[House Report 112-705]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-705
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NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2013
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CONFERENCE REPORT
to accompany
H.R. 4310
December 18, 2012.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-705
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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
----------
CONFERENCE REPORT
to accompany
H.R. 4310
December 18, 2012.--Ordered to be printed
C O N T E N T S
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Page
Compliance with rules of the House of Representatives and Senate
regarding earmarks and congressionally directed spending items. 681
Summary of discretionary authorizations and budget implication... 681
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 688
Title I--Procurement............................................. 688
Budget Items................................................. 688
M1 Abrams upgrade program................................ 688
SPIDERNET/Spectral Warrior hardware...................... 688
AC-130 aircraft electro-optical and infrared sensors..... 689
Subtitle A--Authorization of Appropriations.................. 689
Authorization of appropriations (sec. 101)............... 689
Subtitle B--Army Programs.................................... 689
Multiyear procurement authority for Army CH-47
helicopters (sec. 111)................................. 689
Reports on airlift requirements of the Army (sec. 112)... 689
Subtitle C--Navy Programs.................................... 690
Extension of Ford class aircraft carrier construction
authority (sec. 121)................................... 690
Multiyear procurement authority for Virginia class
submarine program (sec. 122)........................... 690
Multiyear procurement authority for Arleigh Burke class
destroyers and associated systems (sec. 123)........... 690
Limitation on availability of amounts for second Ford
class aircraft carrier (sec. 124)...................... 691
Refueling and complex overhaul of the U.S.S. Abraham
Lincoln (sec. 125)..................................... 691
Designation of mission modules of the Littoral Combat
Ship as a major defense acquisition program (sec. 126). 691
Report on Littoral Combat Ship designs (sec. 127)........ 691
Comptroller General review of Littoral Combat Ship
program (sec. 128)..................................... 691
Sense of Congress on importance of engineering in early
stages of shipbuilding (sec. 129)...................... 692
Sense of Congress on nuclear-powered ballistic submarines
(sec. 130)............................................. 692
Sense of Congress on Marine Corps amphibious lift and
presence requirements (sec. 131)....................... 692
Sense of the Senate on Department of the Navy fiscal year
2014 budget request for tactical aviation aircraft
(sec. 132)............................................. 693
Subtitle D--Air Force Programs............................... 693
Reduction in number of aircraft required to be maintained
in strategic airlift aircraft inventory (sec. 141)..... 693
Retirement of B-1 bomber aircraft (sec. 142)............. 694
Avionics systems for C-130 aircraft (sec. 143)........... 694
Treatment of certain programs for the F-22A Raptor
aircraft as major defense acquisition programs (sec.
144)................................................... 694
Subtitle E--Joint and Multiservice Matters................... 695
Multiyear procurement authority for V-22 joint aircraft
program (sec. 151)..................................... 695
Procurement of space-based infrared systems satellites
(sec. 152)............................................. 695
Limitation on availability of funds for evolved
expendable launch vehicle program (sec. 153)........... 696
Limitation on availability of funds for retirement of RQ-
4 Global Hawk unmanned aircraft systems (sec. 154)..... 696
Requirement to set F-35 aircraft initial operational
capability dates (sec. 155)............................ 696
Shallow Water Combat Submersible program (sec. 156)...... 697
Requirement that tactical manned intelligence,
surveillance, and reconnaissance aircraft and unmanned
aerial vehicles use specified standard data link (sec.
157)................................................... 697
Study on small arms and small-caliber ammunition
capabilities (sec. 158)................................ 697
Legislative Provisions Not Adopted........................... 698
Extension of multiyear procurement authority for F/A-18E,
F/A-18F, and EA-18G aircraft........................... 698
Transfer of certain fiscal year 2012 Procurement of
Ammunition, Navy and Marine Corps funds................ 698
Transfer of certain fiscal year 2012 Procurement, Marine
Corps funds for procurement of weapons and combat
vehicles............................................... 698
SPIDERNET/Spectral Warrior hardware...................... 698
Limitation on availability of funds for divestment or
retirement of C-27J aircraft........................... 698
Review of C-130 force structure.......................... 699
Transfer of certain fiscal year 2011 and 2012 funds for
aircraft procurement for the Air Force................. 699
Limitation on availability of funds for full-rate
production of Handheld, Manpack, and Small Form/Fit
radios under the Joint Tactical Radio System program... 699
AC-130 aircraft electro-optical and infrared sensors..... 700
Title II--Research, Development, Test, and Evaluation............ 700
Budget Items................................................. 700
Detailed digital radio frequency modulation
countermeasures studies and simulations................ 700
Relocation of C-band radar from Antigua to H.E. Holt
Station in Western Australia to enhance space
situational awareness capabilities..................... 700
Subtitle A--Authorization of Appropriations.................. 701
Authorization of appropriations (sec. 201)............... 701
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 701
Next-generation long-range strike bomber aircraft nuclear
certification requirement (sec. 211)................... 701
Extension of limitation on availability of funds for
Unmanned Carrier-launched Surveillance and Strike
system program (sec. 212).............................. 701
Limitation on availability of funds for milestone A
activities for an Army medium range multi-purpose
vertical takeoff and landing unmanned aircraft system
(sec. 213)............................................. 702
Use of funds for conventional prompt global strike
program (sec. 214)..................................... 702
Next Generation Foundry for the Defense Microelectronics
Activity (sec. 215).................................... 702
Advanced rotorcraft initiative (sec. 216)................ 703
Subtitle C--Missile Defense Programs......................... 703
Prohibition on the use of funds for the MEADS program
(sec. 221)............................................. 703
Availability of funds for Iron Dome short-range rocket
defense program (sec. 222)............................. 703
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. 223)................................ 704
Evaluation of alternatives for the precision tracking
space system (sec. 224)................................ 704
Next generation Exo-atmospheric Kill Vehicle (sec. 225).. 704
Modernization of the Patriot air and missile defense
system (sec. 226)...................................... 705
Evaluation and environmental impact assessment of
potential future missile defense sites in the United
States (sec. 227)...................................... 705
Homeland ballistic missile defense (sec. 228)............ 705
Regional ballistic missile defense (sec. 229)............ 705
NATO contributions to missile defense in Europe (sec.
230)................................................... 706
Report on test plan for the ground-based midcourse
defense system (sec. 231).............................. 706
Sense of Congress on missile defense (sec. 232).......... 706
Sense of Congress on the submittal to Congress of the
homeland defense hedging policy and strategy report of
the Secretary of Defense (sec. 233).................... 707
Subtitle D--Reports.......................................... 707
Mission packages for the Littoral Combat Ship (sec. 241). 707
Study on electronic warfare capabilities of the Marine
Corps (sec. 242)....................................... 707
Conditional requirement for report on amphibious assault
vehicles for the Marine Corps (sec. 243)............... 707
Report on Air Force cyber and information technology
research investments of the Air Force (sec. 244)....... 708
National Research Council review of defense science and
technical graduate education needs (sec. 245).......... 708
Subtitle E--Other Matters.................................... 708
Eligibility for Department of Defense laboratories to
enter into educational partnerships with educational
institutions in territories and possessions of the
United States (sec. 251)............................... 708
Regional advanced technology clusters (sec. 252)......... 709
Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces
(sec. 253)............................................. 709
Legislative Provisions Not Adopted........................... 709
Unmanned combat air system............................... 709
Transfer of certain fiscal year 2012 Navy research,
development, test, and evaluation funds................ 709
Limitation on availability of funds for future manned
ground moving target indicator capability of the Air
Force.................................................. 709
Transfer of certain fiscal year 2012 Air Force research,
development, test, and evaluation funds................ 710
Relocation of C-band radar from Antigua to H.E. Holt
Station in Western Australia to enhance space
situational awareness capabilities..................... 710
Vertical lift platform technology demonstrations......... 711
Detailed digital radio frequency modulation
countermeasures studies and simulations................ 711
Procurement of AN/TPY-2 radars........................... 711
Ground-based Midcourse Defense system.................... 711
Deployment of SM-3 IIB interceptors on land and sea...... 712
Sea based X-band radar................................... 712
Plan to improve discrimination and kill assessment
capability of ballistic missile defense systems........ 713
Readiness and flexibility of intercontinental ballistic
missile force.......................................... 713
Report on three-dimensional integrated circuit
manufacturing capabilities............................. 713
Report on efforts to field new directed energy weapons... 713
Comptroller General annual reports on the acquisition
program for the Amphibious Combat Vehicle.............. 714
Briefing on power and energy research conducted at
University Affiliated Research Centers................. 714
Transfer of administration of Ocean Research and
Resources Advisory Panel from Department of the Navy to
National Oceanic and Atmospheric Administration........ 714
Title III--Operation and Maintenance............................. 715
Subtitle A--Authorization of Appropriations.................. 715
Operation and maintenance funding (sec. 301)............. 715
Subtitle B--Energy and Environment........................... 715
Training range sustainment plan and training range
inventory (sec. 311)................................... 715
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. 312).... 715
Department of Defense guidance on environmental exposures
at military installations and briefing regarding
environmental exposures to members of the Armed Forces
(sec. 313)............................................. 715
Report on status of targets in implementation plan for
operational energy strategy (sec. 314)................. 716
Limitation on obligation of Department of Defense funds
from Defense Production Act of 1950 for biofuel
refinery construction (sec. 315)....................... 716
Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes
(sec. 316)............................................. 716
Subtitle C--Logistics and Sustainment........................ 717
Expansion and reauthorization of multi-trades
demonstration project (sec. 321)....................... 717
Restoration and amendment of certain provisions relating
to depot-level maintenance and core logistics
capabilities (sec. 322)................................ 717
Rating chains for system program managers (sec. 323)..... 717
Subtitle D--Readiness........................................ 718
Intergovernmental support agreements with State and local
governments (sec. 331)................................. 718
Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements (sec. 332)................................ 718
Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic
ports (sec. 333)....................................... 718
Subtitle E--Reports.......................................... 719
Annual report on Department of Defense long-term
corrosion strategy (sec. 341).......................... 719
Report on joint strategy for readiness and training in a
C4ISR-denied environment (sec. 342).................... 719
Comptroller General review of annual Department of
Defense report on prepositioned materiel and equipment
(sec. 343)............................................. 719
Modification of report on maintenance and repair of
vessels in foreign shipyards (sec. 344)................ 719
Extension of deadline for Comptroller General report on
Department of Defense service contract inventory (sec.
345)................................................... 720
Subtitle F--Limitations and Extension of Authority........... 720
Repeal of redundant authority to ensure interoperability
of law enforcement and emergency responder training
(sec. 351)............................................. 720
Aerospace control alert mission (sec. 352)............... 720
Limitation on authorization of appropriations for the
National Museum of the United States Army (sec. 353)... 720
Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock
landing ships (sec. 354)............................... 721
Renewal of expired prohibition on return of veterans
memorial objects without specific authorization in law
(sec. 355)............................................. 721
Subtitle G--National Commission on the Structure of the Air
Force...................................................... 722
National commission on the structure of the Air Force
(secs. 361-367)........................................ 722
Subtitle H--Other Matters.................................... 722
Military working dog matters (sec. 371).................. 722
Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments
(sec. 372)............................................. 723
Legislative Provisions Not Adopted........................... 723
Authorization of appropriations of funds for inactivation
execution of the U.S.S. Enterprise..................... 723
Funding of agreements under the Sikes Act................ 723
Modification of definition of chemical substance......... 723
Exemption of Department of Defense from alternative fuel
procurement requirement................................ 724
Southern sea otter military readiness areas.............. 724
Sense of Congress regarding decontamination of former
bombardment area on island of Culebra, Puerto Rico..... 724
Sense of Congress regarding the performance of
commercially available activities by Department of
Defense civilian employees............................. 724
Center of Excellence for the National Guard State
Partnership Program.................................... 725
Comptroller General of the United States report reviewing
methodology of Department of Defense relating to costs
of performance by civilian employees, military
personnel, and contractors............................. 725
Report on medical evacuation policies.................... 725
Report on providing telecommunications services to
uniformed personnel transiting through foreign airports 726
Survey and report on personal protection equipment needed
by members of the Armed Forces deployed on the ground
in combat zones........................................ 726
Assistance for homeland defense mission training......... 727
Funding for maintenance of force structure of the Air
Force pending commission recommendations............... 727
Air Force assessments of the effects of proposed
movements of airframes on joint readiness training..... 727
Title IV--Military Personnel Authorizations...................... 727
Subtitle A--Active Forces.................................... 727
End strengths for active forces (sec. 401)............... 727
Revision in permanent active duty end strength minimum
levels (sec. 402)...................................... 728
Annual limitation on end strength reductions for regular
component of the Army and Marine Corps (sec. 403)...... 728
Additional Marine Corps personnel for the Marine Corps
Security Guard Program (sec. 404)...................... 729
Subtitle B--Reserve Forces................................... 730
End strengths for Selected Reserve (sec. 411)............ 730
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 730
End strengths for military technicians (dual status)
(sec. 413)............................................. 731
Fiscal year 2013 limitation on number of non-dual status
technicians (sec. 414)................................. 731
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 732
Subtitle C--Authorization of Appropriations.................. 732
Military personnel (sec. 421)............................ 732
Title V--Military Personnel Policy............................... 732
Subtitle A--Officer Personnel Policy Generally............... 732
Limitation on number of Navy flag officers on active duty
(sec. 501)............................................. 732
Reinstatement of authority for enhanced selective early
retirement boards and early discharges (sec. 502)...... 733
Modification of definition of joint duty assignment to
include all instructor assignments for joint training
and education (sec. 503)............................... 733
Exception to required retirement after 30 years of
service for Regular Navy Warrant officers in the grade
of Chief Warrant Officer, W-5 (sec. 504)............... 733
Extension of temporary authority to reduce minimum length
of active service as a commissioned officer required
for voluntary retirement as an officer (sec. 505)...... 733
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. 506)........................ 734
Modification to limitations on number of officers for
whom service-in-grade requirements may be reduced for
retirement in grade upon voluntary retirement (sec.
507)................................................... 734
Air Force Chief of Chaplains (sec. 508).................. 734
Subtitle B--Reserve Component Management..................... 735
Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters (sec.
511)................................................... 735
Automatic Federal recognition of promotion of certain
National Guard warrant officers (sec. 512)............. 735
Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty
for more than 180 consecutive days (sec. 513).......... 735
Subtitle C--General Service Authorities...................... 735
Authority for additional behavioral health professionals
to conduct pre-separation medical exams for post-
traumatic stress disorder (sec. 518)................... 735
Diversity in the Armed Forces and related reporting
requirements (sec. 519)................................ 736
Limitation on reduction in number of military and
civilian personnel assigned to duty with service review
agencies (sec. 520).................................... 736
Extension of temporary increase in accumulated leave
carryover for members of the Armed Forces (sec. 521)... 736
Modification of authority to conduct programs on career
flexibility to enhance retention of members of the
Armed Forces (sec. 522)................................ 737
Prohibition on waiver for commissioning or enlistment in
the Armed Forces for any individual convicted of a
felony sexual offense (sec. 523)....................... 737
Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board
Liaison Officers (sec. 524)............................ 737
Reports on involuntary separation of members of the Armed
Forces (sec. 525)...................................... 737
Report on feasibility of developing gender-neutral
occupational standards for military occupational
specialties currently closed to women (sec. 526)....... 738
Report on education and training and promotion rates for
pilots of remotely piloted aircraft (sec. 527)......... 738
Impact of numbers of members within the Integrated
Disability Evaluation System on readiness of Armed
Forces to meet mission requirements (sec. 528)......... 738
Subtitle D--Military Justice and Legal Matters............... 738
Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps (sec.
531)................................................... 738
Additional information in reports on annual surveys of
the Committee on the Uniform Code of Military Justice
(sec. 532)............................................. 739
Protection of rights of conscience of members of the
Armed Forces and chaplains of such members (sec. 533).. 739
Reports on hazing in the Armed Forces (sec. 534)......... 740
Subtitle E--Member Education and Training Opportunities and
Administration............................................. 740
Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to
the Program (sec. 541)................................. 740
Support of Naval Academy athletic and physical fitness
programs (sec. 542).................................... 741
Expansion of Department of Defense pilot program on
receipt of civilian credentialing for military
occupational specialty skills (sec. 543)............... 741
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. 544)..................... 741
Department of Defense review of access to military
installations by representatives of institutions of
higher education (sec. 545)............................ 742
Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of
the Armed Forces (sec. 546)............................ 742
Comptroller General of the United States reports on joint
professional military education matters (sec. 547)..... 742
Subtitle F--Reserve Officers' Training Corps and Related
Matters.................................................... 742
Repeal of requirement for eligibility for in-State
tuition of at least 50 percent of participants in
Senior Reserve Officers' Training Corps program (sec.
551)................................................... 742
Consolidation of military department authority to issue
arms, tentage, and equipment to educational
institutions not maintaining units of Junior Reserve
Officers' Training Corps (sec. 552).................... 743
Modification of requirements on plan to increase the
number of units of the Junior Reserve Officers'
Training Corps (sec. 553).............................. 743
Comptroller General report on Reserve Officers' Training
Corps programs (sec. 554).............................. 743
Subtitle G--Defense Dependents' Education and Military Family
Readiness.................................................. 744
Continuation of authority to assist local educational
agencies that benefit dependents of members of the
Armed Forces and Department of Defense civilian
employees (sec. 561)................................... 744
Impact Aid for children with severe disabilities (sec.
562)................................................... 745
Amendments to the Impact Aid program (sec. 563).......... 745
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. 564)............................ 745
Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to
enroll certain students (sec. 565)..................... 746
Noncompetitive appointment authority regarding certain
military spouses (sec. 566)............................ 746
Report on future of family support programs of the
Department of Defense (sec. 567)....................... 747
Sense of Congress regarding support for Yellow Ribbon Day
(sec. 568)............................................. 747
Subtitle H--Improved Sexual Assault Prevention and Response
in the Armed Forces........................................ 748
Armed Forces Workplace and Gender Relations Surveys (sec.
570)................................................... 748
Authority to retain or recall to active duty reserve
component members who are victims of sexual assault
while on active duty (sec. 571)........................ 748
Additional elements in comprehensive Department of
Defense policy on sexual assault prevention and
response (sec. 572).................................... 748
Establishment of special victim capabilities within the
military departments to respond to allegations of
certain special victim offenses (sec. 573)............. 749
Enhancement to training and education for sexual assault
prevention and response (sec. 574)..................... 750
Modification of annual Department of Defense reporting
requirements regarding sexual assaults (sec. 575)...... 750
Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual
assault cases (sec. 576)............................... 750
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. 577).......... 752
General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault (sec. 578)....... 752
Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces (sec.
579)................................................... 752
Subtitle I--Suicide Prevention and Resilience................ 753
Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs
(sec. 580)............................................. 753
Reserve component suicide prevention and resilience
program (sec. 581)..................................... 753
Comprehensive policy on prevention of suicide among
members of the Armed Forces (sec. 582)................. 753
Study of resilience programs for members of the Army
(sec. 583)............................................. 754
Subtitle J--Other Matters.................................... 754
Issuance of prisoner-of-war medal (sec. 584)............. 754
Technical amendments relating to the termination of the
Armed Forces Institute of Pathology under defense base
closure and realignment (sec. 585)..................... 755
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. 586).................. 755
Acceptance of gifts and services related to educational
activities and voluntary services to account for
missing persons (sec. 587)............................. 755
Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces (sec. 588)....... 756
Enhancement of authorities on admission of defense
industry civilians to certain Department of Defense
educational institutions and programs (sec. 589)....... 756
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. 590)................................ 756
Inspection of military cemeteries under the jurisdiction
of Department of Defense (sec. 591).................... 757
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. 592)........................................ 757
Preservation of editorial independence of Stars and
Stripes (sec. 593)..................................... 757
National public awareness and participation campaign for
Veterans' History Project of American Folklife Center
(sec. 594)............................................. 758
Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System (sec. 595)................ 758
Sense of Congress that the bugle call commonly known as
Taps should be designated as the National Song of
Military Remembrance (sec. 596)........................ 758
Legislative Provisions Not Adopted........................... 758
Sense of Senate on inclusion of assignments as academic
instructor at the military service academies as joint
duty assignments....................................... 758
Authority for appointment of persons who are lawful
permanent residents as officers of the National Guard.. 759
On-line tracking of certain reserve duty................. 759
Report on mechanisms to ease the reintegration into
civilian life of members of the National Guard and
Reserves following a deployment on active duty......... 759
Authorized leave available for members of the Armed
Forces upon birth or adoption of child................. 759
Command responsibility and accountability for remains of
members of the Army, Navy, Air Force, and Marine Corps
who die outside the United States...................... 760
Compliance with medical profiles issued for members of
the armed forces....................................... 760
Persons who may exercise disposition authority regarding
charges involving certain sexual misconduct offenses
under the Uniform Code of Military Justice............. 760
Use of military installations as sites for marriage
ceremonies or marriage-like ceremonies................. 761
Coordination between Yellow Ribbon Reintegration Program
and Small Business Development Centers................. 761
Inclusion of the School of Advanced Military Studies
Senior Level Course as a senior level service school... 761
Award of Purple Heart to members of the armed forces who
were victims of the attacks at recruiting station in
Little Rock, Arkansas, and at Fort Hood, Texas......... 761
Modification of eligibility for associate degree programs
under the Community College of the Air Force........... 762
Advancement of Brigadier General Charles E. Yeager,
United States Air Force (retired) on the retired list.. 762
Authorization for award of the Medal of Honor to First
Lieutenant Alonzo H. Cushing for acts of valor during
the Civil War.......................................... 762
Grade of commissioned officers in uniformed medical
accession programs..................................... 763
Authority for service commitment for reservists who
accept fellowships, scholarships, or grants to be
performed in the Selected Reserve...................... 763
Retroactive award of Army Combat Action Badge............ 763
Report on Navy review, findings, and actions pertaining
to Medal of Honor nomination of Marine Corps Sergeant
Rafael Peralta......................................... 764
Protection of child custody arrangements for parents who
are members of the armed forces........................ 764
Treatment of relocation of members of the armed forces
for active duty for purposes of mortgage refinancing... 764
Continued submission of progress reports regarding
certain incident information management tools.......... 764
Briefings on Department of Defense actions regarding
sexual assault prevention and response in the armed
forces................................................. 765
Family briefings concerning accountings for members of
the armed forces and Department of Defense civilian
employees listed as missing............................ 765
Inclusion of information on substantiated reports of
sexual harassment in member's official service record.. 765
Sense of Congress on military sexual trauma.............. 765
Posthumous honorary promotion of Sergeant Paschal Conley
to second lieutenant in the Army....................... 766
Department of Defense Sexual Assault and Harassment
Oversight and Advisory Council......................... 766
Inclusion of freely associated states within scope of
Junior Reserve Officers' Training Corps Program........ 766
Recommended conduct during sounding of bugle call
commonly known as ``Taps''............................. 766
Pilot program to provide transitional assistance to
members of the armed forces with a focus on science,
technology, engineering, and mathematics............... 766
Sense of Congress regarding the recovery of the remains
of certain members of the armed forces killed in
Thurston Island, Antarctica............................ 767
Report on effects of multiple deployments................ 767
Establishment of chain of command for Army National
Military Cemeteries.................................... 767
Military salute during recitation of pledge of allegiance
by members of the Armed Forces not in uniform and by
veterans............................................... 768
Title VI--Compensation and Other Personnel Benefits.............. 768
Subtitle A--Pay and Allowances............................... 768
Fiscal year 2013 increase in military basic pay (sec.
601)................................................... 768
Extension of authority to provide temporary increase in
rates of basic allowance for housing under certain
circumstances (sec. 602)............................... 768
Basic allowance for housing for two-member couples when
one member is on sea duty (sec. 603)................... 768
Rates of basic allowance for housing for members
performing active Guard and Reserve duty (sec. 604).... 768
Payment of benefit for nonparticipation of eligible
members in Post-Deployment/Mobilization Respite Absence
program due to Government error (sec. 605)............. 769
Subtitle B--Bonuses and Special and Incentive Pays........... 769
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611).............. 769
One-year extension of certain bonus and special pay
authorities for health care professionals (sec. 612)... 770
One-year extension of special pay and bonus authorities
for nuclear officers (sec. 613)........................ 770
One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities (sec. 614)................................. 770
One-year extension of authorities relating to payment of
other title 37 bonuses and special pays (sec. 615)..... 771
Increase in maximum amount of officer affiliation bonus
for officers in the Selected Reserve (sec. 616)........ 771
Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational
specialty to ease personnel shortages (sec. 617)....... 771
Subtitle C--Travel and Transportation Allowances............. 771
Permanent change of station allowances for members of
Selected Reserve units filling a vacancy in another
unit after being involuntarily separated (sec. 621).... 771
Authority for comprehensive program for space-available
travel on Department of Defense aircraft (sec. 622).... 772
Subtitle D--Benefits and Services for Members Being Separated
or Recently Separated...................................... 773
Extension of authority to provide two years of commissary
and exchange benefits after separation (sec. 631)...... 773
Transitional use of military family housing (sec. 632)... 773
Subtitle E--Disability, Retired Pay, and Survivor Benefits... 773
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. 641)............... 773
Repeal of automatic enrollment in Family Servicemembers'
Group Life Insurance for members of the Armed Forces
married to other members (sec. 642).................... 773
Clarification of computation of combat-related special
compensation for chapter 61 disability retirees (sec.
643)................................................... 774
Subtitle F--Commissary and Nonappropriated Fund
Instrumentality Benefits and Operations.................... 774
Repeal of certain recordkeeping and reporting
requirements applicable to commissary and exchange
stores overseas (sec. 651)............................. 774
Treatment of Fisher House for the Families of the Fallen
and Meditation Pavilion at Dover Air Force Base,
Delaware, as a Fisher House (sec. 652)................. 774
Subtitle G--Military Lending................................. 774
Additional enhancements of protections on consumer credit
for members of the Armed Forces and their dependents
(sec. 661)............................................. 774
Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their
dependents (sec. 662).................................. 775
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 (sec. 663)............................ 775
Subtitle H--Military Compensation and Retirement
Modernization Commission................................... 775
Purpose, scope, and definitions (sec. 671)............... 775
Military Compensation and Retirement Modernization
Commission (sec. 672).................................. 776
Commission hearings and meetings (sec. 673).............. 777
Principles and procedure for Commission recommendations
(sec. 674)............................................. 778
Consideration of Commission recommendations by the
President (sec. 675)................................... 779
Executive Director (sec. 676)............................ 779
Staff (sec. 677)......................................... 779
Judicial review precluded (sec. 678)..................... 780
Termination (sec. 679)................................... 780
Funding (sec. 680)....................................... 780
Subtitle I--Other Matters.................................... 780
Equal treatment for members of Coast Guard Reserve called
to active duty under title 14, United States Code (sec.
681)................................................... 780
Report regarding Department of Veterans Affairs claims
process transformation plan (sec. 682)................. 780
Legislative Provisions Not Adopted........................... 781
Modification of program guidance relating to the award of
Post-Deployment/Mobilization Respite Absence
administrative absence days to members of the reserve
components under DOD Instruction 1327.06............... 781
Travel and transportation allowances for non-medical
attendants for members receiving care in a residential
treatment program...................................... 781
Charitable organizations eligible for donations of
unusable commissary store food and other food prepared
for the armed forces................................... 782
Purchase of sustainable products, local food products,
and recyclable materials for resale in commissary and
exchange store systems................................. 782
Enhancement of protections on consumer credit for members
of the armed forces and their dependents............... 782
Mortgage protection for members of the armed forces,
surviving spouses, and certain veterans................ 783
Study on issuing identification cards to certain members
upon discharge......................................... 783
Report on issuance by Armed Forces Medical Examiner of
death certificates for members of the armed forces who
die on active duty abroad.............................. 784
Title VII--Health Care Provisions................................ 784
Subtitle A--TRICARE and Other Health Care Benefits........... 784
Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated (sec. 701)..................... 784
Inclusion of certain over-the-counter drugs in TRICARE
uniform formulary (sec. 702)........................... 784
Modification of requirements on mental health assessments
for members of the Armed Forces deployed in connection
with a contingency operation (sec. 703)................ 785
Use of Department of Defense funds for abortions in cases
of rape and incest (sec. 704).......................... 785
Pilot program on certain treatments of autism under the
TRICARE program (sec. 705)............................. 785
Pilot program on enhancements of Department of Defense
efforts on mental health in the National Guard and
Reserves through community partnerships (sec. 706)..... 786
Sense of Congress on health care for retired members of
the uniformed services (sec. 707)...................... 786
Subtitle B--Health Care Administration....................... 787
Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4
(sec. 711)............................................. 787
Cost-sharing rates for the Pharmacy Benefits Program of
the TRICARE program (sec. 712)......................... 787
Clarification of applicability of certain authority and
requirements to subcontractors employed to provide
health care services to the Department of Defense (sec.
713)................................................... 787
Expansion of evaluation of the effectiveness of the
TRICARE program (sec. 714)............................. 787
Requirement to ensure the effectiveness and efficiency of
health engagements (sec. 715).......................... 788
Pilot program for refills of maintenance medications of
TRICARE for Life beneficiaries through the TRICARE
mail-order pharmacy program (sec. 716)................. 788
Subtitle C--Mental Health Care and Veterans Matters.......... 789
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. 723).............. 789
Participation of members of the Armed Forces in peer
support counseling programs of the Department of
Veterans Affairs (sec. 724)............................ 789
Research and medical practice on mental health conditions
(sec. 725)............................................. 789
Transparency in mental health care services provided by
the Department of Veterans Affairs (sec. 726).......... 790
Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and
their family members (sec. 727)........................ 790
Organization of the Readjustment Counseling Service in
the Department of Veterans Affairs (sec. 728).......... 790
Recruitment of mental health providers for furnishing
mental health services on behalf of the Department of
Veterans Affairs without compensation from the
Department (sec. 729).................................. 790
Peer support (sec. 730).................................. 790
Subtitle D--Reports and Other Matters........................ 791
Plan for reform of the administration of the military
health system (sec. 731)............................... 791
Future availability of TRICARE Prime throughout the
United States (sec. 732)............................... 791
Extension of Comptroller General report on contract
health care staffing for military medical treatment
facilities (sec. 733).................................. 791
Extension of Comptroller General report on women-specific
health services and treatment for female members of the
Armed Forces (sec. 734)................................ 792
Study on health care and related support for children of
members of the Armed Forces (sec. 735)................. 792
Report on strategy to transition to use of human-based
methods for certain medical training (sec. 736)........ 792
Study on incidence of breast cancer among members of the
Armed Forces serving on active duty (sec. 737)......... 793
Performance metrics and reports on Warriors in Transition
programs of the military departments (sec. 738)........ 793
Plan to eliminate gaps and redundancies in programs of
the Department of Defense on psychological health and
traumatic brain injury (sec. 739)...................... 793
Legislative Provisions Not Adopted........................... 794
Medical and dental care contracts for certain members of
the National Guard..................................... 794
Mental health assessments for members of the armed forces 794
Unified Medical Command.................................. 794
Availability of certain fertility preservation treatments
for members of the armed forces on active duty......... 794
Cooperative health care agreements between the military
departments and non-military health care entities...... 795
Pilot program on increased third-party collection
reimbursements in military medical treatment facilities 795
Increased collaboration with NIH to combat triple
negative breast cancer................................. 796
Pilot program on payment for treatment of members of the
armed forces and veterans for traumatic brain injury
and post-traumatic stress disorder..................... 796
Congressional support for greater awareness of post-
traumatic stress disorder.............................. 796
Report on Department of Defense support of members of the
armed forces who experience traumatic injury as a
result of vaccinations required by the Department...... 796
Report on implementation of recommendations of the
Comptroller General of the United States on prevention
of hearing loss among members of the armed forces...... 797
Sense of Senate on mental health counselors for members
of the armed forces, veterans, and their families...... 797
Prescription drug take-back program for members of the
armed forces and their dependents...................... 797
Assessment of adequacy of mental health care benefits
under the TRICARE program.............................. 798
Disposal of controlled substances........................ 798
Authority for Secretary of Veterans Affairs to furnish
mental health care through facilities other than vet
centers to immediate family members of members of the
armed forces deployed in connection with a contingency
operation.............................................. 798
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 799
Legislative Provisions Adopted............................... 799
Subtitle A--Acquisition Policy and Management................ 799
Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the
Department of Energy (sec. 801)........................ 799
Review and justification of pass-through contracts (sec.
802)................................................... 800
Availability of amounts in Defense Acquisition Workforce
Development Fund (sec. 803)............................ 800
Department of Defense policy on contractor profits (sec.
804)................................................... 801
Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by
certain non-defense agencies (sec. 805)................ 801
Extension of authority relating to management of supply-
chain risk (sec. 806).................................. 801
Sense of Congress on the continuing progress of the
Department of Defense in implementing its Item Unique
Identification Initiative (sec. 807)................... 801
Subtitle B--Provisions Relating to Major Defense Acquisition
Programs................................................... 802
Limitation on use of cost-type contracts (sec. 811)...... 802
Estimates of potential termination liability of contracts
for the development or production of major defense
acquisition programs (sec. 812)........................ 802
Technical change regarding programs experiencing critical
cost growth due to change in quantity purchased (sec.
813)................................................... 803
Repeal of requirement to review ongoing programs
initiated before enactment of Milestone B certification
and approval process (sec. 814)........................ 803
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 803
Modification of time period for congressional
notification of the lease of certain vessels by the
Department of Defense. (sec. 821)...................... 803
Extension of authority for use of simplified acquisition
procedures for certain commercial items (sec. 822)..... 803
Codification and amendment relating to life-cycle
management and product support requirements (sec. 823). 804
Codification of requirement relating to Government
performance of critical acquisition functions (sec.
824)................................................... 804
Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs
(sec. 825)............................................. 804
Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan
National Police (sec. 826)............................. 804
Enhancement of whistleblower protections for contractor
employees (sec. 827)................................... 805
Pilot program for enhancement of contractor employee
whistleblower protections (sec. 828)................... 805
Extension of contractor conflict of interest limitations
(sec. 829)............................................. 805
Repeal of sunset for certain protests of task and
delivery order contracts (sec. 830).................... 806
Guidance and training related to evaluating
reasonableness of price (sec. 831)..................... 806
Department of Defense access to, use of, and safeguards
and protections for contractor internal audit reports
(sec. 832)............................................. 806
Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts
(sec. 833)............................................. 806
Subtitle D--Provisions Relating to Contracts in Support of
Contingency Operations..................................... 807
Extension and expansion of authority to acquire products
and services produced in countries along a major route
of supply to Afghanistan (sec. 841).................... 807
Limitation on authority to acquire products and services
produced in Afghanistan (sec. 842)..................... 807
Responsibility within Department of Defense for
operational contract support (sec. 843)................ 807
Data collection on contract support for future overseas
contingency operations involving combat operations
(sec. 844)............................................. 808
Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management
structure (sec. 845)................................... 808
Requirements for risk assessments related to contractor
performance (sec. 846)................................. 809
Extension and modification of reports on contracting in
Iraq and Afghanistan (sec. 847)........................ 809
Responsibilities of Inspectors General for overseas
contingency operations (sec. 848)...................... 809
Oversight of contracts and contracting activities for
overseas contingency operations in responsibilities of
Chief Acquisition Officers of Federal agencies (sec.
849)................................................... 810
Reports on responsibility within Department of State and
the United States Agency for International Development
for contract support for overseas contingency
operations (sec. 850).................................. 810
Database on price trends of items and services under
Federal contracts (sec. 851)........................... 810
Information on corporate contractor performance and
integrity through the Federal Awardee Performance and
Integrity Information System (sec. 852)................ 811
Inclusion of data on contractor performance in past
performance databases for executive agency source
selection decisions (sec. 853)......................... 811
Subtitle E--Other Matters.................................... 811
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. 861)................... 811
Uniform contract writing system requirements (sec. 862).. 811
Extension of other transaction authority (sec. 863)...... 812
Report on allowable costs of compensation of contractor
employees (sec. 864)................................... 812
Reports on use of indemnification agreements (sec. 865).. 812
Plan to increase number of contractors eligible for
contracts under Air Force NETCENTS-2 contract (sec.
866)................................................... 812
Inclusion of information on prevalent grounds for
sustaining bid protests in annual protest report by
Comptroller General to Congress (sec. 867)............. 813
Legislative Provisions Not Adopted........................... 813
Management structure for developmental test and
evaluation............................................. 813
Prohibition on contracting with persons that have
business operations with state sponsors of terrorism... 813
Additional definition relating to production of specialty
metals within the United States........................ 813
Assessment of infrared technology sectors................ 814
One-year extension of temporary limitation on aggregate
annual amount available for contract services.......... 814
Enhancement of review of acquisition process for rapid
fielding of capabilities in response to urgent
operational needs...................................... 814
Location of contractor-operated call centers in the
United States.......................................... 814
Consideration and verification of information relating to
effect on domestic employment of award of defense
contracts.............................................. 815
Requirement to include trafficking in persons in
performance assessments of defense contractors......... 815
Short title.............................................. 815
Sense of Senate on the contributions of Latvia and other
North Atlantic Treaty Organization member nations to
the success of the Northern Distribution Network....... 815
Agency reports and inspector general audits of certain
information on overseas contingency operations......... 815
Professional education for Department of State personnel
on acquisition for Department of State support and
participation in overseas contingency operations....... 816
Public availability of database of senior Department of
Defense officials seeking employment with defense
contractors............................................ 816
Additional bases for suspension or debarment............. 816
Comptroller General of the United States review of use by
the Department of Defense, the Department of State, and
the United States Agency for International Development
of urgent and compelling exception to competition...... 817
Authority to provide fee-for-service inspection and
testing by Defense Contract Management Agency for
certain critical equipment in the absence of a
procurement contract................................... 817
Report by the suspension and debarment officials of the
military departments and the Defense Logistics Agency.. 818
Annual report on defense contracting fraud............... 818
Title IX--Department of Defense Organization and Management...... 818
Subtitle A--Department of Defense Management................. 818
Additional duties of Deputy Assistant Secretary of
Defense for Manufacturing and Industrial Base Policy
and amendments to Strategic Materials Protection Board
(sec. 901)............................................. 818
Requirement for focus on urgent operational needs and
rapid acquisition (sec. 902)........................... 819
Designation of Department of Defense senior official for
enterprise resource planning system data conversion
(sec. 903)............................................. 820
Additional responsibilities and resources for Deputy
Assistant Secretary of Defense for Developmental Test
and Evaluation (sec. 904).............................. 820
Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes (sec. 905)... 821
Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews (sec. 906)..................................... 822
Subtitle B--Space Activities................................. 822
Reports on Integration of Acquisition and Capability
Delivery Schedules for Segments of Major Satellite
Acquisition Programs and Funding for Such Programs
(sec. 911)............................................. 822
Commercial space launch cooperation (sec. 912)........... 823
Limitations on international agreements concerning outer
space activities (sec. 913)............................ 823
Operationally Responsive Space Program Office (sec. 914). 824
Report on overhead persistent infrared technology (sec.
915)................................................... 825
Assessment of foreign components and the space launch
capability of the United States (sec. 916)............. 825
Report on counter space technology (sec. 917)............ 826
Subtitle C--Intelligence-Related Activities.................. 826
Authority to provide geospatial intelligence support to
certain security alliances and regional organizations
(sec. 921)............................................. 826
Technical amendments to reflect change in name of
National Defense Intelligence College to National
Intelligence University (sec. 922)..................... 827
Review of Army Distributed Common Ground System (sec.
923)................................................... 827
Electro-optical imagery (sec. 924)....................... 827
Defense Clandestine Service (sec. 925)................... 828
Subtitle D--Cyberspace-Related Matters....................... 829
Implementation strategy for Joint Information Environment
(sec. 931)............................................. 829
Next-generation host-based cyber security system for the
Department of Defense (sec. 932)....................... 830
Improvements in assurance of computer software procured
by the Department of Defense (sec. 933)................ 831
Competition in connection with Department of Defense
tactical data link systems (sec. 934).................. 832
Collection and analysis of network flow data (sec. 935).. 833
Competition for large-scale software database and data
analysis tools (sec. 936).............................. 833
Software licenses of the Department of Defense (sec. 937) 835
Sense of Congress on potential security risks to
Department of Defense networks (sec. 938).............. 835
Quarterly cyber operations briefings (sec. 939).......... 836
Sense of Congress on the United States Cyber Command
(sec. 940)............................................. 836
Reports to Department of Defense on penetrations of
networks and information systems of certain contractors
(sec. 941)............................................. 836
Subtitle E--Other Matters.................................... 838
Advice on military requirements by Chairman of Joint
Chiefs of Staff and Joint Requirements Oversight
Council (sec. 951)..................................... 838
Enhancement of responsibilities of the Chairman of the
Joint Chiefs of Staff regarding the national military
strategy (sec. 952).................................... 838
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. 953)..................................... 838
National Language Service Corps (sec. 954)............... 839
Savings to be achieved in civilian personnel workforce
and service contractor workforce of the Department of
Defense (sec. 955)..................................... 839
Expansion of persons eligible for expedited Federal
hiring following completion of National Security
Education Program scholarship (sec. 956)............... 840
Legislative Provisions Not Adopted........................... 840
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 840
Department of Defense representation in dispute
resolution regarding surrender of Department of Defense
bands of electromagnetic frequencies................... 840
Integration of critical signals intelligence capabilities 841
Limitation on certain funding until certification that
inventory of contracts for services has begun.......... 841
Requirement to ensure sufficient levels of government
management, control, and oversight of functions closely
associated with inherently governmental functions...... 842
Special management attention required for certain
functions identified in inventory of contracts for
services............................................... 842
Military activities in cyberspace........................ 842
Annual briefing to congressional defense committees on
certain written policy guidance........................ 842
Title X--General Provisions...................................... 843
Subtitle A--Financial Matters................................ 843
General transfer authority (sec. 1001)................... 843
Budgetary effects of this Act (sec. 1002)................ 843
Sense of Congress on notice to Congress on unfunded
priorities (sec. 1003)................................. 843
Authority to transfer funds to the National Nuclear
Security Administration to sustain nuclear weapons
modernization (sec. 1004).............................. 843
Audit readiness of Department of Defense statements of
budgetary resources (sec. 1005)........................ 844
Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012 (sec. 1006)..... 844
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 (sec.
1007).................................................. 844
Subtitle B--Counter-Drug Activities.......................... 845
Extension of the authority to establish and operate
National Guard counterdrug schools (sec. 1008)......... 845
Biannual reports on use of funds in the Drug Interdiction
and Counter-Drug Activities, Defense-wide account (sec.
1009).................................................. 845
Extension of authority to support unified counter-drug
and counterterrorism campaign in Colombia (sec. 1010).. 845
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1011)....................... 846
Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments (sec. 1012)................................ 846
Subtitle C--Naval Vessels and Shipyards...................... 846
Policy relating to major combatant vessels of the strike
forces of the United States Navy (sec. 1013)........... 846
Limitation on availability of funds for delayed annual
naval vessel construction plan (sec. 1014)............. 847
Retirement of naval vessels (sec. 1015).................. 847
Termination of a Maritime Prepositioning Ship squadron
(sec. 1016)............................................ 847
Sense of Congress on recapitalization for the Navy and
Coast Guard (sec. 1017)................................ 847
Notice to Congress for the review of proposals to name
naval vessels (sec. 1018).............................. 848
Subtitle D--Counterterrorism................................. 848
Extension of authority to make rewards for combating
terrorism (sec. 1021).................................. 848
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. 1022)....................... 849
Report on recidivism of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, who have
been transferred to foreign countries (sec. 1023)...... 849
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. 1024) 849
Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan,
Afghanistan (sec. 1025)................................ 850
Report on recidivism of individuals formerly detained at
the Detention Facility at Parwan, Afghanistan (sec.
1026).................................................. 850
Prohibition on the use of funds for the transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba (sec. 1027).............. 851
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. 1028)................................... 851
Rights Unaffected (sec. 1029)............................ 851
Subtitle E--Nuclear Forces................................... 852
Nuclear weapons employment strategy of the United States
(sec. 1031)............................................ 852
Progress of modernization (sec. 1032).................... 853
Report in the event of insufficient funding for
modernization of nuclear weapons stockpile (sec. 1033). 853
Prevention of asymmetry of nuclear weapon stockpile
reductions (sec. 1034)................................. 854
Strategic delivery systems (sec. 1035)................... 854
Consideration of expansion of nuclear forces of other
countries (sec. 1036).................................. 855
Nonstrategic nuclear weapon reductions and extended
deterrence policy (sec. 1037).......................... 856
Unilateral change in nuclear weapons stockpile of the
United States (sec. 1038).............................. 856
Expansion of duties and responsibilities of the Nuclear
Weapons Council (sec. 1039)............................ 856
Interagency Council on the Strategic Capability of the
National Laboratories (sec. 1040)...................... 857
Cost estimates for nuclear weapons (sec. 1041)........... 858
Prior notification with regard to retirement of strategic
delivery systems (sec. 1042)........................... 858
Report on nuclear warheads on intercontinental ballistic
missiles of the United States (sec. 1043).............. 859
Requirements for combined or interoperable warhead for
certain missile systems (sec. 1044).................... 859
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. 1045).. 859
Report on conventional and nuclear forces in the Western
Pacific region (sec. 1046)............................. 860
Subtitle F--Miscellaneous Authorities and Limitations........ 860
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. 1051)...... 860
Interagency collaboration on unmanned aircraft systems
(sec. 1052)............................................ 860
Authority to transfer surplus Mine-Resistant Ambush-
Protected vehicles and spare parts (sec. 1053)......... 861
Notice to Congress of certain Department of Defense
nondisclosure agreements (sec. 1054)................... 861
Extension of authority to provide assured business
guarantees to carriers participating in Civil Reserve
Air Fleet (sec. 1055).................................. 862
Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance,
and reconnaissance program (sec. 1056)................. 862
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. 1057).... 862
Sense of Congress on the Joint Warfighting Analysis
Center (sec. 1058)..................................... 863
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 (sec. 1059)...... 863
Subtitle G--Studies and Reports.............................. 864
Electronic warfare strategy of the Department of Defense
(sec. 1061)............................................ 864
Report on counterproliferation capabilities and
limitations (sec. 1062)................................ 865
Report on strategic airlift aircraft (sec. 1063)......... 865
Repeal of biennial report on the Global Positioning
System (sec. 1064)..................................... 865
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. 1065).... 866
Report on force structure of the United States Army (sec.
1066).................................................. 866
Report on planned efficiency initiatives at Space and
Naval Warfare Systems Command (sec. 1067).............. 867
Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific
Region (sec. 1068)..................................... 867
Rialto-Colton Basin, California, water resources study
(sec. 1069)............................................ 868
Reports on the potential security threat posed by Boko
Haram (sec. 1070)...................................... 868
Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development
(sec. 1071)............................................ 868
Subtitle H--Other Matters.................................... 869
Technical and clerical amendments (sec. 1076)............ 869
Sense of Congress on recognizing Air Mobility Command on
its 20th anniversary (sec. 1077)....................... 869
Dissemination abroad of information about the United
States (sec. 1078)..................................... 869
Coordination for computer network operations (sec. 1079). 870
Sense of Congress regarding unauthorized disclosures of
classified information (sec. 1080)..................... 871
Technical amendments to repeal statutory references to
United States Joint Forces Command (sec. 1081)......... 871
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. 1082)............... 871
Scientific framework for recalcitrant cancers (sec. 1083) 872
Protection of veterans' memorials (sec. 1084)............ 872
Sense of Congress regarding spectrum (sec. 1085)......... 872
Public Safety Officers' Benefits Program (sec. 1086)..... 873
Removal of action (sec. 1087)............................ 873
Transport for female genital mutilation (sec. 1088)...... 873
Amendments to law enforcement officer safety provisions
of title 18 (sec. 1089)................................ 873
Reauthorization of sale of aircraft and parts for
wildfire suppression purposes (sec. 1090).............. 873
Transfer of excess aircraft to other departments of the
Federal Government (sec. 1091)......................... 874
Items of Special Interest.................................... 874
Below threshold fund transfers between Department of
Defense accounts....................................... 874
Comptroller General of the United States Review of
Geographic Combatant Commands.......................... 875
Legislative Provisions Not Adopted........................... 876
Sense of Congress regarding the counterdrug tethered
aerostat radar system program.......................... 876
Findings on detention pursuant to the Authorization for
Use of Military Force enacted in 2001.................. 876
Findings regarding habeas corpus rights.................. 876
Prohibition on travel to the United States for certain
detainees repatriated to the Federated States of
Micronesia, the Republic of Palau, and the Republic of
the Marshall Islands................................... 876
Commitments for nuclear weapons stockpile modernization...... 877
Chemistry and Metallurgy Research Replacement Nuclear
Facility and Uranium Processing Facility............... 877
Sense of Congress on nuclear arsenal..................... 877
Assessment of Department of Defense use of
electromagnetic spectrum............................... 877
Report on communications from Congress on status of
military construction projects......................... 878
Report on manufacturing industry......................... 878
Report on long-term costs of Operation New Dawn,
Operation Enduring Freedom, and other contingency
operations............................................. 878
Prohibition on the use of funds for manufacturing beyond
low-rate initial production at certain prototype
integration facilities................................. 879
Authority of Corps of Engineers to construct projects
critical to navigation safety.......................... 879
Review of Air National Guard Component Numbered Air Force
Augmentation Force..................................... 879
Notification of delayed reports.......................... 879
Prohibition on use of information against a United States
citizen gathered by unmanned aerial vehicle without a
warrant................................................ 879
The House of Representatives honors...................... 880
Cost of wars............................................. 880
Trial of foreign terrorists.............................. 880
White Sands Missile Range and Fort Bliss................. 880
Consolidation of data centers............................ 880
Sense of Congress regarding preservation of Second
Amendment rights of active duty military personnel
stationed or residing in the District of Columbia...... 881
Conditional replacement for fiscal year 2013 sequester... 881
Report on defense forensic data.......................... 881
Improving United States foreign police assistance
activities............................................. 881
Sense of Congress regarding United States Northern
Command preparedness................................... 882
Limitation on military musical units..................... 882
Report on effects of budget sequestration on Department
of Defense............................................. 882
Transfer of certain fiscal year 2012 and 2013 funds...... 882
Modification of authority on training of special
operations forces with friendly foreign forces......... 882
Participation of veterans in the Transition Assistance
Program of the Department of Defense................... 884
Modification of the Ministry of Defense Advisor Program.. 884
Report on program on return of rare earth phosphors from
Department of Defense fluorescent lighting waste to the
domestic rare earth supply chain....................... 885
Study on Bradley Fighting Vehicle industrial base........ 885
Report on simulated tactical flight training in a
sustained gravity environment.......................... 885
Report on Department of Defense support for United States
diplomatic security.................................... 886
Comptroller General of the United States report on
Department of Defense spending for conferences and
conventions............................................ 887
Sense of the Senate on the maintenance by the United
States of a triad of strategic nuclear delivery systems 887
Transportation of individuals to and from facilities of
Department of Veterans Affairs......................... 888
Improved enumeration of members of the armed forces in
any tabulation of total population by Secretary of
Commerce............................................... 888
Modernization of absentee ballot mail delivery system.... 888
Housing Assistance for Veterans.......................... 888
Government Accountability Office Mandates Revision Act... 888
Improper Payments Elimination and Recovery Improvement
Act.................................................... 889
Stolen Valor Act......................................... 889
Title XI--Civilian Personnel Matters............................. 889
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1101)............................................ 889
Expansion of experimental personnel program for
scientific and technical personnel at the Defense
Advanced Research Projects Agency (sec. 1102).......... 889
Extension of authority to fill shortage category
positions for certain Federal acquisition positions for
civilian agencies (sec. 1103).......................... 890
One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on
official duty in a combat zone (sec. 1104)............. 890
Policy on senior mentors (sec. 1105)..................... 890
Authority to pay for the transport of family household
pets for Federal employees during certain evacuation
operations (sec. 1106)................................. 890
Interagency personnel rotations (sec. 1107).............. 891
Legislative Provision Not Adopted............................ 891
Federal Employees Retirement System age and retirement
treatment for certain retirees of the armed forces..... 891
Title XII--Matters Relating to Foreign Nations................... 892
Subtitle A--Assistance and Training.......................... 892
Modification and extension of authorities relating to
program to build the capacity of foreign military
forces (sec. 1201)..................................... 892
Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries (sec. 1202).................................. 892
Authority to build the capacity of certain
counterterrorism forces in Yemen and East Africa (sec.
1203).................................................. 893
Limitation on activities under State Partnership Program
pending compliance with certain program-related
requirements (sec. 1204)............................... 893
Subtitle B--Matters Relating to Iraq, Afghanistan, and
Pakistan................................................... 894
Authority to support operations and activities of the
Office of Security Cooperation in Iraq (sec. 1211)..... 894
Report on insider attacks in Afghanistan and their effect
on the United States transition strategy for
Afghanistan (sec. 1212)................................ 894
United States military support in Afghanistan (sec. 1213) 895
Modification of report on progress toward security and
stability in Afghanistan (sec. 1214)................... 896
Independent assessment of the Afghan National Security
Forces (sec. 1215)..................................... 896
Extension and modification of logistical support for
coalition forces supporting certain United States
military operations (sec. 1216)........................ 896
Report on Afghanistan Peace and Reintegration Program
(sec. 1217)............................................ 896
One-year extension of authority to use funds for
reintegration activities in Afghanistan (sec. 1218).... 897
One-year extension and modification of authority for
program to develop and carry out infrastructure
projects in Afghanistan (sec. 1219).................... 897
Report on updates and modifications to campaign plan for
Afghanistan (sec. 1220)................................ 897
Commanders' Emergency Response Program in Afghanistan
(sec. 1221)............................................ 898
Authority to transfer defense articles and provide
defense services to the military and security forces of
Afghanistan (sec. 1222)................................ 898
Report on efforts to promote the security of Afghan women
and girls during the security transition process (sec.
1223).................................................. 899
Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan (sec. 1224)................................ 899
Consultations with Congress on a bilateral security
agreement with Afghanistan (sec. 1225)................. 899
Completion of transition of United States combat and
military and security operations to the Government of
Afghanistan (sec. 1226)................................ 900
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1227).......... 900
Extension and modification of Pakistan Counterinsurgency
Fund (sec. 1228)....................................... 901
Subtitle C--Matters Relating to Iran......................... 902
Report on United States capabilities in relation to
China, North Korea, and Iran (sec. 1231)............... 902
Report on military capabilities of Gulf Cooperation
Council members (sec. 1232)............................ 903
Sense of Congress with respect to Iran (sec. 1233)....... 903
Rule of construction (sec. 1234)......................... 903
Subtitle D--Iran Sanctions................................... 903
Short title (sec. 1241).................................. 903
Definitions (sec. 1242).................................. 904
Declaration of policy on human rights (sec. 1243)........ 904
Imposition of sanctions with respect to the energy,
shipping, and shipbuilding sectors of Iran (sec. 1244). 904
Imposition of sanctions with respect to the sale, supply,
or transfer of certain materials to or from Iran (sec.
1245).................................................. 905
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. 1246).......................... 905
Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on
behalf of specially designated nationals (sec. 1247)... 906
Inclusion of the Islamic Republic of Iran Broadcasting on
the list of human rights abusers (sec. 1248)........... 906
Imposition of sanctions with respect to persons engaged
in the diversion of goods intended for the people of
Iran (sec. 1249)....................................... 907
Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil
purchases (sec. 1250).................................. 907
Statute of limitations for civil actions regarding
terrorist acts (sec. 1251)............................. 907
Report on use of certain Iranian seaports by foreign
vessels and use of foreign airports by sanctioned
Iranian air carriers (sec. 1252)....................... 908
Implementation; penalties (sec. 1253).................... 908
Applicability to certain natural gas projects (sec. 1254) 908
Rule of construction (sec. 1255)......................... 908
Subtitle E--Satellites and Related Items..................... 909
Authority to remove satellites and related components and
technology from the United States Munitions List (secs.
1261-1267)............................................. 909
Subtitle F--Other Matters.................................... 911
Additional elements in annual report on military and
security developments involving the People's Republic
of China (sec. 1271)................................... 911
NATO Special Operations Headquarters (sec. 1272)......... 912
Sustainability requirements for certain capital projects
in connection with overseas contingency operations
(sec. 1273)............................................ 912
Administration of the American, British, Canadian, and
Australian Armies' Program (sec. 1274)................. 913
United States participation in Headquarters Eurocorps
(sec. 1275)............................................ 913
Department of Defense participation in European program
on multilateral exchange of air transportation and air
refueling services (sec. 1276)......................... 913
Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport (sec. 1277)............ 914
Sense of Congress on Iron Dome short-range rocket defense
system (sec. 1278)..................................... 914
Bilateral defense trade relationship with India (sec.
1279).................................................. 914
United States Advisory Commission on Public Diplomacy
(sec. 1280)............................................ 915
Sense of Congress on sale of aircraft to Taiwan (sec.
1281).................................................. 915
Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense
systems, and long-range conventional strike systems
(sec. 1282)............................................ 916
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. 1283).............. 916
Imposition of sanctions with respect to support for the
rebel group known as M23 (sec. 1284)................... 917
Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible
foreign countries and entities (sec. 1285)............. 917
Sense of Congress on the situation in the Senkaku Islands
(sec. 1286)............................................ 918
Subtitle G--Reports.......................................... 918
Review and reports on Department of Defense efforts to
build the capacity of and partner with foreign security
forces (sec. 1291)..................................... 918
Additional report on military and security developments
involving the Democratic People's Republic of Korea
(sec. 1292)............................................ 918
Report on host nation support for overseas United States
military installations and United States Armed Forces
deployed in country (sec. 1293)........................ 919
Report on military activities to deny or significantly
degrade the use of air power against civilian and
opposition groups in Syria (sec. 1294)................. 919
Report on military assistance provided by Russia to Syria
(sec. 1295)............................................ 919
Legislative Provisions Not Adopted........................... 919
Codification of National Guard State Partnership Program. 919
Strategy for supporting the achievement of a secure
presidential election in Afghanistan in 2014........... 920
Limitation on use of funds under the Pakistan
Counterinsurgency Fund................................. 920
United States military preparedness in the Middle East... 920
Enhancing the defense of Israel and United States
interests in the Middle East........................... 921
Plan to increase strategic regional partnerships......... 921
Definitions.............................................. 921
Report on the implementation by the Government of Bahrain
of the recommendations by the Bahrain Independent
Commission of Inquiry.................................. 921
Reports on Syria......................................... 922
Reports on exports of missile defense technology to
certain countries...................................... 922
Limitation on funds to provide the Russian Federation
with access to missile defense technology.............. 922
Limitation on assistance to provide tear gas or other
riot control items..................................... 923
Limitation on funds for United States participation in
joint military exercises with Egypt.................... 923
Limitation on funds for institutions or organizations
established by the United Nations Convention on the Law
of the Sea............................................. 923
Removal of Brigade Combat Teams from Europe.............. 923
Authority to establish program to provide assistance to
foreign civilians for harm incident to combat
operations of the Armed Forces in foreign countries.... 924
Title XIII--Cooperative Threat Reduction......................... 00
Specification of cooperative threat reduction programs
and funds (sec. 1301).................................. 00
Funding allocations (sec. 1302).......................... 00
Report on Cooperative Threat Reduction Programs in Russia
(sec. 1303)............................................ 00
Title XIV--Other Authorizations.................................. 925
Subtitle A--Military Programs................................ 925
Working capital funds (sec. 1401)........................ 925
National Defense Sealift Fund (sec. 1402)................ 925
Chemical Agents and Munitions Destruction, Defense (sec.
1403).................................................. 925
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1404)....................................... 925
Defense Inspector General (sec. 1405).................... 925
Defense Health Program (sec. 1406)....................... 926
Subtitle B--National Defense Stockpile....................... 926
Authorized uses of National Defense Stockpile funds (sec.
1411).................................................. 926
Additional security of strategic materials supply chains
(sec. 1412)............................................ 926
Release of materials needed for national defense purposes
from the Strategic and Critical Materials Stockpile
(sec. 1413)............................................ 926
Subtitle C--Chemical Demilitarization Matters................ 926
Supplemental chemical agent and munitions destruction
technologies at Pueblo Chemical Depot, Colorado, and
Blue Grass Army Depot, Kentucky (sec. 1421)............ 926
Subtitle D--Other Matters.................................... 927
Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund (sec. 1431)..... 927
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. 1432)...................... 927
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1433)............................ 927
Cemeterial expenses (sec. 1434).......................... 927
Additional Weapons of Mass Destruction Civil Support
Teams (sec. 1435)...................................... 928
Legislative Provision Not Adopted............................ 928
Policy of the United States with respect to a domestic
supply of critical and essential minerals.............. 928
Title XV--Authorization of Additional Appropriations For Overseas
Contingency Operations......................................... 928
Subtitle A--Authorization of Additional Appropriations....... 928
Purpose (sec. 1501)...................................... 928
Procurement (sec. 1502).................................. 928
Research, development, test, and evaluation (sec. 1503).. 929
Operation and maintenance (sec. 1504).................... 929
Military personnel (sec. 1505)........................... 929
Working capital funds (sec. 1506)........................ 929
Defense Health Program (sec. 1507)....................... 929
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1508)....................................... 930
Defense Inspector General (sec. 1509).................... 930
Subtitle B--Financial Matters................................ 930
Treatment as additional authorizations (sec. 1521)....... 930
Special transfer authority (sec. 1522)................... 930
Subtitle C--Limitations and Other Matters.................... 930
Afghanistan Security Forces Fund (sec. 1531)............. 930
Joint Improvised Explosive Device Defeat Fund (sec. 1532) 931
One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan (sec. 1533).................. 932
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. 1534)..... 933
Assessment of counter-improvised explosive device
training and intelligence activities of the Joint
Improvised Explosive Device Defeat Organization and
national and military intelligence Organizations (sec.
1535).................................................. 933
Legislative Provision Not Adopted............................ 934
Limitation on the use of funds in Overseas Contingency
Operations Transfer Fund................................... 934
Title XVI--Industrial Base Matters............................... 934
Legislative Provisions Adopted............................... 934
Subtitle A--Defense Industrial Base Matters.................. 934
Disestablishment of Defense Materiel Readiness Board
(sec. 1601)............................................ 934
Assessment of effects of foreign boycotts (sec. 1602).... 934
National security strategy for national technology and
industrial base (sec. 1603)............................ 934
Subtitle B--Department of Defense Activities Related to Small
Business Matters........................................... 935
Role of the directors of small business programs in
acquisition processes of the Department of Defense
(sec. 1611)............................................ 935
Small Business Ombudsman for defense audit agencies (sec.
1612).................................................. 935
Independent assessment of Federal procurement contracting
performance of the Department of Defense (sec. 1613)... 935
Additional responsibilities of Inspector General of the
Department of Defense (sec. 1614)...................... 936
Restoration of 1 percent funding for administrative
expenses of Commercialization Readiness Program of
Department of Defense (sec. 1615)...................... 936
Subtitle C--Matters Relating to Small Business Concerns...... 936
PART I--PROCUREMENT CENTER REPRESENTATIVES............... 936
Procurement center representatives (sec. 1621)....... 936
Small Business Act contracting requirements training
(sec. 1622)........................................ 936
Acquisition planning (sec. 1623)..................... 937
PART II--GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS...................................... 937
Goals for procurement contracts awarded to small
business concerns (sec. 1631)...................... 937
Reporting on goals for procurement contracts awarded
to small business concerns (sec. 1632)............. 937
Senior executives (sec. 1633)........................ 937
PART III--MENTOR-PROTEGE PROGRAMS........................ 938
Mentor-Protege programs (sec. 1641).................. 938
PART IV--TRANSPARENCY IN SUBCONTRACTING.................. 938
Limitations on subcontracting (sec. 1651)............ 938
Penalties (sec. 1652)................................ 938
Subcontracting plans (sec. 1653)..................... 938
Notices of subcontracting opportunities (sec. 1654).. 938
Publication of certain documents (sec. 1655)......... 939
PART V--SMALL BUSINESS CONCERN SIZE STANDARDS............ 939
Small business concern size standards (sec. 1661).... 939
PART VI--CONTRACT BUNDLING............................... 939
Contract bundling (sec. 1671)........................ 939
PART VII--INCREASED PENALTIES FOR FRAUD.................. 939
Safe harbor for good faith compliance efforts (sec.
1681).............................................. 939
Requirement that fraudulent businesses be suspended
or debarred (sec. 1682)............................ 940
Annual report on suspensions and debarments proposed
by Small Business Administration (sec. 1683)....... 940
PART VIII--OFFICES OF SMALL AND DISADVANTAGED BUSINESS
UNITS.................................................. 940
Offices of Small and Disadvantaged Business
Utilization (sec. 1691)............................ 940
Small Business Procurement Advisory Council (sec.
1692).............................................. 940
PART IX--OTHER MATTERS................................... 940
Surety bonds (sec. 1695)............................. 940
Conforming Amendments; Repeal of redundant
provisions; Regulations (sec. 1696)................ 940
Contracting with small business concerns owned and
controlled by women (sec. 1697).................... 941
Small Business HUBZones (sec. 1698).................. 941
National Veterans Business Development Corporation
(sec. 1699)........................................ 941
State Trade and Export Promotion Grant Program (sec.
1699a)............................................. 941
Legislative Provisions Not Adopted........................... 941
Advancing Innovation Pilot Program....................... 941
Assessment of outreach for small business concerns owned
and controlled by women and minorities required before
conversion of certain functions to contractor
performance............................................ 942
Assessment of small business programs transition......... 942
Government Accountability Office report.................. 943
Limitation on contracting................................ 943
Office of Hearings and Appeals........................... 943
Pilot program to assist in the growth and development of
advanced small business concerns....................... 943
Program to provide federal contracts to early stage small
business............................................... 944
Regulations.............................................. 944
Regulations.............................................. 944
Repeal of redundant provisions........................... 944
Technical amendments..................................... 944
Title XVII--End Trafficking in Government Contracting............ 945
Legislative Provisions Adopted............................... 945
Definitions (sec. 1701).................................. 945
Contracting requirements (sec. 1702)..................... 945
Compliance plan and certification requirement (sec. 1703) 945
Monitoring and investigation of trafficking in persons
(sec. 1704)............................................ 945
Notification to inspectors general and cooperation with
Government (sec. 1705)................................. 945
Expansion of penalties for fraud in foreign labor
contracting to include attempted fraud and work outside
the United States (sec. 1706).......................... 946
Improving Department of Defense accountability for
reporting trafficking in persons claims and violations
(sec. 1707)............................................ 946
Rule of construction; effective date (sec. 1708)......... 946
Legislative Provision Not Adopted............................ 946
Short title.............................................. 946
Title XVIII--Federal Assistance to Fire Departments.............. 946
Subtitle A--Fire Grants Reauthorization...................... 946
Short title (sec. 1801).................................. 946
Amendments to definitions (sec. 1802).................... 947
Assistance to firefighters grants (sec. 1803)............ 947
Staffing for adequate fire and emergency response (sec.
1804).................................................. 947
Sense of Congress on value and funding of Assistance to
Firefighters and Staffing for Adequate Fire and
Emergency Response programs (sec. 1805)................ 947
Report on amendments to Assistance to Firefighters and
Staffing for Adequate Fire and Emergency Response
programs (sec. 1806)................................... 947
Studies and reports on the state of fire services (sec.
1807).................................................. 947
Subtitle B--Reauthorization of United States Fire
Administration............................................. 947
Short title (sec. 1811).................................. 947
Clarification of relationship between United States Fire
Administration and Federal Emergency Management Agency
(sec. 1812)............................................ 948
Modification of authority of Administrator to educate
public about fire and fire prevention (sec. 1813)...... 948
Authorization of appropriations (sec. 1814).............. 948
Removal of limitation (sec. 1815)........................ 948
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 948
Summary and explanation of funding tables................ 948
Legislative Provisions Adopted............................... 949
Short title (sec. 2001).................................. 949
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 949
Legislative Provision Not Adopted............................ 949
Effective date........................................... 949
Title XXI--Army Military Construction............................ 949
Budget Item.................................................. 949
Summary.................................................. 949
Legislative Provisions Adopted............................... 950
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 950
Family housing (sec. 2102)............................... 950
Authorization of appropriations, Army (sec. 2103)........ 950
Modification of authority to carry out certain fiscal
year 2010 project (sec. 2104).......................... 950
Extension of authorizations of certain fiscal year 2009
projects (sec. 2105)................................... 950
Extension of authorizations of certain fiscal year 2010
projects (sec. 2106)................................... 951
Extension of limitation on obligation or expenditure of
funds for tour normalization (sec. 2107)............... 951
Limitation on project authorization to carry out certain
fiscal year 2013 project (sec. 2108)................... 951
Title XXII--Navy Military Construction........................... 951
Budget Item.................................................. 951
Summary.................................................. 951
Legislative Provisions Adopted............................... 952
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 952
Family housing (sec. 2202)............................... 952
Improvements to military family housing units (sec. 2203) 952
Authorization of appropriations, Navy (sec. 2204)........ 952
Modification of authority to carry out certain fiscal
year 2012 project (sec. 2205).......................... 953
Extension of authorizations of certain fiscal year 2009
projects (sec. 2206)................................... 953
Extension of authorizations of certain fiscal year 2010
projects (sec. 2207)................................... 953
Title XXIII--Air Force Military Construction..................... 953
Budget Item.................................................. 953
Summary.................................................. 953
Legislative Provisions Adopted............................... 954
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 954
Family housing (sec. 2302)............................... 954
Improvements to military family housing units (sec. 2303) 954
Authorization of appropriations, Air Force (sec. 2304)... 954
Extension of authorizations of certain fiscal year 2010
projects (sec. 2305)................................... 955
Title XXIV--Defense Agencies Military Construction............... 955
Budget Item.................................................. 955
Summary.................................................. 955
Legislative Provisions Adopted............................... 956
Subtitle A--Defense Agency Authorizations.................... 956
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 956
Authorized energy conservation projects (sec. 2402)...... 956
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 957
Modification of authority to carry out certain fiscal
year 2012 projects (sec. 2404)......................... 957
Extension of authorization of certain fiscal year 2010
project (sec. 2405).................................... 957
Subtitle B--Chemical Demilitarization Authorizations......... 957
Authorization of appropriations, chemical
demilitarization construction, defense-wide (sec. 2411) 957
Modification of authority to carry out certain fiscal
year 1997 project (sec. 2412).......................... 957
Legislative Provision Not Adopted............................ 958
Additional authority to carry out certain fiscal year
2013 project........................................... 958
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 958
Legislative Provisions Adopted............................... 958
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 958
Authorization of appropriations, NATO (sec. 2502)........ 958
Title XXVI--Guard and Reserve Forces Facilities.................. 958
Budget Item.................................................. 958
Summary.................................................. 958
Legislative Provisions Adopted............................... 959
Subtitle A--Project Authorizations and Authorization of
Appropriations............................................. 959
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 959
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 959
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 959
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 959
Authorized Air Force Reserve construction and land
acquisition project (sec. 2605)........................ 960
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 960
Subtitle B--Other Matters.................................... 960
Modification of authority to carry out certain fiscal
year 2010 projects (sec. 2611)......................... 960
Modification of authority to carry out certain fiscal
year 2011 projects (sec. 2612)......................... 960
Extension of authorization of certain fiscal year 2009
project (sec. 2613).................................... 961
Extension of authorization of certain fiscal year 2010
projects (sec. 2614)................................... 961
Title XXVII--Base Realignment and Closure Activities............. 961
Legislative Provisions Adopted............................... 961
Subtitle A--Authorization of Appropriations.................. 961
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account 1990 (sec. 2701).................. 961
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account 2005 (sec. 2702).................. 961
Subtitle B--Other Matters.................................... 961
Consolidation of Department of Defense base closure
accounts and authorized uses of base closure account
funds (sec. 2711)...................................... 961
Revised base closure and realignment restrictions and
Comptroller General assessment of Department of Defense
compliance with codified base closure and realignment
restrictions (sec. 2712)............................... 962
Legislative Provisions Not Adopted........................... 962
Consideration of United States military bases located
overseas in criteria used to consider and recommend
military installations for closure or realignment...... 962
Technical amendments to section 2702 of the Military
Construction Authorization Act for Fiscal Year 2012.... 962
Prohibition on conducting additional Base Realignment and
Closure (BRAC) round................................... 962
Air Armament Center, Eglin Air Force Base................ 963
Title XXVIII--Military Construction General Provisions........... 963
Legislative Provisions Adopted............................... 963
Subtitle A--Military Construction Program and Military Family
Housing Changes............................................ 963
Authorized cost and scope variations (sec. 2801)......... 963
Preparation of master plans for major military
installations (sec. 2802).............................. 964
Oversight and accountability for military housing
privatization projects and related annual reporting
requirements (sec. 2803)............................... 964
Extension of temporary, limited authority to use
operation and maintenance funds for construction
projects in certain areas outside the United States
(sec. 2804)............................................ 964
Comptroller General report on in-kind payments (sec.
2805).................................................. 965
Subtitle B--Real Property and Facilities Administration...... 965
Clarification of parties with whom Department of Defense
may conduct exchanges of real property at certain
military installations (sec. 2811)..................... 965
Identification requirements for access to military
installations (sec. 2812).............................. 965
Report on property disposals at certain closed military
installations and additional authorities to assist
local communities in the vicinity of such installations
(sec. 2813)............................................ 965
Report on reorganization of Air Force Materiel Command
organizations (sec. 2814).............................. 965
Subtitle C--Energy Security.................................. 966
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. 2821)...... 966
Availability and use of Department of Defense energy cost
savings to promote energy security (sec. 2822)......... 966
Continuation of limitation on use of funds for Leadership
in Energy and Environmental Design (LEED) gold or
platinum certification (sec. 2823)..................... 967
Guidance on financing for renewable energy projects (sec.
2824).................................................. 967
Energy savings performance contract report (sec. 2825)... 967
Subtitle D--Provisions Related to Asia-Pacific Military
Realignment................................................ 968
Certification of military readiness need for a Live Fire
Training Range Complex on Guam as condition on
establishment of range complex (sec. 2831)............. 968
Realignment of Marine Corps forces in the Asia-Pacific
region (sec. 2832)..................................... 968
Subtitle E--Land Conveyances................................. 969
Modification of authorized consideration, Broadway
Complex of the Department of the Navy, San Diego,
California (sec. 2841)................................. 969
Use of proceeds, land conveyance, Tyndall Air Force Base,
Florida (sec. 2842).................................... 971
Land conveyance, John Kunkel Army Reserve Center, Warren,
Ohio (sec. 2843)....................................... 971
Land conveyance, Castner Range, Fort Bliss, Texas (sec.
2844).................................................. 971
Modification of land conveyance, Fort Hood, Texas (sec.
2845).................................................. 971
Land conveyance, Local Training Area for Browning Army
Reserve Center, Utah (sec. 2846)....................... 971
Subtitle F--Other Matters.................................... 971
Modification of notice requirements in advance of
permanent reduction of sizable numbers of members of
the Armed Forces at military installations (sec. 2851). 971
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. 2852)........... 972
Additional exemptions from certain requirements
applicable to funding for data servers and centers
(sec. 2853)............................................ 972
Redesignation of the Center for Hemispheric Defense
Studies as the William J. Perry Center for Hemispheric
Defense Studies (sec. 2854)............................ 972
Sense of Congress regarding establishment of military
divers memorial at Washington Navy Yard (sec. 2855).... 972
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. 2856)............................................ 973
Oversight and maintenance of closed base cemeteries
overseas containing the remains of members of the Armed
Forces or citizens of the United States (sec. 2857).... 973
Report on establishment of joint Armed Forces historical
storage and preservation facility (sec. 2858).......... 973
Establishment of commemorative work to Gold Star Mothers
(sec. 2859)............................................ 973
Establishment of commemorative work to slaves and free
Black persons who served in American Revolution (sec.
2860).................................................. 974
Legislative Provisions Not Adopted........................... 974
Modification to authorized land conveyance and exchange,
Joint Base Elmendorf Richardson, Alaska................ 974
Transfer of administrative jurisdiction, Fort Lee
Military Reservation and Petersburg National
Battlefield, Virginia.................................. 974
Naming of training and support complex, Fort Bragg, North
Carolina................................................... 974
Naming of electrochemistry engineering facility, Naval
Support Activity Crane, Crane, Indiana................. 975
Massachusetts Institute of Technology--Lincoln Laboratory
improvement project.................................... 975
Clarification of authority of Secretary to assist with
development of public infrastructure in connection with
the establishment or expansion of a military
installation........................................... 975
Use of operation and maintenance funding to support
community adjustments related to realignment of
military installations and relocation of military
personnel on Guam...................................... 976
Inclusion of religious symbols as part of military
memorials.............................................. 976
Use of project labor agreements in military construction
projects and military family housing projects.......... 977
Definition of renewable energy source for Department of
Defense energy security................................ 977
Execution of the Chemistry and Metallurgy Research
Replacement nuclear facility and limitation on
alternate plutonium strategy........................... 977
Treatment of certain defense nuclear facility
construction projects as military construction......... 977
Authority to accept as consideration for leases of non-
excess property of military departments and defense
agencies real property interests and natural resource
management services related to agreements to limit
encroachment........................................... 978
Plan to protect Department of Defense critical assets
from electromagnetic pulse weapons..................... 978
Retention of core functions of the Electronic Systems
Center at Hanscom Air Force base, Massachusetts........ 979
Retention of core functions of the Air Force Materiel
Command, Wright-Patterson Air Force Base, Ohio......... 979
Retention of core functions of the Air Traffic Control
Station, Johnstown Air National Guard Base,
Pennsylvania........................................... 980
Title XXIX--Overseas Contingency Operations Military Construction 980
Legislative Provision Adopted................................ 980
Authorized Navy construction and land acquisition project
(sec. 2901)............................................ 980
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 981
Title XXXI--Department of Energy National Security Programs...... 981
Subtitle A--National Security Programs Authorizations........ 981
Overview................................................. 981
Defense environmental cleanup (sec. 3102)................ 982
Other defense activities (sec. 3103)..................... 982
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 982
Authorized personnel levels of the Office of the
Administrator (Sec. 3111).............................. 982
Budget justification materials (sec. 3112)............... 983
National Nuclear Security Administration Council (sec.
3113).................................................. 983
Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico
(sec. 3114)............................................ 983
Design and use of prototypes of nuclear weapons (sec.
3115).................................................. 984
Two-year extension of schedule for disposition of
weapons-usable plutonium at Savannah River Site, Aiken,
South Carolina (sec. 3116)............................. 984
Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to
award fees (sec. 3117)................................. 984
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.
3118).................................................. 985
Limitation on availability of funds for Center of
Excellence on Nuclear Security (sec. 3119)............. 985
Improvement and streamlining of the missions and
operations of the Department of Energy and National
Nuclear Security Administration (sec. 3120)............ 985
Cost-benefit analyses for competition of management and
operating contracts (sec. 3121)........................ 986
Program on scientific engagement for nonproliferation
(sec. 3122)............................................ 986
Cost containment for Uranium Capabilities Replacement
Project (sec. 3123).................................... 987
Subtitle C--Improvements to National Security Energy Laws.... 988
Improvements to the Atomic Energy Defense Act (sec. 3131) 988
Improvements to the National Nuclear Security
Administration Act (sec. 3132)......................... 988
Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure
(sec. 3133)............................................ 988
Repeal of certain reporting requirements (sec. 3134)..... 988
Subtitle D--Reports.......................................... 989
Reports on lifetime extension programs (sec. 3141)....... 989
Notification of nuclear criticality and non-nuclear
incidents (sec. 3142).................................. 989
Quarterly reports to Congress on financial balances for
atomic energy defense activities (sec. 3143)........... 990
National Academy of Sciences study on peer review and
design competition related to nuclear weapons (sec.
3144).................................................. 990
Report on defense nuclear nonproliferation programs (sec.
3145).................................................. 990
Study on reuse of plutonium pits (sec. 3146)............. 990
Assessment of nuclear weapon pit production requirement
(sec. 3147)............................................ 991
Study on a multiagency governance model for national
security laboratories (sec. 3148)...................... 991
Report on efficiencies in facilities and functions of the
National Nuclear Security Administration (sec. 3149)... 992
Study on regional radiological security zones (sec. 3150) 992
Report on abandoned uranium mines (sec. 3151)............ 992
Subtitle E--Other Matters.................................... 993
Use of probabilistic risk assessment to ensure nuclear
safety (sec. 3161)..................................... 993
Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs
and new nuclear facilities (sec. 3162)................. 993
Classification of certain restricted data (sec. 3163).... 994
Advice to President and Congress regarding safety,
security, and reliability of United States nuclear
weapons stockpile and nuclear forces (sec. 3164)....... 994
Pilot program on technology commercialization (sec. 3165) 995
Congressional advisory panel on the governance of the
nuclear security enterprise (sec. 3166)................ 995
Subtitle F--American Medical Isotopes Production............. 995
American Medical Isotopes Act of 2012 (secs. 3171-3178).. 995
Legislative Provisions Not Adopted........................... 996
Contractor governance, oversight, and accountability..... 996
Limitation on availability of funds for inertial
confinement fusion ignition and high yield campaign.... 997
Limitation on availability of funds for nuclear
nonproliferation activities with Russian Federation.... 999
Intellectual property related to uranium enrichment.......... 999
Renewable energy............................................. 1000
Title XXXII--Defense Nuclear Facilities Safety Board............. 1000
Legislative Provisions Adopted............................... 1000
Authorization (sec. 3201)................................ 1000
Improvements to the Defense Nuclear Facilities Safety
Board (sec. 3202)...................................... 1000
Title XXXIV--Naval Petroleum Reserves............................ 1001
Legislative Provision Adopted................................ 1001
Authorization of appropriations (sec. 3401).............. 1001
Title XXXV--Maritime Administration.............................. 1001
Legislative Provisions Adopted............................... 1001
Authorization of appropriations for national security
aspects of the merchant marine for fiscal year 2013
(sec. 3501)............................................ 1001
Application of the Federal Acquisition Regulation sec.
3502).................................................. 1001
Limitation of national defense reserve fleet vessels to
those over 1,500 gross tons (sec. 3503)................ 1001
Donation of excess fuel to maritime academies (sec. 3504) 1002
Clarification of heading (sec. 3505)..................... 1002
Transfer of vessels to the National Defense Reserve Fleet
(sec. 3506)............................................ 1002
Amendments relating to the National Defense Reserve Fleet
(sec. 3507)............................................ 1002
Extension of Maritime Security Fleet program (sec. 3508). 1002
Container-on-barge transportation (sec. 3509)............ 1003
Short sea transportation (sec. 3510)..................... 1003
Maritime environmental and technical assistance (sec.
3511).................................................. 1003
Identification of actions to enable qualified United
States flag capacity to meet national defense
requirements (sec. 3512)............................... 1003
Maritime workforce study (sec. 3513)..................... 1003
Maritime administration vessel recycling contract award
practices (sec. 3514).................................. 1004
Requirement for barge design (sec. 3515)................. 1004
Eligibility to receive surplus training equipment (sec.
3516).................................................. 1004
Coordination with other laws (sec. 3517)................. 1004
Legislative Provisions Not Adopted........................... 1005
Short title.............................................. 1005
DIVISION D--FUNDING TABLES....................................... 1005
Authorization of amounts in funding tables (sec. 4001)....... 1005
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112- 705
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
_______
December 18, 2012.--Ordered to be printed
_______
Mr. McKeon, from the Committee of Conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 4310]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4310), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2013''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.
Sec. 112. Reports on airlift requirements of the Army.
Subtitle C--Navy Programs
Sec. 121. Extension of Ford class aircraft carrier construction
authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine
program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class
aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Next-generation long-range strike bomber aircraft nuclear
certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis Ashore
programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary of
Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions in
territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into
cooperative agreements with Indian tribes for land management
associated with military installations and State-owned
National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at
military installations and briefing regarding environmental
exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.
Subtitle D--Readiness
Sec. 331. Intergovernmental support agreements with State and local
governments.
Sec. 332. Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular
component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps
Security Guard Program.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early
retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include
all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for
Regular Navy warrant officers in the grade of Chief Warrant
Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver
limitation for lieutenant colonels and colonels in the Army,
Air Force, and Marine Corps and commanders and captains in the
Navy.
Sec. 507. Modification to limitations on number of officers for whom
service-in-grade requirements may be reduced for retirement in
grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic stress
disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet mission
requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System and
terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health care
services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by certain
nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts
under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining
bid protests in annual protest report by Comptroller General
to Congress.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition programs
and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been transferred
to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program of
the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own, carry,
and otherwise use privately owned firearms, ammunition, and
other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and cruise
missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific
and technical personnel at the Defense Advanced Research
Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions
for certain Federal acquisition positions for civilian
agencies.
Sec. 1104. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1105. Policy on senior mentors.
Sec. 1106. Authority to pay for the transport of family household pets
for Federal employees during certain evacuation operations.
Sec. 1107. Interagency personnel rotations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism
forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program
pending compliance with certain program-related requirements.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on
the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security
Forces.
Sec. 1216. Extension and modification of logistical support for
coalition forces supporting certain United States military
operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1223. Report on efforts to promote the security of Afghan women and
girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement
with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military
and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1228. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Matters Relating to Iran
Sec. 1231. Report on United States capabilities in relation to China,
North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council
members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.
Subtitle D--Iran Sanctions
Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by
Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping,
and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or
transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of
underwriting services or insurance or reinsurance for
activities or persons with respect to which sanctions have
been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on behalf
of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic
of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist
acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels
and use of foreign airports by sanctioned Iranian air
carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.
Subtitle E--Satellites and Related Items
Sec. 1261. Removal of satellites and related items from the United
States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain
satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of
certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the
United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.
Subtitle F--Other Matters
Sec. 1271. Additional elements in annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in
connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and
Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on
multilateral exchange of air transportation and air refueling
services.
Sec. 1277. Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense
system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense systems,
and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph
Kony from the battlefield and end the atrocities of the Lord's
Resistance Army.
Sec. 1284. Imposition of sanctions with respect to support for the rebel
group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible foreign
countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.
Subtitle G--Reports
Sec. 1291. Review and reports on Department of Defense efforts to build
the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States
military installations and United States Armed Forces deployed
in country.
Sec. 1294. Report on military activities to deny or significantly
degrade the use of air power against civilian and opposition
groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.
Sec. 1413. Release of materials needed for national defense purposes
from the Strategic and Critical Materials Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Supplemental chemical agent and munitions destruction
technologies at Pueblo Chemical Depot, Colorado, and Blue
Grass Army Depot, Kentucky.
Subtitle D--Other Matters
Sec. 1431. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1433. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1434. Cemeterial expenses.
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding under the future-
years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training
and intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations.
TITLE XVI--INDUSTRIAL BASE MATTERS
Subtitle A--Defense Industrial Base Matters
Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and
industrial base.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Sec. 1611. Role of the directors of small business programs in
acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses
of Commercialization Readiness Program of Department of
Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business
Concerns
Sec. 1631. Goals for procurement contracts awarded to small business
concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small
business concerns.
Sec. 1633. Senior executives.
Part III--Mentor-Protege Programs
Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.
Part V--Small Business Concern Size Standards
Sec. 1661. Small business concern size standards.
Part VI--Contract Bundling
Sec. 1671. Contract bundling.
Part VII--Increased Penalties for Fraud
Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or
debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small
Business Administration.
Part VIII--Offices of Small and Disadvantaged Business Units
Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.
Part IX--Other Matters
Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions;
Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled
by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1699a. State Trade and Export Promotion Grant Program.
TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING
Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1705. Notification to inspectors general and cooperation with
Government.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting
to include attempted fraud and work outside the United States.
Sec. 1707. Improving Department of Defense accountability for reporting
trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.
TITLE XVIII--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS
Subtitle A--Fire Grants Reauthorization
Sec. 1801. Short title.
Sec. 1802. Amendments to definitions.
Sec. 1803. Assistance to firefighters grants.
Sec. 1804. Staffing for adequate fire and emergency response.
Sec. 1805. Sense of Congress on value and funding of Assistance to
Firefighters and Staffing for Adequate Fire and Emergency
Response programs.
Sec. 1806. Report on amendments to Assistance to Firefighters and
Staffing for Adequate Fire and Emergency Response programs.
Sec. 1807. Studies and reports on the state of fire services.
Subtitle B--Reauthorization of United States Fire Administration
Sec. 1811. Short title.
Sec. 1812. Clarification of relationship between United States Fire
Administration and Federal Emergency Management Agency.
Sec. 1813. Modification of authority of Administrator to educate public
about fire and fire prevention.
Sec. 1814. Authorization of appropriations.
Sec. 1815. Removal of limitation.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2107. Extension of limitation on obligation or expenditure of funds
for tour normalization.
Sec. 2108. Limitation on project authorization to carry out certain
fiscal year 2013 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2010
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2010
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2012 projects.
Sec. 2405. Extension of authorization of certain fiscal year 2010
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition project.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2010 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2613. Extension of authorization of certain fiscal year 2009
project.
Sec. 2614. Extension of authorization of certain fiscal year 2010
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Subtitle B--Other Matters
Sec. 2711. Consolidation of Department of Defense base closure accounts
and authorized uses of base closure account funds.
Sec. 2712. Revised base closure and realignment restrictions and
Comptroller General assessment of Department of Defense
compliance with codified base closure and realignment
restrictions.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authorized cost and scope variations.
Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing
privatization projects and related annual reporting
requirements.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2805. Comptroller General report on in-kind payments.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of parties with whom Department of Defense may
conduct exchanges of real property at certain military
installations.
Sec. 2812. Identification requirements for access to military
installations.
Sec. 2813. Report on property disposals at certain closed military
installations and additional authorities to assist local
communities in the vicinity of such installations.
Sec. 2814. Report on reorganization of Air Force Materiel Command
organizations.
Subtitle C--Energy Security
Sec. 2821. Congressional notification for contracts for the provision
and operation of energy production facilities authorized to be
located on real property under the jurisdiction of a military
department.
Sec. 2822. Availability and use of Department of Defense energy cost
savings to promote energy security.
Sec. 2823. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification.
Sec. 2824. Guidance on financing for renewable energy projects.
Sec. 2825. Energy savings performance contract report.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Sec. 2831. Certification of military readiness need for a Live Fire
Training Range Complex on Guam as condition on establishment
of range complex.
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.
Subtitle E--Land Conveyances
Sec. 2841. Modification of authorized consideration, Broadway Complex of
the Department of the Navy, San Diego, California.
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base,
Florida.
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren,
Ohio.
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.
Sec. 2845. Modification of land conveyance, Fort Hood, Texas.
Sec. 2846. Land conveyance, Local Training Area for Browning Army
Reserve Center, Utah.
Subtitle F--Other Matters
Sec. 2851. Modification of notice requirements in advance of permanent
reduction of sizable numbers of members of the Armed Forces at
military installations.
Sec. 2852. Acceptance of gifts and services to support military museum
programs and use of cooperative agreements with nonprofit
entities for military museum and military educational
institution programs.
Sec. 2853. Additional exemptions from certain requirements applicable to
funding for data servers and centers.
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies
as the William J. Perry Center for Hemispheric Defense
Studies.
Sec. 2855. Sense of Congress regarding establishment of military divers
memorial at Washington Navy Yard.
Sec. 2856. Limitation on availability of funds pending report regarding
acquisition of land and development of a training range
facility adjacent to the Marine Corps Air Ground Combat Center
Twentynine Palms, California.
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas
containing the remains of members of the Armed Forces or
citizens of the United States.
Sec. 2858. Report on establishment of joint Armed Forces historical
storage and preservation facility.
Sec. 2859. Establishment of commemorative work to Gold Star Mothers.
Sec. 2860. Establishment of commemorative work to slaves and free Black
persons who served in American Revolution.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition project.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Authorized personnel levels of the Office of the
Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to award
fees.
Sec. 3118. Modification and extension of authority on acceptance of
contributions for acceleration of removal or security of
fissile materials, radiological materials, and related
equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3121. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement
Project.
Subtitle C--Improvements to National Security Energy Laws
Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration
Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.
Subtitle D--Reports
Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for
atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security
laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the
National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.
Subtitle E--Other Matters
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs and new
nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons stockpile and
nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear
security enterprise.
Subtitle F--American Medical Isotopes Production
Sec. 3171. Short title.
Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2013.
Sec. 3502. Application of the Federal Acquisition Regulation.
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those
over 1,500 gross tons.
Sec. 3504. Donation of excess fuel to maritime academies.
Sec. 3505. Clarification of heading.
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3507. Amendments relating to the National Defense Reserve Fleet.
Sec. 3508. Extension of Maritime Security Fleet program.
Sec. 3509. Container-on-barge transportation.
Sec. 3510. Short sea transportation.
Sec. 3511. Maritime environmental and technical assistance.
Sec. 3512. Identification of actions to enable qualified United States
flag capacity to meet national defense requirements.
Sec. 3513. Maritime workforce study.
Sec. 3514. Maritime administration vessel recycling contract award
practices.
Sec. 3515. Requirement for barge design.
Sec. 3516. Eligibility to receive surplus training equipment.
Sec. 3517. Coordination with other laws.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.
Sec. 112. Reports on airlift requirements of the Army.
Subtitle C--Navy Programs
Sec. 121. Extension of Ford class aircraft carrier construction
authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine
program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class
aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for procurement for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified
in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH-47 HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Army may enter into one or more multiyear contracts,
beginning with the fiscal year 2013 program year, for the
procurement of airframes for CH-47F helicopters.
(b) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2013 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY.
(a) Reports.--
(1) Initial report.--Not later than March 31, 2013,
the Secretary of the Army shall submit to the
congressional defense committees a report described in
paragraph (3).
(2) Annual reports.--Not later than October 31,
2013, and each year thereafter through 2017, the
Secretary shall submit to the congressional defense
committees a report described in paragraph (3).
(3) Report described.--A report described in this
paragraph is a report on the time-sensitive or mission-
critical airlift requirements of the Army.
(b) Matters Included.--The reports submitted under
subsection (a) shall include, with respect to the fiscal year
before the fiscal year in which the report is submitted, the
following information:
(1) The total number of time-sensitive or mission-
critical airlift movements required for training,
steady-state, and contingency operations.
(2) The total number of time-sensitive or mission-
critical airlift sorties executed for training, steady-
state, and contingency operations.
(3) Of the total number of sorties listed under
paragraph (2), the number of such sorties that were
operated using each of--
(A) aircraft of the Army;
(B) aircraft of the Air Force;
(C) aircraft of contractors; and
(D) aircraft of other organizations not
described in subparagraph (A), (B), or (C).
(4) For each sortie described under subparagraph
(A), (C), or (D) of paragraph (3), an explanation for
why the Secretary did not use aircraft of the Air Force
to support the mission.
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER CONSTRUCTION
AUTHORITY.
Section 121(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2104), as amended by section 124 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1320), is amended by striking ``four fiscal years'' and
inserting ``five fiscal years''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts,
beginning with the fiscal year 2014 program year, for the
procurement of Virginia class submarines and Government-
furnished equipment associated with the Virginia class
submarine program.
(b) Authority for Advance Procurement.--The Secretary may
enter into one or more contracts, beginning in fiscal year
2013, for advance procurement associated with the vessels and
equipment for which authorization to enter into a multiyear
procurement contract is provided under subsection (a).
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2013 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(d) Limitation on Termination Liability.--A contract for
the construction of vessels or equipment entered into in
accordance with subsection (a) shall include a clause that
limits the liability of the United States to the contractor for
any termination of the contract. The maximum liability of the
United States under the clause shall be the amount appropriated
for the vessels or equipment covered by the contract.
Additionally, in the event of cancellation, the maximum
liability of the United States shall include the amount of the
unfunded cancellation ceiling in the contract.
(e) Authority to Expand Multiyear Procurement.--The
Secretary may employ incremental funding for the procurement of
Virginia class submarines and Government-furnished equipment
associated with the Virginia class submarines to be procured
during fiscal years 2013 through 2018 if the Secretary--
(1) determines that such an approach will permit
the Navy to procure an additional Virginia class
submarine in fiscal year 2014; and
(2) intends to use the funding for that purpose.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS AND ASSOCIATED SYSTEMS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts,
beginning with the fiscal year 2013 program year, for the
procurement of up to 10 Arleigh Burke class Flight IIA guided
missile destroyers, as well as the Aegis weapon systems, MK 41
vertical launching systems, and commercial broadband satellite
systems associated with such vessels.
(b) Authority for Advance Procurement.--The Secretary may
enter into one or more contracts, beginning in fiscal year
2013, for advance procurement associated with the vessels and
systems for which authorization to enter into a multiyear
procurement contract is provided under subsection (a).
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2013 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND FORD CLASS
AIRCRAFT CARRIER.
(a) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2013 for
shipbuilding and conversion for the second Ford class aircraft
carrier, not more than 50 percent may be obligated or expended
until the Secretary of the Navy submits to the congressional
defense committees a report setting forth a description of the
program management and cost control measures that will be
employed in constructing the second Ford class aircraft
carrier.
(b) Elements.--The report described in subsection (a) shall
include a plan with respect to the Ford class aircraft carriers
to--
(1) maximize planned work in shops and early stages
of construction;
(2) sequence construction of structural units to
maximize the effects of lessons learned;
(3) incorporate design changes to improve
producibility for the Ford class aircraft carriers;
(4) increase the size of erection units to
eliminate disruptive unit breaks and improve unit
alignment and fairness;
(5) increase outfitting levels for assembled units
before erection in the dry dock;
(6) increase overall ship completion levels at each
key construction event;
(7) improve facilities in a manner that will lead
to improved productivity; and
(8) ensure the shipbuilder initiates plans that
will improve productivity through capital improvements
that would provide targeted return on investment,
including--
(A) increasing the amount of temporary and
permanent covered work areas;
(B) adding ramps and service towers for
improved access to work sites and the dry dock;
and
(C) increasing lift capacity to enable
construction of larger, more fully outfitted
super-lifts.
SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. ABRAHAM LINCOLN.
(a) Amount Authorized From SCN Account.--Of the funds
authorized to be appropriated for fiscal year 2013 by section
101 and available for shipbuilding and conversion as specified
in the funding table in section 4101, $1,517,292,000 is
authorized to be available for the commencement of the nuclear
refueling and complex overhaul of the U.S.S. Abraham Lincoln
(CVN-72) during fiscal year 2013. The amount authorized to be
made available in the preceding sentence is the first increment
in the two-year sequence of incremental funding planned for the
nuclear refueling and complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy may
enter into a contract during fiscal year 2013 for the nuclear
refueling and complex overhaul of the U.S.S. Abraham Lincoln.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2013 is subject to
the availability of appropriations for that purpose for that
later fiscal year.
SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL COMBAT SHIP AS
A MAJOR DEFENSE ACQUISITION PROGRAM.
(a) Designation Required.--The Secretary of Defense shall--
(1) designate the effort to develop and produce all
variants of the mission modules in support of the
Littoral Combat Ship program as a major defense
acquisition program under section 2430 of title 10,
United States Code; and
(2) with respect to the development and production
of each such variant, submit to the congressional
defense committees a report setting forth such cost,
schedule, and performance information as would be
provided if such effort were a major defense
acquisition program, including Selected Acquisition
Reports, unit cost reports, and program baselines.
(b) Additional Quarterly Reports.--The Secretary shall
submit to the congressional defense committees on a quarterly
basis a report on the development and production of each
variant of the mission modules in support of the Littoral
Combat Ship, including cost, schedule, and performance, and
identifying actual and potential problems with such development
or production and potential mitigation plans to address such
problems.
SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS.
Not later than December 31, 2013, the Secretary of the Navy
shall submit to the congressional defense committees a report
on the designs of the Littoral Combat Ship, including
comparative cost and performance information for both designs
of such ship.
SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT SHIP PROGRAM.
(a) Acceptance of LCS-1 and LCS-2.--The Comptroller General
of the United States shall conduct a review of the compliance
of the Secretary of the Navy with subpart 246.5 of title 48 of
the Code of Federal Regulations and subpart 46.5 of the Federal
Acquisition Regulation in accepting the LCS-1 and LCS-2
Littoral Combat Ships.
(b) Operational Support.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to the congressional defense committees a report
on the operational support and sustainment strategy for the
Littoral Combat Ship program, including manning, training,
maintenance, and logistics support.
(c) Cooperation.--For purposes of conducting the review
under subsection (a) and the report under subsection (b), the
Secretary of Defense shall ensure that the Comptroller General
has access to--
(1) all relevant records of the Department; and
(2) all relevant communications between Department
officials, whether such communications occurred inside
or outside the Federal Government.
SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING IN EARLY
STAGES OF SHIPBUILDING.
It is the sense of Congress that--
(1) placing a priority on engineering dollars in
the early stages of shipbuilding programs is a vital
component of keeping cost down; and
(2) therefore, the Secretary of the Navy should
take appropriate steps to prioritize early engineering
in large ship construction including amphibious class
ships beginning with the LHA-8.
SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC SUBMARINES.
It is the sense of Congress that--
(1) the continuous at-sea deterrence provided by a
robust and modern fleet of nuclear-powered ballistic
missile submarines is critical to maintaining nuclear
deterrence and assurance and therefore is a central
pillar of the national security of the United States;
(2) the Navy should--
(A) carry out a program to replace the Ohio
class ballistic missile submarines;
(B) ensure that the first such replacement
submarine is delivered and fully operational by
not later than 2031 in order to maintain
continuous at-sea deterrence; and
(C) develop a risk mitigation plan to
ensure that robust continuous at-sea deterrence
is provided during the transition from Ohio
class ballistic missile submarines to the
replacement submarines; and
(3) a minimum of 12 replacement ballistic missile
submarines are necessary to provide continuous at-sea
deterrence over the lifetime of such submarines and,
therefore, the Navy should carry out a program to
produce 12 such submarines.
SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT AND
PRESENCE REQUIREMENTS.
(a) Findings.--Congress finds the following:
(1) The Marine Corps is a combat force that
leverages maneuver from the sea as a force multiplier
allowing for a variety of operational tasks ranging
from major combat operations to humanitarian
assistance.
(2) The Marine Corps is unique in that, while
embarked upon naval vessels, they bring all the
logistic support necessary for the full range of
military operations and, operating ``from the sea'',
they require no third-party host nation permission to
conduct military operations.
(3) The Navy has a requirement for 38 amphibious
assault ships to meet this full range of military
operations.
(4) Due only to fiscal constraints, that
requirement of 38 vessels was reduced to 33 vessels,
which adds military risk to future operations.
(5) The Navy has been unable to meet even the
minimal requirement of 30 operationally available
vessels and has submitted a shipbuilding and ship
retirement plan to Congress that will reduce the force
to 28 vessels.
(6) Experience has shown that early engineering and
design of naval vessels has significantly reduced the
acquisition costs and life-cycle costs of those
vessels.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should carefully
evaluate the maritime force structure necessary to
execute demand for forces by the commanders of the
combatant commands;
(2) the Navy should carefully evaluate amphibious
lift capabilities to meet current and projected
requirements;
(3) the Navy should consider prioritization of
investment in and procurement of the next generation of
amphibious assault ships as a component of the balanced
battle force;
(4) the next generation amphibious assault ships
should maintain survivability protection;
(5) operation and maintenance requirements
analysis, as well as the potential to leverage a common
hull form design, should be considered to reduce total
ownership cost and acquisition cost; and
(6) maintaining a robust amphibious ship building
industrial base is vital for the future of the national
security of the United States.
SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY FISCAL YEAR
2014 BUDGET REQUEST FOR TACTICAL AVIATION AIRCRAFT.
It is the sense of the Senate that, if the budget request
of the Department of the Navy for fiscal year 2014 for F-18
aircraft includes a request for funds for more than 13 new F-18
aircraft, the budget request of the Department of the Navy for
fiscal year 2014 for F-35 aircraft should include a request for
funds for not fewer than six F-35B aircraft and four F-35C
aircraft, presuming that development, testing, and production
of the F-35 aircraft are proceeding according to current plans.
Subtitle D--Air Force Programs
SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED TO BE MAINTAINED IN
STRATEGIC AIRLIFT AIRCRAFT INVENTORY.
(a) Reduction in Inventory Requirement.--Section 8062(g)(1)
of title 10, United States Code, is amended by adding at the
end the following new sentence: ``Effective on the date that is
45 days after the date on which the report under section
141(c)(3) of the National Defense Authorization Act for Fiscal
Year 2013 is submitted to the congressional defense committees,
the Secretary shall maintain a total aircraft inventory of
strategic airlift aircraft of not less than 275 aircraft.''.
(b) Modification of Certification Requirement.--Section
137(d)(3)(B) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2221) is amended
by striking ``316 strategic airlift aircraft'' and inserting
``275 strategic airlift aircraft''.
(c) Mobility Requirements and Capabilities Study 2018.--
(1) In general.--The Director of Cost Assessment
and Program Evaluation and the Chairman of the Joint
Chiefs of Staff, in coordination with the Commander of
the United States Transportation Command and the
Secretaries of the military departments, shall jointly
conduct a study that assesses the end-to-end, full-
spectrum mobility requirements for all aspects of the
National Military Strategy derived from the National
Defense Strategy that is a result of the 2012 Defense
Strategic Guidance published by the President in
February 2012 and other planning documents of the
Department of Defense.
(2) Matters included.--The study under paragraph
(1) shall include the following:
(A) A definition of what combinations of
air mobility, sealift, surface movements,
prepositioning, forward stationing, seabasing,
engineering, and infrastructure requirements
and capabilities provide low, moderate,
significant and high levels of operational risk
to meet the National Military Strategy.
(B) A description and analysis of the
assumptions made by the Commander of the United
States Transportation Command with respect to
aircraft usage rates, aircraft mission
availability rates, aircraft mission capability
rates, aircrew ratios, aircrew production, and
aircrew readiness rates.
(C) An analysis of different combinations
of air mobility, sealift, surface movements,
prepositioning, forward stationing, seabasing,
engineering, and infrastructure requirements
and capabilities required to support theater
and tactical deployment and distribution,
including--
(i) the identification,
quantification, and description of the
associated operational risk (as defined
by the Military Risk Matrix in the
Chairman of the Joint Chiefs of Staff
Instruction 3401.01E) for each
excursion as it relates to the
combatant commander achieving strategic
and operational objectives; and
(ii) any assumptions made with
respect to the availability of
commercial airlift and sealift
capabilities and resources when
applicable.
(D) A consideration of metrics developed
during the most recent operational availability
assessment and joint forcible entry operations
assessment.
(E) An assessment of requirements and
capabilities for major combat operations,
lesser contingency operations as specified in
the Baseline Security Posture of the Department
of Defense, homeland defense, defense support
to civilian authorities, other strategic
missions related to national missions, global
strike, the strategic nuclear mission, and
direct support and time-sensitive airlift
missions of the military departments.
(F) An examination, including a discussion
of the sensitivity of any related conclusions
and assumptions, of the variations regarding
alternative modes (land, air, and sea) and
sources (military, civilian, and foreign) of
strategic and theater lift, and variations in
forward basing, seabasing, prepositioning
(afloat and ashore), air-refueling capability,
advanced logistics concepts, and destination
theater austerity, based on the new global
footprint and global presence initiatives.
(G) An identification of mobility
capability gaps, shortfalls, overlaps, or
excesses, including--
(i) an assessment of associated
risks with respect to the ability to
conduct operations; and
(ii) recommended mitigation
strategies where possible.
(H) An identification of mobility
capability alternatives that mitigate the
potential impacts on the logistic system,
including--
(i) a consideration of traditional,
non-traditional, irregular,
catastrophic, and disruptive
challenges; and
(ii) a description of how derived
mobility requirements and capabilities
support the accepted balance of risk in
addressing all five categories of such
challenges.
(I) The articulation of all key assumptions
made in conducting the study with respect to--
(i) risk;
(ii) programmed forces and
infrastructure;
(iii) readiness, manning, and
spares;
(iv) scenario guidance from defense
planning scenarios and multi-service
force deployments;
(v) concurrency of major
operations;
(vi) integrated global presence and
basing strategy;
(vii) host nation or third-country
support;
(viii) use of weapons of mass
destruction by an enemy; and
(ix) aircraft being used for
training or undergoing depot
maintenance or modernization.
(J) A description of the logistics concept
of operations and assumptions, including any
support concepts, methods, combat support
forces, and combat service support forces that
are required to enable the projection and
enduring support to forces both deployed and in
combat for each analytic scenario.
(K) An assessment, and incorporation as
necessary, of the findings, conclusions,
capability gaps, and shortfalls derived from
the study under section 112(d) of the National
Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1318).
(3) Submission.--The Director of Cost Assessment
and Program Evaluation and the Chairman of the Joint
Chiefs of Staff shall jointly submit to the
congressional defense committees a report containing
the study under paragraph (1).
(4) Form.--The report required by paragraph (3)
shall be submitted in unclassified form, but may
include a classified annex.
(d) Preservation of Certain Retired C-5 Aircraft.--The
Secretary of the Air Force shall preserve each C-5 aircraft
that is retired by the Secretary during a period in which the
total inventory of strategic airlift aircraft of the Secretary
is less than 301, such that the retired aircraft--
(1) is stored in flyable condition;
(2) can be returned to service; and
(3) is not used to supply parts to other aircraft
unless specifically authorized by the Secretary of
Defense upon a request by the Secretary of the Air
Force.
(e) Definitions.--In this section:
(1) The term ``mobility'' means the--
(A) deployment, sustainment, and
redeployment of the personnel and equipment
needed to execute the National Defense Strategy
to air and seaports of embarkation,
intertheater deployment to air and seaports of
debarkation, and intratheater deployment to
tactical assembly areas; and
(B) the employment of aerial refueling
assets and intratheater movement and
infrastructure in support of deployment and
sustainment of combat forces.
(2) The term ``National Military Strategy'' means
the National Military Strategy prescribed by the
Chairman of the Joint Chiefs of Staff under section 153
of title 10, United States Code.
SEC. 142. RETIREMENT OF B-1 BOMBER AIRCRAFT.
(a) In General.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) Beginning October 1, 2011, the Secretary of the
Air Force may not retire more than six B-1 aircraft.
``(2) The Secretary shall maintain in a common capability
configuration not less than 36 B-1 aircraft as combat-coded
aircraft.
``(3) In this subsection, the term `combat-coded aircraft'
means aircraft assigned to meet the primary aircraft
authorization to a unit for the performance of its wartime
mission.''.
(b) Conforming Amendment.--Section 132 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1320) is amended by striking subsection (c).
SEC. 143. AVIONICS SYSTEMS FOR C-130 AIRCRAFT.
(a) Limitations.--
(1) Avionics modernization program.--The Secretary
of the Air Force may not take any action to cancel or
modify the avionics modernization program for C-130
aircraft until a period of 90 days has elapsed after
the date on which the Secretary submits to the
congressional defense committees the cost-benefit
analysis conducted under subsection (b)(1).
(2) CNS/ATM program.--
(A) In general.--The Secretary may not take
any action described in subparagraph (B) until
a period of 90 days has elapsed after the date
on which the Secretary submits to the
congressional defense committees the cost-
benefit analysis conducted under subsection
(b)(1).
(B) Covered actions.--An action described
in this subparagraph is an action to begin an
alternative communication, navigation,
surveillance, and air traffic management
program for C-130 aircraft that is designed or
intended--
(i) to meet international
communication, navigation,
surveillance, and air traffic
management standards for the fleet of
C-130 aircraft; or
(ii) to replace the current
avionics modernization program for the
C-130 aircraft.
(b) Cost-Benefit Analysis.--
(1) FFRDC.--The Secretary shall seek to enter into
an agreement with the Institute for Defense Analyses to
conduct an independent cost-benefit analysis that
compares the following alternatives:
(A) Upgrading and modernizing the legacy C-
130 airlift fleet using the C-130 avionics
modernization program.
(B) Upgrading and modernizing the legacy C-
130 airlift fleet using a reduced scope program
for avionics and mission planning systems.
(2) Matters included.--The cost-benefit analysis
conducted under paragraph (1) shall take into account--
(A) the effect of life-cycle costs for--
(i) adopting each of the
alternatives described in subparagraphs
(A) and (B) of paragraph (1); and
(ii) supporting C-130 aircraft that
are not upgraded or modernized; and
(B) the costs associated with the potential
upgrades to avionics and mission systems that
may be required for legacy C-130 aircraft to
remain relevant and mission effective in the
future.
SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F-22A RAPTOR AIRCRAFT
AS MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense shall treat the
programs referred to in subsection (b) for the F-22A Raptor
aircraft as a major defense acquisition program for which
Selected Acquisition Reports shall be submitted to Congress in
accordance with the requirements of section 2432 of title 10,
United States Code.
(b) Covered Programs.--The programs referred to in this
subsection for the F-22A Raptor aircraft are the modernization
Increment 3.2B and any future F-22A Raptor aircraft
modernization program that would otherwise, if a standalone
program, qualify for treatment as a major defense acquisition
program for purposes of chapter 144 of title 10, United States
Code.
(c) Other Reports.--Not later than March 1 of each year,
the Secretary of the Air Force shall submit to the
congressional defense committees a report on the costs,
schedules, and performances of the reliability and
maintainability maturation program and the structural repair
program of the F-22A Raptor modernization program, including a
comparison of such costs, schedules, and performances to an
appropriate baseline.
Subtitle E--Joint and Multiservice Matters
SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 JOINT AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts,
beginning with the fiscal year 2013 program year, for the
procurement of V-22 aircraft for the Department of the Navy,
the Department of the Air Force, and the United States Special
Operations Command.
(b) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2013 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SATELLITES.
(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may
procure two space-based infrared systems satellites by
entering into a fixed-price contract. Such procurement
may also include--
(A) material and equipment in economic
order quantities when cost savings are
achievable; and
(B) cost-reduction initiatives.
(2) Use of incremental funding.--With respect to a
contract entered into under paragraph (1) for the
procurement of space-based infrared systems satellites,
the Secretary may use incremental funding for a period
not to exceed six fiscal years.
(3) Liability.--A contract entered into under
paragraph (1) shall provide that any obligation of the
United States to make a payment under the contract is
subject to the availability of appropriations for that
purpose, and that the total liability to the Government
for termination of any contract entered into shall be
limited to the total amount of funding obligated at the
time of termination.
(b) Limitation of Costs.--
(1) Limitation.--Except as provided by subsection
(c), and excluding amounts described in paragraph (2),
the total amount obligated or expended for the
procurement of two space-based infrared systems
satellites authorized by subsection (a) may not exceed
$3,900,000,000.
(2) Exclusion.--The amounts described in this
paragraph are amounts associated with the following:
(A) Plans.
(B) Technical data packages.
(C) Post delivery and program support
costs.
(D) Technical support for obsolescence
studies.
(c) Waiver and Adjustment to Limitation Amount.--
(1) Waiver.--In accordance with paragraph (2), the
Secretary may waive the limitation in subsection (b)(1)
if the Secretary submits to the congressional defense
committees and the Permanent Select Committee on
Intelligence of the House of Representatives written
notification of the adjustment made to the amount set
forth in such subsection.
(2) Adjustment.--Upon waiving the limitation under
paragraph (1), the Secretary may adjust the amount set
forth in subsection (b)(1) by the following:
(A) The amounts of increases or decreases
in costs attributable to economic inflation
after September 30, 2012.
(B) The amounts of increases or decreases
in costs attributable to compliance with
changes in Federal, State, or local laws
enacted after September 30, 2012.
(C) The amounts of increases or decreases
in costs of the satellites that are
attributable to insertion of new technology
into a space-based infrared system, as compared
to the technology built into such a system
procured prior to fiscal year 2013, if the
Secretary determines, and certifies to the
congressional defense committees, that
insertion of the new technology is--
(i) expected to decrease the life-
cycle cost of the system; or
(ii) required to meet an emerging
threat that poses grave harm to
national security.
(d) Report.--Not later than 30 days after the date on which
the Secretary awards a contract under subsection (a), the
Secretary shall submit to the congressional defense committees
and the Permanent Select Committee on Intelligence of the House
of Representatives a report on such contract, including the
following:
(1) The total cost savings resulting from the
authority provided by subsection (a).
(2) The type and duration of the contract awarded.
(3) The total contract value.
(4) The funding profile by year.
(5) The terms of the contract regarding the
treatment of changes by the Federal Government to the
requirements of the contract, including how any such
changes may affect the success of the contract.
(6) A plan for using cost savings described in
paragraph (1) to improve the capability of overhead
persistent infrared, including a description of--
(A) the available funds, by year, resulting
from such cost savings;
(B) the specific activities or subprograms
to be funded by such cost savings and the
funds, by year, allocated to each such activity
or subprogram;
(C) the objectives for each such activity
or subprogram and the criteria used by the
Secretary to determine which such activity or
subprogram to fund;
(D) the method in which such activities or
subprograms will be awarded, including whether
it will be on a competitive basis; and
(E) the process for determining how and
when such activities and subprograms would
transition to an existing program or be
established as a new program of record.
(e) Use of Funds Available for Space Vehicle Numbers 5 and
6.--The Secretary may obligate and expend amounts authorized to
be appropriated for fiscal year 2013 by section 101 for
procurement, Air Force, as specified in the funding table in
section 4101 and available for the advanced procurement of
long-lead parts and the replacement of obsolete parts for
space-based infrared system satellite space vehicle numbers 5
and 6.
(f) Sense of Congress.--It is the sense of Congress that
the Secretary should not enter into a fixed-price contract
under subsection (a) for the procurement of two space-based
infrared system satellites unless the Secretary determines that
entering into such a contract will save the Air Force
substantial savings, as required under section 2306b of title
10, United States Code, over the cost of procuring two such
satellites separately.
SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED EXPENDABLE
LAUNCH VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the Air Force for the evolved expendable launch vehicle
program, 10 percent may not be obligated or expended until the
date on which the Secretary of the Air Force submits to the
appropriate congressional committees--
(1) a report describing the acquisition strategy
for such program; and
(2) written certification that such strategy--
(A) maintains assured access to space;
(B) achieves substantial cost savings; and
(C) provides opportunities for competition.
(b) Matters Included.--The report under subsection (a)(1)
shall include the following information:
(1) The anticipated savings to be realized under
the acquisition strategy for the evolved expendable
launch vehicle program.
(2) The number of launch vehicle booster cores
covered by the planned contract for such program.
(3) The number of years covered by such contract.
(4) An assessment of when new entrants that have
submitted a statement of intent will be certified to
compete for evolved expendable launch vehicle-class
launches.
(5) The projected launch manifest, including
possible opportunities for certified new entrants to
compete for evolved expendable launch vehicle-class
launches.
(6) Any other relevant analysis used to inform the
acquisition strategy for such program.
(c) Comptroller General.--
(1) Review.--The Comptroller General of the United
States shall review the report under subsection (a)(1).
(2) Submittal.--Not later than 30 days after the
date on which the report under subsection (a)(1) is
submitted to the appropriate congressional committees,
the Comptroller General shall--
(A) submit to such committees a report on
the review under paragraph (1); or
(B) provide to such committees a briefing
on such review.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RQ-4
GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2013 for the Department of Defense may be obligated or
expended to retire, prepare to retire, or place in storage an
RQ-4 Block 30 Global Hawk unmanned aircraft system.
(b) Maintained Levels.--During the period preceding
December 31, 2014, in supporting the operational requirements
of the combatant commands, the Secretary of the Air Force shall
maintain the operational capability of each RQ-4 Block 30
Global Hawk unmanned aircraft system belonging to the Air Force
or delivered to the Air Force during such period.
SEC. 155. REQUIREMENT TO SET F-35 AIRCRAFT INITIAL OPERATIONAL
CAPABILITY DATES.
(a) F-35A.--Not later than June 1, 2013, the Secretary of
the Air Force shall--
(1) establish the initial operational capability
date for the F-35A aircraft; and
(2) submit to the congressional defense committees
a report on the details of such initial operational
capability.
(b) F-35B and F-35C.--Not later than June 1, 2013, the
Secretary of the Navy shall--
(1) establish the initial operational capability
dates for the F-35B and F-35C aircraft; and
(2) submit to the congressional defense committees
a report on the details of such initial operational
capabilities for both variants.
SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.
(a) Initial Report.--Not later than 90 days after the date
of the enactment of this Act, the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict, in
coordination with the Commander of the United States Special
Operations Command, shall submit to the congressional defense
committees a report setting forth the following:
(1) A description of all efforts under the Shallow
Water Combat Submersible program and the United States
Special Operations Command to improve the accuracy of
the tracking of the schedule and costs of the program.
(2) The revised timeline for the initial and full
operational capability of the Shallow Water Combat
Submersible, including details outlining and justifying
the revised baseline to the program.
(3) Current cost estimates to meet the basis of
issue requirement under the program.
(4) An assessment of existing program risk through
the completion of operational testing.
(b) Subsequent Reports.--
(1) Quarterly reports required.--The Assistant
Secretary, in coordination with the Commander of the
United States Special Operations Command, shall submit
to the congressional defense committees on a quarterly
basis updates on the schedule and cost performance of
the contractor of the Shallow Water Combat Submersible
program, including metrics from the earned value
management system.
(2) Sunset.--The requirement in paragraph (1) shall
cease on the date the Shallow Water Combat Submersible
has completed operational testing and has been found to
be operationally effective and operationally suitable.
SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE AIRCRAFT AND UNMANNED AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
(a) Requirement.--The Secretary of Defense shall take such
steps as necessary to ensure that (except as specified in
subsection (c)) all covered aircraft of the Army, Navy, Marine
Corps, and Air Force are equipped and configured so that--
(1) the data link used by those vehicles is the
Department of Defense standard tactical manned
intelligence, surveillance, and reconnaissance aircraft
and unmanned aerial vehicle data link known as the
Common Data Link or a data link that uses waveform
capable of transmitting and receiving Internet Protocol
communications; and
(2) with respect to unmanned aerial vehicles, such
vehicles use data formats consistent with the
architectural standard known as STANAG 4586 that was
developed to facilitate multinational interoperability
among NATO member nations.
(b) Solicitations.--The Secretary of Defense shall ensure
that any solicitation issued for a Common Data Link described
in subsection (a), regardless of whether the solicitation is
issued by a military department or a contractor with respect to
a subcontract--
(1) conforms to a Department of Defense
specification standard, including interfaces and
waveforms, existing as of the date of the solicitation;
and
(2) does not include any proprietary or
undocumented waveforms or control interfaces or data
interfaces as a requirement or criterion for
evaluation.
(c) Waiver.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics may waive the
applicability of this section to any covered aircraft if the
Under Secretary determines, and certifies to the congressional
defense committees, that--
(1) it would be technologically infeasible or
economically unacceptable to apply this section to such
aircraft; or
(2) such aircraft is under a special access program
that is not considered a major defense acquisition
program.
(d) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means--
(1) tactical manned intelligence, surveillance, and
reconnaissance aircraft; and
(2) unmanned aerial vehicles.
(e) Conforming Repeal.--Section 141 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3163) is repealed.
SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AMMUNITION
CAPABILITIES.
(a) Study.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall enter into a contract with a federally
funded research and development center to conduct a
study on the requirements analysis and determination
processes and capabilities of the Department of Defense
with respect to small arms and small-caliber ammunition
that carries out each of the following:
(A) A comparative evaluation of the current
military small arms in use by the Armed Forces,
including general purpose and special
operations forces, and select military
equivalent commercial candidates not
necessarily in use militarily but currently
available.
(B) A comparative evaluation of the
standard small-caliber ammunition of the
Department with other small-caliber ammunition
alternatives.
(C) An assessment of the current plans of
the Department to modernize the small arms and
small-caliber ammunition capabilities of the
Department.
(D) An assessment of the requirements
analysis and determination processes of the
Department for small arms and small-caliber
ammunition.
(2) Factors to consider.--The study required under
paragraph (1) shall take into consideration the
following factors:
(A) Current and future operating
environments, as specified or referred to in
strategic guidance and planning documents of
the Department.
(B) Capability gaps identified in small
arms and small-caliber ammunition capabilities
based assessments of the Department.
(C) Actions taken by the Secretary to
address capability gaps identified in any such
capabilities based assessments.
(D) Findings from studies of the Department
of Defense Small Arms and Small-Caliber
Ammunition defense support team and actions
taken by the Secretary in response to such
findings.
(E) Findings from the assessment required
by section 143 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 10 U.S.C. 2304 note) and
actions taken by the Secretary in response to
such findings.
(F) Modifications and improvements recently
applied to small arms and small-caliber
ammunition of the Armed Forces, including
general purpose and special operations forces,
as well as the potential for continued
modification and improvement.
(G) Impacts to the small arms production
industrial base and small-caliber ammunition
industrial base, if any, associated with
changes from current U.S. or NATO standard
caliber weapons or ammunition sizes.
(H) Total life cycle costs of each small
arms system and small-caliber ammunition,
including incremental increases in cost for
industrial facilitization or small arms and
ammunition procurement, if any, associated with
changes described in subparagraph (G).
(I) Any other factor the federally funded
research and development center considers
appropriate.
(3) Access to information.--The Secretary shall
ensure that the federally funded research and
development center conducting the study under paragraph
(1) has access to all necessary data, records,
analyses, personnel, and other resources necessary to
complete the study.
(b) Report.--
(1) In general.--Not later than September 30, 2013,
the Secretary shall submit to the congressional defense
committees a report containing the results of the study
conducted under subsection (a)(1), together with the
comments of the Secretary on the findings contained in
the study.
(2) Classified annex.--The report shall be in
unclassified form, but may contain a classified annex.
(c) Small Arms Defined.--In this section, the term ``small
arms'' means weapons assigned to and operated by an individual
member of the Armed Forces, including handguns, rifles and
carbines (including sniper and designated marksman weapons),
sub-machine guns, and light-machine guns.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Next-generation long-range strike bomber aircraft nuclear
certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis Ashore
programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary of
Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions in
territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Department of Defense for
research, development, test, and evaluation as specified in the
funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT NUCLEAR
CERTIFICATION REQUIREMENT.
The Secretary of the Air Force shall ensure that the next-
generation long-range strike bomber is--
(1) capable of carrying strategic nuclear weapons
as of the date on which such aircraft achieves initial
operating capability; and
(2) certified to use such weapons by not later than
two years after such date.
SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED
CARRIER-LAUNCHED SURVEILLANCE AND STRIKE SYSTEM
PROGRAM.
(a) Extension of Limitation.--Subsection (a) of section 213
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1330) is amended by inserting
``or fiscal year 2013'' after ``fiscal year 2012''.
(b) Technology Development Phase.--Such section is further
amended by adding at the end the following new subsection:
``(d) Technology Development and Preliminary Design
Phases.--
``(1) Contractors.--In accordance with paragraph
(2), the Secretary of the Navy may not reduce the
number of prime contractors working on the Unmanned
Carrier-launched Surveillance and Strike system program
to one prime contractor for the technology development
phase of such program prior to the program achieving
the preliminary design review milestone.
``(2) Preliminary design review.--After the date on
which the Unmanned Carrier-launched Surveillance and
Strike system program achieves the preliminary design
review milestone, the Secretary may not reduce the
number of prime contractors working on the program to
one prime contractor until--
``(A) the preliminary design reviews of the
program are completed;
``(B) the Under Secretary of Defense for
Acquisition, Technology, and Logistics assesses
the completeness of the preliminary design
reviews of the program for each participating
prime contractor;
``(C) the Under Secretary submits to the
congressional defense committees a report that
includes--
``(i) a summary of the assessment
of the preliminary design reviews of
the program conducted under
subparagraph (B); and
``(ii) a certification that each
preliminary design review of the
program was complete and was not
abbreviated when compared to
preliminary design reviews conducted
for other major defense acquisition
programs consistent with the policies
specified in Department of Defense
Instruction 5000.02; and
``(D) a period of 30 days has elapsed
following the date on which the Under Secretary
submits the report under subparagraph (C).''.
(c) Technical Amendment.--Such section is further amended
by striking ``Future Unmanned Carrier-based Strike System''
each place it appears and inserting ``Unmanned Carrier-launched
Surveillance and Strike system''.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A
ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-PURPOSE
VERTICAL TAKEOFF AND LANDING UNMANNED AIRCRAFT
SYSTEM.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2013 for research, development, test, and evaluation,
Army, may be obligated or expended for Milestone A activities
with respect to a medium-range multi-purpose vertical take-off
and landing unmanned aircraft system until--
(1) the Chairman of the Joint Requirements
Oversight Council certifies in writing to the
appropriate congressional committees that the Joint
Requirements Oversight Council determines that--
(A) such system is required to meet a
required capability or requirement validated by
the Council; and
(B) as of the date of the certification, an
unmanned aircraft system in the operational
inventory of a military department that was
selected using competitive procedures cannot
meet such capability or be modified to meet
such capability in a more cost effective way;
and
(C) the acquisition strategy for such a
capability includes competitive procedures as a
requirement; and
(2) a period of 30 days has elapsed following the
date on which the Chairman submits the certification
under paragraph (1).
(b) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate.
(2) The term ``competitive procedures'' has the
meaning given that term in section 2302(2) of title 10,
United States Code.
(3) The term ``Milestone A activities'' means, with
respect to an acquisition program of the Department of
Defense--
(A) the distribution of request for
proposals;
(B) the selection of technology
demonstration contractors; and
(C) technology development.
SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE PROGRAM.
(a) Competitive Procedures.--Except as provided by
subsection (b), the Secretary of Defense shall ensure that any
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2013 for activities of the
conventional prompt global strike program are obligated or
expended using competitive solicitation procedures to involve
industry as well as government partners to the extent feasible.
(b) Waiver.--The Secretary may waive the requirement to use
competitive solicitation procedures under subsection (a) if--
(1) the Secretary--
(A) determines that using such procedures
is not feasible; and
(B) notifies the congressional defense
committees of such determination; and
(2) a period of 5 days elapses after the date on
which the Secretary makes such notification under
paragraph (1)(B).
SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICROELECTRONICS
ACTIVITY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2013 for research,
development, test, and evaluation for the Next Generation
Foundry for the Defense Microelectronics Activity (PE #603720S)
may be obligated or expended for that purpose until a period of
60 days has elapsed following the date on which the Assistant
Secretary of Defense for Research and Engineering--
(1) develops a microelectronics strategy as
described in the Senate report to accompany S. 1253 of
the 112th Congress (S. Rept. 112-26) and an estimate of
the full life-cycle costs for the upgrade of the Next
Generation Foundry;
(2) develops an assessment regarding the
manufacturing capability of the United States to
produce three-dimensional integrated circuits to serve
national defense interests; and
(3) submits to the congressional defense committees
the strategy and cost estimate required by paragraph
(1) and the assessment required by paragraph (2).
SEC. 216. ADVANCED ROTORCRAFT INITIATIVE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, in consultation
with the military departments and the Defense Advanced Research
Projects Agency, submit to the congressional defense committees
a report setting forth a strategy for the use of integrated
platform design teams and agile prototyping approaches for the
development of advanced rotorcraft capabilities.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) Mechanisms for establishing agile prototyping
practices and programs, including rotorcraft X-planes,
and an identification of the resources required for
such purposes.
(2) The X-Plane Rotorcraft program of the Defense
Advanced Research Projects Agency with performance
objectives beyond those of the Joint Multi-role
development program, including at least two competing
teams.
(3) Approaches, including potential competitive
prize awards, to encourage the development of advanced
rotorcraft capabilities to address challenge problems
such as nap-of-earth automated flight, urban operation
near buildings, slope landings, automated autorotation
or power-off recovery, and automated selection of
landing areas.
Subtitle C--Missile Defense Programs
SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PROGRAM.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2013 for the
Department of Defense may be obligated or expended for the
medium extended air defense system.
SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE ROCKET
DEFENSE PROGRAM.
Of the funds authorized to be appropriated for fiscal year
2013 by section 201 for research, development, test, and
evaluation, Defense-wide, and available for the Missile Defense
Agency, $211,000,000 may be provided to the Government of
Israel for the Iron Dome short-range rocket defense program as
specified in the funding table in section 4201.
SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON SYSTEM
ASSETS BETWEEN AND WITHIN THE DDG-51 CLASS
DESTROYER AND AEGIS ASHORE PROGRAMS IN ORDER TO
MEET MISSION REQUIREMENTS.
(a) Transfer to Aegis Ashore System.--Notwithstanding any
other provision of law, the Secretary of the Navy may transfer
Aegis weapon system equipment with ballistic missile defense
capability to the Director of the Missile Defense Agency for
use by the Director in the Aegis Ashore System for installation
in the country designated as ``Host Nation 1'' by transferring
to the Agency such equipment procured with amounts authorized
to be appropriated for shipbuilding and conversion, Navy, for
fiscal years 2010 and 2011 for the DDG-51 Class Destroyer
Program.
(b) Adjustments in Equipment Deliveries.--
(1) Use of fy12 funds for aws systems on destroyers
procured with fy11 funds.--Amounts authorized to be
appropriated for shipbuilding and conversion, Navy, for
fiscal year 2012, and any Aegis weapon system assets
procured with such amounts, may be used to deliver
complete, mission-ready Aegis weapon systems with
ballistic missile defense capability to any DDG-51
class destroyer for which amounts were authorized to be
appropriated for shipbuilding and conversion, Navy, for
fiscal year 2011.
(2) Use of aws systems procured with rdt&e funds on
destroyers.--The Secretary may install on any DDG-51
class destroyer Aegis weapon systems with ballistic
missile defense capability transferred pursuant to
subsection (c).
(c) Transfer From Aegis Ashore System.--The Director shall
transfer Aegis weapon system equipment with ballistic missile
defense capability procured for installation in the Aegis
Ashore System to the Secretary for the DDG-51 Class Destroyer
Program to replace any equipment transferred to the Director
under subsection (a).
(d) Treatment of Transfer in Funding Destroyer
Construction.--Notwithstanding the source of funds for any
equipment transferred under subsection (c), the Secretary shall
fund all work necessary to complete construction and outfitting
of any destroyer in which such equipment is installed in the
same manner as if such equipment had been acquired using
amounts in the shipbuilding and conversion, Navy, account.
SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION TRACKING SPACE
SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the Missile Defense Agency for the precision tracking space
system, not more than 75 percent may be obligated or expended
until the date on which--
(1) the Director of Cost Assessment and Program
Evaluation completes the evaluation under subsection
(b)(1); and
(2) the terms of reference for the evaluation under
subsection (b)(1)(B) are--
(A) approved by the Missile Defense
Executive Board, in coordination with the
Defense Space Council; and
(B) submitted to the congressional defense
committees.
(b) Independent Cost Estimate and Evaluation of
Alternatives Required.--
(1) In general.--The Director of Cost Assessment
and Program Evaluation shall perform--
(A) an independent cost estimate for the
precision tracking space system; and
(B) a comprehensive assessment evaluation
of alternatives for such system.
(2) Basis of evaluation.--The evaluation under
paragraph (1)(B) shall be based on a clear articulation
by the Director of the Missile Defense Agency of--
(A) the space-based and ground-based
sensors that will be required to be maintained
to aid the precision tracking space system
constellation;
(B) the number of satellites to be procured
for a first constellation, including the
projected lifetime of such satellites in the
first constellation, and the number projected
to be procured for a first and, if applicable,
second replenishment;
(C) the technological and acquisition risks
of such system, including systems engineering
and ground system development;
(D) an evaluation of the technological
capability differences between the precision
tracking space system tracking sensor and the
space tracking and surveillance system tracking
sensor;
(E) the cost differences, as confirmed by
the Director of Cost Assessment and Program
Evaluation, between such systems, including
costs relating to launch services; and
(F) any other matters the Director believes
useful that do not unduly delay completion of
the evaluation.
(3) Evaluation.--In conducting the evaluation under
paragraph (1)(B), the Director of Cost Assessment and
Program Evaluation shall--
(A) evaluate whether the precision tracking
space system, as planned by the Director of the
Missile Defense Agency in the budget submitted
to Congress under section 1105 of title 31,
United States Code, for fiscal year 2013, is
the most cost effective and best value sensor
option with respect to land-, air-, or space-
based sensors, or a combination thereof, to
improve the regional missile defense and
homeland missile defense of the United States,
including by adding precision tracking and
discrimination capability to the ground-based
midcourse defense system;
(B) examine the overhead persistent
infrared satellite data or other data that are
available as of the date of the evaluation that
are not being used for ballistic missile
tracking;
(C) determine whether and how using the
data described in subparagraph (B) could
improve sensor coverage for the homeland
missile defense of the United States and
regional missile defense capabilities;
(D) study the plans of the Director of the
Missile Defense Agency to integrate the
precision tracking space system concept into
the ballistic missile defense system and
evaluate the concept of operations and missile
defense engagement scenarios of such use;
(E) consider the agreement entered into
under subsection (d)(1); and
(F) consider any other matters the Director
believes useful that do not unduly delay
completion of the evaluation.
(4) Cost determination.---In conducting the
independent cost estimate under paragraph (1)(A), the
Director of Cost Assessment and Program Evaluation
shall take into account acquisition costs and operation
and sustainment costs during the initial 10-year and
20-year periods.
(5) Cooperation.--The Director of the Missile
Defense Agency shall provide to the Director of Cost
Assessment and Program Evaluation the information
necessary to conduct the independent cost estimate and
the evaluation of alternatives of such program under
paragraph (1).
(c) Submission Required.--Not later than April 30, 2013,
the Director of Cost Assessment and Program Evaluation shall
submit to the congressional defense committees the independent
cost estimate and evaluation under subparagraphs (A) and (B) of
subsection (b)(1).
(d) Memorandum of Agreement.--
(1) In general.--The Director of the Missile
Defense Agency shall enter into a memorandum of
agreement with the Commander of the Air Force Space
Command with respect to the space situational awareness
capabilities, requirements, design, and cost sharing of
the precision tracking space system.
(2) Submission.--The Director shall submit to the
congressional defense committees the agreement entered
into under paragraph (1).
(e) Review by the Comptroller General.--
(1) Terms of reference.--The Comptroller General of
the United States shall provide to the congressional
defense committees--
(A) by not later than 30 days after the
date on which the terms of reference for the
evaluation under subsection (b)(1)(B) are
provided to such committees pursuant to
subsection (a)(2), a briefing on the views of
the Comptroller General with respect to such
terms of reference and their conformance with
the best practices for analyses of alternatives
established by the Comptroller General; and
(B) a final report on such terms as soon as
practicable following the date of the briefing
under subparagraph (A).
(2) Comprehensive ptss assessment.--The Comptroller
General shall further provide to the congressional
defense committees--
(A) by not later than 60 days after the
date on which the evaluation is submitted to
such committees under subsection (c), a
briefing on the views of the Comptroller
General with respect to such evaluation; and
(B) a final report on such evaluation as
soon as practicable following the date of the
briefing under subparagraph (A).
SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE.
(a) Plan for Next Generation Kill Vehicle.--The Director of
the Missile Defense Agency shall develop a long-term plan for
the exo-atmospheric kill vehicle that addresses both
modifications and enhancements to the current exo-atmospheric
kill vehicle and options for the competitive development of a
next generation exo-atmospheric kill vehicle for the ground-
based interceptor of the ground-based midcourse defense system
and any other interceptor that might be developed for the
defense of the United States against long-range ballistic
missiles.
(b) Definition of Parameters and Capabilities.--
(1) Assessment required.--The Director shall define
the desired technical parameters and performance
capabilities for a next generation exo-atmospheric kill
vehicle using an assessment conducted by the Director
for that purpose that is designed to ensure that a next
generation exo-atmospheric kill vehicle design--
(A) enables ease of manufacturing, high
tolerances to production processes and supply
chain variability, and inherent reliability;
(B) will be optimized to take advantage of
the ballistic missile defense system
architecture and sensor system capabilities;
(C) leverages all relevant kill vehicle
development activities and technologies,
including from the current standard missile-3
block IIB program and the previous multiple
kill vehicle technology development program;
(D) seeks to maximize, to the greatest
extent practicable, commonality between
subsystems of a next generation exo-atmospheric
kill vehicle and other exo-atmospheric kill
vehicle programs; and
(E) meets Department of Defense criteria,
as established in the February 2010 Ballistic
Missile Defense Review, for affordability,
reliability, suitability, and operational
effectiveness to defend against limited attacks
from evolving and future threats from long-
range missiles.
(2) Evaluation of payloads.--The assessment
required by paragraph (1) shall include an evaluation
of the potential benefits and drawbacks of options for
both unitary and multiple exo-atmospheric kill vehicle
payloads.
(3) Standard missile-3 block iib interceptor.--As
part of the assessment required by paragraph (1), the
Director shall evaluate whether there are potential
options and opportunities arising from the standard
missile-3 block IIB interceptor development program for
development of an exo-atmospheric kill vehicle, or kill
vehicle technologies or components, that could be used
for potential upgrades to the ground-based interceptor
or for a next generation exo-atmospheric kill vehicle.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director shall
submit to the congressional defense committees a report
setting forth the plan developed under subsection (a),
including the results of the assessment under
subsection (b), and an estimate of the cost and
schedule of implementing the plan.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MISSILE DEFENSE SYSTEM.
(a) Plan for Modernization.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Army shall submit to the congressional defense committees a
prioritized plan for support of the long-term requirements in
connection with the modernization of the Patriot air and
missile defense system and related systems of the integrated
air and missile defense architecture.
(b) Additional Elements.--The report required by subsection
(a) shall also set forth the following:
(1) An explanation of the requirements and goals
for the Patriot air and missile defense system and
related systems of the integrated air and missile
defense architecture during the 10-year period
beginning on the date of the report.
(2) An assessment of the integrated air and missile
defense capabilities required to meet the demands of
evolving and emerging threats during the ten-year
period beginning on the date of the report.
(3) A plan for the introduction of changes to the
Patriot air and missile defense system program to
achieve reductions in the life-cycle cost of the
Patriot air and missile defense system.
SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT ASSESSMENT OF POTENTIAL
FUTURE MISSILE DEFENSE SITES IN THE UNITED STATES.
(a) Evaluation.--Not later than December 31, 2013, the
Secretary of Defense shall conduct a study to evaluate at least
three possible additional locations in the United States,
selected by the Director of the Missile Defense Agency, that
would be best suited for future deployment of an interceptor
capable of protecting the homeland against threats from nations
such as North Korea and Iran. At least two of such locations
shall be on the East Coast of the United States.
(b) Environmental Impact Statement Required.--Except as
provided by subsection (c), the Secretary shall prepare an
environmental impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. et seq.) for the
locations the Secretary evaluates under subsection (a).
(c) Exception.--If an environmental impact statement has
already been prepared for a location the Secretary evaluates
under subsection (a), the Secretary shall not be required to
prepare another environmental impact statement for such
location.
(d) Contingency Plan.--In light of the evaluation under
subsection (a), the Director of the Missile Defense Agency
shall--
(1) develop a contingency plan for the deployment
of a homeland missile defense interceptor site that is
in addition to such sites that exist as of the date of
the enactment of this Act in case the President
determines to proceed with such an additional
deployment; and
(2) notify the congressional defense committees
when such contingency plan has been developed.
SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is a national priority to defend the United
States homeland against the threat of limited ballistic
missile attack (whether accidental, unauthorized, or
deliberate);
(2) the currently deployed ground-based midcourse
defense system, with 30 ground-based interceptors
deployed in Alaska and California, provides a level of
protection of the United States homeland;
(3) it is essential for the ground-based midcourse
defense system to achieve the levels of reliability,
availability, sustainability, and operational
performance that will allow it to continue providing
protection of the United States homeland;
(4) the Missile Defense Agency should, as its
highest priority, correct the problem that caused the
December 2010 ground-based midcourse defense system
flight test failure and demonstrate the correction in
flight tests before resuming production of the
capability enhancement-II kill vehicle, in order to
provide confidence that the system will work as
intended;
(5) the Department of Defense should continue to
enhance the performance and reliability of the ground-
based midcourse defense system, and enhance the
capability of the ballistic missile defense system, to
provide improved capability to defend the homeland;
(6) the Missile Defense Agency should have a
robust, rigorous, and operationally realistic testing
program for the ground-based midcourse defense system,
including salvo testing, multiple simultaneous
engagement testing, and operational testing;
(7) the Department of Defense has taken a number of
prudent, affordable, cost-effective, and operationally
significant steps to hedge against the possibility of
future growth in the missile threat to the homeland
from North Korea and Iran; and
(8) the Department of Defense should continue to
evaluate the evolving threat of limited ballistic
missile attack, particularly from countries such as
North Korea and Iran, and consider other possibilities
for prudent, affordable, cost-effective, and
operationally significant steps to improve the posture
of the United States to defend the homeland.
(b) Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the status of efforts to improve
the homeland ballistic missile defense capability of
the United States.
(2) Elements of report.--The report required by
paragraph (1) shall include the following:
(A) A detailed description of the actions
taken or planned to improve the reliability,
availability, and capability of the ground-
based midcourse defense system, particularly
the exoatmospheric kill vehicle, and any other
actions to improve the homeland missile defense
posture to hedge against potential future
growth in the threat of limited ballistic
missile attack (whether accidental,
unauthorized, or deliberate), particularly from
countries such as North Korea and Iran.
(B) A description of any improvements
achieved as a result of the actions described
in subparagraph (A).
(C) A description of the results of the two
planned flight tests of the ground-based
midcourse defense system (control test vehicle
flight test-1, and GMD flight test-06b)
intended to demonstrate the success of the
correction of the problem that caused the
flight test failure of December 2010, and the
status of any decision to resume production of
the capability enhancement-II kill vehicle.
(D) a detailed description of the planned
roles and requirements for the standard
missile-3 block IIB interceptor to augment the
defense of the homeland, including the
capabilities needed to defeat long-range
missiles that could be launched from Iran to
the United States;
(E) Any other matters the Secretary
considers appropriate.
(3) Form of report.--The report shall be submitted
in unclassified form, but may include a classified
annex.
(c) Comptroller General Briefing and Report.--
(1) Briefing.--Not later than 60 days after the
date on which the Secretary submits the report under
subsection (b)(1), the Comptroller General of the
United States shall brief the congressional defense
committees with the views of the Comptroller General on
the report.
(2) Report.--As soon as practicable after the date
on which the Comptroller General briefs the
congressional defense committees under paragraph (1),
the Comptroller General shall submit to such committees
a report on the views included in such briefing.
SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the threat from regional ballistic missiles,
particularly from Iran and North Korea, is serious and
growing, and puts at risk forward-deployed forces of
the United States and allies and partners in Europe,
the Middle East, and the Asia-Pacific region;
(2) the Department of Defense has an obligation to
provide force protection of forward-deployed forces,
assets, and facilities of the United States from
regional ballistic missile attack;
(3) the United States has an obligation to meet its
security commitments to its allies, including ballistic
missile defense commitments;
(4) the Department of Defense has a program of
investment and capabilities to provide for both
homeland defense and regional defense against ballistic
missiles, consistent with the Ballistic Missile Defense
Review of 2010 and with the prioritized and integrated
needs of the commanders of the combatant commands;
(5) the European Phased Adaptive Approach to
missile defense is a response to the existing and
growing ballistic missile threat from Iran to forward
deployed United States forces, allies and partners in
Europe;
(6) the Department of Defense--
(A) should, as a high priority, continue to
develop, test, and plan to deploy all four
phases of the European Phased Adaptive
Approach, including all variants of the
standard missile-3 interceptor;
(B) should continue to conduct tests to
evaluate and assess the capability of future
phases of the European Phased Adaptive Approach
and to demonstrate whether they will achieve
their intended roles, as outlined in the
Ballistic Missile Defense Review of 2010; and
(C) should also continue with its other
phased and adaptive regional missile defense
efforts tailored to the Middle East and the
Asia-Pacific region; and
(7) European members of the North Atlantic Treaty
Organization are making a variety of contributions to
missile defense in Europe, by hosting elements of
missile defense systems of the United States on their
territories, through individual national contributions
to missile defense capability, and by collective
funding and development of the Active Layered Theater
Ballistic Missile Defense system; and
(8) allies and partners of the United States in the
Asia-Pacific region and in the Middle East are making
contributions to regional missile defense capabilities,
including by hosting elements of missile defense
systems of the United States on their territories;
jointly developing missile defense capabilities; and
cooperating in regional missile defense architectures.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report describing the status and progress
of regional missile defense programs and efforts.
(2) Elements of report.--The report required by
paragraph (1) shall include the following:
(A) An assessment of the adequacy of the
existing and planned European Phased Adaptive
Approach to provide force protection for
forward-deployed forces of the United States in
Europe against ballistic missile threats from
Iran, and an assessment whether adequate force
protection would be available absent the
European Phased Adaptive Approach, given
current and planned Patriot, Terminal High
Altitude Area Defense, and Aegis ballistic
missile defense capability.
(B) A description of the progress made in
the development and testing of elements of
systems intended for deployment in Phases 2
through 4 of the European Phased Adaptive
Approach, and an assessment of technical and
schedule risks.
(C) A description of the missile defense
priorities and capability needs of the regional
combatant commands, and the planned regional
missile defense architectures derived from
those capability needs and priorities.
(D) A description of the global force
management process used to evaluate the missile
defense capability needs of the regional
combatant commands and to determine the
resource allocation and deployment outcomes
among such commands.
(E) A description of the missile defense
command and control concepts and arrangements
in place for United States and allied regional
missile defense forces, and the missile defense
partnerships and burden-sharing arrangements in
place between the United States and its allies
and partners.
(3) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(c) Comptroller General Views.--The Comptroller General of
the United States shall--
(1) brief the congressional defense committees with
the views of the Comptroller General on the report
under subsection (b)(1) by not later than 60 days after
the date on which the Secretary submits such report;
and
(2) submit to such committees a written report on
such views as soon as practicable after the date of the
briefing under paragraph (1).
SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN EUROPE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
contributions of members of the North Atlantic Treaty
Organization to missile defense in Europe.
(b) Elements.--The report required under subsection (a)
shall include a discussion of the full range of contributions
made by members of NATO, individually and collectively, to
missile defense in Europe, including the following:
(1) Financial contributions to the development of
the Active Layered Theater Ballistic Missile Defense
command and control system or other NATO missile
defense capabilities, including the European Phased
Adaptive Approach.
(2) National contributions of missile defense
capabilities to NATO.
(3) Agreements to host missile defense facilities
in the territory of the member state.
(4) Contributions in the form of providing support,
including security, for missile defense facilities in
the territory of the member state.
(5) Any other contributions being planned by
members of NATO, including the modification of existing
military systems to contribute to the missile defense
capability of NATO.
(6) A discussion of whether there are other
opportunities for future contributions, financial and
otherwise, to missile defense by members of NATO.
(7) Any other matters the Secretary determines
appropriate.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE
SYSTEM.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the testing program for the ground-based midcourse defense
element of the ballistic missile defense system.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An explanation of testing options for the
ground-based midcourse defense system if planned flight
tests CTV-01 and FTG-06b do not demonstrate the
successful correction to the problem that caused the
failure of the capability enhancement-2 kill vehicle in
flight test FTG-06a in December 2010, including
additional testing of the capability enhancement-1 kill
vehicle.
(2) An assessment of the feasibility, advisability,
and cost effectiveness (including the potential
benefits, risks, and impact on the current test plan
and integrated master test plan for the ground-based
midcourse defense system) of adjusting the test plan of
the ground-based midcourse defense system to
accomplish, at an acceptable level of risk--
(A) accelerating to fiscal year 2014 the
date for testing such system using a capability
enhancement-1 kill vehicle against an
intercontinental ballistic missile-range
target; and
(B) increasing the pace of the flight
testing of such system to a rate of three tests
every two years.
(3) If the Secretary determines that either option
described in subparagraph (A) or (B) of paragraph (2)
would be feasible, advisable, and cost effective, a
discussion of whether increased funding beyond the
funding requested in the budget for fiscal year 2013 is
required to carry out such options and, if so, what
level of increased funding would be necessary to carry
out each such option.
(4) Any additional matters the Secretary determines
appropriate.
(c) DOT&E Views.--The Secretary shall include an appendix
to the report under subsection (a) that contains the views of
the Director of Operational Test and Evaluation regarding the
contents of the report.
(d) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Comptroller General Views.--The Comptroller General of
the United States shall--
(1) brief the congressional defense committees
concerning the views of the Comptroller General on the
report required under subsection (a) by not later than
60 days after the date on which the Secretary submits
such report; and
(2) submit to such committees a written report on
such views as soon as practicable after the date of the
briefing under paragraph (1).
SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) In a December 18, 2010, letter to the Senate
leadership, President Obama wrote that the North
Atlantic Treaty Organization (NATO) ``invited the
Russian Federation to cooperate on missile defense,
which could lead to adding Russian capabilities to
those deployed by NATO to enhance our common security
against common threats. The Lisbon Summit thus
demonstrated that the Alliance's missile defenses can
be strengthened by improving NATO-Russian relations.
This comes even as we have made it clear that the
system we intend to pursue with Russia will not be a
joint system, and it will not in any way limit United
States' or NATO's missile defense capabilities.''.
(2) In a February 2, 2011, message to the Senate
concerning its December 22, 2010, Resolution of Advice
and Consent to Ratification of the New START Treaty,
President Obama certified that ``It is the policy of
the United States to continue development and
deployment of United States missile defense systems to
defend against missile threats from nations such as
North Korea and Iran, including qualitative and
quantitative improvements to such systems. As stated in
the Resolution, such systems include all phases of the
Phased Adaptive Approach to missile defense in Europe,
the modernization of the Ground-based Midcourse Defense
system, and the continued development of the two-stage
Ground-Based Interceptor as a technological and
strategic hedge.''.
(3) In a letter dated December 13, 2011, to Senator
Mark Kirk, Robert Nabors, Assistant to the President
and Director of the Office of Legislative Affairs,
wrote that ``The United States remains committed to
implementing the European Phased Adaptive Approach to
missile defense, and will not agree to any constraints
limiting the development or deployment of United States
missile defenses'' and ``[w]e will not provide Russia
with sensitive information about our missile defense
systems that would in any way compromise our national
security. For example, hit-to-kill technology and
interceptor telemetry will under no circumstances be
provided to Russia.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) pursuant to section 2 of the National Missile
Defense Act of 1999 (Public Law 106-38; 113 Stat. 205;
10 U.S.C. 2431 note), it is the policy of the United
States ``to deploy as soon as is technologically
possible an effective National Missile Defense system
capable of defending the territory of the United States
against limited ballistic missile attack (whether
accidental, unauthorized, or deliberate)...'';
(2) defenses against ballistic missiles are
essential for new deterrent strategies and for new
strategies should deterrence fail;
(3) further limitations on the missile defense
capabilities of the United States are not in the
national security interest of the United States;
(4) the New Start Treaty and the April 7, 2010,
unilateral statement of the Russian Federation on
missile defense do not limit in any way, and shall not
be interpreted as limiting, activities that the Federal
Government of the United States currently plans or that
might be required over the duration of the New START
Treaty to protect the United States pursuant to the
National Missile Defense Act of 1999, or to protect the
Armed Forces of the United States and allies of the
United States from limited ballistic missile attack,
including further planned enhancements to the Ground-
based Midcourse Defense system and all phases of the
Phased Adaptive Approach to missile defense in Europe;
(5) it was the Understanding of the Senate in its
December 22, 2010, Resolution of Advice and Consent to
Ratification of the New START Treaty that, ``any
additional New START Treaty limitations on the
deployment of missile defenses beyond those contained
in paragraph 3 of Article V, including any limitations
agreed under the auspices of the Bilateral Consultative
Commission, would require an amendment to the New START
Treaty which may enter into force for the United States
only with the advice and consent of the Senate, as set
forth in Article II, section 2, clause 2 of the
Constitution of the United States''; and
(6) section 303(b) of the Arms Control and
Disarmament Act (22 U.S.C. 2573(b)) requires that ``no
action shall be taken pursuant to this or any other Act
that would obligate the United States to reduce or
limit the Armed Forces or armaments of the United
States in a militarily significant manner, except
pursuant to the treaty-making power of the President
set forth in Article II, Section 2, Clause 2 of the
Constitution.''.
(c) New START Treaty Defined.--In this section, the term
``New START Treaty'' means the Treaty between the United States
of America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive Arms,
signed on April 8, 2010, and entered into force on February 5,
2011.
SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS OF THE
HOMELAND DEFENSE HEDGING POLICY AND STRATEGY REPORT
OF THE SECRETARY OF DEFENSE.
It is the sense of the Congress that--
(1) the homeland defense hedging policy and
strategy report required by section 233 of the National
Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1340) is necessary to inform
Congress on options to protect the United States
homeland against the evolving ballistic missile threat,
including potential options prior to the deployment of
Phase 4 of the European Phased Adaptive Approach to
missile defense; and
(2) the Secretary of Defense should comply with the
requirements of such section 233 by submitting the
homeland defense hedging policy and strategy report to
Congress.
Subtitle D--Reports
SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT SHIP.
(a) Report Required.--Not later than March 1, 2013, the
Secretary of the Navy shall, in consultation with the Director
of Operational Test and Evaluation, submit to the congressional
defense committees a report on the mine countermeasures
warfare, antisubmarine warfare, and surface warfare mission
packages for the Littoral Combat Ship.
(b) Elements.--The report required by subsection (a) shall
set forth the following:
(1) A plan for the mission packages demonstrating
that preliminary design review for every capability
increment precedes Milestone B or equivalent approval
for that increment.
(2) A plan for demonstrating that the capability
increment for each mission package, combined with a
Littoral Combat Ship, on the basis of a preliminary
design review and post-preliminary design review
assessment, will achieve the capability specified for
that increment.
(3) A plan for demonstrating the survivability and
lethality of the Littoral Combat Ship with its mission
packages sufficiently early in the development phase of
the system to minimize costs of concurrency.
SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE MARINE CORPS.
(a) Study.--The Commandant of the Marine Corps shall
conduct a study on the future capabilities of the Marine Corps
with respect to electronic warfare.
(b) Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Commandant shall
submit to the congressional defense committees a report
on the study conducted under subsection (a).
(2) Matters included.--The report under paragraph
(1) shall include the following:
(A) A detailed plan for the disposition of
EA-6B Prowler aircraft squadrons.
(B) A solution for the replacement of the
capability provided by such aircraft.
(C) Concepts of operation for future air-
ground task force electronic warfare
capabilities of the Marine Corps.
(D) Any other issues that the Commandant
determines appropriate.
SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS ASSAULT
VEHICLES FOR THE MARINE CORPS.
(a) In General.--If the ongoing Marine Corps ground combat
vehicle fleet mix study recommends the acquisition of a
separate Marine Personnel Carrier, the Secretary of the Navy
and the Commandant of the Marine Corps shall jointly submit to
the congressional defense committees a report that includes the
following:
(1) A detailed description of the capability gaps
that Marine Personnel Carriers are intended to mitigate
and the capabilities that the Marine Personnel Carrier
will be required to have to mitigate such gaps, and an
assessment whether, and to what extent, Amphibious
Combat Vehicles could mitigate such gaps.
(2) A detailed explanation of the role of the
Marine Personnel Carriers in the operations of the
Marine Corps, as well as a comparative estimate of the
acquisition and life-cycle costs of--
(A) a fleet consisting of both Amphibious
Combat Vehicles and Marine Personnel Carriers;
and
(B) a fleet consisting of only Amphibious
Combat Vehicles.
(b) Submittal Date.--If required, the report under
subsection (a) shall be submitted not later than the later of--
(1) the date that is 60 days after the date of the
completion of the study referred to in subsection (a);
or
(2) February 1, 2013.
SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY RESEARCH
INVESTMENTS OF THE AIR FORCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report
detailing the investment strategy of the Air Force with respect
to the spectrum of--
(1) cyber science and technology;
(2) autonomy, command and control, and decision
support technologies;
(3) connectivity and dissemination technologies;
and
(4) processing and exploitation technologies.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An identification of the near-, mid-, and far-
term science and technology priorities of the Air Force
with respect to cyber and information-related
technologies and the resources (including both funding
and personnel) projected to address these priorities.
(2) A strategy to transition the results of the
science and technology priorities described in
paragraph (1) into weapon systems, including cyber
tools.
(3) A description of how the Air Force will
recruit, train, and retain a highly skilled workforce
in cyber and information-related technologies,
including the use of the authorities granted under the
laboratory demonstration program established by section
342 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721),
as most recently amended by section 1114 of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; 114 Stat. 1654A-315).
(4) A description of laboratory infrastructure and
research facilities, including the Air Force Institute
of Technology, that are necessary for the
accomplishment of the science and technology priorities
described in paragraph (1).
SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND
TECHNICAL GRADUATE EDUCATION NEEDS.
(a) Review.--The Secretary of Defense shall enter into an
agreement with the National Research Council to conduct a
review of specialized degree-granting graduate programs of the
Department of Defense in science, technology, engineering,
mathematics, and management.
(b) Matters Included.--At a minimum, the review under
subsection (a) shall address--
(1) the need by the Department of Defense and the
military departments for military and civilian
personnel with advanced degrees in science, technology,
engineering, mathematics, and management, including a
list of the numbers of such personnel needed by
discipline;
(2) an analysis of the sources by which the
Department of Defense and the military departments
obtain military and civilian personnel with such
advanced degrees;
(3) the need for educational institutions under the
Department of Defense to meet the needs identified in
paragraph (1);
(4) the costs and benefits of maintaining such
educational institutions, including costs relating to
in-house research;
(5) the ability of private institutions or
distance-learning programs to meet the needs identified
in paragraph (1);
(6) existing organizational structures, including
reporting chains, within the military departments to
manage the graduate education needs of the Department
of Defense and the military departments in the fields
described in paragraph (1); and
(7) recommendations for improving the ability of
the Department of Defense to identify, manage, and
source the graduate education needs of the Department
in such fields.
(c) Report.--Not later than 30 days after the date on which
the review under subsection (a) is completed, the Secretary
shall submit to the congressional defense committees a report
on the results of such review.
Subtitle E--Other Matters
SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LABORATORIES TO ENTER
INTO EDUCATIONAL PARTNERSHIPS WITH EDUCATIONAL
INSTITUTIONS IN TERRITORIES AND POSSESSIONS OF THE
UNITED STATES.
(a) Eligibility of Institutions in Territories and
Possessions.--Section 2194(f) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(3) The term `United States' includes the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and any other territory or
possession of the United States.''.
(b) Technical Amendment.--Paragraph (2) of such section is
amended by inserting ``(20 U.S.C. 7801)'' before the period.
SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.
(a) Development of Innovative Advanced Technologies.--The
Secretary of Defense may use the research and engineering
network of the Department of Defense, including the organic
industrial base, to support regional advanced technology
clusters established by the Secretary of Commerce to encourage
the development of innovative advanced technologies to address
national security and homeland defense challenges.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
appropriate congressional committees a report describing--
(1) the participation of the Department of Defense
in regional advanced technology clusters, including the
number of--
(A) clusters supported;
(B) technologies developed and transitioned
to acquisition programs;
(C) products commercialized;
(D) small businesses trained;
(E) companies started; and
(F) research and development facilities
shared;
(2) implementation by the Department of processes
and tools to facilitate collaboration with the
clusters;
(3) agreements established by the Department with
the Department of Commerce to jointly support the
continued growth of the clusters;
(4) methods to evaluate the effectiveness of
technology cluster policies;
(5) any additional required authorities and any
impediments to supporting regional advanced technology
clusters; and
(6) the use of any agreements entered into under
the Intergovernmental Personnel Act of 1970 (42 U.S.C.
4701 et seq.) and any access granted to facilities of
the Department of Defense for research and development
purposes.
(c) Collaboration.--The Secretary of Defense may meet,
collaborate, and share resources with other Federal agencies
for purposes of assisting in the use and appropriate growth of
regional advanced technology clusters under this section.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Energy and Commerce of
the House of Representatives.
(2) The term ``regional advanced technology
clusters'' means geographic centers focused on building
science and technology-based innovation capacity in
areas of local and regional strength to foster economic
growth and improve quality of life.
SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-EFFECTIVENESS OF
TRAINING EXERCISES FOR MEMBERS OF THE ARMED FORCES.
It is the sense of Congress that--
(1) modeling and simulation will continue to play a
critical role in the training of the members of the
Armed Forces;
(2) while increased modeling and simulation has
reduced overall costs of training of members of the
Armed Forces, there are still significant costs
associated with the human resources required to execute
certain training exercises where role-playing actors
for certain characters such as opposing forces, the
civilian populace, other government agencies, and non-
governmental organizations are required;
(3) technological advances in areas such as varying
levels of autonomy for systems, multi-player gaming
techniques, and artificial intelligence could reduce
the number of personnel required to support certain
training exercises for members of the Armed Forces, and
thereby reduce the overall cost of the exercises; and
(4) the Secretary of Defense should develop a plan
to increase the use of emerging technologies in
autonomous systems, the commercial gaming sector, and
artificial intelligence for training exercises for
members of the Armed Forces to increase training
effectiveness and reduce costs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into
cooperative agreements with Indian tribes for land management
associated with military installations and State-owned
National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at
military installations and briefing regarding environmental
exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.
Subtitle D--Readiness
Sec. 331. Intergovernmental support agreements with State and local
governments.
Sec. 332. Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
Subtitle B--Energy and Environment
SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING RANGE INVENTORY.
Section 366 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2522;
10 U.S.C. 113 note), as most recently amended by section 348 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2159), is amended--
(1) in subsection (a)(5), by striking ``each of
fiscal years 2005 through 2013'' and inserting ``each
fiscal year through fiscal year 2018''; and
(2) in subsection (c)(2), by striking ``fiscal
years 2005 through 2013'' and inserting ``each fiscal
year through fiscal year 2018''.
SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER INTO
COOPERATIVE AGREEMENTS WITH INDIAN TRIBES FOR LAND
MANAGEMENT ASSOCIATED WITH MILITARY INSTALLATIONS
AND STATE-OWNED NATIONAL GUARD INSTALLATIONS.
(a) Inclusion of Indian Tribes.--Section 103A(a) of the
Sikes Act (16 U.S.C. 670c-1(a)) is amended in the matter
preceding paragraph (1) by inserting ``Indian tribes,'' after
``local governments,''.
(b) Indian Tribe Defined.--Section 100 of such Act (16
U.S.C. 670) is amended by adding at the end the following new
paragraph:
``(6) Indian tribe.--The term `Indian tribe' means
any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village
or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.''.
SEC. 313. DEPARTMENT OF DEFENSE GUIDANCE ON ENVIRONMENTAL EXPOSURES AT
MILITARY INSTALLATIONS AND BRIEFING REGARDING
ENVIRONMENTAL EXPOSURES TO MEMBERS OF THE ARMED
FORCES.
(a) Issuance of Guidance Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall issue guidance to the military
departments and appropriate defense agencies regarding
environmental exposures on military installations.
(2) Elements.--The guidance issued pursuant to
paragraph (1) shall address, at a minimum, the
following:
(A) The criteria for when and under what
circumstances public health assessments by the
Agency for Toxic Substances and Disease
Registry must be requested in connection with
environmental contamination at military
installations, including past incidents of
environmental contamination.
(B) The procedures to be used to track and
document the status and nature of responses to
the findings and recommendations of the public
health assessments of the Agency of Toxic
Substances and Disease Registry that involve
contamination at military installations.
(C) The appropriate actions to be
undertaken to assess significant long-term
health risks from past environmental exposures
to military personnel and civilian individuals
from living or working on military
installations.
(3) Submission.--Not later than 30 days after the
issuance of the guidance required by paragraph (1), the
Secretary of Defense shall transmit to the
congressional defense committees a copy of the
guidance.
(b) Briefing Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall provide a briefing to the congressional
defense committees regarding materiel solutions that
would measure environmental exposures to members of the
Armed Forces while in contingency operations.
(2) Elements.--The briefing required by paragraph
(1) shall include, at a minimum, the following:
(A) Relevant materiel solutions in
development or commercially available that
would facilitate the identification of members
of the Armed Forces who have individual
exposures to environmental hazards, including
burn pits, dust or sand, hazardous materials,
and waste.
(B) A timeline, and estimated cost, of
developing and deploying the materiel solutions
described in subparagraph (A).
(C) Identification of the Department of
Defense's process, and any systems, that
collect and maintain exposure data and a
description of how the Department of Defense
could integrate data from the materiel
solutions described in subparagraph (A) into
those systems.
(D) An update regarding the sharing of
environmental exposure data with the Secretary
of Veterans Affairs for use in medical and
treatment records of veterans, including how
the materiel solutions described in
subparagraph (A) can be used in determining the
service-connectedness of health conditions and
in identifying possible origins and causes of
disease.
SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN FOR
OPERATIONAL ENERGY STRATEGY.
(a) Report Required.--If the annual report for fiscal year
2011 required by section 2925(b) of title 10, United States
Code, is not submitted to the congressional defense committees
by December 31, 2012, the Secretary of Defense shall submit,
not later than June 30, 2013, to the congressional defense
committees a report on the status of the targets established in
the implementation plan for the operational energy strategy
established pursuant to section 139b of such title, as
contained in the document entitled ``Operational Energy
Strategy: Implementation Plan, Department of Defense, March
2012''.
(b) Elements of Report.--The report required by subsection
(a) shall describe, at a minimum, the following:
(1) The status of each of the targets listed in the
implementation plan.
(2) The steps being taken to meet the targets.
(3) The expected date of completion for each
target, if the date is different from the date
indicated in the implementation plan.
(4) The reason for any delays in meeting the
targets.
SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE FUNDS FROM
DEFENSE PRODUCTION ACT OF 1950 FOR BIOFUEL REFINERY
CONSTRUCTION.
Amounts made available to the Department of Defense
pursuant to the Defense Production Act of 1950 (50 U.S.C. App.
2061 et seq.) for fiscal year 2013 for biofuels production may
not be obligated or expended for the construction of a biofuel
refinery until the Department of Defense receives matching
contributions from the Department of Energy and equivalent
contributions from the Department of Agriculture for the same
purpose.
SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT OF DEFENSE
AIRFIELDS, TRAINING AIRSPACE, AND AIR TRAINING
ROUTES.
It is the sense of Congress that--
(1) Department of Defense airfields, training
airspace, and air training routes are critical national
assets that must be protected from encroachment or
mission degradations to the maximum extent practicable;
(2) placement or emplacement of obstructions near
or on Department of Defense airfields, training
airspace, or air training routes has the potential of
increasing risk to military aircraft and personnel as
well as impacting training and readiness; and
(3) in the context of a Department of Defense
operational risk assessment and the Department of
Defense Siting Clearinghouse, the Department of Defense
should develop and promulgate comprehensive guidance to
assess the degree to which the potential encroachment
of a project significantly impairs or degrades the
capability of the Department to conduct missions or
maintain readiness to the extent of presenting an
unacceptable risk to national security with strong
consideration given to the input provided by the
military services.
Subtitle C--Logistics and Sustainment
SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION
PROJECT.
(a) Expansion.--Section 338 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 5013 note), as most recently amended by section 329 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 67), is amended--
(1) by striking subsection (a) and inserting the
following new subsection:
``(a) Demonstration Project Authorized.--In accordance with
subsection 4703 of title 5, United States Code, the Secretary
of a military department may carry out a demonstration project
at facilities described in subsection (b) under which workers
who are certified at the journey level as able to perform
multiple trades shall be promoted by one grade level.''; and
(2) in subsection (b), by striking ``Logistics
Center, Navy Fleet Readiness Center,'' and inserting
``Logistics Complex, Navy Fleet Readiness Center, Navy
shipyard, Marine Corps Logistics Base,''.
(b) Reauthorization.--Such section is further amended--
(1) in subsection (d), by striking ``2013'' and
inserting ``2018''; and
(2) in subsection (e), by striking ``2014'' and
inserting ``2019''.
SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS RELATING TO
DEPOT-LEVEL MAINTENANCE AND CORE LOGISTICS
CAPABILITIES.
(a) Repeal.--The following provisions of law are hereby
repealed:
(1) Section 2460 of title 10, United States Code
(as amended by section 321 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81)).
(2) Section 2464 of title 10, United States Code
(as amended by section 327 of the National Defense
Authorization Act for Fiscal Year 2012).
(b) Revival of Superseded Provisions.--
(1) Definition of depot-level maintenance and
repair.--The provisions of section 2460 of title 10,
United States Code, as in effect on December 30, 2011
(the day before the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2012), are hereby revived.
(2) Core logistics capabilities.--(A) The
provisions of section 2464 of 10, United States Code,
as in effect on that date, are hereby revived.
(B) The table of sections at the beginning of
chapter 146 of such title is amended by striking the
item relating to section 2464 and inserting the
following new item:
``2464. Core logistics capabilities.''.
(c) Amendment to Definition of Depot-level Maintenance and
Repair.--Subsection (b) of section 2460 of title 10, United
States Code, as revived by subsection (b), is amended by
striking ``or the nuclear refueling of an aircraft carrier''
and inserting ``or the nuclear refueling or defueling of an
aircraft carrier and any concurrent complex overhaul''.
(d) Biennial Core Report.--Section 2464 of such title, as
revived by subsection (b), is amended by adding at the end the
following new subsections:
``(d) Biennial Core Report.--Not later than April 1 of each
even-numbered year, the Secretary of Defense shall submit to
Congress a report identifying, for each of the armed forces
(except for the Coast Guard), for the fiscal year after the
fiscal year during which the report is submitted, each of the
following:
``(1) The core depot-level maintenance and repair
capability requirements and sustaining workloads,
organized by work breakdown structure, expressed in
direct labor hours.
``(2) The corresponding workloads necessary to
sustain core depot-level maintenance and repair
capability requirements, expressed in direct labor
hours and cost.
``(3) In any case where core depot-level
maintenance and repair capability requirements exceed
or are expected to exceed sustaining workloads, a
detailed rationale for any and all shortfalls and a
plan either to correct or mitigate the effects of the
shortfalls.
``(e) Comptroller General Review.--The Comptroller General
of the United States shall review each report submitted under
subsection (d) for completeness and compliance and shall submit
to the congressional defense committees findings and
recommendations with respect to the report by not later than 60
days after the date on which the report is submitted to
Congress.''.
(e) Conforming Amendments.--
(1) Section 2366a of title 10, United States Code,
is amended by striking ``core depot-level maintenance
and repair capabilities'' each place it appears and
inserting ``core logistics capabilities''.
(2) Section 2366b(A)(3)(F) of title 10, United
States Code, is amended by striking ``core depot-level
maintenance and repair capabilities, as well as the
associated logistics capabilities'' and inserting
``core logistics capabilities''.
(3) Section 801(c) of the National Defense
Authorization Act for Fiscal Year 2012 (125 Stat. 1483;
10 U.S.C. 2366a note) is amended by striking ``core
depot-level maintenance and repair capabilities, as
well as the associated logistics capabilities'' and
inserting ``core logistics capabilities''.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on December 31, 2011, the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2012, immediately after the enactment of that
Act.
SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MANAGERS.
The Secretary of the Air Force, in managing system program
management responsibilities for sustainment programs not
assigned to a program executive officer or a direct reporting
program manager, shall comply with the Department of Defense
Instructions regarding assignment of program responsibility.
Subtitle D--Readiness
SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE AND LOCAL
GOVERNMENTS.
(a) Agreements Authorized.--Chapter 137 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2336. Intergovernmental support agreements with State and local
governments
``(a) In General.--(1) The Secretary concerned may enter
into an intergovernmental support agreement with a State or
local government to provide, receive, or share installation-
support services if the Secretary determines that the agreement
will serve the best interests of the department by enhancing
mission effectiveness or creating efficiencies or economies of
scale, including by reducing costs.
``(2) Notwithstanding any other provision of law, an
intergovernmental support agreement under paragraph (1)--
``(A) may be entered into on a sole-source basis;
``(B) may be for a term not to exceed five years;
and
``(C) may use, for installation-support services
provided by a State or local government, wage grades
normally paid by that State or local government.
``(3) An intergovernmental support agreement under
paragraph (1) may only be used when the Secretary concerned or
the State or local government, as the case may be, providing
the installation-support services already provides such
services for its own use.
``(b) Effect on First Responder Arrangements.--The
authority provided by this section and limitations on the use
of that authority are not intended to revoke, preclude, or
otherwise interfere with existing or proposed mutual-aid
agreements relating to police or fire protection services or
other similar first responder agreements or arrangements.
``(c) Availability of Funds.--Funds available to the
Secretary concerned for operation and maintenance may be used
to pay for such installation-support services. The costs of
agreements under this section for any fiscal year may be paid
using annual appropriations made available for that year. Funds
received by the Secretary as reimbursement for providing
installation-support services pursuant to such an agreement
shall be credited to the appropriation or account charged with
providing installation support.
``(d) Effect on OMB Circular A-76.-- The Secretary
concerned shall ensure that intergovernmental support
agreements authorized by this section are not used to
circumvent the requirements of Office of Management and Budget
Circular A-76 regarding public-private competitions.
``(e) Definitions.--In this section:
``(1) The term `installation-support services'
means those services, supplies, resources, and support
typically provided by a local government for its own
needs and without regard to whether such services,
supplies, resources, and support are provided to its
residents generally, except that the term does not
include security guard or fire-fighting functions.
``(2) The term `local government' includes a
county, parish, municipality, city, town, township,
local public authority, school district, special
district, and any agency or instrumentality of a local
government.
``(3) The term `State' includes the District of
Columbia, the Commonwealths of Puerto Rico and the
Northern Mariana Islands, American Samoa, Guam, and the
United States Virgin Islands, and any agency or
instrumentality of a State.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2336. Intergovernmental support agreements with State and local
governments.''.
SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM FOR
AVAILABILITY OF WORKING-CAPITAL FUNDS FOR PRODUCT
IMPROVEMENTS.
(a) Expansion.--Section 330 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 68) is amended--
(1) in subsection (a), by inserting ``, the
Secretary of the Navy, and the Secretary of the Air
Force (in this section referred to as the `Secretary
concerned')'' after ``the Secretary of the Army'';
(2) in subsection (d)--
(A) by inserting ``by the Secretary
concerned'' after ``submitted''; and
(B) by inserting ``by the Secretary
concerned'' after ``used''; and
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the
Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, in
consultation with the Assistant Secretary of
the Army for Financial Management and
Comptroller,'' and inserting ``the Secretary
concerned''; and
(B) in paragraph (2), by striking ``the
Assistant Secretary of the Army for
Acquisition, Logistics, and Technology'' and
inserting ``the Secretary concerned''.
(b) Covered Product Improvements.--Subsection (b) of such
section is amended--
(1) by inserting ``retrofit, modernization,
upgrade, or rebuild of a'' before ``component''; and
(2) by striking ``reliability and maintainability''
and inserting ``reliability, availability, and
maintainability''.
(c) Limitation on Certain Projects.--Subsection (c)(1) of
such section is amended by striking ``performance envelope''
and inserting ``capability''.
(d) Reporting Requirement.--Subsection (e) of such section
is amended--
(1) in paragraph (2), by striking ``2012'' and
inserting ``2017''; and
(2) in paragraph (3), by striking ``60 days'' and
inserting ``45 days''.
(e) Extension.--Subsection (f) of such section, as amended
by section 354 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1377), is
further amended by striking ``2014'' and inserting ``2018''.
(f) Clerical Amendment.--The heading of such section is
amended by striking ``to army''.
SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS STUDY AND
COMPTROLLER GENERAL STUDIES AND REPORTS ON
STRATEGIC PORTS.
(a) Sense of Congress on Completion of DOD Report.--It is
the sense of Congress that the Secretary of Defense should
expedite completion of the study of strategic ports in the
United States called for in the conference report to accompany
the National Defense Authorization Act for Fiscal Year 2012
(Conference Report 112-329) so that it can be submitted to
Congress before December 31, 2012.
(b) Comptroller General Sufficiency Review.--
(1) Submission of dod report.--In addition to
submitting the report referred to in subsection (a) to
Congress, the Secretary of Defense shall submit the
report to the Comptroller General of the United States.
(2) Sufficiency review.--Not later than 90 days
after receiving the report under paragraph (1), the
Comptroller General shall--
(A) conduct a sufficiency review of the
report; and
(B) submit to the congressional defense
committees a report containing the results of
the review.
(c) Comptroller General Study and Report on Strategic
Ports.--
(1) Study and report required.--Not later than 270
days after the date of the enactment of this Act, the
Comptroller General shall--
(A) conduct a study of the programs and
efforts of the Department of Defense related to
the state of strategic ports with respect to
the operational and readiness requirements of
the Department; and
(B) submit to the congressional defense
committees a report containing the findings of
the study.
(2) Elements of study.--The study required by
paragraph (1) shall include an assessment of--
(A) the extent to which the facilities at
strategic ports meet the requirements of the
Department of Defense;
(B) the extent to which the Department has
identified gaps in the ability of existing
strategic ports to meet its needs and
identified and undertaken efforts to address
any gaps; and
(C) the ability of the Department to
oversee, coordinate, and provide security for
military deployments through strategic ports.
(d) Strategic Port Defined.--In this section, the term
``strategic port'' means a United States port designated by the
Secretary of Defense as a significant transportation hub
important to the readiness and cargo throughput capacity of the
Department of Defense.
Subtitle E--Reports
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE LONG-TERM CORROSION
STRATEGY.
Section 2228(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``,
including available validated data on return on
investment for completed corrosion projects and
activities'' after ``the strategy'';
(B) in subparagraph (E), by striking ``For
the fiscal year covered by the report and the
preceding fiscal year'' and inserting ``For the
fiscal year preceding the fiscal year covered
by the report''; and
(C) by inserting at the end the following
new subparagraph:
``(F) For the fiscal year preceding the fiscal year
covered by the report, a description of the specific
amount of funds used for military corrosion projects,
the Technical Corrosion Collaboration pilot program,
and other corrosion-related activities.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph
(2).
SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND TRAINING IN A
C4ISR-DENIED ENVIRONMENT.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to Congress a report on the readiness of the joint
force to conduct operations in environments where there is no
access to Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance (in this section
referred to as ``C4ISR'') systems, including satellite
communications, classified Internet protocol-based networks,
and the Global Positioning System (in this section referred to
as ``GPS'').
(b) Contents of Report.--The report required by subsection
(a) shall include a description of the steps taken and planned
to be taken--
(1) to identify likely threats to the C4ISR systems
of the United States, including both weapons and those
states with such capabilities as well as the most
likely areas in which C4ISR systems could be at risk;
(2) to identify vulnerabilities to the C4ISR
systems of the United States that could result in a
C4ISR-denied environment;
(3) to determine how the Armed Forces should
respond in order to reconstitute C4ISR systems, prevent
further denial of C4ISR systems, and develop counter-
attack capabilities;
(4) to determine which types of joint operations
could be feasible in an environment in which access to
C4ISR systems is restricted or denied;
(5) to conduct training and exercises for
sustaining combat and logistics operations in C4ISR-
denied environments; and
(6) to propose changes to current tactics,
techniques, and procedures to prepare to operate in an
environment in which C4ISR systems are degraded or
denied for 48-hour, 7-day, 30-day, or 60-day periods.
(c) Joint Exercise Plan Required.--Based on the findings of
the report required by subsection (a), the Chairman of the
Joint Chiefs of Staff shall develop a roadmap and joint
exercise plan for the joint force to operate in an environment
where access to C4ISR systems, including satellite
communications, classified Internet protocol-based networks,
and the GPS network, is denied. The plan and joint exercise
program shall include--
(1) the development of alternatives to satellite
communications, classified Internet protocol-based
networks, and GPS for logistics, intelligence,
surveillance, reconnaissance, and combat operations;
and
(2) methods to mitigate dependency on satellite
communications, classified Internet protocol-based
networks, and GPS;
(3) methods to protect vulnerable satellite
communications, classified Internet protocol-based
networks, and GPS; and
(4) a joint exercise and training plan to include
fleet battle experiments, to enable the force to
operate in a satellite communications, Internet
protocol-based network, and GPS-denied environment.
(d) Form of Report.--The report required to be submitted by
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT OF DEFENSE
REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.
Section 2229a(b)(1) of title 10, United States Code, is
amended--
(1) by striking ``By not later than 120 days after
the date on which a report is submitted under
subsection (a), the'' and inserting ``The''; and
(2) by striking ``the report'' and inserting ``each
report submitted under subsection (a)''.
SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF VESSELS
IN FOREIGN SHIPYARDS.
Section 7310(c) of title 10, United States Code, is
amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph
(A), by striking ``The report'' and inserting
the following: ``Except as provided in
paragraph (4), the report''; and
(B) in subparagraph (A), by inserting after
``justification under law'' the following:
``and operational justification'';
(2) by redesignating paragraph (4) as paragraph
(5);
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) In the case of a covered vessel described in
subparagraph (C) of paragraph (5), the report shall not
be required to include the information described in
subparagraphs (A), (E), (F), (G), and (I) of paragraph
(3).''; and
(4) in paragraph (5), as redesignated by paragraph
(2) of this section, by adding at the end the following
new subparagraph:
``(C) A vessel not described in subparagraph (A) or
(B) that is operated pursuant to a contract entered
into by the Secretary of the Navy and the Maritime
Administration or the United States Transportation
Command in support of Department of Defense
operations.''.
SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
DEPARTMENT OF DEFENSE SERVICE CONTRACT INVENTORY.
Section 803(c) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2402) is
amended by striking ``180 days'' and inserting ``270 days''.
Subtitle F--Limitations and Extension of Authority
SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY OF
LAW ENFORCEMENT AND EMERGENCY RESPONDER TRAINING.
Section 372 of title 10, United States Code, is amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsection (b).
SEC. 352. AEROSPACE CONTROL ALERT MISSION.
(a) Consolidated Budget Exhibit.--The Secretary of Defense
shall establish a consolidated budget justification display
that fully identifies the baseline aerospace control alert
budget for each of the military services and encompasses all
programs and activities of the aerospace control alert mission
for each of the following functions:
(1) Procurement.
(2) Operation and maintenance.
(3) Research, development, testing, and evaluation.
(4) Military construction.
(b) Report.--
(1) Report to congress.--Not later than April 1,
2013, the Secretary of Defense shall submit to the
congressional defense committees a report that provides
a cost-benefit analysis and risk-based assessment of
the aerospace control alert mission as it relates to
expected future changes to the budget and force
structure of such mission.
(2) Comptroller general review.--Not later than 120
days after the date on which the Secretary submits the
report required by paragraph (1), the Comptroller
General of the United States shall--
(A) conduct a review of the Department of
Defense cost-benefit analysis and risk-based
assessment contained in the report; and
(B) submit to the congressional defense
committees a report on the findings of such
review.
(c) Sense of Congress on the Essential Service Provided by
Air Force Wings Performing Aerospace Control Alert Missions.--
It is the sense of Congress that Air Force wings performing the
24-hour aerospace control alert missions provide an essential
service in defending the sovereign airspace of the United
States in the aftermath of the terrorist attacks upon the
United States on September 11, 2001.
SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR THE
NATIONAL MUSEUM OF THE UNITED STATES ARMY.
Of the amounts authorized to be appropriated for Operation
and Maintenance for fiscal year 2013, not more than $5,000,000
shall be made available for the National Museum of the United
States Army until the Secretary of the Army submits to the
congressional defense committees certification in writing that
sufficient private funding has been raised to fund the
construction of the portion of the museum known as the
``Baseline Museum'' and that at least 50 percent of the
Baseline Museum has been completed.
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OR
INACTIVATION OF TICONDEROGA CLASS CRUISERS OR DOCK
LANDING SHIPS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2013 for the
Department of Defense may be obligated or expended to retire,
prepare to retire, inactivate, or place in storage a cruiser or
dock landing ship.
SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS MEMORIAL
OBJECTS WITHOUT SPECIFIC AUTHORIZATION IN LAW.
(a) Codification of Prohibition.--Section 2572 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(e)(1) Except as provided in paragraph (3), and
notwithstanding this section or any other provision of law, the
President may not transfer a veterans memorial object to a
foreign country or an entity controlled by a foreign
government, or otherwise transfer or convey such an object to
any person or entity for purposes of the ultimate transfer or
conveyance of the object to a foreign country or entity
controlled by a foreign government.
``(2) In this subsection:
``(A) The term `entity controlled by a foreign
government' has the meaning given that term in section
2536(c)(1) of this title.
``(B) The term `veterans memorial object' means any
object, including a physical structure or portion
thereof, that--
``(i) is located at a cemetery of the
National Cemetery System, war memorial, or
military installation in the United States;
``(ii) is dedicated to, or otherwise
memorializes, the death in combat or combat-
related duties of members of the armed forces;
and
``(iii) was brought to the United States
from abroad as a memorial of combat abroad.
``(3) The prohibition imposed by paragraph (1) does not
apply to a transfer of a veterans memorial object if--
``(A) the transfer of that veterans memorial object
is specifically authorized by law; or
``(B) the transfer is made after September 30,
2017.''.
(b) Repeal of Obsolete Source Law.--Section 1051 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 10 U.S.C. 2572 note) is repealed.
Subtitle G--National Commission on the Structure of the Air Force
SEC. 361. SHORT TITLE.
This subtitle may be cited as the ``National Commission on
the Structure of the Air Force Act of 2012''.
SEC. 362. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the National
Commission on the Structure of the Air Force (in this subtitle
referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed
of eight members, of whom--
(A) four shall be appointed by the
President;
(B) one shall be appointed by the Chairman
of the Committee on Armed Services of the
Senate;
(C) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the Senate;
(D) one shall be appointed by the Chairman
of the Committee on Armed Services of the House
of Representatives; and
(E) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the House of Representatives.
(2) Appointment date.--The appointments of the
members of the Commission shall be made not later than
90 days after the date of the enactment of this Act.
(3) Effect of lack of appointment by appointment
date.--If one or more appointments under subparagraph
(A) of paragraph (1) is not made by the appointment
date specified in paragraph (2), the authority to make
such appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by
the number equal to the number of appointments so not
made. If an appointment under subparagraph (B), (C),
(D), or (E) of paragraph (1) is not made by the
appointment date specified in paragraph (2), the
authority to make an appointment under such
subparagraph shall expire, and the number of members of
the Commission shall be reduced by the number equal to
the number otherwise appointable under such
subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to
individuals with expertise in reserve forces policy.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(d) Initial Meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chair.
(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chair and Vice Chairman.--The Commission shall select a
Chair and Vice Chair from among its members.
SEC. 363. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall undertake a
comprehensive study of the structure of the Air Force
to determine whether, and how, the structure should be
modified to best fulfill current and anticipated
mission requirements for the Air Force in a manner
consistent with available resources.
(2) Considerations.--In considering the structure
of the Air Force, the Commission shall give particular
consideration to evaluating a structure that--
(A) meets current and anticipated
requirements of the combatant commands;
(B) achieves an appropriate balance between
the regular and reserve components of the Air
Force, taking advantage of the unique strengths
and capabilities of each;
(C) ensures that the regular and reserve
components of the Air Force have the capacity
needed to support current and anticipated
homeland defense and disaster assistance
missions in the United States;
(D) provides for sufficient numbers of
regular members of the Air Force to provide a
base of trained personnel from which the
personnel of the reserve components of the Air
Force could be recruited;
(E) maintains a peacetime rotation force to
support operational tempo goals of 1:2 for
regular members of the Air Forces and 1:5 for
members of the reserve components of the Air
Force; and
(F) maximizes and appropriately balances
affordability, efficiency, effectiveness,
capability, and readiness.
(b) Report.--Not later than February 1, 2014, the
Commission shall submit to the President and the congressional
defense committees a report which shall contain a detailed
statement of the findings and conclusions of the Commission as
a result of the study required by subsection (a), together with
its recommendations for such legislation and administrative
actions it may consider appropriate in light of the results of
the study.
SEC. 364. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this subtitle.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this subtitle. Upon request of the Chair of the Commission, the
head of such department or agency shall furnish such
information to the Commission.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 365. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may
fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chair of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 366. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on
which the Commission submits its report under section 363.
SEC. 367. FUNDING.
Amounts authorized to be appropriated for fiscal year 2013
and available for operation and maintenance for the Air Force
as specified in the funding table in section 4301 may be
available for the activities of the Commission under this
subtitle.
Subtitle H--Other Matters
SEC. 371. MILITARY WORKING DOG MATTERS.
(a) Retirement of Military Working Dogs.--Section 2583 of
title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Transfer of Retired Military Working Dogs.--If the
Secretary of the military department concerned determines that
a military working dog should be retired, and no suitable
adoption is available at the military facility where the dog is
located, the Secretary may transfer the dog--
``(1) to the 341st Training Squadron; or
``(2) to another location for adoption under this
section.''.
(b) Veterinary Care for Retired Military Working Dogs.--
(1) In general.--Chapter 50 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 994. Military working dogs: veterinary care for retired military
working dogs
``(a) In General.--The Secretary of Defense may establish
and maintain a system to provide for the veterinary care of
retired military working dogs. No funds may be provided by the
Federal Government for this purpose.
``(b) Eligible Dogs.--A retired military working dog
eligible for veterinary care under this section is any military
working dog adopted under section 2583 of this title.
``(c) Standards of Care.--The veterinary care provided
under the system authorized by this section shall meet such
standards as the Secretary shall establish and from time to
time update.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 50 of such title is amended by
adding at the end the following new item:
``994. Military working dogs: veterinary care for retired military
working dogs.''.
SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, LABELING, AND
PACKAGING PROCEDURES FOR HAZARDOUS MATERIAL
SHIPMENTS.
(a) Comptroller General Review.--The Comptroller General of
the United States shall conduct a review of the policies and
procedures of the Department of Defense for the handling,
labeling, and packaging of hazardous material shipments.
(b) Matters Included.--The review conducted under
subsection (a) shall address the following:
(1) The relevant statutes, regulations, and
guidance and policies of the Department of Defense
pertaining to the handling, labeling, and packaging
procedures of hazardous material shipments to support
military operations.
(2) The extent to which such guidance, policies,
and procedures contribute to the safe, timely, and
cost-effective handling of such material.
(3) The extent to which discrepancies in Department
of Transportation guidance, policies, and procedures
pertaining to handling, labeling, and packaging of
hazardous material shipments in commerce and similar
Department of Defense guidance, policies, and
procedures pertaining to the handling, labeling, and
packaging of hazardous material shipments impact the
safe, timely, and cost-effective handling of such
material.
(4) Any additional matters that the Comptroller
General determines will further inform the appropriate
congressional committees on issues related to the
handling, labeling, and packaging procedures for
hazardous material shipments to members of the Armed
Forces worldwide.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the appropriate congressional committees a report of the review
conducted under subsection (a).
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
following:
(1) The congressional defense committees.
(2) The Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular
component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps
Security Guard Program.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2013, as follows:
(1) The Army, 552,100.
(2) The Navy, 322,700.
(3) The Marine Corps, 197,300.
(4) The Air Force, 329,460.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
(a) Minimum End Strength.--Subsection (b) of section 691 of
title 10, United States Code, is amended by striking paragraphs
(1) through (4) and inserting the following new paragraphs:
``(1) For the Army, 542,700.
``(2) For the Navy, 322,700.
``(3) For the Marine Corps, 193,500.
``(4) For the Air Force, 329,460.''.
(b) Limited Reduction Authority.--Such section is further
amended by inserting after subsection (d) the following new
subsection:
``(e) The Secretary of Defense may reduce a number
specified in subsection (b) by not more than 0.5 percent.''.
SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR REGULAR
COMPONENT OF THE ARMY AND MARINE CORPS.
(a) Annual Limitation on Army End Strength Reductions.--The
end strength of the regular component of the Army shall not be
reduced by more than 15,000 members during each of fiscal years
2014 through 2017 from the end strength of the regular
component of the Army at the end of the preceding fiscal year.
(b) Annual Limitation on Marine Corps End Strength
Reductions.--The end strength of the regular component of the
Marine Corps shall not be reduced by more than 5,000 members
during each of fiscal years 2014 through 2017 from the end
strength of the regular component of the Marine Corps at the
end of the preceding fiscal year.
SEC. 404. ADDITIONAL MARINE CORPS PERSONNEL FOR THE MARINE CORPS
SECURITY GUARD PROGRAM.
(a) Additional Personnel.--
(1) In general.--The Secretary of Defense shall
develop and implement a plan to increase the number of
members of the Marine Corps assigned to the Marine
Corps Embassy Security Group at Quantico, Virginia, and
Marine Security Group Regional Commands and Marine
Security Group detachments at United States embassies,
consulates, and other diplomatic facilities by up to
1,000 Marines.
(2) Purpose.--The purpose of the increase under
paragraph (1) is to provide the additional end strength
and the resources necessary to support enhanced Marine
Corps security at United States embassies, consulates,
and other diplomatic facilities, particularly at
locations identified by the Secretary of State as in
need of additional security because of threats to
United States personnel and property.
(b) Consultation.--The Secretary of Defense shall develop
and implement the plan required by subsection (a) in
consultation with the Secretary of State pursuant to the
responsibility of the Secretary of State for diplomatic
security under section 103 of the Diplomatic Security Act (22
U.S.C. 4802), and in accordance with any current memorandum of
understanding between the Department of State and the Marine
Corps on the operational and administrative supervision of the
Marine Corps Security Guard Program.
(c) Supporting Information for Budget Requests.--The
material submitted in support of the budget of the President
for each fiscal year after fiscal year 2013, as submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, shall include the following with regard to the Marine
Corps Security Guard Program:
(1) A description of the expanded security support
to be provided by Marine Corps Security Guards to the
Department of State during that fiscal year,
including--
(A) any increased internal security to be
provided at United States embassies,
consulates, and other diplomatic facilities;
(B) any increased support for emergency
action planning, training, and advising of host
nation security forces; and
(C) any expansion of intelligence
collection activities.
(2) A description of the current status of Marine
Corps personnel assigned to the Marine Corps Security
Guard Program as a result of the plan required by
subsection (a).
(3) A description of the Department of Defense
resources required during that fiscal year for the
Marine Corps Security Guard Program, including total
funding for personnel, operation and maintenance, and
procurement, and for key supporting programs to enable
both the current and expanded Program mission during
that fiscal year.
(d) Preservation of Funding for Marine Corps Under National
Military Strategy.--In determining the amounts to be requested
for each fiscal year after fiscal year 2013 for the Marine
Corps Security Guard Program and for additional personnel under
the Program, the President shall ensure that amounts requested
for the Marine Corps for that fiscal year do not degrade the
readiness of the Marine Corps to fulfill the requirements of
the National Military Strategy prescribed by the Chairman of
the Joint Chiefs of Staff.
(e) Reporting Requirements.--
(1) Mission assessment.--Not later than October 1,
2013, the Secretary of Defense shall--
(A) conduct an assessment of the mission of
the Marine Corps Security Guard Program and the
procedural rules of engagement under the
Program, in light of current and emerging
threats to United States diplomatic personnel;
and
(B) submit to Congress a report on the
assessment, including a description and
assessment of options to improve the Program to
respond to such threats.
(2) Notification of changes in scope of program in
response to changing threats.--If the President
determines that a modification (whether an increase or
a decrease) in the scope of the Marine Corps Security
Guard Program is necessary or advisable in light of any
change in the nature of threats to United States
embassies, consulates, and other diplomatic facilities
abroad, the President shall--
(A) notify Congress of such modification
and the change in the nature of threats
prompting such modification; and
(B) take such modification into account in
requesting an end strength and funds for the
Program for any fiscal year in which such
modification is in effect.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2013, as follows:
(1) The Army National Guard of the United States,
358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 62,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States,
105,700.
(6) The Air Force Reserve, 70,880.
(7) The Coast Guard Reserve, 9,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units
and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2013, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
32,060.
(2) The Army Reserve, 16,277.
(3) The Navy Reserve, 10,114.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
14,765.
(6) The Air Force Reserve, 2,888.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2013 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United
States, 27,210.
(2) For the Army Reserve, 8,395.
(3) For the Air National Guard of the United
States, 22,180.
(4) For the Air Force Reserve, 10,400.
SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided
in section 10217(c)(2) of title 10, United States Code,
the number of non-dual status technicians employed by
the National Guard as of September 30, 2013, may not
exceed the following:
(A) For the Army National Guard of the
United States, 1,600.
(B) For the Air National Guard of the
United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of
September 30, 2013, may not exceed 595.
(3) Air force reserve.--The number of non-dual
status technicians employed by the Air Force Reserve as
of September 30, 2013, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2013, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States,
17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2013 for the use
of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for,
for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2013.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early
retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include
all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for
Regular Navy warrant officers in the grade of Chief Warrant
Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver
limitation for lieutenant colonels and colonels in the Army,
Air Force, and Marine Corps and commanders and captains in the
Navy.
Sec. 507. Modification to limitations on number of officers for whom
service-in-grade requirements may be reduced for retirement in
grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic stress
disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet mission
requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFICERS ON ACTIVE DUTY.
(a) Additional Flag Officer Authorized.--Section 526(a)(2)
of title 10, United States Code, is amended by striking ``160''
and inserting ``162''.
(b) Corresponding Change in Computing Number of Flag
Officers in Staff Corps of the Navy.--Section 5150(c) of such
title is amended by striking the last sentence.
(c) Modification of Effective Date of Certain Reforms of
the Strength and Distribution Limitations Applicable to Marine
Corps General Officers.--Paragraph (3) of section 502(b) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1387; 10 U.S.C. 525 note) is amended to
read as follows:
``(3) Effective dates.--
``(A) In general.--Except as provided in
subparagraph (B), the amendments made by this
subsection shall take effect on October 1,
2013.
``(B) Marine corps officers.--The
amendments made by paragraphs (1)(A)(iv) and
(2)(D) shall take effect on October 1, 2012.''.
SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE EARLY
RETIREMENT BOARDS AND EARLY DISCHARGES.
Section 638a of title 10 United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking ``, during the period
beginning on October 1, 1990,'' and all that
follows through ``December 31, 2012,''; and
(C) by adding at the end the following new
paragraph:
``(2) Any authority provided to the Secretary of a military
department under paragraph (1) shall expire on the date
specified by the Secretary of Defense, but such expiration date
may not be later than December 31, 2018.'';
(2) in subsection (b), by striking paragraph (3)
and redesignating paragraph (4) as paragraph (3);
(3) in subsection (c), by adding at the end the
following new paragraph:
``(4) In the case of an action under subsection (b)(2), the
Secretary of Defense may also authorize the Secretary of the
military department concerned to waive the five-year period
specified in section 638(c) of this title if the Secretary of
Defense determines that it is necessary for the Secretary of
that military department to have such authority in order to
meet mission needs.''; and
(4) in subsection (d)--
(A) by striking ``subsection (b)(4)'' each
place it appears and inserting ``subsection
(b)(3)''; and
(B) in paragraph (2), by striking ``except
that during the period beginning on October 1,
2006, and ending on December 31, 2012,'' in
subparagraphs (A) and (B) and inserting
``except that through December 31, 2018,''.
SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT TO
INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT
TRAINING AND EDUCATION.
Section 668(b)(1)(B) of title 10, United States Code, is
amended by striking ``assignments for joint'' and all that
follows through ``Phase II'' and inserting ``student
assignments for joint training and education''.
SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS OF SERVICE
FOR REGULAR NAVY WARRANT OFFICERS IN THE GRADE OF
CHIEF WARRANT OFFICER, W-5.
Section 1305(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``A regular warrant officer
(other than a regular Army warrant officer)''
and inserting ``Subject to paragraphs (2) and
(3), a regular warrant officer''; and
(B) by striking ``he'' and inserting ``the
officer''; and
(2) by adding at the end the following new
paragraph:
``(3) In the case of a regular Navy warrant officer in the
grade of chief warrant officer, W-5, the officer shall be
retired 60 days after the date on which the officer completes
33 years of total active service.''.
SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF
ACTIVE SERVICE AS A COMMISSIONED OFFICER REQUIRED
FOR VOLUNTARY RETIREMENT AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States
Code, is amended by striking ``September 30, 2013'' and
inserting ``September 30, 2018''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such
title is amended by striking ``September 30, 2013'' and
inserting ``September 30, 2018''.
(c) Air Force.--Section 8911(b)(2) of such title is amended
by striking ``September 30, 2013'' and inserting ``September
30, 2018''.
SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT WAIVER
LIMITATION FOR LIEUTENANT COLONELS AND COLONELS IN
THE ARMY, AIR FORCE, AND MARINE CORPS AND
COMMANDERS AND CAPTAINS IN THE NAVY.
Section 1370(a)(2)(F) of title 10, United States Code, is
amended--
(1) by striking ``the period ending on December 31,
2007'' and inserting ``fiscal years 2013 through
2018'';
(2) by striking ``Air Force'' and inserting ``Army,
Air Force, and Marine Corps''; and
(3) by striking ``in the period''.
SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS FOR WHOM
SERVICE-IN-GRADE REQUIREMENTS MAY BE REDUCED FOR
RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT.
Section 1370(a)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (E)--
(A) by inserting ``(i)'' after ``exceed'';
and
(B) by inserting before the period at the
end the following: ``or (ii) in the case of
officers of that armed force in a grade
specified in subparagraph (G), two officers,
whichever number is greater''; and
(2) by adding at the end the following new
subparagraph:
``(G) Notwithstanding subparagraph (E), during fiscal years
2013 through 2017, the total number of brigadier generals and
major generals of the Army, Air Force, and Marine Corps, and
the total number of rear admirals (lower half) and rear
admirals of the Navy, for whom a reduction is made under this
section during any fiscal year of service-in-grade otherwise
required under this paragraph may not exceed 10 percent of the
authorized active-duty strength for that fiscal year for
officers of that armed force in those grades.''.
SEC. 508. AIR FORCE CHIEF OF CHAPLAINS.
(a) Establishment of Positions; Appointment.--Chapter 805
of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 8039. Chief of Chaplains: appointment; duties
``(a) Chief of Chaplains.--(1) There is a Chief of
Chaplains in the Air Force, appointed by the President, by and
with the advice and consent of the Senate, from officers of the
Air Force designated under section 8067(h) of this title as
chaplains who--
``(A) are serving in the grade of colonel or above;
``(B) are serving on active duty; and
``(C) have served on active duty as a chaplain for
at least eight years.
``(2) An officer appointed as the Chief of Chaplains shall
be appointed for a term of three years. However, the President
may terminate or extend the appointment at any time.
``(3) The Chief of Chaplains shall perform such duties as
may be prescribed by the Secretary of the Air Force and by law.
``(b) Selection Board.--Under regulations approved by the
Secretary of Defense, the Secretary of the Air Force, in
selecting an officer for recommendation to the President for
appointment as the Chief of Chaplains, shall ensure that the
officer selected is recommended by a board of officers that,
insofar as practicable, is subject to the procedures applicable
to the selection boards convened under chapter 36 of this
title.
``(c) Grade.--An officer appointed as Chief of Chaplains
who holds a lower regular grade may be appointed in the regular
grade of major general.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8039. Chief of Chaplains: appointment; duties.''.
Subtitle B--Reserve Component Management
SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS FOR JOINT STAFF
RELATED TO NATIONAL GUARD AND RESERVE MATTERS.
(a) Codification of Existing Positions.--Chapter 5 of title
10, United States Code, is amended by inserting after section
155 the following new section:
``Sec. 155a. Assistants to the Chairman of the Joint Chiefs of Staff
for National Guard matters and Reserve matters
``(a) Establishment of Positions.--The Secretary of Defense
shall establish the following positions within the Joint Staff:
``(1) Assistant to the Chairman of the Joint Chiefs
of Staff for National Guard Matters.
``(2) Assistant to the Chairman of the Joint Chiefs
of Staff for Reserve Matters.
``(b) Selection.--(1) The Assistant to the Chairman of the
Joint Chiefs of Staff for National Guard Matters shall be
selected by the Chairman from officers of the Army National
Guard of the United States or the Air Guard of the United
States who--
``(A) are recommended for such selection by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of
Columbia National Guard;
``(B) have had at least 10 years of federally
recognized commissioned service in the National Guard
and significant joint duty experience, as determined by
the Chairman; and
``(C) are in a grade above the grade of colonel.
``(2) The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters shall be selected by the Chairman
from officers of the Army Reserve, the Navy Reserve, the Marine
Corps Reserve, or the Air Force Reserve who--
``(A) are recommended for such selection by the
Secretary of the military department concerned;
``(B) have had at least 10 years of commissioned
service in their reserve component and significant
joint duty experience, as determined by the Chairman;
and
``(C) are in a grade above the grade of colonel or,
in the case of the Navy Reserve, captain.
``(c) Term of Office.--Each Assistant to the Chairman of
the Joint Chiefs of Staff under subsection (a) serves at the
pleasure of the Chairman for a term of two years and may be
continued in that assignment in the same manner for one
additional term. However, in time of war there is no limit on
the number of terms.
``(d) Grade.--Each Assistant to the Chairman of the Joint
Chiefs of Staff under subsection (a), while so serving, holds
the grade of major general or, in the case of the Navy Reserve,
rear admiral. Each such officer shall be considered to be
serving in a position covered by the limited exclusion from the
authorized strength of general officers and flag officers on
active duty provided by section 526(b) of this title.
``(e) Duties.--(1) The Assistant to the Chairman of the
Joint Chiefs of Staff for National Guard Matters is an adviser
to the Chairman on matters relating to the National Guard and
performs the duties prescribed for that position by the
Chairman.
``(2) The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters is an adviser to the Chairman on
matters relating to the reserves and performs the duties
prescribed for that position by the Chairman.
``(f) Other Reserve Component Representation on Joint
Staff.--The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, shall develop
appropriate policy guidance to ensure that, to the maximum
extent practicable, the level of representation of reserve
component officers on the Joint Staff is commensurate with the
significant role of the reserve components within the armed
forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 155 the following new item:
``155a. Assistants to the Chairman of the Joint Chiefs of Staff for
National Guard matters and Reserve matters.''.
(c) Repeal of Superseded Law.--Section 901 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 10 U.S.C. 155 note) is repealed.
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF CERTAIN
NATIONAL GUARD WARRANT OFFICERS.
Section 310(a) of title 32, United States Code, is
amended--
(1) by inserting ``(1)'' before
``Notwithstanding''; and
(2) by adding at the end the following new
paragraph:
``(2) Notwithstanding sections 307 and 309 of this title,
if a warrant officer, W-1, of the National Guard is promoted to
the grade of chief warrant officer, W-2, to fill a vacancy in a
federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade of chief warrant officer, W-2, effective as of the date
on which that officer has completed the service in the grade
prescribed by the Secretary concerned under section 12242 of
title 10, if the warrant officer has remained in an active
status since the warrant officer was so recommended.''.
SEC. 513. AVAILABILITY OF TRANSITION ASSISTANCE ADVISORS TO ASSIST
MEMBERS OF RESERVE COMPONENTS WHO SERVE ON ACTIVE
DUTY FOR MORE THAN 180 CONSECUTIVE DAYS.
(a) Transition Assistance Advisor Program Authorized.--The
Chief of the National Guard Bureau may establish a program to
provide professionals (to be known as Transition Assistance
Advisors) in each State to serve as points of contact to assist
eligible members of the reserve components in accessing
benefits and health care furnished under laws administered by
the Secretary of Defense and benefits and health care furnished
under laws administered by the Secretary of Veterans Affairs.
(b) Eligible Members.--To be eligible for assistance under
this section, a member of a reserve component must have served
on active duty in the Armed Forces for a period of more than
180 consecutive days.
(c) Duties.--The duties of a Transition Assistance Advisor
include the following:
(1) To assist with the creation and execution of an
individual transition plan for an eligible member of a
reserve component and dependents of the member for the
reintegration of the member into civilian life.
(2) To provide employment support services to the
member and dependents of the member, including
assistance with finding employment opportunities and
identifying and obtaining assistance from programs
within and outside of the Federal Government.
(3) To provide information on relocation, health
care, mental health care, and financial support
services available to the member and dependents of the
member from the Department of Defense, the Department
of Veterans Affairs, and other Federal, State, and
local agencies.
(4) To provide information on educational support
services available to the member, including Post-9/11
Educational Assistance under chapter 33 of title 38,
United States Code.
(d) Transition Plans.--The individual transition plan
referred to in subsection (c)(1) created for an eligible member
of a reserve component shall include at a minimum the
following:
(1) A plan for the transition of the member to
civilian life, including with respect to employment,
education, and health care.
(2) A description of the transition services that
the member and dependents of the member will need to
achieve their transition objectives, including
information on any forms that the member will need to
fill out to be eligible for such services.
(3) A point of contact for each agency or entity
that can provide the transition services described in
paragraph (2).
(4) Such other information determined to be
essential for the transition of the member, as
determined by the Chief of the National Guard Bureau in
consultation with the Secretary of Defense and the
Secretary of Veterans Affairs.
(e) Funding.--Funding for Transition Assistance Advisors
for a fiscal year shall be derived from amounts authorized to
be appropriated for operation and maintenance for the National
Guard for that fiscal year.
(f) State Defined.--In this section, the term ``State''
means each of the several States of the United States, the
District of Columbia, and any territory of the United States.
Subtitle C--General Service Authorities
SEC. 518. AUTHORITY FOR ADDITIONAL BEHAVIORAL HEALTH PROFESSIONALS TO
CONDUCT PRE-SEPARATION MEDICAL EXAMS FOR POST-
TRAUMATIC STRESS DISORDER.
Section 1177(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``or
psychiatrist'' and inserting ``psychiatrist, licensed
clinical social worker, or psychiatric advanced
practice registered nurse''; and
(2) in paragraph (3), by striking ``or
psychiatrist'' and inserting ``, psychiatrist, licensed
clinical social worker, or psychiatric advanced
practice registered nurse''.
SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED REPORTING
REQUIREMENTS.
(a) Plan to Achieve Military Leadership Reflecting
Diversity of United States Population.--
(1) In general.--Chapter 37 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 656. Diversity in military leadership: plan
``(a) Plan.--The Secretary of Defense (and the Secretary of
Homeland Security in the case of the Coast Guard when it is not
operating as a service in the Department of the Navy) shall
develop and implement a plan to accurately measure the efforts
of the Department of Defense and the Coast Guard to achieve a
dynamic, sustainable level of members of the armed forces
(including reserve components) that, among both commissioned
officers and senior enlisted personnel of each armed force,
will reflect the diverse population of the United States
eligible to serve in the armed forces, including gender
specific, racial, and ethnic populations. Any metric
established pursuant to this subsection may not be used in a
manner that undermines the merit-based processes of the
Department of Defense and the Coast Guard, including such
processes for accession, retention, and promotion. Such metrics
may not be combined with the identification of specific quotas
based upon diversity characteristics. The Secretary concerned
shall continue to account for diversified language and cultural
skills among the total force of the armed forces.
``(b) Metrics to Measure Progress in Developing and
Implementing Plan.--In developing and implementing the plan
under subsection (a), the Secretary of Defense and the
Secretary of Homeland Security shall develop a standard set of
metrics and collection procedures that are uniform across the
armed forces. The metrics required by this subsection shall be
designed--
``(1) to accurately capture the inclusion and
capability aspects of the armed forces' broader
diversity plans, including race, ethnic, and gender
specific groups, as potential factors of force
readiness that would supplement continued accounting by
the Department of Defense and the Coast Guard of
diversified language and cultural skills among the
total force as part of the assessment of current and
future national security needs; and
``(2) to be verifiable and systematically linked to
strategic plans that will drive improvements.
``(c) Definition of Diversity.--In developing and
implementing the plan under subsection (a), the Secretary of
Defense and the Secretary of Homeland Security shall develop a
uniform definition of diversity.
``(d) Consultation.--Not less than annually, the Secretary
of Defense and the Secretary of Homeland Security shall meet
with the Secretaries of the military departments, the Joint
Chiefs of Staff, the Commandant of the Coast Guard, and senior
enlisted members of the armed forces to discuss the progress
being made toward developing and implementing the plan
established under subsection (a).
``(e) Cooperation With States.--The Secretary of Defense
shall coordinate with the National Guard Bureau and States in
tracking the progress of the National Guard toward developing
and implementing the plan established under subsection (a).''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``656. Diversity in military leadership: plan.''.
(b) Inclusion in DOD Manpower Requirements Report.--Section
115a of such title is amended by inserting after subsection (f)
the following new subsection:
``(g) In each report submitted under subsection (a) during
fiscal years 2013 through 2017, the Secretary shall also
include a detailed discussion of the following:
``(1) The progress made in implementing the plan
required by section 656 of this title to accurately
measure the efforts of the Department to reflect the
diverse population of the United States eligible to
serve in the armed forces.
``(2) The number of members of the armed forces,
including reserve components, listed by gender and race
or ethnicity for each rank under each military
department.
``(3) The number of members of the armed forces,
including reserve components, who were promoted during
the year covered by the report, listed by gender and
race or ethnicity for each rank under each military
department.
``(4) The number of members of the armed forces,
including reserve components, who reenlisted or
otherwise extended the commitment to military service
during the year covered by the report, listed by gender
and race or ethnicity for each rank under each military
department.
``(5) The available pool of qualified candidates
for the general officer grades of general and
lieutenant general and the flag officer grades of
admiral and vice admiral.''.
(c) Coast Guard Report.--
(1) Annual report required.--The Secretary of
Homeland Security (or the Secretary of the Navy in the
event the Coast Guard is operating as a service in the
Department of the Navy) shall prepare an annual report
addressing diversity among commissioned officers of the
Coast Guard and Coast Guard Reserve and among enlisted
personnel of the Coast Guard and Coast Guard Reserve.
The report shall include--
(A) an assessment of the available pool of
qualified candidates for the flag officer
grades of admiral and vice admiral;
(B) the number of such officers and
personnel, listed by gender and race or
ethnicity for each rank;
(C) the number of such officers and
personnel who were promoted during the year
covered by the report, listed by gender and
race or ethnicity for each rank; and
(D) the number of such officers and
personnel who reenlisted or otherwise extended
the commitment to the Coast Guard during the
year covered by the report, listed by gender
and race or ethnicity for each rank.
(2) Submission.--The report under paragraph (1)
shall be submitted during each of fiscal years 2013
through 2017 not later than 45 days after the date on
which the President submits to Congress the budget for
the next fiscal year under section 1105 of title 31,
United States Code. Each report shall be submitted to
the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Homeland Security of the House of Representatives, and
the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND CIVILIAN
PERSONNEL ASSIGNED TO DUTY WITH SERVICE REVIEW
AGENCIES.
Section 1559(a) of title 10, United States Code, is amended
by striking ``December 31, 2013'' and inserting ``December 31,
2016''.
SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED LEAVE
CARRYOVER FOR MEMBERS OF THE ARMED FORCES.
Section 701(d) of title 10, United States Code, is amended
by striking ``September 30, 2013'' and inserting ``September
30, 2015''.
SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER
FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE
ARMED FORCES.
(a) Extension of Programs to Certain Active Guard and
Reserve Personnel.--Section 533 of Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec.
701 note) is amended--
(1) in subsection (a)(1), by inserting ``and
members on active Guard and Reserve duty'' after
``officers and enlisted members of the regular
components'';
(2) by redesignating subsection (l) as subsection
(m); and
(3) by inserting after subsection (k) the following
new subsection (l):
``(l) Definition.--In this section, the term `active Guard
and Reserve duty' has the meaning given that term in section
101(d)(6) of title 10, United States Code.''.
(b) Authority To Carry Forward Unused Accrued Leave.--
Subsection (h) of such section is amended by adding at the end
the following new paragraph:
``(5) Leave.--A member who participates in a pilot
program is entitled to carry forward the leave balance
existing as of the day on which the member begins
participation and accumulated in accordance with
section 701 of title 10, United States Code, but not to
exceed 60 days.''.
(c) Authority for Disability Processing.--Subsection (j) of
such section is amended--
(1) in the subsection heading, by striking
``Medical and Dental Care'' and inserting ``Continued
Entitlements'';
(2) by striking ``for purposes of the entitlement''
and inserting ``for purposes of--
``(1) the entitlement'';
(3) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new
paragraph:
``(2) retirement or separation for physical
disability under the provisions of chapters 55 and 61
of title 10, United States Code.''.
SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING OR ENLISTMENT IN THE
ARMED FORCES FOR ANY INDIVIDUAL CONVICTED OF A
FELONY SEXUAL OFFENSE.
An individual may not be provided a waiver for
commissioning or enlistment in the Armed Forces if the
individual has been convicted under Federal or State law of a
felony offense of any of the following:
(1) Rape.
(2) Sexual abuse.
(3) Sexual assault.
(4) Incest.
(5) Any other sexual offense.
SEC. 524. QUALITY REVIEW OF MEDICAL EVALUATION BOARDS, PHYSICAL
EVALUATION BOARDS, AND PHYSICAL EVALUATION BOARD
LIAISON OFFICERS.
(a) In General.--The Secretary of Defense shall
standardize, assess, and monitor the quality assurance programs
of the military departments to evaluate the following in the
performance of their duties (including duties under chapter 61
of title 10, United States Code):
(1) Medical Evaluation Boards.
(2) Physical Evaluation Boards.
(3) Physical Evaluation Board Liaison Officers.
(b) Objectives.--The objectives of the quality assurance
program shall be as follows:
(1) To ensure accuracy and consistency in the
determinations and decisions of Medical Evaluation
Boards and Physical Evaluation Boards.
(2) To otherwise monitor and sustain proper
performance of the duties of Medical Evaluation Boards
and Physical Evaluation Boards, and of Physical
Evaluation Board Liaison Officers.
(3) Such other objectives as the Secretary shall
specify for purposes of the quality assurance program.
(c) Reports.--
(1) Report on implementation.--Not later than 180
days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress a report setting forth the plan of the
Secretary for the implementation of the requirements of
this section.
(2) Annual reports.--Not later than one year after
the date of the submittal of the report required by
paragraph (1), and annually thereafter for the next
four years, the Secretary shall submit to the
appropriate committees of Congress a report setting
forth an assessment of the implementation of the
requirements of this section during the one-year period
ending on the date of the report under this paragraph.
Each report shall include, in particular, an assessment
of the extent to which the quality assurance program
under the requirements of this section meets the
objectives specified in subsection (b).
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF THE ARMED
FORCES.
(a) Periodic Reports Required.--Not later than 30 days
after the end of each half-year period during calendar years
2013 and 2014, the Secretary of each military department shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the number of members
of the regular components of the Armed Forces under the
jurisdiction of such Secretary who were involuntarily separated
from active duty in the Armed Forces (for reasons other than
for cause) to meet force reduction requirements during the six-
month period covered by the report.
(b) Elements.--Each report on an Armed Force under
subsection (a) shall set forth the following for the period
covered by the report:
(1) The total number members of that Armed Force
involuntarily separated from active duty in the Armed
Forces (for reasons other than for cause) to meet force
reduction requirements.
(2) The number of members covered by paragraph (1)
separately set forth by grade, by total years of
service in the Armed Forces at the time of separation,
and by military occupational specialty or rating (or
competitive category in the case of officers).
(3) The number of members covered by paragraph (1)
who received involuntary separation pay, or who are
authorized to receive temporary retired pay, in
connection with the separation.
(4) The number of members covered by paragraph (1)
who completed transition assistance programs relating
to future employment.
(5) The average number of months members covered by
paragraph (1) were deployed to overseas contingency
operations, separately set forth by grade.
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL
OCCUPATIONAL STANDARDS FOR MILITARY OCCUPATIONAL
SPECIALTIES CURRENTLY CLOSED TO WOMEN.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report evaluating the
feasibility of incorporating gender-neutral occupational
standards for military occupational specialties closed, as of
the date of the enactment of this Act, to female members of the
Armed Forces.
SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION RATES FOR
PILOTS OF REMOTELY PILOTED AIRCRAFT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force and the Chief of Staff of the Air Force shall jointly
submit to the congressional defense committees a report on
education and training and promotion rates for Air Force pilots
of remotely piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed analysis of the reasons for
persistently lower average education and training and
promotion rates for Air Force pilots of remotely
piloted aircraft.
(2) An assessment of the long-term impact on the
Air Force of the sustainment of such lower rates.
(3) A plan to raise such rates, including--
(A) a description of the near-term and
longer-term actions the Air Force intends to
undertake to implement the plan; and
(B) an analysis of the potential direct and
indirect impacts of the plan on the achievement
and sustainment of the combat air patrol
objectives of the Air Force for remotely
piloted aircraft.
SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE INTEGRATED DISABILITY
EVALUATION SYSTEM ON READINESS OF ARMED FORCES TO
MEET MISSION REQUIREMENTS.
(a) Annual Impact Statement.--In the materials submitted to
Congress in support of the budget for the Department of Defense
for each of fiscal years 2014 through 2018, the Secretary of
each military department shall include a statement concerning
the extent to which the number of members of an Armed Force
under the jurisdiction of the Secretary who are within the
Integrated Disability Evaluation System impacts--
(1) the readiness of that Armed Force to meet on-
going mission requirements; and
(2) dwell time for other members of that Armed
Force.
(b) Response Plan.--If the statement of the Secretary of a
military department under subsection (a) for a fiscal year
concludes that an adverse impact on readiness or dwell time of
an Armed Force is occurring, the Secretary shall include with
the budget materials a plan describing how the Armed Force will
mitigate the impact.
Subtitle D--Military Justice and Legal Matters
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE ROLE OF STAFF JUDGE
ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.
(a) Appointment by the President and Permanent Appointment
to Grade of Major General.--Subsection (a) of section 5046 of
title 10, United States Code, is amended--
(1) in the first sentence, by striking ``detailed''
and inserting ``appointed by the President, by and with
the advice and consent of the Senate,''; and
(2) by striking the second sentence and inserting
the following new sentence: ``If the officer to be
appointed as the Staff Judge Advocate to the Commandant
of the Marine Corps holds a grade lower than the grade
of major general immediately before the appointment,
the officer shall be appointed in the grade of major
general.''.
(b) Duties, Authority, and Accountability.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) The Staff Judge Advocate to the Commandant of the
Marine Corps, under the direction of the Commandant of the
Marine Corps and the Secretary of the Navy, shall--
``(1) perform such duties relating to legal matters
arising in the Marine Corps as may be assigned to the
Staff Judge Advocate;
``(2) perform the functions and duties, and
exercise the powers, prescribed for the Staff Judge
Advocate to the Commandant of the Marine Corps in
chapter 47 (the Uniform Code of Military Justice) and
chapter 53 of this title; and
``(3) perform such other duties as may be assigned
to the Staff Judge Advocate.''.
(c) Composition of Headquarters, Marine Corps.--Section
5041(b) of such title is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) The Staff Judge Advocate to the Commandant of
the Marine Corps.''.
(d) Supervision of Certain Legal Services.--
(1) Administration of military justice.--Section
806(a) of such title (article 6(a) of the Uniform Code
of Military Justice) is amended in the third sentence
by striking ``The Judge Advocate General'' and all that
follows through ``shall'' and inserting ``The Judge
Advocates General, and within the Marine Corps the
Staff Judge Advocate to the Commandant of the Marine
Corps, or senior members of their staffs, shall''.
(2) Delivery of legal assistance.--Section 1044(b)
of such title is amended by inserting ``, and within
the Marine Corps the Staff Judge Advocate to the
Commandant of the Marine Corps,'' after ``jurisdiction
of the Secretary''.
SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS OF THE
COMMITTEE ON THE UNIFORM CODE OF MILITARY JUSTICE.
Subsection (c)(2) of section 946 of title 10, United States
Code (article 146 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating subparagraph (B) as
subparagraph (C); and
(2) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) Information from the Judge Advocates General
and the Staff Judge Advocate to the Commandant of the
Marine Corps on the following:
``(i) The appellate review process,
including--
``(I) information on compliance
with processing time goals;
``(II) discussions of the
circumstances surrounding cases in
which general court-martial or special
court-martial convictions are reversed
as a result of command influence or
denial of the right to a speedy review
or otherwise remitted due to loss of
records of trial or other
administrative deficiencies; and
``(III) discussions of cases in
which a provision of this chapter is
held unconstitutional.
``(ii) Measures implemented by each armed
force to ensure the ability of judge advocates
to competently participate as trial and defense
counsel in, and preside as military judges
over, capital cases, national security cases,
sexual assault cases, and proceedings of
military commissions.
``(iii) The independent views of the Judge
Advocates General and the Staff Judge Advocate
to the Commandant of the Marine Corps on the
sufficiency of resources available within their
respective armed forces, including total
workforce, funding, training, and officer and
enlisted grade structure, to capably perform
military justice functions.''.
SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED
FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) Protection of Rights of Conscience.--
(1) Accommodation.--The Armed Forces shall
accommodate the beliefs of a member of the armed forces
reflecting the conscience, moral principles, or
religious beliefs of the member and, in so far as
practicable, may not use such beliefs as the basis of
any adverse personnel action, discrimination, or denial
of promotion, schooling, training, or assignment.
(2) Disciplinary or administrative action.--Nothing
in paragraph (1) precludes disciplinary or
administrative action for conduct that is proscribed by
chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), including actions and speech
that threaten good order and discipline.
(b) Protection of Chaplain Decisions Relating to
Conscience, Moral Principles, or Religious Beliefs.--No member
of the Armed Forces may--
(1) require a chaplain to perform any rite, ritual,
or ceremony that is contrary to the conscience, moral
principles, or religious beliefs of the chaplain; or
(2) discriminate or take any adverse personnel
action against a chaplain, including denial of
promotion, schooling, training, or assignment, on the
basis of the refusal by the chaplain to comply with a
requirement prohibited by paragraph (1).
(c) Regulations.--The Secretary of Defense shall issue
regulations implementing the protections afforded by this
section.
SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES.
(a) Reports Required.--Not later than 180 days after the
date of the enactment of this Act, each Secretary of a military
department (and the Secretary of Homeland Security in the case
of the Coast Guard) shall submit to the congressional
committees specified in subsection (c) a report on hazing in
each Armed Force under the jurisdiction of the Secretary.
(b) Elements.--The report on an Armed Force required by
subsection (a) shall include the following:
(1) An evaluation of the definition of hazing
contained in the Secretary of Defense Policy Memorandum
dated August 28, 1997.
(2) A discussion of the policies of the Armed Force
for preventing and responding to incidents of hazing.
(3) A description of the methods implemented to
track and report, including report anonymously,
incidents of hazing in the Armed Force.
(4) An assessment by the Secretary submitting the
report of the following:
(A) The scope of the problem of hazing in
the Armed Force.
(B) The training on recognizing and
preventing hazing provided members of the Armed
Force.
(C) The actions taken to prevent and
respond to hazing incidents in the Armed Force.
(D) The extent to which the Uniform Code of
Military Justice specifically addresses the
prosecution of persons subject to the Code who
are alleged to have committed hazing.
(E) The feasibility of establishing a
database to track, respond to, and resolve
incidents of hazing.
(5) A description of the additional actions, if
any, the Secretary submitting the report proposes to
take to further address the incidence of hazing in the
Armed Force.
(6) Any recommended changes to the Uniform Code of
Military Justice or the Manual for Courts-Martial to
improve the prosecution of persons alleged to have
committed hazing in the Armed Forces.
(c) Submission of Reports.--The reports required by
subsection (a) shall be submitted--
(1) to the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(2) to the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
Subtitle E--Member Education and Training Opportunities and
Administration
SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF
EDUCATION TO DEPARTMENT OF DEFENSE AND ENHANCEMENTS
TO THE PROGRAM.
(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the Troops-to-Teachers
Program in chapter A of subpart 1 of part C of title II
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6671 et seq.) is transferred from the
Secretary of Education to the Secretary of Defense.
(2) Memorandum of agreement.--In connection with
the transfer of responsibility and authority for
operation and administration of the Troops-to-Teachers
Program from the Secretary of Education to the
Secretary of Defense under paragraph (1), the
Secretaries shall enter into a memorandum of agreement
pursuant to which the Secretary of Education will
undertake the following:
(A) Disseminate information about the
Troops-to-Teachers Program to eligible schools
(as defined in subsection (a) of section 1154
of title 10, United States Code, as added by
subsection (b)).
(B) Advise the Department of Defense on how
to prepare eligible members of the Armed Forces
described in subsection (d) of such section
1154 to become participants in the Program, to
meet the requirements necessary to become a
teacher in a school described in subsection
(b)(2) of such section 1154, and to find post-
service employment in an eligible school.
(C) Advise the Department of Defense on how
to identify teacher preparation programs for
participants in the Program.
(D) Inform the Department of Defense of
academic subject areas with critical teacher
shortages.
(E) Identify geographic areas with critical
teacher shortages, especially in high-need
schools (as defined in subsection (a) of such
section 1154).
(3) Effective date.--The transfer of responsibility
and authority for operation and administration of the
Troops-to-Teachers Program under paragraph (1) shall
take effect--
(A) on the first day of the first month
beginning more than 90 days after the date of
the enactment of this Act; or
(B) on such earlier date as the Secretary
of Education and the Secretary of Defense may
jointly provide.
(b) Enactment of Program Authority in Title 10, United
States Code.--
(1) In general.--Chapter 58 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 1154. Assistance to eligible members and former members to
obtain employment as teachers: Troops-to-Teachers
Program
``(a) Definitions.--In this section:
``(1) Charter school.--The term `charter school'
has the meaning given that term in section 5210(1) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i(1)).
``(2) Eligible school.--The term `eligible school'
means--
``(A) a public school, including a charter
school, at which--
``(i) at least 30 percent of the
students enrolled in the school are
from families with incomes below 185
percent of poverty level (as defined by
the Office of Management and Budget and
revised at least annually in accordance
with section 9(b)(1) of the Richard B.
Russell National School Lunch Act (42
U.S.C. 1758(b)(1)) applicable to a
family of the size involved; or
``(ii) at least 13 percent of the
students enrolled in the school qualify
for assistance under part B of the
Individuals with Disabilities Education
Act (20 U.S.C.1411 et seq.); or
``(B) a Bureau-funded school as defined in
section 1141(3) of the Education Amendments of
1978 (25 U.S.C. 2021(3)).
``(3) High-need school.--The term `high-need
school' means--
``(A) an elementary or middle school in
which at least 50 percent of the enrolled
students are children from low-income families,
based on the number of children eligible for
free and reduced priced lunches under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), the number of
children in families receiving assistance under
the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.), the number of children eligible to
receive medical assistance under the Medicaid
program, or a composite of these indicators;
``(B) a high school in which at least 40
percent of enrolled students are children from
low-income families, which may be calculated
using comparable data from feeder schools; or
``(C) a school that is in a local
educational agency that is eligible under
section 6211(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7345(b)).
``(4) Member of the armed forces.--The term `member
of the armed forces' includes a retired or former
member of the armed forces.
``(5) Participant.--The term `participant' means an
eligible member of the armed forces selected to
participate in the Program.
``(6) Program.--The term `Program' means the
Troops-to-Teachers Program authorized by this section.
``(7) Secretary.--The term `Secretary' means the
Secretary of Defense.
``(8) Additional terms.--The terms `elementary
school', `local educational agency', `secondary
school', and `State' have the meanings given those
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary of Defense may
carry out a Troops-to-Teachers Program--
``(1) to assist eligible members of the armed
forces described in subsection (d) to meet the
requirements necessary to become a teacher in a school
described in paragraph (2); and
``(2) to facilitate the employment of such
members--
``(A) by local educational agencies or
charter schools that the Secretary of Education
identifies as--
``(i) receiving grants under part A
of title I of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) as a result of
having within their jurisdictions
concentrations of children from low-
income families; or
``(ii) experiencing a shortage of
teachers, in particular a shortage of
science, mathematics, special
education, foreign language, or career
or technical teachers; and
``(B) in elementary schools or secondary
schools, or as career or technical teachers.
``(c) Counseling and Referral Services.--The Secretary may
provide counseling and referral services to members of the
armed forces who do not meet the eligibility criteria described
in subsection (d), including the education qualification
requirements under paragraph (3)(B) of such subsection.
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of
the armed forces are eligible for selection to
participate in the Program:
``(A) Any member who--
``(i) on or after October 1, 1999,
becomes entitled to retired or retainer
pay under this title or title 14;
``(ii) has an approved date of
retirement that is within one year
after the date on which the member
submits an application to participate
in the Program; or
``(iii) has been transferred to the
Retired Reserve.
``(B) Any member who, on or after January
8, 2002--
``(i)(I) is separated or released
from active duty after four or more
years of continuous active duty
immediately before the separation or
release; or
``(II) has completed a total of at
least six years of active duty service,
six years of service computed under
section 12732 of this title, or six
years of any combination of such
service; and
``(ii) executes a reserve
commitment agreement for a period of
not less than three years under
paragraph (5)(B).
``(C) Any member who, on or after January
8, 2002, is retired or separated for physical
disability under chapter 61 of this title.
``(2) Submission of applications.--(A) Selection of
eligible members of the armed forces to participate in
the Program shall be made on the basis of applications
submitted to the Secretary within the time periods
specified in subparagraph (B). An application shall be
in such form and contain such information as the
Secretary may require.
``(B) In the case of an eligible member of the
armed forces described in subparagraph (A)(i), (B), or
(C) of paragraph (1), an application shall be
considered to be submitted on a timely basis if the
application is submitted not later than three years
after the date on which the member is retired,
separated, or released from active duty, whichever
applies to the member.
``(3) Selection criteria; educational background
requirements; honorable service requirement.--(A) The
Secretary shall prescribe the criteria to be used to
select eligible members of the armed forces to
participate in the Program.
``(B) If a member of the armed forces is applying
for the Program to receive assistance for placement as
an elementary school or secondary school teacher, the
Secretary shall require the member to have received a
baccalaureate or advanced degree from an accredited
institution of higher education.
``(C) If a member of the armed forces is applying
for the Program to receive assistance for placement as
a career or technical teacher, the Secretary shall
require the member--
``(i) to have received the equivalent of
one year of college from an accredited
institution of higher education or the
equivalent in military education and training
as certified by the Department of Defense; or
``(ii) to otherwise meet the certification
or licensing requirements for a career or
technical teacher in the State in which the
member seeks assistance for placement under the
Program.
``(D) A member of the armed forces is eligible to
participate in the Program only if the member's last
period of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member
selected to participate in the Program before the
retirement of the member or the separation or release
of the member from active duty may continue to
participate in the Program after the retirement,
separation, or release only if the member's last period
of service is characterized as honorable by the
Secretary concerned.
``(4) Selection priorities.--In selecting eligible
members of the armed forces to receive assistance under
the Program, the Secretary--
``(A) shall give priority to members who--
``(i) have educational or military
experience in science, mathematics,
special education, foreign language, or
career or technical subjects; and
``(ii) agree to seek employment as
science, mathematics, foreign language,
or special education teachers in
elementary schools or secondary schools
or in other schools under the
jurisdiction of a local educational
agency; and
``(B) may give priority to members who
agree to seek employment in a high-need school.
``(5) Other conditions on selection.--(A) Subject
to subsection (i), the Secretary may not select an
eligible member of the armed forces to participate in
the Program and receive financial assistance unless the
Secretary has sufficient appropriations for the Program
available at the time of the selection to satisfy the
obligations to be incurred by the United States under
subsection (e) with respect to the member.
``(B) The Secretary may not select an eligible
member of the armed forces described in paragraph
(1)(B)(i) to participate in the Program and receive
financial assistance under subsection (e) unless the
member executes a written agreement to serve as a
member of the Selected Reserve of a reserve component
of the armed forces for a period of not less than three
years.
``(e) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible
member of the armed forces selected to participate in
the Program under subsection (b) and to receive
financial assistance under this subsection shall be
required to enter into an agreement with the Secretary
in which the member agrees--
``(i) within such time as the Secretary may
require, to meet the requirements necessary to
become a teacher in a school described in
subsection (b)(2); and
``(ii) to accept an offer of full-time
employment as an elementary school teacher,
secondary school teacher, or career or
technical teacher for not less than three
school years in an eligible school to begin the
school year after obtaining that certification
or licensing.
``(B) The Secretary may waive the three-year
commitment described in subparagraph (A)(ii) for a
participant if the Secretary determines such waiver to
be appropriate. If the Secretary provides the waiver,
the participant shall not be considered to be in
violation of the agreement and shall not be required to
provide reimbursement under subsection (f), for failure
to meet the three-year commitment.
``(2) Violation of participation agreement;
exceptions.--A participant shall not be considered to
be in violation of the participation agreement entered
into under paragraph (1) during any period in which the
participant--
``(A) is pursuing a full-time course of
study related to the field of teaching at an
institution of higher education;
``(B) is serving on active duty as a member
of the armed forces;
``(C) is temporarily totally disabled for a
period of time not to exceed three years as
established by sworn affidavit of a qualified
physician;
``(D) is unable to secure employment for a
period not to exceed 12 months by reason of the
care required by a spouse who is disabled;
``(E) is unable to find full-time
employment as a teacher in an eligible
elementary school or secondary school or as a
career or technical teacher for a single period
not to exceed 27 months; or
``(F) satisfies the provisions of
additional reimbursement exceptions that may be
prescribed by the Secretary.
``(3) Stipend and bonus for participants.--(A)
Subject to subparagraph (C), the Secretary may pay to a
participant a stipend to cover expenses incurred by the
participant to obtain the required educational level,
certification, or licensing. Such stipend may not
exceed $5,000 and may vary by participant.
``(B)(i) Subject to subparagraph (C), the Secretary
may pay a bonus to a participant who agrees in the
participation agreement under paragraph (1) to accept
full-time employment as an elementary school teacher,
secondary school teacher, or career or technical
teacher for not less than three school years in an
eligible school.
``(ii) The amount of the bonus may not exceed
$5,000, unless the eligible school is a high-need
school, in which case the amount of the bonus may not
exceed $10,000. Within such limits, the bonus may vary
by participant and may take into account the priority
placements as determined by the Secretary.
``(C)(i) The total number of stipends that may be
paid under subparagraph (A) in any fiscal year may not
exceed 5,000.
``(ii) The total number of bonuses that may be paid
under subparagraph (B) in any fiscal year may not
exceed 3,000.
``(iii) A participant may not receive a stipend
under subparagraph (A) if the participant is eligible
for benefits under chapter 33 of title 38.
``(iv) The combination of a stipend under
subparagraph (A) and a bonus under subparagraph (B) for
any one participant may not exceed $10,000.
``(4) Treatment of stipend and bonus.--A stipend or
bonus paid under this subsection to a participant shall
be taken into account in determining the eligibility of
the participant for Federal student financial
assistance provided under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant who is
paid a stipend or bonus under this subsection shall be
subject to the repayment provisions of section 373 of
title 37 under the following circumstances:
``(A) The participant fails to meet the
requirements necessary to become a teacher in a
school described in subsection (b)(2) or to
obtain employment as an elementary school
teacher, secondary school teacher, or career or
technical teacher as required by the
participation agreement under subsection
(e)(1).
``(B) The participant voluntarily leaves,
or is terminated for cause from, employment as
an elementary school teacher, secondary school
teacher, or career or technical teacher during
the three years of required service in
violation of the participation agreement.
``(C) The participant executed a written
agreement with the Secretary concerned under
subsection (d)(5)(B) to serve as a member of a
reserve component of the armed forces for a
period of three years and fails to complete the
required term of service.
``(2) Amount of reimbursement.--A participant
required to reimburse the Secretary for a stipend or
bonus paid to the participant under subsection (e)
shall pay an amount that bears the same ratio to the
amount of the stipend or bonus as the unserved portion
of required service bears to the three years of
required service.
``(3) Interest.--Any amount owed by a participant
under this subsection shall bear interest at the rate
equal to the highest rate being paid by the United
States on the day on which the reimbursement is
determined to be due for securities having maturities
of 90 days or less and shall accrue from the day on
which the participant is first notified of the amount
due.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under
this subsection if the participant becomes permanently
totally disabled as established by sworn affidavit of a
qualified physician. The Secretary may also waive the
reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
``(g) Relationship to Educational Assistance Under
Montgomery GI Bill.--Except as provided in subsection
(e)(3)(C)(iii), the receipt by a participant of a stipend or
bonus under subsection (e) shall not reduce or otherwise affect
the entitlement of the participant to any benefits under
chapter 30 or 33 of title 38 or chapter 1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through
consortia of states.--The Secretary may permit States
participating in the Program to carry out activities
authorized for such States under the Program through
one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to
subparagraph (B), the Secretary may make grants to
States participating in the Program, or to consortia of
such States, in order to permit such States or
consortia of States to operate offices for purposes of
recruiting eligible members of the armed forces for
participation in the Program and facilitating the
employment of participants as elementary school
teachers, secondary school teachers, and career or
technical teachers.
``(B) The total amount of grants made under
subparagraph (A) in any fiscal year may not exceed
$5,000,000.
``(i) Limitation on Total Fiscal-year Obligations.--The
total amount obligated by the Secretary under the Program for
any fiscal year may not exceed $15,000,000.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``1154. Assistance to eligible members and former members to obtain
employment as teachers: Troops-to-Teachers Program.''.
(c) Conforming Amendment.--Section 1142(b)(4)(C) of such
title is amended by striking ``under section 2302'' and all
that follows through ``6672)''.
(d) Termination of Department of Education Troops-to-
Teachers Program.--
(1) Termination.--Subject to paragraph (3), chapter
A of subpart 1 of part C of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6671 et
seq.) is repealed.
(2) Clerical amendment.--The table of contents in
section 2 of the Elementary and Secondary Education Act
of 1965 is amended by striking the items relating to
chapter A of subpart 1 of part C of title II of such
Act.
(3) Existing agreements.--The repeal of chapter A
of subpart 1 of part C of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6671 et
seq.) by paragraph (1) shall not affect--
(A) the validity or terms of any agreement
entered into under such chapter, as in effect
immediately before such repeal, before the
effective date of the transfer of the Troops-
to-Teachers Program under subsection (a); or
(B) the authority to pay assistance, make
grants, or obtain reimbursement in connection
with such an agreement as in effect before the
effective date of the transfer of the Troops-
to-Teachers Program under subsection (a).
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL FITNESS
PROGRAMS.
(a) In General.--Chapter 603 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6981. Support of athletic and physical fitness programs
``(a) Authority.--
``(1) Contracts and cooperative agreements.--The
Secretary of the Navy may enter into contracts and
cooperative agreements with the Naval Academy Athletic
Association for the purpose of supporting the athletic
and physical fitness programs of the Naval Academy.
Notwithstanding section 2304(k) of this title, the
Secretary may enter such contracts or cooperative
agreements on a sole source basis pursuant to section
2304(c)(5) of this title. Notwithstanding chapter 63 of
title 31, a cooperative agreement under this section
may be used to acquire property or services for the
direct benefit or use of the Naval Academy.
``(2) Leases.--The Secretary may enter into leases,
in accordance with section 2667 of this title, or
licenses with the Association for the purpose of
supporting the athletic and physical fitness programs
of the Naval Academy. Any such lease or license shall
be deemed to satisfy the conditions of section
2667(h)(2) of this title.
``(b) Use of Navy Personal Property by the Association.--
The Secretary may allow the Association to use, at no cost,
personal property of the Department of the Navy to assist the
Association in supporting the athletic and physical fitness
programs of the Naval Academy.
``(c) Acceptance of Support.--
``(1) Support received from the association.--
Notwithstanding section 1342 of title 31, the Secretary
may accept from the Association funds, supplies, and
services for the support of the athletic and physical
fitness programs of the Naval Academy. For purposes of
this section, employees or personnel of the Association
may not be considered to be employees of the United
States.
``(2) Funds received from ncaa.--The Secretary may
accept funds from the National Collegiate Athletic
Association to support the athletic and physical
fitness programs of the Naval Academy.
``(3) Limitation.--The Secretary shall ensure that
contributions under this subsection do not reflect
unfavorably on the ability of the Department of the
Navy, any of its employees, or any member of the armed
forces to carry out any responsibility or duty in a
fair and objective manner, or compromise the integrity
or appearance of integrity of any program of the
Department of the Navy, or any individual involved in
such a program.
``(d) Retention and Use of Funds.--Notwithstanding section
2260(d) of this title, funds received under this section may be
retained for use in support of athletic and physical fitness
programs of the Naval Academy and shall remain available until
expended.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship
agreements.--An agreement under subsection (a)(1) may,
consistent with sections 2260 (other than subsection
(d)) and 5022(b)(3) of this title, authorize the
Association to enter into licensing, marketing, and
sponsorship agreements relating to trademarks and
service marks identifying the Naval Academy, subject to
the approval of the Department of the Navy.
``(2) Limitations.--No such licensing, marketing,
or sponsorship agreement may be entered into if it
would reflect unfavorably on the ability of the
Department of the Navy, any of its employees, or any
member of the armed forces to carry out any
responsibility or duty in a fair and objective manner,
or if the Secretary determines that the use of the
trademark or service mark would compromise the
integrity or appearance of integrity of any program of
the Department of the Navy, or any individual involved
in such a program.
``(f) Service on Association Board of Control.--The
Association is a designated entity for which authorization
under sections 1033(a) and 1589(a) of this title may be
provided.
``(g) Conditions.--The authority provided in this section
with respect to the Association is available only so long as
the Association continues to--
``(1) qualify as a nonprofit organization under
section 501(c)(3) of the Internal Revenue Code of 1986
and operates in accordance with this section, the laws
of the State of Maryland, and the constitution and
bylaws of the Association; and
``(2) operate exclusively to support the athletic
and physical fitness programs of the Naval Academy.
``(h) Association Defined.--In this section, the term
`Association' means the Naval Academy Athletic Association.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``6981. Support of athletic and physical fitness programs.''.
SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT PROGRAM ON RECEIPT
OF CIVILIAN CREDENTIALING FOR MILITARY OCCUPATIONAL
SPECIALTY SKILLS.
(a) Expansion of Program.--Subsection (b)(1) of section 558
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1418; 10 U.S.C. 2015 note) is
amended by striking ``or more than five''.
(b) Use of Industry-recognized Certifications.--Subsection
(b) of such section is further amended--
(1) by striking ``and'' at the end of paragraph
(1);
(2) by redesignating paragraph (2) as paragraph
(3); and
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) consider utilizing industry-recognized
certifications or licensing standards for civilian
occupational skills comparable to the specialties or
codes so designated; and''.
SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING CERTAIN
STATE CERTIFICATIONS AND LICENSES AS A CONDITION ON
THE RECEIPT OF FUNDS FOR VETERANS EMPLOYMENT AND
TRAINING.
(a) In General.--Section 4102A(c) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(9)(A) As a condition of a grant or contract under which
funds are made available to a State in order to carry out
section 4103A or 4104 of this title for any program year, the
Secretary may require the State--
``(i) to demonstrate that when the State approves
or denies a certification or license described in
subparagraph (B) for a veteran the State takes into
consideration any training received or experience
gained by the veteran while serving on active duty in
the Armed Forces; and
``(ii) to disclose to the Secretary in writing the
following:
``(I) Criteria applicants must satisfy to
receive a certification or license described in
subparagraph (B) by the State.
``(II) A description of the standard
practices of the State for evaluating training
received by veterans while serving on active
duty in the Armed Forces and evaluating the
documented work experience of such veterans
during such service for purposes of approving
or denying a certification or license described
in subparagraph (B).
``(III) Identification of areas in which
training and experience described in subclause
(II) fails to meet criteria described in
subclause (I).''
``(B) A certification or license described in this
subparagraph is any of the following:
``(i) A license to be a nonemergency medical
professional.
``(ii) A license to be an emergency medical
professional.
``(iii) A commercial driver's license.
``(C) The Secretary shall share the information the
Secretary receives under subparagraph (A)(ii) with the
Secretary of Defense to help the Secretary of Defense improve
training for military occupational specialties so that
individuals who receive such training are able to receive a
certification or license described in subparagraph (B) from a
State.
``(D) The Secretary shall publish on the Internet website
of the Department available to the public--
``(i) any guidance the Secretary gives the
Secretary of Defense with respect to carrying out this
section; and
``(ii) any information the Secretary receives from
a State pursuant to subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a program year beginning on or
after the date of the enactment of this Act.
SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY
INSTALLATIONS BY REPRESENTATIVES OF INSTITUTIONS OF
HIGHER EDUCATION.
(a) Review Required.--The Secretary of Defense shall
conduct a review to assess the extent of access that
representatives of institutions of higher education have to
military installations.
(b) Elements of Review.--The review required by subsection
(a) shall include, at a minimum, an assessment of the
following:
(1) The policies and procedures that govern the
availability and the degree to which representatives of
institutions of higher education obtain access to
military installations for marketing and recruitment
purposes to members of the Armed Forces and their
families.
(2) The extent to which persons employed by
institutions of higher education who have authorized
access to military installations are engaged in the
unauthorized or inappropriate marketing of products and
services to members of the Armed Forces through such
access.
(3) The policies and regulations that are in effect
to prevent inappropriate marketing of educational
products and services on military installations and the
effectiveness or shortcomings, and the adequacy of the
enforcement, of those policies and regulations.
(c) Report.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report containing the results of the review
required by subsection (a). The report shall include any
recommendations for statutory or regulatory change that the
Secretary considers appropriate to enhance the protection of
members of the Armed Forces from inappropriate marketing and
recruitment on military installations by representatives of
institutions of higher education.
SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO STANDARDIZE
EDUCATIONAL TRANSCRIPTS ISSUED TO SEPARATING
MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the efforts of the
Department of Defense to standardize the educational
transcripts issued to members of the Armed Forces on their
separation from the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the similarities and
differences between the educational transcripts issued
to members separating from the each of the Armed
Forces.
(2) A description of any assessments done by the
Department, or in conjunction with educational
institutions, to identify shortcomings in the
transcripts issued to separating members in connection
with their ability to qualify for civilian educational
credits.
(3) A description of the implementation plan for
the Joint Services Transcript, including a schedule and
the elements of existing educational transcripts to be
incorporated into the Joint Services Transcript.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON JOINT
PROFESSIONAL MILITARY EDUCATION MATTERS.
(a) Report on Review of Military Education Coordination
Council Report.--
(1) Review of methodology.--The Comptroller General
of the United States shall review the methodology used
by the Military Education Coordination Council in
compiling the report on joint professional military
education that is to be submitted to the Director of
Joint Force Development by March 1, 2013, pursuant to
the Joint Staff Memorandum, Joint Staff Review, dated
July 16, 2012. The review shall include an examination
of the analytical approach used by the Council for that
report, including the types of information considered,
the cost savings identified, the benefits of options
considered, the time frames for implementation, and
transparency.
(2) Report.--Not later than 90 days after receiving
from the Director of Joint Force Development the report
described in paragraph (1), the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
review under paragraph (1) of the report described in
that paragraph. The report of the Comptroller General
under this paragraph shall set forth the following:
(A) The results of the review under
paragraph (1).
(B) Such recommendations as the Comptroller
General considers appropriate in light of the
results of the review.
(b) Report on Joint Professional Military Education
Research Institutions.--
(1) Report required.--Not later than January 31,
2014, the Comptroller General of the United States
shall submit to the congressional defense committees a
report setting forth the assessment by the Comptroller
General of the work performed by joint professional
military education research institutions in support of
professional military education and the broader mission
of the Department of Defense, the military departments,
and the Defense Agencies.
(2) Elements.--The report required by paragraph (1)
shall include an assessment of the following:
(A) The systems, mechanisms, and structures
within the senior and intermediate joint
professional military education colleges and
universities for oversight, governance, and
management of the joint professional military
education research institutions, including
systems, mechanisms, and structures relating to
the development of policies and budgets for
research.
(B) The factors contributing to and the
extent of growth in the number and size of
joint professional military education research
institutions since 2000.
(C) The causes and extent of cost growth at
joint professional military education research
institutions since 2000.
(D) The focus of research activity
conducted by the joint professional military
education research institutions, and the extent
to which each joint professional military
education research institution performs a
unique research function or engages in similar
or duplicative efforts with other components or
elements of the Department of Defense.
(E) The measures of effectiveness used by
the joint professional military education
research institutions, the senior and
intermediate joint professional military
education colleges and universities, and other
oversight entities to evaluate the performance
of the joint professional military education
research institutions in meeting established
goals or objectives.
(3) Definitions.--In this subsection:
(A) The term ``joint professional military
education research institutions'' means
subordinate organizations (including centers,
institutes, and schools) under the senior and
intermediate joint professional military
education colleges and universities for which
research is the primary mission or reason for
existence.
(B) The term ``senior and intermediate
joint professional military education colleges
and universities'' means the following:
(i) The National Defense
University.
(ii) The Army War College.
(iii) The Navy War College.
(iv) The Air University.
(v) The Air War College.
(vi) The Marine Corp University.
Subtitle F--Reserve Officers' Training Corps and Related Matters
SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR IN-STATE TUITION OF
AT LEAST 50 PERCENT OF PARTICIPANTS IN SENIOR
RESERVE OFFICERS' TRAINING CORPS PROGRAM.
Section 2107(c)(1) of title 10, United States Code, is
amended by striking the third sentence.
SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS,
TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS
NOT MAINTAINING UNITS OF JUNIOR RESERVE OFFICERS'
TRAINING CORPS.
(a) Consolidation.--Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2034. Educational institutions not maintaining units of Junior
Reserve Officers' Training Corps: issuance of arms,
tentage, and equipment
``The Secretary of a military department may issue arms,
tentage, and equipment to an educational institution at which
no unit of the Junior Reserve Officers' Training Corps is
maintained if the educational institution--
``(1) offers a course in military training
prescribed by that Secretary; and
``(2) has a student body of at least 50 students
who are in a grade above the eighth grade.''.
(b) Repeal of Separate Authorities.--Sections 4651, 7911,
and 9651 of such title are repealed.
(c) Clerical Amendments.--
(1) Consolidated authority.--The table of sections
at the beginning of chapter 102 of such title is
amended by adding at the end the following new item:
``2034. Educational institutions not maintaining units of Junior Reserve
Officers' Training Corps: issuance of arms, tentage, and
equipment.''.
(2) Army authority.--The table of sections at the
beginning of chapter 441 of such title is amended by
striking the item relating to section 4651.
(3) Navy authority.--The table of sections at the
beginning of chapter 667 of such title is amended by
striking the item relating to section 7911.
(4) Air force authority.--The table of sections at
the beginning of chapter 941 of such title is amended
by striking the item relating to section 9651.
SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE THE NUMBER
OF UNITS OF THE JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Number of Units Covered by Plan.--Subsection (a) of
section 548 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4466)
is amended by striking ``not less than 3,700 units'' and
inserting ``not less than 3,000, and not more than 3,700,
units''.
(b) Additional Exception.--Subsection (b) of such section
is amended--
(1) in paragraph (1), by striking ``or'' at the
end;
(2) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(3) if the Secretaries of the military
departments determine that the level of support of all
kinds (including appropriated funds) provided to youth
development programs within the Armed Forces is
consistent with funding limitations and the achievement
of the objectives of such programs.''.
(c) Submittal of Revised Plan and Implementation Reports.--
Subsection (e) of such section is amended to read as follows:
``(e) Time for Submission.--Not later than March 31, 2013,
the Secretary of Defense shall submit to the congressional
defense committees a revised plan under subsection (a) to
reflect amendments made to subsections (a) and (b) during
fiscal year 2013 and a new report under subsection (d) to
address the revised plan. The Secretary shall submit an updated
report not later than March 31 of each of 2015, 2018, and
2020.''.
SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS' TRAINING
CORPS PROGRAMS.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report setting forth the assessment of the
Comptroller General regarding the following:
(1) Whether the Reserve Officers' Training Corps
(ROTC) programs of the military departments are
effectively meeting, and structured to meet, current
and projected requirements for newly commissioned
officers in the Armed Forces.
(2) The cost-effectiveness and unit productivity of
the current Reserve Officers' Training Corps programs.
(3) The adequacy of current oversight and criteria
for the establishment and disestablishment of units of
the Reserve Officers' Training Corps.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) A list of the units of the Reserve Officers'
Training Corps by Armed Force, and by college or
university, and the number of cadets and midshipman
currently enrolled by class or year group.
(2) The number of officers commissioned in 2012
from the Reserve Officers' Training Corps programs, and
the number projected to be commissioned over the period
of the current future-years defense program under
section 221 of title 10, United States Code, from each
unit listed under paragraph (1).
(3) An assessment of the requirements of each Armed
Force for newly commissioned officers in 2012 and the
strategic planning regarding such requirements over the
period of the current future-years defense program.
(4) The number of military and civilian personnel
of the Department of Defense assigned to lead and
manage units of the Reserve Officers' Training Corps,
and the grades of the military personnel so assigned.
(5) An assessment of Department of Defense-wide and
Armed-Force specific standards regarding the
productivity of units of the Reserve Officers' Training
Corps, and an assessment of compliance with such
standards.
(6) An assessment of the projected use by the Armed
Forces of the procedures available to the Armed Forces
to respond to overages in the number of cadets and
midshipmen in the Reserve Officers' Training Corps
programs.
(7) A description of the plans of the Armed Forces
to retain or disestablish units of the Reserve
Officers' Training Corps that do not meet productivity
standards.
Subtitle G--Defense Dependents' Education and Military Family Readiness
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2013 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $25,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force Relocations.--
(1) Extension of authority to provide assistance.--
Section 572(b)(4) of the National Defense Authorization
Act for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is
amended by striking ``September 30, 2012'' and
inserting ``September 30, 2014''.
(2) Amount of assistance authorized.--Of the amount
authorized to be appropriated for fiscal year 2013 by
section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding
table in section 4301, $5,000,000 shall be available
only for the purpose of providing assistance to local
educational agencies under subsection (b) of section
572 of the National Defense Authorization Act for
Fiscal Year 2006 (20 U.S.C. 7703b).
(c) Repeal of Obsolete Funding Reference.--Section 572 of
the National Defense Authorization Act for Fiscal Year 2006 (20
U.S.C. 7703b) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection
(e).
(d) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year
2013 pursuant to section 301 and available for operation and
maintenance for Defense-wide activities as specified in the
funding table in section 4301, $5,000,000 shall be available
for payments under section 363 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.
7703a).
SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM.
(a) Short Title.--This section may be cited as the ``Impact
Aid Improvement Act of 2012''.
(b) Amendments to the Impact Aid Program.--Title VIII of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7701 et seq.) is amended--
(1) in section 8002 (20 U.S.C. 7702)--
(A) in subsection (a)--
(i) by striking ``for a fiscal year
ending prior to October 1, 2003''; and
(ii) by inserting ``or (h)'' after
``subsection (b)'';
(B) in subsection (b)--
(i) in paragraph (2), by striking
``aggregate assessed'' and inserting
``estimated taxable''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Determination of taxable value for eligible
federal property.--
``(A) In general.--In determining the
estimated taxable value of such acquired
Federal property for fiscal year 2010 and each
succeeding fiscal year, the Secretary shall--
``(i) first determine the total
taxable value for the purpose of
levying property tax for school
purposes for current expenditures of
real property located within the
boundaries of such local educational
agency;
``(ii) then determine the per acre
value of the eligible Federal property
by dividing the total taxable value as
determined in clause (i) by the
difference between the total acres
located within the boundaries of the
local educational agency and the number
of Federal acres eligible under this
section; and
``(iii) then determine the total
taxable value of the eligible Federal
property by multiplying the per acre
value as calculated under clause (ii)
by the number of Federal acres eligible
under this section.
``(B) Special rule.--In the case of Federal
property eligible under this section that is
within the boundaries of 2 or more local
educational agencies, such a local educational
agency may ask the Secretary to calculate the
per acre value of each such local educational
agency as provided under subparagraph (A) and
apply the average of these per acre values to
the acres of the Federal property in such
agency.''; and
(C) in subsection (h)--
(i) in paragraph (1)--
(I) in the paragraph
heading, by striking ``for pre-
1995 recipients '' and
inserting ``for pre-2010
recipients''; and
(II) by striking
subparagraphs (A) and (B) and
inserting the following:
``(A) In general.--The Secretary shall
first make a foundation payment to each local
educational agency that is determined by the
Secretary to be eligible to receive a payment
under this section for the fiscal year involved
and that filed a timely application, and met,
or has been determined by statute to meet, the
eligibility requirements of subsection (a) for
fiscal year 2009.
``(B) Amount.--
``(i) In general.--The amount of a
payment under subparagraph (A) for a
local educational agency shall be equal
to the greater of 90 percent of the
payment the local educational agency
received from dollars appropriated for
fiscal year 2009 or 90 percent of the
average payment that the local
educational agency received from
dollars appropriated for fiscal years
2006, 2007, 2008, and 2009, and shall
be calculated without regard to the
maximum payment provisions in
subsection (b)(1)(C).
``(ii) Exception.--In calculating
such average payment for a local
educational agency that did not receive
a payment under subsection (b) for 1 or
more of the fiscal years between fiscal
year 2006 and 2009, inclusive, the
lowest such payment made to the agency
for fiscal year 2006, 2007, 2008, or
2009, shall be treated as the payment
that the agency received under
subsection (b) for each fiscal year for
which the agency did not receive such a
payment.''; and
(ii) by striking paragraphs (2)
through (4) and inserting the
following:
``(2) Foundation payments for new applicants.--
``(A) First year.--From any amounts
remaining after making payments under paragraph
(1) and subsection (i)(1) for the fiscal year
involved, the Secretary shall make a payment,
in an amount determined in accordance with
subparagraph (C), to each local educational
agency that the Secretary determines eligible
for a payment under this section for a fiscal
year after fiscal year 2009 and that did not
receive a payment under paragraph (1) for the
fiscal year for which such agency was
determined eligible for such payment.
``(B) Second and succeeding years.--For any
succeeding fiscal year after the first fiscal
year that a local educational agency receives a
foundation payment under subparagraph (A), the
amount of the local educational agency's
foundation payment under this paragraph for
such succeeding fiscal year shall be equal to
the local educational agency's foundation
payment under this paragraph for the first
fiscal year.
``(C) Amounts.--The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
``(i) Calculate the local
educational agency's maximum payment
under subsection (b).
``(ii) Calculate the percentage
that the amount appropriated under
section 8014(a) for the most recent
fiscal year for which the Secretary has
completed making payments under this
section is of the total maximum
payments for such fiscal year for all
local educational agencies eligible for
a payment under subsection (b) and
multiply the agency's maximum payment
by such percentage.
``(iii) Multiply the amount
determined under clause (ii) by 90
percent.
``(D) Insufficient funds.--If the amount
appropriated under section 8014(a) of this
title is insufficient to pay the full amount
determined under this paragraph for all
eligible local educational agencies for the
fiscal year, then the Secretary shall ratably
reduce the payment to each local educational
agency under this paragraph.
``(3) Remaining funds.--From any funds remaining
after making payments under paragraphs (1) and (2) for
the fiscal year involved, the Secretary shall make a
payment to each local educational agency that received
a foundation payment under paragraph (1) or (2) or
subsection (i)(1), for the fiscal year involved in an
amount that bears the same relation to the remainder as
a percentage share determined for the local educational
agency (by dividing the maximum amount that the agency
is eligible to receive under subsection (b) by the
total of the maximum amounts for all such agencies)
bears to the percentage share determined (in the same
manner) for all local educational agencies eligible to
receive a payment under this section for the fiscal
year involved, except that, for the purpose of
calculating a local educational agency's maximum amount
under subsection (b), data from the most current fiscal
year shall be used.
``(4) Data.--For each local educational agency that
received a payment under this section for fiscal year
2010 through the fiscal year in which the Impact Aid
Improvement Act of 2012 is enacted, the Secretary shall
not make a payment under paragraph (3) to a local
educational agency that fails to submit, within 60 days
of the date the Secretary notifies the agency that the
information is needed, the data necessary to calculate
the maximum amount of a payment under subsection (b)
for that local educational agency.'';
(2) by striking section 8003(a)(4) (20 U.S.C.
7703(a)(4)) and inserting the following:
``(4) Military installation and indian housing
undergoing renovation or rebuilding.--
``(A) Military installation housing.--
Beginning in fiscal year 2014, in determining
the amount of a payment for a local educational
agency for children described in paragraph
(1)(D)(i), the Secretary shall consider those
children as if they were children described in
paragraph (1)(B) if the Secretary determines,
on the basis of a certification provided to the
Secretary by a designated representative of the
Secretary of Defense, that those children would
have resided in housing on Federal property if
the housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(B) shall not exceed the lessor of--
``(i) the total number of children
eligible under paragraph (1)(B) for the
year prior to the initiation of the
housing project on Federal property
undergoing renovation or rebuilding; or
``(ii) the total number of
Federally connected children enrolled
at the local educational agency as
stated in the application filed for the
payment for the year for which the
determination is made.
``(B) Indian lands.--Beginning in fiscal
year 2014, in determining the amount of a
payment for a local educational agency that
received a payment for children that resided on
Indian lands in accordance with paragraph
(1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is
making an application, the Secretary shall
consider those children to be children
described in paragraph (1)(C) if the Secretary
determines on the basis of a certification
provided to the Secretary by a designated
representative of the Secretary of the Interior
or the Secretary of Housing and Urban
Development that those children would have
resided in housing on Indian lands if the
housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(C) shall not exceed the lessor of--
``(i) the total number of children
eligible under paragraph (1)(C) for the
year prior to the initiation of the
housing project on Indian lands
undergoing renovation or rebuilding; or
``(ii) the total number of
Federally connected children enrolled
at the local educational agency as
stated in the application filed for the
payment for the year for which the
determination is made.
``(C) Eligible housing.--Renovation or
rebuilding shall be defined as projects
considered as capitalization, modernization, or
restoration, as defined by the Secretary of
Defense or the Secretary of the Interior (as
the case may be) and are projects that last
more than 30 days, but do not include
`sustainment projects' such as painting,
carpeting, or minor repairs.''; and
(3) in section 8010 (20 U.S.C. 7710)--
(A) in subsection (c)(1), by striking
``paragraph (3) of this subsection'' both
places the term appears and inserting
``paragraph (2)''; and
(B) by adding at the end the following:
``(d) Timely Payments.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall pay a local educational agency the full
amount that the agency is eligible to receive under
this title for a fiscal year not later than September
30 of the second fiscal year following the fiscal year
for which such amount has been appropriated if, not
later than 1 calendar year following the fiscal year in
which such amount has been appropriated, such local
educational agency submits to the Secretary all the
data and information necessary for the Secretary to pay
the full amount that the agency is eligible to receive
under this title for such fiscal year.
``(2) Payments with respect of fiscal years in
which insufficient funds are appropriated.--For a
fiscal year in which the amount appropriated under
section 8014 is insufficient to pay the full amount a
local educational agency is eligible to receive under
this title, paragraph (1) shall be applied by
substituting `is available to pay the agency' for `the
agency is eligible to receive' each place the term
appears.''.
(c) Effective Date, Implementation, and Repeal.--
(1) In general.--The amendments made by subsection
(b) shall be effective for a 2-year period beginning on
the date of enactment of this Act.
(2) Effective date.--Notwithstanding section
8005(d) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the
amendments made by subsection (b)(1), shall take effect
with respect to applications submitted under section
8002 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702) for fiscal year 2010.
(3) Implementation.--The Secretary of Education
shall carry out the amendments made by this section
without regard to the rulemaking procedures under
section 553 of title 5, United States Code.
(4) Repeal.--The amendments made by subsection (b)
shall be repealed on the day after the 2-year period
described in paragraph (1) and title VIII of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7701 et seq.) shall be applied as if such
subsection and the amendments made by such subsection
had never been enacted.
SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN WHO ARE
CARRIED DURING PREGNANCY AT TIME OF DEPENDENT-ABUSE
OFFENSE COMMITTED BY AN INDIVIDUAL WHILE A MEMBER
OF THE ARMED FORCES.
(a) In General.--Section 1059 of title 10, United States
Code, is amended--
(1) in subsection (f), by adding at the end the
following new paragraph:
``(4) Payment to a child under this section shall not cover
any period before the birth of the child.''; and
(2) in subsection (l), by striking ``at the time of
the dependent-abuse offense resulting in the separation
of the former member'' in the matter preceding
paragraph (1) and inserting ``or eligible spouse at the
time of the dependent-abuse offense resulting in the
separation of the former member or who was carried
during pregnancy at the time of the dependent-abuse
offense resulting in the separation of the former
member and was subsequently born alive to the eligible
spouse or former spouse''.
(b) Prospective Applicability.--No benefits shall accrue by
reason of the amendments made by this section for any month
that begins before the date of the enactment of this Act.
SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS
TO ENROLL CERTAIN STUDENTS.
Section 2164 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(k) Enrollment of Relocated Defense Dependents' Education
System Students.--(1) The Secretary of Defense may authorize
the enrollment in a Department of Defense education program
provided by the Secretary pursuant to subsection (a) of a
dependent of a member of the armed forces or a dependent of a
Federal employee who is enrolled in the defense dependents'
education system established under section 1402 of the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921) if--
``(A) the dependents departed the overseas location
as a result of a evacuation order;
``(B) the designated safe haven of the dependent is
located within reasonable commuting distance of a
school operated by the Department of Defense education
program; and
``(C) the school possesses the capacity and
resources necessary to enable the student to attend the
school.
``(2) Unless waived by the Secretary of Defense, a
dependent described in paragraph (1) who is enrolled in a
school operated by the Department of Defense education program
pursuant to such paragraph may attend the school only through
the end of the school year.
``(l) Enrollment in Virtual Elementary and Secondary
Education Program.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary may authorize the
enrollment in the virtual elementary and secondary education
program established as a component of the Department of Defense
education program of a dependent of a member of the armed
forces on active duty who--
``(A) is enrolled in an elementary or secondary
school operated by a local educational agency or
another accredited educational program in the United
States (other than a school operated by the Department
of Defense education program); and
``(B) immediately before such enrollment, was
enrolled in the defense dependents' education system
established under section 1402 of the Defense
Dependents' Education Act of 1978 (20 U.S.C. 921).
``(2) Enrollment of a dependent described in paragraph (1)
pursuant to such paragraph shall be on a tuition basis.''.
SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING CERTAIN
MILITARY SPOUSES.
(a) In General.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3330d. Appointment of certain military spouses
``(a) Definitions.--In this section:
``(1) The term `active duty'--
``(A) has the meaning given that term in
section 101(d)(1) of title 10;
``(B) includes full-time National Guard
duty (as defined in section 101(d)(5) of title
10); and
``(C) for a member of a reserve component
(as described in section 10101 of title 10),
does not include training duties or attendance
at a service school.
``(2) The term `agency'--
``(A) has the meaning given the term
`Executive agency' in section 105 of this
title; and
``(B) does not include the Government
Accountability Office.
``(3) The term `geographic area of the permanent
duty station' means the area from which individuals
reasonably can be expected to travel daily to and from
work at the location of a member's permanent duty
station.
``(4) The term `permanent change of station' means
the assignment, detail, or transfer of a member of the
Armed Forces who is on active duty and serving at a
permanent duty station under a competent authorization
or order that does not--
``(A) specify the duty as temporary;
``(B) provide for assignment, detail, or
transfer, after that different permanent duty
station, to a further different permanent duty
station; or
``(C) direct return to the initial
permanent duty station.
``(5) The term `relocating spouse of a member of
the Armed Forces' means an individual who--
``(A) is married to a member of the Armed
Forces (on or prior to a permanent change of
station of the member) who is ordered to active
duty for a period of more than 180 consecutive
days;
``(B) relocates to the member's permanent
duty station; and
``(C) before relocating as described in
subparagraph (B), resided outside the
geographic area of the permanent duty station.
``(6) The term `spouse of a disabled or deceased
member of the Armed Forces' means an individual--
``(A) who is married to a member of the
Armed Forces who--
``(i) is retired, released, or
discharged from the Armed Forces; and
``(ii) on the date on which the
member retires, is released, or is
discharged, has a disability rating of
100 percent under the standard schedule
of rating disabilities in use by the
Department of Veterans Affairs; or
``(B) who--
``(i) was married to a member of
the Armed Forces on the date on which
the member dies while on active duty in
the Armed Forces; and
``(ii) has not remarried.
``(b) Appointment Authority.--The head of an agency may
appoint noncompetitively--
``(1) a relocating spouse of a member of the Armed
Forces; or
``(2) a spouse of a disabled or deceased member of
the Armed Forces.
``(c) Special Rules Regarding Relocating Spouse.--
``(1) In general.--An appointment of a relocating
spouse of a member of the Armed Forces under this
section may only be to a position the duty station for
which is within the geographic area of the permanent
duty station of the member of the Armed Forces, unless
there is no agency with a position with a duty station
within the geographic area of the permanent duty
station of the member of the Armed Forces.
``(2) Single permanent appointment per duty
station.--A relocating spouse of a member of the Armed
Forces may not receive more than 1 permanent
appointment under this section for each time the spouse
relocates as described in subparagraphs (B) and (C) of
subsection (a)(5).
``(d) Special Rules Regarding Spouse of a Disabled or
Deceased Member of the Armed Forces.--
``(1) In general.--An appointment of an eligible
spouse as described in subparagraph (A) or (B) of
subsection (a)(6) is not restricted to a geographical
area.
``(2) Single permanent appointment.--A spouse of a
disabled or deceased member of the Armed Forces may not
receive more than 1 permanent appointment under this
section.''.
(b) Regulations.--Not later than 180 after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall amend section 315.612 of title 5, Code of
Federal Regulations (relating to noncompetitive appointment of
certain military spouses), in accordance with the amendment
made by subsection (a) and promulgate or amend any other
regulations necessary to carry out the amendment made by
subsection (a).
(c) Clerical Amendment.--The table of sections for chapter
33 of title 5, United States Code, is amended by inserting
after the item relating to section 3330c the following new
item:
``3330d. Appointment of certain military spouses.''.
SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF THE DEPARTMENT
OF DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the anticipated future of the family support programs of the
Department of Defense during the five-year period beginning on
the date of the submittal of the report as end strengths for
the Armed Forces are reduced and the Armed Forces are drawn
down from combat operations in Afghanistan.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the current family support
programs of each of the Armed Forces and the Department
of Defense, including the name, scope and intended
purpose of each program.
(2) An assessment of the current costs of the
family support programs covered by paragraph (1), and
an estimate of the costs of anticipated family support
programs of the Armed Forces and Department over the
period covered by the report.
(3) An assessment of the costs and other
consequences associated with the elimination or
reduction of any current family support programs
covered by paragraph (1) over the period covered by the
report.
(4) An assessment of the family support programs of
each of the Armed Forces covered by paragraph (1),
including any planned or anticipated changes to the
programs over the period covered by the report.
SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW RIBBON DAY.
Congress supports the goals and ideals of Yellow Ribbon Day
in honor of members of the Armed Forces and other individuals
of the United States who are serving overseas apart from their
families and loved ones.
Subtitle H--Improved Sexual Assault Prevention and Response in the
Armed Forces
SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Additional Content of Surveys.--Subsection (c) of
section 481 of title 10, United States Code, is amended--
(1) by striking ``harassment and discrimination''
and inserting ``harassment, assault, and
discrimination'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4); respectively;
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The specific types of assault that have
occurred, and the number of times each respondent has
been assaulted during the preceding year.'';
(4) in paragraph (4), as so redesignated, by
striking ``discrimination'' and inserting
``discrimination, harassment, and assault''; and
(5) by adding at the end the following new
paragraph:
``(5) Any other issues relating to discrimination,
harassment, or assault as the Secretary of Defense
considers appropriate.''.
(b) Time for Conducting of Surveys.--Such section is
further amended--
(1) in subsection (a)(1), by striking ``four
quadrennial surveys (each in a separate year)'' and
inserting ``four surveys''; and
(2) by striking subsection (d) and inserting the
following new subsection:
``(d) When Surveys Required.--(1) One of the two Armed
Forces Workplace and Gender Relations Surveys shall be
conducted in 2014 and then every second year thereafter and the
other Armed Forces Workplace and Gender Relations Survey shall
be conducted in 2015 and then every second year thereafter, so
that one of the two surveys is being conducted each year.
``(2) The two Armed Forces Workplace and Equal Opportunity
Surveys shall be conducted at least once every four years. The
two surveys may not be conducted in the same year.''.
SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY RESERVE
COMPONENT MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT
WHILE ON ACTIVE DUTY.
(a) In General.--Chapter 1209 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 12323. Active duty pending line of duty determination required
for response to sexual assault
``(a) Continuation on Active Duty.--In the case of a member
of a reserve component who is the alleged victim of sexual
assault committed while on active duty and who is expected to
be released from active duty before the determination is made
regarding whether the member was assaulted while in the line of
duty (in this section referred to as a `line of duty
determination'), the Secretary concerned, upon the request of
the member, may order the member to be retained on active duty
until completion of the line of duty determination. A member
eligible for continuation on active duty under this subsection
shall be informed as soon as practicable after the alleged
assault of the option to request continuation on active duty
under this subsection.
``(b) Return to Active Duty.--In the case of a member of a
reserve component not on active duty who is the alleged victim
of a sexual assault that occurred while the member was on
active duty and when the line of duty determination is not
completed, the Secretary concerned, upon the request of the
member, may order the member to active duty for such time as
necessary for completion of the line of duty determination.
``(c) Regulations.--The Secretaries of the military
departments shall prescribe regulations to carry out this
section, subject to guidelines prescribed by the Secretary of
Defense. The guidelines of the Secretary of Defense shall
provide that--
``(1) a request submitted by a member described in
subsection (a) or (b) to continue on active duty, or to
be ordered to active duty, respectively, must be
decided within 30 days from the date of the request;
and
``(2) if the request is denied, the member may
appeal to the first general officer or flag officer in
the chain of command of the member, and in the case of
such an appeal a decision on the appeal must be made
within 15 days from the date of the appeal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1209 of such title is amended adding at
the end the following new item:
``12323. Active duty pending line of duty determination required for
response to sexual assault.''.
SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF DEFENSE
POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE.
(a) Policy Modifications.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall modify the revised comprehensive policy for the
Department of Defense sexual assault prevention and response
program required by section 1602 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4430; 10 U.S.C. 1561 note) to include in the
policy the following new requirements:
(1) Subject to subsection (b), a requirement that
the Secretary of each military department establish a
record on the disposition of any Unrestricted Report of
sexual assault involving a member of the Armed Forces,
whether such disposition is court martial, nonjudicial
punishment, or other administrative action.
(2) A requirement that the Secretary of each
military department establish policies to require the
processing for administrative separation of any member
of the Armed Forces under the jurisdiction of such
Secretary whose conviction for a covered offense is
final and who is not punitively discharged from the
Armed Forces in connection with such conviction. Such
requirement--
(A) shall ensure that any separation
decision is based on the full facts of the case
and that due process procedures are provided
under regulations prescribed by the Secretary
of Defense; and
(B) shall not be interpreted to limit or
alter the authority of the Secretary of the
military department concerned to process
members of the Armed Forces for administrative
separation for other offenses or under other
provisions of law.
(3) A requirement that the commander of each
military command and other units specified by the
Secretary of Defense for purposes of the policy shall
conduct, within 120 days after the commander assumes
command and at least annually thereafter while
retaining command, a climate assessment of the command
or unit for purposes of preventing and responding to
sexual assaults. The climate assessment shall include
an opportunity for members of the Armed Forces to
express their opinions regarding the manner and extent
to which their leaders, including commanders, respond
to allegations of sexual assault and complaints of
sexual harassment and the effectiveness of such
response.
(4) A requirement to post and widely disseminate
information about resources available to report and
respond to sexual assaults, including the establishment
of hotline phone numbers and Internet websites
available to all members of the Armed Forces.
(5) A requirement for a general education campaign
to notify members of the Armed Forces regarding the
authorities available under chapter 79 of title 10,
United States Code, for the correction of military
records when a member experiences any retaliatory
personnel action for making a report of sexual assault
or sexual harassment.
(b) Additional Requirements Regarding Disposition Records
of Sexual Assault Reports.--
(1) Elements.--The record of the disposition of an
Unrestricted Report of sexual assault established under
subsection (a)(1) shall include information regarding
the following, as appropriate:
(A) Documentary information collected about
the incident, other than investigator case
notes.
(B) Punishment imposed, including the
sentencing by judicial or non-judicial means,
including incarceration, fines, restriction,
and extra duty as a result of military court-
martial, Federal or local court and other
sentencing, or any other punishment imposed.
(C) Adverse administrative actions taken
against the subject of the investigation, if
any.
(D) Any pertinent referrals made for the
subject of the investigation, offered as a
result of the incident, such as drug and
alcohol counseling and other types of
counseling or intervention.
(2) Retention of records.--The Secretary of Defense
shall require that--
(A) the disposition records established
pursuant to subsection (a)(1) be retained for a
period of not less than 20 years; and
(B) information from the records that
satisfies the reporting requirements
established in section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561
note) be incorporated into the Defense Sexual
Assault Incident Database and maintained for
the same period as applies to retention of the
records under subparagraph (A).
(c) Covered Offense Defined.--For purposes of subsection
(a)(2), the term ``covered offense'' means the following:
(1) Rape or sexual assault under subsection (a) or
(b) of section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice).
(2) Forcible sodomy under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice).
(3) An attempt to commit an offense specified in
paragraph (1) or (2) under section 880 of title 10,
United States Code (article 80 of the Uniform Code of
Military Justice).
SEC. 573. ESTABLISHMENT OF SPECIAL VICTIM CAPABILITIES WITHIN THE
MILITARY DEPARTMENTS TO RESPOND TO ALLEGATIONS OF
CERTAIN SPECIAL VICTIM OFFENSES.
(a) Establishment Required.--Under regulations prescribed
by the Secretary of Defense, the Secretary of each military
department shall establish special victim capabilities for the
purposes of--
(1) investigating and prosecuting allegations of
child abuse, serious domestic violence, or sexual
offenses; and
(2) providing support for the victims of such
offenses.
(b) Personnel.--The special victim capabilities developed
under subsection (a) shall include specially trained and
selected--
(1) investigators from the Army Criminal
Investigative Command, Naval Criminal Investigative
Service, or Air Force Office of Special Investigations;
(2) judge advocates;
(3) victim witness assistance personnel; and
(4) administrative paralegal support personnel.
(c) Training, Selection, and Certification Standards.--The
Secretary of Defense shall prescribe standards for the
training, selection, and certification of personnel who will
provide special victim capabilities for a military department.
(d) Discretion Regarding Extent of Capabilities.--
(1) In general.--Subject to paragraph (2), the
Secretary of a military department shall determine the
extent to which special victim capabilities will be
established within the military department and
prescribe regulations for the management and use of the
special victim capabilities.
(2) Required elements.--At a minimum, the special
victim capabilities established within a military
department must provide effective, timely, and
responsive world-wide support for the purposes
described in subsection (a).
(e) Time for Establishment.--
(1) Implementation plan.--Not later than 270 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report containing--
(A) the plans and time lines of the
Secretaries of the military departments for the
establishment of the special victims
capabilities; and
(B) an assessment by the Secretary of
Defense of the plans and time lines.
(2) Initial capabilities.--Not later than one year
after the date of the enactment of this Act, the
Secretary of each military department shall have
available an initial special victim capability
consisting of the personnel specified in subsection
(b).
(f) Evaluation of Effectiveness.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) prescribe the common criteria to be used by the
Secretaries of the military departments to measure the
effectiveness and impact of the special victim
capabilities from the investigative, prosecutorial, and
victim's perspectives; and
(2) require the Secretaries of the military
departments to collect and report the data used to
measure such effectiveness and impact.
(g) Special Victim Capabilities Defined.--In this section,
the term ``special victim capabilities'' means a distinct,
recognizable group of appropriately skilled professionals who
work collaboratively to achieve the purposes described in
subsection (a). This section does not require that the special
victim capabilities be created as separate military unit or
have a separate chain of command.
SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL ASSAULT
PREVENTION AND RESPONSE.
Section 585 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C.
1561 note) is amended by adding at the end the following new
subsections:
``(d) Commanders' Training.--The Secretary of Defense shall
provide for the inclusion of a sexual assault prevention and
response training module in the training for new or prospective
commanders at all levels of command. The training shall be
tailored to the responsibilities and leadership requirements of
members of the Armed Forces as they are assigned to command
positions. Such training shall include the following:
``(1) Fostering a command climate that does not
tolerate sexual assault.
``(2) Fostering a command climate in which persons
assigned to the command are encouraged to intervene to
prevent potential incidents of sexual assault.
``(3) Fostering a command climate that encourages
victims of sexual assault to report any incident of
sexual assault.
``(4) Understanding the needs of, and the resources
available to, the victim after an incident of sexual
assault.
``(5) Use of military criminal investigative
organizations for the investigation of alleged
incidents of sexual assault.
``(6) Available disciplinary options, including
court-martial, non-judicial punishment, administrative
action, and deferral of discipline for collateral
misconduct, as appropriate.
``(e) Explanation to Be Included in Initial Entry and
Accession Training.--
``(1) Requirement.--The Secretary of Defense shall
require that the matters specified in paragraph (2) be
carefully explained to each member of the Army, Navy,
Air Force, and Marine Corps at the time of (or within
fourteen duty days after)--
``(A) the member's initial entrance on
active duty; or
``(B) the member's initial entrance into a
duty status with a reserve component.
``(2) Matters to be explained.--This subsection
applies with respect to the following:
``(A) Department of Defense policy with
respect to sexual assault.
``(B) The resources available with respect
to sexual assault reporting and prevention and
the procedures to be followed by a member
seeking to access those resources.''.
SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS REGARDING SEXUAL ASSAULTS.
(a) Greater Detail in Case Synopses Portion of Report.--
Section 1631 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433;
10 U.S.C. 1561 note) is amended by adding at the end the
following new subsection:
``(f) Additional Details for Case Synopses Portion of
Report.--The Secretary of each military department shall
include in the case synopses portion of each report described
in subsection (b)(3) the following additional information:
``(1) If charges are dismissed following an
investigation conducted under section 832 of title 10,
United States Code (article 32 of the Uniform Code of
Military Justice), the case synopsis shall include the
reason for the dismissal of the charges.
``(2) If the case synopsis states that a member of
the Armed Forces accused of committing a sexual assault
was administratively separated or, in the case of an
officer, allowed to resign in lieu of facing a court-
martial, the case synopsis shall include the
characterization (honorable, general, or other than
honorable) given the service of the member upon
separation.
``(3) The case synopsis shall indicate whether a
member of the Armed Forces accused of committing a
sexual assault was ever previously accused of a
substantiated sexual assault or was admitted to the
Armed Forces under a moral waiver granted with respect
to prior sexual misconduct.
``(4) The case synopsis shall indicate the branch
of the Armed Forces of each member accused of
committing a sexual assault and the branch of the Armed
Forces of each member who is a victim of a sexual
assault.
``(5) If the case disposition includes non-judicial
punishment, the case synopsis shall explicitly state
the nature of the punishment.
``(6) The case synopsis shall indicate whether
alcohol was involved in any way in a substantiated
sexual assault incident.''.
(b) Additional Elements of Each Report.--Subsection (b) of
such section is amended by adding at the end the following new
paragraphs:
``(7) The number of applications submitted under
section 673 of title 10, United States Code, during the
year covered by the report for a permanent change of
station or unit transfer for members of the Armed
Forces on active duty who are the victim of a sexual
assault or related offense, the number of applications
denied, and, for each application denied, a description
of the reasons why the application was denied.
``(8) An analysis and assessment of trends in the
incidence, disposition, and prosecution of sexual
assaults by units, commands, and installations during
the year covered by the report, including trends
relating to prevalence of incidents, prosecution of
incidents, and avoidance of incidents.
``(9) An assessment of the adequacy of sexual
assault prevention and response activities carried out
by training commands during the year covered by the
report.
``(10) An analysis of the specific factors that may
have contributed to sexual assault during the year
covered by the report, an assessment of the role of
such factors in contributing to sexual assaults during
that year, and recommendations for mechanisms to
eliminate or reduce the incidence of such factors or
their contributions to sexual assaults.''.
(c) Application of Amendments.--The amendments made by this
section shall apply beginning with the report regarding sexual
assaults involving members of the Armed Forces required to be
submitted by March 1, 2014, under section 1631 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011.
SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF
MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL
ASSAULT CASES.
(a) Independent Reviews and Assessments Required.--
(1) Response systems to adult sexual assault
crimes.--The Secretary of Defense shall establish a
panel to conduct an independent review and assessment
of the systems used to investigate, prosecute, and
adjudicate crimes involving adult sexual assault and
related offenses under section 920 of title 10, United
States Code (article 120 of the Uniform Code of
Military Justice), for the purpose of developing
recommendations regarding how to improve the
effectiveness of such systems.
(2) Judicial proceedings since fiscal year 2012
amendments.--The Secretary of Defense shall establish a
panel to conduct an independent review and assessment
of judicial proceedings conducted under the Uniform
Code of Military Justice involving adult sexual assault
and related offenses since the amendments made to the
Uniform Code of Military Justice by section 541 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1404) for the purpose of
developing recommendations for improvements to such
proceedings.
(b) Establishment of Independent Review Panels.--
(1) Composition.--
(A) Response systems panel.--The panel
required by subsection (a)(1) shall be composed
of nine members, five of whom are appointed by
the Secretary of Defense and one member each
appointed by the chairman and ranking member of
the Committees on Armed Services of the Senate
and the House of Representatives.
(B) Judicial proceedings panel.--The panel
required by subsection (a)(2) shall be
appointed by the Secretary of Defense and
consist of five members, two of whom must have
also served on the panel established under
subsection (a)(1).
(2) Qualifications.--The members of each panel
shall be selected from among private United States
citizens who collectively possess expertise in military
law, civilian law, the investigation, prosecution, and
adjudication of sexual assaults in State and Federal
criminal courts, victim advocacy, treatment for
victims, military justice, the organization and
missions of the Armed Forces, and offenses relating to
rape, sexual assault, and other adult sexual assault
crimes.
(3) Chair.--The chair of each panel shall be
appointed by the Secretary of Defense from among the
members of the panel.
(4) Period of appointment; vacancies.--Members
shall be appointed for the life of the panel. Any
vacancy in a panel shall be filled in the same manner
as the original appointment.
(5) Deadline for appointments.--
(A) Response systems panel.--All original
appointments to the panel required by
subsection (a)(1) shall be made not later than
120 days after the date of the enactment of
this Act.
(B) Judicial proceedings panel.--All
original appointments to the panel required by
subsection (a)(2) shall be made before the
termination date of the panel established under
subsection (a)(1), but no later than 30 days
before the termination date.
(6) Meetings.--A panel shall meet at the call of
the chair.
(7) First meeting.--The chair shall call the first
meeting of a panel not later than 60 days after the
date of the appointment of all the members of the
panel.
(c) Reports and Duration.--
(1) Response systems panel.--The panel established
under subsection (a)(1) shall terminate upon the
earlier of the following:
(A) Thirty days after the panel has
submitted a report of its findings and
recommendations, through the Secretary of
Defense, to the Committees on Armed Services of
the Senate and the House of Representatives.
(B) Eighteen months after the first meeting
of the panel, by which date the panel is
expected to have made its report.
(2) Judicial proceedings panel.--
(A) First report.--The panel established
under subsection (a)(2) shall submit a first
report, including any proposals for legislative
or administrative changes the panel considers
appropriate, to the Secretary of Defense and
the Committees on Armed Services of the Senate
and the House of Representatives not later than
180 days after the first meeting of the panel.
(B) Subsequent reports.--The panel
established under subsection (a)(2) shall
submit subsequent reports during fiscal years
2014 through 2017.
(C) Termination.--The panel established
under subsection (a)(2) shall terminate on
September 30, 2017.
(d) Duties of Panels.--
(1) Response systems panel.--In conducting a
systemic review and assessment, the panel required by
subsection (a)(1) shall provide recommendations on how
to improve the effectiveness of the investigation,
prosecution, and adjudication of crimes involving adult
sexual assault and related offenses under section 920
of title 10, United States Code (article 120 of the
Uniform Code of Military Justice). The review shall
include the following:
(A) Using criteria the panel considers
appropriate, an assessment of the strengths and
weaknesses of the systems, including the
administration of the Uniform Code of the
Military Justice, and the investigation,
prosecution, and adjudication, of adult sexual
assault crimes during the period 2007 through
2011.
(B) A comparison of military and civilian
systems for the investigation, prosecution, and
adjudication of adult sexual assault crimes.
This comparison shall include an assessment of
differences in providing support and protection
to victims and the identification of civilian
best practices that may be incorporated into
any phase of the military system.
(C) An assessment of advisory sentencing
guidelines used in civilian courts in adult
sexual assault cases and whether it would be
advisable to promulgate sentencing guidelines
for use in courts-martial.
(D) An assessment of the training level of
military defense and trial counsel, including
their experience in defending or prosecuting
adult sexual assault crimes and related
offenses, as compared to prosecution and
defense counsel for similar cases in the
Federal and State court systems.
(E) An assessment and comparison of
military court-martial conviction rates with
those in the Federal and State courts and the
reasons for any differences.
(F) An assessment of the roles and
effectiveness of commanders at all levels in
preventing sexual assaults and responding to
reports of sexual assault.
(G) An assessment of the strengths and
weakness of proposed legislative initiatives to
modify the current role of commanders in the
administration of military justice and the
investigation, prosecution, and adjudication of
adult sexual assault crimes.
(H) An assessment of the adequacy of the
systems and procedures to support and protect
victims in all phases of the investigation,
prosecution, and adjudication of adult sexual
assault crimes, including whether victims are
provided the rights afforded by section 3771 of
title 18, United States Code, Department of
Defense Directive 1030.1, and Department of
Defense Instruction 1030.2.
(I) Such other matters and materials the
panel considers appropriate.
(2) Judicial proceedings panel.--The panel required
by subsection (a)(2) shall perform the following
duties:
(A) Assess and make recommendations for
improvements in the implementation of the
reforms to the offenses relating to rape,
sexual assault, and other sexual misconduct
under the Uniform Code of Military Justice that
were enacted by section 541 of the National
Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1404).
(B) Review and evaluate current trends in
response to sexual assault crimes whether by
courts-martial proceedings, non-judicial
punishment and administrative actions,
including the number of punishments by type,
and the consistency and appropriateness of the
decisions, punishments, and administrative
actions based on the facts of individual cases.
(C) Identify any trends in punishments
rendered by military courts, including general,
special, and summary courts-martial, in
response to sexual assault, including the
number of punishments by type, and the
consistency of the punishments, based on the
facts of each case compared with the
punishments rendered by Federal and State
criminal courts.
(D) Review and evaluate court-martial
convictions for sexual assault in the year
covered by the most-recent report required by
subsection (c)(2) and the number and
description of instances when punishments were
reduced or set aside upon appeal and the
instances in which the defendant appealed
following a plea agreement, if such information
is available.
(E) Review and assess those instances in
which prior sexual conduct of the alleged
victim was considered in a proceeding under
section 832 of title 10, United States Code
(article 32 of the Uniform Code of Military
Justice), and any instances in which prior
sexual conduct was determined to be
inadmissible.
(F) Review and assess those instances in
which evidence of prior sexual conduct of the
alleged victim was introduced by the defense in
a court-martial and what impact that evidence
had on the case.
(G) Building on the data compiled as a
result of paragraph (1)(D), assess the trends
in the training and experience levels of
military defense and trial counsel in adult
sexual assault cases and the impact of those
trends in the prosecution and adjudication of
such cases.
(H) Monitor trends in the development,
utilization and effectiveness of the special
victims capabilities required by section 573 of
this Act.
(I) Monitor the implementation of the April
20, 2012, Secretary of Defense policy
memorandum regarding withholding initial
disposition authority under the Uniform Code of
Military Justice in certain sexual assault
cases.
(J) Consider such other matters and
materials as the panel considers appropriate
for purposes of the reports.
(3) Utilization of other studies.--In conducting
reviews and assessments and preparing reports, a panel
may review, and incorporate as appropriate, the data
and findings of applicable ongoing and completed
studies.
(e) Authority of Panels.--
(1) Hearings.--A panel may hold such hearings, sit
and act at such times and places, take such testimony,
and receive such evidence as the panel considers
appropriate to carry out its duties under this section.
(2) Information from federal agencies.--Upon
request by the chair of a panel, a department or agency
of the Federal Government shall provide information
that the panel considers necessary to carry out its
duties under this section.
(f) Personnel Matters.--
(1) Pay of members.--Members of a panel shall serve
without pay by reason of their work on the panel.
(2) Travel expenses.--The members of a panel shall
be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance or
services for the panel.
(3) Staffing and resources.--The Secretary of
Defense shall provide staffing and resources to support
the panels, except that the Secretary may not assign
primary responsibility for such staffing and resources
to the Sexual Assault Prevention and Response Office.
SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED
REPORTS ON SEXUAL ASSAULT AT REQUEST OF THE MEMBER
OF THE ARMED FORCES MAKING THE REPORT.
(a) Period of Retention.--At the request of a member of the
Armed Forces who files a Restricted Report on an incident of
sexual assault involving the member, the Secretary of Defense
shall ensure that all copies of Department of Defense Form 2910
and Department of Defense Form 2911 filed in connection with
the Restricted Report be retained for the longer of--
(1) 50 years commencing on the date of signature of
the member on Department of Defense Form 2910; or
(2) the time provided for the retention of such
forms in connection with Unrestricted Reports on
incidents of sexual assault involving members of the
Armed Forces under Department of Defense Directive-Type
Memorandum (DTM) 11-062, entitled ``Document Retention
in Cases of Restricted and Unrestricted Reports of
Sexual Assault'', or any successor directive or policy.
(b) Protection of Confidentiality.--Any Department of
Defense form retained under subsection (a) shall be retained in
a manner that protects the confidentiality of the member of the
Armed Forces concerned in accordance with procedures for the
protection of confidentiality of information in Restricted
Reports under Department of Defense memorandum JTF-SAPR-009,
relating to the Department of Defense policy on confidentiality
for victims of sexual assault, or any successor policy or
directive.
SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND CONCURRENCE IN
SEPARATION OF MEMBERS OF THE ARMED FORCES MAKING AN
UNRESTRICTED REPORT OF SEXUAL ASSAULT.
(a) Review Required.--The Secretary of Defense shall
develop a policy to require a general officer or flag officer
of the Armed Forces to review the circumstances of, and grounds
for, the proposed involuntary separation of any member of the
Armed Forces who--
(1) made an Unrestricted Report of a sexual
assault;
(2) within one year after making the Unrestricted
Report of a sexual assault, is recommended for
involuntary separation from the Armed Forces; and
(3) requests the review on the grounds that the
member believes the recommendation for involuntary
separation from the Armed Forces was initiated in
retaliation for making the report.
(b) Concurrence Required.--If a review is requested by a
member of the Armed Forces as authorized by subsection (a), the
concurrence of the general officer or flag officer conducting
the review of the proposed involuntary separation of the member
is required in order to separate the member.
(c) Submission of Policy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing the policy
developed under subsection (a).
(d) Application of Policy.--The policy developed under
subsection (a) shall take effect on the date of the submission
of the policy to Congress under subsection (c) and apply to
members of the Armed Forces described in subsection (a) who are
proposed to be involuntarily separated from the Armed Forces on
or after that date.
SEC. 579. DEPARTMENT OF DEFENSE POLICY AND PLAN FOR PREVENTION AND
RESPONSE TO SEXUAL HARASSMENT IN THE ARMED FORCES.
(a) Comprehensive Prevention and Response Policy.--
(1) Policy required.--The Secretary of Defense
shall develop a comprehensive policy to prevent and
respond to sexual harassment in the Armed Forces. The
policy shall provide for the following:
(A) Training for members of the Armed
Forces on the prevention of sexual harassment.
(B) Mechanisms for reporting incidents of
sexual harassment in the Armed Forces,
including procedures for reporting anonymously.
(C) Mechanisms for responding to and
resolving incidents of alleged sexual
harassment incidences involving members of the
Armed Forces, including through the prosecution
of offenders.
(2) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
setting forth the policy required by paragraph (1).
(3) Consultation.--The Secretary of Defense shall
prepare the policy and report required by this
subsection in consultation with the Secretaries of the
military departments and the Equal Opportunity Office
of the Department of Defense.
(b) Data Collection and Reporting Regarding Substantiated
Incidents of Sexual Harassment.--
(1) Plan required.--The Secretary of Defense shall
develop a plan to collect information and data
regarding substantiated incidents of sexual harassment
involving members of the Armed Forces. The plan shall
specifically deal with the need to identify cases in
which a member is accused of multiple incidents of
sexual harassment.
(2) Submission of plan.--Not later than June 1,
2013, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives the plan developed under
paragraph (1).
(3) Reporting requirement.--As part of the reports
required to be submitted in 2014 under section 1631 of
the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433;
10 U.S.C. 1561 note), the Secretary of Defense shall
include information and data collected under the plan
during the preceding year regarding substantiated
incidents of sexual harassment involving members of the
Armed Forces.
Subtitle I--Suicide Prevention and Resilience
SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF DEPARTMENT OF
DEFENSE SUICIDE PREVENTION AND RESILIENCE PROGRAMS.
(a) In General.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Personnel and
Readiness, establish within the Office of the Secretary of
Defense a position with responsibility for oversight of all
suicide prevention and resilience programs of the Department of
Defense (including those of the military departments and the
Armed Forces).
(b) Scope of Responsibilities.--The individual serving in
the position established under subsection (a) shall have the
responsibilities as follows:
(1) To establish a uniform definition of resiliency
for use in the suicide prevention and resilience
programs and preventative behavioral health programs of
the Department of Defense (including those of the
military departments and the Armed Forces).
(2) To oversee the implementation of the
comprehensive policy on the prevention of suicide among
members of the Armed Forces required by section 582.
SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESILIENCE PROGRAM.
(a) Codification, Transfer of Responsibility, and
Extension.--
(1) In general.--Chapter 1007 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 10219. Suicide prevention and resilience program
``(a) Program Requirement.--The Secretary of Defense shall
establish and carry out a program to provide members of the
National Guard and Reserves and their families with training in
suicide prevention, resilience, and community healing and
response to suicide, including provision of such training at
Yellow Ribbon Reintegration Program events and activities
authorized under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
``(b) Suicide Prevention Training.--Under the program, the
Secretary shall provide members of the National Guard and
Reserves with training in suicide prevention. Such training may
include--
``(1) describing the warning signs for suicide and
teaching effective strategies for prevention and
intervention;
``(2) examining the influence of military culture
on risk and protective factors for suicide; and
``(3) engaging in interactive case scenarios and
role plays to practice effective intervention
strategies.
``(c) Community Response Training.--Under the program, the
Secretary shall provide the families and communities of members
of the National Guard and Reserves with training in responses
to suicide that promote individual and community healing. Such
training may include--
``(1) enhancing collaboration among community
members and local service providers to create an
integrated, coordinated community response to suicide;
``(2) communicating best practices for preventing
suicide, including safe messaging, appropriate memorial
services, and media guidelines;
``(3) addressing the impact of suicide on the
military and the larger community, and the increased
risk that can result; and
``(4) managing resources to assist key community
and military service providers in helping the families,
friends, and fellow servicemembers of a suicide victim
through the processes of grieving and healing.
``(d) Community Training Assistance.--The program shall
include the provision of assistance with such training to the
local communities of those servicemembers and families, to be
provided in coordination with local community programs.
``(e) Collaboration.--In carrying out the program, the
Secretary shall collect and analyze `lessons learned' and
suggestions from State National Guard and Reserve organizations
with existing or developing suicide prevention and community
response programs.
``(f) Termination.--The program under this section shall
terminate on October 1, 2017.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1007 of such title is amended
by adding at the end the following new item:
``10219. Suicide prevention and resilience program.''.
(b) Repeal of Superseded Provision.--Subsection (i) of
section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is
repealed.
SEC. 582. COMPREHENSIVE POLICY ON PREVENTION OF SUICIDE AMONG MEMBERS
OF THE ARMED FORCES.
(a) Comprehensive Policy Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, acting through the Under Secretary of Defense
for Personnel and Readiness, develop within the Department of
Defense a comprehensive policy on the prevention of suicide
among members of the Armed Forces. In developing the policy,
the Secretary shall consider recommendations from the
operational elements of the Armed Forces regarding the
feasibility of the implementation and execution of particular
elements of the policy.
(b) Elements.--The policy required by subsection (a) shall
cover each of the following:
(1) Increased awareness among members of the Armed
Forces about mental health conditions and the stigma
associated with mental health conditions and mental
health care.
(2) The means of identifying members who are at
risk for suicide (including enhanced means for early
identification and treatment of such members).
(3) The continuous access by members to suicide
prevention services, including suicide crisis services.
(4) The means to evaluate and assess the
effectiveness of the suicide prevention and resilience
programs and preventative behavioral health programs of
the Department of Defense (including those of the
military departments and the Armed Forces), including
the development of metrics for that purpose.
(5) The means to evaluate and assess the current
diagnostic tools and treatment methods in the programs
referred to in paragraph (4) to ensure clinical best
practices are used in such programs.
(6) The standard of care for suicide prevention to
be used throughout the Department.
(7) The training of mental health care providers on
suicide prevention.
(8) The training standards for behavioral health
care providers to ensure that such providers receive
training on clinical best practices and evidence-based
treatments as information on such practices and
treatments becomes available.
(9) The integration of mental health screenings and
suicide risk and prevention for members into the
delivery of primary care for such members.
(10) The standards for responding to attempted or
completed suicides among members, including guidance
and training to assist commanders in addressing
incidents of attempted or completed suicide within
their units.
(11) The means to ensure the protection of the
privacy of members seeking or receiving treatment
relating to suicide.
(12) Such other matters as the Secretary considers
appropriate in connection with the prevention of
suicide among members.
SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEMBERS OF THE ARMY.
(a) Study Required.--The Secretary of the Army shall
conduct a study of resilience programs within the Army for the
purpose of assessing the effectiveness of the current
Comprehensive Soldier and Family Fitness (CSF2) Program of the
Army, while verifying the current means of the Army to reduce
trends in high risk or self-destructive behavior and to prepare
members of the Army to manage stressful or traumatic situations
by training members in resilience strategies and techniques.
(b) Elements.--In conducting the study, the Secretary of
the Army shall determine the effectiveness and quality of
training under the Comprehensive Soldier and Family Fitness
program in--
(1) enhancing individual performance through
resiliency techniques and use of positive and sports
psychology; and
(2) identifying and responding to early signs of
high-risk behavior in members of the Army.
(c) Use of Science-based Evidence and Techniques.--In
conducting the study, the Secretary of the Army shall utilize
scientific evidence, including professionally accepted
measurements and assessments, to evaluate those interventions
that show positive results and those interventions that have no
impact.
(d) Duration of Study.--The study shall be conducted
through September 30, 2014.
(e) Report on Study Results.--Not later than October 31,
2014, the Secretary of the Army shall submit to the Committees
on Armed Forces of the Senate and the House of Representatives
a report containing the results of the study. The report shall
include the following:
(1) A description of the trends in high risk or
self-destructive behavior among members of the Army.
(2) A description and measurements of the
effectiveness of Comprehensive Soldier and Family
Fitness Program training in enhancing individual
performance through resiliency techniques, utilization
of positive psychology.
(3) Such recommendations or other information as
the Secretary considers appropriate.
Subtitle J--Other Matters
SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL.
Section 1128 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or'' at the end of
paragraph (2);
(B) by striking ``; or'' at the end of
paragraph (3) and inserting a period; and
(C) by striking paragraph (4);
(2) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively; and
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Under uniform regulations prescribed by the Secretary
of Defense, the Secretary concerned may issue a prisoner-of-war
medal to any person who, while serving in any capacity with the
armed forces, was held captive under circumstances not covered
by paragraph (1), (2), or (3) of subsection (a), but which the
Secretary concerned finds were comparable to those
circumstances under which persons have generally been held
captive by enemy armed forces during periods of armed
conflict.''.
SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION OF THE ARMED
FORCES INSTITUTE OF PATHOLOGY UNDER DEFENSE BASE
CLOSURE AND REALIGNMENT.
Section 177 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``those
professional societies'' and all that
follows through ``the Armed Forces
Institute of Pathology'' and inserting
``the professional societies and
organizations that support the
activities of the American Registry of
Pathology''; and
(ii) by striking the second
sentence; and
(B) in paragraph (3), by striking ``with
the concurrence of the Director of the Armed
Forces Institute of Pathology'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3),
(4), and (5) as paragraphs (1), (2), (3), and
(4), respectively; and
(3) in subsection (d), by striking ``to the
Director'' and all that follows through ``it deems
desirable,'' and inserting ``annually to its Board and
supporting organizations referred to in subsection
(a)(2)''.
SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL REGISTER
ON INSTITUTIONS OF HIGHER EDUCATION INELIGIBLE FOR
CONTRACTS AND GRANTS FOR DENIAL OF ROTC OR MILITARY
RECRUITER ACCESS TO CAMPUS.
Section 983 of title 10, United States Code, is amended by
striking subsection (f).
SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO EDUCATIONAL
ACTIVITIES AND VOLUNTARY SERVICES TO ACCOUNT FOR
MISSING PERSONS.
(a) Activities Benefitting Education as Services Eligible
for Acceptance.--Section 2601(i)(2) of title 10, United States
Code, is amended by inserting ``education,'' before
``morale,''.
(b) Acceptance of Voluntary Services Related to Accounting
for Missing Persons.--Section 1588(a) of such title is amended
by adding at the end the following new paragraph:
``(9) Voluntary services to facilitate accounting
for missing persons.''.
SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, COMMONWEALTH, AND
TERRITORIAL FLAGS BY THE ARMED FORCES.
(a) Display.--Subsection (a) of section 2249b of title 10,
United States Code, is amended to read as follows:
``(a) Display of Flags by Armed Forces.--The Secretary of
Defense shall ensure that, whenever the official flags of all
50 States are displayed by the armed forces, such display shall
include the flags of the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 2249b. Display of State, District of Columbia, commonwealth, and
territorial flags by the armed forces''.
(2) Table of sections.--The table of sections at
the beginning of chapter 134 of such title is amended
by striking the item relating to section 2249b and
inserting the following new item:
``2249b. Display of State, District of Columbia, commonwealth, and
territorial flags by the armed forces.''.
SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF DEFENSE INDUSTRY
CIVILIANS TO CERTAIN DEPARTMENT OF DEFENSE
EDUCATIONAL INSTITUTIONS AND PROGRAMS.
(a) Navy Defense Product Development Program.--Section
7049(a) of title 10, United States Code, is amended--
(1) in the second sentence, by inserting ``or
professional continuing education certificate'' after
``master's degree''; and
(2) in the last sentence, by inserting before the
period at the end the following: ``or an appropriate
professional continuing education certificate, as
applicable''.
(b) United States Air Force Institute of Technology.--
Section 9314a(a) of such title is amended--
(1) in paragraph (1), by inserting ``or
professional continuing education certificate'' after
``graduate degree''; and
(2) in paragraph (3), by inserting before the
period at the end the following: ``or an appropriate
professional continuing education certificate, as
applicable''.
(c) Request for Increase in Number of Defense Industry
Civilians Authorized for Admission.--If the Secretary of
Defense determines that it is in the best interest of the
Department of Defense to increase the maximum number of defense
industry employees authorized to be enrolled in the Naval
Defense Development Program or the Air Force Institute of
Technology at any one time, as specified in sections 7049(a)
and 9314a(a) of title 10, United States Code, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a request for such an
increase, including draft legislation to effectuate the
increase.
SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM OF REFERRAL
AND COUNSELING SERVICES TO VETERANS AT RISK OF
HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023(d) of title 38, United States Code, is amended
by striking ``September 30, 2012'' and inserting ``September
30, 2013''.
SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURISDICTION OF
DEPARTMENT OF DEFENSE.
(a) DOD Inspector General Inspection of Arlington National
Cemetery and United States Soldiers' and Airmen's Home National
Cemetery.--Section 1(d) of Public Law 111-339 (124 Stat. 3592)
is amended--
(1) in paragraph (1), by striking ``The Secretary''
in the first sentence and inserting ``Subject to
paragraph (2), the Secretary''; and
(2) in paragraph (2), by adding at the end the
following new sentence: ``However, in the case of the
report required to be submitted during 2013, the
assessment described in paragraph (1) shall be
conducted, and the report shall be prepared and
submitted, by the Inspector General of the Department
of Defense instead of the Secretary of the Army.''.
(b) Time for Submission of Report and Plan of Action
Regarding Inspection of Cemeteries at Military Installations.--
Section 592(d)(2) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1443) is
amended--
(1) by striking ``December 31, 2012'' and inserting
``June 29, 2013''; and
(2) by striking ``April 1, 2013'' and inserting
``October 1, 2013''.
SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS CONDUCTED
WITH RESPECT TO PORT MORTUARY DIVISION OF THE AIR
FORCE MORTUARY AFFAIRS OPERATIONS CENTER AT DOVER
AIR FORCE BASE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report of the investigations
and reviews that were conducted with respect to the improper
handling and preparation of the remains of deceased members of
the Armed Forces and civilians at the Port Mortuary Division of
the Air Force Mortuary Affairs Operations Center at Dover Air
Force Base. The investigations and reviews considered shall
include--
(1) the 436th Air Wing Inspector General review;
(2) the Air Force Office of Special Investigations
report;
(3) the Air Force Office of Inspector General
investigation;
(4) the Office of Special Counsel review;
(5) the Defense Health Board's Dover Port Mortuary
Independent Review Subcommittee report; and
(6) any other reviews or investigations of
operations at Dover Port Mortuary that have been
conducted since January 1, 2011.
(b) Elements of Report.--The report shall--
(1) summarize and evaluate the recommendations
made, and the actions undertaken, as a result of the
investigations and reviews, and the current status of
implementation of such recommendations and actions; and
(2) provide any additional recommendations for
improvement of operations at Dover Port Mortuary,
including any best practices for casualty notification,
family support, and mortuary affairs operations.
SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS AND STRIPES.
(a) Maintenance of Geographic Separation.--To preserve the
actual and perceived editorial and management independence of
the Stars and Stripes newspaper, the Secretary of Defense shall
extend the lease for the commercial office space in the
District of Columbia currently occupied by the editorial and
management operations of the Stars and Stripes newspaper until
such time as the Secretary provides space and information
technology and other support for such operations in a
Government-owned facility in the National Capital Region
geographically remote from facilities of the Defense Media
Activity at Fort Meade, Maryland.
(b) Implementation Report.--Not later than February 1,
2013, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report describing the implementation of
subsection (a).
SEC. 594. NATIONAL PUBLIC AWARENESS AND PARTICIPATION CAMPAIGN FOR
VETERANS' HISTORY PROJECT OF AMERICAN FOLKLIFE
CENTER.
(a) In General.--The Director of the American Folklife
Center at the Library of Congress shall carry out a national
public awareness and participation campaign for the program
required by section 3(a) of the Veterans' Oral History Project
Act (20 U.S.C. 2142(a)). Such campaign shall provide for the
following:
(1) Encouraging the people of the United States,
veterans organizations, community groups, and national
organizations to participate in such program.
(2) Ensuring greater awareness and participation
throughout the United States in such program.
(3) Providing meaningful opportunities for learning
about the experiences of veterans.
(4) Complementing the efforts supporting the
readjustment and successful reintegration of veterans
into civilian life after service in the Armed Forces.
(b) Coordination and Cooperation.--To the degree
practicable, the Director shall, in carrying out the campaign
required by subsection (a), coordinate and cooperate with
veterans service organizations.
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of title
38, United States Code.
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLLMENT
ELIGIBILITY REPORTING SYSTEM.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan to improve the completeness and accuracy
of the data contained in the Defense Enrollment Eligibility
Reporting System (DEERS) in order--
(1) to provide for the standardization of
identification credentials required for eligibility,
enrollment, transactions, and updates across all
Department of Defense installations; and
(2) to ensure that persons issued military
identification cards and receiving benefits based on
DEERS data are actually eligible for such cards and
benefits.
SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY KNOWN AS TAPS
SHOULD BE DESIGNATED AS THE NATIONAL SONG OF
MILITARY REMEMBRANCE.
It is the sense of Congress that the bugle call commonly
known as ``Taps'' should be designated as the National Song of
Military Remembrance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System and
terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2013 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2013,
the rates of monthly basic pay for members of the uniformed
services are increased by 1.7 percent.
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN
CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013''.
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE
MEMBER IS ON SEA DUTY.
(a) In General.--Subparagraph (C) of section 403(f)(2) of
title 37, United States Code, is amended to read as follows:
``(C) Notwithstanding section 421 of this title, a member
of a uniformed service in a pay grade below pay grade E-6 who
is assigned to sea duty and is married to another member of a
uniformed service is entitled to a basic allowance for housing
subject to the limitations of subsection (e).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2013.
SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS PERFORMING
ACTIVE GUARD AND RESERVE DUTY.
(a) Treatment of Active Guard and Reserve Duty.--Section
403(g) of title 37, United States Code, is amended by adding at
the end the following new paragraph:
``(6)(A) This paragraph applies with respect to a member of
a reserve component who performs active Guard and Reserve duty
(as defined in section 101(d)(6) of title 10).
``(B) The rate of basic allowance for housing to be paid to
a member described in subparagraph (A) shall be based on the
member's permanent duty station, even during instances in which
the member is mobilized for service on active duty other than
active Guard and Reserve duty.
``(C)(i) During transitions in service status from active
Guard and Reserve duty to other active duty and back to active
Guard and Reserve duty, or following the start of new periods
of service resulting from a change in orders, a member
described in subparagraph (A) shall be considered as retaining
uninterrupted eligibility to receive a basic allowance for
housing in an area as provided for under subsections (b)(6) and
(c)(2) so long as the member remains on active duty without a
break in service.
``(ii) Clause (i) does not apply if the member's permanent
duty station changes as a result of orders directing a
permanent change in station with the authority for the movement
of household goods.
``(iii) For purposes of clause (i), a break in active
service occurs when one or more calendar days between active
service periods do not qualify as active service.
``(D) Subsections (d)(3) and (o) also apply to a member
described in subparagraph (A).''.
(b) Transitional Provisions.--
(1) In general.--The basic allowance for housing
paid to a member of a reserve component described in
subparagraph (A) of paragraph (6) of section 403(g) of
title 37, United States Code, as added by subsection
(a), who on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2013 is being
paid basic allowance for housing at a rate that is
based on a housing area other than the member's
permanent duty station, shall be paid at that current
rate until the member is assigned to perform duty at
the member's permanent duty station, at which time the
member shall be paid basic allowance for housing at the
prevailing permanent duty station housing area rate or
at the permanent duty station housing rate for which
the member has qualified under such paragraph (6).
(2) Alternative rate.--The Secretary of a military
department, with the approval of the Secretary of
Defense, may pay a member covered by paragraph (1) and
under the jurisdiction of that Secretary a basic
allowance for housing at a rate higher than the rate
provided under such paragraph to ensure that the member
is treated fairly and equitably or to serve the best
interests of the United States.
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS
IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE
PROGRAM DUE TO GOVERNMENT ERROR.
(a) Payment of Benefit.--
(1) In general.--Upon application, the Secretary
concerned shall make a payment to each individual
described in paragraph (2) of $200 for each day of
nonparticipation of such individual in the Post-
Deployment/Mobilization Respite Absence program as
described in that paragraph.
(2) Covered individuals.--An individual described
in this paragraph is an individual who--
(A) was eligible for participation as a
member of the Armed Forces in the Post-
Deployment/Mobilization Respite Absence
program; but
(B) as determined by the Secretary
concerned pursuant to an application for the
correction of the military records of such
individual pursuant to section 1552 of title
10, United States Code, or other process as
determined by the Secretary, did not
participate in one or more days in the program
for which the individual was so eligible due to
Government error.
(b) Deceased Individuals.--
(1) Applications.--If an individual otherwise
covered by subsection (a) is deceased, the application
required by that subsection shall be made by the
individual's legal representative.
(2) Payment.--If an individual to whom payment
would be made under subsection (a) is deceased at time
of payment, payment shall be made in the manner
specified in section 1552(c)(2) of title 10, United
States Code, or other process as determined by the
Secretary concerned.
(c) Payment in Lieu of Administrative Absence.--Payment
under subsection (a) with respect to a day described in that
subsection shall be in lieu of any entitlement of the
individual concerned to a day of administrative absence for
such day.
(d) Construction.--
(1) Construction with other pay.--Any payment with
respect to an individual under subsection (a) is in
addition to any other pay provided by law.
(2) Construction of authority.--It is the sense of
Congress that--
(A) the sole purpose of the authority in
this section is to remedy administrative
errors; and
(B) the authority in this section is not
intended to establish any entitlement in
connection with the Post-Deployment/
Mobilization Respite Absence program.
(e) Definitions.--In this section, the terms ``Post-
Deployment/Mobilization Respite Absence program'' and
``Secretary concerned'' have the meaning given such terms in
section 604(f) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for
enlisted members assigned to certain high-priority
units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve
enlistment and reenlistment bonus for persons with
prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with
prior service.
(7) Section 408a(e), relating to reimbursement of
travel expenses for inactive-duty training outside of
normal commuting distance.
(8) Section 910(g), relating to income replacement
payments for reserve component members experiencing
extended and frequent mobilization for active duty
service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December 31,
2012'' and inserting ``December 31, 2013'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31,
2012'' and inserting ``December 31, 2013'':
(1) Section 302c-1(f), relating to accession and
retention bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus
for registered nurses.
(3) Section 302e(a)(1), relating to incentive
special pay for nurse anesthetists.
(4) Section 302g(e), relating to special pay for
Selected Reserve health professionals in critically
short wartime specialties.
(5) Section 302h(a)(1), relating to accession bonus
for dental officers.
(6) Section 302j(a), relating to accession bonus
for pharmacy officers.
(7) Section 302k(f), relating to accession bonus
for medical officers in critically short wartime
specialties.
(8) Section 302l(g), relating to accession bonus
for dental specialist officers in critically short
wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013'':
(1) Section 312(f), relating to special pay for
nuclear-qualified officers extending period of active
service.
(2) Section 312b(c), relating to nuclear career
accession bonus.
(3) Section 312c(d), relating to nuclear career
annual incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013'':
(1) Section 331(h), relating to general bonus
authority for enlisted members.
(2) Section 332(g), relating to general bonus
authority for officers.
(3) Section 333(i), relating to special bonus and
incentive pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and
incentive pay authorities for officers in health
professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or
special duty pay.
(8) Section 353(i), relating to skill incentive pay
or proficiency bonus.
(9) Section 355(h), relating to retention
incentives for members qualified in critical military
skills or assigned to high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013'':
(1) Section 301b(a), relating to aviation officer
retention bonus.
(2) Section 307a(g), relating to assignment
incentive pay.
(3) Section 308(g), relating to reenlistment bonus
for active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for
new officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for
officer candidates.
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION BONUS FOR
OFFICERS IN THE SELECTED RESERVE.
Section 308j(d) of title 37, United States Code, is amended
by striking ``$10,000'' and inserting ``$20,000''.
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR RESERVE
COMPONENT MEMBERS WHO CONVERT MILITARY OCCUPATIONAL
SPECIALTY TO EASE PERSONNEL SHORTAGES.
Section 326(c)(1) of title 37, United States Code, is
amended by striking ``$4,000, in the case of a member of a
regular component of the armed forces, and $2,000, in the case
of a member of a reserve component of the armed forces.'' and
inserting ``$4,000.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEMBERS OF
SELECTED RESERVE UNITS FILLING A VACANCY IN ANOTHER
UNIT AFTER BEING INVOLUNTARILY SEPARATED.
(a) Travel and Transportation Allowances Generally.--
Section 474 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and''
at the end;
(B) in paragraph (5), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) upon filling a vacancy in a Selected Reserve
unit at a duty station that is more than 150 miles from
the member's residence if--
``(A) during the preceding three years the
member was involuntarily separated under other
than adverse conditions (as characterized by
the Secretary concerned) while assigned to a
unit of the Selected Reserve certified by the
Secretary concerned as having been adversely
affected by force structure reductions during
the period beginning on October 1, 2012, and
ending on December 31, 2018;
``(B) the involuntary separation occurred
during the period beginning on October 1, 2012,
and ending on December 31, 2018; and
``(C) the member is--
``(i) qualified in a skill
designated as critically short by the
Secretary concerned; or
``(ii) filling a vacancy in a
Selected Reserve unit with a critical
manpower shortage, or in a pay grade
with a critical manpower shortage in
such unit.'';
(2) in subsection (f), by adding at the end the
following new paragraph:
``(4)(A) A member may be provided travel and transportation
allowances under subsection (a)(6) only with respect to the
filling of a vacancy in a Selected Reserve unit one time.
``(B) Regulations under this section shall provide that
whenever travel and transportation allowances are paid under
subsection (a)(6), the cost shall be borne by the unit filling
the vacancy.''; and
(3) in subsection (j), by inserting ``(except
subsection (a)(6))'' after ``In this section''.
(b) Travel and Transportation Allowances for Dependents and
Household Effects.--Section 476 of such title is amended--
(1) by redesignating subsections (l), (m), and (n)
as subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (k) the following
new subsection (l):
``(l)(1) A member described in paragraph (2) is entitled to
the travel and transportation allowances, including allowances
with respect to dependents, authorized by this section upon
filling a vacancy as described in that paragraph as if the
member were undergoing a permanent change of station under
orders in filling such vacancy.
``(2) A member described in this paragraph is a member who
is filling a vacancy in a Selected Reserve unit at a duty
station that is more than 150 miles from the member's residence
if--
``(A) during the three years preceding filling the
vacancy, the member was involuntarily separated under
other than adverse conditions (as characterized by the
Secretary concerned) while assigned to a unit of the
Selected Reserve certified by the Secretary concerned
as having been adversely affected by force structure
reductions during the period beginning on October 1,
2012, and ending on December 31, 2018;
``(B) the involuntary separation occurred during
the period beginning on October 1, 2012, and ending on
December 31, 2018; and
``(C) the member is--
``(i) qualified in a skill designated as
critically short by the Secretary concerned; or
``(ii) filling a vacancy in a Selected
Reserve unit with a critical manpower shortage,
or in a pay grade with a critical manpower
shortage in such unit.
``(3) Any allowances authorized by this section that are
payable under this subsection may be payable in advance if
payable in advance to a member undergoing a permanent change of
station under orders under the applicable provision of this
section.''.
SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE-AVAILABLE
TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT.
(a) Program Authorized.--Section 2641b of title 10, United
States Code, is amended to read as follows:
``Sec. 2641b. Space-available travel on Department of Defense aircraft:
program authorized and eligible recipients
``(a) Authority to Establish Program.--(1) The Secretary of
Defense may establish a program (in this section referred to as
the `travel program') to provide transportation on Department
of Defense aircraft on a space-available basis to the
categories of individuals eligible under subsection (c).
``(2) If the Secretary makes a determination to establish
the travel program, the Secretary shall prescribe regulations
for the operation of the travel program not later than one year
after the date on which the determination was made. The
regulations shall take effect on that date or such earlier date
as the Secretary shall specify in the regulations.
``(3) Not later than 30 days after making the determination
to establish the travel program, the Secretary shall submit to
the congressional defense committees an initial implementation
report describing--
``(A) the basis for the determination;
``(B) any additional categories of individuals to
be eligible for the travel program under subsection
(c)(5);
``(C) how the Secretary will ensure that the travel
program is established and operated in compliance with
the conditions specified in subsection (b); and
``(D) the metrics by which the Secretary will
monitor the travel program to determine the efficient
and effective execution of the travel program.
``(b) Conditions on Establishment and Operation.--(1) The
Secretary of Defense shall operate the travel program in a
budget-neutral manner.
``(2) No additional funds may be used, or flight hours
performed, for the purpose of providing transportation under
the travel program.
``(c) Eligible Individuals.--Subject to subsection (d), the
Secretary of Defense shall provide transportation under the
travel program (if established) to the following categories of
individuals:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a
valid Uniformed Services Identification and Privilege
Card.
``(3) Retired members of a regular or reserve
component of the armed forces, including retired
members of reserve components who, but for being under
the eligibility age applicable under section 12731 of
this title, would be eligible for retired pay under
chapter 1223 of this title.
``(4) Such categories of dependents of individuals
described in paragraphs (1) through (3) as the
Secretary shall specify in the regulations under
subsection (a), under such conditions and circumstances
as the Secretary shall specify in such regulations.
``(5) Such other categories of individuals as the
Secretary, in the discretion of the Secretary,
considers appropriate.
``(d) Priorities and Restrictions.--In operating the travel
program, the Secretary of Defense shall--
``(1) in the sole discretion of the Secretary,
establish an order of priority for transportation under
the travel program for categories of eligible
individuals that is based on considerations of military
necessity, humanitarian concerns, and enhancement of
morale;
``(2) give priority in consideration of
transportation under the travel program to the demands
of members of the armed forces in the regular
components and in the reserve components on active duty
and to the need to provide such members, and their
dependents, a means of respite from such demands; and
``(3) implement policies aimed at ensuring cost
control (as required by subsection (b)) and the safety,
security, and efficient processing of travelers,
including limiting the benefit under the travel program
to one or more categories of otherwise eligible
individuals if considered necessary by the Secretary.
``(e) Special Priority for Retired Members Residing in
Commonwealths and Possessions of the United States Who Need
Certain Health Care Services.--(1) Notwithstanding subsection
(d)(1), in establishing space-available transportation
priorities under the travel program, the Secretary of Defense
shall provide transportation for an individual described in
paragraph (2), and a single dependent of the individual if
needed to accompany the individual, at a priority level in the
same category as the priority level for an unaccompanied
dependent over the age of 18 traveling on environmental and
morale leave.
``(2) Subject to paragraph (3), paragraph (1) applies with
respect to an individual described in subsection (c)(3) who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary
care provider located in that Commonwealth or
possession to a specialty care provider for services to
be provided outside of that Commonwealth or possession.
``(3) If an individual described in subsection (c)(3) is a
retired member of a reserve component who is ineligible for
retired pay under chapter 1223 of this title by reason of being
under the eligibility age applicable under section 12731 of
this title, paragraph (1) applies to the individual only if the
individual is also enrolled in the TRICARE program for certain
members of the Retired Reserve authorized under section 1076e
of this title.
``(4) The priority for space-available transportation
required by this subsection applies with respect to both--
``(A) the travel from the Commonwealth or
possession of the United States to receive the
specialty care services; and
``(B) the return travel.
``(5) The requirement to provide transportation on
Department of Defense aircraft on a space-available basis on
the priority basis described in paragraph (1) to individuals
covered by this subsection applies whether or not the travel
program is established under this section.
``(6) In this subsection, the terms `primary care provider'
and `specialty care provider' refer to a medical or dental
professional who provides health care services under chapter 55
of this title.
``(f) Construction.--The authority to provide
transportation under the travel program is in addition to any
other authority under law to provide transportation on
Department of Defense aircraft on a space-available basis.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 157 of such title is amended by striking
the item relating to section 2641b and inserting the following
new item:
``2641b. Space-available travel on Department of Defense aircraft:
program authorized and eligible recipients.''.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF COMMISSARY AND
EXCHANGE BENEFITS AFTER SEPARATION.
(a) Extension of Authority.--Section 1146 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``2012'' and
inserting ``2018''; and
(2) in subsection (b), by striking ``2012'' and
inserting ``2018''.
(b) Correction of Reference to Administering Secretary.--
Such section is further amended--
(1) in subsection (a), by striking ``The Secretary
of Transportation'' and inserting ``The Secretary
concerned''; and
(2) in subsection (b), by striking ``The Secretary
of Homeland Security'' and inserting ``The Secretary
concerned''.
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.
(a) Resumption of Authority to Authorize Transitional
Use.--Subsection (a) of section 1147 of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``October 1,
1990, and ending on December 31, 2001'' and inserting
``October 1, 2012, and ending on December 31, 2018'';
and
(2) in paragraph (2), by striking ``October 1,
1994, and ending on December 31, 2001'' and inserting
``October 1, 2012, and ending on December 31, 2018''.
(b) Prohibition on Provision of Transitional Basic
Allowance for Housing.--Such section is further amended by
adding at the end the following new subsection:
``(c) No Transitional Basic Allowance for Housing.--Nothing
in this section shall be construed to authorize the Secretary
concerned to continue to provide for any period of time to an
individual who is involuntarily separated all or any portion of
a basic allowance for housing to which the individual was
entitled under section 403 of title 37 immediately before being
involuntarily separated, even in cases in which the individual
or members of the individual's household continue to reside
after the separation in a housing unit acquired or constructed
under the alternative authority of subchapter IV of chapter 169
of this title that is not owned or leased by the United
States.''.
(c) Correction of Reference to Administering Secretary.--
Subsection (a)(2) of such section is further amended by
striking ``The Secretary of Transportation'' and inserting
``The Secretary concerned''.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR BENEFIT PLAN
PREMIUMS WHEN PARTICIPANT WAIVES RETIRED PAY TO
PROVIDE A SURVIVOR ANNUITY UNDER FEDERAL EMPLOYEES
RETIREMENT SYSTEM AND TERMINATING PAYMENT OF THE
SURVIVOR BENEFIT PLAN ANNUITY.
(a) Deposits Not Required.--Section 1452(e) of title 10,
United States Code, is amended--
(1) in the subsection heading, by inserting ``and
FERS'' after ``CSRS'';
(2) by inserting ``or chapter 84 of such title''
after ``chapter 83 of title 5'';
(3) by inserting ``or 8416(a)'' after ``8339(j)'';
and
(4) by inserting ``or 8442(a)'' after ``8341(b)''.
(b) Conforming Amendments.--Section 1450(d) of such title
is amended--
(1) by inserting ``or chapter 84 of such title''
after ``chapter 83 of title 5'';
(2) by inserting ``or 8416(a)'' after ``8339(j)'';
and
(3) by inserting ``or 8442(a)'' after ``8341(b)''.
(c) Application of Amendments.--The amendments made by this
section shall apply with respect to any participant electing an
annuity for survivors under chapter 84 of title 5, United
States Code, on or after the date of the enactment of this Act.
SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS'
GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED
FORCES MARRIED TO OTHER MEMBERS.
Section 1967(a)(1) of title 38, United States Code, is
amended--
(1) in subparagraph (A)(ii), by inserting after
``insurable dependent of the member'' the following:
``(other than a dependent who is also a member of a
uniformed service and, because of such membership, is
automatically insured under this paragraph)''; and
(2) in subparagraph (C)(ii), by inserting after
``insurable dependent of the member'' the following:
``(other than a dependent who is also a member of a
uniformed service and, because of such membership, is
automatically insured under this paragraph)''.
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED SPECIAL
COMPENSATION FOR CHAPTER 61 DISABILITY RETIREES.
(a) In General.--Section 1413a(b)(3) of title 10, United
States Code, is amended by striking ``shall be reduced by the
amount (if any) by which the amount of the member's retired pay
under chapter 61 of this title exceeds'' both places it appears
and inserting ``may not, when combined with the amount of
retired pay payable to the retiree after any such reduction
under sections 5304 and 5305 of title 38, cause the total of
such combined payment to exceed''.
(b) Effective Date.--The amendment made by this section
shall take effect as of January 1, 2013, and shall apply to
payments for months beginning on or after that date.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING REQUIREMENTS
APPLICABLE TO COMMISSARY AND EXCHANGE STORES
OVERSEAS.
(a) Repeal.--Section 2489 of title 10, United States Code,
is amended by striking subsections (b) and (c).
(b) Conforming Amendments.--Such section is further
amended--
(1) by striking ``General Authority.--(1)'' and
inserting ``Authority to Establish Restrictions.--'';
(2) by striking ``(2)'' and inserting ``(b)
Limitations on Use of Authority.--''; and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN AND
MEDITATION PAVILION AT DOVER AIR FORCE BASE,
DELAWARE, AS A FISHER HOUSE.
(a) Fisher Houses and Authorized Fisher House Residents.--
Subsection (a) of section 2493 of title 10, United States Code,
is amended--
(1) in paragraph (1)(B), by striking ``by
patients'' and all that follows through ``such
patients;'' and inserting ``by authorized Fisher House
residents;'';
(2) by redesignating paragraph (2) as paragraph
(3);
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `Fisher House' includes the Fisher
House for the Families of the Fallen and Meditation
Pavilion at Dover Air Force Base, Delaware, so long as
such facility is available for residential use on a
temporary basis by authorized Fisher House
residents.''; and
(4) by adding at the end the following new
paragraph:
``(4) The term `authorized Fisher House residents'
means the following:
``(A) With respect to a Fisher House
described in paragraph (1) that is located in
proximity to a health care facility of the
Army, the Air Force, or the Navy, the following
persons:
``(i) Patients of that health care
facility.
``(ii) Members of the families of
such patients.
``(iii) Other persons providing the
equivalent of familial support for such
patients.
``(B) With respect to the Fisher House
described in paragraph (2), the following
persons:
``(i) The primary next of kin of a
member of the armed forces who dies
while located or serving overseas.
``(ii) Other family members of the
deceased member who are eligible for
transportation under section 481f(e) of
title 37.
``(iii) An escort of a family
member described in clause (i) or
(ii).''.
(b) Conforming Amendments.--Subsections (b), (e), and (f)
of such section are amended by striking ``health care'' each
place it appears.
(c) Repeal of Fiscal Year 2012 Freestanding Designation.--
Section 643 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1466) is
repealed.
Subtitle G--Military Lending
SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CONSUMER CREDIT FOR
MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
(a) Protections Against Differential Treatment on Consumer
Credit Under State Law.--Subsection (d)(2) of section 987 of
title 10, United States Code, is amended--
(1) in subparagraph (A), by inserting ``any
consumer credit or'' before ``loans''; and
(2) in subparagraph (B), by inserting ``covering
consumer credit'' after ``State consumer lending
protections''.
(b) Regular Consultations on Protection.--Subsection (h)(3)
of such section is amended--
(1) in the matter preceding subparagraph (A), by
inserting ``and not less often than once every two
years thereafter,'' after ``under this subsection,'';
and
(2) by striking subparagraph (E) and inserting the
following new subparagraph:
``(E) The Bureau of Consumer Financial
Protection.''.
(c) Effective Date.--
(1) Modification of regulations.--The Secretary of
Defense shall modify the regulations prescribed under
subsection (h) of section 987 of title 10, United
States Code, to take into account the amendments made
by subsection (a).
(2) Effective date.--The amendments made by
subsection (a) shall take effect on--
(A) the date that is one year after the
date of the enactment of this Act; or
(B) such earlier date as the Secretary
shall specify in the modification of
regulations required by paragraph (1).
(3) Publication of earlier date.--If the Secretary
specifies an earlier effective date for the amendments
made by subsection (a) pursuant to paragraph (2)(B),
the Secretary shall publish notice of such earlier
effective date in the Federal Register not later than
90 days before such earlier effective date.
SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT
EXTENDED TO MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS.
(a) Civil Liability.--Section 987(f) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Civil liability.--
``(A) In general.--A person who violates
this section with respect to any person is
civilly liable to such person for--
``(i) any actual damage sustained
as a result, but not less than $500 for
each violation;
``(ii) appropriate punitive
damages;
``(iii) appropriate equitable or
declaratory relief; and
``(iv) any other relief provided by
law.
``(B) Costs of the action.--In any
successful action to enforce the civil
liability described in subparagraph (A), the
person who violated this section is also liable
for the costs of the action, together with
reasonable attorney fees as determined by the
court.
``(C) Effect of finding of bad faith and
harassment.--In any successful action by a
defendant under this section, if the court
finds the action was brought in bad faith and
for the purpose of harassment, the plaintiff is
liable for the attorney fees of the defendant
as determined by the court to be reasonable in
relation to the work expended and costs
incurred.
``(D) Defenses.--A person may not be held
liable for civil liability under this paragraph
if the person shows by a preponderance of
evidence that the violation was not intentional
and resulted from a bona fide error
notwithstanding the maintenance of procedures
reasonably adapted to avoid any such error.
Examples of a bona fide error include clerical,
calculation, computer malfunction and
programming, and printing errors, except that
an error of legal judgment with respect to a
person's obligations under this section is not
a bona fide error.
``(E) Jurisdiction, venue, and statute of
limitations.--An action for civil liability
under this paragraph may be brought in any
appropriate United States district court,
without regard to the amount in controversy, or
in any other court of competent jurisdiction,
not later than the earlier of--
``(i) two years after the date of
discovery by the plaintiff of the
violation that is the basis for such
liability; or
``(ii) five years after the date on
which the violation that is the basis
for such liability occurs.''.
(b) Enforcement Authority.--Such section is further amended
by inserting after paragraph (5), as added by subsection (a),
the following new paragraph:
``(6) Administrative enforcement.--The provisions
of this section (other than paragraph (1) of this
subsection) shall be enforced by the agencies specified
in section 108 of the Truth in Lending Act (15 U.S.C.
1607) in the manner set forth in that section or under
any other applicable authorities available to such
agencies by law.''.
(c) Application of Amendment.--The amendment made by
subsection (a) shall apply with respect to consumer credit
extended on or after the date of the enactment of this Act.
SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES OF APPLYING
LIMITATIONS ON TERMS OF CONSUMER CREDIT EXTENDED TO
CERTAIN MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS.
Paragraph (2) of section 987(i) of title 10, United States
Code, is amended to read as follows:
``(2) Dependent.--The term `dependent', with
respect to a covered member, means a person described
in subparagraph (A), (D), (E), or (I) of section
1072(2) of this title.''.
Subtitle H--Military Compensation and Retirement Modernization
Commission
SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.
(a) Purpose.--The purpose of this subtitle is to establish
the Military Compensation and Retirement Modernization
Commission to conduct a review of the military compensation and
retirement systems and to make recommendations to modernize
such systems in order to--
(1) ensure the long-term viability of the All-
Volunteer Force by sustaining the required human
resources of that force during all levels of conflict
and economic conditions;
(2) enable the quality of life for members of the
Armed Forces and the other uniformed services and their
families in a manner that fosters successful
recruitment, retention, and careers for members of the
Armed Forces and the other uniformed services; and
(3) modernize and achieve fiscal sustainability for
the compensation and retirement systems for the Armed
Forces and the other uniformed services for the 21st
century.
(b) Scope of Review.--
(1) Required elements of review.--In order to
provide the fullest understanding of the matters
required to balance the primary purpose of the review
specified in subsection (a), the Commission shall make
its recommendations for changes to the military
compensation and retirement systems only after--
(A) examining all laws, policies, and
practices of the Federal Government that result
in any direct payment of authorized or
appropriated funds to--
(i) current and former members
(veteran and retired) of the uniformed
services, including the reserve
components of those services; and
(ii) the spouses, family members,
children, survivors, and other persons
authorized to receive such payments as
a result of their connection to the
members of the uniformed services named
in clause (i);
(B) examining all laws, policies, and
practices of the Federal Government that result
in any expenditure of authorized or
appropriated funds to support the persons named
in subparagraph (A) and their quality of life,
including--
(i) health, disability, survivor,
education, and dependent support
programs of the Department of Defense
and the Department of Veterans Affairs,
including outlays from the various
Federal trust funds supporting those
programs;
(ii) Department of Education impact
aid;
(iii) support or funding provided
to States, territories, colleges and
universities;
(iv) Department of Defense morale,
recreation, and welfare programs, the
resale programs (military exchanges and
commissaries), and dependent school
system;
(v) the tax treatment of military
compensation and benefits; and
(vi) military family housing; and
(C) such other matters as the Commission
considers appropriate.
(2) Priorities.--In weighing its recommendations on
those matters necessary to sustain the human resources
of the All-Volunteer Force, the Commission shall--
(A) pay particular attention to the
interrelationships and interplay of impact
between and among the various programs of the
Federal Government, especially as those
programs influence decisions of persons about
joining the uniformed services and of members
of the uniformed services about remaining in
the those services; and
(B) closely weigh its recommendations
regarding the web of interrelated programs
supporting spouses and families of members of
the uniformed services, so that changes in such
programs do not adversely impact decisions to
remain in the uniformed services.
(3) Exception.--The Commission shall not examine
any program that uses appropriated funding for initial
entry training or unit training of members of the
uniformed services.
(c) Definitions.--In this subtitle:
(1) The term ``Armed Forces'' has the meaning given
the term ``armed forces'' in section 101(a)(4) of title
10, United States Code.
(2) The term ``Commission'' means the Military
Compensation and Retirement Modernization Commission
established by section 672.
(3) The term ``Commission establishment date''
means the first day of the first month beginning on or
after the date of the enactment of this Act.
(4) The term ``military compensation and retirement
systems'' means the military compensation system and
the military retirement system.
(5) The term ``military compensation system'' means
provisions of law providing eligibility for and the
computation of military compensation, including regular
military compensation, special and incentive pays and
allowances, medical and dental care, educational
assistance and related benefits, and commissary and
exchange benefits and related benefits and activities.
(6) The term ``military retirement system'' means
retirement benefits, including retired pay based upon
service in the uniformed services and survivor
annuities based upon such service.
(7) The term ``Secretary'' means the Secretary of
Defense.
(8) The term ``uniformed services'' has the meaning
given that term in section 101(a)(5) of title 10,
United States Code.
(9) The terms ``veterans service organization'' and
``military-related advocacy group or association'' mean
an organization whose primary purpose is to advocate
for veterans, military personnel, military retirees, or
military families.
SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION
COMMISSION.
(a) Establishment.--There is established in the executive
branch an independent commission to be known as the Military
Compensation and Retirement Modernization Commission. The
Commission shall be considered an independent establishment of
the Federal Government as defined by section 104 of title 5,
United States Code, and a temporary organization under section
3161 of such title.
(b) Membership.--
(1) Number and appointment.--The Commission shall
be composed of nine members appointed as follows:
(A) The President shall appoint one member.
(B) The Majority Leader of the Senate, in
consultation with the Chairman of the Committee
on Armed Services of the Senate, shall appoint
two members.
(C) The Minority Leader of the Senate, in
consultation with the Ranking Member of the
Committee on Armed Services of the Senate,
shall appoint two members.
(D) The Speaker of the House of
Representatives, in consultation with the
Chairman of the Committee on Armed Services of
the House of Representatives, shall appoint two
members.
(E) The Minority Leader of the House of
Representatives, in consultation with the
Ranking Member of the Committee on Armed
Services of the House of Representatives, shall
appoint two members.
(2) Deadline for appointment.--Members shall be
appointed to the Commission under paragraph (1) not
later than four months after the Commission
establishment date.
(3) Qualifications of individuals appointed.--In
appointing members of the Commission, the President and
Members of Congress specified in paragraph (1) shall
ensure that, collectively, there are members with
significant expertise regarding the matters described
in section 671. The types of specific expertise and
experience to be considered include the following:
(A) Federal civilian employee compensation
and retirement.
(B) Military compensation and retirement.
(C) Private sector compensation,
retirement, or human resource systems.
(D) Active duty service in a regular
component of the uniformed services.
(E) Service in a reserve component.
(F) Experience as a spouse of a member of
the uniformed services.
(G) Service as an enlisted member of the
uniformed services.
(H) Military family policy development and
implementation.
(I) Department of Veterans Affairs benefit
programs.
(J) Actuarial science.
(4) Limitation.--An individual who, within the
preceding year, has been employed by a veterans service
organization or military-related advocacy group or
association may not be appointed to the Commission.
(c) Chair.--The President shall designate one of the
members of the Commission to be Chair of the Commission. The
individual designated as Chair of the Commission shall be a
person who has expertise in the military compensation and
retirement systems. The Chair, or the designee of the Chair,
shall preside over meetings of the Commission and be
responsible for establishing the agenda of Commission meetings
and hearings.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment was made.
(e) Status as Federal Employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the Commission shall be deemed to
be Federal employees.
(f) Pay for Members of the Commission.--
(1) In general.--Each member, other than the Chair,
of the Commission shall be paid at a rate equal to the
daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties vested in
the Commission.
(2) Chair.--The Chair of the Commission shall be
paid at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level III of the
Executive Schedule under section 5314, of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties vested in the Commission.
SEC. 673. COMMISSION HEARINGS AND MEETINGS.
(a) In General.--The Commission shall conduct hearings on
the recommendations it is taking under consideration. Any such
hearing, except a hearing in which classified information is to
be considered, shall be open to the public. Any hearing open to
the public shall be announced on a Federal website at least 14
days in advance. For all hearings open to the public, the
Commission shall release an agenda and a listing of materials
relevant to the topics to be discussed.
(b) Meetings.--
(1) Initial meeting.--The Commission shall hold its
initial meeting not later than 30 days after the date
as of which all members have been appointed.
(2) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
Chair or a majority of its members.
(3) Public meetings.--Each meeting of the
Commission shall be held in public unless any member
objects.
(c) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(d) Public Comments.--
(1) Solicitation.--The Commission shall seek
written comments from the general public and interested
parties on measures to modernize the military
compensation and retirement systems. Comments shall be
requested through a solicitation in the Federal
Register and announcement on the Internet website of
the Commission.
(2) Period for submittal.--The period for the
submittal of comments pursuant to the solicitation
under paragraph (1) shall end not earlier than 30 days
after the date of the solicitation and shall end on or
before the date on which the Secretary transmits the
recommendations of the Secretary to the Commission
under section 674(b).
(3) Use by commission.--The Commission shall
consider the comments submitted under this subsection
when developing its recommendations.
(e) Space for Use of Commission.--Not later than 90 days
after the date of the enactment of this Act, the Administrator
of General Services, in consultation with the Secretary, shall
identify and make available suitable excess space within the
Federal space inventory to house the operations of the
Commission. If the Administrator is not able to make such
suitable excess space available within such 90-day period, the
Commission may lease space to the extent the funds are
available.
(f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the
extent funds are available.
SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall
conduct a review of the matters described in section 671,
including current military compensation and retirement systems,
force management objectives, and changes in life expectancy and
the labor force.
(b) Development of Commission Recommendations.--
(1) Consistency with presidential principles.--
Subject to paragraph (2), the Commission shall develop
recommendations that are consistent with the principles
established by the President under subsection (c) and
section 671.
(2) Grandfathering of retired pay.--
(A) Conditions.--In developing its
recommendations, the Commission shall comply
with the following conditions with regard to
the treatment of retired pay for members and
retired members of the uniformed services who
joined a uniformed service before the date of
the enactment of an Act to modernize the
military compensation and retirement systems:
(i) For members of the uniformed
services as of such date, who became
members before the enactment of such an
Act, the monthly amount of their
retired pay may not be less than they
would have received under the current
military compensation and retirement
system, nor may the date at which they
are eligible to receive their military
retired pay be adjusted to the
financial detriment of the member.
(ii) For members of the uniformed
services retired as of such date, the
eligibility for and receipt of their
retired pay may not be adjusted
pursuant to any change made by the
enactment of such an Act.
(B) Voluntary election exception.--Nothing
in subparagraph (A) prevents a member described
in such subparagraph from voluntarily electing
to be covered under the provisions of an Act to
modernize the military compensation and
retirement systems.
(c) Presidential Principles.--Not later than five months
after the Commission establishment date, the President shall
establish and transmit to the Commission and Congress
principles for modernizing the military compensation and
retirement systems. The principles established by the President
shall address the following:
(1) Maintaining recruitment and retention of the
best military personnel.
(2) Modernizing the regular and reserve military
compensation and retirement systems.
(3) Differentiating between regular and reserve
military service.
(4) Differentiating between service in the Armed
Forces and service in the other uniformed services.
(5) Assisting with force management.
(6) Ensuring the fiscal sustainability of the
military compensation and retirement systems.
(7) Compliance with the purpose and scope of the
review prescribed in section 671.
(d) Secretary of Defense Recommendations.--
(1) Deadline.--Not later than nine months after the
Commission establishment date, the Secretary shall
transmit to the Commission the recommendations of the
Secretary for modernization of the military
compensation and retirement systems. The Secretary
shall concurrently transmit the recommendations to
Congress.
(2) Development of recommendations.--The Secretary
shall develop the recommendations of the Secretary
under paragraph (1)--
(A) on the basis of the principles
established by the President pursuant to
subsection (c);
(B) in consultation with the Secretary of
Homeland Security, with respect to
recommendations concerning members of the Coast
Guard;
(C) in consultation with the Secretary of
Health and Human Services, with respect to
recommendations concerning members of the
Public Health Service;
(D) in consultation with the Secretary of
Commerce, with respect to recommendations
concerning members of the National Oceanic and
Atmospheric Administration; and
(E) in consultation with the Director of
the Office of Management and Budget.
(3) Justification.--The Secretary shall include
with the recommendations under paragraph (1) the
justification of the Secretary for each recommendation.
(4) Availability of information.--The Secretary
shall make available to the Commission and to Congress
the information used by the Secretary to prepare the
recommendations of the Secretary under paragraph (1).
(e) Commission Hearings on Recommendations of Secretary.--
After receiving from the Secretary the recommendations of the
Secretary for modernization of the military compensation and
retirement systems under subsection (d), the Commission shall
conduct public hearings on the recommendations.
(f) Commission Report and Recommendations.--
(1) Report.--Not later than 15 months after the
Commission establishment date, the Commission shall
transmit to the President a report containing the
findings and conclusions of the Commission, together
with the recommendations of the Commission for the
modernization of the military compensation and
retirement systems. The Commission shall include in the
report legislative language to implement the
recommendations of the Commission. The findings and
conclusions in the report shall be based on the review
and analysis by the Commission of the recommendations
made by the Secretary under subsection (d).
(2) Requirement for approval.--The recommendations
of the Commission must be approved by at least five
members of the Commission before the recommendations
may be transmitted to the President under paragraph
(1).
(3) Procedures for changing recommendations of
secretary.--The Commission may make a change described
in paragraph (4) in the recommendations made by the
Secretary only if the Commission--
(A) determines that the change is
consistent with the principles established by
the President under subsection (c);
(B) publishes a notice of the proposed
change not less than 45 days before
transmitting its recommendations to the
President pursuant to paragraph (1); and
(C) conducts a public hearing on the
proposed change.
(4) Covered changes.--Paragraph (3) applies to a
change by the Commission in the recommendations of the
Secretary that would--
(A) add a new recommendation;
(B) delete a recommendation; or
(C) substantially change a recommendation.
(5) Explanation and justification for changes.--The
Commission shall explain and justify in its report
submitted to the President under paragraph (1) any
recommendation made by the Commission that is different
from the recommendations made by the Secretary under
subsection (d).
(6) Transmittal to congress.--The Commission shall
transmit a copy of its report to Congress on the same
date on which it transmits its report to the President
under paragraph (1).
SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY THE PRESIDENT.
(a) Report of Presidential Approval or Disapproval.--Not
later than 60 days after the date on which the Commission
transmits its report to the President under section 674, the
President shall transmit to the Commission and to Congress a
report containing the approval or disapproval by the President
of the recommendations of the Commission in the report.
(b) Presidential Approval.--If in the report under
subsection (a) the President approves all the recommendations
of the Commission, the President shall include with the report
the following:
(1) A copy of the recommendations of the
Commission.
(2) The certification by the President of the
approval of the President of each recommendation.
(3) The legislative language transmitted by the
Commission to the President as part of the report of
the Commission.
(c) Presidential Disapproval.--
(1) Reasons for disapproval.--If in the report
under subsection (a) the President disapproves the
recommendations of the Commission, in whole or in part,
the President shall include in the report the reasons
for that disapproval.
(2) Revised recommendations from commission.--Not
later than one month after the date of the report of
the President under subsection (a) disapproving the
recommendations of the Commission, the Commission shall
transmit to the President revised recommendations for
the modernization of the military compensation and
retirement systems, together with revised legislative
language to implement the revised recommendations of
the Commission.
(3) Action on revised recommendations.--If the
President approves all of the revised recommendations
of the Commission transmitted pursuant to paragraph
(2), the President shall transmit to Congress, not
later than one month after receiving the revised
recommendations, the following:
(A) A copy of the revised recommendations.
(B) The certification by the President of
the approval of the President of each
recommendation as so revised.
(C) The revised legislative language
transmitted to the President.
(d) Termination of Commission.--If the President does not
transmit to Congress an approval and certification described in
subsection (b) or (c)(3) in accordance with the applicable
deadline under such subsection, the Commission shall be
terminated not later than one month after the expiration of the
period for transmittal of a report under subsection (c)(3).
SEC. 676. EXECUTIVE DIRECTOR.
(a) Appointment.--The Commission shall appoint and fix the
rate of basic pay for an Executive Director in accordance with
section 3161 of title 5, United States Code.
(b) Limitations.--The Executive Director may not have
served on active duty in the Armed Forces or as a civilian
employee of the Department of Defense during the one-year
period preceding the date of such appointment and may not have
been employed by a veterans service organization or a military-
related advocacy group or association during that one-year
period.
SEC. 677. STAFF.
(a) In General.--Subject to subsections (b) and (c), the
Executive Director, with the approval of the Commission, may
appoint and fix the rate of basic pay for additional personnel
as staff of the Commission in accordance with section 3161 of
title 5, United States Code.
(b) Limitations on Staff.--
(1) Number of detailees from executive
department.--Not more than one-third of the personnel
employed by or detailed to the Commission may be on
detail from the Department of Defense and other
executive branch departments.
(2) Prior duties within executive branch.--A person
may not be detailed from the Department of Defense or
other executive branch department to the Commission if,
in the year before the detail is to begin, that person
participated personally and substantially in any matter
concerning the preparation of recommendations for
military compensation and retirement modernization.
(3) Number of detailees eligible for military
retired pay.--Not more than one-fourth of the personnel
employed by or detailed to the Commission may be
persons eligible for or receiving military retired pay.
(4) Prior employment with certain organizations.--A
person may not be employed by or detailed to the
Commission if, in the year before the employment or
detail is to begin, that person was employed by a
veterans service organization or a military-related
advocacy group or association.
(c) Limitations on Performance Reviews.--No member of the
uniformed services, and no officer or employee of the
Department of Defense or other executive branch department,
may--
(1) prepare any report concerning the
effectiveness, fitness, or efficiency of the
performance of the staff of the Commission or any
person detailed to that staff;
(2) review the preparation of such a report; or
(3) approve or disapprove such a report.
SEC. 678. JUDICIAL REVIEW PRECLUDED.
The following shall not be subject to judicial review:
(1) Actions of the President, the Secretary, and
the Commission under section 674.
(2) Actions of the President under section 675.
SEC. 679. TERMINATION.
Except as otherwise provided in this title, the Commission
shall terminate not later than 26 months after the Commission
establishment date.
SEC. 680. FUNDING.
Of the amounts authorized to be appropriated by this Act
for the Department of Defense for fiscal year 2013, up to
$10,000,000 shall be made available to the Commission to carry
out its duties under this subtitle. Funds made available to the
Commission under the preceding sentence shall remain available
until expended.
Subtitle I--Other Matters
SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD RESERVE CALLED TO
ACTIVE DUTY UNDER TITLE 14, UNITED STATES CODE.
(a) Inclusion in Definition of Contingency Operation.--
Section 101(a)(13)(B) of title 10, United States Code, is
amended by inserting ``section 712 of title 14,'' after
``chapter 15 of this title,''.
(b) Credit of Service Towards Reduction of Eligibility Age
for Receipt of Retired Pay for Non-Regular Service.--Section
12731(f)(2)(B) of title 10, United States Code, is amended by
adding at the end the following new clause:
``(iv) Service on active duty described in this
subparagraph is also service on active duty pursuant to a call
or order to active duty authorized by the Secretary of Homeland
Security under section 712 of title 14 for purposes of
emergency augmentation of the Regular Coast Guard forces.''.
(c) Post 9/11 Educational Assistance.--Section 3301(1)(B)
of title 38, United States Code, is amended by inserting ``or
section 712 of title 14'' after ``title 10''.
(d) Retroactive Application of Amendments.--
(1) Inclusion of prior orders.--The amendments made
by this section shall apply to any call or order to
active duty authorized under section 712 of title 14,
United States Code, on or after December 31, 2011, by
the Secretary of the executive department in which the
Coast Guard is operating.
(2) Credit for prior service.--The amendments made
by this section shall be deemed to have been enacted on
December 31, 2011, for purposes of applying the
amendments to the following provisions of law:
(A) Section 5538 of title 5, United States
Code, relating to nonreduction in pay.
(B) Section 701 of title 10, United States
Code, relating to the accumulation and
retention of leave.
(C) Section 12731 of title 10, United
States Code, relating to age and service
requirements for receipt of retired pay for
non-regular service.
SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS CLAIMS
PROCESS TRANSFORMATION PLAN.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Armed Forces and the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the plan of the Secretary of
Veterans Affairs to reduce the backlog of claims for benefits
under laws administered by the Secretary that are pending as of
the date of the enactment of this Act and to more efficiently
and fairly process claims for such benefits in the future.
(b) Contents of Report.-- The report required in under
subsection (a) shall include each of the following:
(1) A detailed explanation of the Veterans Benefits
Administration Claims Transformation Plan, including--
(A) a timeline and steps to completion with
anticipated completion dates;
(B) all benchmarks and indicia of success
that the Secretary will use to measure the
success or failure of each step in the
Transformation Plan; and
(C) the estimated costs, by fiscal year for
each of the five fiscal years following the
fiscal year during which the report is
submitted, associated with the Transformation
Plan, including training and personnel costs,
as well as the increase or decrease in the
number of personnel expected as part of the
Transformation Plan.
(2) A detailed explanation of the claims process
that is expected to result after the completion of the
Transformation Plan, from initial filing of claim to
the award or denial of benefits, including any
appellate steps in the process.
(3) A detailed explanation of the roles and
purposes of the Program Management Office, the Veterans
Benefits Administration Transformation Governance
Board, Transformation Joint Executive Board, and Design
Teams, including a list of personnel for each entity as
well as current and projected costs over the subsequent
five fiscal years to operate and staff each entity.
(4) A detailed explanation of all steps taken thus
far to involve non-Federal entities in the claims
process, including the Texas Veterans Commission and
other State or local agencies relating to veterans'
affairs, veterans service organizations, and other not-
for-profit entities.
(5) A plan for the Secretary to partner with non-
Federal entities to support efforts to reduce the
backlog of claims for benefits under laws administered
by the Secretary and to more efficiently and fairly
process such claims in the future, including State and
local agencies relating to veterans affairs, veterans
service organizations, and such other relevant
Government and non-Government entities as the Secretary
considers appropriate. Such plan shall include--
(A) a description of how the Secretary
intends to leverage such partnerships with non-
Federal entities to eliminate the backlog by--
(i) increasing the percentage of
new claims that are fully developed
prior to submittal to the Secretary and
expediting the processing of such
claims; and
(ii) helping claimants gather and
submit necessary evidence for claims
that were previously filed but require
further development; and
(B) a description of how such partnerships
with non-Federal entities will fit into the
Transformation Plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health care
services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE AND TRICARE DENTAL
PROGRAM FOR MEMBERS OF THE SELECTED RESERVE WHO ARE
INVOLUNTARILY SEPARATED.
(a) TRICARE Standard Coverage.--Section 1076d(b) of title
10, United States Code, is amended--
(1) by striking ``Eligibility'' and inserting ``(1)
Except as provided in paragraph (2), eligibility''; and
(2) by adding at the end the following new
paragraph:
``(2) During the period beginning on the date of the
enactment of this paragraph and ending December 31, 2018,
eligibility for a member under this section who is
involuntarily separated from the Selected Reserve under other
than adverse conditions, as characterized by the Secretary
concerned, shall terminate 180 days after the date on which the
member is separated.''.
(b) TRICARE Dental Coverage.--Section 1076a(a)(1) of such
title is amended by adding at the end the following new
sentence: ``During the period beginning on the date of the
enactment of this sentence and ending December 31, 2018, such
plan shall provide that coverage for a member of the Selected
Reserve who is involuntarily separated from the Selected
Reserve under other than adverse conditions, as characterized
by the Secretary concerned, shall not terminate earlier than
180 days after the date on which the member is separated.''.
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE
UNIFORM FORMULARY.
(a) Inclusion.--Subsection (a)(2) of section 1074g of title
10, United States Code, is amended--
(1) in subparagraph (D), by striking ``No
pharmaceutical agent may be excluded'' and inserting
``Except as provided in subparagraph (F), no
pharmaceutical agent may be excluded''; and
(2) by adding at the end the following new
subparagraph:
``(F)(i) The Secretary may implement procedures to place
selected over-the-counter drugs on the uniform formulary and to
make such drugs available to eligible covered beneficiaries. An
over-the-counter drug may be included on the uniform formulary
only if the Pharmacy and Therapeutics Committee established
under subsection (b) finds that the over-the-counter drug is
cost effective and clinically effective. If the Pharmacy and
Therapeutics Committee recommends an over-the-counter drug for
inclusion on the uniform formulary, the drug shall be
considered to be in the same therapeutic class of
pharmaceutical agents, as determined by the Committee, as
similar prescription drugs.
``(ii) Regulations prescribed by the Secretary to carry out
clause (i) shall include the following with respect to over-
the-counter drugs included on the uniform formulary:
``(I) A determination of the means and conditions
under paragraphs (5) and (6) through which over-the-
counter drugs will be available to eligible covered
beneficiaries and the amount of cost sharing that such
beneficiaries will be required to pay for over-the-
counter drugs, if any, except that no such cost sharing
may be required for a member of a uniformed service on
active duty.
``(II) Any terms and conditions for the dispensing
of over-the-counter drugs to eligible covered
beneficiaries.''.
(b) Definitions.--Subsection (g) of such section is amended
by adding at the end the following new paragraphs:
``(3) The term `over-the-counter drug' means a drug
that is not subject to section 503(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).
``(4) The term `prescription drug' means a drug
that is subject to section 503(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)).''.
(c) Technical Amendments.--
(1) Cross-reference amendment.--Subsection (b)(1)
of such section is amended by striking ``subsection
(g)'' and inserting ``subsection (h)''.
(2) Repeal of obsolete provisions.--
(A) Subsection (a)(2)(D) of such section is
amended by striking the last sentence.
(B) Subsection (b)(2) of such section is
amended by striking ``Not later than'' and all
the follows through ``such 90-day period, the
committee'' and inserting ``The committee''.
(C) Subsection (d)(2) of such section is
amended--
(i) by striking ``Effective not
later than April 5, 2000, the
Secretary'' and inserting ``The
Secretary''; and
(ii) by striking ``the current
managed care support contracts'' and
inserting ``the managed care support
contracts current as of October 5,
1999,''.
SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH ASSESSMENTS FOR
MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION
WITH A CONTINGENCY OPERATION.
Section 1074m(a)(1)(C)(i) of title 10, United States Code,
is amended by striking ``one year'' and inserting ``18
months''.
SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN CASES OF
RAPE AND INCEST.
Section 1093(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``or
in a case in which the pregnancy is the result of an act of
rape or incest''.
SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF AUTISM UNDER THE
TRICARE PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense shall
conduct a pilot program to provide for the treatment of
autism spectrum disorders, including applied behavior
analysis.
(2) Commencement.--The Secretary shall commence the
pilot program under paragraph (1) by not later than 90
days after the date of the enactment of this Act.
(b) Duration.--The Secretary may not carry out the pilot
program under subsection (a)(1) for longer than a one-year
period.
(c) Report.--Not later than 270 days after the date on
which the pilot program under subsection (a)(1) commences, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program. The report shall include the following:
(1) An assessment of the feasibility and
advisability of establishing a beneficiary cost share
for the treatment of autism spectrum disorders.
(2) A comparison of providing such treatment
under--
(A) the ECHO Program; and
(B) the TRICARE program other than under
the ECHO Program.
(3) Any recommendations for changes in legislation.
(4) Any additional information the Secretary
considers appropriate.
(d) Definitions.--In this section:
(1) The term ``ECHO Program'' means the Extended
Care Health Option under subsections (d) through (f) of
section 1079 of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning
given that term in section 1072(7) of title 10, United
States Code.
SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE
EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND
RESERVES THROUGH COMMUNITY PARTNERSHIPS.
(a) Program Authority.--The Secretary of Defense may carry
out a pilot program to enhance the efforts of the Department of
Defense in research, treatment, education, and outreach on
mental health and substance use disorders and traumatic brain
injury in members of the National Guard and Reserves, their
family members, and their caregivers through community
partners.
(b) Agreements With Community Partners.--In carrying out
the pilot program authorized by subsection (a), the Secretary
may enter into partnership agreements with community partners
described in subsection (c) using a competitive and merit-based
award process.
(c) Community Partner Described.--A community partner
described in this subsection is a private non-profit
organization or institution that meets such qualifications as
the Secretary shall establish for purposes of the pilot program
and engages in one or more of the following:
(1) Research on the causes, development, and
innovative treatment of mental health and substance use
disorders and traumatic brain injury in members of the
National Guard and Reserves, their family members, and
their caregivers.
(2) Identifying and disseminating evidence-based
treatments of mental health and substance use disorders
and traumatic brain injury described in paragraph (1).
(3) Outreach and education to such members, their
families and caregivers, and the public about mental
health and substance use disorders and traumatic brain
injury described in paragraph (1).
(d) Duration.--The duration of the pilot program may not
exceed three years.
(e) Report.--Not later than 180 days before the completion
of the pilot program, the Secretary of Defense shall submit to
the Secretary of Veterans Affairs and the congressional defense
committees a report on the results of the pilot program,
including the number of members of the National Guard and
Reserves provided treatment or services by community partners,
and a description and assessment of the effectiveness and
achievements of the pilot program with respect to research,
treatment, education, and outreach on mental health and
substance use disorders and traumatic brain injury.
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEMBERS OF THE
UNIFORMED SERVICES.
It is the sense of Congress that--
(1) members of the uniformed services and their
families endure unique and extraordinary demands and
make extraordinary sacrifices over the course of 20 to
30 years of service in protecting freedom for all
Americans, as do those who have been medically retired
due to the hardships of military service; and
(2) access to quality health care services is an
earned benefit during retirement in acknowledgment of
their contributions of service and sacrifice.
Subtitle B--Health Care Administration
SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE PRIME OF
DEPENDENTS OF MEMBERS IN PAY GRADES ABOVE PAY GRADE
E-4.
Subsection (a) of section 1097a of title 10, United States
Code, is amended to read as follows:
``(a) Automatic Enrollment of Certain Dependents.--(1) In
the case of a dependent of a member of the uniformed services
who is entitled to medical and dental care under section
1076(a)(2)(A) of this title and resides in a catchment area in
which TRICARE Prime is offered, the Secretary--
``(A) shall automatically enroll the dependent in
TRICARE Prime if the member is in pay grade E-4 or
below; and
``(B) may automatically enroll the dependent in
TRICARE Prime if the member is in pay grade E-5 or
higher.
``(2) Whenever a dependent of a member is enrolled in
TRICARE Prime under paragraph (1), the Secretary concerned
shall provide written notice of the enrollment to the member.
``(3) The enrollment of a dependent of the member may be
terminated by the member or the dependent at any time.''.
SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PROGRAM OF THE
TRICARE PROGRAM.
(a) In General.--Section 1074g(a)(6) of title 10, United
States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The Secretary, in the regulations prescribed under
subsection (h), shall establish cost-sharing requirements under
the pharmacy benefits program. In accordance with subparagraph
(C), such cost-sharing requirements shall consist of the
following:
``(i) With respect to each supply of a prescription
covering not more than 30 days that is obtained by a
covered beneficiary under the TRICARE retail pharmacy
program--
``(I) in the case of generic agents, $5;
``(II) in the case of formulary agents,
$17; and
``(III) in the case of nonformulary agents,
$44.
``(ii) With respect to each supply of a
prescription covering not more than 90 days that is
obtained by a covered beneficiary under the national
mail-order pharmacy program--
``(I) in the case of generic agents, $0;
``(II) in the case of formulary agents,
$13; and
``(III) in the case of nonformulary agents,
$43.''; and
(2) by adding at the end the following new
subparagraph:
``(C)(i) Beginning October 1, 2013, the amount of any
increase in a cost-sharing amount specified in subparagraph (A)
in a year may not exceed the amount equal to the percentage of
such cost-sharing amount at the time of such increase equal to
the percentage by which retired pay is increased under section
1401a of this title in that year.
``(ii) If the amount of the increase otherwise provided for
a year by clause (i) is less than $1, the increase shall not be
made for such year, but shall be carried over to, and
accumulated with, the amount of the increase for the subsequent
year or years and made when the aggregate amount of increases
carried over under this clause for a year is $1 or more.
``(iii) The provisions of this subparagraph shall not apply
to any increase in cost-sharing amounts described in clause (i)
that is made by the Secretary of Defense on or after October 1,
2022. The Secretary may increase copayments, as considered
appropriate by the Secretary, beginning on October 1, 2022.''.
(b) Effective Date.--
(1) In general.--The cost-sharing requirements
under subparagraph (A) of section 1074g(a)(6) of title
10, United States Code, as amended by subsection
(a)(1), shall apply with respect to prescriptions
obtained under the TRICARE pharmacy benefits program on
or after such date as the Secretary of Defense shall
specify, but not later than the date that is 45 days
after the date of the enactment of this Act.
(2) Federal register.--The Secretary shall publish
notice of the effective date of the cost-sharing
requirements specified under paragraph (1) in the
Federal Register.
SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY AND
REQUIREMENTS TO SUBCONTRACTORS EMPLOYED TO PROVIDE
HEALTH CARE SERVICES TO THE DEPARTMENT OF DEFENSE.
(a) Applicability of Federal Tort Claims Act to
Subcontractors.--Section 1089(a) of title 10, United States
Code, is amended in the last sentence--
(1) by striking ``if the physician, dentist, nurse,
pharmacist, or paramedical'' and inserting ``to such a
physician, dentist, nurse, pharmacist, or
paramedical'';
(2) by striking ``involved is''; and
(3) by inserting before the period at the end the
following: ``or a subcontract at any tier under such a
contract that is authorized in accordance with the
requirements of such section 1091''.
(b) Applicability of Personal Services Contracting
Authority to Subcontractors.--Section 1091(c) of such title is
amended by adding at the end the following new paragraph:
``(3) The procedures established under paragraph (1) may
provide for a contracting officer to authorize a contractor to
enter into a subcontract for personal services on behalf of the
agency upon a determination that the subcontract is--
``(A) consistent with the requirements of this
section and the procedures established under paragraph
(1); and
``(B) in the best interests of the agency.''.
SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF THE TRICARE
PROGRAM.
Section 717(a)(1) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 376; 10
U.S.C. 1073 note) is amended by striking ``military retirees''
and inserting ``members of the Armed Forces (whether in the
regular or reserve components) and their dependents, military
retirees and their dependents, and dependents of members on
active duty with severe disabilities and chronic health care
needs''.
SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND EFFICIENCY OF
HEALTH ENGAGEMENTS.
(a) In General.--The Secretary of Defense, in coordination
with the Under Secretary of Defense for Policy and the
Assistant Secretary of Defense for Health Affairs, shall
develop a process to ensure that health engagements conducted
by the Department of Defense are effective and efficient in
meeting the national security goals of the United States.
(b) Process Goals.--The Assistant Secretary of Defense for
Health Affairs shall ensure that each process developed under
subsection (a)--
(1) assesses the operational mission capabilities
of the health engagement;
(2) uses the collective expertise of the Federal
Government and non-governmental organizations to ensure
collaboration and partnering activities; and
(3) assesses the stability and resiliency of the
host nation of such engagement.
(c) Assessment Tool.--The Assistant Secretary of Defense
for Health Affairs may establish a measure of effectiveness
learning tool to assess the process developed under subsection
(a) to ensure the applicability of the process to health
engagements conducted by the Department of Defense.
(d) Health Engagement Defined.--In this section, the term
``health engagement'' means a health stability operation
conducted by the Department of Defense outside the United
States in coordination with a foreign government or
international organization to establish, reconstitute, or
maintain the health sector of a foreign country.
SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICATIONS FOR
TRICARE FOR LIFE BENEFICIARIES THROUGH THE TRICARE
MAIL-ORDER PHARMACY PROGRAM.
(a) In General.--The Secretary of Defense shall conduct a
pilot program to refill prescription maintenance medications
for each TRICARE for Life beneficiary through the national
mail-order pharmacy program under section 1074g(a)(2)(E)(iii)
of title 10, United States Code.
(b) Medications Covered.--
(1) Determination.--The Secretary shall determine
the prescription maintenance medications included in
the pilot program under subsection (a).
(2) Supply.--In carrying out the pilot program
under subsection (a), the Secretary shall ensure that
the medications included in the program are generally
available to a TRICARE for Life beneficiary--
(A) for an initial filling of a 30-day or
less supply through--
(i) retail pharmacies under clause
(ii) of section 1074g(a)(2)(E) of title
10, United States Code; and
(ii) facilities of the uniformed
services under clause (i) of such
section; and
(B) for a refill of such medications
through--
(i) the national mail-order
pharmacy program; and
(ii) such facilities of the
uniformed services.
(3) Exemption.-- The Secretary may exempt the
following prescription maintenance medications from the
requirements in paragraph (2):
(A) Such medications that are for acute
care needs.
(B) Such other medications as the Secretary
determines appropriate.
(c) Nonparticipation.--
(1) Opt out.--The Secretary shall give TRICARE for
Life beneficiaries who have been covered by the pilot
program under subsection (a) for a period of one year
an opportunity to opt out of continuing to participate
in the program.
(2) Waiver.--The Secretary may waive the
requirement of a TRICARE for Life beneficiary to
participate in the pilot program under subsection (a)
if the Secretary determines, on an individual basis,
that such waiver is appropriate.
(d) Regulations.--The Secretary shall prescribe regulations
to carry out the pilot program under subsection (a), including
regulations with respect to--
(1) the prescription maintenance medications
included in the pilot program pursuant to subsection
(b)(1); and
(2) addressing instances where a TRICARE for Life
beneficiary covered by the pilot program attempts to
refill such medications at a retail pharmacy rather
than through the national mail-order pharmacy program
or a facility of the uniformed services.
(e) Reports.--Not later than March 31 of each year
beginning in 2014 and ending in 2018, the Secretary shall
submit to the congressional defense committees a report on the
pilot program under subsection (a), including the effects of
offering incentives for the use of mail order pharmacies by
TRICARE beneficiaries and the effect on retail pharmacies.
(f) Sunset.--The Secretary may not carry out the pilot
program under subsection (a) after December 31, 2017.
(g) TRICARE for Life Beneficiary Defined.--In this section,
the term ``TRICARE for Life beneficiary'' means a TRICARE
beneficiary enrolled in the Medicare wraparound coverage option
of the TRICARE program made available to the beneficiary by
reason of section 1086(d) of title 10, United States Code.
Subtitle C--Mental Health Care and Veterans Matters
SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS OF RECORDS AND INFORMATION
RETAINED UNDER THE MEDICAL TRACKING SYSTEM FOR
MEMBERS OF THE ARMED FORCES DEPLOYED OVERSEAS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the results
of examinations and other records on members of the Armed
Forces that are retained and maintained with respect to the
medical tracking system for members deployed overseas under
section 1074f(c) of title 10, United States Code.
(b) Cessation Upon Implementation of Electronic Health
Record.--The sharing required pursuant to subsection (a) shall
cease on the date on which the Secretary of Defense and the
Secretary of Veterans Affairs jointly certify to Congress that
the Secretaries have fully implemented an integrated electronic
health record for members of the Armed Forces that is fully
interoperable between the Department of Defense and the
Department of Veterans Affairs.
SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN PEER SUPPORT
COUNSELING PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Participation.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly enter into
a memorandum of understanding providing for members of
the Armed Forces described in subsection (b) to
volunteer or be considered for employment as peer
counselors under the following:
(A) The peer support counseling program
carried out by the Secretary of Veterans
Affairs under subsection (j) of section 1720F
of title 38, United States Code, as part of the
comprehensive program for suicide prevention
among veterans under subsection (a) of such
section.
(B) The peer support counseling program
carried out by the Secretary of Veterans
Affairs under section 304(a)(1) of the
Caregivers and Veterans Omnibus Health Services
Act of 2010 (Public Law 111-163; 124 Stat.
1150; 38 U.S.C. 1712A note).
(2) Training.--Any member participating in a peer
support counseling program under paragraph (1) shall
receive the training for peer counselors under section
1720F(j)(2) of title 38, United States Code, or section
304(c) of the Caregivers and Veterans Omnibus Health
Services Act of 2010, as applicable, before performing
peer support counseling duties under such program.
(b) Covered Members.--Members of the Armed Forces described
in this subsection are the following:
(1) Members of the reserve components of the Armed
Forces who are demobilizing after deployment in a
theater of combat operations, including, in particular,
members who participated in combat against the enemy
while so deployed.
(2) Members of the regular components of the Armed
Forces separating from active duty who have been
deployed in a theater of combat operations in which
such members participated in combat against the enemy.
SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH CONDITIONS.
(a) Research and Practice.--The Secretary of Defense shall
provide for the translation of research on the diagnosis and
treatment of mental health conditions into policy on medical
practices.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the translation of research into
policy as described in subsection (a). The report shall include
the following:
(1) A summary of the efforts of the Department of
Defense to carry out such translation.
(2) A description of any policy established
pursuant to subsection (a).
(3) Additional legislative or administrative
actions the Secretary considers appropriate with
respect to such translation.
SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Measurement of Mental Health Care Services.--
(1) In general.--Not later than December 31, 2013,
the Secretary of Veterans Affairs shall develop and
implement a comprehensive set of measures to assess
mental health care services furnished by the Department
of Veterans Affairs.
(2) Elements.--The measures developed and
implemented under paragraph (1) shall provide an
accurate and comprehensive assessment of the following:
(A) The timeliness of the furnishing of
mental health care by the Department.
(B) The satisfaction of patients who
receive mental health care services furnished
by the Department.
(C) The capacity of the Department to
furnish mental health care.
(D) The availability and furnishing of
evidence-based therapies by the Department.
(b) Guidelines for Staffing Mental Health Care Services.--
Not later than December 31, 2013, the Secretary shall develop
and implement guidelines for the staffing of general and
specialty mental health care services, including at community-
based outpatient clinics. Such guidelines shall include
productivity standards for providers of mental health care.
(c) Study Committee.--
(1) In general.--The Secretary shall seek to enter
into a contract with the National Academy of Sciences
to create a study committee--
(A) to consult with the Secretary on the
Secretary's development and implementation of
the measures and guidelines required by
subsections (a) and (b); and
(B) to conduct an assessment and provide an
analysis and recommendations on the state of
Department mental health services.
(2) Functions.--In entering into the contract
described in paragraph (1), the Secretary shall, with
respect to paragraph (1)(B), include in such contract a
provision for the study committee--
(A) to conduct a comprehensive assessment
of barriers to access to mental health care by
veterans who served in the Armed Forces in
Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn;
(B) to assess the quality of the mental
health care being provided to such veterans
(including the extent to which veterans are
afforded choices with respect to modes of
treatment) through site visits to facilities of
the Veterans Health Administration (including
at least one site visit in each Veterans
Integrated Service Network), evaluating studies
of patient outcomes, and other appropriate
means;
(C) to assess whether, and the extent to
which, veterans who served in the Armed Forces
in Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn are being
offered a full range of necessary mental health
services at Department health care facilities,
including early intervention services for
hazardous drinking, relationship problems, and
other behaviors that create a risk for the
development of a chronic mental health
condition;
(D) to conduct surveys or have access to
Department-administered surveys of--
(i) providers of Department mental
health services;
(ii) veterans who served in the
Armed Forces in Operation Enduring
Freedom, Operation Iraqi Freedom, or
Operation New Dawn who are receiving
mental health care furnished by the
Department; and
(iii) eligible veterans who served
in the Armed Forces in Operation
Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn who are
not using Department health care
services to assess those barriers
described in subparagraph (A); and
(E) to provide to the Secretary, on the
basis of its assessments as delineated in
subparagraphs (A) through (C), specific,
detailed recommendations--
(i) for overcoming barriers, and
improving access, to timely, effective
mental health care at Department health
care facilities (or, where Department
facilities cannot provide such care,
through contract arrangements under
existing law); and
(ii) to improve the effectiveness
and efficiency of mental health
services furnished by the Secretary.
(3) Participation by former officials and employees
of veterans health administration.--The Secretary shall
ensure that any contract entered into under paragraph
(1) provides for inclusion on any subcommittee which
participates in conducting the assessments and
formulating the recommendations provided for in
paragraph (2) at least one former official of the
Veterans Health Administration and at least two former
employees of the Veterans Health Administration who
were providers of mental health care.
(4) Periodic reports to secretary.--In entering
into the contract described in paragraph (1), the
Secretary shall, with respect to paragraph (1)(A),
include in such contract a provision for the submittal
to the Secretary of periodic reports and provision of
other consultation to the Secretary by the study
committee to assist the Secretary in carrying out
subsections (a) and (b).
(5) Reports to congress.--Not later than 30 days
after receiving a report under paragraph (4), the
Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
plans of the Secretary to implement such
recommendations submitted to the Secretary by the study
committee as the Secretary considers appropriate. Such
report shall include a description of each
recommendation submitted to the Secretary that the
Secretary does not plan to carry out and an explanation
of why the Secretary does not plan to carry out such
recommendation.
(d) Publication.--
(1) In general.--The Secretary shall make available
to the public on an Internet website of the Department
the following:
(A) The measures and guidelines developed
and implemented under this section.
(B) An assessment of the performance of the
Department using such measures and guidelines.
(2) Quarterly updates.--The Secretary shall update
the measures, guidelines, and assessment made available
to the public under paragraph (1) not less frequently
than quarterly.
(e) Semiannual Reports.--
(1) In general.--Not later than June 30, 2013, and
not less frequently than twice each year thereafter,
the Secretary shall submit to the committees of
Congress specified in subsection (c)(5) a report on the
Secretary's progress in developing and implementing the
measures and guidelines required by this section.
(2) Elements.--Each report submitted under
paragraph (1) shall include the following:
(A) A description of the development and
implementation of the measures required by
subsection (a) and the guidelines required by
subsection (b).
(B) A description of the progress made by
the Secretary in developing and implementing
such measures and guidelines.
(C) An assessment of the mental health care
services furnished by the Department, using the
measures developed and implemented under
subsection (a).
(D) An assessment of the effectiveness of
the guidelines developed and implemented under
subsection (b).
(E) Such recommendations for legislative or
administrative action as the Secretary may have
to improve the effectiveness and efficiency of
the mental health care services furnished under
laws administered by the Secretary.
(f) Implementation Report.--
(1) In general.--Not later than 30 days before the
date on which the Secretary begins implementing the
measures and guidelines required by this section, the
Secretary shall submit to the committees of Congress
specified in subsection (c)(5) a report on the
Secretary's planned implementation of such measures and
guidelines.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A detailed description of the measures
and guidelines that the Secretary plans to
implement under this section.
(B) A description of the rationale for each
measure and guideline the Secretary plans to
implement under this section.
(C) A discussion of each measure and
guideline that the Secretary considered under
this section but chose not to implement.
(D) The number of current vacancies in
mental health care provider positions in the
Department.
(E) An assessment of how many additional
positions are needed to meet current or
expected demand for mental health services
furnished by the Department.
SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FURNISHING
COUNSELING TO CERTAIN MEMBERS OF THE ARMED FORCES
AND THEIR FAMILY MEMBERS.
Section 1712A of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``Upon the request'' and all
that follows through the period at the
end and inserting ``Upon the request of
any individual referred to in
subparagraph (C), the Secretary shall
furnish counseling, including by
furnishing counseling through a Vet
Center, to the individual--
``(i) in the case of an individual referred to in
clauses (i) through (iv) of subparagraph (C), to assist
the individual in readjusting to civilian life; and
``(ii) in the case of an individual referred to in
clause (v) of such subparagraph who is a family member
of a veteran or member described in such clause--
``(I) in the case of a member who is
deployed in a theater of combat operations or
an area at a time during which hostilities are
occurring in that area, during such deployment
to assist such individual in coping with such
deployment; and
``(II) in the case of a veteran or member
who is readjusting to civilian life, to the
degree that counseling furnished to such
individual is found to aid in the readjustment
of such veteran or member to civilian life.'';
and
(ii) by striking subparagraph (B)
and inserting the following new
subparagraphs:
``(B) Counseling furnished to an individual under
subparagraph (A) may include a comprehensive individual
assessment of the individual's psychological, social, and other
characteristics to ascertain whether--
``(i) in the case of an individual referred to in
clauses (i) through (iv) of subparagraph (C), such
individual has difficulties associated with readjusting
to civilian life; and
``(ii) in the case of an individual referred to in
clause (v) of such subparagraph, such individual has
difficulties associated with--
``(I) coping with the deployment of a
member described in subclause (I) of such
clause; or
``(II) readjustment to civilian life of a
veteran or member described in subclause (II)
of such clause.
``(C) Subparagraph (A) applies to the following
individuals:
``(i) Any individual who is a veteran or member of
the Armed Forces, including a member of a reserve
component of the Armed Forces, who served on active
duty in a theater of combat operations or an area at a
time during which hostilities occurred in that area.
``(ii) Any individual who is a veteran or member of
the Armed Forces, including a member of a reserve
component of the Armed Forces, who provided direct
emergency medical or mental health care, or mortuary
services to the causalities of combat operations or
hostilities, but who at the time was located outside
the theater of combat operations or area of
hostilities.
``(iii) Any individual who is a veteran or member
of the Armed Forces, including a member of a reserve
component of the Armed Forces, who engaged in combat
with an enemy of the United States or against an
opposing military force in a theater of combat
operations or an area at a time during which
hostilities occurred in that area by remotely
controlling an unmanned aerial vehicle, notwithstanding
whether the physical location of such veteran or member
during such combat was within such theater of combat
operations or area.
``(iv) Any individual who received counseling under
this section before the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2013.
``(v) Any individual who is a family member of
any--
``(I) member of the Armed Forces, including
a member of a reserve component of the Armed
Forces, who is serving on active duty in a
theater of combat operations or in an area at a
time during which hostilities are occurring in
that area; or
``(II) veteran or member of the Armed
Forces described in this subparagraph.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as
paragraph (2); and
(D) in paragraph (2), as redesignated by
subparagraph (C)--
(i) by striking ``a veteran
described in paragraph (1)(B)(iii)''
and inserting ``an individual described
in paragraph (1)(C)''; and
(ii) by striking ``the veteran a
preliminary general mental health
assessment'' and inserting ``the
individual a comprehensive individual
assessment as described in paragraph
(1)(B)'';
(2) in subsection (b)(1), by striking ``physician
or psychologist'' each place it appears and inserting
``licensed or certified mental health care provider'';
(3) in subsection (g)--
(A) by amending paragraph (1) to read as
follows:
``(1) The term `Vet Center' means a facility which
is operated by the Department for the provision of
services under this section and which is situated apart
from Department general health care facilities.''; and
(B) by adding at the end the following new
paragraph:
``(3) The term `family member', with respect to a
veteran or member of the Armed Forces, means an
individual who--
``(A) is a member of the family of the
veteran or member, including--
``(i) a parent;
``(ii) a spouse;
``(iii) a child;
``(iv) a step-family member; and
``(v) an extended family member; or
``(B) lives with the veteran or member but
is not a member of the family of the veteran or
member.''; and
(4) by redesignating subsection (g), as amended by
paragraph (3), as subsection (h) and inserting after
subsection (f) the following new subsection (g):
``(g) In carrying out this section and in furtherance of
the Secretary's responsibility to carry out outreach activities
under chapter 63 of this title, the Secretary may provide for
and facilitate the participation of personnel employed by the
Secretary to provide services under this section in
recreational programs that are--
``(1) designed to encourage the readjustment of
veterans described in subsection (a)(1)(C); and
``(2) operated by any organization named in or
approved under section 5902 of this title.''.
SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7309. Readjustment Counseling Service
``(a) In General.--There is in the Veterans Health
Administration a Readjustment Counseling Service. The
Readjustment Counseling Service shall provide readjustment
counseling and associated services to individuals in accordance
with section 1712A of this title.
``(b) Chief Officer.--(1) The head of the Readjustment
Counseling Service shall be the Chief Officer of the
Readjustment Counseling Service (in this section referred to as
the `Chief Officer'), who shall report directly to the Under
Secretary for Health.
``(2) The Chief Officer shall be appointed by the Under
Secretary for Health from among individuals who--
``(A)(i) are psychologists who hold a diploma as a
doctorate in clinical or counseling psychology from an
authority approved by the American Psychological
Association and who have successfully undergone an
internship approved by that association;
``(ii) are holders of a master in social work
degree; or
``(iii) hold such other advanced degrees related to
mental health as the Secretary considers appropriate;
``(B) have at least three years of experience
providing direct counseling services or outreach
services in the Readjustment Counseling Service;
``(C) have at least three years of experience
administrating direct counseling services or outreach
services in the Readjustment Counseling Service;
``(D) meet the quality standards and requirements
of the Department; and
``(E) are veterans who served in combat as members
of the Armed Forces.
``(c) Structure.--(1) The Readjustment Counseling Service
is a distinct organizational element within Veterans Health
Administration.
``(2) The Readjustment Counseling Service shall provide
counseling and services as described in subsection (a).
``(3) The Chief Officer shall have direct authority over
all Readjustment Counseling Service staff and assets, including
Vet Centers.
``(d) Source of Funds.--(1) Amounts for the activities of
the Readjustment Counseling Service, including the operations
of its Vet Centers, shall be derived from amounts appropriated
for the Veterans Health Administration for medical care.
``(2) Amounts for activities of the Readjustment Counseling
Service, including the operations of its Vet Centers, shall not
be allocated through the Veterans Equitable Resource Allocation
system.
``(3) In each budget request submitted for the Department
of Veterans Affairs by the President to Congress under section
1105 of title 31, the budget request for the Readjustment
Counseling Service shall be listed separately.
``(e) Annual Report.--(1) Not later than March 15 of each
year, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the activities of the
Readjustment Counseling Service during the preceding calendar
year.
``(2) Each report submitted under paragraph (1) shall
include, with respect to the period covered by the report, the
following:
``(A) A summary of the activities of the
Readjustment Counseling Service, including Vet Centers.
``(B) A description of the workload and additional
treatment capacity of the Vet Centers, including, for
each Vet Center, the ratio of the number of full-time
equivalent employees at such Vet Center and the number
of individuals who received services or assistance at
such Vet Center.
``(C) A detailed analysis of demand for and unmet
need for readjustment counseling services and the
Secretary's plan for meeting such unmet need.
``(f) Vet Center Defined.--In this section, the term `Vet
Center' has the meaning given the term in section 1712A(h)(1)
of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of such title is amended by inserting
after the item relating to section 7308 the following new item:
``7309. Readjustment Counseling Service.''.
(c) Conforming Amendments.--Section 7305 of such title is
amended--
(1) by redesignating paragraph (7) as paragraph
(8); and
(2) by inserting after paragraph (6) the following
new paragraph (7):
``(7) A Readjustment Counseling Service.''.
SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FURNISHING MENTAL
HEALTH SERVICES ON BEHALF OF THE DEPARTMENT OF
VETERANS AFFAIRS WITHOUT COMPENSATION FROM THE
DEPARTMENT.
(a) In General.--The Secretary of Veterans Affairs shall
carry out a national program of outreach to societies,
community organizations, nonprofit organizations, and
government entities in order to recruit mental health providers
who meet the quality standards and requirements of the
Department of Veterans Affairs to provide mental health
services for the Department on a part-time, without-
compensation basis, under section 7405 of title 38, United
States Code.
(b) Partnering With and Developing Community Entities and
Nonprofit Organizations.--In carrying out the program required
by subsection (a), the Secretary may partner with a community
entity or nonprofit organization or assist in the development
of a community entity or nonprofit organization, including by
entering into an agreement under section 8153 of title 38,
United States Code, that provides strategic coordination of the
societies, organizations, and government entities described in
subsection (a) in order to maximize the availability and
efficient delivery of mental health services to veterans by
such societies, organizations, and government entities.
(c) Military Culture Training.--In carrying out the program
required by subsection (a), the Secretary shall provide
training to mental health providers to ensure that clinicians
who provide mental health services as described in such
subsection have sufficient understanding of military-specific
and service-specific culture, combat experience, and other
factors that are unique to the experience of veterans who
served in Operation Enduring Freedom, Operating Iraqi Freedom,
or Operation New Dawn.
SEC. 730. PEER SUPPORT.
(a) Peer Support Counseling Program.--
(1) Program required.--Paragraph (1) of section
1720F(j) of title 38, United States Code, is amended in
the matter preceding subparagraph (A) by striking
``may'' and inserting ``shall''.
(2) Training.--Paragraph (2) of such section is
amended by inserting after ``peer counselors'' the
following: ``, including training carried out under the
national program of training required by section 304(c)
of the Caregivers and Veterans Omnibus Health Services
Act of 2010 (38 U.S.C. 1712A note)''.
(3) Availability of program at department medical
centers.--Such section is amended by adding at the end
the following new paragraph:
``(3) In addition to other locations the Secretary
considers appropriate, the Secretary shall carry out the peer
support program under this subsection at each Department
medical center.''.
(4) Deadline for commencement of program.--The
Secretary of Veterans Affairs shall ensure that the
peer support counseling program required by section
1720F(j) of title 38, United States Code, as amended by
this subsection, commences at each Department of
Veterans Affairs medical center not later than 270 days
after the date of the enactment of this Act.
(b) Peer Outreach and Peer Support Services at Department
Medical Centers Under Program on Readjustment and Mental Health
Care Services for Veterans Who Served in Operation Enduring
Freedom and Operation Iraqi Freedom.--
(1) In general.--Section 304 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public
Law 111-163; 38 U.S.C. 1712A note) is amended--
(A) by redesignating subsection (e) as
subsection (f); and
(B) by inserting after subsection (d) the
following new subsection (e):
``(e) Provision of Peer Outreach and Peer Support Services
at Department Medical Centers.--The Secretary shall carry out
the services required by subparagraphs (A) and (B) of
subsection (a)(1) at each Department medical center.''.
(2) Deadline.--The Secretary of Veterans Affairs
shall commence carrying out the services required by
subparagraphs (A) and (B) of subsection (a)(1) of such
section at each Department of Veterans Affairs medical
center, as required by subsection (e) of such section
(as added by paragraph (1)), not later than 270 days
after the date of the enactment of this Act.
Subtitle D--Reports and Other Matters
SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILITARY HEALTH
SYSTEM.
(a) Detailed Plan.--In implementing reforms to the
governance of the military health system described in the
memorandum of the Deputy Secretary of Defense dated March 2012,
the Secretary of Defense shall develop a detailed plan to carry
out such reform.
(b) Elements.--The plan developed under subsection (a)
shall include the following:
(1) Goals to achieve while carrying out the reform
described in subsection (a), including goals with
respect to improving clinical and business practices,
cost reductions, infrastructure reductions, and
personnel reductions, achieved by establishing the
Defense Health Agency, carrying out shared services,
and modifying the governance of the National Capital
Region.
(2) Metrics to evaluate the achievement of each
goal under paragraph (1) with respect to the purpose,
objective, and improvements made by each such goal.
(3) The personnel levels required for the Defense
Health Agency and the National Capital Region Medical
Directorate.
(4) A detailed schedule to carry out the reform
described in subsection (a), including a schedule for
meeting the goals under paragraph (1).
(5) Detailed information describing the initial
operating capability of the Defense Health Agency.
(6) With respect to each shared service that the
Secretary will implement during fiscal year 2013 or
2014--
(A) a timeline for such implementation; and
(B) a business case analysis detailing--
(i) the services that will be
consolidated into the shared service;
(ii) the purpose of the shared
service;
(iii) the scope of the
responsibilities and goals for the
shared service;
(iv) the cost of implementing the
shared service, including the costs
regarding personnel severance,
relocation, military construction,
information technology, and contractor
support; and
(v) the anticipated cost savings to
be realized by implementing the shared
service.
(c) Submission.--The Secretary of Defense shall submit to
the congressional defense committees the plan developed under
subsection (a) as follows:
(1) The contents of the plan described in
paragraphs (1) and (4) of subsection (b) shall be
submitted not later than March 31, 2013.
(2) The contents of the plan described in
paragraphs (2) and (3) of subsection (b) and paragraph
(6) of such subsection with respect to shared services
implemented during fiscal year 2013 shall be submitted
not later than June 30, 2013.
(3) The contents of the plan described in paragraph
(6) of such subsection with respect to shared services
implemented during fiscal year 2014 shall be submitted
not later than September 30, 2013.
(d) Limitations.--
(1) First submission.--Of the funds authorized to
be appropriated by this Act or otherwise made available
for fiscal year 2013 for the accounts and activities
described in paragraph (4), not more than 50 percent
may be obligated or expended until the date on which
the Secretary of Defense submits to the congressional
defense committees the contents of the plan under
subsection (c)(1).
(2) Second submission.--Of the funds authorized to
be appropriated by this Act or otherwise made available
for fiscal year 2013 for the accounts and activities
described in paragraph (4), not more than 75 percent
may be obligated or expended until the date on which
the Secretary of Defense submits to the congressional
defense committees the contents of the plan under
subsection (c)(2).
(3) Comptroller general review.--The Comptroller
General of the United States shall submit to the
congressional defense committees a review of the
contents of the plan submitted under each of paragraphs
(1) and (2) to assess whether the Secretary of Defense
meets the requirements of such contents.
(4) Accounts and activities described.--The
accounts and activities described in this paragraph are
as follows:
(A) Operation and maintenance, Defense-
wide, for the Office of the Secretary of
Defense for travel.
(B) Operation and maintenance, Defense-
wide, for the Office of the Secretary of
Defense for management professional support
services.
(C) Operation and maintenance, Defense
Health Program, for travel.
(D) Operation and maintenance, Defense
Health Program, for management professional
support services.
(e) Shared Services Defined.--In this section, the term
``shared services'' means the common services required for each
military department to provide medical support to the Armed
Forces and authorized beneficiaries.
SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE UNITED
STATES.
(a) Report Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report setting forth the policy of the Department of
Defense on the future availability of TRICARE Prime
under the TRICARE program for eligible beneficiaries in
all TRICARE regions throughout the United States.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A description, by region, of the
difference in availability of TRICARE Prime for
eligible beneficiaries (other than eligible
beneficiaries on active duty in the Armed
Forces) under newly awarded TRICARE managed
care contracts, including, in particular, an
identification of the regions or areas in which
TRICARE Prime will no longer be available for
such beneficiaries under such contracts.
(B) An estimate of the increased costs to
be incurred by an affected eligible beneficiary
for health care under the TRICARE program.
(C) An estimate of the savings to be
achieved by the Department as a result of the
contracts described in subparagraph (A).
(D) A description of the plans of the
Department to continue to assess the impact on
access to health care for affected eligible
beneficiaries.
(E) A description of the plan of the
Department to provide assistance to affected
eligible beneficiaries who are transitioning
from TRICARE Prime to TRICARE Standard,
including assistance with respect to
identifying health care providers.
(F) Any other matter the Secretary
considers appropriate.
(b) Definitions.--In this section:
(1) The term ``affected eligible beneficiary''
means an eligible beneficiary under the TRICARE Program
(other than eligible beneficiaries on active duty in
the Armed Forces) who, as of the date of the enactment
of this Act--
(A) is enrolled in TRICARE Prime; and
(B) resides in a region of the United
States in which TRICARE Prime enrollment will
no longer be available for such beneficiary
under a contract described in subsection
(a)(2)(A) that does not allow for such
enrollment because of the location in which
such beneficiary resides.
(2) The term ``TRICARE Prime'' means the managed
care option of the TRICARE program.
(3) The term ``TRICARE program'' has the meaning
given that term in section 1072(7) of title 10, United
States Code.
(4) The term ``TRICARE Standard'' means the fee-
for-service option of the TRICARE Program.
SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH
CARE STAFFING FOR MILITARY MEDICAL TREATMENT
FACILITIES.
Section 726(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is
amended by striking ``March 31, 2012'' and inserting ``March
31, 2013''.
SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC
HEALTH SERVICES AND TREATMENT FOR FEMALE MEMBERS OF
THE ARMED FORCES.
Section 725(c) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is
amended by striking ``December 31, 2012'' and inserting ``March
31, 2013''.
SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHILDREN OF
MEMBERS OF THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study
on the health care and related support provided by the
Secretary to dependent children.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A comprehensive review of the policies of the
Secretary and the TRICARE program with respect to
providing pediatric care.
(2) An assessment of access to pediatric health
care by dependent children in appropriate settings.
(3) An assessment of access to specialty care by
dependent children, including care for children with
special health care needs.
(4) A comprehensive review and analysis of
reimbursement under the TRICARE program for pediatric
care.
(5) An assessment of the adequacy of the ECHO
Program in meeting the needs of dependent children with
extraordinary health care needs.
(6) An assessment of the adequacy of care
management for dependent children with special health
care needs.
(7) An assessment of the support provided through
other Department of Defense or military department
programs and policies that support the physical and
behavorial health of dependent children, including
children with special health care needs.
(8) Mechanisms for linking dependent children with
special health care needs with State and local
community resources, including children's hospitals and
providers of pediatric specialty care.
(9) Strategies to mitigate the impact of frequent
relocations related to military service on the
continuity of health care services for dependent
children, including children with special health and
behavioral health care needs.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study under
subsection (a), including--
(1) the findings of the study;
(2) a plan to improve and continuously monitor the
access of dependent children to quality health care;
and
(3) any recommendations for legislation that the
Secretary considers necessary to maintain the highest
quality of health care for dependent children.
(d) Definitions.--In this section:
(1) The term ``dependent children'' means the
children of members of the Armed Forces who are covered
beneficiaries under chapter 55 of title 10, United
States Code.
(2) The term ``ECHO Program'' means the Extended
Care Health Option under subsections (d) through (f) of
section 1079 of title 10, United States Code.
SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-BASED
METHODS FOR CERTAIN MEDICAL TRAINING.
(a) Report.--
(1) In general.--Not later than March 1, 2013, the
Secretary of Defense shall submit to the congressional
defense committees a report that outlines a strategy,
including a detailed timeline, to refine and, when
appropriate, transition to using human-based training
methods for the purpose of training members of the
Armed Forces in the treatment of combat trauma
injuries.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) Required research, development,
testing, and evaluation investments to validate
human-based training methods to refine, reduce,
and, when appropriate, transition from the use
of live animals in medical education and
training.
(B) Phased sustainment and readiness costs
to refine, reduce, and, when appropriate,
replace the use of live animals in medical
education and training.
(C) Any risks associated with transitioning
to human-based training methods, including
resource availability, anticipated
technological development timelines, and
potential impact on the present combat trauma
training curricula.
(D) An assessment of the potential effect
of transitioning to human-based training
methods on the quality of medical care
delivered on the battlefield, including any
reduction in the competency of combat medical
personnel.
(E) An assessment of risks to maintaining
the level of combat life-saver techniques
performed by all members of the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``combat trauma injuries'' means
severe injuries likely to occur during combat,
including--
(A) extremity hemorrhage;
(B) tension pneumothorax;
(C) amputation resulting from blast injury;
(D) compromises to the airway; and
(E) other injuries.
(2) The term ``human-based training methods''
means, with respect to training individuals in medical
treatment, the use of systems and devices that do not
use animals, including--
(A) simulators;
(B) partial task trainers;
(C) moulage;
(D) simulated combat environments; and
(E) human cadavers.
(3) The term ``partial task trainers'' means
training aids that allow individuals to learn or
practice specific medical procedures.
SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE
ARMED FORCES SERVING ON ACTIVE DUTY.
(a) Study.--The Secretary of Defense shall conduct a study
on the incidence of breast cancer among members of the Armed
Forces serving on active duty.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A determination of the number of members of the
Armed Forces who served on active duty at any time
during the period from 2000 to 2010 who were diagnosed
with breast cancer during such period.
(2) A determination of demographic information
regarding such members, including race, ethnicity, sex,
age, and rank.
(3) An analysis of breast cancer treatments
received by such members and the source of such
treatment.
(4) The availability and training of breast cancer
specialists within the military health system.
(5) A comparison of the rates of members of the
Armed Forces serving on active duty who have breast
cancer to civilian populations with comparable
demographic characteristics.
(6) Identification of potential factors associated
with military service that could increase the risk of
breast cancer for members of the Armed Forces serving
on active duty.
(7) A description of a research agenda to further
the understanding of the Department of Defense of the
incidence of breast cancer among such members.
(8) An assessment of the effectiveness of outreach
to members of the Armed Forces to identify risks of,
prevent, detect, and treat breast cancer.
(9) Recommendations for changes to policy or law
that could improve the prevention, early detection,
awareness, and treatment of breast cancer among members
of the Armed Forces serving on active duty.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings and
recommendations of the study under subsection (a), including a
description of any further unique military research needed with
respect to breast cancer.
SEC. 738. PERFORMANCE METRICS AND REPORTS ON WARRIORS IN TRANSITION
PROGRAMS OF THE MILITARY DEPARTMENTS.
(a) Metrics Required.--The Secretary of Defense shall
establish a policy containing uniform performance outcome
measurements to be used by each Secretary of a military
department in tracking and monitoring members of the Armed
Forces in Warriors in Transition programs.
(b) Elements.--The policy established under subsection (a)
shall identify outcome measurements with respect to the
following:
(1) Physical health and behavioral health.
(2) Rehabilitation.
(3) Educational and vocational preparation.
(4) Such other matters as the Secretary considers
appropriate.
(c) Milestones.--In establishing the policy under
subsection (a), the Secretary of Defense shall establish
metrics and milestones for members in Warriors in Transition
programs. Such metrics and milestones shall cover members
throughout the course of care and rehabilitation in Warriors in
Transitions programs by applying to the following occasions:
(1) When the member commences participation in the
program.
(2) At least once each year the member participates
in the program.
(3) When the member ceases participation in the
program or is transferred to the jurisdiction of the
Secretary of Veterans Affairs.
(d) Cohort Groups and Parameters.--The policy established
under subsection (a)--
(1) may differentiate among cohort groups within
the population of members in Warriors in Transition
programs, as appropriate; and
(2) shall include parameters for specific outcome
measurements in each element under subsection (b) and
each metric and milestone under subsection (c).
(e) Reports Required.--
(1) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the policy established under
subsection (a), including the outcome measurements for
each element under subsection (b) and each metric and
milestone under subsection (c).
(2) Annual reports.--Not later than February of
each year beginning in 2014 and ending in 2018, the
Secretary of Defense shall submit to the congressional
defense committees a report on the performance of the
military departments with respect to the policy
established under subsection (a). Each report shall
include--
(A) an analysis of--
(i) data on improvements in the
progress of members in Warriors in
Transition programs in each specific
area identified in the policy;
(ii) access to health and
rehabilitation services by such
members, including average appointment
waiting times by specialty;
(iii) effectiveness of the programs
in assisting in the transition of such
members to military duty or civilian
life through education and vocational
assistance;
(iv) any differences in outcomes in
Warriors in Transition programs, and
the reason for any such differences;
and
(v) the quantities and
effectiveness of medical and nonmedical
case managers, legal support and
physical evaluation board liaison
officers, mental health care providers,
and medical evaluation physicians in
comparison to the actual number of
members requiring such services; and
(B) such other results and analyses as the
Secretary considers appropriate, including any
recommendations for legislation if needed.
(f) Warriors in Transition Program Defined.--In this
section, the term ``Warriors in Transition program'' means any
major support program of the Armed Forces for members of the
Armed Forces with severe wounds, illnesses, or injuries that is
intended to provide such members with nonmedical case
management service and care coordination services, and includes
the programs as follows:
(1) Warrior Transition Units and the Wounded
Warrior Program of the Army.
(2) The Wounded Warrior Safe Harbor program of the
Navy.
(3) The Wounded Warrior Regiment of the Marine
Corps.
(4) The Recovery Care Program and the Wounded
Warrior programs of the Air Force.
(5) The Care Coalition of the United States Special
Operations Command.
SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS OF THE
DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL HEALTH AND
TRAUMATIC BRAIN INJURY.
(a) Sense of Congress.--Congress supports the efforts of
the Secretary of Veterans Affairs and the Secretary of Defense
to educate members of the Armed Forces, veterans, the families
of such members and veterans, the medical community, and the
public with respect to the causes, symptoms, and treatment of
post-traumatic stress disorder.
(b) Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a plan to improve the coordination and integration of
the programs of the Department of Defense that address
traumatic brain injury and the psychological health of
members of the Armed Forces.
(2) Elements.--The plan under paragraph (1) shall
include the following:
(A) Identification of--
(i) any gaps in services and
treatments provided by the programs of
the Department of Defense that address
traumatic brain injury and the
psychological health of members of the
Armed Forces; and
(ii) any unnecessary redundancies
in such programs.
(B) A plan for mitigating the gaps and
redundancies identified under subparagraph (A).
(C) Identification of the official within
the Department who will be responsible for
leading the implementation of the plan
described in paragraph (1).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by certain
nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts
under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining
bid protests in annual protest report by Comptroller General
to Congress.
Subtitle A--Acquisition Policy and Management
SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF
DEFENSE THROUGH THE WORK FOR OTHERS PROGRAM OF THE
DEPARTMENT OF ENERGY.
(a) In General.--Subsection (d) of section 801 of the
National Defense Authorization Act for Fiscal Year 2008 (10
U.S.C. 2304 note) is amended--
(1) in the subsection heading, by striking
``Defense'' and inserting ``Applicable'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``For the purposes'' and inserting
``(1) Except as provided in paragraph (2), for the
purposes'';
(4) in paragraph (1), as designated by paragraph
(3) of this subsection, by striking ``defense
procurement'' and inserting ``applicable procurement'';
and
(5) by adding at the end the following new
paragraph (2):
``(2) In the case of the procurement of property or
services on behalf of the Department of Defense through the
Work for Others program of the Department of Energy, the laws
and regulations applicable under paragraph (1)(B) are the
Department of Energy Acquisition Regulations, pertinent
interagency agreements, and Department of Defense and
Department of Energy policies related to the Work for Others
program.''.
(b) Conforming Amendments.--Such section is further amended
by striking ``defense procurement'' and inserting ``applicable
procurement'' each place it appears as follows:
(1) Subsection (a)(1)(B).
(2) Subsection (a)(4) (as redesignated by section
805(a)(3)).
(3) Subsection (a)(4)(A) (as redesignated by
section 805(a)(3)).
(4) Subsection (b)(1)(A).
(5) Subsection (b)(1)(B)(ii).
(6) Subsection (c)(2)(F).
SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH CONTRACTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, the Secretary of State, and
the Administrator of the United States Agency for International
Development shall issue such guidance and regulations as may be
necessary to ensure that in any case in which an offeror for a
contract or a task or delivery order informs the agency
pursuant to section 52.215-22 of the Federal Acquisition
Regulation that the offeror intends to award subcontracts for
more than 70 percent of the total cost of work to be performed
under the contract, task order, or delivery order, the
contracting officer for the contract is required to--
(1) consider the availability of alternative
contract vehicles and the feasibility of contracting
directly with a subcontractor or subcontractors that
will perform the bulk of the work;
(2) make a written determination that the
contracting approach selected is in the best interest
of the Government; and
(3) document the basis for such determination.
SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
(a) In General.--Section 1705 of title 10, United States
Code, is amended--
(1) in subsection (d)(2)(C), by striking clauses
(i) through (vi) and inserting the following:
``(i) For fiscal year 2013, $500,000,000.
``(ii) For fiscal year 2014, $800,000,000.
``(iii) For fiscal year 2015, $700,000,000.
``(iv) For fiscal year 2016, $600,000,000.
``(v) For fiscal year 2017, $500,000,000.
``(vi) For fiscal year 2018,
$400,000,000.'';
(2) in subsection (e)--
(A) in paragraph (1), by adding at the end
the following new sentence: ``In the case of
temporary members of the acquisition workforce
designated pursuant to subsection (h)(2), such
funds shall be available only for the limited
purpose of providing training in the
performance of acquisition-related functions
and duties.''; and
(B) in paragraph (5), by inserting before
the period at the end the following: ``, and
who has continued in the employment of the
Department since such time without a break in
such employment of more than a year'';
(3) by striking subsection (g);
(4) by redesignating subsection (h) as subsection
(g); and
(5) by adding at the end the following new
subsection (h):
``(h) Acquisition Workforce Defined.--In this section, the
term `acquisition workforce' means the following:
``(1) Personnel in positions designated under
section 1721 of this title as acquisition positions for
purposes of this chapter.
``(2) Other military personnel or civilian
employees of the Department of Defense who--
``(A) contribute significantly to the
acquisition process by virtue of their assigned
duties; and
``(B) are designated as temporary members
of the acquisition workforce by the Under
Secretary of Defense for Acquisition,
Technology, and Logistics, or by the senior
acquisition executive of a military department,
for the limited purpose of receiving training
for the performance of acquisition-related
functions and duties.''.
(b) Extension of Expedited Hiring Authority.--Subsection
(g) of such section, as redesignated by subsection (a)(4) of
this section, is further amended in paragraph (2) by striking
``September 30, 2015'' and inserting ``September 30, 2017''.
(c) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall develop a plan
for the implementation of the authority provided by the
amendments made by subsection (a) with regard to temporary
members of the defense acquisition workforce. The plan shall
include policy, criteria, and processes for designating
temporary members and appropriate safeguards to prevent the
abuse of such authority.
SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR PROFITS.
(a) Review of Guidelines on Profits.--The Secretary of
Defense shall review the profit guidelines in the Department of
Defense Supplement to the Federal Acquisition Regulation in
order to identify any modifications to such guidelines that are
necessary to ensure an appropriate link between contractor
profit and contractor performance. In conducting the review,
the Secretary shall obtain the views of experts and interested
parties in Government and the private sector.
(b) Matters To Be Considered.--In conducting the review
required by subsection (a), the Secretary shall consider, at a
minimum, the following:
(1) Appropriate levels of profit needed to sustain
competition in the defense industry, taking into
account contractor investment and cash flow.
(2) Appropriate adjustments to address contract and
performance risk assumed by the contractor, taking into
account the extent to which such risk is passed on to
subcontractors.
(3) Appropriate incentives for superior performance
in delivering quality products and services in a timely
and cost-effective manner, taking into account such
factors as prime contractor cost reduction, control of
overhead costs, subcontractor cost reduction,
subcontractor management, and effective competition
(including the use of small business) at the
subcontract level.
(c) Modification of Guidelines.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall modify the profit guidelines described in subsection (a)
to make such changes as the Secretary determines to be
appropriate based on the review conducted pursuant to that
subsection.
SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS FOR
PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE
BY CERTAIN NONDEFENSE AGENCIES.
(a) Discretionary Authority.--Subsection (a) of section 801
of the National Defense Authorization Act for Fiscal Year 2008
(10 U.S.C. 2304 note) is amended--
(1) in paragraph (1), by striking ``shall, not
later than the date specified in paragraph (2),'' and
inserting ``may'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(4) in paragraph (3), as redesignated by paragraph
(3) of this subsection--
(A) by striking ``required under this
subsection'' and inserting ``to be performed
under this subsection''; and
(B) by striking ``shall'' and inserting
``may''; and
(5) in paragraph (4), as so redesignated, by
striking ``shall'' and inserting ``may''.
(b) Conforming Amendments.--Subsection (b)(1)(B) of such
section is amended--
(1) in clause (i), by striking ``required by
subsection (a)(4)'' and inserting ``to be entered into
under subsection (a)(3)''; and
(2) in clause (ii)--
(A) by striking ``required by subsection
(a)'' and inserting ``provided for under
subsection (a)''; and
(B) by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(4)''.
SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY-CHAIN
RISK.
(a) Extension.--Section 806(g) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by
striking ``the date that is three years after the date of the
enactment of this Act'' and inserting ``September 30, 2018''.
(b) Verification of Effective Implementation.--Section 806
of such Act is further amended by adding at the end the
following new subsection:
``(h) Verification of Effective Implementation.--
``(1) Criteria and data collection to measure
effectiveness.--The Secretary of Defense shall--
``(A) establish criteria for measuring the
effectiveness of the authority provided by this
section; and
``(B) collect data to evaluate the
implementation of this section using such
criteria.
``(2) Reports.--The Secretary shall submit to the
appropriate congressional committees--
``(A) not later than March 1, 2013, a
report on the criteria established under
paragraph (1)(A); and
``(B) not later than January 1, 2017, a
report on the effectiveness of the
implementation of this section, based on data
collected under paragraph (1)(B).''.
(c) Technical Amendment.--Section 806(f)(2) of such Act is
amended by striking ``that awarded'' and inserting ``that are
awarded''.
SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF THE
DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS ITEM
UNIQUE IDENTIFICATION INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) In 2003, the Department of Defense initiated
the Item Unique Identification (IUID) Initiative, which
requires the marking and tracking of assets deployed
throughout the Armed Forces or in the possession of
Department contractors.
(2) The Initiative has the potential for realizing
significant cost savings and improving the management
of defense equipment and supplies throughout their
lifecycle.
(3) The Initiative can help the Department combat
the growing problem of counterfeit parts in the
military supply chain.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support efforts by the Department of Defense
to implement the Item Unique Identification Initiative;
(2) to support measures to verify contractor
compliance with section 252.211-7003 (entitled ``Item
Identification and Valuation'') of the Defense
Supplement to the Federal Acquisition Regulation, on
Unique Identification, which states that a unique
identification equivalent recognized by the Department
is required for certain acquisitions;
(3) to encourage the Armed Forces to adopt and
implement Item Unique Identification actions and
milestones; and
(4) to support investment of sufficient resources
and continued training and leadership to enable the
Department to capture meaningful data and optimize the
benefits of the Item Unique Identification Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS.
(a) Prohibition With Respect to Production of Major Defense
Acquisition Programs.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
modify the acquisition regulations of the Department of Defense
to prohibit the Department from entering into cost-type
contracts for the production of major defense acquisition
programs.
(b) Exception.--
(1) In general.--The prohibition under subsection
(a) shall not apply in the case of a particular cost-
type contract if the Under Secretary of Defense for
Acquisition, Technology, and Logistics provides written
certification to the congressional defense committees
that a cost-type contract is needed to provide a
required capability in a timely and cost-effective
manner.
(2) Scope of exception.--In any case for which the
Under Secretary grants an exception under paragraph
(1), the Under Secretary shall take affirmative steps
to make sure that the use of cost-type pricing is
limited to only those line items or portions of the
contract where such pricing is needed to achieve the
purposes of the exception. A written certification
under paragraph (1) shall be accompanied by an
explanation of the steps taken under this paragraph.
(c) Definitions.--In this section:
(1) Major defense acquisition program.--The term
``major defense acquisition program'' has the meaning
given the term in section 2430(a) of title 10, United
States Code.
(2) Production of a major defense acquisition
program.--The term ``production of a major defense
acquisition program'' means the production and
deployment of a major system that is intended to
achieve an operational capability that satisfies
mission needs, or any activity otherwise defined as
Milestone C under Department of Defense Instruction
5000.02 or related authorities.
(3) Contract for the production of a major defense
acquisition program.--The term ``contract for the
production of a major defense acquisition program''--
(A) means a prime contract for the
production of a major defense acquisition
program; and
(B) does not include individual line items
for segregable efforts or contracts for the
incremental improvement of systems that are
already in production (other than contracts for
major upgrades that are themselves major
defense acquisition programs).
(d) Applicability.--The requirements of this section shall
apply to contracts for the production of major defense
acquisition programs entered into on or after October 1, 2014.
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CONTRACTS FOR
THE DEVELOPMENT OR PRODUCTION OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Department of Defense Review.--Not later than 180 days
after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall review relevant acquisition guidance and take appropriate
actions to ensure that program managers for major defense
acquisition programs are preparing estimates of potential
termination liability for covered contracts, including how such
termination liability is likely to increase or decrease over
the period of performance, and are giving appropriate
consideration to such estimates before making recommendations
on decisions to enter into or terminate such contracts.
(b) Comptroller General of the United States Report.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the extent
to which the Department of Defense is considering
potential termination liability as a factor in entering
into and in terminating covered contracts.
(2) Matters to be addressed.--The report required
by paragraph (1) shall include, at a minimum, an
assessment of the following:
(A) The extent to which the Department of
Defense developed estimates of potential
termination liability for covered contracts
entered into before the date of the enactment
of this Act and how such termination liability
was likely to increase or decrease over the
period of performance before making decisions
to enter into or terminate such contracts.
(B) The extent to which the Department
considered estimates of potential termination
liability for such contracts and how such
termination liability was likely to increase or
decrease over the period of performance as a
risk factor in deciding whether to enter into
or terminate such contracts.
(c) Covered Contracts.--For purposes of this section, a
covered contract is a contract for the development or
production of a major defense acquisition program for which
potential termination liability could reasonably be expected to
exceed $100,000,000.
(d) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has the
meaning given that term in section 2430(a) of title 10, United
States Code.
SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING CRITICAL
COST GROWTH DUE TO CHANGE IN QUANTITY PURCHASED.
Section 2433a(c)(3)(A) of title 10, United States Code, is
amended by striking ``subparagraphs (B) and (C)'' and inserting
``subparagraphs (B), (C), and (E)''.
SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS INITIATED
BEFORE ENACTMENT OF MILESTONE B CERTIFICATION AND
APPROVAL PROCESS.
Subsection (b) of section 205 of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat.
1725; 10 U.S.C. 2366b note) is repealed.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL NOTIFICATION OF
THE LEASE OF CERTAIN VESSELS BY THE DEPARTMENT OF
DEFENSE.
Section 2401(h)(2) of title 10, United States Code, is
amended by striking ``30 days of continuous session of
Congress'' and inserting ``60 days''.
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) Extension.--Effective as of January 1, 2012, section
4202 of the Clinger-Cohen Act of 1996 (division D of Public Law
104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in
subsection (e) by striking ``2012'' and inserting ``2015''.
(b) Technical Amendment to Cross References.--Subsection
(e) of such Act is further amended by striking ``section
303(g)(1) of the Federal Property and Administrative Services
Act of 1949, and section 31(a) of the Office of Federal
Procurement Policy Act, as amended by this section,'' and
inserting ``section 3305(a) of title 41, United States Code,
and section 1901(a) of title 41, United States Code,''.
SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE MANAGEMENT
AND PRODUCT SUPPORT REQUIREMENTS.
(a) Codification and Amendment.--
(1) In general.--Chapter 137 of title 10, United
States Code, as amended by section 331, is further
amended by adding at the end the following new section:
``Sec. 2337. Life-cycle management and product support
``(a) Guidance on Life-Cycle Management.--The Secretary of
Defense shall issue and maintain comprehensive guidance on
life-cycle management and the development and implementation of
product support strategies for major weapon systems. The
guidance issued pursuant to this subsection shall--
``(1) maximize competition and make the best
possible use of available Department of Defense and
industry resources at the system, subsystem, and
component levels; and
``(2) maximize value to the Department of Defense
by providing the best possible product support outcomes
at the lowest operations and support cost.
``(b) Product Support Managers.--
``(1) Requirement.--The Secretary of Defense shall
require that each major weapon system be supported by a
product support manager in accordance with this
subsection.
``(2) Responsibilities.--A product support manager
for a major weapon system shall--
``(A) develop and implement a comprehensive
product support strategy for the weapon system;
``(B) use appropriate predictive analysis
and modeling tools that can improve material
availability and reliability, increase
operational availability rates, and reduce
operation and sustainment costs;
``(C) conduct appropriate cost analyses to
validate the product support strategy,
including cost-benefit analyses as outlined in
Office of Management and Budget Circular A-94;
``(D) ensure achievement of desired product
support outcomes through development and
implementation of appropriate product support
arrangements;
``(E) adjust performance requirements and
resource allocations across product support
integrators and product support providers as
necessary to optimize implementation of the
product support strategy;
``(F) periodically review product support
arrangements between the product support
integrators and product support providers to
ensure the arrangements are consistent with the
overall product support strategy;
``(G) prior to each change in the product
support strategy or every five years, whichever
occurs first, revalidate any business-case
analysis performed in support of the product
support strategy; and
``(H) ensure that the product support
strategy maximizes small business participation
at the appropriate tiers.
``(c) Definitions.--In this section:
``(1) Product support.--The term `product support'
means the package of support functions required to
field and maintain the readiness and operational
capability of major weapon systems, subsystems, and
components, including all functions related to weapon
system readiness.
``(2) Product support arrangement.--The term
`product support arrangement' means a contract, task
order, or any type of other contractual arrangement, or
any type of agreement or non-contractual arrangement
within the Federal Government, for the performance of
sustainment or logistics support required for major
weapon systems, subsystems, or components. The term
includes arrangements for any of the following:
``(A) Performance-based logistics.
``(B) Sustainment support.
``(C) Contractor logistics support.
``(D) Life-cycle product support.
``(E) Weapon systems product support.
``(3) Product support integrator.--The term
`product support integrator' means an entity within the
Federal Government or outside the Federal Government
charged with integrating all sources of product
support, both private and public, defined within the
scope of a product support arrangement.
``(4) Product support provider.--The term `product
support provider' means an entity that provides product
support functions. The term includes an entity within
the Department of Defense, an entity within the private
sector, or a partnership between such entities.
``(5) Major weapon system.--The term `major weapon
system' means a major system within the meaning of
section 2302d(a) of this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title, as so
amended, is further amended by adding at the end the
following new item:
``2337. Life-cycle management and product support.''.
(b) Repeal of Superseded Section.--Section 805 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 2302 note) is repealed.
SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT
PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS.
(a) Codification.--
(1) In general.--Subchapter I of chapter 87 of
title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1706. Government performance of certain acquisition functions
``(a) Goal.--It shall be the goal of the Department of
Defense and each of the military departments to ensure that,
for each major defense acquisition program and each major
automated information system program, each of the following
positions is performed by a properly qualified member of the
armed forces or full-time employee of the Department of
Defense:
``(1) Program executive officer.
``(2) Deputy program executive officer.
``(3) Program manager.
``(4) Deputy program manager.
``(5) Senior contracting official.
``(6) Chief developmental tester.
``(7) Program lead product support manager.
``(8) Program lead systems engineer.
``(9) Program lead cost estimator.
``(10) Program lead contracting officer.
``(11) Program lead business financial manager.
``(12) Program lead production, quality, and
manufacturing.
``(13) Program lead information technology.
``(b) Plan of Action.--The Secretary of Defense shall
develop and implement a plan of action for recruiting,
training, and ensuring appropriate career development of
military and civilian personnel to achieve the objective
established in subsection (a).
``(c) Definitions.--In this section:
``(1) The term `major defense acquisition program'
has the meaning given such term in section 2430(a) of
this title.
``(2) The term `major automated information system
program' has the meaning given such term in section
2445a(a) of this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of such subchapter is amended by adding
at the end the following new item:
``1706. Government performance of certain acquisition functions.''.
(b) Repeal of Superseded Section.--Section 820 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 1701 note) is repealed.
SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND
SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.
Section 202(c) of the Weapon Systems Acquisition Reform Act
of 2009 (Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430
note) is amended--
(1) in the matter preceding paragraph (1), by
striking ``fair and objective `make-buy' decisions by
prime contractors'' and inserting ``competition or the
option of competition at the subcontract level'';
(2) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively; and
(3) by inserting before paragraph (2), as
redesignated by paragraph (2) of this section, the
following new paragraph (1):
``(1) where appropriate, breaking out a major
subsystem, conducting a separate competition for the
subsystem, and providing the subsystem to the prime
contractor as Government-furnished equipment;''.
SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNIFORM
COMPONENTS SUPPLIED TO AFGHAN MILITARY OR AFGHAN
NATIONAL POLICE.
(a) Requirement.--In the case of any textile components
supplied by the Department of Defense to the Afghan National
Army or the Afghan National Police for purposes of production
of uniforms, section 2533a of title 10, United States Code,
shall apply, and no exceptions or exemptions under that section
shall apply.
(b) Effective Date.--This section shall apply to
solicitations issued and contracts awarded for the procurement
of such components after the date of the enactment of this Act.
SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR
EMPLOYEES.
(a) In General.--Subsection (a) of section 2409 of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``An employee'';
(2) in paragraph (1), as so designated--
(A) by inserting ``or subcontractor'' after
``employee of a contractor'';
(B) by striking ``a Member of Congress''
and all that follows through ``the Department
of Justice'' and inserting ``a person or body
described in paragraph (2)''; and
(C) by striking ``evidence of'' and all
that follows and inserting the following:
``evidence of the following:
``(A) Gross mismanagement of a Department of
Defense contract or grant, a gross waste of Department
funds, an abuse of authority relating to a Department
contract or grant, or a violation of law, rule, or
regulation related to a Department contract (including
the competition for or negotiation of a contract) or
grant.
``(B) Gross mismanagement of a National Aeronautics
and Space Administration contract or grant, a gross
waste of Administration funds, an abuse of authority
relating to an Administration contract or grant, or a
violation of law, rule, or regulation related to an
Administration contract (including the competition for
or negotiation of a contract) or grant.
``(C) A substantial and specific danger to public
health or safety.''; and
(3) by adding at the end the following new
paragraphs:
``(2) The persons and bodies described in this paragraph
are the persons and bodies as follows:
``(A) A Member of Congress or a representative of a
committee of Congress.
``(B) An Inspector General.
``(C) The Government Accountability Office.
``(D) An employee of the Department of Defense or
the National Aeronautics and Space Administration, as
applicable, responsible for contract oversight or
management.
``(E) An authorized official of the Department of
Justice or other law enforcement agency.
``(F) A court or grand jury.
``(G) A management official or other employee of
the contractor or subcontractor who has the
responsibility to investigate, discover, or address
misconduct.
``(3) For the purposes of paragraph (1)--
``(A) an employee who initiates or provides
evidence of contractor or subcontractor misconduct in
any judicial or administrative proceeding relating to
waste, fraud, or abuse on a Department of Defense or
National Aeronautics and Space Administration contract
or grant shall be deemed to have made a disclosure
covered by such paragraph; and
``(B) a reprisal described in paragraph (1) is
prohibited even if it is undertaken at the request of a
Department or Administration official, unless the
request takes the form of a nondiscretionary directive
and is within the authority of the Department or
Administration official making the request.''.
(b) Investigation of Complaints.--Subsection (b) of such
section is amended--
(1) in paragraph (1), by inserting ``fails to
allege a violation of the prohibition in subsection
(a), or has previously been addressed in another
Federal or State judicial or administrative proceeding
initiated by the complainant,'' after ``is
frivolous,'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``,
fails to allege a violation of the prohibition
in subsection (a), or has previously been
addressed in another Federal or State judicial
or administrative proceeding initiated by the
complainant'' after ``is frivolous''; and
(B) in subparagraph (B), by inserting ``,
up to 180 days,'' after ``such additional
period of time''; and
(3) by adding at the end the following new
paragraphs:
``(3) The Inspector General may not respond to any inquiry
or disclose any information from or about any person alleging
the reprisal, except to the extent that such response or
disclosure is--
``(A) made with the consent of the person alleging
the reprisal;
``(B) made in accordance with the provisions of
section 552a of title 5 or as required by any other
applicable Federal law; or
``(C) necessary to conduct an investigation of the
alleged reprisal.
``(4) A complaint may not be brought under this subsection
more than three years after the date on which the alleged
reprisal took place.''.
(c) Remedy and Enforcement Authority.--Subsection (c) of
such section is amended--
(1) in paragraph (1)(B), by striking ``the
compensation (including back pay)'' and inserting
``compensatory damages (including back pay)'';
(2) in paragraph (2), by adding at the end
following new sentence: ``An action under this
paragraph may not be brought more than two years after
the date on which remedies are deemed to have been
exhausted.'';
(3) in paragraph (4), by striking ``and
compensatory and exemplary damages.'' and inserting ``,
compensatory and exemplary damages, and reasonable
attorney fees and costs. The person upon whose behalf
an order was issued may also file such an action or
join in an action filed by the head of the agency.'';
(4) in paragraph (5), by adding at the end the
following new sentence: ``Filing such an appeal shall
not act to stay the enforcement of the order of the
head of an agency, unless a stay is specifically
entered by the court.''; and
(5) by adding at the end the following new
paragraphs:
``(6) The legal burdens of proof specified in section
1221(e) of title 5 shall be controlling for the purposes of any
investigation conducted by an Inspector General, decision by
the head of an agency, or judicial or administrative proceeding
to determine whether discrimination prohibited under this
section has occurred.
``(7) The rights and remedies provided for in this section
may not be waived by any agreement, policy, form, or condition
of employment.''.
(d) Notification of Employees.--Such section is further
amended--
(1) by redesignating subsections (d) and (e) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Notification of Employees.--The Secretary of Defense
and the Administrator of the National Aeronautics and Space
Administration shall ensure that contractors and subcontractors
of the Department of Defense and the National Aeronautics and
Space Administration, as applicable, inform their employees in
writing of the rights and remedies provided under this section,
in the predominant native language of the workforce.''.
(e) Exceptions for Intelligence Community.--Such section is
further amended by inserting after subsection (d), as added by
subsection (d)(2) of this section, the following new subsection
(e):
``(e) Exceptions.--(1) This section shall not apply to any
element of the intelligence community, as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(2) This section shall not apply to any disclosure made
by an employee of a contractor, subcontractor, or grantee of an
element of the intelligence community if such disclosure--
``(A) relates to an activity of an element of the
intelligence community; or
``(B) was discovered during contract, subcontract,
or grantee services provided to an element of the
intelligence community.''.
(f) Abuse of Authority Defined.--Subsection (g) of such
section, as redesignated by subsection (d)(1) of this section,
is further amended by adding at the end the following new
paragraph:
``(6) The term `abuse of authority' means the
following:
``(A) An arbitrary and capricious exercise
of authority that is inconsistent with the
mission of the Department of Defense or the
successful performance of a Department contract
or grant.
``(B) An arbitrary and capricious exercise
of authority that is inconsistent with the
mission of the National Aeronautics and Space
Administration or the successful performance of
an Administration contract or grant.''.
(g) Allowability of Legal Fees.--Section 2324(k) of such
title is amended--
(1) in paragraph (1), by striking ``commenced by
the United States or a State'' and inserting
``commenced by the United States, by a State, or by a
contractor employee submitting a complaint under
section 2409 of this title''; and
(2) in paragraph (2)(C), by striking ``the
imposition of a monetary penalty'' and inserting ``the
imposition of a monetary penalty or an order to take
corrective action under section 2409 of this title''.
(h) Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to provide
any rights to disclose classified information not otherwise
provided by law.
(i) Effective Date.--
(1) In general.--The amendments made by this
section shall take effect on the date that is 180 days
after the date of the enactment of this Act, and shall
apply to--
(A) all contracts awarded on or after such
date;
(B) all task orders entered on or after
such date pursuant to contracts awarded before,
on, or after such date; and
(C) all contracts awarded before such date
that are modified to include a contract clause
providing for the applicability of such
amendments.
(2) Revision of supplements to the far.--Not later
than 180 days after the date of the enactment of this
Act, the Department of Defense Supplement to the
Federal Acquisition Regulation and the National
Aeronautics and Space Administration Supplement to the
Federal Acquisition Regulation shall each be revised to
implement the requirements arising under the amendments
made by this section.
(3) Inclusion of contract clause in contracts
awarded before effective date.--At the time of any
major modification to a contract that was awarded
before the date that is 180 days after the date of the
enactment of this Act, the head of the contracting
agency shall make best efforts to include in the
contract a contract clause providing for the
applicability of the amendments made by this section to
the contract.
SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE
WHISTLEBLOWER PROTECTIONS.
(a) Whistleblower Protections.--
(1) In general.--Chapter 47 of title 41, United
States Code, is amended by adding at the end the
following new section:
``Sec. 4712. Pilot program for enhancement of contractor protection
from reprisal for disclosure of certain information
``(a) Prohibition of Reprisals.--
``(1) In general.--An employee of a contractor,
subcontractor, or grantee may not be discharged,
demoted, or otherwise discriminated against as a
reprisal for disclosing to a person or body described
in paragraph (2) information that the employee
reasonably believes is evidence of gross mismanagement
of a Federal contract or grant, a gross waste of
Federal funds, an abuse of authority relating to a
Federal contract or grant, a substantial and specific
danger to public health or safety, or a violation of
law, rule, or regulation related to a Federal contract
(including the competition for or negotiation of a
contract) or grant.
``(2) Persons and bodies covered.--The persons and
bodies described in this paragraph are the persons and
bodies as follows:
``(A) A Member of Congress or a
representative of a committee of Congress.
``(B) An Inspector General.
``(C) The Government Accountability Office.
``(D) A Federal employee responsible for
contract or grant oversight or management at
the relevant agency.
``(E) An authorized official of the
Department of Justice or other law enforcement
agency.
``(F) A court or grand jury.
``(G) A management official or other
employee of the contractor, subcontractor, or
grantee who has the responsibility to
investigate, discover, or address misconduct.
``(3) Rules of construction.--For the purposes of
paragraph (1)--
``(A) an employee who initiates or provides
evidence of contractor, subcontractor, or
grantee misconduct in any judicial or
administrative proceeding relating to waste,
fraud, or abuse on a Federal contract or grant
shall be deemed to have made a disclosure
covered by such paragraph; and
``(B) a reprisal described in paragraph (1)
is prohibited even if it is undertaken at the
request of an executive branch official, unless
the request takes the form of a non-
discretionary directive and is within the
authority of the executive branch official
making the request.
``(b) Investigation of Complaints.--
``(1) Submission of complaint.--A person who
believes that the person has been subjected to a
reprisal prohibited by subsection (a) may submit a
complaint to the Inspector General of the executive
agency involved. Unless the Inspector General
determines that the complaint is frivolous, fails to
allege a violation of the prohibition in subsection
(a), or has previously been addressed in another
Federal or State judicial or administrative proceeding
initiated by the complainant, the Inspector General
shall investigate the complaint and, upon completion of
such investigation, submit a report of the findings of
the investigation to the person, the contractor or
grantee concerned, and the head of the agency.
``(2) Inspector general action.--
``(A) Determination or submission of report
on findings.--Except as provided under
subparagraph (B), the Inspector General shall
make a determination that a complaint is
frivolous, fails to allege a violation of the
prohibition in subsection (a), or has
previously been addressed in another Federal or
State judicial or administrative proceeding
initiated by the complainant or submit a report
under paragraph (1) within 180 days after
receiving the complaint.
``(B) Extension of time.--If the Inspector
General is unable to complete an investigation
in time to submit a report within the 180-day
period specified in subparagraph (A) and the
person submitting the complaint agrees to an
extension of time, the Inspector General shall
submit a report under paragraph (1) within such
additional period of time, up to 180 days, as
shall be agreed upon between the Inspector
General and the person submitting the
complaint.
``(3) Prohibition on disclosure.--The Inspector
General may not respond to any inquiry or disclose any
information from or about any person alleging the
reprisal, except to the extent that such response or
disclosure is--
``(A) made with the consent of the person
alleging the reprisal;
``(B) made in accordance with the
provisions of section 552a of title 5 or as
required by any other applicable Federal law;
or
``(C) necessary to conduct an investigation
of the alleged reprisal.
``(4) Time limitation.--A complaint may not be
brought under this subsection more than three years
after the date on which the alleged reprisal took
place.
``(c) Remedy and Enforcement Authority.--
``(1) In general.--Not later than 30 days after
receiving an Inspector General report pursuant to
subsection (b), the head of the executive agency
concerned shall determine whether there is sufficient
basis to conclude that the contractor or grantee
concerned has subjected the complainant to a reprisal
prohibited by subsection (a) and shall either issue an
order denying relief or shall take one or more of the
following actions:
``(A) Order the contractor or grantee to
take affirmative action to abate the reprisal.
``(B) Order the contractor or grantee to
reinstate the person to the position that the
person held before the reprisal, together with
compensatory damages (including back pay),
employment benefits, and other terms and
conditions of employment that would apply to
the person in that position if the reprisal had
not been taken.
``(C) Order the contractor or grantee to
pay the complainant an amount equal to the
aggregate amount of all costs and expenses
(including attorneys' fees and expert
witnesses' fees) that were reasonably incurred
by the complainant for, or in connection with,
bringing the complaint regarding the reprisal,
as determined by the head of the executive
agency.
``(2) Exhaustion of remedies.--If the head of an
executive agency issues an order denying relief under
paragraph (1) or has not issued an order within 210
days after the submission of a complaint under
subsection (b), or in the case of an extension of time
under paragraph (b)(2)(B), not later than 30 days after
the expiration of the extension of time, and there is
no showing that such delay is due to the bad faith of
the complainant, the complainant shall be deemed to
have exhausted all administrative remedies with respect
to the complaint, and the complainant may bring a de
novo action at law or equity against the contractor or
grantee to seek compensatory damages and other relief
available under this section in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy. Such an action shall, at the
request of either party to the action, be tried by the
court with a jury. An action under this paragraph may
not be brought more than two years after the date on
which remedies are deemed to have been exhausted.
``(3) Admissibility of evidence.--An Inspector
General determination and an agency head order denying
relief under paragraph (2) shall be admissible in
evidence in any de novo action at law or equity brought
pursuant to this subsection.
``(4) Enforcement of orders.--Whenever a person
fails to comply with an order issued under paragraph
(1), the head of the executive agency concerned shall
file an action for enforcement of such order in the
United States district court for a district in which
the reprisal was found to have occurred. In any action
brought under this paragraph, the court may grant
appropriate relief, including injunctive relief,
compensatory and exemplary damages, and attorney fees
and costs. The person upon whose behalf an order was
issued may also file such an action or join in an
action filed by the head of the executive agency.
``(5) Judicial review.--Any person adversely
affected or aggrieved by an order issued under
paragraph (1) may obtain review of the order's
conformance with this subsection, and any regulations
issued to carry out this section, in the United States
court of appeals for a circuit in which the reprisal is
alleged in the order to have occurred. No petition
seeking such review may be filed more than 60 days
after issuance of the order by the head of the
executive agency. Review shall conform to chapter 7 of
title 5. Filing such an appeal shall not act to stay
the enforcement of the order of the head of an
executive agency, unless a stay is specifically entered
by the court.
``(6) Burdens of proof.--The legal burdens of proof
specified in section 1221(e) of title 5 shall be
controlling for the purposes of any investigation
conducted by an Inspector General, decision by the head
of an executive agency, or judicial or administrative
proceeding to determine whether discrimination
prohibited under this section has occurred.
``(7) Rights and remedies not waivable.--The rights
and remedies provided for in this section may not be
waived by any agreement, policy, form, or condition of
employment.
``(d) Notification of Employees.--The head of each
executive agency shall ensure that contractors, subcontractors,
and grantees of the agency inform their employees in writing of
the rights and remedies provided under this section, in the
predominant native language of the workforce.
``(e) Construction.--Nothing in this section may be
construed to authorize the discharge of, demotion of, or
discrimination against an employee for a disclosure other than
a disclosure protected by subsection (a) or to modify or
derogate from a right or remedy otherwise available to the
employee.
``(f) Exceptions.--(1) This section shall not apply to any
element of the intelligence community, as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(2) This section shall not apply to any disclosure made
by an employee of a contractor, subcontractor, or grantee of an
element of the intelligence community if such disclosure--
``(A) relates to an activity of an element of the
intelligence community; or
``(B) was discovered during contract, subcontract,
or grantee services provided to an element of the
intelligence community.
``(g) Definitions.--In this section:
``(1) The term `abuse of authority' means an
arbitrary and capricious exercise of authority that is
inconsistent with the mission of the executive agency
concerned or the successful performance of a contract
or grant of such agency.
``(2) The term `Inspector General' means an
Inspector General appointed under the Inspector General
Act of 1978 and any Inspector General that receives
funding from, or has oversight over contracts or grants
awarded for or on behalf of, the executive agency
concerned.
``(h) Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to provide
any rights to disclose classified information not otherwise
provided by law.
``(i) Duration of Section.--This section shall be in effect
for the four-year period beginning on the date of the enactment
of this section.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``4712. Pilot program for enhancement of contractor protection from
reprisal for disclosure of certain information.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection
(a) shall take effect on the date that is 180 days
after the date of the enactment of this Act, and shall,
during the period section 4712 of title 41, United
States Code, as added by such subsection, is in effect,
apply to--
(A) all contracts and grants awarded on or
after such date;
(B) all task orders entered on or after
such date pursuant to contracts awarded before,
on, or after such date; and
(C) all contracts awarded before such date
that are modified to include a contract clause
providing for the applicability of such
amendments.
(2) Revision of federal acquisition regulation.--
Not later than 180 days after the date of the enactment
of this Act, the Federal Acquisition Regulation shall
be revised to implement the requirements arising under
the amendments made by this section.
(3) Inclusion of contract clause in contracts
awarded before effective date.--At the time of any
major modification to a contract that was awarded
before the date that is 180 days after the date of the
enactment of this Act, the head of the contracting
agency shall make best efforts to include in the
contract a contract clause providing for the
applicability of the amendments made by this section to
the contract.
(c) Suspension of Effectiveness of Section 4705 of Title
41, United States Code, While Pilot Program Is in Effect.--
Section 4705 of title 41, United States Code, is amended by
adding at the end the following new subsection:
``(f) Four-year Suspension of Effectiveness While Pilot
Program Is in Effect.--While section 4712 of this title is in
effect, this section shall not be in effect.''.
(d) Allowability of Legal Fees.--Section 4310 of title 41,
United States Code, is amended--
(1) in subsection (b), by striking ``commenced by
the Federal Government or a State'' and inserting
``commenced by the Federal Government, by a State, or
by a contractor or grantee employee submitting a
complaint under section 4712 of this title''; and
(2) in subsection (c)(3), by striking ``the
imposition of a monetary penalty'' and inserting ``the
imposition of a monetary penalty or an order to take
corrective action under section 4712 of this title''.
(e) Government Accountability Office Study and Report.--
(1) Study.--Not later than three years after the
date of the enactment of this Act, the Comptroller
General of the United States shall begin conducting a
study to evaluate the implementation of section 4712 of
title 41, United States Code, as added by subsection
(a).
(2) Report.--Not later than four years after the
date of the enactment of this Act, the Comptroller
General shall submit to Congress a report on the
results of the study required by paragraph (1), with
such findings and recommendations as the Comptroller
General considers appropriate.
SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST LIMITATIONS.
(a) Assessment of Extension of Limitations to Certain
Additional Functions and Contracts.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall review the guidance on personal conflicts of
interest for contractor employees issued pursuant to section
841(a) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4537) in
order to determine whether it would be in the best interest of
the Department of Defense and the taxpayers to extend such
guidance to personal conflicts of interest by contractor
personnel performing any of the following:
(1) Functions other than acquisition functions that
are closely associated with inherently governmental
functions (as that term is defined in section
2383(b)(3) of title 10, United States Code).
(2) Personal services contracts (as that term is
defined in section 2330a(g)(5) of title 10, United
States Code).
(3) Contracts for staff augmentation services (as
that term is defined in section 808(d)(3) of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1490)).
(b) Extension of Limitations.--If the Secretary determines
pursuant to the review under subsection (a) that the guidance
on personal conflicts of interest should be extended, the
Secretary shall revise the Defense Supplement to the Federal
Acquisition Regulation to the extent necessary to achieve such
extension.
(c) Results of Review.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall document
in writing the results of the review conducted under subsection
(a), including, at a minimum--
(1) the findings and recommendations of the review;
and
(2) the basis for such findings and
recommendations.
SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND DELIVERY
ORDER CONTRACTS.
Section 2304c(e) of title 10, United States Code, is
amended by striking paragraph (3).
SEC. 831. GUIDANCE AND TRAINING RELATED TO EVALUATING REASONABLENESS OF
PRICE.
(a) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall issue guidance on
the use of the authority provided by sections 2306a(d) and 2379
of title 10, United States Code. The guidance shall--
(1) include standards for determining whether
information on the prices at which the same or similar
items have previously been sold is adequate for
evaluating the reasonableness of price;
(2) include standards for determining the extent of
uncertified cost information that should be required in
cases in which price information is not adequate for
evaluating the reasonableness of price;
(3) ensure that in cases in which such uncertified
cost information is required, the information shall be
provided in the form in which it is regularly
maintained by the offeror in its business operations;
and
(4) provide that no additional cost information may
be required by the Department of Defense in any case in
which there are sufficient non-Government sales to
establish reasonableness of price.
(b) Training and Expertise.--Not later than 270 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall
develop and begin implementation of a plan of action to--
(1) train the acquisition workforce on the use of
the authority provided by sections 2306a(d) and 2379 of
title 10, United States Code, in evaluating
reasonableness of price in procurements of commercial
items; and
(2) develop a cadre of experts within the
Department of Defense to provide expert advice to the
acquisition workforce in the use of the authority
provided by such sections in accordance with the
guidance issued pursuant to subsection (a).
(c) Documentation Requirements.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall ensure
that requests for uncertified cost information for the purposes
of evaluating reasonableness of price are sufficiently
documented. The Under Secretary shall require that the contract
file include, at a minimum, the following:
(1) A justification of the need for additional cost
information.
(2) A copy of any request from the Department of
Defense to a contractor for additional cost
information.
(3) Any response received from the contractor to
the request, including any rationale or justification
provided by the contractor for a failure to provide the
requested information.
(d) Comptroller General Review and Report.--
(1) Review requirement.--The Comptroller General of
the United States shall conduct a review of data
collected pursuant to sections 2306a(d) and 2379 of
title 10, United States Code, during the two-year
period beginning on the date of the enactment of this
Act.
(2) Report requirement.--Not later than 180 days
after the end of the two-year period referred to in
paragraph (1), the Comptroller General shall submit to
the congressional defense committees a report on--
(A) the extent to which the Department of
Defense needed access to additional cost
information pursuant to sections 2306a(d) and
2379 of title 10, United States Code, during
such two-year period in order to determine
price reasonableness;
(B) the extent to which acquisition
officials of the Department of Defense complied
with the guidance issued pursuant to subsection
(a) during such two-year period;
(C) the extent to which the Department of
Defense needed access to additional cost
information during such two-year period to
determine reasonableness of price, but was not
provided such information by the contractor on
request; and
(D) recommendations for improving
evaluations of reasonableness of price by
Department of Defense acquisition
professionals, including recommendations for
any amendments to law, regulations, or
guidance.
SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, AND SAFEGUARDS AND
PROTECTIONS FOR CONTRACTOR INTERNAL AUDIT REPORTS.
(a) Revised Guidance Required.--Not later than 180 days
after the date of the enactment of this Act, the Director of
the Defense Contract Audit Agency shall revise guidance on
access to defense contractor internal audit reports (including
the Contract Audit Manual) to incorporate the requirements of
this section.
(b) Documentation Requirements.--The revised guidance shall
ensure that requests for access to defense contractor internal
audit reports are appropriately documented. The required
documentation shall include, at a minimum, the following:
(1) Written determination that access to such
reports is necessary to complete required evaluations
of contractor business systems.
(2) A copy of any request from the Defense Contract
Audit Agency to a contractor for access to such
reports.
(3) A record of response received from the
contractor, including the contractor's rationale or
justification if access to requested reports was not
granted.
(b) Safeguards and Protections.--The revised guidance shall
include appropriate safeguards and protections to ensure that
contractor internal audit reports cannot be used by the Defense
Contract Audit Agency for any purpose other than evaluating and
testing the efficacy of contractor internal controls and the
reliability of associated contractor business systems.
(c) Risk-based Auditing.--A determination by the Defense
Contract Audit Agency that a contractor has a sound system of
internal controls shall provide the basis for increased
reliance on contractor business systems or a reduced level of
testing with regard to specific audits, as appropriate.
Internal audit reports provided by a contractor pursuant to
this section may be considered in determining whether or not a
contractor has a sound system of internal controls, but shall
not be the sole basis for such a determination.
(d) Comptroller General Review.--Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall initiate a review of the
documentation required by subsection (a). Not later than 90
days after completion of the review, the Comptroller General
shall submit to the congressional defense committees a report
on the results of the review, with findings and recommendations
for improving the audit processes of the Defense Contract Audit
Agency.
SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULATIONS RELATING TO
DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC
PARTS.
Section 818(c)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 10
U.S.C. 2302 note) is amended to read as follows:
``(B) the cost of counterfeit electronic
parts and suspect counterfeit electronic parts
and the cost of rework or corrective action
that may be required to remedy the use or
inclusion of such parts are not allowable costs
under Department contracts, unless--
``(i) the covered contractor has an
operational system to detect and avoid
counterfeit parts and suspect
counterfeit electronic parts that has
been reviewed and approved by the
Department of Defense pursuant to
subsection (e)(2)(B);
``(ii) the counterfeit electronic
parts or suspect counterfeit electronic
parts were provided to the contractor
as Government property in accordance
with part 45 of the Federal Acquisition
Regulation; and
``(iii) the covered contractor
provides timely notice to the
Government pursuant to paragraph
(4).''.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE PRODUCTS AND
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE
OF SUPPLY TO AFGHANISTAN.
(a) Extension of Termination Date.--Subsection (f) of
section 801 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399) is amended
by striking ``on or after the date occurring three years after
the date of the enactment of this Act'' and inserting ``after
December 31, 2014''.
(b) Expansion of Authority To Cover Forces of the United
States and Coalition Forces.--Subsection (b)(1) of such section
is amended--
(1) in subparagraph (B), by striking ``or'' at the
end;
(2) in subparagraph (C), by adding ``or'' at the
end; and
(3) by adding at the end the following:
``(D) by the United States or coalition
forces in Afghanistan if the product or service
is from a country that has agreed to allow the
transport of coalition personnel, equipment,
and supplies;''.
(c) Repeal of Expired Report Requirement.--Subsection (g)
of such section is repealed.
(d) Clerical Amendment.--The heading of such section is
amended by striking ``; report''.
SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN AFGHANISTAN.
Section 886 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C.
2302 note) is amended--
(1) in the section heading, by striking ``iraq
or'';
(2) by striking ``Iraq or'' each place it appears;
and
(3) in the subsection heading of subsection (c), by
striking ``Iraq or''.
SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR OPERATIONAL
CONTRACT SUPPORT.
(a) Guidance Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall develop and issue guidance establishing the chain of
authority and responsibility within the Department of Defense
for policy, planning, and execution of operational contract
support.
(b) Elements.--The guidance under subsection (a) shall, at
a minimum--
(1) specify the officials, offices, and components
of the Department within the chain of authority and
responsibility described in subsection (a);
(2) identify for each official, office, and
component specified under paragraph (1)--
(A) requirements for policy, planning, and
execution of contract support for operational
contract support, including, at a minimum,
requirements in connection with--
(i) coordination of functions,
authorities, and responsibilities
related to operational contract
support, including coordination with
relevant Federal agencies;
(ii) assessments of total force
data in support of Department force
planning scenarios, including the
appropriateness of and necessity for
the use of contractors for identified
functions;
(iii) determinations of capability
requirements for nonacquisition
community operational contract support,
and identification of resources
required for planning, training, and
execution to meet such requirements;
and
(iv) determinations of policy
regarding the use of contractors by
function, and identification of the
training exercises that will be
required for operational contract
support (including an assessment
whether or not such exercises will
include contractors); and
(B) roles, authorities, responsibilities,
and lines of supervision for the achievement of
the requirements identified under subparagraph
(A); and
(3) ensure that the chain of authority and
responsibility described in subsection (a) is
appropriately aligned with, and appropriately
integrated into, the structure of the Department for
the conduct of overseas contingency operations,
including the military departments, the Joint Staff,
and the commanders of the unified combatant commands.
SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR FUTURE OVERSEAS
CONTINGENCY OPERATIONS INVOLVING COMBAT OPERATIONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Administrator of the United States
Agency for International Development shall each issue guidance
regarding data collection on contract support for future
contingency operations outside the United States that involve
combat operations.
(b) Elements.--The guidance required by subsection (a)
shall ensure that the Department of Defense, the Department of
State, and the United States Agency for International
Development take the steps necessary to ensure that each agency
has the capability to collect and report, at a minimum, the
following data regarding such contract support:
(1) The total number of contracts entered into as
of the date of any report.
(2) The total number of such contracts that are
active as of such date.
(3) The total value of contracts entered into as of
such date.
(4) The total value of such contracts that are
active as of such date.
(5) An identification of the extent to which the
contracts entered into as of such date were entered
into using competitive procedures.
(6) The total number of contractor personnel
working under contracts entered into as of the end of
each calendar quarter during the one-year period ending
on such date.
(7) The total number of contractor personnel
performing security functions under contracts entered
into as of the end of each calendar quarter during the
one-year period ending on such date.
(8) The total number of contractor personnel killed
or wounded under any contracts entered into.
(c) Comptroller General Review and Report.--
(1) Review.--The Comptroller General of the United
States shall review the data system or systems
established to track contractor data pursuant to
subsections (a) and (b). The review shall, with respect
to each such data system, at a minimum--
(A) identify each such data system and
assess the resources needed to sustain such
system;
(B) determine if all such data systems are
interoperable, use compatible data standards,
and meet the requirements of section 2222 of
title 10, United States Code; and
(C) make recommendations on the steps that
the Department of Defense, the Department of
State, and the United States Agency for
International Development should take to ensure
that all such data systems--
(i) meet the requirements of the
guidance issued pursuant to subsections
(a) and (b);
(ii) are interoperable, use
compatible data standards, and meet the
requirements of section 2222 of such
title; and
(iii) are supported by appropriate
business processes and rules to ensure
the timeliness and reliability of data.
(2) Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller
General shall submit a report on the review required by
paragraph (1) to the following committees:
(A) The congressional defense committees.
(B) The Committee on Foreign Relations and
the Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committee on Foreign Affairs and
the Committee on Oversight and Government
Reform of the House of Representatives.
SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CERTAIN
REQUIREMENTS FOR DEPARTMENT OF DEFENSE PLANNING,
JOINT PROFESSIONAL MILITARY EDUCATION, AND
MANAGEMENT STRUCTURE.
(a) Readiness Reporting System.--Section 117(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) Measure, on an annual basis, the capability
of operational contract support to support current and
anticipated wartime missions of the armed forces.''.
(b) Operational Contract Support Planning and Preparedness
Functions of CJCS.--Section 153(a)(3) of such title is amended
by adding at the end the following new subparagraph:
``(F) In coordination with the Under Secretary of
Defense for Acquisition, Technology, and Logistics, the
Secretaries of the military departments, the heads of
the Defense Agencies, and the commanders of the
combatant commands, determining the operational
contract support requirements of the armed forces and
recommending the resources required to improve and
enhance operational contract support for the armed
forces and planning for such operational contract
support.''.
(c) Operational Contract Support as Matter Within Course of
Joint Professional Military Education.--Section 2151(a) of such
title is amended by adding at the end the following new
paragraph:
``(6) Operational contract support.''.
(d) Management Structure.--Section 2330(c)(2) of such title
is amended by striking ``other than services'' and all that
follows and inserting ``including services in support of
contingency operations. The term does not include services
relating to research and development or military
construction.''.
SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RELATED TO CONTRACTOR
PERFORMANCE.
(a) Risk Assessments for Contractor Performance in
Operational or Contingency Plans.--The Secretary of Defense
shall require that a risk assessment on reliance on contractors
be included in operational or contingency plans developed by a
commander of a combatant command in executing the
responsibilities prescribed in section 164 of title 10, United
States Code. Such risk assessments shall address, at a minimum,
the potential risks listed in subsection (c).
(b) Comprehensive Risk Assessments and Mitigation Plans for
Contractor Performance in Support of Overseas Contingency
Operations.--
(1) In general.--Subject to paragraphs (2) and (3),
not later than six months after the commencement or
designation of a contingency operation outside the
United States that includes or is expected to include
combat operations, the head of each covered agency
shall perform a comprehensive risk assessment and
develop a risk mitigation plan for operational and
political risks associated with contractor performance
of critical functions in support of the operation for
such covered agency.
(2) Exceptions.--Except as provided in paragraph
(3), a risk assessment and risk mitigation plan shall
not be required under paragraph (1) for an overseas
contingency operation if--
(A) the operation is not expected to
continue for more than one year; and
(B) the total amount of obligations for
contracts for support of the operation for the
covered agency is not expected to exceed
$250,000,000.
(3) Termination of exceptions.--Notwithstanding
paragraph (2), the head of a covered agency shall
perform a risk assessment and develop a risk mitigation
plan under paragraph (1) for an overseas contingency
operation with regard to which a risk assessment and
risk mitigation plan has not previously been performed
under paragraph (1) not later than 60 days after the
date on which--
(A) the operation has continued for more
than one year; or
(B) the total amount of obligations for
contracts for support of the operation for the
covered agency exceeds $250,000,000.
(c) Comprehensive Risk Assessments.--A comprehensive risk
assessment under subsection (b) shall consider, at a minimum,
risks relating to the following:
(1) The goals and objectives of the operation (such
as risks from contractor behavior or performance that
may injure innocent members of the local population or
offend their sensibilities).
(2) The continuity of the operation (such as risks
from contractors refusing to perform or being unable to
perform when there may be no timely replacements
available).
(3) The safety of military and civilian personnel
of the United States if the presence or performance of
contractor personnel creates unsafe conditions or
invites attack.
(4) The safety of contractor personnel employed by
the covered agency.
(5) The managerial control of the Government over
the operation (such as risks from over-reliance on
contractors to monitor other contractors or inadequate
means for Government personnel to monitor contractor
performance).
(6) The critical organic or core capabilities of
the Government, including critical knowledge or
institutional memory of key operations areas and
subject-matter expertise.
(7) The ability of the Government to control costs,
avoid organizational or personal conflicts of interest,
and minimize waste, fraud, and abuse.
(d) Risk Mitigation Plans.--A risk mitigation plan under
subsection (b) shall include, at a minimum, the following:
(1) For each high-risk area identified in the
comprehensive risk assessment for the operation
performed under subsection (b)--
(A) specific actions to mitigate or reduce
such risk, including the development of
alternative capabilities to reduce reliance on
contractor performance of critical functions;
(B) measurable milestones for the
implementation of planned risk mitigation or
risk reduction measures; and
(C) a process for monitoring, measuring,
and documenting progress in mitigating or
reducing risk.
(2) A continuing process for identifying and
addressing new and changed risks arising in the course
of the operation, including the periodic reassessment
of risks and the development of appropriate risk
mitigation or reduction plans for any new or changed
high-risk area identified.
(e) Critical Functions.--For purposes of this section,
critical functions include, at a minimum, the following:
(1) Private security functions, as that term is
defined in section 864(a)(6) of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302
note).
(2) Training and advising Government personnel,
including military and security personnel, of a host
nation.
(3) Conducting intelligence or information
operations.
(4) Any other functions that are closely associated
with inherently governmental functions, including the
functions set forth in section 7.503(d) of the Federal
Acquisition Regulation.
(5) Any other functions that are deemed critical to
the success of the operation.
(f) Covered Agency.--In this section, the term ``covered
agency'' means the Department of Defense, the Department of
State, and the United States Agency for International
Development.
SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON CONTRACTING IN IRAQ
AND AFGHANISTAN.
(a) Two-Year Extension of Requirement for Joint Report.--
Subsection (a)(5) of section 863 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 note) is
amended by striking ``February 1, 2013'' and inserting
``February 1, 2015''.
(b) Repeal of Comptroller General Review.--Such section is
further amended by striking subsection (b).
(c) Conforming Amendments.--
(1) In general.--Such section is further amended--
(A) by striking ``Joint Report Required.--
'' and all that follows through ``paragraph
(6)'' and inserting ``In General.--Except as
provided in subsection (f)'';
(B) by striking ``this subsection'' each
place it appears and inserting ``this
section'';
(C) by redesignating paragraphs (2) through
(7) as subsections (b) through (g),
respectively, and by moving the left margins of
such subsections (including the subparagraphs
in such subsections), as so redesignated, two
ems to the left;
(D) in subsection (b), as redesignated by
subparagraph (C) of this paragraph--
(i) by capitalizing the second and
third words of the heading; and
(ii) by redesignating subparagraphs
(A) through (I) as paragraphs (1)
through (9), respectively;
(E) in subsection (c), as redesignated by
subparagraph (C) of this paragraph--
(i) by capitalizing the second and
third words of the heading;
(ii) by redesignating subparagraphs
(A) through (C) as paragraphs (1)
through (3), respectively; and
(iii) by striking ``paragraph (2)''
each place it appears and inserting
``subsection (b)'';
(F) in subsection (d), as redesignated by
subparagraph (C) of this paragraph, by
capitalizing the second word of the heading;
(G) in subsection (e), as redesignated by
subparagraph (C) of this paragraph, by
capitalizing the third word of the heading;
(H) in subsection (f), as redesignated by
subparagraph (C) of this paragraph, by striking
``this paragraph'' and inserting ``this
subsection''; and
(I) in subsection (g), as redesignated by
subparagraph (C) of this paragraph, by striking
``paragraph (2)(F)'' and inserting ``subsection
(b)(6)''.
(2) Heading amendment.--The heading of such section
is amended by striking ``and comptroller general
review''.
SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS
CONTINGENCY OPERATIONS.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by redesignating section 8L as section 8M; and
(2) by inserting after section 8J the following new
section 8L:
``SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTINGENCY
OPERATIONS.
``(a) Additional Responsibilities of Chair of Council of
Inspectors General on Integrity and Efficiency.--Upon the
commencement or designation of a military operation as an
overseas contingency operation that exceeds 60 days, the Chair
of the Council of Inspectors General on Integrity and
Efficiency (CIGIE) shall, in consultation with the members of
the Council, have the additional responsibilities specified in
subsection (b) with respect to the Inspectors General specified
in subsection (c).
``(b) Specific Responsibilities.--The responsibilities
specified in this subsection are the following:
``(1) In consultation with the Inspectors General
specified in subsection (c), to designate a lead
Inspector General in accordance with subsection (d) to
discharge the authorities of the lead Inspector General
for the overseas contingency operation concerned as set
forth in subsection (d).
``(2) To resolve conflicts of jurisdiction among
the Inspectors General specified in subsection (c) on
investigations, inspections, and audits with respect to
such contingency operation in accordance with
subsection (d)(2)(B).
``(3) To assist in identifying for the lead
inspector general for such contingency operation,
Inspectors General and inspector general office
personnel available to assist the lead Inspector
General and the other Inspectors General specified in
subsection (c) on matters relating to such contingency
operation.
``(c) Inspectors General.--The Inspectors General specified
in this subsection are the Inspectors General as follows:
``(1) The Inspector General of the Department of
Defense.
``(2) The Inspector General of the Department of
State.
``(3) The Inspector General of the United States
Agency for International Development.
``(d) Lead Inspector General for Overseas Contingency
Operation.--(1) A lead Inspector General for an overseas
contingency operation shall be designated by the Chair of the
Council of Inspectors General on Integrity and Efficiency under
subsection (b)(1) not later than 30 days after the commencement
or designation of the military operation concerned as an
overseas contingency operation that exceeds 60 days. The lead
Inspector General for a contingency operation shall be
designated from among the Inspectors General specified in
subsection (c).
``(2) The lead Inspector General for an overseas
contingency operation shall have the following
responsibilities:
``(A) To appoint, from among the offices of the
other Inspectors General specified in subsection (c),
an Inspector General to act as associate Inspector
General for the contingency operation who shall act in
a coordinating role to assist the lead Inspector
General in the discharge of responsibilities under this
subsection.
``(B) To develop and carry out, in coordination
with the offices of the other Inspectors General
specified in subsection (c), a joint strategic plan to
conduct comprehensive oversight over all aspects of the
contingency operation and to ensure through either
joint or individual audits, inspections, and
investigations, independent and effective oversight of
all programs and operations of the Federal Government
in support of the contingency operation.
``(C) To review and ascertain the accuracy of
information provided by Federal agencies relating to
obligations and expenditures, costs of programs and
projects, accountability of funds, and the award and
execution of major contracts, grants, and agreements in
support of the contingency operation.
``(D)(i) If none of the Inspectors General
specified in subsection (c) has principal jurisdiction
over a matter with respect to the contingency
operation, to exercise responsibility for discharging
oversight responsibilities in accordance with this Act
with respect to such matter.
``(ii) If more than one of the Inspectors General
specified in subsection (c) has jurisdiction over a
matter with respect to the contingency operation, to
determine principal jurisdiction for discharging
oversight responsibilities in accordance with this Act
with respect to such matter.
``(E) To employ, or authorize the employment by the
other Inspectors General specified in subsection (c),
on a temporary basis using the authorities in section
3161 of title 5, United States Code, such auditors,
investigators, and other personnel as the lead
Inspector General considers appropriate to assist the
lead Inspector General and such other Inspectors
General on matters relating to the contingency
operation.
``(F) To submit to Congress on a bi-annual basis,
and to make available on an Internet website available
to the public, a report on the activities of the lead
Inspector General and the other Inspectors General
specified in subsection (c) with respect to the
contingency operation, including--
``(i) the status and results of
investigations, inspections, and audits and of
referrals to the Department of Justice; and
``(ii) overall plans for the review of the
contingency operation by inspectors general,
including plans for investigations,
inspections, and audits.
``(G) To submit to Congress on a quarterly basis,
and to make available on an Internet website available
to the public, a report on the contingency operation.
``(H) To carry out such other responsibilities
relating to the coordination and efficient and
effective discharge by the Inspectors General specified
in subsection (c) of duties relating to the contingency
operation as the lead Inspector General shall specify.
``(3)(A) The lead Inspector General for an overseas
contingency operation may employ, or authorize the employment
by the other Inspectors General specified in subsection (c) of,
annuitants covered by section 9902(g) of title 5, United States
Code, for purposes of assisting the lead Inspector General in
discharging responsibilities under this subsection with respect
to the contingency operation.
``(B) The employment of annuitants under this paragraph
shall be subject to the provisions of section 9902(g) of title
5, United States Code, as if the lead Inspector General
concerned was the Department of Defense.
``(C) The period of employment of an annuitant under this
paragraph may not exceed three years, except that the period
may be extended for up to an additional two years in accordance
with the regulations prescribed pursuant to section 3161(b)(2)
of title 5, United States Code.
``(4) The lead Inspector General for an overseas
contingency operation shall discharge the responsibilities for
the contingency operation under this subsection in a manner
consistent with the authorities and requirements of this Act
generally and the authorities and requirements applicable to
the Inspectors General specified in subsection (c) under this
Act.
``(e) Sunset for Particular Contingency Operations.--The
requirements and authorities of this section with respect to an
overseas contingency operation shall cease at the end of the
first fiscal year after the commencement or designation of the
contingency operation in which the total amount appropriated
for the contingency operation is less than $100,000,000.
``(f) Construction of Authority.--Nothing in this section
shall be construed to limit the ability of the Inspectors
General specified in subsection (c) to enter into agreements to
conduct joint audits, inspections, or investigations in the
exercise of their oversight responsibilities in accordance with
this Act with respect to overseas contingency operations.''.
SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES FOR
OVERSEAS CONTINGENCY OPERATIONS IN RESPONSIBILITIES
OF CHIEF ACQUISITION OFFICERS OF FEDERAL AGENCIES.
(a) In General.--Subsection (b)(3) of section 1702 of title
41, United States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the
following new subparagraph (F):
``(F) advising the executive agency on the
applicability of relevant policy on the contracts of
the agency for overseas contingency operations and
ensuring the compliance of the contracts and
contracting activities of the agency with such
policy;''.
(b) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(d) Overseas Contingency Operations Defined.--In this
section, the term `overseas contingency operations' means
military operations outside the United States and its
territories and possessions that are a contingency operation
(as that term is defined in section 101(a)(13) of title 10).''.
SEC. 850. REPORTS ON RESPONSIBILITY WITHIN DEPARTMENT OF STATE AND THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
FOR CONTRACT SUPPORT FOR OVERSEAS CONTINGENCY
OPERATIONS.
(a) DoS and USAID Reports Required.--Not later than six
months after the date of the enactment of this Act, the
Secretary of State and the Administrator of the United States
Agency for International Development shall, in consultation
with the Chief Acquisition Officer of the Department of State
and the Chief Acquisition Officer of the United States Agency
for International Development, respectively, each submit to the
appropriate committees of Congress an assessment of Department
of State and United States Agency for International Development
policies governing contract support in overseas contingency
operations.
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) A description and assessment of the roles and
responsibilities of the officials, offices, and
components of the Department of State or the United
States Agency for International Development, as
applicable, within the chain of authority and
responsibility for policy, planning, and execution of
contract support for overseas contingency operations.
(2) Procedures and processes of the Department or
Agency, as applicable, on the following in connection
with contract support for overseas contingency
operations:
(A) Collection, inventory, and reporting of
data.
(B) Acquisition planning.
(C) Solicitation and award of contracts.
(D) Requirements development and
management.
(E) Contract tracking and oversight.
(F) Performance evaluations.
(G) Risk management.
(H) Interagency coordination and transition
planning.
(3) Strategies and improvements necessary for the
Department or the Agency, as applicable, to address
reliance on contractors, workforce planning, and the
recruitment and training of acquisition workforce
personnel, including the anticipated number of
personnel needed to perform acquisition management and
oversight functions and plans for achieving personnel
staffing goals, in connection with overseas contingency
operations.
(c) Comptroller General Report.--Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report on the progress of the efforts
of the Department of State and the United States Agency for
International Development in implementing improvements and
changes identified under paragraphs (1) through (3) of
subsection (b) in the reports required by subsection (a),
together with such additional information as the Comptroller
General considers appropriate to further inform such committees
on issues relating to the reports required by subsection (a).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Oversight and
Government Reform, and the Committee on Appropriations
of the House of Representatives.
SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES UNDER FEDERAL
CONTRACTS.
(a) Database Required.--
(1) In general.--Chapter 33 of title 41, United
States Code, is amended by adding at the end the
following new section:
``Sec. 3312. Database on price trends of items and services under
Federal contracts
``(a) Database Required.--The Administrator shall establish
and maintain a database of information on price trends for
items and services under contracts with the Federal Government.
The information in the database shall be designed to assist
Federal acquisition officials in the following:
``(1) Monitoring developments in price trends for
items and services under contracts with the Federal
Government.
``(2) Conducting price or cost analyses for items
and services under offers for contracts with the
Federal Government, or otherwise conducting
determinations of the reasonableness of prices for
items and services under such offers, and addressing
unjustified escalation in prices being paid by the
Federal Government for items and services under
contracts with the Federal Government.
``(b) Use.--(1) The database under subsection (a) shall be
available to executive agencies in the evaluation of offers for
contracts with the Federal Government for items and services.
``(2) The Secretary of Defense may satisfy the requirements
of this section by complying with the requirements of section
892 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (10 U.S.C. 2306a note).''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 33 of such title is amended by
adding at the end the following new item:
``3312. Database on price trends of items and services under Federal
contracts.''.
(b) Use of Elements of Department of Defense Pilot
Project.--In establishing the database required by section 3312
of title 41, United States Code (as added by subsection (a)),
the Administrator for Federal Procurement Policy shall use and
incorporate appropriate elements of the pilot project on
pricing being carried out by the Under Secretary of Defense for
Acquisition, Technology, and Logistics pursuant to section 892
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (10 U.S.C. 2306a note) and the Better Buying
Power initiative of the Secretary of Defense.
SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND INTEGRITY
THROUGH THE FEDERAL AWARDEE PERFORMANCE AND
INTEGRITY INFORMATION SYSTEM.
Subsection (d) of section 2313 of title 41, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) Information on corporations.--The information
in the database on a person that is a corporation
shall, to the extent practicable, include information
on any parent, subsidiary, or successor entities to the
corporation in a manner designed to give the
acquisition officials using the database a
comprehensive understanding of the performance and
integrity of the corporation in carrying out Federal
contracts and grants.''.
SEC. 853. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST
PERFORMANCE DATABASES FOR EXECUTIVE AGENCY SOURCE
SELECTION DECISIONS.
(a) Strategy Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall develop a strategy
for ensuring that timely, accurate, and complete
information on contractor performance is included in
past performance databases used by executive agencies
for making source selection decisions.
(2) Consultation with usdatl.--In developing the
strategy required by this subsection, the Federal
Acquisition Regulatory Council shall consult with the
Under Secretary of Defense for Acquisition, Technology,
and Logistics to ensure that the strategy is, to the
extent practicable, consistent with the strategy
developed by the Under Secretary pursuant to section
806 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note).
(b) Elements.--The strategy required by subsection (a)
shall, at a minimum--
(1) establish standards for the timeliness and
completeness of past performance submissions for
purposes of databases described in subsection (a);
(2) assign responsibility and management
accountability for the completeness of past performance
submissions for such purposes; and
(3) ensure that past performance submissions for
such purposes are consistent with award fee evaluations
in cases where such evaluations have been conducted.
(c) Contractor Comments.--Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to require the following:
(1) That affected contractors are provided, in a
timely manner, information on contractor performance to
be included in past performance databases in accordance
with subsection (a).
(2) That such contractors are afforded up to 14
calendar days, from the date of delivery of the
information provided in accordance with paragraph (1),
to submit comments, rebuttals, or additional
information pertaining to past performance for
inclusion in such databases.
(3) That agency evaluations of contractor past
performance, including any comments, rebuttals, or
additional information submitted under paragraph (2),
are included in the relevant past performance database
not later than the date that is 14 days after the date
of delivery of the information provided in accordance
with paragraph (1).
(d) Construction.--Nothing in this section shall be
construed to prohibit a contractor from submitting comments,
rebuttals, or additional information pertaining to past
performance after the period described in subsection (c)(2) has
elapsed or to prohibit a contractor from challenging a past
performance evaluation in accordance with applicable laws,
regulations, or procedures.
(e) Comptroller General Report.--Not later than 18 months
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report on the actions taken by the
Federal Acquisition Regulatory Council pursuant to this
section, including an assessment of the following:
(1) The extent to which the strategy required by
subsection (a) is consistent with the strategy
developed by the Under Secretary of Defense for
Acquisition, Technology, and Logistics as described in
subsection (a)(2).
(2) The extent to which the actions of the Federal
Acquisition Regulatory Council pursuant to this section
have otherwise achieved the objectives of this section.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on
Oversight and Government Reform, and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``executive agency'' has the meaning
given that term in section 133 of title 41, United
States Code, except that the term excludes the
Department of Defense and the military departments.
(3) The term ``Federal Acquisition Regulatory
Council'' means the Federal Acquisition Regulatory
Council under section 1302(a) of title 41, United
States Code.
Subtitle E--Other Matters
SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND DEBARMENT
OFFICIALS OF THE DEPARTMENT OF DEFENSE, THE
DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.
(a) Requirements.--Not later than 180 days after the date
of the enactment of this Act, the head of the covered agency
concerned shall ensure the following:
(1) There shall be not less than one suspension and
debarment official--
(A) in the case of the Department of
Defense, for each of the Department of the
Army, the Department of the Navy, the
Department of the Air Force, and the Defense
Logistics Agency;
(B) for the Department of State; and
(C) for the United States Agency for
International Development.
(2) A suspension and debarment official under
paragraph (1) may not report to or be subject to the
supervision of the acquisition office or the Inspector
General--
(A) in the case of the Department of
Defense, of either the Department of Defense or
the military department or Defense Agency
concerned; and
(B) in the case of the Department of State
and the United States Agency for International
Development, of the covered agency concerned.
(3) Each suspension and debarment official under
paragraph (1) shall have a staff and resources adequate
for the discharge of the suspension and debarment
responsibilities of such official.
(4) Each suspension and debarment official under
paragraph (1) shall document the basis for any final
decision taken pursuant to a formal referral in
accordance with the policies established under
paragraph (5).
(5) Each suspension and debarment official under
paragraph (1) shall, in consultation with the General
Counsel of the covered agency, establish in writing
policies for the consideration of the following:
(A) Formal referrals of suspension and
debarment matters.
(B) Suspension and debarment matters that
are not formally referred.
(b) Duties of Interagency Committee on Debarment and
Suspension.--Section 873 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (31 U.S.C. 6101 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``,
including with respect to contracts in
connection with contingency operations'' before
the semicolon; and
(B) in paragraph (7)--
(i) in subparagraph (B), by
striking ``and'' at the end;
(ii) in subparagraph (C), by
striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the
following new subparagraph:
``(D) a summary of suspensions, debarments,
and administrative agreements during the
previous year.''; and
(2) by striking subsection (b) and inserting the
following new subsections:
``(b) Date of Submittal of Annual Reports.--The annual
report required by subsection (a)(7) shall be submitted not
later than January 31 of each year, beginning with January 31,
2014.
``(c) Definitions.--In this section:
``(1) The term `contingency operation' has the
meaning given that term in section 101(a)(13) of title
10, United States Code.
``(2) The term `Interagency Committee on Debarment
and Suspension' means the committee constituted under
sections 4 and 5 of Executive Order No. 12549.''.
(c) Covered Agency.--In this section, the term ``covered
agency'' means the Department of Defense, the Department of
State, and the United States Agency for International
Development.
SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS.
(a) Uniform Standards and Controls Required.--Not later
than 180 days after the date of the enactment of this Act, the
officials specified in subsection (b) shall--
(1) establish uniform data standards, internal
control requirements, independent verification and
validation requirements, and business process rules for
processing procurement requests, contracts, receipts,
and invoices by the Department of Defense or other
executive agencies, as applicable;
(2) establish and maintain one or more approved
electronic contract writing systems that conform with
the standards, requirements, and rules established
pursuant to paragraph (1); and
(3) require the use of electronic contract writing
systems approved in accordance with paragraph (2) for
all contracts entered into by the Department of Defense
or other executive agencies, as applicable.
(b) Covered Officials.--The officials specified in this
subsection are the following:
(1) The Secretary of Defense, with respect to the
Department of Defense and the military departments.
(2) The Administrator for Federal Procurement
Policy, with respect to the executive agencies other
than the Department of Defense and the military
departments.
(c) Electronic Writing Systems for Department of State and
USAID.--Notwithstanding subsection (b)(2), the Secretary of
State and the Administrator of the United States Agency for
International Development may meet the requirements of
subsection (a)(2) with respect to approved electronic contract
writing systems for the Department of State and the United
States Agency for International Development, respectively, if
the Secretary and the Administrator, as the case may be,
demonstrate to the Administrator for Federal Procurement Policy
that prior investment of resources in existing contract writing
systems will result in the most cost effective and efficient
means to satisfy such requirements.
(d) Phase-in of Implementation of Requirement for Approved
Systems.--The officials specified in subsection (b) may phase
in the implementation of the requirement to use approved
electronic contract writing systems in accordance with
subsection (a)(3) over a period of up to five years beginning
with the date of the enactment of this Act.
(e) Reports.--Not later than 180 days after the date of the
enactment of this Act, the officials specified in subsection
(b) shall each submit to the appropriate committees of Congress
a report on the implementation of the requirements of this
section. Each report shall, at a minimum--
(1) describe the standards, requirements, and rules
established pursuant to subsection (a)(1);
(2) identify the electronic contract writing
systems approved pursuant to subsection (a)(2) and, if
multiple systems are approved, explain why the use of
such multiple systems is the most efficient and
effective approach to meet the contract writing needs
of the Federal Government; and
(3) provide the schedule for phasing in the use of
approved electronic contract writing systems in
accordance with subsections (a)(3) and (d).
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on
Oversight and Government Reform, and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``executive agency'' has the meaning
given that term in section 133 of title 41, United
States Code.
SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY.
Section 845(i) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by
striking ``September 30, 2013'' and inserting ``September 30,
2018''.
SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CONTRACTOR
EMPLOYEES.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on the
effect of reducing the allowable costs of contractor
compensation of employees to the amount payable to the
President under section 102 of title 3, United States Code, or
to the amount payable to the Vice President under section 104
of such title.
(b) Matters Covered.--The report shall include, at a
minimum, the following:
(1) An estimate of the total number of contractor
employees whose allowable costs of compensation in each
of fiscal years 2010, 2011, and 2012 would have
exceeded the amount of allowable costs under section
2324(e)(1)(P) of title 10, United States Code.
(2) An estimate of the total number of contractor
employees whose allowable costs of compensation in each
of fiscal years 2010, 2011, and 2012 exceeded the
amount payable to the President under section 102 of
title 3, United States Code.
(3) An estimate of the total number of contractor
employees whose allowable costs of compensation in
fiscal year 2012 exceeded the amount payable to the
Vice President under section 104 of title 3, United
States Code.
(4) An estimate of the total number of contractor
employees in fiscal year 2012 that could have been
characterized as falling within a narrowly targeted
exception established by the Secretary of Defense under
section 2324(e)(1)(P) of title 10, United States Code,
as a result of the amendment made by section 803(a)(2)
of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1485).
(5) A description of the duties and services
performed in fiscal year 2012 by employees who were
characterized by their employers as falling within a
narrowly targeted exception described in paragraph (4).
(6) An assessment of whether the compensation
amounts provided in fiscal year 2012 to employees who
were characterized by their employers as falling within
a narrowly targeted exception described in paragraph
(4) were provided in a manner consistent with private
sector practice.
(7) An assessment of the extent to which contractor
employees received compensation in the form of vested
or unvested stock options.
(8) An assessment of the potential impact on the
Department of Defense, contractors of the Department of
Defense, and employees of such contractors of adjusting
the amount of allowable costs of contractor
compensation to the amount specified in paragraph (2)
or the amount specified in paragraph (3).
(9) Such recommendations as the Comptroller General
considers appropriate.
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
(a) In General.--Not later than 90 days after the end of
each of fiscal years 2013 through 2016, the Secretary of
Defense shall submit to the appropriate committees of Congress
a report on any actions described in subsection (b) which
occurred during the preceding fiscal years.
(b) Actions Described.--
(1) In general.--An action described in this
subsection is the Secretary of Defense--
(A) entering into a contract that includes
an indemnification provision relating to bodily
injury caused by negligence or relating to
wrongful death; or
(B) modifying an existing contract to
include a provision described in subparagraph
(A) in a contract.
(2) Excluded contracts.--Paragraph (1) shall not
apply to any contract awarded in accordance with--
(A) section 2354 of title 10, United States
Code; or
(B) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(c) Matters Included.--For each action covered in a report
under subsection (a), the report shall include--
(1) the name of the contractor;
(2) a description of the indemnification provision
included in the contract; and
(3) a justification for the contract including the
indemnification provision.
(d) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on the Budget, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee
on the Budget, and the Committee on Appropriations of
the House of Representatives.
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR CONTRACTS
UNDER AIR FORCE NETCENTS-2 CONTRACT.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan to
increase the number of contractors eligible to be awarded
contracts under the Air Force's Network-Centric Solutions-2
(NETCENTS-2) indefinite-delivery, indefinite-quantity (IDIQ)
contract.
(b) Content.--The plan required under subsection (a) shall
include the following elements:
(1) A recommendation and rationale for a maximum
number of contractors to be eligible for contract
awards under NETCENTS-2 to foster competition and
reduce overall costs associated with hardware and
operation and maintenance of Air Networks.
(2) The methodology used to periodically review
existing eligible NETCENTS-2 contractors and contracts.
(3) A timeline to increase the current number of
eligible contractors under NETCENTS-2 and dates of
future ``on-ramps'' under NETCENTS-2 to assess current
eligible contractors and add additional eligible
contractors.
SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR SUSTAINING
BID PROTESTS IN ANNUAL PROTEST REPORT BY
COMPTROLLER GENERAL TO CONGRESS.
Section 3554(e)(2) of title 31, United States Code, is
amended by adding at the end the following: ``The report shall
also include a summary of the most prevalent grounds for
sustaining protests during such preceding year.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition programs
and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
Subtitle A--Department of Defense Management
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF DEFENSE
FOR MANUFACTURING AND INDUSTRIAL BASE POLICY AND
AMENDMENTS TO STRATEGIC MATERIALS PROTECTION BOARD.
(a) Responsibilities of Deputy Assistant Secretary.--
Section 139c(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Providing input to strategy reviews,
including quadrennial defense reviews conducted
pursuant to section 118 of this title, on matters
related to--
``(A) the defense industrial base; and
``(B) materials critical to national
security.
``(2) Establishing policies of the Department of
Defense for developing and maintaining the defense
industrial base of the United States and ensuring a
secure supply of materials critical to national
security.
``(3) Providing recommendations on budget matters
pertaining to the industrial base, the supply chain,
and the development and retention of skills necessary
to support the industrial base.
``(4) Providing recommendations and acquisition
policy guidance on supply chain management and supply
chain vulnerability throughout the entire supply chain,
from suppliers of raw materials to producers of major
end items.'';
(2) by striking paragraph (5) and redesignating
paragraphs (6), (7), (8), (9), and (10) as paragraphs
(5), (6), (7), (8), and (9), respectively;
(3) by inserting after paragraph (9), as so
redesignated, the following new paragraph (10):
``(10) Providing policy and oversight of matters
related to materials critical to national security to
ensure a secure supply of such materials to the
Department of Defense.'';
(4) by redesignating paragraph (15) as paragraph
(18); and
(5) by inserting after paragraph (14) the following
new paragraphs:
``(15) Coordinating with the Director of Small
Business Programs on all matters related to industrial
base policy of the Department of Defense.
``(16) Ensuring reliable sources of materials
critical to national security, such as specialty
metals, armor plate, and rare earth elements.
``(17) Establishing policies of the Department of
Defense for continued reliable resource availability
from secure sources for the industrial base of the
United States.''.
(b) Materials Critical to National Security Defined.--
Section 139c of such title is further amended by adding at the
end the following new subsection:
``(d) Materials Critical to National Security Defined.--In
this section, the term `materials critical to national
security' has the meaning given that term in section 187(e)(1)
of this title.''.
(c) Amendments to Strategic Materials Protection Board.--
(1) Membership.--Paragraph (2) of section 187(a) of
such title is amended to read as follows:
``(2) The Board shall be composed of the following:
``(A) The Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy, who shall be
the chairman of the Board.
``(B) The Administrator of the Defense Logistics
Agency Strategic Materials, or any successor
organization, who shall be the vice chairman of the
Board.
``(C) A designee of the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology.
``(D) A designee of the Assistant Secretary of the
Navy for Research, Development, and Acquisition.
``(E) A designee of the Assistant Secretary of the
Air Force for Acquisition.''.
(2) Duties.--Paragraphs (3) and (4) of section
187(b) of such title are each amended by striking
``President'' and inserting ``Secretary''.
(3) Meetings.--Section 187(c) of such title is
amended by striking ``Secretary of Defense'' and
inserting ``Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy''.
(4) Reports.--Section 187(d) of such title is
amended to read as follows:
``(d) Reports.--(1) Subject to paragraph (2), after each
meeting of the Board, the Board shall prepare a report
containing the results of the meeting and such recommendations
as the Board determines appropriate. Each such report shall be
submitted to the congressional defense committees, together
with comments and recommendations from the Secretary of
Defense, not later than 90 days after the meeting covered by
the report.
``(2) In any year in which the Board meets more than once,
each report prepared by the Board as required by paragraph (1)
may be combined into one annual report and submitted as
provided by paragraph (1) not later than 90 days after the last
meeting of the year.''.
SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL NEEDS AND RAPID
ACQUISITION.
(a) Designation of Senior Official Responsible for Focus on
Urgent Operational Needs and Rapid Acquisition.--
(1) In general.--The Secretary of Defense, after
consultation with the Secretaries of the military
departments, shall designate a senior official in the
Office of the Secretary of Defense as the principal
official of the Department of Defense responsible for
leading the Department's actions on urgent operational
needs and rapid acquisition, in accordance with this
section.
(2) Staff and resources.--The Secretary shall
assign to the senior official designated under
paragraph (1) appropriate staff and resources necessary
to carry out the official's functions under this
section.
(b) Responsibilities.--The senior official designated under
subsection (a) shall be responsible for the following:
(1) Acting as an advocate within the Department of
Defense for issues related to the Department's ability
to rapidly respond to urgent operational needs,
including programs funded and carried out by the
military departments.
(2) Improving visibility of urgent operational
needs throughout the Department, including across the
military departments, the Defense Agencies, and all
other entities and processes in the Department that
address urgent operational needs.
(3) Ensuring that tools and mechanisms are used to
track, monitor, and manage the status of urgent
operational needs within the Department, from
validation through procurement and fielding, including
a formal feedback mechanism for the Armed Forces to
provide information on how well fielded solutions are
meeting urgent operational needs.
(c) Urgent Operational Needs Defined.--In this section, the
term ``urgent operational needs'' means capabilities that are
determined by the Secretary of Defense, pursuant to the review
process required by section 804(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302
note), to be suitable for rapid fielding in response to urgent
operational needs.
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL FOR
ENTERPRISE RESOURCE PLANNING SYSTEM DATA
CONVERSION.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) designate a senior official of the Department
of Defense as the official with principal
responsibility for coordination and management
oversight of data conversion for all enterprise
resource planning systems of the Department; and
(2) set forth the responsibilities of that senior
official with respect to such data conversion.
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY
ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL
TEST AND EVALUATION.
(a) Direct Communication.--Section 139b(a)(3) of title 10,
United States Code, is amended by striking ``to the Under
Secretary'' before the period and inserting ``to the Under
Secretary. The Deputy Assistant Secretary may communicate views
on matters within the responsibility of the Deputy Assistant
Secretary directly to the Under Secretary without obtaining the
approval or concurrence of any other official within the
Department of Defense''.
(b) Duties.--Section 139b(a)(5) of such title is amended--
(1) in subparagraph (A)(i), by striking ``in the
Department of Defense'' and inserting ``in the military
departments and other elements of the Department of
Defense'';
(2) in subparagraph (B), by striking ``review and
approve'' and inserting ``review and approve or
disapprove'';
(3) in subparagraph (C), by striking ``programs''
and inserting ``programs (including the activities of
chief developmental testers and lead developmental test
evaluation organizations designated in accordance with
subsection (c))'';
(4) in subparagraph (E), by striking ``and'' after
the semicolon at the end; and
(5) by redesignating subparagraph (F) as
subparagraph (G) and by inserting after subparagraph
(E) the following new subparagraph (F):
``(F) in consultation with the Assistant
Secretary of Defense for Research and
Engineering, assess the technological maturity
and integration risk of critical technologies
at key stages in the acquisition process;
and''.
(c) Concurrent Service.--Section 139b(a)(7) of such title
is amended by striking ``may'' and inserting ``shall''.
(d) Resources.--Section 139b(a) of such title is amended by
adding at the end the following new paragraph:
``(8) Resources.--
``(A) The President shall include in the
budget transmitted to Congress, pursuant to
section 1105 of title 31, for each fiscal year,
a separate statement of estimated expenditures
and proposed appropriations for the fiscal year
for the activities of the Deputy Assistant
Secretary of Defense for Developmental Test and
Evaluation in carrying out the duties and
responsibilities of the Deputy Assistant
Secretary under this section.
``(B) The Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation
shall have sufficient professional staff of
military and civilian personnel to enable the
Deputy Assistant Secretary to carry out the
duties and responsibilities prescribed by
law.''.
(e) Consultations Relating to Technological Readiness.--
(1) Consultation on report on critical
technologies.--Section 138b(b)(2) of such title is
amended by striking ``The Assistant Secretary shall
submit'' and inserting ``The Assistant Secretary, in
consultation with the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation, shall
submit''.
(2) Consultation during certification process for
major defense acquisition programs.--Section
2366b(a)(3)(D) of such title is amended by striking
``the Assistant Secretary of Defense for Research and
Engineering'' and inserting ``the Assistant Secretary
of Defense for Research and Engineering, in
consultation with the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation''.
(f) Duties of Chief Developmental Tester and Lead
Developmental Test and Evaluation Organization.--Section
139b(c) of such title is amended--
(1) in paragraph (2), by striking ``shall be
responsible for'' and inserting ``, consistent with
policies and guidance issued pursuant to subsection
(a)(5)(A), shall be responsible for'';
(2) in paragraph (3), by striking ``shall be
responsible for'' and inserting ``, consistent with
policies and guidance issued pursuant to subsection
(a)(5)(A), shall be responsible for''; and
(3) by adding at the end the following new
paragraph:
``(4) Transmittal of records and data.--The chief
developmental tester and the lead developmental test
and evaluation organization for a major defense
acquisition program shall promptly transmit to the
Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation any records or data relating to the
program that are requested by the Deputy Assistant
Secretary, as provided in subsection (a)(6).''.
(g) Annual Report.--Section 139b(d) of such title is
amended--
(1) in the subsection heading, by striking
``Joint'';
(2) by redesignating paragraphs (1), (2), (3), and
(4) as subparagraphs (A), (B), (C), and (D),
respectively, and moving each subparagraph (as so
redesignated) two ems to the right;
(3) by striking ``Not later than March 31'' and
inserting:
``(1) In general.--Not later than March 31'';
(4) in the matter appearing before subparagraph
(A), as so redesignated, by striking ``jointly'' and
inserting ``each''; and
(5) by adding at the end the following new
paragraph:
``(2) Additional requirements for report by deputy
assistant secretary of defense for developmental test
and evaluation.--With respect to the report required
under paragraph (1) by the Deputy Assistant Secretary
of Defense for Developmental Test and Evaluation, the
report shall include--
``(A) a separate section that covers the
activities of the Department of Defense Test
Resource Management Center (established under
section 196 of this title) during the preceding
year; and
``(B) a separate section that addresses the
adequacy of the resources available to the
Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation and to the
lead developmental test and evaluation
organizations of the military departments to
carry out the responsibilities prescribed by
this section.''.
(h) Reports to Congress on Failure To Comply With
Recommendations.--
(1) Report required.--Not later than 60 days after
the end of each fiscal year, from fiscal year 2013
through fiscal year 2018, the Under Secretary of
Defense for Acquisition, Technology, and Logistics
shall submit to the congressional defense committees a
report on each case in which a major defense
acquisition program, in the preceding fiscal year--
(A) proceeded to implement a test and
evaluation master plan notwithstanding a
decision of the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation
to disapprove the developmental test and
evaluation plan within that plan in accordance
with section 139b(a)(5)(B) of title 10, United
States Code; or
(B) proceeded to initial operational
testing and evaluation notwithstanding a
determination by the Deputy Assistant Secretary
of Defense for Developmental Test and
Evaluation on the basis of an assessment of
operational test readiness that the program is
not ready for operational testing.
(2) Matters covered.--
(A) For each program covered by paragraph
(1)(A), the report shall include the following:
(i) A description of the specific
aspects of the developmental test and
evaluation plan that the Deputy
Assistant Secretary determined to be
inadequate.
(ii) An explanation of the reasons
why the program disregarded the Deputy
Assistant Secretary's recommendations
with regard to those aspects of the
developmental test and evaluation plan.
(iii) The steps taken to address
those aspects of the developmental test
and evaluation plan and address the
concerns of the Deputy Assistant
Secretary.
(B) For each program covered by paragraph
(1)(B), the report shall include the following:
(i) An explanation of the reasons
why the program proceeded to initial
operational testing and evaluation
notwithstanding the findings of the
assessment of operational test
readiness.
(ii) A description of the aspects
of the approved testing and evaluation
master plan that had to be set aside to
enable the program to proceed to
initial operational testing and
evaluation.
(iii) A description of how the
program addressed the specific areas of
concern raised in the assessment of
operational test readiness.
(iv) A statement of whether initial
operational testing and evaluation
identified any significant shortcomings
in the program.
(3) Additional congressional notification.--Not
later than 30 days after any decision to conduct
developmental testing on a major defense acquisition
program without an approved test and evaluation master
plan in place, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall provide to
the congressional defense committees a written
explanation of the basis for the decision and a
timeline for getting an approved plan in place.
SEC. 905. DEFINITION AND REPORT ON TERMS ``PREPARATION OF THE
ENVIRONMENT'' AND ``OPERATIONAL PREPARATION OF THE
ENVIRONMENT'' FOR JOINT DOCTRINE PURPOSES.
(a) Definitions Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall define for purposes of joint doctrine the following
terms:
(1) The term ``preparation of the environment''.
(2) The term ``operational preparation of the
environment''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
terms defined under subsection (a). The report shall
include the following:
(A) The definition of the term
``preparation of the environment'' pursuant to
subsection (a).
(B) Examples of activities meeting the
definition of the term ``preparation of the
environment'' by special operations forces and
general purpose forces.
(C) The definition of the term
``operational preparation of the environment''
pursuant to subsection (a).
(D) Examples of activities meeting the
definition of the term ``operational
preparation of the environment'' by special
operations forces and general purpose forces.
(E) An assessment of the appropriate roles
of special operations forces and general
purpose forces in conducting activities meeting
the definition of the term ``preparation of the
environment'' and the definition of the term
``operational preparation of the environment''.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE FROM THE MILITARY DEPARTMENTS
AND DEFENSE AGENCIES FOR DEFENSE BUSINESS SYSTEM
INVESTMENT REVIEWS.
Section 2222(g) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) The investment management process required by
paragraph (1) shall include requirements for the military
departments and the Defense Agencies to make available to the
Deputy Chief Management Officer such information on covered
defense business system programs and other business functions
as the Deputy Chief Management Officer shall require for the
review of defense business system programs under the process.
Such information shall be made available to the Deputy Chief
Management Officer through existing data sources or in a
standardized format established by the Deputy Chief Management
Officer for purposes of this paragraph.''.
Subtitle B--Space Activities
SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY DELIVERY
SCHEDULES FOR SEGMENTS OF MAJOR SATELLITE
ACQUISITION PROGRAMS AND FUNDING FOR SUCH PROGRAMS.
(a) In General.--Chapter 135 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2275. Reports on integration of acquisition and capability
delivery schedules for segments of major satellite
acquisition programs and funding for such programs
``(a) Reports Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on each major
satellite acquisition program in accordance with subsection (d)
that assesses--
``(1) the integration of the schedules for the
acquisition and the delivery of the capabilities of the
segments for the program; and
``(2) funding for the program.
``(b) Elements.--Each report required by subsection (a)
with respect to a major satellite acquisition program shall
include the following:
``(1) The amount of funding approved for the
program and for each segment of the program that is
necessary for full operational capability of the
program.
``(2) The dates by which the program and each
segment of the program is anticipated to reach initial
and full operational capability.
``(3) A description of the intended primary
capabilities and key performance parameters of the
program.
``(4) An assessment of the extent to which the
schedules for the acquisition and the delivery of the
capabilities of the segments for the program or any
related program referred to in paragraph (1) are
integrated.
``(5) If the Under Secretary determines pursuant to
the assessment under paragraph (4) that the program is
a non-integrated program, an identification of--
``(A) the impact on the mission of the
program of having the delivery of the segment
capabilities of the program more than one year
apart;
``(B) the measures the Under Secretary is
taking or is planning to take to improve the
integration of the acquisition and delivery
schedules of the segment capabilities; and
``(C) the risks and challenges that impede
the ability of the Department of Defense to
fully integrate those schedules.
``(c) Consideration by Milestone Decision Authority.--The
Milestone Decision Authority shall include the report required
by subsection (a) with respect to a major satellite acquisition
program as part of the documentation used to approve the
acquisition of the program.
``(d) Submittal of Reports.--(1) In the case of a major
satellite acquisition program initiated before the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2013, the Under Secretary shall submit the report required
by subsection (a) with respect to the program not later than
one year after such date of enactment.
``(2) In the case of a major satellite acquisition program
initiated on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2013, the Under
Secretary shall submit the report required by subsection (a)
with respect to the program at the time of the Milestone B
approval of the program.
``(e) Notification to Congress of Non-integrated
Acquisition and Capability Delivery Schedules.--If, after
submitting the report required by subsection (a) with respect
to a major satellite acquisition program, the Under Secretary
determines that the program is a non-integrated program, the
Under Secretary shall, not later than 30 days after making that
determination, submit to the congressional defense committees a
report--
``(1) notifying the committees of that
determination; and
``(2) identifying--
``(A) the impact on the mission of the
program of having the delivery of the segment
capabilities of the program more than one year
apart;
``(B) the measures the Under Secretary is
taking or is planning to take to improve the
integration of the acquisition and delivery
schedules of the segment capabilities; and
``(C) the risks and challenges that impede
the ability of the Department of Defense to
fully integrate those schedules.
``(f) Annual Updates for Non-integrated Programs.--
``(1) Requirement.--For each major satellite
acquisition program that the Under Secretary has
determined under subsection (b)(5) or subsection (e) is
a non-integrated program, the Under Secretary shall
annually submit to Congress, at the same time the
budget of the President for a fiscal year is submitted
under section 1105 of title 31, an update to the report
required by subsection (a) for such program.
``(2) Termination of requirement.--The requirement
to submit an annual report update for a program under
paragraph (1) shall terminate on the date on which the
Under Secretary submits to the congressional defense
committees notice that the Under Secretary has
determined that such program is no longer a non-
integrated program, or on the date that is five years
after the date on which the initial report update
required under paragraph (1) is submitted, whichever is
earlier.
``(3) GAO review of certain non-integrated
programs.--If at the time of the termination of the
requirement to annually update a report for a program
under paragraph (1) the Under Secretary has not
provided notice to the congressional defense committees
that the Under Secretary has determined that the
program is no longer a non-integrated program, the
Comptroller General shall conduct a review of such
program and submit the results of such review to the
congressional defense committees.
``(g) Definitions.--In this section:
``(1) Segments.--The term `segments', with respect
to a major satellite acquisition program, refers to any
satellites acquired under the program and the ground
equipment and user terminals necessary to fully exploit
the capabilities provided by those satellites.
``(2) Major satellite acquisition program.--The
term `major satellite acquisition program' means a
major defense acquisition program (as defined in
section 2430 of this title) for the acquisition of a
satellite.
``(3) Milestone b approval.--The term `Milestone B
approval' has the meaning given that term in section
2366(e)(7) of this title.
``(4) Non-integrated program.--The term `non-
integrated program' means a program with respect to
which the schedules for the acquisition and the
delivery of the capabilities of the segments for the
program, or a related program that is necessary for the
operational capability of the program, provide for the
acquisition or the delivery of the capabilities of at
least two of the three segments for the program or
related program more than one year apart.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 135 of such title is amended by adding at
the end the following new item:
``2275. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition programs
and funding for such programs.''.
SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION.
(a) In General.--Chapter 135 of title 10, United States
Code, as amended by section 911 of this Act, is further amended
by adding at the end the following new section:
``Sec. 2276. Commercial space launch cooperation
``(a) Authority.--The Secretary of Defense may take such
actions as the Secretary considers to be in the best interest
of the Federal Government to--
``(1) maximize the use of the capacity of the space
transportation infrastructure of the Department of
Defense by the private sector in the United States;
``(2) maximize the effectiveness and efficiency of
the space transportation infrastructure of the
Department of Defense;
``(3) reduce the cost of services provided by the
Department of Defense related to space transportation
infrastructure at launch support facilities and space
recovery support facilities;
``(4) encourage commercial space activities by
enabling investment by covered entities in the space
transportation infrastructure of the Department of
Defense; and
``(5) foster cooperation between the Department of
Defense and covered entities.
``(b) Authority for Contracts and Other Agreements Relating
to Space Transportation Infrastructure.--The Secretary of
Defense--
``(1) may enter into an agreement with a covered
entity to provide the covered entity with support and
services related to the space transportation
infrastructure of the Department of Defense; and
``(2) upon the request of such covered entity, may
include such support and services in the space launch
and reentry range support requirements of the
Department of Defense if--
``(A) the Secretary determines that the
inclusion of such support and services in such
requirements--
``(i) is in the best interest of
the Federal Government;
``(ii) does not interfere with the
requirements of the Department of
Defense; and
``(iii) does not compete with the
commercial space activities of other
covered entities, unless that
competition is in the national security
interests of the United States; and
``(B) any commercial requirement included
in the agreement has full non-Federal funding
before the execution of the agreement.
``(c) Contributions.--
``(1) In general.--The Secretary of Defense may
enter into an agreement with a covered entity on a
cooperative and voluntary basis to accept contributions
of funds, services, and equipment to carry out this
section.
``(2) Use of contributions.--Any funds, services,
or equipment accepted by the Secretary under this
subsection--
``(A) may be used only for the objectives
specified in this section in accordance with
terms of use set forth in the agreement entered
into under this subsection; and
``(B) shall be managed by the Secretary in
accordance with regulations of the Department
of Defense.
``(3) Requirements with respect to agreements.--An
agreement entered into with a covered entity under this
subsection--
``(A) shall address the terms of use,
ownership, and disposition of the funds,
services, or equipment contributed pursuant to
the agreement; and
``(B) shall include a provision that the
covered entity will not recover the costs of
its contribution through any other agreement
with the United States.
``(d) Defense Cooperation Space Launch Account.--
``(1) Establishment.--There is established in the
Treasury of the United States a special account to be
known as the `Defense Cooperation Space Launch
Account'.
``(2) Crediting of funds.--Funds received by the
Secretary of Defense under subsection (c) shall be
credited to the Defense Cooperation Space Launch
Account.
``(3) Use of funds.--Funds deposited in the Defense
Cooperation Space Launch Account under paragraph (2)
are authorized to be appropriated and shall be
available for obligation only to the extent provided in
advance in an appropriation Act for costs incurred by
the Department of Defense in carrying out subsection
(b). Funds in the Account shall remain available until
expended.
``(e) Annual Report.--Not later than January 31 of each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on the funds,
services, and equipment accepted and used by the Secretary
under this section during the preceding fiscal year.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.
``(g) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity'
means a non-Federal entity that--
``(A) is organized under the laws of the
United States or of any jurisdiction within the
United States; and
``(B) is engaged in commercial space
activities.
``(2) Launch support facilities.--The term `launch
support facilities' has the meaning given the term in
section 50501(7) of title 51.
``(3) Space recovery support facilities.--The term
`space recovery support facilities' has the meaning
given the term in section 50501(11) of title 51.
``(4) Space transportation infrastructure.--The
term `space transportation infrastructure' has the
meaning given that term in section 50501(12) of title
51.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as so amended, is further amended by
adding at the end the following new item:
``2276. Commercial space launch cooperation.''.
SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE
ACTIVITIES.
(a) Certification Required.--If the United States becomes a
signatory to a non-legally binding international agreement
concerning an International Code of Conduct for Outer Space
Activities or any similar agreement, at the same time as the
United States becomes such a signatory--
(1) the President shall submit to the congressional
defense committees, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate a
certification that such agreement has no legally-
binding effect or basis for limiting the activities of
the United States in outer space; and
(2) the Secretary of Defense, the Chairman of the
Joint Chiefs of Staff, and the Director of National
Intelligence shall jointly submit to the congressional
defense committees a certification that such agreement
will be equitable, enhance national security, and have
no militarily significant impact on the ability of the
United States to conduct military or intelligence
activities in space.
(b) Briefings and Notifications Required.--
(1) Restatement of policy formulation under the
arms control and disarmament act with respect to outer
space.--No action shall be taken that would obligate
the United States to reduce or limit the Armed Forces
or armaments of the United States in outer space in a
militarily significant manner, except pursuant to the
treaty-making power of the President set forth in
Article II, Section 2, Clause II of the Constitution or
unless authorized by the enactment of further
affirmative legislation by the Congress of the United
States.
(2) Briefings.--
(A) Requirement.--The Secretary of Defense,
the Secretary of State, and the Director of
National Intelligence shall jointly provide to
the covered congressional committees regular,
detailed updates on the negotiation of a non-
legally binding international agreement
concerning an International Code of Conduct for
Outer Space Activities or any similar
agreement.
(B) Termination of requirement.--The
requirement to provide regular briefings under
subparagraph (A) shall terminate on the date on
which the United States becomes a signatory to
an agreement referred to in subparagraph (A),
or on the date on which the President certifies
to Congress that the United States is no longer
negotiating an agreement referred to in
subparagraph (A), whichever is earlier.
(3) Notifications.--If the United States becomes a
signatory to a non-legally binding international
agreement concerning an International Code of Conduct
for Outer Space Activities or any similar agreement,
not less than 60 days prior to any action that will
obligate the United States to reduce or limit the Armed
Forces or armaments or activities of the United States
in outer space, the head of each Department or agency
of the Federal Government that is affected by such
action shall submit to Congress notice of such action
and the effect of such action on such Department or
agency.
(4) Definition.--In this subsection, the term
``covered congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
(c) Report on Foreign Counter-space Programs.--
(1) Report required.--Chapter 135 of title 10,
United States Code, as amended by section 912 of this
Act, is further amended by adding at the end the
following new section:
``Sec. 2277. Report on foreign counter-space programs
``(a) Report Required.--Not later than January 1 of each
year, the Secretary of Defense and the Director of National
Intelligence shall jointly submit to Congress a report on the
counter-space programs of foreign countries.
``(b) Contents.--Each report required under subsection (a)
shall include--
``(1) an explanation of whether any foreign country
has a counter-space program that could be a threat to
the national security or commercial space systems of
the United States; and
``(2) the name of each country with a counter-space
program described in paragraph (1).
``(c) Form.--
``(1) In general.--Except as provided in paragraphs
(2) and (3), each report required under subsection (a)
shall be submitted in unclassified form.
``(2) Classified annex.--The Secretary of Defense
and the Director of National Intelligence may submit to
the covered congressional committees a classified annex
to a report required under subsection (a) containing
any classified information required to be submitted for
such report.
``(3) Foreign country names.--
``(A) Unclassified form.--Subject to
subparagraph (B), each report required under
subsection (a) shall include the information
required under subsection (b)(2) in
unclassified form.
``(B) National security waiver.--The
Secretary of Defense and the Director of
National Intelligence may waive the requirement
under subparagraph (A) if the Secretary and the
Director of National Intelligence jointly
determine it is in the interests of national
security to waive such requirement and submits
to Congress an explanation of why the Secretary
and the Director waived such requirement.
``(d) Covered Congressional Committees Defined.--In this
section, the term `covered congressional committees' means the
Committee on Armed Services and the Permanent Select Committee
on Intelligence of the House of Representatives and the
Committee on Armed Services and the Select Committee on
Intelligence of the Senate.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 135 of title 10, United States
Code, as so amended, is further amended by adding at
the end the following new item:
``2277. Report on foreign counter-space programs.''.
SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.
(a) In General.--Subsection (a) of section 2273a of title
10, United States Code, is amended to read as follows:
``(a) In General.--There is within the Air Force Space and
Missile Systems Center of the Department of Defense a joint
program office known as the Operationally Responsive Space
Program Office (in this section referred to as the `Office').
The facilities of the Office may not be co-located with the
headquarters facilities of the Air Force Space and Missile
Systems Center.''.
(b) Head of Office.--Subsection (b) of such section is
amended by striking ``shall be--'' and all that follows and
inserting ``shall be the designee of the Department of Defense
Executive Agent for Space. The head of the Office shall report
to the Commander of the Air Force Space and Missile Systems
Center.''.
(c) Mission.--Subsection (c)(1) of such section is amended
by striking ``spacelift'' and inserting ``launch''.
(d) Senior Acquisition Executive.--Paragraph (1) of
subsection (e) of such section is amended to read as follows:
``(1) The Program Executive Officer for Space shall
be the Acquisition Executive of the Office and shall
provide streamlined acquisition authorities for
projects of the Office.''.
(e) Executive Committee.--Such section is further amended
by adding at the end the following new subsection:
``(g) Executive Committee.--(1) The Secretary of Defense
shall establish for the Office an Executive Committee (to be
known as the `Operationally Responsive Space Executive
Committee') to provide coordination, oversight, and approval of
projects of the Office.
``(2) The Executive Committee shall consist of the
officials (and their duties) as follows:
``(A) The Department of Defense Executive Agent for
Space, who shall serve as Chair of the Executive
Committee and provide oversight, prioritization,
coordination, and resources for the Office.
``(B) The Under Secretary of Defense for
Acquisition, Technology, and Logistics, who shall
provide coordination and oversight of the Office and
recommend funding sources for programs of the Office
that exceed the approved program baseline.
``(C) The Commander of the United States Strategic
Command, who shall validate requirements for systems to
be acquired by the Office and participate in approval
of any acquisition program initiated by the Office.
``(D) The Commander of the Air Force Space Command,
the Commander of the Army Space and Missile Defense
Command, and the Commander of the Space and Naval
Warfare Systems Command, who shall jointly organize,
train, and equip forces to support the acquisition
programs of the Office.
``(E) Such other officials (and their duties) as
the Secretary of Defense considers appropriate.''.
SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Director of National Intelligence, shall
submit to the congressional defense committees, the Permanent
Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report on overhead persistent infrared technology
that includes--
(1) an identification of the comprehensive overhead
persistent infrared technology requirements of the
Department of Defense and the intelligence community;
(2) a description of the strategy, plan, and budget
for the space layer, with supporting ground
architecture, including key decision points for the
current and next generation overhead persistent
infrared technology with respect to missile warning,
missile defense, battlespace awareness, and technical
intelligence;
(3) an assessment of whether there are further
opportunities for the Department of Defense and the
intelligence community to capitalize on increased data
sharing, fusion, interoperability, and exploitation;
(4) recommendations on how to better coordinate the
efforts by the Department and the intelligence
community to exploit overhead persistent infrared
sensor data; and
(5) any other relevant information that the
Secretary considers necessary.
(b) Comptroller General Assessment.--Not later than 90 days
after the date on which the Secretary of Defense submits the
report required under subsection (a), the Comptroller General
of the United States shall submit to the congressional defense
committees an assessment of the report required under
subsection (a), including--
(1) an assessment of whether such report is
comprehensive, fully supported, and sufficiently
detailed; and
(2) an identification of any shortcomings,
limitations, or other reportable matters that affect
the quality or findings of the report required under
subsection (a).
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE LAUNCH
CAPABILITY OF THE UNITED STATES.
(a) Assessment.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct an
independent assessment of the national security implications of
continuing to use foreign component and propulsion systems for
the launch vehicles under the evolved expendable launch vehicle
program.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the assessment
conducted under subsection (a).
SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for two years,
the Secretary of Defense shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a report based on all available
information (including the Counter Space Technology List of the
Department of State) describing key space technologies that
could be used, or are being sought, by a foreign country with a
counter space or ballistic missile program, and should be
subject to export controls by the United States or an ally of
the United States, as appropriate.
(b) Form.--Each report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
Subtitle C--Intelligence-Related Activities
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUPPORT TO
CERTAIN SECURITY ALLIANCES AND REGIONAL
ORGANIZATIONS.
(a) Authorization.--Section 443(a) of title 10, United
States Code, is amended by striking ``foreign countries'' and
inserting ``foreign countries, regional organizations with
defense or security components, and security alliances of which
the United States is a member''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 443 of
title 10, United States Code, is amended by striking
``foreign countries'' and inserting ``foreign
countries, regional organizations, and security
alliances''.
(2) Table of sections.--The table of sections at
the beginning of chapter 22 of title 10, United States
Code, is amended by striking the item relating to
section 443 and inserting the following new item:
``443. Imagery intelligence and geospatial information: support for
foreign countries, regional organizations, and security
alliances.''.
(c) Reports.--
(1) In general.--Not later than January 15 during
each of 2014 and 2015, the Director of the National
Geospatial-Intelligence Agency shall submit to the
appropriate congressional committees an annual report
on the imagery intelligence or geospatial information
support that the Director provided to a regional
organization or security alliance under section 443(a)
of title 10, United States Code, as amended by
subsection (a), during the year covered by the report,
including an identification of each such organization
or alliance and the number of times such organization
or alliance received such intelligence or support.
(2) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME OF NATIONAL
DEFENSE INTELLIGENCE COLLEGE TO NATIONAL
INTELLIGENCE UNIVERSITY.
(a) Conforming Amendments To Reflect Name Change.--Section
2161 of title 10, United States Code, is amended by striking
``National Defense Intelligence College'' each place it appears
and inserting ``National Intelligence University''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 2161. Degree granting authority for National Intelligence
University''.
(2) Table of sections.--The item related to such
section in the table of sections at the beginning of
chapter 108 of such title is amended to read as
follows:
``2161. Degree granting authority for National Intelligence
University.''.
SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM.
(a) Review.--The Secretary of the Army shall direct the
Army Systems Acquisition Review Council to--
(1) review the Distributed Common Ground System
program of the Army; and
(2) report the results of such review to the
congressional defense committees not later than 180
days after the date of the enactment of this Act.
(b) Elements.--The review required under subsection (a)
shall include--
(1) an assessment of the current acquisition
strategy for the Distributed Common Ground System
program of the Army to determine the relevance of such
program to the current and emerging needs of the Army,
including evolving technology needs and architectural
strategies;
(2) an assessment of the current technology
performance to meet existing program requirements,
including interoperability, net-readiness, and
functional performance for both cloud-enabled and
disconnected operations;
(3) an analysis of competitive procedures that
allow new and emerging capabilities, including
integration of quick reaction capabilities, to be
rapidly integrated into the architecture, including
through the use of product fly-offs using standardized,
Government-provided common data sets that allow for
equitable comparisons of capabilities;
(4) an analysis of the current technological path
to ensure such path incorporates current best practices
from industry and is in concert with the emerging needs
and requirements of the Joint Information Environment;
(5) an assessment of such program to ensure
appropriate investments in human systems integration
are being made to ensure interface usability;
(6) an assessment of such program to ensure
enterprise knowledge management and training
requirements are commensurate with the anticipated
force structure of the Army for the decade following
the date of the enactment of this Act; and
(7) recommendations for any changes that may be
needed as a result of the review.
SEC. 924. ELECTRO-OPTICAL IMAGERY.
(a) Identification of Department of Defense Electro-optical
Satellite Imagery Requirements.--
(1) Report.--Not later than April 1, 2013, the
Chairman of the Joint Requirements Oversight Council
shall submit to the Director of the Congressional
Budget Office a report setting forth a comprehensive
description of Department of Defense peacetime and
wartime requirements for electro-optical satellite
imagery.
(2) Scope of requirements.--The requirements under
paragraph (1) shall--
(A) be expressed in such terms as are
necessary, which may include daily regional and
global area coverage and number of point
targets, resolution, revisit rates, mean-time
to access, latency, redundancy, survivability,
and diversity; and
(B) take into consideration all types of
imagery and collection means available.
(b) Assessment of Identified Requirements.--
(1) In general.--Not later than September 15, 2013,
the Director of the Congressional Budget Office shall
submit to the appropriate committees of Congress a
report setting forth an assessment by the Director of
the report required by subsection (a).
(2) Elements.--The assessment required by paragraph
(1) shall include an assessment of the following:
(A) The extent to which the requirements of
the Department for electro-optical imagery from
space can be satisfied by commercial companies
using either--
(i) current designs; or
(ii) enhanced designs that could be
developed at low risk.
(B) The estimated cost and schedule of
satisfying such requirements using commercial
companies.
(3) Consultation and other resources.--In preparing
the assessment required by paragraph (1), the Director
shall--
(A) consult widely with officials of the
Government, private industry, and academia; and
(B) make maximum use of existing studies
and modeling and simulations.
(4) Access to information.--The Secretary of
Defense shall provide the appropriately cleared staff
of the Director of the Congressional Budget Office with
such access to information and programs applicable to
the assessment required by paragraph (1) as the
Director of the Congressional Budget Office shall
require for the preparation of the assessment.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services and
Appropriations and the Select Committee on Intelligence
of the Senate; and
(2) the Committees on Armed Services and
Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 925. DEFENSE CLANDESTINE SERVICE.
(a) Prohibition on Use of Funds for Additional Personnel.--
(1) Prohibition.--Subject to paragraph (2), none of
the funds authorized to be appropriated by this Act may
be obligated or expended for--
(A) civilian personnel in the Department of
Defense conducting or supporting human
intelligence in excess of the number of such
civilian personnel as of April 20, 2012; or
(B) positions in the Department of Defense
served by members of the Armed Forces
conducting or supporting human intelligence
within the Department of Defense in excess of
the number of such positions as of April 20,
2012.
(2) Reduction of civilian personnel.--
(A) Reduction.--Subject to subparagraph
(B), if on the date of the enactment of this
Act the number of civilian personnel in the
Department of Defense conducting or supporting
human intelligence exceeds the number of such
personnel as of April 20, 2012, the Secretary
of Defense shall, not later than 30 days after
the date of the enactment of this Act, take
appropriate action to promptly reduce,
consistent with reduction-in-force procedures,
the total number of such civilian personnel to
the number of such civilian personnel as of
April 20, 2012.
(B) Exception.--For each civilian personnel
in the Department of Defense conducting or
supporting human intelligence in excess of the
number of such civilian personnel as of April
20, 2012, that the Secretary considers
necessary to maintain after the date of the
enactment of this Act during all or part of
fiscal year 2013, the Secretary shall submit to
the appropriate committees of Congress a
comprehensive justification for maintaining
such civilian personnel, including the specific
role, mission, and responsibilities of such
civilian personnel and whether such civilian
personnel was employed in another capacity in
the Department of Defense immediately prior to
beginning the conduct or support of human
intelligence.
(C) Limitation.--Notwithstanding any other
provision of this subsection, following the
action taken by the Secretary under
subparagraph (A), the number of civilian
personnel in the Department of Defense
conducting or supporting human intelligence for
fiscal year 2013 shall not exceed the total
of--
(i) the number of such civilian
personnel as of April 20, 2012; and
(ii) the number of such civilian
personnel for which the Secretary has
submitted a justification under
subparagraph (B).
(b) CAPE Report on Costs.--Not later than 120 days after
the date of the enactment of this Act, the Director of Cost
Assessment and Program Evaluation of the Department of Defense,
in consultation with the Director of National Intelligence,
shall submit to the appropriate committees of Congress an
independent, comprehensive estimate of the costs of the Defense
Clandestine Service, including an estimate of the costs over
the period of the current future-years defense program and such
years occurring after such period as the Director is able to
reasonably estimate.
(c) USDI Report on DCS.--
(1) Report required.--Not later than February 1,
2013, the Under Secretary of Defense for Intelligence
shall submit to the appropriate committees of Congress
a report on the Defense Clandestine Service.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) A detailed description of the location
and schedule for current and anticipated
deployments of case officers trained under the
Field Tradecraft Course and a certification of
whether each activity receiving a deployment
can accommodate and support the deployment.
(B) A statement of the objectives for the
effective management of case officers trained
under the Field Tradecraft Course. Such
objectives shall include an outline of career
management tracks commencing with accession,
initial training requirement, number of Defense
Clandestine Service tours requiring Field
Tradecraft Course training, and objectives for
management of career tracks, including
promotion criteria.
(C) A statement of the manner in which each
military department and the Defense
Intelligence Agency will each achieve the
objectives applicable under subparagraph (B).
(D) A copy of any memoranda of
understanding or memoranda of agreement between
the Department of Defense and other departments
and agencies of the United States Government,
or between components of the Department of
Defense, that are required to implement
objectives for the Defense Clandestine Service.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) Future-years defense program.--The term
``future-years defense program'' means the future-years
defense program under section 221 of title 10, United
States Code.
Subtitle D--Cyberspace-Related Matters
SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFORMATION ENVIRONMENT.
(a) Implementation Strategy.--Not later than March 31,
2013, the Secretary of Defense shall submit to the
congressional defense committees a strategy for implementing
the Joint Information Environment. Such strategy shall
include--
(1) a description for the vision for the Joint
Information Environment, including a roadmap for
achieving such vision from the existing baseline
architecture;
(2) an assessment of the key milestones, metrics,
and resources needed to achieve such vision, including
the anticipated implementation cost and lifecycle cost
savings of the Joint Information Environment;
(3) a description of the acquisition strategy and
management plan for implementing the Joint Information
Environment;
(4) an analysis of the key technical and policy
challenges that must be addressed to achieve such
vision, including assignment of responsibility for
addressing such challenges;
(5) an identification of dependencies with existing
initiatives or programs and capability gaps not
currently addressed by funded initiatives or programs;
and
(6) an assessment of the personnel challenges
associated with manning, training, operating,
defending, and fighting in the Joint Information
Environment as a command and control and weapon system.
(b) Personnel Plan.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees a
Department-wide personnel plan for making the Joint Information
Environment operational. Such personnel plan shall be based on
the strategy required under subsection (a) and shall include a
validated Joint Staff requirement for manpower levels and the
levels required for each of the military departments and combat
support agencies needed for full spectrum cyber operations,
including the national cyber defense mission and the
operational plans of the combatant commands, for each fiscal
year across the current future-years defense program.
SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM FOR THE
DEPARTMENT OF DEFENSE.
(a) Strategy for Acquisition of System Required.--The Chief
Information Officer of the Department of Defense shall, in
consultation with the Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Commander of the
United States Cyber Command, develop a strategy to acquire
next-generation host-based cyber security tools and
capabilities (in this section referred to as a ``next-
generation system'') for the Department of Defense.
(b) Elements of System.--It is the sense of Congress that
any next-generation system acquired under the strategy required
by subsection (a) should meet the following requirements:
(1) To overcome problems and limitations in current
capabilities, the system should not rely on techniques
that--
(A) cannot address new or rapidly morphing
threats;
(B) consume substantial amounts of
communications capacity to remain current with
known threats and to report current status; or
(C) consume substantial amounts of
resources to store rapidly growing threat
libraries.
(2) The system should provide an open architecture-
based framework for so-called ``plug-and-play''
integration of a variety of types of deployable tools,
including appropriate commercially available
applications, in addition to cyber intrusion detection
tools, including tools for--
(A) insider threat detection;
(B) continuous monitoring and configuration
management;
(C) remediation following infections; and
(D) protection techniques that do not rely
on detection of the attack.
(3) The system should be designed for ease of
deployment to potentially millions of host devices of
tailored security solutions depending on need and risk,
and to be compatible with cloud-based, thin-client, and
virtualized environments as well as battlefield devices
and weapons systems.
(c) Submittal to Congress.--The Chief Information Officer
shall submit to Congress a report setting forth the strategy
required by subsection (a) together with the budget
justification materials of the Department of Defense submitted
to Congress with the budget of the President for fiscal year
2015 pursuant to section 1105(a) of title 31, United States
Code.
SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER SOFTWARE PROCURED BY
THE DEPARTMENT OF DEFENSE.
(a) Baseline Software Assurance Policy.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics, in coordination with the Chief Information Officer
of the Department of Defense, shall develop and implement a
baseline software assurance policy for the entire lifecycle of
covered systems. Such policy shall be included as part of the
strategy for trusted defense systems of the Department of
Defense.
(b) Policy Elements.--The baseline software assurance
policy under subsection (a) shall--
(1) require use of appropriate automated
vulnerability analysis tools in computer software code
during the entire lifecycle of a covered system,
including during development, operational testing,
operations and sustainment phases, and retirement;
(2) require covered systems to identify and
prioritize security vulnerabilities and, based on risk,
determine appropriate remediation strategies for such
security vulnerabilities;
(3) ensure such remediation strategies are
translated into contract requirements and evaluated
during source selection;
(4) promote best practices and standards to achieve
software security, assurance, and quality; and
(5) support competition and allow flexibility and
compatibility with current or emerging software
methodologies.
(c) Verification of Effective Implementation.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics, in coordination with the Chief Information Officer
of the Department of Defense, shall--
(1) collect data on implementation of the policy
developed under subsection (a) and measure the
effectiveness of such policy, including the particular
elements required under subsection (b); and
(2) identify and promote best practices, tools, and
standards for developing and validating assured
software for the Department of Defense.
(d) Briefing on Additional Means of Improving Software
Assurance.--Not later than one year after the date of the
enactment of this Act, the Under Secretary for Acquisition,
Technology, and Logistics shall, in coordination with the Chief
Information Officer of the Department of Defense, provide to
the congressional defense committees a briefing on the
following:
(1) A research and development strategy to advance
capabilities in software assurance and vulnerability
detection.
(2) The state-of-the-art of software assurance
analysis and test.
(3) How the Department might hold contractors
liable for software defects or vulnerabilities.
(e) Definitions.--In this section:
(1) Covered system.--The term ``covered system''
means any Department of Defense critical information,
business, or weapons system that is--
(A) a major system, as that term is defined
in section 2302(5) of title 10, United States
Code;
(B) a national security system, as that
term is defined in section 3542(b)(2) of title
44, United States Code; or
(C) a Department of Defense information
system categorized as Mission Assurance
Category I in Department of Defense Directive
8500.01E that is funded by the Department of
Defense.
(2) Software assurance.--The term ``software
assurance'' means the level of confidence that software
functions as intended and is free of vulnerabilities,
either intentionally or unintentionally designed or
inserted as part of the software, throughout the life
cycle.
SEC. 934. COMPETITION IN CONNECTION WITH DEPARTMENT OF DEFENSE TACTICAL
DATA LINK SYSTEMS.
(a) Competition in Connection With Tactical Data Link
Systems.--Not later than December 1, 2013, the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall--
(1) develop an inventory of all tactical data link
systems in use and in development in the Department of
Defense, including interfaces and waveforms;
(2) conduct an analysis of each data link system
contained in the inventory under paragraph (1) to
determine whether--
(A) the upgrade, new deployment, or
replacement of such system should be open to
competition; or
(B) the data link should be converted to an
open architecture, or a different data link
standard should be adopted to enable such
competition;
(3) for each data link system for which competition
is determined advisable under subparagraph (A) or (B)
of paragraph (2), develop a plan to achieve such
competition, including a plan to address any policy,
legal, programmatic, or technical barriers to such
competition; and
(4) for each data link system for which competition
is determined not advisable under paragraph (2),
prepare an explanation for such determination.
(b) Earlier Actions.--If the Under Secretary completes any
portion of the plan described in subsection (a)(3) before
December 1, 2013, the Secretary may commence action on such
portion of the plan upon completion of such portion, including
publication of such portion of the plan.
(c) Report.--At the same time the budget of the President
for fiscal year 2015 is submitted to Congress pursuant to
section 1105(a) of title 31, United States Code, the Under
Secretary shall submit to the congressional defense committees
a report on the plans described in paragraph (3) of subsection
(a), including any explanation prepared under paragraph (4) of
such subsection.
SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW DATA.
(a) Development of Technologies.--The Chief Information
Officer of the Department of Defense may, in coordination with
the Under Secretary of Defense for Policy and the Under
Secretary of Defense for Intelligence and acting through the
Director of the Defense Information Systems Agency, use the
available funding and research activities and capabilities of
the Community Data Center of the Defense Information Systems
Agency to develop and demonstrate collection, processing, and
storage technologies for network flow data that--
(1) are potentially scalable to the volume used by
Tier 1 Internet Service Providers to collect and
analyze the flow data across their networks;
(2) will substantially reduce the cost and
complexity of capturing and analyzing high volumes of
flow data; and
(3) support the capability--
(A) to detect and identify cyber security
threats, networks of compromised computers, and
command and control sites used for managing
illicit cyber operations and receiving
information from compromised computers;
(B) to track illicit cyber operations for
attribution of the source; and
(C) to provide early warning and attack
assessment of offensive cyber operations.
(b) Coordination.--Any research and development required in
the development of the technologies described in subsection (a)
shall be conducted in cooperation with the heads of other
appropriate departments and agencies of the Federal Government
and, whenever feasible, Tier 1 Internet Service Providers and
other managed security service providers.
SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE DATABASE AND DATA
ANALYSIS TOOLS.
(a) Analysis.--
(1) Requirement.--The Secretary of Defense, acting
through the Chief Information Officer of the Department
of Defense, shall conduct an analysis of large-scale
software database tools and large-scale software data
analysis tools that could be used to meet current and
future Department of Defense needs for large-scale data
analytics.
(2) Elements.--The analysis required under
paragraph (1) shall include--
(A) an analysis of the technical
requirements and needs for large-scale software
database and data analysis tools, including
prioritization of key technical features needed
by the Department of Defense; and
(B) an assessment of the available sources
from Government and commercial sources to meet
such needs, including an assessment by the
Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy to
ensure sufficiency and diversity of potential
commercial sources.
(3) Submission.--Not later than 180 days after the
date of the enactment of this Act, the Chief
Information Officer shall submit to the congressional
defense committees the results of the analysis required
under paragraph (1).
(b) Competition Required.--
(1) In general.--If, following the analysis
required under subsection (a), the Chief Information
Officer of the Department of Defense identifies needs
for software systems or large-scale software database
or data analysis tools, the Department shall acquire
such systems or such tools based on market research and
using competitive procedures in accordance with
applicable law and the Defense Federal Acquisition
Regulation Supplement.
(2) Notification.--If the Chief Information Officer
elects to acquire large-scale software database or data
analysis tools using procedures other than competitive
procedures, the Chief Information Officer and the Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall submit a written notification to the
congressional defense committees on a quarterly basis
until September 30, 2018, that describes the
acquisition involved, the date the decision was made,
and the rationale for not using competitive procedures.
SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE.
(a) Plan for Inventory of Licenses.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Chief
Information Officer of the Department of the Defense
shall, in consultation with the chief information
officers of the military departments and the Defense
Agencies, issue a plan for the inventory of selected
software licenses of the Department of Defense,
including a comparison of licenses purchased with
licenses installed.
(2) Selected software licenses.--The Chief
Information Officer shall determine the software
licenses to be treated as selected software licenses of
the Department for purposes of this section. The
licenses shall be determined so as to maximize the
return on investment in the inventory conducted
pursuant to the plan required by paragraph (1).
(3) Plan elements.--The plan under paragraph (1)
shall include the following:
(A) An identification and explanation of
the software licenses determined by the Chief
Information Officer under paragraph (2) to be
selected software licenses for purposes of this
section, and a summary outline of the software
licenses determined not to be selected software
licenses for such purposes.
(B) Means to assess the needs of the
Department and the components of the Department
for selected software licenses during the two
fiscal years following the date of the issuance
of the plan.
(C) Means by which the Department can
achieve the greatest possible economies of
scale and cost savings in the procurement, use,
and optimization of selected software licenses.
(b) Performance Plan.--If the Chief Information Officer
determines through the inventory conducted pursuant to the plan
required by subsection (a) that the number of selected software
licenses of the Department and the components of the Department
exceeds the needs of the Department for such software licenses,
the Secretary of Defense shall implement a plan to bring the
number of such software licenses into balance with the needs of
the Department.
SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO DEPARTMENT
OF DEFENSE NETWORKS.
It is the sense of Congress that the Department of
Defense--
(1) must ensure it maintains full visibility and
adequate control of its supply chain, including
subcontractors, in order to mitigate supply chain
exploitation; and
(2) needs the authority and capability to mitigate
supply chain risks to its information technology
systems that fall outside the scope of National
Security Systems.
SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS.
(a) Briefings.--Chapter 23 of title 10, United States Code,
is amended by inserting after section 483 the following new
section:
``Sec. 484. Quarterly cyber operations briefings
``The Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and the
Senate quarterly briefings on all offensive and significant
defensive military operations in cyberspace carried out by the
Department of Defense during the immediately preceding
quarter.''.
(b) Initial Briefing.--The first briefing required under
section 484 of title 10, United States Code, as added by
subsection (a), shall be provided not later than March 1, 2013.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 10, United States Code, is
amended by inserting after the item relating to section 483 the
following new item:
``484. Quarterly cyber operations briefings.''.
SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND.
It is the sense of Congress that--
(1) there is a serious cyber threat to the national
security of the United States and the need to work both
offensively and defensively to protect the networks and
critical infrastructure of the United States;
(2) it is important to have a unified command
structure in the Department of Defense to direct
military operations in cyberspace;
(3) a change in the status of the United States
Cyber Command has implications for the entire
Department and the national security of the United
States, which require careful consideration;
(4) Congress expects to be briefed and consulted
about any proposal to elevate the United States Cyber
Command to a unified command at the time when the
Secretary of Defense makes such a proposal and to
receive--
(A) a clear statement of mission of the
United States Cyber Command and related legal
definitions;
(B) an outline of the specific national
security benefits of elevating the sub-unified
United States Cyber Command to a unified
command;
(C) an estimate of the cost of creating a
unified United States Cyber Command and a
justification of the expenditure; and
(D) if the Secretary considers it advisable
to continue the designation of the Commander of
the United States Cyber Command as also being
the Director of the National Security Agency--
(i) an explanation of how a single
individual could serve as a commander
of a combatant command that conducts
overt, though clandestine, cyber
operations under title 10, United
States Code, and serve as the head of
an element of the intelligence
community that conducts covert cyber
operations under the National Security
Act of 1947 (50 U.S.C. 401 et seq.) in
a manner that affords deniability to
the United States; and
(ii) a statement of whether the
Secretary believes it is appropriate
either to appoint a line officer as the
Director of the National Security
Agency or to take the unprecedented
step of appointing an intelligence
officer as a unified commander; and
(5) appropriate policy foundations and standing
rules of engagement must be in place before any
decision to create a unified United States Cyber
Command.
SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS OF NETWORKS
AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS.
(a) Procedures for Reporting Penetrations.--The Secretary
of Defense shall establish procedures that require each cleared
defense contractor to report to a component of the Department
of Defense designated by the Secretary for purposes of such
procedures when a network or information system of such
contractor that meets the criteria established pursuant to
subsection (b) is successfully penetrated.
(b) Networks and Information Systems Subject to
Reporting.--
(1) Criteria.--The Secretary of Defense shall
designate a senior official to, in consultation with
the officials specified in paragraph (2), establish
criteria for covered networks to be subject to the
procedures for reporting system penetrations under
subsection (a).
(2) Officials.--The officials specified in this
subsection are the following:
(A) The Under Secretary of Defense for
Policy.
(B) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(C) The Under Secretary of Defense for
Intelligence.
(D) The Chief Information Officer of the
Department of Defense.
(E) The Commander of the United States
Cyber Command.
(c) Procedure Requirements.--
(1) Rapid reporting.--The procedures established
pursuant to subsection (a) shall require each cleared
defense contractor to rapidly report to a component of
the Department of Defense designated pursuant to
subsection (a) of each successful penetration of the
network or information systems of such contractor that
meet the criteria established pursuant to subsection
(b). Each such report shall include the following:
(A) A description of the technique or
method used in such penetration.
(B) A sample of the malicious software, if
discovered and isolated by the contractor,
involved in such penetration.
(C) A summary of information created by or
for the Department in connection with any
Department program that has been potentially
compromised due to such penetration.
(2) Access to equipment and information by
department of defense personnel.--The procedures
established pursuant to subsection (a) shall--
(A) include mechanisms for Department of
Defense personnel to, upon request, obtain
access to equipment or information of a cleared
defense contractor necessary to conduct
forensic analysis in addition to any analysis
conducted by such contractor;
(B) provide that a cleared defense
contractor is only required to provide access
to equipment or information as described in
subparagraph (A) to determine whether
information created by or for the Department in
connection with any Department program was
successfully exfiltrated from a network or
information system of such contractor and, if
so, what information was exfiltrated; and
(C) provide for the reasonable protection
of trade secrets, commercial or financial
information, and information that can be used
to identify a specific person.
(3) Limitation on dissemination of certain
information.--The procedures established pursuant to
subsection (a) shall prohibit the dissemination outside
the Department of Defense of information obtained or
derived through such procedures that is not created by
or for the Department except with the approval of the
contractor providing such information.
(d) Issuance of Procedures and Establishment of Criteria.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act--
(A) the Secretary of Defense shall
establish the procedures required under
subsection (a); and
(B) the senior official designated under
subsection (b)(1) shall establish the criteria
required under such subsection.
(2) Applicability date.--The requirements of this
section shall apply on the date on which the Secretary
of Defense establishes the procedures required under
this section.
(e) Definitions.--In this section:
(1) Cleared defense contractor.--The term ``cleared
defense contractor'' means a private entity granted
clearance by the Department of Defense to access,
receive, or store classified information for the
purpose of bidding for a contract or conducting
activities in support of any program of the Department
of Defense.
(2) Covered network.--The term ``covered network''
means a network or information system of a cleared
defense contractor that contains or processes
information created by or for the Department of Defense
with respect to which such contractor is required to
apply enhanced protection.
Subtitle E--Other Matters
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF JOINT CHIEFS
OF STAFF AND JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) Amendments Related to Chairman of Joint Chiefs of
Staff.--Section 153(a)(4) of title 10, United States Code, is
amended by striking subparagraph (F) and inserting the
following new subparagraphs:
``(F) Identifying, assessing, and approving
military requirements (including existing systems and
equipment) to meet the National Military Strategy.
``(G) Recommending to the Secretary appropriate
trade-offs among life-cycle cost, schedule, and
performance objectives, and procurement quantity
objectives, to ensure that such trade-offs are made in
the acquisition of materiel and equipment to support
the strategic and contingency plans required by this
subsection in the most effective and efficient
manner.''.
(b) Amendments Related to JROC.--Section 181(b) of such
title is amended--
(1) in paragraph (1)(C), by striking ``in
ensuring'' and all that follows through
``requirements'' and inserting the following: ``in
ensuring that appropriate trade-offs are made among
life-cycle cost, schedule, and performance objectives,
and procurement quantity objectives, in the
establishment and approval of military requirements'';
and
(2) in paragraph (3), by striking ``such resource
level'' and inserting ``the total cost of such
resources''.
(c) Amendments Related to Chiefs of Armed Forces.--Section
2547(a) of such title is amended--
(1) in paragraph (1), by striking ``of requirements
relating to the defense acquisition system'' and
inserting ``of requirements for equipping the armed
force concerned'';
(2) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (2) the following
new paragraphs:
``(3) The recommendation of trade-offs among life-
cycle cost, schedule, and performance objectives, and
procurement quantity objectives, to ensure acquisition
programs deliver best value in meeting the approved
military requirements.
``(4) Termination of development or procurement
programs for which life-cycle cost, schedule, and
performance expectations are no longer consistent with
approved military requirements and levels of priority,
or which no longer have approved military
requirements.''.
SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN OF THE JOINT
CHIEFS OF STAFF REGARDING THE NATIONAL MILITARY
STRATEGY.
(a) In General.--Subsection (b) of section 153 of title 10,
United States Code, is amended to read as follows:
``(b) National Military Strategy.--
``(1) National military strategy.--(A) The Chairman
shall determine each even-numbered year whether to
prepare a new National Military Strategy in accordance
with this subparagraph or to update a strategy
previously prepared in accordance with this subsection.
The Chairman shall complete preparation of the National
Military Strategy or update in time for transmittal to
Congress pursuant to paragraph (3), including in time
for inclusion of the report of the Secretary of
Defense, if any, under paragraph (4).
``(B) Each National Military Strategy (or update)
under this paragraph shall be based on a comprehensive
review conducted by the Chairman in conjunction with
the other members of the Joint Chiefs of Staff and the
commanders of the unified and specified combatant
commands.
``(C) Each National Military Strategy (or update)
submitted under this paragraph shall describe how the
military will achieve the objectives of the United
States as articulated in--
``(i) the most recent National Security
Strategy prescribed by the President pursuant
to section 108 of the National Security Act of
1947 (50 U.S.C. 404a);
``(ii) the most recent annual report of the
Secretary of Defense submitted to the President
and Congress pursuant to section 113 of this
title;
``(iii) the most recent Quadrennial Defense
Review conducted by the Secretary of Defense
pursuant to section 118 of this title; and
``(iv) any other national security or
defense strategic guidance issued by the
President or the Secretary of Defense.
``(D) Each National Military Strategy (or update)
submitted under this paragraph shall identify--
``(i) the United States military objectives
and the relationship of those objectives to the
strategic environment and to the threats
required to be described under subparagraph
(E);
``(ii) the operational concepts, missions,
tasks, or activities necessary to support the
achievement of the objectives identified under
clause (i);
``(iii) the fiscal, budgetary, and resource
environments and conditions that, in the
assessment of the Chairman, affect the
strategy; and
``(iv) the assumptions made with respect to
each of clauses (i) through (iii).
``(E) Each National Military Strategy (or update)
submitted under this paragraph shall also include a
description of--
``(i) the strategic environment and the
opportunities and challenges that affect United
States national interests and United States
national security;
``(ii) the threats, such as international,
regional, transnational, hybrid, terrorism,
cyber attack, weapons of mass destruction,
asymmetric challenges, and any other categories
of threats identified by the Chairman, to the
United States national security;
``(iii) the implications of current force
planning and sizing constructs for the
strategy;
``(iv) the capacity, capabilities, and
availability of United States forces (including
both the active and reserve components) to
support the execution of missions required by
the strategy;
``(v) areas in which the armed forces
intends to engage and synchronize with other
departments and agencies of the United States
Government contributing to the execution of
missions required by the strategy;
``(vi) areas in which the armed forces
could be augmented by contributions from
alliances (such as the North Atlantic Treaty
Organization), international allies, or other
friendly nations in the execution of missions
required by the strategy;
``(vii) the requirements for operational
contractor support to the armed forces for
conducting security force assistance training,
peacekeeping, overseas contingency operations,
and other major combat operations under the
strategy; and
``(viii) the assumptions made with respect
to each of clauses (i) through (vii).
``(F) Each update to a National Military Strategy
under this paragraph shall address only those parts of
the most recent National Military Strategy for which
the Chairman determines, on the basis of a
comprehensive review conducted in conjunction with the
other members of the Joint Chiefs of Staff and the
commanders of the combatant commands, that a
modification is needed.
``(2) Risk assessment.--(A) The Chairman shall
prepare each year an assessment of the risks associated
with the most current National Military Strategy (or
update) under paragraph (1). The risk assessment shall
be known as the `Risk Assessment of the Chairman of the
Joint Chiefs of Staff'. The Chairman shall complete
preparation of the Risk Assessment in time for
transmittal to Congress pursuant to paragraph (3),
including in time for inclusion of the report of the
Secretary of Defense, if any, under paragraph (4).
``(B) The Risk Assessment shall do the following:
``(i) As the Chairman considers
appropriate, update any changes to the
strategic environment, threats, objectives,
force planning and sizing constructs,
assessments, and assumptions that informed the
National Military Strategy required by this
section.
``(ii) Identify and define the strategic
risks to United States interests and the
military risks in executing the missions of the
National Military Strategy.
``(iii) Identify and define levels of risk
distinguishing between the concepts of
probability and consequences, including an
identification of what constitutes
`significant' risk in the judgment of the
Chairman.
``(iv)(I) Identify and assess risk in the
National Military Strategy by category and
level and the ways in which risk might manifest
itself, including how risk is projected to
increase, decrease, or remain stable over time;
and
``(II) for each category of risk, assess
the extent to which current or future risk
increases, decreases, or is stable as a result
of budgetary priorities, tradeoffs, or fiscal
constraints or limitations as currently
estimated and applied in the most current
future-years defense program under section 221
of this title.
``(v) Identify and assess risk associated
with the assumptions or plans of the National
Military Strategy about the contributions or
support of--
``(I) other departments and
agencies of the United States
Government (including their
capabilities and availability);
``(II) alliances, allies, and other
friendly nations (including their
capabilities, availability, and
interoperability); and
``(III) contractors.
``(vi) Identify and assess the critical
deficiencies and strengths in force
capabilities (including manpower, logistics,
intelligence, and mobility support) identified
during the preparation and review of the
contingency plans of each unified combatant
command, and identify and assess the effect of
such deficiencies and strengths for the
National Military Strategy.
``(3) Submittal of national military strategy and
risk assessment to congress.--(A) Not later than
February 15 of each even-numbered year, the Chairman
shall, through the Secretary of Defense, submit to the
Committees on Armed Services of the Senate and the
House of Representatives the National Military Strategy
or update, if any, prepared under paragraph (1) in such
year.
``(B) Not later than February 15 each year, the
Chairman shall, through the Secretary of Defense,
submit to the Committees on Armed Services of the
Senate and the House of Representatives the Risk
Assessment prepared under paragraph (2) in such year.
``(4) Secretary of defense reports to congress.--
(A) In transmitting a National Military Strategy (or
update) or Risk Assessment to Congress pursuant to
paragraph (3), the Secretary of Defense shall include
in the transmittal such comments of the Secretary
thereon, if any, as the Secretary considers
appropriate.
``(B) If the Risk Assessment transmitted under
paragraph (3) in a year includes an assessment that a
risk or risks associated with the National Military
Strategy (or update) are significant, or that critical
deficiencies in force capabilities exist for a
contingency plan described in paragraph (2)(B)(vi), the
Secretary shall include in the transmittal of the Risk
Assessment the plan of the Secretary for mitigating
such risk or deficiency. A plan for mitigating risk of
deficiency under this subparagraph shall--
``(i) address the risk assumed in the
National Military Strategy (or update)
concerned, and the additional actions taken or
planned to be taken to address such risk using
only current technology and force structure
capabilities; and
``(ii) specify, for each risk addressed,
the extent of, and a schedule for expected
mitigation of, such risk, and an assessment of
the potential for residual risk, if any, after
mitigation.''.
(b) Conforming Amendment.--Such section is further amended
by striking subsection (d).
SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE REIMBURSEMENT OF
COSTS OF ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL
AT DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR
SECURITY STUDIES.
Paragraph (1) of section 941(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 184 note) is amended by striking
``through 2012'' and inserting ``through 2013''.
SEC. 954. NATIONAL LANGUAGE SERVICE CORPS.
(a) Charter for National Language Service Corps.--The David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1901 et seq.) is amended by adding at the end the following new
section:
``SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.
``(a) Establishment.--(1) The Secretary of Defense may
establish and maintain within the Department of Defense a
National Language Service Corps (in this section referred to as
the `Corps').
``(2) The purpose of the Corps is to provide a pool of
nongovernmental personnel with foreign language skills who, as
provided in regulations prescribed under this section, agree to
provide foreign language services to the Department of Defense
or another department or agency of the United States.
``(b) National Security Education Board.--If the Secretary
establishes the Corps, the Secretary shall provide for the
National Security Education Board to oversee and coordinate the
activities of the Corps to such extent and in such manner as
determined by the Secretary under paragraph (9) of section
803(d).
``(c) Membership.--To be eligible for membership in the
Corps, a person must be a citizen of the United States
authorized by law to be employed in the United States, have
attained the age of 18 years, and possess such foreign language
skills as the Secretary considers appropriate for membership in
the Corps.
``(d) Training.--The Secretary may provide members of the
Corps such training as the Secretary prescribes for purposes of
this section.
``(e) Service.--Upon a determination that it is in the
national interests of the United States, the Secretary shall
call upon members of the Corps to provide foreign language
services to the Department of Defense or another department or
agency of the United States. If a member of the Corps is, as of
the time of such determination, employed by or performing under
a contract for an element of another Federal agency, the
Secretary shall first obtain the concurrence of the head of
that agency.
``(f) Funding.--The Secretary may impose fees, in amounts
up to full-cost recovery, for language services and technical
assistance rendered by members of the Corps. Amounts of fees
received under this section shall be credited to the account of
the Department providing funds for any costs incurred by the
Department in connection with the Corps. Amounts so credited to
such account shall be merged with amounts in such account, and
shall be available to the same extent, and subject to the same
conditions and limitations, as amounts in such account. Any
amounts so credited shall remain available until expended.''.
(b) National Security Education Board Matters.--
(1) Composition.--Subsection (b) of section 803 of
such Act (50 U.S.C. 1903) is amended--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (6) and (7)
as paragraphs (8) and (9), respectively; and
(C) by inserting after paragraph (4) the
following new paragraphs:
``(5) The Secretary of Homeland Security.
``(6) The Secretary of Energy.
``(7) The Director of National Intelligence.''.
(2) Functions.--Subsection (d) of such section is
amended by adding at the end the following new
paragraph:
``(9) To the extent provided by the Secretary of
Defense, oversee and coordinate the activities of the
National Language Service Corps under section 813,
including--
``(A) assessing on a periodic basis whether
the Corps is addressing the needs identified by
the heads of departments and agencies of the
Federal Government for personnel with skills in
various foreign languages;
``(B) recommending plans for the Corps to
address foreign language shortfalls and
requirements of the departments and agencies of
the Federal Government;
``(C) recommending effective ways to
increase public awareness of the need for
foreign languages skills and career paths in
the Federal Government that use those skills;
and
``(D) overseeing the Corps efforts to work
with Executive agencies and State and Local
governments to respond to interagency plans and
agreements to address overall foreign language
shortfalls and to utilize personnel to address
the various types of crises that warrant
foreign language skills.''.SEC. 955. SAVINGS TO
BE ACHIEVED IN CIVILIAN PERSONNEL WORKFORCE AND
SERVICE CONTRACTOR WORKFORCE OF THE DEPARTMENT
OF DEFENSE.
(a) Required Plan.--
(1) In general.--The Secretary of Defense shall
ensure that the civilian personnel workforce and
service contractor workforce of the Department of
Defense are appropriately sized to support and execute
the National Military Strategy, taking into account
military personnel and force structure levels. Not
later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall develop and
begin to execute an efficiencies plan for the civilian
personnel workforce and service contractor workforce of
the Department of Defense.
(2) Consistency with other policies and
procedures.--The Secretary shall ensure the plan
required under this subsection is consistent with the
policies and procedures required under section 129a of
title 10, United States Code, as implemented under the
policies issued by the Under Secretary of Defense for
Personnel and Readiness for determining the most
appropriate and cost-efficient mix of military,
civilian, and service contractor personnel to perform
the missions of the Department of Defense.
(b) Savings.--The plan required under subsection (a) shall
achieve savings in the total funding for each workforce covered
by such plan over the period from fiscal year 2012 through
fiscal year 2017 that are not less, as a percentage of such
funding, than the savings in funding for basic military
personnel pay achieved from reductions in military end
strengths over the same period of time.
(c) Exclusions.--In developing and implementing the plan
required by subsection (a) and achieving the savings
percentages required by subsection (b), the Secretary of
Defense may exclude expenses related to the performance of
functions identified as core or critical to the mission of the
Department, consistent with the workload analysis and risk
assessments required by sections 129 and 129a of title 10,
United States Code. In making a determination of core or
critical functions, the Secretary shall consider at least the
following:
(1) Civilian personnel expenses for personnel as
follows:
(A) Personnel in Mission Critical
Occupations, as defined by the Civilian Human
Capital Strategic Plan of the Department of
Defense and the Acquisition Workforce Plan of
the Department of Defense.
(B) Personnel employed at facilities
providing core logistics capabilities pursuant
to section 2464 of title 10, United States
Code.
(C) Personnel in the Offices of the
Inspectors General of the Department of
Defense.
(2) Service contractor expenses for personnel as
follows:
(A) Personnel performing maintenance and
repair of military equipment.
(B) Personnel providing medical services.
(C) Personnel performing financial audit
services.
(3) Personnel expenses for personnel in the
civilian personnel workforce or service contractor
workforce performing such other critical functions as
may be identified by the Secretary as requiring
exemption in the interest of the national defense.
(d) Reports.--
(1) Initial report.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report including a comprehensive
description of the plan required by subsection (a).
(2) Status reports.--As part of the budget
submitted by the President to Congress for each of
fiscal years 2015 through 2018, the Secretary shall
include a report describing the implementation of the
plan during the prior fiscal year and any modifications
to the plan required due to changing circumstances.
Each such report shall include a summary of the savings
achieved in such prior fiscal year through reductions
in the military, civilian, and service contractor
personnel workforces, and the number of military,
civilian, and service contractor personnel reduced. In
any case in which savings fall short of the annual
target, the report shall include an explanation of the
reasons for such shortfall.
(3) Exclusions.--Each report under paragraphs (1)
and (2) shall specifically identify any exclusion
granted by the Secretary under subsection (c) in the
period of time covered by the report.
(e) Limitation on Transfers of Functions.--The Secretary
shall ensure that the savings required by this section are not
achieved through unjustified transfers of functions between or
among the military, civilian, and service contractor personnel
workforces of the Department of Defense. Nothing in this
section shall be construed to preclude the Secretary from
exercising authority available to the Department under sections
129a, 2330a, 2461, and 2463 of title 10, United States Code.
(f) Sense of Congress.--It is the sense of Congress that an
amount equal to 30 percent of the amount of the reductions in
appropriated funds attributable to reduced budgets for the
civilian and service contractor workforces of the Department by
reason of the plan required by subsection (a) should be made
available for costs of assisting military personnel separated
from the Armed Forces in the transition from military service.
(g) Service Contractor Workforce Defined.--In this section,
the term ``service contractor workforce'' means contractor
employees performing contract services, as defined in section
2330(c)(2) of title 10, United States Code, other than contract
services that are funded out of amounts available for overseas
contingency operations.
(h) Comptroller General Review and Report.--For each fiscal
year from fiscal year 2015 through fiscal year 2018, the
Comptroller General of the United States shall review the
status reports submitted by the Secretary as required by
subsection (d)(2) to determine whether the savings required by
subsection (b) are being achieved in the civilian personnel
workforce and the service contractor workforce and whether the
plan required under subsection (a) is being implemented
consistent with sourcing and workforce management laws,
including sections 129, 129a, 2330a, 2461, and 2463 of title
10, United States Code. The Comptroller General shall submit a
report on the findings of each review to the congressional
defense committees not later than 120 days after the end of
each fiscal year covered by this subsection.
SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL HIRING
FOLLOWING COMPLETION OF NATIONAL SECURITY EDUCATION
PROGRAM SCHOLARSHIP.
Section 802(k) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read as
follows:
``(k) Employment of Program Participants.--
``(1) Appointment authority.--The Secretary of
Defense, the Secretary of Homeland Security, the
Secretary of State, or the head of a Federal agency or
office identified by the Secretary of Defense under
subsection (g) as having national security
responsibilities--
``(A) may, without regard to any provision
of title 5, United States Code, governing
appointments in the competitive service,
appoint an eligible program participant--
``(i) to a position in the excepted
service that is certified by the
Secretary of Defense under clause (i)
of subsection (b)(2)(A) as contributing
to the national security of the United
States; or
``(ii) subject to clause (ii) of
such subsection, to a position in the
excepted service in such Federal agency
or office identified by the Secretary;
and
``(B) may, upon satisfactory completion of
two years of substantially continuous service
by an incumbent who was appointed to an
excepted service position under the authority
of subparagraph (A), convert the appointment of
such individual, without competition, to a
career or career-conditional appointment.
``(2) Treatment of certain service.--In the case of
an eligible program participant described in clause
(ii) or (iii) of paragraph (3)(C) who receives an
appointment under paragraph (1)(A), the head of a
Department or Federal agency or office referred to in
paragraph (1) may count any period that the individual
served in a position with the Federal Government toward
satisfaction of the service requirement under paragraph
(1)(B) if that service--
``(A) in the case of an appointment under
clause (i) of paragraph (1)(A), was in a
position that is identified under clause (i) of
subsection (b)(2)(A) as contributing to the
national security of the United States; or
``(B) in the case of an appointment under
clause (ii) of paragraph (1)(A), was in the
Federal agency or office in which the
appointment under that clause is made.
``(3) Eligible program participant defined.--In
this subsection, the term `eligible program
participant' means an individual who--
``(A) has successfully completed an
academic program for which a scholarship or
fellowship under this section was awarded;
``(B) has not previously been appointed to
the excepted service position under paragraph
(1)(A); and
``(C) at the time of the appointment of the
individual to an excepted service position
under paragraph (1)(A)--
``(i) under the terms of the
agreement for such scholarship or
fellowship, owes a service commitment
to a Department or Federal agency or
office referred to in paragraph (1);
``(ii) is employed by the Federal
Government under a non-permanent
appointment to a position in the
excepted service that has national
security responsibilities; or
``(iii) is a former civilian
employee of the Federal Government who
has less than a one-year break in
service from the last period of Federal
employment of such individual in a non-
permanent appointment in the excepted
service with national security
responsibilities.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been transferred
to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program of
the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own, carry,
and otherwise use privately owned firearms, ammunition, and
other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and cruise
missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2013 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph
(3), the total amount of authorizations that the
Secretary may transfer under the authority of this
section may not exceed $4,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON UNFUNDED
PRIORITIES.
It is the sense of Congress that--
(1) not later than 45 days after the submittal to
Congress of the budget for a fiscal year under section
1105(a) of title 31, United States Code, each officer
specified in paragraph (2) should, through the Chairman
of the Joint Chiefs of Staff and the Secretary of
Defense, submit to the congressional defense committees
a list of any priority military programs or activities
under the jurisdiction of such officer for which, in
the estimate of such officer additional funds, if
available, would substantially reduce operational or
programmatic risk or accelerate the creation or
fielding of a critical military capability;
(2) the officers specified in this paragraph are--
(A) the Chief of Staff of the Army;
(B) the Chief of Naval Operations;
(C) the Chief of Staff of the Air Force;
(D) the Commandant of the Marine Corps; and
(E) the Commander of the United States
Special Operations Command; and
(3) each list, if any, under paragraph (1) should
set forth for each military program or activity on such
list--
(A) a description of such program or
activity;
(B) a summary description of the
justification for or objectives of additional
funds, if available for such program or
activity; and
(C) the additional amount of funds
recommended in connection with the
justification or objectives described for such
program or activity under subparagraph (B).
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO SUSTAIN NUCLEAR WEAPONS
MODERNIZATION.
(a) Transfer Authorized.--If the amount authorized to be
appropriated for the weapons activities of the National Nuclear
Security Administration for fiscal year 2013 in section 3101 is
less than $7,900,000,000 (the amount projected to be required
for such activities in fiscal year 2013 as specified in the
report under section 1251 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549)),
the Secretary of Defense may transfer, from amounts authorized
to be appropriated for the Department of Defense for fiscal
year 2013 pursuant to this Act, to the Secretary of Energy an
amount, not to exceed $150,000,000, to be available only for
weapons activities of the National Nuclear Security
Administration.
(b) Notice to Congress.--In the event of a transfer under
subsection (a), the Secretary of Defense shall promptly notify
Congress of the transfer, and shall include in such notice the
Department of Defense account or accounts from which funds are
transferred.
(c) Transfer Mechanism.--Any funds transferred under this
section shall be transferred in accordance with established
procedures for reprogramming under section 1001 or successor
provisions of law.
(d) Construction of Authority.--The transfer authority
provided under subsection (a) is in addition to any other
transfer authority provided under this Act.
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATEMENTS OF
BUDGETARY RESOURCES.
(a) Objective.--Section 1003(a)(2)(A)(ii) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended by
inserting ``, and the statement of budgetary resources of the
Department of Defense is validated as ready for audit by not
later than September 30, 2014'' after ``September 30, 2017''.
(b) Affordable and Sustainable Approach.--
(1) In general.--The Chief Management Officer of
the Department of Defense and the Chief Management
Officers of each of the military departments shall
ensure that plans to achieve an auditable statement of
budgetary resources of the Department of Defense by
September 30, 2014, include appropriate steps to
minimize one-time fixes and manual work-arounds, are
sustainable and affordable, and will not delay full
auditability of financial statements.
(2) Additional elements in fiar plan report.--Each
semi-annual report on the Financial Improvement and
Audit Readiness Plan of the Department of Defense
submitted by the Under Secretary of Defense
(Comptroller) under section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 note) during
the period beginning on the date of the enactment of
this Act and ending on September 30, 2014, shall
include the following:
(A) A description of the actions taken by
the military departments pursuant to paragraph
(1).
(B) A determination by the Chief Management
Officer of each military department whether or
not such military department is able to achieve
an auditable statement of budgetary resources
by September 30, 2014, without an unaffordable
or unsustainable level of one-time fixes and
manual work-arounds and without delaying the
full auditability of the financial statements
of such military department.
(C) If the Chief Management Officer of a
military department determines under
subparagraph (B) that the military department
is not able to achieve an auditable statement
of budgetary resources by September 30, 2014,
as described in that subparagraph--
(i) an explanation why the military
department is unable to meet the
deadline;
(ii) an alternative deadline by
which the military department will
achieve an auditable statement of
budgetary resources; and
(iii) a description of the plan of
the military department for meeting the
alternative deadline.
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPARTMENT OF
DEFENSE AT THE END OF FISCAL YEAR 2012.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress,
and publish on the Internet website of the Department of
Defense available to the public, the following:
(1) The total dollar amount of all balances carried
forward by the Department of Defense at the end of
fiscal year 2012 by account.
(2) The total dollar amount of all unobligated
balances carried forward by the Department of Defense
at the end of fiscal year 2012 by account.
(3) The total dollar amount of any balances (both
obligated and unobligated) that have been carried
forward by the Department of Defense for five years or
more as of the end of fiscal year 2012 by account.
SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING OF REPORTING
REQUIREMENTS, THRESHOLDS, AND STATUTORY AND
REGULATORY REQUIREMENTS RESULTING FROM UNQUALIFIED
AUDIT OPINION OF DEPARTMENT OF DEFENSE FINANCIAL
STATEMENTS.
Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees a report setting
forth, in the opinion of the Under Secretary, the following:
(1) A list of reports currently required by law to
be submitted by the Department of Defense to Congress
that would be no longer necessary if the financial
statements of the Department of Defense were audited
with an unqualified opinion.
(2) A list of each statutory and regulatory
requirement that would be no longer necessary if the
financial statements of the Department of defense were
audited with an unqualified opinion.
(3) A list of each statutory and regulatory
requirement that could be revised and streamlined if
the financial statement of the Department of Defense
were audited with an unqualified opinion.
Subtitle B--Counter-Drug Activities
SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND OPERATE NATIONAL
GUARD COUNTERDRUG SCHOOLS.
Section 901 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 120 Stat.
3536; 32 U.S.C. 112 note) is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and
redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(B) by adding at the end the following new
paragraph:
``(5) The Western Regional Counterdrug Training
Center, Camp Murray, Washington.'';
(2) by striking subsection (f) and inserting the
following new subsection (f):
``(f) Annual Report on Activities.--Not later than February
1 each year, the Secretary of Defense shall submit to Congress
a report on the activities of the National Guard counterdrug
schools during the preceding year. Each such report shall set
forth a description of the activities of each National Guard
counterdrug school for the fiscal year preceding the fiscal
year during which the report is submitted, including--
``(1) the amount of funding made available and the
appropriation account for each National Guard
counterdrug school during such fiscal year;
``(2) the cumulative amount of funding made
available for each National Guard counterdrug school
during five fiscal years preceding such fiscal year;
``(3) a description of the curriculum and training
used at each National Guard counterdrug school;
``(4) a description of how the activities conducted
at each National Guard counterdrug school fulfilled
Department of Defense counterdrug mission;
``(5) a list of the entities described in
subsection (b) whose personnel received training at
each National Guard counterdrug school; and
``(6) updates, if any, to the Department of Defense
regulations prescribed under subsection (a).''; and
(3) in subsection (g)--
(A) in paragraph (1), by striking ``There
is hereby authorized'' and all that follows
through ``such fiscal year'' and inserting the
following: ``Not more than $30,000,000 may be
expended by the Secretary of Defense for
purposes of the National Guard counterdrug
schools in any fiscal year''; and
(B) in paragraph (2), by striking ``amount
authorized to be appropriated by paragraph
(1)'' and inserting ``amount expended pursuant
to paragraph (1)''.
SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG INTERDICTION
AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE ACCOUNT.
(a) Biannual Reports on Expenditures of Funds.--Not later
than 60 days after the end of the first half of a fiscal year
and after the end of the second half of a fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth a description of the
expenditure of funds, by project code, from the Drug
Interdiction and Counter-Drug Activities, Defense-wide account
during such half of the fiscal year, including expenditures of
funds in direct or indirect support of the counter-drug
activities of foreign governments.
(b) Information on Support of Counter-drug Activities of
Foreign Governments.--The information in a report under
subsection (a) on direct or indirect support of the counter-
drug activities of foreign governments shall include, for each
foreign government so supported, the following:
(1) The total amount of assistance provided to, or
expended on behalf of, the foreign government.
(2) A description of the types of counter-drug
activities conducted using the assistance.
(3) An explanation of the legal authority under
which the assistance was provided.
(c) Definitions.--In this section:
(1) The term ``first half of a fiscal year'' means
the period beginning on October 1 of any year and
ending on March 31 of the following year.
(2) The term ``second half of a fiscal year'' means
the period beginning on April 1 of any year and ending
on September 30 of such year.
(d) Cessation of Requirement.--No report shall be required
under subsection (a) for any half of a fiscal year beginning on
or after October 1, 2017.
(e) Repeal of Obsolete Authority.--Section 1022 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398) is hereby
repealed.
SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2042), as most recently amended by section 1007 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1558), is amended--
(1) in subsection (a), by striking ``2012'' and
inserting ``2013''; and
(2) in subsection (c), by striking ``2012'' and
inserting ``2013''.
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594; 10
U.S.C. 371 note) is amended by striking ``2012'' and inserting
``2013''.
SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVISION OF
SUPPORT FOR COUNTER-DRUG ACTIVITIES TO CERTAIN
FOREIGN GOVERNMENTS.
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most
recently amended by section 1006 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1557), is further amended--
(1) in subsection (f)(1), by striking ``the written
certification described in subsection (g) for that
fiscal year.'' and inserting ``a written certification
described in subsection (g) applicable to that fiscal
year. The first such certification with respect to any
such government may apply only to a period of one
fiscal year. Subsequent certifications with respect to
any such government may apply to a period of not to
exceed two fiscal years.''; and
(2) in subsection (g), in the matter preceding
paragraph (1)--
(A) by striking ``The written'' and
inserting ``A written''; and
(B) by striking ``for a fiscal year'' and
all that follows through the colon and
inserting ``for a government to receive support
under this section for any period of time is a
certification of each of the following with
respect to that government:''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.
Section 1012(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 303), as
most recently amended by section 1015 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4586), is amended by striking
``Secretary of Defense'' and all that follows through the
period and inserting the following: ``Secretary of the Navy
notifies the congressional defense committees that, as a result
of a cost-benefit analysis, it would not be practical for the
Navy to design the class of ships with an integrated nuclear
power system.''.
SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED ANNUAL NAVAL
VESSEL CONSTRUCTION PLAN.
(a) In General.--Section 231 of title 10, United States
Code, is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Limitation on Availability of Funds for Fiscal Years
Without Plan and Certification.--(1) If the Secretary of
Defense does not include with the defense budget materials for
a fiscal year the plan and certification under subsection (a),
the Secretary of the Navy may not use more than 50 percent of
the funds described in paragraph (2) during the fiscal year in
which such materials are submitted until the date on which such
plan and certification are submitted to the congressional
defense committees.
``(2) The funds described in this paragraph are funds made
available to the Secretary of the Navy for operation and
maintenance, Navy, for emergencies and extraordinary
expenses.''.
(b) Conforming Amendment.--Section 12304b(i) of title 10,
United States Code, is amended by striking ``section
231(g)(2)'' and inserting ``section 231(f)(2)''.
SEC. 1015. RETIREMENT OF NAVAL VESSELS.
(a) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Chief of Naval Operations
shall submit to the congressional defense committees a report
that sets forth a comprehensive description of the current
requirements of the Navy for combatant vessels of the Navy,
including submarines.
(b) Additional Report Element if Less Than 313 Vessels
Required.--If the number of combatant vessels for the Navy
(including submarines) specified as being required in the
report under subsection (a) is less than 313 combatant vessels,
the report shall include a justification for the number of
vessels specified as being so required and the rationale by
which the number of vessels is considered consistent with
applicable strategic guidance issued by the President and the
Secretary of Defense in 2012.
SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP SQUADRON.
(a) Report Required.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Chief of Naval
Operations and the Commandant of the Marine Corps shall
jointly submit to the congressional defense committees
a report setting forth an assessment of the Marine
Corps Prepositioning Program-Norway and the capability
of that program to address any readiness gaps that will
be created by the termination of Maritime
Prepositioning Ship Squadron One in the Mediterranean.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A detailed description of the time
required to transfer stockpiles onto naval
vessels for use in contingency operations.
(B) A comparison of the response time of
the Marine Corps Prepositioning Program-Norway
with the response time of Maritime
Prepositioning Ship Squadron One.
(C) A description of the equipment stored
in the stockpiles of the Marine Corps
Prepositioning Program-Norway, the differences
(if any) between that equipment and the
equipment of a Maritime Prepositioning Ship
squadron, and any increased risk or operational
plan impacts associated with using
Prepositioning Program-Norway to fulfill the
Maritime Prepositioning Ship squadron
requirements.
(D) A description and assessment of the
current age and state of maintenance of the
equipment of the Marine Corps Maritime
Prepositioning Program-Norway.
(E) A plan to address future requirements,
equipment shortages, and modernization needs of
the Marine Corps Maritime Prepositioning
Program-Norway.
(b) Limitation on Availability of Funds.--Amounts
authorized to be appropriated by this Act may not be obligated
or expended to terminate a Maritime Prepositioning Ship
squadron until the date of the submittal to the congressional
defense committees of the report required by subsection (a).
SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY AND COAST
GUARD.
(a) Findings.--Congress makes the following findings:
(1) More than 70 percent of the world's surface is
comprised of navigable oceans.
(2) More than 80 percent of the population of the
world lives within 100 miles of an ocean.
(3) More than 90 percent of the world's commerce
traverses an ocean.
(4) The national security of the United States is
inextricably linked to the maintenance of global
freedom of access for both the strategic and commercial
interests of the United States.
(5) To maintain that freedom of access the sea
services of the United States, composed of the Navy,
the Marine Corps, and the Coast Guard, must be
sufficiently positioned as rotationally globally
deployable forces with the capability to decisively
defend United States citizens, homeland, and interests
abroad from direct or asymmetric attack and must be
comprised of sufficient vessels to maintain global
freedom of action.
(6) To achieve appropriate capabilities to ensure
national security, the Government of the United States
must continue to recapitalize the fleets of the Navy
and Coast Guard and must continue to conduct vital
maintenance and repair of existing vessels to ensure
such vessels meet service life goals.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the sea services of the United States should be
funded and maintained to provide the broad spectrum of
capabilities required to protect the national security
of the United States;
(2) such capabilities should include--
(A) the ability to project United States
power rapidly anywhere on the globe without the
need for host nation basing permission or long
and potentially vulnerable logistics supply
lines;
(B) the ability to land and recover
maritime forces from the sea for direct combat
action, to evacuate United States citizens from
hostile situations, and to provide humanitarian
assistance where needed;
(C) the ability to operate from the
subsurface with overpowering conventional
combat power, as well as strategic deterrence;
and
(D) the ability to operate in collaboration
with United States maritime partners in the
common interest of preventing piracy at sea and
maintaining the commercial sea lanes available
for global commerce;
(3) the Secretary of Defense, in coordination with
the Secretary of the Navy, should maintain the
recapitalization plans for the Navy as a priority in
all future force structure decisions; and
(4) the Secretary of Homeland Security should
maintain the recapitalization plans for the Coast Guard
as a priority in all future force structure decisions.
SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS TO NAME NAVAL
VESSELS.
(a) Findings.--Congress makes the following findings:
(1) The Navy traces its ancestry to October 13,
1775, when an Act of the Continental Congress
authorized the first vessel of a navy for the United
Colonies. Vessels of the Continental Navy were named
for early patriots and military heroes, Federal
institutions, colonial cities, and positive character
traits representative of naval and military virtues.
(2) An Act of Congress on March 3, 1819, made the
Secretary of the Navy responsible for assigning names
to vessels of the Navy. Traditional sources for vessel
names customarily encompassed such categories as
geographic locations in the United States; historic
sites, battles, and ships; naval and military heroes
and leaders; and noted individuals who made
distinguished contributions to United States national
security.
(3) These customs and traditions provide
appropriate and necessary standards for the naming of
vessels of the Navy.
(b) Notice to Congress.--Section 7292 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary of the Navy may not announce or
implement any proposal to name a vessel of the Navy until 30
days after the date on which the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth such proposal.
``(2) Each report under this subsection shall describe the
justification for the proposal covered by such report in
accordance with the standards referred to in section 1024(a) of
the National Defense Authorization Act for Fiscal Year 2013.''.
(c) Effective Date.--This section and the amendment made by
this section shall go into effect on the date that is 30 days
after the date of the enactment of this Act.
Subtitle D--Counterterrorism
SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING
TERRORISM.
(a) Extension.--Section 127b(c)(3)(C) of title 10, United
States Code, is amended by striking ``September 30, 2013'' and
inserting ``September 30, 2014''.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that outlines the future requirements and authorities to make
rewards for combating terrorism. The report shall include--
(1) an analysis of future requirements under
section 127b of title 10, United States Code;
(2) a detailed description of requirements for
rewards in support of operations with allied forces;
and
(3) an overview of geographic combatant commander
requirements through September 30, 2014.
SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated
or otherwise made available to the Department of Defense for
fiscal year 2013 may be used to construct or modify any
facility in the United States, its territories, or possessions
to house any individual detained at Guantanamo for the purposes
of detention or imprisonment in the custody or under the
control of the Department of Defense unless authorized by
Congress.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' has the
meaning given that term in section 1028(f)(2).
SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA, WHO
HAVE BEEN TRANSFERRED TO FOREIGN COUNTRIES.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, and annually thereafter for five
years, the Director of the Defense Intelligence Agency, in
consultation with the head of each element of the intelligence
community that the Director considers appropriate, shall submit
to the covered congressional committees a report assessing the
factors that cause or contribute to the recidivism of
individuals detained at Guantanamo who are transferred or
released to a foreign country. Such report shall include--
(1) a discussion of trends, by country and region,
where recidivism has occurred; and
(2) an assessment of the implementation by foreign
countries of the international arrangements relating to
the transfer or release of individuals detained at
Guantanamo reached between the United States and each
foreign country to which an individual detained at
Guantanamo has been transferred or released.
(b) Form.--The report required under subsection (a) may be
submitted in classified form.
(c) Definitions.--In this section:
(1) The term ``covered congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
(2) The term ``individual detained at Guantanamo''
means any individual who is or was located at United
States Naval Station, Guantanamo Bay, Cuba, who--
(A) is not a citizen of the United States
or a member of the Armed Forces of the United
States; and
(B) on or after January 1, 2002, was--
(i) in the custody or under the
control of the Department of Defense;
or
(ii) otherwise under detention at
United States Naval Station, Guantanamo
Bay, Cuba.
SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION OF
INDIVIDUALS CAPTURED OUTSIDE AFGHANISTAN PURSUANT
TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) Notice to Congress.--Not later than 30 days after first
detaining an individual pursuant to the Authorization for Use
of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on a
naval vessel outside the United States, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives notice of the detention. In
the case of such an individual who is transferred or released
before the submittal of the notice of the individual's
detention, the Secretary shall also submit to such Committees
notice of the transfer or release.
(b) Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report on the use of naval vessels for the detention
outside the United States of any individual who is
detained pursuant to the Authorization for Use of
Military Force (Public Law 107-40; 50 U.S.C. 1541
note). Such report shall include--
(A) procedures and any limitations on
detaining such individuals at sea on board
United States naval vessels;
(B) an assessment of any force protection
issues associated with detaining such
individuals on such vessels;
(C) an assessment of the likely effect of
such detentions on the original mission of such
naval vessels; and
(D) any restrictions on long-term detention
of individuals on United States naval vessels.
(2) Form of report.--The report required under
paragraph (1) may be submitted in classified form.
SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN INDIVIDUALS
DETAINED AT THE DETENTION FACILITY AT PARWAN,
AFGHANISTAN.
(a) Notice Required.--The Secretary of Defense shall submit
to the appropriate congressional committees notice in writing
of the proposed transfer of any individual detained pursuant to
the Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note) who is a national of a country other than
the United States or Afghanistan from detention at the
Detention Facility at Parwan, Afghanistan, to the custody of
the Government of Afghanistan or of any other country. Such
notice shall be provided not later than 10 days before such a
transfer may take place.
(b) Assessments Required.--Prior to any transfer referred
to under subsection (a), the Secretary shall ensure that an
assessment is conducted as follows:
(1) In the case of the proposed transfer of such an
individual by reason of the individual being released,
an assessment of the threat posed by the individual and
the security environment of the country to which the
individual is to be transferred.
(2) In the case of the proposed transfer of such an
individual to a country other than Afghanistan for the
purpose of the prosecution of the individual, an
assessment regarding the capacity, willingness, and
historical track record of the country with respect to
prosecuting similar cases, including a review of the
primary evidence against the individual to be
transferred and any significant admissibility issues
regarding such evidence that are expected to arise in
connection with the prosecution of the individual.
(3) In the case of the proposed transfer of such an
individual for reintegration or rehabilitation in a
country other than Afghanistan, an assessment regarding
the capacity, willingness, and historical track records
of the country for reintegrating or rehabilitating
similar individuals.
(4) In the case of the proposed transfer of such an
individual to the custody of the Government of
Afghanistan for prosecution or detention, an assessment
regarding the capacity, willingness, and historical
track record of Afghanistan to prosecute or detain
long-term such individuals.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate.
SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY DETAINED AT THE
DETENTION FACILITY AT PARWAN, AFGHANISTAN.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the relevant congressional committees a report on the estimated
recidivism rates and the factors that appear to contribute to
the recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan, who were transferred
or released, including the estimated total number of
individuals who have been recaptured on one or more occasion.
(b) Form.--The report required under subsection (a) may be
submitted in classified form.
(c) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees'' means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE
OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated by this Act
for fiscal year 2013 may be used to transfer, release, or
assist in the transfer or release to or within the United
States, its territories, or possessions of Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF
DETAINEES AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND
OTHER FOREIGN ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) In general.--Except as provided in paragraph
(2) and subsection (d), the Secretary of Defense may
not use any amounts authorized to be appropriated or
otherwise available to the Department of Defense for
fiscal year 2013 to transfer any individual detained at
Guantanamo to the custody or control of the
individual's country of origin, any other foreign
country, or any other foreign entity unless the
Secretary submits to Congress the certification
described in subsection (b) not later than 30 days
before the transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to
any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an
order affecting the disposition of the individual that
is issued by a court or competent tribunal of the
United States having lawful jurisdiction (which the
Secretary shall notify Congress of promptly after
issuance).
(b) Certification.--A certification described in this
subsection is a written certification made by the Secretary of
Defense, with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence, that--
(1) the government of the foreign country or the
recognized leadership of the foreign entity to which
the individual detained at Guantanamo is to be
transferred--
(A) is not a designated state sponsor of
terrorism or a designated foreign terrorist
organization;
(B) maintains control over each detention
facility in which the individual is to be
detained if the individual is to be housed in a
detention facility;
(C) is not, as of the date of the
certification, facing a threat that is likely
to substantially affect its ability to exercise
control over the individual;
(D) has taken or agreed to take effective
actions to ensure that the individual cannot
take action to threaten the United States, its
citizens, or its allies in the future;
(E) has taken or agreed to take such
actions as the Secretary of Defense determines
are necessary to ensure that the individual
cannot engage or reengage in any terrorist
activity; and
(F) has agreed to share with the United
States any information that--
(i) is related to the individual or
any associates of the individual; and
(ii) could affect the security of
the United States, its citizens, or its
allies; and
(2) includes an assessment, in classified or
unclassified form, of the capacity, willingness, and
past practices (if applicable) of the foreign country
or entity in relation to the Secretary's
certifications.
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph
(2) and subsection (d), the Secretary of Defense may
not use any amounts authorized to be appropriated or
otherwise made available to the Department of Defense
to transfer any individual detained at Guantanamo to
the custody or control of the individual's country of
origin, any other foreign country, or any other foreign
entity if there is a confirmed case of any individual
who was detained at United States Naval Station,
Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to such foreign country or
entity and subsequently engaged in any terrorist
activity.
(2) Exception.--Paragraph (1) shall not apply to
any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an
order affecting the disposition of the individual that
is issued by a court or competent tribunal of the
United States having lawful jurisdiction (which the
Secretary shall notify Congress of promptly after
issuance).
(d) National Security Waiver.--
(1) In general.--The Secretary of Defense may waive
the applicability to a detainee transfer of a
certification requirement specified in subparagraph (D)
or (E) of subsection (b)(1) or the prohibition in
subsection (c), if the Secretary certifies the rest of
the criteria required by subsection (b) for transfers
prohibited by (c) and, with the concurrence of the
Secretary of State and in consultation with the
Director of National Intelligence, determines that--
(A) alternative actions will be taken to
address the underlying purpose of the
requirement or requirements to be waived;
(B) in the case of a waiver of subparagraph
(D) or (E) of subsection (b)(1), it is not
possible to certify that the risks addressed in
the paragraph to be waived have been completely
eliminated, but the actions to be taken under
subparagraph (A) will substantially mitigate
such risks with regard to the individual to be
transferred;
(C) in the case of a waiver of subsection
(c), the Secretary has considered any confirmed
case in which an individual who was transferred
to the country subsequently engaged in
terrorist activity, and the actions to be taken
under subparagraph (A) will substantially
mitigate the risk of recidivism with regard to
the individual to be transferred; and
(D) the transfer is in the national
security interests of the United States.
(2) Reports.--Whenever the Secretary makes a
determination under paragraph (1), the Secretary shall
submit to the appropriate committees of Congress, not
later than 30 days before the transfer of the
individual concerned, the following:
(A) A copy of the determination and the
waiver concerned.
(B) A statement of the basis for the
determination, including--
(i) an explanation why the transfer
is in the national security interests
of the United States;
(ii) in the case of a waiver of
paragraph (D) or (E) of subsection
(b)(1), an explanation why it is not
possible to certify that the risks
addressed in the paragraph to be waived
have been completely eliminated; and
(iii) a classified summary of--
(I) the individual's record
of cooperation while in the
custody of or under the
effective control of the
Department of Defense; and
(II) the agreements and
mechanisms in place to provide
for continuing cooperation.
(C) A summary of the alternative actions to
be taken to address the underlying purpose of,
and to mitigate the risks addressed in, the
paragraph or subsection to be waived.
(D) The assessment required by subsection
(b)(2).
(e) Record of Cooperation.--In assessing the risk that an
individual detained at Guantanamo will engage in terrorist
activity or other actions that could affect the security of the
United States if released for the purpose of making a
certification under subsection (b) or a waiver under subsection
(d), the Secretary of Defense may give favorable consideration
to any such individual--
(1) who has substantially cooperated with United
States intelligence and law enforcement authorities,
pursuant to a pre-trial agreement, while in the custody
of or under the effective control of the Department of
Defense; and
(2) for whom agreements and effective mechanisms
are in place, to the extent relevant and necessary, to
provide for continued cooperation with United States
intelligence and law enforcement authorities.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) The term ``individual detained at Guantanamo''
means any individual located at United States Naval
Station, Guantanamo Bay, Cuba, as of October 1, 2009,
who--
(A) is not a citizen of the United States
or a member of the Armed Forces of the United
States; and
(B) is--
(i) in the custody or under the
control of the Department of Defense;
or
(ii) otherwise under detention at
United States Naval Station, Guantanamo
Bay, Cuba.
(3) The term ``foreign terrorist organization''
means any organization so designated by the Secretary
of State under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 1029. RIGHTS UNAFFECTED.
Nothing in the Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) or the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) shall be construed to deny the availability of the writ of
habeas corpus or to deny any Constitutional rights in a court
ordained or established by or under Article III of the
Constitution to any person inside the United States who would
be entitled to the availability of such writ or to such rights
in the absence of such laws.
Subtitle E--Nuclear Forces
SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE UNITED STATES.
(a) Reports on Strategy.--Section 491 of title 10, United
States Code, is--
(1) transferred to chapter 24 of such title, as
added by subsection (b)(1); and
(2) amended--
(A) in the heading, by inserting
``weapons'' after ``Nuclear'';
(B) by striking ``nuclear employment
strategy'' each place it appears and inserting
``nuclear weapons employment strategy'';
(C) in paragraph (1)--
(i) by inserting ``the'' after
``modifications to''; and
(ii) by inserting ``, plans, and
options'' after ``employment
strategy'';
(D) by inserting after paragraph (3) the
following new paragraph:
``(4) The extent to which such modifications
include an increased reliance on conventional or non-
nuclear global strike capabilities or missile defenses
of the United States.'';
(E) by striking ``On the date'' and
inserting ``(a) Reports.--On the date''; and
(F) by adding at the end the following new
subsections:
``(b) Annual Briefings.--Not later than March 15 of each
year, the Secretary of Defense shall provide to the
congressional defense committees a briefing regarding the
nuclear weapons employment strategy, plans, and options of the
United States.
``(c) Notification of Anomalies.--(1) The Secretary of
Defense shall submit to the congressional defense committees
written notification of an anomaly in the nuclear command,
control, and communications system of the United States that is
reported to the Secretary of Defense or the Nuclear Weapons
Council by not later than 14 days after the date on which the
Secretary or the Council learns of such anomaly, as the case
may be.
``(2) In this subsection, the term `anomaly' means any
unplanned, irregular, or abnormal event, whether unexplained or
caused intentionally or unintentionally by a person or a
system.''.
(b) Clerical and Conforming Amendments.--
(1) Chapter 24.--Part I of subtitle A of title 10,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 24--NUCLEAR POSTURE
``Sec.
``491. Nuclear weapons employment strategy of the United States: reports
on modification of strategy.''.
(2) Table of chapters.--The table of chapters at
the beginning of subtitle A of title 10, United States
Code, and at the beginning of part I of such subtitle,
are each amended by inserting after the item relating
to chapter 23 the following new item:
``24. Nuclear posture.............................................491''.
(3) Transfer of provisions.--
(A) Chapter 23.--Chapter 23 of title 10,
United States Code, is amended as follows:
(i) Section 490a is--
(I) transferred to chapter
24 of such title, as added by
paragraph (1);
(II) inserted after section
491 of such title, as added to
such chapter 24 by subsection
(a)(1); and
(III) redesignated as
section 492.
(ii) The table of sections at the
beginning of such chapter 23 is amended
by striking the items relating to
sections 490a and 491.
(B) FY12 ndaa.--Section 1077 of the
National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 50 U.S.C. 2514)
is--
(i) transferred to chapter 24 of
title 10, United States Code, as added
by paragraph (1);
(ii) inserted after section 492 of
such title, as added by subparagraph
(A)(i);
(iii) redesignated as section 493;
and
(iv) amended by striking ``the date
of the enactment of this Act'' and
inserting ``December 31, 2011,''.
(III) by striking ``the
date of the enactment of this
Act'' and inserting ``December
31, 2011,''.
(C) Clerical amendments.--
(i) Table of sections.--The table
of sections at the beginning of chapter
24 of title 10, United States Code, as
added by paragraph (1), is amended by
inserting after the item relating to
section 491 the following new items:
``492. Biennial assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control system.
``493. Reports to Congress on the modification of the force structure
for the strategic nuclear weapons delivery systems of the
United States.''.
(ii) Section heading typeface and
typestyle.--Section 493 of title 10,
United States Code, as added by
subparagraph (B), is amended--
(I) in the enumerator, by
striking ``SEC.'' and inserting
``Sec. ''; and
(II) in the section
heading--
(aa) by striking
the period at the end;
and
(bb) by conforming
the typeface and
typestyle, including
capitalization, to the
typeface and typestyle
as used in the section
heading of section 491
of such title.
(4) Conforming amendment.--section 1031(b) of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1574) is amended by
striking ``section 490a of title 10, United States
Code, as added by subsection (a),'' and inserting
``section 492 of title 10, United States Code,''.
SEC. 1032. PROGRESS OF MODERNIZATION.
(a) Nuclear Employment Strategy.--Subsection (a) of section
491 of title 10, United States Code, as amended by section
1031, is amended by striking ``On the date on which the
President issues'' and inserting ``By not later than 60 days
before the date on which the President implements''.
(b) Reports Required.--Such section 491 is further amended
by adding at the end the following:
``(d) Reports on 2010 Nuclear Posture Review Implementation
Study Decisions.--During each of fiscal years 2012 through
2021, not later than 60 days before the date on which the
President carries out the results of the decisions made
pursuant to the 2010 Nuclear Posture Review Implementation
Study that would alter the nuclear weapons employment strategy,
guidance, plans, or options of the United States, the President
shall--
``(1) ensure that the annual report required under
section 1043(a)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1576) is transmitted to Congress, if so
required;
``(2) ensure that the report required under section
494(a)(2)(A) of this title is transmitted to Congress,
if so required under such section; and
``(3) transmit to the congressional defense
committees a report providing the high-, medium-, and
low- confidence assessments of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))) as to whether
the United States will have significant warning of a
strategic surprise or breakout caused by foreign
nuclear weapons developments.''.
SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR
MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) consistent with Condition 9 of the Resolution
of Advice and Consent to Ratification of the New START
Treaty of the Senate, agreed to on December 22, 2010,
the United States is committed to ensuring the safety,
security, reliability, and credibility of its nuclear
forces; and
(2) the United States is committed to--
(A) proceeding with a robust stockpile
stewardship program and maintaining and
modernizing nuclear weapons production
capabilities and capacities of the United
States to ensure the safety, security,
reliability, and credibility of the nuclear
arsenal of the United States at the New START
Treaty levels and meeting requirements for
hedging against possible international
developments or technical problems;
(B) reinvigorating and sustaining the
nuclear security laboratories of the United
States and preserving the core nuclear weapons
competencies therein; and
(C) providing the resources needed to
achieve these objectives, using as a starting
point the levels set forth in the President's
10-year plan provided to Congress in November
2010 pursuant to section 1251 of the National
Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2549).
(b) Insufficient Funding Report.--
(1) In general.--Section 1045 of the National
Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 50 U.S.C. 2523b) is--
(A) transferred to chapter 24 of title 10,
United States Code, as added by section
1031(b);
(B) inserted after section 493 of such
title, as added to such chapter 24 by such
section 1031(b);
(C) redesignated as section 494; and
(D) amended by amending paragraph (2) of
subsection (a) to read as follows:
``(2) Insufficient funding.--
``(A) Report.--During each year in which
the New START Treaty is in force, if the
President determines that an appropriations Act
is enacted that fails to meet the resource
levels set forth in the November 2010 update to
the plan referred to in section 1251 of the
National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2549)
or if at any time determines that more
resources are required to carry out such plan
than were estimated, the President shall
transmit to the appropriate congressional
committees, within 60 days of making such a
determination, a report detailing--
``(i) a plan to address the
resource shortfall;
``(ii) if more resources are
required to carry out the plan than
were estimated--
``(I) the proposed level of
funding required; and
``(II) an identification of
the stockpile work, campaign,
facility, site, asset, program,
operation, activity,
construction, or project for
which additional funds are
required;
``(iii) any effects caused by the
shortfall on the safety, security,
reliability, or credibility of the
nuclear forces of the United States;
``(iv) whether and why, in light of
the shortfall, remaining a party to the
New START Treaty is still in the
national interest of the United States;
and
``(v) a detailed explanation of why
the modernization timelines established
in the 2010 Nuclear Posture Review are
no longer applicable.
``(B) Prior notification.--If the President
transmits a report under subparagraph (A), the
President shall notify the appropriate
congressional committees of any determination
by the President to reduce the number of
deployed nuclear warheads of the United States
by not later than 60 days before taking any
action to carry out such reduction.
``(C) Exception.--The limitation in
subparagraph (B) shall not apply to--
``(i) reductions made to ensure the
safety, security, reliability, and
credibility of the nuclear weapons
stockpile and strategic delivery
systems, including activities related
to surveillance, assessment,
certification, testing, and maintenance
of nuclear warheads and strategic
delivery systems; or
``(ii) nuclear warheads that are
retired or awaiting dismantlement on
the date of the report under
subparagraph (A).
``(D) Definitions.--In this paragraph:
``(i) The term `appropriate
congressional committees' means--
``(I) the congressional
defense committees; and
``(II) the Committee on
Foreign Relations of the Senate
and the Committee on Foreign
Affairs of the House of
Representatives.
``(ii) The term `New START Treaty'
means the Treaty between the United
States of America and the Russian
Federation on Measures for the Further
Reduction and Limitation of Strategic
Offensive Arms, signed on April 8,
2010, and entered into force on
February 5, 2011.''.
(2) Clerical amendments.--
(A) Table of contents.--The table of
sections at the beginning of chapter 24 of
title 10, United States Code, as added by
section 1031(b), is amended by inserting after
the item relating to section 493 the following
new item:
``494. Nuclear force reductions.''.
(B) Section heading typeface and
typestyle.--Section 494 of title 10, United
States Code, as added by paragraph (1), is
amended--
(i) in the enumerator, by striking
``SEC.'' and inserting ``Sec. ''; and
(ii) in the section heading--
(I) by striking the period
at the end; and
(II) by conforming the
typeface and typestyle,
including capitalization, to
the typeface and typestyle as
used in the section heading of
section 491 of such title.
(4) Effective date.--The amendment made by
paragraph (1)(D) shall take effect on October 1, 2012.
SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON STOCKPILE
REDUCTIONS.
Section 494 of title 10, United States Code, as added by
section 1033(b)(1), is amended by adding at the end the
following new subsection:
``(d) Prevention of Asymmetry in Reductions.--
``(1) Certification.--During any year in which the
President recommends to reduce the number of nuclear
weapons in the active and inactive stockpiles of the
United States by a number that is greater than a de
minimis reduction, the President shall certify in
writing to the congressional defense committees whether
such reductions will cause the number of nuclear
weapons in such stockpiles to be fewer than the high-
confidence assessment of the intelligence community (as
defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4))) with respect to the number of
nuclear weapons in the active and inactive stockpiles
of the Russian Federation.
``(2) Notification.--If the President certifies
under paragraph (1) that the recommended number of
nuclear weapons in the active and inactive stockpiles
of the United States is fewer than the high-confidence
assessment of the intelligence community with respect
to the number of nuclear weapons in the active and
inactive stockpiles of the Russian Federation, the
President shall transmit to the congressional defense
committees a report by the Commander of the United
States Strategic Command, without change, detailing
whether the recommended reduction would create a
strategic imbalance or degrade deterrence and extended
deterrence between the total number of nuclear weapons
of the United States and the total number of nuclear
weapons of the Russian Federation. The President shall
transmit such report by not later than 60 days before
the date on which the President carries out any such
recommended reductions.
``(3) Exception.--The notification in paragraph (2)
shall not apply to--
``(A) reductions made to ensure the safety,
security, reliability, and credibility of the
nuclear weapons stockpile and strategic
delivery systems, including activities related
to surveillance, assessment, certification,
testing, and maintenance of nuclear warheads
and strategic delivery systems; or
``(B) nuclear warheads that are retired or
awaiting dismantlement on the date of the
certification under paragraph (1).
``(4) Additional views.--On the date on which the
President transmits to the congressional defense
committees a report by the Commander of the United
States Strategic Command under paragraph (2), the
President may transmit to such committees a report by
the President with respect to whether the recommended
reductions covered by the report of the Commander will
impact the deterrence or extended deterrence
capabilities of the United States.''.
SEC. 1035. STRATEGIC DELIVERY SYSTEMS.
(a) In General.--Chapter 24 of title 10, United States
Code, as added by section 1031(b), is amended by inserting
after section 494, as added by section 1033(b)(1), the
following new section:
``Sec. 495. Strategic delivery systems
``(a) Annual Certification.--Beginning in fiscal year 2013,
the President shall annually certify in writing to the
congressional defense committees whether plans to modernize or
replace strategic delivery systems are fully funded at levels
equal to or more than the levels set forth in the November 2010
update to the plan referred to in section 1251 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2549), including plans regarding--
``(1) a heavy bomber and air-launched cruise
missile;
``(2) an intercontinental ballistic missile;
``(3) a submarine-launched ballistic missile;
``(4) a ballistic missile submarine; and
``(5) maintaining the nuclear command and control
system (as first reported under section 1043 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1576)).
``(b) Additional Report Matters Following Certain
Certifications.--If in any year before fiscal year 2020 the
President certifies under subsection (a) that plans to
modernize or replace strategic delivery systems are not fully
funded, the President shall include in the next annual report
transmitted to Congress under section 1043 of the National
Defense Authorization Act for Fiscal Year 2012 the following:
``(1) A determination of whether or not the lack of
full funding will result in a loss of military
capability when compared with the November 2010 update
to the plan referred to in section 1251 of the National
Defense Authorization Act for Fiscal Year 2010.
``(2) If the determination under paragraph (1) is
that the lack of full funding will result in a loss of
military capability--
``(A) a plan to preserve or retain the
military capability that would otherwise be
lost; or
``(B) a report setting forth--
``(i) an assessment of the impact
of the lack of full funding on the
strategic delivery systems specified in
subsection (a); and
``(ii) a description of the funding
required to restore or maintain the
capability.
``(3) A certification by the President of whether
or not the President is committed to accomplishing the
modernization and replacement of strategic delivery
systems and will meet the obligations concerning
nuclear modernization as set forth in declaration 12 of
the Resolution of Advice and Consent to Ratification of
the New START Treaty.
``(c) Prior Notification.--Not later than 60 days before
the date on which the President carries out any reduction to
the number of strategic delivery systems, the President shall--
``(1) make the certification under subsection (a)
for the fiscal year for which the reductions are
proposed to be carried out;
``(2) transmit the additional report matters under
subsection (b) for such fiscal year, if such additional
report matters are so required; and
``(3) certify to the congressional defense
committees that the Russian Federation is in compliance
with its arms control obligations with the United
States and is not engaged in activity in violation of,
or inconsistent with, such obligations.
``(d) Treatment of Certain Reductions.--Any certification
under subsection (a) shall not take into account the following:
``(1) Reductions made to ensure the safety,
security, reliability, and credibility of the nuclear
weapons stockpile and strategic delivery systems,
including activities related to surveillance,
assessment, certification, testing, and maintenance of
nuclear warheads and delivery systems.
``(2) Strategic delivery systems that are retired
or awaiting dismantlement on the date of the
certification under subsection (a).
``(e) Definitions.--In this section:
``(1) The term `New START Treaty' means the Treaty
between the United States of America and the Russian
Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April
8, 2010, and entered into force on February 5, 2011.
``(2) The term `strategic delivery system' means a
delivery system for nuclear weapons.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 24 of such title is amended by inserting
after the item relating to section 494, as added by section
1033(b)(2), the following new item:
``495. Strategic delivery systems.''.
SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF OTHER
COUNTRIES.
(a) In General.--Chapter 24 of title 10, United States
Code, as added by section 1031(b), is amended by inserting
after section 495, as added by section 1035(a), the following
new section:
``Sec. 496. Consideration of expansion of nuclear forces of other
countries
``(a) Report and Certification.--Not later than 60 days
before the President recommends any reductions to the nuclear
forces of the United States--
``(1) the President shall transmit to the
appropriate congressional committees a report
detailing, for each country with nuclear weapons, the
high-, medium-, and low- confidence assessment of the
intelligence community (as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)))
with respect to--
``(A) the number of each type of nuclear
weapons possessed by such country;
``(B) the modernization plans for such
weapons of such country;
``(C) the production capacity of nuclear
warheads and strategic delivery systems (as
defined in section 495(e)(2) of this title) of
such country;
``(D) the nuclear doctrine of such country;
and
``(E) the impact of such recommended
reductions on the deterrence and extended
deterrence capabilities of the United States;
and
``(2) the Commander of the United States Strategic
Command shall certify to the appropriate congressional
committees whether such recommended reductions in the
nuclear forces of the United States will--
``(A) impair the ability of the United
States to address--
``(i) unplanned strategic or
geopolitical events; or
``(ii) technical challenge; or
``(B) degrade the deterrence or assurance
provided by the United States to friends and
allies of the United States.
``(b) Form.--The reports required by subsection (a)(1)
shall be submitted in unclassified form, but may include a
classified annex.
``(c) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means the following:
``(1) The congressional defense committees.
``(2) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 495, as added by section 1035(b), the
following new item:
``496. Consideration of expansion of nuclear forces of other
countries.''.
SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND EXTENDED
DETERRENCE POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue negotiations
with the Russian Federation aimed at the reduction of
Russian deployed and nondeployed nonstrategic nuclear
forces;
(2) nonstrategic nuclear weapons should be
considered when weighing the balance of the nuclear
forces of the United States and the Russian Federation;
(3) any geographical relocation or storage of
nonstrategic nuclear weapons by the Russian Federation
does not constitute a reduction or elimination of such
weapons;
(4) the vast advantage of the Russian Federation in
nonstrategic nuclear weapons constitutes a threat to
the United States and its allies and a growing
asymmetry in Western Europe;
(5) the forward-deployed nuclear forces of the
United States are an important contributor to the
assurance of the allies of the United States and
constitute a check on proliferation and a tool in
dealing with neighboring states hostile to the North
Atlantic Treaty Organization (``NATO'');
(6) the United States should maintain its
commitment to extended deterrence, specifically the
nuclear alliance of NATO, as an important component of
ensuring and linking the national security interests of
the United States and the security of its European
allies;
(7) forward-deployed nuclear forces of the United
States shall remain based in Europe in support of the
nuclear policy and posture of NATO subject to the
policy and requirements of NATO;
(8) the presence of nuclear weapons of the United
States in Europe--combined with NATO's unique nuclear
sharing arrangements under which non-nuclear members
participate in nuclear planning and possess specially
configured aircraft capable of delivering nuclear
weapons--provides reassurance to allies and partners
who feel exposed to regional threats; and
(9) only the President and Congress have the legal
authority over the nuclear forces of the United States
and no multilateral organization, not even NATO, can
articulate a declaratory policy concerning the use of
nuclear weapons that binds the United States.
(b) Notification.--
(1) In general.--Chapter 24 of title 10, United
States Code, as added by section 1031(b), is amended by
inserting after section 496, as added by section
1036(a), the following new section:
``Sec. 497. Notification required for reduction, consolidation, or
withdrawal of nuclear forces based in Europe
``(a) Notification.--Upon any decision to reduce,
consolidate, or withdraw the nuclear forces of the United
States that are based in Europe, the President shall transmit
to the appropriate congressional committees a notification
containing--
``(1) justification for such reduction,
consolidation, or withdrawal; and
``(2) an assessment of how member states of the
North Atlantic Treaty Organization, in light of such
reduction, consolidation, or withdrawal, assess the
credibility of the deterrence capability of the United
States in support of its commitments undertaken
pursuant to article 5 of the North Atlantic Treaty,
signed at Washington, District of Columbia, on April 4,
1949, and entered into force on August 24, 1949 (63
Stat. 2241; TIAS 1964).
``(b) Prior Notification Required.--
``(1) In general.--The President shall transmit the
notification required by subsection (a) by not later
than 60 days before the date on which the President
commences a reduction, consolidation, or withdrawal of
the nuclear forces of the United States that are based
in Europe described in such notification.
``(2) Exception.--The limitation in paragraph (1)
shall not apply to a reduction, consolidation, or
withdrawal of nuclear weapons of the United States that
are based in Europe made to ensure the safety,
security, reliability, and credibility of such weapons.
``(c) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committees on Armed Services of the House
of Representatives and the Senate; and
``(2) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating section 496, as added by
section 1036(b), the following new item:
``497. Notification required for reduction, consolidation, or withdrawal
of nuclear forces based in Europe.''.
SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS STOCKPILE OF THE UNITED
STATES.
(a) In General.--Chapter 24 of title 10, United States
Code, as added by section 1031(b), is amended by inserting
after section 497, as added by section 1037(b)(1), the
following new section:
``Sec. 498 Unilateral change in nuclear weapons stockpile of the United
States
``(a) In General.--Other than pursuant to a treaty, if the
President has under consideration to unilaterally change the
size of the total stockpile of nuclear weapons of the United
States by more than 25 percent, prior to doing so the President
shall initiate a Nuclear Posture Review.
``(b) Terms of Reference.--Prior to the initiation of a
Nuclear Posture Review under this section, the President shall
determine the terms of reference for the Nuclear Posture
Review, which the President shall provide to the congressional
defense committees.
``(c) Nuclear Posture Review.--Upon completion of a Nuclear
Posture Review under this section, the President shall submit
the Nuclear Posture Review to the congressional defense
committees prior to implementing any change in the nuclear
weapons stockpile by more than 25 percent.
``(d) Construction.--This section shall not apply to
changes to the nuclear weapons stockpile resulting from treaty
obligations.
``(e) Form.--A Nuclear Posture Review under this section
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating section 497, as added by section 1037(b)(2), the
following new item:
``498. Unilateral change in nuclear weapons stockpile of the United
States.''.
SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES OF THE NUCLEAR
WEAPONS COUNCIL.
(a) Guidance on Nuclear Command, Control, and
Communications Systems.--Section 179(d) of title 10, United
States Code, is amended--
(1) in paragraph (2), by inserting ``and
alternatives'' before the period;
(2) in paragraph (3), by inserting ``and
approving'' after ``Coordinating'';
(3) in paragraph (7)--
(A) by striking ``broad'' and inserting
``specific''; and
(B) by inserting before the period at the
end the following: ``and priorities among
activities, including production, surveillance,
research, construction, and any other programs
within the National Nuclear Security
Administration'';
(4) by redesignating paragraph (10) as paragraph
(12); and
(5) by inserting after paragraph (9) the following
new paragraph (10):
``(10) Coordinating and providing guidance and
oversight on nuclear command, control, and
communications systems.''.
(b) Budget and Funding Matters.--Section 179 of such title
is further amended--
(1) in subsection (d), as amended by subsection
(a), by inserting after paragraph (10) the following
new paragraph (11):
``(11) Coordinating and approving the annual budget
proposals of the National Nuclear Security
Administration.'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection (f):
``(f) Budget and Funding Matters.--(1) The Council shall
submit to Congress each year, at the same time the budget of
the President for the fiscal year beginning in such year is
submitted to Congress pursuant to section 1105(a) of title 31,
a certification whether or not the amounts requested for the
National Nuclear Security Administration in such budget, and
anticipated over the four fiscal years following such budget,
meets nuclear stockpile and stockpile stewardship program
requirements for such fiscal year and over such four fiscal
years. If a member of the Council does not concur in a
certification, the certification shall include the reasons for
the member's non-concurrence.
``(2) If a House of Congress adopts a bill authorizing or
appropriating funds for the National Nuclear Security
Administration for nuclear stockpile and stockpile stewardship
program activities or other activities that, as determined by
the Council, provides insufficient funds for such activities
for the period covered by such bill, the Council shall notify
the congressional defense committees of the determination.''.
(c) Agenda of Meetings.--Section 179(b)(3) of such title is
amended by adding at the end the following: ``To the extent
possible, not later than seven days before a meeting, the
Chairman shall disseminate to each member of the Council the
agenda and documents for such meeting.''.
SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY OF THE
NATIONAL LABORATORIES.
(a) Establishment.--Chapter 7 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 188. Interagency Council on the Strategic Capability of the
National Laboratories
``(a) Establishment.--There is an Interagency Council on
the Strategic Capability of the National Laboratories (in this
section referred to as the `Council').
``(b) Membership.--The membership of the Council is
comprised of the following:
``(1) The Secretary of Defense.
``(2) The Secretary of Energy.
``(3) The Secretary of Homeland Security.
``(4) The Director of National Intelligence.
``(5) The Administrator for Nuclear Security.
``(6) Such other officials as the President
considers appropriate.
``(c) Structure and Procedures.--The President may
determine the chair, structure, staff, and procedures of the
Council.
``(d) Responsibilities.--The Council shall be responsible
for the following matters:
``(1) Identifying and considering the science,
technology, and engineering capabilities of the
national laboratories that could be leveraged by each
participating agency to support national security
missions.
``(2) Reviewing and assessing the adequacy of the
national security science, technology, and engineering
capabilities of the national laboratories for
supporting national security missions throughout the
Federal Government.
``(3) Establishing and overseeing means of ensuring
that--
``(A) capabilities identified by the
Council under paragraph (1) are sustained to an
appropriate level; and
``(B) each participating agency provides
the appropriate level of institutional support
to sustain such capabilities.
``(4) In accordance with acquisition rules
regarding federally funded research and development
centers, establishing criteria for when each
participating agency should seek to use the services of
the national laboratories, including the identification
of appropriate mission areas and capabilities.
``(5) Making recommendations to the President and
Congress regarding regulatory or statutory changes
needed to better support--
``(A) the strategic capabilities of the
national laboratories; and
``(B) the use of such laboratories by each
participating agency.
``(6) Other actions the Council considers
appropriate with respect to--
``(A) the sustainment of the national
laboratories; and
``(B) the use of the strategic capabilities
of such laboratories.
``(e) Streamlined Process.--With respect to the
participating agency for which a member of the Council is the
head of, each member of the Council shall--
``(1) establish processes to streamline the
consideration and approval of procuring the services of
the national laboratories on appropriate matters; and
``(2) ensure that such processes are used in
accordance with the criteria established under
subsection (d)(4).
``(f) Definitions.--In this section:
``(1) The term `participating agency' means a
department or agency of the Federal Government that is
represented on the Council by a member under subsection
(b).
``(2) The term `national laboratories' means--
``(A) each national security laboratory (as
defined in section 3281(1) of the National
Nuclear Security Administration Act (50 U.S.C.
2471(1))); and
``(B) each national laboratory of the
Department of Energy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 187 the following new item:
``188. Interagency Council on the Strategic Capability of the National
Laboratories.''.
(c) Report.--
(1) In general.--Not later than September 30, 2013,
the Interagency Council on the Strategic Capability of
the National Laboratories established under section 188
of title 10, United States Code, as added by subsection
(a), shall submit to the appropriate congressional
committees a report describing and assessing the
following:
(A) The actions taken to implement the
requirements of such section 188 and the
charter titled ``Governance Charter for an
Interagency Council on the Strategic Capability
of DOE National Laboratories as National
Security Assets'' signed by the Secretary of
Defense, the Secretary of Energy, the Secretary
of Homeland Security, and the Director of
National Intelligence in July 2010.
(B) The effectiveness of the Council in
accomplishing the purpose and objectives of
such section and such Charter.
(C) Efforts to strengthen work-for-others
programs at the national laboratories.
(D) Efforts to make work-for-others
opportunities at the national laboratories more
cost-effective.
(E) Ongoing and planned measures for
increasing cost-sharing and institutional
support investments at the national
laboratories from other agencies.
(F) Any regulatory or statutory changes
recommended to improve the ability of such
other agencies to leverage expertise and
capabilities at the national laboratories.
(G) The strategic capabilities and core
competencies of laboratories and engineering
centers operated by the Department of Defense,
including identification of mission areas and
functions that should be carried out by such
laboratories and engineering centers.
(H) Consistent with the protection of
sources and methods, the level of funding and
general description of programs that were
funded during fiscal year 2012 by--
(i) the Department of Defense and
carried out at the national
laboratories; and
(ii) the Department of Energy and
the national laboratories and carried
out at the laboratories and engineering
centers of the Department of Defense.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means the following:
(A) The congressional defense committees.
(B) The Committee on Energy and Commerce of
the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(C) The Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate.
(D) The Committee on Science, Space, and
Technology of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate.
(E) The Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(d) Construction.--Nothing in section 188 of title 10,
United States Code, as added by subsection (a), shall be
construed to limit section 309 of the Homeland Security Act of
2002 (6 U.S.C. 189).
SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS.
(a) Budget Requirements.--Section 1043 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1576) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by amending
subparagraph (F) to read as follows:
``(F) In accordance with paragraph (3), a
detailed estimate of the budget requirements
associated with sustaining and modernizing the
nuclear deterrent of the United States and the
nuclear weapons stockpile of the United States,
including the costs associated with the plans
outlined under subparagraphs (A) through (E),
over the 10-year period following the date of
the report, including the applicable and
appropriate costs associated with the
procurement, military construction, operation
and maintenance, and research, development,
test, and evaluation accounts of the Department
of Defense.''; and
(B) by adding at the end the following new
paragraph:
``(3) Budget estimate contents and methodology.--
Each budget estimate under paragraph (2)(F) shall
include a detailed description of the costs included in
such estimate and the methodology used to create such
estimate.''; and
(2) by adding at the end the following new
subsection:
``(c) Comptroller General Review.--The Comptroller General
of the United States shall--
``(1) review each report under subsection (a) for
accuracy and completeness with respect to the matters
described in paragraphs (2)(F) and (3) of such
subsection; and
``(2) not later than 180 days after the date on
which such report under subsection (a) is submitted,
submit to the congressional defense committees a
summary of each such review.''.
(b) CBO Estimate of Costs.--Not later than one year after
the date of the enactment of this Act, the Director of the
Congressional Budget Office shall submit to the congressional
defense committees a report setting forth the following:
(1) An estimate of the costs over the 10-year
period beginning on the date of the report associated
with fielding and maintaining the current nuclear
weapons and nuclear weapon delivery systems of the
United States.
(2) An estimate of the costs over the 10-year
period beginning on the date of the report of any life
extension, modernization, or replacement of any current
nuclear weapons or nuclear weapon delivery systems of
the United States that is anticipated as of the date of
the report.
SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIREMENT OF STRATEGIC
DELIVERY SYSTEMS.
(a) Prior Notification.--The President shall ensure that
the Secretary of Defense submits to Congress the plan required
by section 1042(a) of the National Defense Authorization Act of
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1575) by not
later than 60 days before the date on which the President
carries out any reduction, conversion, or decommissioning of
any strategic delivery system pursuant to the levels set forth
for such systems under the New START Treaty.
(b) Definitions.--In this section:
(1) The term ``New START Treaty'' means the Treaty
between the United States of America and the Russian
Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April
8, 2010, and entered into force on February 5, 2011.
(2) The term ``strategic delivery system'' means
the following delivery platforms for nuclear weapons:
(A) Land-based intercontinental ballistic
missiles.
(B) Submarine-launched ballistic missiles
and associated ballistic missile submarines.
(C) Nuclear-certified strategic bombers.
(D) Nuclear-capable cruise missiles.
SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the requirements
necessary to ensure that the United States retains the ability
(and all of the related capabilities) to upload an
intercontinental ballistic missile with multiple nuclear
warheads in the event that operational requirements, technical
failures, or other decisions require such an ability.
SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPERABLE WARHEAD FOR
CERTAIN MISSILE SYSTEMS.
(a) Navy and Air Force Statements.--Not later than 75 days
after the date of the enactment of this Act, the Secretary of
the Navy and the Secretary of the Air Force shall each submit
separate statements to the Nuclear Weapons Council established
by section 179 of title 10, United States Code, on--
(1) plans related to a combined or interoperable
warhead for the W78 Minuteman III missile system and
the W88 Trident II D5 missile system; and
(2) the views of the Secretary with respect to such
combined or interoperable warhead.
(b) Report by Nuclear Weapons Council.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Nuclear Weapons
Council shall submit to the congressional defense
committees a report setting forth the requirements for
a combined or interoperable warhead for the W78
Minuteman III missile system and the W88 Trident II D5
missile system.
(2) Matters included.--The report under paragraph
(1) shall include--
(A) the views of the Council with respect
to the combined or interoperable warhead; and
(B) the unaltered statements of the
Secretary of the Navy and the Secretary of the
Air Force submitted to the Council under
subsection (a).
SEC. 1045. REPORTS ON CAPABILITY OF CONVENTIONAL AND NUCLEAR FORCES
AGAINST CERTAIN TUNNEL SITES AND ON NUCLEAR WEAPONS
PROGRAM OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report on Capability of U.S. Conventional and Nuclear
Forces Against Certain Tunnel Sites.--
(1) Report.--Not later than one year after the date
of the enactment of this Act, the Commander of the
United States Strategic Command shall submit to the
appropriate congressional committees a report on the
underground tunnel network used by the People's
Republic of China with respect to the capability of the
United States to use conventional and nuclear forces to
neutralize such tunnels and what is stored within such
tunnels.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(b) Assessment of Nuclear Weapons Program.--
(1) In general.--The Secretary of Defense shall
enter into an agreement with a federally funded
research and development center to conduct an
assessment of the nuclear weapons program of the
People's Republic of China.
(2) Panel.--To conduct the assessment under
paragraph (1), the federally funded research and
development center shall convene a panel consisting of
individuals who--
(A) are nuclear weapons or military
experts;
(B) have significant experience and subject
matter expertise based on the service of the
individual in the Federal Government or the
nuclear weapons laboratories; and
(C) possess (or have recently possessed)
the appropriate security clearance required to
access relevant classified information of the
intelligence community and the Department of
Energy.
(3) Matters included.--The assessment under
paragraph (1) shall include the following:
(A) An assessment of the nuclear deterrence
strategy of China, including a historical
perspective and the assessed geopolitical
drivers of such strategy.
(B) A detailed description of the nuclear
arsenal of China, including--
(i) the capabilities of such
arsenal;
(ii) the number of nuclear weapons
in such arsenal capable of being
delivered at intercontinental range;
and
(iii) any associated doctrines
(including targeting doctrines)
relating to such arsenal.
(C) A comparison of the nuclear forces of
the United States with the nuclear forces of
China, including with respect to nuclear forces
that are deployed, in reserve, or awaiting
dismantlement.
(D) Projections of the possible future
nuclear arsenals of China, including the
capabilities and associated doctrines of such
arsenals.
(E) A description of command and control
functions and gaps.
(F) An assessment of the fissile material
stockpile of China and the civil and military
production capabilities and capacities.
(G) An assessment of the production
capacities of China for nuclear weapons and
nuclear weapon delivery vehicles.
(H) A discussion of any significant
uncertainties surrounding the nuclear weapons
program of China, including--
(i) identification of the knowledge
gaps regarding such nuclear weapons
program; and
(ii) a discussion of the
implications of any such gaps for the
security of the United States and the
allies of the United States.
(I) Any recommendations to improve the
understanding of the United States with respect
to the nuclear weapons program of China.
(4) Report.--Not later than August 15, 2013, the
federally funded research and development center shall
submit to the appropriate congressional committees a
report on the assessment conducted under paragraph (1).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE WESTERN
PACIFIC REGION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of State, shall submit to the congressional defense
committees a report on the feasibility and strategic value of
deploying additional conventional and nuclear forces to the
Western Pacific region to ensure the presence of a robust
conventional and nuclear capability, including a forward-
deployed nuclear capability, of the United States in response
to the ballistic missile and nuclear weapons developments of
North Korea and the other belligerent actions North Korea has
made against allies of the United States. The report shall
include an evaluation of any bilateral agreements, basing
arrangements, and costs that would be involved with such
additional deployments.
Subtitle F--Miscellaneous Authorities and Limitations
SEC. 1051. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE ARMY TO LOAN
OR DONATE EXCESS NON-AUTOMATIC SERVICE RIFLES FOR
FUNERAL AND OTHER CEREMONIAL PURPOSES.
(a) In General.--Section 4683 of title 10, United States
Code, is amended--
(1) in subsection (a), by adding at the end the
following new paragraph:
``(3)(A) In order to meet the needs of an eligible
organization with respect to performing funeral and other
ceremonies, if the Secretary determines appropriate, the
Secretary may--
``(i) loan or donate excess non-automatic service rifles to
an eligible organization; or
``(ii) authorize an eligible organization to retain non-
automatic service rifles other than M-1 rifles.
``(B) Nothing in this paragraph shall be construed to
supersede any Federal law or regulation governing the use or
ownership of firearms.''; and
(2) by striking the section heading and inserting
the following:
``Sec. 4683. Excess non-automatic service rifles: loan or donation for
funeral and other ceremonial purposes''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 443 of such title is amended by striking
the item relating to section 4683 and inserting the following
new item:
``4683. Excess non-automatic service rifles: loan or donation for
funeral and other ceremonial purposes.''.
SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT SYSTEMS.
(a) Findings on Joint Department of Defense Federal
Aviation Administration Executive Committee on Conflict and
Dispute Resolution.--Section 1036(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4596) is amended by adding at the end
the following new paragraph:
``(9) Collaboration of scientific and technical
personnel and sharing of technical information, test
results, and resources where available from the
Department of Defense, the Federal Aviation
Administration, and the National Aeronautics and Space
Administration can advance an enduring relationship of
research capability to advance the access of unmanned
aircraft systems of the Department of Defense, the
National Aeronautics and Space Administration and other
public agencies to the National Airspace System.''.
(b) Interagency Collaboration.--
(1) In general.--The Secretary of Defense shall
collaborate with the Administrator of the Federal
Aviation Administration and the Administrator of the
National Aeronautics and Space Administration to
conduct research and seek solutions to challenges
associated with the safe integration of unmanned
aircraft systems into the National Airspace System in
accordance with subtitle B of title III of the FAA
Modernization and Reform Act of 2012 (Public Law 112-
95; 126 Stat. 72).
(2) Activities in support of plan on access to
national airspace for unmanned aircraft systems.--
Collaboration under paragraph (1) may include research
and development of scientific and technical issues,
equipment, and technology in support of the plan to
safely accelerate the integration of unmanned aircraft
systems as required by subtitle B of title III of the
FAA Modernization and Reform Act of 2012.
(3) Nonduplicative efforts.--If the Secretary of
Defense determines it is in the interest of the
Department of Defense, the Secretary may use existing
aerospace-related laboratories, personnel, equipment,
research radars, and ground facilities of the
Department of Defense to avoid duplication of efforts
in carrying out collaboration under paragraph (1).
(4) Reports.--
(A) Requirement.--The Secretary of Defense,
on behalf of the UAS Executive Committee, shall
annually submit to the congressional defense
committees, the Committee on Transportation and
Infrastructure, and the Committee on Science,
Space, and Technology of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a
report on the progress of research activity of
the Department of Defense, including--
(i) progress in accomplishing the
goals of the unmanned aircraft systems
research, development, and
demonstration as related to the
Department of Defense Final Report to
Congress on Access to National Airspace
for Unmanned Aircraft Systems of
October 2010, and any ongoing and
collaborative research and development
programs with the Federal Aviation
Administration and the National
Aeronautics and Space Administration;
(ii) estimates of long-term funding
needs and details of funds expended and
allocated in the budget requests of the
President that support integration into
the National Airspace; and
(iii) progress in sharing with the
Federal Aviation Administration safety
operational and performance data as it
relates to unmanned aircraft system
operation and the impact on the
National Airspace System.
(B) Termination.--The requirement to submit
a report under subparagraph (A) shall terminate
on the date that is 5 years after the date of
the enactment of this Act.
(c) UAS Executive Committee Defined.--In this section, the
term ``UAS Executive Committee'' means the National Aeronautics
and Space and Administration and the Department of Defense-
Federal Aviation Administration executive committee described
in section 1036(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 and established by the
Secretary of Defense and the Administrator of the Federal
Aviation Administration.
(d) Authorization of Appropriations.--There is hereby
authorized to be appropriated such sums as may be necessary to
carry out this section.
SEC. 1053. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT AMBUSH-
PROTECTED VEHICLES AND SPARE PARTS.
(a) Authority.--The Secretary of Defense is authorized to
transfer surplus Mine-Resistant Ambush-Protected vehicles,
including spare parts for such vehicles, to non-profit United
States humanitarian demining organizations for purposes of
demining activities and training of such organizations.
(b) Terms and Conditions.--Any transfer of vehicles or
spare parts under subsection (a) shall be subject to the
following terms and conditions:
(1) The transfer shall be made on a loan basis.
(2) The costs of operation and maintenance of the
vehicles shall be borne by the recipient organization.
(3) Any other terms and conditions as the Secretary
of Defense determines to be appropriate.
(c) Notification.--The Secretary of Defense shall notify
the congressional defense committees in writing not less than
60 days before making any transfer of vehicles or spare parts
under subsection (a). Such notification shall include the name
of the organization, the number and model of the vehicle to be
transferred, a listing of any spare parts to be transferred,
and any other information the Secretary considers appropriate.
SEC. 1054. NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF DEFENSE
NONDISCLOSURE AGREEMENTS.
(a) Notice Required.--The Secretary of Defense shall submit
to the congressional defense committees notice of any request
or requirement for members of the Armed Forces or civilian
employees of the Department of Defense to enter into
nondisclosure agreements that could restrict the ability of
such members or employees to communicate with Congress. Each
such notice shall include the following:
(1) The basis in law for the agreement.
(2) An explanation for the restriction of the
ability to communicate with Congress.
(3) A description of the category of individuals
requested or required to enter into the agreement.
(4) A copy of the language contained in the
agreement.
(b) Timing of Notification.--
(1) Requests or requirements before date of
enactment.--In the case of nondisclosure agreements
described in subsection (a) that members or employees
were first requested or required to enter into on or
before the date of the enactment of this Act, the
notice required by subsection (a) shall be submitted
not later than 60 days after the date of enactment.
(2) Requests or requirements after date of
enactment.--In the case of nondisclosure agreements
described in subsection (a) that members or employees
were first requested or required to enter into after
the date of the enactment of this Act, the notice
required by subsection (a) shall be submitted not later
than 30 days after the date on which the Secretary
first requests or requires that the members or
employees enter into the agreements.
SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS
GUARANTEES TO CARRIERS PARTICIPATING IN CIVIL
RESERVE AIR FLEET.
(a) Extension.--Subsection (k) of section 9515 of title 10,
United States Code, is amended by striking ``December 31,
2015'' and inserting ``December 31, 2020''.
(b) Application to All Segments of CRAF.--Such section is
further amended--
(1) in subsection (a)(3), by striking
``passenger''; and
(2) in subsection (j), by striking ``, except that
it only means such transportation for which the
Secretary of Defense has entered into a contract for
the purpose of passenger travel''.
SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF LEASE FOR AIRCRAFT
SUPPORTING THE BLUE DEVIL INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE PROGRAM.
(a) In General.--Notwithstanding section 2401 of title 10,
United States Code, the Secretary of the Air Force may extend
or renew the lease of aircraft supporting the Blue Devil
intelligence, surveillance, and reconnaissance program after
the date of the expiration of the current lease of such
aircraft for a term that is the shorter of--
(1) the period beginning on the date of the
expiration of the current lease and ending on the date
on which the Commander of the United States Central
Command notifies the Secretary that a substitute is
available for the capabilities provided by the lease,
or that the capabilities provided by such aircraft are
no longer required; or
(2) six months.
(b) Funding.--Amounts authorized to be appropriated for
fiscal year 2013 by title XV and available for Overseas
Contingency Operations for operation and maintenance as
specified in the funding tables in section 4302 may be
available for the extension or renewal of the lease authorized
by subsection (a).
SEC. 1057. RULE OF CONSTRUCTION RELATING TO PROHIBITION ON INFRINGING
ON THE INDIVIDUAL RIGHT TO LAWFULLY ACQUIRE,
POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY
OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS.
Section 1062(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4363) is amended--
(1) in paragraph (1)(B), by striking ``; or'' and
inserting a semicolon;
(2) in paragraph (2), by striking ``others.'' and
inserting ``others; or''; and
(3) by adding at the end the following new
paragraph:
``(3) authorize a health professional that is a
member of the Armed Forces or a civilian employee of
the Department of Defense or a commanding officer to
inquire if a member of the Armed Forces plans to
acquire, or already possesses or owns, a privately-
owned firearm, ammunition, or other weapon, if such
health professional or such commanding officer has
reasonable grounds to believe such member is at risk
for suicide or causing harm to others.''.
SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING ANALYSIS CENTER.
It is the sense of Congress that the Joint Warfighting
Analysis Center (JWAC) should have adequate resources to meet
the continuing requirements of the combatant commands.
SEC. 1059. LIMITATIONS ON RETIREMENT OF FIXED-WING INTRA-THEATER
AIRLIFT AIRCRAFT FOR GENERAL SUPPORT AND TIME
SENSITIVE/MISSION CRITICAL DIRECT SUPPORT AIRLIFT
MISSIONS OF THE DEPARTMENT OF DEFENSE.
(a) Limitation on Retirements.--During fiscal year 2013,
the Secretary of the Air Force shall retain an additional 32
fixed-wing, intra-theater airlift aircraft beyond the number of
such aircraft proposed to be retained in the Secretary's total
force structure proposal provided to the congressional defense
committees on November 2, 2012.
(b) Incorporation of Concept of Employment.--Not later than
June 1, 2013, the Secretary of the Air Force shall ensure that
the concept of employment for the Department of the Air Force
direct support of Department of the Army time sensitive or
mission critical intra-theater airlift mission, as agreed to by
the Vice Chiefs of Staff of the Air Force and the Army by
memorandum of agreement dated September 13, 2009, and agreed to
by the Chiefs of Staff of the Air Force and the Army and the
Vice Chairman of the Joint Chiefs of Staff, by memorandum of
understanding dated January 27, 2012, is wholly incorporated
into Department of the Air Force doctrine, strategy, tactics,
and modeling and the Air Force core capabilities of agile
combat support and rapid global mobility operations.
Subtitle G--Studies and Reports
SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT OF DEFENSE.
(a) Guidance Required.--Not later than January 1, 2013, the
Secretary of Defense shall review and update Department of
Defense guidance related to electronic warfare to ensure that
oversight roles and responsibilities within the Department
related to electronic warfare policy and programs are clearly
defined. Such guidance shall clarify, as appropriate, the roles
and responsibilities related to the integration of electronic
warfare matters and cyberspace operations.
(b) Plan Required.--Not later than October 1, 2013, the
Commander of the United States Strategic Command shall update
and issue guidance regarding the responsibilities of the
Command with regard to joint electronic warfare capabilities.
Such guidance shall--
(1) define the role and objectives of the Joint
Electromagnetic Spectrum Control Center or any other
center established in the Command to provide governance
and oversight of electronic warfare matters; and
(2) include an implementation plan outlining tasks,
metrics, and timelines to establish such a center.
(c) Additional Reporting Requirements.--Section 1053(b)(1)
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2459) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new
subparagraphs:
``(D) performance measures to guide the
implementation of such strategy;
``(E) an identification of resources and
investments necessary to implement such
strategy; and
``(F) an identification of the roles and
responsibilities within the Department to
implement such strategy.''.
SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND LIMITATIONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the congressional defense committees a report
outlining operational capabilities, limitations, and shortfalls
within the Department of Defense with respect to
counterproliferation and combating weapons of mass destruction
involving special operations forces and key enabling forces.
(b) Elements.--The report required under subsection (a)
shall include each of the following elements:
(1) An overview and assessment of current
counterproliferation and combating weapons of mass
destruction capabilities, capacity, and limitations of
special operations forces and key enabling capabilities
provided by other supporting elements of the Department
of Defense and other Government agencies.
(2) An assessment of the unique capabilities of
special operations forces to counter a proliferant's
ability to develop weapons of mass destruction,
including all phases of weaponization.
(3) An overview and assessment of current and
future training requirements and gaps, including the
adequacy and availability of training facilities
relative to paragraphs (1) and (2).
(4) An assessment of technical capability gaps
relative to paragraphs (1) and (2), including an
identification of any gaps that are unique to special
operations forces.
(5) An assessment of interagency coordination
capabilities and gaps, including intelligence support
to countering weapons of mass destruction.
(6) An assessment of current international
bilateral and multilateral partnerships and the
limitations of such partnerships, including an
assessment of existing authorities to build partnership
capacity in countering weapons of mass destruction
unique to special operations forces.
(7) A description of efforts to address the
limitations and gaps referred to in paragraphs (1)
through (6), including timelines and requirements to
address such limitations and such gaps.
(8) Any other matters the Secretary considers
appropriate.
SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report that sets forth the
following:
(1) An assessment of the feasibility and
advisability of obtaining a Federal Aviation
Administration certification for commercial use of each
of the following:
(A) A commercial variant of the C-17
aircraft.
(B) A retired C-17A aircraft.
(C) A retired C-5A aircraft.
(2) An assessment of the current limitations of the
aircraft of the Civil Reserve Air Fleet.
(3) An assessment of the potential for using the
aircraft referred to in paragraph (1) in the Civil
Reserve Air Fleet.
(4) An assessment of the advantages of adding the
aircraft referred to in paragraph (1) to the Civil
Reserve Air Fleet.
(5) An update on the status of any cooperation
between the Federal Aviation Administration and the
Department of Defense on the certification of the
aircraft referred to in paragraph (1).
(6) A description of all actions required,
including any impediments to such actions, to offering
retired C-5A aircraft or retired C-17A aircraft as
excess defense articles to United States allies or for
sale to Civil Reserve Air Fleet carriers.
(7) A description of the actions required for
interested allies or Civil Reserve Air Fleet carriers
to take delivery of excess C-5A aircraft or excess C-
17A aircraft, including the actions, modifications, or
demilitarization necessary for such recipients to take
delivery of such aircraft, and provisions for
permitting such recipients to undertake responsibility
for such actions, to the maximum extent practicable.
SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL POSITIONING SYSTEM.
Section 2281 of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).
SEC. 1065. IMPROVEMENTS TO REPORTS REQUIRED ON ACQUISITION OF
TECHNOLOGY RELATING TO WEAPONS OF MASS DESTRUCTION
AND THE THREAT POSED BY WEAPONS OF MASS
DESTRUCTION, BALLISTIC MISSILES, AND CRUISE
MISSILES.
(a) In General.--Section 234 of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367) is
amended to read as follows:
``SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF
MASS DESTRUCTION AND THE THREAT POSED BY WEAPONS OF
MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE
MISSILES.
``(a) Annual Report.--Not later than January 30 of each
year, the Secretary of Defense, in consultation with the
Director of National Intelligence, shall submit to the
appropriate congressional committees a report on the following:
``(1) The threats posed to the United States and
allies of the United States--
``(A) by weapons of mass destruction,
ballistic missiles, and cruise missiles; and
``(B) by the proliferation of weapons of
mass destruction, ballistic missiles, and
cruise missiles.
``(2) The acquisition by foreign countries during
the preceding 12 months of dual-use and other
technology useful for the development or production of
weapons of mass destruction (including nuclear weapons,
chemical weapons, and biological weapons) and advanced
conventional munitions.
``(3) Any trends with respect to the acquisition
described in paragraph (2).
``(b) Matters Included.--Each report submitted under
subsection (a) shall include the following:
``(1) Identification of each foreign country and
non-State organization that possesses weapons of mass
destruction, ballistic missiles, or cruise missiles,
and a description of such weapons and missiles with
respect to each such foreign country and non-State
organization.
``(2) A description of the means by which any
foreign country and non-State organization that has
achieved, or is making progress toward achieving,
capability with respect to weapons of mass destruction,
ballistic missiles, or cruise missiles has achieved, or
is making progress toward achieving, that capability,
including a description of the international network of
foreign countries and private entities that provide
assistance to foreign countries and non-State
organizations in achieving that capability.
``(3) An examination of the doctrines that guide
the use of weapons of mass destruction in each foreign
country that possesses such weapons.
``(4) An examination of the existence and
implementation of the control mechanisms that exist
with respect to nuclear weapons in each foreign country
that possesses such weapons.
``(5) Identification of each foreign country and
non-State organization that seeks to acquire or develop
(indigenously or with foreign assistance) weapons of
mass destruction, ballistic missiles, or cruise
missiles, and a description of such weapons and
missiles with respect to each such foreign country and
non-State organization.
``(6) An assessment of various possible timelines
for the achievement by foreign countries and non-State
organizations of capability with respect to weapons of
mass destruction, ballistic missiles, and cruise
missiles, taking into account the probability of
whether foreign countries that are a party to the
Missile Technology Control Regime will comply with and
enforce the regime, the potential availability of
assistance from foreign technical specialists, and the
potential for independent sales by foreign private
entities without authorization from their national
governments.
``(7) For each foreign country or non-State
organization that has not achieved the capability to
target the United States or its territories with
weapons of mass destruction, ballistic missiles, or
cruise missiles as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2013, an estimate of how far in advance the United
States is likely to be warned before such foreign
country or non-State organization achieves that
capability.
``(8) For each foreign country or non-State
organization that has not achieved the capability to
target members of the Armed Forces of the United States
deployed abroad with weapons of mass destruction,
ballistic missiles, or cruise missiles as of the date
of the enactment of the National Defense Authorization
Act for Fiscal Year 2013, an estimate of how far in
advance the United States is likely to be warned before
such foreign country or non-State organization achieves
that capability.
``(c) Classification.--Each report submitted under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
``(d) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means the following:
``(1) The congressional defense committees.
``(2) The congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)).
``(3) The Speaker and the minority leader of the
House of Representatives and the majority leader and
the minority leader of the Senate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85) is amended by striking the item
relating to section 234 and inserting the following new item:
``Sec. 234. Reports on acquisition of technology relating to weapons of
mass destruction and the threat posed by weapons of mass
destruction, ballistic missiles, and cruise missiles.''.
(c) Conforming Repeal.--Section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is
repealed.
SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED STATES ARMY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to Congress a report on the force structure of the Army.
(b) Elements of Report.--The report required under
subsection (a) shall include each of the following:
(1) A description of the planning assumptions and
scenarios used to determine the size and force
structure of the United States Army, including the
reserve component, for the Future Years Defense Program
for fiscal years 2014 through 2018.
(2) An evaluation of the adequacy of the proposed
force structure for meeting the goals of the national
military strategy of the United States.
(3) A description of any alternative force
structures considered, including the assessed
advantages and disadvantages of each and a brief
explanation of why those not selected were rejected.
(4) The estimated resource requirements of each of
the alternative force structures referred to in
paragraph (3).
(5) An independent risk assessment of the proposed
Army force structure, to be conducted by the Chief of
Staff of the Army.
(6) Such other information as the Secretary of the
Army determines is appropriate.
(c) Classified Annex.--The report required by subsection
(a) shall be in unclassified form but may include a classified
annex.
SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES AT SPACE AND NAVAL
WARFARE SYSTEMS COMMAND.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on plans to implement
efficiency initiatives to reduce overhead costs at all echelons
of the Space and Naval Warfare Systems Command (SPAWAR),
including a detailed description of the long-term impacts on
current and planned future mission requirements.
SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY TO EXECUTE UNITED
STATES FORCE POSTURE STRATEGY IN THE ASIA PACIFIC
REGION.
(a) Review Required.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Chairman of the Joint Chiefs of
Staff, conduct a comprehensive review of the national
defense strategy, force structure, force modernization
plans, infrastructure, budget plan, and other elements
of the defense program and policies of the United
States with regard to the Asia Pacific region to
determine the resources, equipment, and transportation
required to meet the strategic and operational plans of
the United States.
(2) Elements.--The review required under paragraph
(1) shall include the following elements:
(A) The force structure, force
modernization plans, infrastructure, budget
plan, and other elements of the defense program
of the United States associated with the Asia
Pacific region that would be required to
execute successfully the full range of missions
called for in the national defense strategy.
(B) An estimate of the timing for initial
and final operational capability for each unit
based in, realigned within, or identified for
support to the Asia Pacific region.
(C) An assessment of the strategic and
tactical sea, ground, and air transportation
required for the forces assigned to the Asia
Pacific region to meet strategic and
operational plans.
(D) The specific capabilities, including
the general number and type of specific
military platforms, their permanent station,
and planned forward operating locations needed
to achieve the strategic and warfighting
objectives identified in the review.
(E) The forward presence, phased
deployments, pre-positioning, and other
anticipatory deployments of manpower or
military equipment necessary for conflict
deterrence and adequate military response to
anticipated conflicts.
(F) The budget plan that would be required
to provide sufficient resources to execute
successfully the full range of missions and
phased operations in the Asia Pacific region at
a low-to-moderate level of risk and any
additional resources (beyond those programmed
in the current future-years defense program)
required to achieve such a level of risk.
(G) Budgetary recommendations that are not
constrained to comply with and are fully
independent of the budget submitted to Congress
by the President pursuant to section 1105 of
title 31, United States Code.
(b) CJCS Review.--Upon the completion of the review under
subsection (a), the Chairman of the Joint Chiefs of Staff shall
prepare and submit to the Secretary of Defense the Chairman's
assessment of the review, including the Chairman's assessment
of risk and a description of the capabilities needed to address
such risk.
(c) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the results of the review
required under subsection (a).
(2) Content.--The report required under paragraph
(1) shall include the following elements:
(A) A description of the elements set forth
under subsection (a)(1).
(B) A description of the assumptions used
in the examination, including assumptions
relating to--
(i) the status of readiness of the
Armed Forces;
(ii) the cooperation of allies and
partners, mission-sharing, and
additional benefits to and burdens on
the Armed Forces resulting from
coalition operations;
(iii) warning times;
(iv) levels of engagement in
operations other than war and smaller-
scale contingencies and withdrawal from
such operations and contingencies;
(v) the intensity, duration, and
military and political end-states of
conflicts and smaller-scale
contingencies; and
(vi) the roles and responsibilities
that would be discharged by
contractors.
(C) Any other matters the Secretary of
Defense considers appropriate.
(D) The full and complete assessment of the
Chairman of the Joint Chiefs of Staff under
subsection (b), including related comments of
the Secretary of Defense.
(3) Form.--The report required under paragraph (1)
may be submitted in classified or unclassified form.
SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES STUDY.
(a) In General.--Not later than two years after the date of
the enactment of this Act, the Secretary of the Interior,
acting through the Director of the United States Geological
Survey, shall complete a study of water resources in the
Rialto-Colton Basin in the State of California (in this section
referred to as the ``Basin''), including--
(1) a survey of ground water resources in the
Basin, including an analysis of--
(A) the delineation, either horizontally or
vertically, of the aquifers in the Basin,
including the quantity of water in the
aquifers;
(B) the availability of ground water
resources for human use;
(C) the salinity of ground water resources;
(D) the identification of a recent surge in
perchlorate concentrations in ground water,
whether significant sources are being flushed
through the vadose zone, or if perchlorate is
being remobilized;
(E) the identification of impacts and
extents of all source areas that contribute to
the regional plume to be fully characterized;
(F) the potential of the ground water
resources to recharge;
(G) the interaction between ground water
and surface water;
(H) the susceptibility of the aquifers to
contamination, including identifying the extent
of commingling of plume emanating within
surrounding areas in San Bernardino County,
California; and
(I) any other relevant criteria; and
(2) a characterization of surface and bedrock
geology of the Basin, including the effect of the
geology on ground water yield and quality.
(b) Coordination.--The Secretary shall carry out the study
in coordination with the State of California and any other
entities that the Secretary determines to be appropriate,
including other Federal agencies and institutions of higher
education.
(c) Report.--Upon completion of the study, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes the results of
the study.
SEC. 1070. REPORTS ON THE POTENTIAL SECURITY THREAT POSED BY BOKO
HARAM.
(a) Director of National Intelligence Report.--Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to Congress a
classified intelligence assessment of the Nigerian organization
known as Boko Haram. Such assessment shall address the
following:
(1) The organizational structure, operational
goals, and funding sources of Boko Haram.
(2) The extent to which Boko Haram threatens the
stability of Nigeria and surrounding countries.
(3) The extent to which Boko Haram threatens the
security of citizens of the United States or the
national security or interests of the United States.
(4) Any interaction between Boko Haram and al-Qaeda
in the Islamic Maghreb or other al-Qaeda affiliates
with respect to operational planning and execution,
training, and funding.
(5) The capacity of Nigerian security forces to
counter the threat posed by Boko Haram and an
assessment of the effectiveness of the strategy of the
Nigerian government to date.
(6) Any intelligence gaps with respect to the
leadership, operational goals, and capabilities of Boko
Haram.
(b) Secretary of State and Secretary of Defense Joint
Report.--Not later than 90 days after the date on which the
report required by subsection (a) is submitted to Congress, the
Secretary of State and the Secretary of Defense shall jointly
submit to Congress a classified report describing the strategy
of the United States to counter the threat posed by Boko Haram.
SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND EVALUATION
CAPABILITIES TO SUPPORT THE MATURATION OF
HYPERSONIC TECHNOLOGIES FOR FUTURE DEFENSE SYSTEMS
DEVELOPMENT.
(a) Study Required.--The Director of the Office of Science
and Technology Policy, working with the Secretary of Defense
and the Administrator of the National Aeronautics and Space
Administration (NASA), shall conduct a study on the ability of
the national test and evaluation infrastructure, including
ground test facilities and open air ranges of the Department of
Defense, and leveraging NASA and private facilities, when
appropriate, to effectively and efficiently mature hypersonic
technologies for defense systems development in the short and
long term.
(b) Report and Plan.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report containing the results of the study
required under subsection (a) together with a plan for
requirements and proposed investments to meet
Department of Defense needs through 2030.
(2) Content.--The report required under paragraph
(1) shall include the following elements:
(A) An assessment of the current condition
and adequacy of the hypersonics test and
evaluation infrastructure within the Department
of Defense, NASA, and the private sector to
support hypersonic research and development
within the Department of Defense.
(B) An identification of test and
evaluation infrastructure outside the
Department of Defense that could be used to
support Department of Defense hypersonic
research and development and assess means to
ensure the availability of such capabilities to
the Department in the present and future.
(C) A time-phased plan to acquire required
hypersonics research, development, test and
evaluation capabilities, including
identification of the resources necessary to
acquire any needed capabilities that are
currently not available.
(D) Other matters the Secretary determines
are appropriate.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Armed Services and the
Committee on Science, Space, and Technology of
the House of Representatives.
Subtitle H--Other Matters
SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments to National Defense Authorization Act for
Fiscal Year 2012.--Effective as of December 31, 2011, and as if
included therein as enacted, the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) is amended as
follows:
(1) Section 243(d) (125 Stat. 1344) is amended by
striking ``paragraph'' and inserting ``subsection''.
(2) Section 323(b) (125 Stat. 1362) is amended by
striking ``Section 328(b)(A)'' and inserting ``Section
328(b)(2)(A)''.
(3) Section 541(b) (125 Stat. 1407) is amended by
striking ``, as amended by subsection (a),''.
(4) Section 589(b) (125 Stat. 1438) is amended by
striking ``section 717'' and inserting ``section
2564''.
(5) Section 602(a)(2) (125 Stat. 1447) is amended
by striking ``repairs,'' and inserting ``repairs''.
(6) Section 631(e)(28)(A) (125 Stat. 1464) is
amended by striking ``before `In addition''' and
inserting ``before `Under regulations'''.
(7) Section 631(f)(2) (125 Stat. 1464) is amended
by striking ``table of chapter'' and inserting ``table
of chapters''.
(8) Section 631(f)(3)(B) (125 Stat. 1465) is
amended by striking ``chapter 9'' and inserting
``chapter 10''.
(9) Section 631(f)(4) (125 Stat. 1465) is amended
by striking ``subsection (c)'' both places it appears
and inserting ``subsection (d)''.
(10) Section 801 (125 Stat. 1482) is amended--
(A) in subsection (a)(1)(B), by striking
``paragraphs (6) and (7)'' and inserting
``paragraphs (5) and (6)'';
(B) in subsection (a)(2), in the matter
proposed to be inserted as a new paragraph, by
striking the double closing quotation marks
after ``capabilities'' and inserting a single
closing quotation mark; and
(C) in subsection (e)(1)(A), by striking
``Point'' in the matter proposed to be struck
and inserting ``Point A''.
(11) Section 806(d) (125 Stat. 1487) is amended by
striking ``paragraph (2)'' and inserting ``subsection
(c)(2)''.
(12) Section 832(b)(1) (125 Stat. 1504) is amended
by striking ``Defenese'' and inserting ``Defense''.
(13) Section 855 (125 Stat. 1521) is amended by
striking ``Section 139e(b)(12)'' and inserting
``Section 139c(b)(12)''.
(14) Section 864(a)(2) (125 Stat. 1522) is amended
by striking ``for Acquisition Workforce Programs'' in
the matter proposed to be struck.
(15) Section 864(d)(2) (125 Stat. 1525) is amended
to read as follows:
``(2) in paragraph (6), by striking `ensure that
amounts collected' and all that follows through the end
of the paragraph (as amended by section 526 of division
C of Public Law 112-74 (125 Stat. 914)) and inserting
`ensure that amounts collected under this section are
not used for a purpose other than the activities set
forth in section 1201(a) of this title.'.''.
(16) Section 866(a) (125 Stat. 1526) is amended by
striking ``September 30'' in the matter proposed to be
struck and inserting ``December 31''.
(17) Section 867 (125 Stat. 1526) is amended--
(A) in paragraph (1), by striking ``2010''
in the matter proposed to be struck and
inserting ``2011''; and
(B) in paragraph (2), by striking ``2013''
in the matter proposed to be struck and
inserting ``2014''.
(18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 2330
note) is amended by striking ``of this title'' in the
matter proposed to be inserted and inserting ``of title
10, United States Code''.
(19) Section 1045(c)(1) (125 Stat. 1577) is amended
by striking ``described in subsection (b)'' and
inserting ``described in paragraph (2)''.
(20) Section 1067 (125 Stat. 1589) is amended--
(A) by striking subsection (a); and
(B) by striking the subsection designation
and the subsection heading of subsection (b).
(21) Section 2702 (125 Stat. 1681) is amended--
(A) in the section heading, by striking
``authorized'' and inserting ``authorization of
appropriations for''; and
(B) by striking ``Using amounts'' and all
that follows through ``may carry out'' and
inserting ``Funds are hereby authorized to be
appropriated for fiscal years beginning after
September 30, 2011, for''.
(22) Section 2815(c) (125 Stat. 1689) is amended by
inserting ``subchapter III of'' before ``chapter 169''.
(b) Amendments to Ike Skelton National Defense
Authorization Act for Fiscal Year 2011.--Effective as of
January 7, 2011, and as if included therein as enacted, the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383) is amended as follows:
(1) Section 358(c)(3) (124 Stat. 4199) is amended
by striking ``fulfil'' and inserting ``fulfill''.
(2) Section 533(b) (124 Stat. 4216) is amended by
inserting ``Section'' before ``1559(a)''.
(3) Section 896(a) (124 Stat. 4314) is amended by
striking ``Chapter 7'' and inserting ``Chapter 4''.
(4) Section 1075(b)(50)(C) (124 Stat. 4371) is
amended by striking ``subsection (j)(1)'' and inserting
``subsection (j)''.
(5) Section 1203(a) (124 Stat. 4386) is amended in
the matter preceding paragraph (1) by striking ``Fiscal
Year 2009'' and inserting ``Fiscal Year 2008''.
(c) Amendments to Reflect Redesignation of Certain
Positions in Office of Secretary of Defense.--
(1) Assistant secretary of defense for nuclear,
chemical, and biological defense programs.--Section
1605(a)(5) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C.
2751 note) is amended by striking ``The Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs'' and inserting ``The
Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs''.
(2) Assistant secretary of defense for research
and engineering.--
(A) The following provisions are amended by
striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant
Secretary of Defense for Research and
Engineering'':
(i) Sections 2362(a)(1) and
2521(e)(5) of title 10, United States
Code.
(ii) Section 241(c) of the National
Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 10
U.S.C. 2521 note).
(iii) Section 212(b) of the Ronald
W. Reagan National Defense
Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 2358
note).
(iv) Section 246(d)(1) of the Bob
Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law
107-314; 10 U.S.C. 2358 note).
(v) Section 257(a) of the National
Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10
U.S.C. 2358 note).
(vi) Section 1101(b)(1)(D) of the
Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999
(Public Law 105-261; 5 U.S.C. 3104
note).
(vii) Section 802(g)(1)(B)(ii) of
the Higher Education Opportunity Act
(20 U.S.C. 9631(g)(1)(B)(ii)).
(B) Section 2365 of title 10, United States
Code, is amended--
(i) in subsection (a), by inserting
``of Defense for Research and
Engineering'' after ``Assistant
Secretary''; and
(ii) in subsection (d)(3)(A), by
striking ``Director'' and inserting
``Assistant Secretary''.
(C) Section 256 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 10 U.S.C. 1071 note) is amended in
subsections (b)(4) and (d) by striking
``Director, Defense'' and inserting ``Assistant
Secretary of Defense for''.
(D) Section 1504 of the Duncan Hunter
National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 2358
note) is amended--
(i) in subsection (a), by striking
``Director of Defense'' and inserting
``Assistant Secretary of Defense for'';
and
(ii) in subsection (b)(9), by
striking ``the Director of the'' and
all that follows through
``Engineering'' and inserting ``the
Director and the Assistant Secretary''.
(E) Section 802 of the National Defense
Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 10 U.S.C. 2358 note) is amended--
(i) in subsection (a), by striking
``Director of Defense'' and inserting
``Assistant Secretary of Defense for'';
(ii) in subsections (b), (d), and
(e), by striking ``Director'' and
inserting ``Assistant Secretary''; and
(iii) in subsection (f), by
striking ``Not later than'' and all
that follows through ``the Director''
and inserting ``The Assistant
Secretary''.
(F) Section 214 of the National Defense
Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 2521 note) is amended by
striking ``unless the'' and all that follows
through ``ensures'' and inserting ``unless the
Assistant Secretary of Defense for Research and
Engineering ensures''.
(3) Assistant secretary of defense for operational
energy plans and programs.--Section 2925(b) of title
10, United States Code, is amended--
(A) in paragraph (1), by striking
``Director of'' and inserting ``Assistant
Secretary of Defense for''; and
(B) in paragraph (2)(G), by striking
``Director'' both places it appears and
inserting ``Assistant Secretary''.
(d) Cross-reference Amendments in Title 10.--Title 10,
United States Code, is amended as follows:
(1) Section 1722b(c) is amended--
(A) in paragraph (3), by striking
``subsections (b)(2)(A) and (b)(2)(B)'' and
inserting ``subsections (b)(1)(A) and
(b)(1)(B)''; and
(B) in paragraph (4), by striking
``1734(d), or 1736(c)'' and inserting ``or
1734(d)''.
(2) Section 1787(b) is amended--
(A) by striking ``section 3(1)'' and
inserting ``section 3''; and
(B) by striking ``42 U.S.C. 5102'' and
inserting ``Public Law 93-247; 42 U.S.C. 5101
note''.
(3) Section 2382(b)(1) is amended by inserting ``of
the Small Business Act (15 U.S.C. 657q(c)(4))'' after
``section 44(c)(4)''.
(4) Section 2474(d) is amended by striking
``section 2667(d)'' and inserting ``section 2667(e)''.
(5) Section 2548(e)(2) is amended by striking
``section 103(f) of the Weapon Systems Acquisition
Reform Act of 2009 (10 U.S.C. 2430 note),'' and
inserting ``section 2438(f) of this title''.
(6) Section 2925 is amended--
(A) in subsection (a)(1), by striking
``section 533'' and inserting ``section 553'';
and
(B) in subsection (b)(1), by striking
``section 139b'' and inserting ``section
138c''.
(e) Date of Enactment References.--Title 10, United States
Code, is amended as follows:
(1) Section 1564(a)(2)(B) is amended by striking
``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011'' in
clauses (ii) and (iii) and inserting ``January 7,
2011''.
(2) Section 2216a(e) is amended by striking ``on
the last day of'' and all that follows and inserting
``on September 30, 2015.''.
(3) Section 2359b(k)(5) is amended by striking
``the date that is five years after the date of the
enactment of this Act'' and inserting ``January 7,
2016''.
(4) Section 2649(c) is amended by striking ``During
the 5-year period beginning on the date of the
enactment of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011'' and inserting
``Until January 6, 2016''.
(5) Section 2790(g)(1) is amended by striking ``on
or after the date of the enactment of the Ike Skelton
National Defense Authorization Act for Fiscal Year
2011'' and inserting ``after January 6, 2011,''.
(6) Sections 3911(b)(2), 6323(a)(2)(B), and
8911(b)(2) are amended by striking ``the date of the
enactment of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011'' and inserting
``January 7, 2011,''.
(7) Section 10217(d)(3) is amended by striking
``after the end of the 2-year period beginning on the
date of the enactment of this subsection'' and
inserting ``after January 6, 2013''.
(f) Other Miscellaneous Amendments to Title 10.--Title 10,
United States Code, is amended as follows:
(1) Section 113(c)(2) is amended by striking ``on''
after ``Board on''.
(2) The table of sections at the beginning of
chapter 4 is amended by striking the item relating to
section 133b.
(3) Paragraph (3) of section 138(c), as added by
section 314(a) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1357), is transferred to appear at the end of section
138c(c).
(4) Section 139a(d)(4) is amended by adding a
period at the end.
(5) Section 139b(a)(6) is amended by striking
``propriety'' and inserting ``proprietary''.
(6) The item relating to section 225 at the end of
the table of sections at the beginning of chapter 9 is
transferred to appear after the item relating to
section 224.
(7) Section 401(d) is amended by striking
``Committee on International Relations'' and inserting
``Committee on Foreign Affairs''.
(8) Section 843(b)(2)(B)(v) (article 43 of the
Uniform Code of Military Justice) is amended by
striking ``Kidnaping,,'' and inserting ``Kidnaping,''.
(9) Section 920(g)(7) (article 120 of the Uniform
Code of Military Justice) is amended by striking the
second period at the end.
(10) Section 983(b)(1) is amended by striking ``or
Secretary'' and inserting ``or the Secretary''.
(11) Section 1086(b)(1) is amended by striking
``clause (2)'' and inserting ``paragraph (2)''.
(12) Section 1142(b)(10) is amended by striking
``training,,'' and inserting ``training,''.
(13) Section 1143(a) is amended by inserting after
``Coast Guard'' the following: ``when it is not
operating as a service in the Navy''.
(14) Section 1143a(h) is amended by inserting after
``Coast Guard'' the second place it appears the
following: ``when it is not operating as a service in
the Navy''.
(15) Section 1145(e) is amended by inserting before
the period at the end the following: ``when the Coast
Guard is not operating as a service in the Navy''.
(16) Section 1146(b) is amended by inserting before
the period at the end the following: ``when the Coast
Guard is not operating as a service in the Navy''.
(17) Section 1149 is amended by inserting after
``Coast Guard'' the following: ``when it is not
operating as a service in the Navy''.
(18) Section 1150(c) is amended by inserting after
``Coast Guard'' the second place it appears the
following: ``when it is not operating as a service in
the Navy''.
(19) Section 1401(a) is amended by striking
``columns 1, 2, 3, and 4,'' in the matter preceding the
table and inserting ``columns 1, 2, and 3,''.
(20) Section 1599a(a) is amended by striking
``National Security Act'' and inserting ``National
Security Agency Act''.
(21) Section 1781(a) is amended--
(A) in the first sentence, by striking
``Director'' and inserting ``Office'';
(B) in the first sentence, by striking
``hereinafter''; and
(C) in the second sentence, by striking
``office'' both places it appears and inserting
``Office''.
(22) Section 1790, as added by section 8070 of
division A of Public 112-74 (125 Stat. 822), is
amended--
(A) by striking the section heading and
inserting the following:
``Sec. 1790. Military personnel citizenship processing'';
(B) by striking ``Authorization of
Payments.--'';
(C) by striking ``title 10, United States
Code'' and inserting ``this title'';
(D) by striking ``8 U.S.C. Sec. Sec.
1439'' and inserting ``8 U.S.C. 1439''; and
(E) by striking ``sections 286(m) and (n)
of such Act (8 U.S.C. Sec. 1356(m))'' and
inserting ``subsections (m) and (n) of section
286 of such Act (8 U.S.C. 1356)''.
(23) Section 2006(b)(2) is amended by redesignating
the second subparagraph (E) (as added by section
109(b)(2)(B) of Public Law 111-377 (124 Stat. 4120),
effective August 1, 2011) as subparagraph (F).
(24) Section 2318(a)(2) is amended by striking
``section 1705(b) and (c)'' and inserting ``subsections
(b) and (c) of section 1705''.
(25) Section 2350m(e) is amended by striking ``Not
later than October 31, 2009, and annually thereafter''
and inserting ``Not later than October 31 each year''.
(26) Section 2401 is amended by striking ``the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on Armed
Services and the Committee on Appropriations of the
House of Representatives'' in subsections (b)(1)(B) and
(h)(1) and inserting ``the congressional defense
committees''.
(27) Section 2438(a)(3) is amended by inserting
``the senior'' before ``official's''.
(28) Section 2461(d)(2) is amended by striking
``that Act'' and inserting ``such section''.
(29) Section 2533a(k) is amended by striking
``FedBizOps.gov'' and inserting ``FedBizOpps.gov''.
(30) Section 2548 is amended--
(A) in subsection (a)--
(i) by striking ``Not later than''
and all that follows through ``the
Secretary'' and inserting ``The
Secretary''; and
(ii) by adding a period at the end
of paragraph (3);
(B) in subsection (d)--
(i) in the subsection heading, by
inserting ``and'' after ``Performance''
the second place it appears; and
(ii) by striking ``Beginning with
fiscal year 2012, the'' and inserting
``The''; and
(C) in subsection (e)(1), by striking ``,
United States Code,''.
(31) Section 2561(f)(2) is amended by striking
``Committee on International Relations'' and inserting
``Committee on Foreign Affairs''.
(32) Section 2601a(a)(1) is amended by inserting
after ``Coast Guard'' the first place it appears the
following: ``when it is not operating as a service in
the Navy''.
(33) Section 2687(f) is amended by striking ``at a
result'' and inserting ``as a result''.
(34) Section 2687a is amended--
(A) in subsection (a), by striking
``Foreign relations'' and inserting ``Foreign
Relations''; and
(B) in subsection (b)(1)--
(i) by striking the comma after
``including''; and
(ii) by striking ``The Treaty'' and
inserting ``the Treaty''.
(35) Section 2835 is amended--
(A) in subsection (a), by inserting after
``Coast Guard'' the following: ``when it is not
operating as a service in the Navy''; and
(B) in subsection (g)(1), by inserting
after ``Coast Guard'' the following: ``when it
is not operating as a service in the Navy''.
(36) Section 2836 is amended--
(A) in subsection (a), by inserting after
``Coast Guard'' the following: ``when it is not
operating as a service in the Navy''; and
(B) in paragraphs (4)(B) and (11) of
subsection (c), by inserting after ``Coast
Guard'' the following: ``when it is not
operating as a service in the Navy''.
(37) Section 3201(a) is amended by striking
``(beginning with fiscal year 1999)''.
(38) Section 4342 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``clause'' both places it appears and
inserting ``paragraph''; and
(ii) in paragraph (5), by striking
``clauses'' and inserting
``paragraphs'';
(B) in subsection (d), by striking
``clauses'' and inserting ``paragraphs''; and
(C) in subsection (f), by striking
``clauses'' and inserting ``paragraphs''.
(39) Section 4343 is amended by striking
``clauses'' and inserting ``paragraphs''.
(40) Section 6954 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``clause'' both places it appears and
inserting ``paragraph''; and
(ii) in paragraph (5), by striking
``clauses'' and inserting
``paragraphs''; and
(B) in subsection (d), by striking
``clauses'' and inserting ``paragraphs''.
(41) Section 6956(b) is amended by striking
``clauses'' and inserting ``paragraphs''.
(42) Section 9342 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``clause'' both places it appears and
inserting ``paragraph''; and
(ii) in paragraph (5), by striking
``clauses'' and inserting
``paragraphs'';
(B) in subsection (d), by striking
``clauses'' and inserting ``paragraphs''; and
(C) in subsection (f), by striking
``clauses'' and inserting ``paragraphs''.
(43) Section 9343 is amended by striking
``clauses'' and inserting ``paragraphs''.
(44) Section 9515(b) is amended by striking
``required by'' and all the follows through ``2008''
and inserting ``required by section 356 of the National
Defense Authorization Act for Fiscal Year 2008''.
(45) Section 10217(c)(3) is amended by striking
``consider'' and inserting ``considered''.
(g) Repeal of Expired Provisions.--Title 10, United States
Code, is amended as follows:
(1) Section 1108 is amended--
(A) by striking subsections (j) and (k);
and
(B) by redesignating subsection (l) as
subsection (j).
(2) Section 2325 is amended by striking subsection
(b) and redesignating subsection (c) as subsection (b).
(3) Section 2349a is repealed, and the table of
sections at the beginning of subchapter I of chapter
138 is amended by striking the item relating to that
section.
(4) Section 2374b is repealed, and the table of
sections at the beginning of chapter 139 is amended by
striking the item relating to that section.
(h) Amendments to Title 37.--Title 37, United States Code,
is amended as follows:
(1) Section 310(c)(1) is amended by striking
``section for for'' and inserting ``section for''.
(2) Section 431, as transferred to chapter 8 of
such title by section 631(d)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1460), is redesignated as section 491.
(3) Section 501(a)(5) is amended by striking ``a
reserve a component'' and inserting ``a reserve
component''.
(i) Amendment to Title 46.--Section 51301(a) of title 46,
United States Code, is amended in the heading by striking ``IN
General'' and inserting ``In General''.
(j) Duplicative Provision in Armed Forces Retirement Home
Act of 1991.--Section 1511(d) of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 411(d)) is amended by striking the
first paragraph (3), leaving the second paragraph (3) added by
section 561 of Public Law 112-81 (125 Stat. 1420).
(k) Cross References and Date of Enactment References in
Reinstatement of Temporary Early Retirement Authority.--Section
4403 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 10 U.S.C. 1293 note), as amended by
section 504(b) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1391), is
amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``1995
('' and inserting ``1995 (Public Law 103-
337;''; and
(B) in subparagraph (B), by striking
``1995'' and inserting ``1996'';
(2) in subsection (h), by striking ``the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2012'' and inserting ``December 31,
2011,''; and
(3) in subsection (i)(2), by striking ``the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2012'' and inserting ``December 31,
2011,''.
(l) Correction of Erroneous Amendment Instructions.--
Effective as of August 10, 2012, and as if included therein as
enacted, section 2(c)(3) of Public Law 112-166 (126 Stat. 1284)
is amended by striking ``Selective Service Act of 1948'' and
inserting ``Military Selective Service Act''.
(m) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of this
Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any amendment made by other provisions of this Act.
SEC. 1077. SENSE OF CONGRESS ON RECOGNIZING AIR MOBILITY COMMAND ON ITS
20TH ANNIVERSARY.
(a) Findings.--Congress finds the following:
(1) On June 1, 1992, Air Mobility Command was
established as the Air Force's functional command for
cargo and passenger delivery, air refueling, and
aeromedical evacuation.
(2) As the lead Major Command for all Mobility Air
Forces, Air Mobility Command ensures that the Air
Force's core functions of global vigilance, power, and
reach are fulfilled.
(3) The ability of the United States to rapidly
respond to humanitarian disasters and the outbreak of
hostilities anywhere in the world truly defines the
United States as a global power.
(4) Mobility Air Forces Airmen are unified by one
single purpose: to answer the call of others so they
may prevail.
(5) The United States' hand of friendship to the
world many times takes the form of Mobility Air Forces
aircraft delivering humanitarian relief. Since its
inception, Air Mobility Command has provided forces for
43 humanitarian relief efforts at home and abroad, from
New Orleans, Louisiana, to Bam, Iran.
(6) A Mobility Air Forces aircraft departs every 2
minutes, 365 days a year. Since September 11, 2001,
Mobility Air Forces aircraft have flown 18.9 million
passengers, 6.8 million tons of cargo, and offloaded
2.2 billion pounds of fuel. Many of these flights have
assisted combat aircraft protection United States
forces from overhead.
(7) The United States keeps its solemn promise to
its men and women in uniform with Air Mobility Command,
accomplishing 186,940 patient movements since the
beginning of Operation Iraqi Freedom.
(8) Mobility Air Forces Airmen reflect the best
values of the Nation: delivering hope, saving lives,
and fueling the fight.
(b) Sense of Congress.--It is the sense of Congress that,
on the occasion of the 20th anniversary of the establishment of
Air Mobility Command, the people of the United States should--
(1) recognize the critical role that Mobility Air
Forces play in the Nation's defense; and
(2) express appreciation for the leadership of Air
Mobility Command and the more than 134,000 active-duty,
Air National Guard, Air Force Reserve, and Department
of Defense civilians that make up the command.
SEC. 1078. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES.
(a) United States Information and Educational Exchange Act
of 1948.--Section 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to
read as follows:
``GENERAL AUTHORIZATION
``Sec. 501. (a) The Secretary and the Broadcasting Board
of Governors are authorized to use funds appropriated or
otherwise made available for public diplomacy information
programs to provide for the preparation, dissemination, and use
of information intended for foreign audiences abroad about the
United States, its people, and its policies, through press,
publications, radio, motion pictures, the Internet, and other
information media, including social media, and through
information centers, instructors, and other direct or indirect
means of communication.
``(b)(1) Except as provided in paragraph (2), the Secretary
and the Broadcasting Board of Governors may, upon request and
reimbursement of the reasonable costs incurred in fulfilling
such a request, make available, in the United States, motion
pictures, films, video, audio, and other materials disseminated
abroad pursuant to this Act, the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.).
Any reimbursement pursuant to this paragraph shall be credited
to the applicable appropriation account of the Department of
State or the Broadcasting Board of Governors, as appropriate.
The Secretary and the Broadcasting Board of Governors shall
issue necessary regulations--
``(A) to establish procedures to maintain such
material;
``(B) for reimbursement of the reasonable costs
incurred in fulfilling requests for such material; and
``(C) to ensure that the persons seeking release of
such material have secured and paid for necessary
United States rights and licenses.
``(2) With respect to material disseminated abroad before
the effective date of section 1078 of the National Defense
Authorization Act for Fiscal Year 2013--
``(A) the Secretary and the Broadcasting Board of
Governors shall make available to the Archivist of the
United States, for domestic distribution, motion
pictures, films, videotapes, and other material 12
years after the initial dissemination of the material
abroad; and
``(B) the Archivist shall be the official custodian
of the material and shall issue necessary regulations
to ensure that persons seeking its release in the
United States have secured and paid for necessary
United States rights and licenses and that all costs
associated with the provision of the material by the
Archivist shall be paid by the persons seeking its
release, in accordance with paragraph (4).
``(3) The Archivist may undertake the functions described
in paragraph (1) on behalf of and at the request of the
Secretary or the Broadcasting Board of Governors.
``(4) The Archivist may charge fees to recover the costs
described in paragraphs (1) and (2), in accordance with section
2116(c) of title 44, United States Code. Such fees shall be
paid into, administered, and expended as part of the National
Archives Trust Fund.
``(c) Nothing in this section may be construed to require
the Secretary or the Broadcasting Board of Governors to make
material disseminated abroad available in any format other than
in the format disseminated abroad.''.
(b) Rule of Construction.--Nothing in this section, or in
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1431 et seq.), may be construed to affect the
allocation of funds appropriated or otherwise made specifically
available for public diplomacy or to authorize appropriations
for Broadcasting Board of Governors programming other than for
foreign audiences abroad.
(c) Foreign Relations Authorization Act, Fiscal Years 1986
and 1987.--Section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended
to read as follows:
``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.
``(a) In General.--No funds authorized to be appropriated
to the Department of State or the Broadcasting Board of
Governors shall be used to influence public opinion in the
United States. This section shall apply only to programs
carried out pursuant to the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the
United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C.
1465 et seq.), and the Television Broadcasting to Cuba Act (22
U.S.C. 1465aa et seq.). This section shall not prohibit or
delay the Department of State or the Broadcasting Board of
Governors from providing information about its operations,
policies, programs, or program material, or making such
available, to the media, public, or Congress, in accordance
with other applicable law.
``(b) Rule of Construction.--Nothing in this section shall
be construed to prohibit the Department of State or the
Broadcasting Board of Governors from engaging in any medium or
form of communication, either directly or indirectly, because a
United States domestic audience is or may be thereby exposed to
program material, or based on a presumption of such exposure.
Such material may be made available within the United States
and disseminated, when appropriate, pursuant to sections 502
and 1005 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that
nothing in this section may be construed to authorize the
Department of State or the Broadcasting Board of Governors to
disseminate within the United States any program material
prepared for dissemination abroad on or before the effective
date of section 1078 of the National Defense Authorization Act
for Fiscal Year 2013.
``(c) Application.--The provisions of this section shall
apply only to the Department of State and the Broadcasting
Board of Governors and to no other department or agency of the
Federal Government.''.
(d) Conforming Amendments.--The United States Information
and Educational Exchange Act of 1948 is amended--
(1) in section 502 (22 U.S.C. 1462)--
(A) by inserting ``and the Broadcasting
Board of Governors'' after ``Secretary''; and
(B) by inserting ``or the Broadcasting
Board of Governors'' after ``Department''; and
(2) in section 1005 (22 U.S.C. 1437), by inserting
``and the Broadcasting Board of Governors'' after
``Secretary'' each place it appears.
(e) Effective Date.--This section shall take effect and
apply on the date that is 180 days after the date of the
enactment of this section.
SEC. 1079. COORDINATION FOR COMPUTER NETWORK OPERATIONS.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the interagency process for
coordinating and de-conflicting full-spectrum military cyber
operations for the Federal Government.
(b) Elements.-- The briefing required under subsection (a)
shall include a description of each of the following:
(1) The business processes and rules governing the
interagency process for coordinating and de-conflicting
full-spectrum military cyber operations.
(2) The membership and responsibilities of such
interagency process.
(3) The current status of interagency guidance
clarifying roles and responsibilities for full-spectrum
military cyber operations.
(4) Plans for implementing the planning and
guidance from such interagency process.
(c) Budget Justification Documents.--The Secretary of
Defense shall submit to the congressional defense committees
dedicated budget documentation materials to accompany the
budget submissions for fiscal year 2015 and each subsequent
fiscal year, including a single Department of Defense-wide
budget estimate and detailed budget planning data for full-
spectrum military cyberspace operations. Such materials shall
be submitted in unclassified form but may include a classified
annex.
SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURES OF
CLASSIFIED INFORMATION.
It is the sense of Congress that--
(1) unauthorized disclosures of classified
information can threaten the national security and
foreign relations of the United States;
(2) the Department of Defense has taken positive
steps toward improving its policies, procedures, and
enforcement mechanisms regarding unauthorized
disclosures of classified information and should
continue to improve upon such policies, procedures, and
enforcement mechanisms;
(3) other departments and agencies of the Federal
Government should undertake similar efforts, if such
departments and agencies have not already done so; and
(4) the Department of Justice should investigate
possible violations of Federal law related to
unauthorized disclosures of classified information,
including disclosures related to military,
intelligence, and operational capabilities of the
United States and allies of the United States and, in
appropriate cases, individuals responsible for such
unauthorized disclosures should be prosecuted to the
full extent of the law.
SEC. 1081. TECHNICAL AMENDMENTS TO REPEAL STATUTORY REFERENCES TO
UNITED STATES JOINT FORCES COMMAND.
Title 10, United States Code, is amended as follows:
(1)(A) Section 232 is repealed.
(B) The table of sections at the beginning of
chapter 9 is amended by striking the item relating to
section 232.
(2) Section 2859(d) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as
paragraph (2).
(3) Section 10503(13)(B) is amended--
(A) by striking clause (iii); and
(B) redesignating clause (iv) as clause
(iii).
SEC. 1082. SENSE OF CONGRESS ON NON-UNITED STATES CITIZENS WHO ARE
GRADUATES OF UNITED STATES EDUCATIONAL INSTITUTIONS
WITH ADVANCED DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS.
It is the sense of Congress--
(1) that the Department of Defense should make
every reasonable and practical effort to increase the
number of United States citizens who pursue advanced
degrees in science, technology, engineering, and
mathematics; and
(2) to strongly urge the Department of Defense to
investigate innovative mechanisms (subject to all
appropriate security requirements) to access the pool
of talent of non-United States citizens with advanced
scientific and technical degrees from United States
institutions of higher education, especially in those
scientific and technical areas that are most vital to
the national defense (such as those identified by the
Assistant Secretary of Defense for Research and
Engineering and the Armed Forces).
SEC. 1083. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
Subpart 1 of part C of title IV of the Public Health
Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
``(a) Development of Scientific Framework.--
``(1) In general.--For each recalcitrant cancer
identified under subsection (b), the Director of the
Institute shall develop (in accordance with subsection
(c)) a scientific framework for the conduct or support
of research on such cancer.
``(2) Contents.--The scientific framework with
respect to a recalcitrant cancer shall include the
following:
``(A) Current status.--
``(i) Review of literature.--A
summary of findings from the current
literature in the areas of--
``(I) the prevention,
diagnosis, and treatment of
such cancer;
``(II) the fundamental
biologic processes that
regulate such cancer (including
similarities and differences of
such processes from the
biological processes that
regulate other cancers); and
``(III) the epidemiology of
such cancer.
``(ii) Scientific advances.--The
identification of relevant emerging
scientific areas and promising
scientific advances in basic,
translational, and clinical science
relating to the areas described in
subclauses (I) and (II) of clause (i).
``(iii) Researchers.--A description
of the availability of qualified
individuals to conduct scientific
research in the areas described in
clause (i).
``(iv) Coordinated research
initiatives.--The identification of the
types of initiatives and partnerships
for the coordination of intramural and
extramural research of the Institute in
the areas described in clause (i) with
research of the relevant national
research institutes, Federal agencies,
and non-Federal public and private
entities in such areas.
``(v) Research resources.--The
identification of public and private
resources, such as patient registries
and tissue banks, that are available to
facilitate research relating to each of
the areas described in clause (i).
``(B) Identification of research
questions.--The identification of research
questions relating to basic, translational, and
clinical science in the areas described in
subclauses (I) and (II) of subparagraph (A)(i)
that have not been adequately addressed with
respect to such recalcitrant cancer.
``(C) Recommendations.--Recommendations for
appropriate actions that should be taken to
advance research in the areas described in
subparagraph (A)(i) and to address the research
questions identified in subparagraph (B), as
well as for appropriate benchmarks to measure
progress on achieving such actions, including
the following:
``(i) Researchers.--Ensuring
adequate availability of qualified
individuals described in subparagraph
(A)(iii).
``(ii) Coordinated research
initiatives.--Promoting and developing
initiatives and partnerships described
in subparagraph (A)(iv).
``(iii) Research resources.--
Developing additional public and
private resources described in
subparagraph (A)(v) and strengthening
existing resources.
``(3) Timing.--
``(A) Initial development and subsequent
update.--For each recalcitrant cancer
identified under subsection (b)(1), the
Director of the Institute shall--
``(i) develop a scientific
framework under this subsection not
later than 18 months after the date of
the enactment of this section; and
``(ii) review and update the
scientific framework not later than 5
years after its initial development.
``(B) Other updates.--The Director of the
Institute may review and update each scientific
framework developed under this subsection as
necessary.
``(4) Public notice.--With respect to each
scientific framework developed under subsection (a),
not later than 30 days after the date of completion of
the framework, the Director of the Institute shall--
``(A) submit such framework to the
Committee on Energy and Commerce and Committee
on Appropriations of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions and Committee on
Appropriations of the Senate; and
``(B) make such framework publically
available on the Internet website of the
Department of Health and Human Services.
``(b) Identification of Recalcitrant Cancer.--
``(1) In general.--Not later than 6 months after
the date of the enactment of this section, the Director
of the Institute shall identify two or more
recalcitrant cancers that each--
``(A) have a 5-year relative survival rate
of less than 20 percent; and
``(B) are estimated to cause the death of
at least 30,000 individuals in the United
States per year.
``(2) Additional cancers.--The Director of the
Institute may, at any time, identify other recalcitrant
cancers for purposes of this section. In identifying a
recalcitrant cancer pursuant to the previous sentence,
the Director may consider additional metrics of
progress (such as incidence and mortality rates)
against such type of cancer.
``(c) Working Groups.--For each recalcitrant cancer
identified under subsection (b), the Director of the Institute
shall convene a working group comprised of representatives of
appropriate Federal agencies and other non-Federal entities to
provide expertise on, and assist in developing, a scientific
framework under subsection (a). The Director of the Institute
(or the Director's designee) shall participate in the meetings
of each such working group.
``(d) Reporting.--
``(1) Biennial reports.--The Director of NIH shall
ensure that each biennial report under section 403
includes information on actions undertaken to carry out
each scientific framework developed under subsection
(a) with respect to a recalcitrant cancer, including
the following:
``(A) Information on research grants
awarded by the National Institutes of Health
for research relating to such cancer.
``(B) An assessment of the progress made in
improving outcomes (including relative survival
rates) for individuals diagnosed with such
cancer.
``(C) An update on activities pertaining to
such cancer under the authority of section
413(b)(7).
``(2) Additional one-time report for certain
frameworks.--For each recalcitrant cancer identified
under subsection (b)(1), the Director of the Institute
shall, not later than 6 years after the initial
development of a scientific framework under subsection
(a), submit a report to the Congress on the
effectiveness of the framework (including the update
required by subsection (a)(3)(A)(ii)) in improving the
prevention, detection, diagnosis, and treatment of such
cancer.
``(e) Recommendations for Exception Funding.--The Director
of the Institute shall consider each relevant scientific
framework developed under subsection (a) when making
recommendations for exception funding for grant applications.
``(f) Definition.--In this section, the term `recalcitrant
cancer' means a cancer for which the five-year relative
survival rate is below 50 percent.''.
SEC. 1084. PROTECTION OF VETERANS' MEMORIALS.
(a) Transportation of Stolen Materials.--Section 2314 of
title 18, United States Code, is amended--
(1) by striking ``or any part thereof--'' and
inserting the following: ``or any part thereof; or'';
(2) by inserting before ``Shall be fined under this
title'' the following:
``Whoever transports, transmits, or transfers in interstate
or foreign commerce any veterans' memorial object, knowing the
same to have been stolen, converted or taken by fraud--'';
(3) by inserting after ``under this section is
greater.'' the following: ``If the offense involves the
transportation, transmission, or transfer in interstate
or foreign commerce of veterans' memorial objects with
a value, in the aggregate, of less than $1,000, the
defendant shall be fined under this title or imprisoned
not more than one year, or both.''; and
(4) by adding at the end the following:
``For purposes of this section the term `veterans' memorial
object' means a grave marker, headstone, monument, or other
object, intended to permanently honor a veteran or mark a
veteran's grave, or any monument that signifies an event of
national military historical significance.''.
(b) Sale or Receipt of Stolen Memorials.--Section 2315 of
title 18, United States Code, is amended--
(1) by striking ``or any part thereof--'' and
inserting the following: ``or any part thereof; or'';
and
(2) by inserting before ``Shall be fined under this
title'' the following:
```Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any veterans' memorial object which has
crossed a State or United States boundary after being stolen,
unlawfully converted, or taken, knowing the same to have been
stolen, unlawfully converted, or taken--''';
(3) by inserting after ``under this section is
greater.'' the following: ``If the offense involves the
receipt, possession, concealment, storage, barter,
sale, or disposal of veterans' memorial objects with a
value, in the aggregate, of less than $1,000, the
defendant shall be fined under this title or imprisoned
not more than one year, or both.''; and
(4) by adding at the end the following: ``For
purposes of this section the term `veterans' memorial
object' means a grave marker, headstone, monument, or
other object, intended to permanently honor a veteran
or mark a veteran's grave, or any monument that
signifies an event of national military historical
significance.''.
SEC. 1085. SENSE OF CONGRESS REGARDING SPECTRUM.
It is the sense of Congress that--
(1) the United States mobile communications
industry is a significant economic engine;
(2) while wireless carriers are continually
implementing new and more efficient technologies and
techniques to maximize their existing spectrum
capacity, there is a pressing need for additional
spectrum for mobile broadband services;
(3) as the United States faces the growing demand
for spectrum, consideration should be given to both the
supply of spectrum for licensed networks and for
unlicensed devices;
(4) while such growing demand can be met in part by
reallocating spectrum from existing non-governmental
uses, the long-term solution must include reallocation
and sharing of Federal Government spectrum for private
sector use;
(5) recognizing the important uses of spectrum by
the Federal Government, including for national
security, law enforcement, and other critical Federal
uses, existing law ensures that Federal operations are
not harmed as a result of a reallocation of spectrum
for commercial use, including through the establishment
of the Spectrum Relocation Fund to reimburse Federal
users for the costs of planning and implementing
relocation and sharing arrangements and, with respect
to spectrum vacated by the Department of Defense,
certification under section 1062(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 768) by the Secretary of Defense,
the Secretary of Commerce, and the Chairman of the
Joint Chiefs of Staff that replacement spectrum
provides comparable technical characteristics to
restore essential military capability; and
(6) given the need to determine equitable outcomes
for the United States in relation to spectrum use that
balance the demand of the private sector for spectrum
with national security and other critical Federal
missions, all interested parties should be encouraged
to continue the collaborative efforts between industry
and government stakeholders that have been launched by
the National Telecommunications and Information
Administration to assess and recommend practical
frameworks for the development of relocation,
transition, and sharing arrangement and plans for 110
megahertz of Federal spectrum in the 1695-1710 MHz and
the 1755-1850 MHz bands.
SEC. 1086. PUBLIC SAFETY OFFICERS' BENEFITS PROGRAM.
(a) Short Title.--This section may be cited as the ``Dale
Long Public Safety Officers' Benefits Improvements Act of
2012''.
(b) Benefits for Certain Nonprofit Emergency Medical
Service Providers; Miscellaneous Amendments.--
(1) In general.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended--
(A) in section 901(a) (42 U.S.C. 3791(a))--
(i) in paragraph (26), by striking
``and'' at the end;
(ii) in paragraph (27), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(28) the term `hearing examiner' includes any
medical or claims examiner.'';
(B) in section 1201 (42 U.S.C. 3796)--
(i) in subsection (a), by striking
``follows:'' and all that follows and
inserting the following: ``follows (if
the payee indicated is living on the
date on which the determination is
made)--
``(1) if there is no child who survived the public
safety officer, to the surviving spouse of the public
safety officer;
``(2) if there is at least 1 child who survived the
public safety officer and a surviving spouse of the
public safety officer, 50 percent to the surviving
child (or children, in equal shares) and 50 percent to
the surviving spouse;
``(3) if there is no surviving spouse of the public
safety officer, to the surviving child (or children, in
equal shares);
``(4) if there is no surviving spouse of the public
safety officer and no surviving child--
``(A) to the surviving individual (or
individuals, in shares per the designation, or,
otherwise, in equal shares) designated by the
public safety officer to receive benefits under
this subsection in the most recently executed
designation of beneficiary of the public safety
officer on file at the time of death with the
public safety agency, organization, or unit; or
``(B) if there is no individual qualifying
under subparagraph (A), to the surviving
individual (or individuals, in equal shares)
designated by the public safety officer to
receive benefits under the most recently
executed life insurance policy of the public
safety officer on file at the time of death
with the public safety agency, organization, or
unit;
``(5) if there is no individual qualifying under
paragraph (1), (2), (3), or (4), to the surviving
parent (or parents, in equal shares) of the public
safety officer; or
``(6) if there is no individual qualifying under
paragraph (1), (2), (3), (4), or (5), to the surviving
individual (or individuals, in equal shares) who would
qualify under the definition of the term `child' under
section 1204 but for age.'';
(ii) in subsection (b)--
(I) by striking ``direct
result of a catastrophic'' and
inserting ``direct and
proximate result of a
personal'';
(II) by striking ``pay,''
and all that follows through
``the same'' and inserting
``pay the same'';
(III) by striking ``in any
year'' and inserting ``to the
public safety officer (if
living on the date on which the
determination is made)'';
(IV) by striking ``in such
year, adjusted'' and inserting
``with respect to the date on
which the catastrophic injury
occurred, as adjusted'';
(V) by striking ``, to such
officer'';
(VI) by striking ``the
total'' and all that follows
through ``For'' and inserting
``for''; and
(VII) by striking ``That
these'' and all that follows
through the period, and
inserting ``That the amount
payable under this subsection
shall be the amount payable as
of the date of catastrophic
injury of such public safety
officer.'';
(iii) in subsection (f)--
(I) in paragraph (1), by
striking ``, as amended (D.C.
Code, sec. 4-622); or'' and
inserting a semicolon;
(II) in paragraph (2)--
(aa) by striking
``. Such beneficiaries
shall only receive
benefits under such
section 8191 that'' and
inserting ``, such that
beneficiaries shall
receive only such
benefits under such
section 8191 as''; and
(bb) by striking
the period at the end
and inserting ``; or'';
and
(III) by adding at the end
the following:
``(3) payments under the September 11th Victim
Compensation Fund of 2001 (49 U.S.C. 40101 note; Public
Law 107-42).'';
(iv) by amending subsection (k) to
read as follows:
``(k) As determined by the Bureau, a heart attack, stroke,
or vascular rupture suffered by a public safety officer shall
be presumed to constitute a personal injury within the meaning
of subsection (a), sustained in the line of duty by the officer
and directly and proximately resulting in death, if--
``(1) the public safety officer, while on duty--
``(A) engages in a situation involving
nonroutine stressful or strenuous physical law
enforcement, fire suppression, rescue,
hazardous material response, emergency medical
services, prison security, disaster relief, or
other emergency response activity; or
``(B) participates in a training exercise
involving nonroutine stressful or strenuous
physical activity;
``(2) the heart attack, stroke, or vascular rupture
commences--
``(A) while the officer is engaged or
participating as described in paragraph (1);
``(B) while the officer remains on that
duty after being engaged or participating as
described in paragraph (1); or
``(C) not later than 24 hours after the
officer is engaged or participating as
described in paragraph (1); and
``(3) the heart attack, stroke, or vascular rupture
directly and proximately results in the death of the
public safety officer,
unless competent medical evidence establishes that the heart
attack, stroke, or vascular rupture was unrelated to the
engagement or participation or was directly and proximately
caused by something other than the mere presence of
cardiovascular-disease risk factors.''; and
(v) by adding at the end the
following:
``(n) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation of
beneficiary or executed life insurance policy for purposes of
subsection (a)(4) shall maintain the confidentiality of the
designation or policy in the same manner as the agency,
organization, or unit maintains personnel or other similar
records of the public safety officer.'';
(C) in section 1202 (42 U.S.C. 3796a)--
(i) by striking ``death'', each
place it appears except the second
place it appears, and inserting
``fatal''; and
(ii) in paragraph (1), by striking
``or catastrophic injury'' the second
place it appears and inserting ``,
disability, or injury'';
(D) in section 1203 (42 U.S.C. 3796a-1)--
(i) in the section heading, by
striking ``who have died in the line of
duty'' and inserting ``who have
sustained fatal or catastrophic injury
in the line of duty''; and
(ii) by striking ``who have died in
the line of duty'' and inserting ``who
have sustained fatal or catastrophic
injury in the line of duty'';
(E) in section 1204 (42 U.S.C. 3796b)--
(i) in paragraph (1), by striking
``consequences of an injury that'' and
inserting ``an injury, the direct and
proximate consequences of which'';
(ii) in paragraph (3)--
(I) in the matter preceding
clause (i)--
(aa) by inserting
``or permanently and
totally disabled''
after ``deceased''; and
(bb) by striking
``death'' and inserting
``fatal or catastrophic
injury''; and
(II) by redesignating
clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and
(C), respectively;
(iii) in paragraph (5)--
(I) by striking ``post-
mortem'' each place it appears
and inserting ``post-injury'';
(II) by redesignating
clauses (i) and (ii) as
subparagraphs (A) and (B),
respectively; and
(III) in subparagraph (B),
as so redesignated, by striking
``death'' and inserting ``fatal
or catastrophic injury'';
(iv) in paragraph (7), by striking
``public employee member of a rescue
squad or ambulance crew;'' and
inserting ``employee or volunteer
member of a rescue squad or ambulance
crew (including a ground or air
ambulance service) that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit
entity serving the public that--
``(i) is officially authorized or
licensed to engage in rescue activity
or to provide emergency medical
services; and
``(ii) engages in rescue activities
or provides emergency medical services
as part of an official emergency
response system;''; and
(v) in paragraph (9)--
(I) in subparagraph (A), by
striking ``as a chaplain, or as
a member of a rescue squad or
ambulance crew;'' and inserting
``or as a chaplain;'';
(II) in subparagraph
(B)(ii), by striking ``or''
after the semicolon;
(III) in subparagraph
(C)(ii), by striking the period
and inserting ``; or''; and
(IV) by adding at the end
the following:
``(D) a member of a rescue squad or
ambulance crew who, as authorized or licensed
by law and by the applicable agency or entity,
is engaging in rescue activity or in the
provision of emergency medical services.'';
(F) in section 1205 (42 U.S.C. 3796c), by
adding at the end the following:
``(d) Unless expressly provided otherwise, any reference in
this part to any provision of law not in this part shall be
understood to constitute a general reference under the doctrine
of incorporation by reference, and thus to include any
subsequent amendments to the provision.'';
(G) in each of subsections (a) and (b) of
section 1212 (42 U.S.C. 3796d-1), sections 1213
and 1214 (42 U.S.C. 3796d-2 and 3796d-3), and
subsections (b) and (c) of section 1216 (42
U.S.C. 3796d-5), by striking ``dependent'' each
place it appears and inserting ``person'';
(H) in section 1212 (42 U.S.C. 3796d-1)--
(i) in subsection (a)--
(I) in paragraph (1), in
the matter preceding
subparagraph (A), by striking
``Subject'' and all that
follows through ``, the'' and
inserting ``The''; and
(II) in paragraph (3), by
striking ``reduced by'' and all
that follows through ``(B) the
amount'' and inserting
``reduced by the amount'';
(ii) in subsection (c)--
(I) in the subsection
heading, by striking
``Dependent''; and
(II) by striking
``dependent'';
(I) in paragraphs (2) and (3) of section
1213(b) (42 U.S.C. 3796d-2(b)), by striking
``dependent's'' each place it appears and
inserting ``person's'';
(J) in section 1216 (42 U.S.C. 3796d-5)--
(i) in subsection (a), by striking
``each dependent'' each place it
appears and inserting ``a spouse or
child''; and
(ii) by striking ``dependents''
each place it appears and inserting ``a
person''; and
(K) in section 1217(3)(A) (42 U.S.C. 3796d-
6(3)(A)), by striking ``described in'' and all
that follows and inserting ``an institution of
higher education, as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C.
1002); and''.
(2) Amendment related to expedited payment for
public safety officers involved in the prevention,
investigation, rescue, or recovery efforts related to a
terrorist attack.--Section 611(a) of the Uniting and
Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of
2001 (42 U.S.C. 3796c-1(a)) is amended by inserting
``or an entity described in section 1204(7)(B) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(7)(B))'' after ``employed by such
agency''.
(3) Conforming amendments.--The Internal Revenue
Code of 1986 is amended--
(A) in section 402(l)(4)(C), by inserting
before the period at the end the following: ``,
as in effect immediately before the enactment
of the National Defense Authorization Act for
Fiscal Year 2013''; and
(B) in section 101(h)(1), by inserting
after ``1968'' the following: ``, as in effect
immediately before the enactment of the
National Defense Authorization Act for Fiscal
Year 2013''.
(c) Authorization of Appropriations; Determinations;
Appeals.--The matter under the heading ``public safety officers
benefits'' under the heading ``Office of Justice Programs''
under title II of division B of the Consolidated Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 1912; 42 U.S.C. 3796c-
2) is amended--
(1) by striking ``decisions'' and inserting
``determinations'';
(2) by striking ``(including those, and any related
matters, pending)''; and
(3) by striking the period at the end and inserting
the following: ``: Provided further, That, on and
after the date of enactment of the Dale Long Public
Safety Officers' Benefits Improvements Act of 2012, as
to each such statute--
``(1) the provisions of section 1001(a)(4) of such
title I (42 U.S.C. 3793(a)(4)) shall apply;
``(2) payment (consistent with section 611 of the
Uniting and Strengthening America By Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (42 U.S.C. 3796c-1)) shall be
made only upon a determination by the Bureau that the
facts legally warrant the payment; and
``(3) any reference to section 1202 of such title I
shall be deemed to be a reference to paragraphs (2) and
(3) of such section 1202:
Provided further, That, on and after the date of enactment of
the Dale Long Public Safety Officers' Benefits Improvements Act
of 2012, no appeal shall bring any final determination of the
Bureau before any court for review unless notice of appeal is
filed (within the time specified herein and in the manner
prescribed for appeal to United States courts of appeals from
United States district courts) not later than 90 days after the
date on which the Bureau serves notice of the final
determination: Provided further, That any regulations
promulgated by the Bureau under such part (or any such statute)
before, on, or after the date of enactment of the Dale Long
Public Safety Officers' Benefits Improvements Act of 2012 shall
apply to any matter pending on, or filed or accruing after, the
effective date specified in the regulations.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph
(1), the amendments made by this section shall--
(A) take effect on the date of enactment of
this Act; and
(B) apply to any matter pending, before the
Bureau of Justice Assistance or otherwise, on
the date of enactment of this Act, or filed or
accruing after that date.
(2) Exceptions.--
(A) Rescue squads and ambulance crews.--For
a member of a rescue squad or ambulance crew
(as defined in section 1204(7) of title I of
the Omnibus Crime Control and Safe Streets Act
of 1968, as amended by this section), the
amendments made by this Act shall apply to
injuries sustained on or after June 1, 2009.
(B) Heart attacks, strokes, and vascular
ruptures.--Section 1201(k) of title I of the
Omnibus Crime Control and Safe Streets Act of
1968, as amended by this section, shall apply
to heart attacks, strokes, and vascular
ruptures sustained on or after December 15,
2003.
SEC. 1087. REMOVAL OF ACTION.
Section 1442 of title 28, United States Code, is amended by
striking subsection (c) and inserting the following:
``(c) Solely for purposes of determining the propriety of
removal under subsection (a), a law enforcement officer, who is
the defendant in a criminal prosecution, shall be deemed to
have been acting under the color of his office if the officer--
``(1) protected an individual in the presence of
the officer from a crime of violence;
``(2) provided immediate assistance to an
individual who suffered, or who was threatened with,
bodily harm; or
``(3) prevented the escape of any individual who
the officer reasonably believed to have committed, or
was about to commit, in the presence of the officer, a
crime of violence that resulted in, or was likely to
result in, death or serious bodily injury.
``(d) In this section, the following definitions apply:
``(1) The terms `civil action' and `criminal
prosecution' include any proceeding (whether or not
ancillary to another proceeding) to the extent that in
such proceeding a judicial order, including a subpoena
for testimony or documents, is sought or issued. If
removal is sought for a proceeding described in the
previous sentence, and there is no other basis for
removal, only that proceeding may be removed to the
district court.
``(2) The term `crime of violence' has the meaning
given that term in section 16 of title 18.
``(3) The term `law enforcement officer' means any
employee described in subparagraph (A), (B), or (C) of
section 8401(17) of title 5 and any special agent in
the Diplomatic Security Service of the Department of
State.
``(4) The term `serious bodily injury' has the
meaning given that term in section 1365 of title 18.
``(5) The term `State' includes the District of
Columbia, United States territories and insular
possessions, and Indian country (as defined in section
1151 of title 18).
``(6) The term `State court' includes the Superior
Court of the District of Columbia, a court of a United
States territory or insular possession, and a tribal
court.''.
SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILATION.
Section 116 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Whoever knowingly transports from the United States
and its territories a person in foreign commerce for the
purpose of conduct with regard to that person that would be a
violation of subsection (a) if the conduct occurred within the
United States, or attempts to do so, shall be fined under this
title or imprisoned not more than 5 years, or both.''.
SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
Chapter 44 of title 18, United States Code, is amended--
(1) in section 926B--
(A) in subsection (c)(1), by inserting ``or
apprehension under section 807(b) of title 10,
United States Code (article 7(b) of the Uniform
Code of Military Justice)'' after ``arrest'';
(B) in subsection (d), by striking ``as a
law enforcement officer'' and inserting ``that
identifies the employee as a police officer or
law enforcement officer of the agency''; and
(C) in subsection (f), by inserting ``or
apprehension under section 807(b) of title 10,
United States Code (article 7(b) of the Uniform
Code of Military Justice)'' after ``arrest'';
and
(2) in section 926C--
(A) in subsection (c)(2), by inserting ``or
apprehension under section 807(b) of title 10,
United States Code (article 7(b) of the Uniform
Code of Military Justice)'' after ``arrest'';
and
(B) in subsection (d)--
(i) in paragraph (1), by striking
``that indicates'' and inserting ``that
identifies the person as having been
employed as a police officer or law
enforcement officer and indicates'';
and
(ii) in paragraph (2)(A), by
inserting ``that identifies the person
as having been employed as a police
officer or law enforcement officer''
after ``officer''.
SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR WILDFIRE
SUPPRESSION PURPOSES.
Section 2 of the Wildfire Suppression Aircraft Transfer Act
of 1996 (10 U.S.C. 2576 note) is amended--
(1) in subsection (a), by striking ``during the
period beginning on October 1, 1996, and ending on
September 30, 2005'' and inserting ``during a period
specified in subsection (g)'';
(2) by redesignating subsection (g) as subsection
(h); and
(3) by inserting after subsection (f) the following
new subsection (g):
``(g) Periods for Exercise of Authority.--The periods
specified in this subsection are the following:
``(1) The period beginning on October 1, 1996, and
ending on September 30, 2005.
``(2) The period beginning on October 1, 2012, and
ending on September 30, 2017.''.
SEC. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE
FEDERAL GOVERNMENT.
(a) Transfer.--The Secretary of Defense may transfer excess
aircraft specified in subsection (b) to the Secretary of
Agriculture and the Secretary of Homeland Security for use by
the Forest Service and the United States Coast Guard. The
transfer of any excess aircraft under this subsection shall be
without reimbursement.
(b) Aircraft.--The aircraft transferred under subsection
(a) are aircraft of the Department of Defense that are--
(1) identified by the Forest Service or the United
States Coast Guard as a suitable platform to carry out
their respective missions;
(2) excess to the needs of the Department of
Defense, as determined by the Secretary of Defense;
(3) in the case of aircraft to be transferred to
the Secretary of Agriculture, acceptable for use by the
Forest Service, as determined by the Secretary of
Agriculture; and
(4) in the case of aircraft to be transferred to
the Secretary of Homeland Security, acceptable for use
by the United States Coast Guard, as determined by the
Secretary of Homeland Security.
(c) Limitation on Number.--
(1) Limitation.--Except as provided in paragraph
(2), the number of aircraft that may be transferred
under subsection (a) to each of the Secretary of
Agriculture and the Secretary of Homeland Security may
not exceed seven aircraft for each agency.
(2) Termination of limitation after official notice
of intent to accept or decline seven aircraft.--The
limitation in paragraph (1) on the number of aircraft
transferrable under subsection (a) shall cease upon
official notice to the Secretary of Defense, from the
Secretary of Agriculture, and the Secretary of Homeland
Security that the Secretary's respective department
will decline or accept seven aircraft.
(d) Order of Transfers.--
(1) Rights of refusal.--In implementing the
transfers authorized by subsection (a), the Secretary
of Defense shall afford the Secretary of Agriculture
the right of first refusal and the Secretary of
Homeland Security the second right of refusal in the
transfer to each department by the Secretary of Defense
of up to seven excess aircraft specified in subsection
(b) before the transfer of such excess aircraft is
offered to any other department or agency of the
Federal Government.
(2) Expiration of right of first refusal.--The
right of first refusal afforded the Secretary of
Agriculture by paragraph (1) shall expire upon official
notice of the Secretary to the Secretary of Defense
under subsection (c)(2).
(e) Conditions of Certain Transfers.--Excess aircraft
transferred to the Secretary of Agriculture under subsection
(a)--
(1) may be used only for wildfire suppression
purposes; and
(2) may not be flown or otherwise removed from the
United States unless dispatched by the National
Interagency Fire Center in support of an international
agreement to assist in wildfire suppression efforts or
for other purposes approved by the Secretary of
Agriculture in writing in advance.
(f) Additional Limitation.--Excess aircraft transferred
under subsection (a) may not be sold by the Secretary of
Agriculture or the Secretary of Homeland Security after
transfer.
(g) Costs After Transfer.--Any costs of operation,
maintenance, sustainment, and disposal of excess aircraft
transferred under subsection (a) after the date of transfer
shall be borne by the Secretary of Agriculture and the
Secretary of Homeland Security, as applicable.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific
and technical personnel at the Defense Advanced Research
Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions
for certain 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. Interagency personnel rotations.
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.
Effective January 1, 2013, section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently amended
by section 1104 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1612), is
further amended by striking ``through 2012'' and inserting
``through 2013''.
SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC
AND TECHNICAL PERSONNEL AT THE DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY.
(a) Expansion.--Section 1101(b)(1)(A) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note) is amended by striking ``40'' and inserting
``60''.
(b) Construction.--The amendment made by subsection (a)
shall not be construed as affecting any applicable
authorization or delimitation of the numbers of personnel that
may be employed at the Defense Advanced Research Projects
Agency.
SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS
FOR CERTAIN FEDERAL ACQUISITION POSITIONS FOR
CIVILIAN AGENCIES.
Section 1703(j)(2) of title 41, United States Code, is
amended by striking ``September 30, 2012'' and inserting
``September 30, 2017''.
SEC. 1104. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL
ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4616) and amended by section 1112 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1616), is further amended by striking
``2013'' and inserting ``2014''.
SEC. 1105. POLICY ON SENIOR MENTORS.
(a) In General.--The Secretary of Defense shall provide
written notice to the congressional defense committees at least
60 days before implementing any change in the policy regarding
senior mentors issued on or about April 1, 2010.
(b) Applicability.--Changes implemented before the date of
the enactment of this Act shall not be affected by this
section.
SEC. 1106. AUTHORITY TO PAY FOR THE TRANSPORT OF FAMILY HOUSEHOLD PETS
FOR FEDERAL EMPLOYEES DURING CERTAIN EVACUATION
OPERATIONS.
Section 5725 of title 5, United States Code, is amended--
(1) in subsection (a), in the matter following
paragraph (2), by striking ``and personal effects,''
and inserting ``, personal effects, and family
household pets,''; and
(2) by adding at the end the following:
``(c)(1) The expenses authorized under subsection (a)
shall, with respect to the transport of family household pets,
include the expenses for the shipment of and the payment of any
quarantine costs for such pets.
``(2) Any payment or reimbursement under this section in
connection with the transport of family household pets shall be
subject to terms and conditions which--
``(A) the head of the agency shall by regulation
prescribe; and
``(B) shall, to the extent practicable, be the same
as would apply under regulations prescribed under
section 476(b)(1)(H)(iii) of title 37 in connection
with the transport of family household pets of members
of the uniformed services, including regulations
relating to the types, size, and number of pets for
which such payment or reimbursement may be provided.''.
SEC. 1107. INTERAGENCY PERSONNEL ROTATIONS.
(a) Finding and Purpose.--
(1) Finding.--Congress finds that the national
security and homeland security challenges of the 21st
century require that executive branch personnel use a
whole-of-Government approach in order for the United
States Government to operate in the most effective and
efficient manner.
(2) Purpose.--The purpose of this section is to
increase the efficiency and effectiveness of the
Government by fostering greater interagency experience
among executive branch personnel on national security
and homeland security matters involving more than 1
agency.
(b) Committee on National Security Personnel.--
(1) Establishment.--There is established a
Committee on National Security Personnel within the
Executive Office of the President.
(2) Membership.--The members of the Committee shall
include--
(A) designees of the Director of the Office
of Management and Budget, the Director of the
Office of Personnel Management, the Assistant
to the President for National Security Affairs,
the Secretary of Defense, the Secretary of
State, and the Secretary of Homeland Security
(1 member to be designated by each); and
(B) such other members as the President
shall designate.
(c) Program Established.--
(1) Not later than 270 days after the date of the
enactment of this Act, the Committee on National
Security Personnel, in consultation with
representatives of such other agencies as the Committee
determines to be appropriate, shall develop and issue a
National Security Human Capital Strategy providing
policies, processes, and procedures for a program for
the interagency rotation of personnel among positions
within National Security Interagency Communities of
Interest.
(2) The strategy required by paragraph (1) shall,
at a minimum--
(A) identify specific Interagency
Communities of Interest for the purpose of
carrying out the program;
(B) designate agencies to be included or
excluded from the program;
(C) define categories of positions to be
covered by the program;
(D) establish processes by which the heads
of relevant agencies may identify--
(i) positions in Interagency
Communities of Interest that are
available for rotation under the
program; and
(ii) individual employees who are
available to participate in rotational
assignments under the program; and
(E) promulgate procedures for the program,
including--
(i) any minimum or maximum periods
of service for participation in the
program;
(ii) any training and education
requirements associated with
participation in the program;
(iii) any prerequisites or
requirements for participation in the
program; and
(iv) appropriate performance
measures, reporting requirements, and
other accountability devices for the
evaluation of the program.
(d) Program Requirements.--The policies, processes, and
procedures established pursuant to subsection (c) shall, at a
minimum, provide that--
(1) during each of the first 4 fiscal years after
the fiscal year in which this Act is enacted--
(A) the interagency rotation program shall
be carried out in at least 2 Interagency
Communities of Interest, of which 1 shall be an
Interagency Community of Interest for emergency
management and 1 shall be an Interagency
Community of Interest for stabilization and
reconstruction; and
(B) not fewer than 20 employees in the
executive branch of the Government shall be
assigned to participate in the interagency
personnel rotation program;
(2) an employee's participation in the interagency
rotation program shall require the consent of the head
of the agency and shall be voluntary on the part of the
employee;
(3) employees selected to perform interagency
rotational service are selected in a fully open and
competitive manner that is consistent with the merit
system principles set forth in paragraphs (1) and (2)
of section 2301(b) of title 5, United States Code,
unless the Interagency Community of Interest position
is otherwise exempt under another provision of law;
(4) an employee performing service in a position in
another agency pursuant to the program established
under this section shall be entitled to return, within
a reasonable period of time after the end of the period
of service, to the position held by the employee, or a
corresponding or higher position, in his or her
employing agency;
(5) an employee performing interagency rotational
service shall have all the rights that would be
available to the employee if the employee were detailed
or assigned under a provision of law other than this
section from the agency employing the employee to the
agency in which the position in which the employee is
serving is located; and
(6) an employee participating in the program shall
receive performance evaluations from officials in his
or her employing agency that are based on input from
the supervisors of the employee during his or her
service in the program that are based primarily on the
contribution of the employee to the work of the agency
in which the employee performed such service, and these
performance evaluations shall be provided the same
weight in the receipt of promotions and other rewards
by the employee from the employing agency as
performance evaluations for service in the employing
agency.
(e) Selection of Individuals to Fill Senior Positions.--The
head of each agency participating in the program established
pursuant to subsection (c) shall ensure that, in selecting
individuals to fill senior positions within an Interagency
Community of Interest, the agency gives a strong preference to
individuals who have performed interagency rotational service
within the Interagency Community of Interest pursuant to such
program.
(f) Interagency Community of Interest Defined.--As used in
this section, the term ``National Security Interagency
Community of Interest'' or ``Interagency Community of
Interest'' means the positions in the executive branch of the
Government that, as determined by the Committee on National
Security Personnel--
(1) as a group are positions within multiple
agencies of the executive branch of the Government; and
(2) have significant responsibility for the same
substantive, functional, or regional subject area
related to national security or homeland security that
requires integration of the positions and activities in
that area across multiple agencies to ensure that the
executive branch of the Government operates as a
single, cohesive enterprise to maximize mission success
and minimize cost.
(g) Report on Performance Measures.--Not later than the end
of the 2nd fiscal year after the fiscal year in which this Act
is enacted, the Committee on National Security Personnel shall
assess the performance measures described in subsection
(c)(2)(E)(iv) and issue a report to Congress on the assessment
of those performance measures.
(h) GAO Review.--Not later than the end of the 2nd fiscal
year after the fiscal year in which this Act is enacted, the
Comptroller General of the United States shall submit to
Congress a report assessing the implementation and
effectiveness of the interagency rotation program established
pursuant to this section. The report required by this section
shall address, at a minimum--
(1) the extent to which the requirements of this
section have been implemented by the Committee on
National Security Personnel and by national security
agencies;
(2) the extent to which national security agencies
have participated in the program established pursuant
to this section, including whether the heads of such
agencies have--
(A) identified positions within the
agencies that are National Security Interagency
Communities of Interest and had employees from
other agencies serve in rotational assignments
in such positions; and
(B) identified employees who are eligible
for rotational assignments in National Security
Interagency Communities of Interest and had
such employees serve in rotational assignments
in other agencies;
(3) the extent to which employees serving in
rotational assignments under the program established
pursuant to this section have benefitted from such
assignments, including an assessment of--
(A) the period of service;
(B) the duties performed by the employees
during such service;
(C) the value of the training and
experience gained by participating employees
through such service; and
(D) the positions (including grade level)
held by employees before and after completing
interagency rotational service under this
section; and
(4) the extent to which interagency rotational
service under this section has improved or is expected
to improve interagency integration and coordination
within National Security Interagency Communities of
Interest.
(i) Exclusion.--This section shall not apply to any element
of the intelligence community, as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism
forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program
pending compliance with certain program-related requirements.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on
the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security
Forces.
Sec. 1216. Extension and modification of logistical support for
coalition forces supporting certain United States military
operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1223. Report on efforts to promote the security of Afghan women and
girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement
with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military
and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1228. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Matters Relating to Iran
Sec. 1231. Report on United States capabilities in relation to China,
North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council
members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.
Subtitle D--Iran Sanctions
Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by
Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping,
and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or
transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of
underwriting services or insurance or reinsurance for
activities or persons with respect to which sanctions have
been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on behalf
of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic
of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist
acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels
and use of foreign airports by sanctioned Iranian air
carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.
Subtitle E--Satellites and Related Items
Sec. 1261. Removal of satellites and related items from the United
States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain
satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of
certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the
United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.
Subtitle F--Other Matters
Sec. 1271. Additional elements in annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in
connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and
Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on
multilateral exchange of air transportation and air refueling
services.
Sec. 1277. Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense
system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense systems,
and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph
Kony from the battlefield and end the atrocities of the Lord's
Resistance Army.
Sec. 1284. Imposition of sanctions with respect to support for the rebel
group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible foreign
countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.
Subtitle G--Reports
Sec. 1291. Review and reports on Department of Defense efforts to build
the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States
military installations and United States Armed Forces deployed
in country.
Sec. 1294. Report on military activities to deny or significantly
degrade the use of air power against civilian and opposition
groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY
FORCES.
(a) Inclusion of Small-scale Military Construction
Activities Among Authorized Elements.--
(1) In general.--Subsection (b)(1) of section 1206
of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3457), as
amended by section 1206(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2418), is further amended by
striking ``equipment, supplies, and training'' and
inserting ``equipment, supplies, training, and small-
scale military construction activities''.
(2) Limitation on availability of funds.--
Subsection (c) of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006, as most
recently amended by section 1204(a) of the National
Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1621), is further amended by
adding at the end the following new paragraph:
``(6) Limitation on availability of funds for
small-scale military construction activities.--Of
amounts available under this subsection for the
authority in subsection (a) for a fiscal year--
``(A) not more than $750,000 may be
obligated or expended for small-scale military
construction activities under a program
authorized under subsection (a); and
``(B) not more than $25,000,000 may be
obligated or expended for small-scale military
construction activities under all programs
authorized under subsection (a).''.
(b) Modification of Notice.--Subsection (e)(2) of section
1206 of the National Defense Authorization Act for Fiscal Year
2006, as amended by section 1206(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007, is further
amended by adding at the end the following new subparagraph:
``(D) Detailed information (including the
amount and purpose) on the assistance provided
the country during the three preceding fiscal
years under each of the following programs,
accounts, or activities:
``(i) A program under this section.
``(ii) The Foreign Military
Financing program under the Arms Export
Control Act.
``(iii) Peacekeeping Operations.
``(iv) The International Narcotics
Control and Law Enforcement (INCLE)
program under section 481 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2291).
``(v) Nonproliferation, Anti-
Terrorism, Demining, and Related
Programs (NADR).
``(vi) Counterdrug activities
authorized by section 1004 of the
National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note)
and section 1033 of the National
Defense Authorization Act for Fiscal
Year 1998.''.
(c) Extension.--
(1) In general.--Subsection (g) of section 1206 of
the National Defense Authorization Act for Fiscal Year
2006, as most recently amended by section 1204(c) of
the National Defense Authorization Act for Fiscal Year
2012 (125 Stat. 1622), is further amended--
(A) by striking ``September 30, 2013'' and
inserting ``September 30, 2014''; and
(B) by striking ``fiscal years 2006 through
2013'' and inserting ``fiscal years 2006
through 2014''.
(2) Temporary limitation on amount for capacity for
participation in or support of military and stability
operations.--Subsection (c)(5) of section 1206 of the
National Defense Authorization Act for Fiscal Year
2006, as most recently amended by section 1204(a) of
the National Defense Authorization Act for Fiscal Year
2012, is further amended by striking ``fiscal years
2102 and 2013'' and inserting ``fiscal years 2012,
2013, and 2014''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to any country in which activities are
initiated under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 on or after that date.
SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF
DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND
FOREIGN COUNTRIES.
Section 1207(f) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2514; 10
U.S.C. 168 note) is amended by striking ``September 30, 2012''
and inserting ``September 30, 2016''.
SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN COUNTERTERRORISM
FORCES IN YEMEN AND EAST AFRICA.
(a) Authority.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide assistance as
follows:
(1) To enhance the ability of the Yemen Ministry of
Interior Counter Terrorism Forces to conduct
counterterrorism operations against al Qaeda in the
Arabian Peninsula and its affiliates.
(2) To enhance the capacity of the national
military forces, security agencies serving a similar
defense function, other counterterrorism forces, and
border security forces of Djibouti, Ethiopia, and Kenya
to conduct counterterrorism operations against al
Qaeda, al Qaeda affiliates, and al Shabaab.
(3) To enhance the capacity of national military
forces participating in the African Union Mission in
Somalia to conduct counterterrorism operations against
al Qaeda, al Qaeda affiliates, and al Shabaab.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under
subsection (a) may include the provision of equipment,
supplies, training, and minor military construction.
(2) Required elements.--Assistance under subsection
(a) shall be provided in a manner that promotes--
(A) observance of and respect for human
rights and fundamental freedoms; and
(B) respect for legitimate civilian
authority in the country receiving such
assistance.
(3) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in
subsection (a) to provide any type of assistance
described in this subsection that is otherwise
prohibited by any other provision of law.
(4) Limitations on minor military construction.--
The total amount that may be obligated and expended on
minor military construction under subsection (a) in any
fiscal year may not exceed amounts as follows:
(A) In the case of minor military
construction under paragraph (1) of subsection
(a), $10,000,000.
(B) In the case of minor military
construction under paragraphs (2) and (3) of
subsection (a), $10,000,000.
(c) Funding.--
(1) In general.--Of the amount authorized to be
appropriated for a fiscal year for the Department of
Defense for operation and maintenance--
(A) not more than $75,000,000 may be used
to provide assistance under paragraph (1) of
subsection (a); and
(B) not more than $75,000,000 may used to
provide assistance under paragraphs (2) and (3)
of subsection (a).
(2) Availability of funds for assistance across
fiscal years.--Amounts available under this subsection
for the authority in subsection (a) for a fiscal year
may be used for assistance under that authority that
begins in such fiscal year but ends in the next fiscal
year.
(d) Notice to Congress.--
(1) In general.--Not later than 30 days before
providing assistance under subsection (a), the
Secretary of Defense shall submit to the committees of
Congress specified in paragraph (2) a notice setting
forth the assistance to be provided, including the
types of such assistance, the budget for such
assistance, and the completion date for the provision
of such assistance.
(2) Committees of congress.--The committees of
Congress specified in this paragraph are--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
(e) Expiration.--Except as provided in subsection (c)(2),
the authority provided under subsection (a) may not be
exercised after the earlier of--
(1) the date on which the Global Security
Contingency Fund achieves full operational capability;
or
(2) September 30, 2014.
SEC. 1204. LIMITATION ON ACTIVITIES UNDER STATE PARTNERSHIP PROGRAM
PENDING COMPLIANCE WITH CERTAIN PROGRAM-RELATED
REQUIREMENTS.
(a) Limitation.--If both requirements specified in
subsection (b) are not met as of February 28, 2013, no
activities may be carried out under the State Partnership
Program after that date until both requirements are met.
(b) Requirements.--The requirements specified in this
subsection are the following:
(1) The requirement for the Secretary of Defense to
submit to the appropriate congressional committees the
final regulations required by subsection (a) of section
1210 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2517; 32
U.S.C. 107 note).
(2) A requirement for the Secretary of Defense to
certify to the appropriate congressional committees
that appropriate modifications have been made, and
appropriate controls have been instituted, to ensure
the compliance of the Program with section 1341 of
title 31, United States Code (commonly referred to as
the ``Anti-Deficiency Act''), in the future.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees'' has
the meaning given that term in subsection (d) of section 1210
of the National Defense Authorization Act for Fiscal Year 2010.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1631) is amended by inserting at
the end before the period the following: ``and in fiscal year
2013 may not exceed $508,000,000''.
(b) Source of Funds.--Subsection (d) of such section is
amended--
(1) by inserting ``or fiscal year 2013'' after
``fiscal year 2012''; and
(2) by striking ``that fiscal year'' and inserting
``fiscal year 2012 or 2013, as the case may be,''.
(c) Additional Authority for the Activities of the Office
of Security Cooperation in Iraq.--Such section is further
amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Additional Authority for Activities of OSCI.--During
fiscal year 2013, the Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the Office
of Security Cooperation in Iraq to conduct non-operational
training activities in support of Iraqi Ministry of Defense and
Counter Terrorism Service personnel in an institutional
environment to address capability gaps, integrate processes
relating to intelligence, air sovereignty, combined arms,
logistics and maintenance, and to manage and integrate defense-
related institutions.''.
(d) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State,
shall submit to the appropriate congressional
committees a report on the activities of the Office of
Security Cooperation in Iraq.
(2) Matters to be included.--The report shall
include the following:
(A) A description, in unclassified form
(but with a classified annex if appropriate),
of any capability gaps in the security forces
of Iraq, including capability gaps relating to
intelligence matters, protection of Iraq
airspace, and logistics and maintenance.
(B) A description of the extent, if any, to
which the programs of the Office of Security
Cooperation in Iraq, in conjunction with other
United States programs such as the Foreign
Military Financing program, the Foreign
Military Sales program, and joint training
exercises, will address the capability gaps
described in subparagraph (A) if the Government
of Iraq requests assistance in addressing such
capability gaps.
(C) A detailed discussion of the current
manpower, budget, and authorities of the Office
of Security Cooperation in Iraq.
(D) A detailed plan for the transition of
the costs of the activities of the Office of
Security Cooperation in Iraq to Foreign
Military Sales case funding by September 30,
2014, and a detailed description of the planned
manpower, budget, and authorities of the Office
to implement such a plan.
(E) A description of existing authorities
available to be used to cover the costs of
training the Iraqi Security Forces, including a
list of specific training activities and number
of associated personnel that the Secretary of
Defense determines cannot be conducted under
any existing authority not provided by this
section.
(F) A description of those measures of
effectiveness that will be used to evaluate the
activities of the Office of Security
Cooperation in Iraq and a discussion of the
process that will use those measures of
effectiveness to make determinations if
specific activities of the Office should be
expanded, altered, or terminated.
(3) Update required.--Not later than September 30,
2013, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate
congressional committees an update of the report
required by paragraph (1), including a description of
any changes to any specific element or process
described in subparagraphs (A) through (F) of paragraph
(2).
(4) Definition.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
SEC. 1212. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR EFFECT ON
THE UNITED STATES TRANSITION STRATEGY FOR
AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) to the maximum extent possible and consistent
with the commander's professional judgment and the
requirements of the mission, the United States military
should conduct local force protection for its troops on
bases where such troops are garrisoned or housed in
Afghanistan;
(2) the increase in attacks and associated threats
by Afghanistan National Security Forces personnel,
Afghanistan National Security Forces impersonators, and
private security contractors against United States,
Afghanistan, and coalition military and civilian
personnel raises concerns about the force protection
for United States troops in Afghanistan and the
procedures for screening, vetting, and monitoring
Afghanistan National Security Forces personnel and
Afghan Public Protection Force personnel;
(3) the Department of Defense and the Government of
Afghanistan are making efforts to address the threat of
such attacks and associated threats, but continued
leadership will be required; and
(4) the North Atlantic Treaty Organization/
International Security Assistance Force and the
Government of Afghanistan should establish a program to
continue to enhance vetting of Afghanistan National
Security Forces and Afghan Public Protection Force
recruits, to monitor the Afghanistan National Security
Forces and the Afghan Public Protection Force
personnel, and to re-assess Afghanistan National
Security Forces and Afghan Public Protection Force
personnel as required.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State and the Commander of
North Atlantic Treaty Organization/International Security
Assistance Force forces in Afghanistan, submit to Congress a
report on the attacks and associated threats by Afghanistan
National Security Forces personnel, Afghanistan National
Security Forces impersonators, Afghan Public Protection Force
personnel, Afghan Public Protection Force impersonators, and
private security contractors against United States,
Afghanistan, and coalition military and civilian personnel
(``insider attacks'') in Afghanistan, and the effect of these
attacks on the overall transition strategy in Afghanistan.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of the nature and proximate
causes of the attacks described in subsection (b),
including the following:
(A) An estimate of the number of such
attacks on United States, Afghanistan, and
coalition military personnel since January 1,
2007.
(B) An estimate of the number of United
States, Afghanistan, and coalition personnel
killed or wounded in such attacks.
(C) The circumstances or conditions that
may have influenced such attacks.
(D) An assessment of the threat posed by
infiltration, and a best assessment of the
extent of infiltration by insurgents into the
Afghanistan National Security Forces and the
Afghan Public Protection Force.
(E) A description of trends in the
prevalence of such attacks, including where
such attacks occur, the political and ethnic
affiliation of attackers, and the targets of
attackers.
(2) A description of the restrictions and other
actions taken by the United States and North Atlantic
Treaty Organization/International Security Assistance
Force forces to protect military and civilian personnel
from future insider attacks, including measures in
predeployment training.
(3) A description of the actions taken by the
Government of Afghanistan to prevent and respond to
insider attacks, including improved vetting practices.
(4) A description of the insider threat-related
factors that will influence the size and scope of the
post-2014 training mission for the Afghanistan National
Security Forces.
(5) An assessment of the impact of the insider
attacks in Afghanistan in 2012 on the overall
transition strategy in Afghanistan and its prospects
for success, including an assessment how such insider
attacks impact--
(A) partner operations between North
Atlantic Treaty Organization/International
Security Assistance Force forces and
Afghanistan National Security Forces;
(B) training programs for the Afghanistan
National Security Forces, including proposed
training plans to be executed during the post-
2014 training mission for the Afghanistan
National Security Forces;
(C) United States Special Forces training
of the Afghan Local Police and its integration
into the Afghanistan National Security Forces;
and
(D) the willingness of North Atlantic
Treaty Organization/International Security
Assistance Force allies to maintain forces in
Afghanistan or commit to the post-2014 training
mission for the Afghanistan National Security
Forces.
(6) An assessment of the impact that a reduction in
training and partnering would have on the independent
capabilities of the Afghanistan National Security
Forces, and whether the training of the Afghanistan
National Security Forces should remain a key component
of the United States and North Atlantic Treaty
Organization strategy in Afghanistan.
(d) Additional Reports.--The Secretary of Defense shall
submit to the congressional defense committees a semi-annual
update to the report required under subsection (b) through
December 31, 2014. The additional reports required by this
subsection may be submitted in the report required by section
1230 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 385), as most recently
amended by section 1218(a) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1632).
(e) Unclassified Executive Summary.--The report submitted
under subsection (b) and the semi-annual update to the report
submitted under subsection (d) shall include an executive
summary of the contents of the report in unclassified form.
SEC. 1213. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN.
(a) Notification.--The Secretary of Defense shall notify
the congressional defense committees of any decision of the
President to change force levels of United States Armed Forces
deployed in Afghanistan.
(b) Submittal Required.--Not later than 30 days after a
decision by the President to change the force levels of United
States Armed Forces deployed in Afghanistan, the Chairman of
the Joint Chiefs of Staff shall, through the Secretary of
Defense, submit to the congressional defense committees a
detailed assessment of the risk to the United States mission
and interests in Afghanistan as the change in levels is
implemented.
(c) Elements.--The risk assessment under subsection (b) on
a change in force levels of United States Armed Forces in
Afghanistan shall include the following:
(1) A description of the current security situation
in Afghanistan.
(2) A description of any anticipated changes to
United States military operations and objectives in
Afghanistan associated with such change in force
levels.
(3) An identification and assessment of any changes
in United States military capabilities, including
manpower, logistics, intelligence, and mobility
support, in Afghanistan associated with such change in
force levels.
(4) An identification and assessment of the risk
associated with any changes in United States mission,
military capabilities, operations, and objectives in
Afghanistan associated with such change in force
levels.
(5) An identification and assessment of any
capability gaps within the Afghanistan security forces
that will impact their ability to conduct operations
following such change in force levels.
(6) An identification and assessment of the risk
associated with the transition of combat
responsibilities to the Afghanistan security forces
following such change in force levels.
(7) An assessment of the impact of such change in
force levels on coalition military contributions to the
mission in Afghanistan.
(8) A description of the assumptions to be in force
regarding the security situation in Afghanistan
following such change in force levels.
(9) Such other matters regarding such change in
force levels as the Chairman considers appropriate.
(d) Termination.--The requirement to notify the
congressional defense committees under subsection (a) shall
terminate on December 31, 2014.
SEC. 1214. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.
(a) In General.--Section 1230 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 385), as most recently amended by section 1218(a) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1632), is further amended--
(1) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the
following:
``(e) Additional Matters to Be Included on Afghanistan
National Security Forces.--In reporting on performance
indicators and measures of progress required under subsection
(d)(2)(D), the report required under subsection (a) shall
assess the following:
``(1) For overall Afghanistan National Security
Forces (ANSF):
``(A) A description of the
professionalization of the Afghan National Army
(ANA) and Afghan National Police (ANP),
including literacy, training benchmarks, and
vetting outcomes.
``(B) An assessment of the ANA and the ANP
interaction with the Afghan civilian population
and respect for human rights.
``(C) An outline of United States
contributions for the current fiscal year and
one-year projected fiscal year and pledges for
contributions by other countries.
``(D) The percentage of officer corps and
noncommissioned officer corps personnel as
compared to end-strength requirements.
``(2) For logistics:
``(A) An assessment of the ANA and ANP
logistics system, including a discussion of
critical supply shortfalls and challenges
associated with filling supply requests.
``(B) A description of the logistical
capacity of the ANA and ANP and how operations
are sustained in the areas in which the ANA and
ANP are transitioned and in areas in which the
ANA and the ANP are in pre-transition stages.
``(3) For transition:
``(A) An assessment, by province, of the
security situation and capability of ANSF in
those areas that have been transitioned to an
Afghan security lead, to include a description
of the transition stages for each such province
and readiness ratings for the ANSF in each such
province.
``(B) An assessment, by province, of the
security situation and capability of ANSF in
pre-transition areas, to include readiness
ratings.
``(C) A description of how security force
assistance teams and security force assistance
brigades will be integrated into ANSF units.
``(4) For preparation for the 2014 elections: The
steps taken by the United States, ISAF, and the
Government of Afghanistan to carry out the following:
``(A) Identify and train a sufficient
number of the ANSF, to include female members
of the ANSF.
``(B) Provide for the security of the
elections, including security of polling
places, election workers, election materials,
and such other locations and personnel as may
be necessary to safely carry out the elections,
including participation of women.
``(C) Assist with ensuring that election
workers and materials can be safely and
securely transported in Afghanistan as may be
required.
``(5) For partnership and assistance activities:
``(A) A discussion of ongoing partnership
activities in Afghanistan, including
partnership activities as part of major
operations and efforts, and including metrics
used to measure the quantity of ongoing
partnership activities and changes to how
partnership activities are conducted that
affect significant numbers of United States
Armed Forces, ISAF, or Afghan units and the
reasons for any such change.
``(B) A discussion of any transition from
partnership activities conducted by United
States Armed Forces or other international
units with Afghan forces to the use of security
force assistance teams or security force
assistance brigades, including the reasons for
such transition, advantages or drawbacks of
such transition, and other information which
may be pertinent.
``(C) The number of security force
assistance teams and security force assistance
brigades in Afghanistan, including the number
of such teams and brigades provided by other
members of ISAF, the number of such teams and
brigades that are assisting each component of
ANSF, and any unmet requirements for such teams
and brigades.''.
(b) Effective Date.--The amendments made this section apply
with respect to any report required to be submitted under
section 1230 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) on or
after the date of the enactment of this Act.
SEC. 1215. INDEPENDENT ASSESSMENT OF THE AFGHAN NATIONAL SECURITY
FORCES.
(a) Independent Assessment Required.--The Secretary of
Defense shall provide for the conduct of an independent
assessment of the strength, force structure, force posture, and
capabilities required to make the Afghan National Security
Forces (ANSF) capable of providing security for their own
country so as to prevent Afghanistan from ever again becoming a
safe haven for terrorists that threaten Afghanistan, the
region, and the world.
(b) Conduct of Assessment.--The assessment required by
subsection (a) may, at the election of the Secretary, be
conducted by--
(1) a Federally-funded research and development
center (FFRDC); or
(2) an independent, non-governmental institute
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a)
of such Code that has recognized credentials and
expertise in national security and military affairs
appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a)
shall include, but not be limited to, the following:
(1) An assessment of the likely internal and
regional security environment for Afghanistan over the
next decade, including challenges and threats to the
security and sovereignty of Afghanistan from state and
non-state actors.
(2) An assessment of the strength, force structure,
force posture, and capabilities required to make the
Afghan National Security Forces capable of providing
security for their own country so as to prevent
Afghanistan from ever again becoming a safe haven for
terrorists that threaten Afghanistan, the region, and
the world.
(3) An assessment of any capability gaps in the
Afghan National Security Forces that are likely to
persist after 2014 and that will require continued
support from the United States and its allies.
(4) An assessment whether current proposals for the
resourcing of the Afghan National Security Forces after
2014 are adequate to establish and maintain long-term
security for the Afghanistan people, and implications
of the under-resourcing of the Afghan National Security
Forces for United States national security interests.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the entity selected for the conduct of
the assessment required by subsection (a) shall provide to the
Secretary and the congressional defense committees a report
containing its findings as a result of the assessment. The
report shall be submitted in unclassified form, but may include
a classified annex.
(e) Funding.--Of the amounts authorized to be appropriated
for fiscal year 2013 by section 301 and available for operation
and maintenance for Defense-wide activities as specified in the
funding table in section 4301, up to $1,000,000 shall be made
available for the assessment required by subsection (a).
(f) Afghan National Security Forces.--For purposes of this
section, the Afghan National Security Forces shall include all
forces under the authority of the Afghan Ministry of Defense
and Afghan Ministry of Interior, including the Afghan National
Army, the Afghan National Police, the Afghan Border Police, the
Afghan National Civil Order Police, and the Afghan Local
Police.
SEC. 1216. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR
COALITION FORCES SUPPORTING CERTAIN UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--Section 1234 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 394), as most recently amended by section 1211 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1629)), is further amended by striking
``fiscal year 2012'' each place it appears and inserting
``fiscal year 2013''.
(b) Repeal of Authority for Use of Funds in Connection With
Iraq.--
(1) In general.--Subsection (a) of such section
1234, as so amended, is further amended by striking
``Iraq and''.
(2) Conforming amendment.--The heading of such
section 1234 is amended by striking ``iraq and''.
SEC. 1217. REPORT ON AFGHANISTAN PEACE AND REINTEGRATION PROGRAM.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of State, submit to
the appropriate committees of Congress a report on the
Afghanistan Peace and Reintegration Program (APRP).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the goals and objectives of
the Afghanistan Peace and Reintegration Program.
(2) A description of the structure of the Program
at the national and sub-national levels in Afghanistan,
including the number and types of vocational training
and other education programs.
(3) A description of the activities of the Program
as of the date of the report.
(4) A description and assessment of the procedures
for vetting individuals seeking to participate in the
Program, including an assessment of the extent to which
biometric identification systems are used and the role
of provincial peace councils in such procedures.
(5) The amount of funding provided by the United
States, and by the international community, to support
the Program, and the amount of funds so provided that
have been distributed as of the date of the report.
(6) An assessment of the individuals who have been
reintegrated into the Program, set forth in terms as
follows:
(A) By geographic distribution by province.
(B) By number of each of low-level
insurgent fighters, mid-level commanders, and
senior commanders.
(C) By number confirmed to have been part
of the insurgency.
(D) By number who are currently members of
the Afghan Local Police.
(E) By number who are participating in or
have completed vocational training or other
educational programs as part of the Program.
(7) A description and assessment of the procedures
for monitoring the individuals participating in the
Program.
(8) A description and assessment of the role of
women and minority populations in the implementation of
the Program.
(9) An assessment of the effectiveness of the
activities of the Program described under paragraph (3)
in achieving the goals and objectives of the Program.
(10) Such recommendations as the Secretary of
Defense considers appropriate for improving the
implementation, oversight, and effectiveness of the
Program.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1218. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4392), as amended by section 1216 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1632), is further amended--
(1) in subsection (a)--
(A) by striking ``$50,000,000'' and
inserting ``$35,000,000''; and
(B) by striking ``in each of fiscal years
2011 and 2012'' and inserting ``for fiscal year
2013''; and
(2) in subsection (e)--
(A) by striking ``utilize funds'' and
inserting ``obligate funds''; and
(B) by striking ``December 31, 2012'' and
inserting ``December 31, 2013''.
SEC. 1219. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR PROGRAM
TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN
AFGHANISTAN.
Section 1217(f) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4393), as amended by section 1217(a) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1632), is further amended--
(1) by striking paragraph (1) and inserting the
following new paragraph (1):
``(1) In general.--Subject to paragraph (2), to
carry out the program authorized under subsection (a),
the Secretary of Defense may use amounts as follows:
``(A) Up to $400,000,000 made available to
the Department of Defense for operation and
maintenance for fiscal year 2012.
``(B) Up to $350,000,000 made available to
the Department of Defense for operation and
maintenance for fiscal year 2013.'';
(2) in paragraph (2)--
(A) by striking ``85 percent'' and
inserting ``50 percent'';
(B) by inserting ``for a fiscal year after
fiscal year 2011'' after ``in paragraph (1)'';
and
(C) by striking ``fiscal year 2012.'' and
inserting ``such fiscal year, including for
each project to be initiated during such fiscal
year the following:
``(A) An estimate of the financial and
other requirements necessary to sustain such
project on an annual basis after the completion
of such project.
``(B) An assessment whether the Government
of Afghanistan is committed to and has the
capacity to maintain and use such project after
its completion.
``(C) A description of any arrangements for
the sustainment of such project following its
completion if the Government of Afghanistan
lacks the capacity (in either financial or
human resources) to maintain such project.'';
and
(3) in paragraph (3), by adding at the end the
following new subparagraph:
``(C) In the case of funds for fiscal year
2013, until September 30, 2014.''.
SEC. 1220. REPORT ON UPDATES AND MODIFICATIONS TO CAMPAIGN PLAN FOR
AFGHANISTAN.
(a) Report Required.--Not later than 180 days after the
date on which any substantial update or modification is made to
the campaign plan for Afghanistan (including the supporting and
implementing documents for such plan), the Comptroller General
of the United States shall submit to the congressional defense
committees a report on the updated or modified plan, including
an assessment of the updated or modified plan.
(b) Exception.--The requirement to submit a report under
subsection (a) on any substantial update or modification to the
campaign plan for Afghanistan shall not apply if the
Comptroller General--
(1) determines that a report submitted to Congress
by the Comptroller General before the date of the
enactment of this Act substantially meets the
requirement to submit the report under subsection (a);
and
(2) notifies the congressional defense committees
in writing of the determination under paragraph (1).
(c) Termination.--The requirement to submit a report under
subsection (a) on any substantial update or modification to the
campaign plan for Afghanistan shall terminate on September 30,
2014.
(d) Repeal of Superseded Requirements.--Section 1226 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2525) is repealed.
SEC. 1221. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
(a) One-year Extension.--
(1) In general.--Section 1201 of the National
Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1619) is amended by striking
``fiscal year 2012'' each place it appears and
inserting ``fiscal year 2013''.
(2) Conforming amendment.--The heading of
subsection (a) of such section is amended by striking
``Fiscal Year 2012'' and inserting ``Fiscal Year
2013''.
(b) Amount of Funds Available During Fiscal Year 2013.--
Subsection (a) of such section is further amended by striking
``$400,000,000'' and inserting ``$200,000,000''.
SEC. 1222. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE
SERVICES TO THE MILITARY AND SECURITY FORCES OF
AFGHANISTAN.
(a) Nonexcess Articles and Related Services.--The Secretary
of Defense may, with the concurrence of the Secretary of State,
transfer nonexcess defense articles from the stocks of the
Department of Defense, without reimbursement from the
Government of Afghanistan, and provide defense services in
connection with the transfer of such defense articles, to the
military and security forces of Afghanistan to support the
efforts of those forces to restore and maintain peace and
security in that country.
(b) Limitations.--
(1) Value.--The aggregate replacement value of all
defense articles transferred and defense services
provided in connection with such defense articles under
subsection (a) in any fiscal year may not exceed
$250,000,000.
(2) Source of transferred articles.--The authority
under subsection (a) may only be used for defense
articles that--
(A) were present in Afghanistan as of the
date of the enactment of this Act;
(B) immediately before transfer were in use
to support operations in Afghanistan; and
(C) are no longer required by United States
forces in Afghanistan.
(c) Applicable Law.--Any defense articles transferred or
defense services provided under the authority of subsection (a)
shall be subject to the authorities and limitations applicable
to excess defense articles under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), other than the
authorities and limitations in subsections (b)(1)(B), (e), (f),
and (g) of such section.
(d) Report Required Before Exercise of Authority.--
(1) In general.--The Secretary of Defense may not
exercise the authority under subsection (a) until 15
days after the Secretary submits to the appropriate
committees of Congress a report on the equipment and
other property of the Department of Defense in
Afghanistan.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) A description of the process for
inventorying equipment and property, including
defense articles, in Afghanistan owned by the
Department of Defense, including equipment and
property owned by the Department and under the
control of contractors in Afghanistan.
(B) An estimate of the types and quantities
of equipment and property of the Department of
Defense, including defense articles,
anticipated to be withdrawn from Afghanistan in
connection with the drawdown of United States
military forces from Afghanistan between the
date of the enactment of this Act and December
31, 2014, including equipment and property
owned by the Department and under the control
of contractors in Afghanistan.
(e) Notice on Exercise of Authority.--
(1) In general.--The Secretary of Defense may not
transfer defense articles or provide defense services
under subsection (a) until 15 days after the date on
which the Secretary of Defense, with the concurrence of
the Secretary of State, submits to the appropriate
committees of Congress notice of the proposed transfer
of defense articles and provision of defense services.
(2) Elements.--A notice under paragraph (1) shall
include the following:
(A) A description of the amount and types
of defense articles to be transferred and
defense services to be provided.
(B) A statement describing the current
value of the defense articles to be transferred
and the estimated replacement value of such
articles.
(C) An identification of the element of the
military or security force that is the proposed
recipient of the defense articles to be
transferred and defense service to be provided.
(D) An identification of the military
department from which the defense articles to
be transferred are to be drawn.
(E) An assessment of the impact, if any, of
the transfer of defense articles on the
readiness of units from which the defense
articles are to be transferred, and the plan,
if any, for mitigating such impact or
reimbursing the military department of such
units for such defense articles.
(F) An assessment of the ability of the
Government of Afghanistan to sustain the costs
associated with receiving, possessing, and
using the defense articles to be transferred.
(G) A determination and certification by
the Secretary of Defense, with the concurrence
of the Secretary of State, that--
(i) the proposed transfer of the
defense articles to be transferred and
the provision of defense services to be
provided in connection with such
transfer is in the national interest of
the United States; and
(ii) such defense articles are
required by the military and security
forces of Afghanistan to build their
capacity to restore and maintain peace
and security in that country.
(f) Quarterly Reports.--
(1) In general.--Not later than 90 days after the
date of the first transfer of defense articles and
provision of defense services under the authority in
subsection (a), and at the end of each calendar
quarter, if any, thereafter through March 31, 2015, in
which the authority in subsection (a) is exercised, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on the implementation
of the authority in subsection (a). Each report shall
include the replacement value of the defense articles
transferred pursuant to subsection (a), both in the
aggregate and by military department, and defense
services provided to the Government of Afghanistan,
during the 90-day period ending on the date of such
report.
(2) Inclusion in other report.--A report required
under paragraph (1) may be included in the report
required under section 9204 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat.
2410) or any follow on report to such other report.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
(2) Defense articles.--The term ``defense
articles'' has the meaning given the term in section
644(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2403(d)).
(3) Defense services.--The term ``defense
services'' has the meaning given the term in section
644(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2403(f)).
(4) Military and security forces.--The term
``military and security forces'' means national armies,
national air forces, national navies, national guard
forces, police forces, and border security forces, but
does not include nongovernmental or irregular forces
(such as private militias).
(h) Expiration.--The authority provided in subsection (a)
may not be exercised after December 31, 2014.
(i) Excess Defense Articles.--
(1) Additional authority.--The authority provided
by subsection (a) is in addition to the authority
provided by section 516 of the Foreign Assistance Act
of 1961.
(2) Exemptions.--
(A) During fiscal years 2013 and 2014, the
value of excess defense articles transferred
from the stocks of the Department of Defense in
Afghanistan pursuant to section 516 of the
Foreign Assistance Act of 1961 shall not be
counted against the limitation on the aggregate
value of excess defense articles transferred
contained in subsection (g) of such section.
(B) During fiscal years 2013 and 2014, any
excess defense articles specified in
subparagraph (A) shall not be subject to the
authorities and limitations applicable to
excess defense articles under section 516 of
the Foreign Assistance Act of 1961 contained in
subsections (b)(1)(B) and (e) of such section.
SEC. 1223. REPORT ON EFFORTS TO PROMOTE THE SECURITY OF AFGHAN WOMEN
AND GIRLS DURING THE SECURITY TRANSITION PROCESS.
(a) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly submit
to the appropriate congressional committees a report on
efforts by the United States Government to promote the
security of Afghan women and girls during the security
transition process.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A discussion of efforts to monitor
changes in women's security conditions in areas
undergoing transition, including the following:
(i) A description of the roles and
responsibilities of the offices within
the International Security Assistance
Force, the United States Embassy, and
the NATO Training Mission-Afghanistan
that have lead responsibility for
gender issues.
(ii) A description of the
indicators against which sex-
disaggregated data is collected and
what, if any, additional indicators may
enhance efforts to measure the security
of women and girls during the
transition process.
(iii) A discussion of how these
indicators are or may be incorporated
into ongoing efforts to assess overall
security conditions during the
transition period.
(iv) Recommendations, if any, on
how assessments of women's security can
be more fully integrated into current
procedures used to determine an area's
readiness to proceed through the
transition process.
(B) A discussion of efforts that may
increase gender awareness and responsiveness
among Afghan National Army (ANA) and Afghan
National Police (ANP) personnel, including the
following:
(i) A description of the efforts,
if any, to work with Afghan and
coalition partners to promote training
curricula and programming that address
the human rights and treatment of women
and girls and that assess the quality
and impact of such training.
(ii) A description of the efforts,
if any, to work with ANA and ANP
leaders to develop enforcement and
accountability mechanisms for ANA and
ANP personnel who violate codes of
conduct related to the human rights of
women and girls.
(iii) A description of the efforts,
if any, to work with Afghan and
coalition partners to promote the
implementation of the above tools and
develop uniform methods and standards
for training and enforcement.
(iv) Recommendations, if any, for
enhancing efforts to promote the
objectives described in clauses (i)
through (iii).
(C) A discussion of efforts to increase the
number of female members of the ANA and ANP,
including the following:
(i) A description of the efforts,
if any, to assist ANA and ANP leaders
in developing realistic and achievable
objectives for the recruitment and
retention of women to the ANA and ANP
by the end of the security transition
period in 2014.
(ii) A description of the efforts,
if any, to assist ANA and ANP leaders
and coalition partners in addressing
physical and cultural challenges to the
recruitment and retention of female ANA
and ANP personnel.
(iii) A description of the efforts,
if any, to assist ANA and ANP leaders
in increasing awareness of how women
members of the security forces may
improve the overall effectiveness of
the ANA and ANP.
(iv) A description of the efforts,
if any, to assist ANA and ANP leaders
in developing a plan for maintaining
and increasing the recruitment and
retention of women in the ANA and ANP
following the completion of the
security transition.
(v) Recommendations, if any, for
enhancing efforts to promote the
objectives described in clauses (i)
through (iv).
(3) Updates.--The Secretary of Defense shall
include in each report on progress toward security and
stability in Afghanistan that is submitted to Congress
under sections 1230 and 1231 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 385, 390) updated information on efforts
by the United States Government to promote the security
of Afghan women and girls consistent with the
requirements of this section.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1224. SENSE OF CONGRESS COMMENDING THE ENDURING STRATEGIC
PARTNERSHIP AGREEMENT BETWEEN THE UNITED STATES AND
AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States and Afghanistan have been
allies in the conflict against al Qaeda and its
affiliates for over a decade, with the shared goal of
ensuring that Afghanistan is never again a sanctuary
for al Qaeda.
(2) The United States and Afghanistan are committed
to the framework agreed to at the North Atlantic Treaty
Organization (NATO) Summit in Lisbon in 2010, and
reaffirmed at the NATO Summit in Chicago in 2012, for
the transition from coalition forces to the Afghan
National Security Forces of lead responsibility for
security throughout Afghanistan by the end of 2014.
(3) In June 2011, President Barack Obama said,
``What we can do, and will do, is build a partnership
with the Afghan people that endures--one that ensures
that we will be able to continue targeting terrorists
and supporting a sovereign Afghan government''.
(4) In November 2011, a traditional loya jirga in
Kabul declared that ``strategic cooperation with the
United States of America, which is a strategic ally of
the people and government of Afghanistan, is considered
important in order to ensure political, economic, and
military security'' and also stated, ``Signing a
strategic cooperation document with the United States
conforms with the national interest of Afghanistan and
is of significant importance''.
(5) On May 2, 2012, President Obama and President
Hamid Karzai signed the Enduring Strategic Partnership
Agreement Between the United States of America and the
Islamic Republic of Afghanistan.
(6) At the signing of the Enduring Strategic
Partnership Agreement, President Obama said, ``Today
we're agreeing to be long-term partners in combating
terrorism, and training Afghan security forces,
strengthening democratic institutions and supporting
development, and protecting human rights of all
Afghans. With this agreement, the Afghan people, and
the world, should know that Afghanistan has a friend
and a partner in the United States''.
(7) At a May 20, 2012, bilateral meeting with
President Karzai at the NATO Summit in Chicago,
President Obama said that the Enduring Strategic
Partnership Agreement ``reflects a future in which two
sovereign nations--the United States and Afghanistan--
are operating as partners, to the benefit of our
countries' citizens, but also for the benefit of peace
and security and stability in the region and around the
world''.
(8) President Karzai said at the May 20, 2012,
bilateral meeting with President Obama, ``Mr.
President, the partnership that we signed a few weeks
ago in Kabul has turned a new page in our relations.
And the new page is a page of two sovereign countries
working together for the mutual interests--peace and
security and in all other areas''.
(9) On May 26, 2012, the Wolesi Jirga, the lower
house of the Afghan parliament, approved the Agreement
by a vote of 191-7 with 2 abstentions.
(10) On June 3, 2012, the Meshrano Jirga, the upper
house of the Afghan parliament, approved the Agreement
by a vote of 67-13.
(11) On July 8, 2012, at the Tokyo Conference on
Afghanistan, the international community and the
Government of Afghanistan reaffirmed their partnership
in the economic growth and development of Afghanistan
through a process of mutual commitments and
accountability.
(12) On July 4, 2012, the Enduring Strategic
Partnership Agreement entered into force.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the members of the United States Armed Forces,
intelligence community, and diplomatic and development
community of the United States are to be commended for
their dedicated efforts and sacrifices in support of
military and stability operations in Afghanistan that
have helped strengthen security in Afghanistan, laid
the foundation for transition to a long-term
partnership between the United States and a sovereign
Afghanistan, and supported the Government and people of
Afghanistan as they continue to build their capacity to
effectively and justly govern;
(2) the United States negotiating team for the
Enduring Strategic Partnership Agreement, including the
United States Embassy personnel in Kabul under the
leadership of Ambassador Ryan Crocker, is to be
commended for its committed diplomatic efforts;
(3) the Governments of the United States and
Afghanistan are to be commended for concluding the
Enduring Strategic Partnership Agreement;
(4) Congress supports the objectives and principles
of the Enduring Strategic Partnership Agreement,
including protecting and promoting shared democratic
values, advancing long-term security, reinforcing
regional security and cooperation, fostering social and
economic development, upholding the rights of women and
minorities, and strengthening institutions and
governance in Afghanistan;
(5) it is essential that the Government and people
of Afghanistan fulfill Afghanistan's international
commitments as agreed at the Tokyo Conference of July
2012, the Bonn Conference of December 2011, the Kabul
Conference of July 2011, and other venues to combat
corruption, protect the equal rights of all citizens of
Afghanistan and enforce the rule of law, hold free and
fair elections in 2014, and build inclusive and
effective institutions of democratic governance;
(6) a key national security interest of the United
States is to maintain a long-term political, economic,
and military relationship with Afghanistan, including a
limited presence of United States Armed Forces for the
purpose of training, advising, and supporting Afghan
National Security Forces and cooperating on shared
counterterrorism objectives;
(7) the negotiation and conclusion of a Bilateral
Security Agreement, as called for in the Enduring
Strategic Partnership Agreement, will provide a
fundamental framework for the long-term security
relationship between the United States and Afghanistan;
and
(8) Congress has a critical role in continuing to
provide the support and assistance necessary to achieve
the goals of the Enduring Strategic Partnership
Agreement.
SEC. 1225. CONSULTATIONS WITH CONGRESS ON A BILATERAL SECURITY
AGREEMENT WITH AFGHANISTAN.
(a) Consultations Required.--Commencing not later than 30
days after the date of the enactment of this Act, the President
shall consult periodically with the appropriate committees of
Congress on the status of the negotiations on a bilateral
security agreement between the United States of America and the
Islamic Republic of Afghanistan. Such consultations shall
include a briefing summarizing the purpose, objectives, and key
issues relating to the agreement.
(b) Availability of Agreement Text.--Before entering into
any bilateral security agreement with Afghanistan, the
President shall make available to the appropriate committees of
Congress the text of such agreement.
(c) Termination of Consultations.--The requirements of this
section shall terminate on the date on which the United States
and Afghanistan enter into a bilateral security agreement or
the President notifies Congress that negotiations on such an
agreement have been terminated.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1226. COMPLETION OF TRANSITION OF UNITED STATES COMBAT AND
MILITARY AND SECURITY OPERATIONS TO THE GOVERNMENT
OF AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should, in coordination with the
Government of Afghanistan, North Atlantic Treaty
Organization (NATO) member countries, and other allies
in Afghanistan, seek to--
(A) undertake all appropriate activities to
accomplish the President's stated goal of
transitioning the lead responsibility for
security to the Government of Afghanistan by
mid-summer 2013;
(B) as part of accomplishing this
transition of the lead responsibility for
security to the Government of Afghanistan, draw
down United States troops to a level sufficient
to meet this goal;
(C) continue to draw down United States
troop levels through the end of 2014; and
(D) end all regular combat operations by
United States troops by not later than December
31, 2014, and take all possible steps to end
such operations at the earliest date consistent
with a safe and orderly draw down of United
States troops in Afghanistan; and
(2) the recommendations of the commanders of the
International Security Assistance Force on the overall
strategy for Afghanistan, including the pace of the
draw down, should be given serious consideration.
(b) Rule of Construction.--Nothing in this section shall be
construed to recommend or support any limitation or prohibition
on any authority of the President--
(1) to modify the military strategy, tactics, and
operations of United States Armed Forces as such Armed
Forces redeploy from Afghanistan;
(2) to authorize United States forces in
Afghanistan to defend themselves whenever they may be
threatened;
(3) to attack al-Qaeda forces wherever such forces
are located;
(4) to provide financial support and equipment to
the Government of Afghanistan for the training and
supply of Afghanistan military and security forces; or
(5) to gather, provide, and share intelligence with
United States allies operating in Afghanistan and
Pakistan.
SEC. 1227. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393), as most recently amended
by section 1213 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1630), is
further amended by striking ``for fiscal year 2012'' and
inserting ``for fiscal year 2013''.
(b) Limitation on Amounts Available.--Subsection (d) of
such section 1233, as so amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``during fiscal year 2012
may not exceed $1,690,000,000'' and inserting
``during fiscal year 2013 may not exceed
$1,650,000,000''; and
(B) by adding at the end the following new
sentence: ``Of the aggregate amount specified
in the preceding sentence, the total amount of
reimbursements made under subsection (a) and
support provided under subsection (b) to
Pakistan during fiscal year 2013 may not exceed
$1,200,000,000.''; and
(2) by adding at the end the following new
paragraph:
``(3) Prohibition on reimbursement of pakistan for
support during periods closed to transshipment.--
Effective as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2013, funds (including funds from a prior fiscal year
that remain available for obligation) may not be used
for reimbursements under the authority in subsection
(a) for Pakistan for claims of support provided during
any period when the ground lines of supply through
Pakistan to Afghanistan were closed to the
transshipment of equipment and supplies in support of
United States military operations in Afghanistan.''.
(c) Supported Operations.--Such section 1233 is further
amended in subsections (a)(1) and (b) by striking ``Operation
Iraqi Freedom or''.
(d) Limitation on Reimbursement of Pakistan in Fiscal Year
2013 Pending Certification on Pakistan.--
(1) In general.--Effective as of the date of the
enactment of this Act, no amounts authorized to be
appropriated by this Act, and no amounts authorized to
be appropriated for fiscal years before fiscal year
2013 that remain available for obligation, may be used
for reimbursements of Pakistan under the authority in
subsection (a) of section 1233 of the National Defense
Authorization Act for Fiscal Year 2008, as amended by
this section, until the Secretary of Defense certifies
to the congressional defense committees each of the
following:
(A) That Pakistan is maintaining security
along the Ground Lines of Communications
(GLOCs) through Pakistan to Afghanistan for the
transshipment of equipment and supplies in
support of United States military operations in
Afghanistan and the retrograde of United States
equipment out of Afghanistan.
(B) That Pakistan is taking demonstrable
steps to--
(i) support counterterrorism
operations against al Qaeda, Tehrik-i-
Taliban Pakistan, and other militant
extremists groups such as the Haqqani
Network and the Quetta Shura Taliban
located in Pakistan;
(ii) disrupt the conduct of cross-
border attacks against United States,
coalition, and Afghanistan security
forces located in Afghanistan by such
groups (including the Haqqani Network
and the Quetta Shura Taliban) from
bases in Pakistan; and
(iii) counter the threat of
improvised explosive devices, including
efforts to attack improvised explosive
device networks, monitor known
precursors used in improvised explosive
devices, and systematically address the
misuse of explosive materials
(including calcium ammonium nitrate)
and accessories and their supply to
legitimate end-users in a manner that
impedes the flow of improvised
explosive devices and improvised
explosive device components into
Afghanistan.
(2) Waiver authority.--The Secretary may waive the
limitation in paragraph (1) if the Secretary certifies
to the congressional defense committees in writing that
the waiver is in the national security interests of the
United States and includes with such certification a
justification for the waiver.
(3) Report.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of State,
submit to the congressional defense committees a report
on the provision of reimbursements and support to
Pakistan under this section and the amendments made by
this section. The report shall include the following:
(A) A description of the process for
reimbursing or providing support to Pakistan
under section 1233 of the National Defense
Authorization Act for Fiscal Year 2008, as so
amended, including the process by which claims
are proposed and adjudicated.
(B) Any conditions or caveats that the
Government of Pakistan has placed on the use of
the ground lines of supply through Pakistan in
support of United States forces in Afghanistan
or for the retrograde of United States
equipment out of Afghanistan.
(C) An estimate of the costs for fiscal
years 2011 through 2013 associated with the
transshipment of equipment and supplies in
support of United States forces in Afghanistan
through--
(i) supply routes in Pakistan; and
(ii) supply routes along the
Northern Distribution Network.
SEC. 1228. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY
FUND.
(a) Extension.--Section 1224(h) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2521), as most recently amended by section 1220(a) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1633), is further amended by striking
``September 30, 2012'' each place it appears and inserting
``September 30, 2013''.
(b) Extension of Limitation on Funds Pending Report.--
Section 1220(b)(1)(A) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1633) is
amended by striking ``fiscal year 2012'' and inserting ``fiscal
year 2013''.
(c) Limitation on Use of Funds.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available
for the Pakistan Counterinsurgency Fund may be used to
provide assistance to the Government of Pakistan until
the Secretary of Defense, in consultation with the
Secretary of State, certifies to the appropriate
congressional committees that--
(A) the Government of Pakistan is
demonstrating a continuing commitment to and is
making significant efforts toward the
implementation of a strategy to counter
improvised explosive devices (IEDs),
including--
(i) attacking IED networks;
(ii) monitoring known precursors
used in IEDs; and
(iii) developing a strict protocol
for the manufacture of explosive
materials, including calcium ammonium
nitrate, and accessories and their
supply to legitimate end users; and
(B) the Government of Pakistan is
cooperating with United States counterterrorism
efforts, including by not detaining,
prosecuting, or imprisoning citizens of
Pakistan as a result of their cooperation with
such efforts, including Dr. Shakil Afridi.
(2) Waiver.--The Secretary of Defense, in
consultation with the Secretary of State, may waive the
requirements of paragraph (1) if the Secretary of
Defense determines it is in the national security
interest of the United States to do so.
(3) Definition.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
Subtitle C--Matters Relating to Iran
SEC. 1231. REPORT ON UNITED STATES CAPABILITIES IN RELATION TO CHINA,
NORTH KOREA, AND IRAN.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, and not later than March 31, 2014, the
Chairman of the Joint Chiefs of Staff, in consultation with the
commanders of the relevant geographical and functional
combatant commands, shall submit to the congressional defense
committees a report on United States capabilities in relation
to the People's Republic of China, the Democratic People's
Republic of Korea, and the Republic of Iran.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) Any critical gaps in intelligence that limit
the ability of the United States Armed Forces to
counter challenges or threats emanating from each of
the foreign countries described in subsection (a).
(2) Any gaps in the capabilities, capacity, and
authorities of the United States Armed Forces to
counter challenges or threats to United States
personnel and United States interests in the respective
regions of the foreign countries described in
subsection (a).
(3) Any other matters the Chairman of the Joint
Chiefs of Staff considers to be relevant.
(c) Information to Be Considered.--In preparing the report
required by subsection (a), the Chairman of the Joint Chiefs of
Staff should consider the information contained in the most
recent reports required by the following:
(1) Section 1236 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1641).
(2) Section 1245 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2542).
(3) Section 1202 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 781; 10 U.S.C. 113 note).
SEC. 1232. REPORT ON MILITARY CAPABILITIES OF GULF COOPERATION COUNCIL
MEMBERS.
(a) Report.--The Secretary of Defense, in consultation with
the Secretary of State, shall evaluate the military
capabilities of members of the Cooperation Council for the Arab
States of the Gulf (in this section referred to as the ``Gulf
Cooperation Council'') and submit to the appropriate
congressional committees a report on the findings of such
evaluation.
(b) Matters To Be Included.--The report required under
subsection (a) shall include the following:
(1) An assessment of the military capabilities of
Gulf Cooperation Council members to defend collectively
against Iran and contribute to international counter-
terrorism and counter-piracy efforts.
(2) An assessment of gaps in the military
capabilities of Gulf Cooperation Council members to
defend collectively against Iran and a detailed
description of military capabilities necessary to
address those gaps.
(3) An evaluation of United States military
capabilities and posture in the region and an analysis
of the capacity of the United States Armed Forces to
augment the military capabilities of Gulf Cooperation
Council members.
(4) A description of the United States Government's
ongoing efforts to foster regional cooperation through
ongoing bilateral and multilateral strategic security
dialogues.
(5) A summary of Gulf Cooperation Council
operational and training requests to the United States
Government and the associated actions taken by the
United States Government.
(c) Submission to Congress.--The report required under
subsection (a) shall be submitted to the appropriate
congressional committees not later than 180 days after the date
of the enactment of this Act.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives.
SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN.
It is the sense of Congress that the United States should
be prepared to take all necessary measures, including military
action if required, to prevent Iran from threatening the United
States, its allies, or Iran's neighbors with a nuclear weapon.
SEC. 1234. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the
use of force against Iran.
Subtitle D--Iran Sanctions
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Iran Freedom and
Counter-Proliferation Act of 2012''.
SEC. 1242. DEFINITIONS.
(a) In General.--In this subtitle:
(1) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given that
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the committees specified in section
14(2) of the Iran Sanctions Act of 1996 (Public
Law 104-172; 50 U.S.C. 1701 note); and
(B) the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives.
(3) Coal.--The term ``coal'' means metallurgical
coal, coking coal, or fuel coke.
(4) Correspondent account; payable-through
account.--The terms ``correspondent account'' and
``payable-through account'' have the meanings given
those terms in section 5318A of title 31, United States
Code.
(5) Foreign financial institution.--The term
``foreign financial institution'' has the meaning of
that term as determined by the Secretary of the
Treasury pursuant to section 104(i) of the
Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(6) Good.--The term ``good'' has the meaning given
that term in section 16 of the Export Administration
Act of 1979 (50 U.S.C. App. 2415) (as continued in
effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
(7) Iranian financial institution.--The term
``Iranian financial institution'' has the meaning given
that term in section 104A(d) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8513b(d)).
(8) Iranian person.--The term ``Iranian person''
means--
(A) an individual who is a citizen or
national of Iran; and
(B) an entity organized under the laws of
Iran or otherwise subject to the jurisdiction
of the Government of Iran.
(9) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
(10) Medical device.--The term ``medical device''
has the meaning given the term ``device'' in section
201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(11) Medicine.--The term ``medicine'' has the
meaning given the term ``drug'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(12) Shipping.--The term ``shipping'' refers to the
transportation of goods by a vessel and related
activities.
(13) United states person.--The term ``United
States person'' has the meaning given that term in
section 101 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8511).
(14) Vessel.--The term ``vessel'' has the meaning
given that term in section 3 of title 1, United States
Code.
(b) Determinations of Significance.--For purposes of this
subtitle, in determining if financial transactions or financial
services are significant, the President may consider the
totality of the facts and circumstances, including factors
similar to the factors set forth in section 561.404 of title
31, Code of Federal Regulations (or any corresponding similar
regulation or ruling).
SEC. 1243. SENSE OF CONGRESS RELATING TO VIOLATIONS OF HUMAN RIGHTS BY
IRAN.
(a) Finding.--Congress finds that the interests of the
United States and international peace are threatened by the
ongoing and destabilizing actions of the Government of Iran,
including its massive, systematic, and extraordinary violations
of the human rights of its own citizens.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) deny the Government of Iran the ability to
continue to oppress the people of Iran and to use
violence and executions against pro-democracy
protestors and regime opponents;
(2) fully and publicly support efforts made by the
people of Iran to promote the establishment of basic
freedoms that build the foundation for the emergence of
a freely elected, open, and democratic political
system;
(3) help the people of Iran produce, access, and
share information freely and safely via the Internet
and through other media; and
(4) defeat all attempts by the Government of Iran
to jam or otherwise obstruct international satellite
broadcast signals.
SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE ENERGY,
SHIPPING, AND SHIPBUILDING SECTORS OF IRAN.
(a) Findings.--Congress makes the following findings:
(1) Iran's energy, shipping, and shipbuilding
sectors and Iran's ports are facilitating the
Government of Iran's nuclear proliferation activities
by providing revenue to support proliferation
activities.
(2) The United Nations Security Council and the
United States Government have expressed concern about
the proliferation risks presented by the Iranian
nuclear program.
(3) The Director General of the International
Atomic Energy Agency (in this section referred to as
the ``IAEA'') has in successive reports (GOV/2012/37
and GOV/2011/65) identified possible military
dimensions of Iran's nuclear program.
(4) The Government of Iran continues to defy the
requirements and obligations contained in relevant IAEA
Board of Governors and United Nations Security Council
resolutions, including by continuing and expanding
uranium enrichment activities in Iran, as reported in
IAEA Report GOV/2012/37.
(5) United Nations Security Council Resolution 1929
(2010) recognizes the ``potential connection between
Iran's revenues derived from its energy sector and the
funding of Iran's proliferation sensitive nuclear
activities''.
(6) The National Iranian Tanker Company is the main
carrier for the Iranian Revolutionary Guard Corps-
designated National Iranian Oil Company and a key
element in the petroleum supply chain responsible for
generating energy revenues that support the illicit
nuclear proliferation activities of the Government of
Iran.
(b) Designation of Ports and Entities in the Energy,
Shipping, and Shipbuilding Sectors of Iran as Entities of
Proliferation Concern.--Entities that operate ports in Iran and
entities in the energy, shipping, and shipbuilding sectors of
Iran, including the National Iranian Oil Company, the National
Iranian Tanker Company, the Islamic Republic of Iran Shipping
Lines, and their affiliates, play an important role in Iran's
nuclear proliferation efforts and all such entities are hereby
designated as entities of proliferation concern.
(c) Blocking of Property of Entities in Energy, Shipping,
and Shipbuilding Sectors.--
(1) Blocking of property.--
(A) In general.--On and after the date that
is 180 days after the date of the enactment of
this Act, the President shall block and
prohibit all transactions in all property and
interests in property of any person described
in paragraph (2) if such property and interests
in property are in the United States, come
within the United States, or are or come within
the possession or control of a United States
person.
(B) Exception.--The requirement to block
and prohibit all transactions in all property
and interests in property under subparagraph
(A) shall not include the authority to impose
sanctions on the importation of goods.
(2) Persons described.--A person is described in
this paragraph if the President determines that the
person, on or after the date that is 180 days after the
date of the enactment of this Act--
(A) is part of the energy, shipping, or
shipbuilding sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant
financial, material, technological, or other
support to, or goods or services in support of
any activity or transaction on behalf of or for
the benefit of--
(i) a person determined under
subparagraph (A) to be a part of the
energy, shipping, or shipbuilding
sectors of Iran;
(ii) a person determined under
subparagraph (B) to operate a port in
Iran; or
(iii) an Iranian person included on
the list of specially designated
nationals and blocked persons
maintained by the Office of Foreign
Assets Control of the Department of the
Treasury (other than an Iranian
financial institution described in
paragraph (3)).
(3) Iranian financial institutions described.--An
Iranian financial institution described in this
paragraph is an Iranian financial institution that has
not been designated for the imposition of sanctions in
connection with--
(A) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of
mass destruction;
(B) Iran's support for international
terrorism; or
(C) Iran's abuses of human rights.
(d) Additional Sanctions With Respect to the Energy,
Shipping, and Shipbuilding Sectors of Iran.--
(1) Sale, supply, or transfer of certain goods and
services.--
(A) In general.--Except as provided in this
section, the President shall impose 5 or more
of the sanctions described in section 6(a) of
the Iran Sanctions Act of 1996 (Public Law 104-
172; 50 U.S.C. 1701 note) with respect to a
person if the President determines that the
person knowingly, on or after the date that is
180 days after the date of the enactment of
this Act, sells, supplies, or transfers to or
from Iran goods or services described in
paragraph (3).
(B) Exception.--The requirement to impose
sanctions under subparagraph (A) shall not
include the authority to impose sanctions
relating to the importation of goods under
paragraph (8)(A) or (12) of section 6(a) of the
Iran Sanctions Act of 1996, and any sanction
relating to the importation of goods shall not
count for purposes of the requirement to impose
sanctions under subparagraph (A).
(2) Facilitation of certain transactions.--Except
as provided in this section, the President shall
prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of
a correspondent account or a payable-through account by
a foreign financial institution that the President
determines knowingly, on or after the date that is 180
days after the date of the enactment of this Act,
conducts or facilitates a significant financial
transaction for the sale, supply, or transfer to or
from Iran of goods or services described in paragraph
(3).
(3) Goods and services described.--Goods or
services described in this paragraph are significant
goods or services used in connection with the energy,
shipping, or shipbuilding sectors of Iran, including
the National Iranian Oil Company, the National Iranian
Tanker Company, and the Islamic Republic of Iran
Shipping Lines.
(e) Humanitarian Exception.--The President may not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices to
Iran or for the provision of humanitarian assistance to the
people of Iran.
(f) Exception for Afghanistan Reconstruction.--The
President may provide for an exception from the imposition of
sanctions under this section for reconstruction assistance or
economic development for Afghanistan--
(1) to the extent that the President determines
that such an exception is in the national interest of
the United States; and
(2) if the President submits to the appropriate
congressional committees a notification of and
justification for the exception not later than 15 days
before issuing the exception.
(g) Applicability of Sanctions to Petroleum and Petroleum
Products.--
(1) In general.--Except as provided in paragraph
(2), this section shall apply with respect to the
purchase of petroleum or petroleum products from Iran
only if, at the time of the purchase, a determination
of the President under section 1245(d)(4)(B) of the
National Defense Authorization Act for Fiscal Year 2012
(22 U.S.C. 8513a(d)(4)(B)) that the price and supply of
petroleum and petroleum products produced in countries
other than Iran is sufficient to permit purchasers of
petroleum and petroleum products from Iran to reduce
significantly their purchases from Iran is in effect.
(2) Exception for certain countries.--
(A) Exportation.--This section shall not
apply with respect to the exportation of
petroleum or petroleum products from Iran to a
country to which the exception under section
1245(d)(4)(D)(i) of the National Defense
Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)(4)(D)(i)) applies at the time
of the exportation of the petroleum or
petroleum products.
(B) Financial transactions.--
(i) In general.--This section shall
not apply with respect to a financial
transaction described in clause (ii)
conducted or facilitated by a foreign
financial institution if, at the time
of the transaction, the exception under
section 1245(d)(4)(D)(i) of the
National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(D)(i)) applies to the
country with primary jurisdiction over
the foreign financial institution.
(ii) Financial transactions
described.--A financial transaction
conducted or facilitated by a foreign
financial institution is described in
this clause if--
(I) the financial
transaction is only for trade
in goods or services--
(aa) not otherwise
subject to sanctions
under the law of the
United States; and
(bb) between the
country with primary
jurisdiction over the
foreign financial
institution and Iran;
and
(II) any funds owed to Iran
as a result of such trade are
credited to an account located
in the country with primary
jurisdiction over the foreign
financial institution.
(h) Applicability of Sanctions to Natural Gas.--
(1) Sale, supply, or transfer.--Except as provided
in paragraph (2), this section shall not apply to the
sale, supply, or transfer to or from Iran of natural
gas.
(2) Financial transactions.--This section shall
apply to a foreign financial institution that conducts
or facilitates a financial transaction for the sale,
supply, or transfer to or from Iran of natural gas
unless--
(A) the financial transaction is only for
trade in goods or services--
(i) not otherwise subject to
sanctions under the law of the United
States; and
(ii) between the country with
primary jurisdiction over the foreign
financial institution and Iran; and
(B) any funds owed to Iran as a result of
such trade are credited to an account located
in the country with primary jurisdiction over
the foreign financial institution.
(i) Waiver.--
(1) In general.--The President may waive the
imposition of sanctions under this section for a period
of not more than 180 days, and may renew that waiver
for additional periods of not more than 180 days, if
the President--
(A) determines that such a waiver is vital
to the national security of the United States;
and
(B) submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under
paragraph (1)(B) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF CERTAIN MATERIALS TO OR FROM IRAN.
(a) Sale, Supply, or Transfer of Certain Materials.--
(1) In general.--The President shall impose 5 or
more of the sanctions described in section 6(a) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) with respect to a person if the
President determines that the person knowingly, on or
after the date that is 180 days after the date of the
enactment of this Act, sells, supplies, or transfers,
directly or indirectly, to or from Iran--
(A) a precious metal;
(B) a material described in subsection (d)
determined pursuant to subsection (e)(1) to be
used by Iran as described in that subsection;
(C) any other material described in
subsection (d) if--
(i) the material is--
(I) to be used in
connection with the energy,
shipping, or shipbuilding
sectors of Iran or any sector
of the economy of Iran
determined pursuant to
subsection (e)(2) to be
controlled directly or
indirectly by Iran's
Revolutionary Guard Corps;
(II) sold, supplied, or
transferred to or from an
Iranian person included on the
list of specially designated
nationals and blocked persons
maintained by the Office of
Foreign Assets Control of the
Department of the Treasury
(other than an Iranian
financial institution described
in subsection (b)); or
(III) determined pursuant
to subsection (e)(3) to be used
in connection with the nuclear,
military, or ballistic missile
programs of Iran; or
(ii) the material is resold,
retransferred, or otherwise supplied--
(I) to an end-user in a
sector described in subclause
(I) of clause (i);
(II) to a person described
in subclause (II) of that
clause; or
(III) for a program
described in subclause (III) of
that clause.
(2) Exception.--The requirement to impose sanctions
under paragraph (1) shall not include the authority to
impose sanctions relating to the importation of goods
under paragraph (8)(A) or (12) of section 6(a) of the
Iran Sanctions Act of 1996, and any sanction relating
to the importation of goods shall not count for
purposes of the requirement to impose sanctions under
paragraph (1).
(b) Iranian Financial Institutions Described.--An Iranian
financial institution described in this subsection is an
Iranian financial institution that has not been designated for
the imposition of sanctions in connection with--
(1) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of mass
destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Facilitation of Certain Transactions.--The President
shall prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a foreign
financial institution that the President determines knowingly,
on or after the date that is 180 days after the date of the
enactment of this Act, conducts or facilitates a significant
financial transaction for the sale, supply, or transfer to or
from Iran of materials the sale, supply, or transfer of which
would subject a person to sanctions under subsection (a).
(d) Materials Described.--Materials described in this
subsection are graphite, raw or semi-finished metals such as
aluminum and steel, coal, and software for integrating
industrial processes.
(e) Determination With Respect to Use of Materials.--Not
later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the President shall submit
to the appropriate congressional committees and publish in the
Federal Register a report that contains the determination of
the President with respect to--
(1) whether Iran is--
(A) using any of the materials described in
subsection (d) as a medium for barter, swap, or
any other exchange or transaction; or
(B) listing any of such materials as assets
of the Government of Iran for purposes of the
national balance sheet of Iran;
(2) which sectors of the economy of Iran are
controlled directly or indirectly by Iran's
Revolutionary Guard Corps; and
(3) which of the materials described in subsection
(d) are used in connection with the nuclear, military,
or ballistic missile programs of Iran.
(f) Exception for Persons Exercising Due Diligence.--The
President may not impose sanctions under subsection (a) or (c)
with respect to a person if the President determines that the
person has exercised due diligence in establishing and
enforcing official policies, procedures, and controls to ensure
that the person does not sell, supply, or transfer to or from
Iran materials the sale, supply, or transfer of which would
subject a person to sanctions under subsection (a) or conduct
or facilitate a financial transaction for such a sale, supply,
or transfer.
(g) Waiver.--
(1) In general.--The President may waive the
imposition of sanctions under this section for a period
of not more than 180 days, and may renew that waiver
for additional periods of not more than 180 days, if
the President--
(A) determines that such a waiver is vital
to the national security of the United States;
and
(B) submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under
paragraph (1)(B) shall be submitted in unclassified
form, but may include a classified annex.
(h) National Balance Sheet of Iran Defined.--For purposes
of this section, the term ``national balance sheet of Iran''
refers to the ratio of the assets of the Government of Iran to
the liabilities of that Government.
SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF
UNDERWRITING SERVICES OR INSURANCE OR REINSURANCE
FOR ACTIVITIES OR PERSONS WITH RESPECT TO WHICH
SANCTIONS HAVE BEEN IMPOSED.
(a) Imposition of Sanctions.--
(1) In general.--Except as provided in this
section, the President shall impose 5 or more of the
sanctions described in section 6(a) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note) with respect to a person if the President
determines that the person knowingly, on or after the
date that is 180 days after the date of the enactment
of this Act, provides underwriting services or
insurance or reinsurance--
(A) for any activity with respect to Iran
for which sanctions have been imposed under
this subtitle, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.),
the Iran Sanctions Act of 1996, the
Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8501 et
seq.), the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8701 et
seq.), the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178; 50
U.S.C. 1701 note), or any other provision of
law relating to the imposition of sanctions
with respect to Iran;
(B) to or for any person--
(i) with respect to, or for the
benefit of any activity in the energy,
shipping, or shipbuilding sectors of
Iran for which sanctions are imposed
under this subtitle;
(ii) for the sale, supply, or
transfer to or from Iran of materials
described in section 1245(d) for which
sanctions are imposed under this
subtitle; or
(iii) designated for the imposition
of sanctions pursuant to the
International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) in
connection with--
(I) Iran's proliferation of
weapons of mass destruction or
delivery systems for weapons of
mass destruction; or
(II) Iran's support for
international terrorism; or
(C) to or for any Iranian person included
on the list of specially designated nationals
and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the
Treasury (other than an Iranian financial
institution described in subsection (b)).
(2) Exception.--The requirement to impose sanctions
under paragraph (1) shall not include the authority to
impose sanctions relating to the importation of goods
under paragraph (8)(A) or (12) of section 6(a) of the
Iran Sanctions Act of 1996, and any sanction relating
to the importation of goods shall not count for
purposes of the requirement to impose sanctions under
paragraph (1).
(b) Iranian Financial Institutions Described.--An Iranian
financial institution described in this subsection is an
Iranian financial institution that has not been designated for
the imposition of sanctions in connection with--
(1) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of mass
destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Humanitarian Exception.--The President may not impose
sanctions under subsection (a) for the provision of
underwriting services or insurance or reinsurance for a
transaction for the sale of agricultural commodities, food,
medicine, or medical devices to Iran or for the provision of
humanitarian assistance to the people of Iran.
(d) Exception for Underwriters and Insurance Providers
Exercising Due Diligence.--The President may not impose
sanctions under subparagraph (A) or (C) or clause (i) or (ii)
of subparagraph (B) of subsection (a)(1) with respect to a
person that provides underwriting services or insurance or
reinsurance if the President determines that the person has
exercised due diligence in establishing and enforcing official
policies, procedures, and controls to ensure that the person
does not underwrite or enter into a contract to provide
insurance or reinsurance for an activity described in
subparagraph (A) of that subsection or to or for any person
described in subparagraph (C) or clause (i) or (ii) of
subparagraph (B) of that subsection.
(e) Waiver.--
(1) In general.--The President may waive the
imposition of sanctions under subsection (a) for a
period of not more than 180 days, and may renew that
waiver for additional periods of not more than 180
days, if the President--
(A) determines that such a waiver is vital
to the national security of the United States;
and
(B) submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under
paragraph (1)(B) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT FACILITATE FINANCIAL TRANSACTIONS
ON BEHALF OF SPECIALLY DESIGNATED NATIONALS.
(a) In General.--Except as provided in this section, the
President shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a foreign
financial institution that the President determines has, on or
after the date that is 180 days after the date of the enactment
of this Act, knowingly facilitated a significant financial
transaction on behalf of any Iranian person included on the
list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury (other than an Iranian financial
institution described in subsection (b)).
(b) Iranian Financial Institutions Described.--An Iranian
financial institution described in this subsection is an
Iranian financial institution that has not been designated for
the imposition of sanctions in connection with--
(1) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of mass
destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Humanitarian Exception.--The President may not impose
sanctions under subsection (a) with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices to
Iran or for the provision of humanitarian assistance to the
people of Iran.
(d) Applicability of Sanctions to Petroleum and Petroleum
Products.--
(1) In general.--Except as provided in paragraph
(2), subsection (a) shall apply with respect to a
financial transaction for the purchase of petroleum or
petroleum products from Iran only if, at the time of
the transaction, a determination of the President under
section 1245(d)(4)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(B)) that the price and supply of petroleum
and petroleum products produced in countries other than
Iran is sufficient to permit purchasers of petroleum
and petroleum products from Iran to reduce
significantly their purchases from Iran is in effect.
(2) Exception for certain countries.--
(A) In general.--Subsection (a) shall not
apply with respect to a financial transaction
described in subparagraph (B) conducted or
facilitated by a foreign financial institution
if, at the time of the transaction, the
exception under section 1245(d)(4)(D)(i) of the
National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies
to the country with primary jurisdiction over
the foreign financial institution.
(B) Financial transactions described.--A
financial transaction conducted or facilitated
by a foreign financial institution is described
in this subparagraph if--
(i) the financial transaction is
only for trade in goods or services--
(I) not otherwise subject
to sanctions under the law of
the United States; and
(II) between the country
with primary jurisdiction over
the foreign financial
institution and Iran; and
(ii) any funds owed to Iran as a
result of such trade are credited to an
account located in the country with
primary jurisdiction over the foreign
financial institution.
(e) Applicability of Sanctions to Natural Gas.--Subsection
(a) shall apply to a foreign financial institution that
conducts or facilitates a financial transaction for the sale,
supply, or transfer to or from Iran of natural gas unless--
(1) the financial transaction is only for trade in
goods or services--
(A) not otherwise subject to sanctions
under the law of the United States; and
(B) between the country with primary
jurisdiction over the foreign financial
institution and Iran; and
(2) any funds owed to Iran as a result of such
trade are credited to an account located in the country
with primary jurisdiction over the foreign financial
institution.
(f) Waiver.--
(1) In general.--The President may waive the
imposition of sanctions under subsection (a) for a
period of not more than 180 days, and may renew that
waiver for additional periods of not more than 180
days, if the President--
(A) determines that such a waiver is vital
to the national security of the United States;
and
(B) submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under
paragraph (1)(B) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 1248. IMPOSITIONS OF SANCTIONS WITH RESPECT TO THE ISLAMIC
REPUBLIC OF IRAN BROADCASTING.
(a) Findings.--Congress makes the following findings:
(1) The Islamic Republic of Iran Broadcasting has
contributed to the infringement of individuals' human
rights by broadcasting forced televised confession and
show trials.
(2) In March 2012, the European Council imposed
sanctions on the President of the Islamic Republic of
Iran Broadcasting, Ezzatollah Zargami, for broadcasting
forced confessions of detainees and a series of ``show
trials'' in August 2009 and December 2011 that
constituted a clear violation of international law with
respect to the right to a fair trial and due process.
(b) Imposition of Sanctions.--
(1) In general.--The President shall, after the
date of the enactment of this Act--
(A) impose sanctions described in section
105(c) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22
U.S.C. 8514(c)) with respect to the Islamic
Republic of Iran Broadcasting and the President
of the Islamic Republic of Iran Broadcasting,
Ezzatollah Zargami; and
(B) include the Islamic Republic of Iran
Broadcasting and the President of the Islamic
Republic of Iran Broadcasting, Ezzatollah
Zargami, on the list of specially designated
nationals and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury.
(2) Exception.--The requirement to impose sanctions
under paragraph (1)(A) shall not include the authority
to impose sanctions on the importation of goods.
(3) Application of certain provisions.--Sections
105(d) and 401(b) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8514(d) and 8551(b)) shall apply with respect to
sanctions imposed under paragraph (1)(A) to the same
extent that such sections apply with respect to the
imposition of sanctions under section 105(a) of that
Act (22 U.S.C. 8514(a)).
SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS ENGAGED IN
THE DIVERSION OF GOODS INTENDED FOR THE PEOPLE OF
IRAN.
(a) In General.--Title I of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8511 et seq.) is amended by inserting after section 105B
the following:
``SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS ENGAGED IN
THE DIVERSION OF GOODS INTENDED FOR THE PEOPLE OF
IRAN.
``(a) Imposition of Sanctions.--
``(1) In general.--The President shall impose
sanctions described in section 105(c) with respect to
each person on the list required by subsection (b).
``(2) Exception.--The requirement to impose
sanctions under paragraph (1) shall not include the
authority to impose sanctions on the importation of
goods.
``(b) List of Persons Who Engage in Diversion.--
``(1) In general.--As relevant information becomes
available, the President shall submit to the
appropriate congressional committees a list of persons
that the President determines have, on or after the
date of the enactment of the Iran Freedom and Counter-
Proliferation Act of 2012, engaged in corruption or
other activities relating to--
``(A) the diversion of goods, including
agricultural commodities, food, medicine, and
medical devices, intended for the people of
Iran; or
``(B) the misappropriation of proceeds from
the sale or resale of such goods.
``(2) Form of report; public availability.--
``(A) Form.--The list required by paragraph
(1) shall be submitted in unclassified form but
may contain a classified annex.
``(B) Public availability.--The
unclassified portion of the list required by
paragraph (1) shall be made available to the
public and posted on the websites of the
Department of the Treasury and the Department
of State.
``(c) Good Defined.--In this section, the term `good' has
the meaning given that term in section 1242(a) of the Iran
Freedom and Counter-Proliferation Act of 2012.''.
(b) Waiver.--Section 401(b)(1) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8551(b)(1)) is amended--
(1) by striking ``or 105B(a)'' and inserting
``105B(a), or 105C(a)''; and
(2) by striking ``or 105B(b)'' and inserting
``105B(b), or 105C(b)''.
(c) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 is amended by inserting after the item relating to
section 105B the following:
``Sec. 105C. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.''.
SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIRCUMSTANCES
PREVENTING SIGNIFICANT REDUCTIONS IN CRUDE OIL
PURCHASES.
Section 1245(d)(5)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is
amended--
(1) in clause (i), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating clause (ii) as clause (iii);
and
(3) by inserting after clause (i) the following new
clause:
``(ii) certifying that the country
with primary jurisdiction over the
foreign financial institution otherwise
subject to the sanctions faced
exceptional circumstances that
prevented the country from being able
to reduce significantly its purchases
of petroleum and petroleum products
from Iran; and''.
SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
(a) In General.--Section 2335 of title 18, United States
Code, is amended--
(1) in subsection (a), by striking ``4 years'' and
inserting ``10 years''; and
(2) in subsection (b), by striking ``4-year
period'' and inserting ``10-year period''.
(b) Effective Date.--The amendments made by this section
shall apply to any civil action arising under section 2333 of
title 18, United States Code, that is pending on, or commenced
on or after, the date of the enactment of this Act.
(c) Special Rule Relating to Certain Acts of International
Terrorism.--Notwithstanding section 2335 of title 18, United
States Code, as amended by subsection (a), a civil action under
section 2333 of such title resulting from an act of
international terrorism that occurred on or after September 11,
2001, and before the date that is 4 years before the date of
the enactment of this Act, may be maintained if the civil
action is commenced during the 6-year period beginning on such
date of enactment.
SEC. 1252. REPORT ON USE OF CERTAIN IRANIAN SEAPORTS BY FOREIGN VESSELS
AND USE OF FOREIGN AIRPORTS BY SANCTIONED IRANIAN
AIR CARRIERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2016, the President shall submit to the appropriate
congressional committees a report that contains--
(1) a list of large or otherwise significant
vessels that have entered seaports in Iran controlled
by the Tidewater Middle East Company during the period
specified in subsection (b) and the owners and
operators of those vessels; and
(2) a list of all airports at which aircraft owned
or controlled by an Iranian air carrier on which
sanctions have been imposed by the United States have
landed during the period specified in subsection (b).
(b) Period Specified.--The period specified in this
subsection is--
(1) in the case of the first report submitted under
subsection (a), the 180-day period preceding the
submission of the report; and
(2) in the case of any subsequent report submitted
under that subsection, the year preceding the
submission of the report.
(c) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1253. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this subtitle.
(b) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S. C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of this subtitle or regulations prescribed
under this subtitle to the same extent that such penalties
apply to a person that commits an unlawful act described in
section 206(a) of that Act.
(c) Application of Certain Provisions of Iran Sanctions Act
of 1996.--The following provisions of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) shall apply with
respect to the imposition of sanctions under sections 1244(d),
1245(a), and 1246(a) to the same extent that such provisions
apply with respect to the imposition of sanctions under section
5(a) of the Iran Sanctions Act of 1996, and, as appropriate,
instead of sections 1244(i), 1245(g), and 1246(e) of this Act:
(1) Paragraphs (1)(A), (2)(A), and (2)(B)(i) of
section 4(c).
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 11.
(5) Section 12.
(6) Section 13(b).
SEC. 1254. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.
Nothing in this subtitle or the amendments made by this
subtitle shall apply with respect to any activity relating to a
project described in subsection (a) of section 603 of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8783) to which the exception under that section applies at the
time of the activity.
SEC. 1255. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this
subtitle shall be construed to limit sanctions imposed with
respect to Iran under any other provision of law or to limit
the authority of the President to impose additional sanctions
with respect to Iran.
Subtitle E--Satellites and Related Items
SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE UNITED
STATES MUNITIONS LIST.
(a) Repeal.--
(1) In general.--Section 1513 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2174; 22 U.S.C. 2778
note) is amended by striking subsection (a).
(2) Conforming amendment.--Subsection (c) of such
section is amended by striking ``(1) Subsection (a)''
and all that follows through ``(2) The amendments'' and
inserting ``The amendments''.
(b) Additional Determination and Report.--Accompanying but
separate from the submission to Congress of the first
notification after the date of the enactment of this Act under
section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)) relating to the removal of satellites and related
items from the United States Munitions List, the President
shall also submit to Congress--
(1) a determination by the President that the
removal of such satellites and items from the United
States Munitions List is in the national security
interests of the United States; and
(2) a report identifying and analyzing any
differences between--
(A) the recommendations and draft
regulations for controlling the export, re-
export, and transfer of such satellites and
related items that were submitted in the report
to Congress required by section 1248 of the
National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2546);
and
(B) the final regulations under which the
export, re-export, and transfer of such
satellites and related items would continue to
be controlled.
(c) Prohibition.--
(1) In general.--Subject to paragraph (3), no
satellites or related items that are made subject to
the Export Administration Regulations (15 CFR part 730
et seq.) as a result of the enactment of subsection (a)
of this section, whether or not enumerated on the
Commerce Control List--
(A) may be exported, re-exported, or
transferred, directly or indirectly, to--
(i) any government of a country
described in paragraph (2); or
(ii) any entity or person in or
acting for or on behalf of such
government, entity, or person; or
(B) may be launched in a country described
in paragraph (2) or as part of a launch vehicle
owned, operated, or manufactured by the
government of such country or any entity or
person in or acting for or on behalf of such
government, entity, or person.
(2) Countries described.--The countries referred to
in paragraph (1) are the following:
(A) The People's Republic of China.
(B) North Korea.
(C) Any country that is a state sponsor of
terrorism.
(3) Waiver.--The President may waive the
prohibition in paragraph (1) on a case-by-case basis if
not later than 30 days before doing so the President--
(A) determines that it is in the national
interest of the United States to do so; and
(B) notifies the appropriate congressional
committees of such determination.
(d) Presumption of Denial.--Any license or other
authorization to export satellites and related items to a
country with respect to which the United States maintains a
comprehensive arms embargo shall be subject to a presumption of
denial.
(e) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter, the Director of National Intelligence, in
consultation with the Secretary of State, shall submit
to the appropriate congressional committees a report on
efforts of state sponsors of terrorism, other foreign
countries, or entities to illicitly acquire satellites
and related items.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 1262. REPORT ON LICENSES AND OTHER AUTHORIZATIONS TO EXPORT
CERTAIN SATELLITES AND RELATED ITEMS.
(a) In General.--Not later than 60 days after the end of
each calendar year through 2020, the President shall submit to
the committees of Congress specified in subsection (b) a report
summarizing all licenses and other authorizations to export
satellites and related items that are subject to the Export
Administration Regulations (15 CFR part 730 et seq.) as a
result of the enactment of section 1261(a).
(b) Committees of Congress Specified.--The committees of
Congress specified in this subsection are--
(1) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1263. REPORT ON COUNTRY EXEMPTIONS FOR LICENSING OF EXPORTS OF
CERTAIN SATELLITES AND RELATED ITEMS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the Attorney General, the Secretary of
Homeland Security, and the heads of other Federal departments
and agencies as appropriate, shall submit to the appropriate
congressional committees a report that contains an assessment
of the extent to which the terms and conditions of exemptions
for foreign countries to the licensing requirements and other
authorizations to export satellites and related items that are
subject to the Export Administration Regulations (15 CFR part
730 et seq.) as a result of the enactment of section 1261(a)
contain strong safeguards.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a description of the extent to
which the terms and conditions of exemptions described in
subsection (a), including other relevant laws, regulations, and
practices, support law enforcement efforts to detect, prevent,
and prosecute criminal, administrative, and other violations of
any provision of the Export Administration Regulations (15 CFR
part 730 et seq.), including efforts on the part of state
sponsors of terrorism, organizations determined by the
Secretary of State to have provided support for international
terrorism, or other foreign countries, to acquire illicitly
satellites and related items from the United States.
SEC. 1264. END-USE MONITORING OF CERTAIN SATELLITES AND RELATED ITEMS.
(a) In General.--In order to ensure accountability with
respect to the export of satellites and related items that
become subject to the Export Administration Regulations (15 CFR
part 730 et seq.) as a result of the enactment of section
1261(a), the President shall provide for the end-use monitoring
of such satellites and related items.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Commerce, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall submit to Congress a report
describing the actions taken to implement this section,
including identification of resource shortfalls or other
constraints on effective end-use monitoring of satellites and
related items described in subsection (a).
SEC. 1265. INTERAGENCY REVIEW OF MODIFICATIONS TO CATEGORY XV OF THE
UNITED STATES MUNITIONS LIST.
(a) In General.--Subject to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)), the President shall
ensure that the Secretary of State, the Secretary of Defense,
the Secretary of Commerce and, as appropriate, the Director of
National Intelligence and the heads of other appropriate
Federal departments and agencies, will review any removal or
addition of an item to Category XV of the United States
Munitions List (relating to spacecraft systems and associated
equipment).
(b) Effective Date.--The requirement of subsection (a)
shall apply with respect to any item described in subsection
(a) that is proposed to be removed or added to Category XV of
the United States Munitions List on or after the date of the
enactment of this Act.
SEC. 1266. RULES OF CONSTRUCTION.
(a) In General.--Subtitle B of title XV of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2173; 22 U.S.C. 2778 note)
shall continue to apply to satellites and related items that
are subject to the Export Administration Regulations (15 CFR
part 730 et seq.) as a result of the enactment of section
1261(a).
(b) Additional Rule.--Nothing in this subtitle or any
amendment made by this subtitle shall be construed as removing
or limiting the authorities of the President under subsection
(a) or (b) of section 1514 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2175; 22 U.S.C. 2778 note) with respect to
defense articles and defense services that remain subject to
the jurisdiction of the International Traffic in Arms
Regulations.
SEC. 1267. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Armed Services, and
the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) State sponsor of terrorism.--The term ``state
sponsor of terrorism'' means any country the government
of which the Secretary of State has determined has
repeatedly provided support for international terrorism
pursuant to--
(A) section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405) (as continued in effect under the
International Emergency Economic Powers Act);
(B) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control
Act (22 U.S.C. 2780); or
(D) any other provision of law.
(3) United states munitions list.--The term
``United States Munitions List'' means the list
referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
Subtitle F--Other Matters
SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is
amended--
(1) by amending paragraph (9) to read as follows:
``(9) Developments in China's asymmetric
capabilities, including its strategy and efforts to
develop and deploy cyberwarfare and electronic warfare
capabilities, details on the number of malicious cyber
incidents originating from China against Department of
Defense infrastructure, and associated activities
originating or suspected of originating from China.'';
(2) by redesignating paragraphs (10), (11),and (12)
as paragraphs (15), (16), and (17) respectively;
(3) by inserting after paragraph (9) the following
new paragraphs:
``(10) The strategy and capabilities of Chinese
space and counterspace programs, including trends,
global and regional activities, the involvement of
military and civilian organizations, including state-
owned enterprises, academic institutions, and
commercial entities, and efforts to develop, acquire,
or gain access to advanced technologies that would
enhance Chinese military capabilities.
``(11) Developments in China's nuclear program,
including the size and state of China's stockpile, its
nuclear strategy and associated doctrines, its civil
and military production capacities, and projections of
its future arsenals.
``(12) A description of China's anti-access and
area denial capabilities.
``(13) A description of China's command, control,
communications, computers, intelligence, surveillance,
and reconnaissance modernization program and its
applications for China's precision guided weapons.
``(14) A description of the roles and activities of
the People's Liberation Army Navy and those of China's
paramilitary and maritime law enforcement vessels,
including their response to United States naval
activities.''; and
(4) by adding after paragraph (17), as redesignated
by paragraph (2) of this section, the following new
paragraphs:
``(18) A description of Chinese military-to-
military relationships with other countries, including
the size and activity of military attache offices
around the world and military education programs
conducted in China for other countries or in other
countries for the Chinese.
``(19) A description of any significant sale or
transfer of military hardware, expertise, and
technology to or from the People's Republic of China,
including a forecast of possible future sales and
transfers, a description of the implications of those
sales and transfers for the security of the United
States and its partners and allies in Asia, and a
description of any significant assistance to and from
any selling state with military-related research and
development programs in China.''.
SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS.
(a) In General.--Subsection (a) of section 1244 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2541), as amended by section 1242 of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4405), is further amended--
(1) by striking ``fiscal year 2011'' and inserting
``each of fiscal years 2013, 2014, and 2015'';
(2) by striking ``section 301(1)'' and inserting
``section 301''; and
(3) by inserting ``for such fiscal year'' after
``$50,000,000''.
(b) Annual Report.--Such section, as so amended, is further
amended by adding at the end the following:
``(d) Annual Report.--Not later than March 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report regarding support for the NSHQ.
Each report shall include the following:
``(1) The total amount of funding provided by the
United States and other NATO nations to the NSHQ for
operating costs of the NSHQ.
``(2) A description of the activities carried out
with such funding, including--
``(A) the amount of funding allocated for
each such activity;
``(B) the extent to which other NATO
nations participate in each such activity;
``(C) the extent to which each such
activity is designed to meet the purposes set
forth in paragraphs (1) through (5) of
subsection (b); and
``(D) an assessment of the extent to which
each such activity will promote the mission of
the NSHQ.
``(3) Other contributions, financial or in kind,
provided by the United States and other NATO nations in
support of the NSHQ.
``(4) Any other matters that the Secretary of
Defense considers appropriate.''.
SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL PROJECTS IN
CONNECTION WITH OVERSEAS CONTINGENCY OPERATIONS.
(a) Limitation.--
(1) In general.--Commencing 60 days after the date
of the enactment of this Act--
(A) amounts authorized to be appropriated
for the Department of Defense may not be
obligated or expended for a capital project
described in subsection (b) unless the
Secretary of Defense, in consultation with the
United States commander of military operations
in the country in which the project will be
carried out, completes an assessment on the
necessity and sustainability of the project;
(B) amounts authorized to be appropriated
for the Department of State may not be
obligated or expended for a capital project
described in subsection (b) unless the
Secretary of State, in consultation with the
Chief of Mission in the country in which the
project will be carried out, completes an
assessment on the necessity and sustainability
of the project; and
(C) amounts authorized to be appropriated
for the United States Agency for International
Development may not be obligated or expended
for a capital project described in subsection
(b) unless the Administrator of the United
States Agency for International Development, in
consultation with the Mission Director and the
Chief of Mission in the country in which the
project will be carried out, completes an
assessment on the necessity and sustainability
of the project.
(2) Elements.--Each assessment on a capital project
under this subsection shall include, but not be limited
to, the following:
(A) An estimate of the total cost of the
completed project to the United States.
(B) An estimate of the financial and other
requirements necessary for the host government
to sustain the project on an annual basis after
completion of the project.
(C) An assessment whether the host
government has the capacity (in both financial
and human resources) to maintain and use the
project after completion.
(D) A description of any arrangements for
the sustainment of the project following its
completion if the host government lacks the
capacity (in financial or human resources) to
maintain the project.
(E) An assessment whether the host
government has requested or expressed its need
for the project, and an explanation of the
decision to proceed with the project absent
such request or need.
(F) An assessment by the Secretary of
Defense, where applicable, of the effect of the
project on the military mission of the United
States in the country concerned.
(b) Covered Capital Projects.--
(1) In general.--Except as provided in paragraph
(2), a capital project described in this subsection is
any capital project overseas for an overseas
contingency operation for the benefit of a host country
and funded by the Department of Defense, the Department
of State, or the United States Agency for International
Development, as applicable, if the capital project--
(A) in the case of a project that directly
supports building the capacity of indigenous
security forces in the host country, has an
estimated value in excess of $10,000,000;
(B) in the case of any project not covered
by subparagraph (A) that is to be funded by the
Department of State or the United States Agency
for International Development, has an estimated
value in excess of $5,000,000; or
(C) in the case of any other project, has
an estimated value in excess of $2,000,000.
(2) Exclusion.--A capital project described in this
subsection does not include any project for military
construction (as that term is defined in section 114(b)
of title 10, United States Code) or a military family
housing project under section 2821 of such title.
(c) Waiver.--The Secretary of Defense, the Secretary of
State, or the Administrator of the United States Agency for
International Development, as applicable, may waive the
limitation in subsection (a) in order to initiate a capital
project if such Secretary or the Administrator, as the case may
be, determines that the project is in the national security,
diplomatic, or humanitarian interests of the United States. In
the first report submitted under subsection (d) after any
waiver under this subsection, such Secretary or the
Administrator shall include a detailed justification of such
waiver. Not later than 90 days after issuing a waiver under
this subsection, such Secretary or the Administrator shall
submit to the appropriate committees of Congress the assessment
described in subsection (a) with respect to the capital project
concerned.
(d) Semi-annual Reports.--
(1) In general.--Not later than 30 days after the
end of any fiscal-year half-year in which the Secretary
of Defense, the Secretary of State, or the
Administrator of the United States Agency for
International Development conducts an assessment under
subsection (a), such Secretary or the Administrator, as
the case may be, shall submit to the appropriate
committees of Congress a report setting forth each
assessment so conducted during such fiscal-year half-
year, including the elements of each capital project so
assessed specified in subsection (a)(2).
(2) Additional elements.--In addition to the
matters provided for in paragraph (1), each report
under that paragraph shall include the following:
(A) For each capital project covered by
such report, an evaluation (other than by
amount of funds expended) of the effectiveness
of such project, including, at a minimum, the
following:
(i) The stated goals of the
project.
(ii) The actions taken to assess
and verify whether the project has met
the stated goals of the project or is
on track to meet such goals when
completed.
(iii) The current and anticipated
levels of involvement of local
governments, communities, and
individuals in the project.
(B) For each country or region in which a
capital project covered by such report is being
carried out, an assessment of the current and
anticipated risks of corruption or fraud in
connection with such project.
(3) Form.--Each report shall be submitted in
unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs,
and the Committee on 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 ``capital project'' has the meaning
given that term in section 308 of the Aid, Trade, and
Competitiveness Act of 1992 (22 U.S.C. 2421e).
(3) The term ``overseas contingency operation''
means a military operation outside the United States
and its territories and possessions that is a
contingency operation (as that term is defined in
section 101(a)(13) of title 10, United States Code).
SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN, AND
AUSTRALIAN ARMIES' PROGRAM.
(a) Authority.--As part of the participation by the United
States in the land-force program known as the American,
British, Canadian, and Australian Armies' Program (in this
section referred to as the ``Program''), the Secretary of
Defense may, with the concurrence of the Secretary of State,
enter into agreements with the other participating countries in
accordance with this section, and the Program shall be managed
pursuant to a joint agreement among the participating
countries.
(b) Participating Countries.--In addition to the United
States, the countries participating in the Program are the
following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(c) Contributions by Participants.--
(1) In general.--An agreement under subsection (a)
shall provide that each participating country shall
contribute to the Program--
(A) its equitable share of the full cost
for the Program, including the full cost of
overhead and administrative costs related to
the Program; and
(B) any amount allocated to it in
accordance with the agreement for the cost for
monetary claims asserted against any
participating country as a result of
participation in the Program.
(2) Additional authorized contribution.--Such an
agreement shall also provide that each participating
country (including the United States) may provide its
contribution for its equitable share under the
agreement in funds, in personal property, or in
services required for the Program (or in any
combination thereof).
(3) Funding for united states contribution.--Any
contribution by the United States to the Program that
is provided in funds shall be made from funds available
to the Department of Defense for operation and
maintenance.
(4) Treatment of contributions received from other
countries.--Any contribution received by the United
States from another participating country to meet that
country's share of the costs of the Program shall be
credited to appropriations available to the Department
of Defense, as determined by the Secretary of Defense.
The amount of a contribution credited to an
appropriation account in connection with the Program
shall be available only for payment of the share of the
Program expenses allocated to the participating country
making the contribution. Amounts so credited shall be
available for the following purposes:
(A) Payments to contractors and other
suppliers (including the Department of Defense
and participating countries acting as
suppliers) for necessary goods and services of
the Program.
(B) Payments for any damages and costs
resulting from the performance or cancellation
of any contract or other obligation in support
of the Program.
(C) Payments for any monetary claim against
a participating country as a result of the
participation of that country in the Program.
(D) Payments or reimbursements of other
Program expenses, including overhead and
administrative costs for any administrative
office for the Program.
(E) Refunds to other participating
countries.
(5) Costs of operation of offices established for
program.--Costs for the operation of any office
established to carry out the Program shall be borne
jointly by the participating countries as provided for
in an agreement referred to in subsection (a).
(d) Authority To Contract for Program Activities.--As part
of the participation by the United States in the Program, the
Secretary of Defense may enter into contracts or incur other
obligations on behalf of the other participating countries for
activities under the Program. Any payment for such a contract
or other obligation under this subsection may be paid only from
contributions credited to an appropriation under subsection
(c)(4).
(e) Disposal of Property.--As part of the participation by
the United States in the Program, the Secretary of Defense may,
with respect to any property that is jointly acquired by the
countries participating in the Program, agree to the disposal
of the property without regard to any law of the United States
that is otherwise applicable to the disposal of property owned
by the United States. Such disposal may include the transfer of
the interest of the United States in the property to one or
more of the other participating countries or the sale of the
property. Reimbursement for the value of the property disposed
of (including the value of the interest of the United States in
the property) shall be made in accordance with an agreement
under subsection (a).
(f) Reports.--Not later than 60 days before the expiration
date of any agreement under subsection (a), the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
activities, costs, and accomplishments of the Program during
the five-year period ending on the date of such report.
(g) Sunset.--Any agreement entered into by the United
States with another country under subsection (a), and United
States participation in the joint agreement described in that
subsection, shall expire not later than five years after the
date of the enactment of this Act.
SEC. 1275. UNITED STATES PARTICIPATION IN HEADQUARTERS EUROCORPS.
(a) Participation Authorized.--The Secretary of Defense
may, with the concurrence of the Secretary of State, authorize
the participation of members of the Armed Forces as members of
the staff of Headquarters Eurocorps for the purpose of
supporting the North Atlantic Treaty Organization (NATO)
activities of the NATO Rapid Deployable Corps Eurocorps.
(b) Memorandum of Understanding.--
(1) Requirement.--The participation of members of
the Armed Forces as members of the staff of
Headquarters Eurocorps shall be in accordance with the
terms of one or more memoranda of understanding entered
into by the Secretary of Defense, with the concurrence
of the Secretary of State, and Headquarters Eurocorps.
(2) Cost-sharing arrangements.--If Department of
Defense facilities, equipment, or funds are used to
support Headquarters Eurocorps, the memoranda of
understanding under paragraph (1) shall provide details
of any cost-sharing arrangement or other funding
arrangement.
(c) Limitation on Number of Members Participating as
Staff.--Not more than two members of the Armed Forces may
participate as members of the staff of Headquarters Eurocorps,
until the Secretary of Defense submits to the Committees on
Armed Services of the Senate and the House of Representatives a
report setting forth the following:
(1) A certification by the Secretary of Defense
that the participation of more than two members of the
Armed Forces in Headquarters Eurocorps is in the
national interests of the United States.
(2) A description of the benefits of the
participation of the additional members proposed by the
Secretary.
(3) A description of the plans for the
participation of the additional members proposed by the
Secretary, including the grades and posts to be filled.
(4) A description of the costs associated with the
participation of the additional members proposed by the
Secretary.
(d) Notice on Participation of Number of Members Above
Certain Ceiling.--Not more than 10 members of the Armed Forces
may participate as members of the staff of Headquarters
Eurocorps unless the Secretary of Defense submits to the
Committees on Armed Services of the Senate and the House of
Representatives a notice that the number of members so
participating will exceed 10 members.
(e) Availability of Appropriated Funds.--
(1) Availability.--Funds appropriated to the
Department of Defense for operation and maintenance are
available as follows:
(A) To pay the United States' share of the
operating expenses of Headquarters Eurocorps.
(B) To pay the costs of the participation
of members of the Armed Forces participating as
members of the staff of Headquarters Eurocorps,
including the costs of expenses of such
participants.
(2) Limitation.--No funds may be used under this
section to fund the pay or salaries of members of the
Armed Forces who participate as members of the staff of
the Headquarters, North Atlantic Treaty Organization
(NATO) Rapid Deployable Corps under this section.
(f) Headquarters Eurocorps Defined.--In this section, the
term ``Headquarters Eurocorps'' refers to the multinational
military headquarters, established on October 1, 1993, which is
one of the High Readiness Forces (Land) associated with the
Allied Rapid Reaction Corps of NATO.
SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN PROGRAM ON
MULTILATERAL EXCHANGE OF AIR TRANSPORTATION AND AIR
REFUELING SERVICES.
(a) Participation Authorized.--
(1) In general.--The Secretary of Defense may, with
the concurrence of the Secretary of State, authorize
the participation of the United States in the Air
Transport, Air-to-Air Refueling and other Exchanges of
Services program (in this section referred to as the
``ATARES program'') of the Movement Coordination Centre
Europe.
(2) Scope of participation.--Participation in the
ATARES program under paragraph (1) shall be limited to
the reciprocal exchange or transfer of air
transportation and air refueling services on a
reimbursable basis or by replacement-in-kind or the
exchange of air transportation or air refueling
services of an equal value.
(3) Limitations.--The United States' balance of
executed flight hours, whether as credits or debits, in
participation in the ATARES program under paragraph (1)
may not exceed 500 hours. The United States' balance of
executed flight hours for air refueling in the ATARES
program under paragraph (1) may not exceed 200 hours.
(b) Written Arrangement or Agreement.--
(1) Arrangement or agreement required.--The
participation of the United States in the ATARES
program under subsection (a) shall be in accordance
with a written arrangement or agreement entered into by
the Secretary of Defense, with the concurrence of the
Secretary of State, and the Movement Coordination
Centre Europe.
(2) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the
ATARES program, the written arrangement or agreement
under paragraph (1) shall specify the details of any
equitable cost sharing or other funding arrangement.
(3) Other elements.--Any written arrangement or
agreement entered into under paragraph (1) shall
require that any accrued credits and liabilities
resulting from an unequal exchange or transfer of air
transportation or air refueling services shall be
liquidated, not less than once every five years,
through the ATARES program.
(c) Implementation.--In carrying out any written
arrangement or agreement entered into under subsection (b), the
Secretary of Defense may--
(1) pay the United States' equitable share of the
operating expenses of the Movement Coordination Centre
Europe and the ATARES consortium from funds available
to the Department of Defense for operation and
maintenance; and
(2) assign members of the Armed Forces or
Department of Defense civilian personnel, from among
members and personnel within billets authorized for the
United States European Command, to duty at the Movement
Coordination Centre Europe as necessary to fulfill the
United States' obligations under that arrangement or
agreement.
(d) Crediting of Receipts.--Any amount received by the
United States in carrying out a written arrangement or
agreement entered into under subsection (b) shall be credited,
as elected by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in
incurring the obligation for which such amount is
received.
(2) An appropriation, fund, or account currently
available for the purposes for which such obligation
was made.
(e) Annual Secretary of Defense Reports.--Not later than 30
days after the end of each fiscal year in which the authority
provided by this section is in effect, the Secretary of Defense
shall submit to the congressional defense committees a report
on United States participation in the ATARES program during
such fiscal year. Each report shall include the following:
(1) The United States balance of executed flight
hours at the end of the fiscal year covered by such
report.
(2) The types of services exchanged or transferred
during the fiscal year covered by such report.
(3) A description of any United States costs under
the written arrangement or agreement under subsection
(b)(1) in connection with the use of Department of
Defense facilities, equipment, or funds to support the
ATARES program under that subsection as provided by
subsection (b)(2).
(4) A description of the United States' equitable
share of the operating expenses of the Movement
Coordination Centre Europe and the ATARES consortium
paid under subsection (c)(1).
(5) A description of any amounts received by the
United States in carrying out a written arrangement or
agreement entered into under subsection (b).
(f) Comptroller General of United States Report.--Not later
than one year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the ATARES
program. The report shall set forth the assessment of the
Comptroller General of the program, including the types of
services available under the program, whether the program is
achieving its intended purposes, and, on the basis of actual
cost data from the performance of the program, the cost-
effectiveness of the program.
(g) Expiration.--The authority provided by this section to
participate in the ATARES program shall expire five years after
the date on which the Secretary of Defense first enters into a
written arrangement or agreement under subsection (b). The
Secretary shall publish notice of such date on a public website
of the Department of Defense.
SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR
AGREEMENTS WITH ROSOBORONEXPORT.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, to
make a grant to, or to provide a loan or loan guarantee to
Rosoboronexport.
(b) National Security Waiver Authority.--The Secretary of
Defense may waive the applicability of subsection (a) if the
Secretary determines that such a waiver is in the national
security interests of the United States.
SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT-RANGE ROCKET DEFENSE
SYSTEM.
Congress--
(1) reaffirms its commitment to the security of our
ally and strategic partner, Israel;
(2) fully supports Israel's right to defend itself
against acts of terrorism;
(3) sympathizes with the families of Israelis who
have come under the indiscriminate rocket fire from
Hamas-controlled Gaza;
(4) recognizes the exceptional success of the Iron
Dome short-range rocket defense system in defending the
population of Israel;
(5) desires to help ensure that Israel has the
means to defend itself against terrorist attacks,
including through the procurement of additional Iron
Dome batteries and interceptors; and
(6) urges the Department of Defense and the
Department of State to explore with their Israeli
counterparts and alert Congress of any requirements the
Israeli Defense Force may have for additional Iron Dome
batteries, interceptors, or other equipment depleted
during the recent conflict with Hamas-controlled Gaza.
SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA.
(a) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Secretary of
State, submit to the appropriate committees of Congress
a report on the prospects for expanding defense trade
between the United States and India within the context
of their bilateral defense relationship.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An assessment of the policies of the
United States for enhancing cooperation and
coordination between the Government of the
United States and the Government of India on
matters of shared security interests.
(B) A description of the policies of the
United States for expanding defense trade with
India.
(C) An assessment of the opportunities and
challenges for expanding security ties between
the United States and India, including those
opportunities and challenges associated with
defense trade relations.
(D) The findings and conclusions of the
comprehensive policy review required by
subsection (b).
(b) Comprehensive Policy Review.--The Secretary of Defense
shall, in coordination with the Secretary of State, conduct a
comprehensive policy review--
(1) to examine the feasibility of engaging in co-
production and co-development defense projects with
India; and
(2) to consider potential areas of cooperation to
engage in co-production and co-development defense
projects with India that are aligned with United States
national security objectives.
(c) Appropriate Committees of Congress Defined.--In this
section, the term the term ``appropriate committees of
Congress'' means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1280. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) Technical Amendment.--Section 604(a)(1) of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1469(a)(1)) is amended by inserting ``(referred to in
this section as the `Commission')'' before the period at the
end.
(b) Duties and Responsibilities.--Section 604(c) of such
Act is amended to read as follows:
``(c) Duties and Responsibilities.--The Commission shall
appraise United States Government activities intended to
understand, inform, and influence foreign publics. The
activities described in this subsection shall be referred to in
this section as `public diplomacy activities'.''.
(c) Reports.--Section 604(d) of such Act is amended to read
as follows:
``(d) Reports.--
``(1) Comprehensive annual report.--
``(A) In general.--Not less frequently than
annually, the Commission shall submit a
comprehensive report on public diplomacy and
international broadcasting activities to
Congress, the President, and the Secretary of
State. This report shall include--
``(i) a detailed list of all public
diplomacy activities funded by the
United States Government;
``(ii) a description of--
``(I) the purpose, means,
and geographic scope of each
activity;
``(II) when each activity
was started;
``(III) the amount of
Federal funding expended on
each activity;
``(IV) any significant
outside sources of funding; and
``(V) the Federal
department or agency to which
the activity belongs;
``(iii) the international
broadcasting activities under the
direction of the Broadcasting Board of
Governors;
``(iv) an assessment of potentially
duplicative public diplomacy and
international broadcasting activities;
and
``(v) for any activities determined
to be ineffective or results not
demonstrated under subparagraph (B),
recommendations on existing effective
or moderately effective public
diplomacy activities that could be
augmented to carry out the objectives
of the ineffective activities.
``(B) Effectiveness assessment.--In
evaluating the public diplomacy and
international broadcasting activities described
in subparagraph (A), the Commission shall
conduct an assessment that considers the public
diplomacy target impact, the achieved impact,
and the cost of public diplomacy activities and
international broadcasting. The assessment
shall include, if practicable, an appropriate
metric such as `cost-per-audience' or `cost-
per-student' for each activity. Upon the
completion of the assessment, the Commission
shall assign a rating of--
``(i) `effective' for activities
that--
``(I) set appropriate goals
and achieve all or most of the
desired results;
``(II) are well-managed;
and
``(III) are cost efficient;
``(ii) `moderately effective' for
activities that--
``(I) set appropriate goals
and achieve some desired
results;
``(II) are generally well-
managed; and
``(III) need to improve
their cost efficiency,
including reducing overhead;
``(iii) `ineffective' for
activities that--
``(I) lack appropriate
goals or fail to achieve stated
goals or desired results;
``(II) are not well-
managed; or
``(III) are not cost
efficient, such as through
insufficient use of available
resources to achieve stated
goals or desired results, or
have excessive overhead; and
``(iv) `results not demonstrated'
for activities that--
``(I) do not have
acceptable performance public
diplomacy metrics for measuring
results; or
``(II) are unable or failed
to collect data to determine if
they are effective.
``(2) Other reports.--
``(A) In general.--The Commission shall
submit other reports, including working papers,
to Congress, the President, and the Secretary
of State at least semi-annually on other
activities and policies related to United
States public diplomacy.
``(B) Availability.--The Commission shall
make the reports submitted pursuant to
subparagraph (A) publicly available on the
website of the Commission to develop a better
understanding of, and support for, public
diplomacy activities.
``(3) Access to information.--The Secretary of
State shall ensure that the Commission has access to
all appropriate information to carry out its duties and
responsibilities under this subsection.''.
(d) Reauthorization.--
(1) In general.--Section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (22 U.S.C.
6553) is amended by striking ``October 1, 2010'' and
inserting ``October 1, 2015''.
(2) Retroactivity of effective date.--The amendment
made by paragraph (1) shall take effect on October 1,
2010.
(e) Funding.--There is authorized to be appropriated such
sums as may be necessary for the United States Advisory
Commission on Public Diplomacy to carry out section 604 of the
United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1469), as amended by this section.
SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO TAIWAN.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8)
codified the basis for commercial, cultural, and other
relations between the people of the United States and
the people of Taiwan;
(2) the Taiwan Relations Act states that ``the
United States will make available to Taiwan such
defense articles and defense services in such quantity
as may be necessary to enable Taiwan to maintain a
sufficient self-defense capability'', and that ``both
the President and the Congress shall determine the
nature and quantity of such defense articles and
services based solely upon their judgment on the needs
of Taiwan, in accordance with procedures established by
law'';
(3) the United States, in accordance with the
Taiwan Relations Act, should continue to make available
to Taiwan such defense articles and services as may be
necessary for Taiwan to maintain a sufficient self-
defense capability;
(4) notwithstanding the upgrade of Taiwan's F-16 A/
B aircraft, Taiwan will experience a growing shortfall
in fighter aircraft, particularly as its F-5 aircraft
are retired from service; and
(5) the President should take steps to address
Taiwan's shortfall in fighter aircraft, whether through
the sale of F-16 C/D aircraft or other aircraft of
similar capability, as may be necessary to enable
Taiwan to maintain a sufficient self-defense
capability.
SEC. 1282. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION ON NUCLEAR ARMS, MISSILE DEFENSE
SYSTEMS, AND LONG-RANGE CONVENTIONAL STRIKE
SYSTEMS.
(a) Briefings.--Not later than 60 days after the date of
the enactment of this Act, and not less than twice each year
thereafter, the President, or the President's designee, shall
brief the Committee on Foreign Relations and the Committee on
Armed Services of the Senate on the dialogue between the United
States and the Russian Federation on issues related to limits
or controls on nuclear arms, missile defense systems, or long-
range conventional strike systems.
(b) Sense of Congress on Certain Agreements.--It is the
sense of Congress that any agreement between the United States
and the Russian Federation related to nuclear arms, missile
defense systems, or long-range conventional strike systems
obligating the United States to reduce or limit the Armed
Forces or armaments of the United States in any militarily
significant manner may be made only pursuant to the treaty-
making power of the President as set forth in Article II,
section 2, clause 2 of the Constitution of the United States.
(c) Rule of Construction.--Nothing in this section shall be
construed to be inconsistent with or to interfere with the
practices, precedents, or oversight of the House of
Representatives.
SEC. 1283. SENSE OF CONGRESS ON EFFORTS TO REMOVE OR APPREHEND JOSEPH
KONY FROM THE BATTLEFIELD AND END THE ATROCITIES OF
THE LORD'S RESISTANCE ARMY.
Consistent with the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act of 2009 (Public Law 111-172), it
is the sense of the Congress that--
(1) the ongoing United States advise and assist
operation to support the regional governments in Africa
in their ongoing efforts to remove or apprehend Joseph
Kony and his top commanders from the battlefield and
end atrocities perpetuated by his Lord's Resistance
Army should continue as appropriate to achieve the
goals of the operation;
(2) the Secretary of Defense should provide
intelligence, surveillance, and reconnaissance assets,
as authorized to be appropriated by other provisions of
this Act, to support the ongoing efforts of United
States Special Operations Forces to advise and assist
regional partners as they conduct operations against
the Lord's Resistance Army in Central Africa;
(3) United States and regional African forces
should increase their operational coordination on
efforts to remove or apprehend Joseph Kony from the
battlefield and end the atrocities of the Lord's
Resistance Army; and
(4) the regional governments should recommit
themselves to the Regional Cooperation Initiative for
the Elimination of the Lord's Resistance Army
authorized by the African Union.
SEC. 1284. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT FOR THE
REBEL GROUP KNOWN AS M23.
(a) Blocking of Assets.--
(1) In general.--The Secretary of the Treasury
shall, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) or Executive Order
13413 (74 Fed. Reg. 64105; relating to blocking
property of certain persons contributing to the
conflict in the Democratic Republic of the Congo),
block and prohibit all transactions in all property and
interests in property of a person described in
subsection (c) if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(2) Exception.--
(A) In general.--The requirement to block
and prohibit all transactions in all property
and interests in property under paragraph (1)
shall not include the authority to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the
term ``good'' has the meaning given that term
in section 16 of the Export Administration Act
of 1979 (50 U.S.C. App. 2415) (as continued in
effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(b) Visa Ban.--The Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall exclude from the
United States, any alien who is a person described in
subsection (c).
(c) Persons Described.--A person described in this
subsection is a person that the President determines provides,
on or after the date of the enactment of this Act, significant
financial, material, or technological support to M23.
(d) Waiver.--The President may waive the application of
this section with respect to a person if the President
determines and reports to the appropriate congressional
committees that the waiver is in the national interest of the
United States.
(e) Termination of Sanctions.--Sanctions imposed under this
section may terminate 15 days after the date on which the
President determines and reports to the appropriate
congressional committees that the person covered by such
determination has terminated the provision of significant
financial, material, and technological support to M23.
(f) Termination of Section.--This section shall terminate
on the date that is 15 days after the date on which the
President determines and reports to the appropriate
congressional committees that M23 is no longer a significant
threat to peace and security in the Democratic Republic of the
Congo.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and
Urban Affairs, the Committee on Armed Services,
and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services,
the Committee on Armed Services, and the
Committee on Foreign Affairs of the House of
Representatives.
(2) M23.--The term ``M23'' refers to the rebel
group known as M23 operating in the Democratic Republic
of the Congo that derives its name from the March 23,
2009, agreement between the Government of the
Democratic Republic of the Congo and the National
Congress for the Defense of the People (or any
successor group).
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States
citizen or an alien lawfully admitted for
permanent residence to the United States; or
(B) an entity organized under the laws of
the United States or of any jurisdiction within
the United States.
SEC. 1285. PILOT PROGRAM ON REPAIR, OVERHAUL, AND REFURBISHMENT OF
DEFENSE ARTICLES FOR SALE OR TRANSFER TO ELIGIBLE
FOREIGN COUNTRIES AND ENTITIES.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to repair, overhaul, or refurbish in-
stock defense articles in anticipation of the sale or transfer
of such defense articles to eligible foreign countries or
international organizations under law.
(b) Fund for Support of Program Authorized.--The Secretary
of Defense may establish and administer a fund to be known as
the ``Special Defense Repair Fund'' (in this section referred
to as the ``Fund'') to support the program authorized by
subsection (a).
(c) Credits to Fund.--
(1) In general.--Subject to paragraphs (2) and (3),
the following shall be credited to the Fund:
(A) Such amounts, not to exceed
$50,000,000, from amounts authorized to be
appropriated for overseas contingency
operations for fiscal year 2013 as the
Secretary of Defense considers appropriate, and
reprogrammed under a reprogramming authority
provided by another provision of this Act or by
other law.
(B) Notwithstanding section 114(c) of title
10, United States Code, any collection from the
sale or transfer of defense articles from
Department of Defense stocks repaired,
overhauled, or refurbished with amounts from
the Fund that are not intended to be replaced
which sale or transfer is made pursuant to
section 21(a)(1)(A) of the Arms Export Control
Act (22 U.S.C. 2761(a)(1)(A)), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), or another provision of law.
(C) Notwithstanding section 37(a) of the
Arms Export Control Act (22 U.S.C. 2777(a)),
any cash payment from the sale or transfer of
defense articles from Department of Defense
stocks repaired, overhauled, or refurbished
with amounts from the Fund that are intended to
be replaced.
(2) Limitation on amounts creditable from sale or
transfer of articles.--
(A) Credits in connection with articles not
to be replaced.--The amount credited to the
Fund under paragraph (1)(B) in connection with
a collection from the sale or transfer of
defense articles may not exceed the cost
incurred by the Department of Defense in
repairing, overhauling, or refurbishing such
defense articles under the program authorized
by subsection (a).
(B) Credits in connection with articles to
be replaced.--The amount credited to the Fund
under paragraph (1)(C) in connection with a
sale or transfer of defense articles may not
exceed the amounts from the Fund used to
repair, overhaul, or refurbish such defense
articles.
(3) Limitation on size of fund.--The total amount
in the Fund at any time may not exceed $50,000,000.
(4) Treatment of amounts credited.--Amounts
credited to the Fund under this subsection shall be
merged with amounts in the Fund, and shall remain
available until expended.
(5) Authorization to purchase services from dod
working capital fund activities.--The Fund shall be
considered an authorized customer of Department of
Defense Working Capital Fund activities. Prices of
goods and services sold by Working Capital Fund
activities to the Fund shall reflect Foreign Military
Sales pricing guidelines, as promulgated by the
Department of Defense Financial Management Regulation,
and other applicable guidelines.
(d) Nonavailability of Amounts in Fund for Storage,
Maintenance, and Related Costs.--Following the repair,
overhaul, or refurbishment of defense articles under the
program authorized by subsection (a), amounts in the Fund may
not be used to pay costs of storage and maintenance of such
defense articles or any other costs associated with the
preservation or preparation for sale or transfer of such
defense articles.
(e) Sales or Transfers of Defense Articles.--
(1) In general.--Any sale or transfer of defense
articles repaired, overhauled, or refurbished under the
program authorized by subsection (a) shall be in
accordance with--
(A) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(B) the Foreign Assistance Act of 1961; or
(C) another provision of law authorizing
such sale or transfer.
(2) Secretary of state concurrence required for
certain sales or transfers to foreign countries.--If
the sale or transfer of defense articles occurs in
accordance with a provision of law referred to in
paragraph (1)(C) that does not otherwise require the
concurrence of the Secretary of State for the sale or
transfer, the sale or transfer may be made only with
the concurrence of the Secretary of State.
(f) Transfers of Amounts.--
(1) Transfer to other department of defense
accounts.--Amounts in the Fund may be transferred to
any Department of Defense account for use in carrying
out the program authorized by subsection (a). Any
amount so transferred shall be merged with amounts in
the account to which transferred, and shall be
available for the same purposes and the same time
period as amounts in the account to which transferred.
(2) Transfer from other department of defense
accounts.--Upon a determination by the Secretary of
Defense with respect to an amount transferred under
paragraph (1) that all or part of such transfer is not
necessary for the purposes transferred, such amount may
be transferred back to the Fund. Any amount so
transferred shall be merged with amounts in the Fund,
and shall remain available until expended.
(g) Certain Excess Proceeds To Be Credited to Special
Defense Acquisition Fund.--Any collection from the sale or
transfer of defense articles that are not intended to be
replaced in excess of the amount creditable to the Fund under
subsection (c)(2)(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter 5 of the Arms
Export Control Act (22 U.S.C. 2795 et seq.).
(h) Materiel Efficiencies and Duplication.--In
administering the program authorized by subsection (a), the
Secretary of Defense shall ensure to the maximum extent
possible that purchases made utilizing the Fund utilize
existing Defense Logistics Agency contracts. The Secretary
shall also ensure that none of the activities carried out under
the program authorized by subsection (a) are duplicative in
nature to those performed by other military departments or
Defense Agencies.
(i) Conduct by Public or Private Sector Facilities or
Entities.--The repair, overhaul, and refurbishment of defense
articles under the program authorized by subsection (a) may be
conducted by a facility or entity in the public sector or the
private sector, consistent with the requirements of chapter 146
of title 10, United States Code.
(j) Reports.--
(1) Annual report.--Not later than 45 days after
the end of each fiscal year through the date of
expiration specified in subsection (l), the Secretary
of Defense shall submit to the appropriate
congressional committees a report on the authorities
under this section during such fiscal year. Each report
shall include, for the fiscal year covered by such
report, the following:
(A) The types and quantities of defense
articles repaired, overhauled, or refurbished
under the program authorized by subsection (a).
(B) The value of the repair, overhaul, or
refurbishment performed under the program.
(C) The amount of operation and maintenance
funds credited to the Fund under subsection
(c)(1)(A).
(D) The amount of any collections from the
sale or transfer of defense articles repaired,
overhauled, or refurbished under the program
that was credited to the Fund under subsection
(c)(1)(B).
(E) The amount of any cash payments from
the sale or transfer of defense articles
repaired, overhauled, or refurbished under the
program that was credited to the Fund under
subsection (c)(1)(C).
(2) Assessment report.--Not later than February 1,
2015, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the
operation of the authorities in this section. The
report shall include an assessment of the effectiveness
of the authorities in meeting the objectives of the
program authorized by subsection (a). At a minimum, the
assessment shall address the following:
(A) Cost efficiencies generated by
utilization of the Fund.
(B) Time efficiencies gained in the
delivery of defense articles under the program.
(C) An explanation of all amounts
transferred to and from the Fund pursuant to
subsection (f).
(D) A detailed account of excess proceeds
credited to the Special Defense Acquisition
Fund pursuant to section (g).
(E) A list of defense articles, by quantity
and type, repaired under the program and an
identification of the foreign countries or
international organizations to which the
repaired defense articles were sold or
transferred.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(k) Defense Article Defined.--In this section, the term
``defense article'' has the meaning given that term in section
47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)).
(l) Expiration of Authority.--The authority to carry out
the program authorized by subsection (a), and to use amounts in
the Fund in support of the program, shall expire on September
30, 2015.
SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU ISLANDS.
It is the sense of Congress that--
(1) the East China Sea is a vital part of the
maritime commons of Asia, including critical sea lanes
of communication and commerce that benefit all nations
of the Asia-Pacific region;
(2) the peaceful settlement of territorial and
jurisdictional disputes in the East China Sea requires
the exercise of self-restraint by all parties in the
conduct of activities that would complicate or escalate
disputes and destabilize the region, and differences
should be handled in a constructive manner consistent
with universally recognized principles of customary
international law;
(3) while the United States takes no position on
the ultimate sovereignty of the Senkaku Islands, the
United States acknowledges the administration of Japan
over the Senkaku Islands;
(4) the unilateral action of a third party will not
affect the United States' acknowledgment of the
administration of Japan over the Senkaku Islands;
(5) the United States has national interests in
freedom of navigation, the maintenance of peace and
stability, respect for international law, and unimpeded
lawful commerce;
(6) the United States supports a collaborative
diplomatic process by claimants to resolve territorial
disputes without coercion, and opposes efforts at
coercion, the threat of use of force, or use of force
by any claimant in seeking to resolve sovereignty and
territorial issues in the East China Sea; and
(7) the United States reaffirms its commitment to
the Government of Japan under Article V of the Treaty
of Mutual Cooperation and Security that ``[e]ach Party
recognizes that an armed attack against either Party in
the territories under the administration of Japan would
be dangerous to its own peace and safety and declares
that it would act to meet the common danger in
accordance with its constitutional provisions and
processes''.
Subtitle G--Reports
SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE EFFORTS TO BUILD
THE CAPACITY OF AND PARTNER WITH FOREIGN SECURITY
FORCES.
(a) Review.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Defense Policy
Board shall conduct a review of the efforts of the
Department of Defense to build the capacity of, or
partner with, foreign security forces in support of
United States national defense and security strategies.
(2) Elements.--The review required by this
subsection shall include the following:
(A) An examination of the ways in which the
efforts of the Department to build the capacity
of, or partner with, foreign security forces
directly support implementation of current
national defense and security strategies.
(B) An assessment of the range of effects
that efforts of the Department to build the
capacity of, or partner with, foreign security
forces are designed to achieve in support of
current national defense and security
strategies.
(C) An assessment of the criteria used for
prioritizing such efforts in support of
national defense and security strategies.
(D) An identification of the authorities
the Department currently uses to implement such
efforts, together with an assessment of the
adequacy of such authorities.
(E) An assessment of the capabilities and
resources required by the Department to
implement such efforts.
(F) An assessment of the most effective
distribution of the roles and responsibilities
for such efforts within the Department,
together with an assessment whether the
Department military and civilian workforce is
appropriately sized and shaped to meet the
requirements of such efforts.
(G) An evaluation of current measures of
the Department for assessing activities of the
Department designed to build the capacity of,
or partner with, foreign security forces,
including an assessment whether such measures
address the extent to which such activities
directly support the priorities of national
defense and security strategies.
(H) An identification of recommendations
for clarifying or improving the guidance and
assessment measures of the Department relating
to its efforts to build the capacity of, or
partner with, foreign security forces in
support of national defense and security
strategies.
(3) Report.--Not later than 90 days after the
completion of the review required by this subsection,
the Secretary of Defense shall submit to the
congressional defense committees a report containing
the result of the review.
(b) Strategic Guidance on Department of Defense Efforts To
Build Partner Capacity and Other Partnership Initiatives.--Not
later than 120 days after the completion of the review required
by subsection (a), the Secretary of Defense shall, with the
advice and assistance of the Chairman of the Joint Chiefs of
Staff, submit to the congressional defense committees a report
setting forth the following:
(1) An assessment, taking into account the
recommendations of the Defense Policy Board in the
review required by subsection (a), of the efforts of
the Department of Defense to build the capacity of, and
partner with, foreign military forces in support of
national defense and security strategies.
(2) Strategic guidance for the Department for its
efforts to build the capacity of, and partner with,
foreign military forces in support of national defense
and security strategies, which guidance shall address--
(A) the ways such efforts directly support
the goals and objectives of national defense
and security strategies;
(B) the criteria to be used for
prioritizing activities to implement such
efforts in support of national defense and
security strategies;
(C) the measures to be used to assess the
effects achieved by such efforts and the extent
to which such effects support the objectives of
national defense and security strategies;
(D) the appropriate roles and
responsibilities of the Armed Forces, the
combatant commands, the Defense Agencies, and
other components of the Department in
conducting such efforts; and
(E) the relationship of Department
workforce planning with the requirements for
such efforts.
SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.
Section 1236(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641) is
amended by inserting after ``November 1, 2012,'' the following:
``and November 1, 2013,''.
SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED STATES
MILITARY INSTALLATIONS AND UNITED STATES ARMED
FORCES DEPLOYED IN COUNTRY.
(a) Report Required.--
(1) In general.--Not later than March 1 of each
year from 2013 through 2015, the Secretary of Defense,
in consultation with the Secretary of State, shall
submit to the appropriate congressional committees a
report on the direct, indirect, and burden-sharing
contributions made by host nations to support overseas
United States military installations and United States
Armed Forces deployed in country.
(2) Elements.--The report required by paragraph (1)
shall include at least the following:
(A) A description of all costs associated
with stationing United States Armed Forces in
the host nation, including military personnel
costs, operation and maintenance costs, and
military construction costs.
(B) A description of direct, indirect, and
burden-sharing contributions made by the host
nation, including the following:
(i) Contributions accepted for the
following costs:
(I) Compensation for local
national employees of the
Department of Defense.
(II) Military construction
projects of the Department of
Defense, including design,
procurement, construction
management costs, rents on
privately-owned land,
facilities, labor, utilities,
and vicinity improvements.
(III) Other costs such as
loan guarantees on public-
private venture housing and
payment-in-kind for facilities
returned to the host nation.
(ii) Contributions accepted for any
other purpose.
(C) The methodology and accounting
procedures used to measure and track direct,
indirect, and burden-sharing contributions made
by host nations.
(3) Description of contributions in united states
dollars.--The report required by paragraph (1) shall
describe the direct, indirect, and burden-sharing
contributions made by host nations in United States
dollars and shall specify the exchange rates used to
determine the United States dollar value of such host
nation contributions.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(2) Host nation.--The term ``host nation'' means
any country that hosts a permanent or temporary United
States military installation or a permanent or
rotational deployment of United States Armed Forces
located outside of the borders of the United States.
(3) Contributions.--The term ``contributions''
means cash and in-kind contributions made by a host
nation that replace expenditures that would otherwise
be made by the Secretary of Defense using funds
appropriated or otherwise made available in defense
appropriations Acts.
SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR SIGNIFICANTLY
DEGRADE THE USE OF AIR POWER AGAINST CIVILIAN AND
OPPOSITION GROUPS IN SYRIA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Chairman of the Joint Chiefs of Staff,
submit to the congressional defense committees a report
identifying the limited military activities that could deny or
significantly degrade the ability of President Bashar al-Assad
of Syria, and forces loyal to him, to use air power against
civilians and opposition groups in Syria.
(b) Nature of Military Activities.--
(1) Principal purpose.--The principal purpose of
the military activities identified for purposes of the
report required by subsection (a) shall be to advance
the goals of President Obama of stopping the killing of
civilians in Syria and creating conditions for a
transition to a democratic, pluralistic political
system in Syria.
(2) Additional goals.--The military activities
identified for purposes of the report shall also meet
the goals as follows:
(A) That the United States Armed Forces
conduct such activities with foreign allies or
partners.
(B) That United States ground troops not be
deployed onto Syrian territory.
(C) That the risk to civilians on the
ground in Syria be limited.
(D) That the risks to United States
military personnel be limited.
(E) That the financial costs to the United
States be limited.
(c) Elements on Potential Military Activities.--The report
required by subsection (a) shall include a comprehensive
description, evaluation, and assessment of the potential
effectiveness of the following military activities, as required
by subsection (a):
(1) The deployment of air defense systems, such as
Patriot missile batteries, to neighboring countries for
the purpose of denying or significantly degrading the
operational capability of Syria aircraft.
(2) The establishment of one or more no-fly zones
over key population centers in Syria.
(3) Limited air strikes to destroy or significantly
degrade Syria aircraft.
(4) Such other military activities as the Secretary
considers appropriate to achieve the goals stated in
subsection (b).
(d) Elements in Description of Potential Military
Activities.--For each military activity that the Secretary
identifies in subsection (c), the comprehensive description of
such activities under that subsection shall include, but not be
limited to, the type and the number of United States military
personnel and assets to be involved in such activities, the
anticipated duration of such activities, and the anticipated
cost of such activities. The report shall also identify what
elements would be required to maximize the effectiveness of
such military activities.
(e) No Authorization for Use of Military Force.--Nothing in
this section shall be construed as a declaration of war or an
authorization for the use of force.
(f) Form.--The report required by subsection (a) shall be
submitted in classified form.
SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED BY RUSSIA TO SYRIA.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to the
appropriate congressional committees a report on military
assistance provided by the Russian Federation to Syria.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An analysis of whether Russia is providing
direct or indirect military support for the Government
of Syria's actions to forcefully act against groups
opposing the Government of Syria, including a
description of the types of support.
(2) A description and analysis of Russia's military
interests in Syria.
(3) A description and analysis of Russia's military
presence in Syria.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2013 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2013
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 and made available by the funding table in section
4301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in section 4301 for Cooperative
Threat Reduction programs shall be available for obligation for
fiscal years 2013, 2014, and 2015.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $519,111,000
authorized to be appropriated to the Department of Defense for
fiscal year 2013 in section 301 and made available by the
funding table in section 4301 for Cooperative Threat Reduction
programs, the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination,
$68,271,000.
(2) For chemical weapons destruction, $14,630,000.
(3) For global nuclear security, $99,789,000.
(4) For cooperative biological engagement,
$276,399,000.
(5) For proliferation prevention, $32,402,000.
(6) For threat reduction engagement, $2,375,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $25,245,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2013 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (7) of subsection (a)
until 15 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2013 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal
year 2013 for a purpose listed in paragraphs (1)
through (7) of subsection (a) in excess of the specific
amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of
funds for a purpose stated in paragraphs (1) through
(7) of subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS IN RUSSIA.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Secretary of
Energy, and the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on
Cooperative Threat Reduction Programs in the Russian
Federation.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) Identification of nonproliferation programs in
Russia that--
(A) have accomplished their long-term
objectives in reducing the threat of
proliferation of weapons of mass destruction;
and
(B) will be phased out during the five-year
period beginning on the date of the enactment
of this Act.
(2) Identification of--
(A) nonproliferation programs in Russia
that--
(i) reduce the threat of the
proliferation of weapons of mass
destruction; and
(ii) will not be phased out during
such five-year period; and
(B) the metrics to evaluate the success of
such programs.
(3) Identification of--
(A) the nature of the threat of the
proliferation of weapons of mass destruction
that underpin the programs described in
paragraphs (1) and (2); and
(B) the current and foreseeable threats
that are addressed by such programs.
(4) The impact on nonproliferation programs in
Russia and the risks and benefits to national security
if the current agreement regarding such programs
(commonly referred to as the ``umbrella agreement'') is
amended or not renewed.
(5) What steps, if any, will be taken to continue
or terminate ongoing nonproliferation programs if the
umbrella agreement is not renewed.
(c) Form.--The report under subsection (a) shall be in
unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
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.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4501.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the National Defense Sealift Fund, as specified
in the funding table in section 4501.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2013 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2013 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
SEC. 1405. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2013 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4501.
SEC. 1406. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the Defense Health Program, as specified in the
funding table in section 4501, for use of the Armed Forces and
other activities and agencies of the Department of Defense in
providing for the health of eligible beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2013, the National Defense Stockpile Manager may obligate up to
$44,899,227 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY CHAINS.
Section 2(b) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98a(b)) is amended by inserting ``or a
single point of failure'' after ``foreign sources''.
SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE PURPOSES
FROM THE STRATEGIC AND CRITICAL MATERIALS
STOCKPILE.
(a) Authority for President to Delegate Special Disposal
Authority of President for Release for National Defense
Purposes.--Section 7(a) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98f(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the
end;
(2) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(3) on the order of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, if
the President has designated the Under Secretary to
have authority to issue release orders under this
subsection and, in the case of any such order, if the
Under Secretary determines that the release of such
materials is required for use, manufacture, or
production for purposes of national defense.''.
(b) Exclusion From Delegation Limitation.--Section 16 of
such Act (50 U.S.C. 98h-7) is amended by striking ``sections 7
and 13'' each place it appears and inserting ``sections 7(a)(1)
and 13''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS DESTRUCTION
TECHNOLOGIES AT PUEBLO CHEMICAL DEPOT, COLORADO,
AND BLUE GRASS ARMY DEPOT, KENTUCKY.
(a) Supplemental Destruction Technologies.--Section 1412 of
the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521) is amended--
(1) in subsection (i)(2), by adding at the end the
following new subparagraph:
``(E) A description of any supplemental chemical
agent and munitions destruction technologies used at
Pueblo Chemical Depot, Colorado, and Blue Grass Army
Depot, Kentucky, during the period covered by the
report, including explosive destruction technologies
and any technologies developed for the treatment and
disposal of energetic or agent hydrolystates.'';
(2) in subsection (j)(2), by adding at the end the
following new subparagraph:
``(E) A description and justification for the use
of any supplemental chemical agent and munitions
destruction technologies used at Pueblo Chemical Depot,
Colorado, and Blue Grass Army Depot, Kentucky, during
the period covered by the report, including explosive
destruction technologies and any technologies developed
for the treatment and disposal of energetic or agent
hydrolysates. Such description and justification shall
outline--
``(i) the need for the use of supplemental
destruction technologies and technologies
developed for the treatment and disposal of
energetic or agent hydrolystates;
``(ii) site-by-site descriptions of the
problematic aspects of the stockpile requiring
the use of supplemental technologies;
``(iii) the type of supplemental
destruction technologies used at each site; and
``(iv) any planned future use of other
supplemental destruction technologies for each
site.'';
(3) by redesignating subsection (o) as subsection
(p); and
(4) by inserting after subsection (n) the following
new subsection (o):
``(o) Supplemental Destruction Technologies.--In
determining the technologies to supplement the neutralization
destruction of the stockpile of lethal chemical agents and
munitions at Pueblo Chemical Depot, Colorado, and Blue Grass
Army Depot, Kentucky, the Secretary of Defense may consider the
following:
``(1) Explosive Destruction Technologies.
``(2) Any technologies developed for the treatment
and disposal of energetic or agent hydrolysates, if
problems with the current on-site treatment of
hydrolysates are encountered.''.
(b) Repeal of Superseded Provision.--Section 151 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
1645A-30) is repealed.
Subtitle D--Other Matters
SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON
RESERVATION MAINTENANCE REVOLVING FUND.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall transfer $5,000,000
from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e) of
title 10, United States Code, to the Miscellaneous Receipts
Fund of the United States Treasury.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A.
LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated for section 1406 and available
for the Defense Health Program for operation and maintenance,
$139,204,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571).
For purposes of subsection (a)(2) of such section 1704, any
funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal
year 2013 from the Armed Forces Retirement Home Trust Fund the
sum of $67,590,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1434. CEMETERIAL EXPENSES.
Funds are hereby authorized to be appropriated for the
Department of the Army for fiscal year 2013 for cemeterial
expenses, not otherwise provided for, in the amount of
$173,800,000.
SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
(a) In General.--Section 1403 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2676; 10 U.S.C. 12310 note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection
(e); and
(3) by inserting after subsection (a) the following
new subsections (b), (c), and (d):
``(b) Establishment of Further Additional Teams.--The
Secretary of Defense is authorized to have established two
additional teams designated as Weapons of Mass Destruction
Civil Support Teams, beyond the 55 teams required in subsection
(a), if--
``(1) the Secretary of Defense has made the
certification provided for in section 12310(c)(5) of
title 10, United States Code, with respect to each of
such additional teams before December 31, 2011; and
``(2) the establishment of such additional teams
does not require an increase in authorized personnel
levels above the numbers authorized as of the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2013.
``(c) Limitation of Establishment of Further Teams.--No
Weapons of Mass Destruction Civil Support Team may be
established beyond the number authorized by subsections (a) and
(b) unless--
``(1) the Secretary submits to Congress a request
for authority to establish such team, including a
detailed justification for its establishment; and
``(2) the establishment of such team is
specifically authorized by a law enacted after the date
of the enactment of the National Defense Authorization
Act for Fiscal Year 2013.
``(d) Notification of Disestablishment of Teams.--No
Weapons of Mass Destruction Civil Support Team established
pursuant to this section may be disestablished unless, by not
later than 90 days before the date on which such team is
disestablished, the Secretary submits to the congressional
defense committees notice of the proposed disestablishment of
the team and the date on which the disestablishment is proposed
to take place.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the Weapons of
Mass Destruction Civil Support Teams. The report shall include
the following:
(1) A detailed description of risk management
criteria and considerations to be used in determining
the optimal number and location of Weapons of Mass
Destruction Civil Support Teams.
(2) A description of the operational and training
activities conducted by the Weapons of Mass Destruction
Civil Support Teams during each of fiscal years 2010,
2011, and 2012, and of such activities planned for
fiscal year 2013.
(3) An assessment of the optimal number and
location of Weapons of Mass Destruction Civil Support
Teams in light of the information under paragraphs (1)
and (2).
(4) A comparative analysis of the cost of
establishing Weapons of Mass Destruction Civil Support
Teams in the reserve components of the Armed Forces
(other than the National Guard) with the cost of
establishing Weapons of Mass Destruction Civil Support
Teams in the National Guard.
(5) A description of the portion of the costs of
Weapons of Mass Destruction Civil Support Teams that is
currently borne by the States.
(6) Any other matter that the Secretary determines
is appropriate.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding under the future-
years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training
and intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations.
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2013 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for military personnel, as specified in
the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2013 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4502.
SEC. 1507. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2013 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2013 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2013 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this title for fiscal year 2013 between any
such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations
that the Secretary may transfer under the authority of
this subsection may not exceed $3,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is the responsibility of the Commander,
International Security Assistance Force/Commander,
United States Forces--Afghanistan to ensure the
security of members of the Armed Forces deployed to
Afghanistan and to mitigate internal threats to such
forces to the greatest extent possible, while
continuing to meet the objectives of the International
Security Assistance Force mission in Afghanistan,
including the training and equipping of the Afghan
National Security Forces so that they may provide for
their own security;
(2) the Afghan Public Protection Force must meet
and maintain key standards to provide force protection
for members of the Armed Forces; and
(3) if the Secretary of Defense determines that the
Afghan Public Protection Force is not meeting such
standards, the Secretary should take all appropriate
actions to provide force protection for members of the
Armed Forces, including, if necessary, having the Armed
Forces provide for their own force protection.
(b) Continuation of Existing Limitations on Use of Funds in
Fund.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2013 shall be
subject to the conditions contained in subsections (b) through
(g) of section 1513 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428), as
amended by section 1531(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4424).
(c) Afghan Public Protection Force.--
(1) Semi-annual certifications.--Not later than 90
days after the date of the enactment of this Act, and
semiannually thereafter through December 31, 2014, the
Secretary of Defense shall certify in writing to the
congressional defense committees the elements specified
in paragraph (3).
(2) Report following inability to certify any
element.--If the Secretary determines that an element
specified in paragraph (3) cannot be certified in a
report required by paragraph (1), the Secretary shall
submit to the congressional defense committees a report
setting forth the following:
(A) An explanation why such element cannot
be certified.
(B) A description of the actions, if any,
that are being taken to mitigate the risk
associated with such element.
(C) A description of the specific actions
being taken to achieve the certification of
such element, to the extent practicable.
(3) Certification elements.--The elements of each
certification specified in this paragraph are the
following:
(A) That each agreement between the United
States and the Government of Afghanistan, or
any contract between the Department of Defense
and a contractor that subcontracts to the
Afghan Public Protection Force, contains--
(i) uniform standards that ensure a
consistent level of security;
(ii) standard procedures and
institutional mechanisms for dispute
resolution;
(iii) requirements for the Afghan
Public Protection Force to adhere to
the Afghan Public Protection Force Code
of Conduct and applicable international
standards, such as the Montreux
Document, and the International Code of
Conduct for private security service
providers; and
(iv) provisions for the United
States, or the contractor, to take
actions to address the failure of the
Afghan Public Protection Force to
perform in a manner consistent with the
Afghan Public Protection Force Code of
Conduct and applicable international
standards.
(B) That all Afghan Public Protection Force
recruits and personnel are vetted under
procedures consistent with the vetting
standards of the United States for the Afghan
National Security Forces as of the date of the
enactment of this Act.
(C) That all Afghan Public Protection Force
recruits and personnel are biometrically
screened in an independent fashion by the
United States or contractors.
(D) In the case of contracts to provide
force protection at installations in
Afghanistan where the Armed Forces are
garrisoned or housed, that the Commander,
International Security and Assistance Force/
Commander, United States Forces--Afghanistan,
or designees, are provided the ability to--
(i) approve or disapprove arming
authorization for Afghan Public
Protection Force personnel performing
activities at such installations; and
(ii) account for and maintain
records of Afghan Public Protection
Force personnel authorized to perform
activities at such installations.
(E) That the International Security and
Assistance Force Command has designated a
centralized entity within that Command
authorized to provide oversight of coalition
activities relating to the Afghan Public
Protection Force, including consultations with
the Afghanistan Ministry of Interior regarding
rules on the use of force, violations of
contract, and other performance issues.
(F) That there is a mechanism in place
sufficient to--
(i) account for the transfer of any
United States Government-owned,
contractor-acquired defense articles to
the Afghan Public Protection Force; and
(ii) conduct end-use monitoring, of
such defense articles, including an
inventory of the existence and
completeness of any such defense
articles.
(d) Reports.--
(1) Initial assessment.--Not later than 90 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth an assessment
of the Afghan Public Protection Force.
(2) Subsequent assessments.--On a semiannual basis
following the submittal of the report required by
paragraph (1) through September 30, 2014, the Secretary
shall submit to the congressional defense committees an
assessment of the progress in the development of the
Afghan Public Protection Force during the preceding six
months.
(3) Elements.--Each report under this subsection
shall include the following:
(A) A description of the size and
composition of the Afghan Public Protection
Force.
(B) An assessment of the recruiting and
training for the Afghan Public Protection
Force.
(C) An assessment of the ability of the
Afghan Public Protection Force to perform its
tasks and missions.
(D) A description of measures of
effectiveness for evaluating the Afghan Public
Protection Force.
(E) Any recommendations provided by the
United States to the Afghanistan Ministry of
Interior to improve the performance of the
Afghan Public Protection Force.
(F) A description of any instances of
termination of contracts with the Afghan Public
Protection Force.
(G) An assessment of the ability of the
United States, or contractors, to hold the
Afghan Public Protection Force accountable for
gross or repeated violations.
(H) A description of the status of United
States Government-owned, contractor-acquired
defense articles provided to the Afghan Public
Protection Force.
(4) Additional elements during fiscal year 2014
reports.--Each report under paragraph (2) submitted
during fiscal year 2014 shall include a plan, and any
updates, on the post-2014 disposition of the Afghan
Public Protection Force.
(5) Submittal with other reports.--Each report
under paragraph (2) may be submitted as part of the
report on progress toward security and stability in
Afghanistan that is submitted under sections 1230 and
1231 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385,
390).
(e) Plan for Use of Afghanistan Security Forces Fund
Through Fiscal Year 2017.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan for
using funds available to the Department of Defense to provide
assistance to the security forces of Afghanistan through the
Afghanistan Security Forces Fund through September 30, 2017.
(f) Agreements.--The Secretary of Defense shall submit to
the congressional committees a copy of each agreement entered
into by the United States and Afghanistan for services of the
Afghan Public Protection Force for the Department of Defense
not later than 30 days after entry into such agreement.
SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439),
as in effect before the amendments made by section 1503 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to
the funds made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund for fiscal year
2013. In providing prior notice to the congressional defense
committees of the obligation of funds from the Joint Improvised
Explosive Device Defeat Fund for such fiscal year, as required
by paragraph (4) of such subsection (c), the Secretary of
Defense shall include the associated analysis of alternatives
conducted in the process of taking action to initiate any
project for which the total obligation of funds from the Fund
will exceed $10,000,000.
(b) Monthly Obligations and Expenditure Reports.--Not later
than 15 days after the end of each month of fiscal year 2013,
the Secretary of Defense shall provide to the congressional
defense committees a report on the Joint Improvised Explosive
Device Defeat Fund explaining monthly commitments, obligations,
and expenditures by line of operation.
(c) Interdiction of Improvised Explosive Device Precursor
Chemicals.--
(1) Availability of certain fiscal year 2013
funds.--Of the funds made available to the Department
of Defense for the Joint Improvised Explosive Device
Defeat Fund for fiscal year 2013, $15,000,000 may be
available to the Secretary of Defense to provide
training, equipment, supplies, and services to
ministries and other entities of the Government of
Pakistan that the Secretary has identified as critical
for countering the flow of improvised explosive device
precursor chemicals from Pakistan to locations in
Afghanistan.
(2) Provision through other us agencies.--If
jointly agreed upon by the Secretary of Defense and the
head of another department or agency of the United
States Government, the Secretary of Defense may
transfer funds available under paragraph (1) to such
department or agency for the provision by such
department or agency of training, equipment, supplies,
and services to ministries and other entities of the
Government of Pakistan as described in that paragraph.
(3) Notice to congress.--Funds may not be used
under the authority in paragraph (1) until 15 days
after the date on which the Secretary of Defense
submits to the congressional defense committees a
notice--
(A) describing the training, equipment,
supplies, and services to be provided using
such funds; and
(B) evaluating the effectiveness of the
efforts by the Government of Pakistan to
counter the flow of improvised explosive device
precursor chemicals from Pakistan to locations
in Afghanistan.
(4) Expiration.--The authority provided by this
subsection expires on December 31, 2013.
SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND RELATED
REQUIREMENTS OF TASK FORCE FOR BUSINESS AND
STABILITY OPERATIONS IN AFGHANISTAN.
(a) Extension.--Subsection (a) of section 1535 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4426), as amended by section
1534 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1658), is further amended--
(1) in paragraph (6), by striking ``October 31,
2011, and October 31, 2012'' and inserting ``October
31, 2011, October 31, 2012, and October 31, 2013''; and
(2) in paragraph (7)--
(A) by striking ``provided in'' and
inserting ``to obligate funds for projects
under''; and
(B) by striking ``September 30, 2012'' and
inserting ``September 30, 2013''.
(b) Scope of Projects.--Paragraph (3) of such subsection,
as so amended, is further amended by striking ``focus on
improving the commercial viability of'' and inserting
``complement''.
(c) Funding.--Paragraph (4) of such subsection, as so
amended, is further amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(2) by striking ``The amount'' and all that follows
through ``appropriate congressional committees.'' and
inserting the following:
``(B) Limitation.--The amount of funds
obligated under the authority of subparagraph
(A)--
``(i) may not exceed $150,000,000
for fiscal year 2012, except that not
more than 50 percent of such amount of
funds may be obligated until the
Secretary of Defense submits to the
appropriate congressional committees
the plan required by subsection (b);
and
``(ii) may not exceed $93,000,000
for fiscal year 2013, except that not
more than $50,000,000 of such amount of
funds may be obligated until the
Secretary of Defense submits to the
appropriate congressional committees
the report required by paragraph (7) of
this subsection.''; and
(3) by striking ``The funds'' and inserting the
following:
``(C) Availability.--The funds''.
(d) Report on Implementation of Transition Action Plan.--
Subsection (a) of section 1535 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011, as amended by
section 1534 of the National Defense Authorization Act for
Fiscal Year 2012 and as amended by this section, is further
amended--
(1) by redesignating paragraph (7) as paragraph
(8); and
(2) by inserting after paragraph (6) the following
new paragraph (7):
``(7) Report on implementation of transition action
plan.--
``(A) In general.--The Secretary of
Defense, in consultation with the Secretary of
State, shall submit to the appropriate
congressional committees a report on the
progress in implementing the Transition Action
Plan of the Task Force for Business and
Stability Operations in Afghanistan.
``(B) Updates.--The Secretary of Defense,
in consultation with the Secretary of State,
shall submit to the appropriate congressional
committees an update of the report required by
subparagraph (A) every 90 days after the
submission of such report.''.
SEC. 1534. PLAN FOR TRANSITION IN FUNDING OF UNITED STATES SPECIAL
OPERATIONS COMMAND FROM SUPPLEMENTAL FUNDING FOR
OVERSEAS CONTINGENCY OPERATIONS TO RECURRING
FUNDING UNDER THE FUTURE-YEARS DEFENSE PROGRAM.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan for the transition of
funding of the United States Special Operations Command from
funds authorized to be appropriated for overseas contingency
operations (commonly referred to as the ``overseas contingency
operations budget'') to funds authorized to be appropriated for
recurring operations of the Department of Defense in accordance
with applicable future-years defense programs under section 221
of title 10, United States Code (commonly referred to as the
``base budget'').
SEC. 1535. ASSESSMENT OF COUNTER-IMPROVISED EXPLOSIVE DEVICE TRAINING
AND INTELLIGENCE ACTIVITIES OF THE JOINT IMPROVISED
EXPLOSIVE DEVICE DEFEAT ORGANIZATION AND NATIONAL
AND MILITARY INTELLIGENCE ORGANIZATIONS.
(a) Assessment of Training Activities.--
(1) Assessment required.--The Secretary of Defense
shall prepare an assessment of the training-related
activities of the Joint Improvised Explosive Device
Defeat Organization (JIEDDO).
(2) Elements.--The assessment required by paragraph
(1) shall--
(A) include all training programs and
functions, both enduring and non-enduring,
executed by the Joint Improvised Explosive
Device Defeat Organization in support of the
United States Armed Forces;
(B) identify any program or function that
is similar to or duplicates other training
activities conducted elsewhere within the
Department of Defense; and
(C) assess the value of maintaining such
similarity or duplication.
(3) Consultation.--The Secretary of Defense shall
prepare the assessment required by paragraph (1) in
consultation with the Chairman of the Joint Chiefs of
Staff and the other chiefs of staff of the Armed
Forces.
(4) Submission and form.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit a report containing
the results of the assessment required by paragraph (1)
to the congressional defense committees. The report
shall be submitted in unclassified form, but may
include a classified annex.
(b) Assessment of Intelligence Activities.--
(1) Assessment required.--The Secretary of Defense
shall prepare an assessment of the intelligence
activities carried out in support of the counter-
improvised explosive device mission of the Department
of Defense.
(2) Elements.--The assessment required by paragraph
(1) shall--
(A) consider the activities of the Counter-
Improved Explosive Devise Operations
Integration Center of the Joint Improvised
Explosive Device Defeat Organization,
including--
(i) identification of all
intelligence analysis programs and
functions executed by the Counter-
Improvised Explosive Device Operations
Integration Center in support of United
States combatant commands and United
States military activities in
Afghanistan;
(ii) identification of any program
or function which is duplicated
elsewhere in the intelligence
components of the Department of Defense
or the intelligence community of the
United States;
(iii) an assessment of the value of
maintaining such duplication; and
(iv) identification of any
opportunities to eliminate unnecessary
duplication;
(B) consider the activities of the national
and military intelligence communities to
counter improvised explosive devices, including
an assessment of--
(i) the sufficiency, adequacy, and
effectiveness of these efforts in
support of the commanders of combatant
commands;
(ii) the prioritization of
collection efforts and resource
allocation within the intelligence
components of the Department of Defense
toward countering improvised explosive
devices; and
(iii) opportunities for improvement
of these efforts, including how these
components would support a broader
counter improvised explosive device
effort beyond operations in
Afghanistan; and
(C) consider the enduring need for a
Counter-Improvised Explosive Device Operations
Integration Center and, if determined to be
necessary, how this center could be most
efficiently and effectively integrated into the
broader Department of Defense intelligence
community.
(3) Consultation.--The Secretary of Defense shall
prepare the assessment required by paragraph (1) in
consultation with the Director of National Intelligence
and the Chairman of the Joint Chiefs of Staff.
(4) Submission and form.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit a report containing
the results of the assessment required by paragraph (1)
to the congressional defense committees, the Permanent
Select Committee on Intelligence of the House of
Representatives, and the Select Committee on
Intelligence of the Senate. The report shall be
submitted in unclassified form, but may include a
classified annex.
TITLE XVI--INDUSTRIAL BASE MATTERS
Subtitle A--Defense Industrial Base Matters
Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and
industrial base.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Sec. 1611. Role of the directors of small business programs in
acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses
of Commercialization Readiness Program of Department of
Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business
Concerns
Sec. 1631. Goals for procurement contracts awarded to small business
concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small
business concerns.
Sec. 1633. Senior executives.
Part III--Mentor-Protege Programs
Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.
Part V--Small Business Concern Size Standards
Sec. 1661. Small business concern size standards.
Part VI--Contract Bundling
Sec. 1671. Contract bundling.
Part VII--Increased Penalties for Fraud
Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or
debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small
Business Administration.
Part VIII--Offices of Small and Disadvantaged Business Units
Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.
Part IX--Other Matters
Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions;
Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled
by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1699a. State Trade and Export Promotion Grant Program.
Subtitle A--Defense Industrial Base Matters
SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.
(a) Disestablishment of Board.--The Defense Materiel
Readiness Board established pursuant to section 871 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 117 note) is hereby disestablished.
(b) Termination of Defense Strategic Readiness Fund.--The
Department of Defense Strategic Readiness Fund established by
section 872(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 117 note) is
hereby closed.
(c) Repeal.--Subtitle G of title VIII of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 117 note) is repealed.
SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS.
Section 2505 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Assessment of Extent of Effects of Foreign
Boycotts.--Each assessment under subsection (a) shall include
an examination of the extent to which the national technology
and industrial base is affected by foreign boycotts. If it is
determined that a foreign boycott (other than a boycott
addressed in a previous assessment) is subjecting the national
technology and industrial base to significant harm, the
assessment shall include a separate discussion and presentation
regarding that foreign boycott that shall, at a minimum--
``(1) identify the sectors that are subject to such
harm;
``(2) describe the harm resulting from such
boycott; and
``(3) identify actions necessary to minimize the
effects of such boycott on the national technology and
industrial base.''.
SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Requirement for Strategy.--
(1) In general.--Section 2501 of title 10, United
States Code, is amended as follows:
(A) The section heading is amended by
striking ``objectives concerning'' and
inserting ``strategy for''.
(B) Subsection (a) is amended--
(i) in the subsection heading, by
striking ``Objectives'' and inserting
``Strategy'';
(ii) by striking ``It is the policy
of'' and all that follows through
``objectives:'' and inserting the
following: ``The Secretary of Defense
shall develop a national security
strategy for the national technology
and industrial base. Such strategy
shall be based on a prioritized
assessment of risks and challenges to
the defense supply chain and shall
ensure that the national technology and
industrial base is capable of achieving
the following national security
objectives:''; and
(iii) by adding at the end the
following new paragraphs:
``(9) Ensuring reliable sources of materials that
are critical to national security, such as specialty
metals, essential minerals, armor plate, and rare earth
elements.
``(10) Reducing, to the maximum extent practicable,
the presence of counterfeit parts in the supply chain
and the risk associated with such parts.''.
(2) Clerical amendment.--The item relating to
section 2501 in the table of sections at the beginning
of subchapter II of chapter 148 of such title is
amended to read as follows:
``2501. National security strategy for national technology and
industrial base.''.
(b) Amendment to Annual Report Relating to Defense
Industrial Base.--Section 2504 of such title is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (3) as paragraph
(2); and
(3) by inserting after paragraph (2) (as so
redesignated) the following new paragraph (3):
``(3) Based on the strategy required by section
2501 of this title and on the assessments prepared
pursuant to section 2505 of this title--
``(A) a description of any mitigation
strategies necessary to address any gaps or
vulnerabilities in the national technology and
industrial base; and
``(B) any other steps necessary to foster
and safeguard the national technology and
industrial base.''.
(c) Requirement for Consideration of Strategy in
Acquisition Plans.--Section 2440 of such title is amended by
inserting after ``base'' the following: ``, in accordance with
the strategy required by section 2501 of this title,''.
(d) Conforming Amendments.--Section 852 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1517; 10 U.S.C. 2504 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c), and in that subsection by striking ``subsection
(c).'' in the first sentence and inserting ``section
2501 of title 10, United States Code.''.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
SEC. 1611. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS IN
ACQUISITION PROCESSES OF THE DEPARTMENT OF DEFENSE.
(a) Guidance Required.--The Secretary of Defense shall
develop and issue guidance to ensure that the head of each
Office of Small Business Programs of the Department of Defense
is a participant as early as practicable in the acquisition
processes--
(1) of the Department, in the case of the Director
of Small Business Programs in the Department of
Defense; and
(2) of the military department concerned, in the
case of the Director of Small Business Programs in the
Department of the Army, in the Department of the Navy,
and in the Department of the Air Force.
(b) Matters To Be Included.--Such guidance shall, at a
minimum--
(1) require the Director of Small Business Programs
in the Department of Defense--
(A) to provide advice to the Defense
Acquisition Board; and
(B) to provide advice to the Information
Technology Acquisition Board; and
(2) require coordination between the chiefs of
staff of the Armed Forces and the service acquisition
executives, as appropriate (or their designees), and
the Director of Small Business Programs in each
military department as early as practical in the
relevant acquisition processes.
SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE AUDIT AGENCIES.
(a) Small Business Ombudsman.--Subchapter II of chapter 8
of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 204. Small Business Ombudsman for defense audit agencies
``(a) Small Business Ombudsman.--The Secretary of Defense
shall designate within each defense audit agency an official as
the Small Business Ombudsman to have the duties described in
subsection (b) and such other responsibilities as may be
determined by the Secretary.
``(b) Duties.--The Small Business Ombudsman of a defense
audit agency shall--
``(1) advise the Director of the defense audit
agency on policy issues related to small business
concerns;
``(2) serve as the defense audit agency's primary
point of contact and source of information for small
business concerns;
``(3) collect and monitor relevant data regarding
the defense audit agency's conduct of audits of small
business concerns, including--
``(A) data regarding the timeliness of
audit closeouts for small business concerns;
and
``(B) data regarding the responsiveness of
the defense audit agency to issues or other
matters raised by small business concerns; and
``(4) make recommendations to the Director
regarding policies, processes, and procedures related
to the timeliness of audits of small business concerns
and the responsiveness of the defense audit agency to
issues or other matters raised by small business
concerns.
``(c) Audit Independence.--The Small Business Ombudsman of
a defense audit agency shall be segregated from ongoing audits
in the field and shall not engage in activities with regard to
particular audits that could compromise the independence of the
defense audit agency or undermine compliance with applicable
audit standards.
``(d) Defense Audit Agency Defined.--In this section, the
term `defense audit agency' means the Defense Contract Audit
Agency and the Defense Contract Management Agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 8 of such title is
amended by inserting after the item relating to section 203 the
following new item:
``204. Small Business Ombudsman for defense audit agencies.''.
SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT CONTRACTING
PERFORMANCE OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall select an appropriate entity to conduct an independent
assessment of the procurement performance of the Department of
Defense related to small business concerns.
(b) Matters Covered.--The assessment under subsection (a)
shall, at a minimum, include an examination of--
(1) the industrial composition of companies
receiving subcontracts pursuant to the test program for
the negotiation of comprehensive small business
subcontracting plans pursuant to section 834 of the
National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note),
compared to the industrial composition of other
contractors in the defense industrial base;
(2) the quality and reliability of data on small
business prime contracting and subcontracting by the
Department, and the reliability of the information
technology systems that the Department uses to track
such data;
(3) the negotiation and execution of small business
subcontracting plans, and the degree to which proposed
teaming agreements are or are not maintained through
the performance of contracts;
(4) the extent to which the Department adheres to
current policies and guidelines relating to small
business prime contracting and subcontracting goals;
(5) the extent to which the Department bundles,
consolidates, or otherwise groups requirements into
contracts that are unsuitable for award to small
business concerns, the extent to which such bundling,
consolidation, or grouping of requirements is
justified, and the effects that such practices have on
small business participation in contracting
opportunities with the Department;
(6) the degree to which abuses of small business
contracting and subcontracting programs result in
contracts and subcontracts intended for small business
concerns not being awarded to small business concerns;
and
(7) an examination of the transition challenges
faced by businesses that graduate from small business
programs or grow to exceed the size standards for
participation in such programs, along with specific
recommendations on steps that should be taken to help
ensure the continued health and growth of such
businesses.
(c) Report.--Not later than January 1, 2014, the Secretary
of Defense shall submit to the congressional defense committees
a report on the independent assessment conducted under this
section. The report shall include the findings and
recommendations of the assessment, together with any
recommendations that the Secretary may have for improving the
Department's small business contracting practices and
addressing any shortcomings identified by the assessment.
SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
(a) Requirement for External Peer Reviews.--Section 8(c) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``and'' at the end of paragraph
(8);
(2) by striking the period and inserting ``; and''
at the end of paragraph (9); and
(3) by adding at the end the following new
paragraph:
``(10) conduct, or approve arrangements for the
conduct of, external peer reviews of Department of
Defense audit agencies in accordance with and in such
frequency as provided by Government auditing standards
as established by the Comptroller General of the United
States.''.
(b) Requirement for Additional Information in Semiannual
Reports.--Section 8(f) of such Act is amended by striking
paragraph (1) and inserting the following:
``(1) Each semiannual report prepared by the Inspector
General of the Department of Defense under section 5(a) shall
be transmitted by the Secretary of Defense to the Committees on
Armed Services and on Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed Services and
on Oversight and Government Reform of the House of
Representatives and to other appropriate committees or
subcommittees of Congress. Each such report shall include--
``(A) information concerning the numbers and types
of contract audits conducted by the Department during
the reporting period; and
``(B) information concerning any Department of
Defense audit agency that, during the reporting period,
has either received a failed opinion from an external
peer review or is overdue for an external peer review
required to be conducted in accordance with subsection
(c)(10).''.
SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRATIVE EXPENSES
OF COMMERCIALIZATION READINESS PROGRAM OF
DEPARTMENT OF DEFENSE.
(a) Restoration.--Section 9(y) of the Small Business Act
(15 U.S.C. 638(y)), as amended by section 5141(b)(1)(B) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1853) is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Funding.--For payment of expenses incurred to
administer the Commercialization Readiness Program
under this subsection, the Secretary of Defense and
each Secretary of a military department is authorized
to use not more than an amount equal to 1 percent of
the funds available to the Department of Defense or the
military department pursuant to the Small Business
Innovation Research Program. Such funds shall not be
used to make Phase III awards.''.
(b) Technical Amendment.--Section 5141(b)(3)(B) of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1854) is amended by striking ``subsection
(y)--'' and all that follows through ``the following:'' and
inserting ``subsection (y), by amending paragraph (4) to read
as follows:''.
(c) Effective Date.--The amendments made by this section
shall take effect as of January 1, 2012.
Subtitle C--Matters Relating to Small Business Concerns
PART I--PROCUREMENT CENTER REPRESENTATIVES
SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES.
(a) In General.--Section 15(l) of the Small Business Act
(15 U.S.C. 644(l)) is amended by striking the subsection
enumerator and inserting the following:
``(l) Procurement Center Representatives.--''.
(b) Assignment and Role.--Paragraph (1) of section 15(l) of
such Act (15 U.S.C. 644(l)) is amended to read as follows:
``(1) Assignment and role.--The Administrator shall
assign to each major procurement center a procurement
center representative with such assistance as may be
appropriate.''.
(c) Activities.--Section 15(l)(2) of such Act (15 U.S.C.
644(l)(2)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``(2) In addition to carrying out the
responsibilities assigned by the Administration, a
breakout'' and inserting the following:
``(2) Activities.--A'';
(2) in subparagraph (B)--
(A) by striking ``(B) review, at any time,
restrictions on competition'' and inserting the
following:
``(B) review, at any time, barriers to
small business participation in Federal
contracting'';
(B) by striking ``items'' and inserting
``goods and services''; and
(C) by striking ``limitations'' and
inserting ``barriers'';
(3) in subparagraph (C), by striking ``(C) review
restrictions on competition'' and inserting the
following:
``(C) review barriers to small business
participation in Federal contracting'';
(4) by striking subparagraph (D) and inserting the
following:
``(D) review any bundled or consolidated
solicitation or contract in accordance with
this Act;'';
(5) by striking subparagraph (E) and inserting the
following:
``(E) have access to procurement records
and other data of the procurement center
commensurate with the level of such
representative's approved security clearance
classification, with such data provided upon
request in electronic format, when
available;''; and
(6) by striking subparagraphs (F) and (G) and
inserting the following:
``(F) receive unsolicited proposals from
small business concerns and transmit such
proposals to personnel of the activity
responsible for reviewing such proposals, who
shall furnish the procurement center
representative with information regarding the
disposition of any such proposal;
``(G) consult with the Director the Office
of Small and Disadvantaged Business Utilization
of that agency and the agency personnel
described in paragraph (7) and (8) of
subsection (k) with regard to agency insourcing
decisions covered by subsection (k)(11);
``(H) be an advocate for the maximum
practicable utilization of small business
concerns in Federal contracting, including by
advocating against the consolidation or
bundling of contract requirements when not
justified; and
``(I) carry out any other responsibility
assigned by the Administrator.''.
(d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C.
644(l)(3)) is amended by striking ``(3) A breakout procurement
center representative'' and inserting the following:
``(3) Appeals.--A procurement center
representative''.
(e) Assignment to Major Procurement Centers.--Paragraph (4)
of section 15(l) of such Act (15 U.S.C. 644(l)) is amended by
striking ``breakout procurement center representative'' and
inserting ``procurement center representative''.
(f) Position Requirements.--Section 15(l)(5) of such Act
(15 U.S.C. 644(l)(5)) is amended--
(1) by striking the paragraph enumerator and
inserting the following:
``(5) Position requirements.--'';
(2) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) In general.--A procurement center
representative assigned under this subsection
shall--
``(i) be a full-time employee of
the Administration;
``(ii) be fully qualified,
technically trained, and familiar with
the goods and services procured by the
major procurement center to which that
representative is assigned; and
``(iii) have a Level III Federal
Acquisition Certification in
Contracting (or any successor
certification) or the equivalent
Department of Defense certification,
except that any person serving in such
a position on the date of enactment of
this clause may continue to serve in
that position for a period of 5 years
without the required certification.'';
and
(3) in subparagraph (C) by striking ``(C) The
Administration shall establish personnel positions for
breakout procurement representatives and advisers
assigned pursuant to'' and inserting the following:
``(B) Compensation.--The Administrator
shall establish personnel positions for
procurement center representatives assigned
under''.
(g) Major Procurement Center Defined.--Section 15(l)(6) of
such Act (15 U.S.C. 644(l)(6)) is amended--
(1) by striking ``(6) For purposes'' and inserting
the following:
``(6) Major procurement center defined.--For
purposes''; and
(2) by striking ``other than commercial items and
which has the potential to incur significant savings as
the result of the placement of a breakout procurement
center representative'' and inserting ``goods or
services, including goods or services that are
commercially available''.
(h) Training.--Section 15(l)(7) of such Act (15 U.S.C.
644(l)(7)) is amended--
(1) by striking the paragraph enumerator and
inserting the following:
``(7) Training.--'';
(2) in subparagraph (A) by striking ``(A) At such
times'' and inserting the following:
``(A) Authorization.--At such times''.
(3) in subparagraph (B)--
(A) by striking ``(B) The breakout
procurement center representative'' and
inserting the following:
``(8) Annual briefing and report.--A procurement
center representative''; and
(B) by striking ``sixty'' and inserting
``60''; and
(4) by inserting after subparagraph (A) the
following:
``(B) Limitation.--A procurement center
representative may provide training under
subparagraph (A) only to the extent that the
training does not interfere with the
representative carrying out other activities
under this subsection.''.
SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this part, the Defense Acquisition University and
the Federal Acquisition Institute shall each provide a course
on contracting requirements under the Small Business Act,
including the requirements for small business concerns owned
and controlled by service-disabled veterans, qualified HUBZone
small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women.
(b) Course Required.--To have a Federal Acquisition
Certification in Contracting (or any successor certification)
or the equivalent Department of Defense certification an
individual shall be required to complete the course established
under subsection (a).
(c) Requirement That Business Opportunity Specialists Be
Certified.--Section 7(j)(10)(D)(i) of the Small Business Act
(15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ``to
assist such Program Participant.'' the following: ``The
Business Opportunity Specialist shall have a Level I Federal
Acquisition Certification in Contracting (or any successor
certification) or the equivalent Department of Defense
certification, except that a Business Opportunity Specialist
serving at the time of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2013 may continue to
serve as a Business Opportunity Specialist for a period of 5
years beginning on that date of enactment without such a
certification.''.
SEC. 1623. ACQUISITION PLANNING.
Section 15(e)(1) of the Small Business Act (15 U.S.C.
644(e)(1)) is amended--
(1) by striking ``the various agencies'' and
inserting ``a Federal department or agency''; and
(2) by striking the period and inserting ``, and
each such Federal department or agency shall--
``(A) provide opportunities for the
participation of small business concerns during
acquisition planning processes and in
acquisition plans; and
``(B) invite the participation of the
appropriate Director of Small and Disadvantaged
Business Utilization in acquisition planning
processes and provide that Director access to
acquisition plans.''.
PART II--GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS
SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS.
(a) Governmentwide Goals.--Paragraph (1) of section 15(g)
of the Small Business Act (15 U.S.C. 644(g)) is amended to read
as follows:
``(1) Governmentwide goals.--
``(A) Establishment.--The President shall
annually establish Governmentwide goals for
procurement contracts awarded to small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women in accordance with the
following:
``(i) The Governmentwide goal for
participation by small business
concerns shall be established at not
less than 23 percent of the total value
of all prime contract awards for each
fiscal year.
``(ii) The Governmentwide goal for
participation by small business
concerns owned and controlled by
service-disabled veterans shall be
established at not less than 3 percent
of the total value of all prime
contract and subcontract awards for
each fiscal year.
``(iii) The Governmentwide goal for
participation by qualified HUBZone
small business concerns shall be
established at not less than 3 percent
of the total value of all prime
contract and subcontract awards for
each fiscal year.
``(iv) The Governmentwide goal for
participation by small business
concerns owned and controlled by
socially and economically disadvantaged
individuals shall be established at not
less than 5 percent of the total value
of all prime contract and subcontract
awards for each fiscal year.
``(v) The Governmentwide goal for
participation by small business
concerns owned and controlled by women
shall be established at not less than 5
percent of the total value of all prime
contract and subcontract awards for
each fiscal year.
``(B) Achievement of governmentwide
goals.--Each agency shall have an annual goal
that presents, for that agency, the maximum
practicable opportunity for small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women to participate in the
performance of contracts let by such agency.
The Small Business Administration and the
Administrator for Federal Procurement Policy
shall, when exercising their authority pursuant
to paragraph (2), insure that the cumulative
annual prime contract goals for all agencies
meet or exceed the annual Governmentwide prime
contract goal established by the President
pursuant to this paragraph.''.
(b) Amendments to the Small Business Act.--Paragraph (2) of
section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is
amended--
(1) in subparagraph (A), by adding at the end the
following: ``Such goals shall separately address prime
contract awards and subcontract awards for each
category of small business covered.'';
(2) in subparagraph (D), by striking ``For the
purpose of establishing goals under this subsection''
and all that follows through the end of that
subparagraph, and inserting the following: ``After
establishing goals under this paragraph for a fiscal
year, the head of each Federal agency shall develop a
plan for achieving such goals at both the prime
contract and the subcontract level, which shall
apportion responsibilities among the agency's
acquisition executives and officials. In establishing
goals under this paragraph, the head of each Federal
agency shall make a consistent effort to annually
expand participation by small business concerns from
each industry category in procurement contracts and
subcontracts of such agency, including participation by
small business concerns owned and controlled by
service-disabled veterans, qualified HUBZone small
business concerns, small business concerns owned and
controlled by socially and economically disadvantaged
individuals, and small business concerns owned and
controlled by women.''; and
(3) by striking subparagraphs (E) and (F) and
inserting the following:
``(E) The head of each Federal agency, in
attempting to attain expanded participation
under subparagraph (D), shall consider--
``(i) contracts awarded as the
result of unrestricted competition; and
``(ii) contracts awarded after
competition restricted to eligible
small business concerns under this
section and under the program
established under section 8(a).
``(F)(i) Each procurement employee or
program manager described in clause (ii) shall
communicate to the subordinates of the
procurement employee or program manager the
importance of achieving goals established under
subparagraph (A).
``(ii) A procurement employee or program
manager described in this clause is a senior
procurement executive, senior program manager,
or Director of Small and Disadvantaged Business
Utilization of a Federal agency having
contracting authority.''.
(c) Additional Requirements.--Not later than 180 days after
the date of the enactment of this part, the Administrator of
the Small Business Administration shall review and revise the
Goaling Guidelines for the Small Business Preference Programs
for Prime and Subcontract Federal Procurement Goals and
Achievements to the extent necessary to ensure that--
(1) agency subcontracting goals are established on
the basis of realistically achievable improvements to
levels of subcontracting rather than on the basis of an
average of previous years' subcontracting performance;
(2) agency contracting and subcontracting goals are
established in a manner that does not exclude
categories of contracts on the basis of--
(A) the type of goods or services for which
the agency contracts;
(B) in the case of contracts subject to
competitive procedures under chapter 33 of
title 41, United States Code--
(i) whether or not funding for the
contracts is made directly available to
the agency by an Appropriations Act or
is made available by reimbursement from
another agency or account; or
(ii) whether or not the contract is
subject to the Federal Acquisition
Regulation; and
(3) whenever an agency contracting or
subcontracting goal is established at a level lower
than the Governmentwide goal for small business
concerns or the relevant category of small business
concerns, the Administration is required to document
the basis for the decision to establish such lower
goal.
(d) Assessment Required.--Not later than 60 days after the
date of the enactment of this part, the Chief Counsel for
Advocacy of the Small Business Administration shall enter into
a contract with an appropriate entity to conduct an independent
assessment of the small business procurement goals established
in section 15(g) of the Small Business Act.
(1) Coordination with department of defense.--To
the extent practicable, the Administrator shall
coordinate this assessment with the Secretary of
Defense, to avoid unnecessary duplication with the
assessment required by section 1613 of this title.
(2) Matters covered.--The assessment under this
subsection shall, at a minimum, include--
(A) a description of the industrial
composition of companies receiving prime
contracts and subcontracts with the Federal
Government;
(B) a description of the industrial
composition of domestic small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women;
(C) a comparison of the industrial
composition of prime contractors and
subcontractors participating in Federal
contracting and the industrial composition of
domestic small business concerns, small
business concerns owned and controlled by
service-disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by socially and
economically disadvantaged individuals, and
small business concerns owned and controlled by
women;
(D) a determination of barriers to
accurately capturing data on small business
prime contracting and subcontracting, including
an examination of the reliability of
information technology systems used by more
than one Federal agency to track such data;
(E) recommendations for improving the
quality and availability of data regarding
small business prime contracting and
subcontracting performance;
(F) recommendations to improve and inform
the establishment of the goals in section 15(g)
of the Small Business Act, including:
(i) alternate methodologies for
establishing the goals;
(ii) determining which contracts
should be subject to the goals;
(iii) methods for improving the
correlation of current goaling
practices with the health of the
industrial base; and
(iv) methods of allocating goals
between Federal agencies; and
(G) barriers within Federal procurement
practices that inhibit the maximum practicable
utilization of domestic small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women.
SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO
SMALL BUSINESS CONCERNS.
Subsection (h) of section 15 of the Small Business Act (15
U.S.C. 644) is amended to read as follows:
``(h) Reporting on Goals for Procurement Contracts Awarded
to Small Business Concerns.--
``(1) Agency reports.--At the conclusion of each
fiscal year, the head of each Federal agency shall
submit to the Administrator a report describing--
``(A) the extent of the participation by
small business concerns, small business
concerns owned and controlled by veterans
(including service-disabled veterans),
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women in the procurement
contracts of such agency during such fiscal
year;
``(B) whether the agency achieved the goals
established for the agency under subsection
(g)(2) with respect to such fiscal year; and
``(C) any justifications for a failure to
achieve such goals.
``(2) Reports by administrator.--Not later than 60
days after receiving a report from each Federal agency
under paragraph (1) with respect to a fiscal year, the
Administrator shall submit to the President and
Congress, and to make available on a public Web site, a
report that includes--
``(A) a copy of each report submitted to
the Administrator under paragraph (1);
``(B) a determination of whether each goal
established by the President under subsection
(g)(1) for such fiscal year was achieved;
``(C) a determination of whether each goal
established by the head of a Federal agency
under subsection (g)(2) for such fiscal year
was achieved;
``(D) the reasons for any failure to
achieve a goal established under paragraph (1)
or (2) of subsection (g) for such fiscal year
and a description of actions planned by the
applicable agency to address such failure,
including the Administrator's comments and
recommendations on the proposed remediation
plan; and
``(E) for the Federal Government and each
Federal agency, an analysis of the number and
dollar amount of prime contracts awarded during
such fiscal year to--
``(i) small business concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns; and
``(IV) through unrestricted
competition;
``(ii) small business concerns
owned and controlled by service-
disabled veterans--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to small business
concerns owned and controlled
by service-disabled veterans;
and
``(V) through unrestricted
competition;
``(iii) qualified HUBZone small
business concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to qualified HUBZone
small business concerns;
``(V) through unrestricted
competition where a price
evaluation preference was used;
and
``(VI) through unrestricted
competition where a price
evaluation preference was not
used;
``(iv) small business concerns
owned and controlled by socially and
economically disadvantaged
individuals--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals;
``(V) through unrestricted
competition; and
``(VI) by reason of that
concern's certification as a
small business owned and
controlled by socially and
economically disadvantaged
individuals;
``(v) small business concerns owned
by an Indian tribe (as such term is
defined in section 8(a)(13)) other than
an Alaska Native Corporation--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals; and
``(V) through unrestricted
competition;
``(vi) small business concerns
owned by a Native Hawaiian
Organization--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals; and
``(V) through unrestricted
competition;
``(vii) small business concerns
owned by an Alaska Native Corporation--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through
competitions restricted to
small business concerns;
``(IV) through competitions
restricted to small business
concerns owned and controlled
by socially and economically
disadvantaged individuals; and
``(V) through unrestricted
competition; and
``(viii) small business concerns
owned and controlled by women--
``(I) in the aggregate;
``(II) through competitions
restricted to small business
concerns;
``(III) through
competitions restricted using
the authority under section
8(m)(2);
``(IV) through competitions
restricted using the authority
under section 8(m)(2) and in
which the waiver authority
under section 8(m)(3) was used;
and
``(V) through unrestricted
competition; and
``(F) for the Federal Government, the
number, dollar amount, and distribution with
respect to the North American Industry
Classification System of subcontracts awarded
during such fiscal year to small business
concerns, small business concerns owned and
controlled by service-disabled veterans,
qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals, and small business concerns owned
and controlled by women, provided that such
information is publicly available through data
systems developed pursuant to the Federal
Funding Accountability and Transparency Act of
2006 (Public Law 109-282), or otherwise
available as provided in paragraph (3).
``(3) Access to data.--
``(A) Federal procurement data system.--To
assist in the implementation of this section,
the Administration shall have access to
information collected through the Federal
Procurement Data System, Federal Subcontracting
Reporting System, or any new or successor
system.
``(B) Agency procurement data sources.--To
assist in the implementation of this section,
the head of each contracting agency shall
provide, upon request of the Administration,
procurement information collected through
agency data collection sources in existence at
the time of the request. Contracting agencies
shall not be required to establish new data
collection systems to provide such data.''.
SEC. 1633. SENIOR EXECUTIVES.
(a) Training.--Programs established for the development of
senior executives under section 3396(a) of title 5, United
States Code, shall include training with respect to Federal
procurement requirements, including contracting requirements
under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Responsibility for Achieving Small Business Goals.--The
head of an agency shall take steps to ensure that members of
the senior executive service, as defined under section 3396(a)
of title 5, United States Code, responsible for acquisition,
other senior officials responsible for acquisition, and other
members of the senior executive service, as appropriate, assume
responsibility for of the agency's success in achieving small
business contracting goals and percentages by--
(1) promoting a climate or environment that is
responsive to small business concerns;
(2) communicating the importance of achieving the
agency's small business contracting goals; and
(3) encouraging small business awareness, outreach,
and support.
(c) Definitions.--In this section the term ``responsible
for acquisition'', with respect to a member of the senior
executive service or other senior official, means such a member
or official who acquires services or supplies, directs agency
organizations to acquire services or supplies, oversees
acquisition officials, including program managers, contracting
officers, and other acquisition workforce personnel responsible
for formulating and approving acquisition strategies and plans.
PART III--MENTOR-PROTEGE PROGRAMS
SEC. 1641. MENTOR-PROTEGE PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 45 as section 47; and
(2) by inserting after section 44 the following:
``SEC. 45. MENTOR-PROTEGE PROGRAMS.
``(a) Administration Program.--
``(1) Authority.--The Administrator is authorized
to establish a mentor-protege program for all small
business concerns.
``(2) Model for program.--The mentor-protege
program established under paragraph (1) shall be
identical to the mentor-protege program of the
Administration for small business concerns that
participate in the program under section 8(a) (as in
effect on the date of enactment of this section),
except that the Administrator may modify the program to
the extent necessary given the types of small business
concerns included as proteges.
``(b) Programs of Other Agencies.--
``(1) Approval required.--Except as provided in
paragraph (4), a Federal department or agency may not
carry out a mentor-protege program for small business
concerns unless--
``(A) the head of the department or agency
submits a plan to the Administrator for the
program; and
``(B) the Administrator approves such plan.
``(2) Basis for approval.--The Administrator shall
approve or disapprove a plan submitted under paragraph
(1) based on whether the program proposed--
``(A) will assist proteges to compete for
Federal prime contracts and subcontracts; and
``(B) complies with the regulations issued
under paragraph (3).
``(3) Regulations.--Not later than 270 days after
the date of enactment of this section, the
Administrator shall issue, subject to notice and
comment, regulations with respect to mentor-protege
programs, which shall ensure that such programs improve
the ability of proteges to compete for Federal prime
contracts and subcontracts and which shall address, at
a minimum, the following:
``(A) Eligibility criteria for program
participants, including any restrictions on the
number of mentor-protege relationships
permitted for each participant.
``(B) The types of developmental assistance
to be provided by mentors, including how the
assistance provided shall improve the
competitive viability of the proteges.
``(C) Whether any developmental assistance
provided by a mentor may affect the status of a
program participant as a small business concern
due to affiliation.
``(D) The length of mentor-protege
relationships.
``(E) The effect of mentor-protege
relationships on contracting.
``(F) Benefits that may accrue to a mentor
as a result of program participation.
``(G) Reporting requirements during program
participation.
``(H) Postparticipation reporting
requirements.
``(I) The need for a mentor-protege pair,
if accepted to participate as a pair in a
mentor-protege program of any Federal
department or agency, to be accepted to
participate as a pair in all Federal mentor-
protege programs.
``(J) Actions to be taken to ensure
benefits for proteges and to protect a protege
against actions by a mentor that--
``(i) may adversely affect the
protege's status as a small business
concern; or
``(ii) provide disproportionate
economic benefits to the mentor
relative to those provided the protege.
``(4) Limitation on applicability.--Paragraph (1)
does not apply to the following:
``(A) Any mentor-protege program of the
Department of Defense.
``(B) Any mentoring assistance provided
under a Small Business Innovation Research
Program or a Small Business Technology Transfer
Program.
``(C) Until the date that is 1 year after
the date on which the Administrator issues
regulations under paragraph (3), any Federal
department or agency operating a mentor-protege
program in effect on the date of enactment of
this section.
``(c) Reporting.--
``(1) In general.--Not later than 2 years after the
date of enactment of this section, and annually
thereafter, the Administrator shall submit to the
Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report that--
``(A) identifies each Federal mentor-
protege program;
``(B) specifies the number of participants
in each such program, including the number of
participants that are--
``(i) small business concerns;
``(ii) small business concerns
owned and controlled by service-
disabled veterans;
``(iii) qualified HUBZone small
business concerns;
``(iv) small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
or
``(v) small business concerns owned
and controlled by women;
``(C) describes the type of assistance
provided to proteges under each such program;
``(D) describes the benefits provided to
mentors under each such program; and
``(E) describes the progress of proteges
under each such program with respect to
competing for Federal prime contracts and
subcontracts.
``(2) Provision of information.--The head of each
Federal department or agency carrying out a mentor-
protege program shall provide to the Administrator, on
an annual basis, the information necessary for the
Administrator to submit a report required under
paragraph (1).
``(d) Definitions.--In this section, the following
definitions apply:
``(1) Mentor.--The term `mentor' means a for-profit
business concern, of any size, that--
``(A) has the ability to assist and commits
to assisting a protege to compete for Federal
prime contracts and subcontracts; and
``(B) satisfies any other requirements
imposed by the Administrator.
``(2) Mentor-protege program.--The term `mentor-
protege program' means a program that pairs a mentor
with a protege for the purpose of assisting the protege
to compete for Federal prime contracts and
subcontracts.
``(3) Protege.--The term `protege' means a small
business concern that--
``(A) is eligible to enter into Federal
prime contracts and subcontracts; and
``(B) satisfies any other requirements
imposed by the Administrator.
``(e) Current Mentor Protege Agreements.--Mentors and
proteges with approved agreement in a program operating
pursuant to subsection (b)(4)(C) shall be permitted to continue
their relationship according to the terms specified in their
agreement until the expiration date specified in the agreement.
``(f) Submission of Agency Plans.--Agencies operating
mentor protege programs pursuant to subsection (b)(4)(C) shall
submit the plans specified in subsection (b)(1)(A) to the
Administrator within 6 months of the promulgation of rules
required by subsection (b)(3). The Administrator shall provide
initial comments on each plan within 60 days of receipt, and
final approval or denial of each plan within 180 days after
receipt.''.
PART IV--TRANSPARENCY IN SUBCONTRACTING
SEC. 1651. LIMITATIONS ON SUBCONTRACTING.
The Small Business Act (15 U.S.C. 631 et seq.) is amended
by inserting before section 47 (as redesignated by section 1641
of this subtitle) the following:
``SEC. 46. LIMITATIONS ON SUBCONTRACTING.
``(a) In General.--If awarded a contract under section
8(a), 8(m), 15(a), 31, or 36, a covered small business
concern--
``(1) in the case of a contract for services, may
not expend on subcontractors more than 50 percent of
the amount paid to the concern under the contract;
``(2) in the case of a contract for supplies (other
than from a regular dealer in such supplies), may not
expend on subcontractors more than 50 percent of the
amount, less the cost of materials, paid to the concern
under the contract;
``(3) in the case of a contract described in
paragraphs (1) and (2)--
``(A) shall determine for which category,
services (as described in paragraph (1)) or
supplies (as described in paragraph (2)), the
greatest percentage of the contract is awarded;
``(B) shall determine the amount awarded
under the contract for that category of
services or supplies; and
``(C) may not expend on subcontractors,
with respect to the amount determined under
subparagraph (B), more than 50 percent of that
amount; and
``(4) in the case of a contract for supplies from a
regular dealer in such supplies, shall supply the
product of a domestic small business manufacturer or
processor, unless a waiver of such requirement is
granted--
``(A) by the Administrator, after reviewing
a determination by the applicable contracting
officer that no small business manufacturer or
processor can reasonably be expected to offer a
product meeting the specifications (including
period for performance) required by the
contract; or
``(B) by the Administrator for a product
(or class of products), after determining that
no small business manufacturer or processor is
available to participate in the Federal
procurement market.
``(b) Similarly Situated Entities.--Contract amounts
expended by a covered small business concern on a subcontractor
that is a similarly situated entity shall not be considered
subcontracted for purposes of determining whether the covered
small business concern has violated a requirement established
under subsection (a) or (d).
``(c) Modifications of Percentages.--The Administrator may
change, by rule (after providing notice and an opportunity for
public comment), a percentage specified in paragraphs (1)
through (4) of subsection (a) if the Administrator determines
that such change is necessary to reflect conventional industry
practices among business concerns that are below the numerical
size standard for businesses in that industry category.
``(d) Other Contracts.--
``(1) In general.--With respect to a category of
contracts to which a requirement under subsection (a)
does not apply, the Administrator is authorized to
establish, by rule (after providing notice and an
opportunity for public comment), a requirement that a
covered small business concern may not expend on
subcontractors more than a specified percentage of the
amount paid to the concern under a contract in that
category.
``(2) Uniformity.--A requirement established under
paragraph (1) shall apply to all covered small business
concerns.
``(3) Construction projects.--The Administrator
shall establish, through public rulemaking,
requirements similar to those specified in paragraph
(1) to be applicable to contracts for general and
specialty construction and to contracts for any other
industry category not otherwise subject to the
requirements of such paragraph. The percentage
applicable to any such requirement shall be determined
in accordance with paragraph (1).
``(e) Definitions.--In this section, the following
definitions apply:
``(1) Covered small business concern.--The term
`covered small business concern' means a business
concern that--
``(A) with respect to a contract awarded
under section 8(a), is a small business concern
eligible to receive contracts under that
section;
``(B) with respect to a contract awarded
under section 8(m)--
``(i) is a small business concern
owned and controlled by women (as
defined in that section); or
``(ii) is a small business concern
owned and controlled by women (as
defined in that section) that is not
less than 51 percent owned by 1 or more
women who are economically
disadvantaged (and such ownership is
determined without regard to any
community property law);
``(C) with respect to a contract awarded
under section 15(a), is a small business
concern;
``(D) with respect to a contract awarded
under section 31, is a qualified HUBZone small
business concern; or
``(E) with respect to a contract awarded
under section 36, is a small business concern
owned and controlled by service-disabled
veterans.
``(2) Similarly situated entity.--The term
`similarly situated entity' means a subcontractor
that--
``(A) if a subcontractor for a small
business concern, is a small business concern;
``(B) if a subcontractor for a small
business concern eligible to receive contracts
under section 8(a), is such a concern;
``(C) if a subcontractor for a small
business concern owned and controlled by women
(as defined in section 8(m)), is such a
concern;
``(D) if a subcontractor for a small
business concern owned and controlled by women
(as defined in section 8(m)) that is not less
than 51 percent owned by 1 or more women who
are economically disadvantaged (and such
ownership is determined without regard to any
community property law), is such a concern;
``(E) if a subcontractor for a qualified
HUBZone small business concern, is such a
concern; or
``(F) if a subcontractor for a small
business concern owned and controlled by
service-disabled veterans, is such a
concern.''.
SEC. 1652. PENALTIES.
Section 16 of the Small Business Act (15 U.S.C. 645) is
amended by adding at the end the following:
``(g) Subcontracting Limitations.--
``(1) In general.--Whoever violates a requirement
established under section 46 shall be subject to the
penalties prescribed in subsection (d), except that,
for an entity that exceeded a limitation on
subcontracting under such section, the fine described
in subsection (d)(2)(A) shall be treated as the greater
of--
``(A) $500,000; or
``(B) the dollar amount expended, in excess
of permitted levels, by the entity on
subcontractors.
``(2) Monitoring.--Not later than 1 year after the
date of enactment of this subsection, the Administrator
shall take such actions as are necessary to ensure that
an existing Federal subcontracting reporting system is
modified to notify the Administrator, the appropriate
Director of the Office of Small and Disadvantaged
Business Utilization, and the appropriate contracting
officer if a requirement established under section 46
is violated.''.
SEC. 1653. SUBCONTRACTING PLANS.
(a) Amendments to Small Business Act Requirements.--Section
8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended
by--
(1) redesignating paragraphs (7), (8), (9), (10),
(11), and (12) as paragraphs (8), (9), (10), (11),
(12), and (13) respectively;
(2) inserting after paragraph (6) the following:
``(7) The head of the contracting agency shall
ensure that--
``(A) the agency collects and reports data
on the extent to which contractors of the
agency meet the goals and objectives set forth
in subcontracting plans submitted pursuant to
this subsection; and
``(B) the agency periodically reviews data
collected and reported pursuant to subparagraph
(A) for the purpose of ensuring that such
contractors comply in good faith with the
requirements of this subsection and
subcontracting plans submitted by the
contractors pursuant to this subsection.'';
(3) in paragraph (9), as redesignated by paragraph
(1) of this subsection, striking ``shall be a material
breach of such contract or subcontract'' and inserting
``shall be a material breach of such contract or
subcontract and may be considered in any past
performance evaluation of the contractor'';
(4) in subparagraph (C) of paragraph (11), as
redesignated by paragraph (1) of this subsection, by
striking ``, either on a contract-by-contract basis, or
in the case contractors'' and inserting ``as a
supplement to evaluations performed by the contracting
agency, either on a contract-by-contract basis or, in
the case of contractors''; and
(5) by adding at the end the following:
``(14) An offeror for a covered contract that
intends to identify a small business concern as a
potential subcontractor in a bid or proposal for the
contract, or in a plan submitted pursuant to this
subsection in connection with the contract, shall
notify the small business concern prior to making such
identification.
``(15) The Administrator shall establish a
reporting mechanism that allows a subcontractor or
potential subcontractor to report fraudulent activity
or bad faith by a contractor with respect to a
subcontracting plan submitted pursuant to this
subsection.''.
(b) Additional Requirements.--
(1) Reporting requirements.--Not later than 1 year
after the date of the enactment of this part, the
Administrator of the Small Business Administration
shall take such actions as are necessary to ensure that
the electronic subcontracting reporting system
established by the Administration to carry out the
requirement of section 8(d)(6)(E) of the Small Business
Act is modified to ensure that it can identify entities
that fail to submit required reports.
(2) Annual report.--Not later than March 31 of each
year, the Administrator of the Small Business
Administration shall provide the Committee on Small
Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report, based on data available through
existing systems, that sets forth, by agency (and to
the extent practicable, by type of goal or plan), the
following information:
(A) the percentage of entities required to
submit reports pursuant to section 8(d)(6) of
the Small Business Act that filed such reports
and that failed to file such reports during the
prior fiscal year;
(B) the percentage of entities filing such
reports that met, exceeded, or failed to meet
goals set forth in their subcontracting plans
during the prior fiscal year; and
(C) the aggregate value by which such
entities exceeded, or failed to meet, their
subcontracting goals during the prior fiscal
year.
SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNITIES.
Section 8(k)(1) of the Small Business Act (15 U.S.C.
637(k)(1)) is amended by striking ``in the Commerce Business
Daily'' and inserting ``on the appropriate Federal Web site (as
determined by the Administrator)''.
SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS.
Not later than 270 days after the date of the enactment of
this part, the Director of the Office of Management and Budget
shall publish procedures and methodologies to be used by
Federal agencies with respect to decisions to convert a
function being performed by a small business concern to
performance by a Federal employee, including procedures and
methodologies for determining which contracts will be studied
for potential conversion; procedures and methodologies by which
a contract is evaluated as inherently governmental or as a
critical agency function; and procedures and methodologies for
estimating and comparing costs. Should a Federal agency develop
any agency-specific methodologies for identifying critical
agency functions or supplemental implementation guidance, such
methodologies and guidance shall be published upon
implementation.
PART V--SMALL BUSINESS CONCERN SIZE STANDARDS
SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS.
Section 3 of the Small Business Act (15 U.S.C. 632) is
amended--
(1) by striking ``Sec. 3.'' and inserting the
following:
``SEC. 3. DEFINITIONS.'';
and
(2) in subsection (a)--
(A) by striking the subsection enumerator
and inserting the following:
``(a) Small Business Concerns.--'';
(B) in paragraph (1), by striking ``(1) For
the purposes'' and inserting the following:
``(1) In general.--For the purposes'';
(C) in paragraph (3), by striking ``(3)
When establishing'' and inserting the
following:
``(3) Variation by industry and consideration of
other factors.--When establishing'';
(D) by moving paragraph (5), including each
subparagraph and clause therein, 2 ems to the
right; and
(E) by adding at the end the following:
``(6) Proposed rulemaking.--In conducting
rulemaking to revise, modify or establish size
standards pursuant to this section, the Administrator
shall consider, and address, and make publicly
available as part of the notice of proposed rulemaking
and notice of final rule each of the following:
``(A) a detailed description of the
industry for which the new size standard is
proposed;
``(B) an analysis of the competitive
environment for that industry;
``(C) the approach the Administrator used
to develop the proposed standard including the
source of all data used to develop the proposed
rule making; and
``(D) the anticipated effect of the
proposed rulemaking on the industry, including
the number of concerns not currently considered
small that would be considered small under the
proposed rule making and the number of concerns
currently considered small that would be deemed
other than small under the proposed rulemaking.
``(7) Common size standards.--In carrying out this
subsection, the Administrator may establish or approve
a single size standard for a grouping of 4-digit North
American Industry Classification System codes only if
the Administrator makes publicly available, not later
than the date on which such size standard is
established or approved, a justification demonstrating
that such size standard is appropriate for each
individual industry classification included in the
grouping.
``(8) Number of size standards.--The Administrator
shall not limit the number of size standards
established pursuant to paragraph (2), and shall assign
the appropriate size standard to each North American
Industry Classification System Code.''.
PART VI--CONTRACT BUNDLING
SEC. 1671. CONTRACT BUNDLING.
(a) Construction Contracts.--Section 44 of the Small
Business Act (15 U.S.C. 657q) is amended in subsection (a)(2)
by striking ``or a multiple award contract to satisfy 2 or more
requirements of the Federal agency for goods or services that
have been provided to or performed for the Federal agency under
2 or more separate contracts lower in cost than the total cost
of the contract for which the offers are solicited; and'' and
inserting the following: ``or a multiple award contract--
``(A) to satisfy 2 or more requirements of
the Federal agency for goods or services that
have been provided to or performed for the
Federal agency under 2 or more separate
contracts lower in cost than the total cost of
the contract for which the offers are
solicited; or
``(B) to satisfy requirements of the
Federal agency for construction projects to be
performed at 2 or more discrete sites; and''.
(b) Clarification of Certain Requirements.--Section 44 of
such Act is further amended in subsection (c)(1)(E), by
striking ``certifies to the head of the Federal agency'' and
inserting ``ensures''.
(c) Repeal of Superseded Law and Conforming Change.--
(1) Consolidation of contract requirements: policy
and restrictions.--Section 2382 of title 10, United
States Code is repealed. The table of sections for
chapter 141 of such title is amended by striking the
item relating to section 2382.
(2) Consolidation of contract requirements;
department of defense.--Section 44 of the Small
Business Act, as amended by subsections (a) and (b) of
this section, is further amended in subsection (c) by
striking paragraph (4).
(d) Comptroller General Review.--Not later than 270 days
after the date of the enactment of this subsection, the
Comptroller General of the United States shall review data and
information regarding consolidated contracts awarded by Federal
agencies. The review shall include an assessment of--
(1) the extent to which written determinations that
the consolidation of contract requirements was
necessary and justified meet the requirements of
applicable provisions of law and regulation;
(2) the amount of savings and benefits realized
pursuant to such contracts, in comparison with--
(A) the performance of similar requirements
under previous contracts; and
(B) the savings and benefits anticipated by
the analysis required prior to the contract
award pursuant to applicable provisions of law
and regulation;
(3) the extent to which the consolidation of
contract requirements was consistent with the
contracting agency's small business subcontracting
plans; and
(4) the adequacy of data collected pursuant to
section 15 of the Small Business Act relating to
contract bundling.
PART VII--INCREASED PENALTIES FOR FRAUD
SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE EFFORTS.
(a) Small Business Fraud.--Section 16(d) of the Small
Business Act (15 U.S.C. 645(d)) is amended by inserting after
paragraph (2) the following:
``(3) Limitation on liability.--This subsection
shall not apply to any conduct in violation of
subsection (a) if the defendant acted in good faith
reliance on a written advisory opinion from a Small
Business Development Center (as defined in this Act),
or an entity participating in the Procurement Technical
Assistance Cooperative Agreement Program defined in
chapter 142 of title 10, United States Code; however
nothing in this Act shall obligate either entity to
provide such a letter nor shall the provision of such a
letter in any way render the providing entity liable to
the business concern should the Administrator later
determine that the concern is not a small business
concern. Upon issuance of an advisory opinion under
this paragraph, the entity issuing the advisory opinion
shall remit a copy of the opinion to the General
Counsel of the Administration, who may reject the
advisory opinion. If the General Counsel of the
Administration rejects the advisory opinion, the
Administration shall notify the entity issuing the
advisory opinion and the recipient of the opinion,
after which time the business concern may not rely upon
the opinion.''.
(b) Regulations.--Not later than 270 days after the date of
enactment of this part, the Administrator of the Small Business
Administration shall issue rules defining what constitutes an
adequate advisory opinion for purposes of section 16(d)(3) of
the Small Business Act.
(c) Small Business Compliance Guide.--Not later than 270
days after the date of enactment of this part, the
Administrator of the Small Business Administration shall issue
(pursuant to section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996) a compliance guide to assist
business concerns in accurately determining their status as a
small business concern.
SEC. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES BE SUSPENDED OR
DEBARRED.
(a) In General.--Section 16(d)(2)(C) of the Small Business
Act (15 U.S.C. 645(d)(2)(C)) is amended by striking ``on the
basis that such misrepresentation indicates a lack of business
integrity that seriously and directly affects the present
responsibility to perform any contract awarded by the Federal
Government or a subcontract under such a contract''.
(b) Development and Promulgation of Guidance.--Not later
than 270 days after the date of enactment of this part, the
Administrator of the Small Business Administration shall
develop and promulgate guidance implementing this section.
(c) Publication of Procedures Regarding Suspension and
Debarment.--Not later than 270 days after the date of enactment
of this part, the Administrator shall publish and maintain on
the Administration's Web site the current standard operating
procedures of the Administration for suspension and debarment,
and the name and contact information for the individual
designated by the Administrator as the senior individual
responsible for suspension and debarment proceedings.
SEC. 1683. ANNUAL REPORT ON SUSPENSIONS AND DEBARMENTS PROPOSED BY
SMALL BUSINESS ADMINISTRATION.
(a) Report Requirement.--The Administrator of the Small
Business Administration shall submit each year to the Committee
on Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives a
report on the suspension and debarment actions taken by the
Administrator during the year preceding the year of submission
of the report.
(b) Matters Covered.--The report required by subsection (a)
shall include the following information for the year covered by
the report:
(1) Number.--The number of contractors proposed for
suspension or debarment.
(2) Source.--The office within a Federal agency
that originated each proposal for suspension or
debarment.
(3) Reasons.--The reason for each proposal for
suspension or debarment.
(4) Results.--The result of each proposal for
suspension or debarment, and the reason for such
result.
(5) Referrals.--The number of suspensions or
debarments referred to the Inspector General of the
Small Business Administration or another agency, or to
the Attorney General (for purposes of this paragraph,
the Administrator may redact identifying information on
names of companies or other information in order to
protect the integrity of any ongoing criminal or civil
investigation).
PART VIII--OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS
SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
(a) Appointment and Position of Director.--Section 15(k)(2)
of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by
striking ``such agency,'' and inserting ``such agency to a
position that is a Senior Executive Service position (as such
term is defined under section 3132(a) of title 5, United States
Code), except that, for any agency in which the positions of
Chief Acquisition Officer and senior procurement executive (as
such terms are defined under section 44(a) of this Act) are not
Senior Executive Service positions, the Director of Small and
Disadvantaged Business Utilization may be appointed to a
position compensated at not less than the minimum rate of basic
pay payable for grade GS-15 of the General Schedule under
section 5332 of such title (including comparability payments
under section 5304 of such title);''.
(b) Performance Appraisals.--Section 15(k)(3) of such Act
(15 U.S.C. 644(k)(3)) is amended--
(1) by striking ``be responsible only to, and
report directly to, the head'' and inserting ``shall be
responsible only to (including with respect to
performance appraisals), and report directly and
exclusively to, the head''; and
(2) by striking ``be responsible only to, and
report directly to, such Secretary'' and inserting ``be
responsible only to (including with respect to
performance appraisals), and report directly and
exclusively to, such Secretary''.
(c) Additional Requirements.--Section 15(k) of such Act (15
U.S.C. 644(k)) is amended by inserting after paragraph (10) the
following:
``(11) shall review and advise such agency on any
decision to convert an activity performed by a small
business concern to an activity performed by a Federal
employee;
``(12) shall provide to the Chief Acquisition
Officer and senior procurement executive of such agency
advice and comments on acquisition strategies, market
research, and justifications related to section 44 of
this Act;
``(13) may provide training to small business
concerns and contract specialists, except that such
training may only be provided to the extent that the
training does not interfere with the Director carrying
out other responsibilities under this subsection;
``(14) shall receive unsolicited proposals and,
when appropriate, forward such proposals to personnel
of the activity responsible for reviewing such
proposals;
``(15) shall carry out exclusively the duties
enumerated in this Act, and shall, while the Director,
not hold any other title, position, or responsibility,
except as necessary to carry out responsibilities under
this subsection; and
``(16) shall submit, each fiscal year, to the
Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing--
``(A) the training provided by the Director
under paragraph (13) in the most recently
completed fiscal year;
``(B) the percentage of the budget of the
Director used for such training in the most
recently completed fiscal year; and
``(C) the percentage of the budget of the
Director used for travel in the most recently
completed fiscal year.''.
(d) Requirement of Acquisition Experience for OSDBU
Director.--Section 15(k) of the Small Business Act (15 U.S.C.
644(k)), as amended by this part, is further amended, in the
matter preceding paragraph (1), by striking ``who shall'' and
inserting the following: ``, with experience serving in any
combination of the following roles: program manager, deputy
program manager, or assistant program manager for Federal
acquisition program; chief engineer, systems engineer,
assistant engineer, or product support manager for Federal
acquisition program; Federal contracting officer; small
business technical advisor; contracts administrator for Federal
Government contracts; attorney specializing in Federal
procurement law; small business liaison officer; officer or
employee who managed Federal Government contracts for a small
business; or individual whose primary responsibilities were for
the functions and duties of section 8, 15 or 44 of this Act.
Such officer or employee''.
(e) Technical Amendments.--Section 15(k) of such Act (15
U.S.C. 644(k)), as amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``be known'' and inserting
``shall be known''; and
(B) by striking ``such agency,'' and
inserting ``such agency;'';
(2) in paragraph (2) by striking ``be appointed
by'' and inserting ``shall be appointed by'';
(3) in paragraph (3)--
(A) by striking ``director'' and inserting
``Director''; and
(B) by striking ``Secretary's designee,''
and inserting ``Secretary's designee;'';
(4) in paragraph (4)--
(A) by striking ``be responsible'' and
inserting ``shall be responsible''; and
(B) by striking ``such agency,'' and
inserting ``such agency;'';
(5) in paragraph (5) by striking ``identify
proposed'' and inserting ``shall identify proposed'';
(6) in paragraph (6) by striking ``assist small''
and inserting ``shall assist small'';
(7) in paragraph (7)--
(A) by striking ``have supervisory'' and
inserting ``shall have supervisory''; and
(B) by striking ``this Act,'' and inserting
``this Act;'';
(8) in paragraph (8)--
(A) in the matter preceding subparagraph
(A), by striking ``assign a'' and inserting
``shall assign a''; and
(B) in subparagraph (A), by striking ``the
activity, and'' and inserting ``the activity;
and'';
(9) in paragraph (9)--
(A) by striking ``cooperate, and'' and
inserting ``shall cooperate, and''; and
(B) by striking ``subsection, and'' and
inserting ``subsection;''; and
(10) in paragraph (10)--
(A) by striking ``make recommendations''
and inserting ``shall make recommendations'';
(B) by striking ``subsection (a), or
section'' and inserting ``subsection (a),
section'';
(C) by striking ``Act or section 2323'' and
inserting ``Act, or section 2323'';
(D) by striking ``Code. Such
recommendations shall'' and inserting ``Code,
which shall''; and
(E) by striking ``contract file.'' and
inserting ``contract file;''.
SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Duties.--Section 7104(b) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
(1) in paragraph (1) by striking ``and'' at the
end;
(2) in paragraph (2) by striking ``authorities.''
and inserting ``authorities;''; and
(3) by adding at the end the following:
``(3) to conduct reviews of each Office of Small
and Disadvantaged Business Utilization established
under section 15(k) of the Small Business Act (15
U.S.C. 644(k)) to determine the compliance of each
Office with requirements under such section;
``(4) to identify best practices for maximizing
small business utilization in Federal contracting that
may be implemented by Federal agencies having
procurement powers; and
``(5) to submit, annually, to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report describing--
``(A) the comments submitted under
paragraph (2) during the 1-year period ending
on the date on which the report is submitted,
including any outcomes related to the comments;
``(B) the results of reviews conducted
under paragraph (3) during such 1-year period;
and
``(C) best practices identified under
paragraph (4) during such 1-year period.''.
(b) Membership.--Section 7104(c)(3) of such Act (15 U.S.C.
644 note) is amended by striking ``(established under section
15(k) of the Small Business Act (15 U.S.C. 644(k))''.
(c) Chairman.--Section 7104(d) of such Act (15 U.S.C. 644
note) is amended by inserting after ``Small Business
Administration'' the following: ``(or the designee of the
Administrator)''.
PART IX--OTHER MATTERS
SEC. 1695. SURETY BONDS.
(a) Maximum Bond Amount.--Section 411(a)(1) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``does not exceed'' and all that
follows through the period at the end, and inserting
``does not exceed $6,500,000, as adjusted for inflation
in accordance with section 1908 of title 41, United
States Code.''; and
(3) by adding at the end the following:
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract amount that
does not exceed $10,000,000, if a contracting officer of a
Federal agency certifies that such a guarantee is necessary.''.
(b) Denial of Liability.--Section 411 of the Small Business
Investment Act of 1958 (15 U.S.C. 694b) is amended--
(1) by striking subsection (e) and inserting the
following:
``(e) Reimbursement of Surety; Conditions.--Pursuant to any
such guarantee or agreement, the Administration shall reimburse
the surety, as provided in subsection (c) of this section,
except that the Administration shall be relieved of liability
(in whole or in part within the discretion of the
Administration) if--
``(1) the surety obtained such guarantee or
agreement, or applied for such reimbursement, by fraud
or material misrepresentation,
``(2) the total contract amount at the time of
execution of the bond or bonds exceeds $6,500,000,
``(3) the surety has breached a material term or
condition of such guarantee agreement, or
``(4) the surety has substantially violated the
regulations promulgated by the Administration pursuant
to subsection (d).''; and
(2) by inserting after subsection (i) the
following:
``(j) For bonds made or executed with the prior approval of
the Administration, the Administration shall not deny liability
to a surety based upon material information that was provided
as part of the guarantee application.''.
(c) Size Standards.--Section 410 of the Small Business
Investment Act of 1958 (15 U.S.C. 694a) is amended by inserting
after paragraph (8) the following:
``(9) Notwithstanding any other provision of law or any
rule, regulation, or order of the Administration, for purpose
of sections 410, 411, and 412 the term `small business concern'
means a business concern that meets the size standard for the
primary industry in which such business concern, and the
affiliates of such business concern, is engaged, as determined
by the Administrator in accordance with the North American
Industry Classification System.''.
SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF REDUNDANT PROVISIONS;
REGULATIONS.
(a) Technical Amendments.--Section 15 of the Small Business
Act (15 U.S.C. 644) is amended--
(1) in the heading of subsection (p), to read as
follows: ``Access to Data.--''; and
(2) in the heading of subsection (q), to read as
follows: ``Reports Related to Procurement Center
Representatives.--''.
(b) Conforming Amendments Pertaining to Limitations on
Subcontracting.--
(1) Hubzones.--Section 3(p)(5) of the Small
Business Act (15 U.S.C. 632(p)(5)) is amended--
(A) in subparagraph (A)(i) by striking
subclause (III) and inserting the following:
``(III) with respect to any
subcontract entered into by the
small business concern pursuant
to a contract awarded to the
small business concern under
section 31, the small business
concern will ensure that the
requirements of section 46 are
satisfied; and'';
(B) by striking subparagraphs (B) and (C);
and
(C) by redesignating subparagraph (D) as
subparagraph (B).
(2) Entities eligible for contracts under section
8(a).--Section 8(a) of such Act (15 U.S.C. 637(a)) is
amended by striking paragraph (14) and inserting the
following:
``(14) Limitations on subcontracting.--A concern
may not be awarded a contract under this subsection as
a small business concern unless the concern agrees to
satisfy the requirements of section 46.''.
(3) Small business concerns.--Section 15 of such
Act (15 U.S.C. 644) is amended by striking subsection
(o) and inserting the following:
``(o) Limitations on Subcontracting.--A concern may not be
awarded a contract under subsection (a) as a small business
concern unless the concern agrees to satisfy the requirements
of section 46.''.
(c) Regulations.--Not later than 180 days after the date of
enactment of this part, the Administrator of the Small Business
Administration shall issue guidance with respect to the changes
made to the Small Business Act by the amendments in this
subtitle, with opportunities for notice and comment.
SEC. 1697. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY WOMEN.
(a) Procurement Program for Women-owned Small Business
Concerns.--Section 8(m)(2) of the Small Business Act (15 U.S.C.
637(m)(2)) is amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
(b) Study and Report on Representation of Women.--Section
29 of the Small Business Act (15 U.S.C. 656) is amended by
adding at the end the following:
``(o) Study and Report on Representation of Women.--
``(1) Study.--The Administrator shall periodically
conduct a study to identify industries, as defined
under the North American Industry Classification
System, underrepresented by small business concerns
owned and controlled by women.
``(2) Report.--Not later than 5 years after the
date of enactment of this subsection, and every 5 years
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the results of each
study under paragraph (1) conducted during the 5-year
period ending on the date of the report.''.
SEC. 1698. SMALL BUSINESS HUBZONES.
(a) Definition.--In this section, the term ``covered base
closure area'' means a base closure area that, on or before the
date of enactment of this Act, was treated as a HUBZone for
purposes of the Small Business Act (15 U.S.C. 631 et seq.)
pursuant to section 152(a)(2) of the Small Business
Reauthorization and Manufacturing Assistance Act of 2004 (15
U.S.C. 632 note).
(b) Treatment as HUBZone.--
(1) In general.--Subject to paragraph (2), a
covered base closure area shall be treated as a HUBZone
for purposes of the Small Business Act (15 U.S.C. 631
et seq.) during the 5-year period beginning on the date
of enactment of this Act.
(2) Limitation.--The total period of time that a
covered base closure area is treated as a HUBZone for
purposes of the Small Business Act (15 U.S.C. 631 et
seq.) pursuant to this section and section 152(a)(2) of
the Small Business Reauthorization and Manufacturing
Assistance Act of 2004 (15 U.S.C. 632 note) may not
exceed 5 years.
SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.
(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by striking section 33 (15 U.S.C. 657c).
(b) Corporation.--On and after the date of enactment of
this Act, the National Veterans Business Development
Corporation and any successor thereto may not represent that
the corporation is federally chartered or in any other manner
authorized by the Federal Government.
(c) Technical and Conforming Amendments.--
(1) Title 10.--Section 1142(b)(13) of title 10,
United States Code, is amended by striking ``and the
National Veterans Business Development Corporation''.
(2) Title 38.--Section 3452(h) of title 38, United
States Code, is amended by striking ``any of the'' and
all that follows and inserting ``any small business
development center described in section 21 of the Small
Business Act (15 U.S.C. 648), insofar as such center
offers, sponsors, or cosponsors an entrepreneurship
course, as that term is defined in section
3675(c)(2).''.
(3) Veterans entrepreneurship and small business
development act of 1999.--Section 203(c)(5) of the
Veterans Entrepreneurship and Small Business
Development Act of 1999 (15 U.S.C. 657b note) is
amended by striking ``In cooperation with the National
Veterans Business Development Corporation, develop''
and inserting ``Develop''.
SEC. 1699A. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.
Section 1207(a)(5) of the Small Business Jobs Act of 2010
(15 U.S.C. 649b note) is amended by inserting after ``Guam,''
the following: ``the Commonwealth of the Northern Mariana
Islands,''.
TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING
Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1705. Notification to inspectors general and cooperation with
Government.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting
to include attempted fraud and work outside the United States.
Sec. 1707. Improving Department of Defense accountability for reporting
trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.
SEC. 1701. DEFINITIONS.
In this title:
(1) Executive agency.--The term ``executive
agency'' has the meaning given the term in section 133
of title 41, United States Code.
(2) Subcontractor.--The term ``subcontractor''
means a recipient of a contract at any tier under a
grant, contract, or cooperative agreement.
(3) Subgrantee.--The term ``subgrantee'' means a
recipient of a grant at any tier under a grant or
cooperative agreement.
(4) United states.--The term ``United States'' has
the meaning provided in section 103(12) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(12)).
SEC. 1702. CONTRACTING REQUIREMENTS.
Section 106(g) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7104(g)) is amended by striking ``without
penalty'' and all that follows through the period at the end
and inserting the following: ``or take any of the other
remedial actions authorized under section 1704(c) of the
National Defense Authorization Act for Fiscal Year 2013,
without penalty, if the grantee or any subgrantee, or the
contractor or any subcontractor, engages in, or uses labor
recruiters, brokers, or other agents who engage in--
``(i) severe forms of trafficking
in persons;
``(ii) the procurement of a
commercial sex act during the period of
time that the grant, contract, or
cooperative agreement is in effect;
``(iii) the use of forced labor in
the performance of the grant, contract,
or cooperative agreement; or
``(iv) acts that directly support
or advance trafficking in persons,
including the following acts:
``(I) Destroying,
concealing, removing,
confiscating, or otherwise
denying an employee access to
that employee's identity or
immigration documents.
``(II) Failing to provide
return transportation or pay
for return transportation costs
to an employee from a country
outside the United States to
the country from which the
employee was recruited upon the
end of employment if requested
by the employee, unless--
``(aa) exempted
from the requirement to
provide or pay for such
return transportation
by the Federal
department or agency
providing or entering
into the grant,
contract, or
cooperative agreement;
or
``(bb) the employee
is a victim of human
trafficking seeking
victim services or
legal redress in the
country of employment
or a witness in a human
trafficking enforcement
action.
``(III) Soliciting a person
for the purpose of employment,
or offering employment, by
means of materially false or
fraudulent pretenses,
representations, or promises
regarding that employment.
``(IV) Charging recruited
employees unreasonable
placement or recruitment fees,
such as fees equal to or
greater than the employee's
monthly salary, or recruitment
fees that violate the laws of
the country from which an
employee is recruited.
``(V) Providing or
arranging housing that fails to
meet the host country housing
and safety standards.''.
SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.
(a) Requirement.--The head of an executive agency may not
provide or enter into a grant, contract, or cooperative
agreement if the estimated value of the services required to be
performed under the grant, contract, or cooperative agreement
outside the United States exceeds $500,000, unless a duly
designated representative of the recipient of such grant,
contract, or cooperative agreement certifies to the contracting
or grant officer prior to receiving an award and on an annual
basis thereafter, after having conducted due diligence, that--
(1) the recipient has implemented a plan to prevent
the activities described in section 106(g) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g)), as amended by section 1702, and is in
compliance with that plan;
(2) the recipient has implemented procedures to
prevent any activities described in such section 106(g)
and to monitor, detect, and terminate any
subcontractor, subgrantee, or employee of the recipient
engaging in any activities described in such section;
and
(3) to the best of the representative's knowledge,
neither the recipient, nor any subcontractor or
subgrantee of the recipient or any agent of the
recipient or of such a subcontractor or subgrantee, is
engaged in any of the activities described in such
section.
(b) Limitation.--Any plan or procedures implemented
pursuant to subsection (a) shall be appropriate to the size and
complexity of the grant, contract, or cooperative agreement and
to the nature and scope of its activities, including the number
of non-United States citizens expected to be employed.
(c) Disclosure.--The recipient shall provide a copy of the
plan to the contracting or grant officer upon request, and as
appropriate, shall post the useful and relevant contents of the
plan or related materials on its website and at the workplace.
(d) Guidance.--The President, in consultation with the
Secretary of State, the Attorney General, the Secretary of
Defense, the Secretary of Labor, the Secretary of Homeland
Security, the Administrator for the United States Agency for
International Development, and the heads of such other
executive agencies as the President deems appropriate, shall
establish minimum requirements for contractor plans and
procedures to be implemented pursuant to this section.
SEC. 1704. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.
(a) Referral and Investigation.--
(1) Referral.--If the contracting or grant officer
of an executive agency for a grant, contract, or
cooperative agreement receives credible information
that a recipient of the grant, contract, or cooperative
agreement; any subgrantee or subcontractor of the
recipient; or any agent of the recipient or of such a
subgrantee or subcontractor, has engaged in an activity
described in section 106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(g)), as amended
by section 1702, including a report from a contracting
officer representative, an auditor, an alleged victim
or victim's representative, or any other credible
source, the contracting or grant officer shall promptly
refer the matter to the agency's Office of Inspector
General for investigation. The contracting officer may
also direct the contractor to take specific steps to
abate an alleged violation or enforce the requirements
of a compliance plan implemented pursuant to section
1703.
(2) Investigation.--An Inspector General who
receives a referral under paragraph (1) or otherwise
receives credible information that a recipient of the
grant, contract, or cooperative agreement; any
subgrantee or subcontractor of the recipient; or any
agent of the recipient or of such a subgrantee or
subcontractor, has engaged in an activity described in
section 106(g) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104(g)), as amended by section
1702, shall promptly review the referral or information
and determine whether to initiate an investigation of
the matter. In the event that an Inspector General does
not initiate an investigation, the Inspector General
shall document the rationale for the decision not to
investigate.
(3) Criminal investigation.--If the matter is
referred to the Department of Justice for criminal
prosecution, the Inspector General may suspend any
investigation under this subsection pending the outcome
of the criminal prosecution. The Inspector General
shall notify the head of the executive agency that
awarded the contract, grant, or cooperative agreement
of an indictment, information, or criminal complaint
against the recipient of a contract, grant, or
cooperative agreement; any subgrantee or subcontractor
of the recipient; or any agent of the recipient or of a
subgrantee or subcontractor. If the criminal
investigation results in a decision not to prosecute,
the Inspector General shall promptly determine whether
to resume any investigation that was suspended pursuant
to this paragraph. In the event that an Inspector
General does not resume an investigation, the Inspector
General shall document the rationale for the decision.
(b) Report.--Upon completion of an investigation under
subsection (a), the Inspector General shall submit a report on
the investigation to the head of the executive agency that
awarded the contract, grant, or cooperative agreement. The
report shall include the Inspector General's conclusions
regarding whether or not any allegations that the recipient of
a grant, contract, or cooperative agreement; any subcontractor
or subgrantee of the recipient; or any agent of the recipient
or of such a subcontractor or subgrantee, engaged in any of the
activities described in section 106(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended
by section 1702, are substantiated.
(c) Remedial Actions.--
(1) In general.--Upon receipt of an Inspector
General's report substantiating an allegation that the
recipient of a contract, grant, or cooperative
agreement; any subgrantee or subcontractor of the
recipient; or any agent of the recipient or of a
subgrantee or subcontractor, engaged in any of the
activities described in section 106(g) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g)), as amended by section 1702, or notification
of an indictment, information, or criminal complaint
for an offense under subsection (a)(3), the head of
agency shall consider taking one or more of the
following remedial actions:
(A) Requiring the recipient to remove an
employee from the performance of work under the
grant, contract, or cooperative agreement.
(B) Requiring the recipient to terminate a
subcontract or subgrant.
(C) Suspending payments under the grant,
contract, or cooperative agreement until such
time as the recipient of the grant, contract,
or cooperative agreement has taken appropriate
remedial action.
(D) Withholding award fees, consistent with
the award fee plan, for the performance period
in which the agency determined the contractor
or subcontractor engaged in any of the
activities described in such section 106(g).
(E) Declining to exercise available options
under the contract.
(F) Terminating the contract for default or
cause, in accordance with the termination
clause for the contract.
(G) Referring the matter to the agency
suspension and debarment official.
(2) Savings clause.--Nothing in this subsection
shall be construed as limiting the scope of applicable
remedies available to the Federal Government.
(3) Mitigating factor.--Where applicable, the head
of an executive agency may consider whether the
contractor or grantee had a plan in place under section
1703, and was in compliance with that plan at the time
of the violation, as a mitigating factor in determining
which remedies, if any, should apply.
(4) Aggravating factor.--Where applicable, the head
of an executive agency may consider the failure of a
contractor or grantee to abate an alleged violation or
enforce the requirements of a compliance plan when
directed by a contracting officer pursuant to
subsection (a)(1) as an aggravating factor in
determining which remedies, if any, should apply.
(d) Inclusion of Report Conclusions in FAPIIS.--
(1) In general.--The head of an executive agency
shall ensure that any substantiated allegation in the
report under subsection (b) is included in the Federal
Awardee Performance and Integrity Information System
(FAPIIS) and that the contractor has an opportunity to
respond to any such report in accordance with
applicable statutes and regulations.
(2) Amendment to title 41, united states code.--
Section 2313(c)(1)(E) of title 41, United States Code,
is amended to read as follows:
``(E) In an administrative proceeding--
``(i) a final determination of
contractor fault by the Secretary of
Defense pursuant to section 823(d) of
the National Defense Authorization Act
for Fiscal Year 2010 (10 U.S.C. 2302
note; Public Law 111-84); or
``(ii) a substantiated allegation,
pursuant to section 1704(b) of the
National Defense Authorization Act for
Fiscal Year 2013, that the contractor,
a subcontractor, or an agent of the
contractor or subcontractor engaged in
any of the activities described in
section 106(g) of the Trafficking
Victims Protection Act of 2000 (22
U.S.C. 7104(g)).''.
SEC. 1705. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH
GOVERNMENT.
The head of an executive agency making or awarding a grant,
contract, or cooperative agreement shall require that the
recipient of the grant, contract, or cooperative agreement--
(1) immediately inform the Inspector General of the
executive agency of any information it receives from
any source that alleges credible information that the
recipient; any subcontractor or subgrantee of the
recipient; or any agent of the recipient or of such a
subcontractor or subgrantee, has engaged in conduct
described in section 106(g) of the Trafficking in
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as
amended by section 1702 of this Act; and
(2) fully cooperate with any Federal agencies
responsible for audits, investigations, or corrective
actions relating to trafficking in persons.
SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOREIGN LABOR
CONTRACTING TO INCLUDE ATTEMPTED FRAUD AND WORK
OUTSIDE THE UNITED STATES.
(a) In General.--Section 1351 of title 18, United States
Code, is amended--
(1) by striking ``Whoever knowingly and with the
intent to defraud recruits, solicits or hires a person
outside the United States'' and inserting ``(a) Work
Inside the United States.--Whoever knowingly and with
intent to defraud recruits, solicits, or hires a person
outside the United States or causes another person to
recruit, solicit, or hire a person outside the United
States, or attempts to do so,''; and
(2) by adding at the end the following new
subsection:
``(b) Work Outside the United States.--Whoever knowingly
and with intent to defraud recruits, solicits, or hires a
person outside the United States or causes another person to
recruit, solicit, or hire a person outside the United States,
or attempts to do so, for purposes of employment performed on a
United States Government contract performed outside the United
States, or on a United States military installation or mission
outside the United States or other property or premises outside
the United States owned or controlled by the United States
Government, by means of materially false or fraudulent
pretenses, representations, or promises regarding that
employment, shall be fined under this title or imprisoned for
not more than 5 years, or both.''.
(b) Special Rule for Alien Victims.--No alien may be
admitted to the United States pursuant to subparagraph (U) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) as a result of the alien being a victim of
a crime described in subsection (b) of section 1351 of title
18, United States Code, as added by subsection (a).
SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING
TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.
Section 105(d)(7)(H) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv);
(3) by inserting after clause (ii) the following
new clause:
``(iii) all known trafficking in
persons cases reported to the Under
Secretary of Defense for Personnel and
Readiness;'';
(4) in clause (iv), as redesignated by paragraph
(2), by inserting ``and'' at the end after the
semicolon; and
(5) by adding at the end the following new clause:
``(v) all trafficking in persons
activities of contractors reported to
the Under Secretary of Defense for
Acquisition, Technology, and
Logistics;''.
SEC. 1708. RULES OF CONSTRUCTION; EFFECTIVE DATE.
(a) Liability.--Excluding section 1706, nothing in this
title shall be construed to supersede, enlarge, or diminish the
common law or statutory liabilities of any grantee, subgrantee,
contractor, subcontractor, or other party covered by section
106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)), as amended by section 1702.
(b) Authority of Department of Justice.--Nothing in this
title shall be construed as diminishing or otherwise modifying
the authority of the Attorney General to investigate activities
covered by this title.
(c) Implementation and Effective Dates.--
(1) Contracting requirements.--
(A) Not later than 270 days after the date
of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to
carry out the requirements of sections 1702,
1703, and 1704(c), and the second sentence of
section 1704(a)(1), of this title.
(B) The requirements of sections 1702,
1703, and 1704(c), and the second sentence of
section 1704(a)(1), of this title, shall apply
to grants, contracts, and cooperative
agreements entered into on or after the date
that is 270 days after the date of the
enactment of this Act, and to task and delivery
orders awarded on or after such date pursuant
to contracts entered before, on, or after such
date.
(2) Investigative and procedural requirements.--
Federal agencies shall implement the requirements of
sections 1704, 1705, and 1707 (other than subsection
(c) of section 1704) not later than 90 days after the
date of the enactment of this Act.
(3) Criminal law changes.--The amendments made by
section 1706 shall take effect upon the date of
enactment and shall apply to conduct taking place on or
after such date.
TITLE XVIII--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS
Subtitle A--Fire Grants Reauthorization
Sec. 1801. Short title.
Sec. 1802. Amendments to definitions.
Sec. 1803. Assistance to firefighters grants.
Sec. 1804. Staffing for adequate fire and emergency response.
Sec. 1805. Sense of Congress on value and funding of Assistance to
Firefighters and Staffing for Adequate Fire and Emergency
Response programs.
Sec. 1806. Report on amendments to Assistance to Firefighters and
Staffing for Adequate Fire and Emergency Response programs.
Sec. 1807. Studies and reports on the state of fire services.
Subtitle B--Reauthorization of United States Fire Administration
Sec. 1811. Short title.
Sec. 1812. Clarification of relationship between United States Fire
Administration and Federal Emergency Management Agency.
Sec. 1813. Modification of authority of Administrator to educate public
about fire and fire prevention.
Sec. 1814. Authorization of appropriations.
Sec. 1815. Removal of limitation.
Subtitle A--Fire Grants Reauthorization
SEC. 1801. SHORT TITLE.
This subtitle may be cited as the ``Fire Grants
Reauthorization Act of 2012''.
SEC. 1802. AMENDMENTS TO DEFINITIONS.
(a) In General.--Section 4 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by inserting ``, except as
otherwise provided,'' after ``means'';
(2) in paragraph (4), by striking ```Director'
means'' and all that follows through ``Agency;'' and
inserting ```Administrator of FEMA' means the
Administrator of the Federal Emergency Management
Agency;'';
(3) in paragraph (5)--
(A) by inserting ``Indian tribe,'' after
``county,''; and
(B) by striking ``and `firecontrol''' and
inserting ``and `fire control''';
(4) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively;
(5) by inserting after paragraph (5), the
following:
``(6) `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b) and `tribal'
means of or pertaining to an Indian tribe;'';
(6) by redesignating paragraphs (9) and (10), as
redesignated by paragraph (4), as paragraphs (10) and
(11);
(7) by inserting after paragraph (8), as
redesignated by paragraph (4), the following:
``(9) `Secretary' means, except as otherwise
provided, the Secretary of Homeland Security;''; and
(8) by amending paragraph (10), as redesignated by
paragraph (6), to read as follows:
``(10) `State' has the meaning given the term in
section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).''.
(b) Conforming Amendments.--
(1) Administrator of fema.--The Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.) is amended by striking ``Director'' each place it
appears and inserting ``Administrator of FEMA''.
(2) Administrator of fema's award.--Section 15 of
such Act (15 U.S.C. 2214) is amended by striking
``Director's Award'' each place it appears and
inserting ``Administrator's Award''.
SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.
Section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229) is amended to read as follows:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Administrator of fema.--The term
`Administrator of FEMA' means the Administrator of
FEMA, acting through the Administrator.
``(2) Available grant funds.--The term `available
grant funds', with respect to a fiscal year, means
those funds appropriated pursuant to the authorization
of appropriations in subsection (q)(1) for such fiscal
year less any funds used for administrative costs
pursuant to subsection (q)(2) in such fiscal year.
``(3) Career fire department.--The term `career
fire department' means a fire department that has an
all-paid force of firefighting personnel other than
paid-on-call firefighters.
``(4) Combination fire department.--The term
`combination fire department' means a fire department
that has--
``(A) paid firefighting personnel; and
``(B) volunteer firefighting personnel.
``(5) Firefighting personnel.--The term
`firefighting personnel' means individuals, including
volunteers, who are firefighters, officers of fire
departments, or emergency medical service personnel of
fire departments.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given
such term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
``(7) Nonaffiliated ems organization.--The term
`nonaffiliated EMS organization' means a public or
private nonprofit emergency medical services
organization that is not affiliated with a hospital and
does not serve a geographic area in which the
Administrator of FEMA finds that emergency medical
services are adequately provided by a fire department.
``(8) Paid-on-call.--The term `paid-on-call' with
respect to firefighting personnel means firefighting
personnel who are paid a stipend for each event to
which they respond.
``(9) Volunteer fire department.--The term
`volunteer fire department' means a fire department
that has an all-volunteer force of firefighting
personnel.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section,
the Administrator of FEMA may award--
``(A) assistance to firefighters grants
under subsection (c); and
``(B) fire prevention and safety grants and
other assistance under subsection (d).
``(2) Administrative assistance.--The Administrator
of FEMA shall--
``(A) establish specific criteria for the
selection of grant recipients under this
section; and
``(B) provide assistance with application
preparation to applicants for such grants.
``(c) Assistance to Firefighters Grants.--
``(1) In general.--The Administrator of FEMA may,
in consultation with the chief executives of the States
in which the recipients are located, award grants on a
competitive basis directly to--
``(A) fire departments, for the purpose of
protecting the health and safety of the public
and firefighting personnel throughout the
United States against fire, fire-related, and
other hazards;
``(B) nonaffiliated EMS organizations to
support the provision of emergency medical
services; and
``(C) State fire training academies for the
purposes described in subparagraphs (G), (H),
and (I) of paragraph (3).
``(2) Maximum grant amounts.--
``(A) Population.--The Administrator of
FEMA may not award a grant under this
subsection in excess of amounts as follows:
``(i) In the case of a recipient
that serves a jurisdiction with 100,000
people or fewer, the amount of the
grant awarded to such recipient shall
not exceed $1,000,000 in any fiscal
year.
``(ii) In the case of a recipient
that serves a jurisdiction with more
than 100,000 people but not more than
500,000 people, the amount of the grant
awarded to such recipient shall not
exceed $2,000,000 in any fiscal year.
``(iii) In the case of a recipient
that serves a jurisdiction with more
than 500,000 but not more than
1,000,000 people, the amount of the
grant awarded to such recipient shall
not exceed $3,000,000 in any fiscal
year.
``(iv) In the case of a recipient
that serves a jurisdiction with more
than 1,000,000 people but not more than
2,500,000 people, the amount of the
grant awarded to such recipient shall
not exceed $6,000,000 for any fiscal
year.
``(v) In the case of a recipient
that serves a jurisdiction with more
than 2,500,000 people, the amount of
the grant awarded to such recipient
shall not exceed $9,000,000 in any
fiscal year.
``(B) Aggregate.--
``(i) In general.--Notwithstanding
subparagraphs (A) and (B) and except as
provided under clause (ii), the
Administrator of FEMA may not award a
grant under this subsection in a fiscal
year in an amount that exceeds the
amount that is one percent of the
available grant funds in such fiscal
year.
``(ii) Exception.--The
Administrator of FEMA may waive the
limitation in clause (i) with respect
to a grant recipient if the
Administrator of FEMA determines that
such recipient has an extraordinary
need for a grant in an amount that
exceeds the limit under clause (i).
``(3) Use of grant funds.--Each entity receiving a
grant under this subsection shall use the grant for one
or more of the following purposes:
``(A) To train firefighting personnel in--
``(i) firefighting;
``(ii) emergency medical services
and other emergency response (including
response to natural disasters, acts of
terrorism, and other man-made
disasters);
``(iii) arson prevention and
detection;
``(iv) maritime firefighting; or
``(v) the handling of hazardous
materials.
``(B) To train firefighting personnel to
provide any of the training described under
subparagraph (A).
``(C) To fund the creation of rapid
intervention teams to protect firefighting
personnel at the scenes of fires and other
emergencies.
``(D) To certify--
``(i) fire inspectors; and
``(ii) building inspectors--
``(I) whose
responsibilities include fire
safety inspections; and
``(II) who are employed by
or serving as volunteers with a
fire department.
``(E) To establish wellness and fitness
programs for firefighting personnel to ensure
that the firefighting personnel are able to
carry out their duties as firefighters,
including programs dedicated to raising
awareness of, and prevention of, job-related
mental health issues.
``(F) To fund emergency medical services
provided by fire departments and nonaffiliated
EMS organizations.
``(G) To acquire additional firefighting
vehicles, including fire trucks and other
apparatus.
``(H) To acquire additional firefighting
equipment, including equipment for--
``(i) fighting fires with foam in
remote areas without access to water;
and
``(ii) communications, monitoring,
and response to a natural disaster, act
of terrorism, or other man-made
disaster, including the use of a weapon
of mass destruction.
``(I) To acquire personal protective
equipment, including personal protective
equipment--
``(i) prescribed for firefighting
personnel by the Occupational Safety
and Health Administration of the
Department of Labor; or
``(ii) for responding to a natural
disaster or act of terrorism or other
man-made disaster, including the use of
a weapon of mass destruction.
``(J) To modify fire stations, fire
training facilities, and other facilities to
protect the health and safety of firefighting
personnel.
``(K) To educate the public about arson
prevention and detection.
``(L) To provide incentives for the
recruitment and retention of volunteer
firefighting personnel for volunteer
firefighting departments and other firefighting
departments that utilize volunteers.
``(M) To support such other activities,
consistent with the purposes of this
subsection, as the Administrator of FEMA
determines appropriate.
``(d) Fire Prevention and Safety Grants.--
``(1) In general.--For the purpose of assisting
fire prevention programs and supporting firefighter
health and safety research and development, the
Administrator of FEMA may, on a competitive basis--
``(A) award grants to fire departments;
``(B) award grants to, or enter into
contracts or cooperative agreements with,
national, State, local, tribal, or nonprofit
organizations that are not fire departments and
that are recognized for their experience and
expertise with respect to fire prevention or
fire safety programs and activities and
firefighter research and development programs,
for the purpose of carrying out--
``(i) fire prevention programs; and
``(ii) research to improve
firefighter health and life safety; and
``(C) award grants to institutions of
higher education, national fire service
organizations, or national fire safety
organizations to establish and operate fire
safety research centers.
``(2) Maximum grant amount.--A grant awarded under
this subsection may not exceed $1,500,000 for a fiscal
year.
``(3) Use of grant funds.--Each entity receiving a
grant under this subsection shall use the grant for one
or more of the following purposes:
``(A) To enforce fire codes and promote
compliance with fire safety standards.
``(B) To fund fire prevention programs,
including programs that educate the public
about arson prevention and detection.
``(C) To fund wildland fire prevention
programs, including education, awareness, and
mitigation programs that protect lives,
property, and natural resources from fire in
the wildland-urban interface.
``(D) In the case of a grant awarded under
paragraph (1)(C), to fund the establishment or
operation of a fire safety research center for
the purpose of significantly reducing the
number of fire-related deaths and injuries
among firefighters and the general public
through research, development, and technology
transfer activities.
``(E) To support such other activities,
consistent with the purposes of this
subsection, as the Administrator of FEMA
determines appropriate.
``(4) Limitation.--None of the funds made available
under this subsection may be provided to the
Association of Community Organizations for Reform Now
(ACORN) or any of its affiliates, subsidiaries, or
allied organizations.
``(e) Applications for Grants.--
``(1) In general.--An entity seeking a grant under
this section shall submit to the Administrator of FEMA
an application therefor in such form and in such manner
as the Administrator of FEMA determines appropriate.
``(2) Elements.--Each application submitted under
paragraph (1) shall include the following:
``(A) A description of the financial need
of the applicant for the grant.
``(B) An analysis of the costs and
benefits, with respect to public safety, of the
use for which a grant is requested.
``(C) An agreement to provide information
to the national fire incident reporting system
for the period covered by the grant.
``(D) A list of other sources of funding
received by the applicant--
``(i) for the same purpose for
which the application for a grant under
this section was submitted; or
``(ii) from the Federal Government
for other fire-related purposes.
``(E) Such other information as the
Administrator of FEMA determines appropriate.
``(3) Joint or regional applications.--
``(A) In general.--Two or more entities may
submit an application under paragraph (1) for a
grant under this section to fund a joint
program or initiative, including acquisition of
shared equipment or vehicles.
``(B) Nonexclusivity.--Applications under
this paragraph may be submitted instead of or
in addition to any other application submitted
under paragraph (1).
``(C) Guidance.--The Administrator of FEMA
shall--
``(i) publish guidance on applying
for and administering grants awarded
for joint programs and initiatives
described in subparagraph (A); and
``(ii) encourage applicants to
apply for grants for joint programs and
initiatives described in subparagraph
(A) as the Administrator of FEMA
determines appropriate to achieve
greater cost effectiveness and regional
efficiency.
``(f) Peer Review of Grant Applications.--
``(1) In general.--The Administrator of FEMA shall,
after consultation with national fire service and
emergency medical services organizations, appoint fire
service personnel to conduct peer reviews of
applications received under subsection (e)(1).
``(2) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to activities carried out
pursuant to this subsection.
``(g) Prioritization of Grant Awards.--In awarding grants
under this section, the Administrator of FEMA shall consider
the following:
``(1) The findings and recommendations of the peer
reviews carried out under subsection (f).
``(2) The degree to which an award will reduce
deaths, injuries, and property damage by reducing the
risks associated with fire-related and other hazards.
``(3) The extent of the need of an applicant for a
grant under this section and the need to protect the
United States as a whole.
``(4) The number of calls requesting or requiring a
fire fighting or emergency medical response received by
an applicant.
``(h) Allocation of Grant Awards.--In awarding grants under
this section, the Administrator of FEMA shall ensure that of
the available grant funds in each fiscal year--
``(1) not less than 25 percent are awarded under
subsection (c) to career fire departments;
``(2) not less than 25 percent are awarded under
subsection (c) to volunteer fire departments;
``(3) not less than 25 percent are awarded under
subsection (c) to combination fire departments and fire
departments using paid-on-call firefighting personnel;
``(4) not less than 10 percent are available for
open competition among career fire departments,
volunteer fire departments, combination fire
departments, and fire departments using paid-on-call
firefighting personnel for grants awarded under
subsection (c);
``(5) not less than 10 percent are awarded under
subsection (d); and
``(6) not more than 2 percent are awarded under
this section to nonaffiliated EMS organizations
described in subsection (c)(1)(B).
``(i) Additional Requirements and Limitations.--
``(1) Funding for emergency medical services.--Not
less than 3.5 percent of the available grant funds for
a fiscal year shall be awarded under this section for
purposes described in subsection (c)(3)(F).
``(2) State fire training academies.--
``(A) Maximum share.--Not more than 3
percent of the available grant funds for a
fiscal year may be awarded under subsection
(c)(1)(C).
``(B) Maximum grant amount.--The
Administrator of FEMA may not award a grant
under subsection (c)(1)(C) to a State fire
training academy in an amount that exceeds
$1,000,000 in any fiscal year.
``(3) Amounts for purchasing firefighting
vehicles.--Not more than 25 percent of the available
grant funds for a fiscal year may be used to assist
grant recipients to purchase vehicles pursuant to
subsection (c)(3)(G).
``(j) Further Considerations.--
``(1) Assistance to firefighters grants to fire
departments.--In considering applications for grants
under subsection (c)(1)(A), the Administrator of FEMA
shall consider--
``(A) the extent to which the grant would
enhance the daily operations of the applicant
and the impact of such a grant on the
protection of lives and property; and
``(B) a broad range of factors important to
the applicant's ability to respond to fires and
related hazards, such as the following:
``(i) Population served.
``(ii) Geographic response area.
``(iii) Hazards vulnerability.
``(iv) Call volume.
``(v) Financial situation,
including unemployment rate of the area
being served.
``(vi) Need for training or
equipment.
``(2) Applications from nonaffiliated ems
organizations.--In the case of an application submitted
under subsection (e)(1) by a nonaffiliated EMS
organization, the Administrator of FEMA shall consider
the extent to which other sources of Federal funding
are available to the applicant to provide the
assistance requested in such application.
``(3) Awarding fire prevention and safety grants to
certain organizations that are not fire departments.--
In the case of applicants for grants under this section
who are described in subsection (d)(1)(B), the
Administrator of FEMA shall give priority to applicants
who focus on--
``(A) prevention of injuries to high risk
groups from fire; and
``(B) research programs that demonstrate a
potential to improve firefighter safety.
``(4) Awarding grants for fire safety research
centers.--
``(A) Considerations.--In awarding grants
under subsection (d)(1)(C), the Administrator
of FEMA shall--
``(i) select each grant recipient
on--
``(I) the demonstrated
research and extension
resources available to the
recipient to carry out the
research, development, and
technology transfer activities;
``(II) the capability of
the recipient to provide
leadership in making national
contributions to fire safety;
``(III) the recipient's
ability to disseminate the
results of fire safety
research; and
``(IV) the strategic plan
the recipient proposes to carry
out under the grant;
``(ii) give special consideration
in selecting recipients under
subparagraph (A) to an applicant for a
grant that consists of a partnership
between--
``(I) a national fire
service organization or a
national fire safety
organization; and
``(II) an institution of
higher education, including a
minority-serving institution
(as described in section 371(a)
of the Higher Education Act of
1965 (20 U.S.C. 1067q(a))); and
``(iii) consider the research needs
identified and prioritized through the
workshop required by subparagraph
(B)(i).
``(B) Research needs.--
``(i) In general.--Not later than
90 days after the date of the enactment
of the Fire Grants Reauthorization Act
of 2012, the Administrator of FEMA
shall convene a workshop of the fire
safety research community, fire service
organizations, and other appropriate
stakeholders to identify and prioritize
fire safety research needs.
``(ii) Publication.--The
Administrator of FEMA shall ensure that
the results of the workshop are made
available to the public.
``(C) Limitations on grants for fire safety
research centers.--
``(i) In general.--The
Administrator of FEMA may award grants
under subsection (d) to establish not
more than 3 fire safety research
centers.
``(ii) Recipients.--An institution
of higher education, a national fire
service organization, and a national
fire safety organization may not
directly receive a grant under
subsection (d) for a fiscal year for
more than 1 fire safety research
center.
``(5) Avoiding duplication.--The Administrator of
FEMA shall review lists submitted by applicants
pursuant to subsection (e)(2)(D) and take such actions
as the Administrator of FEMA considers necessary to
prevent unnecessary duplication of grant awards.
``(k) Matching and Maintenance of Expenditure
Requirements.--
``(1) Matching requirement for assistance to
firefighters grants.--
``(A) In general.--Except as provided in
subparagraph (B), an applicant seeking a grant
to carry out an activity under subsection (c)
shall agree to make available non-Federal funds
to carry out such activity in an amount equal
to not less than 15 percent of the grant
awarded to such applicant under such
subsection.
``(B) Exception for entities serving small
communities.--In the case that an applicant
seeking a grant to carry out an activity under
subsection (c) serves a jurisdiction of--
``(i) more than 20,000 residents
but not more than 1,000,000 residents,
the application shall agree to make
available non-Federal funds in an
amount equal to not less than 10
percent of the grant awarded to such
applicant under such subsection; and
``(ii) 20,000 residents or fewer,
the applicant shall agree to make
available non-Federal funds in an
amount equal to not less than 5 percent
of the grant awarded to such applicant
under such subsection.
``(2) Matching requirement for fire prevention and
safety grants.--
``(A) In general.--An applicant seeking a
grant to carry out an activity under subsection
(d) shall agree to make available non-Federal
funds to carry out such activity in an amount
equal to not less than 5 percent of the grant
awarded to such applicant under such
subsection.
``(B) Means of matching.--An applicant for
a grant under subsection (d) may meet the
matching requirement under subparagraph (A)
through direct funding, funding of
complementary activities, or the provision of
staff, facilities, services, material, or
equipment.
``(3) Maintenance of expenditures.--An applicant
seeking a grant under subsection (c) or (d) shall agree
to maintain during the term of the grant the
applicant's aggregate expenditures relating to the uses
described in subsections (c)(3) and (d)(3) at not less
than 80 percent of the average amount of such
expenditures in the 2 fiscal years preceding the fiscal
year in which the grant amounts are received.
``(4) Waiver.--
``(A) In general.--Except as provided in
subparagraph (C)(ii), the Administrator of FEMA
may waive or reduce the requirements of
paragraphs (1), (2), and (3) in cases of
demonstrated economic hardship.
``(B) Guidelines.--
``(i) In general.--The
Administrator of FEMA shall establish
and publish guidelines for determining
what constitutes economic hardship for
purposes of this paragraph.
``(ii) Consultation.--In developing
guidelines under clause (i), the
Administrator of FEMA shall consult
with individuals who are--
``(I) recognized for
expertise in firefighting,
emergency medical services
provided by fire services, or
the economic affairs of State
and local governments; and
``(II) members of national
fire service organizations or
national organizations
representing the interests of
State and local governments.
``(iii) Considerations.--In
developing guidelines under clause (i),
the Administrator of FEMA shall
consider, with respect to relevant
communities, the following:
``(I) Changes in rates of
unemployment from previous
years.
``(II) Whether the rates of
unemployment of the relevant
communities are currently and
have consistently exceeded the
annual national average rates
of unemployment.
``(III) Changes in
percentages of individuals
eligible to receive food stamps
from previous years.
``(IV) Such other factors
as the Administrator of FEMA
considers appropriate.
``(C) Certain applicants for fire
prevention and safety grants.--The authority
under subparagraph (A) shall not apply with
respect to a nonprofit organization that--
``(i) is described in subsection
(d)(1)(B); and
``(ii) is not a fire department or
emergency medical services
organization.
``(l) Grant Guidelines.--
``(1) Guidelines.--For each fiscal year, prior to
awarding any grants under this section, the
Administrator of FEMA shall publish in the Federal
Register--
``(A) guidelines that describe--
``(i) the process for applying for
grants under this section; and
``(ii) the criteria that will be
used for selecting grant recipients;
and
``(B) an explanation of any differences
between such guidelines and the recommendations
obtained under paragraph (2).
``(2) Annual meeting to obtain recommendations.--
``(A) In general.--For each fiscal year,
the Administrator of FEMA shall convene a
meeting of qualified members of national fire
service organizations and, at the discretion of
the Administrator of FEMA, qualified members of
emergency medical service organizations to
obtain recommendations regarding the following:
``(i) Criteria for the awarding of
grants under this section.
``(ii) Administrative changes to
the assistance program established
under subsection (b).
``(B) Qualified members.--For purposes of
this paragraph, a qualified member of an
organization is a member who--
``(i) is recognized for expertise
in firefighting or emergency medical
services;
``(ii) is not an employee of the
Federal Government; and
``(iii) in the case of a member of
an emergency medical service
organization, is a member of an
organization that represents--
``(I) providers of
emergency medical services that
are affiliated with fire
departments; or
``(II) nonaffiliated EMS
providers.
``(3) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to activities carried out under
this subsection.
``(m) Accounting Determination.--Notwithstanding any other
provision of law, for purposes of this section, equipment costs
shall include all costs attributable to any design, purchase of
components, assembly, manufacture, and transportation of
equipment not otherwise commercially available.
``(n) Eligible Grantee on Behalf of Alaska Native
Villages.--The Alaska Village Initiatives, a non-profit
organization incorporated in the State of Alaska, shall be
eligible to apply for and receive a grant or other assistance
under this section on behalf of Alaska Native villages.
``(o) Training Standards.--If an applicant for a grant
under this section is applying for such grant to purchase
training that does not meet or exceed any applicable national
voluntary consensus standards, including those developed under
section 647 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 747), the applicant shall submit to the
Administrator of FEMA an explanation of the reasons that the
training proposed to be purchased will serve the needs of the
applicant better than training that meets or exceeds such
standards.
``(p) Ensuring Effective Use of Grants.--
``(1) Audits.--The Administrator of FEMA may audit
a recipient of a grant awarded under this section to
ensure that--
``(A) the grant amounts are expended for
the intended purposes; and
``(B) the grant recipient complies with the
requirements of subsection (k).
``(2) Performance assessment.--
``(A) In general.--The Administrator of
FEMA shall develop and implement a performance
assessment system, including quantifiable
performance metrics, to evaluate the extent to
which grants awarded under this section are
furthering the purposes of this section,
including protecting the health and safety of
the public and firefighting personnel against
fire and fire-related hazards.
``(B) Consultation.--The Administrator of
FEMA shall consult with fire service
representatives and with the Comptroller
General of the United States in developing the
assessment system required by subparagraph (A).
``(3) Annual reports to administrator of fema.--Not
less frequently than once each year during the term of
a grant awarded under this section, the recipient of
the grant shall submit to the Administrator of FEMA an
annual report describing how the recipient used the
grant amounts.
``(4) Annual reports to congress.--
``(A) In general.--Not later than September
30, 2013, and each year thereafter through
2017, the Administrator of FEMA shall submit to
the Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Science and Technology and the
Committee on Transportation and Infrastructure
of the House of Representatives a report that
provides--
``(i) information on the
performance assessment system developed
under paragraph (2); and
``(ii) using the performance
metrics developed under such paragraph,
an evaluation of the effectiveness of
the grants awarded under this section.
``(B) Additional information.--The report
due under subparagraph (A) on September 30,
2016, shall also include recommendations for
legislative changes to improve grants under
this section.
``(q) Authorization of Appropriations.--
``(1) In general.--There is authorized to be
appropriated to carry out this section--
``(A) $750,000,000 for fiscal year 2013;
and
``(B) for each of fiscal years 2014 through
2017, an amount equal to the amount authorized
for the previous fiscal year increased by the
percentage by which--
``(i) the Consumer Price Index (all
items, United States city average) for
the previous fiscal year, exceeds
``(ii) the Consumer Price Index for
the fiscal year preceding the fiscal
year described in clause (i).
``(2) Administrative expenses.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal
year, the Administrator of FEMA may use not more than 5
percent of such amounts for salaries and expenses and
other administrative costs incurred by the
Administrator of FEMA in the course of awarding grants
and providing assistance under this section.
``(3) Congressionally directed spending.--
Consistent with the requirements in subsections (c)(1)
and (d)(1) that grants under those subsections be
awarded on a competitive basis, none of the funds
appropriated pursuant to this subsection may be used
for any congressionally directed spending item (as
defined under the rules of the Senate and the House of
Representatives).
``(r) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on the
date that is 5 years after the date of the enactment of the
Fire Grants Reauthorization Act of 2012.''.
SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
(a) Improvements to Hiring Grants.--
(1) Term of grants.--Subparagraph (B) of section
34(a)(1) of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a(a)(1)) is amended to read as
follows:
``(B) Grants made under this paragraph shall be for
3 years and be used for programs to hire new,
additional firefighters.''.
(2) Limitation of portion of costs of hiring
firefighters.--Subparagraph (E) of such section is
amended to read as follows:
``(E) The portion of the costs of hiring
firefighters provided by a grant under this paragraph
may not exceed--
``(i) 75 percent in the first year of the
grant;
``(ii) 75 percent in the second year of the
grant; and
``(iii) 35 percent in the third year of the
grant.''.
(b) Clarification Regarding Eligible Entities for
Recruitment and Retention Grants.--The second sentence of
section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended
by striking ``organizations on a local or statewide basis'' and
inserting ``national, State, local, or tribal organizations''.
(c) Maximum Amount for Hiring a Firefighter.--Paragraph (4)
of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended to
read as follows:
``(4) The amount of funding provided under this section to
a recipient fire department for hiring a firefighter in any
fiscal year may not exceed--
``(A) in the first year of the grant, 75 percent of
the usual annual cost of a first-year firefighter in
that department at the time the grant application was
submitted;
``(B) in the second year of the grant, 75 percent
of the usual annual cost of a first-year firefighter in
that department at the time the grant application was
submitted; and
``(C) in the third year of the grant, 35 percent of
the usual annual cost of a first-year firefighter in
that department at the time the grant application was
submitted.''.
(d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is
amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the
following:
``(d) Waivers.--
``(1) In general.--In a case of demonstrated
economic hardship, the Administrator of FEMA may--
``(A) waive the requirements of subsection
(c)(1); or
``(B) waive or reduce the requirements in
subsection (a)(1)(E) or subsection (c)(2).
``(2) Guidelines.--
``(A) In general.--The Administrator of
FEMA shall establish and publish guidelines for
determining what constitutes economic hardship
for purposes of paragraph (1).
``(B) Consultation.--In developing
guidelines under subparagraph (A), the
Administrator of FEMA shall consult with
individuals who are--
``(i) recognized for expertise in
firefighting, emergency medical
services provided by fire services, or
the economic affairs of State and local
governments; and
``(ii) members of national fire
service organizations or national
organizations representing the
interests of State and local
governments.
``(C) Considerations.--In developing
guidelines under subparagraph (A), the
Administrator of FEMA shall consider, with
respect to relevant communities, the following:
``(i) Changes in rates of
unemployment from previous years.
``(ii) Whether the rates of
unemployment of the relevant
communities are currently and have
consistently exceeded the annual
national average rates of unemployment.
``(iii) Changes in percentages of
individuals eligible to receive food
stamps from previous years.
``(iv) Such other factors as the
Administrator of FEMA considers
appropriate.''.
(e) Improvements to Performance Evaluation Requirements.--
Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), as
redesignated by subsection (d)(1) of this section, is amended
by inserting before the first sentence the following:
``(1) In general.--The Administrator of FEMA shall
establish a performance assessment system, including
quantifiable performance metrics, to evaluate the
extent to which grants awarded under this section are
furthering the purposes of this section.
``(2) Submittal of information.--''.
(f) Report.--
(1) In general.--Subsection (f) of section 34 of
such Act (15 U.S.C. 2229a), as redesignated by
subsection (d)(1) of this section, is amended by
striking ``The authority'' and all that follows through
``Congress concerning'' and inserting the following:
``Not later than September 30, 2014, the Administrator
of FEMA shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Science and Technology and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on''.
(2) Conforming amendment.--The heading for
subsection (f) of section 34 of such Act (15 U.S.C.
2229a), as redesignated by subsection (d)(1) of this
section, is amended by striking ``Sunset and Reports''
and inserting ``Report''.
(g) Additional Definitions.--
(1) In general.--Subsection (i) of section 34 of
such Act (15 U.S.C. 2229a), as redesignated by
subsection (d)(1) of this section, is amended--
(A) in the matter before paragraph (1), by
striking ``In this section, the term--'' and
inserting ``In this section:'';
(B) in paragraph (1)--
(i) by inserting ``The term''
before ```firefighter' has''; and
(ii) by striking ``; and'' and
inserting a period;
(C) by striking paragraph (2); and
(D) by inserting at the end the following:
``(2) The terms `Administrator of FEMA', `career
fire department', `combination fire department', and
`volunteer fire department' have the meanings given
such terms in section 33(a).''.
(2) Conforming amendment.--Section 34(a)(1)(A) of
such Act (15 U.S.C. 2229a(a)(1)(A)) is amended by
striking ``career, volunteer, and combination fire
departments'' and inserting ``career fire departments,
combination fire departments, and volunteer fire
departments''.
(h) Authorization of Appropriations.--
(1) In general.--Subsection (j) of section 34 of
such Act (15 U.S.C. 2229a), as redesignated by
subsection (d)(1) of this section, is amended--
(A) in paragraph (6), by striking ``and''
at the end;
(B) in paragraph (7), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) $750,000,000 for fiscal year 2013; and
``(9) for each of fiscal years 2014 through 2017,
an amount equal to the amount authorized for the
previous fiscal year increased by the percentage by
which--
``(A) the Consumer Price Index (all items,
United States city average) for the previous
fiscal year, exceeds
``(B) the Consumer Price Index for the
fiscal year preceding the fiscal year described
in subparagraph (A).''.
(2) Administrative expenses.--Such subsection (j)
is further amended--
(A) in paragraph (9), as added by paragraph
(1) of this subsection, by redesignating
subparagraphs (A) and (B) as clauses (i) and
(ii), respectively, and moving the left margin
of such clauses, as so redesignated, 2 ems to
the right;
(B) by redesignating paragraphs (1) through
(9) as subparagraphs (A) through (I),
respectively, and moving the left margin of
such subparagraphs, as so redesignated, 2 ems
to the right;
(C) by striking ``There are'' and inserting
the following:
``(1) In general.--There are''; and
(D) by adding at the end the following:
``(2) Administrative expenses.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal
year, the Administrator of FEMA may use not more than 5
percent of such amounts to cover salaries and expenses
and other administrative costs incurred by the
Administrator of FEMA to make grants and provide
assistance under this section.''.
(3) Congressionally directed spending.--Such
subsection (j) is further amended by adding at the end
the following:
``(3) Congressionally directed spending.--
Consistent with the requirement in subsection (a) that
grants under this section be awarded on a competitive
basis, none of the funds appropriated pursuant to this
subsection may be used for any congressionally direct
spending item (as defined under the rules of the Senate
and the House of Representatives).''.
(i) Technical Amendment.--Section 34 of such Act (15 U.S.C.
2229a) is amended by striking ``Administrator'' each place it
appears and inserting ``Administrator of FEMA''.
(j) Clerical Amendment.--Such section is further amended in
the heading by striking ``EXPANSION OF PRE-SEPTEMBER 11, 2001,
FIRE GRANT PROGRAM'' and inserting the following: ``STAFFING
FOR ADEQUATE FIRE AND EMERGENCY RESPONSE''.
(k) Sunset of Authority to Award Hiring Grants.--Such
section is further amended by adding at the end the following:
``(k) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on the
date that is 5 years after the date of the enactment of the
Fire Grants Reauthorization Act of 2012.''.
SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSISTANCE TO
FIREFIGHTERS AND STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE PROGRAMS.
It is the sense of Congress that--
(1) the grants and assistance awarded under
sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a) have
proven equally valuable in protecting the health and
safety of the public and firefighting personnel
throughout the United States against fire and fire-
related hazards; and
(2) providing parity in funding for the awarding of
grants and assistance under both such sections will
ensure that the grant and assistance programs under
such sections can continue to serve their complementary
purposes.
SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS AND
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
PROGRAMS.
(a) In General.--Not later than September 30, 2016, the
Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Science and Technology of the House
of Representatives a report on the effect of the amendments
made by this subtitle.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the effect of the amendments
made by sections 1803 and 1804 on the effectiveness,
relative allocation, accountability, and administration
of the grants and assistance awarded under sections 33
and 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229 and 2229a) after the date of
the enactment of this Act.
(2) An evaluation of the extent to which the
amendments made by sections 1803 and 1804 have enabled
recipients of grants and assistance awarded under such
sections 33 and 34 after the date of the enactment of
this Act to mitigate fire and fire-related and other
hazards more effectively.
SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of the United States Fire
Administration.
(2) Career fire department, combination fire
department, volunteer fire department.--The terms
``career fire department'', ``combination fire
department'', and ``volunteer fire department'' have
the meanings given such terms in section 33(a) of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(a)), as amended by section 1803.
(3) Fire service.--The term ``fire service'' has
the meaning given such term in section 4 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2203).
(b) Study and Report on Compliance With Staffing
Standards.--
(1) Study.--The Administrator shall conduct a study
on the level of compliance with national voluntary
consensus standards for staffing, training, safe
operations, personal protective equipment, and fitness
among the fire services of the United States.
(2) Survey.--
(A) In general.--In carrying out the study
required by paragraph (1), the Administrator
shall carry out a survey of fire services to
assess the level of compliance of such fire
services with the standards described in such
paragraph.
(B) Elements.--The survey required by
subparagraph (A) shall--
(i) include career fire
departments, volunteer fire
departments, combination fire
departments, and fire departments
serving communities of different sizes,
and such other distinguishing factors
as the Administrator considers
relevant;
(ii) employ methods to ensure that
the survey accurately reflects the
actual rate of compliance with the
standards described in paragraph (1)
among fire services; and
(iii) determine the extent of
barriers and challenges to achieving
compliance with the standards described
in paragraph (1) among fire services.
(C) Authority to carry out survey with
nonprofit.--If the Administrator determines
that it will reduce the costs incurred by the
United States Fire Administration in carrying
out the survey required by subparagraph (A),
the Administrator may carry out such survey in
conjunction with a nonprofit organization that
has substantial expertise and experience in the
following areas:
(i) The fire services.
(ii) National voluntary consensus
standards.
(iii) Contemporary survey methods.
(3) Report on findings of study.--
(A) In general.--Not later than 2 years
after the date of the enactment of this Act,
the Administrator shall submit to Congress a
report on the findings of the Administrator
with respect to the study required by paragraph
(1).
(B) Contents.--The report required by
subparagraph (A) shall include the following:
(i) An accurate description, based
on the results of the survey required
by paragraph (2)(A), of the rate of
compliance with the standards described
in paragraph (1) among United States
fire services, including a comparison
of the rates of compliance among career
fire departments, volunteer fire
departments, combination fire
departments, and fire departments
serving communities of different sizes,
and such other comparisons as
Administrator considers relevant.
(ii) A description of the
challenges faced by different types of
fire departments and different types of
communities in complying with the
standards described in paragraph (1).
(c) Task Force to Enhance Firefighter Safety.--
(1) Establishment.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall establish a task force to be
known as the ``Task Force to Enhance Firefighter
Safety'' (in this subsection referred to as the ``Task
Force'').
(2) Membership.--
(A) In general.--Members of the Task Force
shall be appointed by the Secretary from among
the general public and shall include the
following:
(i) Representatives of national
organizations representing firefighters
and fire chiefs.
(ii) Individuals representing
standards-setting and accrediting
organizations, including
representatives from the voluntary
consensus codes and standards
development community.
(iii) Such other individuals as the
Secretary considers appropriate.
(B) Representatives of other departments
and agencies.--The Secretary may invite
representatives of other Federal departments
and agencies that have an interest in fire
services to participate in the meetings and
other activities of the Task Force.
(C) Number; terms of service; pay and
allowances.--The Secretary shall determine the
number, terms of service, and pay and
allowances of members of the Task Force
appointed by the Secretary, except that a term
of service of any such member may not exceed 2
years.
(3) Responsibilities.--The Task Force shall--
(A) consult with the Secretary in the
conduct of the study required by subsection
(b)(1); and
(B) develop a plan to enhance firefighter
safety by increasing fire service compliance
with the standards described in subsection
(b)(1), including by--
(i) reviewing and evaluating the
report required by subsection (b)(3)(A)
to determine the extent of and barriers
to achieving compliance with the
standards described in subsection
(b)(1) among fire services; and
(ii) considering ways in which the
Federal Government, States, and local
governments can promote or encourage
fire services to comply with such
standards.
(4) Report.--
(A) In general.--Not later than 180 days
after the date on which the Secretary submits
the report required by subsection (b)(3)(A),
the Task Force shall submit to Congress and the
Secretary a report on the activities and
findings of the Task Force.
(B) Contents.--The report required by
subparagraph (A) shall include the following:
(i) The findings and
recommendations of the Task Force with
respect to the study carried out under
subsection (b)(1).
(ii) The plan developed under
paragraph (3)(B).
(d) Study and Report on the Needs of Fire Services.--
(1) Study.--The Administrator shall conduct a
study--
(A) to define the current roles and
activities associated with fire services on a
national, State, regional, and local level;
(B) to identify the equipment, staffing,
and training required to fulfill the roles and
activities defined under subparagraph (A);
(C) to conduct an assessment to identify
gaps between what fire services currently
possess and what they require to meet the
equipment, staffing, and training needs
identified under subparagraph (B) on a national
and State-by-State basis; and
(D) to measure the impact of the grant and
assistance program under section 33 of the
Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) in meeting the needs of fire
services and filling the gaps identified under
subparagraph (C).
(2) Report.--Not later than 2 years after the date
of the enactment of this title, the Administrator shall
submit to Congress a report on the findings of the
Administrator with respect to the study conducted under
paragraph (1).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section--
(1) $600,000 for fiscal year 2013; and
(2) $600,000 for fiscal year 2014.
Subtitle B--Reauthorization of United States Fire Administration
SEC. 1811. SHORT TITLE.
This subtitle may be cited as the ``United States Fire
Administration Reauthorization Act of 2012''.
SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED STATES FIRE
ADMINISTRATION AND FEDERAL EMERGENCY MANAGEMENT
AGENCY.
Section 5(c) of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2204) is amended to read as follows:
``(c) Deputy Administrator.--The Administrator may appoint
a Deputy Administrator, who shall--
``(1) perform such functions as the Administrator
shall from time to time assign or delegate; and
``(2) act as Administrator during the absence or
disability of the Administrator or in the event of a
vacancy in the office of Administrator.''.
SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO EDUCATE PUBLIC
ABOUT FIRE AND FIRE PREVENTION.
Section 6 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2205) is amended by striking ``to take all
steps'' and all that follows through ``fire and fire
prevention.'' and inserting ``to take such steps as the
Administrator considers appropriate to educate the public and
overcome public indifference as to fire, fire prevention, and
individual preparedness.''.
SEC. 1814. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' at the
end;
(2) in subparagraph (H), by striking the period at
the end and inserting a semicolon;
(3) by adding after subparagraph (H) the following:
``(I) $76,490,890 for fiscal year 2013, of which
$2,753,672 shall be used to carry out section 8(f);
``(J) $76,490,890 for fiscal year 2014, of which
$2,753,672 shall be used to carry out section 8(f);
``(K) $76,490,890 for fiscal year 2015, of which
$2,753,672 shall be used to carry out section 8(f);
``(L) $76,490,890 for fiscal year 2016, of which
$2,753,672 shall be used to carry out section 8(f); and
``(M) $76,490,890 for fiscal year 2017, of which
$2,753,672 shall be used to carry out section 8(f).'';
and
(4) in subparagraphs (E) through (H), by moving
each margin 2 ems to the left.
SEC. 1815. REMOVAL OF LIMITATION.
Section 9(d) of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2208(d)) is amended--
(1) by striking ``Update.--'' and all that follows
through ``The Administrator'' and inserting ``Update.--
The Administrator''; and
(2) by striking paragraph (2).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2013''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII and title XXIX of this division for
military construction projects, land acquisition, family
housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2015; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2016.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2015; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2016 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2107. Extension of limitation on obligation or expenditure of funds
for tour normalization.
Sec. 2108. Limitation on project authorization to carry out certain
fiscal year 2013 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Wainwright................................. $10,400,000
Joint Base Elmendorf-Richardson................. $7,900,000
California.................................. Concord......................................... $8,900,000
Colorado.................................... Fort Carson..................................... $18,000,000
District of Columbia........................ Fort McNair..................................... $7,200,000
Georgia..................................... Fort Benning.................................... $16,000,000
Fort Gordon..................................... $23,300,000
Fort Stewart.................................... $49,650,000
Hawaii...................................... Pohakuloa Training Area......................... $29,000,000
Schofield Barracks.............................. $96,000,000
Wheeler Army Air Field.......................... $85,000,000
Kansas...................................... Fort Riley...................................... $12,200,000
Kentucky.................................... Fort Campbell................................... $81,800,000
Fort Knox....................................... $6,000,000
Missouri.................................... Fort Leonard Wood............................... $123,000,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................ $47,000,000
Picatinny Arsenal............................... $10,200,000
New York.................................... Fort Drum....................................... $95,000,000
U.S. Military Academy........................... $192,000,000
North Carolina.............................. Fort Bragg...................................... $68,000,000
Oklahoma.................................... Fort Sill....................................... $4,900,000
South Carolina.............................. Fort Jackson.................................... $24,000,000
Texas....................................... Corpus Christi.................................. $37,200,000
Fort Bliss...................................... $7,200,000
Fort Hood....................................... $51,200,000
Joint Base San Antonio.......................... $21,000,000
Virginia.................................... Fort Belvoir.................................... $94,000,000
Fort Lee........................................ $81,000,000
Washington.................................. Joint Base Lewis-McChord........................ $164,000,000
Yakima.......................................... $5,100,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy......................................... Camp Ederle.................................... $36,000,000
Vicenza........................................ $32,000,000
Japan......................................... Okinawa........................................ $78,000,000
Sagami......................................... $18,000,000
Korea......................................... Camp Humphreys................................. $45,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2103(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,641,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under subsection (a), as specified in the funding table
in section 4601.
(2) $106,000,000 (the balance of the amount
authorized under section 2101(a) for cadet barracks
increment 1 at the United States Military Academy, New
York).
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECT.
In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2628) for Fort Belvoir, Virginia, for construction of a
Road and Access Control Point at the installation, the
Secretary of the Army may construct a standard design Access
Control Point consistent with the Army's construction
guidelines for Access Control Points.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4658),
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (122 Stat. 4659), shall
remain in effect until October 1, 2013, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot..... Lake Yard Interchange............ $1,400,000
New Jersey............................ Picatinny Arsenal....... Ballistic evaluation Facility $9,900,000
Phase I.........................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627),
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (123 Stat. 2628), shall
remain in effect until October 1, 2013, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Louisiana............................ Fort Polk............... Land Purchases and $17,000,000
Condemnation...............
New Jersey........................... Picatinny Arsenal....... Ballistic Evaluation $10,200,000
Facility Phase 2...........
Virginia............................. Fort Belvoir............ Road and Access Control $9,500,000
Point......................
Washington........................... Fort Lewis.............. Fort Lewis-McChord AFB Joint $9,000,000
Access.....................
Kuwait............................... Kuwait.................. APS Warehouses.............. $82,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR TOUR NORMALIZATION.
Section 2111 of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125
Stat. 1665) is amended in the matter preceding paragraph (1) by
inserting after ``under this Act'' the following: ``or an Act
authorizing funds for military construction for fiscal year
2013''.
SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT CERTAIN
FISCAL YEAR 2013 PROJECT.
The Secretary of the Army may not obligate or expend any
funds authorized in this title for the construction of a cadet
barracks at the United States Military Academy, West Point, New
York, until the Secretary of the Army--
(1) submits to the congressional defense
committees, as part of the future-years defense program
submitted to Congress during 2013 under section 221 of
title 10, United States Code, a plan showing programmed
investments to renovate existing cadet barracks at the
United States Military Academy; and
(2) certifies to the congressional defense
committees that the Secretary has entered into a
contract for the renovation of Scott Barracks at the
United States Military Academy.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2010
projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Yuma.......................................... $29,285,000
California................................... Camp Pendleton................................ $88,110,000
Coronado...................................... $78,541,000
Miramar....................................... $27,897,000
Point Mugu..................................... $12,790,000
San Diego..................................... $71,188,000
Seal Beach..................................... $30,594,000
Twentynine Palms.............................. $47,270,000
Florida...................................... Jacksonville.................................. $21.980,000
Hawaii....................................... Kaneohe Bay................................... $97,310,000
Mississippi................................... Meridian....................................... $10,926,000
New Jersey.................................... Earle.......................................... $33,498,000
North Carolina............................... Camp Lejeune.................................. $69,890,000
Cherry Point Marine Corps Air Station......... $45,891,000
New River..................................... $8,525,000
South Carolina............................... Beaufort...................................... $81,780,000
Parris Island.................................. $10,135,000
Virginia..................................... Dahlgren...................................... $28,228,000
Oceana Naval Air Station....................... $39,086,000
Portsmouth.................................... $32,706,000
Quantico...................................... $58,714,000
Yorktown....................................... $48,823,000
Washington................................... Whidbey Island................................ $6,272,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in the
amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... SW Asia......................................... $51,348,000
Diego Garcia................................. Diego Garcia................................... $1,691,000
Greece........................................ Souda Bay....................................... $25,123,000
Japan......................................... Iwakuni......................................... $13,138,000
Okinawa......................................... $8,206,000
Romania....................................... Deveselu........................................ $45,205,000
Spain......................................... Rota............................................ $17,215,000
Worldwide (Unspecified)....................... Unspecified Worldwide Locations................. $34,048,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,527,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions, the Secretary of the Navy may improve
existing military family housing units in an amount not to
exceed $97,655,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act and the projects described in
paragraphs (2) and (3) of this subsection may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated
under subsection (a), as specified in the funding table
in section 4601.
(2) $382,757,000 (the balance of the amount
authorized under section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1666) for
an explosive handling wharf at Kitsap, Washington).
(3) $68,196,000 (the balance of the amount
authorized under section 2201(b) of the Military
Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2633) for
ramp parking at Joint Region Marianas, Guam).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2012 PROJECT.
In the case of the authorization contained in the table in
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125
Stat. 1666), for Kitsap (Bangor) Washington, for construction
of Explosives Handling Wharf No. 2 at that location, the
Secretary of the Navy may acquire fee or lesser real property
interests to accomplish required environmental mitigation for
the project using appropriations authorized for the project.
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4658), the
authorization set forth in the table in subsection (b), as
provided in section 2201 of that Act (122 Stat. 4670) and
extended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81; 125 Stat. 1668), shall remain in effect until
October 1, 2013, or the date of an Act authorizing funds for
military construction for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Base, Camp Operations Access Points, $11,970,000
Pendleton................ Red Beach................
Marine Corps Air Station, Emergency Response Station $6,530,000
Miramar..................
District of Columbia.................... Washington Navy Yard...... Child Development Center.. $9,340,000
----------------------------------------------------------------------------------------------------------------
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the
authorization set forth in the table in subsection (b), as
provided in section 2201 of that Act (123 Stat. 2632), shall
remain in effect until October 1, 2013, or the date of an Act
authorizing funds for military construction for fiscal year
2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Mountain Warfare Training Mountain Warfare Training, $6,830,000
Center, Bridgeport....... Commissary...............
Maine................................... Portsmouth Naval Shipyard. Gate 2 Security $7,090,000
Improvements.............
Djibouti................................ Camp Lemonier............. Security Fencing.......... $8,109,000
Ammo Supply Point......... $21,689,000
Interior Paved Roads...... $7,275,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2010
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas...................................... Little Rock Air Force Base................. $30,178,000
Florida....................................... Tyndall Air Force Base..................... $14,750,000
Georgia....................................... Fort Stewart............................... $7,250,000
Moody Air Force Base........................ $8,500,000
New Mexico.................................... Holloman Air Force Base.................... $25,000,000
North Dakota.................................. Minot Air Force Base....................... $4,600,000
Texas......................................... Joint Base San Antonio..................... $18,000,000
Utah.......................................... Hill Air Force Base........................ $13,530,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Greenland..................... Thule Air Base....... $24,500,000
Guam........................... Andersen Air Force $58,000,000
Base.................
Italy......................... Aviano Air Base...... $9,400,000
Portugal...................... Lajes Field.......... $2,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,253,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304 and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $79,571,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding table
in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 of this Act and the project described in
paragraph (2) of this subsection may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under subsection (a), as specified in the funding table
in section 4601.
(2) $205,000,000 (the balance of the amount
authorized under section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1670) for
the United States Strategic Command Headquarters at
Offutt Air Force Base, Nebraska).
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627),
authorizations set forth in the table in subsection (b), as
provided in section 2301 of that Act (123 Stat. 2636), shall
remain in effect until October 1, 2013, or the date of an Act
authorizing funds for military construction for fiscal year
2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Missouri.............................. Whiteman Air Force Base.. Land Acquisition North & $5,500,000
South Boundary.............
Montana............................... Malmstrom Air Force Base. Weapons Storage Area (WSA), $10,600,000
Phase 2....................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2012 projects.
Sec. 2405. Extension of authorization of certain fiscal year 2010
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
1997 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Marana...................................... $6,477,000
Yuma........................................ $1,300,000
California.................................... Coronado................................... $55,259,000
DEF Fuel Support Point-San Diego........... $91,563,000
Edwards Air Force Base..................... $27,500,000
Twentynine Palms............................ $27,400,000
Colorado...................................... Buckley Air Force Base..................... $30,000,000
Fort Carson................................. $56,673,000
Pikes Peak.................................. $3,600,000
Delaware....................................... Dover Air Force Base........................ $2,000,000
Florida....................................... Eglin Air Force Base....................... $41,695,000
Hurlburt Field............................. $16,000,000
MacDill Air Force Base..................... $34,409,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam............. $24,289,000
Illinois...................................... Great Lakes................................ $28,700,000
Scott Air Force Base........................ $86,711,000
Indiana........................................ Grissom Army Reserve Base................... $26,800,000
Kentucky...................................... Fort Campbell.............................. $71,639,000
Louisiana..................................... Barksdale Air Force Base................... $11,700,000
Maryland....................................... Annapolis.................................. $66,500,000
Bethesda Naval Hospital.................... $69,200,000
Fort Meade................................. $128,600,000
Missouri...................................... Fort Leonard Wood.......................... $18,100,000
New Mexico..................................... Cannon Air Force Base....................... $93,085,000
New York....................................... Fort Drum................................... $43,200,000
North Carolina................................ Camp Lejeune............................... $80,064,000
Fort Bragg................................. $130,422,000
Seymour Johnson Air Force Base............. $55,450,000
Pennsylvania.................................. DEF Distribution Depot New Cumberland...... $17,400,000
South Carolina................................ Shaw Air Force Base........................ $57,200,000
Texas.......................................... Red River Army Depot....................... $16,715,000
Virginia...................................... Joint Expeditionary Base Little Creek-Fort $11,132,000
Story......................................
Norfolk.................................... $8,500,000
Washington.................................... Fort Lewis................................. $50,520,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ Brussels.................................... $26,969,000
Germany....................................... Stuttgart-Patch Barracks................... $2,413,000
Vogelweh................................... $61,415,000
Weisbaden.................................. $52,178,000
Guam.......................................... Andersen Air Force Base.................... $67,500,000
Guantanamo Bay, Cuba........................... Guantanamo Bay.............................. $40,200,000
Japan......................................... Camp Zama.................................. $13,273,000
Kadena Air Base............................. $143,545,000
Sasebo...................................... $35,733,000
Zukeran..................................... $79,036,000
Korea.......................................... Kunsan Air Base............................. $13,000,000
Osan Air Base............................... $77,292,000
Romania........................................ Deveselu.................................... $220,800,000
United Kingdom................................ Menwith Hill Station....................... $50,283,000
Royal Air Force Feltwell................... $30,811,000
Royal Air Force Mildenhall.................. $6,490,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects inside
the United States as specified in the funding table in section
4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear....................................... $15,337,000
California..................................... Fort Hunter Liggett......................... $9,600,000
Parks RFTA.................................. $9,256,000
Colorado....................................... Aerospace Data Facility..................... $3,310,000
Fort Carson................................. $4,000,000
Hawaii......................................... Joint Base Pearl Harbor Hickam.............. $6,610,000
Missouri....................................... Whiteman.................................... $6,000,000
North Carolina................................. Fort Bragg.................................. $2,700,000
MCB Camp Lejeune............................ $5,701,000
New Jersey..................................... Sea Girt.................................... $3,000,000
Pennsylvania................................... NSA Mechanicsburg........................... $19,926,000
Susquehanna................................. $2,550,000
Tobyhanna Army Depot........................ $3,950,000
Tennessee...................................... Arnold...................................... $3,606,000
Texas.......................................... Fort Bliss.................................. $5,700,000
Fort Bliss.................................. $2,600,000
Laughlin.................................... $4,800,000
Virginia....................................... MCB Quantico................................ $7,943,000
Pentagon Reservation........................ $2,360,000
Pentagon Reservation........................ $2,120,000
Various Locations.............................. Various Locations........................... $12,886,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects outside
the United States as specified in the funding table in section
4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following
table:
Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy.......................................... Naval Air Station Sigonella................. $6,121,000
Spain.......................................... Naval Station Rota.......................... $2,671,000
Various Locations.............................. Various Locations........................... $7,253,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as
specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act and the projects described in
paragraphs (2) through (9) of this subsection may not exceed
the sum of the following:
(1) The total amount authorized to be appropriated
under subsection (a), as specified in the funding table
in section 4601.
(2) $13,965,000 (the balance of the amount
authorized under section 2401(a) of the Military
Construction Authorization Act for Fiscal Year
2007(division B of Public Law 119-364; 120 Stat. 2457)
for the Army Medical Research Institute of Infectious
Diseases Stage I at Fort Detrick, Maryland).
(3) $103,600,000 (the balance of the amount
authorized under section 2401(a) for NSAW Recapitalize
Building #1 at Fort Meade, Maryland).
(4) $556,639,000 (the balance of the amount
authorized under section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1672), as
amended by section 2404(a) of this Act, for a data
center at Fort Meade, Maryland).
(5) $512,969,000 (the balance of the amount
authorized under section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2640) for a
hospital at Fort Bliss, Texas).
(6) $134,900,000 (the balance of the amount
authorized under section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1672) for
an Ambulatory Care Center Phase III at Joint Base San
Antonio, Texas).
(7) $41,913,000 (the balance of the amount
authorized as a Military Construction, Defense-Wide
project by title X of the Supplemental Appropriations
Act, 2009 (Public Law 111-32; 123 Stat. 1888) for a
data center at Camp Williams, Utah).
(8) $792,408,000 (the balance of the amount
authorized under section 2401(b) of the Military
Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1673), as
amended by section 2404(b) of this Act, for a hospital
at the Rhine Ordnance Barracks, Germany).
(9) $100,800,000 (the balance of the amount
authorized under section 2401(b) for the Aegis Ashore
Missile Defense System Complex at Deveselu, Romania).
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2012 PROJECTS.
(a) Maryland.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2012 (division B
of Public Law 112-81; 125 Stat. 1672), is amended in the item
relating to Fort Meade, Maryland, by striking ``$29,640,000''
in the amount column and inserting ``$792,200,000''.
(b) Germany.--
(1) Project authorization.--The table in section
2401(b) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81;
125 Stat. 1673), is amended in the item relating to
Rhine Ordnance Barracks, Germany, by striking
``$750,000,000'' in the amount column and inserting
``$990,000,000''.
(2) Certification required.--The Secretary of
Defense may not obligate additional funds made
available pursuant to the amendment made by paragraph
(1) until the Secretary certifies to the congressional
defense committees that both of the following directly
support the proposed scope for the hospital at the
Rhine Ordnance Barracks, Germany:
(A) A sufficient enduring beneficiary
population.
(B) The fiscal year 2014 force structure
assessment, incorporated in the budget
submitted by the President to Congress for
fiscal year 2014.
SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2010
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the
authorization set forth in the table in subsection (b), as
provided in section 2401(a) of that Act (123 Stat. 2640), shall
remain in effect until October 1, 2013, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................ Pentagon Reservation....... Pentagon electrical upgrade $19,272,000
----------------------------------------------------------------------------------------------------------------
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
(a) Authorization of Appropriations.-- Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for military construction and land
acquisition for chemical demilitarization, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under subsection (a) and the project described in paragraph (2)
of this subsection may not exceed the sum of the following:
(1) The total amount authorized to be appropriated
under subsection (a), as specified in the funding table
in section 4601.
(2) $158,969,000 (the balance of the amount
authorized for ammunition demilitarization at Blue
Grass, Kentucky, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835), as
most recently amended by section 2412 of the Military
Construction Authorization Act for Fiscal Year 2011
(division B Public Law 111-383; 124 Stat. 4450).
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.
(a) Modifications.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended
by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2699), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4697), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization Program, in the item relating to
Pueblo Army Depot, Colorado, by striking
``$484,000,000'' in the amount column and inserting
``$520,000,000''; and
(2) by striking the amount identified as the total
in the amount column and inserting ``$866,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the
Military Construction Authorization Act for Fiscal Year 1997
(110 Stat. 2779), as so amended, is further amended by striking
``$484,000,000'' and inserting ``$520,000,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment Program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2012, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment Program authorized by section 2501 as specified in
the funding table in section 4601.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition project.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2010 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2613. Extension of authorization of certain fiscal year 2009
project.
Sec. 2614. Extension of authorization of certain fiscal year 2010
projects.
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2606
and available for the National Guard and Reserve as specified
in the funding table in section 4601, the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following
table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Fort McClellan.................................. $5,400,000
Arkansas................................... Searcy.......................................... $6,800,000
California................................. Fort Irwin...................................... $25,000,000
Connecticut................................ Camp Hartell.................................... $32,000,000
Delaware.................................... Bethany Beach.................................... $5,500,000
Florida.................................... Camp Blanding................................... $9,000,000
Miramar.......................................... $20,000,000
Hawaii..................................... Kapolei......................................... $28,000,000
Idaho....................................... Orchard Training Area............................ $40,000,000
Indiana.................................... South Bend...................................... $21,000,000
Terra Haute..................................... $9,000,000
Iowa........................................ Camp Dodge....................................... $3,000,000
Kansas...................................... Topeka........................................... $9,500,000
Kentucky.................................... Frankfort........................................ $32,000,000
Massachusetts.............................. Camp Edwards.................................... $22,000,000
Minnesota.................................. Camp Ripley..................................... $17,000,000
Arden Hills...................................... $17,000,000
Missouri.................................... Fort Leonard Wood............................... $18,000,000
Kansas City...................................... $1,900,000
Monett........................................... $820,000
Perryville....................................... $700,000
Montana..................................... Miles City....................................... $11,000,000
New Jersey................................. Sea Girt........................................ $34,000,000
New York.................................... Stormville....................................... $24,000,000
Ohio........................................ Chillicothe...................................... $3,100,000
Delaware......................................... $12,000,000
Oklahoma................................... Camp Gruber..................................... $25,000,000
Utah....................................... Camp Williams................................... $36,000,000
Washington................................. Fort Lewis...................................... $35,000,000
West Virginia.............................. Logan........................................... $14,200,000
Wisconsin.................................. Wausau.......................................... $10,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2606
and available for the National Guard and Reserve as specified
in the funding table in section 4601, the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following
table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam.......................................... Barrigada...................................... $8,500,000
Puerto Rico.................................. Camp Santiago................................. $3,800,000
Ceiba.......................................... $2,200,000
Guaynabo....................................... $15,000,000
Gurabo......................................... $14,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army Reserve
locations inside the United States, and in the amounts, set
forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Fort Hunter Liggett........................... $68,300,000
Tustin......................................... $27,000,000
Illinois..................................... Fort Sheridan................................. $28,000,000
Maryland...................................... Aberdeen Proving Ground........................ $21,000,000
Baltimore...................................... $10,000,000
Massachusetts................................ Devens Reserve Forces Training Area........... $8,500,000
Nevada....................................... Las Vegas..................................... $21,000,000
New Jersey................................... Joint Base McGuire-Dix-Lakehurst.............. $7,400,000
Washington................................... Joint Base Lewis-McChord...................... $40,000,000
Wisconsin.................................... Fort McCoy.................................... $47,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the Navy Reserve
and Marine Corps Reserve locations inside the United States,
and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma........................................... $5,379,000
Iowa.......................................... Fort Des Moines................................ $19,162,000
Louisiana..................................... New Orleans.................................... $7,187,000
New York..................................... Brooklyn...................................... $4,430,000
Texas........................................ Fort Worth.................................... $11,256,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2606 and available for the
National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Fresno Yosemite International Airport Air $11,000,000
National Guard................................
Hawaii....................................... Joint Base Pearl Harbor-Hickam................ $6,500,000
New Mexico................................... Kirtland Air Force Base....................... $8,500,000
Wyoming...................................... Cheyenne Municipal Airport.................... $6,486,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECT.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2606 and available for the
National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out a military construction project for the
Air Force Reserve location inside the United States, and in the
amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
New York..................................... Niagara Falls International Airport........... $6,100,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2012, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), as specified in the funding table in
section 4601.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECTS.
(a) Authority to Carry Out Army National Guard Readiness
Center Project, North Las Vegas, Nevada.--In the case of the
authorization contained in the table in section 2601 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2648) for North Las
Vegas, Nevada, for construction of a Readiness Center, the
Secretary of the Army may construct up to 68,593 square feet of
readiness center, 10,000 square feet of unheated equipment
storage area, and 25,000 square feet of unheated vehicle
storage, consistent with the Army's construction guidelines for
readiness centers.
(b) Authority to Carry Out Army Reserve Center Project,
Miramar, California.--In the case of the authorization
contained in the table in section 2602 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2649) for Camp Pendleton,
California, for construction of an Army Reserve Center, the
Secretary of the Army may construct an Army Reserve Center in
the vicinity of the Marine Corps Air Station, Miramar,
California.
(c) Authority to Carry Out Army Reserve Center Project,
Bridgeport, Connecticut.--In the case of the authorization
contained in the table in section 2602 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2649) for Bridgeport,
Connecticut, for construction of an Army Reserve Center/Land,
the Secretary of the Army may construct an Army Reserve Center
and acquire land in the vicinity of Bridgeport, Connecticut.
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Authority to Carry Out Army Reserve Center Project,
Fort Story, Virginia.--In the case of the authorization
contained in the table in section 2602 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4453) for Fort Story,
Virginia, for construction of an Army Reserve Center, the
Secretary of the Army may construct an Army Reserve Center in
the vicinity of Fort Story, Virginia.
(b) Authority to Carry Out Army National Guard Project,
Fort Chaffee, Arkansas.--In the case of the authorization
contained in the table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4451) for Fort Chaffee,
Arkansas, for construction of a Live Fire Shoot House, the
Secretary of the Army may construct up to 5,869 square feet of
Live Fire Shoot House.
(c) Authority to Carry Out Army National Guard Project,
Windsor Locks, Connecticut.--In the case of the authorization
contained in the table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4451) for Windsor Locks,
Connecticut, for construction of a Readiness Center, the
Secretary of the Army may construct up to 119,510 square feet
of a Readiness Center.
(d) Authority to Carry Out Army National Guard Project,
Kalaeloa, Hawaii.--In the case of the authorization contained
in the table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public
Law 111-383; 124 Stat. 4451) for Kalaeloa, Hawaii, for
construction of a Combined Support Maintenance Shop, the
Secretary of the Army may construct up to 137,548 square feet
of a Combined Support Maintenance Shop.
(e) Authority to Carry Out Army National Guard Project,
Wichita, Kansas.--In the case of the authorization contained in
the table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public
Law 111-383; 124 Stat. 4451) for Wichita, Kansas, for
construction of a Field Maintenance Shop, the Secretary of the
Army may construct up to 62,102 square feet of a Field
Maintenance Shop.
(f) Authority to Carry Out Army National Guard Project,
Minden, Louisiana.--In the case of the authorization contained
in the table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public
Law 111-383; 124 Stat. 4451) for Minden, Louisiana, for
construction of a Readiness Center, the Secretary of the Army
may construct up to 90,944 square feet of a Readiness Center.
(g) Authority to Carry Out Army National Guard Project,
Saint Inigoes, Maryland.--In the case of the authorization
contained in the table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4451) for Saint Inigoes,
Maryland, for construction of a Tactical Unmanned Aircraft
System Facility, the Secretary of the Army may construct up to
10,298 square feet of a Tactical Unmanned Aircraft System
Facility.
(h) Authority to Carry Out Army National Guard Project,
Camp Grafton, North Dakota.--In the case of the authorization
contained in the table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4451) for Camp Grafton, North
Dakota, for construction of a Readiness Center, the Secretary
of the Army may construct up to 68,671 square feet of a
Readiness Center.
(i) Authority to Carry Out Army National Guard Project,
Watertown, South Dakota.--In the case of the authorization
contained in the table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4451) for Watertown, South
Dakota, for construction of a Readiness Center, the Secretary
of the Army may construct up to 97,865 square feet of a
Readiness Center.
(j) Authority to Carry Out Air National Guard Project,
Nashville, Tennessee.--In the case of the authorization
contained in the table in section 2604 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4453) for Nashville
International Airport, Tennessee, for renovation of an
Intelligence Squadron Facility, the Secretary of the Air Force
may convert up to 4,023 square meters of existing facilities to
bed down Intelligence Group and Remotely Piloted Aircraft
Remote Split Operations Group missions, consistent with the Air
National Guard's construction guidelines for these missions.
SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4658), the
authorization set forth in the table in subsection (b), as
provided in section 2604 of that Act (122 Stat. 4706), shall
remain in effect until October 1, 2013, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................ Gulfport-Biloxi Relocate Munitions $3,400,000
International Airport..... Complex.................
----------------------------------------------------------------------------------------------------------------
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the
authorizations set forth in the tables in subsection (b), as
provided in sections 2602 and 2604 of that Act (123 Stat. 2649,
2651), shall remain in effect until October 1, 2013, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2014, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as
follows:
Army Reserve: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Camp Pendleton.......... Army Reserve Center............ $19,500,000
Connecticut.......................... Bridgeport.............. Army Reserve Center/Land....... $18,500,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Gulfport-Biloxi Airport. Relocate Base Entrance........... $6,500,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure 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.
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.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2012, for base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 1990 established
by section 2906 of such Act as specified in the funding table
in section 4601.
SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2012, for base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005 established
by section 2906A of such Act as specified in the funding table
in section 4601.
Subtitle B--Other Matters
SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNTS
AND AUTHORIZED USES OF BASE CLOSURE ACCOUNT FUNDS.
(a) Establishment of Single Department of Defense Base
Closure Account; Use of Funds.--The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by striking sections
2906 and 2906A and inserting the following new section 2906:
``SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
``(a) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the `Department
of Defense Base Closure Account' which shall be administered by
the Secretary as a single account.
``(b) Credits to Account.--There shall be credited to the
Account the following:
``(1) Funds authorized for and appropriated to the
Account.
``(2) Funds transferred to the Account pursuant to
section 2711(b) of the Military Construction
Authorization Act for Fiscal Year 2013.
``(3) Funds that the Secretary may, subject to
approval in an appropriation Act, transfer to the
Account from funds appropriated to the Department of
Defense for any purpose, except that funds may be
transferred under the authority of this paragraph only
after the date on which the Secretary transmits written
notice of, and justification for, such transfer to the
congressional defense committees.
``(4) Proceeds received from the lease, transfer,
or disposal of any property at a military installation
closed or realigned under this part or the 1988 BRAC
law.
``(c) Use of Account.--
``(1) Authorized purposes.--The Secretary may use
the funds in the Account only for the following
purposes:
``(A) To carry out the Defense
Environmental Restoration Program under section
2701 of title 10, United States Code, and other
environmental restoration and mitigation
activities at military installations closed or
realigned under this part or the 1988 BRAC law.
``(B) To cover property management,
disposal, and caretaker costs incurred at
military installations closed or realigned
under this part or the 1988 BRAC law.
``(C) To cover costs associated with
supervision, inspection, overhead, engineering,
and design of military construction projects
undertaken under this part or the 1988 BRAC law
before September 30, 2013, and subsequent
claims, if any, related to such activities.
``(D) To record, adjust, and liquidate
obligations properly chargeable to the
following accounts:
``(i) The Department of Defense
Base Closure Account 2005 established
by section 2906A of this part, as in
effect on September 30, 2013.
``(ii) The Department of Defense
Base Closure Account 1990 established
by this section, as in effect on
September 30, 2013.
``(iii) The Department of Defense
Base Closure Account established by
section 207 of the 1988 BRAC law, as in
effect on September 30, 2013.
``(2) Sole source of funds.--The Account shall be
the sole source of Federal funds for the activities
specified in paragraph (1) at a military installation
closed or realigned under this part or the 1988 BRAC
law.
``(3) Prohibition on use of account for new
military construction.--Except as provided in paragraph
(1), funds in the Account may not be used, directly or
by transfer to another appropriations account, to carry
out a military construction project, including a minor
military construction project, under section 2905(a) or
any other provision of law at a military installation
closed or realigned under this part or the 1988 BRAC
law.
``(d) Disposal or Transfer of Commissary Stores and
Property Purchased With Nonappropriated Funds.--
``(1) Deposit of proceeds in reserve account.--If
any real property or facility acquired, constructed, or
improved (in whole or in part) with commissary store
funds or nonappropriated funds is transferred or
disposed of in connection with the closure or
realignment of a military installation under this part,
a portion of the proceeds of the transfer or other
disposal of property on that installation shall be
deposited in the reserve account established under
section 204(b)(7)(C) of the 1988 BRAC law.
``(2) The amount so deposited under paragraph (1)
shall be equal to the depreciated value of the
investment made with such funds in the acquisition,
construction, or improvement of that particular real
property or facility. The depreciated value of the
investment shall be computed in accordance with
regulations prescribed by the Secretary.
``(3) Use of reserve funds.--Subject to the
limitation contained in section 204(b)(7)(C)(iii) of
the 1988 BRAC law, amounts in the reserve account are
hereby made available to the Secretary, without
appropriation and until expended, for the purpose of
acquiring, constructing, and improving--
``(A) commissary stores; and
``(B) real property and facilities for
nonappropriated fund instrumentalities.
``(e) Consolidated Budget Justification Display for
Account.--
``(1) Consolidated budget information required.--
The Secretary shall establish a consolidated budget
justification display in support of the Account that
for each fiscal year--
``(A) details the amount and nature of
credits to, and expenditures from, the Account
during the preceding fiscal year;
``(B) separately details the caretaker and
environmental remediation costs associated with
each military installation for which a budget
request is made;
``(C) specifies the transfers into the
Account and the purposes for which these
transferred funds will be further obligated, to
include caretaker and environment remediation
costs associated with each military
installation;
``(D) specifies the closure or realignment
recommendation, and the base closure round in
which the recommendation was made, that
precipitated the inclusion of the military
installation; and
``(E) details any intra-budget activity
transfers within the Account that exceeded
$1,000,000 during the preceding fiscal year or
that are proposed for the next fiscal year and
will exceed $1,000,000.
``(2) Submission.--The Secretary shall include the
information required by paragraph (1) in the materials
that the Secretary submits to Congress in support of
the budget for a fiscal year submitted by the President
pursuant to section 1105 of title 31, United States
Code.
``(f) Closure of Account; Treatment of Remaining Funds.--
``(1) Closure.--The Account shall be closed at the
time and in the manner provided for appropriation
accounts under section 1555 of title 31, United States
Code, except that unobligated funds which remain in the
Account upon closure shall be held by the Secretary of
the Treasury until transferred by law after the
congressional defense committees receive the final
report transmitted under paragraph (2).
``(2) Final report.--No later than 60 days after
the closure of the Account under paragraph (1), the
Secretary shall transmit to the congressional defense
committees a report containing an accounting of--
``(A) all the funds credited to and
expended from the Account or otherwise expended
under this part or the 1988 BRAC law; and
``(B) any funds remaining in the Account.
``(g) Definitions.--In this section:
``(1) The term `commissary store funds' means funds
received from the adjustment of, or surcharge on,
selling prices at commissary stores fixed under section
2685 of title 10, United States Code.
``(2) The term `nonappropriated funds' means funds
received from a nonappropriated fund instrumentality.
``(3) The term `nonappropriated fund
instrumentality' means an instrumentality of the United
States under the jurisdiction of the Armed Forces
(including the Army and Air Force Exchange Service, the
Navy Resale and Services Support Office, and the Marine
Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental
improvement of members of the Armed Forces.
``(4) The term `1988 BRAC law' means title II of
the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).''.
(b) Closure of Existing Current Accounts; Transfer of
Funds.--
(1) Closure.--Subject to paragraph (2), the
Secretary of the Treasury shall close, pursuant to
section 1555 of title 31, United States Code, the
following accounts on the books of the Treasury:
(A) The Department of Defense Base Closure
Account 2005 established by section 2906A of
the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as in effect on the
effective date of this section.
(B) The Department of Defense Base Closure
Account 1990 established by section 2906 of the
Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as in effect on the
effective date of this section.
(C) The Department of Defense Base Closure
Account established by section 207 of the
Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note), as in effect on the
effective date of this section.
(2) Transfer of funds.--All amounts remaining in
the three accounts specified in paragraph (1) as of the
effective date of this section, shall be transferred,
effective on that date, to the Department of Defense
Base Closure Account established by section 2906 of the
Defense Base Closure and Realignment Act of 1990, as
added by subsection (a).
(3) Cross references.--Except as provided in this
subsection or the context requires otherwise, any
reference in a law, regulation, document, paper, or
other record of the United States to an account
specified in paragraph (1) shall be deemed to be a
reference to the Department of Defense Base Closure
Account established by section 2906 of the Defense Base
Closure and Realignment Act of 1990, as added by
subsection (a).
(c) Conforming Amendments.--
(1) Repeal of former account.--Section 207 of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note) is repealed.
(2) Repeal of obsolete reporting requirement.--
Section 2907 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note) is repealed.
(3) Definition.--
(A) 1990 law.--Section 2910(1) of the
Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended by
striking ``1990 established by section
2906(a)(1)'' and inserting ``established by
section 2906(a)''.
(B) 1988 law.--The Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is
amended--
(i) in section 204(b)(7)(A), by
striking ``established by section
207(a)(1)''; and
(ii) in section 209(1), by striking
``established by section 207(a)(1)''
and inserting ``established by section
2906(a) of the Defense Base Closure and
Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10
U.S.C. 2687 note)''.
(4) Environmental restoration.--Chapter 160 of
title 10, United States Code, is amended--
(A) in section 2701(d)(2), by striking
``Department of Defense Base Closure Account
1990 or the Department of Defense Base Closure
Account 2005 established under sections 2906
and 2906A'' and inserting ``Department of
Defense Base Closure Account established by
section 2906'';
(B) in section 2703(h)--
(i) by striking ``the applicable
Department of Defense base closure
account'' and inserting ``the
Department of Defense Base Closure
Account established under section 2906
of the Defense Base Closure and
Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10
U.S.C. 2687 note)''; and
(ii) by striking ``the applicable
base closure account'' and inserting
``such base closure account''; and
(C) in section 2705(g)(2), by striking
``Closure Account 1990'' and inserting
``Closure Account''.
(5) Department of defense housing funds.--Section
2883 of such title is amended--
(A) in subsection (c)--
(i) by striking subparagraph (G) of
paragraph (1); and
(ii) by striking subparagraph (G)
of paragraph (2); and
(B) in subsection (f)--
(i) in the first sentence, by
striking ``or (G)'' both places it
appears; and
(ii) by striking the second
sentence.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the later of--
(1) October 1, 2013; and
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2014.
SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RESTRICTIONS AND
COMPTROLLER GENERAL ASSESSMENT OF DEPARTMENT OF
DEFENSE COMPLIANCE WITH CODIFIED BASE CLOSURE AND
REALIGNMENT RESTRICTIONS.
(a) Civilian Personnel Reductions Below Prescribed
Thresholds.--Section 2687 of title 10, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection
(g) and moving such subsection to the end of the
section;
(2) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(3) by inserting after subsection (b) the following
new subsection (c):
``(c) No action described in subsection (a) with respect to
the closure of, or realignment with respect to, any military
installation referred to in such subsection may be taken within
five years after the date on which a decision is made to reduce
the civilian personnel thresholds below the levels prescribed
in such subsection.''.
(b) Comptroller General Assessment.--Not later than 180
days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report reviewing the process
and criteria used by the Department of Defense to make
decisions relating to closures and realignments at military
installations, including closures and realignments occurring
both above and below the threshold levels specified in section
2687 of title 10, United States Code.
(c) Conforming Amendments Relating to Redesignation of
Definitions Subsection.--Title 10, United States Code, is
amended as follows:
(1) Section 2391(d)(1) is amended by striking
``section 2687(e)'' and inserting ``section 2687''.
(2) Section 2667(i)(3) is amended by striking
``section 2687(e)(1)'' and inserting ``section 2687''.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authorized cost and scope variations.
Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing
privatization projects and related annual reporting
requirements.
Sec. 2804. Extension of temporary, limited authority to use operation
and 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.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS.
Section 2853 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``was approved
originally'' and inserting ``was authorized'';
(2) in subsection (b)--
(A) in paragraph (1), by adding at the end
the following: ``Any reduction in scope of work
for a military construction project shall not
result in a facility or item of infrastructure
that is not complete and useable or does not
fully meet the mission requirement contained in
the justification data provided to Congress as
part of the request for authorization of the
project, construction, improvement, or
acquisition.''; and
(B) by adding at the end the following new
paragraph:
``(3) In this subsection, the term `scope of work' refers
to the function, size, or quantity of a facility or item of
complete and useable infrastructure contained in the
justification data provided to Congress as part of the request
for authorization of the project, construction, improvement, or
acquisition.'';
(3) in subsection (c)(1)(A), by striking ``and the
reasons therefor, including a description'' and
inserting ``, the reasons therefor, a certification
that the mission requirement identified in the
justification data provided to Congress can be still be
met with the reduced scope, and a description''; and
(4) by adding at the end the following new
subsection:
``(e) Notwithstanding the authority under subsections (a)
through (d), the Secretary concerned shall ensure compliance of
contracts for military construction projects and for the
construction, improvement, and acquisition of military family
housing projects with section 1341 of title 31 (commonly
referred to as the `Anti-Deficiency Act').''.
SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR MILITARY
INSTALLATIONS.
(a) Military Installation Master Plans.--Subchapter III of
chapter 169 of title 10, United States Code, is amended by
inserting after section 2863 the following new section:
``Sec. 2864. Master plans for major military installations
``(a) Plans Required.--At a time interval prescribed by the
Secretary concerned (but not less frequently than once every 10
years), the commander of each major military installation under
the jurisdiction of the Secretary shall ensure that an
installation master plan is developed to address environmental
planning, sustainable design and development, sustainable range
planning, real property master planning, and transportation
planning.
``(b) Transportation Component.--The transportation
component of the master plan for a major military installation
shall be developed and updated in consultation with the
metropolitan planning organization designated for the
metropolitan planning area in which the military installation
is located.
``(c) Definitions.--In this section:
``(1) The term `major military installation' has
the meaning given to the term `large site' in the most
recent version of the Department of Defense Base
Structure Report issued before the time interval
prescribed for development of installation master plans
arises under subsection (a).
``(2) The terms `metropolitan planning area' and
`metropolitan planning organization' have the meanings
given those terms in section 134(b) of title 23 and
section 5303(b) of title 49.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by inserting after the item relating to section 2863
the following new item:
``2864. Master plans for major military installations.''.
SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING
PRIVATIZATION PROJECTS AND RELATED ANNUAL REPORTING
REQUIREMENTS.
(a) Financial Integrity and Accountability Measures for
Sustainment of Privatization Projects.--
(1) Financial integrity and accountability measures
required.--Section 2885 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Financial Integrity and Accountability Measures.--(1)
The regulations required by subsection (a) shall address the
following requirements for each military housing privatization
project upon the completion of the construction or renovation
of the housing units:
``(A) The financial health and performance of the
privatization project, including the debt-coverage
ratio of the project and occupancy rates for the
housing units.
``(B) An assessment of the backlog of maintenance
and repair of the housing units.
``(2) If the debt service coverage for a military housing
privatization project falls below 1.0 or the occupancy rates
for the housing units of the project are below 75 percent for
more than one year, the Secretary concerned shall require the
development of a plan to address the financial risk of the
project.''.
(2) Conforming amendment.--Subsection (a) of such
section is amended in the matter preceding paragraph
(1) by inserting before the period at the end of the
first sentence the following: ``during the course of
the construction or renovation of the housing units''.
(b) Annual Reporting Requirements.--Section 2884 of such
title is amended by striking subsection (b) and inserting the
following new subsections:
``(b) Annual Reports to Accompany Budget Materials.--The
Secretary of Defense shall include each year in the materials
that the Secretary submits to Congress in support of the budget
submitted by the President pursuant to section 1105 of title 31
the following:
``(1) A separate report on the expenditures and
receipts during the preceding fiscal year covering each
of the Funds established under section 2883 of this
title, including a description of the specific
construction, acquisition, or improvement projects from
which funds were transferred and the privatization
projects or contracts to which those funds were
transferred. Each report shall also include, for each
military department or defense agency, a description of
all funds to be transferred to such Funds for the
current fiscal year and the next fiscal year.
``(2) A report setting forth, by armed force, the
following:
``(A) An estimate of the amounts of basic
allowance for housing under section 403 of
title 37 that will be paid, during the current
fiscal year and the fiscal year for which the
budget is submitted, to members of the armed
forces living in housing provided under the
authorities in this subchapter.
``(B) The number of units of military
family housing and military unaccompanied
housing upon which the estimate under
subparagraph (A) for the current fiscal year
and the next fiscal year is based.
``(3) A description of the plans for housing
privatization activities to be carried out under this
subchapter--
``(A) during the fiscal year for which the
budget is submitted; and
``(B) during the period covered by the
then-current future-years defense plan under
section 221 of this title.
``(4) A report identifying each family housing unit
acquired or constructed under this subchapter that is
used, or intended to be used, as quarters for a general
officer or flag officer and for which the total
operation, maintenance, and repair costs for the unit
exceeded $50,000. For each housing unit so identified,
the report shall also include the total of such
operation, maintenance, and repair costs.
``(c) Annual Report on Privatization Projects.--The
Secretary of Defense shall submit to the congressional defense
committees a semi-annual report containing on evaluation of the
status of oversight and accountability measures under section
2885 of this title for military housing privatization projects.
To the extent each Secretary concerned has the right to attain
the information described in this subsection, each report shall
include, at a minimum, the following:
``(1) An assessment of the backlog of maintenance
and repair at each military housing privatization
project where a significant backlog exists, including
an estimation of the cost of eliminating the
maintenance and repair backlog.
``(2) If the debt associated with a privatization
project exceeds net operating income or the occupancy
rates for the housing units are below 75 percent for
more than one year, the plan developed to mitigate the
financial risk of the project.
``(3) An assessment of any significant project
variances between the actual and pro forma deposits in
the recapitalization account.
``(4) The details of any significant withdrawals
from a recapitalization account, including the purpose
and rationale of the withdrawal and, if the withdrawal
occurs before the normal recapitalization period, the
impact of the early withdrawal on the financial health
of the project.
``(5) An assessment of the extent to which the
information required to comply with paragraphs (1)
through (4) has been requested by the Secretaries, but
has not been made available.
``(6) An assessment of cost assessed to members of
the armed forces for utilities compared to utility
rates in the local area.''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN
CERTAIN AREAS OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as most recently amended by section 2804 of the
Military Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1685), is further
amended--
(1) in subsection (c)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (2); and
(C) in paragraph (2), as so redesignated,
by striking the second sentence; and
(2) in subsection (h)--
(A) in paragraph (1), by striking
``September 30, 2012'' and inserting
``September 30, 2013''; and
(B) in paragraph (2), by striking ``fiscal
year 2013'' and inserting ``fiscal year 2014''.
SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND PAYMENTS.
(a) Reports Required.--
(1) Initial report.--Not later than 270 days after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the
construction or renovation of Department of Defense
facilities with in-kind payments. The report shall
cover construction or renovation projects begun during
the preceding two years.
(2) Updates.--Not later than one year after
submitting the report required under paragraph (1), and
annually thereafter for three years, the Comptroller
General shall submit to the congressional defense
committees a report covering projects begun since the
most recent report.
(b) Content.--Each report required under subsection (a)
shall include the following elements:
(1) A listing of each facility constructed or
renovated for the Department of Defense as payment in
kind.
(2) The value in United States dollars of that
construction or renovation.
(3) The source of the in-kind payment.
(4) The agreement pursuant to which the in-kind
payment was made.
(5) A description of the purpose and need for the
construction or renovation.
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.
Section 2869(a)(1) of title 10, United States Code, is
amended--
(1) by striking ``any eligible entity'' and
inserting ``any person'';
(2) by striking ``the entity'' and inserting ``the
person''; and
(3) by striking ``their control'' and inserting
``the person's control''.
SEC. 2812. IDENTIFICATION REQUIREMENTS FOR ACCESS TO MILITARY
INSTALLATIONS.
(a) Procedural Requirements for Identification
Verification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall publish
procedural requirements regarding access to military
installations in the United States by individuals, including
individuals performing work under a contract awarded by the
Department of Defense. The procedural requirements may vary
between military installations, or parts of installations,
depending on the nature of the installation, the nature of the
access granted, and the level of security required.
(b) Issues Addressed.--The procedures required by
subsection (a) shall address, at a minimum, the following:
(1) The forms of identification to be required to
permit entry.
(2) The measures to be used to verify the
authenticity of such identification and identify
individuals who seek unauthorized access to a military
installation through the use of fraudulent
identification or other means.
(3) The measures to be used to notify Department of
Defense security personnel of any attempt to gain
unauthorized access to a military installation.
SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN CLOSED MILITARY
INSTALLATIONS AND ADDITIONAL AUTHORITIES TO ASSIST
LOCAL COMMUNITIES IN THE VICINITY OF SUCH
INSTALLATIONS.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the disposition of any closure of an active-duty military
installation since 1988 in the United States that--
(1) was not subject to the property disposal
provisions contained in the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note); and
(2) for which property disposals have not been
completed as of the date of the enactment of this Act.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the status of property
described in subsection (a).
(2) An assessment of the environmental conditions
of, and plans and costs for environmental remediation
for, each such property;
(3) The plan and schedule, if currently available,
for the disposal of each such property.
(4) A description of additional future financial
liability or other policy impacts to the Department of
Defense that are likely to be incurred in the event
that statutory authorities provided by Congress in
connection with the disposition of military
installations closed under a base closure law are
extended to military installations closed apart from a
base closure law and for which property disposals have
not been completed as of the date of the enactment of
this Act.
(5) Such recommendations, if any, as the Secretary
of Defense considers appropriate for additional
authorities to assist the Department in expediting the
disposal of property at closed military installations
in order to facilitate economic redevelopment for local
communities.
(c) Definitions.--In this section:
(1) The term ``base closure law'' has the meaning
given that term in section 101(a)(17) of title 10,
United States Code.
(2) The term ``military installation'' means a
base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the
jurisdiction of the Department of Defense in the United
States.
(3) The term ``United States'' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and Guam.
SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE MATERIEL COMMAND
ORGANIZATIONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the reorganization of Air Force Materiel Command
organizations.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An assessment of the efficiencies and
effectiveness associated with the reorganization of Air
Force Materiel Command organizations.
(2) An assessment of the organizational construct
to determine how institutional synergies that were
previously available in a collocated center can be
replicated in the new Air Force Materiel Command Center
reorganization, including an assessment of the
following Air Force Materiel Command capabilities:
(A) Science and Technology, Acquisition.
(B) Developmental Test and Evaluation.
(3) An assessment of synergistic efficiencies
associated with capabilities of collocated
organizations of other commands, including an
assessment of the impact of the reorganization of the
Air Force Materiel Command on the responsibilities of
other commands regarding the following:
(A) Operational Test and Evaluation.
(B) Follow-on Operational Test and
Evaluation.
(4) An assessment of how the Air Force
reorganization of Air Force Materiel Command is in
adherence with section 2687 of title 10, United States
Code.
(5) An analysis of the extent to which the proposed
changes in the Air Force management structure were
coordinated with the Office of the Secretary of Defense
and the degree to which any concerns raised by such
Office were addressed in the approach selected by the
Air Force.
Subtitle C--Energy Security
SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CONTRACTS FOR THE PROVISION
AND OPERATION OF ENERGY PRODUCTION FACILITIES
AUTHORIZED TO BE LOCATED ON REAL PROPERTY UNDER THE
JURISDICTION OF A MILITARY DEPARTMENT.
Section 2662(a)(1) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(H) Any transaction or contract action for the
provision and operation of energy production facilities
on real property under the jurisdiction of the
Secretary of a military department, as authorized by
section 2922a(a)(2) of this title, if the term of the
transaction or contract exceeds 20 years.''.
SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE ENERGY COST
SAVINGS TO PROMOTE ENERGY SECURITY.
Section 2912(b)(1) of title 10, United States Code, is
amended by inserting after ``additional energy conservation''
the following: ``and energy security''.
SEC. 2823. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) GOLD OR
PLATINUM CERTIFICATION.
(a) Additional Requirements for Report on Energy-efficiency
Standards.--Subsection (a) of section 2830 of the Military
Construction Authorization Act for Fiscal Year 2012 (division B
of Public Law 112-81; 125 Stat. 1695) is amended--
(1) in paragraph (1), by striking ``Not later than
June 30, 2012, the'' and inserting ``The''; and
(2) by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) Department of defense unified facilities
criteria and related policies.--The report shall also
include the Department of Defense Unified Facilities
Criteria and related Department of Defense policies,
which shall be updated--
``(A) to reflect comprehensive guidance for
the pursuit of design and building standards
throughout the Department of Defense that
specifically address energy- and water-
efficient standards and sustainable design
attributes for military construction based on
the cost-benefit analysis, return on
investment, total ownership costs, and
demonstrated payback of the design standards
specified in subparagraphs (A), (B), (C), and
(D) of paragraph (2); and
``(B) to ensure that the building design
and certification standards are applied to each
military construction project based on
geographic location and local circumstances to
ensure maximum savings.''.
(b) Prohibition on Use of Funds for LEED Gold or Platinum
Certification Pending Report.--Subsection (b)(1) of such
section is amended--
(1) by striking ``for fiscal year 2012'' and
inserting ``for fiscal year 2012 or 2013''; and
(2) by inserting before the period at the end the
following: ``until the report required by subsection
(a) is submitted to the congressional defense
committees''.
SEC. 2824. GUIDANCE ON FINANCING FOR RENEWABLE ENERGY PROJECTS.
(a) Guidance on Use of Available Financing Approaches.--
(1) Issuance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall--
(A) issue guidance about the use of
available financing approaches for financing
renewable energy projects; and
(B) direct the Secretaries of the military
departments to update their military
department-wide guidance accordingly.
(2) Elements.--The guidance issued pursuant to
paragraph (1) should describe the requirements and
restrictions applicable to the underlying authorities
and any Department of Defense-specific guidelines for
using appropriated funds and alternative-financing
approaches for renewable energy projects to maximize
cost savings and energy efficiency for the Department
of Defense.
(b) Guidance on Use of Business Case Analyses.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall issue guidance that establishes and
clearly describes the processes used by the military
departments to select financing approaches for renewable energy
projects to ensure that business case analyses are completed to
maximize cost savings and energy efficiency and mitigate
drawbacks and risks associated with different financing
approaches.
(c) Information Sharing.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop a formalized communications process, such as a
shared Internet website, that will enable officials at military
installations to have timely access on an ongoing basis to
information related to financing renewable energy projects on
other installations, including best practices and lessons that
officials at other installations have learned from their
experiences in financing renewable energy projects.
(d) Consultation.--The Secretary of Defense shall issue the
guidance under subsections (a) and (b) and develop the
communications process under subsection (c) in consultation
with the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Deputy Under Secretary of
Defense for Installations and Environment. The Secretary of
Defense shall also issue the guidance under subsection (b) in
consultation with the Secretaries of the military departments.
SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT.
(a) Report Required.--Not later than June 30, 2013, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of energy savings performance
contracts awarded by the Department of Defense during calendar
years 2010, 2011, and 2012.
(b) Elements of Report.--The report shall include the
following (identified for each military department separately):
(1) The amount of appropriated funds that were
obligated or expended during calendar years 2010, 2011,
and 2012 for energy savings performance contracts and
any funds remaining to be obligated or expended for
such energy savings performance contracts.
(2) The amount of such funds that have been used
for comprehensive retrofits.
(3) The amount of such funds that have been used to
leverage private sector capital, including the amount
of such capital.
(4) The amount of savings that have been achieved,
or that are expected to be achieved, as a result of
such energy savings performance contracts.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
SEC. 2831. CERTIFICATION OF MILITARY READINESS NEED FOR A LIVE FIRE
TRAINING RANGE COMPLEX ON GUAM AS CONDITION ON
ESTABLISHMENT OF RANGE COMPLEX.
A Live Fire Training Range Complex on Guam may not be
established (including any construction or lease of lands
related to such establishment) in coordination with the
realignment of United States Armed Forces in the Pacific until
the Secretary of Defense certifies to the congressional defense
committees that there is a military training and readiness
requirement for the Live Fire Training Range Complex.
SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC REGION.
(a) Restriction on Use of Funds for Realignment.--Except as
provided in subsection (c), none of the funds authorized to be
appropriated under this Act, and none of the amounts provided
by the Government of Japan for construction activities on land
under the jurisdiction of the Department of Defense, may be
obligated to implement the realignment of Marine Corps forces
from Okinawa to Guam or Hawaii until each of the following
occurs:
(1) The Commander of the United States Pacific
Command provides to the congressional defense
committees an assessment of the strategic and
logistical resources needed to ensure the distributed
lay-down of members of the Marine Corps in the United
States Pacific Command Area of Responsibility meets the
contingency operations plans.
(2) The Secretary of Defense submits to the
congressional defense committees master plans for the
construction of facilities and infrastructure to
execute the Marine Corps distributed lay-down on Guam
and Hawaii, including a detailed description of costs
and the schedule for such construction.
(3) The Secretary of the Navy submits a plan to the
congressional defense committees detailing the proposed
investments and schedules required to restore
facilities and infrastructure at Marine Corps Air
Station Futenma.
(4) A plan coordinated by all pertinent Federal
agencies is provided to the congressional defense
committees detailing descriptions of work, costs, and a
schedule for completion of construction, improvements,
and repairs to the non-military utilities, facilities,
and infrastructure, if any, on Guam affected by the
realignment of forces.
(b) Restriction on Development of Public Infrastructure.--
If the Secretary of Defense determines that any grant,
cooperative agreement, transfer of funds to another Federal
agency, or supplement of funds available in fiscal year 2012 or
2013 under Federal programs administered by agencies other than
the Department of Defense will result in the development
(including repair, replacement, renovation, conversion,
improvement, expansion, acquisition, or construction) of public
infrastructure on Guam, the Secretary of Defense may not carry
out such grant, transfer, cooperative agreement, or
supplemental funding unless such grant, transfer, cooperative
agreement, or supplemental funding is specifically authorized
by law.
(c) Exceptions to Funding Restriction.--The Secretary of
Defense may use funds described in subsection (a)--
(1) to complete additional analysis or studies
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for proposed actions on
Guam or Hawaii;
(2) to initiate planning and design of construction
projects at Andersen Air Force Base and Andersen South;
and
(3) to carry out any military construction project
for which an authorization of appropriations is
provided in section 2204, as specified in the funding
table in section 4601.
(d) Definitions.--In this section:
(1) Distributed lay-down.--The term ``distributed
lay-down'' refers to the planned distribution of
members of the Marine Corps in Okinawa, Guam, Hawaii,
Australia, and possibly elsewhere that is contemplated
in support of the joint statement of the United States-
Japan Security Consultative Committee issued April 26,
2012, in the District of Columbia (April 27, 2012, in
Tokyo).
(2) Public infrastructure.--The term ``public
infrastructure'' means any utility, method of
transportation, item of equipment, or facility under
the control of a public entity or State or local
government that is used by, or constructed for the
benefit of, the general public.
(e) Repeal of Superseded Law.--Section 2207 of the Military
Construction Authorization Act for Fiscal Year 2012 (division B
of Public Law 112-81; 125 Stat. 1668) is repealed.
Subtitle E--Land Conveyances
SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDERATION, BROADWAY COMPLEX
OF THE DEPARTMENT OF THE NAVY, SAN DIEGO,
CALIFORNIA.
Section 2732(b)(1)(A) of the Military Construction
Authorization Act, 1987 (division B of Public 99-661; 100 Stat.
4046) is amended by striking ``constructed on such real
property by the lessees.'' and inserting the following:
``constructed by the lessees--
``(i) on such real property; or
``(ii) on other real property within the boundaries
of the metropolitan San Diego, California, area.''.
SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYNDALL AIR FORCE BASE,
FLORIDA.
Section 2862(c) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 869) is amended by striking ``construct or improve
military family housing units'' and all that follows through
the period at the end and inserting ``improve or repair
facilities at Tyndall Air Force Base.''.
SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, WARREN,
OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Village of Lordstown,
Ohio (in this section referred to as the ``Village''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 6.95 acres and containing the John
Kunkel Army Reserve Center located at 4967 Tod Avenue in
Warren, Ohio, for the purpose of permitting the Village to use
the parcel for public purposes.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed to the Village, the
Secretary may lease the property to the Village.
(c) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in subsection (a) or that the Village has
violated a condition imposed by subsection (e), all right,
title, and interest in and to such real property, including any
improvements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the
United States shall have the right of immediate entry onto such
real property. A determination by the Secretary under this
subsection shall be made on the record after an opportunity for
a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require
the Village to cover costs (except costs for
environmental remediation of the property) to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to
carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and any other administrative costs
related to the conveyance. If amounts are collected
from the Village in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the Village.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out
the conveyance. Amounts so credited shall be merged
with amounts in such fund or account, and shall be
available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account.
(e) Conditions of Conveyance.--The conveyance of the real
property under subsection (a) shall be subject to the following
conditions:
(1) That the Village not use any Federal funds to
cover any portion of the conveyance costs required by
subsection (d) to be paid by the Village or to cover
the costs for the design or construction of any
facility on the property.
(2) That the Village begin using the property for
public purposes before the end of the five-year period
beginning on the date of conveyance.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.
(a) Conveyance Authorized.--
(1) Conveyance authority.--The Secretary of the
Army may convey, without consideration, to the Parks
and Wildlife Department of the State of Texas (in this
section referred to as the ``Department'') all right,
title, and interest of the United States in and to a
parcel of real property, including any improvements
thereon, consisting of approximately 7,081 acres at
Fort Bliss, Texas, for the purpose of permitting the
Department to establish and operate a park as an
element of the Franklin Mountains State Park.
(2) Piecemeal conveyances.--In anticipation of the
conveyance of the entire parcel of real property
described in paragraph (1), the Secretary may subdivide
the parcel and convey to the Department portions of the
real property as the Secretary determines that the
condition of the real property is compatible with the
Department's intended use of the property.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to such real
property, including any improvements thereto, shall, at the
option of the Secretary, revert to and become the property of
the United States, and the United States shall have the right
of immediate entry onto such real property. A determination by
the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require
the Department to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the land
conveyance under this section, including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If
amounts are collected from the Department in advance of
the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by
the Secretary to carry out the land exchange, the
Secretary shall refund the excess amount to Department.
This paragraph does not apply to costs associated with
the environmental remediation of the property to be
conveyed.
(2) Treatment of amounts received.--Amounts
received as reimbursements under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
land exchange. Amounts so credited shall be merged with
amounts in such fund or account and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(c) Description of Property.--The exact acreage and legal
descriptions of the parcels of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT HOOD, TEXAS.
Section 2848(a) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2140) is amended by striking ``for the sole purpose'' and
all that follows through ``Central Texas.'' and inserting the
following: ``for the purpose of permitting the University
System to use the property--
``(1) for the establishment of a State-supported
university, separate from other universities of the
University System, designated as Texas A&M University,
Central Texas; and
``(2) for such other educational purposes as the
University System considers to be appropriate and the
Secretary of the Army determines to be compatible with
military activities in the vicinity of the property.''.
SEC. 2846. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY
RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Utah Department
of Veterans Affairs (in this section referred to as the
``Department'') all right, title, and interest of the United
States in and to a parcel of unimproved real property
consisting of approximately five acres of the Local Training
Area for the Browning Army Reserve Center, Utah, for the
purpose of constructing and operating a Community Based
Outpatient Clinic adjacent to the George E. Wahlen Veterans
Home in Ogden, Utah.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require
the Department to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, costs
related to environmental documentation, and other
administrative costs related to the conveyance. If
amounts paid to the Secretary in advance exceed the
costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the Department.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Department. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as
amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2851. MODIFICATION OF NOTICE REQUIREMENTS IN ADVANCE OF PERMANENT
REDUCTION OF SIZABLE NUMBERS OF MEMBERS OF THE
ARMED FORCES AT MILITARY INSTALLATIONS.
(a) Calculation of Number of Affected Members.--Subsection
(a) of section 993 of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In
calculating the number of members to be reduced, the Secretary
shall take into consideration both direct reductions and
indirect reductions.''.
(b) Notice Requirements.--Subsection (b) of such section is
amended by striking paragraphs (1) through (3) and inserting
the following new paragraphs:
``(1) the Secretary of Defense or the Secretary of
the military department concerned--
``(A) submits to Congress a notice of the
proposed reduction and the number of military
and civilian personnel assignments affected,
including reductions in base operations support
services and personnel to occur because of the
proposed reduction; and
``(B) includes in the notice a
justification for the reduction and an
evaluation of the costs and benefits of the
reduction and of the local economic, strategic,
and operational consequences of the reduction;
and
``(2) a period of 90 days expires following the day
on which the notice is submitted to Congress.''.
(c) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `indirect reduction' means
subsequent planned reductions or relocations in base
operations support services and personnel able to occur
due to the direct reductions.
``(2) The term `military installation' means a
base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including
any leased facility, which is located within any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana
Islands, or Guam. Such term does not include any
facility used primarily for civil works, rivers and
harbors projects, or flood control projects.''.
SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUPPORT MILITARY MUSEUM
PROGRAMS AND USE OF COOPERATIVE AGREEMENTS WITH
NONPROFIT ENTITIES FOR MILITARY MUSEUM AND MILITARY
EDUCATIONAL INSTITUTION PROGRAMS.
(a) Acceptance of Gifts and Services.--
(1) In general.--Subsection (a) of section 2601 of
title 10, United States Code, is amended--
(A) by striking ``Subject to subsection
(d)(2), the'' and inserting ``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) Notwithstanding section 1342 of title 31, the
Secretary concerned may accept a gift of services for a
military museum program from a nonprofit entity established for
the purpose of supporting a military museum program. Employees
or personnel of a nonprofit entity who provide a gift of
services under this subparagraph may not be considered to be
employees of the United States.
``(B) For the use and benefit of a military museum program,
the Secretary concerned may solicit from a bona fide collector
a gift of books, manuscripts, works of art, historical
artifacts, drawings, plans, models, or condemned or obsolete
combat materiel.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b)(1), by striking
``Subject to subsection (d)(2), the'' and
inserting ``The'';
(B) in subsection (d)--
(i) in paragraph (1), by striking
``subsection (b)'' and inserting ``such
subsections''; and
(ii) in paragraph (2), by striking
``and money may not be accepted under
subsection (a) and property, money, and
services may not be accepted under
subsection'' and inserting ``, money,
and services may not be accepted under
subsection (a) or''; and
(C) in subsection (f), by striking ``or
money accepted under subsection (a) and any
property, money, or services accepted under
subsection'' and inserting ``, money, or
services accepted under subsection (a) or''.
(b) Authority for Cooperative Agreements.--
(1) In general.--Chapter 155 of such title is
amended by adding at the end the following new section:
``Sec. 2615. Military museums and military education programs:
cooperative agreement authority
``(a) Use Authorized.--The Secretary concerned may enter
into a cooperative agreement with a nonprofit entity for
purposes related to--
``(1) a military museum program; or
``(2) the support of a military educational
institution program.
``(b) Cooperative Agreement Described.--For purposes of
subsection (a), an authorized cooperative agreement is
described in section 6305 of title 31, except that the use of a
cooperative agreement by the Secretary concerned is limited to
nonprofit entities.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2615. Military museums and military education programs: cooperative
agreement authority.''.
SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS APPLICABLE
TO FUNDING FOR DATA SERVERS AND CENTERS.
Section 2867(c) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112-81; 125
Stat. 1706; 10 U.S.C. 2223a note) is amended--
(1) by striking ``Exception.--The Chief'' and
inserting the following: ``Exceptions.--
``(1) Intelligence components.--The Chief''; and
(2) by inserting at the end the following new
paragraph:
``(2) Research, development, test, and evaluation
programs.--The Chief Information Officer of the
Department may exempt from the applicability of this
section research, development, test, and evaluation
programs that use authorization of appropriations for
the High Performance Computing Modernization Program
(Program Element 0603461A) if the Chief Information
Officer determines that the exemption is in the best
interest of national security.''.
SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMISPHERIC DEFENSE STUDIES
AS THE WILLIAM J. PERRY CENTER FOR HEMISPHERIC
DEFENSE STUDIES.
(a) Redesignation.--The Department of Defense regional
center for security studies known as the Center for Hemispheric
Defense Studies is hereby renamed the ``William J. Perry Center
for Hemispheric Defense Studies''.
(b) Conforming Amendments.--
(1) Reference to regional centers for strategic
studies.--Section 184 of title 10, United States Code,
is amended--
(A) in subsection (b)(2)(C), by striking
``The Center for Hemispheric Defense Studies''
and inserting ``The William J. Perry Center for
Hemispheric Defense Studies''; and
(B) in subsection (f)(5), by striking ``the
Center for Hemispheric Defense Studies'' and
inserting ``the William J. Perry Center for
Hemispheric Defense Studies''.
(2) Acceptance of gifts and donations.--Section
2611(a)(2)(C) of such title is amended by striking
``Center for Hemispheric Defense Studies.'' and
inserting ``William J. Perry Center for Hemispheric
Defense Studies.''.
(c) References.--Any reference to the Department of Defense
Center for Hemispheric Defense Studies in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to the William J. Perry
Center for Hemispheric Defense Studies.
SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF MILITARY DIVERS
MEMORIAL AT WASHINGTON NAVY YARD.
It is the sense of Congress that the Secretary of the Navy
should provide an appropriate site at the former Navy Dive
School at the Washington Navy Yard for a memorial to honor the
members of the Armed Forces who have served as divers and whose
service in defense of the United States has been carried out
beneath the waters of the world, subject to the conditions
that--
(1) the memorial be paid for with private funds;
and
(2) the Secretary of the Navy retain exclusive
authority to approve the design and site of the
memorial.
SEC. 2856. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT REGARDING
ACQUISITION OF LAND AND DEVELOPMENT OF A TRAINING
RANGE FACILITY ADJACENT TO THE MARINE CORPS AIR
GROUND COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA.
(a) Findings.--Congress makes the following findings:
(1) The Marine Corps has studied the feasibility of
acquiring land and developing a training range facility
to conduct Marine Expeditionary Brigade level live-fire
training on or near the West Coast.
(2) The Bureau of Land Management estimates on
national economic impact show $261,500,000 in commerce
at risk.
(3) Economic impact on the local community is
estimated to be $71,100,000.
(b) Limitation of Funds Pending Report.--
(1) In general.--The Secretary of the Navy may not
obligate or expend funds for the transfer of land or
development of a new training range on land adjacent to
the Marine Corps Air Ground Combat Center Twentynine
Palms, California, until the Secretary of the Navy has
provided the congressional defense committees a report
on the Marine Corps' efforts with respect to the
proposed training range.
(2) Elements of report.--The report required under
paragraph (1) shall be submitted not later than 90 days
after the date of the enactment of this Act and shall
include the following:
(A) A description of the actual training
requirements for the proposed range and where
those training requirements are currently being
met to support combat deployments.
(B) Identification of the impact on off-
road vehicle recreational users of the land,
the economic impact on the local economy, the
recreation industry, and any other
stakeholders.
(C) Identification of any concerns
discussed with the Bureau of Land Management
regarding their assessments of the impact on
other users.
(D) Identification of the impact on the
State of California's 1980 Desert Conservation
Plan regarding allocation of the Off Highway
Vehicle Recreation Areas.
(E) An evaluation of the potential to use
the same land without transfer, but under
specific permits for use provided by the Bureau
of Land Management (as such permits are used at
other locations from the Forest Service and
Bureau of Land Management).
(F) An evaluation of any potential impacts
on other Bureau of Land Management lands
proximate to Marine Corps Air Ground Combat
Center Twentynine Palms or other locations in
the geographic region.
(3) Secretary of defense waiver.--In the event of
urgent national need, the Secretary of Defense may
notify the congressional defense committees and waive
the requirement for the report required under paragraph
(1).
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.
(a) Oversight and Maintenance Plan Required.--Not later
than 30 days after the closure of a United States military
installation located outside of the United States that includes
a cemetery containing the remains of members of the Armed
Forces or citizens of the United States, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing a
plan to ensure the oversight and continued operation and
maintenance of the cemetery.
(b) Plan Elements.--The plan for a military installation
cemetery outside of the United States required by subsection
(a) shall--
(1) specify the Federal agency or private entity
that will assume responsibility for the operation and
maintenance of the cemetery following the closure of
the installation; and
(2) describe the information with regard to the
cemetery that has been provided to the responsible
agency or private entity.
SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED FORCES HISTORICAL
STORAGE AND PRESERVATION FACILITY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth an
assessment of the feasability and advisability of establishing
a joint Armed Forces historical storage and preservation
facility. The report shall include a description and assessment
of the current capacities and qualities of the historical
storage and preservation installations of each of the Armed
Forces, including the following:
(1) An identification of any excess capacity at any
such installation.
(2) An identification of any shortfalls in the
capacity or quality of such installations of any Armed
Force, and a description of possible actions to address
such shortfalls.
SEC. 2859. ESTABLISHMENT OF COMMEMORATIVE WORK TO GOLD STAR MOTHERS.
(a) Eligible Federal Land.--In this section, the term
``eligible Federal land'' means Federal land depicted as ``Area
I'' or ``Area II'' on the map numbered 869/86501 B and dated
June 24, 2003. The term does not include the Reserve (as
defined in section 8902(a) of title 40, United States Code).
(b) Commemorative Work Authorized.--The Gold Star Mothers
National Monument Foundation may establish a commemorative work
on eligible Federal land to commemorate the sacrifices made by
mothers, and made by their sons and daughters who as members of
the Armed Forces make the ultimate sacrifice, in defense of the
United States.
(c) Compliance With Standards for Commemorative Works.--
Chapter 89 of title 40, United States Code, and other
applicable Federal laws and regulations shall apply to the
establishment of the commemorative work authorized by this
section.
(d) Prohibition on Use of Federal Funds.--The Gold Star
Mothers National Monument Foundation may not use Federal funds
to establish the commemorative work authorized by this section.
(e) Deposit of Excess Funds.--
(1) Upon establishment of commemorative work.--If,
upon payment of all expenses for the establishment of
the commemorative work authorized by this section
(including the maintenance and preservation amounts
required by section 8906(b)(1) of title 40, United
States Code), there remains a balance of funds received
for the establishment of the commemorative work, the
Gold Star Mothers National Monument Foundation shall
transmit the amount of the balance to the account
provided for in section 8906(b)(3) of such title.
(2) Upon expiration of authority to establish
commemorative work.--If, upon expiration of the
authority for the commemorative work under section
8903(e) of title 40, United Sates Code, there remains a
balance of funds received for the establishment of the
commemorative work, the Gold Star Mothers National
Monument Foundation shall transmit the amount of the
balance to a separate account with the National Park
Foundation for memorials, to be available to the
Secretary of the Interior or Administrator of General
Services (as appropriate) following the process
provided in section 8906(b)(4) of such title for
accounts established under section 8906(b)(3) of such
title.
SEC. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK TO SLAVES AND FREE BLACK
PERSONS WHO SERVED IN AMERICAN REVOLUTION.
(a) Eligible Federal Land.--In this section, the term
``eligible Federal land'' means Federal land depicted as ``Area
I'' or ``Area II'' on the map numbered 869/86501 B and dated
June 24, 2003. The term does not include the Reserve (as
defined in section 8902(a) of title 40, United States Code).
(b) Commemorative Work Authorized.--The National Mall
Liberty Fund D.C. may establish a memorial on eligible Federal
land to honor the more than 5,000 courageous slaves and free
Black persons who served as soldiers and sailors or provided
civilian assistance during the American Revolution.
(c) Compliance With Standards for Commemorative Works.--
Chapter 89 of title 40, United States Code, and other
applicable Federal laws and regulations shall apply to the
establishment of the commemorative work authorized by this
section.
(d) Prohibition on Use of Federal Funds.--The National Mall
Liberty Fund D.C. may not use Federal funds to establish the
commemorative work authorized by this section.
(e) Deposit of Excess Funds.--
(1) Upon establishment of commemorative work.--If,
upon payment of all expenses for the establishment of
the commemorative work authorized by this section
(including the maintenance and preservation amounts
required by section 8906(b)(1) of title 40, United
States Code), there remains a balance of funds received
for the establishment of the commemorative work, the
National Mall Liberty Fund D.C. shall transmit the
amount of the balance to the account provided for in
section 8906(b)(3) of such title.
(2) Upon expiration of authority to establish
commemorative work.--If, upon expiration of the
authority for the commemorative work under section
8903(e) of title 40, United Sates Code, there remains a
balance of funds received for the establishment of the
commemorative work, the National Mall Liberty Fund D.C.
shall transmit the amount of the balance to a separate
account with the National Park Foundation for
memorials, to be available to the Secretary of the
Interior or Administrator of General Services (as
appropriate) following the process provided in section
8906(b)(4) of such title for accounts established under
section 8906(b)(3) of such title.
(f) Repeal of Joint Resolutions.--Public Law 99-558 (110
Stat. 3144; 40 U.S.C. 8903 note) and Public Law 100-265 (102
Stat. 39; 40 U.S.C. 8903 note) are repealed.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition project.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECT.
(a) Outside the United States.--The Secretary of the Navy
may acquire real property and carry out the military
construction project for the installation outside the United
States, and in the amount, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier.................................. $99,420,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2012, for the military construction project
outside the United States authorized by subsection (a) as
specified in the funding table in section 4602.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Authorized personnel levels of the Office of the
Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to award
fees.
Sec. 3118. Modification and extension of authority on acceptance of
contributions for acceleration of removal or security of
fissile materials, radiological materials, and related
equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3121. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement
Project.
Subtitle C--Improvements to National Security Energy Laws
Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration
Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.
Subtitle D--Reports
Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for
atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security
laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the
National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.
Subtitle E--Other Matters
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs and new
nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons stockpile and
nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear
security enterprise.
Subtitle F--American Medical Isotopes Production
Sec. 3171. Short title.
Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2013 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
Project 13-D-301, Electrical Infrastructure
Upgrades, Lawrence Livermore National
Laboratory, Livermore, California, and Los
Alamos National Laboratory, Los Alamos, New
Mexico, $23,000,000.
Project 13-D-903, Kesselring Site Prototype
Staff Building, Kesselring Site, West Milton,
New York, $14,000,000.
Project 13-D-904, Kesselring Site
Radiological Work and Storage Building,
Kesselring Site, West Milton, New York,
$2,000,000.
Project 13-D-905, Remote-Handled Low-Level
Waste Disposal Project, Idaho National
Laboratory, $8,890,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2013 for defense
environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2013 for other defense
activities in carrying out programs as specified in the funding
table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE
ADMINISTRATOR.
(a) Cap on Full-time Equivalent Positions.--
(1) In general.--Subtitle C of the National Nuclear
Security Administration Act (50 U.S.C. 2441 et seq.) is
amended by inserting after section 3241 the following
new section:
``SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE
ADMINISTRATOR.
``(a) Full-time Equivalent Personnel Levels.--
``(1) Total number.--By October 1, 2014, the total
number of employees of the Office of the Administrator
may not exceed 1,825.
``(2) Excess.--For fiscal year 2015 and each fiscal
year thereafter, the Administrator may not exceed the
total number of employees authorized under paragraph
(1) unless, during each fiscal year in which such total
number exceeds 1,825, the Administrator submits to the
congressional defense committees a report justifying
such excess.
``(b) Counting Rule.--(1) A determination of the number of
employees in the Office of the Administrator under subsection
(a) shall be expressed on a full-time equivalent basis.
``(2) Except as provided by paragraph (3), in determining
the total number of employees in the Office of the
Administrator under subsection (a), the Administrator shall
count each employee of the Office without regard to whether the
employee is located at the headquarters of the Administration,
a site office of the Administration, a service or support
center of the Administration, or any other location.
``(3) The following employees may not be counted for
purposes of determining the total number of employees in the
Office of the Administrator under subsection (a):
``(A) Employees of the Office of Naval Reactors.
``(B) Employees of the Office of Secure
Transportation.
``(C) Members of the Armed Forces detailed to the
Administration.
``(D) Personnel supporting the Office of the
Administrator pursuant to the mobility program under
subchapter VI of chapter 33 of title 5, United States
Code (commonly referred to as the `Intergovernmental
Personnel Act Mobility Program').
``(c) Voluntary Early Retirement.--In accordance with
section 3523 of title 5, United States Code, the Administrator
may offer voluntary separation or retirement incentives to meet
the total number of employees authorized under subsection (a).
``(d) Use of IPA.--The Administrator shall ensure that the
expertise of the national security laboratories and the nuclear
weapons production facilities is made available to the
Administration, the Department of Energy, the Department of
Defense, other Federal agencies, and Congress through the
temporary assignment of personnel from such laboratories and
facilities pursuant to the Intergovernmental Personnel Act
Mobility Program and other similar programs.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 3241 the following new
item:
``Sec. 3241A. Authorized personnel levels of the Office of the
Administrator.''.
(b) Increase in Excepted Positions.--
(1) In general.--Section 3241 of the National
Nuclear Security Administration Act (50 U.S.C. 2441) is
amended--
(A) by striking ``300'' and inserting
``600'';
(B) by inserting ``contracting, program
management,'' before ``scientific''; and
(C) by adding at the end the following new
sentence: ``To ensure that the excepted
positions established under this section are
used, the Administrator, to the extent
practicable, shall appoint an individual to
such an excepted position to replace the
vacancy of a nonexcepted position.''.
(2) Conforming amendment.--The heading of such
section is amended by inserting ``CONTRACTING, PROGRAM
MANAGEMENT,'' before ``SCIENTIFIC''.
(3) Clerical amendment.--The table of contents at
the beginning of such Act is amended by striking the
item relating to section 3241 and inserting the
following new item:
``Sec. 3241. Authority to establish certain contracting, program
management, scientific, engineering, and technical
positions.''.
SEC. 3112. BUDGET JUSTIFICATION MATERIALS.
Section 3251(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2451(b)) is amended--
(1) by striking ``In the'' and inserting ``(1) In
the''; and
(2) by adding at the end the following new
paragraph:
``(2) In the budget justification materials submitted to
Congress in support of each such budget, the Administrator
shall include an assessment of how the budget maintains the
core nuclear weapons skills of the Administration, including
nuclear weapons design, engineering, production, testing, and
prediction of stockpile aging.''.
SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.
(a) NNSA Council.--Section 4102 of the Atomic Energy
Defense Act (50 U.S.C. 2512) is amended to read as follows:
``SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SECURITY ENTERPRISE.
``(a) In General.--The Administrator shall establish a
management structure for the nuclear security enterprise in
accordance with the National Nuclear Security Administration
Act (50 U.S.C. 2401 et seq.).
``(b) National Nuclear Security Administration Council.--
(1) The Administrator shall establish a council to be known as
the `National Nuclear Security Administration Council'. The
Council may advise the Administrator on--
``(A) scientific and technical issues relating to
policy matters;
``(B) operational concerns;
``(C) strategic planning;
``(D) the development of priorities relating to the
mission and operations of the Administration and the
nuclear security enterprise; and
``(E) such other matters as the Administrator
determines appropriate.
``(2) The Council shall be composed of the directors of the
national security laboratories and the nuclear weapons
production facilities.
``(3) The Council may provide the Administrator or the
Secretary of Energy recommendations for improving the--
``(A) governance, management, effectiveness, and
efficiency of the Administration; and
``(B) any other matter in accordance with paragraph
(1).
``(4) Not later than 60 days after the date on which any
recommendation under paragraph (3) is received, the
Administrator or the Secretary, as the case may be, shall
respond to the Council with respect to whether such
recommendation will be implemented and the reasoning for
implementing or not implementing such recommendation.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by striking the item relating
to section 4102 and inserting the following new item:
``Sec. 4102. Management structure for nuclear security enterprise.''.
SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METALLURGY RESEARCH
BUILDING, LOS ALAMOS NATIONAL LABORATORY, NEW
MEXICO.
(a) Project Required.--
(1) In general.--Subtitle A of title XLII of the
Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended by adding at the end the following new section:
``SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND METALLURGY RESEARCH
BUILDING, LOS ALAMOS NATIONAL LABORATORY, NEW
MEXICO.
``(a) Replacement Building Required.--The Secretary of
Energy shall construct at Los Alamos National Laboratory, New
Mexico, a building to replace the functions of the existing
Chemistry and Metallurgy Research Building at Los Alamos
National Laboratory associated with Department of Energy Hazard
Category 2 special nuclear material operations.
``(b) Limitation on Cost.--The cost of the building
constructed under subsection (a) may not exceed $3,700,000,000.
If the Secretary determines the cost will exceed such amount,
the Secretary shall submit a detailed justification for such
increase to the congressional defense committees.
``(c) Project Basis.--The construction authorized by
subsection (a) shall use as its basis the facility project in
the Department of Energy Readiness and Technical Base
designated 04-D-125 (chemistry and metallurgy facility
replacement project at Los Alamos National Laboratory).
``(d) Assistance.--(1) In carrying out this section, the
Secretary shall procure the services of the Commander of the
Naval Facilities Engineering Command to assist the Secretary
with respect to the program management, oversight, and design
activities of the project authorized by subsection (a).
``(2) The Secretary shall carry out this subsection using
funds made available for the National Nuclear Security
Administration.
``(e) Deadline for Commencement of Operations.--The
building constructed under subsection (a) shall commence
operations by not later than December 31, 2026.''.
(2) Clerical and technical amendment.--The table of
contents at the beginning of such Act is amended by
inserting after the item relating to section 4214, as
added by section 3131(g)(2), the following new item:
``Sec. 4215. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.''.
(b) Funding.--
(1) Fiscal year 2013 funds.--
(A) In general.--Except as provided in
subparagraph (B), of the amounts authorized to
be appropriated by this Act for fiscal year
2013 for the National Nuclear Security
Administration, $70,000,000 shall be available
for the construction of the building authorized
by section 4215 of the Atomic Energy Defense
Act, as added by subsection (a).
(B) Exception.--The following amounts
authorized to be appropriated by this Act for
fiscal year 2013 for the National Nuclear
Security Administration shall not be available
for the construction of the building:
(i) Amounts available for Directed
Stockpile Work.
(ii) Amounts available for Naval
Reactors.
(iii) Amounts available for the
facility project in the Department of
Energy Readiness and Technical Base
designated 06-D-141.
(2) Prior fiscal year funds.--Amounts authorized to
be appropriated for the Department of Energy for a
fiscal year before fiscal year 2013 and available for
the facility project in the Department of Energy
Readiness and Technical Base designated 04-D-125
(chemistry and metallurgy facility replacement project
at Los Alamos National Laboratory, New Mexico) shall be
available for the construction of the building
authorized by section 4215 of the Atomic Energy Defense
Act, as added by subsection (a).
(c) Limitation on Alternative Plutonium Strategy.--No funds
authorized to be appropriated by this Act or any other Act may
be obligated or expended on any activities associated with a
plutonium strategy for the National Nuclear Security
Administration that does not include achieving full operational
capability of the replacement project by December 31, 2026, as
required by section 4215(e) of the Atomic Energy Defense Act,
as added by subsection (a).
(d) Naval Reactor Study.--
(1) In general.--The Deputy Administrator for Naval
Reactors shall conduct a study of the replacement
project, including an analysis of the cost, benefits,
and risks with respect to nuclear safety.
(2) Submission.--Not later than 18 months after the
date of the enactment of this Act, the Deputy
Administrator shall submit to the congressional defense
committees a report on the study under paragraph (1),
including recommendations of the Deputy Administrator
with respect to the project structure, oversight model,
and potential cost savings of the replacement project.
(3) Consideration of recommendations.--In carrying
out the replacement project, the Secretary of Energy
shall consider the recommendations made by the Deputy
Administrator in the report under paragraph (2) and
incorporate such recommendations into the project as
the Secretary considers appropriate.
(4) Funding.--The Secretary of Energy and the
Deputy Administrator shall carry out this subsection
using funds authorized to be appropriated by this Act
or otherwise made available for the National Nuclear
Security Administration that are not made available for
the Naval Nuclear Propulsion Program.
(e) Replacement Project Defined.--In this section, the term
``replacement project'' means the replacement project for the
Chemistry and Metallurgy Research Building authorized by
section 4215 of the Atomic Energy Defense Act, as added by
subsection (a).
SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS.
(a) Prototypes.--Subtitle A of title XLV of the Atomic
Energy Defense Act (50 U.S.C. 2651 et seq.) is amended by
adding at the end the following new section:
``SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS FOR
INTELLIGENCE PURPOSES.
``(a) Prototypes.--The Administrator shall develop and
carry out a plan for the national security laboratories and
nuclear weapons production facilities to design and build
prototypes of nuclear weapons to further intelligence estimates
with respect to foreign nuclear weapons activities.
``(b) Prohibition on Production of Nuclear Yields.--In
carrying out subsection (a), the Administrator may not conduct
any experiments that produce a nuclear yield.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4508 the following new item:
``Sec. 4509. Design and use of prototypes of nuclear weapons for
intelligence purposes.''.
SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION OF WEAPONS-
USABLE PLUTONIUM AT SAVANNAH RIVER SITE, AIKEN,
SOUTH CAROLINA.
Section 4306 of the Atomic Energy Defense Act (50 U.S.C.
2566) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (C), by striking
``2012'' and inserting ``2014''; and
(B) in subparagraph (D), by striking
``2017'' and inserting ``2019'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``by
January 1, 2012''; and
(B) in paragraph (5), by striking ``2012''
and inserting ``2014'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1),
by striking ``2012'' and inserting ``2014'';
(B) in paragraph (1), by striking ``2014''
and inserting ``2016''; and
(C) in paragraph (2), by striking ``2020''
each place it appears and inserting ``2022'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``2014'' and
inserting ``2016''; and
(ii) by striking ``2019'' and
inserting ``2021''; and
(B) in paragraph (2)(A), by striking
``2020'' each place it appears and inserting
``2022''; and
(5) in subsection (e), by striking ``2023'' and
inserting ``2025''.
SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUATIONS BY THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION LEADING TO
AWARD FEES.
(a) Publication Required.--
(1) In general.--Subtitle A of title XLVIII of the
Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is
amended by adding at the end the following new section:
``SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUATIONS LEADING
TO AWARD FEES.
``(a) In General.--The Administrator shall take appropriate
actions to make available to the public, to the maximum extent
practicable, contractor performance evaluations conducted by
the Administration of management and operating contractors of
the nuclear security enterprise that results in the award of an
award fee to the contractor concerned.
``(b) Format.--Performance evaluations shall be made public
under this section in a common format that facilitates
comparisons of performance evaluations between and among
similar management and operating contracts.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 4803 the following new
items:
``Sec. 4804. Notice-and-wait requirement applicable to certain third-
party financing arrangements.
``Sec. 4805. Publication of contractor performance evaluations leading
to award fees.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to contractor performance evaluations
conducted by the National Nuclear Security Administration on or
after that date.
SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPTANCE OF
CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR
SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE
SITES WORLDWIDE.
(a) Programs for Which Funds May Be Accepted.--Paragraph
(2) of section 3132(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) is
amended to read as follows:
``(2) Programs covered.--The programs described in
this paragraph are any programs within the Office of
Defense Nuclear Nonproliferation of the National
Nuclear Security Administration.''.
(b) Extension.--Paragraph (7) of such section is amended by
striking ``December 31, 2013'' and inserting ``December 31,
2018''.
SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF EXCELLENCE
ON NUCLEAR SECURITY.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the National Nuclear Security Administration, not more than
$7,000,000 may be obligated or expended for the United States-
China Center of Excellence on Nuclear Security until the date
on which the Secretary of Energy submits to the appropriate
congressional committees the report under subsection (b)(2).
(b) Nuclear Security.--
(1) Review.--The Secretary of Energy, in
coordination with the Secretary of Defense, shall
conduct a review of the existing and planned
nonproliferation activities with the People's Republic
of China as of the date of the enactment of this Act to
determine if the engagement is directly or indirectly
supporting the proliferation of nuclear weapons
development and technology to other nations.
(2) Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Energy
shall submit to the appropriate congressional
committees a report certifying that the activities
reviewed under paragraph (1) are not contributing to
the proliferation of nuclear weapons development and
technology to other nations.
(c) Form.--The report under subsection (b)(2) may be
submitted in unclassified form and may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
SEC. 3120. IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND OPERATIONS
OF THE DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) In General.--The Secretary of Energy and the
Administrator for Nuclear Security shall review and, to the
extent practicable, revise the Department of Energy Acquisition
Regulation and other regulations, rules, directives, orders,
and policies that apply to the administration, execution, and
oversight of the missions and operations of the Department of
Energy and the National Nuclear Security Administration to
improve and streamline such administration, execution, and
oversight.
(b) Improvement and Streamlining.--In carrying out
subsection (a), the Secretary and the Administrator shall
review and, to the extent practicable, carry out the following
actions:
(1) Streamline business processes and structures to
reduce unnecessary, burdensome, or duplicative
approvals.
(2) Delegate approval for work for others
agreements and cooperative research and development
agreements (except those that the Secretary or
Administrator determine are high value or unique) to
the lowest appropriate officials and streamline the
approval processes.
(3) Establish processes for ensuring routine or
low-risk procurement and subcontracting decisions are
made at the discretion of the management and operating
contractors while ensuring that the Secretary or
Administrator apply appropriate oversight.
(4) Assess procurement thresholds as of the date of
the enactment of this Act and take steps as appropriate
to adjust such thresholds.
(5) Eliminate duplicative or low-value reports and
data calls and ensure consistency in management and
cost-accounting data.
(6) Actions to otherwise streamline, clarify, and
eliminate redundancy in the regulations, rules,
directives, orders, and policies described by
subsection (a).
(c) Briefing.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary and
the Administrator shall provide to the appropriate
congressional committees a briefing on the review
conducted under subsection (a), including the status of
such review and any actions taken or planned to be
taken to improve and streamline the regulations, rules,
directives, orders, and policies described in such
subsection.
(2) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Energy and Natural
Resources of the Senate and the Committee on
Energy and Commerce of the House of
Representatives.
SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND
OPERATING CONTRACTS.
(a) Reports Required.--The Administrator for Nuclear
Security shall submit to the congressional defense committees a
report described in subsection (b) by not later than 30 days
after the date on which the Administrator awards a contract to
manage and operate a facility of the National Nuclear Security
Administration.
(b) Report Described.--A report described in this
subsection is a report on a contract described by subsection
(a) that includes--
(1) the expected cost savings resulting from the
competition for the contract over the life of the
contract;
(2) the costs of the competition for the contract,
including the immediate costs of conducting the
competition and any increased costs over the life of
the contract;
(3) a description of--
(A) any disruption or delay in mission
activities or deliverables resulting from the
competition for the contract; and
(B) any benefits of the competition to
mission performance or operations;
(4) how the competition for the contract complied
with the Federal Acquisition Regulation regarding
federally funded research and development centers, if
applicable; and
(5) any other matters the Administrator considers
appropriate.
(c) GAO Review.--Not later than 90 days after each report
is submitted to the congressional defense committees under
subsection (a) or (d)(2), the Comptroller General of the United
States shall submit to such committees a review of such report.
(d) Applicability.--
(1) In general.--The requirement for reports under
subsection (a) shall apply with respect to a contract
described by such subsection that is awarded by the
Administrator during fiscal years 2013 through 2017.
(2) Fiscal years 2012 and 2013 contracts.--For each
contract described by subsection (a) that is awarded by
the Administrator during fiscal years 2012 or 2013
before the date of the enactment of this Act, the
Administrator shall submit to the congressional defense
committees a report described in subsection (b) by not
later than 90 days after the date of such enactment.
SEC. 3122. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR NONPROLIFERATION.
(a) Program Required.--
(1) Scientific engagement.--The Secretary of
Energy, acting through the Administrator for Nuclear
Security, shall carry out a program on scientific
engagement in countries selected by the Secretary for
purposes of the program to advance global
nonproliferation and nuclear security efforts.
(2) Elements.--The program under paragraph (1)
shall include the following elements:
(A) Training and capacity-building to
strengthen nonproliferation and security best
practices.
(B) Engagement of scientists of the United
States with foreign counterparts to advance
nonproliferation goals.
(3) Distinct program.--The program required by this
subsection shall be a distinct program from the Global
Initiatives for Proliferation Prevention program.
(b) Limitation.--
(1) Report on commencement of program.--Of the
funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 or any
fiscal year thereafter for the National Nuclear
Security Administration, not more than 50 percent may
be obligated or expended under the program under
subsection (a) until the date on which the
Administrator submits to the appropriate congressional
committees a report setting forth the following:
(A) For each country selected for the
program as of the date of such report--
(i) a proliferation threat
assessment prepared by the Director of
National Intelligence; and
(ii) metrics for evaluating the
effectiveness of the program.
(B) Accounting standards for the conduct of
the program approved by the Comptroller General
of the United States.
(2) Form.--The report under paragraph (1) may be
submitted in unclassified form and may include a
classified annex.
(c) Reports on Modification of Program.--
(1) In general.--Not later than 15 days before
making any modification in the program under subsection
(a) (including selecting a new country for the program,
ceasing the selection of a country for the program, or
modifying an element of the program), the Administrator
shall submit to the appropriate congressional
committees a report on the modification.
(2) New country.--If the modification covered by a
report under paragraph (1) consists of the selection
for the program of a country not previously selected
for the program, the report shall include, for each
such country, the matters described in subsection
(b)(1)(A).
(3) Form.--The report under paragraph (1) may be
submitted in unclassified form and may include a
classified annex.
(d) Report on Coordination With Other U.S. Nonproliferation
Programs.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report describing the
manner in which the program under subsection (a) coordinates
with and complements, but does not duplicate, other
nonproliferation programs of the Federal Government.
(e) Comptroller General Report.--
(1) In general.--Not later than two years after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
appropriate congressional committees a report on the
program under subsection (a).
(2) Matters included.--The report under paragraph
(1) shall include the following:
(A) An assessment by the Comptroller
General of the effectiveness of the program, as
determined in accordance with the metrics
described in subsection (b)(1)(A)(ii).
(B) An assessment of how the program
coordinates with, complements, or duplicates
other nonproliferation programs of the Federal
Government.
(C) Such other matters on the program as
the Comptroller General considers appropriate.
(f) Termination.--The authority to carry out the program
under subsection (a) shall expire on September 30, 2016.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT
PROJECT.
(a) Execution Phases for Project.--Project 06-D-141 for the
Y-12 Uranium Processing Facility, Y-12 National Security
Complex, Oak Ridge, Tennessee, shall be hereafter known as the
``Uranium Capabilities Replacement Project''. The project shall
be broken into separate execution phases as follows:
(1) Phase I, which shall consist of--
(A) processes and capabilities associated
with building 9212, including uranium casting
and uranium chemical processing; and
(B) the support, administration, and
logistics facilities and the building structure
and building-level utilities needed to carry
out Phases II and III.
(2) Phase II, which shall consist of processes and
capabilities associated with buildings 9215 and 9998,
including uranium metal-working, machining, and
inspection.
(3) Phase III, which shall consist of processes and
capabilities associated with building 9204-2E,
including radiography, assembly, disassembly, quality
evaluation, and production certification operations of
nuclear weapon secondaries.
(b) Budgeting and Authorization for Each Phase.--
(1) Budgeting for each phase required.--The
Secretary of Energy shall budget separately for each
Phase under subsection (a) of the project referred to
in that subsection.
(2) Funding pursuant to separate authorizations of
appropriations.--Except as provided by paragraph (3),
the Secretary may not proceed with a Phase under
subsection (a) of the project referred to in that
subsection except with funds expressly authorized to be
appropriated for that Phase by law.
(3) Unused funding from phase i.--After Phase I
under subsection (a) is completed, the Secretary may
use any unobligated funds made available for such Phase
for Phase II or Phase III if the Secretary notifies the
congressional defense committees before using such
funds for Phase II or Phase III.
(c) Compliance of Phases With DOE Order on Program and
Project Management.--Each Phase under subsection (a) of the
project referred to in that subsection shall comply with
Department of Energy Order 413.3, relating to Program
Management and Project Management for the Acquisition of
Capital Assets.
(d) Limitation on Cost of Phase I.--The total cost of Phase
I under subsection (a) of the project referred to in that
subsection may not exceed $4,200,000,000. If the Administrator
determines the total cost of Phase I will exceed
$4,200,000,000, the Administrator shall submit to the
congressional defense committees a detailed justification for
such increase.
(e) Assistance.--
(1) NAVFAC.--In carrying out this section, the
Secretary shall procure the services of the Commander
of the Naval Facilities Engineering Command to assist
the Secretary with respect to the program management,
oversight, and design activities of the project
referred to in subsection (a).
(2) Source of funding.--The Secretary shall carry
out paragraph (1) using funds made available for the
National Nuclear Security Administration.
(f) GAO Quarterly Reports.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, and quarterly
thereafter until the date on which the project referred
to in subsection (a) is completed, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on all Phases
under such subsection.
(2) Matters included.--The reports under paragraph
(1) shall include--
(A) the progress on adhering to cost
projections for the project referred to in
subsection (a) and the progress on meeting the
requirements of section 4713 of the Atomic
Energy Defense Act (50 U.S.C. 2753);
(B) the status of the technology readiness
levels for equipment and processes that will
accompany each Phase under subsection (a);
(C) independent cost estimates of such
Phases;
(D) the programmatic structure of the
relationship between the prime contractor and
subcontractors; and
(E) any other issue that the Comptroller
General determines appropriate with respect to
the requirements, cost, schedule, or technology
readiness levels of such project.
(g) Naval Reactor Study.--
(1) In general.--The Deputy Administrator for Naval
Reactors shall conduct a study of the project referred
to in subsection (a), including an analysis of the
cost, benefits, and risks with respect to nuclear
safety.
(2) Submission.--Not later than one year after the
date of the enactment of this Act, the Deputy
Administrator shall submit to the congressional defense
committees a report on the study under paragraph (1),
including recommendations of the Deputy Administrator
with respect to the project structure, oversight model,
and potential cost savings of the project referred to
in subsection (a).
(3) Consideration of recommendations.--In carrying
out the project referred to in subsection (a), the
Secretary of Energy shall consider the recommendations
made by the Deputy Administrator in the report under
paragraph (2) and incorporate such recommendations into
the project as the Secretary considers appropriate.
(4) Funding.--The Secretary and the Deputy
Administrator shall carry out this subsection using
funds authorized to be appropriated by this Act or
otherwise made available for the National Nuclear
Security Administration that are not made available for
the Naval Nuclear Propulsion Program.
(h) CAPE Review.--Not later than 180 days after the date of
the enactment of this Act, the Director of Cost Assessment and
Program Evaluation of the Department of Defense shall submit to
the congressional defense committees a review of the cost and
schedule of the project referred to in subsection (a).
Subtitle C--Improvements to National Security Energy Laws
SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DEFENSE ACT.
(a) Definitions.--
(1) In general.--Section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501) is amended to read as
follows:
``SEC. 4002. DEFINITIONS.
``In this division:
``(1) The term `Administration' means the National
Nuclear Security Administration.
``(2) The term `Administrator' means the
Administrator for Nuclear Security.
``(3) The term `classified information' means any
information that has been determined pursuant to
Executive Order No. 12333 of December 4, 1981 (50
U.S.C. 401 note), Executive Order No. 12958 of April
17, 1995 (50 U.S.C. 435 note), or successor orders, to
require protection against unauthorized disclosure and
that is so designated.
``(4) The term `congressional defense committees'
means--
``(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(B) the Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.
``(5) The term `nuclear security enterprise' means
the physical facilities, technology, and human capital
of the national security laboratories and the nuclear
weapons production facilities.
``(6) The term `national security laboratory' means
any of the following:
``(A) Los Alamos National Laboratory, Los
Alamos, New Mexico.
``(B) Sandia National Laboratories,
Albuquerque, New Mexico, and Livermore,
California.
``(C) Lawrence Livermore National
Laboratory, Livermore, California.
``(7) The term `nuclear weapons production
facility' means any of the following:
``(A) The Kansas City Plant, Kansas City,
Missouri.
``(B) The Pantex Plant, Amarillo, Texas.
``(C) The Y-12 National Security Complex,
Oak Ridge, Tennessee.
``(D) The Savannah River Site, Aiken, South
Carolina.
``(E) The Nevada National Security Site,
Nevada.
``(F) Any facility of the Department of
Energy that the Secretary of Energy, in
consultation with the Administrator and
Congress, determines to be consistent with the
mission of the Administration.
``(8) The term `restricted data' has the meaning
given such term in section 11 y. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(y)).''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4002
and inserting the following new item:
``Sec. 4002. Definitions.''.
(b) Stockpile Stewardship.--Section 4201(b)(5)(E) of the
Atomic Energy Defense Act (50 U.S.C. 2521(b)(5)(E)) is amended
by striking ``(as defined in section 3281 of the National
Nuclear Security Administration Act (50 U.S.C. 2471))''.
(c) Annual Assessments.--Section 4205 of the Atomic Energy
Defense Act (50 U.S.C. 2525) is amended by striking subsection
(i).
(d) Testing of Nuclear Weapons.--
(1) In general.--Section 4210 of the Atomic Energy
Defense Act (50 U.S.C. 2530) is amended to read as
follows:
``SEC. 4210. TESTING OF NUCLEAR WEAPONS.
``(a) Underground Testing.--No underground test of nuclear
weapons may be conducted by the United States after September
30, 1996, unless a foreign state conducts a nuclear test after
this date, at which time the prohibition on United States
nuclear testing is lifted.
``(b) Atmospheric Testing.--None of the funds appropriated
pursuant to the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547) or any other Act
for any fiscal year may be available to maintain the capability
of the United States to conduct atmospheric testing of a
nuclear weapon.''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the items relating to sections 4210
and 4211 and inserting the following new item:
``Sec. 4210. Testing of nuclear weapons.''.
(3) Conforming amendment.--Section 4211 of the
Atomic Energy Defense Act (50 U.S.C. 2531) is repealed.
(e) Manufacturing Infrastructure.--Section 4212 of the
Atomic Energy Defense Act (50 U.S.C. 2532) is amended by
striking subsections (d) and (e).
(f) Critical Difficulties Report.--
(1) In general.--Section 4213 of the Atomic Energy
Defense Act (50 U.S.C. 2533) is amended--
(A) in the heading, by striking ``NUCLEAR
WEAPONS LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION PLANTS'' and inserting ``NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION FACILITIES'';
(B) in subsection (a)--
(i) by striking ``Assistant
Secretary of Energy for Defense
Programs'' and inserting
``Administrator'';
(ii) by striking ``nuclear weapons
laboratory'' and inserting ``national
security laboratory''; and
(iii) by striking ``production
plant'' and inserting ``production
facility'';
(C) in subsection (b)--
(i) in the heading, by striking
``Assistant Secretary'' and inserting
``Administrator''; and
(ii) by striking ``Assistant
Secretary'' each place it appears and
inserting ``Administrator''; and
(D) by striking subsection (e).
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4213
and inserting the following new item:
``Sec. 4213. Reports on critical difficulties at national security
laboratories and nuclear weapons production facilities.''.
(g) Plan for Transformation.--
(1) In general.--Section 4214 of the Atomic Energy
Defense Act (50 U.S.C. 2534) is amended--
(A) by striking ``nuclear weapons complex''
each place it appears (including the section
heading) and inserting ``nuclear security
enterprise'';
(B) by striking subsections (b) and (d);
and
(C) by redesignating subsection (c) as
subsection (b).
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by inserting after the item relating to section
4213, as inserted by subsection (f)(2), the following
new item:
``Sec. 4214. Plan for transformation of National Nuclear Security
Administration nuclear security enterprise.''.
(h) Tritium Production Program.--Section 4231 of the Atomic
Energy Defense Act (50 U.S.C. 2541) is amended to read as
follows:
``SEC. 4231. TRITIUM PRODUCTION PROGRAM.
``(a) Establishment of Program.--The Secretary of Energy
shall establish a tritium production program that is capable of
meeting the tritium requirements of the United States for
nuclear weapons.
``(b) Location of Tritium Production Facility.--The
Secretary shall locate any new tritium production facility of
the Department of Energy at the Savannah River Site, South
Carolina.''.
(i) Tritium Recycling Facilities.--Section 4234 of the
Atomic Energy Defense Act (50 U.S.C. 2544) is amended--
(1) by striking ``(a) In General.--The Secretary of
Energy'' and inserting ``The Secretary of Energy''; and
(2) by striking subsection (b).
(j) Restricted Data.--Section 4501 of the Atomic Energy
Defense Act (50 U.S.C. 2651) is amended by striking subsection
(c).
(k) Foreign Visitors.--
(1) In general.--Section 4502 of the Atomic Energy
Defense Act (50 U.S.C. 2652) is amended--
(A) in the heading, by striking ``NATIONAL
LABORATORIES'' and inserting ``NATIONAL
SECURITY LABORATORIES'';
(B) by striking ``national laboratory''
each place it appears and inserting ``national
security laboratory''; and
(C) in subsection (g), by striking
paragraphs (3) and (4).
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4502
and inserting the following new item:
``Sec. 4502. Restrictions on access to national security laboratories by
foreign visitors from sensitive countries.''.
(l) Background Investigations.--Section 4503 of the Atomic
Energy Defense Act (50 U.S.C. 2653) is amended--
(1) by striking ``(a) In General.--'';
(2) by striking subsections (b) and (c); and
(3) by striking ``national laboratory'' and
inserting ``national security laboratory''.
(m) Nuclear Defense Intelligence Losses.--
(1) In general.--Section 4505 of the Atomic Energy
Defense Act (50 U.S.C. 2656) is amended--
(A) in the heading, by striking ``NUCLEAR''
and inserting ``ATOMIC'';
(B) in the heading of subsection (b), by
striking ``Nuclear'' and inserting ``atomic
energy''; and
(C) by striking ``nuclear defense'' each
place it appears and inserting ``atomic energy
defense''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4505
and inserting the following new item:
``Sec. 4505. Notice to congressional committees of certain security and
counterintelligence failures within atomic energy defense
programs.''.
(n) Counterintelligence Report.--
(1) In general.--Section 4507 of the Atomic Energy
Defense Act (50 U.S.C. 2658) is amended--
(A) in the heading, by striking ``NATIONAL
LABORATORIES'' and inserting ``NATIONAL
SECURITY LABORATORIES'';
(B) in subsection (a), by striking
``national laboratories'' and inserting
``national security laboratories'';
(C) in subsection (b), by striking
``national laboratory'' and inserting
``national security laboratory''; and
(D) by striking subsection (c).
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4507
and inserting the following new item:
``Sec. 4507. Report on counterintelligence and security practices at
national security laboratories.''.
(o) Computer Security Report.--
(1) In general.--Section 4508 of the Atomic Energy
Defense Act (50 U.S.C. 2659)--
(A) in the heading, by striking ``NATIONAL
LABORATORY'' and inserting ``NATIONAL SECURITY
LABORATORY'';
(B) in subsection (a) and (b), by striking
``national laboratories'' each place it appears
and inserting ``national security
laboratories''; and
(C) by striking subsections (e) and (f).
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4508
and inserting the following new item:
``Sec. 4508. Report on security vulnerabilities of national security
laboratory computers.''.
(p) Document Review.--Section 4521 of the Atomic Energy
Defense Act (50 U.S.C. 2671) is amended by striking subsection
(c).
(q) Reports on Local Impact Assistance.--
(1) In general.--Section 4604(f) of the Atomic
Energy Defense Act (50 U.S.C. 2704(f)) is amended by
adding at the end the following new paragraph:
``(3) In addition to the plans submitted under paragraph
(1), the Secretary shall submit to Congress every six months a
report setting forth a description of, and the amount or value
of, all local impact assistance provided during the preceding
six months under subsection (c)(6).''.
(2) Conforming amendment.--Section 4851 of the
Atomic Energy Defense Act (50 U.S.C. 2821) is repealed.
(3) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4851.
(r) Recruitment and Training.--Section 4622 of the Atomic
Energy Defense Act (50 U.S.C. 2722) is amended--
(1) in subsection (b)--
(A) by striking ``(1) As part of'' and
inserting ``As part of''; and
(B) by striking paragraph (2); and
(2) by striking subsection (d).
(s) Fellowship Program.--
(1) In general.--Section 4623 of the Atomic Energy
Defense Act (50 U.S.C. 2723) is amended--
(A) in the heading, by striking
``DEPARTMENT OF ENERGY NUCLEAR WEAPONS
COMPLEX'' and inserting ``NUCLEAR SECURITY
ENTERPRISE'';
(B) in subsection (a), by striking
``Department of Energy nuclear weapons
complex'' each place it appears and inserting
``nuclear security enterprise'';
(C) in subsection (c), by striking
``following'' and all that follows through the
period at the end and inserting ``national
security laboratories and nuclear weapons
production facilities.''; and
(D) in subsection (f)(2), by striking ``the
Department of Energy for'' and inserting ``the
nuclear security enterprise for''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4623
and inserting the following new item:
``Sec. 4623. Fellowship program for development of skills critical to
the nuclear security enterprise.''.
(t) Cost Overruns.--Section 4713(a)(1)(A) of the Atomic
Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is amended--
(1) by striking ``for Nuclear Security''; and
(2) by striking ``National Nuclear Security''.
(u) Budget Request.--
(1) In general.--Section 4731 of the Atomic Energy
Defense Act (50 U.S.C. 2771) is repealed.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4731.
(v) Contractor Bonuses.--Section 4802 of the Atomic Energy
Defense Act (50 U.S.C. 2782) is amended--
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(w) Funds for Research and Development.--Section 4812 of
the Atomic Energy Defense Act (50 U.S.C. 2792) is amended--
(1) by striking subsections (b) through (d); and
(2) by redesignating subsection (e) as subsection
(b).
(x) Technology Partnerships.--Section 4813(c) of the Atomic
Energy Defense Act (50 U.S.C. 2794(c)) is amended by striking
paragraph (5).
(y) University Collaboration.--Section 4814 of the Atomic
Energy Defense Act (50 U.S.C. 2795) is amended by striking
subsection (c).
(z) Engineering and Manufacturing Research.--Section 4832
of the Atomic Energy Defense Act (50 U.S.C. 2812) is amended--
(1) in subsection (b), by striking ``nuclear
weapons complex'' and inserting ``nuclear security
enterprise''; and
(2) by striking subsections (c) through (e).
(aa) Pilot Program Report.--Section 4833 of the Atomic
Energy Defense Act (50 U.S.C. 2813) is amended by striking
subsection (e).
(bb) Technical Amendments.--
(1) In general.--The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended as follows:
(A) In section 4604(g)(3) (50 U.S.C.
2704(g)(3)), by striking ``; the Pinnellas
Plant, Florida;''.
(B) In the heading of section 4852 (50
U.S.C. 2822), by striking ``NEVADA TEST SITE''
and inserting ``NEVADA NATIONAL SECURITY
SITE''.
(C) By striking ``Nevada Test Site'' each
place it appears and inserting ``Nevada
National Security Site''.
(D) By striking ``Director of Central
Intelligence'' each place it appears and
inserting ``Director of National
Intelligence''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
further amended by striking the item relating to
section 4852 and inserting the following new item:
``Sec. 4852. Payment of costs of operation and maintenance of
infrastructure at Nevada National Security Site.''.
SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY ADMINISTRATION
ACT.
(a) Nuclear Security Enterprise Reference.--
(1) Future-years nuclear security program.--Section
3253(b) of the National Nuclear Security Administration
Act (50 U.S.C. 2453(b)) is amended by striking
``nuclear weapons complex'' each place it appears and
inserting ``nuclear security enterprise''.
(2) GAO reports.--Section 3255 of the National
Nuclear Security Administration Act (50 U.S.C. 2455) is
amended--
(A) in subsection (a), by striking
``nuclear security complex'' each place it
appears and inserting ``nuclear security
enterprise''; and
(B) in subsection (b), by striking
paragraph (3).
(3) Definition.--Section 3281 of the National
Nuclear Security Administration Act (50 U.S.C. 2471) is
amended by adding at the end the following new
paragraph:
``(6) The term `nuclear security enterprise' means
the physical facilities, technology, and human capital
of the national security laboratories and the nuclear
weapons production facilities.''.
(b) Transfer of Functions.--
(1) Funds and personnel.--Section 3291 of the
National Nuclear Security Administration Act (50 U.S.C.
2481) is amended--
(A) in subsection (c), by striking
``specified in subsection (a)'' and inserting
``of the Administration''; and
(B) by adding at the end the following new
subsections:
``(d) Transfer of Funds.--(1) Any balance of appropriations
that the Secretary of Energy determines is available and needed
to finance or discharge a function, power, or duty or an
activity that is transferred to the Administration shall be
transferred to the Administration and used for any purpose for
which those appropriations were originally available. Balances
of appropriations so transferred shall--
``(A) be credited to any applicable appropriation
account of the Administration; or
``(B) be credited to a new account that may be
established on the books of the Department of the
Treasury;
and shall be merged with the funds already credited to
that account and accounted for as one fund.
``(2) Balances of appropriations credited to an account
under paragraph (1)(A) are subject only to such limitations as
are specifically applicable to that account. Balances of
appropriations credited to an account under paragraph (1)(B)
are subject only to such limitations as are applicable to the
appropriations from which they are transferred.
``(e) Personnel.--(1) With respect to any function, power,
or duty or activity of the Department of Energy that is
transferred to the Administration, those employees of the
element of the Department of Energy from which the transfer is
made that the Secretary of Energy determines are needed to
perform that function, power, or duty, or for that activity, as
the case may be, shall be transferred to the Administration.
``(2) The authorized strength in civilian employees of any
element of the Department of Energy from which employees are
transferred under this section is reduced by the number of
employees so transferred.''.
(2) Applicability of existing laws and
regulations.--Section 3296 of the National Nuclear
Security Administration Act (50 U.S.C. 2484) is amended
to read as follows:
``SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS.
``With respect to any facility, mission, or function of the
Department of Energy that the Secretary of Energy transfers to
the Administrator under section 3291, unless otherwise provided
in this title, all provisions of law and regulations in effect
immediately before the date of the transfer that are applicable
to such facility, mission, or function shall continue to apply
to the corresponding functions of the Administration.''.
(3) Rule of construction.--Nothing in section 3291
of the National Nuclear Security Administration Act (50
U.S.C. 2481), as amended by paragraph (1), may be
construed to affect any function or activity
transferred by the Secretary of Energy to the
Administrator for Nuclear Security before the date of
the enactment of this Act.
(c) Repeal of Expired Provisions.--
(1) In general.--The following sections of the
National Nuclear Security Administration Act (50 U.S.C.
2401 et seq.) are repealed:
(A) Section 3242 (50 U.S.C. 2442).
(B) Section 3292 (50 U.S.C. 2482).
(C) Section 3295 (50 U.S.C. 2483).
(D) Section 3297 (50 U.S.C. 2401 note).
(2) Clerical amendments.--The table of contents at
the beginning of the National Nuclear Security
Administration Act is amended by striking the items
relating to sections 3242, 3292, 3295, and 3297.
(d) Technical Amendments to the NNSA Act.--The National
Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is
amended as follows:
(1) In section 3212(a)(2) (50 U.S.C. 2402(a)(2)),
by striking ``as added by section 3202 of this Act,''.
(2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)),
by striking ``section 3158 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(42 U.S.C. 2121 note)'' and inserting ``section 4202(a)
of the Atomic Energy Defense Act (50 U.S.C. 2522(a))''.
(3) In section 3281(2) (50 U.S.C. 2471(2))--
(A) in subparagraph (C), by striking ``Y-12
Plant'' and inserting ``Y-12 National Security
Complex''; and
(B) in subparagraph (D), by striking
``tritium operations facilities at the''.
(4) By striking ``Nevada Test Site'' each place it
appears and inserting ``Nevada National Security
Site''.
(e) Technical Amendment to the DOE Organization Act.--
Section 643 of the Department of Energy Organization Act (42
U.S.C. 7253) is amended by redesignating the second subsection
(b) as subsection (c).
SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR
STOCKPILE STEWARDSHIP, MANAGEMENT, AND
INFRASTRUCTURE.
(a) Consolidated Plan for Stewardship, Management, and
Certification of Warheads in the Nuclear Weapons Stockpile.--
(1) In general.--Section 4203 of the Atomic Energy
Defense Act (50 U.S.C. 2523) is amended to read as
follows:
``SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT, AND
INFRASTRUCTURE PLAN.
``(a) Plan Requirement.--The Administrator, in consultation
with the Secretary of Defense and other appropriate officials
of the departments and agencies of the Federal Government,
shall develop and annually update a plan for sustaining the
nuclear weapons stockpile. The plan shall cover, at a minimum,
stockpile stewardship, stockpile management, stockpile
surveillance, program direction, infrastructure modernization,
human capital, and nuclear test readiness. The plan shall be
consistent with the programmatic and technical requirements of
the most recent annual Nuclear Weapons Stockpile Memorandum.
``(b) Submissions to Congress.--(1) In accordance with
subsection (c), not later than March 15 of each even-numbered
year, the Administrator shall submit to the congressional
defense committees a summary of the plan developed under
subsection (a).
``(2) In accordance with subsection (d), not later than
March 15 of each odd-numbered year, the Administrator shall
submit to the congressional defense committees a detailed
report on the plan developed under subsection (a).
``(3) The summaries and reports required by this subsection
shall be submitted in unclassified form, but may include a
classified annex.
``(c) Elements of Biennial Plan Summary.--Each summary of
the plan submitted under subsection (b)(1) shall include, at a
minimum, the following:
``(1) A summary of the status of the nuclear
weapons stockpile, including the number and age of
warheads (including both active and inactive) for each
warhead type.
``(2) A summary of the status, plans, budgets, and
schedules for warhead life extension programs and any
other programs to modify, update, or replace warhead
types.
``(3) A summary of the methods and information used
to determine that the nuclear weapons stockpile is safe
and reliable, as well as the relationship of science-
based tools to the collection and interpretation of
such information.
``(4) A summary of the status of the nuclear
security enterprise, including programs and plans for
infrastructure modernization and retention of human
capital, as well as associated budgets and schedules.
``(5) Identification of any modifications or
updates to the plan since the previous summary or
detailed report was submitted under subsection (b).
``(6) Such other information as the Administrator
considers appropriate.
``(d) Elements of Biennial Detailed Report.--Each detailed
report on the plan submitted under subsection (b)(2) shall
include, at a minimum, the following:
``(1) With respect to stockpile stewardship and
management--
``(A) the status of the nuclear weapons
stockpile, including the number and age of
warheads (including both active and inactive)
for each warhead type;
``(B) for each five-year period occurring
during the period beginning on the date of the
report and ending on the date that is 20 years
after the date of the report--
``(i) the planned number of nuclear
warheads (including active and
inactive) for each warhead type in the
nuclear weapons stockpile; and
``(ii) the past and projected
future total lifecycle cost of each
type of nuclear weapon;
``(C) the status, plans, budgets, and
schedules for warhead life extension programs
and any other programs to modify, update, or
replace warhead types;
``(D) a description of the process by which
the Administrator assesses the lifetimes, and
requirements for life extension or replacement,
of the nuclear and non-nuclear components of
the warheads (including active and inactive
warheads) in the nuclear weapons stockpile;
``(E) a description of the process used in
recertifying the safety, security, and
reliability of each warhead type in the nuclear
weapons stockpile;
``(F) any concerns of the Administrator
that would affect the ability of the
Administrator to recertify the safety,
security, or reliability of warheads in the
nuclear weapons stockpile (including active and
inactive warheads);
``(G) mechanisms to provide for the
manufacture, maintenance, and modernization of
each warhead type in the nuclear weapons
stockpile, as needed;
``(H) mechanisms to expedite the collection
of information necessary for carrying out the
stockpile management program required by
section 4204, including information relating to
the aging of materials and components, new
manufacturing techniques, and the replacement
or substitution of materials;
``(I) mechanisms to ensure the appropriate
assignment of roles and missions for each
national security laboratory and nuclear
weapons production facility, including
mechanisms for allocation of workload,
mechanisms to ensure the carrying out of
appropriate modernization activities, and
mechanisms to ensure the retention of skilled
personnel;
``(J) mechanisms to ensure that each
national security laboratory has full and
complete access to all weapons data to enable a
rigorous peer-review process to support the
annual assessment of the condition of the
nuclear weapons stockpile required under
section 4205;
``(K) mechanisms for allocating funds for
activities under the stockpile management
program required by section 4204, including
allocations of funds by weapon type and
facility; and
``(L) for each of the five fiscal years
following the fiscal year in which the report
is submitted, an identification of the funds
needed to carry out the program required under
section 4204.
``(2) With respect to science-based tools--
``(A) a description of the information
needed to determine that the nuclear weapons
stockpile is safe and reliable;
``(B) for each science-based tool used to
collect information described in subparagraph
(A), the relationship between such tool and
such information and the effectiveness of such
tool in providing such information based on the
criteria developed pursuant to section 4202(a);
and
``(C) the criteria developed under section
4202(a) (including any updates to such
criteria).
``(3) An assessment of the stockpile stewardship
program under section 4201 by the Administrator, in
consultation with the directors of the national
security laboratories, which shall set forth--
``(A) an identification and description
of--
``(i) any key technical challenges
to the stockpile stewardship program;
and
``(ii) the strategies to address
such challenges without the use of
nuclear testing;
``(B) a strategy for using the science-
based tools (including advanced simulation and
computing capabilities) of each national
security laboratory to ensure that the nuclear
weapons stockpile is safe, secure, and reliable
without the use of nuclear testing;
``(C) an assessment of the science-based
tools (including advanced simulation and
computing capabilities) of each national
security laboratory that exist at the time of
the assessment compared with the science-based
tools expected to exist during the period
covered by the future-years nuclear security
program; and
``(D) an assessment of the core scientific
and technical competencies required to achieve
the objectives of the stockpile stewardship
program and other weapons activities and
weapons-related activities of the
Administration, including--
``(i) the number of scientists,
engineers, and technicians, by
discipline, required to maintain such
competencies; and
``(ii) a description of any
shortage of such individuals that
exists at the time of the assessment
compared with any shortage expected to
exist during the period covered by the
future-years nuclear security program.
``(4) With respect to the nuclear security
infrastructure--
``(A) a description of the modernization
and refurbishment measures the Administrator
determines necessary to meet the requirements
prescribed in--
``(i) the national security
strategy of the United States as set
forth in the most recent national
security strategy report of the
President under section 108 of the
National Security Act of 1947 (50
U.S.C. 404a) if such strategy has been
submitted as of the date of the plan;
``(ii) the most recent quadrennial
defense review if such strategy has not
been submitted as of the date of the
plan; and
``(iii) the most recent Nuclear
Posture Review as of the date of the
plan;
``(B) a schedule for implementing the
measures described under subparagraph (A)
during the 10-year period following the date of
the plan; and
``(C) the estimated levels of annual funds
the Administrator determines necessary to carry
out the measures described under subparagraph
(A), including a discussion of the criteria,
evidence, and strategies on which such
estimated levels of annual funds are based.
``(5) With respect to the nuclear test readiness of
the United States--
``(A) an estimate of the period of time
that would be necessary for the Administrator
to conduct an underground test of a nuclear
weapon once directed by the President to
conduct such a test;
``(B) a description of the level of test
readiness that the Administrator, in
consultation with the Secretary of Defense,
determines to be appropriate;
``(C) a list and description of the
workforce skills and capabilities that are
essential to carrying out an underground
nuclear test at the Nevada National Security
Site;
``(D) a list and description of the
infrastructure and physical plants that are
essential to carrying out an underground
nuclear test at the Nevada National Security
Site; and
``(E) an assessment of the readiness status
of the skills and capabilities described in
subparagraph (C) and the infrastructure and
physical plants described in subparagraph (D).
``(6) Identification of any modifications or
updates to the plan since the previous summary or
detailed report was submitted under subsection (b).
``(e) Nuclear Weapons Council Assessment.--(1) For each
detailed report on the plan submitted under subsection (b)(2),
the Nuclear Weapons Council established by section 179 of title
10, United States Code, shall conduct an assessment that
includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the
requirements of the national security strategy
of the United States or the most recent
quadrennial defense review, as applicable under
subsection (d)(4)(A), and the Nuclear Posture
Review; and
``(ii) whether the modernization and
refurbishment measures described under
subparagraph (A) of subsection (d)(4) and the
schedule described under subparagraph (B) of
such subsection are adequate to support such
requirements.
``(B) An analysis of whether the plan adequately
addresses the requirements for infrastructure
recapitalization of the facilities of the nuclear
security enterprise.
``(C) If the Nuclear Weapons Council determines
that the plan does not adequately support modernization
and refurbishment requirements under subparagraph (A)
or the nuclear security enterprise facilities
infrastructure recapitalization requirements under
subparagraph (B), a risk assessment with respect to--
``(i) supporting the annual certification
of the nuclear weapons stockpile; and
``(ii) maintaining the long-term safety,
security, and reliability of the nuclear
weapons stockpile.
``(2) Not later than 180 days after the date on which the
Administrator submits the plan under subsection (b)(2), the
Nuclear Weapons Council shall submit to the congressional
defense committees a report detailing the assessment required
under paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31, United States Code.
``(2) The term `future-years nuclear security
program' means the program required by section 3253 of
the National Nuclear Security Administration Act (50
U.S.C. 2453).
``(3) The term `nuclear security budget materials',
with respect to a fiscal year, means the materials
submitted to Congress by the Administrator in support
of the budget for that fiscal year.
``(4) The term `quadrennial defense review' means
the review of the defense programs and policies of the
United States that is carried out every four years
under section 118 of title 10, United States Code.
``(5) The term `weapons activities' means each
activity within the budget category of weapons
activities in the budget of the Administration.
``(6) The term `weapons-related activities' means
each activity under the Department of Energy that
involves nuclear weapons, nuclear weapons technology,
or fissile or radioactive materials, including
activities related to--
``(A) nuclear nonproliferation;
``(B) nuclear forensics;
``(C) nuclear intelligence;
``(D) nuclear safety; and
``(E) nuclear incident response.''.
(2) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4203
and inserting the following new item:
``Sec. 4203. Nuclear weapons stockpile stewardship, management, and
infrastructure plan.''.
(b) Repeal of Requirement for Biennial Report on Stockpile
Stewardship Criteria.--
(1) In general.--Section 4202 of the Atomic Energy
Defense Act (50 U.S.C. 2522) is amended by striking
subsections (c) and (d).
(2) Technical amendment.--The heading of such
section is amended to read as follows: ``STOCKPILE
STEWARDSHIP CRITERIA''.
(3) Clerical amendment.--The table of contents at
the beginning of the Atomic Energy Defense Act is
amended by striking the item relating to section 4202
and inserting the following new item:
``Sec. 4202. Stockpile stewardship criteria.''.
(c) Repeal of Requirement for Biennial Plan on
Modernization and Refurbishment of the Nuclear Security
Complex.--
(1) In general.--Section 4203A of the Atomic Energy
Defense Act (50 U.S.C. 2523A) is repealed.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by striking
the item relating to section 4203A.
(d) Repeal of Requirement for Annual Update to Stockpile
Management Program Plan.--Section 4204 of the Atomic Energy
Defense Act (50 U.S.C. 2524) is amended--
(1) in subsection (b)(2)(B), by striking ``nuclear
complex'' and inserting ``nuclear security
enterprise'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection
(c).
(e) Repeal of Requirement for Reports on Nuclear Test
Readiness.--
(1) AEDA.--
(A) In general.--Section 4208 of the Atomic
Energy Defense Act (50 U.S.C. 2528) is
repealed.
(B) Clerical amendment.--The table of
contents for the Atomic Energy Defense Act is
amended by striking the item relating to
section 4208.
(2) NDAA fiscal year 1996.--Section 3152 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 623) is repealed.
SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) GAO Environmental Management Reports.--Section 3134 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2713) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``The
Comptroller'' and all that follows through
``(2),'' and inserting ``Beginning on the date
on which the report under subsection (b)(2) is
submitted, the Comptroller General shall
conduct a review'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as
paragraph (2); and
(D) in paragraph (2), as so redesignated,
by striking ``the end of the period described
in paragraph (2)'' and inserting ``August 30,
2012''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking
``subsection (c)(3)'' and inserting
``subsection (c)(2)''; and
(B) in paragraph (2), by striking ``90
days'' and all that follows through ``(c)(3)''
and inserting ``April 30, 2016, or the date
that is 210 days after the date on which the
Secretary of Energy notifies the Comptroller
General that all American Recovery and
Reinvestment Act funds have been expended,
whichever is earlier''.
(b) Workforce Restructuring Plan Updates.--
(1) In general.--Section 4604 of the Atomic Energy
Defense Act (50 U.S.C. 2704), as amended by section
3131(q), is amended--
(A) in subsection (b)(1), by striking ``and
any updates of the plan under subsection (e)'';
(B) by striking subsection (e);
(C) in subsection (f)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph
(3), as added by such section 3131(q),
as paragraph (2); and
(D) by redesignating subsections (f) and
(g) as subsections (e) and (f), respectively.
(2) Conforming amendment.--Section 4643(d)(1) of
the Atomic Energy Defense Act (50 U.S.C. 2733(d)(1)) is
amended by striking ``section 4604(g)'' and inserting
``section 4604(f)''.
(c) Unclassified Controlled Nuclear Information Quarterly
Report.--Section 148 of the Atomic Energy Act of 1954 (42
U.S.C. 2168) is amended by striking subsection e.
Subtitle D--Reports
SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS.
(a) Prototypes.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by
inserting after section 4215, as added by section 3114(a)(1),
the following new section:
``SEC. 4216. REPORTS ON LIFETIME EXTENSION PROGRAMS.
``(a) Reports Required.--Before proceeding beyond phase 6.2
activities with respect to any lifetime extension program, the
Nuclear Weapons Council established by section 179 of title 10,
United States Code, shall submit to the congressional defense
committees a report on such phase 6.2 activities, including--
``(1) an assessment of the lifetime extension
options considered for the phase 6.2 activities,
including whether the subsystems and components in each
option are considered to be a refurbishment, reuse, or
replacement of such subsystem or component; and
``(2) an assessment of the option selected for the
phase 6.2 activities, including--
``(A) whether the subsystems and components
will be refurbished, reused, or replaced; and
``(B) the advantages and disadvantages of
refurbishment, reuse, and replacement for each
such subsystem and component.
``(b) Phase 6.2 Activities Defined.--In this section, the
term `phase 6.2 activities' means, with respect to a lifetime
extension program, the phase 6.2 feasibility study and option
down-select.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4215, as added by section 3114(a)(2), the
following new item:
``Sec. 4216. Reports on lifetime extension programs.''.
SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-NUCLEAR
INCIDENTS.
(a) Notification.--
(1) In general.--Subtitle C of title XLVI of the
Atomic Energy Defense Act (50 U.S.C. 2731 et seq.), as
amended by section 3161(a), is amended by adding at the
end the following new section:
``SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-NUCLEAR
INCIDENTS.
``(a) Notification.--The Secretary of Energy and the
Administrator, as the case may be, shall submit to the
appropriate congressional committees a notification of a
nuclear criticality incident resulting from a covered program
that results in an injury or fatality or results in the
shutdown, or partial shutdown, of a covered facility by not
later than 15 days after the date of such incident.
``(b) Elements of Notification.--Each notification
submitted under subsection (a) shall include the following:
``(1) A description of the incident, including the
cause of the incident.
``(2) In the case of a criticality incident,
whether the incident caused a facility, or part of a
facility, to be shut down.
``(3) The effect, if any, on the mission of the
Administration or the Office of Environmental
Management of the Department of Energy.
``(4) Any corrective action taken in response to
the incident.
``(c) Database.--(1) The Secretary shall maintain a record
of incidents described in paragraph (2).
``(2) An incident described in this paragraph is any of the
following incidents resulting from a covered program:
``(A) A nuclear criticality incident that results
in an injury or fatality or results in the shutdown, or
partial shutdown, of a covered facility.
``(B) A non-nuclear incident that results in
serious bodily injury or fatality at a covered
facility.
``(d) Cooperation.--In carrying out this section, the
Secretary and the Administrator shall ensure that each
management and operating contractor of a covered facility
cooperates in a timely manner.
``(e) Definitions.--In this section:
``(1) The term `appropriate congressional
committees' means--
``(A) the congressional defense committees;
and
``(B) the Committee on Energy and Commerce
of the House of Representatives and the
Committee on Energy and Natural Resources of
the Senate.
``(2) The term `covered facility' means--
``(A) a facility of the nuclear security
enterprise; and
``(B) a facility conducting activities for
the defense environmental cleanup program of
the Office of Environmental Management of the
Department of Energy.
``(3) The term `covered program' means--
``(A) programs of the Administration; and
``(B) defense environmental cleanup
programs of the Office of Environmental
Management of the Department of Energy.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 4645, as added by section
3161(b), the following new item:
``Sec. 4646. Notification of nuclear criticality and non-nuclear
incidents.''.
(b) Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Energy and the Administrator for Nuclear Security shall
each submit to the appropriate congressional committees
a report detailing any incidents described in paragraph
(2) that occurred during the 10-year period before the
date of the report.
(2) Incidents described.--An incident described in
this paragraph is any of the following incidents that
occurred as a result of programs of the National
Nuclear Security Administration or defense
environmental cleanup programs of the Office of
Environmental Management of the Department of Energy:
(A) A nuclear criticality incident that
resulted in an injury or fatality or resulted
in the shutdown, or partial shutdown, of a
facility of the nuclear security enterprise or
a facility conducting activities for such
defense environmental cleanup programs.
(B) A non-nuclear incident that results in
serious bodily injury or fatality at such a
facility.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Energy and Commerce of
the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINANCIAL BALANCES FOR
ATOMIC ENERGY DEFENSE ACTIVITIES.
(a) Reports Required.--Subtitle C of title XLVII of the
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended
by adding at the end the following new section:
``SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY
DEFENSE ACTIVITIES.
``(a) Reports Required.--Not later than 15 days after the
end of each fiscal year quarter, the Secretary of Energy shall
submit to the congressional defense committees a report on the
financial balances for each atomic energy defense program at
the budget control levels used in the report accompanying the
most current Act appropriating funds for energy and water
development.
``(b) Elements.--Each report under subsection (a) shall set
forth, for each program covered by such report, the following
as of the end of the fiscal year quarter covered by such
report:
``(1) The total amount authorized to be
appropriated, including amounts authorized to be
appropriated in the current fiscal year and amounts
authorized to be appropriated for prior fiscal years.
``(2) The amount unobligated.
``(3) The amount unobligated but committed.
``(4) The amount obligated but uncosted.
``(c) Presentation.--Each report under subsection (a) shall
present information as follows:
``(1) For each program, in summary form and by
fiscal year.
``(2) With financial balances in connection with
funding under recurring DOE national security
authorizations (as that term is defined in section
4701(1)) presented separately from balances in
connection with funding under any other provisions of
law.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4731, as in effect before the amendment
made by section 3131(u)(2) takes effect, the following new
item:
``Sec. 4732. Quarterly reports on financial balances for atomic energy
defense activities.''.
SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW AND DESIGN
COMPETITION RELATED TO NUCLEAR WEAPONS.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall enter into an agreement with the National Academy of
Sciences to conduct a study of peer review and design
competition related to nuclear weapons.
(b) Elements.--The study required by subsection (a) shall
include an assessment of--
(1) the quality and effectiveness of peer review of
designs, development plans, engineering and scientific
activities, and priorities related to both nuclear and
non-nuclear aspects of nuclear weapons;
(2) incentives for effective peer review;
(3) the potential effectiveness, efficiency, and
cost of alternative methods of conducting peer review
and design competition related to both nuclear and non-
nuclear aspects of nuclear weapons, as compared to
current methods;
(4) the known instances where current peer review
practices and design competition succeeded or failed to
find problems or potential problems; and
(5) such other matters related to peer review and
design competition related to nuclear weapons as the
Administrator considers appropriate.
(c) Cooperation and Access to Information and Personnel.--
The Administrator shall ensure that the National Academy of
Sciences receives full and timely cooperation, including full
access to information and personnel, from the National Nuclear
Security Administration and the management and operating
contractors of the Administration for the purposes of
conducting the study under subsection (a).
(d) Report.--
(1) In general.--The National Academy of Sciences
shall submit to the Administrator a report containing
the results of the study conducted under subsection (a)
and any recommendations resulting from the study.
(2) Submittal to congress.--Not later than
September 30, 2014, the Administrator shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate the report submitted
under paragraph (1) and any comments or recommendations
of the Administrator with respect to the report.
(3) Form.--The report submitted under paragraph (1)
shall be in unclassified form, but may include a
classified annex.
SEC. 3145. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS.
(a) Report Required.--
(1) In general.--Not later than March 1 of each
year from 2013 through 2015, the Administrator for
Nuclear Security shall submit to the appropriate
congressional committees a report on the budget,
objectives, and metrics of the defense nuclear
nonproliferation programs of the National Nuclear
Security Administration.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An identification and explanation of
uncommitted balances that are more than the
acceptable carryover thresholds, as determined
by the Secretary of Energy, on a program-by-
program basis.
(B) An identification of foreign countries
that are sharing the cost of implementing
defense nuclear nonproliferation programs,
including an explanation of such cost sharing.
(C) A description of objectives and
measurements for each defense nuclear
nonproliferation program.
(D) A description of the proliferation of
nuclear weapons threat and how each defense
nuclear nonproliferation program activity
counters the threat.
(E) A description and assessment of
nonproliferation activities coordinated with
the Department of Defense to maximize
efficiency and avoid redundancies.
(F) A description of how the defense
nuclear nonproliferation programs are
prioritized to meet the most urgent
nonproliferation requirements.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(c) Form.--The report required by subsection (a)(1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS.
(a) Study.--Not later than 270 days after the date of the
enactment of this Act, the Administrator for Nuclear Security,
in coordination with the Nuclear Weapons Council established by
section 179 of title 10, United States Code, shall submit to
the congressional defense committees a study of plutonium pits,
including--
(1) the availability of plutonium pits--
(A) as of the date of the report; and
(B) after such date as a result of the
dismantlement of nuclear weapons; and
(2) an assessment of the potential for reusing
plutonium pits in future life extension programs.
(b) Matters Included.--The study submitted under subsection
(a) shall include the following:
(1) The feasibility and practicability of potential
full or partial reuse options with respect to plutonium
pits.
(2) The benefits and risks of reusing plutonium
pits.
(3) A list of technical challenges that must be
resolved to certify aged plutonium under dynamic
loading conditions and the full stockpile-to-target
sequence of weapons, including a program plan and
timeline for resolving such technical challenges and an
assessment of the importance of resolving outstanding
materials issues on certifying aged plutonium pits.
(4) A list of the facilities that will perform the
testing and experiments required to resolve the
technical challenges identified under paragraph (3).
(5) The potential costs and cost savings of such
reuse.
(6) The effects of such reuse on the requirements
for plutonium pit manufacturing.
(7) An assessment of how such reuse affects plans
to build a responsive nuclear weapons infrastructure.
SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION REQUIREMENT.
(a) Assessment.--The Secretary of Defense, in coordination
with the Secretary of Energy and the Commander of the United
States Strategic Command, shall assess the annual plutonium pit
production requirement needed to sustain a safe, secure, and
reliable nuclear weapon arsenal.
(b) Reports.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of Energy
and the Commander of the United States Strategic
Command, shall submit to the congressional defense
committees a report regarding the assessment conducted
under subsection (a), including--
(A) an explanation of the rationale and
assumptions that led to the current 50 to 80
plutonium pit production requirement, including
the factors considered in determining such
requirement;
(B) an analysis of whether there are any
changes to the current 50 to 80 plutonium pit
production requirement, including the reasons
for any such changes;
(C) the cost and implications for national
security of various smaller and larger pit
production capacities, including with respect
to--
(i) the ability to respond to
geopolitical and technical risks;
(ii) the sustainment of the nuclear
weapons stockpile, including options
available for life extension programs;
and
(iii) impacts on the requirements
for the inactive and reserve nuclear
weapons stockpile.
(2) Update.--If the report under paragraph (1) does
not incorporate the results of the Nuclear Posture
Review Implementation Study, the Secretary of Defense,
in coordination with the Secretary of Energy and the
Commander of the United States Strategic Command, shall
submit to the congressional defense committees an
update to the report under paragraph (1) that
incorporates the results of such study by not later
than 90 days after the date on which such committees
receive such study.
(c) Form.--The reports under paragraphs (1) and (2) of
subsection (b) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR NATIONAL
SECURITY LABORATORIES.
(a) Independent Assessment.--
(1) In general.--The Administrator for Nuclear
Security shall commission an independent assessment
regarding the transition of the national security
laboratories to multiagency federally funded research
and development centers with direct sustainment and
sponsorship by multiple national security agencies. The
organization selected to conduct the independent
assessment shall have recognized credentials and
expertise in national security science and engineering
laboratories.
(2) Background material.--The assessment shall
leverage previous studies, including--
(A) the report published in 2009 by the
Stimson Center titled ``Leveraging Science for
Security: A Strategy for the Nuclear Weapons
Laboratories in the 21st Century''; and
(B) the Phase 1 report published in 2012 by
the National Academy of Sciences titled
``Managing for High-Quality Science and
Engineering at the NNSA National Security
laboratories''.
(3) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following elements:
(A) An assessment of a new governance
structure that--
(i) gives multiple national
security agencies, including the
Department of Defense, the Department
of Homeland Security, the Department of
Energy, and the intelligence community,
direct sponsorship of the national
security laboratories as federally
funded research and development centers
so that such agencies have more direct
and rapid access to the assets
available at the laboratories and the
responsibility to provide sustainable
support for the science and technology
needs of the agencies at the
laboratories;
(ii) reduces costs to the Federal
Government for the use of the resources
of the laboratories, while enhancing
the stewardship of these national
resources and maximizing their service
to the Nation;
(iii) enhances the overall quality
of the scientific research and
engineering capability of the
laboratories, including their ability
to recruit and retain top scientists
and engineers; and
(iv) maintains as paramount the
capabilities required to support the
nuclear stockpile stewardship and
related nuclear missions.
(B) A recommendation as to which, if any,
other laboratories associated with any national
security agency should be included in the new
governance structure.
(C) Options for implementing the new
governance structure that minimize disruption
of performance and costs to the government
while rapidly achieving anticipated gains.
(D) Legislative changes and executive
actions that would need to be made in order to
implement the new governance structure.
(b) Report.--
(1) In general.--Not later than January 1, 2014,
the organization selected to conduct the independent
assessment under subsection (a)(1) shall submit to the
Administrator and the congressional defense committees
a report that contains the findings of the assessment.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(c) Definition.--In this section, the term ``national
security laboratory'' has the meaning given that term in
section 3281 of the National Nuclear Security Administration
Act (50 U.S.C. 2471).
SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND FUNCTIONS OF THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Nuclear Weapons Council
established by section 179 of title 10, United States Code,
shall submit to the congressional defense committees a report
setting forth the assessment of the Council as to the
feasibility of finding further efficiencies in the facilities
and functions of the National Nuclear Security Administration
in order to reduce costs.
(b) Process.--If the assessment of the Council in the
report under subsection (a) is that excess facilities or
duplicative functions exist and seeking efficiencies in the
facilities and functions of the Administration is feasible and
would reduce cost, the report shall include recommendations for
a process to determine the manner in which such efficiencies
should be accomplished, including an estimate of the time
required to complete the process.
(c) Limitation on Availability of Certain Funds Pending
Report.--Amounts authorized to be appropriated by this title
and available for the facility projects in the Department of
Energy Readiness and Technical Base designated 04-D-125 and 06-
D-141 may not be obligated or expended for CD-3, Start of
Construction (as found in Department of Energy Order 413.3 B
Program and Project Management for the Acquisition of Capital
Assets), until the submittal under subsection (a) of the report
required by that subsection.
SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY ZONES.
(a) Study.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
appropriate congressional committees a study in
accordance with paragraph (3).
(2) Consultation.--The Comptroller General may, in
conducting the study required under paragraph (1),
consult with the Secretary of Energy, the Secretary of
Homeland Security, the Secretary of State, the Nuclear
Regulatory Commission, and such other departments and
agencies of the United States Government as the
Comptroller General considers appropriate.
(3) Matters included.--The study under paragraph
(1) shall include the following:
(A) An assessment of the radioactive
isotopes and associated activity levels that
present the greatest risk to national and
international security.
(B) A review of current efforts by the
Federal Government to secure radiological
materials abroad, including coordination with
foreign governments, the European Union, the
International Atomic Energy Agency, other
international programs, and nongovernmental
organizations that identify, register, secure,
remove, and provide for the disposition of
high-risk radiological materials worldwide.
(C) A review of current efforts of the
Federal Government to secure radiological
materials domestically at civilian sites,
including hospitals, industrial sites, and
other locations.
(D) A definition of regional radiological
security zones, including the subset of the
materials of concern to be the immediate focus
and the security best practices required to
achieve that goal.
(E) An assessment of the feasibility, cost,
desirability, and added benefit of establishing
regional radiological security zones in high
priority areas worldwide in order to facilitate
regional collaboration in--
(i) identifying and inventorying
high-activity radiological sources at
high-risk sites;
(ii) reviewing national level
regulations, inspections,
transportation security, and security
upgrade options; and
(iii) assessing opportunities for
the harmonization of regulations and
security practices among the nations of
the region.
(F) An assessment of the feasibility, cost,
desirability, and added benefit of establishing
remote regional monitoring centers that would
receive real-time data from radiological
security sites, would be staffed by trained
personnel from the countries in the region, and
would alert local law enforcement in the event
of a potential or actual terrorist incident or
other emergency.
(G) An assessment of the feasibility and
cost of securing radiological materials in the
United States and through regional monitoring
centers, taking into account the threat and
consequences of a terrorist attack using
fissile materials as compared to the threat and
consequences of a terrorist attack using
radiological materials.
(H) A list and assessment of the best
practices used in the United States that are
most critical in enhancing domestic
radiological material security and could be
used to enhance radiological security
worldwide.
(I) An assessment of the United States
entity or entities that would be best suited to
lead efforts to establish a radiological
security zone program.
(J) An estimate of the costs associated
with the implementation of a radiological
security zone program.
(K) An assessment of the known locations
outside the United States housing high-risk
radiological materials in excess of 1,000
curies.
(L) An assessment of how efforts to secure
radiological materials might impact the
available resources, capabilities, and capacity
of the United States that would be used to
secure fissile materials.
(4) Form.--The study required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 3151. REPORT ON ABANDONED URANIUM MINES.
(a) Report.--
(1) In general.--The Secretary of Energy, in
consultation with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency,
shall undertake a review of, and prepare a report on,
abandoned uranium mines in the United States that
provided uranium ore for atomic energy defense
activities of the United States.
(2) Matters to be addressed.--The report shall
describe and analyze--
(A) the location of the abandoned uranium
mines described in paragraph (1) on Federal,
State, tribal, and private land, taking into
account any existing inventories undertaken by
Federal agencies, States, and Indian tribes,
and any additional information available to the
Secretary;
(B) the extent to which the abandoned
uranium mines--
(i) pose, or may pose, a
significant radiation hazard or other
significant threat to public health and
safety; and
(ii) have caused, or may cause,
significant water quality degradation
or other environmental degradation;
(C) a ranking of priority by category for
the remediation and reclamation of the
abandoned uranium mines;
(D) the potential cost and feasibility of
remediating and reclaiming, in accordance with
applicable Federal law, each category of
abandoned uranium mines; and
(E) the status of any efforts to remediate
and reclaim abandoned uranium mines.
(b) Consultation.--In preparing the report under subsection
(a), the Secretary shall consult with any other relevant
Federal agencies, affected States and Indian tribes, and
interested members of the public.
(c) Report to Congress.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees the
report under subsection (a)(1).
(2) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committees on Armed Services of the
Senate and the House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate, the Committee on
Energy and Commerce of the House of
Representatives, and the Committee on Natural
Resources of the House of Representatives.
(d) Construction.--Nothing in this section may be construed
to affect any responsibility or liability of the Federal
Government, a State, an Indian tribe, or a person with respect
to the remediation of an abandoned uranium mine.
Subtitle E--Other Matters
SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE NUCLEAR
SAFETY.
(a) In General.--Subtitle C of title XLVI of the Atomic
Energy Defense Act (50 U.S.C. 2731 et seq.) is amended by
adding at the end the following new section:
``SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE NUCLEAR
SAFETY OF FACILITIES OF THE ADMINISTRATION AND THE
OFFICE OF ENVIRONMENTAL MANAGEMENT.
``(a) Nuclear Safety at NNSA and DOE Facilities.--The
Administrator and the Secretary of Energy shall ensure that the
methods for assessing, certifying, and overseeing nuclear
safety at the facilities specified in subsection (c) use
national and international standards and nuclear industry best
practices, including probabilistic or quantitative risk
assessment if sufficient data exist.
``(b) Adequate Protection.--The use of probabilistic or
quantitative risk assessment under subsection (a) shall be to
support, rather than replace, the requirement under section 182
of the Atomic Energy Act of 1954 (42 U.S.C. 2232) that the
utilization or production of special nuclear material will be
in accordance with the common defense and security and will
provide adequate protection to the health and safety of the
public.
``(c) Facilities Specified.--Subsection (a) shall apply--
``(1) to the Administrator with respect to the
national security laboratories and the nuclear weapons
production facilities; and
``(2) to the Secretary of Energy with respect to
defense nuclear facilities of the Office of
Environmental Management of the Department of
Energy.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4644 the following new item:
``Sec. 4645. Use of probabilistic risk assessment to ensure nuclear
safety of facilities of the Administration and the Office of
Environmental Management.''.
SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION REPORTS AND
INDEPENDENT COST ESTIMATES ON LIFE EXTENSION
PROGRAMS AND NEW NUCLEAR FACILITIES.
(a) Submittal Required.--Subtitle A of title XLII of the
Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended
by inserting after section 4216, as added by section 3141(a),
the following new section:
``SEC. 4217. SELECTED ACQUISITION REPORTS AND INDEPENDENT COST
ESTIMATES ON LIFE EXTENSION PROGRAMS AND NEW
NUCLEAR FACILITIES.
``(a) Selected Acquisition Reports.--(1) At the end of each
fiscal-year quarter, the Secretary of Energy, acting through
the Administrator, shall submit to the congressional defense
committees a report on each nuclear weapon system undergoing
life extension. The reports shall be known as Selected
Acquisition Reports for the weapon system concerned.
``(2) The information contained in the Selected Acquisition
Report for a fiscal-year quarter for a nuclear weapon system
shall be the information contained in the Selected Acquisition
Report for such fiscal-year quarter for a major defense
acquisition program under section 2432 of title 10, United
States Code, expressed in terms of the nuclear weapon system.
``(b) Independent Cost Estimates.--(1) The Secretary,
acting through the Administrator, shall submit to the
congressional defense committees and the Nuclear Weapons
Council established under section 179 of title 10, United
States Code, an independent cost estimate of the following:
``(A) Each nuclear weapon system undergoing life
extension at the completion of phase 6.2A, relating to
design definition and cost study.
``(B) Each nuclear weapon system undergoing life
extension before initiation of phase 6.5, relating to
first production.
``(C) Each new nuclear facility within the nuclear
security enterprise that is estimated to cost more than
$500,000,000 before such facility achieves critical
decision 2 in the acquisition process.
``(2) A cost estimate for purposes of this subsection may
not be prepared by the Department of Energy or the
Administration.
``(c) Authority for Further Assessments.--Upon the request
of the Administrator, the Secretary of Defense, acting through
the Director of Cost Assessment and Program Evaluation and in
consultation with the Administrator, may conduct an independent
cost assessment of any initiative or program of the
Administration that is estimated to cost more than
$500,000,000.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to 4216, as added by section 3141(b), the following
new item:
``Sec. 4217. Selected Acquisition Reports and independent cost estimates
on life extension programs and new nuclear facilities.''.
SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA.
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
2162) is amended--
(1) in subsection d.--
(A) by inserting ``(1)'' before ``The
Commission''; and
(B) by adding at the end the following:
``(2) The Commission may restore to the Restricted Data
category any information related to the design of nuclear
weapons removed under paragraph (1) if the Commission and the
Department of Defense jointly determine that--
``(A) the programmatic requirements that caused the
information to be removed from the Restricted Data
category are no longer applicable or have diminished;
``(B) the information would be more appropriately
protected as Restricted Data; and
``(C) restoring the information to the Restricted
Data category is in the interest of national security.
``(3) In carrying out paragraph (2), information related to
the design of nuclear weapons shall be restored to the
Restricted Data category in accordance with regulations
prescribed for purposes of such paragraph.''; and
(2) in subsection e.--
(A) by inserting ``(1)'' before ``The
Commission'';
(B) by striking ``Central'' and inserting
``National''; and
(C) by adding at the end the following:
``(2) The Commission may restore to the Restricted Data
category any information concerning atomic energy programs of
other nations removed under paragraph (1) if the Commission and
the Director of National Intelligence jointly determine that--
``(A) the programmatic requirements that caused the
information to be removed from the Restricted Data
category are no longer applicable or have diminished;
``(B) the information would be more appropriately
protected as Restricted Data; and
``(C) restoring the information to the Restricted
Data category is in the interest of national security.
``(3) In carrying out paragraph (2), information concerning
atomic energy programs of other nations shall be restored to
the Restricted Data category in accordance with regulations
prescribed for purposes of such paragraph.''.
SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING SAFETY, SECURITY,
AND RELIABILITY OF UNITED STATES NUCLEAR WEAPONS
STOCKPILE AND NUCLEAR FORCES.
(a) In General.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274p) is--
(1) transferred to the Atomic Energy Defense Act
(50 U.S.C. 2501 et seq.);
(2) inserted after section 4217 of such Act, as
added by section 3162(a);
(3) redesignated as section 4218; and
(4) amended by amending subsection (f) to read as
follows:
``(f) Expression of Individual Views.--
``(1) In general.--No individual, including
representatives of the President, may take any action
against, or otherwise constrain, a director of a
national security laboratory or a nuclear weapons
production facility, a member of the Nuclear Weapons
Council established under section 179 of title 10,
United States Code, or the Commander of the United
States Strategic Command from presenting the
professional views of the director, member, or
Commander, as the case may be, to the President, the
National Security Council, or Congress regarding--
``(A) the safety, security, reliability, or
credibility of the nuclear weapons stockpile
and nuclear forces; or
``(B) the status of, and plans for, the
capabilities and infrastructure that support
and sustain the nuclear weapons stockpile and
nuclear forces.
``(2) Construction.--Nothing in paragraph (1)(B)
may be construed to affect the interagency budget
process.''.
(b) Conforming Amendments.--Section 4218 of the Atomic
Energy Defense Act, as added by subsection (a), is amended--
(1) by striking ``nuclear weapons laboratories''
each place it appears and inserting ``national security
laboratories'';
(2) by striking ``nuclear weapons laboratory'' each
place it appears and inserting ``national security
laboratory'';
(3) by striking ``nuclear weapons production
plants'' each place it appears and inserting ``nuclear
weapons production facilities'';
(4) by striking ``nuclear weapons production
plant'' each place it appears and inserting ``nuclear
weapons production facility''; and
(5) by amending subsection (g) to read as follows:
``(g) Representative of the President Defined.--In this
section, the term `representative of the President' means the
following:
``(1) Any official of the Department of Defense or
the Department of Energy who is appointed by the
President and confirmed by the Senate.
``(2) Any member or official of the National
Security Council.
``(3) Any member or official of the Joint Chiefs of
Staff.
``(4) Any official of the Office of Management and
Budget.''.
(c) Clerical Amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4217, as added by
section 3162(b), the following new item:
``Sec. 4218. Advice to President and Congress regarding safety,
security, and reliability of United States nuclear weapons
stockpile.''.
SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMERCIALIZATION.
(a) Pilot Program.--The Secretary of Energy, in
consultation with the Technology Transfer Coordinator appointed
under section 1001(a) of the Energy Policy Act of 2005 (42
U.S.C. 16391(a)), may carry out a pilot program at a national
security laboratory for the purpose of accelerating technology
transfer from such laboratories to the marketplace with respect
to technologies that directly advance the mission of the
National Nuclear Security Administration.
(b) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate on the date that
is two years after the date of the enactment of this Act.
(c) Reports.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report on the pilot program under subsection (a).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An identification of opportunities for
accelerating technology transfer from national
security laboratories to the marketplace.
(B) If the Secretary chooses to carry out
the pilot program under subsection (a), a
description of the plan to carry out such
program.
(C) If the Secretary chooses not to carry
out the pilot program under subsection (a), a
description of why the program will not be
carried out.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means the following:
(A) The Committees on Armed Services of the
Senate and House of Representatives.
(B) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Science, Space, and Technology of the House
of Representatives.
(C) The Committee on Energy and Natural
Resources of the Senate and the Committee on
Energy and Commerce of the House of
Representatives.
(2) The term ``national security laboratory'' has
the meaning given that term in section 3281 of the
National Nuclear Security Administration Act (50 U.S.C.
2471).
SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF THE
NUCLEAR SECURITY ENTERPRISE.
(a) Establishment.--There is established a congressional
advisory panel to be known as the ``Congressional Advisory
Panel on the Governance of the Nuclear Security Enterprise''
(in this section referred to as the ``advisory panel''). The
purpose of the advisory panel is to examine options and make
recommendations for revising the governance structure, mission,
and management of the nuclear security enterprise.
(b) Composition and Meetings.--
(1) Membership.--The advisory panel shall be
composed of 12 members appointed as follows:
(A) Two by the chairman of the Committee on
Armed Services of the House of Representatives.
(B) Two by the ranking minority member of
the Committee on Armed Services of the House of
Representatives.
(C) Two by the chairman of the Committee on
Armed Services of the Senate.
(D) Two by the ranking minority member of
the Committee on Armed Services of the Senate.
(E) One by the Speaker of the House of
Representatives.
(F) One by the minority leader of the House
of Representatives.
(G) One by the majority leader of the
Senate.
(H) One by the minority leader of the
Senate.
(2) Co-chairmen.--Two members of the advisory panel
shall serve as co-chairmen of the advisory panel. The
co-chairmen shall be designated as follows:
(A) The chairman of the Committee on Armed
Services of the House of Representatives and
the ranking minority member of the Committee on
Armed Services of the Senate, in consultation
with the Speaker of the House of
Representatives and the minority leader of the
Senate, shall jointly designate one member of
the advisory panel to serve as co-chairman of
the advisory panel.
(B) The chairman of the Committee on Armed
Services of the Senate and the ranking minority
member of the Committee on Armed Services of
the House of Representatives, in consultation
with the majority leader of the Senate and the
minority leader of the House of
Representatives, shall jointly designate one
member of the advisory panel to serve as co-
chairman of the advisory panel.
(3) Security clearance required.--Each individual
appointed as a member of the advisory panel shall
possess (or have recently possessed before the date of
such appointment) the appropriate security clearance
necessary to carry out the duties of the advisory
panel.
(4) Period of appointment; vacancies.--Each member
of the advisory panel shall be appointed for the life
of the advisory panel. Any vacancy in the advisory
panel shall be filled in the same manner as the
original appointment.
(5) Meetings.--The advisory panel shall commence
its first meeting by not later than March 1, 2013, so
long as at least two members have been appointed under
paragraph (1) by such date.
(c) Cooperation From Government.--
(1) Cooperation.--The advisory panel shall receive
the full and timely cooperation of the Secretary of
Defense, the Secretary of Energy, and any other Federal
official in providing the advisory panel with analyses,
briefings, and other information, including access to
classified information, necessary for the advisory
panel to carry out its duties under this section. With
respect to access to classified information, the
Director of National Intelligence may determine which
information is necessary under this paragraph.
(2) Liaison.--The following heads of Federal
agencies shall each designate at least one officer or
employee of the respective agency to serve as a liaison
officer between the agency and the advisory panel:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Secretary of Energy.
(D) The Secretary of Homeland Security.
(E) The Director of National Intelligence.
(d) Reports Required.--
(1) Interim report.--Not later than 180 days after
the date of the enactment of this Act, the advisory
panel shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Committees on
Armed Services and Energy and Natural Resources of the
Senate, and the Committees on Armed Services and Energy
and Commerce of the House of Representatives an interim
report on the initial findings, conclusions, and
recommendations of the advisory panel. To the extent
practicable, the interim report shall address the
matters described in paragraph (2) and focus on the
immediate, near-term actions the advisory panel
recommends be taken.
(2) Report.--Not later than February 1, 2014, the
advisory panel shall submit to the President, the
Secretary of Defense, the Secretary of Energy, the
Committees on Armed Services and Energy and Natural
Resources of the Senate, and the Committees on Armed
Services and Energy and Commerce of the House of
Representatives a report on the findings, conclusions,
and recommendations of the advisory panel. The report
shall include the following:
(A) An assessment of each option considered
by the advisory panel for revising the
governance structure, mission, and management
of the nuclear security enterprise, including
the advantages, disadvantages, costs, risks,
and benefits of each such option.
(B) The recommendation of the advisory
panel with respect to the most appropriate
governance structure, mission, and management
of the nuclear security enterprise.
(C) Recommendations of the advisory panel
with respect to--
(i) the appropriate missions of the
nuclear security enterprise, including
how complementary missions should be
managed while ensuring focus on core
missions;
(ii) the organization and structure
of the nuclear security enterprise and
the Federal agency responsible for such
enterprise;
(iii) the roles, responsibilities,
and authorities of Federal agencies,
Federal officials, the national
security laboratories and nuclear
weapons production facilities, and the
directors of such laboratories and
facilities, including mechanisms for
holding such officials and directors
accountable;
(iv) the allocation of roles and
responsibilities with respect to the
mission, operations, safety, and
security of the nuclear security
enterprise;
(v) the relationships among the
Federal agency responsible for the
nuclear security enterprise and the
National Security Council, the Nuclear
Weapons Council, the Department of
Energy, the Department of Defense, and
other Federal agencies;
(vi) the interagency planning,
programming, and budgeting process for
the nuclear security enterprise;
(vii) the appropriate means for
managing and overseeing the nuclear
security enterprise, including the role
of federally funded research and
development centers, the role and
impact of various contracting and fee
structures, the appropriate role of
contract competition and nonprofit and
for-profit contractors, and the use of
performance-based and transactional
oversight;
(viii) the appropriate means for
ensuring the health of the intellectual
capital of the nuclear security
enterprise, including recruitment and
retention of personnel and enhancement
of a robust professional culture of
excellence;
(ix) the appropriate means for
ensuring the health and sustainment of
the critical capabilities and physical
infrastructure of the nuclear security
enterprise;
(x) infrastructure, rules,
regulations, best practices, standards,
and appropriate oversight mechanisms to
ensure robust protection of the health
and safety of workers and the public
while also providing such workers the
ability to effectively and efficiently
carry out their mission;
(xi) the appropriate congressional
committee structure for oversight of
the nuclear security enterprise;
(xii) the length of the terms and
suggested qualifications for senior
officials of the Federal agency
responsible for the nuclear security
enterprise;
(xiii) contracting, budget
planning, program management, and
regulatory changes to reduce the cost
of programs and administration without
eroding mission effectiveness or
requirements and ensuring robust
protection of the health and safety of
workers and the public; and
(xiv) statutory, regulatory, and
policy changes necessary for
implementing the recommendations of the
advisory panel.
(D) An assessment of if and how the
recommendations of the advisory panel will lead
to greater mission focus and more effective and
efficient program management for the nuclear
security enterprise.
(E) Any other information or
recommendations relating to the future of the
nuclear security enterprise that the advisory
panel considers appropriate.
(e) Funding.--Of the amounts authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the Department of Defense, not more than $3,000,000 shall
be made available to the advisory panel to carry out this
section.
(f) Termination.--The advisory panel shall terminate not
later than June 1, 2014.
(g) Definitions.--In this section:
(1) The term ``national security laboratory'' has
the meaning given that term in section 4002(6) of the
Atomic Energy Defense Act, as amended by section
3131(a).
(2) The term ``nuclear security enterprise'' has
the meaning given that term in section 4002(5) of the
Atomic Energy Defense Act, as amended by section
3131(a).
(3) The term ``nuclear weapons production
facility'' has the meaning given that term in section
4002(7) of the Atomic Energy Defense Act, as amended by
section 3131(a).
Subtitle F--American Medical Isotopes Production
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``American Medical
Isotopes Production Act of 2012''.
SEC. 3172. DEFINITIONS.
In this subtitle:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Highly enriched uranium.--The term ``highly
enriched uranium'' means uranium enriched to 20 percent
or greater in the isotope U-235.
(3) Low enriched uranium.--The term ``low enriched
uranium'' means uranium enriched to less than 20
percent in the isotope U-235.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE
SUPPLY.
(a) Medical Isotope Development Projects.--
(1) In general.--The Secretary shall carry out a
technology-neutral program--
(A) to evaluate and support projects for
the production in the United States, without
the use of highly enriched uranium, of
significant quantities of molybdenum-99 for
medical uses;
(B) to be carried out in cooperation with
non-Federal entities; and
(C) the costs of which shall be shared in
accordance with section 988 of the Energy
Policy Act of 2005 (42 U.S.C. 16352).
(2) Criteria.--Projects shall be evaluated against
the following primary criteria:
(A) The length of time necessary for the
proposed project to begin production of
molybdenum-99 for medical uses within the
United States.
(B) The capability of the proposed project
to produce a significant percentage of United
States demand for molybdenum-99 for medical
uses.
(C) The capability of the proposed project
to produce molybdenum-99 in a cost-effective
manner.
(D) The cost of the proposed project.
(3) Exemption.--An existing reactor in the United
States fueled with highly enriched uranium shall not be
disqualified from the program if the Secretary
determines that--
(A) there is no alternative nuclear reactor
fuel, enriched in the isotope U-235 to less
than 20 percent, that can be used in that
reactor;
(B) the reactor operator has provided
assurances that, whenever an alternative
nuclear reactor fuel, enriched in the isotope
U-235 to less than 20 percent, can be used in
that reactor, it will use that alternative in
lieu of highly enriched uranium; and
(C) the reactor operator has provided a
current report on the status of its efforts to
convert the reactor to an alternative nuclear
reactor fuel enriched in the isotope U-235 to
less than 20 percent, and an anticipated
schedule for completion of conversion.
(4) Public participation and review.--The Secretary
shall--
(A) develop a program plan and annually
update the program plan through public
workshops; and
(B) use the Nuclear Science Advisory
Committee to conduct annual reviews of the
progress made in achieving the program goals
and make recommendations to improve program
effectiveness.
(b) Development Assistance.--The Secretary shall carry out
a program to provide assistance for--
(1) the development of fuels, targets, and
processes for domestic molybdenum-99 production that do
not use highly enriched uranium; and
(2) commercial operations using the fuels, targets,
and processes described in paragraph (1).
(c) Uranium Lease and Take-back.--
(1) In general.--The Secretary shall establish a
program to make low enriched uranium available, through
lease contracts, for irradiation for the production of
molybdenum-99 for medical uses.
(2) Title.--The lease contracts shall provide for
the producers of the molybdenum-99 to take title to and
be responsible for the molybdenum-99 created by the
irradiation, processing, or purification of uranium
leased under this section.
(3) Duties.--
(A) Secretary.--The lease contracts shall
require the Secretary--
(i) to retain responsibility for
the final disposition of spent nuclear
fuel created by the irradiation,
processing, or purification of uranium
leased under this section for the
production of medical isotopes; and
(ii) to take title to and be
responsible for the final disposition
of radioactive waste created by the
irradiation, processing, or
purification of uranium leased under
this section for which the Secretary
determines the producer does not have
access to a disposal path.
(B) Producer.--The producer of the spent
nuclear fuel and radioactive waste shall
accurately characterize, appropriately package,
and transport the spent nuclear fuel and
radioactive waste prior to acceptance by the
Department.
(4) Compensation.--
(A) In general.--Subject to subparagraph
(B), the lease contracts shall provide for
compensation in cash amounts equivalent to
prevailing market rates for the sale of
comparable uranium products and for
compensation in cash amounts equivalent to the
net present value of the cost to the Federal
Government for--
(i) the final disposition of spent
nuclear fuel and radioactive waste for
which the Department is responsible
under paragraph (3); and
(ii) other costs associated with
carrying out the uranium lease and
take-back program authorized by this
subsection.
(B) Discount rate.--The discount rate used
to determine the net present value of costs
described in subparagraph (A)(ii) shall be not
greater than the average interest rate on
marketable Treasury securities.
(5) Authorized use of funds.--Subject to the
availability of appropriations, the Secretary may
obligate and expend funds received under leases entered
into under this subsection, which shall remain
available until expended, for the purpose of carrying
out the activities authorized by this subtitle,
including activities related to the final disposition
of spent nuclear fuel and radioactive waste for which
the Department is responsible under paragraph (3).
(6) Exchange of uranium for services.--The
Secretary shall not barter or otherwise sell or
transfer uranium in any form in exchange for--
(A) services related to the final
disposition of the spent nuclear fuel and
radioactive waste for which the Department is
responsible under paragraph (3); or
(B) any other services associated with
carrying out the uranium lease and take-back
program authorized by this subsection.
(d) Coordination of Environmental Reviews.--The Department
and the Nuclear Regulatory Commission shall ensure to the
maximum extent practicable that environmental reviews for the
production of the medical isotopes shall complement and not
duplicate each review.
(e) Operational Date.--The Secretary shall establish a
program as described in subsection (c)(3) not later than 3
years after the date of enactment of this Act.
(f) Radioactive Waste.--Notwithstanding section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive
material resulting from the production of medical isotopes that
has been permanently removed from a reactor or subcritical
assembly and for which there is no further use shall be
considered low-level radioactive waste if the material is
acceptable under Federal requirements for disposal as low-level
radioactive waste.
SEC. 3174. EXPORTS.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C.
2160d) is amended by striking subsection c. and inserting the
following:
``c. Medical Production License Sunset.--Effective 7 years
after the date of enactment of the American Medical Isotopes
Production Act of 2012, the Commission may not issue a license
for the export of highly enriched uranium from the United
States for the purposes of medical isotope production.
``d. Medical Production License Extension.--The period
referred to in subsection c. may be extended for no more than 6
years if, no earlier than 6 years after the date of enactment
of the American Medical Isotopes Production Act of 2012, the
Secretary of Energy certifies to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate that--
``(1) there is insufficient global supply of
molybdenum-99 produced without the use of highly
enriched uranium available to satisfy the domestic
United States market; and
``(2) the export of United States-origin highly
enriched uranium for the purposes of medical isotope
production is the most effective temporary means to
increase the supply of molybdenum-99 to the domestic
United States market.
``e. Public Notice.--To ensure public review and comment,
the development of the certification described in subsection d.
shall be carried out through announcement in the Federal
Register.
``f. Joint Certification.--
``(1) In general.--In accordance with paragraph
(2), the ban on the export of highly enriched uranium
for purposes of medical isotope production referred to
in subsections c. and d. shall not go into effect
unless the Secretary of Energy and the Secretary of
Health and Human Services have jointly certified that--
``(A) there is a sufficient supply of
molybdenum-99 produced without the use of
highly enriched uranium available to meet the
needs of patients in the United States; and
``(B) it is not necessary to export United
States-origin highly enriched uranium for the
purposes of medical isotope production in order
to meet United States patient needs.
``(2) Time of certification.--The joint
certification under paragraph (1) shall be made not
later than 7 years after the date of enactment of the
American Medical Isotopes Production Act of 2012,
except that, if the period referred to in subsection c.
is extended under subsection d., the 7-year deadline
under this paragraph shall be extended by a period
equal to the period of such extension under subsection
d.
``g. Suspension of Medical Production License.--At any time
after the restriction of export licenses provided for in
subsection c. becomes effective, if there is a critical
shortage in the supply of molybdenum-99 available to satisfy
the domestic United States medical isotope needs, the
restriction of export licenses may be suspended for a period of
no more than 12 months, if--
``(1) the Secretary of Energy certifies to the
Congress that the export of United States-origin highly
enriched uranium for the purposes of medical isotope
production is the only effective temporary means to
increase the supply of molybdenum-99 necessary to meet
United States medical isotope needs during that period;
and
``(2) the Congress enacts a Joint Resolution
approving the temporary suspension of the restriction
of export licenses.
``h. Definitions.--As used in this section--
``(1) the term `alternative nuclear reactor fuel or
target' means a nuclear reactor fuel or target which is
enriched to less than 20 percent in the isotope U-235;
``(2) the term `highly enriched uranium' means
uranium enriched to 20 percent or more in the isotope
U-235;
``(3) a fuel or target `can be used' in a nuclear
research or test reactor if--
``(A) the fuel or target has been qualified
by the Reduced Enrichment Research and Test
Reactor Program of the Department of Energy;
and
``(B) use of the fuel or target will permit
the large majority of ongoing and planned
experiments and medical isotope production to
be conducted in the reactor without a large
percentage increase in the total cost of
operating the reactor; and
``(4) the term `medical isotope' includes
molybdenum-99, iodine-131, xenon-133, and other
radioactive materials used to produce a
radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
SEC. 3175. REPORT ON DISPOSITION OF EXPORTS.
Not later than 1 year after the date of the enactment of
this Act, the Chairman of the Nuclear Regulatory Commission,
after consulting with other relevant agencies, shall submit to
the Congress a report detailing the current disposition of
previous United States exports of highly enriched uranium used
as fuel or targets in a nuclear research or test reactor,
including--
(1) their location;
(2) whether they are irradiated;
(3) whether they have been used for the purpose
stated in their export license;
(4) whether they have been used for an alternative
purpose and, if so, whether such alternative purpose
has been explicitly approved by the Commission;
(5) the year of export, and reimportation, if
applicable;
(6) their current physical and chemical forms; and
(7) whether they are being stored in a manner which
adequately protects against theft and unauthorized
access.
SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION.
(a) In General.--Chapter 10 of the Atomic Energy Act of
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end
the following:
``Sec. 112. Domestic Medical Isotope Production.--
``a. The Commission may issue a license, or grant an
amendment to an existing license, for the use in the United
States of highly enriched uranium as a target for medical
isotope production in a nuclear reactor, only if, in addition
to any other requirement of this Act--
``(1) the Commission determines that--
``(A) there is no alternative medical
isotope production target that can be used in
that reactor; and
``(B) the proposed recipient of the medical
isotope production target has provided
assurances that, whenever an alternative
medical isotope production target can be used
in that reactor, it will use that alternative
in lieu of highly enriched uranium; and
``(2) the Secretary of Energy has certified that
the United States Government is actively supporting the
development of an alternative medical isotope
production target that can be used in that reactor.
``b. As used in this section--
``(1) the term `alternative medical isotope
production target' means a nuclear reactor target which
is enriched to less than 20 percent of the isotope U-
235;
``(2) a target `can be used' in a nuclear research
or test reactor if--
``(A) the target has been qualified by the
Reduced Enrichment Research and Test Reactor
Program of the Department of Energy; and
``(B) use of the target will permit the
large majority of ongoing and planned
experiments and medical isotope production to
be conducted in the reactor without a large
percentage increase in the total cost of
operating the reactor;
``(3) the term `highly enriched uranium' means
uranium enriched to 20 percent or more in the isotope
U-235; and
``(4) the term `medical isotope' includes
molybdenum-99, iodine-131, xenon-133, and other
radioactive materials used to produce a
radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
(b) Table of Contents.--The table of contents for the
Atomic Energy Act of 1954 is amended by inserting the following
new item at the end of the items relating to chapter 10 of
title I:
``Sec. 112. Domestic medical isotope production.''.
SEC. 3177. ANNUAL DEPARTMENT REPORTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Secretary shall report to Congress on Department actions to
support the production in the United States, without the use of
highly enriched uranium, of molybdenum-99 for medical uses.
(b) Contents.--The reports shall include the following:
(1) For medical isotope development projects--
(A) the names of any recipients of
Department support under section 3173;
(B) the amount of Department funding
committed to each project;
(C) the milestones expected to be reached
for each project during the year for which
support is provided;
(D) how each project is expected to support
the increased production of molybdenum-99 for
medical uses;
(E) the findings of the evaluation of
projects under section 3173(a)(2); and
(F) the ultimate use of any Department
funds used to support projects under section
3173.
(2) A description of actions taken in the previous
year by the Secretary to ensure the safe disposition of
spent nuclear fuel and radioactive waste for which the
Department is responsible under section 3173(c).
SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT.
(a) In General.--The Secretary shall enter into an
arrangement with the National Academy of Sciences to conduct a
study of the state of molybdenum-99 production and utilization,
to be provided to Congress not later than 5 years after the
date of enactment of this Act.
(b) Contents.--The report shall include the following:
(1) For molybdenum-99 production--
(A) a list of all facilities in the world
producing molybdenum-99 for medical uses,
including an indication of whether these
facilities use highly enriched uranium in any
way;
(B) a review of international production of
molybdenum-99 over the previous 5 years,
including--
(i) whether any new production was
brought online;
(ii) whether any facilities halted
production unexpectedly; and
(iii) whether any facilities used
for production were decommissioned or
otherwise permanently removed from
service; and
(C) an assessment of progress made in the
previous 5 years toward establishing domestic
production of molybdenum-99 for medical uses,
including the extent to which other medical
isotopes that have been produced with
molybdenum-99, such as iodine-131 and xenon-
133, are being used for medical purposes.
(2) An assessment of the progress made by the
Department and others to eliminate all worldwide use of
highly enriched uranium in reactor fuel, reactor
targets, and medical isotope production facilities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2013, $29,415,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Establishment.--Section 311 of the Atomic Energy Act of
1954 (42 U.S.C. 2286) is amended--
(1) in subsection (b), by striking paragraph (4);
(2) in subsection (c)--
(A) in the heading, by striking ``and Vice
Chairman'' and inserting ``, Vice Chairman, and
Members'';
(B) in paragraph (2), by striking ``The
Chairman'' and inserting ``In accordance with
paragraph (5), the Chairman''; and
(C) by adding at the end the following new
paragraph:
``(5) Each member of the Board, including the Chairman and
Vice Chairman, shall--
``(A) have equal responsibility and authority in
establishing decisions and determining actions of the
Board;
``(B) have full access to all information relating
to the performance of the Board's functions, powers,
and mission; and
``(C) have one vote.''.
(b) Mission and Functions.--
(1) In general.--Section 312 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286a) is amended--
(A) in the heading, by inserting ``MISSION
AND'' before ``FUNCTIONS'';
(B) by redesignating subsections (a) and
(b) as subsections (b) and (c), respectively;
(C) by inserting before subsection (b), as
redesignated by subparagraph (B), the following
new subsection (a):
``(a) Mission.--The mission of the Board shall be to
provide independent analysis, advice, and recommendations to
the Secretary of Energy to inform the Secretary, in the role of
the Secretary as operator and regulator of the defense nuclear
facilities of the Department of Energy, in providing adequate
protection of public health and safety at such defense nuclear
facilities.''; and
(D) in subsection (b), as so redesignated--
(i) in the heading, by striking
``In General'' and inserting
``Functions''; and
(ii) in paragraph (5), by inserting
``, and specifically assess risk
(whenever sufficient data exists),''
after ``shall consider''.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Act of 1954 is amended by striking
the item relating to section 312 and inserting the
following new item:
``Sec. 312. Mission and functions of the Board.''.
(c) Board Recommendations.--
(1) In general.--Section 315 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286d) is amended--
(A) by redesignating subsections (a)
through (h) as subsections (b) through (i),
respectively;
(B) by inserting before subsection (b), as
redesignated by subparagraph (A), the following
new subsection:
``(a) Submission of Recommendations.--(1) Subject to
subsections (h) and (i), not later than 30 days before the date
on which the Board transmits a recommendation to the Secretary
of Energy under section 312, the Board shall transmit to the
Secretary in writing a draft of such recommendation and any
related findings, supporting data, and analyses to ensure the
Secretary is adequately informed of a formal recommendation and
to provide the Secretary an opportunity to provide input to the
Board before such recommendation is finalized.
``(2) The Secretary may provide to the Board comments on a
draft recommendation transmitted by the Board under paragraph
(1) by not later than 30 days after the date on which the
Secretary receives the draft recommendation. The Board may
grant, upon request by the Secretary, additional time for the
Secretary to transmit comments to the Board.
``(3) After the period of time in which the Secretary may
provide comments under paragraph (2) elapses, the Board may
transmit a final recommendation to the Secretary.''; and
(C) by amending subsection (b), as so
redesignated, to read as follows:
``(b) Public Availability and Comment.--Subject to
subsections (h) and (i), after the Secretary of Energy receives
a recommendation from the Board under subsection (a)(3), the
Board shall promptly make available to the public such
recommendation and any related correspondence from the
Secretary by--
``(1) providing such recommendation and
correspondence to the public in the regional public
reading rooms of the Department of Energy; and
``(2) publishing in the Federal Register--
``(A) such recommendation and
correspondence; and
``(B) a request for the submission to the
Board of public comments on such recommendation
that provides interested persons with 30 days
after the date of the publication in which to
submit comments, data, views, or arguments to
the Board concerning the recommendation.''.
(2) Technical and conforming amendments.--Such
section 315 is further amended--
(A) in subsection (c), as redesignated by
paragraph (1)(A)--
(i) in paragraph (1), by striking
``subsection (a)'' and inserting
``subsection (b)''; and
(ii) in paragraph (2), by striking
``subsection (h)'' and inserting
``subsection (i)'';
(B) in subsection (d), as so redesignated,
by striking ``subsection (a) or (b)'' and
inserting ``subsection (b) or (c)'';
(C) in subsection (e), as so redesignated--
(i) by striking ``subsection
(b)(1)'' and inserting ``subsection
(c)(1)''; and
(ii) by striking ``subsection (h)''
and inserting ``subsection (i)'';
(D) in subsection (g), as so redesignated--
(i) in paragraph (1), as so
redesignated, by striking ``subsection
(e)'' and inserting ``subsection (f)'';
and
(ii) in paragraph (2), by striking
``, to the Committees on Armed Services
and on Appropriations of the Senate,
and to the Speaker of the House of
Representatives'' and inserting ``and
to such committees'';
(E) in subsection (h), as so redesignated--
(i) in paragraph (1), as so
redesignated, by striking ``through
(d)'' and inserting ``through (e)'';
and
(ii) in paragraph (3), by striking
``and the Speaker''; and
(F) by striking ``Committees on Armed
Services and on Appropriations of the Senate
and to the Speaker of the House of
Representatives'' each place it appears and
inserting ``Committees on Armed Services,
Appropriations, and Energy and Commerce of the
House of Representatives and the Committees on
Armed Services, Appropriations, and Energy and
Natural Resources of the Senate''.
(d) Reports.--Section 316 of the Atomic Energy Act of 1954
(42 U.S.C. 2286e) is amended by striking ``Committees on Armed
Services and on Appropriations of the Senate and to the Speaker
of the House of Representatives'' each place it appears and
inserting ``Committees on Armed Services, Appropriations, and
Energy and Commerce of the House of Representatives and the
Committees on Armed Services, Appropriations, and Energy and
Natural Resources of the Senate''.
(e) Information to Congress.--Section 320 of the Atomic
Energy Act of 1954 (42 U.S.C. 2286h-1) is amended--
(1) by striking ``submitted to the Congress'' and
inserting ``submitted to the Committees on Armed
Services, Appropriations, and Energy and Commerce of
the House of Representatives and the Committees on
Armed Services, Appropriations, and Energy and Natural
Resources of the Senate''; and
(2) by striking ``the Congress.'' and inserting
``such committees.''.
(f) Inspector General.--
(1) In general.--Chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.) is amended by
adding at the end the following new section:
``SEC. 322. INSPECTOR GENERAL.
``(a) In General.--Not later than October 1, 2013, the
Board shall enter into an agreement with an agency of the
Federal Government to procure the services of the Inspector
General of such agency for the Board, in accordance with the
Inspector General Act of 1978 (5 U.S.C. App.). Such Inspector
General shall have expertise relating to the mission of the
Board.
``(b) Budget.--In the budget materials submitted to the
President by the Board in connection with the submission to
Congress, pursuant to section 1105 of title 31, United States
Code, of the budget for each fiscal year, the Board shall
ensure that a separate, dedicated procurement line item is
designated for the services of an Inspector General under
subsection (a).''.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Act of 1954 is amended by inserting
after the item relating to section 321 the following
new item:
``Sec. 322. Inspector General.''.
(g) Technical Amendment.--Section 313(j)(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking
``section'' and all that follows through ``implementation'' and
inserting ``section 312(b)(1), the implementation''.
(h) Safety Standards.--Nothing in this section or in the
amendments made by this section shall be construed to cause a
reduction in nuclear safety standards.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $14,909,000 for fiscal year 2013 for
the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the 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.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR
2013.
Funds are hereby authorized to be appropriated for fiscal
year 2013, to be available without fiscal year limitation if so
provided in appropriations Acts, for the use of the Department
of Transportation for Maritime Administration programs
associated with maintaining national security aspects of the
merchant marine, as follows:
(1) For expenses necessary for operations of the
United States Merchant Marine Academy, $77,253,000, of
which--
(A) $67,253,000 shall remain available
until expended for Academy operations; and
(B) $10,000,000 shall remain available
until expended for capital asset management at
the Academy.
(2) For expenses necessary to support the State
maritime academies, $16,045,000, of which--
(A) $2,400,000 shall remain available until
expended for student incentive payments;
(B) $2,545,000 shall remain available until
expended for direct payments to such academies;
and
(C) $11,100,000 shall remain available
until expended for maintenance and repair of
State maritime academy training vessels.
(3) For expenses necessary to dispose of vessels in
the National Defense Reserve Fleet, $12,717,000, to
remain available until expended.
(4) For expenses to maintain and preserve a United
States-flag merchant marine to serve the national
security needs of the United States under chapter 531
of title 46, United States Code, $186,000,000.
(5) For the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)) of loan guarantees under the program
authorized by chapter 537 of title 46, United States
Code, $3,750,000, all of which shall remain available
until expended for administrative expenses of the
program.
SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION REGULATION.
Section 3502(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law by
Public Law 106-398 (114 Stat. 1654A-490), is amended by
striking ``the enactment of this Act'' and inserting ``contract
award''.
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VESSELS TO
THOSE OVER 1,500 GROSS TONS.
Section 57101(a) of title 46, United States Code, is
amended by inserting ``of 1,500 gross tons or more or such
other vessels as the Secretary of Transportation shall
determine are appropriate'' after ``Administration''.
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES.
Section 51103(b) of title 46, United States Code, is
amended by striking so much as precedes paragraph (2) and
inserting the following:
``(b) Property for Instructional Purposes.--
``(1) In general.--The Secretary of Transportation
may cooperate with and assist the institutions named in
paragraph (2) by making vessels, fuel, shipboard
equipment, and other marine equipment, owned by the
United States Government and determined by the entity
having custody and control of such property to be
excess or surplus, available to those institutions for
instructional purposes, by gift, loan, sale, lease, or
charter on terms and conditions the Secretary considers
appropriate. The consent of the Secretary of the Navy
shall be obtained with respect to any property from
National Defense Reserve Fleet vessels (50 U.S.C. App.
1744) where such vessels are either Ready Reserve Force
vessels or other National Defense Reserve Fleet vessels
determined to be of sufficient value to the Navy to
warrant their further preservation and retention.''.
SEC. 3505. CLARIFICATION OF HEADING.
(a) In General.--The section designation and heading for
section 57103 of title 46, United States Code, is amended to
read as follows:
``Sec. 57103. Donation of nonretention vessels in the National Defense
Reserve Fleet''.
(b) Clerical Amendment.--The analysis for chapter 571 of
title 46, United States Code, is amended by striking the item
relating to section 57103 and inserting the following:
``57103. Donation of nonretention vessels in the National Defense
Reserve Fleet.''.
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE RESERVE FLEET.
Section 57101 of title 46, United States Code, is amended
by adding at the end the following:
``(c) Authority of Federal Entities To Transfer Vessels.--
All Federal entities are authorized to transfer vessels to the
National Defense Reserve Fleet without reimbursement subject to
the approval of the Secretary of Transportation and the
Secretary of the Navy with respect to Ready Reserve Force
vessels and the Secretary of Transportation with respect to all
other vessels.''.
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE RESERVE FLEET.
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are
amended to read as follows:
``(B) activate and conduct sea trials on
each vessel at a frequency that is deemed
necessary;
``(C) maintain and adequately crew, as
necessary, in an enhanced readiness status
those vessels that are scheduled to be
activated in 5 or less days;
``(D) locate those vessels that are
scheduled to be activated near embarkation
ports specified for those vessels; and''.
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
(a) Definitions.--Section 53101 of title 46, United States
Code, is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Foreign commerce.--The term `foreign
commerce' means--
``(A) commerce or trade between the United
States, its territories or possessions, or the
District of Columbia, and a foreign country;
and
``(B) commerce or trade between foreign
countries.'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (13) as
paragraphs (5) through (12), respectively; and
(4) by amending paragraph (5), as so redesignated,
to read as follows:
``(5) Participating fleet vessel.--The term
`participating fleet vessel' means any vessel that--
``(A) on October 1, 2015--
``(i) meets the requirements of
paragraph (1), (2), (3), or (4) of
section 53102(c); and
``(ii) is less than 20 years of age
if the vessel is a tank vessel, or is
less than 25 years of age for all other
vessel types; and
``(B) on December 31, 2014, is covered by
an operating agreement under this chapter.''.
(b) Vessel Eligibility.--Section 53102(b) of such title is
amended to read as follows:
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of
paragraph (1), (2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a
vessel to be constructed, will be operated) in
providing transportation in foreign commerce;
``(3) the vessel is self-propelled and--
``(A) is a tank vessel that is 10 years of
age or less on the date the vessel is included
in the Fleet; or
``(B) is any other type of vessel that is
15 years of age or less on the date the vessel
is included in the Fleet;
``(4) the vessel--
``(A) is suitable for use by the United
States for national defense or military
purposes in time of war or national emergency,
as determined by the Secretary of Defense; and
``(B) is commercially viable, as determined
by the Secretary; and
``(5) the vessel--
``(A) is a United States-documented vessel;
or
``(B) is not a United States-documented
vessel, but--
``(i) the owner of the vessel has
demonstrated an intent to have the
vessel documented under chapter 121 of
this title if it is included in the
Fleet; and
``(ii) at the time an operating
agreement for the vessel is entered
into under this chapter, the vessel is
eligible for documentation under
chapter 121 of this title.''.
(c) Operating Agreements.--Section 53103 of such title is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Extension of Existing Operating Agreements.--
``(1) Offer to extend.--Not later than 60 days
after the date of enactment of this paragraph, the
Secretary shall offer, to an existing contractor, to
extend, through September 30, 2025, an operating
agreement that is in existence on the date of enactment
of this paragraph. The terms and conditions of the
extended operating agreement shall include terms and
conditions authorized under this chapter, as amended
from time to time.
``(2) Time limit.--An existing contractor shall
have not later than 120 days after the date the
Secretary offers to extend an operating agreement to
agree to the extended operating agreement.
``(3) Subsequent award.--The Secretary may award an
operating agreement to an applicant that is eligible to
enter into an operating agreement for fiscal years 2016
through 2025 if the existing contractor does not agree
to the extended operating agreement under paragraph
(2).''; and
(2) by amending subsection (c) to read as follows:
``(c) Procedure for Awarding New Operating Agreements.--The
Secretary may enter into a new operating agreement with an
applicant that meets the requirements of section 53102(c) (for
vessels that meet the qualifications of section 53102(b)) on
the basis of priority for vessel type established by military
requirements of the Secretary of Defense. The Secretary shall
allow an applicant at least 30 days to submit an application
for a new operating agreement. After consideration of military
requirements, priority shall be given to an applicant that is a
United States citizen under section 50501 of this title. The
Secretary may not approve an application without the consent of
the Secretary of Defense. The Secretary shall enter into an
operating agreement with the applicant or provide a written
reason for denying the application.''.
(d) Repeal of Early Termination by Contractor.--Section
53104 of such title is amended--
(1) in subsection (c), by striking paragraph (3);
and
(2) in subsection (e), by striking ``an operating
agreement under this chapter is terminated under
subsection (c)(3), or if''.
(e) Transfer of Operating Agreements.--Section 53105 of
such title is amended--
(1) by amending subsection (e) to read as follows:
``(e) Transfer of Operating Agreements.--A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the operating agreement) to
any person that is eligible to enter into the operating
agreement under this chapter if the Secretary and the Secretary
of Defense determine that the transfer is in the best interests
of the United States. A transaction shall not be considered a
transfer of an operating agreement if the same legal entity
with the same vessels remains the contracting party under the
operating agreement.''; and
(2) by amending subsection (f) to read as follows:
``(f) Replacement Vessels.--A contractor may replace a
vessel under an operating agreement with another vessel that is
eligible to be included in the Fleet under section 53102(b), if
the Secretary, in conjunction with the Secretary of Defense,
approves the replacement of the vessel.''.
(f) Payments.--Section 53106 of such title is amended--
(1) in subsection (a)(1), by striking ``and'' after
the semicolon at the end of subparagraph (B), and by
striking subparagraph (C) and inserting the following:
``(C) $3,100,000 for each of fiscal years
2012, 2013, 2014, 2015, 2016, 2017, and 2018;
``(D) $3,500,000 for each of fiscal years
2019, 2020, and 2021; and
``(E) $3,700,000 for each of fiscal years
2022, 2023, 2024, and 2025.'';
(2) in subsection (c)(3)(C), by striking ``a LASH
vessel.'' and inserting ``a lighter aboard ship
vessel.''; and
(3) by striking subsection (f).
(g) Emergency Preparedness Agreements.--Section 53107(b)(1)
of such title is amended to read as follows:
``(1) In general.--An Emergency Preparedness
Agreement under this section shall require that a
contractor for a vessel covered by an operating
agreement under this chapter shall make commercial
transportation resources (including services)
available, upon request by the Secretary of Defense
during a time of war or national emergency, or whenever
the Secretary of Defense determines that it is
necessary for national security or contingency
operation (as that term is defined in section 101 of
title 10, United States Code).''.
(h) Repeal of Waiver of Age Restriction.--Section 53109 of
such title is repealed.
(i) Authorization of Appropriations.--Section 53111 of such
title is amended--
(1) by striking ``and'' at the end of paragraph
(2); and
(2) by amending paragraph (3) to read as follows:
``(3) $186,000,000 for each of fiscal years 2012,
2013, 2014, 2015, 2016, 2017, and 2018;
``(4) $210,000,000 for each of fiscal years 2019,
2020, and 2021; and
``(5) $222,000,000 for each fiscal year thereafter
through fiscal year 2025.''.
(j) Effective Date of Amendments.--The amendments made by--
(1) paragraphs (2), (3), and (4) of subsection (a)
take effect on December 31, 2014; and
(2) subsection (f)(2) take effect on December 31,
2014.
SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION.
(a) Assessment.--The Maritime Administrator shall assess
the potential for using container-on-barge transportation in
short sea transportation (as such term is defined in section
55605 of title 46, United States Code).
(b) Factors.--In conducting the assessment under subsection
(a), the Administrator shall consider--
(1) the environmental benefits of increasing
container-on-barge movements in short sea
transportation;
(2) the regional differences in the use of short
sea transportation;
(3) the existing programs established at coastal
and Great Lakes ports for establishing awareness of
deep sea shipping operations;
(4) the mechanisms necessary to ensure that
implementation of a plan under subsection (c) will not
be inconsistent with antitrust laws; and
(5) the potential frequency of container-on-barge
service at short sea transportation ports.
(c) Recommendations.--The assessment under subsection (a)
may include recommendations for a plan to increase awareness of
the potential for use of container-on-barge transportation.
(d) Deadline.--Not later than 180 days after the date of
enactment of this title, the Administrator shall submit the
assessment required under this section to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 3510. SHORT SEA TRANSPORTATION.
(a) Purpose.--Section 55601 of title 46, United States
Code, is amended--
(1) in subsection (a), by striking ``landside
congestion.'' and inserting ``landside congestion or to
promote short sea transportation.'';
(2) in subsection (c), by striking ``coastal
corridors'' and inserting ``coastal corridors or to
promote short sea transportation'';
(3) in subsection (d), by striking ``that the
project may'' and all that follows through the end of
the subsection and inserting ``that the project uses
documented vessels and--
``(1) mitigates landside congestion; or
``(2) promotes short sea transportation.''; and
(4) in subsection (f), by striking ``shall'' each
place it appears and inserting ``may''.
(b) Documentation.--Section 55605 of title 46, United
States Code, is amended in the matter preceding paragraph (1)
by striking ``by vessel'' and inserting ``by a documented
vessel''.
SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.
(a) In General.--Chapter 503 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 50307. Maritime environmental and technical assistance
``(a) In General.--The Secretary of Transportation may
engage in the environmental study, research, development,
assessment, and deployment of emerging marine technologies and
practices related to the marine transportation system through
the use of public vessels under the control of the Maritime
Administration or private vessels under United States registry,
and through partnerships and cooperative efforts with academic,
public, private, and non-governmental entities and facilities.
``(b) Requirements.--The Secretary of Transportation may--
``(1) identify, study, evaluate, test, demonstrate,
or improve emerging marine technologies and practices
that are likely to achieve environmental improvements
by--
``(A) reducing air emissions, water
emissions, or other ship discharges;
``(B) increasing fuel economy or the use of
alternative fuels and alternative energy
(including the use of shore power); or
``(C) controlling aquatic invasive species;
and
``(2) coordinate with the Environmental Protection
Agency, the United States Coast Guard, and other
Federal, State, local, or tribal agencies, as
appropriate.
``(c) Coordination.--Coordination under subsection (b)(2)
may include--
``(1) activities that are associated with the
development or approval of validation and testing
regimes; and
``(2) certification or validation of emerging
technologies or practices that demonstrate significant
environmental benefits.
``(d) Assistance.--The Secretary of Transportation may
accept gifts, or enter into cooperative agreements, contracts,
or other agreements with academic, public, private, and non-
governmental entities to carry out the activities authorized
under subsection (a).''.
(b) Conforming Amendment.--The table of contents for
chapter 503 of title 46, United States Code, is amended by
inserting after the item relating to section 50306 the
following:
``50307. Maritime environmental and technical assistance.''.
SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED STATES
FLAG CAPACITY TO MEET NATIONAL DEFENSE
REQUIREMENTS.
Section 501(b) of title 46, United States Code, is
amended--
(1) by striking ``When the head'' and inserting the
following:
``(1) In general.--When the head''; and
(2) by adding at the end the following:
``(2) Determinations.--The Maritime Administrator
shall--
``(A) for each determination referred to in
paragraph (1), identify any actions that could
be taken to enable qualified United States flag
capacity to meet national defense requirements;
``(B) provide notice of each such
determination to the Secretary of
Transportation and the head of the agency
referred to in paragraph (1) for which the
determination is made; and
``(C) publish each such determination on
the Internet Web site of the Department of
Transportation not later than 48 hours after
notice of the determination is provided to the
Secretary of Transportation.
``(3) Notice to congress.--
``(A) In general.--The head of an agency
referred to in paragraph (1) shall notify the
Committee on Transportation and Infrastructure
and the Committee on Armed Services of the
House of Representatives and the Committee on
Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate--
``(i) of any request for a waiver
of the navigation or vessel-inspection
laws under this section not later than
48 hours after receiving such a
request; and
``(ii) of the issuance of any such
waiver not later than 48 hours after
such issuance.
``(B) Contents.--Such head of an agency
shall include in each notification under
subparagraph (A)(ii) an explanation of--
``(i) the reasons the waiver is
necessary; and
``(ii) the reasons actions referred
to in paragraph (2)(A) are not
feasible.''.
SEC. 3513. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United
States shall conduct a study on the training needs of the
maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of maritime training
requirements imposed by domestic and international
regulations and conventions, companies, and government
agencies that charter or operate vessels;
(2) evaluate the ability of the United States
maritime training infrastructure to meet the needs of
the maritime industry;
(3) identify trends in maritime training;
(4) compare the training needs of United States
mariners with the vocational training and educational
assistance programs available from Federal agencies to
evaluate the ability of Federal programs to meet the
training needs of United States mariners;
(5) include recommendations to enhance the
capabilities of the United States maritime training
infrastructure; and
(6) include recommendations to assist United States
mariners and those entering the maritime profession to
achieve the required training.
(c) Final Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller General shall submit a
report on the results of the study to the Committee on
Commerce, Science, and Transportation and the Committee on
Armed Services of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives.
SEC. 3514. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD
PRACTICES.
(a) In General.--Not later than 12 months after the date of
enactment of this title, the Comptroller General of the United
States shall conduct an assessment of the source selection
procedures and practices used to award the Maritime
Administration's National Defense Reserve Fleet vessel
recycling contracts. The Comptroller General shall assess the
process, procedures, and practices used for the Maritime
Administration's qualification of vessel recycling facilities.
The Comptroller General shall report the findings to the
Committee on Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives.
(b) Assessment.--The assessment under subsection (a) shall
include a review of whether the Maritime Administration's
contract source selection procedures and practices are
consistent with law, the Federal Acquisition Regulation (FAR),
and Federal best practices associated with making source
selection decisions.
(c) Considerations.--In making the assessment under
subsection (a), the Comptroller General may consider any other
aspect of the Maritime Administration's vessel recycling
process that the Comptroller General deems appropriate to
review.
SEC. 3515. REQUIREMENT FOR BARGE DESIGN.
Not later than 270 days after the date of enactment of this
title, the Maritime Administrator shall complete the design for
a containerized, articulated barge, as identified in the dual-
use vessel study carried out by the Administrator and the
Secretary of Defense, that is able to utilize roll-on/roll-off
or load-on/load-off technology in marine highway maritime
commerce.
SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.
Section 51103(b)(2)(C) of title 46, United States Code, is
amended by inserting ``or a training institution that is an
instrumentality of a State, Territory, or Commonwealth of the
United States or District of Columbia or a unit of local
government thereof'' after ``a nonprofit training
institution''.
SEC. 3517. COORDINATION WITH OTHER LAWS.
(a) Earlier Enactment of Coast Guard and Maritime
Transportation Act of 2012.--If the date of the enactment of
the Coast Guard and Maritime Transportation Act of 2012 (H.R.
2838, 112th Congress) is before the date of the enactment of
this Act:
(1) Sections 3501, 3503 through 3507, and 3509
through 3516 of this Act, and any amendments made by
those sections, shall not go into effect.
(2) Section 501(b)(3)(A) of title 46, United States
Code (as added by section 301(2) of the Coast Guard and
Maritime Transportation Act of 2012), is amended by
striking ``the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate'' and inserting ``the Committee on
Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives and the
Committee on Commerce, Science, and Transportation and
the Committee on Armed Services of the Senate''.
(3) Section 414(c) of the Coast Guard and Maritime
Transportation Act of 2012 is amended by striking ``the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives'' and
inserting ``the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives''.
(b) Later Enactment of Coast Guard and Maritime
Transportation Act of 2012.--If the date of the enactment of
the Coast Guard and Maritime Transportation Act of 2012 (H.R.
2838, 112th Congress) is after the date of the enactment of
this Act, sections 301, 402 through 408, 410 through 412, 414,
and 415 of such Act, and any amendments made by those sections,
shall not go into effect.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency 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. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of a
dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may be
transferred or reprogrammed under a transfer or reprogramming
authority provided by another provision of this Act or by other
law. The transfer or reprogramming of an amount specified in
such funding tables shall not count against a ceiling on such
transfers or reprogrammings under section 1001 or section 1522
of this Act or any other provision of law, unless such transfer
or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 18,639 18,639
003 MQ-1 UAV............. 518,088 518,088
004 RQ-11 (RAVEN)........ 25,798 25,798
ROTARY
006 HELICOPTER, LIGHT 271,983 271,983
UTILITY (LUH).
007 AH-64 APACHE BLOCK 577,115 577,115
IIIA REMAN.
008 ADVANCE 107,707 107,707
PROCUREMENT (CY).
009 AH-64 APACHE BLOCK 153,993 153,993
IIIB NEW BUILD.
010 ADVANCE 146,121 146,121
PROCUREMENT (CY).
013 UH-60 BLACKHAWK M 1,107,087 1,107,087
MODEL (MYP).
014 ADVANCE 115,113 115,113
PROCUREMENT (CY).
015 CH-47 HELICOPTER..... 1,076,036 1,076,036
016 ADVANCE 83,346 83,346
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
018 MQ-1 PAYLOAD--UAS.... 231,508 231,508
020 GUARDRAIL MODS (MIP). 16,272 16,272
021 MULTI SENSOR ABN 4,294 4,294
RECON (MIP).
022 AH-64 MODS........... 178,805 178,805
023 CH-47 CARGO 39,135 39,135
HELICOPTER MODS
(MYP).
024 UTILITY/CARGO 24,842 24,842
AIRPLANE MODS.
026 UTILITY HELICOPTER 73,804 73,804
MODS.
027 KIOWA WARRIOR MODS... 192,484 192,484
029 NETWORK AND MISSION 190,789 190,789
PLAN.
030 COMMS, NAV 133,191 133,191
SURVEILLANCE.
031 GATM ROLLUP.......... 87,280 87,280
032 RQ-7 UAV MODS........ 104,339 104,339
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 34,037 34,037
SURVIVABILITY
EQUIPMENT.
036 CMWS................. 127,751 127,751
OTHER SUPPORT
037 AVIONICS SUPPORT 4,886 4,886
EQUIPMENT.
038 COMMON GROUND 82,511 82,511
EQUIPMENT.
039 AIRCREW INTEGRATED 77,381 77,381
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 47,235 47,235
041 INDUSTRIAL FACILITIES 1,643 1,643
042 LAUNCHER, 2.75 ROCKET 516 516
TOTAL AIRCRAFT 5,853,729 5,853,729
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 646,590 696,590
SUMMARY.
Additional PAC-3 [50,000]
missiles.
002 MSE MISSILE.......... 12,850 12,850
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 1,401 1,401
ANTI-TANK/ASSAULT
MISSILE SYS
005 JAVELIN (AAWS-M) 81,121 81,121
SYSTEM SUMMARY.
006 TOW 2 SYSTEM SUMMARY. 64,712 64,712
007 ADVANCE 19,931 19,931
PROCUREMENT (CY).
008 GUIDED MLRS ROCKET 218,679 218,679
(GMLRS).
009 MLRS REDUCED RANGE 18,767 18,767
PRACTICE ROCKETS
(RRPR).
010 HIGH MOBILITY 12,051 12,051
ARTILLERY ROCKET
SYSTEM.
MODIFICATIONS
011 PATRIOT MODS......... 199,565 199,565
013 MLRS MODS............ 2,466 2,466
014 HIMARS MODIFICATIONS. 6,068 6,068
SPARES AND REPAIR
PARTS
016 SPARES AND REPAIR 7,864 7,864
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
017 AIR DEFENSE TARGETS.. 3,864 3,864
018 ITEMS LESS THAN $5 1,560 1,560
MILLION (MISSILES).
019 PRODUCTION BASE 5,200 5,200
SUPPORT.
TOTAL MISSILE 1,302,689 1,352,689
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 286,818 286,818
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 60,881 60,881
004 FIST VEHICLE (MOD)... 57,257 57,257
005 BRADLEY PROGRAM (MOD) 148,193 288,193
Program increase. [140,000]
006 HOWITZER, MED SP FT 10,341 10,341
155MM M109A6 (MOD).
007 PALADIN PIM MOD IN 206,101 206,101
SERVICE.
008 IMPROVED RECOVERY 107,909 169,909
VEHICLE (M88A2
HERCULES).
Program increase. [62,000]
009 ASSAULT BREACHER 50,039 50,039
VEHICLE.
010 M88 FOV MODS......... 29,930 29,930
011 M1 ABRAMS TANK (MOD). 129,090 129,090
012 ABRAMS UPGRADE 74,433 210,433
PROGRAM.
Program increase. [136,000]
SUPPORT EQUIPMENT &
FACILITIES
013 PRODUCTION BASE 1,145 1,145
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
014 INTEGRATED AIR BURST 506 506
WEAPON SYSTEM FAMILY.
017 LIGHTWEIGHT .50 25,183 0
CALIBER MACHINE GUN.
Program [-25,183]
termination.
019 MORTAR SYSTEMS....... 8,104 8,104
021 XM320 GRENADE 14,096 14,096
LAUNCHER MODULE
(GLM).
024 CARBINE.............. 21,272 21,272
025 SHOTGUN, MODULAR 6,598 6,598
ACCESSORY SYSTEM
(MASS).
026 COMMON REMOTELY 56,725 56,725
OPERATED WEAPONS
STATION.
027 HOWITZER LT WT 155MM 13,827 13,827
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
029 M777 MODS............ 26,843 26,843
030 M4 CARBINE MODS...... 27,243 27,243
031 M2 50 CAL MACHINE GUN 39,974 39,974
MODS.
032 M249 SAW MACHINE GUN 4,996 4,996
MODS.
033 M240 MEDIUM MACHINE 6,806 6,806
GUN MODS.
034 SNIPER RIFLES 14,113 14,113
MODIFICATIONS.
035 M119 MODIFICATIONS... 20,727 20,727
036 M16 RIFLE MODS....... 3,306 3,306
037 MODIFICATIONS LESS 3,072 3,072
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5 2,026 2,026
MILLION (WOCV-WTCV).
039 PRODUCTION BASE 10,115 10,115
SUPPORT (WOCV-WTCV).
040 INDUSTRIAL 442 442
PREPAREDNESS.
041 SMALL ARMS EQUIPMENT 2,378 2,378
(SOLDIER ENH PROG).
SPARES
042 SPARES AND REPAIR 31,217 31,217
PARTS (WTCV).
TOTAL 1,501,706 1,814,523
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 158,313 123,513
TYPES.
Unit cost savings [-34,800]
002 CTG, 7.62MM, ALL 91,438 91,438
TYPES.
003 CTG, HANDGUN, ALL 8,954 8,954
TYPES.
004 CTG, .50 CAL, ALL 109,604 109,604
TYPES.
005 CTG, 20MM, ALL TYPES. 4,041 4,041
006 CTG, 25MM, ALL TYPES. 12,654 12,654
007 CTG, 30MM, ALL TYPES. 72,154 54,154
Pricing [-18,000]
adjustments for
target practice
round and light-
weight dual-
purpose round.
008 CTG, 40MM, ALL TYPES. 60,138 0
Decrease for [-60,138]
excess.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 44,375 44,375
TYPES.
010 81MM MORTAR, ALL 27,471 27,471
TYPES.
011 120MM MORTAR, ALL 87,811 87,811
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 112,380 112,380
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 50,861 50,861
75MM AND 105MM, ALL
TYP.
014 ARTILLERY PROJECTILE, 26,227 26,227
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 110,329 55,329
RANGE XM982.
Excalibur I-b [-55,000]
round schedule
delay.
016 ARTILLERY 43,924 43,924
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 3,775 3,775
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK 17,408 17,408
MUNITIONS, ALL TYPES.
ROCKETS
019 SHOULDER LAUNCHED 1,005 1,005
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 123,433 123,433
TYPES.
OTHER AMMUNITION
021 DEMOLITION MUNITIONS, 35,189 35,189
ALL TYPES.
022 GRENADES, ALL TYPES.. 33,477 33,477
023 SIGNALS, ALL TYPES... 9,991 9,991
024 SIMULATORS, ALL TYPES 10,388 10,388
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 19,383 19,383
TYPES.
026 NON-LETHAL 7,336 7,336
AMMUNITION, ALL
TYPES.
027 CAD/PAD ALL TYPES.... 6,641 6,641
028 ITEMS LESS THAN $5 15,092 15,092
MILLION.
029 AMMUNITION PECULIAR 15,692 15,692
EQUIPMENT.
030 FIRST DESTINATION 14,107 14,107
TRANSPORTATION
(AMMO).
031 CLOSEOUT LIABILITIES. 106 106
PRODUCTION BASE
SUPPORT
032 PROVISION OF 220,171 220,171
INDUSTRIAL
FACILITIES.
033 CONVENTIONAL 182,461 182,461
MUNITIONS
DEMILITARIZATION,
ALL.
034 ARMS INITIATIVE...... 3,377 3,377
TOTAL 1,739,706 1,571,768
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 SEMITRAILERS, 7,097 7,097
FLATBED:.
002 FAMILY OF MEDIUM 346,115 346,115
TACTICAL VEH (FMTV).
003 FIRETRUCKS & 19,292 19,292
ASSOCIATED
FIREFIGHTING EQUIP.
004 FAMILY OF HEAVY 52,933 52,933
TACTICAL VEHICLES
(FHTV).
005 PLS ESP.............. 18,035 18,035
009 TRUCK, TRACTOR, LINE 3,619 3,619
HAUL, M915/M916.
010 HVY EXPANDED MOBILE 26,859 26,859
TACTICAL TRUCK EXT
SERV.
012 TACTICAL WHEELED 69,163 69,163
VEHICLE PROTECTION
KITS.
013 MODIFICATION OF IN 91,754 91,754
SVC EQUIP.
NON-TACTICAL VEHICLES
018 PASSENGER CARRYING 2,548 2,548
VEHICLES.
019 NONTACTICAL VEHICLES, 16,791 16,791
OTHER.
COMM--JOINT
COMMUNICATIONS
020 JOINT COMBAT 10,061 10,061
IDENTIFICATION
MARKING SYSTEM.
021 WIN-T--GROUND FORCES 892,635 872,635
TACTICAL NETWORK.
Program [-20,000]
adjustment.
022 SIGNAL MODERNIZATION 45,626 45,626
PROGRAM.
023 JCSE EQUIPMENT 5,143 5,143
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
024 DEFENSE ENTERPRISE 151,636 151,636
WIDEBAND SATCOM
SYSTEMS.
025 TRANSPORTABLE 6,822 6,822
TACTICAL COMMAND
COMMUNICATIONS.
026 SHF TERM............. 9,108 9,108
028 NAVSTAR GLOBAL 27,353 27,353
POSITIONING SYSTEM
(SPACE).
029 SMART-T (SPACE)...... 98,656 98,656
031 GLOBAL BRDCST SVC-- 47,131 47,131
GBS.
032 MOD OF IN-SVC EQUIP 23,281 23,281
(TAC SAT).
COMM--C3 SYSTEM
034 ARMY GLOBAL CMD & 10,848 10,848
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
035 ARMY DATA 979 979
DISTRIBUTION SYSTEM
(DATA RADIO).
036 JOINT TACTICAL RADIO 556,250 366,250
SYSTEM.
Funding ahead of [-190,000]
need.
037 MID-TIER NETWORKING 86,219 86,219
VEHICULAR RADIO
(MNVR).
038 RADIO TERMINAL SET, 7,798 7,798
MIDS LVT(2).
039 SINCGARS FAMILY...... 9,001 9,001
040 AMC CRITICAL ITEMS-- 24,601 24,601
OPA2.
041 TRACTOR DESK......... 7,779 7,779
043 SPIDER APLA REMOTE 34,365 24,365
CONTROL UNIT.
Funding ahead of [-10,000]
need.
044 SOLDIER ENHANCEMENT 1,833 1,833
PROGRAM COMM/
ELECTRONICS.
045 TACTICAL 12,984 12,984
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
047 GUNSHOT DETECTION 2,332 2,332
SYSTEM (GDS).
048 RADIO, IMPROVED HF 1,132 1,132
(COTS) FAMILY.
049 MEDICAL COMM FOR CBT 22,899 22,899
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 1,564 1,564
ARCHITECTURE.
052 RESERVE CA/MISO GPF 28,781 28,781
EQUIPMENT.
INFORMATION SECURITY
053 TSEC--ARMY KEY MGT 23,432 23,432
SYS (AKMS).
054 INFORMATION SYSTEM 43,897 43,897
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
056 TERRESTRIAL 2,891 2,891
TRANSMISSION.
057 BASE SUPPORT 13,872 13,872
COMMUNICATIONS.
058 WW TECH CON IMP PROG 9,595 9,595
(WWTCIP).
COMM--BASE
COMMUNICATIONS
059 INFORMATION SYSTEMS.. 142,133 142,133
061 INSTALLATION INFO 57,727 57,727
INFRASTRUCTURE MOD
PROGRAM(.
062 PENTAGON INFORMATION 5,000 5,000
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M........... 1,641 1,641
066 PROPHET GROUND....... 48,797 48,797
069 DCGS-A (MIP)......... 184,007 184,007
070 JOINT TACTICAL GROUND 2,680 2,680
STATION (JTAGS).
071 TROJAN (MIP)......... 21,483 21,483
072 MOD OF IN-SVC EQUIP 2,412 2,412
(INTEL SPT) (MIP).
073 CI HUMINT AUTO 7,077 7,077
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 72,594 72,594
MORTAR RADAR.
076 CREW................. 15,446 15,446
078 COUNTERINTELLIGENCE/ 1,470 1,470
SECURITY
COUNTERMEASURES.
079 CI MODERNIZATION..... 1,368 1,368
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 FAAD GBS............. 7,980 7,980
081 SENTINEL MODS........ 33,444 33,444
082 SENSE THROUGH THE 6,212 0
WALL (STTW).
Slow execution of [-6,212]
prior years
appropriations.
083 NIGHT VISION DEVICES. 166,516 166,516
085 NIGHT VISION, THERMAL 82,162 82,162
WPN SIGHT.
086 SMALL TACTICAL 20,717 20,717
OPTICAL RIFLE
MOUNTED MLRF.
089 GREEN LASER 1,014 1,014
INTERDICTION SYSTEM
(GLIS).
090 INDIRECT FIRE 29,881 29,881
PROTECTION FAMILY OF
SYSTEMS.
091 PROFILER............. 12,482 12,482
092 MOD OF IN-SVC EQUIP 3,075 3,075
(FIREFINDER RADARS).
094 JOINT BATTLE COMMAND-- 141,385 141,385
PLATFORM (JBC-P).
096 MOD OF IN-SVC EQUIP 22,403 22,403
(LLDR).
098 MORTAR FIRE CONTROL 29,505 29,505
SYSTEM.
099 COUNTERFIRE RADARS... 244,409 244,409
100 ENHANCED SENSOR & 2,426 2,426
MONITORING SYSTEM
(WMD) ENHANCED
SENSOR & MONITORING
SYSTEM (WMD).
ELECT EQUIP--TACTICAL
C2 SYSTEMS
101 TACTICAL OPERATIONS 30,196 30,196
CENTERS.
102 FIRE SUPPORT C2 58,903 58,903
FAMILY.
103 BATTLE COMMAND 8,111 8,111
SUSTAINMENT SUPPORT
SYSTEM.
104 FAAD C2.............. 5,031 5,031
105 AIR & MSL DEFENSE 64,144 64,144
PLANNING & CONTROL
SYS.
106 KNIGHT FAMILY........ 11,999 11,999
107 LIFE CYCLE SOFTWARE 1,853 1,853
SUPPORT (LCSS).
108 AUTOMATIC 14,377 14,377
IDENTIFICATION
TECHNOLOGY.
111 NETWORK MANAGEMENT 59,821 59,821
INITIALIZATION AND
SERVICE.
112 MANEUVER CONTROL 51,228 51,228
SYSTEM (MCS).
113 SINGLE ARMY LOGISTICS 176,901 176,901
ENTERPRISE (SALE).
114 RECONNAISSANCE AND 15,209 15,209
SURVEYING INSTRUMENT
SET.
ELECT EQUIP--
AUTOMATION
115 ARMY TRAINING 8,866 8,866
MODERNIZATION.
116 AUTOMATED DATA 129,438 129,438
PROCESSING EQUIP.
117 GENERAL FUND 9,184 9,184
ENTERPRISE BUSINESS
SYS FAM.
118 CSS COMMUNICATIONS... 20,639 20,639
119 RESERVE COMPONENT 35,493 35,493
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5 8,467 8,467
MILLION (A/V).
121 ITEMS LESS THAN $5 5,309 5,309
MILLION.
ELECT EQUIP--SUPPORT
122 PRODUCTION BASE 586 586
SUPPORT (C-E).
CLASSIFIED PROGRAMS
124A CLASSIFIED PROGRAMS.. 3,435 3,435
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 3,960 3,960
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS 4,374 4,374
(BDS).
128 CBRN SOLDIER 9,259 9,259
PROTECTION.
BRIDGING EQUIPMENT
130 TACTICAL BRIDGING.... 35,499 35,499
131 TACTICAL BRIDGE, 32,893 32,893
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
134 ROBOTIC COMBAT 29,106 29,106
SUPPORT SYSTEM
(RCSS).
135 EXPLOSIVE ORDNANCE 25,459 25,459
DISPOSAL EQPMT (EOD
EQPMT).
136 REMOTE DEMOLITION 8,044 8,044
SYSTEMS.
137 < $5M, COUNTERMINE 3,698 3,698
EQUIPMENT.
COMBAT SERVICE
SUPPORT EQUIPMENT
138 HEATERS AND ECU'S.... 12,210 12,210
139 SOLDIER ENHANCEMENT.. 6,522 6,522
140 PERSONNEL RECOVERY 11,222 11,222
SUPPORT SYSTEM
(PRSS).
141 GROUND SOLDIER SYSTEM 103,317 103,317
144 FIELD FEEDING 27,417 27,417
EQUIPMENT.
145 CARGO AERIAL DEL & 52,065 52,065
PERSONNEL PARACHUTE
SYSTEM.
146 MORTUARY AFFAIRS 2,358 2,358
SYSTEMS.
147 FAMILY OF ENGR COMBAT 31,573 31,573
AND CONSTRUCTION
SETS.
148 ITEMS LESS THAN $5 14,093 14,093
MILLION.
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 36,266 36,266
PETROLEUM & WATER.
MEDICAL EQUIPMENT
150 COMBAT SUPPORT 34,101 34,101
MEDICAL.
151 MEDEVAC MISSON 20,540 20,540
EQUIPMENT PACKAGE
(MEP).
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 2,495 2,495
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
154 GRADER, ROAD MTZD, 2,028 2,028
HVY, 6X4 (CCE).
156 SCRAPERS, EARTHMOVING 6,146 6,146
157 MISSION MODULES-- 31,200 31,200
ENGINEERING.
161 TRACTOR, FULL TRACKED 20,867 20,867
162 ALL TERRAIN CRANES... 4,003 4,003
163 PLANT, ASPHALT MIXING 3,679 3,679
164 HIGH MOBILITY 30,042 30,042
ENGINEER EXCAVATOR
(HMEE).
165 ENHANCED RAPID 13,725 13,725
AIRFIELD
CONSTRUCTION CAPA.
166 CONST EQUIP ESP...... 13,351 13,351
167 ITEMS LESS THAN $5 9,134 9,134
MILLION (CONST
EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
170 ITEMS LESS THAN $5 10,552 10,552
MILLION (FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 60,302 60,302
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,895 5,895
TRAINING EQUIPMENT
175 COMBAT TRAINING 104,649 104,649
CENTERS SUPPORT.
176 TRAINING DEVICES, 125,251 125,251
NONSYSTEM.
177 CLOSE COMBAT TACTICAL 19,984 19,984
TRAINER.
178 AVIATION COMBINED 10,977 10,977
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 4,056 4,056
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 10,494 10,494
EQUIPMENT.
181 INTEGRATED FAMILY OF 45,508 45,508
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 24,334 24,334
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
183 RAPID EQUIPPING 5,078 5,078
SOLDIER SUPPORT
EQUIPMENT.
184 PHYSICAL SECURITY 46,301 46,301
SYSTEMS (OPA3).
185 BASE LEVEL COMMON 1,373 1,373
EQUIPMENT.
186 MODIFICATION OF IN- 59,141 59,141
SVC EQUIPMENT (OPA-
3).
187 PRODUCTION BASE 2,446 2,446
SUPPORT (OTH).
188 SPECIAL EQUIPMENT FOR 12,920 12,920
USER TESTING.
189 AMC CRITICAL ITEMS 19,180 19,180
OPA3.
190 TRACTOR YARD......... 7,368 7,368
191 UNMANNED GROUND 83,937 83,937
VEHICLE.
OPA2
193 INITIAL SPARES--C&E.. 64,507 64,507
PRIOR YEAR SAVINGS
UNDISTRIBUTED
194 EMERGENCY MANAGEMENT 52,000
MODERNIZATION
PROGRAM.
Army requested [52,000]
transfer from
Operation and
Maintenance,
Army, line 100.
TOTAL OTHER 6,326,245 6,152,033
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 227,414 0
Transfer of funds [-227,414]
to title 15.
TOTAL JOINT IMPR 227,414 0
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 EA-18G............... 1,027,443 1,014,443
Engine cost [-13,000]
growth.
002 ADVANCE 45,000
PROCUREMENT (CY).
Program increase. [45,000]
003 F/A-18E/F (FIGHTER) 2,035,131 2,017,131
HORNET.
Engine cost [-12,000]
growth.
Engineering [-6,000]
Change Order
excess funding.
004 ADVANCE 30,296 30,296
PROCUREMENT (CY).
005 JOINT STRIKE FIGHTER 1,007,632 988,832
CV.
Excessive weapon [-18,800]
system unit cost
increase.
006 ADVANCE 65,180 65,180
PROCUREMENT (CY).
007 JSF STOVL............ 1,404,737 1,345,937
Excessive weapon [-58,800]
system unit cost
increase.
008 ADVANCE 106,199 106,199
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,303,120 1,291,380
Flyaway unit cost [-11,740]
savings.
010 ADVANCE 154,202 154,202
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 720,933 720,933
AH-1Z).
012 ADVANCE 69,658 69,658
PROCUREMENT (CY).
013 MH-60S (MYP)......... 384,792 384,792
014 ADVANCE 69,277 69,277
PROCUREMENT (CY).
015 MH-60R (MYP)......... 656,866 826,866
Cruiser [170,000]
Retention--Restor
e 5 helicopters.
016 ADVANCE 185,896 185,896
PROCUREMENT (CY).
017 P-8A POSEIDON........ 2,420,755 2,387,052
Excess to need... [-33,703]
018 ADVANCE 325,679 325,679
PROCUREMENT (CY).
019 E-2D ADV HAWKEYE..... 861,498 861,498
020 ADVANCE 123,179 123,179
PROCUREMENT (CY).
TRAINER AIRCRAFT
022 JPATS................ 278,884 268,784
Airframe cost [-10,100]
growth.
OTHER AIRCRAFT
023 KC-130J.............. 3,000 3,000
024 ADVANCE 22,995 22,995
PROCUREMENT (CY).
025 ADVANCE 51,124 51,124
PROCUREMENT (CY)--
RQ-4 UAV.
026 MQ-8 UAV............. 124,573 124,573
027 STUASL0 UAV.......... 9,593 9,593
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.......... 30,062 30,062
029 AEA SYSTEMS.......... 49,999 49,999
030 AV-8 SERIES.......... 38,703 38,703
031 ADVERSARY............ 4,289 4,289
032 F-18 SERIES.......... 647,306 639,306
ILS growth (OSIP [-5,000]
11-84).
Other support [-3,000]
funding growth
(OSIP 001-10).
033 H-46 SERIES.......... 2,343 2,343
034 AH-1W SERIES......... 8,721 8,721
035 H-53 SERIES.......... 45,567 42,367
Other Support [-3,200]
cost growth.
036 SH-60 SERIES......... 83,527 83,527
037 H-1 SERIES........... 6,508 6,508
038 EP-3 SERIES.......... 66,374 66,374
039 P-3 SERIES........... 148,405 148,405
040 E-2 SERIES........... 16,322 16,322
041 TRAINER A/C SERIES... 34,284 34,284
042 C-2A................. 4,743 4,743
043 C-130 SERIES......... 60,302 60,302
044 FEWSG................ 670 670
045 CARGO/TRANSPORT A/C 26,311 26,311
SERIES.
046 E-6 SERIES........... 158,332 155,842
SLEP kit [-2,490]
installation cost
growth (OSIP 003-
07).
047 EXECUTIVE HELICOPTERS 58,163 58,163
SERIES.
048 SPECIAL PROJECT 12,421 12,421
AIRCRAFT.
049 T-45 SERIES.......... 64,488 59,488
Avionics [-2,000]
Obsolescence kit
cost growth.
Synthetic Radar [-3,000]
kit cost growth.
050 POWER PLANT CHANGES.. 21,569 21,569
051 JPATS SERIES......... 1,552 1,552
052 AVIATION LIFE SUPPORT 2,473 2,473
MODS.
053 COMMON ECM EQUIPMENT. 114,690 114,690
054 COMMON AVIONICS 96,183 96,183
CHANGES.
056 ID SYSTEMS........... 39,846 39,846
057 P-8 SERIES........... 5,302 5,302
058 MAGTF EW FOR AVIATION 34,127 34,127
059 RQ-7 SERIES.......... 49,324 49,324
060 V-22 (TILT/ROTOR 95,856 95,856
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 1,166,430 1,132,430
PARTS.
Spares cost [-34,000]
growth- F-35C, F-
35B, E-2D.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 387,195 387,195
EQUIPMENT.
063 AIRCRAFT INDUSTRIAL 23,469 23,469
FACILITIES.
064 WAR CONSUMABLES...... 43,383 43,383
065 OTHER PRODUCTION 3,399 3,399
CHARGES.
066 SPECIAL SUPPORT 32,274 32,274
EQUIPMENT.
067 FIRST DESTINATION 1,742 1,742
TRANSPORTATION.
TOTAL AIRCRAFT 17,129,296 17,127,463
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,224,683 1,214,683
Tooling, test/ [-10,000]
support equipment
growth.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 5,553 5,553
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 308,970 298,970
Contract Savings. [-10,000]
TACTICAL MISSILES
004 AMRAAM............... 102,683 97,390
Captive air [-5,293]
training missile
cost growth.
005 SIDEWINDER........... 80,226 74,267
All Up Round [-3,847]
Missile Cost
Growth.
Captive Air [-2,112]
Training Missile
Cost Growth.
006 JSOW................. 127,609 127,609
007 STANDARD MISSILE..... 399,482 399,482
008 RAM.................. 66,769 66,769
009 HELLFIRE............. 74,501 74,501
011 AERIAL TARGETS....... 61,518 61,518
012 OTHER MISSILE SUPPORT 3,585 3,585
MODIFICATION OF
MISSILES
013 ESSM................. 58,194 58,194
014 HARM MODS............ 86,721 86,721
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 2,014 2,014
FACILITIES.
017 FLEET SATELLITE COMM 21,454 21,454
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
018 ORDNANCE SUPPORT 54,945 54,945
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
019 SSTD................. 2,700 2,700
020 ASW TARGETS.......... 10,385 10,385
MOD OF TORPEDOES AND
RELATED EQUIP
021 MK-54 TORPEDO MODS... 74,487 74,487
022 MK-48 TORPEDO ADCAP 54,281 54,281
MODS.
023 QUICKSTRIKE MINE..... 6,852 6,852
SUPPORT EQUIPMENT
024 TORPEDO SUPPORT 46,402 46,402
EQUIPMENT.
025 ASW RANGE SUPPORT.... 11,927 11,927
DESTINATION
TRANSPORTATION
026 FIRST DESTINATION 3,614 3,614
TRANSPORTATION.
GUNS AND GUN MOUNTS
027 SMALL ARMS AND 12,594 12,594
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
028 CIWS MODS............ 59,303 67,003
Buy additional [7,700]
ordnance
alteration kits.
029 COAST GUARD WEAPONS.. 19,072 19,072
030 GUN MOUNT MODS....... 54,706 54,706
031 CRUISER MODERNIZATION 1,591 19,622
WEAPONS.
Cruiser [18,031]
retention--5"/62
Upgrade.
032 AIRBORNE MINE 20,607 20,607
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
034 SPARES AND REPAIR 60,150 60,150
PARTS.
TOTAL WEAPONS 3,117,578 3,112,057
PROCUREMENT,
NAVY.
SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT 608,195 605,295
PROGRAM.
SEWIP block 2 [-2,900]
growth.
003 VIRGINIA CLASS 3,217,601 3,217,601
SUBMARINE.
004 ADVANCE 874,878 1,652,557
PROCUREMENT (CY).
Advance [777,679]
procurement for
2nd SSN in FY 14.
005 CVN REFUELING 1,613,392 1,517,292
OVERHAULS.
Program decrease. [-96,100]
006 ADVANCE 70,010 70,010
PROCUREMENT (CY).
008 DDG 1000............. 669,222 669,222
009 DDG-51............... 3,048,658 3,048,658
010 ADVANCE 466,283 466,283
PROCUREMENT (CY).
011 LITTORAL COMBAT SHIP. 1,784,959 1,784,959
AMPHIBIOUS SHIPS
015 JOINT HIGH SPEED 189,196 189,196
VESSEL.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
017 ADVANCE 307,300 307,300
PROCUREMENT (CY).
018 OUTFITTING........... 309,648 309,648
020 LCAC SLEP............ 47,930 47,930
021 COMPLETION OF PY 372,573 372,573
SHIPBUILDING
PROGRAMS.
TOTAL 13,579,845 14,258,524
SHIPBUILDING &
CONVERSION, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 27,024 27,024
002 AIRBORNE ROCKETS, ALL 56,575 56,575
TYPES.
003 MACHINE GUN 21,266 21,266
AMMUNITION.
004 PRACTICE BOMBS....... 34,319 34,319
005 CARTRIDGES & CART 53,755 53,755
ACTUATED DEVICES.
006 AIR EXPENDABLE 61,693 60,693
COUNTERMEASURES.
ALE-55 cost [-1,000]
growth.
007 JATOS................ 2,776 2,776
008 LRLAP 6" LONG RANGE 7,102 7,102
ATTACK PROJECTILE.
009 5 INCH/54 GUN 48,320 48,320
AMMUNITION.
010 INTERMEDIATE CALIBER 25,544 25,544
GUN AMMUNITION.
011 OTHER SHIP GUN 41,624 38,884
AMMUNITION.
30MM x 173 linked [-2,740]
cartridge
contract delay.
012 SMALL ARMS & LANDING 65,893 65,247
PARTY AMMO.
M18A1 mine cost [-646]
growth.
013 PYROTECHNIC AND 11,176 11,176
DEMOLITION.
014 AMMUNITION LESS THAN 4,116 4,116
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 83,733 83,733
016 LINEAR CHARGES, ALL 24,645 24,645
TYPES.
017 40 MM, ALL TYPES..... 16,201 16,201
019 81MM, ALL TYPES...... 13,711 3,711
Excess to need... [-10,000]
020 120MM, ALL TYPES..... 12,557 12,557
022 GRENADES, ALL TYPES.. 7,634 7,134
Excess to need... [-500]
023 ROCKETS, ALL TYPES... 27,528 27,528
024 ARTILLERY, ALL TYPES. 93,065 76,459
Prior year funds [-16,606]
available.
025 DEMOLITION MUNITIONS, 2,047 0
ALL TYPES.
Excess to need... [-2,047]
026 FUZE, ALL TYPES...... 5,297 5,297
027 NON LETHALS.......... 1,362 1,362
028 AMMO MODERNIZATION... 4,566 4,566
029 ITEMS LESS THAN $5 6,010 6,010
MILLION.
TOTAL 759,539 726,000
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 10,658 10,658
002 ALLISON 501K GAS 8,469 8,469
TURBINE.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 23,392 23,392
EQUIPMENT.
PERISCOPES
004 SUB PERISCOPES & 53,809 53,809
IMAGING EQUIP.
OTHER SHIPBOARD
EQUIPMENT
005 DDG MOD.............. 452,371 452,371
006 FIREFIGHTING 16,958 16,958
EQUIPMENT.
007 COMMAND AND CONTROL 2,492 2,492
SWITCHBOARD.
008 POLLUTION CONTROL 20,707 20,707
EQUIPMENT.
009 SUBMARINE SUPPORT 12,046 12,046
EQUIPMENT.
010 VIRGINIA CLASS 79,870 79,870
SUPPORT EQUIPMENT.
011 LCS CLASS SUPPORT 19,865 19,865
EQUIPMENT.
012 SUBMARINE BATTERIES.. 41,522 41,522
013 LPD CLASS SUPPORT 30,543 30,543
EQUIPMENT.
014 STRATEGIC PLATFORM 16,257 16,257
SUPPORT EQUIP.
015 DSSP EQUIPMENT....... 3,630 3,630
016 CG MODERNIZATION..... 101,000 184,972
Cruiser retention [83,972]
017 LCAC................. 16,645 16,645
018 UNDERWATER EOD 35,446 35,446
PROGRAMS.
019 ITEMS LESS THAN $5 65,998 65,998
MILLION.
020 CHEMICAL WARFARE 4,359 4,359
DETECTORS.
021 SUBMARINE LIFE 10,218 10,218
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
022 REACTOR POWER UNITS.. 286,859 286,859
023 REACTOR COMPONENTS... 278,503 278,503
OCEAN ENGINEERING
024 DIVING AND SALVAGE 8,998 8,998
EQUIPMENT.
SMALL BOATS
025 STANDARD BOATS....... 30,131 30,131
TRAINING EQUIPMENT
026 OTHER SHIPS TRAINING 29,772 29,772
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
027 OPERATING FORCES IPE. 64,346 64,346
OTHER SHIP SUPPORT
028 NUCLEAR ALTERATIONS.. 154,652 154,652
029 LCS COMMON MISSION 31,319 31,319
MODULES EQUIPMENT.
030 LCS MCM MISSION 38,392 38,392
MODULES.
031 LCS SUW MISSION 32,897 32,897
MODULES.
LOGISTIC SUPPORT
032 LSD MIDLIFE.......... 49,758 49,758
SHIP SONARS
034 SPQ-9B RADAR......... 19,777 19,777
035 AN/SQQ-89 SURF ASW 89,201 89,201
COMBAT SYSTEM.
036 SSN ACOUSTICS........ 190,874 190,874
037 UNDERSEA WARFARE 17,035 17,035
SUPPORT EQUIPMENT.
038 SONAR SWITCHES AND 13,410 13,410
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 21,489 19,532
WARFARE SYSTEM.
Contract award [-1,957]
delays for launch
tube and MK3.
041 SSTD................. 10,716 10,716
042 FIXED SURVEILLANCE 98,896 98,896
SYSTEM.
043 SURTASS.............. 2,774 2,774
044 MARITIME PATROL AND 18,428 18,428
RECONNSAISANCE FORCE.
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 92,270 92,270
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 107,060 107,060
047 AUTOMATED 914 914
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
048 SUBMARINE SUPPORT 34,050 34,050
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 27,881 22,191
ENGAGEMENT
CAPABILITY.
Excess PAAA [-615]
backfit
installation
funding.
Excess signal [-2,725]
data processor
backfit kit
installation
funding.
Signal data [-1,350]
processor backfit
kit contract
delay.
Support funding [-1,000]
carryover.
050 TRUSTED INFORMATION 448 448
SYSTEM (TIS).
051 NAVAL TACTICAL 35,732 35,732
COMMAND SUPPORT
SYSTEM (NTCSS).
053 NAVY COMMAND AND 9,533 9,533
CONTROL SYSTEM
(NCCS).
054 MINESWEEPING SYSTEM 60,111 60,111
REPLACEMENT.
055 SHALLOW WATER MCM.... 6,950 6,950
056 NAVSTAR GPS RECEIVERS 9,089 9,089
(SPACE).
057 AMERICAN FORCES RADIO 7,768 7,768
AND TV SERVICE.
058 STRATEGIC PLATFORM 3,614 3,614
SUPPORT EQUIP.
TRAINING EQUIPMENT
059 OTHER TRAINING 42,911 42,911
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
060 MATCALS.............. 5,861 5,861
061 SHIPBOARD AIR TRAFFIC 8,362 8,362
CONTROL.
062 AUTOMATIC CARRIER 15,685 15,685
LANDING SYSTEM.
063 NATIONAL AIR SPACE 16,919 16,919
SYSTEM.
064 FLEET AIR TRAFFIC 6,828 6,828
CONTROL SYSTEMS.
065 LANDING SYSTEMS...... 7,646 7,646
066 ID SYSTEMS........... 35,474 35,474
067 NAVAL MISSION 9,958 9,958
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
068 DEPLOYABLE JOINT 9,064 9,064
COMMAND AND CONT.
069 MARITIME INTEGRATED 16,026 16,026
BROADCAST SYSTEM.
070 TACTICAL/MOBILE C4I 11,886 11,886
SYSTEMS.
071 DCGS-N............... 11,887 11,887
072 CANES................ 341,398 320,874
Contract delay [-7,734]
(DDG-51 class).
Contract delay [-8,305]
(LHD-7).
Excess ADNS [-2,070]
installation
(afloat) funding.
Excess ADNS [-2,415]
installation
(ashore) funding.
073 RADIAC............... 8,083 8,083
074 CANES-INTELL......... 79,427 79,427
075 GPETE................ 6,083 6,083
076 INTEG COMBAT SYSTEM 4,495 4,495
TEST FACILITY.
077 EMI CONTROL 4,767 4,767
INSTRUMENTATION.
078 ITEMS LESS THAN $5 81,755 81,755
MILLION.
SHIPBOARD
COMMUNICATIONS
080 SHIP COMMUNICATIONS 56,870 56,870
AUTOMATION.
081 MARITIME DOMAIN 1,063 1,063
AWARENESS (MDA).
082 COMMUNICATIONS ITEMS 28,522 28,522
UNDER $5M.
SUBMARINE
COMMUNICATIONS
083 SUBMARINE BROADCAST 4,183 4,183
SUPPORT.
084 SUBMARINE 69,025 69,025
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
085 SATELLITE 49,294 51,294
COMMUNICATIONS
SYSTEMS.
SPIDERNet/ [2,000]
Spectral Warrior
Hardware.
086 NAVY MULTIBAND 184,825 184,825
TERMINAL (NMT).
SHORE COMMUNICATIONS
087 JCS COMMUNICATIONS 2,180 2,180
EQUIPMENT.
088 ELECTRICAL POWER 1,354 1,354
SYSTEMS.
CRYPTOGRAPHIC
EQUIPMENT
090 INFO SYSTEMS SECURITY 144,104 144,104
PROGRAM (ISSP).
CRYPTOLOGIC EQUIPMENT
091 CRYPTOLOGIC 12,604 12,604
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 6,680 6,680
SONOBUOYS
095 SONOBUOYS--ALL TYPES. 104,677 104,677
AIRCRAFT SUPPORT
EQUIPMENT
096 WEAPONS RANGE SUPPORT 70,753 70,753
EQUIPMENT.
097 EXPEDITIONARY 8,678 8,678
AIRFIELDS.
098 AIRCRAFT REARMING 11,349 11,349
EQUIPMENT.
099 AIRCRAFT LAUNCH & 82,618 81,980
RECOVERY EQUIPMENT.
ADMACS [-638]
installation cost
growth.
100 METEOROLOGICAL 18,339 18,339
EQUIPMENT.
101 DCRS/DPL............. 1,414 1,414
102 AVIATION LIFE SUPPORT 40,475 40,475
103 AIRBORNE MINE 61,552 61,552
COUNTERMEASURES.
104 LAMPS MK III 18,771 18,771
SHIPBOARD EQUIPMENT.
105 PORTABLE ELECTRONIC 7,954 7,954
MAINTENANCE AIDS.
106 OTHER AVIATION 10,023 10,023
SUPPORT EQUIPMENT.
107 AUTONOMIC LOGISTICS 3,826 3,826
INFORMATION SYSTEM
(ALIS).
SHIP GUN SYSTEM
EQUIPMENT
108 NAVAL FIRES CONTROL 3,472 3,472
SYSTEM.
109 GUN FIRE CONTROL 4,528 4,528
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
110 NATO SEASPARROW...... 8,960 8,960
111 RAM GMLS............. 1,185 1,185
112 SHIP SELF DEFENSE 55,371 55,371
SYSTEM.
113 AEGIS SUPPORT 81,614 81,614
EQUIPMENT.
114 TOMAHAWK SUPPORT 77,767 72,267
EQUIPMENT.
Production [-5,500]
support funding
growth.
115 VERTICAL LAUNCH 754 754
SYSTEMS.
116 MARITIME INTEGRATED 4,965 4,965
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
117 STRATEGIC MISSILE 181,049 181,049
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
118 SSN COMBAT CONTROL 71,316 71,316
SYSTEMS.
119 SUBMARINE ASW SUPPORT 4,018 4,018
EQUIPMENT.
120 SURFACE ASW SUPPORT 6,465 6,465
EQUIPMENT.
121 ASW RANGE SUPPORT 47,930 47,930
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
122 EXPLOSIVE ORDNANCE 3,579 3,579
DISPOSAL EQUIP.
123 ITEMS LESS THAN $5 3,125 3,125
MILLION.
OTHER EXPENDABLE
ORDNANCE
124 ANTI-SHIP MISSILE 31,743 29,743
DECOY SYSTEM.
Support funding [-2,000]
growth.
125 SURFACE TRAINING 34,174 34,174
DEVICE MODS.
126 SUBMARINE TRAINING 23,450 23,450
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
127 PASSENGER CARRYING 7,158 7,158
VEHICLES.
128 GENERAL PURPOSE 3,325 3,325
TRUCKS.
129 CONSTRUCTION & 8,692 8,692
MAINTENANCE EQUIP.
130 FIRE FIGHTING 14,533 14,533
EQUIPMENT.
131 TACTICAL VEHICLES.... 15,330 15,330
132 AMPHIBIOUS EQUIPMENT. 10,803 10,803
133 POLLUTION CONTROL 7,265 7,265
EQUIPMENT.
134 ITEMS UNDER $5 15,252 15,252
MILLION.
135 PHYSICAL SECURITY 1,161 1,161
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
136 MATERIALS HANDLING 15,204 15,204
EQUIPMENT.
137 OTHER SUPPLY SUPPORT 6,330 6,330
EQUIPMENT.
138 FIRST DESTINATION 6,539 6,539
TRANSPORTATION.
139 SPECIAL PURPOSE 34,804 34,804
SUPPLY SYSTEMS.
TRAINING DEVICES
140 TRAINING SUPPORT 25,444 25,444
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
141 COMMAND SUPPORT 43,165 43,165
EQUIPMENT.
142 EDUCATION SUPPORT 2,251 2,251
EQUIPMENT.
143 MEDICAL SUPPORT 3,148 3,148
EQUIPMENT.
146 NAVAL MIP SUPPORT 3,502 3,502
EQUIPMENT.
148 OPERATING FORCES 15,696 15,696
SUPPORT EQUIPMENT.
149 C4ISR EQUIPMENT...... 4,344 4,344
150 ENVIRONMENTAL SUPPORT 19,492 19,492
EQUIPMENT.
151 PHYSICAL SECURITY 177,149 177,149
EQUIPMENT.
152 ENTERPRISE 183,995 183,995
INFORMATION
TECHNOLOGY.
CLASSIFIED PROGRAMS
152A CLASSIFIED PROGRAMS.. 13,063 13,063
SPARES AND REPAIR
PARTS
153 SPARES AND REPAIR 250,718 250,718
PARTS.
TOTAL OTHER 6,169,378 6,219,041
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 16,089 16,089
002 LAV PIP.............. 186,216 45,342
Budget adjustment [-140,874]
per USMC.
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 2,502 2,502
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 17,913 17,913
TOWED HOWITZER.
005 HIGH MOBILITY 47,999 47,999
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 17,706 17,706
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 48,040 48,040
008 WEAPONS ENHANCEMENT 4,537 4,537
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR 11,054 11,054
DEFENSE.
011 FOLLOW ON TO SMAW.... 19,650 19,650
012 ANTI-ARMOR WEAPONS 20,708 20,708
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS 1,420 1,420
CENTER.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 25,127 25,127
EQUIPMENT.
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM 25,822 25,822
017 MODIFICATION KITS.... 2,831 2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 5,498 5,498
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 11,290 11,290
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 128,079 128,079
021 RQ-21 UAS............ 27,619 27,619
INTELL/COMM EQUIPMENT
(NON-TEL)
022 FIRE SUPPORT SYSTEM.. 7,319 7,319
023 INTELLIGENCE SUPPORT 7,466 7,466
EQUIPMENT.
025 RQ-11 UAV............ 2,318 2,318
026 DCGS-MC.............. 18,291 18,291
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
029 NIGHT VISION 48,084 48,084
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
030 COMMON COMPUTER 206,708 206,708
RESOURCES.
031 COMMAND POST SYSTEMS. 35,190 35,190
032 RADIO SYSTEMS........ 89,059 89,059
033 COMM SWITCHING & 22,500 22,500
CONTROL SYSTEMS.
034 COMM & ELEC 42,625 42,625
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
035A CLASSIFIED PROGRAMS.. 2,290 2,290
ADMINISTRATIVE
VEHICLES
035 COMMERCIAL PASSENGER 2,877 2,877
VEHICLES.
036 COMMERCIAL CARGO 13,960 13,960
VEHICLES.
TACTICAL VEHICLES
037 5/4T TRUCK HMMWV 8,052 8,052
(MYP).
038 MOTOR TRANSPORT 50,269 50,269
MODIFICATIONS.
040 LOGISTICS VEHICLE 37,262 37,262
SYSTEM REP.
041 FAMILY OF TACTICAL 48,160 48,160
TRAILERS.
OTHER SUPPORT
043 ITEMS LESS THAN $5 6,705 6,705
MILLION.
ENGINEER AND OTHER
EQUIPMENT
044 ENVIRONMENTAL CONTROL 13,576 13,576
EQUIP ASSORT.
045 BULK LIQUID EQUIPMENT 16,869 16,869
046 TACTICAL FUEL SYSTEMS 19,108 19,108
047 POWER EQUIPMENT 56,253 56,253
ASSORTED.
048 AMPHIBIOUS SUPPORT 13,089 13,089
EQUIPMENT.
049 EOD SYSTEMS.......... 73,699 73,699
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 3,510 3,510
EQUIPMENT.
051 GARRISON MOBILE 11,490 11,490
ENGINEER EQUIPMENT
(GMEE).
052 MATERIAL HANDLING 20,659 20,659
EQUIP.
053 FIRST DESTINATION 132 132
TRANSPORTATION.
GENERAL PROPERTY
054 FIELD MEDICAL 31,068 31,068
EQUIPMENT.
055 TRAINING DEVICES..... 45,895 45,895
056 CONTAINER FAMILY..... 5,801 5,801
057 FAMILY OF 23,939 23,939
CONSTRUCTION
EQUIPMENT.
060 RAPID DEPLOYABLE 8,365 8,365
KITCHEN.
OTHER SUPPORT
061 ITEMS LESS THAN $5 7,077 7,077
MILLION.
SPARES AND REPAIR
PARTS
062 SPARES AND REPAIR 3,190 3,190
PARTS.
TOTAL 1,622,955 1,482,081
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 3,124,302 3,124,302
002 ADVANCE 293,400 293,400
PROCUREMENT (CY).
OTHER AIRLIFT
005 C-130J............... 68,373 68,373
007 HC-130J.............. 152,212 152,212
009 MC-130J.............. 374,866 374,866
HELICOPTERS
015 HH-60 LOSS 60,596 60,596
REPLACEMENT/RECAP.
017 CV-22 (MYP).......... 294,220 294,220
018 ADVANCE 15,000 15,000
PROCUREMENT (CY).
MISSION SUPPORT
AIRCRAFT
019 CIVIL AIR PATROL A/C. 2,498 2,498
OTHER AIRCRAFT
024 TARGET DRONES........ 129,866 129,866
026 RQ-4................. 75,000 180,200
Sustain current [105,200]
force structure.
028 AC-130J.............. 163,970 163,970
030 MQ-9................. 553,530 708,530
Additional [155,000]
aircraft.
031 RQ-4 BLOCK 40 PROC... 11,654 11,654
STRATEGIC AIRCRAFT
032 B-2A................. 82,296 82,296
033 B-1B................. 149,756 149,756
034 B-52................. 9,781 9,781
035 LARGE AIRCRAFT 28,800 28,800
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
036 A-10................. 89,919 173,919
Retain A-10 force [84,000]
structure.
037 F-15................. 148,378 148,378
038 F-16................. 6,896 6,896
039 F-22A................ 283,871 283,871
040 F-35 MODIFICATIONS... 147,995 147,995
AIRLIFT AIRCRAFT
041 C-5.................. 6,967 6,967
043 C-5M................. 944,819 879,819
Inflation [-65,000]
adjustment and
installation
efficiencies.
044 ADVANCE 175,800 175,800
PROCUREMENT (CY).
046 C-17A................ 205,079 205,079
047 C-21................. 199 199
048 C-32A................ 1,750 1,750
049 C-37A................ 445 445
TRAINER AIRCRAFT
051 GLIDER MODS.......... 126 126
052 T-6.................. 15,494 15,494
053 T-1.................. 272 272
054 T-38................. 20,455 20,455
OTHER AIRCRAFT
056 U-2 MODS............. 44,477 44,477
057 KC-10A (ATCA)........ 46,921 46,921
058 C-12................. 1,876 1,876
059 MC-12W............... 17,054 17,054
060 C-20 MODS............ 243 243
061 VC-25A MOD........... 11,185 11,185
062 C-40................. 243 243
063 C-130................ 67,853 67,853
065 C-130J MODS.......... 70,555 70,555
066 C-135................ 46,707 46,707
067 COMPASS CALL MODS.... 50,024 50,024
068 RC-135............... 165,237 165,237
069 E-3.................. 193,099 193,099
070 E-4.................. 47,616 47,616
071 E-8.................. 59,320 59,320
072 H-1.................. 5,449 5,449
073 H-60................. 26,227 26,227
074 RQ-4 MODS............ 9,257 9,257
075 HC/MC-130 22,326 22,326
MODIFICATIONS.
076 OTHER AIRCRAFT....... 18,832 18,832
077 MQ-1 MODS............ 30,861 30,861
078 MQ-9 MODS............ 238,360 238,360
079 MQ-9 UAS PAYLOADS.... 93,461 93,461
080 CV-22 MODS........... 23,881 23,881
AIRCRAFT SPARES AND
REPAIR PARTS
081 INITIAL SPARES/REPAIR 729,691 729,691
PARTS.
COMMON SUPPORT
EQUIPMENT
082 AIRCRAFT REPLACEMENT 56,542 56,542
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
083 A-10................. 5,100 5,100
084 B-1.................. 965 965
086 B-2A................. 47,580 47,580
088 KC-10A (ATCA)........ 13,100 13,100
089 C-17A................ 181,703 181,703
090 C-130................ 31,830 31,830
091 C-135................ 13,434 13,434
092 F-15................. 2,363 2,363
093 F-16................. 8,506 5,906
Production line [-2,600]
shutdown--excess
to need.
096 OTHER AIRCRAFT....... 9,522 9,522
INDUSTRIAL
PREPAREDNESS
097 INDUSTRIAL 20,731 20,731
RESPONSIVENESS.
WAR CONSUMABLES
098 WAR CONSUMABLES...... 89,727 89,727
OTHER PRODUCTION
CHARGES
099 OTHER PRODUCTION 842,392 842,392
CHARGES.
CLASSIFIED PROGRAMS
103A CLASSIFIED PROGRAMS.. 20,164 20,164
TOTAL AIRCRAFT 11,002,999 11,279,599
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 8,927 8,927
CARTRIDGES
002 CARTRIDGES........... 118,075 118,075
BOMBS
003 PRACTICE BOMBS....... 32,393 32,393
004 GENERAL PURPOSE BOMBS 163,467 163,467
005 JOINT DIRECT ATTACK 101,921 101,921
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 43,829 43,829
007 EXPLOSIVE ORDNANCE 7,515 7,515
DISPOSAL (EOD).
008 SPARES AND REPAIR 1,003 1,003
PARTS.
009 MODIFICATIONS........ 5,321 5,321
010 ITEMS LESS THAN $5 5,066 5,066
MILLION.
FUZES
011 FLARES............... 46,010 46,010
012 FUZES................ 36,444 36,444
SMALL ARMS
013 SMALL ARMS........... 29,223 29,223
TOTAL 599,194 599,194
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 56,906 56,906
EQ-BALLISTIC.
TACTICAL
002 JASSM................ 240,399 240,399
003 SIDEWINDER (AIM-9X).. 88,020 88,020
004 AMRAAM............... 229,637 206,937
Missile unit cost [-22,700]
adjustment.
005 PREDATOR HELLFIRE 47,675 47,675
MISSILE.
006 SMALL DIAMETER BOMB.. 42,000 42,000
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/ 744 744
POL PREVENTION.
CLASS IV
009 MM III MODIFICATIONS. 54,794 54,794
010 AGM-65D MAVERICK..... 271 271
011 AGM-88A HARM......... 23,240 23,240
012 AIR LAUNCH CRUISE 13,620 13,620
MISSILE (ALCM).
013 SMALL DIAMETER BOMB.. 5,000 5,000
MISSILE SPARES AND
REPAIR PARTS
014 INITIAL SPARES/REPAIR 74,373 74,373
PARTS.
SPACE PROGRAMS
015 ADVANCED EHF......... 557,205 547,205
Schedule Delay [-10,000]
Due to Late AP
Award.
017 WIDEBAND GAPFILLER 36,835 36,835
SATELLITES(SPACE).
019 GPS III SPACE SEGMENT 410,294 410,294
020 ADVANCE 82,616 82,616
PROCUREMENT (CY).
021 SPACEBORNE EQUIP 10,554 10,554
(COMSEC).
022 GLOBAL POSITIONING 58,147 58,147
(SPACE).
023 DEF METEOROLOGICAL 89,022 89,022
SAT PROG(SPACE).
024 EVOLVED EXPENDABLE 1,679,856 1,679,856
LAUNCH VEH(SPACE).
025 SBIR HIGH (SPACE).... 454,251 454,251
SPECIAL PROGRAMS
030 SPECIAL UPDATE 138,904 138,904
PROGRAMS.
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS.. 1,097,483 1,097,483
TOTAL MISSILE 5,491,846 5,459,146
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,905 1,905
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 18,547 18,547
VEHICLE.
003 CAP VEHICLES......... 932 932
004 ITEMS LESS THAN $5 1,699 1,699
MILLION.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 10,850 10,850
VEHICLES.
006 ITEMS LESS THAN $5 9,246 9,246
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 23,148 23,148
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,323 18,323
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 1,685 1,685
CLEANING EQU.
010 ITEMS LESS THAN $5 17,014 17,014
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT..... 166,559 166,559
013 MODIFICATIONS 1,133 1,133
(COMSEC).
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 2,749 2,749
EQUIPMENT.
015 INTELLIGENCE COMM 32,876 32,876
EQUIPMENT.
016 ADVANCE TECH SENSORS. 877 877
017 MISSION PLANNING 15,295 15,295
SYSTEMS.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 21,984 21,984
LANDING SYS.
019 NATIONAL AIRSPACE 30,698 30,698
SYSTEM.
020 BATTLE CONTROL 17,368 17,368
SYSTEM--FIXED.
021 THEATER AIR CONTROL 23,483 23,483
SYS IMPROVEMENTS.
022 WEATHER OBSERVATION 17,864 17,864
FORECAST.
023 STRATEGIC COMMAND AND 53,995 34,995
CONTROL.
Early to need.... [-19,000]
024 CHEYENNE MOUNTAIN 14,578 14,578
COMPLEX.
025 TAC SIGINT SPT....... 208 208
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 69,743 69,743
TECHNOLOGY.
028 AF GLOBAL COMMAND & 15,829 63,029
CONTROL SYS.
Add MQ-1/9 RSO-- [9,900]
SOC Procurement.
Establish ANG [37,300]
Targeting Unit--
Workstation
Procurement.
029 MOBILITY COMMAND AND 11,023 11,023
CONTROL.
030 AIR FORCE PHYSICAL 64,521 64,521
SECURITY SYSTEM.
031 COMBAT TRAINING 18,217 18,217
RANGES.
032 C3 COUNTERMEASURES... 11,899 11,899
033 GCSS-AF FOS.......... 13,920 13,920
034 THEATER BATTLE MGT C2 9,365 9,365
SYSTEM.
035 AIR & SPACE 33,907 33,907
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
036 INFORMATION TRANSPORT 52,464 52,464
SYSTEMS.
038 AFNET................ 125,788 125,788
039 VOICE SYSTEMS........ 16,811 16,811
040 USCENTCOM............ 32,138 32,138
DISA PROGRAMS
041 SPACE BASED IR SENSOR 47,135 47,135
PGM SPACE.
042 NAVSTAR GPS SPACE.... 2,031 2,031
043 NUDET DETECTION SYS 5,564 5,564
SPACE.
044 AF SATELLITE CONTROL 44,219 44,219
NETWORK SPACE.
045 SPACELIFT RANGE 109,545 109,545
SYSTEM SPACE.
046 MILSATCOM SPACE...... 47,592 47,592
047 SPACE MODS SPACE..... 47,121 47,121
048 COUNTERSPACE SYSTEM.. 20,961 20,961
ORGANIZATION AND BASE
049 TACTICAL C-E 126,131 126,131
EQUIPMENT.
050 COMBAT SURVIVOR 23,707 23,707
EVADER LOCATER.
051 RADIO EQUIPMENT...... 12,757 12,757
052 CCTV/AUDIOVISUAL 10,716 10,716
EQUIPMENT.
053 BASE COMM 74,528 74,528
INFRASTRUCTURE.
MODIFICATIONS
054 COMM ELECT MODS...... 43,507 43,507
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 22,693 22,693
056 ITEMS LESS THAN $5 30,887 30,887
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
057 MECHANIZED MATERIAL 2,850 2,850
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
058 BASE PROCURED 8,387 8,387
EQUIPMENT.
059 CONTINGENCY 10,358 10,358
OPERATIONS.
060 PRODUCTIVITY CAPITAL 3,473 3,473
INVESTMENT.
062 MOBILITY EQUIPMENT... 14,471 14,471
063 ITEMS LESS THAN $5 1,894 1,894
MILLION.
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 24,176 24,176
066 DCGS-AF.............. 142,928 142,928
068 SPECIAL UPDATE 479,446 479,446
PROGRAM.
069 DEFENSE SPACE 39,155 39,155
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS.. 14,331,312 14,331,312
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 14,663 14,663
PARTS.
TOTAL OTHER 16,720,848 16,749,048
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DCAA
002 ITEMS LESS THAN $5 1,486 1,486
MILLION.
MAJOR EQUIPMENT, DCMA
003 MAJOR EQUIPMENT...... 2,129 2,129
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 6,147 6,147
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
012 INFORMATION SYSTEMS 12,708 12,708
SECURITY.
014 GLOBAL COMBAT SUPPORT 3,002 3,002
SYSTEM.
015 TELEPORT PROGRAM..... 46,992 46,992
016 ITEMS LESS THAN $5 108,462 108,462
MILLION.
017 NET CENTRIC 2,865 2,865
ENTERPRISE SERVICES
(NCES).
018 DEFENSE INFORMATION 116,906 116,906
SYSTEM NETWORK.
019 PUBLIC KEY 1,827 1,827
INFRASTRUCTURE.
021 CYBER SECURITY 10,319 10,319
INITIATIVE.
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 9,575 9,575
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 15,179 15,179
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 1,458 1,458
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DSS
026 MAJOR EQUIPMENT...... 2,522 2,522
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 50 50
028 OTHER MAJOR EQUIPMENT 13,096 13,096
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 460,728 460,728
031 AEGIS BMD............ 389,626 389,626
032 BMDS AN/TPY-2 RADARS. 217,244 380,244
Procure [163,000]
additional AN/TPY-
2 radar.
033 RADAR SPARES......... 10,177 10,177
MAJOR EQUIPMENT, NSA
041 INFORMATION SYSTEMS 6,770 6,770
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
042 MAJOR EQUIPMENT, OSD. 45,938 45,938
043 MAJOR EQUIPMENT, 17,582 17,582
INTELLIGENCE.
MAJOR EQUIPMENT, TJS
044 MAJOR EQUIPMENT, TJS. 21,878 21,878
MAJOR EQUIPMENT, WHS
045 MAJOR EQUIPMENT, WHS. 26,550 26,550
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS.. 555,787 555,787
AVIATION PROGRAMS
046 ROTARY WING UPGRADES 74,832 74,832
AND SUSTAINMENT.
048 MH-60 MODERNIZATION 126,780 126,780
PROGRAM.
049 NON-STANDARD AVIATION 99,776 37,000
Transfer to Line [-62,776]
051--Mission
Shift.
051 U-28................. 7,530 116,906
Transfer from [62,776]
Line 049--Mission
Shift.
USSOCOM UFR...... [46,600]
052 MH-47 CHINOOK........ 134,785 134,785
053 RQ-11 UNMANNED AERIAL 2,062 2,062
VEHICLE.
054 CV-22 MODIFICATION... 139,147 139,147
055 MQ-1 UNMANNED AERIAL 3,963 26,963
VEHICLE.
USSOCOM UFR...... [23,000]
056 MQ-9 UNMANNED AERIAL 3,952 39,352
VEHICLE.
USSOCOM UFR...... [35,400]
058 STUASL0.............. 12,945 12,945
059 PRECISION STRIKE 73,013 73,013
PACKAGE.
060 AC/MC-130J........... 51,484 51,484
062 C-130 MODIFICATIONS.. 25,248 25,248
063 AIRCRAFT SUPPORT..... 5,314 5,314
SHIPBUILDING
064 UNDERWATER SYSTEMS... 23,037 15,037
Transfer to RDDW [-8,000]
Line 272 at
USSOCOM request.
AMMUNITION PROGRAMS
066 ORDNANCE 113,183 113,183
REPLENISHMENT.
067 ORDNANCE ACQUISITION. 36,981 36,981
OTHER PROCUREMENT
PROGRAMS
068 COMMUNICATIONS 99,838 103,738
EQUIPMENT AND
ELECTRONICS.
USSOCOM UFR...... [3,900]
069 INTELLIGENCE SYSTEMS. 71,428 71,428
070 SMALL ARMS AND 27,108 27,108
WEAPONS.
071 DISTRIBUTED COMMON 12,767 15,967
GROUND/SURFACE
SYSTEMS.
USSOCOM UFR...... [3,200]
074 COMBATANT CRAFT 42,348 42,348
SYSTEMS.
075 SPARES AND REPAIR 600 600
PARTS.
077 TACTICAL VEHICLES.... 37,421 37,421
078 MISSION TRAINING AND 36,949 41,949
PREPARATION SYSTEMS.
USSOCOM UFR...... [5,000]
079 COMBAT MISSION 20,255 26,255
REQUIREMENTS.
AC-130 electro- [6,000]
optical and
infrared sensors.
080 MILCON COLLATERAL 17,590 17,590
EQUIPMENT.
082 AUTOMATION SYSTEMS... 66,573 66,573
083 GLOBAL VIDEO 6,549 6,549
SURVEILLANCE
ACTIVITIES.
084 OPERATIONAL 32,335 32,335
ENHANCEMENTS
INTELLIGENCE.
085 SOLDIER PROTECTION 15,153 15,153
AND SURVIVAL SYSTEMS.
086 VISUAL AUGMENTATION 33,920 33,920
LASERS AND SENSOR
SYSTEMS.
087 TACTICAL RADIO 75,132 75,132
SYSTEMS.
090 MISCELLANEOUS 6,667 6,667
EQUIPMENT.
091 OPERATIONAL 217,972 243,272
ENHANCEMENTS.
USSOCOM UFR...... [25,300]
092 MILITARY INFORMATION 27,417 27,417
SUPPORT OPERATIONS.
CBDP
093 INSTALLATION FORCE 24,025 24,025
PROTECTION.
094 INDIVIDUAL PROTECTION 73,720 73,720
095 DECONTAMINATION...... 506 506
096 JOINT BIO DEFENSE 32,597 32,597
PROGRAM (MEDICAL).
097 COLLECTIVE PROTECTION 3,144 3,144
098 CONTAMINATION 164,886 164,886
AVOIDANCE.
TOTAL 4,187,935 4,491,335
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,477 0
OPERATIONAL NEEDS
FUND.
Program reduction [-99,477]
TOTAL JOINT 99,477 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS 150,000
EQUIPMENT.
Program increase. [150,000]
TOTAL NATIONAL 150,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 97,432,379 98,398,230
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
009 AH-64 APACHE BLOCK 71,000 71,000
IIIB NEW BUILD.
012 KIOWA WARRIOR (OH- 183,900 183,900
58F) WRA.
015 CH-47 HELICOPTER..... 231,300 231,300
TOTAL AIRCRAFT 486,200 486,200
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 29,100 29,100
ANTI-TANK/ASSAULT
MISSILE SYS
008 GUIDED MLRS ROCKET 20,553 20,553
(GMLRS).
TOTAL MISSILE 49,653 49,653
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
MOD OF WEAPONS AND
OTHER COMBAT VEH
036 M16 RIFLE MODS....... 15,422 15,422
TOTAL 15,422 15,422
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
003 CTG, HANDGUN, ALL 1,500 1,500
TYPES.
004 CTG, .50 CAL, ALL 10,000 10,000
TYPES.
007 CTG, 30MM, ALL TYPES. 80,000 61,000
Pricing [-19,000]
adjustments for
target practice
round and light-
weight dual
purpose round.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 14,000 14,000
TYPES.
010 81MM MORTAR, ALL 6,000 6,000
TYPES.
011 120MM MORTAR, ALL 56,000 56,000
TYPES.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 29,956 29,956
75MM AND 105MM, ALL
TYP.
014 ARTILLERY PROJECTILE, 37,044 37,044
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 12,300 12,300
RANGE XM982.
016 ARTILLERY 17,000 17,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 12,000 12,000
CHARGES, ALL TYPES.
ROCKETS
020 ROCKET, HYDRA 70, ALL 63,635 63,635
TYPES.
OTHER AMMUNITION
023 SIGNALS, ALL TYPES... 16,858 16,858
MISCELLANEOUS
028 ITEMS LESS THAN $5 1,200 1,200
MILLION.
TOTAL 357,493 338,493
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 FAMILY OF MEDIUM 28,247 28,247
TACTICAL VEH (FMTV).
004 FAMILY OF HEAVY 2,050 2,050
TACTICAL VEHICLES
(FHTV).
011 HMMWV 271,000 271,000
RECAPITALIZATION
PROGRAM.
014 MINE-RESISTANT AMBUSH- 927,400 927,400
PROTECTED (MRAP)
MODS.
COMM--INTELLIGENCE
COMM
052 RESERVE CA/MISO GPF 8,000 8,000
EQUIPMENT.
COMM--BASE
COMMUNICATIONS
061 INSTALLATION INFO 25,000 65,000
INFRASTRUCTURE MOD
PROGRAM(.
Transfer from OMA [40,000]
OCO at SOUTHCOM
request.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
069 DCGS-A (MIP)......... 90,355 90,355
073 CI HUMINT AUTO 6,516 6,516
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 27,646 27,646
MORTAR RADAR.
077 FMLY OF PERSISTENT 52,000 52,000
SURVEILLANCE
CAPABILITIES.
078 COUNTERINTELLIGENCE/ 205,209 205,209
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
092 MOD OF IN-SVC EQUIP 14,600 14,600
(FIREFINDER RADARS).
099 COUNTERFIRE RADARS... 54,585 54,585
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 22,430 22,430
FAMILY.
103 BATTLE COMMAND 2,400 2,400
SUSTAINMENT SUPPORT
SYSTEM.
112 MANEUVER CONTROL 6,400 6,400
SYSTEM (MCS).
113 SINGLE ARMY LOGISTICS 5,160 5,160
ENTERPRISE (SALE).
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 15,000 15,000
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS 66,100 66,100
(BDS).
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
135 EXPLOSIVE ORDNANCE 3,565 3,565
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE
SUPPORT EQUIPMENT
143 FORCE PROVIDER....... 39,700 39,700
145 CARGO AERIAL DEL & 650 650
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 2,119 2,119
PETROLEUM & WATER.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 428 428
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5 30 30
MILLION (MAINT EQ).
TRAINING EQUIPMENT
175 COMBAT TRAINING 7,000 7,000
CENTERS SUPPORT.
176 TRAINING DEVICES, 27,250 27,250
NONSYSTEM.
178 AVIATION COMBINED 1,000 1,000
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 5,900 5,900
SUPPORT OF ARMY
TRAINING.
OTHER SUPPORT
EQUIPMENT
183 RAPID EQUIPPING 98,167 118,167
SOLDIER SUPPORT
EQUIPMENT.
Rapid equipping [-10,000]
force delayed
execution rates.
Solar power units [30,000]
TOTAL OTHER 2,015,907 2,075,907
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 950,500 925,000
Program decrease-- [-25,500]
under execution.
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 400,000 375,000
Program decrease-- [-25,000]
under execution &
program delays.
FORCE TRAINING
003 TRAIN THE FORCE...... 149,500 144,500
Program decrease-- [-5,000]
under execution &
program delays.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 175,400 397,814
Program decrease-- [-5,000]
under execution &
program delays.
Transfer from [227,414]
title 1.
TOTAL JOINT IMPR 1,675,400 1,842,314
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
011 H-1 UPGRADES (UH-1Y/ 29,800 29,800
AH-1Z).
MODIFICATION OF
AIRCRAFT
030 AV-8 SERIES.......... 42,238 42,238
032 F-18 SERIES.......... 41,243 41,243
035 H-53 SERIES.......... 15,870 15,870
038 EP-3 SERIES.......... 13,030 13,030
043 C-130 SERIES......... 16,737 16,737
048 SPECIAL PROJECT 2,714 2,714
AIRCRAFT.
054 COMMON AVIONICS 570 570
CHANGES.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 2,380 2,380
EQUIPMENT.
TOTAL AIRCRAFT 164,582 164,582
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
009 HELLFIRE............. 17,000 17,000
010 STAND OFF PRECISION 6,500 6,500
GUIDED MUNITIONS
(SOPGM).
TOTAL WEAPONS 23,500 23,500
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 18,000 18,000
002 AIRBORNE ROCKETS, ALL 80,200 80,200
TYPES.
003 MACHINE GUN 21,500 21,500
AMMUNITION.
006 AIR EXPENDABLE 20,303 20,303
COUNTERMEASURES.
011 OTHER SHIP GUN 532 532
AMMUNITION.
012 SMALL ARMS & LANDING 2,643 2,643
PARTY AMMO.
013 PYROTECHNIC AND 2,322 2,322
DEMOLITION.
014 AMMUNITION LESS THAN 6,308 6,308
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 10,948 10,948
016 LINEAR CHARGES, ALL 9,940 9,940
TYPES.
017 40 MM, ALL TYPES..... 5,963 5,963
020 120MM, ALL TYPES..... 11,605 11,605
021 CTG 25MM, ALL TYPES.. 2,831 2,831
022 GRENADES, ALL TYPES.. 2,359 2,359
023 ROCKETS, ALL TYPES... 3,051 3,051
024 ARTILLERY, ALL TYPES. 54,886 54,886
025 DEMOLITION MUNITIONS, 1,391 1,391
ALL TYPES.
026 FUZE, ALL TYPES...... 30,945 30,945
027 NON LETHALS.......... 8 8
029 ITEMS LESS THAN $5 12 12
MILLION.
TOTAL 285,747 285,747
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
070 TACTICAL/MOBILE C4I 3,603 3,603
SYSTEMS.
AIRCRAFT SUPPORT
EQUIPMENT
097 EXPEDITIONARY 58,200 58,200
AIRFIELDS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
127 PASSENGER CARRYING 3,901 3,901
VEHICLES.
128 GENERAL PURPOSE 852 852
TRUCKS.
129 CONSTRUCTION & 2,436 2,436
MAINTENANCE EQUIP.
130 FIRE FIGHTING 3,798 3,798
EQUIPMENT.
131 TACTICAL VEHICLES.... 13,394 13,394
134 ITEMS UNDER $5 375 375
MILLION.
COMMAND SUPPORT
EQUIPMENT
149 C4ISR EQUIPMENT...... 3,000 3,000
151 PHYSICAL SECURITY 9,323 9,323
EQUIPMENT.
TOTAL OTHER 98,882 98,882
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
002 LAV PIP.............. 10,000 10,000
ARTILLERY AND OTHER
WEAPONS
005 HIGH MOBILITY 108,860 108,860
ARTILLERY ROCKET
SYSTEM.
GUIDED MISSILES
010 JAVELIN.............. 29,158 29,158
OTHER SUPPORT
013 MODIFICATION KITS.... 41,602 41,602
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 13,632 13,632
EQUIPMENT.
OTHER SUPPORT (TEL)
017 MODIFICATION KITS.... 2,831 2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 AIR OPERATIONS C2 15,575 15,575
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 8,015 8,015
INTELL/COMM EQUIPMENT
(NON-TEL)
023 INTELLIGENCE SUPPORT 35,310 35,310
EQUIPMENT.
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
029 NIGHT VISION 652 652
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
030 COMMON COMPUTER 19,807 19,807
RESOURCES.
032 RADIO SYSTEMS........ 36,482 36,482
033 COMM SWITCHING & 41,295 41,295
CONTROL SYSTEMS.
TACTICAL VEHICLES
039 MEDIUM TACTICAL 10,466 10,466
VEHICLE REPLACEMENT.
041 FAMILY OF TACTICAL 7,642 7,642
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
045 BULK LIQUID EQUIPMENT 18,239 18,239
046 TACTICAL FUEL SYSTEMS 51,359 51,359
047 POWER EQUIPMENT 20,247 20,247
ASSORTED.
049 EOD SYSTEMS.......... 362,658 362,658
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 55,500 55,500
EQUIPMENT.
052 MATERIAL HANDLING 19,100 19,100
EQUIP.
GENERAL PROPERTY
054 FIELD MEDICAL 15,751 15,751
EQUIPMENT.
055 TRAINING DEVICES..... 3,602 3,602
057 FAMILY OF 15,900 15,900
CONSTRUCTION
EQUIPMENT.
TOTAL 943,683 943,683
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC AIRCRAFT
035 LARGE AIRCRAFT 139,800 139,800
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
055 U-2 MODS............. 46,800 46,800
063 C-130................ 11,400 11,400
067 COMPASS CALL MODS.... 14,000 14,000
068 RC-135............... 8,000 8,000
075 HC/MC-130 4,700 4,700
MODIFICATIONS.
AIRCRAFT SPARES AND
REPAIR PARTS
081 INITIAL SPARES/REPAIR 21,900 21,900
PARTS.
OTHER PRODUCTION
CHARGES
099 OTHER PRODUCTION 59,000 59,000
CHARGES.
TOTAL AIRCRAFT 305,600 305,600
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
CARTRIDGES
002 CARTRIDGES........... 13,592 13,592
BOMBS
004 GENERAL PURPOSE BOMBS 23,211 23,211
005 JOINT DIRECT ATTACK 53,923 53,923
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 2,638 2,638
010 ITEMS LESS THAN $5 2,600 2,600
MILLION.
FUZES
011 FLARES............... 11,726 11,726
012 FUZES................ 8,513 8,513
TOTAL 116,203 116,203
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
005 PREDATOR HELLFIRE 34,350 34,350
MISSILE.
TOTAL MISSILE 34,350 34,350
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 2,010 2,010
VEHICLE.
004 ITEMS LESS THAN $5 2,675 2,675
MILLION.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN $5 2,557 2,557
MILLION.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 4,329 4,329
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 984 984
CLEANING EQU.
010 ITEMS LESS THAN $5 9,120 9,120
MILLION.
ELECTRONICS PROGRAMS
022 WEATHER OBSERVATION 5,600 5,600
FORECAST.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 11,157 11,157
TECHNOLOGY.
ORGANIZATION AND BASE
049 TACTICAL C-E 7,000 7,000
EQUIPMENT.
053 BASE COMM 10,654 10,654
INFRASTRUCTURE.
MODIFICATIONS
054 COMM ELECT MODS...... 8,000 8,000
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 902 902
BASE SUPPORT
EQUIPMENT
059 CONTINGENCY 60,090 60,090
OPERATIONS.
062 MOBILITY EQUIPMENT... 9,400 9,400
063 ITEMS LESS THAN $5 9,175 9,175
MILLION.
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS.. 2,672,317 2,672,317
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 2,300 2,300
PARTS.
TOTAL OTHER 2,818,270 2,818,270
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
015 TELEPORT PROGRAM..... 5,260 5,260
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS.. 126,201 126,201
AVIATION PROGRAMS
061 MQ-8 UAV............. 16,500 16,500
OTHER PROCUREMENT
PROGRAMS
068 COMMUNICATIONS 151 151
EQUIPMENT AND
ELECTRONICS.
069 INTELLIGENCE SYSTEMS. 30,528 30,528
077 TACTICAL VEHICLES.... 1,843 1,843
082 AUTOMATION SYSTEMS... 1,000 1,000
086 VISUAL AUGMENTATION 108 108
LASERS AND SENSOR
SYSTEMS.
091 OPERATIONAL 14,758 14,758
ENHANCEMENTS.
TOTAL 196,349 196,349
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 100,000 0
OPERATIONAL NEEDS
FUND.
Program reduction [-100,000]
TOTAL JOINT 100,000 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS 350,000
EQUIPMENT.
Program increase. [350,000]
TOTAL NATIONAL 350,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 9,687,241 10,145,155
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
001 0601101A IN-HOUSE 20,860 20,860
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE RESEARCH 219,180 219,180
SCIENCES.
003 0601103A UNIVERSITY 80,986 80,986
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 123,045 123,045
INDUSTRY
RESEARCH
CENTERS.
............... SUBTOTAL 444,071 444,071
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
005 0602105A MATERIALS 29,041 39,041
TECHNOLOGY.
............... Advanced [10,000]
coating
technologies
for
corrosion
mitigation.
006 0602120A SENSORS AND 45,260 45,260
ELECTRONIC
SURVIVABILITY.
007 0602122A TRACTOR HIP..... 22,439 22,439
008 0602211A AVIATION 51,607 51,607
TECHNOLOGY.
009 0602270A ELECTRONIC 15,068 15,068
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 49,383 49,383
TECHNOLOGY.
011 0602307A ADVANCED WEAPONS 25,999 25,999
TECHNOLOGY.
012 0602308A ADVANCED 23,507 23,507
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 69,062 69,062
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 60,823 60,823
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 4,465 4,465
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 7,169 7,169
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 35,218 35,218
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 60,300 60,300
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 53,244 53,244
TECHNOLOGY.
020 0602712A COUNTERMINE 18,850 18,850
SYSTEMS.
021 0602716A HUMAN FACTORS 19,872 19,872
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 20,095 20,095
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 28,852 28,852
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 9,830 9,830
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 70,693 70,693
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 17,781 17,781
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 28,281 28,281
TECHNOLOGY.
028 0602787A MEDICAL 107,891 107,891
TECHNOLOGY.
............... SUBTOTAL 874,730 884,730
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 39,359 39,359
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 69,580 69,580
TECHNOLOGY.
031 0603003A AVIATION 64,215 64,215
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 67,613 67,613
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 104,359 104,359
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
034 0603006A COMMAND, 4,157 4,157
CONTROL,
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 9,856 9,856
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC 50,661 50,661
WARFARE
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE.... 9,126 9,126
038 0603015A NEXT GENERATION 17,257 17,257
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE.... 9,925 9,925
040 0603105A MILITARY HIV 6,984 6,984
RESEARCH.
041 0603125A COMBATING 9,716 9,716
TERRORISM--TECH
NOLOGY
DEVELOPMENT.
042 0603130A TRACTOR NAIL.... 3,487 3,487
043 0603131A TRACTOR EGGS.... 2,323 2,323
044 0603270A ELECTRONIC 21,683 21,683
WARFARE
TECHNOLOGY.
045 0603313A MISSILE AND 71,111 71,111
ROCKET ADVANCED
TECHNOLOGY.
046 0603322A TRACTOR CAGE.... 10,902 10,902
047 0603461A HIGH PERFORMANCE 180,582 180,582
COMPUTING
MODERNIZATION
PROGRAM.
048 0603606A LANDMINE WARFARE 27,204 27,204
AND BARRIER
ADVANCED
TECHNOLOGY.
049 0603607A JOINT SERVICE 6,095 6,095
SMALL ARMS
PROGRAM.
050 0603710A NIGHT VISION 37,217 37,217
ADVANCED
TECHNOLOGY.
051 0603728A ENVIRONMENTAL 13,626 13,626
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
052 0603734A MILITARY 28,458 28,458
ENGINEERING
ADVANCED
TECHNOLOGY.
053 0603772A ADVANCED 25,226 25,226
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
............... SUBTOTAL 890,722 890,722
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSILE 14,505 14,505
DEFENSE SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 9,876 9,876
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE WARFARE 5,054 5,054
AND BARRIER--
ADV DEV.
057 0603627A SMOKE, OBSCURANT 2,725 2,725
AND TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 30,560 30,560
CALIBER
AMMUNITION.
059 0603653A ADVANCED TANK 14,347 14,347
ARMAMENT SYSTEM
(ATAS).
060 0603747A SOLDIER SUPPORT 10,073 10,073
AND
SURVIVABILITY.
061 0603766A TACTICAL 8,660 8,660
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
062 0603774A NIGHT VISION 10,715 10,715
SYSTEMS
ADVANCED
DEVELOPMENT.
063 0603779A ENVIRONMENTAL 4,631 4,631
QUALITY
TECHNOLOGY--DEM/
VAL.
064 0603782A WARFIGHTER 278,018 278,018
INFORMATION
NETWORK-
TACTICAL--DEM/
VAL.
065 0603790A NATO RESEARCH 4,961 4,961
AND DEVELOPMENT.
066 0603801A AVIATION--ADV 8,602 8,602
DEV.
067 0603804A LOGISTICS AND 14,605 14,605
ENGINEER
EQUIPMENT--ADV
DEV.
068 0603805A COMBAT SERVICE 5,054 5,054
SUPPORT CONTROL
SYSTEM
EVALUATION AND
ANALYSIS.
069 0603807A MEDICAL SYSTEMS-- 24,384 24,384
ADV DEV.
070 0603827A SOLDIER SYSTEMS-- 32,050 32,050
ADVANCED
DEVELOPMENT.
071 0603850A INTEGRATED 96 96
BROADCAST
SERVICE.
072 0604115A TECHNOLOGY 24,868 24,868
MATURATION
INITIATIVES.
073 0604131A TRACTOR JUTE.... 59 59
075 0604319A INDIRECT FIRE 76,039 76,039
PROTECTION
CAPABILITY
INCREMENT 2-
INTERCEPT
(IFPC2).
077 0604785A INTEGRATED BASE 4,043 4,043
DEFENSE (BUDGET
ACTIVITY 4).
078 0305205A ENDURANCE UAVS.. 26,196 20,197
............... Program [-5,999]
decrease.
............... SUBTOTAL 610,121 604,122
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
079 0604201A AIRCRAFT 78,538 78,538
AVIONICS.
080 0604220A ARMED, 90,494 90,494
DEPLOYABLE
HELOS.
081 0604270A ELECTRONIC 181,347 176,347
WARFARE
DEVELOPMENT.
............... Program [-5,000]
adjustment.
083 0604290A MID-TIER 12,636 12,636
NETWORKING
VEHICULAR RADIO
(MNVR).
084 0604321A ALL SOURCE 5,694 5,694
ANALYSIS SYSTEM.
085 0604328A TRACTOR CAGE.... 32,095 32,095
086 0604601A INFANTRY SUPPORT 96,478 93,078
WEAPONS.
............... XM25 funding [-3,400]
ahead of
need.
087 0604604A MEDIUM TACTICAL 3,006 3,006
VEHICLES.
089 0604611A JAVELIN......... 5,040 5,040
090 0604622A FAMILY OF HEAVY 3,077 3,077
TACTICAL
VEHICLES.
091 0604633A AIR TRAFFIC 9,769 9,769
CONTROL.
092 0604641A TACTICAL 13,141 13,141
UNMANNED GROUND
VEHICLE (TUGV).
099 0604710A NIGHT VISION 32,621 32,621
SYSTEMS--ENG
DEV.
100 0604713A COMBAT FEEDING, 2,132 2,132
CLOTHING, AND
EQUIPMENT.
101 0604715A NON-SYSTEM 44,787 44,787
TRAINING
DEVICES--ENG
DEV.
102 0604716A TERRAIN 1,008 1,008
INFORMATION--EN
G DEV.
103 0604741A AIR DEFENSE 73,333 73,333
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
104 0604742A CONSTRUCTIVE 28,937 28,937
SIMULATION
SYSTEMS
DEVELOPMENT.
105 0604746A AUTOMATIC TEST 10,815 10,815
EQUIPMENT
DEVELOPMENT.
106 0604760A DISTRIBUTIVE 13,926 13,926
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
107 0604780A COMBINED ARMS 17,797 17,797
TACTICAL
TRAINER (CATT)
CORE.
108 0604798A BRIGADE 214,270 214,270
ANALYSIS,
INTEGRATION AND
EVALUATION.
109 0604802A WEAPONS AND 14,581 14,581
MUNITIONS--ENG
DEV.
110 0604804A LOGISTICS AND 43,706 43,706
ENGINEER
EQUIPMENT--ENG
DEV.
111 0604805A COMMAND, 20,776 20,776
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
112 0604807A MEDICAL MATERIEL/ 43,395 43,395
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE WARFARE/ 104,983 104,983
BARRIER--ENG
DEV.
114 0604814A ARTILLERY 4,346 4,346
MUNITIONS--EMD.
116 0604818A ARMY TACTICAL 77,223 77,223
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
117 0604820A RADAR 3,486 3,486
DEVELOPMENT.
118 0604822A GENERAL FUND 9,963 27,163
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
............... GFEBS [17,200]
realignment
per Army
request.
119 0604823A FIREFINDER...... 20,517 20,517
120 0604827A SOLDIER SYSTEMS-- 51,851 51,851
WARRIOR DEM/VAL.
121 0604854A ARTILLERY 167,797 167,797
SYSTEMS--EMD.
122 0604869A PATRIOT/MEADS 400,861 0
COMBINED
AGGREGATE
PROGRAM (CAP).
............... Prohibition [-400,861]
of funds for
MEADS.
123 0604870A NUCLEAR ARMS 7,922 7,922
CONTROL
MONITORING
SENSOR NETWORK.
124 0605013A INFORMATION 51,463 51,463
TECHNOLOGY
DEVELOPMENT.
125 0605018A INTEGRATED 158,646 158,646
PERSONNEL AND
PAY SYSTEM-ARMY
(IPPS-A).
126 0605450A JOINT AIR-TO- 10,000 10,000
GROUND MISSILE
(JAGM).
128 0605456A PAC-3/MSE 69,029 69,029
MISSILE.
129 0605457A ARMY INTEGRATED 277,374 315,374
AIR AND MISSILE
DEFENSE (AIAMD).
............... DRFM [38,000]
countermeasu
res studies.
130 0605625A MANNED GROUND 639,874 639,874
VEHICLE.
131 0605626A AERIAL COMMON 47,426 47,426
SENSOR.
132 0605812A JOINT LIGHT 72,295 72,295
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
133 0303032A TROJAN--RH12.... 4,232 4,232
134 0304270A ELECTRONIC 13,942 13,942
WARFARE
DEVELOPMENT.
............... SUBTOTAL 3,286,629 2,932,568
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
135 0604256A THREAT SIMULATOR 18,090 18,090
DEVELOPMENT.
136 0604258A TARGET SYSTEMS 14,034 14,034
DEVELOPMENT.
137 0604759A MAJOR T&E 37,394 37,394
INVESTMENT.
138 0605103A RAND ARROYO 21,026 21,026
CENTER.
139 0605301A ARMY KWAJALEIN 176,816 176,816
ATOLL.
140 0605326A CONCEPTS 27,902 27,902
EXPERIMENTATION
PROGRAM.
142 0605601A ARMY TEST RANGES 369,900 369,900
AND FACILITIES.
143 0605602A ARMY TECHNICAL 69,183 69,183
TEST
INSTRUMENTATION
AND TARGETS.
144 0605604A SURVIVABILITY/ 44,753 44,753
LETHALITY
ANALYSIS.
146 0605606A AIRCRAFT 5,762 5,762
CERTIFICATION.
147 0605702A METEOROLOGICAL 7,402 7,402
SUPPORT TO
RDT&E
ACTIVITIES.
148 0605706A MATERIEL SYSTEMS 19,954 19,954
ANALYSIS.
149 0605709A EXPLOITATION OF 5,535 5,535
FOREIGN ITEMS.
150 0605712A SUPPORT OF 67,789 67,789
OPERATIONAL
TESTING.
151 0605716A ARMY EVALUATION 62,765 62,765
CENTER.
152 0605718A ARMY MODELING & 1,545 1,545
SIM X-CMD
COLLABORATION &
INTEG.
153 0605801A PROGRAMWIDE 83,422 83,422
ACTIVITIES.
154 0605803A TECHNICAL 50,820 50,820
INFORMATION
ACTIVITIES.
155 0605805A MUNITIONS 46,763 46,763
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
156 0605857A ENVIRONMENTAL 4,601 4,601
QUALITY
TECHNOLOGY MGMT
SUPPORT.
157 0605898A MANAGEMENT HQ-- 18,524 18,524
R&D.
............... SUBTOTAL 1,153,980 1,153,980
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
159 0603778A MLRS PRODUCT 143,005 143,005
IMPROVEMENT
PROGRAM.
161 0607865A PATRIOT PRODUCT 109,978 109,978
IMPROVEMENT.
162 0102419A AEROSTAT JOINT 190,422 159,922
PROJECT OFFICE.
............... Program [-30,500]
decrease.
164 0203726A ADV FIELD 32,556 32,556
ARTILLERY
TACTICAL DATA
SYSTEM.
165 0203735A COMBAT VEHICLE 253,959 253,959
IMPROVEMENT
PROGRAMS.
166 0203740A MANEUVER CONTROL 68,325 68,325
SYSTEM.
167 0203744A AIRCRAFT 280,247 226,147
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
............... Funding [-54,100]
ahead of
need.
168 0203752A AIRCRAFT ENGINE 898 898
COMPONENT
IMPROVEMENT
PROGRAM.
169 0203758A DIGITIZATION.... 35,180 35,180
171 0203801A MISSILE/AIR 20,733 20,733
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
172 0203808A TRACTOR CARD.... 63,243 63,243
173 0208053A JOINT TACTICAL 31,738 31,738
GROUND SYSTEM.
174 0208058A JOINT HIGH SPEED 35 35
VESSEL (JHSV).
176 0303028A SECURITY AND 7,591 7,591
INTELLIGENCE
ACTIVITIES.
177 0303140A INFORMATION 15,961 15,961
SYSTEMS
SECURITY
PROGRAM.
178 0303141A GLOBAL COMBAT 120,927 120,927
SUPPORT SYSTEM.
179 0303142A SATCOM GROUND 15,756 15,756
ENVIRONMENT
(SPACE).
180 0303150A WWMCCS/GLOBAL 14,443 14,443
COMMAND AND
CONTROL SYSTEM.
182 0305204A TACTICAL 31,303 31,303
UNMANNED AERIAL
VEHICLES.
183 0305208A DISTRIBUTED 40,876 40,876
COMMON GROUND/
SURFACE SYSTEMS.
184 0305219A MQ-1 SKY WARRIOR 74,618 74,618
A UAV.
185 0305232A RQ-11 UAV....... 4,039 4,039
186 0305233A RQ-7 UAV........ 31,158 31,158
187 0305235A VERTICAL UAS.... 2,387 2,387
188 0307665A BIOMETRICS 15,248 15,248
ENABLED
INTELLIGENCE.
189 0708045A END ITEM 59,908 59,908
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
189A 9999999999 CLASSIFIED 4,628 4,628
PROGRAMS.
............... SUBTOTAL 1,669,162 1,584,562
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 8,929,415 8,494,755
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
001 0601103N UNIVERSITY 113,690 123,690
RESEARCH
INITIATIVES.
............... Increase [10,000]
Defense
University
Research
Instrumentat
ion Program.
002 0601152N IN-HOUSE 18,261 18,261
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 473,070 473,070
SCIENCES.
............... SUBTOTAL 605,021 615,021
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602114N POWER PROJECTION 89,189 89,189
APPLIED
RESEARCH.
005 0602123N FORCE PROTECTION 143,301 143,301
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 46,528 46,528
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,696 41,696
APPLIED
RESEARCH.
008 0602236N WARFIGHTER 44,127 44,127
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 78,228 78,228
SYSTEMS APPLIED
RESEARCH.
010 0602435N OCEAN 49,635 49,635
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
011 0602651M JOINT NON-LETHAL 5,973 5,973
WEAPONS APPLIED
RESEARCH.
012 0602747N UNDERSEA WARFARE 96,814 96,814
APPLIED
RESEARCH.
013 0602750N FUTURE NAVAL 162,417 162,417
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 32,394 32,394
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
............... SUBTOTAL 790,302 790,302
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
015 0603114N POWER PROJECTION 56,543 56,543
ADVANCED
TECHNOLOGY.
016 0603123N FORCE PROTECTION 18,616 18,616
ADVANCED
TECHNOLOGY.
019 0603271N ELECTROMAGNETIC 54,858 54,858
SYSTEMS
ADVANCED
TECHNOLOGY.
020 0603640M USMC ADVANCED 130,598 130,598
TECHNOLOGY
DEMONSTRATION
(ATD).
021 0603651M JOINT NON-LETHAL 11,706 11,706
WEAPONS
TECHNOLOGY
DEVELOPMENT.
022 0603673N FUTURE NAVAL 256,382 256,382
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603729N WARFIGHTER 3,880 3,880
PROTECTION
ADVANCED
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING 51,819 51,819
EXPERIMENTS AND
DEMONSTRATIONS.
............... SUBTOTAL 584,402 584,402
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 34,085 34,085
TACTICAL
APPLICATIONS.
029 0603216N AVIATION 8,783 8,783
SURVIVABILITY.
030 0603237N DEPLOYABLE JOINT 3,773 3,773
COMMAND AND
CONTROL.
031 0603251N AIRCRAFT SYSTEMS 24,512 24,512
032 0603254N ASW SYSTEMS 8,090 8,090
DEVELOPMENT.
033 0603261N TACTICAL 5,301 5,301
AIRBORNE
RECONNAISSANCE.
034 0603382N ADVANCED COMBAT 1,506 1,506
SYSTEMS
TECHNOLOGY.
035 0603502N SURFACE AND 190,622 188,622
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Excess to [-2,000]
need.
036 0603506N SURFACE SHIP 93,346 93,346
TORPEDO DEFENSE.
037 0603512N CARRIER SYSTEMS 108,871 108,871
DEVELOPMENT.
039 0603525N PILOT FISH...... 101,169 101,169
040 0603527N RETRACT LARCH... 74,312 74,312
041 0603536N RETRACT JUNIPER. 90,730 90,730
042 0603542N RADIOLOGICAL 777 777
CONTROL.
043 0603553N SURFACE ASW..... 6,704 6,704
044 0603561N ADVANCED 555,123 555,123
SUBMARINE
SYSTEM
DEVELOPMENT.
045 0603562N SUBMARINE 9,368 9,368
TACTICAL
WARFARE SYSTEMS.
046 0603563N SHIP CONCEPT 24,609 24,609
ADVANCED DESIGN.
047 0603564N SHIP PRELIMINARY 13,710 13,710
DESIGN &
FEASIBILITY
STUDIES.
048 0603570N ADVANCED NUCLEAR 249,748 249,748
POWER SYSTEMS.
049 0603573N ADVANCED SURFACE 29,897 29,897
MACHINERY
SYSTEMS.
050 0603576N CHALK EAGLE..... 509,988 509,988
051 0603581N LITTORAL COMBAT 429,420 429,420
SHIP (LCS).
052 0603582N COMBAT SYSTEM 56,551 56,551
INTEGRATION.
053 0603609N CONVENTIONAL 7,342 7,342
MUNITIONS.
054 0603611M MARINE CORPS 95,182 95,182
ASSAULT
VEHICLES.
055 0603635M MARINE CORPS 10,496 10,496
GROUND COMBAT/
SUPPORT SYSTEM.
056 0603654N JOINT SERVICE 52,331 52,331
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
057 0603658N COOPERATIVE 56,512 56,512
ENGAGEMENT.
058 0603713N OCEAN 7,029 7,029
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
059 0603721N ENVIRONMENTAL 21,080 21,080
PROTECTION.
060 0603724N NAVY ENERGY 55,324 55,324
PROGRAM.
061 0603725N FACILITIES 3,401 3,401
IMPROVEMENT.
062 0603734N CHALK CORAL..... 45,966 45,966
063 0603739N NAVY LOGISTIC 3,811 3,811
PRODUCTIVITY.
064 0603746N RETRACT MAPLE... 341,305 341,305
065 0603748N LINK PLUMERIA... 181,220 181,220
066 0603751N RETRACT ELM..... 174,014 174,014
068 0603764N LINK EVERGREEN.. 68,654 68,654
069 0603787N SPECIAL 44,487 44,487
PROCESSES.
070 0603790N NATO RESEARCH 9,389 9,389
AND DEVELOPMENT.
071 0603795N LAND ATTACK 16,132 16,132
TECHNOLOGY.
072 0603851M JOINT NON-LETHAL 44,994 44,994
WEAPONS TESTING.
073 0603860N JOINT PRECISION 137,369 137,369
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
076 0604272N TACTICAL AIR 73,934 73,934
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
077 0604279N ASE SELF- 711 711
PROTECTION
OPTIMIZATION.
078 0604653N JOINT COUNTER 71,300 71,300
RADIO
CONTROLLED IED
ELECTRONIC
WARFARE (JCREW).
079 0604659N PRECISION STRIKE 5,654 5,654
WEAPONS
DEVELOPMENT
PROGRAM.
080 0604707N SPACE AND 31,549 31,549
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
082 0604786N OFFENSIVE ANTI- 86,801 86,801
SURFACE WARFARE
WEAPON
DEVELOPMENT.
083 0605812M JOINT LIGHT 44,500 44,500
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
084 0303354N ASW SYSTEMS 13,172 13,172
DEVELOPMENT--MI
P.
086 0304270N ELECTRONIC 643 643
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 4,335,297 4,333,297
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
087 0604212N OTHER HELO 33,978 33,978
DEVELOPMENT.
088 0604214N AV-8B AIRCRAFT-- 32,789 32,789
ENG DEV.
089 0604215N STANDARDS 84,988 82,988
DEVELOPMENT.
............... Program [-2,000]
behind in
execution.
090 0604216N MULTI-MISSION 6,866 6,866
HELICOPTER
UPGRADE
DEVELOPMENT.
091 0604218N AIR/OCEAN 4,060 4,060
EQUIPMENT
ENGINEERING.
092 0604221N P-3 3,451 3,451
MODERNIZATION
PROGRAM.
093 0604230N WARFARE SUPPORT 13,071 13,071
SYSTEM.
094 0604231N TACTICAL COMMAND 71,645 71,645
SYSTEM.
095 0604234N ADVANCED HAWKEYE 119,065 119,065
096 0604245N H-1 UPGRADES.... 31,105 31,105
097 0604261N ACOUSTIC SEARCH 34,299 34,299
SENSORS.
098 0604262N V-22A........... 54,412 54,412
099 0604264N AIR CREW SYSTEMS 2,717 2,717
DEVELOPMENT.
100 0604269N EA-18........... 13,009 13,009
101 0604270N ELECTRONIC 51,304 51,304
WARFARE
DEVELOPMENT.
102 0604273N VH-71A EXECUTIVE 61,163 61,163
HELO
DEVELOPMENT.
103 0604274N NEXT GENERATION 187,024 187,024
JAMMER (NGJ).
104 0604280N JOINT TACTICAL 337,480 337,480
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
105 0604307N SURFACE 260,616 510,616
COMBATANT
COMBAT SYSTEM
ENGINEERING.
............... Cruiser [250,000]
Retention.
106 0604311N LPD-17 CLASS 824 824
SYSTEMS
INTEGRATION.
107 0604329N SMALL DIAMETER 31,064 31,064
BOMB (SDB).
108 0604366N STANDARD MISSILE 63,891 58,391
IMPROVEMENTS.
............... Program [-5,500]
execution.
109 0604373N AIRBORNE MCM.... 73,246 73,246
110 0604376M MARINE AIR 10,568 10,568
GROUND TASK
FORCE (MAGTF)
ELECTRONIC
WARFARE (EW)
FOR AVIATION.
111 0604378N NAVAL INTEGRATED 39,974 39,974
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
112 0604404N UNMANNED CARRIER 122,481 122,481
LAUNCHED
AIRBORNE
SURVEILLANCE
AND STRIKE
(UCLASS) SYSTEM.
113 0604501N ADVANCED ABOVE 255,516 255,516
WATER SENSORS.
114 0604503N SSN-688 AND 82,620 82,620
TRIDENT
MODERNIZATION.
115 0604504N AIR CONTROL..... 5,633 5,633
116 0604512N SHIPBOARD 55,826 55,826
AVIATION
SYSTEMS.
117 0604518N COMBAT 918 918
INFORMATION
CENTER
CONVERSION.
118 0604558N NEW DESIGN SSN.. 165,230 165,230
119 0604562N SUBMARINE 49,141 49,141
TACTICAL
WARFARE SYSTEM.
120 0604567N SHIP CONTRACT 196,737 196,737
DESIGN/ LIVE
FIRE T&E.
121 0604574N NAVY TACTICAL 3,889 3,889
COMPUTER
RESOURCES.
122 0604601N MINE DEVELOPMENT 8,335 8,335
123 0604610N LIGHTWEIGHT 49,818 49,818
TORPEDO
DEVELOPMENT.
124 0604654N JOINT SERVICE 10,099 10,099
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
125 0604703N PERSONNEL, 7,348 7,348
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
126 0604727N JOINT STANDOFF 5,518 5,518
WEAPON SYSTEMS.
127 0604755N SHIP SELF 87,662 87,662
DEFENSE (DETECT
& CONTROL).
128 0604756N SHIP SELF 64,079 64,079
DEFENSE
(ENGAGE: HARD
KILL).
129 0604757N SHIP SELF 151,489 151,489
DEFENSE
(ENGAGE: SOFT
KILL/EW).
131 0604771N MEDICAL 12,707 12,707
DEVELOPMENT.
132 0604777N NAVIGATION/ID 47,764 47,764
SYSTEM.
133 0604800M JOINT STRIKE 737,149 733,949
FIGHTER (JSF)--
EMD.
............... Block IV [-3,200]
development
ahead of
need.
134 0604800N JOINT STRIKE 743,926 740,726
FIGHTER (JSF)--
EMD.
............... Block IV [-3,200]
development
ahead of
need.
135 0605013M INFORMATION 12,143 12,143
TECHNOLOGY
DEVELOPMENT.
136 0605013N INFORMATION 72,209 72,209
TECHNOLOGY
DEVELOPMENT.
138 0605212N CH-53K RDTE..... 606,204 606,204
140 0605500N MULTI-MISSION 421,102 421,102
MARITIME
AIRCRAFT (MMA).
141 0204202N DDG-1000........ 124,655 124,655
142 0304231N TACTICAL COMMAND 1,170 1,170
SYSTEM--MIP.
144 0304785N TACTICAL 23,255 23,255
CRYPTOLOGIC
SYSTEMS.
............... SUBTOTAL 5,747,232 5,983,332
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
146 0604256N THREAT SIMULATOR 30,790 30,790
DEVELOPMENT.
147 0604258N TARGET SYSTEMS 59,221 59,221
DEVELOPMENT.
148 0604759N MAJOR T&E 35,894 35,894
INVESTMENT.
149 0605126N JOINT THEATER 7,573 7,573
AIR AND MISSILE
DEFENSE
ORGANIZATION.
150 0605152N STUDIES AND 20,963 20,963
ANALYSIS
SUPPORT--NAVY.
151 0605154N CENTER FOR NAVAL 46,856 46,856
ANALYSES.
153 0605804N TECHNICAL 796 796
INFORMATION
SERVICES.
154 0605853N MANAGEMENT, 32,782 32,782
TECHNICAL &
INTERNATIONAL
SUPPORT.
155 0605856N STRATEGIC 3,306 3,306
TECHNICAL
SUPPORT.
156 0605861N RDT&E SCIENCE 70,302 70,302
AND TECHNOLOGY
MANAGEMENT.
157 0605863N RDT&E SHIP AND 144,033 144,033
AIRCRAFT
SUPPORT.
158 0605864N TEST AND 342,298 342,298
EVALUATION
SUPPORT.
159 0605865N OPERATIONAL TEST 16,399 16,399
AND EVALUATION
CAPABILITY.
160 0605866N NAVY SPACE AND 4,579 4,579
ELECTRONIC
WARFARE (SEW)
SUPPORT.
161 0605867N SEW SURVEILLANCE/ 8,000 8,000
RECONNAISSANCE
SUPPORT.
162 0605873M MARINE CORPS 18,490 18,490
PROGRAM WIDE
SUPPORT.
163 0305885N TACTICAL 2,795 2,795
CRYPTOLOGIC
ACTIVITIES.
............... SUBTOTAL 845,077 845,077
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
167 0604402N UNMANNED COMBAT 142,282 142,282
AIR VEHICLE
(UCAV) ADVANCED
COMPONENT AND
PROTOTYPE
DEVELOPMENT.
170 0101221N STRATEGIC SUB & 105,892 105,892
WEAPONS SYSTEM
SUPPORT.
171 0101224N SSBN SECURITY 34,729 34,729
TECHNOLOGY
PROGRAM.
172 0101226N SUBMARINE 1,434 1,434
ACOUSTIC
WARFARE
DEVELOPMENT.
173 0101402N NAVY STRATEGIC 19,208 19,208
COMMUNICATIONS.
174 0203761N RAPID TECHNOLOGY 25,566 25,566
TRANSITION
(RTT).
175 0204136N F/A-18 SQUADRONS 188,299 170,299
............... Program [-18,000]
behind in
execution.
176 0204152N E-2 SQUADRONS... 8,610 8,610
177 0204163N FLEET 15,695 15,695
TELECOMMUNICATI
ONS (TACTICAL).
178 0204228N SURFACE SUPPORT. 4,171 4,171
179 0204229N TOMAHAWK AND 11,265 11,265
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
180 0204311N INTEGRATED 45,922 45,922
SURVEILLANCE
SYSTEM.
181 0204413N AMPHIBIOUS 8,435 8,435
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
182 0204460M GROUND/AIR TASK 75,088 75,088
ORIENTED RADAR
(G/ATOR).
183 0204571N CONSOLIDATED 20,229 20,229
TRAINING
SYSTEMS
DEVELOPMENT.
184 0204574N CRYPTOLOGIC 1,756 1,756
DIRECT SUPPORT.
185 0204575N ELECTRONIC 19,843 19,843
WARFARE (EW)
READINESS
SUPPORT.
186 0205601N HARM IMPROVEMENT 11,477 11,477
187 0205604N TACTICAL DATA 118,818 118,818
LINKS.
188 0205620N SURFACE ASW 27,342 27,342
COMBAT SYSTEM
INTEGRATION.
189 0205632N MK-48 ADCAP..... 28,717 28,717
190 0205633N AVIATION 89,157 89,157
IMPROVEMENTS.
191 0205658N NAVY SCIENCE 3,450 3,450
ASSISTANCE
PROGRAM.
192 0205675N OPERATIONAL 86,435 86,435
NUCLEAR POWER
SYSTEMS.
193 0206313M MARINE CORPS 219,054 219,054
COMMUNICATIONS
SYSTEMS.
194 0206623M MARINE CORPS 181,693 181,693
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
195 0206624M MARINE CORPS 58,393 58,393
COMBAT SERVICES
SUPPORT.
196 0206625M USMC 22,966 22,966
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
197 0207161N TACTICAL AIM 21,107 21,107
MISSILES.
198 0207163N ADVANCED MEDIUM 2,857 2,857
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
199 0208058N JOINT HIGH SPEED 1,932 1,932
VESSEL (JHSV).
204 0303109N SATELLITE 188,482 188,482
COMMUNICATIONS
(SPACE).
205 0303138N CONSOLIDATED 16,749 16,749
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
206 0303140N INFORMATION 26,307 26,307
SYSTEMS
SECURITY
PROGRAM.
207 0303150M WWMCCS/GLOBAL 500 500
COMMAND AND
CONTROL SYSTEM.
210 0305149N COBRA JUDY...... 17,091 17,091
211 0305160N NAVY 810 810
METEOROLOGICAL
AND OCEAN
SENSORS-SPACE
(METOC).
212 0305192N MILITARY 8,617 8,617
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
213 0305204N TACTICAL 9,066 9,066
UNMANNED AERIAL
VEHICLES.
215 0305207N MANNED 30,654 30,654
RECONNAISSANCE
SYSTEMS.
216 0305208M DISTRIBUTED 25,917 25,917
COMMON GROUND/
SURFACE SYSTEMS.
217 0305208N DISTRIBUTED 14,676 14,676
COMMON GROUND/
SURFACE SYSTEMS.
218 0305220N RQ-4 UAV........ 657,483 657,483
219 0305231N MQ-8 UAV........ 99,600 99,600
220 0305232M RQ-11 UAV....... 495 495
221 0305233N RQ-7 UAV........ 863 863
223 0305234N SMALL (LEVEL 0) 9,734 9,734
TACTICAL UAS
(STUASL0).
225 0305239M RQ-21A.......... 22,343 22,343
226 0308601N MODELING AND 5,908 5,908
SIMULATION
SUPPORT.
227 0702207N DEPOT 27,391 27,391
MAINTENANCE
(NON-IF).
229 0708011N INDUSTRIAL 54,879 54,879
PREPAREDNESS.
230 0708730N MARITIME 5,000 5,000
TECHNOLOGY
(MARITECH).
230A 9999999999 CLASSIFIED 1,151,159 1,351,159
PROGRAMS.
............... Program [200,000]
increase.
............... SUBTOTAL 3,975,546 4,157,546
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 16,882,877 17,308,977
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 361,787 361,787
SCIENCES.
002 0601103F UNIVERSITY 141,153 141,153
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 13,094 13,094
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL 516,034 516,034
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602102F MATERIALS....... 114,166 114,166
005 0602201F AEROSPACE 120,719 120,719
VEHICLE
TECHNOLOGIES.
006 0602202F HUMAN 89,319 89,319
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 232,547 232,547
PROPULSION.
008 0602204F AEROSPACE 127,637 127,637
SENSORS.
009 0602601F SPACE TECHNOLOGY 98,375 98,375
010 0602602F CONVENTIONAL 77,175 77,175
MUNITIONS.
011 0602605F DIRECTED ENERGY 106,196 106,196
TECHNOLOGY.
012 0602788F DOMINANT 104,362 104,362
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 38,557 38,557
LASER RESEARCH.
............... SUBTOTAL 1,109,053 1,109,053
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 47,890 57,890
MATERIALS FOR
WEAPON SYSTEMS.
............... Increase [10,000]
Materials
Affordabilit
y Initiative
program.
015 0603199F SUSTAINMENT 6,565 6,565
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 37,657 37,657
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 81,376 81,376
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 151,152 151,152
PROPULSION AND
POWER
TECHNOLOGY.
019 0603270F ELECTRONIC 32,941 32,941
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 64,557 64,557
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 29,256 29,256
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 21,523 21,523
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 36,352 36,352
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED WEAPONS 19,004 19,004
TECHNOLOGY.
025 0603680F MANUFACTURING 37,045 37,045
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 31,419 31,419
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
............... SUBTOTAL 596,737 606,737
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603260F INTELLIGENCE 3,866 3,866
ADVANCED
DEVELOPMENT.
029 0603287F PHYSICAL 3,704 3,704
SECURITY
EQUIPMENT.
030 0603430F ADVANCED EHF 229,171 227,671
MILSATCOM
(SPACE).
............... Project [-1,500]
decrease.
031 0603432F POLAR MILSATCOM 120,676 120,676
(SPACE).
032 0603438F SPACE CONTROL 25,144 23,144
TECHNOLOGY.
............... Project [-2,000]
decrease.
033 0603742F COMBAT 32,243 32,243
IDENTIFICATION
TECHNOLOGY.
034 0603790F NATO RESEARCH 4,507 4,507
AND DEVELOPMENT.
035 0603791F INTERNATIONAL 652 652
SPACE
COOPERATIVE R&D.
036 0603830F SPACE PROTECTION 10,429 10,429
PROGRAM (SPP).
037 0603850F INTEGRATED 19,938 19,938
BROADCAST
SERVICE--DEM/
VAL.
038 0603851F INTERCONTINENTAL 71,181 71,181
BALLISTIC
MISSILE--DEM/
VAL.
039 0603854F WIDEBAND GLOBAL 12,027 12,027
SATCOM RDT&E
(SPACE).
040 0603859F POLLUTION 2,054 2,054
PREVENTION--DEM/
VAL.
041 0603860F JOINT PRECISION 57,975 57,975
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
042 0604015F LONG RANGE 291,742 291,742
STRIKE.
043 0604283F BATTLE MGMT COM 114,417 114,417
& CTRL SENSOR
DEVELOPMENT.
044 0604317F TECHNOLOGY 2,576 2,576
TRANSFER.
045 0604327F HARD AND DEEPLY 16,711 16,711
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
047 0604337F REQUIREMENTS 16,343 16,343
ANALYSIS AND
MATURATION.
048 0604422F WEATHER 2,000 2,000
SATELLITE
FOLLOW-ON.
050 0604635F GROUND ATTACK 9,423 9,423
WEAPONS FUZE
DEVELOPMENT.
054 0604857F OPERATIONALLY 45,000
RESPONSIVE
SPACE.
............... Restore [45,000]
Operationall
y Responsive
Space.
055 0604858F TECH TRANSITION 37,558 34,558
PROGRAM.
............... Project [-3,000]
decrease.
056 0305164F NAVSTAR GLOBAL 96,840 96,840
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
............... SUBTOTAL 1,181,177 1,219,677
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0603840F GLOBAL BROADCAST 14,652 14,652
SERVICE (GBS).
059 0604222F NUCLEAR WEAPONS 25,713 25,713
SUPPORT.
060 0604233F SPECIALIZED 6,583 4,983
UNDERGRADUATE
FLIGHT TRAINING.
............... Program [-1,600]
delays.
061 0604270F ELECTRONIC 1,975 1,975
WARFARE
DEVELOPMENT.
062 0604280F JOINT TACTICAL 2,594 2,594
RADIO.
063 0604281F TACTICAL DATA 24,534 24,534
NETWORKS
ENTERPRISE.
064 0604287F PHYSICAL 51 51
SECURITY
EQUIPMENT.
065 0604329F SMALL DIAMETER 143,000 143,000
BOMB (SDB)--EMD.
066 0604421F COUNTERSPACE 28,797 28,797
SYSTEMS.
067 0604425F SPACE SITUATION 267,252 247,252
AWARENESS
SYSTEMS.
............... C-Band Radar [3,000]
re-location.
............... Excess [-20,000]
funding.
............... Undistribute [-3,000]
d reduction.
068 0604429F AIRBORNE 4,118 4,118
ELECTRONIC
ATTACK.
069 0604441F SPACE BASED 448,594 446,594
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
............... Project [-2,000]
decrease.
070 0604602F ARMAMENT/ 9,951 9,951
ORDNANCE
DEVELOPMENT.
071 0604604F SUBMUNITIONS.... 2,567 2,567
072 0604617F AGILE COMBAT 13,059 13,059
SUPPORT.
073 0604706F LIFE SUPPORT 9,720 9,720
SYSTEMS.
074 0604735F COMBAT TRAINING 9,222 9,222
RANGES.
076 0604750F INTELLIGENCE 803 803
EQUIPMENT.
077 0604800F F-35--EMD....... 1,210,306 1,207,999
............... Block 4-- [-2,307]
early to
need.
078 0604851F INTERCONTINENTAL 135,437 135,437
BALLISTIC
MISSILE--EMD.
079 0604853F EVOLVED 7,980 7,980
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
080 0604932F LONG RANGE 2,004 2,004
STANDOFF WEAPON.
081 0604933F ICBM FUZE 73,512 73,512
MODERNIZATION.
082 0605213F F-22 140,100 140,100
MODERNIZATION
INCREMENT 3.2B.
083 0605221F NEXT GENERATION 1,815,588 1,738,488
AERIAL
REFUELING
AIRCRAFT.
............... Excess prior [-77,100]
year funds.
084 0605229F CSAR HH-60 123,210 123,210
RECAPITALIZATIO
N.
085 0605278F HC/MC-130 RECAP 19,039 19,039
RDT&E.
086 0605931F B-2 DEFENSIVE 281,056 281,056
MANAGEMENT
SYSTEM.
087 0101125F NUCLEAR WEAPONS 80,200 80,200
MODERNIZATION.
089 0207604F READINESS 310 310
TRAINING
RANGES,
OPERATIONS AND
MAINTENANCE.
090 0207701F FULL COMBAT 14,861 14,861
MISSION
TRAINING.
091 0305230F MC-12........... 19,949 19,949
093 0401318F CV-22........... 28,027 28,027
094 0401845F AIRBORNE SENIOR 1,960 1,960
LEADER C3
(SLC3S).
............... SUBTOTAL 4,966,724 4,863,717
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
095 0604256F THREAT SIMULATOR 22,812 22,812
DEVELOPMENT.
096 0604759F MAJOR T&E 42,236 42,236
INVESTMENT.
097 0605101F RAND PROJECT AIR 25,579 25,579
FORCE.
099 0605712F INITIAL 16,197 16,197
OPERATIONAL
TEST &
EVALUATION.
100 0605807F TEST AND 722,071 722,071
EVALUATION
SUPPORT.
101 0605860F ROCKET SYSTEMS 16,200 16,200
LAUNCH PROGRAM
(SPACE).
102 0605864F SPACE TEST 10,051 45,051
PROGRAM (STP).
............... Restore [35,000]
Space Test
Program.
103 0605976F FACILITIES 42,597 42,597
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
104 0605978F FACILITIES 27,301 27,301
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
105 0606323F MULTI-SERVICE 13,964 13,964
SYSTEMS
ENGINEERING
INITIATIVE.
106 0606392F SPACE AND 203,766 203,766
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
107 0702806F ACQUISITION AND 42,430 42,430
MANAGEMENT
SUPPORT.
108 0804731F GENERAL SKILL 1,294 1,294
TRAINING.
111 1001004F INTERNATIONAL 3,851 3,851
ACTIVITIES.
............... SUBTOTAL 1,190,349 1,225,349
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
112 0603423F GLOBAL 371,595 370,095
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
............... Project [-1,500]
decrease.
114 0605018F AF INTEGRATED 91,697 91,697
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
115 0605024F ANTI-TAMPER 17,037 17,037
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0101113F B-52 SQUADRONS.. 53,208 53,208
118 0101122F AIR-LAUNCHED 431 431
CRUISE MISSILE
(ALCM).
119 0101126F B-1B SQUADRONS.. 16,265 16,265
120 0101127F B-2 SQUADRONS... 35,970 35,970
121 0101313F STRAT WAR 30,889 30,889
PLANNING
SYSTEM--USSTRAT
COM.
122 0101314F NIGHT FIST-- 10 10
USSTRATCOM.
124 0102326F REGION/SECTOR 5,609 5,609
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
126 0203761F WARFIGHTER RAPID 15,098 15,098
ACQUISITION
PROCESS (WRAP)
RAPID
TRANSITION FUND.
127 0205219F MQ-9 UAV........ 147,971 147,971
128 0207040F MULTI-PLATFORM 49,848 49,848
ELECTRONIC
WARFARE
EQUIPMENT.
129 0207131F A-10 SQUADRONS.. 13,538 13,538
130 0207133F F-16 SQUADRONS.. 190,257 190,257
131 0207134F F-15E SQUADRONS. 192,677 192,677
132 0207136F MANNED 13,683 13,683
DESTRUCTIVE
SUPPRESSION.
133 0207138F F-22A SQUADRONS. 371,667 371,667
134 0207142F F-35 SQUADRONS.. 8,117 8,117
135 0207161F TACTICAL AIM 8,234 8,234
MISSILES.
136 0207163F ADVANCED MEDIUM 87,041 87,041
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
137 0207170F JOINT HELMET 1,472 1,472
MOUNTED CUEING
SYSTEM (JHMCS).
138 0207224F COMBAT RESCUE 2,095 2,095
AND RECOVERY.
139 0207227F COMBAT RESCUE-- 1,119 1,119
PARARESCUE.
140 0207247F AF TENCAP....... 63,853 63,853
141 0207249F PRECISION ATTACK 1,063 1,063
SYSTEMS
PROCUREMENT.
142 0207253F COMPASS CALL.... 12,094 12,094
143 0207268F AIRCRAFT ENGINE 187,984 187,984
COMPONENT
IMPROVEMENT
PROGRAM.
145 0207325F JOINT AIR-TO- 7,950 7,950
SURFACE
STANDOFF
MISSILE (JASSM).
146 0207410F AIR & SPACE 76,315 76,315
OPERATIONS
CENTER (AOC).
147 0207412F CONTROL AND 8,653 8,653
REPORTING
CENTER (CRC).
148 0207417F AIRBORNE WARNING 65,200 65,200
AND CONTROL
SYSTEM (AWACS).
149 0207418F TACTICAL 5,767 5,767
AIRBORNE
CONTROL SYSTEMS.
152 0207431F COMBAT AIR 5,756 5,756
INTELLIGENCE
SYSTEM
ACTIVITIES.
154 0207444F TACTICAL AIR 16,226 16,226
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,633 1,633
DATA LINK.
157 0207449F COMMAND AND 18,086 18,086
CONTROL (C2)
CONSTELLATION.
158 0207452F DCAPES.......... 15,690 15,690
159 0207581F JOINT 24,241 24,241
SURVEILLANCE/
TARGET ATTACK
RADAR SYSTEM
(JSTARS).
160 0207590F SEEK EAGLE...... 22,654 22,654
161 0207601F USAF MODELING 15,501 15,501
AND SIMULATION.
162 0207605F WARGAMING AND 5,699 5,699
SIMULATION
CENTERS.
163 0207697F DISTRIBUTED 4,425 4,425
TRAINING AND
EXERCISES.
164 0208006F MISSION PLANNING 69,377 69,377
SYSTEMS.
165 0208021F INFORMATION 7,159 7,159
WARFARE SUPPORT.
166 0208059F CYBER COMMAND 66,888 66,888
ACTIVITIES.
174 0301400F SPACE 12,056 12,056
SUPERIORITY
INTELLIGENCE.
175 0302015F E-4B NATIONAL 4,159 4,159
AIRBORNE
OPERATIONS
CENTER (NAOC).
176 0303131F MINIMUM 20,124 20,124
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
177 0303140F INFORMATION 69,133 69,133
SYSTEMS
SECURITY
PROGRAM.
178 0303141F GLOBAL COMBAT 6,512 6,512
SUPPORT SYSTEM.
179 0303150F GLOBAL COMMAND 4,316 2,316
AND CONTROL
SYSTEM.
............... Underexecuti [-2,000]
on.
180 0303601F MILSATCOM 107,237 107,237
TERMINALS.
182 0304260F AIRBORNE SIGINT 129,106 129,106
ENTERPRISE.
185 0305099F GLOBAL AIR 4,461 4,461
TRAFFIC
MANAGEMENT
(GATM).
186 0305103F CYBER SECURITY 2,055 2,055
INITIATIVE.
187 0305105F DOD CYBER CRIME 285 285
CENTER.
188 0305110F SATELLITE 33,773 33,773
CONTROL NETWORK
(SPACE).
189 0305111F WEATHER SERVICE. 29,048 29,048
190 0305114F AIR TRAFFIC 43,187 43,187
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS.. 50,496 50,496
194 0305128F SECURITY AND 354 354
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,000 4,000
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 342 342
COUNTERINTELLIG
ENCE ACTIVITIES.
198 0305164F NAVSTAR GLOBAL 29,621 29,621
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
199 0305165F NAVSTAR GLOBAL 14,335 14,335
POSITIONING
SYSTEM (SPACE
AND CONTROL
SEGMENTS).
201 0305173F SPACE AND 3,680 3,680
MISSILE TEST
AND EVALUATION
CENTER.
202 0305174F SPACE INNOVATION 2,430 2,430
AND DEVELOPMENT
CENTER.
203 0305182F SPACELIFT RANGE 8,760 8,760
SYSTEM (SPACE).
205 0305202F DRAGON U-2...... 23,644 23,644
206 0305205F ENDURANCE 21,000 21,000
UNMANNED AERIAL
VEHICLES.
207 0305206F AIRBORNE 96,735 96,735
RECONNAISSANCE
SYSTEMS.
208 0305207F MANNED 13,316 13,316
RECONNAISSANCE
SYSTEMS.
209 0305208F DISTRIBUTED 63,501 63,501
COMMON GROUND/
SURFACE SYSTEMS.
210 0305219F MQ-1 PREDATOR A 9,122 9,122
UAV.
211 0305220F RQ-4 UAV........ 236,265 236,265
212 0305221F NETWORK-CENTRIC 7,367 7,367
COLLABORATIVE
TARGETING.
213 0305236F COMMON DATA LINK 38,094 38,094
(CDL).
214 0305238F NATO AGS........ 210,109 210,109
215 0305240F SUPPORT TO DCGS 24,500 24,500
ENTERPRISE.
216 0305265F GPS III SPACE 318,992 318,992
SEGMENT.
217 0305614F JSPOC MISSION 54,645 54,645
SYSTEM.
218 0305881F RAPID CYBER 4,007 4,007
ACQUISITION.
219 0305887F INTELLIGENCE 13,357 13,357
SUPPORT TO
INFORMATION
WARFARE.
220 0305913F NUDET DETECTION 64,965 63,365
SYSTEM (SPACE).
............... ICADS--early [-1,600]
to need.
221 0305940F SPACE SITUATION 19,586 19,586
AWARENESS
OPERATIONS.
223 0308699F SHARED EARLY 1,175 1,175
WARNING (SEW).
224 0401115F C-130 AIRLIFT 5,000 5,000
SQUADRON.
225 0401119F C-5 AIRLIFT 35,115 35,115
SQUADRONS (IF).
226 0401130F C-17 AIRCRAFT 99,225 99,225
(IF).
227 0401132F C-130J PROGRAM.. 30,652 30,652
228 0401134F LARGE AIRCRAFT 7,758 7,758
IR
COUNTERMEASURES
(LAIRCM).
229 0401139F LIGHT MOBILITY 100 0
AIRCRAFT (LIMA).
............... Program [-100]
termination.
231 0401219F KC-10S.......... 24,022 24,022
232 0401314F OPERATIONAL 7,471 7,471
SUPPORT AIRLIFT.
234 0408011F SPECIAL TACTICS / 4,984 4,984
COMBAT CONTROL.
235 0702207F DEPOT 1,588 1,588
MAINTENANCE
(NON-IF).
236 0708012F LOGISTICS 577 577
SUPPORT
ACTIVITIES.
237 0708610F LOGISTICS 119,327 99,327
INFORMATION
TECHNOLOGY
(LOGIT).
............... Program [-20,000]
delays.
238 0708611F SUPPORT SYSTEMS 15,873 15,873
DEVELOPMENT.
240 0804743F OTHER FLIGHT 349 349
TRAINING.
242 0808716F OTHER PERSONNEL 117 117
ACTIVITIES.
243 0901202F JOINT PERSONNEL 2,018 2,018
RECOVERY AGENCY.
244 0901218F CIVILIAN 1,561 1,561
COMPENSATION
PROGRAM.
245 0901220F PERSONNEL 7,634 7,634
ADMINISTRATION.
246 0901226F AIR FORCE 1,175 1,175
STUDIES AND
ANALYSIS AGENCY.
247 0901279F FACILITIES 3,491 3,491
OPERATION--ADMI
NISTRATIVE.
248 0901538F FINANCIAL 100,160 100,160
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
249A 9999999999 CLASSIFIED 11,172,183 11,172,183
PROGRAMS.
............... SUBTOTAL 15,867,972 15,842,772
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 25,428,046 25,383,339
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
001 0601000BR DTRA BASIC 45,071 45,071
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 309,051 309,051
SCIENCES.
003 0601110D8Z BASIC RESEARCH 19,405 19,405
INITIATIVES.
004 0601117E BASIC 39,676 39,676
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE 87,979 87,979
EDUCATION
PROGRAM.
006 0601384BP CHEMICAL AND 50,566 50,566
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL 551,748 551,748
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
007 0602000D8Z JOINT MUNITIONS 20,615 20,615
TECHNOLOGY.
008 0602115E BIOMEDICAL 110,900 110,900
TECHNOLOGY.
009 0602228D8Z HISTORICALLY 10,000
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
............... Program [10,000]
increase.
010 0602234D8Z LINCOLN 36,826 36,826
LABORATORY
RESEARCH
PROGRAM.
011 0602250D8Z SYSTEMS 2020 7,898 7,898
APPLIED
RESEARCH.
012 0602303E INFORMATION & 392,421 392,421
COMMUNICATIONS
TECHNOLOGY.
013 0602304E COGNITIVE 30,424 30,424
COMPUTING
SYSTEMS.
015 0602383E BIOLOGICAL 19,236 19,236
WARFARE DEFENSE.
016 0602384BP CHEMICAL AND 223,269 223,269
BIOLOGICAL
DEFENSE PROGRAM.
017 0602663D8Z DATA TO 13,753 9,753
DECISIONS
APPLIED
RESEARCH.
............... Excessive [-4,000]
growth.
018 0602668D8Z CYBER SECURITY 18,985 12,985
RESEARCH.
............... Excessive [-6,000]
growth.
019 0602670D8Z HUMAN, SOCIAL 6,771 6,771
AND CULTURE
BEHAVIOR
MODELING (HSCB)
APPLIED
RESEARCH.
020 0602702E TACTICAL 233,209 233,209
TECHNOLOGY.
021 0602715E MATERIALS AND 166,067 166,067
BIOLOGICAL
TECHNOLOGY.
022 0602716E ELECTRONICS 222,416 222,416
TECHNOLOGY.
023 0602718BR WEAPONS OF MASS 172,352 172,352
DESTRUCTION
DEFEAT
TECHNOLOGIES.
024 1160401BB SPECIAL 28,739 28,739
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 1,703,881 1,703,881
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
025 0603000D8Z JOINT MUNITIONS 25,612 21,612
ADVANCED
TECHNOLOGY.
............... Excessive [-4,000]
growth.
026 0603121D8Z SO/LIC ADVANCED 26,324 26,324
DEVELOPMENT.
027 0603122D8Z COMBATING 77,144 77,144
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603160BR COUNTERPROLIFERA 275,022 275,022
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
029 0603175C BALLISTIC 79,975 79,975
MISSILE DEFENSE
TECHNOLOGY.
031 0603225D8Z JOINT DOD-DOE 20,032 20,032
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
032 0603264S AGILE 3,892 3,892
TRANSPORTATION
FOR THE 21ST
CENTURY (AT21)--
THEATER
CAPABILITY.
033 0603274C SPECIAL PROGRAM-- 36,685 36,685
MDA TECHNOLOGY.
034 0603286E ADVANCED 174,316 159,316
AEROSPACE
SYSTEMS.
............... Program [-15,000]
decrease.
035 0603287E SPACE PROGRAMS 159,704 159,704
AND TECHNOLOGY.
036 0603384BP CHEMICAL AND 234,280 234,280
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
037 0603618D8Z JOINT ELECTRONIC 6,983 6,983
ADVANCED
TECHNOLOGY.
038 0603648D8Z JOINT CAPABILITY 158,263 158,263
TECHNOLOGY
DEMONSTRATIONS.
039 0603662D8Z NETWORKED 25,393 25,393
COMMUNICATIONS
CAPABILITIES.
040 0603663D8Z DATA TO 13,754 9,754
DECISIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Excessive [-4,000]
growth.
042 0603668D8Z CYBER SECURITY 19,935 13,935
ADVANCED
RESEARCH.
............... Excessive [-6,000]
growth.
043 0603670D8Z HUMAN, SOCIAL 8,235 8,235
AND CULTURE
BEHAVIOR
MODELING (HSCB)
ADVANCED
DEVELOPMENT.
044 0603680D8Z DEFENSE-WIDE 21,966 51,966
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
............... Industrial [30,000]
Base
Innovation
Fund.
045 0603699D8Z EMERGING 24,662 24,662
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
047 0603712S GENERIC 24,605 24,605
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
048 0603713S DEPLOYMENT AND 30,678 30,678
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.
049 0603716D8Z STRATEGIC 65,282 65,282
ENVIRONMENTAL
RESEARCH
PROGRAM.
050 0603720S MICROELECTRONICS 72,234 62,234
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
............... .90nm Next [-10,000]
Generation
Foundry-
early to
need.
051 0603727D8Z JOINT 8,403 8,403
WARFIGHTING
PROGRAM.
052 0603739E ADVANCED 111,008 111,008
ELECTRONICS
TECHNOLOGIES.
054 0603760E COMMAND, CONTROL 237,859 229,859
AND
COMMUNICATIONS
SYSTEMS.
............... Program [-8,000]
reduction.
055 0603765E CLASSIFIED DARPA 3,000 3,000
PROGRAMS.
056 0603766E NETWORK-CENTRIC 236,883 236,883
WARFARE
TECHNOLOGY.
057 0603767E SENSOR 299,438 299,438
TECHNOLOGY.
058 0603769SE DISTRIBUTED 12,195 12,195
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
059 0603781D8Z SOFTWARE 30,036 30,036
ENGINEERING
INSTITUTE.
060 0603826D8Z QUICK REACTION 107,002 92,002
SPECIAL
PROJECTS.
............... Excessive [-15,000]
growth.
062 0603828J JOINT 21,230 21,230
EXPERIMENTATION.
063 0603832D8Z DOD MODELING AND 47,433 47,433
SIMULATION
MANAGEMENT
OFFICE.
064 0603901C DIRECTED ENERGY 46,944 41,944
RESEARCH.
............... Unjustified [-5,000]
request.
065 0603902C NEXT GENERATION 224,077 224,077
AEGIS MISSILE.
066 0603941D8Z TEST & 92,602 92,602
EVALUATION
SCIENCE &
TECHNOLOGY.
068 0604055D8Z OPERATIONAL 26,244 26,244
ENERGY
CAPABILITY
IMPROVEMENT.
069 0303310D8Z CWMD SYSTEMS.... 53,946 38,946
............... Program [-15,000]
reduction.
070 1160402BB SPECIAL 45,317 45,317
OPERATIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
071 1160422BB AVIATION 861 861
ENGINEERING
ANALYSIS.
072 1160472BB SOF INFORMATION 4,959 4,959
AND BROADCAST
SYSTEMS
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 3,194,413 3,142,413
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
073 0603161D8Z NUCLEAR AND 33,234 33,234
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
074 0603527D8Z RETRACT LARCH... 21,023 21,023
075 0603600D8Z WALKOFF......... 94,624 94,624
077 0603714D8Z ADVANCED SENSOR 16,958 18,958
APPLICATIONS
PROGRAM.
............... Reverse cuts [2,000]
to testing.
078 0603851D8Z ENVIRONMENTAL 75,941 75,941
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
079 0603881C BALLISTIC 316,929 316,929
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
080 0603882C BALLISTIC 903,172 978,172
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
............... Program [75,000]
increase.
081 0603884BP CHEMICAL AND 179,023 179,023
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
082 0603884C BALLISTIC 347,012 347,012
MISSILE DEFENSE
SENSORS.
084 0603890C BMD ENABLING 362,711 362,711
PROGRAMS.
085 0603891C SPECIAL 272,387 272,387
PROGRAMS--MDA.
086 0603892C AEGIS BMD....... 992,407 992,407
087 0603893C SPACE TRACKING & 51,313 51,313
SURVEILLANCE
SYSTEM.
088 0603895C BALLISTIC 6,912 6,912
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
089 0603896C BALLISTIC 366,552 366,552
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT &
COMMUNICATION.
090 0603898C BALLISTIC 55,550 55,550
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
091 0603904C MISSILE DEFENSE 63,043 63,043
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
092 0603906C REGARDING TRENCH 11,371 11,371
093 0603907C SEA BASED X-BAND 9,730 9,730
RADAR (SBX).
094 0603913C ISRAELI 99,836 478,836
COOPERATIVE
PROGRAMS.
............... Increase to [168,000]
DSWS, ASIP,
Arrow-3
cooperative
programs.
............... Iron Dome [211,000]
short-range
rocket
defense.
095 0603914C BALLISTIC 454,400 454,400
MISSILE DEFENSE
TEST.
096 0603915C BALLISTIC 435,747 435,747
MISSILE DEFENSE
TARGETS.
097 0603920D8Z HUMANITARIAN 13,231 13,231
DEMINING.
098 0603923D8Z COALITION 11,398 11,398
WARFARE.
099 0604016D8Z DEPARTMENT OF 3,283 24,083
DEFENSE
CORROSION
PROGRAM.
............... Increase for [20,800]
requirements
shortfall.
100 0604400D8Z DEPARTMENT OF 12,368 12,368
DEFENSE (DOD)
UNMANNED
AIRCRAFT SYSTEM
(UAS) COMMON
DEVELOPMENT.
101 0604670D8Z HUMAN, SOCIAL 5,131 5,131
AND CULTURE
BEHAVIOR
MODELING (HSCB)
RESEARCH AND
ENGINEERING.
102 0604775D8Z DEFENSE RAPID 200,000
INNOVATION
PROGRAM.
............... Rapid [200,000]
Innovation
Program.
104 0604787J JOINT SYSTEMS 3,273 3,273
INTEGRATION.
106 0604828J JOINT FIRES 7,364 7,364
INTEGRATION AND
INTEROPERABILIT
Y TEAM.
107 0604880C LAND-BASED SM-3 276,338 276,338
(LBSM3).
108 0604881C AEGIS SM-3 BLOCK 420,630 420,630
IIA CO-
DEVELOPMENT.
109 0604883C PRECISION 297,375 242,375
TRACKING SPACE
SENSOR RDT&E.
............... Project [-55,000]
decrease to
support
technology
development.
111 0604886C ADVANCED REMOTE 58,742 33,742
SENSOR
TECHNOLOGY
(ARST).
............... Program [-25,000]
reduction.
113 0303191D8Z JOINT 3,158 3,158
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
............... SUBTOTAL 6,282,166 6,878,966
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
(SDD)
115 0604161D8Z NUCLEAR AND 6,817 6,817
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
116 0604165D8Z PROMPT GLOBAL 110,383 110,383
STRIKE
CAPABILITY
DEVELOPMENT.
117 0604384BP CHEMICAL AND 311,071 311,071
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
119 0604764K ADVANCED IT 25,787 25,787
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
120 0604771D8Z JOINT TACTICAL 20,688 20,688
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 5,749 5,749
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 12,699 12,699
TECHNOLOGY
DEVELOPMENT.
125 0605021SE HOMELAND 387 387
PERSONNEL
SECURITY
INITIATIVE.
126 0605022D8Z DEFENSE 1,859 1,859
EXPORTABILITY
PROGRAM.
127 0605027D8Z OUSD(C) IT 7,010 7,010
DEVELOPMENT
INITIATIVES.
128 0605070S DOD ENTERPRISE 133,104 133,104
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
129 0605075D8Z DCMO POLICY AND 25,269 25,269
INTEGRATION.
131 0605210D8Z DEFENSE-WIDE 10,238 10,238
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 19,670 19,670
SUPPORT SYSTEM.
133 0305304D8Z DOD ENTERPRISE 3,556 3,556
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
............... SUBTOTAL 694,287 694,287
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION
(SDD).
...............
............... RDT&E MANAGEMENT
SUPPORT
135 0604774D8Z DEFENSE 6,383 6,383
READINESS
REPORTING
SYSTEM (DRRS).
136 0604875D8Z JOINT SYSTEMS 3,845 3,845
ARCHITECTURE
DEVELOPMENT.
137 0604940D8Z CENTRAL TEST AND 144,109 144,109
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
138 0604942D8Z ASSESSMENTS AND 2,419 2,419
EVALUATIONS.
139 0604943D8Z THERMAL VICAR... 8,214 8,214
140 0605100D8Z JOINT MISSION 19,380 19,380
ENVIRONMENT
TEST CAPABILITY
(JMETC).
141 0605104D8Z TECHNICAL 32,266 32,266
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605110D8Z USD(A&T)-- 840 840
CRITICAL
TECHNOLOGY
SUPPORT.
143 0605117D8Z FOREIGN MATERIEL 56,012 56,012
ACQUISITION AND
EXPLOITATION.
144 0605126J JOINT INTEGRATED 55,508 55,508
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
146 0605130D8Z FOREIGN 18,174 18,174
COMPARATIVE
TESTING.
147 0605142D8Z SYSTEMS 43,195 43,195
ENGINEERING.
148 0605151D8Z STUDIES AND 6,457 6,457
ANALYSIS
SUPPORT--OSD.
149 0605161D8Z NUCLEAR MATTERS- 4,901 4,901
PHYSICAL
SECURITY.
150 0605170D8Z SUPPORT TO 6,307 6,307
NETWORKS AND
INFORMATION
INTEGRATION.
151 0605200D8Z GENERAL SUPPORT 6,601 6,601
TO USD
(INTELLIGENCE).
152 0605384BP CHEMICAL AND 92,849 92,849
BIOLOGICAL
DEFENSE PROGRAM.
159 0605790D8Z SMALL BUSINESS 1,857 1,857
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER (S.
160 0605798D8Z DEFENSE 12,056 12,056
TECHNOLOGY
ANALYSIS.
162 0605801KA DEFENSE 55,454 55,454
TECHNICAL
INFORMATION
CENTER (DTIC).
163 0605803SE R&D IN SUPPORT 16,364 16,364
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
164 0605804D8Z DEVELOPMENT TEST 15,110 20,110
AND EVALUATION.
............... DT&E [5,000]
Increase.
166 0605898E MANAGEMENT HQ-- 69,767 69,767
R&D.
167 0606100D8Z BUDGET AND 4,454 4,454
PROGRAM
ASSESSMENTS.
169 0203345D8Z DEFENSE 2,637 2,637
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
174 0303166J SUPPORT TO 8,238 8,238
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
176 0305103E CYBER SECURITY 1,801 1,801
INITIATIVE.
177 0305193D8Z INTELLIGENCE 16,041 16,041
SUPPORT TO
INFORMATION
OPERATIONS (IO).
180 0804767D8Z COCOM EXERCISE 77,475 77,475
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2).
182 0901598C MANAGEMENT HQ-- 34,855 34,855
MDA.
183 0901598D8W MANAGEMENT 104 104
HEADQUARTERS
WHS.
184A 9999999999 CLASSIFIED 64,255 64,255
PROGRAMS.
............... SUBTOTAL 887,928 892,928
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0604130V ENTERPRISE 8,866 8,866
SECURITY SYSTEM
(ESS).
186 0605127T REGIONAL 3,238 3,238
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MGMT.
187 0605147T OVERSEAS 288 288
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
188 0607384BP CHEMICAL AND 14,745 14,745
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
190 0607828J JOINT 5,013 5,013
INTEGRATION AND
INTEROPERABILIT
Y.
191 0208043J PLANNING AND 3,922 3,922
DECISION AID
SYSTEM (PDAS).
192 0208045K C4I 72,574 72,574
INTEROPERABILIT
Y.
194 0301144K JOINT/ALLIED 6,214 6,214
COALITION
INFORMATION
SHARING.
201 0302016K NATIONAL 499 499
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
202 0302019K DEFENSE INFO 14,498 14,498
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
203 0303126K LONG-HAUL 26,164 26,164
COMMUNICATIONS-
-DCS.
204 0303131K MINIMUM 12,931 12,931
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
205 0303135G PUBLIC KEY 6,296 6,296
INFRASTRUCTURE
(PKI).
206 0303136G KEY MANAGEMENT 30,948 30,948
INFRASTRUCTURE
(KMI).
207 0303140D8Z INFORMATION 11,780 11,780
SYSTEMS
SECURITY
PROGRAM.
208 0303140G INFORMATION 191,452 191,452
SYSTEMS
SECURITY
PROGRAM.
211 0303150K GLOBAL COMMAND 36,575 36,575
AND CONTROL
SYSTEM.
212 0303153K DEFENSE SPECTRUM 24,278 24,278
ORGANIZATION.
213 0303170K NET-CENTRIC 2,924 2,924
ENTERPRISE
SERVICES (NCES).
214 0303260D8Z DEFENSE MILITARY 1,294 1,294
DECEPTION
PROGRAM OFFICE
(DMDPO).
215 0303610K TELEPORT PROGRAM 6,050 6,050
217 0304210BB SPECIAL 17,058 17,058
APPLICATIONS
FOR
CONTINGENCIES.
222 0305103K CYBER SECURITY 4,189 4,189
INITIATIVE.
223 0305125D8Z CRITICAL 10,462 10,462
INFRASTRUCTURE
PROTECTION
(CIP).
227 0305186D8Z POLICY R&D 6,360 6,360
PROGRAMS.
229 0305199D8Z NET CENTRICITY.. 21,190 21,190
232 0305208BB DISTRIBUTED 7,114 7,714
COMMON GROUND/
SURFACE SYSTEMS.
............... USSOCOM UFR. [600]
235 0305208K DISTRIBUTED 3,247 3,247
COMMON GROUND/
SURFACE SYSTEMS.
237 0305219BB MQ-1 PREDATOR A 1,355 1,355
UAV.
240 0305387D8Z HOMELAND DEFENSE 2,303 2,303
TECHNOLOGY
TRANSFER
PROGRAM.
241 0305600D8Z INTERNATIONAL 1,478 1,478
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
249 0708011S INDUSTRIAL 27,044 27,044
PREPAREDNESS.
250 0708012S LOGISTICS 4,711 4,711
SUPPORT
ACTIVITIES.
251 0902298J MANAGEMENT HQ-- 4,100 4,100
OJCS.
253 1105219BB MQ-9 UAV........ 3,002 3,002
257 1160403BB SPECIAL 97,267 97,267
OPERATIONS
AVIATION
SYSTEMS
ADVANCED
DEVELOPMENT.
258 1160404BB SPECIAL 821 821
OPERATIONS
TACTICAL
SYSTEMS
DEVELOPMENT.
259 1160405BB SPECIAL 25,935 25,935
OPERATIONS
INTELLIGENCE
SYSTEMS
DEVELOPMENT.
260 1160408BB SOF OPERATIONAL 51,700 51,700
ENHANCEMENTS.
261 1160421BB SPECIAL 1,822 1,822
OPERATIONS CV-
22 DEVELOPMENT.
262 1160427BB MISSION TRAINING 10,131 10,131
AND PREPARATION
SYSTEMS (MTPS).
263 1160429BB AC/MC-130J...... 19,647 19,647
264 1160474BB SOF 2,225 2,225
COMMUNICATIONS
EQUIPMENT AND
ELECTRONICS
SYSTEMS.
265 1160476BB SOF TACTICAL 3,036 3,036
RADIO SYSTEMS.
266 1160477BB SOF WEAPONS 1,511 1,511
SYSTEMS.
267 1160478BB SOF SOLDIER 4,263 4,263
PROTECTION AND
SURVIVAL
SYSTEMS.
268 1160479BB SOF VISUAL 4,448 4,448
AUGMENTATION,
LASERS AND
SENSOR SYSTEMS.
269 1160480BB SOF TACTICAL 11,325 11,325
VEHICLES.
270 1160481BB SOF MUNITIONS... 1,515 1,515
271 1160482BB SOF ROTARY WING 24,430 24,430
AVIATION.
272 1160483BB SOF UNDERWATER 26,405 69,405
SYSTEMS.
............... Program [35,000]
increase.
............... Transfer [8,000]
from PDW
Line 64 at
USSOCOM
request.
273 1160484BB SOF SURFACE 8,573 8,573
CRAFT.
275 1160489BB SOF GLOBAL VIDEO 7,620 7,620
SURVEILLANCE
ACTIVITIES.
276 1160490BB SOF OPERATIONAL 16,386 16,386
ENHANCEMENTS
INTELLIGENCE.
276A 9999999999 CLASSIFIED 3,754,516 3,754,516
PROGRAMS.
............... SUBTOTAL 4,667,738 4,711,338
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... UNDISTRIBUTED
GENERAL
PROVISIONS
276B 9999999999 UNDISTRIBUTED -25,000
GENERAL
PROVISIONS.
............... DARPA [-25,000]
classified
programs
reduction.
............... SUBTOTAL -25,000
UNDISTRIBUTED
GENERAL
PROVISIONS.
...............
............... TOTAL 17,982,161 18,550,561
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... RDT&E MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL TEST 72,501 87,501
AND EVALUATION.
............... Program [15,000]
increase for
DOT&E cyber--
range
operations.
002 0605131OTE LIVE FIRE TEST 49,201 49,201
AND EVALUATION.
003 0605814OTE OPERATIONAL TEST 63,566 63,566
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 185,268 200,268
RDT&E
MANAGEMENT
SUPPORT.
...............
............... TOTAL 185,268 200,268
OPERATIONAL
TEST &
EVAL,
DEFENSE.
...............
............... TOTAL RDT&E 69,407,767 69,937,900
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
060 0603747A SOLDIER SUPPORT 19,860 14,860
AND
SURVIVABILITY.
............... Program [-5,000]
adjustment.
............... SUBTOTAL 19,860 19,860
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... TOTAL 19,860 14,860
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
056 0603654N JOINT SERVICE 4,600 4,600
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
............... SUBTOTAL 4,600 4,600
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604771N MEDICAL 2,173 2,173
DEVELOPMENT.
............... SUBTOTAL 2,173 2,173
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
160 0605866N NAVY SPACE AND 5,200 5,200
ELECTRONIC
WARFARE (SEW)
SUPPORT.
............... SUBTOTAL 5,200 5,200
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
195 0206624M MARINE CORPS 6,762 6,762
COMBAT SERVICES
SUPPORT.
221 0305233N RQ-7 UAV......... 7,600 7,600
230A 9999999999 CLASSIFIED 33,784 33,784
PROGRAMS.
............... SUBTOTAL 48,146 48,146
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 60,119 60,119
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
249A 9999999999 CLASSIFIED 53,150 53,150
PROGRAMS.
............... SUBTOTAL 53,150 53,150
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 53,150 53,150
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0305231BB MQ-8 UAV......... 5,000 5,000
276A 9999999999 CLASSIFIED 107,387 107,387
PROGRAMS.
............... SUBTOTAL 112,387 112,387
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 112,387 112,387
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW.
...............
............... TOTAL RDT&E. 245,516 240,516
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
010 MANEUVER UNITS.............. 1,223,087 1,223,087
020 MODULAR SUPPORT BRIGADES.... 80,574 80,574
030 ECHELONS ABOVE BRIGADE...... 723,039 723,039
040 THEATER LEVEL ASSETS........ 706,974 706,974
050 LAND FORCES OPERATIONS 1,226,650 1,226,650
SUPPORT....................
060 AVIATION ASSETS............. 1,319,832 1,319,832
070 FORCE READINESS OPERATIONS 3,447,174 3,447,174
SUPPORT....................
080 LAND FORCES SYSTEMS 454,774 454,774
READINESS..................
090 LAND FORCES DEPOT 1,762,757 1,762,757
MAINTENANCE................
100 BASE OPERATIONS SUPPORT..... 7,401,613 7,349,613
Army requested transfer [-52,000]
to Other Procurement,
Army for emgergency
mananagement
modernization prgram....
110 FACILITIES SUSTAINMENT, 3,041,074 3,259,674
RESTORATION & MODERNIZATION
Restoration and [218,600]
Modernization of
Facilities..............
120 MANAGEMENT AND OPERATIONAL 410,171 410,171
HQ'S.......................
130 COMBATANT COMMANDERS CORE 177,819 177,819
OPERATIONS.................
170 COMBATANT COMMANDERS 461,333 461,333
ANCILLARY MISSIONS.........
SUBTOTAL OPERATING 22,436,871 22,603,471
FORCES..................
MOBILIZATION
180 STRATEGIC MOBILITY.......... 405,496 405,496
190 ARMY PREPOSITIONING STOCKS.. 195,349 195,349
200 INDUSTRIAL PREPAREDNESS..... 6,379 6,379
SUBTOTAL MOBILIZATION... 607,224 607,224
TRAINING AND RECRUITING
210 OFFICER ACQUISITION......... 112,866 112,866
220 RECRUIT TRAINING............ 73,265 73,265
230 ONE STATION UNIT TRAINING... 51,227 51,227
240 SENIOR RESERVE OFFICERS 443,306 443,306
TRAINING CORPS.............
250 SPECIALIZED SKILL TRAINING.. 1,099,556 1,099,556
260 FLIGHT TRAINING............. 1,130,627 1,130,627
270 PROFESSIONAL DEVELOPMENT 191,683 191,683
EDUCATION..................
280 TRAINING SUPPORT............ 652,095 652,095
290 RECRUITING AND ADVERTISING.. 507,510 507,510
300 EXAMINING................... 156,964 156,964
310 OFF-DUTY AND VOLUNTARY 244,343 244,343
EDUCATION..................
320 CIVILIAN EDUCATION AND 212,477 212,477
TRAINING...................
330 JUNIOR ROTC................. 182,691 182,691
SUBTOTAL TRAINING AND 5,058,610 5,058,610
RECRUITING..............
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.. 601,331 601,331
360 CENTRAL SUPPLY ACTIVITIES... 741,324 741,324
370 LOGISTIC SUPPORT ACTIVITIES. 610,136 610,136
380 AMMUNITION MANAGEMENT....... 478,707 478,707
390 ADMINISTRATION.............. 556,307 556,307
400 SERVICEWIDE COMMUNICATIONS.. 1,547,925 1,547,925
410 MANPOWER MANAGEMENT......... 362,205 338,205
Army-Identified Excess [-24,000]
for Civilian Personnel
Resources Support.......
420 OTHER PERSONNEL SUPPORT..... 220,754 220,754
430 OTHER SERVICE SUPPORT....... 1,153,556 1,150,509
Army Museum Funding [-3,047]
(Early to need).........
440 ARMY CLAIMS ACTIVITIES...... 250,970 250,970
450 REAL ESTATE MANAGEMENT...... 222,351 222,351
460 BASE OPERATIONS SUPPORT..... 222,379 222,379
470 SUPPORT OF NATO OPERATIONS.. 459,710 459,710
480 MISC. SUPPORT OF OTHER 25,637 25,637
NATIONS....................
490 CLASSIFIED PROGRAMS......... 1,052,595 1,052,595
SUBTOTAL ADMIN & SRVWIDE 8,505,887 8,478,840
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
500 UNDISTRIBUTED ADJUSTMENTS... -266,600
Excess Working Capital [-146,600]
Fund Carry Over.........
Historical unobligated [-120,000]
balances................
SUBTOTAL UNDISTRIBUTED -266,600
ADJUSTMENTS.............
TOTAL OPERATION & 36,608,592 36,481,545
MAINTENANCE, ARMY......
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,918,144 4,927,144
OPERATIONS.................
Cruiser Retention....... [9,000]
020 FLEET AIR TRAINING.......... 1,886,825 1,886,825
030 AVIATION TECHNICAL DATA & 44,032 44,032
ENGINEERING SERVICES.......
040 AIR OPERATIONS AND SAFETY 101,565 101,565
SUPPORT....................
050 AIR SYSTEMS SUPPORT......... 374,827 374,827
060 AIRCRAFT DEPOT MAINTENANCE.. 960,802 960,802
070 AIRCRAFT DEPOT OPERATIONS 37,545 37,545
SUPPORT....................
080 AVIATION LOGISTICS.......... 328,805 328,805
090 MISSION AND OTHER SHIP 4,686,535 4,711,185
OPERATIONS.................
Cruiser Retention....... [24,650]
100 SHIP OPERATIONS SUPPORT & 769,204 769,204
TRAINING...................
110 SHIP DEPOT MAINTENANCE...... 5,089,981 5,157,944
Cruiser Retention....... [67,963]
120 SHIP DEPOT OPERATIONS 1,315,366 1,329,237
SUPPORT....................
Cruiser Retention....... [13,871]
130 COMBAT COMMUNICATIONS....... 619,909 619,909
140 ELECTRONIC WARFARE.......... 92,364 92,364
150 SPACE SYSTEMS AND 174,437 174,437
SURVEILLANCE...............
160 WARFARE TACTICS............. 441,035 441,035
170 OPERATIONAL METEOROLOGY AND 333,554 333,554
OCEANOGRAPHY...............
180 COMBAT SUPPORT FORCES....... 910,087 910,087
190 EQUIPMENT MAINTENANCE....... 167,158 167,158
200 DEPOT OPERATIONS SUPPORT.... 4,183 4,183
210 COMBATANT COMMANDERS CORE 95,528 95,528
OPERATIONS.................
220 COMBATANT COMMANDERS DIRECT 204,569 204,569
MISSION SUPPORT............
230 CRUISE MISSILE.............. 111,884 111,884
240 FLEET BALLISTIC MISSILE..... 1,181,038 1,181,038
250 IN-SERVICE WEAPONS SYSTEMS 87,606 87,606
SUPPORT....................
260 WEAPONS MAINTENANCE......... 519,583 519,583
270 OTHER WEAPON SYSTEMS SUPPORT 300,435 300,435
280 ENTERPRISE INFORMATION...... 1,077,924 1,077,924
290 SUSTAINMENT, RESTORATION AND 2,101,279 2,155,879
MODERNIZATION..............
Restoration and [54,600]
Modernization of
Facilities..............
300 BASE OPERATING SUPPORT...... 4,822,093 4,822,093
SUBTOTAL OPERATING 33,758,297 33,928,381
FORCES..................
MOBILIZATION
310 SHIP PREPOSITIONING AND 334,659 334,659
SURGE......................
320 AIRCRAFT ACTIVATIONS/ 6,562 6,562
INACTIVATIONS..............
330 SHIP ACTIVATIONS/ 1,066,329 1,057,329
INACTIVATIONS..............
Cruiser Retention....... [-9,000]
340 EXPEDITIONARY HEALTH 83,901 83,901
SERVICES SYSTEMS...........
350 INDUSTRIAL READINESS........ 2,695 2,695
360 COAST GUARD SUPPORT......... 23,502 23,502
SUBTOTAL MOBILIZATION... 1,517,648 1,508,648
TRAINING AND RECRUITING
370 OFFICER ACQUISITION......... 147,807 147,807
380 RECRUIT TRAINING............ 10,473 10,473
390 RESERVE OFFICERS TRAINING 139,220 139,220
CORPS......................
400 SPECIALIZED SKILL TRAINING.. 582,177 582,177
410 FLIGHT TRAINING............. 5,456 5,456
420 PROFESSIONAL DEVELOPMENT 170,746 170,746
EDUCATION..................
430 TRAINING SUPPORT............ 153,403 153,403
440 RECRUITING AND ADVERTISING.. 241,329 242,267
Naval Sea Cadet Corps... [938]
450 OFF-DUTY AND VOLUNTARY 108,226 108,226
EDUCATION..................
460 CIVILIAN EDUCATION AND 105,776 105,776
TRAINING...................
470 JUNIOR ROTC................. 51,817 51,817
SUBTOTAL TRAINING AND 1,716,430 1,717,368
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION.............. 797,177 797,177
490 EXTERNAL RELATIONS.......... 12,872 12,872
500 CIVILIAN MANPOWER AND 120,181 120,181
PERSONNEL MANAGEMENT.......
510 MILITARY MANPOWER AND 235,753 235,753
PERSONNEL MANAGEMENT.......
520 OTHER PERSONNEL SUPPORT..... 263,060 263,060
530 SERVICEWIDE COMMUNICATIONS.. 363,213 363,213
550 SERVICEWIDE TRANSPORTATION.. 182,343 182,343
570 PLANNING, ENGINEERING AND 282,464 282,464
DESIGN.....................
580 ACQUISITION AND PROGRAM 1,092,123 1,092,123
MANAGEMENT.................
590 HULL, MECHANICAL AND 53,560 53,560
ELECTRICAL SUPPORT.........
600 COMBAT/WEAPONS SYSTEMS...... 25,299 25,299
610 SPACE AND ELECTRONIC WARFARE 64,418 64,418
SYSTEMS....................
620 NAVAL INVESTIGATIVE SERVICE. 580,042 580,042
680 INTERNATIONAL HEADQUARTERS 4,984 4,984
AND AGENCIES...............
710 CLASSIFIED PROGRAMS......... 537,079 537,079
SUBTOTAL ADMIN & SRVWD 4,614,568 4,614,568
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
720 UNDISTRIBUTED ADJUSTMENTS... -23,000
Historical unobligated [-23,000]
balances................
SUBTOTAL UNDISTRIBUTED -23,000
ADJUSTMENTS.............
TOTAL OPERATION & 41,606,943 41,745,965
MAINTENANCE, NAVY......
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.......... 788,055 788,055
020 FIELD LOGISTICS............. 762,614 762,614
030 DEPOT MAINTENANCE........... 168,447 168,447
040 MARITIME PREPOSITIONING..... 100,374 100,374
050 SUSTAINMENT, RESTORATION & 825,039 847,839
MODERNIZATION..............
Restoration and [22,800]
Modernization of
Facilities..............
060 BASE OPERATING SUPPORT...... 2,188,883 2,188,883
SUBTOTAL OPERATING 4,833,412 4,856,212
FORCES..................
TRAINING AND RECRUITING
070 RECRUIT TRAINING............ 18,251 18,251
080 OFFICER ACQUISITION......... 869 869
090 SPECIALIZED SKILL TRAINING.. 80,914 80,914
100 PROFESSIONAL DEVELOPMENT 42,744 42,744
EDUCATION..................
110 TRAINING SUPPORT............ 292,150 292,150
120 RECRUITING AND ADVERTISING.. 168,609 168,609
130 OFF-DUTY AND VOLUNTARY 56,865 56,865
EDUCATION..................
140 JUNIOR ROTC................. 19,912 19,912
SUBTOTAL TRAINING AND 680,314 680,314
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.. 39,962 39,962
170 ACQUISITION AND PROGRAM 83,404 83,404
MANAGEMENT.................
190 CLASSIFIED PROGRAMS......... 346,071 346,071
SUBTOTAL ADMIN & SRVWD 469,437 469,437
ACTIVITIES..............
TOTAL OPERATION & 5,983,163 6,005,963
MAINTENANCE, MARINE
CORPS..................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....... 2,973,141 2,973,141
020 COMBAT ENHANCEMENT FORCES... 1,611,032 1,744,032
Global Hawk Block 30.... [133,000]
030 AIR OPERATIONS TRAINING 1,472,806 1,472,806
(OJT, MAINTAIN SKILLS).....
040 DEPOT MAINTENANCE........... 5,545,470 5,545,470
050 FACILITIES SUSTAINMENT, 1,353,987 1,489,386
RESTORATION & MODERNIZATION
Restoration and [135,399]
Modernization of
Facilities..............
060 BASE SUPPORT................ 2,595,032 2,595,032
070 GLOBAL C3I AND EARLY WARNING 957,040 957,040
080 OTHER COMBAT OPS SPT 916,200 916,200
PROGRAMS...................
100 TACTICAL INTEL AND OTHER 733,716 733,716
SPECIAL ACTIVITIES.........
110 LAUNCH FACILITIES........... 314,490 314,490
120 SPACE CONTROL SYSTEMS....... 488,762 488,762
130 COMBATANT COMMANDERS DIRECT 862,979 850,979
MISSION SUPPORT............
Joint Forces Command [-12,000]
restructuring...........
140 COMBATANT COMMANDERS CORE 222,429 222,429
OPERATIONS.................
SUBTOTAL OPERATING 20,047,084 20,303,483
FORCES..................
MOBILIZATION
150 AIRLIFT OPERATIONS.......... 1,785,379 1,785,379
160 MOBILIZATION PREPAREDNESS... 154,049 154,049
170 DEPOT MAINTENANCE........... 1,477,396 1,477,396
180 FACILITIES SUSTAINMENT, 309,699 309,699
RESTORATION & MODERNIZATION
190 BASE SUPPORT................ 707,574 707,574
SUBTOTAL MOBILIZATION... 4,434,097 4,434,097
TRAINING AND RECRUITING
200 OFFICER ACQUISITION......... 115,427 115,427
210 RECRUIT TRAINING............ 17,619 17,619
220 RESERVE OFFICERS TRAINING 92,949 92,949
CORPS (ROTC)...............
230 FACILITIES SUSTAINMENT, 336,433 336,433
RESTORATION & MODERNIZATION
240 BASE SUPPORT................ 842,441 842,441
250 SPECIALIZED SKILL TRAINING.. 482,634 482,634
260 FLIGHT TRAINING............. 750,609 750,609
270 PROFESSIONAL DEVELOPMENT 235,114 235,114
EDUCATION..................
280 TRAINING SUPPORT............ 101,231 101,231
290 DEPOT MAINTENANCE........... 233,330 233,330
310 RECRUITING AND ADVERTISING.. 130,217 130,217
320 EXAMINING................... 2,738 2,738
330 OFF-DUTY AND VOLUNTARY 155,170 155,170
EDUCATION..................
340 CIVILIAN EDUCATION AND 175,147 175,147
TRAINING...................
350 JUNIOR ROTC................. 74,809 74,809
SUBTOTAL TRAINING AND 3,745,868 3,745,868
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
360 LOGISTICS OPERATIONS........ 1,029,734 1,029,734
370 TECHNICAL SUPPORT ACTIVITIES 913,843 913,843
390 FACILITIES SUSTAINMENT, 303,610 303,610
RESTORATION & MODERNIZATION
400 BASE SUPPORT................ 1,266,800 1,266,800
410 ADMINISTRATION.............. 587,654 587,654
420 SERVICEWIDE COMMUNICATIONS.. 667,910 667,910
430 OTHER SERVICEWIDE ACTIVITIES 1,094,509 1,094,509
440 CIVIL AIR PATROL............ 23,904 23,904
470 INTERNATIONAL SUPPORT....... 81,307 81,307
480 CLASSIFIED PROGRAMS......... 1,239,040 1,239,040
SUBTOTAL ADMIN & SRVWD 7,208,311 7,208,311
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
490 UNDISTRIBUTED ADJUSTMENTS... -32,000
Historical unobligated [-32,000]
balances................
SUBTOTAL UNDISTRIBUTED -32,000
ADJUSTMENTS.............
TOTAL OPERATION & 35,435,360 35,659,759
MAINTENANCE, AIR FORCE.
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF....... 485,708 485,708
020 SPECIAL OPERATIONS COMMAND.. 5,091,001
Transfer from line 025.. [5,091,001]
025 CLASSIFIED PROGRAMS......... 5,091,001 0
Transfer to Line 020.... [-5,091,001]
SUBTOTAL OPERATING 5,576,709 5,576,709
FORCES..................
TRAINING AND RECRUITING
030 DEFENSE ACQUISITION 147,210 147,210
UNIVERSITY.................
040 NATIONAL DEFENSE UNIVERSITY. 84,999 84,999
SUBTOTAL TRAINING AND 232,209 232,209
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
050 CIVIL MILITARY PROGRAMS..... 161,294 161,294
080 DEFENSE CONTRACT AUDIT 573,973 573,973
AGENCY.....................
090 DEFENSE CONTRACT MANAGEMENT 1,293,196 1,293,196
AGENCY.....................
100 DEFENSE FINANCE AND 17,513 17,513
ACCOUNTING SERVICE.........
110 DEFENSE HUMAN RESOURCES 676,186 676,186
ACTIVITY...................
120 DEFENSE INFORMATION SYSTEMS 1,346,847 1,346,847
AGENCY.....................
140 DEFENSE LEGAL SERVICES 35,137 35,137
AGENCY.....................
150 DEFENSE LOGISTICS AGENCY.... 431,893 431,893
160 DEFENSE MEDIA ACTIVITY...... 224,013 224,013
170 DEFENSE POW/MIA OFFICE...... 21,964 21,964
180 DEFENSE SECURITY COOPERATION 557,917 557,917
AGENCY.....................
190 DEFENSE SECURITY SERVICE.... 506,662
Transfer from Line 280.. [506,662]
200 DEFENSE TECHNOLOGY SECURITY 35,319 35,319
ADMINISTRATION.............
210 DEFENSE THREAT REDUCTION 443,382
AGENCY.....................
Transfer from Line 280.. [443,382]
220 DEPARTMENT OF DEFENSE 2,744,971 2,744,971
EDUCATION ACTIVITY.........
230 MISSILE DEFENSE AGENCY...... 259,975 259,975
250 OFFICE OF ECONOMIC 253,437 253,437
ADJUSTMENT.................
260 OFFICE OF THE SECRETARY OF 2,095,362 2,105,362
DEFENSE....................
Office of Net Assessment [10,000]
270 WASHINGTON HEADQUARTERS 521,297 521,297
SERVICE....................
280 CLASSIFIED PROGRAMS......... 14,933,801 14,033,757
Additional ISR Support [50,000]
to Operation Observant
Compass.................
Transfer to Line 190.... [-506,662]
Transfer to Line 210.... [-443,382]
SUBTOTAL ADMIN & SRVWD 26,184,095 26,244,095
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
290 UNDISTRIBUTED ADJUSTMENTS... 35,000
DOD Impact Aid.......... [30,000]
Impact aid for children [5,000]
with severe disabilities
SUBTOTAL UNDISTRIBUTED 35,000
ADJUSTMENTS.............
TOTAL OPERATION & 31,993,013 32,088,013
MAINTENANCE, DEFENSE-
WIDE...................
OPERATION & MAINTENANCE,
ARMY RES
OPERATING FORCES
010 MANEUVER UNITS.............. 1,391 1,391
020 MODULAR SUPPORT BRIGADES.... 20,889 20,889
030 ECHELONS ABOVE BRIGADE...... 592,724 592,724
040 THEATER LEVEL ASSETS........ 114,983 114,983
050 LAND FORCES OPERATIONS 633,091 633,091
SUPPORT....................
060 AVIATION ASSETS............. 76,823 76,823
070 FORCE READINESS OPERATIONS 481,997 481,997
SUPPORT....................
080 LAND FORCES SYSTEMS 70,118 70,118
READINESS..................
090 LAND FORCES DEPOT 141,205 141,205
MAINTENANCE................
100 BASE OPERATIONS SUPPORT..... 561,878 561,878
110 FACILITIES SUSTAINMENT, 287,399 308,099
RESTORATION & MODERNIZATION
Restoration and [20,700]
Modernization of
Facilities..............
120 MANAGEMENT AND OPERATIONAL 52,431 52,431
HQ'S.......................
SUBTOTAL OPERATING 3,034,929 3,055,629
FORCES..................
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.. 12,995 12,995
150 ADMINISTRATION.............. 32,432 32,432
160 SERVICEWIDE COMMUNICATIONS.. 4,895 4,895
170 MANPOWER MANAGEMENT......... 16,074 11,574
Unjustified growth for [-4,500]
civilian personnel......
180 RECRUITING AND ADVERTISING.. 60,683 60,683
SUBTOTAL ADMIN & SRVWD 127,079 122,579
ACTIVITIES..............
TOTAL OPERATION & 3,162,008 3,178,208
MAINTENANCE, ARMY RES..
OPERATION & MAINTENANCE,
NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 616,776 616,776
OPERATIONS.................
020 INTERMEDIATE MAINTENANCE.... 15,076 15,076
030 AIR OPERATIONS AND SAFETY 1,479 1,479
SUPPORT....................
040 AIRCRAFT DEPOT MAINTENANCE.. 107,251 107,251
050 AIRCRAFT DEPOT OPERATIONS 355 355
SUPPORT....................
060 MISSION AND OTHER SHIP 82,186 82,186
OPERATIONS.................
070 SHIP OPERATIONS SUPPORT & 589 589
TRAINING...................
080 SHIP DEPOT MAINTENANCE...... 48,593 48,593
090 COMBAT COMMUNICATIONS....... 15,274 15,274
100 COMBAT SUPPORT FORCES....... 124,917 124,917
110 WEAPONS MAINTENANCE......... 1,978 1,978
120 ENTERPRISE INFORMATION...... 43,699 43,699
130 SUSTAINMENT, RESTORATION AND 60,646 60,646
MODERNIZATION..............
140 BASE OPERATING SUPPORT...... 105,227 105,227
SUBTOTAL OPERATING 1,224,046 1,224,046
FORCES..................
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION.............. 3,117 3,117
160 MILITARY MANPOWER AND 14,337 14,337
PERSONNEL MANAGEMENT.......
170 SERVICEWIDE COMMUNICATIONS.. 2,392 2,392
180 ACQUISITION AND PROGRAM 3,090 3,090
MANAGEMENT.................
SUBTOTAL ADMIN & SRVWD 22,936 22,936
ACTIVITIES..............
TOTAL OPERATION & 1,246,982 1,246,982
MAINTENANCE, NAVY RES..
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............ 89,690 89,690
020 DEPOT MAINTENANCE........... 16,735 16,735
030 SUSTAINMENT, RESTORATION AND 37,913 37,913
MODERNIZATION..............
040 BASE OPERATING SUPPORT...... 103,746 103,746
SUBTOTAL OPERATING 248,084 248,084
FORCES..................
ADMIN & SRVWD ACTIVITIES
050 SERVICEWIDE TRANSPORTATION.. 873 873
060 ADMINISTRATION.............. 14,330 14,330
070 RECRUITING AND ADVERTISING.. 8,998 8,998
SUBTOTAL ADMIN & SRVWD 24,201 24,201
ACTIVITIES..............
TOTAL OPERATION & 272,285 272,285
MAINTENANCE, MC RESERVE
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....... 2,089,326 2,089,326
020 MISSION SUPPORT OPERATIONS.. 112,992 112,992
030 DEPOT MAINTENANCE........... 406,101 406,101
040 FACILITIES SUSTAINMENT, 71,564 78,264
RESTORATION & MODERNIZATION
Restoration and [6,700]
Modernization of
Facilities..............
050 BASE SUPPORT................ 364,862 364,862
SUBTOTAL OPERATING 3,044,845 3,051,545
FORCES..................
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION.............. 78,824 78,824
070 RECRUITING AND ADVERTISING.. 16,020 16,020
080 MILITARY MANPOWER AND PERS 19,496 19,496
MGMT (ARPC)................
090 OTHER PERS SUPPORT 6,489 6,489
(DISABILITY COMP)..........
100 AUDIOVISUAL................. 808 808
SUBTOTAL ADMIN & SRVWD 121,637 121,637
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
110 UNDISTRIBUTED ADJUSTMENTS... 33,900
Retain Air Force Reserve [33,900]
Force Structure.........
SUBTOTAL UNDISTRIBUTED 33,900
ADJUSTMENTS.............
TOTAL OPERATION & 3,166,482 3,207,082
MAINTENANCE, AF RESERVE
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010 MANEUVER UNITS.............. 680,206 680,206
020 MODULAR SUPPORT BRIGADES.... 186,408 186,408
030 ECHELONS ABOVE BRIGADE...... 865,628 865,628
040 THEATER LEVEL ASSETS........ 112,651 112,651
050 LAND FORCES OPERATIONS 36,091 36,091
SUPPORT....................
060 AVIATION ASSETS............. 907,011 907,011
070 FORCE READINESS OPERATIONS 751,606 751,606
SUPPORT....................
080 LAND FORCES SYSTEMS 60,043 60,043
READINESS..................
090 LAND FORCES DEPOT 411,940 411,940
MAINTENANCE................
100 BASE OPERATIONS SUPPORT..... 995,423 995,423
110 FACILITIES SUSTAINMENT, 688,189 737,589
RESTORATION & MODERNIZATION
Restoration and [49,400]
Modernization of
Facilities..............
120 MANAGEMENT AND OPERATIONAL 953,716 953,716
HQ'S.......................
SUBTOTAL OPERATING 6,648,912 6,698,312
FORCES..................
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION.. 11,806 11,806
140 REAL ESTATE MANAGEMENT...... 1,656 1,656
150 ADMINISTRATION.............. 89,358 89,358
160 SERVICEWIDE COMMUNICATIONS.. 39,513 39,513
170 MANPOWER MANAGEMENT......... 7,224 7,224
180 RECRUITING AND ADVERTISING.. 310,143 310,143
SUBTOTAL ADMIN & SRVWD 459,700 459,700
ACTIVITIES..............
TOTAL OPERATION & 7,108,612 7,158,012
MAINTENANCE, ARNG......
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS......... 3,559,824 3,559,824
020 MISSION SUPPORT OPERATIONS.. 721,225 721,225
030 DEPOT MAINTENANCE........... 774,875 774,875
040 FACILITIES SUSTAINMENT, 270,709 295,409
RESTORATION & MODERNIZATION
Restoration and [24,700]
Modernization of
Facilities..............
050 BASE SUPPORT................ 624,443 624,443
SUBTOTAL OPERATING 5,951,076 5,975,776
FORCES..................
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION.............. 32,358 32,358
070 RECRUITING AND ADVERTISING.. 32,021 32,021
SUBTOTAL ADMIN & SRVWD 64,379 64,379
ACTIVITIES..............
UNDISTRIBUTED ADJUSTMENTS
080 UNDISTRIBUTED ADJUSTMENTS... 145,400
Retain Air National [145,400]
Guard Force Structure...
SUBTOTAL UNDISTRIBUTED 145,400
ADJUSTMENTS.............
TOTAL OPERATION & 6,015,455 6,185,555
MAINTENANCE, ANG.......
MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
020 OVERSEAS HUMANITARIAN, 108,759 108,759
DISASTER AND CIVIC AID.....
030 COOPERATIVE THREAT REDUCTION 519,111 519,111
040 ACQ WORKFORCE DEV FD........ 274,198 274,198
050 ENVIRONMENTAL RESTORATION, 335,921 335,921
ARMY.......................
SUBTOTAL MISCELLANEOUS 1,237,989 1,237,989
APPROPRIATIONS..........
MISCELLANEOUS APPROPRIATIONS
060 ENVIRONMENTAL RESTORATION, 310,594 310,594
NAVY.......................
SUBTOTAL MISCELLANEOUS 310,594 310,594
APPROPRIATIONS..........
MISCELLANEOUS APPROPRIATIONS
070 ENVIRONMENTAL RESTORATION, 529,263 529,263
AIR FORCE..................
SUBTOTAL MISCELLANEOUS 529,263 529,263
APPROPRIATIONS..........
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 13,516 13,516
ARMED FORCES, DEFENSE......
080 ENVIRONMENTAL RESTORATION, 11,133 11,133
DEFENSE....................
SUBTOTAL MISCELLANEOUS 24,649 24,649
APPROPRIATIONS..........
MISCELLANEOUS APPROPRIATIONS
090 ENVIRONMENTAL RESTORATION 237,543 237,543
FORMERLY USED SITES........
SUBTOTAL MISCELLANEOUS 237,543 237,543
APPROPRIATIONS..........
TOTAL MISCELLANEOUS 2,340,038 2,340,038
APPROPRIATIONS.........
TOTAL OPERATION & 174,938,933 175,569,407
MAINTENANCE............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
040 THEATER LEVEL ASSETS........ 2,758,162 2,758,162
050 LAND FORCES OPERATIONS 991,396 991,396
SUPPORT....................
060 AVIATION ASSETS............. 40,300 40,300
070 FORCE READINESS OPERATIONS 1,755,445 1,755,445
SUPPORT....................
080 LAND FORCES SYSTEMS 307,244 307,244
READINESS..................
100 BASE OPERATIONS SUPPORT..... 393,165 393,165
110 FACILITIES SUSTAINMENT, 250,000 250,000
RESTORATION & MODERNIZATION
140 ADDITIONAL ACTIVITIES....... 12,524,137 12,514,137
Task Force for Stability [-10,000]
Operations: Operations/
Sustainment Request.....
150 COMMANDERS EMERGENCY 400,000 200,000
RESPONSE PROGRAM...........
Historical [-200,000]
underexecution..........
160 RESET....................... 3,687,973 3,687,973
SUBTOTAL OPERATING 23,107,822 22,897,822
FORCES..................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.. 3,238,310 3,238,310
360 CENTRAL SUPPLY ACTIVITIES... 129,000 129,000
380 AMMUNITION MANAGEMENT....... 78,022 78,022
420 OTHER PERSONNEL SUPPORT..... 137,277 97,277
Transfer to OPA OCO Line [-40,000]
061 at SOUTHCOM request.
430 OTHER SERVICE SUPPORT....... 72,293 72,293
490 CLASSIFIED PROGRAMS......... 1,828,717 1,828,717
SUBTOTAL ADMIN & SRVWIDE 5,483,619 5,443,619
ACTIVITIES..............
TOTAL OPERATION & 28,591,441 28,341,441
MAINTENANCE, ARMY......
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 937,098 937,098
OPERATIONS.................
030 AVIATION TECHNICAL DATA & 1,000 1,000
ENGINEERING SERVICES.......
040 AIR OPERATIONS AND SAFETY 15,794 15,794
SUPPORT....................
050 AIR SYSTEMS SUPPORT......... 19,013 19,013
060 AIRCRAFT DEPOT MAINTENANCE.. 201,912 201,912
070 AIRCRAFT DEPOT OPERATIONS 3,000 3,000
SUPPORT....................
080 AVIATION LOGISTICS.......... 44,150 44,150
090 MISSION AND OTHER SHIP 463,738 463,738
OPERATIONS.................
100 SHIP OPERATIONS SUPPORT & 24,774 24,774
TRAINING...................
110 SHIP DEPOT MAINTENANCE...... 1,310,010 1,310,010
130 COMBAT COMMUNICATIONS....... 42,965 42,965
160 WARFARE TACTICS............. 25,970 25,970
170 OPERATIONAL METEOROLOGY AND 19,226 19,226
OCEANOGRAPHY...............
180 COMBAT SUPPORT FORCES....... 1,668,359 1,668,359
190 EQUIPMENT MAINTENANCE....... 7,954 7,954
250 IN-SERVICE WEAPONS SYSTEMS 94,655 94,655
SUPPORT....................
260 WEAPONS MAINTENANCE......... 303,087 303,087
290 SUSTAINMENT, RESTORATION AND 3,218 3,218
MODERNIZATION..............
300 BASE OPERATING SUPPORT...... 143,442 143,442
SUBTOTAL OPERATING 5,329,365 5,329,365
FORCES..................
MOBILIZATION
340 EXPEDITIONARY HEALTH 31,395 31,395
SERVICES SYSTEMS...........
360 COAST GUARD SUPPORT......... 254,461 254,461
SUBTOTAL MOBILIZATION... 285,856 285,856
TRAINING AND RECRUITING
400 SPECIALIZED SKILL TRAINING.. 50,903 50,903
SUBTOTAL TRAINING AND 50,903 50,903
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION.............. 1,377 1,377
490 EXTERNAL RELATIONS.......... 487 487
510 MILITARY MANPOWER AND 6,022 6,022
PERSONNEL MANAGEMENT.......
520 OTHER PERSONNEL SUPPORT..... 3,514 3,514
550 SERVICEWIDE TRANSPORTATION.. 184,864 184,864
580 ACQUISITION AND PROGRAM 2,026 2,026
MANAGEMENT.................
620 NAVAL INVESTIGATIVE SERVICE. 1,425 1,425
710 CLASSIFIED PROGRAMS......... 14,556 14,556
SUBTOTAL ADMIN & SRVWD 214,271 214,271
ACTIVITIES..............
TOTAL OPERATION & 5,880,395 5,880,395
MAINTENANCE, NAVY......
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.......... 1,921,258 1,921,258
020 FIELD LOGISTICS............. 1,094,028 1,094,028
030 DEPOT MAINTENANCE........... 222,824 222,824
060 BASE OPERATING SUPPORT...... 88,690 88,690
SUBTOTAL OPERATING 3,326,800 3,326,800
FORCES..................
TRAINING AND RECRUITING
110 TRAINING SUPPORT............ 215,212 215,212
SUBTOTAL TRAINING AND 215,212 215,212
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.. 512,627 512,627
190 CLASSIFIED PROGRAMS......... 11,701 11,701
SUBTOTAL ADMIN & SRVWD 524,328 524,328
ACTIVITIES..............
TOTAL OPERATION & 4,066,340 4,066,340
MAINTENANCE, MARINE
CORPS..................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....... 1,494,144 1,494,144
020 COMBAT ENHANCEMENT FORCES... 809,531 809,531
030 AIR OPERATIONS TRAINING 13,095 13,095
(OJT, MAINTAIN SKILLS).....
040 DEPOT MAINTENANCE........... 1,403,238 1,403,238
050 FACILITIES SUSTAINMENT, 155,954 155,954
RESTORATION & MODERNIZATION
060 BASE SUPPORT................ 342,226 342,226
070 GLOBAL C3I AND EARLY WARNING 15,108 15,108
080 OTHER COMBAT OPS SPT 271,390 271,390
PROGRAMS...................
100 TACTICAL INTEL AND OTHER 25,400 25,400
SPECIAL ACTIVITIES.........
120 SPACE CONTROL SYSTEMS....... 5,110 5,110
130 COMBATANT COMMANDERS DIRECT 52,173 52,173
MISSION SUPPORT............
SUBTOTAL OPERATING 4,587,369 4,587,369
FORCES..................
MOBILIZATION
150 AIRLIFT OPERATIONS.......... 3,187,211 3,187,211
160 MOBILIZATION PREPAREDNESS... 43,509 43,509
170 DEPOT MAINTENANCE........... 554,943 554,943
180 FACILITIES SUSTAINMENT, 4,431 4,431
RESTORATION & MODERNIZATION
190 BASE SUPPORT................ 9,256 9,256
SUBTOTAL MOBILIZATION... 3,799,350 3,799,350
TRAINING AND RECRUITING
230 FACILITIES SUSTAINMENT, 424 424
RESTORATION & MODERNIZATION
240 BASE SUPPORT................ 1,036 1,036
250 SPECIALIZED SKILL TRAINING.. 10,923 10,923
260 FLIGHT TRAINING............. 72 72
270 PROFESSIONAL DEVELOPMENT 323 323
EDUCATION..................
280 TRAINING SUPPORT............ 352 352
SUBTOTAL TRAINING AND 13,130 13,130
RECRUITING..............
ADMIN & SRVWD ACTIVITIES
360 LOGISTICS OPERATIONS........ 100,429 100,429
390 FACILITIES SUSTAINMENT, 47,200 47,200
RESTORATION & MODERNIZATION
400 BASE SUPPORT................ 7,242 7,242
410 ADMINISTRATION.............. 1,552 1,552
420 SERVICEWIDE COMMUNICATIONS.. 82,094 82,094
430 OTHER SERVICEWIDE ACTIVITIES 582,977 582,977
480 CLASSIFIED PROGRAMS......... 20,270 20,270
SUBTOTAL ADMIN & SRVWD 841,764 841,764
ACTIVITIES..............
TOTAL OPERATION & 9,241,613 9,241,613
MAINTENANCE, AIR FORCE.
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF....... 2,000 2,000
020 SPECIAL OPERATIONS COMMAND.. 2,503,060 2,503,060
SUBTOTAL OPERATING 2,505,060 2,505,060
FORCES..................
ADMIN & SRVWD ACTIVITIES
080 DEFENSE CONTRACT AUDIT 30,674 30,674
AGENCY.....................
090 DEFENSE CONTRACT MANAGEMENT 69,803 69,803
AGENCY.....................
110 DEFENSE HUMAN RESOURCES 3,334 3,334
ACTIVITY...................
120 DEFENSE INFORMATION SYSTEMS 152,925 152,925
AGENCY.....................
140 DEFENSE LEGAL SERVICES 102,322 102,322
AGENCY.....................
160 DEFENSE MEDIA ACTIVITY...... 10,823 10,823
180 DEFENSE SECURITY COOPERATION 2,200,000 2,100,000
AGENCY.....................
Program Decrease-- [-100,000]
Coalition Support Funds.
220 DEPARTMENT OF DEFENSE 139,830 139,830
EDUCATION ACTIVITY.........
260 OFFICE OF THE SECRETARY OF 87,805 87,805
DEFENSE....................
280 CLASSIFIED PROGRAMS......... 2,522,003 2,522,003
SUBTOTAL ADMIN & SRVWD 5,319,519 5,219,519
ACTIVITIES..............
TOTAL OPERATION & 7,824,579 7,724,579
MAINTENANCE, DEFENSE-
WIDE...................
OPERATION & MAINTENANCE,
ARMY RES
OPERATING FORCES
030 ECHELONS ABOVE BRIGADE...... 78,600 78,600
050 LAND FORCES OPERATIONS 20,811 20,811
SUPPORT....................
070 FORCE READINESS OPERATIONS 20,726 20,726
SUPPORT....................
100 BASE OPERATIONS SUPPORT..... 34,400 34,400
SUBTOTAL OPERATING 154,537 154,537
FORCES..................
TOTAL OPERATION & 154,537 154,537
MAINTENANCE, ARMY RES..
OPERATION & MAINTENANCE,
NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 24,834 24,834
OPERATIONS.................
020 INTERMEDIATE MAINTENANCE.... 300 300
040 AIRCRAFT DEPOT MAINTENANCE.. 13,364 13,364
060 MISSION AND OTHER SHIP 8,213 8,213
OPERATIONS.................
080 SHIP DEPOT MAINTENANCE...... 929 929
100 COMBAT SUPPORT FORCES....... 8,244 8,244
140 BASE OPERATING SUPPORT...... 40 40
SUBTOTAL OPERATING 55,924 55,924
FORCES..................
TOTAL OPERATION & 55,924 55,924
MAINTENANCE, NAVY RES..
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............ 22,657 22,657
040 BASE OPERATING SUPPORT...... 2,820 2,820
SUBTOTAL OPERATING 25,477 25,477
FORCES..................
TOTAL OPERATION & 25,477 25,477
MAINTENANCE, MC RESERVE
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES....... 7,600 7,600
030 DEPOT MAINTENANCE........... 106,768 106,768
050 BASE SUPPORT................ 6,250 6,250
SUBTOTAL OPERATING 120,618 120,618
FORCES..................
TOTAL OPERATION & 120,618 120,618
MAINTENANCE, AF RESERVE
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010 MANEUVER UNITS.............. 38,485 38,485
020 MODULAR SUPPORT BRIGADES.... 1,959 1,959
030 ECHELONS ABOVE BRIGADE...... 20,076 20,076
040 THEATER LEVEL ASSETS........ 2,028 2,028
060 AVIATION ASSETS............. 183,811 183,811
070 FORCE READINESS OPERATIONS 43,780 43,780
SUPPORT....................
100 BASE OPERATIONS SUPPORT..... 70,237 70,237
120 MANAGEMENT AND OPERATIONAL 20,072 20,072
HQ'S.......................
SUBTOTAL OPERATING 380,448 380,448
FORCES..................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE COMMUNICATIONS.. 2,000 2,000
SUBTOTAL ADMIN & SRVWD 2,000 2,000
ACTIVITIES..............
TOTAL OPERATION & 382,448 382,448
MAINTENANCE, ARNG......
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.. 19,975 19,975
SUBTOTAL OPERATING 19,975 19,975
FORCES..................
TOTAL OPERATION & 19,975 19,975
MAINTENANCE, ANG.......
AFGHANISTAN SECURITY FORCES
FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT................. 2,523,825 2,523,825
020 INFRASTRUCTURE.............. 190,000 190,000
030 EQUIPMENT AND TRANSPORTATION 241,521 241,521
040 TRAINING AND OPERATIONS..... 758,380 758,380
SUBTOTAL MINISTRY OF 3,713,726 3,713,726
DEFENSE.................
MINISTRY OF INTERIOR
050 SUSTAINMENT................. 1,305,950 1,305,950
060 INFRASTRUCTURE.............. 50,000 50,000
070 EQUIPMENT AND TRANSPORTATION 84,859 84,859
080 TRAINING AND OPERATIONS..... 569,868 569,868
SUBTOTAL MINISTRY OF 2,010,677 2,010,677
INTERIOR................
RELATED ACTIVITIES
090 SUSTAINMENT................. 18,325 18,325
100 INFRASTRUCTUE............... 1,200 1,200
110 EQUIPMENT & TRANSPORTATION.. 1,239 1,239
120 TRAINING AND OPERATIONS..... 4,000 4,000
SUBTOTAL RELATED 24,764 24,764
ACTIVITIES..............
TOTAL AFGHANISTAN 5,749,167 5,749,167
SECURITY FORCES FUND...
AFGHANISTAN INFRASTRUCTURE
FUND
AFGHANISTAN INFRASTRUCTURE
FUND
010 POWER....................... 400,000 350,000
Program Decrease........ [-50,000]
SUBTOTAL AFGHANISTAN 400,000 350,000
INFRASTRUCTURE FUND.....
TOTAL AFGHANISTAN 400,000 350,000
INFRASTRUCTURE FUND....
TOTAL OPERATION & 62,512,514 62,112,514
MAINTENANCE............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.................... 135,111,799 135,777,368
USMC military personnel in lieu [129,729]
of LAV funding...................
Retain Global Hawk............... [22,000]
Restore accrual payments to the [672,000]
Medicare eligible health care
trust fund.......................
Unobligated balances............. [-295,250]
Basic allowance for housing for [6,000]
members of the National Guard
(Section 603)....................
Retain 128 Air National Guard [8,300]
AGRs for two air sovereignty
alert locations..................
Retain Air National Guard Force [86,600]
Structure........................
Retain Air Force Reserve Force [17,100]
Structure........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.................... 14,060,094 14,055,094
Navy identified excess to [-5,000]
requirement......................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS...... 60,037 60,037
TOTAL WORKING CAPITAL FUND, ARMY... 60,037 60,037
WORKING CAPITAL FUND, AIR FORCE
CONTAINER DECONSOLIDATION
SUPPLIES AND MATERIALS (MEDICAL/ 45,452 45,452
DENTAL)..............................
TOTAL WORKING CAPITAL FUND, AIR 45,452 45,452
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)........ 39,135 39,135
TOTAL WORKING CAPITAL FUND, DEFENSE- 39,135 39,135
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 1,371,560 1,371,560
TOTAL WORKING CAPITAL FUND, DECA... 1,371,560 1,371,560
NATIONAL DEFENSE SEALIFT FUND
T-AKE
MPF MLP............................... 38,000 38,000
POST DELIVERY AND OUTFITTING.......... 39,386 39,386
NATIONAL DEF SEALIFT VESSEL
LG MED SPD RO/RO MAINTENANCE.......... 128,819 128,819
DOD MOBILIZATION ALTERATIONS.......... 26,598 26,598
TAH MAINTENANCE....................... 29,199 29,199
RESEARCH AND DEVELOPMENT.............. 42,811 42,811
READY RESERVE FORCE................... 303,323 303,323
TOTAL NATIONAL DEFENSE SEALIFT FUND 608,136 608,136
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 8,625,507 8,625,507
PRIVATE SECTOR CARE................... 16,148,263 15,788,263
Pilot program for treatment of [40,000]
Autism...........................
TRICARE historical underexecution [-400,000]
CONSOLIDATED HEALTH SUPPORT........... 2,309,185 2,309,185
INFORMATION MANAGEMENT................ 1,465,328 1,465,328
MANAGEMENT ACTIVITIES................. 332,121 332,121
EDUCATION AND TRAINING................ 722,081 722,081
BASE OPERATIONS/COMMUNICATIONS........ 1,746,794 1,746,794
UNDISTRIBUTED, OPERATION & MAINTENANCE 452,000
Restore estimated savings in [273,000]
TRICARE Prime and Standard
enrollment fees and deductables
for TRICARE Standard.............
Restore pharmacy co-pay estimated [179,000]
savings..........................
RDT&E................................. 672,977 672,977
PROCUREMENT........................... 506,462 506,462
TOTAL DEFENSE HEALTH PROGRAM....... 32,528,718 32,620,718
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 635,843 635,843
RDT&E................................. 647,351 647,351
PROCUREMENT........................... 18,592 18,592
TOTAL CHEM AGENTS & MUNITIONS 1,301,786 1,301,786
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 889,545 889,545
ACTIVITIES, DEFENSE..................
DRUG DEMAND REDUCTION PROGRAM......... 109,818 135,718
Authorization increase expanded [25,900]
drug testing.....................
TOTAL DRUG INTERDICTION & CTR-DRUG 999,363 1,025,263
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE............... 272,821 331,921
DoD IG growth plan............... [59,100]
RDT&E
PROCUREMENT........................... 1,000 1,000
TOTAL OFFICE OF THE INSPECTOR 273,821 332,921
GENERAL............................
TOTAL OTHER AUTHORIZATIONS......... 37,228,008 37,405,008
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS...... 42,600 42,600
TOTAL WORKING CAPITAL FUND, ARMY... 42,600 42,600
WORKING CAPITAL FUND, AIR FORCE
C-17 CLS ENGINE REPAIR................ 230,400 230,400
TRANSPORTATION FALLEN HEROES.......... 10,000 10,000
TOTAL WORKING CAPITAL FUND, AIR 240,400 240,400
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)........ 220,364 220,364
TOTAL WORKING CAPITAL FUND, DEFENSE- 220,364 220,364
WIDE...............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 483,326 483,326
PRIVATE SECTOR CARE................... 376,982 376,982
CONSOLIDATED HEALTH SUPPORT........... 111,675 111,675
INFORMATION MANAGEMENT................ 4,773 4,773
MANAGEMENT ACTIVITIES................. 660 660
EDUCATION AND TRAINING................ 15,370 15,370
BASE OPERATIONS/COMMUNICATIONS........ 1,112 1,112
TOTAL DEFENSE HEALTH PROGRAM....... 993,898 993,898
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 469,025 469,025
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 469,025 469,025
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE............... 10,766 10,766
TOTAL OFFICE OF THE INSPECTOR 10,766 10,766
GENERAL............................
TOTAL OTHER AUTHORIZATIONS......... 1,977,053 1,977,053
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2013 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Modified Record Fire Range. 10,400 10,400
Army Joint Base Elmendorf- Modified Record Fire Range. 7,900 7,900
Richardson
California
Army Concord Engineering/Housing 3,100 3,100
Maintenance Shop.
Army Concord Lightning Protection System 5,800 5,800
Colorado
Army Fort Carson Central Energy Plant....... 0 0
Army Fort Carson Digital Multipurpose 18,000 18,000
Training Range.
District of Columbia
Army Fort Mcnair Vehicle Storage Building, 7,200 7,200
Installation.
Georgia
Army Fort Benning Ground Source Heat Transfer 16,000 16,000
System.
Army Fort Gordon Ground Source Heat Transfer 12,200 12,200
System.
Army Fort Gordon Modified Record Fire Range. 4,000 4,000
Army Fort Gordon Multipurpose Machine Gun 7,100 7,100
Range.
Army Fort Stewart Automated Combat Pistol 3,650 3,650
Qual Crse.
Army Fort Stewart Digital Multipurpose 22,000 22,000
Training Range.
Army Fort Stewart Unmanned Aerial Vehicle 24,000 24,000
Complex.
Hawaii
Army Pohakuloa Training Automated Infantry Platoon 29,000 29,000
Area Battle Course.
Army Schofield Barracks Barracks................... 55,000 55,000
Army Schofield Barracks Barracks................... 41,000 41,000
Army Wheeler Army Air Field Combat Aviation Brigade 85,000 85,000
Barracks.
Italy
Army Camp Ederle Barracks................... 36,000 36,000
Army Vicenza Simulations Center......... 32,000 32,000
Japan
Army Okinawa Satellite Communications 78,000 78,000
Facility.
Army Sagami Vehicle Maintenance Shop... 18,000 18,000
Kansas
Army Fort Riley Unmanned Aerial Vehicle 12,200 12,200
Complex.
Kentucky
Army Fort Campbell Battalion Headquarters 55,000 55,000
Complex.
Army Fort Campbell Live Fire Exercise 3,800 3,800
Shoothouse.
Army Fort Campbell Unmanned Aerial Vehicle 23,000 23,000
Complex.
Army Fort Knox Automated Infantry Squad 6,000 6,000
Battle Course.
Korea
Army Camp Humphreys Battalion Headquarters 45,000 45,000
Complex.
Kwajalein Atoll
Army Kwajalein Atoll Pier....................... 0 0
Missouri
Army Fort Leonard Wood Battalion Complex 26,000 26,000
Facilities.
Army Fort Leonard Wood Trainee Barracks Complex 3, 58,000 58,000
Ph 2.
Army Fort Leonard Wood Vehicle Maintenance Shop... 39,000 39,000
New Jersey
Army Joint Base Mcguire-Dix- Flight Equipment Complex... 47,000 47,000
Lakehurst
Army Picatinny Arsenal Ballistic Evaluation Center 10,200 10,200
New York
Army Fort Drum, New York Aircraft Maintenance Hangar 95,000 95,000
Army U.S. Military Academy Cadet Barracks, Inc 1...... 192,000 86,000
North Carolina
Army Fort Bragg Aerial Gunnery Range....... 42,000 42,000
Army Fort Bragg Infrastructure............. 30,000 0
Army Fort Bragg Unmanned Aerial Vehicle 26,000 26,000
Complex.
Oklahoma
Army Fort Sill Modified Record Fire Range. 4,900 4,900
South Carolina
Army Fort Jackson Trainee Barracks Complex 2, 24,000 24,000
Ph 2.
Texas
Army Corpus Christi Aircraft Component 13,200 13,200
Maintenance Shop.
Army Corpus Christi Aircraft Paint Shop........ 24,000 24,000
Army Fort Bliss Multipurpose Machine Gun 7,200 7,200
Range.
Army Fort Hood Modified Record Fire Range. 4,200 4,200
Army Fort Hood Training Aids Center....... 25,000 25,000
Army Fort Hood Unmanned Aerial Vehicle 22,000 22,000
Complex.
Army Joint Base San Antonio Barracks................... 21,000 21,000
Virginia
Army Arlington Cemetery Expansion 84,000 0
Millennium Site.
Army Fort Belvoir Secure Admin/Operations 94,000 94,000
Facility.
Army Fort Lee Adv Individual Training 81,000 81,000
Barracks Cplx, Ph2.
Washington
Army Joint Base Lewis- Battalion Complex.......... 73,000 73,000
Mcchord
Army Joint Base Lewis- Waste Water Treatment Plant 91,000 91,000
Mcchord
Army Yakima Convoy Live Fire Range..... 5,100 5,100
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support Fy 13.. 34,000 34,000
Locations
Army Unspecified Worldwide Minor Construction Fy 13... 25,000 25,000
Locations
Army Unspecified Worldwide Planning and Design Fy13... 65,173 46,173
Locations
........................
Total Military Construction, Army 1,923,323 1,684,323
......................
Arizona
Navy Yuma Combat Aircraft Loading 15,985 15,985
Apron.
Navy Yuma Security Operations Complex 13,300 13,300
Bahrain Island
Navy Sw Asia Combined Dining Facility... 9,819 9,819
Navy Sw Asia Transient Quarters......... 41,529 41,529
California
Navy Camp Pendleton Comm. Information Systems 78,897 78,897
Ops Complex.
Navy Camp Pendleton Mv22 Aviation Simulator 4,139 4,139
Building.
Navy Camp Pendleton San Jacinto Road Extension. 5,074 5,074
Navy Coronado Bachelor Quarters.......... 76,063 76,063
Navy Coronado H-60s Simulator Training 2,478 2,478
Facility.
Navy Lemoore Bams Maintenance Training 14,843 0
Facility.
Navy Miramar Hangar 5 Renovations & 27,897 27,897
Addition.
Navy Point Mugu Bams Maintenance Training 0 12,790
Facility.
Navy San Diego Entry Control Point (Gate 11,752 11,752
Five).
Navy San Diego Lcs Training Facility...... 59,436 59,436
Navy Seal Beach Strategic Systems Weapons 30,594 30,594
Eval. Test Lab.
Navy Twentynine Palms Land Expansion Phase 2..... 47,270 47,270
Diego Garcia
Navy Diego Garcia Communications 1,691 1,691
Infrastructure.
Djibouti
Navy Camp Lemonnier Containerized Living and 7,510 0
Work Units.
Navy Camp Lemonnier Fitness Center............. 26,960 0
Navy Camp Lemonnier Galley Addition and 22,220 0
Warehouse.
Navy Camp Lemonnier Joint HQ/Joint Operations 42,730 0
Center Facility.
Florida
Navy Jacksonville Bams Mission Control 21,980 21,980
Complex.
Greece
Navy Souda Bay Aircraft Parking Apron 20,493 20,493
Expansion.
Navy Souda Bay Intermodal Access Road..... 4,630 4,630
Guam
Navy Joint Region Marianas North Ramp Parking 25,904 25,904
(Andersen AFB)--Inc 2.
Hawaii
Navy Kaneohe Bay Aircraft Staging Area...... 14,680 14,680
Navy Kaneohe Bay Mv-22 Hangar and 82,630 82,630
Infrastructure.
Japan
Navy Iwakuni Maintenance Hangar 5,722 5,722
Improvements.
Navy Iwakuni Vertical Take-Off and 7,416 7,416
Landing Pad North.
Navy Okinawa Bachelor Quarters.......... 8,206 8,206
Mississippi
Navy Meridian Dining Facility............ 10,926 10,926
New Jersey
Navy Earle Combat System Engineering 33,498 32,670
Building Addition.
North Carolina
Navy Camp Lejeune Base Access and Road--Phase 40,904 40,904
3.
Navy Camp Lejeune Staff Nco Academy 28,986 28,986
Facilities.
Navy Cherry Point Marine Armory..................... 11,581 11,581
Corps Air Station
Navy Cherry Point Marine Marine Air Support Squadron 34,310 34,310
Corps Air Station Compound.
Navy New River Personnel Administration 8,525 8,525
Center.
Romania
Navy Deveselu, Romania Aegis Ashore Missile 45,205 45,205
Defense Complex.
South Carolina
Navy Beaufort Aircraft Maintenance Hangar 42,010 42,010
Navy Beaufort Airfield Security Upgrades. 13,675 13,675
Navy Beaufort Ground Support Equipment 9,465 9,465
Shop.
Navy Beaufort Recycling/Hazardous Waste 3,743 3,743
Facility.
Navy Beaufort Simulated Lhd Flight Deck.. 12,887 12,887
Navy Parris Island Front Gate Atfp 10,135 10,135
Improvements.
Spain
Navy Rota General Purpose Warehouse.. 3,378 3,378
Navy Rota High Explosive Magazine.... 13,837 13,837
Virginia
Navy Dahlgren Cruiser/Destroyer Upgrade 16,494 16,494
Training Facility.
Navy Dahlgren Physical Fitness Center.... 11,734 11,734
Navy Oceana Naval Air A School Barracks......... 39,086 39,086
Station
Navy Portsmouth Drydock 8 Electrical 32,706 32,706
Distribution Upgrade.
Navy Quantico Infrastruture--Widen 14,826 14,826
Russell Road.
Navy Quantico The Basic School Student 31,012 31,012
Quarters--Phase 7.
Navy Quantico Weapons Training Battalion 12,876 12,876
Mess Hall.
Navy Yorktown Armory..................... 4,259 4,259
Navy Yorktown Bachelor Enlisted Quarters. 18,422 18,422
Navy Yorktown Motor Transportation 6,188 6,188
Facility.
Navy Yorktown Regimental Headquarters.... 11,015 11,015
Navy Yorktown Supply Warehouse Facility.. 8,939 8,939
Washington
Navy Kitsap Explosives Handling Wharf 280,041 254,241
#2 (Inc).
Navy Whidbey Island Ea-18g Flight Simulator 6,272 6,272
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Mcon Design Funds.......... 102,619 102,619
Locations
Navy Unspecified Worldwide Unspecified Minor 16,535 16,535
Locations Construction.
Navy Various Worldwide Bams Operational Facilities 34,048 34,048
Locations
........................
Total Military Construction, Navy 1,701,985 1,573,884
......................
Arkansas
AF Little Rock AFB C-130J Flight Simulator 4,178 4,178
Addition.
AF Little Rock AFB C-130J Fuel Systems 26,000 26,000
Maintenance Hangar.
Florida
AF Tyndall AFB F-22 Adal Hangar for Low 14,750 14,750
Observable/Composite.
Georgia
AF Fort Stewart, Georgia Air Support Operations 7,250 7,250
Center (ASOC).
AF Moody AFB HC-130J Simulator Facility. 8,500 8,500
Greenland
AF Thule Ab Consolidated Engineer Shop 0 0
and Supply Facility.
AF Thule Ab Dormitory (48 Pn).......... 24,500 24,500
Guam
AF Andersen AFB Fuel Systems Hangar........ 0 0
Italy
AF Aviano Ab F-16 Mission Training 9,400 9,400
Center.
Nebraska
AF Offutt AFB US STRATCOM Replacement 161,000 128,000
Facility, Incr 2.
New Mexico
AF Holloman AFB Mq-9 Maintenance Hangar.... 25,000 25,000
North Dakota
AF Minot AFB B-52 Add/Alter Munitions 4,600 4,600
Age Facility.
Texas
AF Joint Base San Antonio Dormitory (144 Rm)......... 18,000 18,000
Utah
AF Hill AFB F-35 Adal Building 118 for 4,000 4,000
Flight Simulator.
AF Hill AFB F-35 Adal Hangar 45w/AMU... 7,250 7,250
AF Hill AFB F-35 Modular Storage 2,280 2,280
Magazines.
Worldwide Unspecified
AF Lajes AFB Sanitary Sewer Lift/Pump 2,000 2,000
Station.
AF Rota Transient Aircraft Hangars. 15,032 0
AF Rota Transient Contingency 17,625 0
Dormitory--100 Rm.
AF Unspecified Worldwide Planning and Design........ 18,635 18,635
Locations
AF Various Worldwide Unspecified Minor 18,200 18,200
Locations Construction.
........................
Total Military Construction, Air Force 388,200 322,543
......................
Arizona
Def-Wide Marana SOF Parachute Training 6,477 6,477
Facility.
Def-Wide Yuma Truck Unload Facility...... 1,300 1,300
Belgium
Def-Wide Brussels NATO Headquarters Facility. 26,969 26,969
California
Def-Wide Coronado SOF Close Quarters Combat/ 13,969 13,969
Dynamic Shoot Fac.
Def-Wide Coronado SOF Indoor Dynamic Shooting 31,170 31,170
Facility.
Def-Wide Coronado SOF Mobile Comm Detachment 10,120 10,120
Support Facility.
Def-Wide Def Fuel Support Replace Fuel Pier.......... 91,563 91,563
Point--San Diego
Def-Wide Edwards Air Force Base Replace Fuel Storage....... 27,500 27,500
Def-Wide Twentynine Palms, Medical Clinic Replacement. 27,400 27,400
California
Colorado
Def-Wide Buckley Air Force Base Denver Power House......... 30,000 30,000
Def-Wide Fort Carson, Colorado SOF Battalion Operations 56,673 56,673
Complex.
Def-Wide Pikes Peak High Altitude Medical 3,600 3,600
Research Lab.
Delaware
Def-Wide Dover AFB Replace Truck Off-Load 2,000 2,000
Facility.
Florida
Def-Wide Eglin AFB SOF Avfid Ops and 41,695 41,695
Maintenance Facilities.
Def-Wide Hurlburt Field Construct Fuel Storage 16,000 16,000
Facility.
Def-Wide Macdill AFB SOF Joint Special Ops 34,409 34,409
University Fac (Jsou).
Germany
Def-Wide Rhine Ordnance Medical Center Replacement 127,000 127,000
Barracks Incr 2.
Def-Wide Stuttgart-Patch DISA Europe Facility 2,413 2,413
Barracks Upgrades.
Def-Wide Vogelweh Replace Vogelweh Elementary 61,415 61,415
School.
Def-Wide Weisbaden Weisbaden High School 52,178 52,178
Addition.
Guam
Def-Wide Andersen AFB Upgrade Fuel Pipeline...... 67,500 67,500
Guantanamo Bay, Cuba
Def-Wide Guantanamo Bay Replace Fuel Pier.......... 37,600 37,600
Def-Wide Guantanamo Bay Replace Truck Load Facility 2,600 2,600
Hawaii
Def-Wide Joint Base Pearl SOF Sdvt-1 Waterfront 24,289 24,289
Harbor-Hickam Operations Facility.
Illinois
Def-Wide Great Lakes Drug Laboratory Replacement 28,700 28,700
Def-Wide Scott AFB DISA Facility Upgrades..... 84,111 84,111
Def-Wide Scott AFB Medical Logistics Warehouse 2,600 2,600
Indiana
Def-Wide Grissom ARB Replace Hydrant Fuel System 26,800 26,800
Japan
Def-Wide Camp Zama Renovate Zama High School.. 13,273 13,273
Def-Wide Kadena Ab Replace Elementary School.. 71,772 71,772
Def-Wide Kadena Ab Replace Stearley Heights 71,773 71,773
Elementary School.
Def-Wide Sasebo Replace Sasebo Elementary 35,733 35,733
School.
Def-Wide Zukeran Replace Zukeran Elementary 79,036 79,036
School.
Kentucky
Def-Wide Fort Campbell, Replace Barkley Elementary 41,767 41,767
Kentucky School.
Def-Wide Fort Campbell, SOF Ground Support 26,313 26,313
Kentucky Battalion.
Def-Wide Fort Campbell, SOF Landgraf Hangar 3,559 3,559
Kentucky Extension.
Korea
Def-Wide Kunsan Air Base Medical/Dental Clinic 13,000 13,000
Addition.
Def-Wide Osan AFB Hospital Addition/ 34,600 34,600
Alteration.
Def-Wide Osan AFB Replace Osan Elementary 42,692 42,692
School.
Louisiana
Def-Wide Barksdale AFB Upgrade Pumphouse.......... 11,700 11,700
Maryland
Def-Wide Annapolis Health Clinic Replacement.. 66,500 66,500
Def-Wide Bethesda Naval Base Installation Access./ 7,000 7,000
Hospital Appearance Plan.
Def-Wide Bethesda Naval Electrical Capacity and 35,600 35,600
Hospital Cooling Towers.
Def-Wide Bethesda Naval Temporary Medical 26,600 26,600
Hospital Facilities.
Def-Wide Fort Detrick USAMRIID Stage I, Incr 7... 19,000 19,000
Def-Wide Fort Meade High Performance Computing 300,521 225,521
Center Inc 2.
Def-Wide Fort Meade NSAW Recapitalize Building 25,000 25,000
#1/Site M Inc 1.
Missouri
Def-Wide Fort Leonard Wood Dental Clinic.............. 18,100 18,100
New Mexico
Def-Wide Cannon AFB Medical/Dental Clinic 71,023 71,023
Repalcement.
Def-Wide Cannon AFB SOF Ac-130J Combat Parking 22,062 22,062
Apron.
New York
Def-Wide Fort Drum, New York Idt Complex................ 25,900 25,900
Def-Wide Fort Drum, New York Soldier Specialty Care 17,300 17,300
Clinic.
North Carolina
Def-Wide Camp Lejeune, North Medical Clinic Replacement. 21,200 21,200
Carolina
Def-Wide Camp Lejeune, North SOF Marine Battalion 53,399 53,399
Carolina Company/Team Facilities.
Def-Wide Camp Lejeune, North SOF Survival Evasion 5,465 5,465
Carolina Resist. Escape Tng Fac.
Def-Wide Fort Bragg SOF Battalion Operations 40,481 70,481
Facility.
Def-Wide Fort Bragg SOF Civil Affairs Battalion 31,373 31,373
Complex.
Def-Wide Fort Bragg SOF Support Addition....... 3,875 3,875
Def-Wide Fort Bragg SOF Sustainment Brigade 24,693 24,693
Complex.
Def-Wide Seymour Johnson AFB Medical Clinic Replacement. 53,600 53,600
Def-Wide Seymour Johnson AFB Replace Pipeline........... 1,850 1,850
Pennsylvania
Def-Wide Def Distribution Depot Replace Communications 6,800 6,800
New Cumberland Building.
Def-Wide Def Distribution Depot Replace Reservoir.......... 4,300 4,300
New Cumberland
Def-Wide Def Distribution Depot Replace Sewage Treatment 6,300 6,300
New Cumberland Plant.
Romania
Def-Wide Deveselu, Romania Aegis Ashore Missile 157,900 120,000
Defense System Complex
(Inc 1).
South Carolina
Def-Wide Shaw AFB Medical Clinic Replacement. 57,200 57,200
Texas
Def-Wide Fort Bliss Hospital Replacement Incr 4 207,400 132,400
Def-Wide Joint Base San Antonio Ambulatory Care Center 80,700 26,400
Phase 3 Incr.
Def-Wide Red River Army Depot Dfas Facility.............. 16,715 16,715
United Kingdom
Def-Wide Menwith Hill Station Mhs Utilities and Roads.... 3,795 3,795
Def-Wide Menwith Hill Station Replace Menwith Hill 46,488 46,488
Elementary/High School.
Def-Wide Raf Feltwell Feltwell Elementary School 30,811 30,811
Addition.
Def-Wide Raf Mildenhall SOF CV-22 Simulator 6,490 6,490
Facility.
Utah
Def-Wide Camp Williams Ic Cnci Data Center 1 Inc 4 191,414 191,414
Virginia
Def-Wide Dam Neck SOF Magazines.............. 0 0
Def-Wide Joint Expeditionary SOF Combat Services Support 11,132 11,132
Base Little Creek-- Facility--East.
Story
Def-Wide Norfolk Veterinary Facility 8,500 8,500
Replacement.
Washington
Def-Wide Fort Lewis SOF Battalion Operations 46,553 46,553
Facility.
Def-Wide Fort Lewis SOF Military Working Dog 3,967 3,967
Kennel.
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related Minor 6,440 6,440
Locations Construction.
Def-Wide Unspecified Worldwide Minor Construction......... 5,000 5,000
Locations
Def-Wide Unspecified Worldwide Planning & Design.......... 5,000 5,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 105,700 105,700
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 47,978 47,978
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 7,928 7,928
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 105,569 105,569
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 2,919 2,919
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 8,300 8,300
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 27,620 27,620
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 4,548 4,548
Locations
Def-Wide Unspecified Worldwide SOF Operations and Skills 0 0
Locations Training Complex.
Def-Wide Unspecified Worldwide Unspecified Minor Const.... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 7,254 7,254
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 4,091 4,091
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 3,000 3,000
Locations
........................
Total Military Construction, Defense-Wide 3,654,623 3,432,423
......................
Colorado
Chem Demil Pueblo Depot Ammunition Demilitarization 36,000 36,000
Facility, Ph Xiv.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 115,000 115,000
Ph Xiii.
........................
Total Chemical Demilitarization Construction, Defense 151,000 151,000
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 254,163 254,163
Investment Program Program.
........................
Total NATO Security Investment Program 254,163 254,163
......................
Alabama
Army NG Fort MC Clellan Live Fire Shoot House...... 5,400 5,400
Arkansas
Army NG Searcy Field Maintenance Shop..... 6,800 6,800
California
Army NG Fort Irwin Maneuver Area Training & 25,000 25,000
Equipment Site Ph3.
Connecticut
Army NG Camp Hartell Combined Support 32,000 32,000
Maintenance Shop.
Delaware
Army NG Bethany Beach Regional Training Institute 5,500 5,500
Ph1.
Florida
Army NG Camp Blanding Combined Arms Collective 9,000 9,000
Training Fac.
Army NG Miramar Readiness Center........... 20,000 20,000
Guam
Army NG Barrigada JFHQ Ph4................... 8,500 8,500
Hawaii
Army NG Kapolei Army Aviation Support 28,000 28,000
Facility Ph1.
Idaho
Army NG Orchard Trainig Area Ortc(Barracks)Ph2.......... 40,000 40,000
Indiana
Army NG South Bend Armed Forces Reserve Center 21,000 21,000
Add/Alt.
Army NG Terre Haute Field Maintenance Shop..... 9,000 9,000
Iowa
Army NG Camp Dodge Urban Assault Course....... 3,000 3,000
Kansas
Army NG Topeka Taxiway, Ramp & Hangar 9,500 9,500
Alterations.
Kentucky
Army NG Frankfort Army Aviation Support 32,000 32,000
Facility.
Massachusetts
Army NG Camp Edwards Ground Water Extraction, 0 0
Treatment, and Recharge
System.
Army NG Camp Edwards Unit Training Equipment 22,000 22,000
Site.
Michigan
Army NG Camp Grayling Operational Readiness 0 0
Training Complex (Ortc)
Barracks.
Minnesota
Army NG Arden Hills Readiness Center........... 0 17,000
Army NG Camp Ripley Scout Reconnaisance Range.. 17,000 17,000
Army NG St Paul Readiness Center........... 17,000 0
Missouri
Army NG Fort Leonard Wood Regional Training Institute 18,000 18,000
Army NG Kansas City Readiness Center Add/Alt... 1,900 1,900
Army NG Monett Readiness Center Add/Alt... 820 820
Army NG Perryville Readiness Center Add/Alt... 700 700
Montana
Army NG Miles City Readiness Center........... 11,000 11,000
New Jersey
Army NG Sea Girt Regional Training Institute 34,000 34,000
New York
Army NG Stormville Combined Support Maint Shop 24,000 24,000
Ph1.
Ohio
Army NG Chillicothe Field Maintenance Shop Add/ 3,100 3,100
Alt.
Army NG Delaware Readiness Center........... 12,000 12,000
Oklahoma
Army NG Camp Gruber Operations Readiness 25,000 25,000
Training Complex.
Puerto Rico
Army NG Camp Santiago Readiness Center........... 3,800 3,800
Army NG Ceiba Refill Station Building.... 2,200 2,200
Army NG Guaynabo Readiness Center (JFHQ).... 15,000 15,000
Army NG Gurabo Readiness Center........... 14,700 14,700
Utah
Army NG Camp Williams BEQ Facility (Regional 15,000 15,000
Training Institute).
Army NG Camp Williams Regional Training Institute 21,000 21,000
Ph2.
Vermont
Army NG North Hyde Park Field Maintenance Shop..... 0 0
Washington
Army NG Fort Lewis Readiness Center........... 35,000 35,000
West Virginia
Army NG Logan Readiness Center........... 14,200 14,200
Wisconsin
Army NG Wausau Field Maintenance Shop..... 10,000 10,000
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 26,622 26,622
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,057 15,057
Locations Construction.
........................
Total Military Construction, Army National Guard 613,799 613,799
......................
California
Army Res Fort Hunter Liggett Access Control Point....... 0 0
Army Res Fort Hunter Liggett Ortc....................... 64,000 64,000
Army Res Fort Hunter Liggett Uph Barracks............... 4,300 4,300
Army Res Tustin Army Reserve Center........ 27,000 27,000
Illinois
Army Res Fort Sheridan Army Reserve Center........ 28,000 28,000
Maryland
Army Res Aberdeen Proving Army Reserve Center........ 21,000 21,000
Ground
Army Res Baltimore Add/Alt Army Reserve Center 10,000 10,000
Massachusetts
Army Res Devens Reserve Forces Automatic Record Fire Range 4,800 4,800
Training Area
Army Res Devens Reserve Forces Combat Pistol/MP Firearms 3,700 3,700
Training Area Qualification.
Nevada
Army Res Las Vegas Army Reserve Center/AMSA... 21,000 21,000
New Jersey
Army Res Joint Base Mcguire-Dix- Automated Infantry Squad 7,400 7,400
Lakehurst Battle Course.
Pennsylvania
Army Res Conneaut Lake Defense Access Road........ 0 0
Washington
Army Res Joint Base Lewis- Army Reserve Center........ 40,000 40,000
Mcchord
Wisconsin
Army Res Fort Mccoy Central Issue Facility..... 12,200 12,200
Army Res Fort Mccoy Dining Facility............ 8,600 8,600
Army Res Fort Mccoy Ecs Tactical Equip. Maint. 27,000 27,000
Facilty (Temf).
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 15,951 15,951
Locations
Army Res Unspecified Worldwide Unspecified Minor 10,895 10,895
Locations Construction.
........................
Total Military Construction, Army Reserve 305,846 305,846
......................
Arizona
N/MC Res Yuma Reserve Training Facility-- 5,379 5,379
Yuma AZ.
Iowa
N/MC Res Fort Des Moines Joint Reserve Center--Des 19,162 19,162
Moines IA.
Louisiana
N/MC Res New Orleans Transient Quarters......... 7,187 7,187
New York
N/MC Res Brooklyn Vehicle Maint. Fac.-- 4,430 4,430
Brooklyn NY.
Texas
N/MC Res Fort Worth Commercial Vehicle 11,256 11,256
Inspection Site.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 2,118 2,118
Locations
........................
Total Military Construction, Naval Reserve 49,532 49,532
......................
California
Air NG Fresno Yosemite IAP F-15 Conversion............ 11,000 11,000
ANG
Hawaii
Air NG Joint Base Pearl TFI--F-22 Combat Apron 6,500 6,500
Harbor-Hickam Addition.
New Mexico
Air NG Kirtland AFB Alter Target Intelligence 8,500 8,500
Facility.
Tennessee
Air NG Mcghee-Tyson Airport Dormitory Classroom 0 0
Facility.
Worldwide Unspecified
Air NG Various Worldwide Planning and Design........ 4,000 4,000
Locations
Air NG Various Worldwide Unspecified Minor 5,900 5,900
Locations Construction.
Wyoming
Air NG Cheyenne Map C-130 Flight Simulator 6,486 6,486
Training Facility.
........................
Total Military Construction, Air National Guard 42,386 42,386
......................
California
AF Res March Air Reserve Base Joint Regional Deployment 0 0
Processing Center.
New York
AF Res Niagara Falls IAP Flight Simulator Facility.. 6,100 6,100
Worldwide Unspecified
AF Res Various Worldwide Planning and Design........ 2,879 2,879
Locations
AF Res Various Worldwide Unspecified Minor 2,000 2,000
Locations Constrution.
........................
Total Military Construction, Air Force Reserve 10,979 10,979
......................
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P&d......... 4,641 4,641
Locations
........................
Total Family Housing Construction, Army 4,641 4,641
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings Account........ 31,785 31,785
Locations
FH Ops Army Unspecified Worldwide Leasing.................... 203,533 203,533
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real 109,534 109,534
Locations Property.
FH Ops Army Unspecified Worldwide Management Account......... 56,970 56,970
Locations
FH Ops Army Unspecified Worldwide Miscellaneous Account...... 620 620
Locations
FH Ops Army Unspecified Worldwide Privatization Support Costs 26,010 26,010
Locations
FH Ops Army Unspecified Worldwide Services Account........... 13,487 13,487
Locations
FH Ops Army Unspecified Worldwide Utilities Account.......... 88,112 88,112
Locations
........................
Total Family Housing Operation And Maintenance, Army 530,051 530,051
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Improvements............... 79,571 79,571
Locations
FH Con AF Unspecified Worldwide Planning and Design........ 4,253 4,253
Locations
........................
Total Family Housing Construction, Air Force 83,824 83,824
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account........ 37,878 37,878
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 46,127 46,127
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 62,730 62,730
Locations
FH Ops AF Unspecified Worldwide Maintenance (Rpma Rpmc).... 201,937 201,937
Locations
FH Ops AF Unspecified Worldwide Management Account......... 55,002 55,002
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account...... 1,943 1,943
Locations
FH Ops AF Unspecified Worldwide Services Account........... 16,550 16,550
Locations
FH Ops AF Unspecified Worldwide Utilities Account.......... 75,662 75,662
Locations
........................
Total Family Housing Operation And Maintenance, Air Force 497,829 497,829
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design..................... 4,527 4,527
Locations
FH Con Navy Unspecified Worldwide Improvements............... 97,655 97,655
Locations
........................
Total Family Housing Construction, Navy And Marine Corps 102,182 102,182
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account........ 17,697 17,697
Locations
FH Ops Navy Unspecified Worldwide Leasing.................... 83,774 83,774
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real 85,254 85,254
Locations Property.
FH Ops Navy Unspecified Worldwide Management Account......... 62,741 62,741
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous Account...... 491 491
Locations
FH Ops Navy Unspecified Worldwide Privatization Support Costs 27,798 27,798
Locations
FH Ops Navy Unspecified Worldwide Services Account........... 19,615 19,615
Locations
FH Ops Navy Unspecified Worldwide Utilities Account.......... 80,860 80,860
Locations
........................
Total Family Housing Operation And Maintenance, Navy And Marine Corps 378,230 378,230
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account........ 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 4,660 4,660
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 66 66
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 10,822 10,822
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 35,333 35,333
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real 73 73
Locations Property.
FH Ops DW Unspecified Worldwide Maintenance of Real 567 567
Locations Property.
FH Ops DW Unspecified Worldwide Management Account......... 371 371
Locations
FH Ops DW Unspecified Worldwide Services Account........... 31 31
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 12 12
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 283 283
Locations
........................
Total Family Housing Operation And Maintenance, Defense-Wide 52,238 52,238
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 1,786 1,786
Locations Fund.
........................
Total DOD Family Housing Improvement Fund 1,786 1,786
......................
Worldwide Unspecified
BRAC 05 Unspecified Worldwide Comm Add 3: Galena Fol, AK. 1,337 1,337
Locations
BRAC 05 Unspecified Worldwide Don-100: Planing, Design 5,038 5,038
Locations and Management.
BRAC 05 Unspecified Worldwide Don-101: Various Locations. 4,176 4,176
Locations
BRAC 05 Unspecified Worldwide Don-138: NAS Brunswick, ME. 4,897 4,897
Locations
BRAC 05 Unspecified Worldwide Don-157: Mcsa Kansas City, 39 39
Locations MO.
BRAC 05 Unspecified Worldwide Don-168: Ns Newport, RI.... 1,742 1,742
Locations
BRAC 05 Unspecified Worldwide Don-172: NWS Seal Beach, 2,129 2,129
Locations Concord, CA.
BRAC 05 Unspecified Worldwide Don-84: JRB Willow Grove & 189 189
Locations Cambria Reg Ap.
BRAC 05 Unspecified Worldwide Ind-106: Kansas Army 7,280 7,280
Locations Ammunition Plant, KS.
BRAC 05 Unspecified Worldwide Ind-110: Mississippi Army 160 160
Locations Ammo Plant, MS.
BRAC 05 Unspecified Worldwide Ind-112: River Bank Army 22,431 22,431
Locations Ammo Plant, CA.
BRAC 05 Unspecified Worldwide Ind-119: Newport Chemical 197 197
Locations Depot, IN.
BRAC 05 Unspecified Worldwide Ind-122: Lone Star Army 11,379 11,379
Locations Ammo Plant, TX.
BRAC 05 Unspecified Worldwide Med-2: Walter Reed Nmmc, 7,787 7,787
Locations Bethesda, MD.
BRAC 05 Unspecified Worldwide Med-57: Brooks City Base, 326 326
Locations TX.
BRAC 05 Unspecified Worldwide Program Management Various 605 605
Locations Locations.
BRAC 05 Unspecified Worldwide Program Management Various 20,453 20,453
Locations Locations.
BRAC 05 Unspecified Worldwide Usa-113: Fort Monroe, VA... 12,184 12,184
Locations
BRAC 05 Unspecified Worldwide Usa-121: Fort Gillem, GA... 4,976 4,976
Locations
BRAC 05 Unspecified Worldwide Usa-167: USAR Command and 175 175
Locations Control--NE.
BRAC 05 Unspecified Worldwide Usa-212: USAR Cmd & Cntrl-- 222 222
Locations New England.
BRAC 05 Unspecified Worldwide Usa-222: Fort Mcpherson, GA 6,772 6,772
Locations
BRAC 05 Unspecified Worldwide Usa-223: Fort Monmouth, NJ. 9,989 9,989
Locations
BRAC 05 Unspecified Worldwide Usa-236: Rc Transformation 557 557
Locations in CT.
BRAC 05 Unspecified Worldwide Usa-242: Rc Transformation 172 172
Locations in NY.
BRAC 05 Unspecified Worldwide Usa-253: Rc Transformation 100 100
Locations in PA.
BRAC 05 Unspecified Worldwide Usa-36: Red River Army 1,385 1,385
Locations Depot.
........................
Total Base Realignment and Closure Account 2005 126,697 126,697
......................
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure. 122,552 122,552
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure. 79,893 79,893
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure. 146,951 146,951
Closure, Navy
........................
Total Base Realignment and Closure Account 1990 349,396 349,396
......................
Worldwide Unspecified
PYS Unspecified Worldwide BRAC 2005.................. 0 -132,513
Locations
PYS Unspecified Worldwide Contingency Construction... 0 -20,000
Locations
........................
Total Prior Year Savings 0 -152,513
......................
Worldwide Unspecified
GR Unspecified Worldwide Civilian Pay Raise 0 -2,334
Locations Reduction.
........................
Total General Reductions 0 -2,334
......................
Total Military Construction, Base Funding 11,222,710 10,412,905
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 Conference
Service Country and Location Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Navy Sw Asia.......................... Combined Dining Facility.. 0 0
Navy Sw Asia.......................... Transient Quarters........ 0 0
Navy Camp Lemonier, Djibouti.......... Containerized Living and 0 7,510
Work Units.
Navy Camp Lemonier, Djibouti.......... Fitness Center............ 0 26,960
Navy Camp Lemonier, Djibouti.......... Galley Addition and 0 22,220
Warehouse.
Navy Camp Lemonier, Djibouti.......... Joint HQ/Joint Operations 0 42,730
Center Facility.
Total Military Construction, Navy 0 99,420
PYS Unspecified Worldwide Locations.. 112-10 and Title Iv of 0 -150,768
Division H P.l. 112-74.
Total Prior Year Savings 0 -150,768
Total Military Construction, OCO Funding 0 -51,348
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Electricity delivery and energy 6,000 0
reliability........................
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 7,577,341 7,657,921
Defense nuclear nonproliferation.. 2,458,631 2,485,631
Naval reactors.................... 1,088,635 1,088,635
Office of the administrator....... 411,279 382,000
Total, National nuclear security 11,535,886 11,614,187
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,472,001 5,009,001
Other defense activities.......... 735,702 731,299
Total, Environmental & other defense 6,207,703 5,740,300
activities.........................
Total, Atomic Energy Defense 17,743,589 17,354,487
Activities...........................
Total, Discretionary Funding.............. 17,749,589 17,354,487
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy
Reliability
Infrastructure security & energy 6,000 0
restoration..........................
Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program.......... 369,000 369,000
W76 Life extension program.......... 174,931 219,931
Total, Life extension programs........ 543,931 588,931
Stockpile assessment and design
W78 Life extension study............ 0
W88 Alt 370......................... 0
Total, Stockpile assessment and design 0 0
Stockpile systems
Stockpile systems................... 0
B61 Stockpile systems............... 72,364 72,364
W76 Stockpile systems............... 65,445 65,445
W78 Stockpile systems............... 139,207 139,207
W80 Stockpile systems............... 46,540 46,540
B83 Stockpile systems............... 57,947 57,947
W87 Stockpile systems............... 85,689 85,689
W88 Stockpile systems............... 123,217 123,217
Total, Stockpile systems.............. 590,409 590,409
Weapons dismantlement and disposition
Operations and maintenance.......... 51,265 51,265
Stockpile services
Production support.................. 365,405 371,405
Research and development support.... 28,103 28,103
R&D certification and safety........ 191,632 199,632
Management, technology, and 175,844 175,844
production.........................
Plutonium sustainment............... 141,685 141,685
Total, Stockpile services............. 902,669 916,669
Total, Directed stockpile work.......... 2,088,274 2,147,274
Campaigns:
Science campaign
Advanced certification.............. 44,104 54,104
Primary assessment technologies..... 94,000 99,000
Dynamic materials properties........ 97,000 106,000
Advanced radiography................ 30,000 30,000
Secondary assessment technologies... 85,000 85,000
Total, Science campaign............... 350,104 374,104
Engineering campaign
Enhanced surety..................... 46,421 54,421
Weapon systems engineering 18,983 18,983
assessment technology..............
Nuclear survivability............... 21,788 21,788
Enhanced surveillance............... 63,379 63,379
Total, Engineering campaign........... 150,571 158,571
Inertial confinement fusion ignition
and high yield campaign
Diagnostics, cryogenics and 81,942 81,942
experimental support...............
Ignition............................ 84,172 84,172
Support of other stockpile programs. 14,817 14,817
NIF diagnostics, cryogenics and 0 0
experimental support...............
Pulsed power inertial confinement 6,044 6,044
fusion.............................
------------------------------------------------------------------------
From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Howard P. ``Buck'' McKeon,
Roscoe G. Bartlett,
Mac Thornberry,
J. Randy Forbes,
Jeff Miller,
Joe Wilson,
Frank A. LoBiondo,
Michael R. Turner,
John Kline,
Mike Rogers,
Bill Shuster,
K. Michael Conaway,
Robert J. Wittman,
Duncan Hunter,
E. Scott Rigell,
Vicky Hartzler,
Allen B. West,
Martha Roby,
Adam Smith,
Mike McIntyre,
Robert E. Andrews,
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Madeleine Z. Bordallo,
Joe Courtney,
Niki Tsongas,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Mike Rogers,
C.A. Dutch Ruppersberger,
From the Committee on Education and the
Workforce, for consideration of secs. 541 and
561 of the House bill and secs. 563 and 571-73
of the Senate amendment, and modifications
committed to conference:
Thomas E. Petri,
Kristi L. Noem,
Robert C. ``Bobby'' Scott,
From the Committee on Energy and Commerce, for
consideration of secs. 312, 601, 727, 3111,
3113, 3114, 3117, 3118, 3132, 3133, 3151, and
3202 of the House bill and secs. 736, 758, 914,
3118, 3122, 3152-54, 3156, and 5022 of the
Senate amendment, and modifications committed
to conference:
Greg Walden,
Ed Whitfield,
Henry A. Waxman,
From the Committee on Financial Services, for
consideration of sec. 661 of the House bill and
secs. 651-55, subtitle E of title XII, and
title L of the Senate amendment, and
modifications committed to conference:
Shelley Moore Capito,
Bill Huizenga,
Ed Perlmutter,
From the Committee on Foreign Affairs, for
consideration of secs. 227, 230, 335, 355, 952,
1013, 1033, 1035, 1037, 1041, 1043, 1097, 1111,
1202, 1203, 1212, 1213, 1217, 1219, 1234, 1237,
1238, 1240, 1240A, 1240B, 1240C, 1243, 1245-47,
1301, 1303, 1531-33, title XVII, secs. 3120,
3121, and 3123 of the House bill and secs. 237,
342, 873, subtitle F of title VIII, secs. 1013,
1031, 1033, 1042, 1045, 1050, 1093, 1201-04,
1212-15, 1217, 1218, 1223, 1224, 1241, 1242,
1247, 1248, subtitle E of title XII, secs.
1301, 1531, 1532, 1534, 3114, and 5023 of the
Senate amendment, and modifications committed
to conference:
Ileana Ros-Lehtinen,
Edward R. Royce,
From the Committee on Homeland Security, for
consideration of sec. 1111 of the House bill
and sec. 1803 of the Senate amendment, and
modifications committed to conference:
Bennie G. Thompson,
From the Committee on the Judiciary, for
consideration of secs. 564, 593, 1033, 1084,
1088, 1099C, 1707, and 1709 of the House bill
and secs. 653, 736, 844, 844A, 897, 899, 1033,
1092, 1096, 1099C, 5021, 5024, subtitle E of
title XII, and title LI of the Senate
amendment, and modifications committed to
conference:
Lamar Smith,
Daniel E. Lungren,
John Conyers, Jr.,
From the Committee on Natural Resources, for
consideration of secs. 316, 317, 601, 2841,
2846, and 2861 of the House bill and secs. 271,
312, 1091, 1433, title XIX, and sec. 2842 of
the Senate amendment, and modifications
committed to conference:
Doc Hastings,
Rob Bishop,
From the Committee on Oversight and Government
Reform, for consideration of secs. 313, 651,
663, 801, 812, 833, 952, 1101-04, 1111, 1616,
1683, 1702, 1704-06, and 2811 of the House bill
and secs. 641, 822, 825, 844, 844A, 892, 894-
96, 903, 1099A, 1101-04, and subtitle B of
title LIII of the Senate amendment, and
modifications committed to conference:
Darrell E. Issa,
Tim Walberg,
From the Committee on Science, Space, and
Technology, for consideration of secs. 916,
1074, 1603, 1617, 1661, and 3158 of the House
bill and secs. 271, 912, 1046, title XVIII,
secs. 3153, 3159, and 3504 of the Senate
amendment, and modifications committed to
conference:
Ralph M. Hall,
Judy Biggert,
Eddie Bernice Johnson,
From the Committee on Small Business, for
consideration of secs. 1611, 1621-23, 1631,
1632, 1641, 1651-58, 1661, 1671-73, 1681-83,
1691, 1693a, 1695, and 1697 of the House bill
and secs. 848, 888, 889e, 1090, and 1089E of
the Senate amendment, and modifications
committed to conference:
Sam Graves,
Jaime Herrera Beutler,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 334,
535, 601, 704, 1074, 1078, 2801, and 3509 of
the House bill and secs. 521, 1803, 1804, 3503-
05, 3508 and 3509 of the Senate amendment, and
modifications committed to conference:
John L. Mica,
Howard Coble,
Timothy H. Bishop,
From the Committee on Veterans Affairs, for
consideration of secs. 355, 564, 565, 664, and
728 of the House bill and secs. 642, 755, 756,
759-64, 1044, 1087, 1090, 1097, 1099B, and
title L of the Senate amendment, and
modifications committed to conference:
Gus M. Bilirakis,
Doug Lamborn,
Michael H. Michaud,
Managers on the Part of the House.
Carl Levin,
Joseph I. Lieberman,
Jack Reed,
Daniel K. Akaka,
Ben Nelson,
Jim Webb,
Claire McCaskill,
Mark Udall,
Kay R. Hagan,
Mark Begich,
Joe Manchin III,
Jeanne Shaheen,
Kirsten E. Gillibrand,
Richard Blumenthal,
John McCain,
James M. Inhofe,
Jeff Sessions,
Saxby Chambliss,
Roger F. Wicker,
Scott P. Brown,
Rob Portman,
Kelly Ayotte,
Susan M. Collins,
Lindsey Graham,
John Cornyn,
David Vitter,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4310), 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, submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Compliance with rules of the House of Representatives and Senate
regarding earmarks and congressionally directed spending items
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives and Rule XLIV(3) of the Standing Rules
of the Senate, neither this conference report nor the
accompanying joint statement of managers contains any
congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits, as
defined in such rules.
Summary of discretionary authorizations and budget implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2013 was $631.6 billion. Of this amount, $525.3
billion was requested for base Department of Defense programs,
$88.5 billion was requested for overseas contingency
operations, and $17.8 billion was requested for national
security programs in the Department of Energy and the Defense
Nuclear Facilities Safety Board.
The conference agreement would authorize $633.3 billion
in fiscal year 2013, including $527.5 billion for base
Department of Defense programs, $88.5 billion for overseas
contingency operations, and $17.4 billion for national security
programs in the Department of Energy and the Defense Nuclear
Facilities Safety Board.
The following two tables summarize the discretionary
authorizations in the agreement and the equivalent budget
authority levels for fiscal year 2013 defense programs.
SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2013
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference
FY 2013 Request Conference Change Authorized
----------------------------------------------------------------------------------------------------------------
DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF
THE ARMED SERVICES COMMITTEE
Department of Defense Base Budget
Division A: Base Budget (Titles I, II, III, IV, XIV,
XVII)
Title I: PROCUREMENT
Aircraft Procurement, Army............................. 5,853,729 5,853,729
Missile Procurement, Army.............................. 1,302,689 50,000 1,352,689
Weapons & Tracked Combat Vehicles, Army................ 1,501,706 312,817 1,814,523
Procurement of Ammunition, Army........................ 1,739,706 -167,938 1,571,768
Other Procurement, Army................................ 6,326,245 -174,212 6,152,033
Joint Improvised Explosive Device Defeat Fund.......... 227,414 -227,414
Aircraft Procurement, Navy............................. 17,129,296 -1,833 17,127,463
Weapons Procurement, Navy.............................. 3,117,578 -5,521 3,112,057
Procurement of Ammunition, Navy & Marine Corps......... 759,539 678,679 14,258,524
Shipbuilding & Conversion, Navy........................ 13,579,845 -33,539 726,000
Other Procurement, Navy................................ 6,169,378 49,663 6,219,041
Procurement, Marine Corps.............................. 1,622,955 -140,874 1,482,081
Aircraft Procurement, Air Force........................ 11,002,999 276,600 11,279,599
Missile Procurement, Air Force......................... 5,491,846 599,194
Procurement of Ammunition, Air Force................... 599,194 -32,700 5,459,146
Other Procurement, Air Force........................... 16,720,848 28,200 16,749,048
Procurement, Defense-Wide.............................. 4,187,935 303,400 4,491,335
Joint Urgent Operational Needs Fund.................... 99,477 -99,477
National Guard and Reserve Equipment................... 150,000 150,000
Subtotal, PROCUREMENT.................................. 97,432,379 965,851 98,398,230
Title II: RESEARCH, DEVELOPMENT, TEST & EVALUATION
RDT&E, Army............................................ 8,929,415 -434,660 8,494,755
RDT&E, Navy............................................ 16,882,877 426,100 17,308,977
RDT&E, Air Force....................................... 25,428,046 -44,707 25,383,339
RDT&E, Defense-Wide.................................... 17,982,161 568,400 18,550,561
Operational Test & Evaluation, Defense................. 185,268 15,000 200,268
Subtotal, RESEARCH, DEVELOPMENT, TEST & EVALUATION..... 69,407,767 530,133 69,937,900
Title III: OPERATION AND MAINTENANCE
Operation & Maintenance, Army.......................... 36,608,592 -127,047 36,481,545
Operation & Maintenance, Navy.......................... 41,606,943 139,022 41,745,965
Operation & Maintenance, Marine Corps.................. 5,983,163 22,800 6,005,963
Operation & Maintenance, Air Force..................... 35,435,360 224,399 35,659,759
Operation & Maintenance, Defense-Wide.................. 31,993,013 95,000 32,088,013
Operation & Maintenance, Army Reserve.................. 3,162,008 16,200 3,178,208
Operation & Maintenance, Navy Reserve.................. 1,246,982 1,246,982
Operation & Maintenance, Marine Corps Reserve.......... 272,285 272,285
Operation & Maintenance, Air Force Reserve............. 3,166,482 40,600 3,207,082
Operation & Maintenance, Army National Guard........... 7,108,612 49,400 7,158,012
Operation & Maintenance, Air National Guard............ 6,015,455 170,100 6,185,555
Miscellaneous Appropriations........................... 2,340,038 2,340,038
Subtotal, OPERATION AND MAINTENANCE.................... 174,938,933 630,474 175,569,407
Title IV: MILITARY PERSONNEL........................... 135,111,799 646,479 135,758,278
Title XIV: OTHER AUTHORIZATIONS
Working Capital Fund, Army............................. 60,037 60,037
Working Capital Fund, Air Force........................ 45,452 45,452
Working Capital Fund, Defense-Wide..................... 39,135 39,135
Working Capital Fund, DECA............................. 1,371,560 1,371,560
National Defense Sealift Fund.......................... 608,136 608,136
Defense Health Program................................. 32,528,718 92,000 32,620,718
Chemical Agents & Munitions Destruction, Defense....... 1,301,786 1,301,786
Drug Interdiction & Counter-Drug Activities, Defense... 999,363 25,900 1,025,263
Office of the Inspector General........................ 273,821 59,100 332,921
Subtotal, OTHER AUTHORIZATIONS......................... 37,228,008 177,000 37,405,008
Subtotal, Division A Base Budget....................... 514,118,886 2,949,937 517,068,823
Division B: Military Construction Base Budget (Titles
XXI-XXVII)
Titles XXI-XXVI: MILITARY CONSTRUCTION
Military Construction, Army............................ 1,923,323 -239,000 1,684,323
Military Construction, Navy and Marine Corps........... 1,701,985 -128,101 1,573,884
Military Construction, Air Force....................... 388,200 -65,657 322,543
Military Construction, Defense-Wide.................... 3,654,623 -222,200 3,432,423
NATO Security Investment Program....................... 151,000 151,000
Military Construction, Army National Guard............. 254,163 254,163
Military Construction, Air National Guard.............. 613,799 613,799
Military Construction, Army Reserve.................... 305,846 305,846
Military Construction, Navy Reserve.................... 49,532 49,532
Military Construction, Air Force Reserve............... 42,386 42,386
Chemical Demilitarization Construction................. 10,979 10,979
Subtotal, MILITARY CONSTRUCTION........................ 9,095,836 -654,958 8,440,878
Titles XXI-XXVI: FAMILY HOUSING
Family Housing Construction, Army...................... 4,641 4,641
Family Housing O&M, Army............................... 530,051 530,051
Family Housing Construction, Navy and Marine Corps..... 102,182 102,182
Family Housing O&M, Navy and Marine Corps.............. 378,230 378,230
Family Housing Construction, Air Force................. 497,829 497,829
Family Housing O&M, Air Force.......................... 83,824 83,824
Family Housing O&M, Defense-Wide....................... 52,238 52,238
Family Housing Improvement Fund........................ 1,786 1,786
Subtotal, FAMILY HOUSING............................... 1,650,781 1,650,781
Title XXVII: BRAC
Defense Base Closure Account 1990...................... 349,396 349,396
Defense Base Closure Account 2005...................... 126,697 126,697
Subtotal, BRAC......................................... 476,093 476,093
Military Construction Undistributed Adjustments
General Reductions..................................... -2,334 -2,334
Prior Year Savings..................................... -152,513 -152,513
Subtotal, Military Construction Undistributed -154,847 -154,847
Adjustments...........................................
Total, Division B Base Budget.......................... 11,222,710 -809,805 10,412,905
Department of Defense Overseas Contingency Operations
(OCO) Budget
OCO Budget--Division A, Title XV
PROCUREMENT, OCO
Aircraft Procurement, Army............................. 486,200 486,200
Missile Procurement, Army.............................. 49,653 49,653
Weapons & Tracked Combat Vehicles, Army................ 15,422 15,422
Procurement of Ammunition, Army........................ 357,493 -19,000 338,493
Other Procurement, Army................................ 2,015,907 60,000 2,075,907
Joint Improvised Explosive Device Defeat Fund.......... 1,675,400 166,914 1,842,314
Aircraft Procurement, Navy............................. 164,582 164,582
Weapons Procurement, Navy.............................. 23,500 23,500
Procurement of Ammunition, Navy & Marine Corps......... 285,747 285,747
Other Procurement, Navy................................ 98,882 98,882
Procurement, Marine Corps.............................. 943,683 943,683
Aircraft Procurement, Air Force........................ 305,600 305,600
Procurement of Ammunition, Air Force................... 116,203 116,203
Missile Procurement, Air Force......................... 34,350 34,350
Other Procurement, Air Force........................... 2,818,270 2,818,270
Procurement, Defense-Wide.............................. 196,349 196,349
Joint Urgent Operational Needs Fund.................... 100,000 -100,000
National Guard and Reserve Equipment................... 350,000 350,000
Subtotal, PROCUREMENT, OCO............................. 9,687,241 457,914 10,145,155
RESEARCH, DEVELOPMENT, TEST & EVALUATION, OCO
RDT&E, Army............................................ 19,860 -5,000 14,860
RDT&E, Navy............................................ 60,119 60,119
RDT&E, Air Force....................................... 53,150 53,150
RDT&E, Defense-Wide.................................... 112,387 112,387
Subtotal, RDT&E, OCO................................... 245,516 -5,000 240,516
OPERATION AND MAINTENANCE, OCO
Operation & Maintenance, Army.......................... 28,591,441 -250,000 28,341,441
Operation & Maintenance, Navy.......................... 5,880,395 5,880,395
Operation & Maintenance, Marine Corps.................. 4,066,340 4,066,340
Operation & Maintenance, Air Force..................... 9,241,613 9,241,613
Operation & Maintenance, Defense-Wide.................. 7,824,579 -100,000 7,724,579
Operation & Maintenance, Army Reserve.................. 154,537 154,537
Operation & Maintenance, Navy Reserve.................. 55,924 55,924
Operation & Maintenance, Marine Corps Reserve.......... 25,477 25,477
Operation & Maintenance, Air Force Reserve............. 120,618 120,618
Operation & Maintenance, Army National Guard........... 382,448 382,448
Operation & Maintenance, Air National Guard............ 19,975 19,975
Afghanistan Security Forces Fund....................... 5,749,167 5,749,167
Afghanistan Infrastructure Fund........................ 400,000 -50,000 350,000
Subtotal, OPERATION AND MAINTENANCE, OCO............... 62,512,514 -400,000 62,112,514
MILITARY PERSONNEL, OCO................................ 14,060,094 -5,000 14,055,094
OTHER AUTHORIZATIONS, OCO
Working Capital Fund, Army............................. 42,600 42,600
Working Capital Fund, Air Force........................ 240,400 240,400
Working Capital Fund, Defense-Wide..................... 220,364 220,364
Defense Health Program................................. 993,898 993,898
Drug Interdiction & Counter-Drug Activities, Defense... 469,025 469,025
Office of the Inspector General........................ 10,766 10,766
Subtotal, OTHER AUTHORIZATIONS, OCO.................... 1,977,053 1,977,053
Subtotal, OCO Budget, Division A....................... 88,482,418 47,914 88,530,332
OCO Budget--Division B, Military Construction
MILITARY CONSTRUCTION, OCO
Military Construction, Navy............................ 99,420 99,420
Prior Year Savings..................................... -150,768 -150,768
Subtotal, MILITARY CONSTRUCTION, OCO................... -51,348 -51,348
Subtotal, OCO Budget, Division B....................... -51,348 -51,348
Subtotal OCO Budget, Divisions A and B................. 88,482,418 -3,434 88,478,984
Recapitulation, Base Budget............................ 525,341,596 2,140,132 527,481,728
Recapituation, OCO Budget.............................. 88,482,418 -3,434 88,478,984
TOTAL, DEPARTMENT OF DEFENSE (051)..................... 613,824,014 2,136,698 615,960,712
Division C: Department of Energy National Security and
Independent Federal Agency Authorizations
Department of Energy Authorizations
Electricity Delivery and Energy Reliability............ 6,000 -6,000
Title XXXI: NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities..................................... 7,577,341 80,580 7,657,921
Defense Nuclear Nonproliferation....................... 2,458,631 27,000 2,485,631
Naval Reactors......................................... 1,088,635 1,088,635
Office of the Administrator............................ 411,279 -29,279 382,000
Subtotal, NATIONAL NUCLEAR SECURITY ADMINISTRATION..... 11,535,886 78,301 11,614,187
Title XXXI: ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup.......................... 5,472,001 -463,000 5,009,001
Other Defense Activities............................... 735,702 -4,403 731,299
Subtotal, ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES... 6,207,703 -467,403 5,740,300
TOTAL, DEPARTMENT OF ENERGY............................ 17,749,589 -395,102 17,354,487
Independent Federal Agency Authorization
Title XXXII: DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Defense Nuclear Facilities Safety Board................ 29,415 29,415
TOTAL, DEFENSE NUCLEAR FACILITIES SAFETY BOARD......... 29,415 29,415
TOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053)............ 17,779,004 -395,102 17,383,902
GRAND TOTAL, NATIONAL DEFENSE (050).................... 631,603,018 1,741,596 633,344,614
MEMORANDUM: NON-DEFENSE AUTHORIZATIONS
Title XIV--Armed Forces Retirement Home (Function 600). 67,590 67,590
Title XXXIV--Naval Petroleum and Oil Shale Reserves 14,909 14,909
(Function 700)........................................
Title XXXV--Maritime Administration (Function 400)..... 146,298 146,298
MEMORANDUM: TRANSFER AUTHORITIES (NON-ADDS)
Title X--General Transfer Authority (non-add).......... [5,000,000] [4,000,000]
Title XV--Special Transfer Authority (non-add)......... [4,000,000] [3,000,000]
----------------------------------------------------------------------------------------------------------------
NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference
FY 2013 Request Conference Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Authorizations Within the Jurisdiction of
the Armed Services Committee
Recapitulation, Base Budget............................ 525,341,596 2,140,132 527,481,728
Recapituation, OCO Budget.............................. 88,482,418 -3,434 88,478,984
TOTAL, DEPARTMENT OF DEFENSE (051)..................... 613,824,014 2,136,698 615,960,712
TOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053)............ 17,779,004 -395,102 17,383,902
GRAND TOTAL, NATIONAL DEFENSE (050).................... 631,603,018 1,741,596 633,344,614
Defense Discretionary Programs Outside the Jurisdiction
of the Armed Services Committees or Already Authorized
Defense Production Act Purchases....................... 89,189 89,189
Indefinite Account: National Science Center, Army...... 25 25
Indefinite Account: Disposal Of DOD Real Property...... 7,855 7,855
Indefinite Account: Lease Of DOD Real Property......... 12,029 12,029
Subtotal, Budget Sub-Function 051...................... 109,098 109,098
Formerly Utilized Sites Remedial Action Program........ 104,000 104,000
Nuclear Energy......................................... 93,000 93,000
Subtotal, Budget Sub-Function 053...................... 197,000 197,000
Other Discretionary Programs........................... 7,168,000 7,168,000
Subtotal, Budget Sub-Function 054...................... 7,168,000 7,168,000
Total Defense Discretionary Adjustments (050).......... 7,474,098 7,474,098
Budget Authority Implication, National Defense
Discretionary
Department of Defense--Military (051).................. 613,933,112 2,136,698 616,069,810
Atomic Energy Defense Activities (053)................. 17,976,004 -395,102 17,580,902
Defense-Related Activities (054)....................... 7,168,000 7,168,000
Total BA Implication, National Defense Discretionary... 639,077,116 1,741,596 640,818,712
National Defense Mandatory Programs, Current Law (CBO
Estimates)
Concurrent receipt accrual payments to the Military 6,849,000 6,849,000
Retirement Fund.......................................
Revolving, trust and other DOD Mandatory............... 1,100,000 1,100,000
Offsetting receipts.................................... -1,794,000 -1,794,000
Net change of provisions in the FY 2013 NDAA........... -33,000 -33,000
Subtotal, Budget Sub-Function 051...................... 6,155,000 -33,000 6,122,000
Energy employees occupational illness compensation 1,165,000 1,165,000
programs and other....................................
Subtotal, Budget Sub-Function 053...................... 1,165,000 1,165,000
Radiation exposure compensation trust fund............. 57,000 57,000
Payment to CIA retirement fund and other............... 514,000 514,000
Subtotal, Budget Sub-Function 054...................... 571,000 571,000
Total National Defense Mandatory (050)................. 7,891,000 -33,000 7,858,000
Budget Authority Implication, National Defense
Discretionary and Mandatory
Department of Defense--Military (051).................. 620,088,112 2,136,698 622,191,810
Atomic Energy Defense Activities (053)................. 19,141,004 -395,102 18,745,902
Defense-Related Activities (054)....................... 7,739,000 7,739,000
Total BA Implication, National Defense Discretionary 646,968,116 1,708,596 648,676,712
and Mandatory.........................................
----------------------------------------------------------------------------------------------------------------
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Budget Items
M1 Abrams upgrade program
The budget request included $74.3 million in Weapons and
Tracked Combat Vehicles, Army (WTCV) for the M1 Abrams upgrade
program.
The House bill would authorize $255.4 million in WTCV for
the M1 Abrams upgrade program.
The Senate amendment would authorize $91.0 million in
WTCV for advanced procurement of long-lead items for M1 Abrams
upgrades.
The agreement authorizes $209.3 million in WTCV for the
M1 Abrams upgrade program.
The conferees remain concerned about risk in the current
and future tank industrial base and direct the Secretary of the
Army's attention to the views expressed in the House report to
accompany H.R. 4310 (H. Rpt. 112-479) and the Senate report to
accompany S. 3254 (S. Rpt. 112-173) of the National Defense
Authorization Act for Fiscal Year 2013.
SPIDERNET/Spectral Warrior hardware
The budget request included $49.3 million to purchase and
upgrade satellite communications systems for the Navy.
The Senate amendment would increase that line item by
$2.0 million to provide a cloud network for Spectral Warrior
terminals in support of requirements of the commanders of the
combatant commands.
The House bill would approve the budget request.
The conferees agree to recommend an additional $2.0
million for this program in section 4101 of this Act. The
conferees note that the Department of Defense requested a
transfer of funds of $2.0 million in March 2012 as an
additional authorization to initiate this new program.
AC-130 aircraft electro-optical and infrared sensors
The budget request included $20.3 million to purchase
various items of equipment to meet combat mission requirements
for U.S. Special Operations Command forces.
The Senate amendment would increase the authorization of
appropriations by $6.0 million to procure color electro-optical
and infrared imaging sensors for AC-130 aircraft used by U.S.
Special Operations Command forces in ongoing contingency
operations.
The House bill would approve the budget request.
The conferees agree to recommend an additional $6.0
million for this program in section 4101 of this Act. The
conferees note that the Department of Defense requested a
transfer of funds of $8.0 million in November 2012 as an
additional authorization to initiate this new program.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 101)
The House bill contained a provision (sec. 101)
authorizing appropriations for fiscal year 2013 for procurement
for the Army, the Navy and Marine Corps, the Air Force, and
Defense-Wide activities, as specified in the funding table in
section 4101.
The Senate amendment contained an identical provision
(sec. 101).
The conference agreement includes this provision.
Subtitle B--Army Programs
Multiyear procurement authority for Army CH-47 helicopters (sec. 111)
The House bill contained a provision (sec. 111) that
would grant the Secretary of the Army authority to enter into a
multiyear procurement contract in accordance with section 2306b
of title 10, United States Code, for up to 5 years for CH-47
helicopters.
The Senate amendment contained a similar provision (sec.
111).
The Senate recedes with a technical amendment.
Reports on airlift requirements of the Army (sec. 112)
The House bill contained a provision (sec. 112) that
would require the Secretary of the Army to submit annual
reports on the time-sensitive or mission-critical airlift
requirements of the Army, including an accounting of sorties
flown in support of these requirements during the previous
year. The first report would have been required on October 31,
2012. The requirement for the annual report would expire in
fiscal year 2017.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to change the due
date for the first report to March 31, 2013.
Subtitle C--Navy Programs
Extension of Ford class aircraft carrier construction authority (sec.
121)
The House bill contained a provision (sec. 122) that
would allow the Secretary of the Navy to buy all Ford-class
aircraft carriers over a 6 year period, rather than over a 5
year period as currently allowed.
The Senate amendment contained a similar provision (sec.
122) that would authorize the Secretary of the Navy to buy
Ford-class aircraft carriers designated CVN-79 and CVN-80 over
a 6 year period.
The Senate recedes.
Multiyear procurement authority for Virginia class submarine program
(sec. 122)
The House bill contained a provision (sec. 126) that
would authorize the Secretary of the Navy to buy not more than
10 Virginia-class submarines under a multiyear procurement
contract. The provision would also permit the Secretary to use
incremental funding in that multiyear contract.
The Senate amendment contained a similar provision (sec.
124) that would authorize the Secretary of the Navy to buy
Virginia-class submarines under a multiyear procurement
contract. The provision would also permit the Secretary to use
incremental funding for Virginia-class submarines to be
procured during fiscal years 2013 through 2018 if the
Secretary: (1) determines that such an approach would permit
the Navy to procure an additional Virginia-class submarine in
fiscal year 2014; and (2) intends to use the funding for that
purpose.
The House recedes.
Multiyear procurement authority for Arleigh Burke class destroyers and
associated systems (sec. 123)
The House bill contained a provision (sec. 125) that
would authorize the Secretary of the Navy to buy not more than
10 Arleigh Burke-class destroyers under a multiyear procurement
contract. The House provision did not specify which version of
Arleigh Burke-class destroyers would be authorized within that
authority.
Arleigh Burke-class destroyers under a multiyear
procurement contract. The House provision did not specify which
version of Arleigh Burke-class destroyers would be authorized
within that authority.
The Senate amendment contained a provision (sec. 125)
that would authorize the Secretary of the Navy to buy up to 10
Arleigh Burke-class Flight IIA destroyers under a multiyear
procurement contract.
The House recedes.
Limitation on availability of amounts for second Ford class aircraft
carrier (sec. 124)
The Senate amendment contained a provision (sec. 123)
that would limit fiscal year 2013 obligations for the Ford-
class aircraft carrier program to 50 percent of the amount in
the budget, pending submission of a report by the Secretary of
the Navy to the congressional defense committees setting forth
a description of the program management and cost control
measures that will be employed in constructing the second Ford-
class aircraft carrier.
The House bill contained no similar provision.
The House recedes.
Refueling and complex overhaul of the U.S.S. Abraham Lincoln (sec. 125)
The House bill contained a provision (sec. 127) that
would authorize the Secretary of the Navy to provide funding
for the refueling and complex overhaul (RCOH) of the U.S.S.
Abraham Lincoln incrementally over a 2 year period. The
provision would authorize $1,613.4 million for that purpose.
The Senate amendment contained a similar provision (sec.
121).
The House recedes with an amendment that would reduce the
authorized amount by $96.1 million.
Late this year, the Navy requested and was granted
authority to reprogram $96.1 million from other fiscal year
2012 programs to support the U.S.S. Abraham Lincoln RCOH. This
reduces the need to authorize the originally requested amount.
Designation of mission modules of the Littoral Combat Ship as a major
defense acquisition program (sec. 126)
The Senate amendment contained a provision (sec. 127)
that would require the Secretary of Defense to 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.
The House bill contained no similar provision.
The House recedes.
Report on Littoral Combat Ship designs (sec. 127)
The House bill contained a provision (sec. 128) that
would require the Secretary of the Navy to 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.
The Senate amendment contained no similar provision.
The Senate recedes.
Comptroller General review of Littoral Combat Ship program (sec. 128)
The House bill contained a provision (sec. 129) that
would require the Comptroller General of the United States to
conduct a review of the Littoral Combat Ship (LCS) program's
quality and a review of the U.S. Navy's operational and
sustainment support strategy for the program. In particular,
the provision would direct the Comptroller General to review
whether the Secretary of the Navy was complying with
regulations in accepting delivery of LCS vessels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
acceptance compliance review to LCS-1 and LCS-2, the two lead
ships in the program.
The conferees note the Navy Board of Inspection and
Survey released a July 2012 report regarding LCS ``Material
Condition and Maintainability.'' This report highlights
numerous sustainment issues that the conferees expect the
Navy's LCS Council to address. The conferees specifically note
concerns with training requirements, Title 10 compliance for
long-term maintenance requirements, potential operational
impediments, corrosion control challenges, and manning, among
other issues. The conferees also expect the Comptroller General
to address these shortfalls, in addition to any other
deficiencies he may find, and identify the steps the Navy is
taking to ensure success for the long-term sustainment of LCS.
Sense of Congress on importance of engineering in early stages of
shipbuilding (sec. 129)
The House bill contained a provision (sec. 130) that
would state the sense of Congress about the importance of
prioritizing early engineering in large ship construction. The
provision would also encourage the Secretary of the Navy to do
so.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on nuclear-powered ballistic submarines (sec. 130)
The House bill contained a provision (sec. 121) that
would require the Secretary of the Navy to maintain a minimum
of 12 ballistic missile submarines in the fleet.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that is a sense of
Congress stating the importance of maintaining a 12 ballistic
missile submarine fleet.
Sense of Congress on Marine Corps amphibious lift and presence
requirements (sec. 131)
The House bill contained a provision (sec. 131) that
would state 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 Department of the Navy should carefully evaluate
amphibious lift capabilities to meet current and projected
requirements;
(3) the Department of 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.
The Senate amendment contained a similar provision (sec.
130).
The House recedes.
Sense of the Senate on Department of the Navy fiscal year 2014 budget
request for tactical aviation aircraft (sec. 132)
The Senate amendment contained a provision (sec. 131)
that would express 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 6 F-35B aircraft and 4 F-35C
aircraft, presuming that development, testing, and production
of the F-35 aircraft are proceeding according to current plans.
The House bill contained no similar provision.
The House recedes.
Subtitle D--Air Force Programs
Reduction in number of aircraft required to be maintained in strategic
airlift aircraft inventory (sec. 141)
The House bill contained a provision (sec. 142) that
would require the Commander, U.S. Transportation Command, to
submit a report assessing the operational risk for meeting the
geographical combatant commanders' airlift requirements with a
fleet of less than 301 inter-theater airlift aircraft. The
House bill would not allow retirements that would result in a
strategic airlift force of fewer than 301 aircraft.
The Senate amendment contained a provision (sec. 141)
that would permit the Air Force to reduce the number of
strategic airlift aircraft in its inventory from 301 aircraft
to 275 aircraft. It would require that the Secretary of the Air
Force maintain any C-5A aircraft retired after September 30,
2012, in inviolate storage, with only the Secretary of Defense
permitted to authorize the Air Force to take any spare parts
from those aircraft.
The Senate amendment also included a provision (sec.
1708) that would prevent the Air Force from using any fiscal
year 2013 funds to divest, retire, or transfer, or prepare to
divest, retire, or transfer, any aircraft of the Air Force
assigned to units of the Air National Guard or Air Force
Reserve as of May 31, 2012. The provision would permit an
exception to this prohibition for C-5A strategic airlift
aircraft, if the Secretary of the Air Force were to replace
such aircraft through a transfer of C-5B, C-5M, or C-17
aircraft so as to maintain all Air National Guard and Air Force
Reserve units impacted by such divestment or retirement at
current or higher assigned manpower levels to operate the
transferred aircraft.
The Senate recedes with an amendment that would permit
the Air Force to reduce the number of strategic airlift
aircraft in its inventory from 301 aircraft to 275 aircraft,
but only after the Department of Defense conducts a
comprehensive 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. The
provision would also require that the Secretary of the Air
Force 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.
Retirement of B-1 bomber aircraft (sec. 142)
The House bill contained a provision (sec. 141) that
would require the Secretary of the Air Force to maintain 36
combat-coded B-1 bomber aircraft beyond fiscal year 2013.
The Senate amendment contained no similar provision.
The Senate recedes.
Avionics systems for C-130 aircraft (sec. 143)
The House bill contained a provision (sec. 144) that
would prevent the Secretary of the Air Force from terminating
the C-130 Avionics Modernization Program (AMP) until 180 days
after the Institute for Defense Analyses submits to the
congressional defense committees a cost-benefit analysis of
modernizing the legacy C-130 airlift fleet with C-130 AMP as
compared to only modernizing the legacy C-130 airlift fleet
with a reduced scope program for avionics and mission planning
systems.
The Senate amendment contained a similar provision (sec.
143) that would delay Air Force implementation of the
cancellation or modification of the AMP for the C-130 aircraft
until 30 days after the receipt of a report submitted to the
congressional defense committees.
The Senate recedes with an amendment that would delay
implementation of any cancellation or modification of the C-130
AMP effort until a period of 90 days has elapsed after the date
on which the Secretary submits to the congressional defense
committees the results of a cost-benefit analysis conducted by
the Institute for Defense Analyses.
Treatment of certain programs for the F-22A Raptor aircraft as major
defense acquisition programs (sec. 144)
The Senate amendment contained a provision (sec. 142)
that would require that the Air Force report F-22A
modernization and upgrade programs under the system of the
Selected Acquisition Reports (SAR).
The House bill contained no similar provision.
The House recedes with an amendment that would provide
that: (1) the Secretary of Defense treat both Increment 3.2B of
the F-22A modernization program and any future increment to
modernize F-22A aircraft, if viewed as a standalone program as
a major defense acquisition program (MDAP), as an MDAP,
requiring the submission of a SAR to Congress; and (2) the
Secretary of the Air Force report at least annually on the
cost, schedule and performance of the F-22A Reliability and
Maintainability Maturation Program (RAMMP) and the F-22A
Structural Retrofit Program (SRP II).
The conferees find that requiring the Department of
Defense (DOD) to establish as an MDAP Increment 3.2B, and
possibly other increments, of the Air Force's F-22
modernization program, would help ensure that these large, top-
priority programs are subject to proper congressional
oversight.
However, the conferees find that doing the same for the
RAMMP and SRP II efforts would not be appropriate. The Air
Force is pursuing these efforts in addition to modernization
and is spending substantial levels of research and development
and procurement funding to ensure that the F-22A satisfies its
original reliability and performance requirements.
Given that these efforts are currently estimated to cost
about $1.9 billion, the conferees, therefore find that
continuing congressional oversight of these efforts is
warranted and that separate annual reports on these efforts can
assist in this oversight. Rather than view these efforts as
only a continuously reprioritized list of maintainability
initiatives that grow as more is learned, the conferees expect
that the DOD will baseline these efforts in a way that will
allow the DOD and Congress to gauge their progress on cost,
schedule and performance over time. The conferees expect that
the DOD will provide these baselines in the first report it
would deliver to Congress under this provision.
Subtitle E--Joint and Multiservice Matters
Multiyear procurement authority for V-22 joint aircraft program (sec.
151)
The House bill contained a provision (sec. 124) that
would authorize the Secretary of the Navy to enter into a
multiyear contract to buy V-22 aircraft for the Department of
the Navy, the Department of the Air Force, and the United
States Special Operations Command.
The Senate amendment contained a similar provision (sec.
151) that would authorize the Secretary of the Navy to enter
into one or more multiyear contracts for this purpose.
The Senate recedes with an amendment that would allow the
Secretary to enter into one or more multiyear contracts to buy
V-22 aircraft.
Procurement of space-based infrared systems satellites (sec. 152)
The House bill contained a provision (sec. 147) that
would authorize the Secretary of the Air Force to enter into a
fixed-price contract to procure two Space Based Infrared System
(SBIRS) satellites, authorize incremental funding of the two
SBIRS satellites over a period not to exceed 6 years, and
establish a limitation on the total funds to be obligated and
expended for the procurement. This section would also require
the Secretary of the Air Force to submit a report to the
congressional defense committees on contract details, cost
savings, and plans for reinvesting the cost savings into
capability improvements for future blocks of SBIRS satellites.
The Senate amendment contained a similar provision.
The Senate recedes with a clarifying amendment.
Limitation on availability of funds for evolved expendable launch
vehicle program (sec. 153)
The House bill contained a provision (sec. 146) that
would limit 10 percent of the obligation or expenditure of
fiscal year 2013 funds authorized for the evolved expendable
launch vehicle program until the Secretary of the Air Force
submits a report describing the details of the acquisition
approach. The report would include the anticipated savings, the
planned number of launch vehicle booster cores to be procured,
the number of years that the contract will last, an assessment
of when new entrants will be certified to compete for evolved
expendable launch vehicle class launches, the projected launch
manifest with possible opportunities for new entrants to
compete, and any other relevant analysis used to inform the
acquisition strategy.
The Senate amendment contained no similar provision.
The Senate recedes and amends the House provision to
remove the sense of Congress.
Limitation on availability of funds for retirement of RQ-4 Global Hawk
unmanned aircraft systems (sec. 154)
The House bill contained a provision (sec. 152) that
would prevent the Department of Defense from expending any
funds to retire, prepare to retire, or place in storage RQ-4
Block 30 Global Hawk unmanned aircraft systems. The provision
would also require that the Secretary of the Air Force 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 until the end of calendar year 2014.
The Senate amendment contained no similar provision.
The Senate recedes.
Requirement to set F-35 aircraft initial operational capability dates
(sec. 155)
The House bill contained a provision (sec. 151) that
would require the Secretary of the Air Force to establish an
initial operational capability (IOC) date for the F-35A. The
provision would also require the Secretary of the Navy to
establish an IOC date for the F-35B and the F-35C. The
provision would further require that the Secretaries report on
the details of such initial operational capability to the
congressional defense committees by December 31, 2012.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delay the
requirement for the Secretaries to establish IOC dates and
report on the details until June 1, 2013.
Shallow Water Combat Submersible program (sec. 156)
The Senate amendment contained a provision (sec. 153)
that would require the Commander of U.S. Special Operations
Command (USSOCOM), not later than 90 days after enactment of
this Act, to provide the congressional defense committees with
a report on the Shallow Water Combat Submersible Program (SWCS)
describing: efforts by the contractor and USSOCOM to more
accurately track schedule and cost; the revised timeline for
SWCS initial and full operational capability; and the projected
cost to meet the basis of issue requirement. The provision
would also require that the Commander submit quarterly updates
on the metrics from the earned value management system with
which the Command is tracking cost and scheduled performance of
the contractor. That requirement shall lapse once the SWCS has
completed operational testing and has been found to be
operationally effective and operationally suitable.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict to provide the required reports in
coordination with the Commander of USSOCOM and modify the
reporting requirements.
Requirement that tactical manned intelligence, surveillance, and
reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link (sec. 157)
The House bill contained a provision (sec. 153) that
would amend section 141 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163), as amended by
section 143 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84), to require that, in
carrying out a solicitation for a common data link (CDL), the
Secretary of Defense must ensure that such solicitation
complies with the most recently issued CDL specification
standard of the Department of Defense, and does not include any
proprietary or undocumented interface or waveform as a
requirement or evaluation criterion of such solicitation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
clarify that the requirement for use of data formats consistent
with the architectural standard known as STANAG 4586 would
apply to unmanned systems only; and (2) extend the waiver
authority of the Under Secretary of Defense for Acquisition,
Logistics, and Technology to cover aircraft that are being
acquired under a special access program, if that program would
not otherwise be considered a major defense acquisition
program.
Study on small arms and small-caliber ammunition capabilities (sec.
158)
The Senate amendment contained a provision (sec. 889A)
that would require the Secretary of Defense to contract with a
federally funded research and development center to conduct a
study of Army small arms and ammunition capabilities.
The House bill contained no similar provision.
The House recedes with technical and clarifying
amendments.
Legislative Provisions Not Adopted
Extension of multiyear procurement authority for F/A-18E, F/A-18F, and
EA-18G aircraft
The House bill contained a provision (sec. 123) that
would authorize the Secretary of the Navy to modify the current
multiyear contract for F/A-18E, F/A-18F, and EA-18G aircraft to
extend the current multiyear contract to include fiscal year
2014 production of these aircraft.
The Senate amendment contained no similar provision.
The House recedes.
The Navy informed the conferees that the Navy could
achieve no savings using a multiyear contract for buying the 13
aircraft planned for fiscal year 2014, compared to buying them
under an annual contract.
Transfer of certain fiscal year 2012 Procurement of Ammunition, Navy
and Marine Corps funds
The Senate amendment contained a provision (sec. 128)
that would permit the Secretary of the Navy to use, subject to
appropriations, prior year funds that have been made available
from program cancellations reflected in the fiscal 2013 budget
request.
The House bill contained no similar provision.
The Senate recedes.
Transfer of certain fiscal year 2012 Procurement, Marine Corps funds
for procurement of weapons and combat vehicles
The Senate amendment contained a provision (sec. 129)
that would permit the Secretary of the Navy to use, subject to
appropriations, prior year funds that have been made available
from program cancellations reflected in the fiscal 2013 budget
request.
The House bill contained no similar provision.
The Senate recedes.
SPIDERNET/Spectral Warrior hardware
The Senate amendment contained a provision (sec. 132)
that would increase the authorization of appropriations by $2.0
million to provide a cloud network for Spectral Warrior
terminals in support of requirements of the commanders of the
combatant commands.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to recommend an additional $2.0
million for this program in section 4101 of this Act.
Limitation on availability of funds for divestment or retirement of C-
27J aircraft
The House bill contained a provision (sec. 143) that
would prohibit the Air Force from using any available funds to
divest, retire, or transfer, or prepare to divest, retire, or
transfer, any C-27J aircraft. The prohibition would remain in
place until the 180 days after: (1) the Director of the
Congressional Budget Office had submitted a life-cycle cost
analysis of C-27J, C-130H, and C-130J; and (2) the Secretary of
the Air Force submits the report required by section 112 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81).
The Senate amendment contained no similar provision.
The House recedes.
Review of C-130 force structure
The House bill contained a provision (sec. 145) that
would require the Secretary of the Air Force to conduct a
review of the C-130 force structure and report on a number of
matters, including how the Secretary will determine which C-130
aircraft will be retired or relocated during fiscal years 2014
through 2018, and details of the costs incurred, avoided, or
saved with respect to retiring or relocating C-130 aircraft.
The Senate amendment contained no similar provision.
The House recedes.
Transfer of certain fiscal year 2011 and 2012 funds for aircraft
procurement for the Air Force
The Senate amendment contained a provision (sec. 145)
that would permit the Secretary of the Air Force to use,
subject to appropriations, prior year funds that have been made
available from program cancellations reflected in the fiscal
2013 budget request.
The House bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for full-rate production of
Handheld, Manpack, and Small Form/Fit radios under the Joint
Tactical Radio System program
The Senate amendment contained a provision (sec. 152)
that would limit the availability of funds for the full-rate
production of Handheld, Manpack, and Small Form/Fit radios
under the Joint Tactical Radio System (JTRS) program.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that during 2012 the Department of
Defense (DOD) and Army took significant steps to clarify plans
for competition within the JTRS program. These steps included
acquisition decision memoranda for the JTRS program issued by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics in July and October, and a certification regarding
Army competition by the Secretary of the Army received by the
congressional defense committees on November 29, 2012. The
conferees strongly agree with the direction provided to the
JTRS program by these documents regarding the conduct of full
and open competition for full-rate production of the handheld
and manpack radios within the JTRS program. The conferees
expect these competitions to be conducted in a manner that
allows non-program of record vendors with qualified systems a
free and open chance to compete. In addition, the conferees
support DOD's current plan for similar competitions in future
years. These future competitions provide the best path to
acquire the latest, best, and most affordable communications
technology solutions to meet military requirements and at the
same time avoid locking in long-term, sole-source contract
arrangements that discourage competition. Given the rapidly
changing nature of technology in the area of communications,
the conferees encourage the DOD to constantly reexamine
acquisition plans in this area in order to ensure that the DOD
acquires the very best and most affordable equipment possible.
AC-130 aircraft electro-optical and infrared sensors
The Senate amendment contained a provision (sec. 154)
that would increase the authorization of appropriations by $6.0
million to procure color electro-optical and infrared imaging
sensors for AC-130 aircraft used by U.S. Special Operations
Command forces in ongoing contingency operations.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to recommend an additional $6.0
million for this program in section 4101 of this Act.
Title II--Research, Development, Test, and Evaluation
Budget Items
Detailed digital radio frequency modulation countermeasures studies and
simulations
The budget request included $277.4 million in PE65457A
for research and development of Army integrated air and missile
defense systems.
The Senate amendment would authorize an additional $38.0
million for a new program to conduct detailed digital radio
frequency modulation (DRFM) countermeasures studies and
simulations to develop algorithms to address this threat change
in support of the accelerated fielding of a new capability in
Patriot, Sentinel, and Integrated Air and Missile Defense for
the requirements of the commanders of the combatant commands.
The House bill would approve the budget request.
The conferees agree to authorize an additional $38.0
million in PE65457A in section 4201 for a new DRFM program. The
conferees note that the Department of Defense requested a
transfer of funds of $38.0 million in March 2012 as an
additional authorization to initiate this new program.
Relocation of C-band radar from Antigua to H.E. Holt Station in Western
Australia to enhance space situational awareness capabilities
The budget request included $267.3 million in PE 64425F
for research and development of space situational awareness
systems.
The Senate amendment would authorize, within
appropriations authorized for fiscal year 2013, the Secretary
of the Air Force to obligate up to $3.0 million to initiate a
new program for the relocation and research and development
activities to enhance space situational awareness capabilities
through the repurposing of the C-band radar at Antigua, the
relocation of that radar to the H.E. Holt Station in Western
Australia, and upgrades of the hardware and software of that
radar to meet space situational awareness mission needs,
operational testing of that radar, and transfer of jurisdiction
of that radar to the Air Force Space Command for operations and
sustainment by September 30, 2016.
The House bill would approve the budget request.
The conferees agree to authorize $3.0 million in PE
64425F within section 4201 for this program, and to take an
offsetting general reduction of the same amount. The conferees
note that the Department of Defense requested a transfer of
funds of $3.0 million in April 2012 as an additional
authorization to initiate this new program.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The House bill contained a provision (sec. 201)
authorizing appropriations 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.
The Senate amendment contained an identical provision
(sec. 201).
The conference agreement includes this provision.
Subtitle B--Program Requirements, Restrictions, and Limitations
Next-generation long-range strike bomber aircraft nuclear certification
requirement (sec. 211)
The House bill contained a provision (sec. 211) that
would require the Secretary of the Air Force to make certain
that the next-generation long-range strike bomber will be
capable of using strategic weapons by the date it receives
declaration of initial operational capability (IOC) and nuclear
certified to use strategic weapons no later than 2 years after
declaration of IOC.
The Senate amendment contained no similar provision.
The Senate recedes with the understanding that the
provision is consistent with the current Air Force plans for
nuclear certification of the long-range strike bomber.
Extension of limitation on availability of funds for Unmanned Carrier-
launched Surveillance and Strike system program (sec. 212)
The House bill contained a provision (sec. 213) that
would limit the ability of the Secretary of Defense to obligate
more than 75 percent of the total authorized amount of fiscal
year 2013 program funds for the unmanned carrier-launched
airborne surveillance and strike system (UCLASS) program until
the Department of Defense makes certain certifications and
established acquisition baselines for the program. The
provision would also prevent the Secretary of the Navy from
reducing the number of prime contractors working on the UCLASS
to one prime contractor for the technology development phase of
such program prior to the program achieving the critical design
review (CDR) milestone and would specify that the program could
not achieve CDR until October 1, 2016.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would:
(1) limit the ability of the Secretary of Defense to
obligate more than 75 percent of the total authorized amount of
fiscal year 2013 program funds for the UCLASS program until the
Department made certain certifications and established
acquisition baselines for the program;
(2) specify that the Secretary of the Navy may not reduce
the number of prime contractors working on the UCLASS to one
prime contractor until the program achieves the preliminary
critical design review milestone; and
(3) require that the Under Secretary of Defense for
Acquisition, Technology and Logistics:
(a) assess the completeness of the preliminary design
reviews of the program for each participating prime contractor;
and
(b) certify 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.
Limitation on availability of funds for milestone A activities for an
Army medium range multi-purpose vertical takeoff and landing
unmanned aircraft system (sec. 213)
The House bill contained a provision (sec. 215) that
would limit the use of funds for Milestone A activities for the
MQ-18 Medium Range Multi-Purpose Vertical Take-off and Landing
Unmanned Aircraft System (UAS) until the Chairman of the Joint
Requirements Oversight Council certifies that: (1) the MQ-18
UAS is required to meet a capability in the Department of
Defense manned and unmanned medium-altitude intelligence,
surveillance, and reconnaissance force structure; and (2) that
an existing UAS cannot meet the required capability or be
modified to meet the required capability.
The Senate amendment contained no similar provision
The Senate recedes with an amendment that would change
that limitation to apply to any such Army UAS, not just the MQ-
18.
Use of funds for conventional prompt global strike program (sec. 214)
The House bill contained a provision (sec. 235) that
would require a competitive procedure for any solicitation
involving the use of fiscal year 2013 funds for ground testing
activities of the prompt global strike program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would give
waiver authority to the competitive solicitation procedure if
the Secretary of Defense determines that such procedure is not
feasible, notifies congressional defense committees and a
period of 5 days elapse after the date of such notification.
Next Generation Foundry for the Defense Microelectronics Activity (sec.
215)
The Senate amendment contained a provision (sec. 211)
that would prohibit the expenditure of funds for the Next
Generation Foundry for the Defense Microelectronics Activity
until a microelectronics strategy is submitted to the
congressional defense committees, as well as an estimate of the
full life-cycle costs for the upgrade to the Foundry.
The House bill contained no similar provision.
The House recedes with an amendment that would add an
assessment of the manufacturing capability of the United States
to produce three-dimensional integrated circuits to serve
national defense interests.
Advanced rotorcraft initiative (sec. 216)
The Senate amendment contained a provision (sec. 212)
that would require a report on the strategy for the use of
integrated design teams and agile prototyping approaches for
the development of advanced rotorcraft capabilities.
The House bill contained no similar provision.
The House recedes with an amendment that removes any
consideration of the restructuring of the Joint Multirole
Rotorcraft program given that the Army has recently improved
the program by increasing the technology demonstrators from one
to two.
Subtitle C--Missile Defense Programs
Prohibition on the use of funds for the MEADS program (sec. 221)
The House bill contained a provision (sec. 229) that
would prohibit fiscal year 2013 funds for the Department of
Defense from being obligated or expended for the Medium
Extended Air Defense System.
The Senate amendment contained an identical provision
(sec. 236).
The conference agreement includes this provision.
Availability of funds for Iron Dome short-range rocket defense program
(sec. 222)
The House bill contained a provision (sec. 227) that
would authorize funds for the Department of Defense to provide
to the Government of Israel for the Iron Dome short-range
rocket defense program.
The Senate amendment contained a similar provision (sec.
237).
The House recedes.
The conferees note that in a letter to the House
Committee on Armed Services, dated September 11, 2012, Dr.
Frank Kendall, Under Secretary of Defense for Acquisition,
Technology and Logistics, stated that the Department of Defense
agrees with the committee that the Department ``needs to obtain
appropriate data rights to Iron Dome technology to ensure us
the ability to use that data for U.S. defense purposes and to
explore potential co-production opportunities.''
The conferees support this policy and expect the
Department to keep the congressional defense committees
informed of developments and progress on this issue.
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. 223)
The House bill contained a provision (sec. 236) that
would provide authority for the Secretary of the Navy to
transfer Aegis weapon system equipment with ballistic missile
defense capability to the Missile Defense Agency (MDA) for use
in the Aegis Ashore system in Romania, to permit meeting the
deployment schedule of December 2015. The provision would also
require the Director of MDA to transfer similar equipment to
the Navy later to replace any equipment transferred by the Navy
to MDA, for the Navy to use in the DDG-51 class destroyer
program.
The Senate amendment contained a similar provision (sec.
126).
The House recedes with a clarifying amendment.
Evaluation of alternatives for the precision tracking space system
(sec. 224)
The House bill contained a provision (sec. 231) that
would limit the availability of funds for the Precision
Tracking Space System (PTSS) until a federally funded research
and development center begins an analysis of alternatives for
PTSS, and the terms of reference for such analysis are
submitted to the congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Director of Cost Assessment and Program Evaluation (CAPE)
to conduct an independent cost estimate and an evaluation of
alternatives for PTSS, and submit the analysis to the
congressional defense committees. The provision would limit the
availability of more than 75 percent of the fiscal year 2013
funds for PTSS until the Director of CAPE completes the
evaluation of alternatives and the approved terms of reference
for the evaluation are submitted to the congressional defense
committees.
The conferees understand that, as part of the evaluation
of alternatives for PTSS, the Director of CAPE plans to
consider a variety of sensor systems and options, including
planned sensor development programs. The conferees believe such
consideration will be valuable to the evaluation of
alternatives.
Next generation Exo-atmospheric Kill Vehicle (sec. 225)
The House bill contained a provision (sec. 222) that
would require the Director of the Missile Defense Agency (MDA)
to submit a report to the congressional defense committees on a
plan to use the advanced kill vehicle for the Standard Missile-
3 Block IIB missile for the Ground-based Midcourse Defense
(GMD) system.
The Senate amendment contained a related provision (sec.
234) that would require the Director of MDA to develop and
submit a plan for enhancing the current GMD Exo-atmospheric
Kill Vehicle (EKV) and options for the competitive development
of a next generation EKV for the GMD system.
The House recedes with a technical amendment.
Modernization of the Patriot air and missile defense system (sec. 226)
The Senate amendment contained a provision (sec. 235)
that would require the Secretary of the Army to submit to the
congressional defense committees a plan for support of the long
term requirements in connection with the modernization of the
Patriot air and missile defense system.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Evaluation and environmental impact assessment of potential future
missile defense sites in the United States (sec. 227)
The House bill contained a provision (sec. 223) that
would require the Secretary of Defense to ensure that a missile
defense site on the East Coast of the United States is
operational by no later than December 31, 2015. The provision
would also require the Secretary to evaluate three possible
locations for the site and to prepare an environmental impact
statement for each location. Finally, the provision would
require the Director of the Missile Defense Agency to develop
and submit, with the President's budget request for fiscal year
2014, a plan to deploy missile defense interceptors on the East
Coast.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to evaluate at least three possible
additional locations in the United States--at least two of
which would be on the East Coast--that would be best suited for
future deployment of a missile defense interceptor site to
protect the homeland against long-range missile threats from
nations such as North Korea and Iran. The amendment would also
require the Secretary to prepare an environmental impact
statement for each location the Secretary evaluates. Finally,
the amendment would require the Director of the Missile Defense
Agency to develop a contingency plan for the deployment of a
potential future homeland missile defense interceptor site, in
case the President determines to proceed with such additional
deployment, and to notify the congressional defense committees
when such contingency plan has been developed.
Homeland ballistic missile defense (sec. 228)
The Senate amendment contained a provision (sec. 231)
that would state the sense of Congress concerning homeland
ballistic missile defense and require a report on the status of
efforts to improve the homeland ballistic missile defense
capability of the United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Regional ballistic missile defense (sec. 229)
The House bill contained a provision (sec. 234) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on regional missile
defense architectures.
The Senate amendment contained a related provision (sec.
232) that would state the sense of Congress concerning regional
missile defense, and would require a report describing the
status and progress of regional missile defense programs and
efforts.
The House recedes with an amendment that would
incorporate the elements of its provision into the Senate
provision.
NATO contributions to missile defense in Europe (sec. 230)
The House bill contained a provision (sec. 230) that
would limit the availability of funds for certain activities of
the Phased Adaptive Approach (PAA) to missile defense in Europe
until certain conditions were met with respect to cost-sharing
arrangements with the North Atlantic Treaty Organization (NATO)
for the PAA in Europe.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report from the Secretary of Defense on the contributions of
NATO allies, individually and collectively, to missile defense
in Europe.
Report on test plan for the ground-based midcourse defense system (sec.
231)
The House bill contained a provision (sec. 225) that
would require the Department of Defense to conduct a flight
test of the Ground-based Midcourse Defense (GMD) system, using
a Ground-Based Interceptor equipped with a Capability Enhanced-
1 (CE-1) exo-atmospheric kill vehicle (EKV), against an
intercontinental ballistic missile (ICBM) target, not later
than December 31, 2013.
The House bill also contained a related provision (sec.
233) that would require the Missile Defense Agency (MDA) to
prepare and submit a plan to conduct at least three flight
tests of the GMD system every 2 years, unless the Director of
MDA certifies that such a plan would not be feasible or cost
effective.
The Senate amendment contained no similar provision. The
Senate recedes with an amendment that would require the
Secretary of Defense to provide to the congressional defense
committees a report on the test program for the GMD system. The
report would contain an assessment of various GMD test options,
including the feasibility, advisability, and cost effectiveness
of accelerating the date for testing the GMD system against an
ICBM-range target, and of conducting GMD flight tests at a pace
of three tests every 2 years. The amendment would also require
the Director of Operational Test and Evaluation to review the
report and include the Director's views in an appendix to the
report.
Sense of Congress on missile defense (sec. 232)
The House bill contained a provision (sec. 1237) that
would establish limitations and conditions on international
agreements relating to missile defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express
the sense of Congress concerning the continued development and
deployment of missile defenses and concerning limitations on
missile defenses.
Sense of Congress on the submittal to Congress of the homeland defense
hedging policy and strategy report of the Secretary of Defense
(sec. 233)
The Senate amendment contained a provision (sec. 239)
that would express the sense of Congress that the Secretary of
Defense should submit to Congress 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).
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle D--Reports
Mission packages for the Littoral Combat Ship (sec. 241)
The Senate amendment contained a provision (sec. 251)
that would require the Secretary of the Navy to produce a
report, in consultation with the Director of Operational Test
and Evaluation, on the mine countermeasures warfare,
antisubmarine warfare, and surface warfare mission packages for
the Littoral Combat Ship.
The House bill contained no similar provision.
The House recedes.
Study on electronic warfare capabilities of the Marine Corps (sec. 242)
The House bill contained a provision (sec. 241) that
would require the Commandant of the Marine Corps to conduct a
study on the future capabilities of the Marine Corps with
respect to electronic warfare. The Commandant would be required
to address the following: (1) a detailed plan for EA-6B Prowler
aircraft squadrons; (2) a solution for the replacement of such
aircraft; (3) concepts of operation for future air-ground task
force electronic warfare capabilities of the Marine Corps; and
(4) any other issues that the Commandant determined to be
appropriate.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment would change the
study requirement to focus on a solution for the replacement of
the capability of the EA-6B, not the aircraft itself.
Conditional requirement for report on amphibious assault vehicles for
the Marine Corps (sec. 243)
The Senate amendment contained a provision (sec. 253)
that would require the Secretary of the Navy and the Commandant
of the Marine Corps to jointly submit to the congressional
defense committees a report by February 1, 2013, if the ongoing
Marine Corps ground combat vehicle fleet mix study recommends
the acquisition of a Marine Personnel Carrier (MPC). The report
would include an explanation of the role of the MPC in
fulfilling the two Marine Expeditionary Brigades (MEB) forcible
entry requirement; the fraction of the assault echelon of the
MEBs comprised of MPCs, along with an assessment of the
operational risks associated with using ship-to-shore
connectors to ferry MPCs rather than tanks and artillery; and
an estimate of the acquisition and life-cycle costs of a split
fleet of Amphibious Combat Vehicles (ACVs) and MPCs as compared
to the costs of a pure fleet of ACVs.
The House bill contained no similar provision.
The House recedes with an amendment that would drop the
reporting requirements regarding the role of MPCs in forcible
entry operations. The Marine Corps states that MPCs will not be
employed during the assault or forcible entry phase of the two
MEB forcible entry force. The Marine Corps affirms that there
will not be any competition between MPCs and other supporting
force elements (such as tanks and artillery) for connectors
during amphibious assault operations, or between MPCs and ACVs
and other forces for deck space.
Report on cyber and information technology research investments of the
Air Force (sec. 244)
The House bill contained a provision (sec. 245) that
would require the Secretary of Defense to submit to the
congressional defense committees a study of Air Force cyber
operations research, science and technology.
The Senate amendment contained no similar provision, but
the Senate report (S. Rept. 112-173) accompanying the National
Defense Authorization Act for Fiscal Year 2013 (S. 3254)
contained similar directive report language.
The Senate recedes with an amendment that would include
the directive report language from S. Rept. 112-173 in the
provision.
National Research Council review of defense science and technical
graduate education needs (sec. 245)
The House bill contained a provision (sec. 242) that
would direct the Department of Defense (DOD) to have the
National Research Council conduct a review of specialized
degree-granting graduate programs in the Department in
engineering, applied sciences, and management.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that clarifies the
scope of the subjects of the review.
The conferees recognize that fostering and increasing the
science, technology, engineering, mathematics, and technology
management skills of the DOD workforce is an ongoing challenge.
The conferees look forward to discussing these challenges with
the Department as the terms of reference for this effort are
developed.
Subtitle E--Other Matters
Eligibility for Department of Defense laboratories to enter into
educational partnerships with educational institutions in
territories and possessions of the United States (sec. 251)
The House bill contained a provision (sec. 251) that
would allow Department of Defense laboratories to enter into
educational partnerships with educational institutions in U.S.
territories and possessions.
The Senate amendment contained an identical provision
(sec. 214).
The conference agreement includes this provision.
Regional advanced technology clusters (sec. 252)
The House bill contained a provision (sec. 252) that
would allow the Secretary of Defense to utilize the research
and engineering network of the Department of Defense to support
regional advanced technology clusters established by the
Secretary of Commerce. This provision would also designate a
lead office in the Department to be the main focal point to
interact with regional advanced technology clusters.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment removing the
creation of the office, but expanding the reporting
requirement.
Sense of Congress on increasing the cost-effectiveness of training
exercises for members of the Armed Forces (sec. 253)
The Senate amendment contained a provision (sec. 272)
expressing the sense of Congress in support of emerging
technologies that would increase the cost effectiveness of
training exercises for members of the Armed Forces.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Unmanned combat air system
The House bill contained a provision (sec. 212) that
would require the Secretary of the Navy to: (1) conduct
additional technology development risk reduction activities for
the unmanned carrier-launched airborne surveillance and strike
system (UCLASS) program, using the unmanned combat air system;
and (2) preserve a competitive acquisition environment for the
UCLASS program.
The Senate amendment contained no similar provision.
The House recedes.
Transfer of certain fiscal year 2012 Navy research, development, test,
and evaluation funds
The Senate amendment contained a provision (sec. 213)
that would permit the Secretary of the Navy to use, subject to
appropriations, prior year funds that have been made available
from program cancellations reflected in the fiscal 2013 budget
request.
The House bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for future manned ground moving
target indicator capability of the Air Force
The House bill contained a provision (sec. 214) that
would prohibit obligation of funding for any activity,
including pre-Milestone A activities, to initiate a new start
acquisition program to provide the Air Force with a manned
ground moving target indicator (GMTI) capability or manned
dismount moving target indicator capability until 90 days after
submission of a report by the Secretary of the Air Force.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Air Force's analysis of
alternatives (AoA) for a GMTI capability recommended a
combination of: (1) manned aircraft based on smaller business
jets; (2) and unmanned capability in the form of the Global
Hawk Block 40 unmanned system.
The Air Force Chief of Staff testified that the Air Force
could not afford to implement the recommendations of the AoA.
Nevertheless, the Air Force has not proposed any alternative
plan to modernize or replace the manned GMTI capability, and
associated on-board command and control capability, currently
provided by the Joint Surveillance and Target Attack Radar
System (JSTARS).
The conferees believe that the capability provided by the
JSTARS is a critical element of the future Air Force
intelligence, surveillance, and reconnaissance (ISR) fleet. The
conferees note that the Air Force's Fleet Viability Board
raised concerns about the long-term supportability of JSTARS
aircraft, which are based on a 60 year-old commercial aircraft
design. The conferees further note that rapid advances in the
areas of sensors and communication links may make it difficult
for the Air Force to precisely define long-term future
requirements in this mission area at this time.
Nevertheless, the Air Force needs to develop a plan to
provide an updated GMTI capability meeting joint warfighting
requirements. The capability must include the flexibility to
incorporate current and future sensor and communications
architectures that can be integrated as they evolve in the
future. The conferees are concerned that, absent such a
modernization plan, the Air Force may lose its ability to
provide this capability to the joint force in the future.
Transfer of certain fiscal year 2012 Air Force research, development,
test, and evaluation funds
The Senate amendment contained a provision (sec. 215)
that would permit the Secretary of the Air Force to use,
subject to appropriations, prior year funds that have been made
available from program cancellations reflected in the fiscal
2013 budget request.
The House bill contained no similar provision.
The Senate recedes.
Relocation of C-band radar from Antigua to H.E. Holt Station in Western
Australia to enhance space situational awareness capabilities
The Senate amendment contained a provision (sec. 216)
that would authorize, within appropriations authorized for
fiscal year 2013, the Secretary of the Air Force to obligate up
to $3.0 million to initiate a new program for the relocation
and research and development activities to enhance space
situational awareness capabilities through the repurposing of
the C-band radar at Antigua, the relocation of that radar to
the H.E. Holt Station in Western Australia, and upgrades of the
hardware and software of that radar to meet space situational
awareness mission needs, operational testing of that radar, and
transfer of jurisdiction of that radar to the Air Force Space
Command for operations and sustainment by September 30, 2016.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize $3.0 million in section
4201 for this program.
Vertical lift platform technology demonstrations
The House bill contained a provision (sec. 216) that
would authorize up to $5.0 million for a program to develop and
flight-demonstrate vertical lift platform technologies.
The Senate amendment contained no similar provision for
the authorization of funds, but contained a provision (sec.
212) requiring a report on the strategy for the use of
integrated platform design teams and agile prototyping
approaches for the development of advanced rotorcraft
capabilities.
The House recedes.
Detailed digital radio frequency modulation countermeasures studies and
simulations
The Senate amendment contained a provision (sec. 217)
that would authorize an additional $38.0 million for a new
program to conduct detailed digital radio frequency modulation
(DRFM) countermeasures studies and simulations to develop
algorithms to address this threat change in support of the
accelerated fielding of a new capability in Patriot, Sentinel,
and Integrated Air and Missile Defense for the requirements of
the commanders of the combatant commands.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize an additional $38.0
million in section 4201 for a new DRFM program.
Procurement of AN/TPY-2 radars
The House bill contained a provision (sec. 221) that
would require the Secretary of Defense to procure two AN/TPY-2
radars, and to submit a report on the feasibility of developing
an AN/TPY-2 radar on a rotating turntable to allow the radar to
change directions quickly.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware of proposals to place AN/TPY-2
radars on rotating turntables to permit the radars to turn and
track threat missiles in flight. The conferees direct the
Secretary of Defense to submit a report to the congressional
defense committees, not later than 180 days after the date of
enactment of this Act, providing an analysis of the concept of
developing an AN/TPY-2 radar on a rotational platform. The
analysis shall include consideration of the technical
feasibility and advisability, as well as the potential utility
for missile defense or any other missions, of developing and
deploying such a rotating radar, including potential advantages
and disadvantages, costs, risks, and mobility considerations.
Ground-based Midcourse Defense system
The House bill contained a provision (sec. 224) that
would require certain funding levels for the Ground-based
Midcourse Defense system.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware that the Department of Defense
has stated that it intends to maintain Missile Field-1 (MF-1)
at Fort Greely, Alaska in a storage status that would permit it
to be refurbished to operational status to deploy six
additional Ground-Based Interceptors (GBIs), if that is
determined to be necessary. The conferees want to be confident
that this missile field could be available to increase our
homeland defense capabilities if the future threat to the
homeland should warrant it.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees, not later than
180 days after the enactment of this Act, on the steps the
Department of Defense plans to take to keep MF-1 available for
possible operational use in the future, if determined to be
necessary. The report should include a description of the
planned cost of maintaining MF-1 in the planned storage status,
and the actions, timeline, circumstances, and estimated costs
that would be required to return MF-1 to an operational status
with six GBIs.
Deployment of SM-3 IIB interceptors on land and sea
The House bill contained a provision (sec. 226) that
would require the Secretary of Defense to ensure that the
Standard Missile-3 (SM-3) Block II B interceptor missile is
deployable both on land and on ships.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that after the submission of the
President's budget request for fiscal year 2013, the Missile
Defense Agency made the decision that the SM-3 Block IIB
missile will be compatible for use with land-based Aegis Ashore
sites and with Aegis Ballistic Missile Defense ships.
Consequently, the missile will be developed to be deployable on
ships, as well as on land.
Sea based X-band radar
The House bill contained a provision (sec. 228) that
would require the Missile Defense Agency (MDA) to ensure that
the Sea-Based X-band radar (SBX) is maintained in a status such
that the radar may be deployed in less than 14 days and for at
least 60 days each year.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense has
placed the SBX radar in a Limited Test Support Status that
would permit it to be deployed within 30 days and to operate
for up to 60 days at sea each year. The conferees direct the
Director of the MDA to submit to the congressional defense
committees, not later than 90 days after the enactment of this
Act, an assessment of the potential benefits and drawbacks of
reducing the deployment readiness timeline of SBX from 30 to 14
days.
Plan to improve discrimination and kill assessment capability of
ballistic missile defense systems
The House bill contained a provision (sec. 232) that
would require the Director of the Missile Defense Agency (MDA)
to develop and submit a plan to improve the discrimination and
kill assessment capability of Ballistic Missile Defense
Systems.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Director of the MDA to submit a
report to the congressional defense committees, not later than
120 days after the enactment of this Act, describing MDA's
plans, programs, and activities to improve the discrimination
and kill assessment capabilities of the Ballistic Missile
Defense System, particularly with respect to the Ground-based
Midcourse Defense system. The report may be submitted in
classified form.
Readiness and flexibility of intercontinental ballistic missile force
The Senate amendment contained a provision (sec. 238)
that gives the Secretary of Defense, in a manner consistent
with international agreements, the authority to retain
intercontinental ballistic missile (ICBM) launch facilities
supporting the deployed strategic nuclear delivery vehicles
within the limit of 800 deployed and non-deployed strategic
launchers; maintain ICBM on alert or operationally deployed;
and preserve ICBM silos in operational or warm status.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe it is important to ensure that the
Air Force in its ICBM Master Plan and System Roadmap detail a
long-term sustainment acquisition strategy to ensure the
existing ICBMs and their supporting infrastructure are well
maintained through 2030. The conferees direct the Air Force and
the Navy to brief the congressional defense committees not
later than 180 days after the date of enactment of this Act on
joint Air Force and Navy activities in support of the ICBM
Master Plan and the Trident II D5 life extension program that
can be jointly undertaken and cost-shared. The conferees expect
the Air Force to fully brief the congressional defense
committees on the Analysis of Alternative for the Ground Based
Strategic Deterrent, including when available, its terms of
reference.
Report on three-dimensional integrated circuit manufacturing
capabilities
The House bill contained a provision (sec. 243) that
would require a comprehensive assessment of U.S. manufacturing
capability for three-dimensional integrated circuits to serve
national defense interests.
The Senate amendment contained no similar provision.
The House recedes. The required assessment is included
elsewhere in this Act.
Report on efforts to field new directed energy weapons
The House bill contained a provision (sec. 244) that
would require the Secretary of Defense to submit a report to
the congressional defense committees summarizing efforts within
the Department of Defense (DOD) to transition mature and
maturing directed energy (DE) technologies to new operational
weapon systems.
The Senate amendment contained no similar provision.
The House recedes.
The conferees urge the DOD and military services to begin
transitioning DE technologies to operational weapon systems
once such technologies have been demonstrated at a sufficient
level of maturity in relevant operational environments. The
conferees direct the Assistant Secretary of Defense for
Research and Engineering, with the military services, to brief
the congressional defense committees in conjunction with the
submission of the President's budget request for fiscal year
2014 on: 1) An assessment of the maturity of high energy laser
and high power microwave technologies and the challenges needed
to be overcome to transition these technologies from research
efforts to operational capabilities; and 2) The state of DOD's
activities linking science and technology demonstrations to
operational goals to fieldable prototype systems.
Comptroller General annual reports on the acquisition program for the
Amphibious Combat Vehicle
The Senate amendment contained a provision (sec. 252)
that would require the Comptroller General of the United States
to conduct an annual review of the Marine Corps Amphibious
Combat Vehicle (ACV) acquisition program.
The House bill contained no similar provision.
The Senate recedes. The ACV is early in its acquisition
life cycle and a forthcoming Analysis of Alternatives will
inform Marine Corps development and resource decisions,
rendering the Comptroller's report early to need.
Briefing on power and energy research conducted at University
Affiliated Research Centers
The House bill contained a provision (sec. 253) that
would require a briefing on the power and energy-related
research being conducted at Department of Defense (DOD)
University Affiliated Research Centers (UARCs).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to brief
the Committees on Armed Services of the Senate and the House of
Representatives no later than March 1, 2013, on power and
energy-related research being conducted at DOD UARCs. The
briefing shall include a description of the research activities
being conducted at these UARCs, including those related to
energy efficiency and renewable energy technologies such as for
lighting, heating, ventilation, and air-conditioning systems,
and the integration of renewable and non-renewable energy
technologies.
Transfer of administration of Ocean Research and Resources Advisory
Panel from Department of the Navy to National Oceanic and
Atmospheric Administration
The Senate amendment contained a provision (sec. 271)
that would transfer the responsibility for administration of
the Ocean Research Advisory Panel from the Department of the
Navy to the National Oceanic and Atmospheric Administration of
the Department of Commerce.
The House amendment contained no similar provision.
The Senate recedes.
Title III--Operation and Maintenance
Subtitle A--Authorization of Appropriations
Operation and maintenance funding (sec. 301)
The House bill contained a provision (sec. 301)
authorizing appropriations for fiscal year 2013 for the use of
the Armed Forces 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.
The Senate amendment contained an identical provision
(sec. 301).
The conference agreement includes this provision.
Subtitle B--Energy and Environment
Training range sustainment plan and training range inventory (sec. 311)
The House bill contained a provision (sec. 311) that
would amend section 348 of the National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364) by extending
through 2018 the Department of Defense requirement to submit an
annual report to Congress on its progress to evaluate training
constraints caused by limitations on the use of military land,
marine areas, and airspace and progress being made in
developing a comprehensive plan to address these limitations.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
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. 312)
The House bill contained a provision (sec. 317) that
would amend the Sikes Act (16 U.S.C. 670 et seq) to authorize
the Secretary of a military department to enter into
cooperative agreements with Indian tribes.
The Senate amendment contained no similar provision.
The Senate recedes.
Department of Defense guidance on environmental exposures at military
installations and briefing regarding environmental exposures to
members of the Armed Forces (sec. 313)
The House bill contained a provision (sec. 315) that
would require the Secretary of Defense to develop a plan for a
material solution to measure environmental exposures and to
brief that plan to the congressional defense committees.
The Senate amendment contained a similar provision (sec.
311) that would require the Secretary to issue guidance
relating to how the military departments and other defense
agencies deal with the possible exposure of individuals to
environmental contamination at military installations.
The Senate recedes with an amendment that would combine
the two provisions into a single provision, with some
modifications.
Report on status of targets in implementation plan for operational
energy strategy (sec. 314)
The House bill contained a provision (sec. 349) that
would require the Secretary of Defense to submit an annual
report on the status of the targets listed in the document
entitled ``Operational Energy Strategy: Implementation Plan,
Department of Defense, March 2012''.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would only
require the above report if the annual report for fiscal year
2011 required under section 2925(b) of title 10, United States
Code, is not submitted to the congressional defense committees
by December 31, 2012.
Limitation on obligation of Department of Defense funds from Defense
Production Act of 1950 for biofuel refinery construction (sec.
315)
The House bill contained a provision (sec. 314) that
would prohibit the use of funds authorized to be appropriated
to the Department of Defense (DOD) in fiscal year 2013 from
being obligated or expended for the production or sole purchase
of an alternative fuel if the cost exceeds the cost of
traditional fossil fuels used for the same purpose, except for
continued testing purposes.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that none of the
fiscal year 2013 Defense Production Act (DPA) funds may be
obligated or expended for the construction of a biofuel
refinery until the DOD receives matching DPA contributions from
the Department of Energy and equivalent contributions from the
Department of Agriculture for the same purpose.
Sense of Congress on protection of Department of Defense airfields,
training airspace, and air training routes (sec. 316)
The Senate amendment contained a provision (sec. 1086)
that would express the sense of the Senate on the importance of
protecting Department of Defense (DOD) airfields, airspace, and
air training routes from encroachment and the need to develop
comprehensive guidance to protect those assets.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the context of the provision with respect to DOD operational
risk assessment and the DOD Siting Clearinghouse.
The conferees expect that the DOD guidance encouraged by
this provision will provide further clarification for the
assessment of an unacceptable risk to the national security of
the United States as defined in Part 211 of title 32, Code of
Federal Regulations.
Subtitle C--Logistics and Sustainment
Expansion and reauthorization of multi-trades demonstration project
(sec. 321)
The House bill contained a provision (sec. 321) that
would amend section 338 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136), as most recently
amended by section 329 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181).
The Senate amendment contained a similar provision (sec.
322).
The Senate recedes.
Restoration and amendment of certain provisions relating to depot-level
maintenance and core logistics capabilities (sec. 322)
The House bill contained a provision (sec. 322) that
would further amend sections 2460 and 2464 of title 10, United
States Code, as amended by sections 321 and 327 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81).
The Senate amendment contained a provision (sec. 321)
that would repeal the amendments made by sections 321 and 327
and revive sections 2460 and 2464 as in effect prior to the
enactment of Public Law 112-81.
The House recedes with an amendment that would amend the
revived sections 2460 and 2464 to: (1) clarify the treatment of
nuclear refueling opportunities for aircraft carriers; and (2)
require the Secretary of Defense to submit a biennial report to
Congress on core depot-level maintenance and repair capability
requirements and sustaining workloads.
The conferees note that this provision includes
conforming changes to sections 2366a and 2366b of title 10,
United States Code. Sections 2366a and 2366b, as amended by
this provision, would require a determination of the
applicability of core logistics capabilities requirements prior
to a Milestone A decision, an assessment of core logistics
capabilities and associated sustaining workloads prior to a
Milestone B decision, and a detailed definition of core
logistics capabilities and associated sustaining workloads
prior to any contract for low-rate initial production of a
major defense acquisition program. The purpose of these
requirements is to ensure that the Department of Defense fully
considers and plans for life cycle sustainment needs, including
core logistics capabilities, early in the acquisition cycle. In
the view of the conferees, the Department has too often limited
its sustainment options by deferring key decisions until a
major weapon system is ready, or nearly ready, to be fielded.
The early consideration of and deliberate planning for
sustainment needs required by this provision should preserve a
broader range of options and result in a more comprehensive and
balanced approach to core logistics capabilities.
Rating chains for system program managers (sec. 323)
The Senate amendment contained a provision (sec. 323)
that would require that 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, comply with the
Department of Defense Instructions regarding assignment of
program responsibility.
The House bill contained no similar provision.
The House recedes.
The conferees agree that this direction should not be
construed to be taking any particular position on the Air
Force's plans to reorganize the Air Force Materiel Command
(AFMC). Elsewhere in this Act, the conferees recommend a
requirement that the Secretary of Defense provide a report on
the Air Force's planned reorganization of AFMC organizations.
Subtitle D--Readiness
Intergovernmental support agreements with State and local governments
(sec. 331)
The House bill contained a provision (sec. 331) that
would authorize the Department of Defense to enter into
intergovernmental support agreements with State or local
government for the procurement of installation support
services.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the provision and prevent abuse of the new authority.
Expansion and reauthorization of pilot program for availability of
working-capital funds for product improvements (sec. 332)
The House bill contained a provision (sec. 333) that
would expand and reauthorize a pilot program resourced through
working capital funds for product improvements.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees encourage the Services to use this pilot
authorization to use working capital funds to pursue
initiatives costing less than $1,000,000 for each item that
would upgrade, modernize, or retrofit a component or subsystem
of an existing weapon system platform or major end item of a
weapon system currently sustained in the service inventory.
The limitation on the use of this pilot program to pursue
significant change to capabilities is intended by the conferees
to preclude the use of working capital funds to develop new
versions of equipment, to expand the performance envelope of a
current system, or to acquire new types of systems, while still
allowing for performance enhancements that improve reliability,
sustainability, and maintainability in current systems.
Department of Defense national strategic ports study and Comptroller
General studies and reports on strategic ports (sec. 333)
The House bill contained a provision (sec. 3510) that
would express the sense of Congress that the Secretary of
Defense should expedite completion of the study of strategic
ports in the United States. The provision would also direct
that the Comptroller General: (1) review the Secretary's
report; and (2) conduct his own review of the status of
strategic ports.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to direct the
Comptroller General to conduct a sufficiency review of the
Secretary's report.
Subtitle E--Reports
Annual report on Department of Defense long-term corrosion strategy
(sec. 341)
The Senate amendment contained a provision (sec. 331)
that would amend section 371 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181, 10
U.S.C. 2228) to require the Department of Defense to provide
additional information on corrosion projects in reports to
Congress. The additional information includes validated returns
on investment for completed corrosion projects, activities, and
information on how corrosion funding is used for military
projects, the Technical Corrosion Collaboration pilot program,
and other corrosion-related activities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on joint strategy for readiness and training in a C4ISR-denied
environment (sec. 342)
The House bill contained a provision (sec. 341) that
would direct the Secretary of Defense to submit 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 (C4ISR) systems. The provision also would
require the development of a C4ISR-denied environment roadmap
and exercise plan.
The Senate amendment contained no similar provision.
The Senate recedes.
Comptroller General review of annual Department of Defense report on
prepositioned materiel and equipment (sec. 343)
The House bill contained a provision (sec. 342) that
would amend section 2229a(b)(1) of title 10, United States
Code, by altering the report deadline.
The Senate amendment contained a similar provision (sec.
332).
The Senate recedes.
Modification of report on maintenance and repair of vessels in foreign
shipyards (sec. 344)
The House bill contained a provision (sec. 343) that
would modify section 7310(c) of title 10, United States Code,
to expand a reporting requirement to cover privately owned
vessels that are operated pursuant to a contract entered into
by the Military Sealift Command, the Maritime Administration,
or the U.S. Transportation Command.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand
the report to cover privately owned vessels, but would exclude
proprietary information from the data required in the report
for those vessels.
Extension of deadline for Comptroller General report on Department of
Defense service contract inventory (sec. 345)
The House bill contained a provision (sec. 344) that
would extend the deadline for a statutorily mandated Government
Accountability Office report on the Department of Defense
inventory of service contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Limitations and Extension of Authority
Repeal of redundant authority to ensure interoperability of law
enforcement and emergency responder training (sec. 351)
The House bill contained a provision (sec. 351) that
would amend section 372 of title 10, United States Code, to
ensure that Department of Defense support to a federal, state,
or local law enforcement or emergency response agency to
prepare for or respond to an emergency involving chemical or
biological agents is consistent with the national preparedness
system and other statutory changes made since the creation of
the Department of Homeland Security.
The Senate amendment contained a similar provision (sec.
343) that would result in an identical outcome.
The Senate recedes.
Aerospace control alert mission (sec. 352)
The House bill contained a provision (sec. 352) that
would: (1) prevent Department of Defense from spending any
funds to disestablish or downgrade any of the 18 level 5
aerospace control alert (ACA) defense locations in existence as
of the date of the enactment of this Act; and (2) establish a
consolidated budget justification display that fully identifies
the baseline ACA budget for each of the military services, and
encompasses all programs and activities of the ACA mission.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to eliminate the
language prohibiting disestablishing or downgrading ACA
locations. The conferees understand that the Air Force now has
no plans to disestablish any ACA units.
Limitation on authorization of appropriations for the National Museum
of the United States Army (sec. 353)
The House bill contained a provision (sec. 353) that
would limit the obligation or expenditure of funds for the
National Museum of the United States Army until the Secretary
of the Army submits to the congressional defense committees
written certification that sufficient private funding has been
raised to fund construction of the ``baseline museum'' and that
at least 50 percent of the baseline museum has been completed.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on availability of funds for retirement or inactivation of
Ticonderoga class cruisers or dock landing ships (sec. 354)
The House bill contained a provision (sec. 354) that
would limit the obligation and expenditure of funds authorized
to be appropriated or otherwise made available for fiscal year
2013 for the retirement, inactivation, or storage of a cruiser
or dock landing ship. The provision would provide an exception
for the retirement of the U.S.S. Port Royal (CG-73). Finally,
the provision would require the Secretary of the Navy to
maintain the operational capability and perform the necessary
maintenance of the cruisers and dock landing ships in support
of operational requirements of the combatant commands.
The Senate amendment contained a provision (sec. 344)
that would express the sense of the Congress on Navy fleet
requirements, including the fact that the Secretary of the Navy
should maintain the operational capability and perform the
necessary maintenance and for each cruiser and dock landing
ship belonging to the Navy.
The Senate recedes with an amendment that would eliminate
the exception for the retirement of the U.S.S. Port Royal. The
U.S.S. Port Royal incurred significant damage following a
grounding incident in 2009. Although the Navy indicates that
the ship never completely recovered from the grounding, the
Navy has not provided adequate analysis and cost data on the
structural condition of the ship.
Therefore, the conferees direct the Secretary of the Navy
to conduct a detailed material condition assessment of the
U.S.S. Port Royal that will:
(1) include a comprehensive inspection of the ship's
major structural, machinery, electrical, combat and weapons
systems elements;
(2) identify the necessary repairs and modernization,
including detailed costs to make those repairs and upgrades,
that would be required for the ship to meet its expected
service life, consistent with other ships in the Ticonderoga-
class;
(3) be conducted by the Navy, with the results evaluated
by the appropriate Navy technical authority; and
(4) be reviewed by an independent board of subject matter
experts, from industry and the Department of Defense.
The conferees further direct the Secretary to submit the
results of that assessment, along with results of independent
reviews of that assessment, to the congressional defense
committees within 180 days of enactment of this Act. The
conferees further direct that the Government Accountability
Office conduct a sufficiency review of this report. The
Secretary shall also provide the congressional defense
committees a status update on the assessments within 120 days
of enactment of this Act.
Renewal of expired prohibition on return of veterans memorial objects
without specific authorization in law (sec. 355)
The House bill contained a provision (sec. 355) that
would prohibit the transfer of a veterans memorial object to a
foreign country unless the transfer is specially authorized by
law or the transfer is made after September 30, 2017.
The Senate amendment contained an identical provision
(sec. 1093).
The conference agreement includes this provision.
Subtitle G--National Commission on the Structure of the Air Force
National commission on the structure of the Air Force (secs. 361-367)
The Senate amendment contained a provision (secs. 1701-
1707) that would create a commission to study the appropriate
makeup of the Air Force, considering that the Department of the
Air Force draws upon active duty forces, the Air Force Reserve,
and the Air National Guard.
The House bill contained no similar provision.
The House recedes with an amendment that would have the
commission focus on longer-term decisions, but would not freeze
near-term force structure changes pending the recommendations
of the commission. The amendment would also adjust the
direction to the commission from focusing on maximizing
achievable costs savings to a focus on maximizing and
appropriately balancing affordability, efficiency,
effectiveness, capability, and readiness.
Subtitle H--Other Matters
Military working dog matters (sec. 371)
The House bill contained a provision (sec. 361) that
would require the Secretary of Defense to change the
classification of military working dogs from equipment to
canine members of the armed forces, establish and maintain a
system to provide for the lifetime veterinary care of retired
military working dogs by contracting with a private non-profit
entity, establish policies to ease the cost of transporting
retired military working dogs for the purposes of adoption, and
create a decoration or other recognition for military working
dogs killed in action or that perform meritorious acts in
service to the United States. The provision would also
authorize the service secretaries to transfer retired military
working dogs if no suitable adoption is available at the
military facility where the dog is located.
The Senate amendment contained a provision (sec. 1049)
that would authorize the service secretaries to transfer
retired military working dogs if no suitable adoption is
available at the military facility where the dog is located,
authorize the Secretary of Defense to establish and maintain a
system to provide for the veterinary care of retired military
working dogs, and authorize the recognition of military working
dogs that are killed, wounded, or missing in action and
military working dogs that perform an exceptionally meritorious
or courageous act in service to the United States.
The House recedes with an amendment that would authorize
the service secretaries to transfer retired military working
dogs if no suitable adoption is available at the military
facility where the dog is located, and authorize the Secretary
of Defense to establish and maintain a system to provide for
the veterinary care of retired military working dogs, provided
that no federal government funds are provided for that purpose.
Comptroller General review of handling, labeling, and packaging
procedures for hazardous material shipments (sec. 372)
The House bill contained a provision (sec. 363) that
would require the Comptroller General of the United States to
conduct a review of the policies and procedures of the
Department of Defense (DOD) for handling, labeling and
packaging hazardous material shipments.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect DOD, during the period while the
review by the Government Accountability Office (GAO) is under
way, to continue to ensure the safety of the public and the
security of sensitive and hazardous shipments, and to monitor
driver and carrier performance. Within 60 days of completion of
the GAO review, the Secretary of Defense shall ensure that DOD
re-engages with the Committees on Armed Services of the Senate
and the House of Representatives regarding the appropriate
level of mandatory safety standards. The conferees also intend
that DOD will still conduct the review required by the Item of
Special Interest entitled ``Safety and security standards for
Department of Defense hazardous materials transport'' contained
in Senate Report 112-173 accompanying the National Defense
Authorization Act of 2013 (S. 3254) and report to the
Committees on Armed Services of the Senate and the House of
Representatives within 30 days of the completion of that
review.
Legislative Provisions Not Adopted
Authorization of appropriations of funds for inactivation execution of
the U.S.S. Enterprise
The House bill contained a provision (sec. 302) that
would provide incremental funding authority for inactivating
the U.S.S. Enterprise (CVN-65), and would limit the total
amount to be obligated and expended by the Secretary of the
Navy for this activity to no more than $708.0 million.
The Senate amendment contained no similar provision.
The House recedes.
Funding of agreements under the Sikes Act
The Senate amendment contained a provision (sec. 312)
that would amend the Sikes Act (16 U.S.C. 670 et seq) to allow
funds committed by the Department of Defense for a cooperative
agreement to be made in a lump sum and retained in an interest
bearing account.
The House bill contained no similar provision.
The Senate recedes.
Modification of definition of chemical substance
The House bill contained a provision (sec. 312) that
would modify the definition of chemical substance contained in
section 2602 of title 15, United States Code, known as the
Toxic Substances Control Act.
The Senate amendment contained no similar provision.
The House recedes.
Exemption of Department of Defense from alternative fuel procurement
requirement
The House bill contained a provision (sec. 313) that
would exempt the Department of Defense from section 526 of the
Energy Independence and Security Act of 2007 (Public Law 110-
140), regarding greenhouse gas emissions.
The Senate amendment contained no similar provision.
The House recedes.
Southern sea otter military readiness areas
The House bill contained a provision (sec. 316) that
would, among other things, create military readiness areas near
the coast of southern California.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress regarding decontamination of former bombardment area
on island of Culebra, Puerto Rico
The House bill contained a provision (sec. 318) that
would express the sense of Congress regarding the former
bombardment area on the island of Culebra, Puerto Rico.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Committees on Armed Services
of the Senate and the House of Representatives have received
the report required by Section 2815 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383). The U.S. Navy used parts of Culebra as a bombardment area
for several decades before the property was transferred by deed
from the United States to the Commonwealth of Puerto Rico in
1982 at the Commonwealth's request. The report identified the
Former Bombardment Area on the island of Culebra as priority 2
when applying the Munitions Response Site Prioritization
Protocol to identify the relative risks posed, which is the
highest relative risk ranking possible for a Munitions Response
Site that is known or suspected to contain only conventional
military munitions. Therefore, the conferees encourage the
Department of Defense to continue working with the Commonwealth
of Puerto Rico to address unexploded munitions for the
protection of the public who visit the area, specifically
Flamenco Beach, Carlos Rosario Trail and Beach, and Tamarindo
Beach.
Sense of Congress regarding the performance of commercially available
activities by Department of Defense civilian employees
The House bill contained a provision (sec. 323) that
would express the sense of Congress regarding the performance
of commercially available activities by Department of Defense
civilian employees.
The Senate amendment contained no similar provision.
The House recedes.
Center of Excellence for the National Guard State Partnership Program
The House bill contained a provision (sec. 334) that
would amend chapter 5 of title 32, United States Code, by
authorizing the Chief of the National Guard Bureau to maintain
a Center of Excellence for the National Guard State Partnership
Program to provide training opportunities for units and members
of the active and reserve components for the purpose of
improving the skills for such units and members when deployed
to complete the mission of the State Partnership Program.
The Senate amendment contained no similar provision.
The House recedes.
Comptroller General of the United States report reviewing methodology
of Department of Defense relating to costs of performance by
civilian employees, military personnel, and contractors
The House bill contained a provision (sec. 345) that
would require the Comptroller General to review Department of
Defense methodology relating to costs of performance by
civilian employees, military personnel, and contractors.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to conduct a
review of Department of Defense Directive-Type Memorandum 09-
007 entitled ``Estimating and Comparing the Full Costs of
Civilian and Military Manpower and Contractor Support'' or
successor guidance to determine whether the methodology used in
the memorandum reflects the actual, relevant, and quantifiable
costs to taxpayers of performance by Federal civilian
employees, military personnel, and contractors. In conducting
this review, the conferees expect the Comptroller General to
consult with appropriate officials in the Department of
Defense, to include, at a minimum, the Under Secretary of
Defense for Personnel and Readiness, the Director of Cost
Assessment and Program Evaluation, and the Office of Management
and Budget, and with experts and interested parties in the
private sector. The conferees direct the Comptroller General to
submit a report including his findings and recommendations to
the congressional defense committees by not later than 270 days
after the date of the enactment of this Act. The report shall
contain the results of the review and make recommendations for
any statutory or policy changes that the Comptroller General
determines are necessary to ensure that the memorandum reviewed
appropriately addresses the actual, relevant, and quantifiable
costs to taxpayers for Federal civilian employees, military
personnel, and contractors.
Report on medical evacuation policies
The House bill contained a provision (sec. 346) that
would require the Secretary of Defense to report on Department
of Defense policies, procedures, and guidelines for helicopter
evacuation of injured service members performed by unarmed Army
helicopters and armed Air Force helicopters. The provision
would also require the Comptroller General to submit to the
congressional defense committees an analysis of this report.
The Senate amendment contained no similar provision.
The House recedes.
The conferees commend the Department of Defense for its
continuous efforts to improve aeromedical evacuation standards
and operations, which have contributed to the highest survival
rate for wounded and ill service members in United States
history.
The conferees direct the Department of Defense to provide
to the Armed Services Committees of the Senate and the House of
Representatives a declassified version of the May 2012 Chairman
of the Joint Chiefs review of aeromedical evacuation procedures
in the United States Central Command area of responsibility. In
addition, the conferees note that the report accompanying the
House bill (H. Rept. 112-479) contains an item of special
interest that directs the Secretary of the Army to establish,
by September 1, 2012, a Department-wide standard that requires
all in-flight medical care providers to be critical care flight
paramedic certified within the next 3 years. The conferees
direct the Army to provide the Committees on Armed Services of
the Senate and the House of Representatives with a briefing on
the status of its compliance with the certification mandates
set forth in the House report, and its plans to continuously
advance the quality and effectiveness of aeromedical evacuation
standards and operations, no later than March 1, 2013.
Report on providing telecommunications services to uniformed personnel
transiting through foreign airports
The House bill contained a provision (sec. 347) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the feasibility of
providing market rate or below-market rate telecommunications
services to service members transiting through foreign airports
while traveling to and from overseas deployments, and to
investigate allegations of telecom companies specifically
targeting uniformed military personnel in transit overseas,
charging them above-market rates for telecom services.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware of instances where U.S. service
members transiting through international airports experienced
unexpectedly high rates for international telephone calls. The
conferees recognize that foreign companies may charge high
rates for operator-assisted international telephone service
back to the United States and are concerned that this practice
is disadvantageous to service members transiting to and from
foreign locations, often returning from overseas deployments.
The conferees expect commanders and the Department to do more
to educate service members about telecommunications rates when
transiting foreign airports and encourage the Department to
provide alternative, lower-cost methods of communication for
service members returning from deployments, where possible.
Survey and report on personal protection equipment needed by members of
the Armed Forces deployed on the ground in combat zones
The House bill contained a provision (sec. 348) that
would require the Secretary of Defense to conduct a survey
among members and former members of the Armed Forces requesting
information related to personal protection equipment.
The Senate amendment contained no similar provision.
The House recedes.
Assistance for homeland defense mission training
The House bill contained a provision (sec. 362) that
would authorize the Secretary of Defense to provide funding
assistance for the operation and maintenance of any State
training center certified by the Federal Emergency Management
Agency as capable of providing emergency response training.
The Senate amendment contained no similar provision.
The House recedes.
Funding for maintenance of force structure of the Air Force pending
commission recommendations
The Senate amendment contained a provision (sec. 1709)
that would authorize an additional $1.4 billion to pay for
additional Air Force force structure required by another
provision in the Senate bill (sec. 1708).
The House bill contained no similar provision.
The Senate recedes.
Air Force assessments of the effects of proposed movements of airframes
on joint readiness training
The Senate amendment contained a provision (sec. 1711)
that would require the Secretary of the Air Force to: (1)
undertake an assessment of the effects of currently proposed
movements of Air Force airframes on Green Flag East and Green
Flag West joint readiness training; and (2) if the Secretary
determines it appropriate, submit to the congressional defense
committees a report setting forth a proposal to make future
replacements of capabilities for purposes of augmenting
training at the joint readiness training center or for such
other purposes as the Secretary considers appropriate.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
assess the effects of the Department of the Air Force force
structure retirements, divestments, and transfers on joint
readiness training, particularly military airlift support and
combined arms combat training exercises with other services,
and to provide the congressional defense committees a report by
April 1, 2013, with the results of Secretary's assessment,
including the Secretary's recommendations for improving
participation in joint training opportunities.
Title IV--Military Personnel Authorizations
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would authorize the following end strengths for active duty
personnel of the armed forces as of September 30, 2013: Army,
552,100; Navy, 322,700; Marine Corps, 197,300; and Air Force,
330,383.
The Senate amendment contained a similar provision (sec.
401) that would authorize active duty end strength for the Air
Force of 329,597.
The Senate recedes with an amendment that would authorize
active duty end strength for the Air Force of 329,460.
End strength levels for the active forces for fiscal year
2013 are set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 --------------------------------------------------------
Service authorized FY 2013 FY 2012
Request Recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army...................................... 562,000 552,100 552,100 0 -9,900
Navy...................................... 325,700 322,700 322,700 0 -3,000
Marine Corps.............................. 202,100 197,300 197,300 0 -4,800
Air Force................................. 332,800 328,900 329,460 560 -3,340
---------------------------------------------------------------------
DOD Total............................. 1,422,600 1,401,000 1,401,560 560 -21,040
----------------------------------------------------------------------------------------------------------------
Revision in permanent active duty end strength minimum levels (sec.
402)
The House bill contained a provision (sec. 402) that
would establish the following minimum end strengths for active
duty personnel as of September 30, 2013: Army, 552,100; Navy,
322,700; Marine Corps, 197,300; and Air Force 330,383.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
minimum active duty end strengths for the Army of 542,700, for
the Marine Corps of 193,500, and for the Air Force of 329,460.
The amendment would also authorize the Secretary of Defense to
reduce end strengths below the minimum levels established in
this section by up to 0.5 percent.
Minimum end strength levels for active duty personnel for
fiscal year 2013 are set forth in the following table:
------------------------------------------------------------------------
FY 2013 Change from
Service FY 2012 ------------------------------
authorized Recommendation FY 2012
------------------------------------------------------------------------
Army........................ 547,400 542,700 -4,700
Navy........................ 325,700 322,700 -3,000
Marine Corps................ 202,100 193,500 -8,600
Air Force................... 332,800 329,460 -3,340
-------------------------------------------
DOD Total............... 1,408,000 1,388,360 -19,640
------------------------------------------------------------------------
Annual limitation on end strength reductions for regular component of
the Army and Marine Corps (sec. 403)
The House bill contained a provision (sec. 403) that
would require the President to submit to Congress as part of
the annual budget a certification that reductions in Army and
Marine Corps end strength would not undermine ability to meet
the requirements of the National Security Strategy, increase
security risks, or compel members to endure diminished dwell
time between deployments. The provision would also limit annual
reductions in Army and Marine Corps end strength to no more
than 15,000 soldiers and 5,000 marines measured from that
service's end strength at the end of the preceding fiscal year.
Finally, the provision would prohibit the use of Overseas
Contingency Operations (OCO) funding to pay for end strength
requirements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
the certification requirement and OCO budgeting restriction.
The conferees remain concerned with the pace of the
planned drawdown of the ground forces while the nation is still
at war, as well as the impact of further defense budget
reductions on personnel accounts. It is imperative that the
Department fully fund its end strength requirements in
accordance with the services' force reduction plans in the
annual budgets through 2017.
Additional Marine Corps personnel for the Marine Corps Security Guard
Program (sec. 404)
The Senate amendment contained a provision (sec. 402)
that would require the Secretary of Defense, in consultation
with the Secretary of State, to 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. The purpose
of the increase is to provide additional end strength and
resources to support enhanced Marine Corps security at
embassies and consulates, and other diplomatic facilities.
The provision would further require the President to
provide certain funding information on the marine security
guard program with the budget submission for fiscal years 2014
through 2017. The provision would require that the Marine Corps
fully resource the embassy security mission without degrading
readiness to fulfill its requirements under the National
Military Strategy prescribed by the Chairman of the Joint
Chiefs of Staff. Finally, the provision would require the
Secretary to submit a report to Congress by October 1, 2013,
and annually thereafter through 2017, on implementation of
program increases required by this provision.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
annual reports through 2017 to one report due no later than
October 1, 2013, and would make other technical and conforming
amendments.
The provision will ensure that the increase in the Marine
Corps security guard program in any year up to 1,000 additional
marines will be authorized and funded over and above end
strength needed for the Marine Corps' core mission
requirements. The conferees believe that enhanced embassy
security and support of the Marine Corps' core missions are
essential, that one mission shall not be funded at the expense
of the other, and that each must be fully resourced in future
budget requests so as not to undermine readiness, as required
by this provision.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel, including the end strengths for reserves on
active duty in support of the reserves, as of September 30,
2013: the Army National Guard of the United States, 358,200;
the Army Reserve, 205,000; the Navy Reserve, 62,500; the Marine
Corps Reserve, 39,600; the Air National Guard of the United
States, 106,005; the Air Force Reserve, 72,428; and the Coast
Guard Reserve, 9,000.
The Senate amendment contained a similar provision (sec.
411) that would authorize end strength for the Air National
Guard of 106,435.
The Senate recedes with an amendment that would authorize
end strengths for the Air National Guard of 105,700 and the Air
Force Reserve of 70,880.
End strength levels for the Selected Reserve for fiscal
year 2013 are set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 --------------------------------------------------------
Service authorized FY 2013 FY 2012
Request Recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard....................... 358,200 358,200 358,200 0 0
Army Reserve.............................. 205,000 205,000 205,000 0 0
Navy Reserve.............................. 66,200 62,500 62,500 0 -3,700
Marine Corps Reserve...................... 39,600 39,600 39,600 0 0
Air National Guard........................ 106,700 101,600 105,700 4,100 -1,000
Air Force Reserve......................... 71,400 70,500 70,880 380 -520
---------------------------------------------------------------------
DOD Total............................. 847,100 837,400 841,880 4,480 -5,220
Coast Guard Reserve....................... 10,000 9,000 9,000 0 -1,000
----------------------------------------------------------------------------------------------------------------
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The House bill contained a provision (sec. 412) that
would authorize the following end strengths for reserves on
active duty in support of the reserve components as of
September 30, 2013: the Army National Guard of the United
States, 32,060; the Army Reserve, 16,277; the Navy Reserve,
10,114; the Marine Corps Reserve, 2,261; the Air National Guard
of the United States, 14,952; and the Air Force Reserve, 2,888.
The Senate amendment contained a similar provision (sec.
412) that would authorize end strength for the Air National
Guard of 14,871.
The Senate recedes with an amendment that would authorize
end strength for the Air National Guard of 14,765.
End strength levels for reserves on active duty in
support of the reserves for fiscal year 2013 are set forth in
the following table:
----------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 --------------------------------------------------------
Service authorized FY 2013 FY 2012
Request Recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard....................... 32,060 32,060 32,060 0 0
Army Reserve.............................. 16,261 16,277 16,277 0 16
Navy Reserve.............................. 10,337 10,114 10,114 0 -223
Marine Corps Reserve...................... 2,261 2,261 2,261 0 0
Air National Guard........................ 14,833 14,305 14,765 460 -68
Air Force Reserve......................... 2,662 2,888 2,888 0 226
---------------------------------------------------------------------
DOD Total............................. 78,414 77,905 78,365 460 -49
----------------------------------------------------------------------------------------------------------------
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 2013: the Army
National Guard of the United States, 27,210; the Army Reserve,
8,395; the Air National Guard of the United States, 22,272; and
the Air Force Reserve, 10,946.
The Senate amendment contained a similar provision (sec.
413) that would authorize the following end strengths for
military technicians (dual status): the Army Reserve, 8,445;
the Army National Guard, 28,380; the Air Force Reserve, 10,716;
and the Air National Guard, 22,313.
The Senate recedes with an amendment that would authorize
end strengths for the Air National Guard of 22,180 and for the
Air Force Reserve of 10,400.
End strength levels for military technicians (dual
status) for fiscal year 2013 are set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 --------------------------------------------------------
Service authorized FY 2013 FY 2012
Request Recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard....................... 27,210 28,380 27,210 -1,170 0
Army Reserve.............................. 8,395 8,445 8,395 -50 0
Air National Guard........................ 22,509 21,101 22,180 1,079 -329
Air Force Reserve......................... 10,777 10,283 10,400 117 -377
---------------------------------------------------------------------
DOD Total............................. 68,891 68,209 68,185 -24 -706
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 limitation on number of non-dual status technicians
(sec. 414)
The House bill contained a provision (sec. 414) that
would establish the following personnel limits for the reserve
components of the Army and Air Force for non-dual status
technicians as of September 30, 2013: the Army National Guard
of the United States, 1,600; the Air National Guard of the
United States, 350; the Army Reserve, 595; and the Air Force
Reserve, 90.
The Senate amendment contained an identical provision
(sec. 414).
The conference agreement includes this provision.
Personnel limitations for non-dual status technicians for
fiscal year 2013 are set forth in the following table:
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 -----------------------------------------------------------------------
Service authorized FY 2012
Request Recommendation FY 2013 request authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army National Guard........................................... 1,600 1,600 1,600 0 0
Air National Guard............................................ 350 350 350 0 0
Army Reserve.................................................. 595 595 595 0 0
Air Force Reserve............................................. 90 90 90 0 0
-----------------------------------------------------------------------------------------
DOD Total................................................. 2,635 2,635 2,635 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum number of reserve personnel authorized to be on active duty for
operational support (sec. 415)
The House bill contained a provision (sec. 415) that
would authorize the maximum number of reserve component
personnel who may be on active duty or full-time National Guard
duty under section 115(b) of title 10, United States Code,
during fiscal year 2013 to provide operational support.
The Senate amendment contained an identical provision
(sec. 415).
The conference agreement includes this provision.
The maximum number of reserve component personnel who may
be on active duty or full-time National Guard duty under
section 115(b) of title 10, United States Code, during fiscal
year 2013 is set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2013 Change from
FY 2012 --------------------------------------------------------
Service authorized FY 2013 FY 2012
Request Recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard....................... 17,000 17,000 17,000 0 0
Army Reserve.............................. 13,000 13,000 13,000 0 0
Navy Reserve.............................. 6,200 6,200 6,200 0 0
Marine Corps Reserve...................... 3,000 3,000 3,000 0 0
Air National Guard........................ 16,000 16,000 16,000 0 0
Air Force Reserve......................... 14,000 14,000 14,000 0 0
---------------------------------------------------------------------
DOD Total............................. 69,200 69,200 69,200 0 0
----------------------------------------------------------------------------------------------------------------
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The House bill contained a provision (sec. 421) that
would authorize appropriations for military personnel at the
levels identified in section 4401 of division D of this Act.
The Senate amendment contained an identical provision
(sec. 421).
The conference agreement includes this provision.
Title V--Military Personnel Policy
Subtitle A--Officer Personnel Policy Generally
Limitation on number of Navy flag officers on active duty (sec. 501)
The House bill contained a provision (sec. 501) that
would amend sections 526 and 5150 of title 10, United States
Code, to eliminate the exemption for the Director of the Nurse
Corps and the Director of the Medical Service Corps from
counting against the statutory limit on Navy flag officers on
active duty and to increase the statutory limit of flag
officers on active duty in the Navy to 161.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to increase the
statutory limit of flag officers on active duty in the Navy to
162 and to change the effective date from October 1, 2013 to
October 1, 2012 for increasing by one the number of Marine
Corps general officers on active duty.
Reinstatement of authority for enhanced selective early retirement
boards and early discharges (sec. 502)
The Senate amendment contained a provision (sec. 501)
that would amend section 638a of title 10, United States Code,
to extend until December 31, 2018, the authority to convene
selection boards to consider the discharge of regular officers
below the grade of lieutenant colonel or commander who have
served on active duty for at least 1 year in their current
grade, are not on a promotion list, and are not eligible for
retirement.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 638a of title 10, United States Code, to extend until
December 31, 2018, the authority for enhanced selective early
retirement boards and early discharges.
Modification of definition of joint duty assignment to include all
instructor assignments for joint training and education (sec.
503)
The Senate amendment contained a provision (sec. 503)
that would amend section 668(b)(1)(B) of title 10, United
States Code, to remove the limitations on the types of
instructors included in the definition of ``joint duty
assignment''.
The House bill contained no similar provision.
The House recedes.
Exception to required retirement after 30 years of service for Regular
Navy Warrant officers in the grade of Chief Warrant Officer, W-
5 (sec. 504)
The House bill contained a provision (sec. 502) that
would amend section 1305(a) of title 10, United States Code, to
increase from 30 years to 33 years the total active military
service a Navy warrant officer in the grade of chief warrant
officer, W-5, may serve prior to being statutorily retired for
length of service.
The Senate amendment contained a similar provision (sec.
502).
The Senate recedes.
Extension of temporary authority to reduce minimum length of active
service as a commissioned officer required for voluntary
retirement as an officer (sec. 505)
The House bill contained a provision (sec. 504) that
would amend sections 3911, 6323, and 8911 of title 10, United
States Code, to extend the authority until September 30, 2018,
for the secretaries of the military departments to reduce from
10 to 8 the number of years of commissioned service required
for a service member to retire as an officer.
The Senate amendment contained no similar provision.
The Senate recedes.
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.
506)
The House bill contained a provision (sec. 505) that
would amend section 1370 of title 10, United States Code, to
authorize the Secretary of Defense to authorize the service
secretaries to reduce the time in grade requirement for
retirement in the grades of lieutenant colonel and colonel in
the Army, Air Force, and Marine Corps and commander and captain
in the Navy from not less than 3 years to not less than 2 years
during fiscal years 2013 through 2018 for up to 4 percent of
the officers in that service serving in that grade.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification to limitations on number of officers for whom service-in-
grade requirements may be reduced for retirement in grade upon
voluntary retirement (sec. 507)
The House bill contained a provision (sec. 506) that
would amend section 1370 of title 10, United States Code, to
increase the number of brigadier generals and major generals of
the Army, Air Force, and Marine Corps and rear admirals (lower
half) and rear admirals of the Navy for whom a reduction of
time in grade for retirement is authorized during fiscal years
2013 through 2017.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to increase to 10
percent of the authorized active duty strength in that grade
the number of brigadier generals and major generals of the
Army, Air Force, and Marine Corps and rear admirals (lower
half) and rear admirals of the Navy for whom a reduction of
time in grade for retirement is authorized during fiscal years
2013 through 2017.
Air Force Chief of Chaplains (sec. 508)
The House bill contained a provision (sec. 503) that
would establish the positions of Chief of Chaplains and Deputy
Chief of Chaplains in the Air Force and require that officers
selected for these positions be recommended by a board of
officers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 805 of title 10, United States Code, to establish the
position of the Chief of Chaplains in the Air Force in the
grade of major general, and require that the officer selected
for this position be recommended by a board of officers that,
insofar as practicable, is subject to the procedures applicable
to selection boards convened under chapter 36, United States
Code.
Subtitle B--Reserve Component Management
Codification of staff assistant positions for Joint Staff related to
National Guard and Reserve matters (sec. 511)
The House bill contained a provision (sec. 511) that
would amend chapter 5 of title 10, United States Code, to
codify the positions of the Assistant to the Chairman of the
Joint Chiefs of Staff for National Guard Matters and the
Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters. The provision would also add a new requirement
that each Assistant to the Chairman have significant joint duty
experience as determined by the Chairman.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Automatic Federal recognition of promotion of certain National Guard
warrant officers (sec. 512)
The House bill contained a provision (sec. 512) that
would automatically extend federal recognition to members of
the National Guard who are promoted from the grade of warrant
officer 1 (W-1) to chief warrant officer 2 (W-2) to fill a
vacancy in a federally recognized unit in the National Guard.
The Senate amendment contained no similar provision.
The Senate recedes.
Availability of Transition Assistance Advisors to assist members of
reserve components who serve on active duty for more than 180
consecutive days (sec. 513)
The Senate amendment contained a provision (sec. 1052)
that would amend chapter 58 of title 10, United States Code, to
require the Secretary of Defense to establish as part of the
Transition Assistance Program a Transition Assistance Advisor
program to provide professionals in each state to assist
certain members of the National Guard in accessing certain
benefits and health care provided by the Department of Defense
and Department of Veterans Affairs.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Chief of the National Guard Bureau to establish a program
to provide Transition Assistance Advisors in each state to
serve as points of contact to assist eligible members of the
reserve components in accessing certain benefits and health
care.
Subtitle C--General Service Authorities
Authority for additional behavioral health professionals to conduct
pre-separation medical exams for post-traumatic stress disorder
(sec. 518)
The House bill contained a provision (sec. 522) that
would amend section 1177(a) of title 10, United States Code, to
expand the scope of providers that may conduct pre-
administrative separation medical examinations for post-
traumatic stress disorder to include licensed clinical social
workers and psychiatric nurse practitioners.
The Senate amendment contained a similar provision (sec.
523).
The Senate recedes with an amendment that would authorize
licensed clinical social workers and psychiatric advanced
practice registered nurses to conduct pre-administrative
separation medical examinations for post-traumatic stress
disorder.
The conferees note that this provision would not affect
the statutory requirement that these examinations be reviewed
by appropriate authorities responsible for reviewing and
approving separation cases.
Diversity in the Armed Forces and related reporting requirements (sec.
519)
The House bill contained a provision (sec. 507) that
would require the Secretary of Defense and Secretary of
Homeland Security in the case of the Coast Guard, to develop
and implement a plan to accurately measure the efforts of the
Department of Defense (DOD) and Department of Homeland Security
(DHS) in the case of the Coast Guard, to achieve a force
reflective of the diverse population of the United States
eligible for military service. The provision would require the
Secretary of Defense and Secretary of Homeland Security to
develop a uniform definition of diversity. Finally, the
provision would require annual reports to the congressional
defense committees on the progress of DOD and DHS in achieving
their diversity goals.
The Senate amendment contained a similar provision (sec.
521) that would require biennial reports to the congressional
defense committees through fiscal year 2017.
The Senate recedes with an amendment that would require
annual reports on the achievement of diversity goals through
fiscal year 2017 and would make other technical and conforming
changes.
Limitation on reduction in number of military and civilian personnel
assigned to duty with service review agencies (sec. 520)
The House bill contained a provision (sec. 662) that
would amend section 1559 of title 10, United States Code, to
extend from December 31, 2013, to December 31, 2016, the
limitation on the reduction in the number of military and
civilian personnel assigned to duty in the service review
agencies of the military departments.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of temporary increase in accumulated leave carryover for
members of the Armed Forces (sec. 521)
The Senate amendment contained a provision (sec. 526)
that would extend until September 20, 2015, the authority for
certain members to carry over 75 days of leave from one fiscal
year to the next, rather than 60.
The House bill contained no similar provision.
The House recedes.
Modification of authority to conduct programs on career flexibility to
enhance retention of members of the Armed Forces (sec. 522)
The House bill contained a provision (sec. 521) that
would amend section 533 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417) to
include full-time active guard and reserve members in the
population eligible for the career intermission pilot program,
to clarify that accrued leave may be carried forward through
the period of inactive service, and to clarify that
participants in the program who become ill or injured during
their period of inactive service may be processed for
retirement or separation under chapters 55 and 61 of title 10,
United States Code.
The Senate amendment contained a similar provision (sec.
522).
The House recedes with a technical amendment.
Prohibition on waiver for commissioning or enlistment in the Armed
Forces for any individual convicted of a felony sexual offense
(sec. 523)
The Senate amendment contained a provision (sec. 527)
that would prohibit the granting of waivers for commissioning
or enlistment in the Armed Forces of an individual who has been
convicted of certain sexual offenses under federal or state
law.
The House bill contained no similar provision.
The House recedes.
Quality review of Medical Evaluation Boards, Physical Evaluation
Boards, and Physical Evaluation Board Liaison Officers (sec.
524)
The Senate amendment contained a provision (sec. 753)
that would require the Secretary of Defense to standardize,
assess, and monitor the quality assurance programs of the
military departments to evaluate the performance of medical
evaluation boards, physical evaluation boards, and physical
evaluation board liaison officers.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Reports on involuntary separation of members of the Armed Forces (sec.
525)
The Senate amendment contained a provision (sec. 524)
that would require the service secretaries to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than 30 days after the end of each
quarter of the calendar year in 2013 and 2014, a report on
members of the regular components who were involuntarily
separated from active duty.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
report to service members involuntarily separated from active
duty for reasons other than for cause and would require the
report not later than 30 days after the end of each 6-month
period during calendar years 2013 and 2014.
Report on feasibility of developing gender-neutral occupational
standards for military occupational specialties currently
closed to women (sec. 526)
The House bill contained a provision (sec. 526) that
would require the Secretary of Defense to submit to the
congressional defense committees a report evaluating the
feasibility of incorporating gender-neutral occupational
standards for military occupational specialties currently
closed to women.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on education and training and promotion rates for pilots of
remotely piloted aircraft (sec. 527)
The Senate amendment contained a provision (sec. 942)
that would require the Secretary and the Chief of Staff of the
Air Force to provide a report to the congressional defense
committees by January 31, 2013, on remotely piloted aircraft
(RPA) pilot promotion and education rates.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
due date for the report to 180 days after the date of enactment
of this Act.
Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet mission
requirements (sec. 528)
The House bill contained a provision (sec. 404) that
would require that members within the Integrated Disability
Evaluation System (IDES) not count toward the end strength
authorizations for active duty members prescribed for each
fiscal year 2013 through 2018.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the secretary concerned to provide with the President's budget
submission for fiscal years 2014 through 2018 a statement
concerning the degree to which the disability population within
that service impacts that service's readiness to meet on-going
mission requirements and dwell time. The amendment would also
require that the secretary concerned provide a plan to mitigate
any adverse impact.
Subtitle D--Military Justice and Legal Matters
Clarification and enhancement of the role of Staff Judge Advocate to
the Commandant of the Marine Corps (sec. 531)
The House bill contained a provision (sec. 531) that
would amend sections 806(a) (Article 6(a) of the Uniform Code
of Military Justice), 5041, and 5046(a) of title 10, United
States Code, to clarify and enhance the role of the Staff Judge
Advocate to the Commandant of the Marine Corps.
The Senate amendment contained a similar provision (sec.
531).
The Senate recedes with a clarifying amendment.
Additional information in reports on annual surveys of the Committee on
the Uniform Code of Military Justice (sec. 532)
The Senate amendment contained a provision (sec. 532)
that would amend section 946 of title 10, United States Code
(article 146 of the Uniform Code of Military Justice (UCMJ)),
to require the Code Committee to address the following
additional matters in its annual report: compliance with
processing time goals; cases in which court-martial convictions
are reversed as a result of command influence or denial of the
right to a speedy review; any provision of the UCMJ that is
held unconstitutional; developments in appellate case law
relating to courts-martial involving allegations of sexual
misconduct; issues associated with implementing legislatively
directed changes to the UCMJ or the Manual for Courts-Martial;
measures implemented 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; and 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
within their service to perform military justice functions.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Code Committee to address the following additional matters
in its annual report: compliance with processing time goals;
cases in which court-martial convictions are reversed as a
result of command influence or denial of the right to a speedy
review; any provision of the UCMJ that is held
unconstitutional; measures implemented 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; and 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
within their service to perform military justice functions.
Protection of rights of conscience of members of the Armed Forces and
chaplains of such members (sec. 533)
The House bill contained a provision (sec. 536) that
would require the armed forces to accommodate the moral
principles and religious beliefs of service members concerning
appropriate and inappropriate expression of human sexuality and
would prohibit use of such conscience, principles, or beliefs
as the basis of any adverse personnel action, discrimination,
or denial of promotion, schooling, training, or assignment. The
provision would also prohibit any member of the armed forces
from directing, ordering, or requiring a chaplain to perform
any duty, rite, ritual, ceremony, service, or function that is
contrary to the conscience, moral principles, or religious
beliefs of the chaplain, or contrary to the moral principles
and religious beliefs of the endorsing faith group of the
chaplain; or discriminating or taking any adverse personnel
action against a chaplain on the basis of the refusal by the
chaplain to comply with any such direction, order, or
requirement.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the armed forces to accommodate the beliefs of a service member
reflecting the conscience, moral principles, or religious
beliefs of the member and, insofar as practicable, would
prohibit use of such beliefs as the basis of any adverse
personnel action, discrimination, or denial of promotion,
schooling, training, or assignment. The amendment would also
prohibit a member of the armed forces from requiring a chaplain
to perform any rite, ritual, or ceremony that is contrary to
the conscience, moral principles, or religious beliefs of the
chaplain, or discriminating or taking adverse personnel actions
against a chaplain for failing to comply with a requirement to
perform any rite, ritual, or ceremony that is contrary to the
conscience, moral principles, or religious beliefs of the
chaplain.
The conferees intend to accommodate the beliefs of
service members, but preserve the authority to take
disciplinary or administrative action for speech or conduct
that violates the Uniform Code of Military Justice, including
actions and speech that threaten good order and discipline.
Reports on hazing in the Armed Forces (sec. 534)
The House bill contained a provision (sec. 535) that
would require the Secretary of Defense to provide a briefing by
May 1, 2013, to the Committees on Armed Services of the Senate
and the House of Representatives on efforts by the Department
of Defense and the Coast Guard to prevent hazing of members of
the armed forces and to respond to and resolve alleged hazing
incidents involving members of the armed forces.
The Senate amendment contained a provision (sec. 543)
that would require the service secretaries, in consultation
with their respective service chiefs, and the Secretary of
Homeland Security for the Coast Guard when it is not operating
as a service in the Navy, to submit a report not later than 180
days after the date of enactment of this Act on hazing in their
service.
The House recedes with an amendment that would require
the service secretaries, and the Secretary of Homeland Security
in the case of the Coast Guard, to submit the report to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives. The amendment would also require the report to
include an evaluation of the definition of hazing and an
assessment of the feasibility of establishing a database to
track, respond to, and resolve hazing incidents.
Subtitle E--Member Education and Training Opportunities and
Administration
Transfer of Troops-to-Teachers Program from Department of Education to
Department of Defense and enhancements to the Program (sec.
541)
The House bill contained a provision (sec. 541) that
would amend chapter 58 of title 10, United States Code, to
transfer responsibility and authority for operation and
administration of the Troops-to-Teachers Program from the
Department of Education to the Department of Defense and
enhance the program.
The Senate amendment contained a provision (sec. 563)
that would enhance the Troops-to-Teachers program.
The Senate recedes with an amendment that would transfer
and enhance the Troops-to-Teachers program.
Support of Naval Academy athletic and physical fitness programs (sec.
542)
The House bill contained a provision (sec. 542) that
would amend chapter 603 of title 10, United States Code, to
authorize the Secretary of the Navy to enter into agreements,
including collaborative agreements, with the Naval Academy
Athletic Association to manage any aspect of the athletic and
physical fitness programs of the Naval Academy.
The Senate amendment contained a similar provision (sec.
553) that would authorize the Secretary of the Navy to enter
into contracts, cooperative agreements, and leases with the
Naval Academy Athletic Association for the purpose of
supporting the athletic and physical fitness programs of the
Naval Academy.
The House recedes with a clarifying amendment.
Expansion of Department of Defense pilot program on receipt of civilian
credentialing for military occupational specialty skills (sec.
543)
The House bill contained a provision (sec. 544) that
would amend section 558 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) to expand the
pilot program on receipt of civilian credentialing for skills
required for military occupational specialties.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
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. 544)
The Senate amendment contained a provision (sec. 1099B)
that would amend section 4102A of title 38, United States Code,
to authorize the Secretary of Veterans Affairs to require
states that accept certain funds for veterans' employment and
training to consider military training and experience when
granting state certifications and licenses for nursing
assistants, commercial drivers' licenses, and emergency medical
technicians.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to require consideration of military training and
experience when granting state certifications and licenses for
nonemergency medical professionals, emergency medical
professionals, and commercial driver's licenses and would
require the Secretary to publish certain information on the
Internet website of the Department of Veterans Affairs.
Department of Defense review of access to military installations by
representatives of institutions of higher education (sec. 545)
The House bill contained a provision (sec. 543) that
would require the Inspector General of the Department of
Defense to conduct a review to determine the extent of the
access that representatives of for-profit educational
institutions have to military installations and whether there
are adequate safeguards in place to regulate such access.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a review to assess the
extent of access that representatives of institutions of higher
education have to military installations and to submit a report
on the results of this review to the Committees on Armed
Services of the Senate and the House of Representatives not
later than 270 days after the date of enactment of this Act.
Report on Department of Defense efforts to standardize educational
transcripts issued to separating members of the Armed Forces
(sec. 546)
The Senate amendment contained a provision (sec. 561)
that would require the Secretary of Defense to submit a report
not later than 90 days after the date of enactment of this Act
to the Committees on Armed Services of the Senate and the House
of Representatives 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.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to be submitted not later than 180 days after the
date of enactment of this Act.
Comptroller General of the United States reports on joint professional
military education matters (sec. 547)
The Senate amendment contained a provision (sec. 562)
that would require the Comptroller General to conduct a study
of Joint Professional Military Education and research
institutions.
The House bill contained no similar provision.
The House recedes.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Repeal of requirement for eligibility for in-State tuition of at least
50 percent of participants in Senior Reserve Officers' Training
Corps program (sec. 551)
The Senate amendment contained a provision (sec. 556)
that would amend section 2107(c)(1) of title 10, United States
Code, to repeal the requirement that at least 50 percent of
midshipmen and cadets appointed under section 2107 of title 10,
United States Code, qualify for and receive in-state tuition
rates at their respective institutions.
The House bill contained no similar provision.
The House recedes.
Consolidation of military department authority to issue arms, tentage,
and equipment to educational institutions not maintaining units
of Junior Reserve Officers' Training Corps (sec. 552)
The Senate amendment contained a provision (sec. 558)
that would amend chapter 102 of title 10, United States Code,
to consolidate under one section of law all military department
authority to issue arms, tentage, and equipment to educational
institutions not maintaining units of the Junior Reserve
Officers' Training Corps.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of requirements on plan to increase the number of units of
the Junior Reserve Officers' Training Corps (sec. 553)
The Senate amendment contained a provision (sec. 557)
that would amend section 548 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417) to modify the requirement that the Secretary of Defense
develop and implement a plan to establish and support not less
than 3,700 units of the Junior Reserve Officers' Training Corps
(JROTC) not later than September 30, 2020, to a requirement for
not less than 3,000 and not more than 3,700 units by September
30, 2020; to authorize service secretaries to determine that
all support provided to youth development programs in the armed
forces is consistent with funding limitations and the
achievement of the objectives of such programs; and to change
the due date for required annual reports after 2012 to not
later than March 31 of 2015, 2018, and 2020.
The House bill contained no similar provision.
The House recedes with an amendment to require the
Secretary of Defense to submit to the congressional defense
committees not later than March 31, 2013, a revised plan for
the development and support of JROTC units.
Comptroller General report on Reserve Officers' Training Corps programs
(sec. 554)
The Senate amendment contained a provision (sec. 560)
that would require the Comptroller General of the United States
to submit to the congressional defense committees not later
than 270 days after the date of enactment of this Act a report
on: (1) whether the Reserve Officers' Training Corps (ROTC)
programs of the Departments of the Army, Navy, and Air Force
are effectively meeting current and projected requirements for
newly commissioned officers in the armed forces, (2) the cost-
effectiveness and productivity of current ROTC programs; and
(3) the adequacy of current oversight and criteria for closure
of ROTC programs.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Continuation of authority to assist local educational agencies that
benefit dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 561)
The House bill contained a provision (sec. 561) that
would authorize $25.0 million for continuation of the
Department of Defense (DOD) assistance program to local
educational agencies (LEAs) that are impacted by the enrollment
of dependent children of military members and DOD civilian
employees. The provision would also authorize $5.0 million for
assistance to LEAs with significant changes in enrollment of
school-aged dependents of military members and civilian
employees due to base closures, force structure changes, or
force relocations.
The Senate amendment contained a provision (sec. 572)
that would authorize $25.0 million for the assistance program
to LEAs impacted by the enrollment of dependent children of
military members and civilian employees.
The Senate recedes with an amendment that would authorize
$25.0 million for continuation of the assistance program to
LEAs that are impacted by the enrollment of dependent children
of military members and DOD civilian employees. The amendment
would also authorize $5.0 million for assistance to LEAs with
significant changes in enrollment of school-aged dependents of
military members and civilian employees due to base closures,
force structure changes, or force relocations, and extend for 2
years the authority to provide such assistance. Additionally,
an obsolete funding reference would be repealed.
The conferees note that for more than two decades,
Congress has authorized and appropriated DOD funds to
supplement the federal Impact Aid program administered by the
U.S. Department of Education, which provides assistance to
local school districts with concentrations of federally
connected children, including those who reside on Indian lands
and military bases, and compensates school districts that have
lost tax revenue because federal land is exempt from local
property taxes. DOD Impact Aid funds are authorized for
districts in which military dependents make up at least 20
percent of average daily attendance, assistance for children
with severe disabilities, and assistance for school districts
significantly affected by base realignment and closure or
relocation of military units.
In a March 2011 report, the Comptroller General found
that, ``Little is known about the specific use and
effectiveness of DOD Impact Aid and there are no national data
on military dependent students as a group'' (``Education of
Military Dependent Students: Better Information Needed to
Assess Student Performance'' (GAO-11-231)).
The conferees note that supplemental funding for LEAs has
never been requested by DOD and comes at a cost by drawing from
funds required for military readiness and operations, and
believe that in light of current fiscal challenges faced by
DOD, the availability of information on the effective use of
funds realigned from readiness to supplement other federal
assistance programs takes on greater importance. Therefore, the
conferees direct DOD to continue its work with the U.S.
Department of Education to obtain data on student performance
for military connected children based on its commitment, noted
in the January 2011 report titled ``Strengthening Our Military
Families,'' and to work in collaboration with the congressional
defense committees to identify effective strategies for the use
of supplemental assistance to LEAs to improve academic
performance by and support of military connected children,
including those with severe disabilities, for future
consideration by Congress should DOD funds be made available
for this purpose.
Impact Aid for children with severe disabilities (sec. 562)
The Senate amendment contained a provision (sec. 571)
that would authorize $5.0 million in Operation and Maintenance,
Defense-wide, for Impact Aid payments for children with
disabilities using the criteria set forth in section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398), for continuation of Department
of Defense assistance to local educational agencies that
benefit eligible military dependents with severe disabilities.
The House bill contained no similar provision.
The House recedes.
Amendments to the Impact Aid program (sec. 563)
The Senate amendment contained a provision (sec. 573)
that would amend title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.) to: simplify the
calculation to determine the payment owed to federal property
districts and establish a foundation payment for eligible
districts; clarify how to calculate eligible children displaced
from housing located on federal property due to renovation,
rebuilding, or demolition; and accelerate the deadline for the
Department of Education to make final payments to districts.
The House bill contained no similar provision.
The House recedes with an amendment that would: provide a
second option when determining a school district's foundation
payment, expedite past year foundation payments, and clarify
foundation payments for districts determined eligible after
fiscal year 2010; and clarify the process whereby eligibility
determinations for displaced children are made in order to
allow payments to be finalized more quickly, and remove
references to ``demolition''. The amendment would sunset after
2 years, after which the provisions would be repealed.
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. 564)
The House bill contained a provision (sec. 562) that
would amend section 1059 of title 10, United States Code, to
include children who were carried during pregnancy at the time
of a dependent abuse offense within the program to provide
transitional compensation for spouses and dependents of service
members separated for such offenses. The provision would also
clarify that spouses and dependents who are not residing with
the service member at the time of the abuse offense are
eligible for the compensation.
The Senate amendment contained a similar provision (sec.
661).
The House recedes with a technical amendment.
Modification of authority to allow Department of Defense domestic
dependent elementary and secondary schools to enroll certain
students (sec. 565)
The House bill contained a provision (sec. 563) that
would authorize the dependent of an active duty service member
or federal employee who had been enrolled in the overseas
defense dependents' education school system and was evacuated
to enroll in a Department of Defense (DOD) domestic elementary
and secondary education school near the safe haven where they
were evacuated, for the duration of the school year. The
provision would also authorize the dependent of an active duty
service member who was enrolled in the defense dependents'
education school system overseas who, upon returning to the
United States, is enrolled in an elementary or secondary school
operated by a local educational agency to enroll in the DOD
Education Activity Virtual School on a tuition-paying basis.
The Senate amendment contained a provision (sec. 575)
that would authorize the tuition-free enrollment in DOD
elementary and secondary schools for dependents who have left a
school overseas pursuant to an authorized departure or
evacuation order and whose safe haven location is within
commuting distance of a DOD school. The provision would also
authorize the Secretary of Defense to allow the enrollment of
dependents of active duty service members located in the United
States who are transitioning from a DOD overseas school to be
able to take courses in the DOD Education Activity Virtual
School on a tuition-paying basis.
The Senate recedes with an amendment that would authorize
the dependent of an active duty service member or federal
employee who had been enrolled in the overseas defense
dependents' education school system and was evacuated to enroll
in a DOD domestic elementary and secondary education school
near the safe haven where they were evacuated. Such enrollment
would be limited only for the duration of the school year,
unless waived by the Secretary of Defense. The provision would
also authorize the dependent of an active duty service member
who was enrolled in the defense dependents' education school
system overseas who, upon returning to the United States, is
enrolled in an elementary or secondary school operated by a
local educational agency to enroll in the DOD Education
Activity Virtual School on a tuition-paying basis.
Noncompetitive appointment authority regarding certain military spouses
(sec. 566)
The Senate amendment contained a provision (sec. 574)
that would codify and expand existing authority for
noncompetitive hiring in the civilian workforce of certain
military spouses. Under current regulations (5 C.F.R. 315.612),
spouses of active duty service members on permanent change of
station orders, spouses of 100 percent disabled service members
injured while on active duty, and unremarried widows or
widowers of a service member who was killed on active duty are
eligible for noncompetitive appointments. This provision would
expand this hiring authority to all military spouses who
relocate to a service member's permanent duty station, remove
the 2 year limitation on length of hiring eligibility for
spouses who relocate, and specify use of the Department of
Veterans Affairs' schedule for rating disabilities to determine
a 100 percent disability-rating.
The House bill contained no similar provision.
The House recedes with several clarifying amendments
stating that: in order to be eligible, a relocating spouse of a
service member must be married to the member on or prior to the
permanent change of station of the member; the single
appointment per duty station limitation applies to a permanent
appointment; and specifying the rules regarding the spouse of a
disabled or deceased service member.
Report on future of family support programs of the Department of
Defense (sec. 567)
The Senate amendment contained a provision (sec. 577)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on the anticipated
future of Department of Defense and service family support
programs over the next 5 years. The report would include an
assessment by the Secretary of the Army of the Family Readiness
Support Assistant (FRSA) program and a description of any
planned or anticipated changes to that program.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a report on the anticipated future of Department of
Defense and service family support programs over the next 5
years.
The conferees note that service members have raised
concerns over the future of the Army's FRSA program and request
that the Secretary ensure that a detailed discussion of the
future plans for the FRSA program are included in this report.
Sense of Congress regarding support for Yellow Ribbon Day (sec. 568)
The House bill contained a provision (sec. 566) that
would express the sense of Congress in support of the goals and
ideals of Yellow Ribbon Day in honor of members of the armed
forces and American civilians serving overseas in defense of
the United States.
The Senate amendment contained a similar provision (sec.
576).
The House recedes with an amendment that would express
the support of Congress for the goals and ideals of Yellow
Ribbon Day in honor of service members and other individuals of
the United States who are serving overseas.
The conferees note that the yellow ribbon is often
recognized as a symbol of support for members of the armed
forces and other American individuals serving overseas apart
from their families and loved ones and that designation of a
Yellow Ribbon Day would serve as an additional reminder for all
people of the United States of the continued sacrifice of these
citizens.
Subtitle H--Improved Sexual Assault Prevention and Response in the
Armed Forces
Armed Forces Workplace and Gender Relations Surveys (sec. 570)
The House bill contained a provision (sec. 578) that
would amend section 481 of title 10, United States Code, to
require the Armed Forces Workplace and Gender Relations Surveys
to solicit information on assaults involving service members.
The provision would also alter the timetable for conducting the
Armed Forces Workplace and Equal Opportunity Surveys and the
Armed Forces Workplace and Gender Relations Surveys.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to retain or recall to active duty reserve component members
who are victims of sexual assault while on active duty (sec.
571)
The House bill contained a provision (sec. 582) that
would amend chapter 1209 of title 10, United States Code, to
authorize members of the reserve components who are alleged
victims of sexual assault committed on active duty to remain on
active duty or to be recalled to active duty for up to 180 days
to complete a line of duty determination.
The Senate amendment contained a similar provision (sec.
541) that would authorize retention on active duty, or recall
to active duty, until completion of the line of duty
determination.
The House recedes with a technical amendment.
Additional elements in comprehensive Department of Defense policy on
sexual assault prevention and response (sec. 572)
The House bill contained a provision (sec. 534) that
would require the service secretaries to establish a record on
the disposition of any report of sexual assault.
The House bill also contained a provision (sec. 573) that
would require that information on sexual assault prevention and
response be prominently posted at specified locations
throughout the Department of Defense.
The House bill also contained a provision (sec. 579) that
would require commanders of certain units to conduct an
organizational climate assessment that includes sexual assault
and equal opportunity elements within 120 days after the
commander assumes command and annually thereafter.
The House bill also contained a provision (sec. 580) that
would require the secretaries of the military departments to
verify and track compliance of commanders in conducting
organizational climate assessments.
The House bill also contained a provision (sec. 585) that
would require the Secretary of Defense to conduct a general
education campaign to notify members of the armed forces
regarding the authorities available for the correction of
military records when a member experiences any retaliatory
personnel action for making a report of sexual assault or
sexual harassment.
The Senate amendment contained a similar provision (sec.
542) that would require additional elements to be included in
the Department of Defense comprehensive sexual assault and
prevention policy.
The Senate amendment also contained a provision (sec.
542(a)(7) that would provide that the revised comprehensive
policy for the Department of Defense sexual assault prevention
and response program include a requirement to assign
responsibility to receive and investigate complaints for the
violation or failure to provide the rights of a crime victim
established by section 3771 of title 18, United States Code, as
applicable to members of the armed forces and civilian
personnel of the Department of Defense.
The House recedes with an amendment that would require
the Secretary of Defense to modify the revised comprehensive
policy for the Department of Defense sexual assault prevention
and response program to include the following new requirements:
(1) that the service secretaries initiate and retain for a
specified period a record on the disposition of allegations of
sexual assault; (2) that commanders of certain commands and
units conduct within 120 days of assuming command and at least
annually thereafter a climate assessment for the purposes of
preventing and responding to sexual assaults; (3) to post and
widely disseminate information about resources available to
report and respond to sexual assaults; and (4) for a general
education campaign to notify service members of the authorities
available for the correction of military records when a member
experiences any retaliatory personnel action for making a
report of sexual assault or sexual harassment.
The conferees note that the Senate report (S. Rept. 112-
173) accompanying the National Defense Authorization Act for
2013 (S. 3254) requires the Secretary of Defense to report to
the Committees on Armed Services of the Senate and the House of
Representatives not later than January 7, 2013, on the
practicability and advisability of extending additional rights
under the Crime Victims' Rights Act (18 U.S.C. 3771) to victims
involved in cases tried by courts-martial and a means for
seeking redress for failure to be afforded such rights.
Establishment of special victim capabilities within the military
departments to respond to allegations of certain special victim
offenses (sec. 573)
The House bill contained a provision (sec. 571) that
would require the secretaries of the military departments to
establish special victim teams for investigation, prosecution,
and victim support in connection with child abuse, serious
domestic violence, or sexual offenses under the Uniform Code of
Military Justice.
The Senate amendment contained a similar provision (sec.
542(a)(1) and (b)).
The Senate recedes with an amendment that would require
the Secretary of Defense to prescribe regulations under which
the service secretaries would be required to establish special
victim capabilities.
Enhancement to training and education for sexual assault prevention and
response (sec. 574)
The House bill contained a provision (sec. 572) that
would require the Secretary of Defense to include sexual
assault prevention and response training in the training for
new or prospective commanders at all levels of command. The
provision would also require that the Department of Defense
sexual assault policy be carefully explained to each new
service member during initial entry and accession training.
The Senate amendment contained a similar provision (sec.
542(a)(3) and (4)).
The Senate recedes.
Modification of annual Department of Defense reporting requirements
regarding sexual assaults (sec. 575)
The House bill contained a provision (sec. 574) that
would amend section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383) to
require the Secretaries of the military departments to include
additional information in the case synopsis portion of the
annual report on sexual assaults.
The Senate amendment contained a similar provision (sec.
546).
The Senate recedes with a clarifying amendment that would
require additional information to be included in reports
regarding sexual assaults involving members of the armed forces
beginning with the report required to be submitted by March 1,
2014.
Independent reviews and assessments of Uniform Code of Military Justice
and judicial proceedings of sexual assault cases (sec. 576)
The House bill contained a provision (sec. 533) that
would require the Secretary of Defense to establish an
independent panel to conduct a review and assessment of
judicial proceedings under the Uniform Code of Military Justice
(UCMJ) involving sexual assault and related offenses in order
to develop potential improvements in such proceedings.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a Response Systems 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 article 120 of
the UCMJ (10 U.S.C. 920) for the purpose of developing
recommendations regarding how to improve the effectiveness of
such systems. The amendment would also require the Secretary to
establish a Judicial Proceedings Panel to conduct an
independent review and assessment of judicial proceedings
conducted under the UCMJ involving adult sexual assault and
related offenses for the purpose of developing recommendations
for improvements to such proceedings.
The conferees acknowledge the progress made by the
Department of Defense in developing policies, programs, and
tracking of the crime of sexual assault. The conferees view the
purpose of the panels established by this section as a means to
achieve a greater understanding of sexual assault in the
military and how effectively sexual assault is addressed
through the UCMJ as well as to identify any needed reforms in
systems used to investigate, prosecute, and adjudicate the
crime of sexual assault.
The conferees expect the Response Systems Panel to
conduct a comprehensive review that will provide the conferees
and the Department of Defense with a factual basis for making
reforms to the systems used to investigate, prosecute and
adjudicate adult sexual assault offenses under Article 120 the
UCMJ. This panel, among other things, shall address issues such
as: (1) how the military system for adjudicating sexual assault
offenses compares to civilian systems in terms of protections
for defendants and mitigation of potential punishments; (2) the
impact of the method for selection of court members for trials
by court-martial when compared to jury selection in civilian
courts; (3) why victims are reluctant to report that they have
been sexually assaulted; (4) the adequacy and appropriateness
of medical care and legal support provided to victims of sexual
assault; (5) whether medical records and rape kits are properly
preserved; (6) allegations that commanders are unresponsive or
indifferent to reports of sexual assault; (7) assertions that
measures other than courts-martial are used inappropriately to
address allegations of sexual assault or to shield alleged
perpetrators who are considered superior performers; (8) the
allegation that commanders are not held accountable for failure
to enforce policies and laws related to adult sexual assault
crimes and for failure to investigate and to hold service
members who commit sexual assaults accountable for their
actions; (9) whether victims of sexual assault who receive
mental health counseling should be required to report such
counseling when seeking a security clearance; (10) whether the
military careers of victims who report sexual assaults are
adversely affected; (11) how Military Rules of Evidence (MRE)
412 (relevance of alleged victim's sexual behavior or sexual
predisposition) and 513 (psychotherapist-patient privilege)
differ from civilian applications in ways that adversely impact
on the willingness of victims to report sexual assaults and
testify in court proceedings; and (12) the unique relationship
between a trainer and trainee in basic military training.
The conferees expect the Judicial Proceedings Panel to
build on the findings of the Response Systems Panel and to
address, among other things: (1) whether MRE 412 and 513 are
correctly applied; (2) the application of the ``good military
character'' defense under MRE 404 and 405; and (3) whether
subjecting victims to cross examination at Article 32, UCMJ,
investigations discourages victims from reporting sexual
assaults or participating in legal proceedings to hold
assailants accountable.
With regard to the support rendered to the panels, the
conferees expect that the department's Sexual Assault and
Prevention Office (SAPRO) will be involved; however, in order
to ensure that the SAPRO will not be diverted from its other
missions, the conferees expect that the primary responsibility
for supporting and resourcing the panels will come from other
department and military service assets.
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. 577)
The Senate amendment contained a provision (sec. 544)
that would require the Secretary of Defense to ensure that
copies of Department of Defense Forms 2910 and 2911 filed in
connection with a restricted report of sexual assault involving
a member of the armed forces are retained for the longer of 50
years or the time provided for the retention of such forms in
connection with unrestricted reports of sexual assault.
The House bill contained no similar provision.
The House recedes with an amendment that would require
retention of these reports at the request of a service member
who files a restricted report of sexual assault.
General or flag officer review of and concurrence in separation of
members of the Armed Forces making an Unrestricted Report of
sexual assault (sec. 578)
The House bill contained a provision (sec. 581) that
would require the Secretary of Defense to conduct a review of
all unrestricted reports of sexual assault made by members of
the armed forces since October 1, 2000, to determine the number
of members who were subsequently separated from the service and
the circumstances of and grounds for such separation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop a policy to require a
general or flag officer to review the circumstances of, and
grounds for, the proposed involuntary separation of any service
member who: (1) made an unrestricted report of a sexual
assault; (2) is recommended for involuntary separation from the
armed forces within 1 year after making the unrestricted report
of a sexual assault; and (3) requests a review on the grounds
that the member believes the recommendation for involuntary
separation was initiated in retaliation for making the report.
The concurrence of the general or flag officer conducting the
review is required in order to separate a member who requests
the review.
Department of Defense policy and plan for prevention and response to
sexual harassment in the Armed Forces (sec. 579)
The House bill contained a provision (sec. 575) that
would require the secretaries of the military departments to
include information on sexual harassment in the annual
Department of Defense report on sexual assault.
The Senate amendment contained a provision (sec. 545)
that would require the Secretary of Defense to develop a
comprehensive policy to prevent and respond to sexual
harassment in the armed forces.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop a comprehensive policy to
prevent and respond to sexual harassment in the armed forces
and to develop a plan to collect information and data regarding
substantiated incidents of sexual harassment involving members
of the armed forces.
Subtitle I--Suicide Prevention and Resilience
Enhancement of oversight and management of Department of Defense
suicide prevention and resilience programs (sec. 580)
The Senate amendment contained a provision (sec. 751)
that would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
establish within the Office of the Secretary of Defense a
position with responsibility for oversight and management of
all suicide prevention and resilience programs and all
preventative behavioral health programs of the Department of
Defense (DOD), including those of the military departments and
the armed forces.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, acting through the Under Secretary of
Defense for Personnel and Readiness, to establish within the
Office of the Secretary of Defense a position with
responsibility for oversight of all suicide prevention and
resilience programs of DOD and each of the military
departments.
Reserve component suicide prevention and resilience program (sec. 581)
The Senate amendment contained a provision (sec. 512)
that would amend chapter 1007 of title 10, United States Code,
to codify the Suicide Prevention and Community Health and
Response Program for National Guard and reserve component
members, to move it from within the Office for Reintegration
Programs to the Office of the Secretary of Defense, and to
repeal subsection (i) of section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
The program would terminate on October 1, 2015.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
chapter 1007 of title 10, United States Code, to codify the
Suicide Prevention and Community Health and Response Program
for National Guard and reserve component members, to require
the Secretary of Defense to provide training on suicide
prevention, resilience, and community healing and response at
Yellow Ribbon Reintegration Program events and activities, to
move the program from within the Office for Reintegration
Programs to the Office of the Secretary of Defense, and to
repeal subsection (i) of section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
The program would terminate on October 1, 2017.
Comprehensive policy on prevention of suicide among members of the
Armed Forces (sec. 582)
The Senate amendment contained a provision (sec. 752)
that would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
develop and implement a comprehensive program on the prevention
of suicide among members of the armed forces.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, acting through the Under Secretary of
Defense for Personnel and Readiness, to develop within the
Department of Defense a comprehensive policy on the prevention
of suicide among service members.
Study of resilience programs for members of the Army (sec. 583)
The Senate amendment contained a provision (sec. 528)
that would require the Secretary of the Army to carry out a
research program on resilience of members of the Army to
determine the effectiveness of the current Comprehensive
Soldier and Family Fitness Program and to verify the current
Army means to reduce trends in high risk or self-destructive
behavior.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Army to conduct a study of resilience
programs within the Army. The amendment would also require that
the study draw upon professionally accepted measurements and
assessments to evaluate the impact of such programs.
Subtitle J--Other Matters
Issuance of prisoner-of-war medal (sec. 584)
The House bill contained a provision (sec. 551) that
would amend section 1128 of title 10, United States Code, to
eliminate the requirement that foreign armed forces be
``hostile to the United States'' as a prerequisite for
requiring the Secretary concerned to award the prisoner-of-war
(POW) medal to any person taken prisoner or held captive while
serving with the armed forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary concerned, pursuant to uniform regulations
prescribed by the Secretary of Defense, to issue a POW medal to
any person serving with the armed forces under circumstances
which the Secretary concerned finds to have been comparable to
those under which persons have generally been held captive by
enemy armed forces during periods of armed conflict.
The conferees note that the current POW medal statute
contemplates the award only in the context of armed conflict or
other action against an enemy of the United States and requires
issuance of the award in these situations. The conferees
believe this should continue to be the norm. However, the
conferees also recognize that there may be circumstances when
an individual serving with the armed forces is held captive by
other than an enemy armed force, by other than a hostile
nation, or during times other than periods of armed conflict in
conditions comparable to those in which the POW medal is now
required. For this reason, the conferees recommend amendment of
current law to give the service secretaries the authority to
issue an award in appropriate cases where the conditions of
captivity are comparable to those in which a POW is held by
enemy armed forces.
The conferees are aware of the inconsistent application
of the statute by the Department of Defense and the Department
of the Air Force to the U.S. airmen interned at Wauwilermoos,
Switzerland, during World War II. Some internees have been
awarded the medal, while the vast majority have not. In the
conferees' view, this is the result of inconsistent
interpretations of provisions of the current law that would be
removed by this provision. Furthermore, from the information
provided to the conferees, it appears these individuals were
held in conditions comparable to those in which POWs are held
by enemy armed forces. The conferees direct the Secretary of
the Air Force to review the cases of the Wauwilermoos internees
to determine if such an award is merited under the regulations
prescribed by the Secretary of Defense, and to award the medal
in appropriate cases.
Technical amendments relating to the termination of the Armed Forces
Institute of Pathology under defense base closure and
realignment (sec. 585)
The Senate amendment contained a provision (sec. 1099)
that would make technical amendments to the charter of the
American Registry of Pathology in section 177 of title 10,
United States Code, to remove the Armed Forces Institute of
Pathology, which was disestablished under past defense base
closure and realignment actions.
The House bill contained no similar provision.
The House recedes with a technical amendment.
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. 586)
The Senate amendment contained a provision (sec. 559)
that would amend section 983 of title 10, United States Code,
to delete the requirement for the Secretary of Defense to
publish in the Federal Register once every 6 months a list of
each institution of higher education that is ineligible for
contracts and grants because the Secretary has determined that
the institution has a policy or practice that prohibits or
prevents the establishment of a Senior Reserve Officers'
Training Corps (SROTC) unit or a student at that institution
from enrolling in an SROTC unit at another institution of
higher education.
The House bill contained no similar provision.
The House recedes.
Acceptance of gifts and services related to educational activities and
voluntary services to account for missing persons (sec. 587)
The House bill contained a provision (sec. 523) that
would amend section 1501 of title 10, United States Code, to
authorize the Secretary of Defense to accept gratuitous or
voluntary services to assist in accounting for missing
personnel.
The Senate amendment contained a similar provision (sec.
582) that would amend sections 2601(i)(2), 1588(a), and chapter
155 of title 10, United States Code, to authorize the
acceptance of voluntary services to facilitate accounting for
missing persons and to authorize military museums and military
education programs to enter into cooperative agreements with
certain nonprofit entities.
The House recedes with an amendment that would amend
sections 2601 and 1588 of title 10, United States Code, to
authorize the acceptance of services that benefit the education
of service members and their family members, and voluntary
services to facilitate accounting for missing persons.
Display of State, District of Columbia, commonwealth, and territorial
flags by the Armed Forces (sec. 588)
The House bill contained a provision (sec. 1096) that
would amend section 2249b of title 10, United States Code, to
require the Secretary of Defense to 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, Commonwealth of Puerto Rico, United States Virgin
Islands, Guam, American Samoa, and Commonwealth of the Northern
Mariana Islands.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would repeal
the provision in section 2249b of title 10, United States Code,
that prohibits the use of funds to prescribe or enforce any
rule that arbitrarily excludes the official flag of any State,
territory, or possession of the United States from any display
of the flags of the States, territories, and possessions of the
United States at an official ceremony of the Department of
Defense.
Enhancement of authorities on admission of defense industry civilians
to certain Department of Defense educational institutions and
programs (sec. 589)
The Senate amendment contained a provision (sec. 1048)
that would amend section 7049(a) and 9314a(a) of title 10,
United States Code, to authorize enrollment of eligible defense
industry employees in educational programs leading to a
professional continuing education certificate in the Naval
Defense Development Program and the Air Force Institute of
Technology and increase the maximum number of such employees
who may enroll at each educational institution to 250 employees
at any one time.
The House bill contained no similar provision.
The House recedes with an amendment that would retain the
current limit of 125 defense industry employees authorized to
be enrolled in the Naval Defense Development Program and the
Air Force Institute of Technology at any one time and would
require the Secretary of Defense to request an increase in this
limit if the Secretary determines that it is in the best
interest of the Department of Defense.
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. 590)
The Senate amendment contained a provision (sec. 1087)
that would amend section 2023(d) of title 38, United States
Code, to extend for 1 year the authority of the Secretary of
Veterans Affairs and the Secretary of Labor to carry out a
program of referral and counseling services to veterans at risk
of homelessness who are transitioning from certain
institutions.
The House bill contained no similar provision.
The House recedes.
Inspection of military cemeteries under the jurisdiction of Department
of Defense (sec. 591)
The House bill contained a provision (sec. 594) that
would amend section 1(d) of Public Law 111-339 to require the
Inspector General of the Department of Defense, instead of the
Secretary of the Army, to report on the execution of and
compliance with Army Directive 2010-04 on Enhancing the
Operations and Oversight of the Army National Cemeteries
Program, dated June 10, 2010, in fiscal year 2013. The
provision would also amend section 592(d)(2) of Public Law 112-
81 (124 Stat. 3592) to provide the Inspector General of the
Department of Defense and the Secretaries of the military
departments an additional 6 months to meet the inspection and
reporting requirements required by that section.
The Senate amendment contained no similar provision.
The Senate recedes.
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. 592)
The House bill contained a provision (sec. 1070) that
would require the establishment of a Federal Mortuary Affairs
Advisory Commission.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, not later than 180 days after the
date of enactment of this Act, to submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on 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, including a summary
of actions taken as a result of these reviews.
Preservation of editorial independence of Stars and Stripes (sec. 593)
The House bill contained a provision (sec. 591) that
would require the Secretary of Defense to extend the lease for
the commercial office space in the District of Columbia
currently occupied by the editorial staff and management
operations of Stars and Stripes until the Secretary can provide
space in a Government-owned facility located within the
National Capital Region that is geographically remote from the
Defense Media Activity's facilities at Fort Meade, Maryland.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives not later than February 1, 2013, describing the
implementation of this provision.
The conferees expect the Secretary to provide space in a
qualifying Government-owned facility no later than the
termination date of the current lease extension, which is
November 25, 2013. The conferees direct that the current lease
extension shall not be extended further without prior
consultation with the Committees on Armed Services of the
Senate and the House of Representatives.
National public awareness and participation campaign for Veterans'
History Project of American Folklife Center (sec. 594)
The Senate amendment contained a provision (sec. 1098)
that would require the Director of the American Folklife Center
at the Library of Congress to carry out a national public
awareness and participation campaign for the Veterans' History
Project of the American Folklife Center.
The House bill contained no similar provision.
The House recedes.
Report on accuracy of data in the Defense Enrollment Eligibility
Reporting System (sec. 595)
The Senate amendment contained a provision (sec. 584)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives not later than 90 days after the date of
enactment of this Act a plan to improve the completeness and
accuracy of the data contained in the Defense Enrollment
Eligibility Reporting System (DEERS).
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress that the bugle call commonly known as Taps should be
designated as the National Song of Military Remembrance (sec.
596)
The House bill contained a provision (sec. 592) that
would express the sense of Congress that ``Taps'' should be
designated as the National Song of Remembrance.
The Senate amendment contained a similar provision (sec.
1088).
The House recedes.
Legislative Provisions Not Adopted
Sense of Senate on inclusion of assignments as academic instructor at
the military service academies as joint duty assignments
The Senate amendment contained a provision (sec. 504)
that would express the sense of the Senate that the Secretary
of Defense should include assignments in which military
officers are assigned as instructors responsible for preparing
and presenting academic courses on the faculty of the United
States Military Academy, the United States Naval Academy, or
the United States Air Force Academy as joint duty assignments.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to
designate assignments of military officers as instructors on
the faculty of the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy as
the equivalent of a joint duty assignment for the purpose of
satisfying the joint duty requirements established in section
661 of title 10, United States Code.
Authority for appointment of persons who are lawful permanent residents
as officers of the National Guard
The Senate amendment contained a provision (sec. 511)
that would amend section 313(b)(1) of title 32, United States
Code, to authorize a lawful permanent resident to be eligible
for appointment as an officer of the National Guard.
The House bill contained no similar provision.
The Senate recedes.
On-line tracking of certain reserve duty
The House bill contained a provision (sec. 513) that
would require the Secretary of Defense to establish an on-line
means by which members of the Ready Reserve of the Armed Forces
can track their operational active-duty service performed after
January 28, 2008.
The Senate amendment contained no similar provision.
The House recedes.
Report on mechanisms to ease the reintegration into civilian life of
members of the National Guard and Reserves following a
deployment on active duty
The Senate amendment contained a provision (sec. 513)
that would require the Secretary of Defense to conduct a study
of the adequacy of mechanisms for the reintegration into
civilian life of members of the National Guard and Reserves
following a deployment on active duty in the armed forces, and
to report to the congressional defense committees not later
than 180 days after the enactment of this Act on the results of
that study.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the annual Yellow Ribbon
Reintegration Program report, required by section 582 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181) and section 597 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84),
already addresses reintegration issues affecting members of the
National Guard and Reserves.
Authorized leave available for members of the armed forces upon birth
or adoption of child
The House bill contained a provision (sec. 524) that
would increase the number of days of non-chargeable leave from
21 to 42 that a service member may be granted following
adoption of a child. The provision would also provide that the
other service member of a dual military couple be awarded 10
days of non-chargeable leave that could be taken while the
primary caregiver is on adoption leave.
The Senate amendment contained no similar provision.
The House recedes.
Command responsibility and accountability for remains of members of the
Army, Navy, Air Force, and Marine Corps who die outside the
United States
The House bill contained a provision (sec. 525) that
would require the Secretary of Defense to ensure continuous
military command responsibility and accountability for the
remains of each deceased member of the military services who
died outside the United States.
The Senate amendment contained no similar provision.
The House recedes.
Compliance with medical profiles issued for members of the armed forces
The House bill contained a provision (sec. 527) that
would require the Secretary of a military department to ensure
that commanding officers do not prohibit or restrict the
ability of physicians to issue a medical profile and that they
comply with the terms of a medical profile issued to a member
of the armed forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe medical guidance is critical in
advising commanders of potential problems, physical
limitations, and potential situations that could be harmful to
the service member or detrimental to the mission. Medical
officials have the responsibility for documenting medical
determinations and recommendations to commanders in the form of
a profile. Commanders are responsible for assignment of
military duties that are commensurate with the profile. The
conferees expect that commanders will comply with service
regulations and policies regarding assignment of duties to and
deployment of service members who have a medical profile.
Persons who may exercise disposition authority regarding charges
involving certain sexual misconduct offenses under the Uniform
Code of Military Justice
The House bill contained a provision (sec. 532) that
would require the Secretary of Defense to require the
secretaries of the military departments to restrict disposition
authority under the Uniform Code of Military Justice (UCMJ) for
certain sexual offenses to officers who have authority to
convene special courts-martial and who are in the grade of 0-6
(colonel or Navy captain) or higher.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense has
already exercised the authority granted to the Secretary under
Article 22 of the UCMJ to withhold initial disposition
authority from commanders who do not possess at least special
court-martial convening authority and who are not in the grade
of 0-6 (colonel or Navy captain) or higher for specified sexual
offenses under the UCMJ. Elsewhere in this act, an independent
panel is required to monitor the implementation of the
Secretary's policy withholding initial disposition authority.
Use of military installations as sites for marriage ceremonies or
marriage-like ceremonies
The House bill contained a provision (sec. 537) that
would prohibit military installations or other property owned
or rented by, or otherwise under the control of the Department
of Defense, from being used to officiate, solemnize, or perform
a marriage or marriage-like ceremony involving anything other
than the union of one man with one woman.
The Senate amendment contained no similar provision.
The House recedes.
Coordination between Yellow Ribbon Reintegration Program and Small
Business Development Centers
The House bill contained a provision (sec. 538) that
would require the Department of Defense to assist each State to
coordinate services under the Yellow Ribbon Reintegration
Program with Small Business Development Centers.
The Senate amendment contained no similar provision.
The House recedes.
Inclusion of the School of Advanced Military Studies Senior Level
Course as a senior level service school
The Senate amendment contained a provision (sec. 551)
that would amend section 2151(b)(1) of title 10, United States
Code, to authorize the Senior Level Course of the School of
Advanced Military Studies of the Army Command and General Staff
College to offer Joint Professional Military Education Phase II
(JPME II) instruction and credit.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the Senior Level Course of
the School of Advanced Military Studies of the Army Command and
General Staff College is a fellowship of the Army War College.
The conferees recommend that JPME II credit for participants in
this fellowship be awarded through the Army War College.
Award of Purple Heart to members of the armed forces who were victims
of the attacks at recruiting station in Little Rock, Arkansas,
and at Fort Hood, Texas
The House bill contained a provision (sec. 552) that
would require the Secretary concerned to award the Purple Heart
to members of the armed forces who were killed or wounded in
the attacks that occurred at the recruiting station in Little
Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on
November 5, 2009.
The Senate amendment contained a provision (sec. 525)
that would require the Secretary of Defense, in coordination
with the service secretaries, to submit to the Committees on
Armed Services of the Senate and the House of Representatives,
not later than March 1, 2013, a report on the advisability of
modifying the criteria for the award of the Purple Heart to
military personnel, and the Defense Medal of Freedom to
civilian personnel, who are killed or wounded in a terrorist
attack within the United States that is determined to be
inspired by ideological, political, or religious beliefs that
give rise to terrorism.
The conference agreement does not include these
provisions.
Modification of eligibility for associate degree programs under the
Community College of the Air Force
The Senate amendment contained a provision (sec. 552)
that would amend section 9315(b) of title 10, United States
Code, to authorize enlisted members of the armed forces other
than the Air Force participating in joint-service medical
training and education or serving as instructors in such
training and education to participate in associate degree
programs of the Community College of the Air Force (CCAF).
The House bill contained no similar provision.
The Senate recedes.
The House report (H. Rept. 112-78) accompanying the
National Defense Authorization Act for Fiscal Year 2013 (H.R.
1540) requires a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the results
of a review of the feasibility and cost of allowing enlisted
members from the other services, including the U.S. Coast
Guard, to participate in the CCAF's associate degree program.
This briefing, which has not yet been provided, was required
within 180 days after enactment of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81). The
conferees await this briefing before making changes to the
eligibility requirements for the CCAF's associate degree
program.
Advancement of Brigadier General Charles E. Yeager, United States Air
Force (retired) on the retired list
The House bill contained a provision (sec. 553) that
would entitle Brigadier General Charles E. Yeager, United
States Air Force (retired), to hold the rank of major general
while on the retired list of the Air Force.
The Senate amendment contained no similar provision.
The House recedes.
In section 563 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375),
Congress authorized the President to appoint, by and with the
consent of the Senate, Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major
general on the retired list of the Air Force. This
authorization is still in effect.
The conferees encourage the Secretary of Defense to
conduct a good-faith review of Brigadier General Yeager's
outstanding military record to ascertain whether the President
should nominate him for appointment to the grade of major
general on the retired list of the Air Force.
Authorization for award of the Medal of Honor to First Lieutenant
Alonzo H. Cushing for acts of valor during the Civil War
The House bill contained a provision (sec. 554) that
would authorize the President to award the Medal of Honor to
First Lieutenant Alonzo H. Cushing for conspicuous acts of
gallantry and intrepidity at the risk of life and beyond the
call of duty in the Civil War.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that this decision does not prejudice
the final outcome with regard to the award of the Medal of
Honor to First Lieutenant Alonzo Cushing, nor does it preclude
further action by Congress.
Rather, the conferees require a better understanding of
the process used and materials available to the Department of
Defense and the military services for considering Medal of
Honor recommendations for acts of heroism during the Civil War.
The conferees are concerned about the ability to examine events
that occurred nearly 150 years ago and to make individual
determinations in a consistent, equitable, and well-informed
manner.
Therefore, the conferees direct the Secretary of Defense,
in consultation with the service secretaries, to report to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than 90 days after enactment of this
Act, on the process and materials used by review boards for
consideration of Medal of Honor recommendations for acts of
heroism that occurred during the Civil War.
Grade of commissioned officers in uniformed medical accession programs
The Senate amendment contained a provision (sec. 554)
that would amend sections 2114(b) and 2121(c) of title 10,
United States Code, to eliminate the requirement that officers
serve in the grade of 0-1 throughout their medical education.
The House bill contained no similar provision.
The Senate recedes.
Authority for service commitment for reservists who accept fellowships,
scholarships, or grants to be performed in the Selected Reserve
The Senate amendment contained a provision (sec. 555)
that would amend section 2603(b) of title 10, United States
Code, to authorize members of the Selected Reserve to fulfill a
service obligation incurred for acceptance of a fellowship,
scholarship, or grant by serving on active duty for a period of
at least three times the length of the period of the education
or training, or in the Selected Reserve for a period of at
least five times the length of the period of the education or
training.
The House bill contained no similar provision.
The Senate recedes.
Retroactive award of Army Combat Action Badge
The House bill contained a provision (sec. 555) that
would authorize the Secretary of the Army to award the Army
Combat Action Badge to a person who, while a member of the
Army, participated in combat during which the person personally
engaged, or was personally engaged by, the enemy at any time
during the period beginning on December 7, 1941, and ending on
September 18, 2001.
The Senate amendment contained no similar provision.
The House recedes.
Report on Navy review, findings, and actions pertaining to Medal of
Honor nomination of Marine Corps Sergeant Rafael Peralta
The House bill contained a provision (sec. 556) that
would require the Secretary of the Navy to submit to the
Committees on Armed Services of the Senate and House of
Representatives a report describing the Navy review, findings,
and actions pertaining to the Medal of Honor nomination of
Marine Corps Sergeant Rafael Peralta.
The Senate amendment contained no similar provision.
The House recedes.
Protection of child custody arrangements for parents who are members of
the armed forces
The House bill contained a provision (sec. 564) that
would amend title II of the Servicemembers Civil Relief Act (50
U.S.C. App. 521 et seq.) to provide that if a court renders a
temporary custody order based solely on the deployment or
anticipated deployment of a service member, the court shall
require the reinstatement of the prior custody order upon the
return of the servicemember from deployment, unless the court
finds that reinstatement is not in the best interest of the
child. The provision would also prohibit a court from
considering the absence of a servicemember by reason of
deployment, or the possibility of deployment, in determining
the best interest of a child.
The Senate amendment contained no similar provision.
The House recedes.
Treatment of relocation of members of the armed forces for active duty
for purposes of mortgage refinancing
The House bill contained a provision (sec. 565) that
would amend section 303 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 533) to authorize a service member to refinance
a principal residence in circumstances where the service member
was unable to continue residing in the residence by virtue of
receiving permanent change of station orders, or when deployed
or mobilized in support of a military operation for a period of
at least 18 months.
The Senate amendment contained no similar provision.
The House recedes.
Continued submission of progress reports regarding certain incident
information management tools
The House bill contained a provision (sec. 576) that
would require the Secretary of Defense to continue to submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the establishment of the Defense
Incident-Based Reporting System and the Defense Sexual Assault
Incident Database until the Secretary certifies that both
systems are fully functional and operational.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense has
reported that the Defense Incident-Based Reporting System and
the Defense Sexual Assault Incident Database are fully
functional and operational and that the Services are
contributing the necessary information to each system. The
conferees want to ensure that all sexual assault incidents are
accurately documented to facilitate appropriate oversight.
Briefings on Department of Defense actions regarding sexual assault
prevention and response in the armed forces
The House bill contained a provision (sec. 577) that
would require the Secretary of Defense, or the designee of the
Secretary, to brief the Committees on Armed Services of the
Senate and the House of Representatives on the status of
implementation of the sexual assault provisions in the National
Defense Authorization Act for Fiscal Year 2011 (Public Law 112-
81), and other initiatives of the Secretary of Defense and
service secretaries to address sexual assault involving members
of the armed forces.
The Senate amendment contained no similar provision.
The House recedes.
Family briefings concerning accountings for members of the armed forces
and Department of Defense civilian employees listed as missing
The Senate amendment contained a provision (sec. 581)
that would amend section 1501 of title 10, United States Code,
to require the Deputy Assistant Secretary of Defense for
Prisoner of War/Missing Personnel Affairs to conduct periodic
briefings for families of missing persons on Department of
Defense activities to account for those persons.
The House bill contained no similar provision.
The Senate recedes.
Inclusion of information on substantiated reports of sexual harassment
in member's official service record
The House bill contained a provision (sec. 583) that
would require that a notation of substantiated reports of
sexual harassment against a member of the military services be
included in the service record of the member.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on military sexual trauma
The House bill contained a provision (sec. 584) that
would express the sense of the Congress that the Secretary of
Veterans Affairs should expand efforts to raise awareness about
military sexual trauma and the treatment and services that the
Department provides to victims.
The Senate amendment contained no similar provision.
The House recedes.
In light of the fact that the available data shows an
overwhelming number of military sexual trauma claims go
unreported within the Department of Defense, making it very
difficult for veterans to show proof of the assault when filing
claims with the Department of Veterans Affairs for post-
traumatic stress disorder and other mental health conditions
caused by military sexual trauma, the conferees believe the
Secretary of Veterans Affairs should review the disability
process to ensure that victims of military sexual trauma who
file claims for service connection do not face unnecessary or
overly burdensome requirements in order to claim disability
benefits with the Department. The conferees also encourage the
Secretary of Defense and the Secretary of Veterans Affairs to
expand efforts to raise awareness about treatment and services
provided to victims of sexual assault.
Posthumous honorary promotion of Sergeant Paschal Conley to second
lieutenant in the Army
The Senate amendment contained a provision (sec. 585)
that would authorize the President to issue an appropriate
posthumous honorary commission promoting Sergeant (retired)
Paschal Conley to second lieutenant in the Army.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the President has authority to
issue this posthumous commission pursuant to Article II,
Section 2 of the Constitution of the United States.
Department of Defense Sexual Assault and Harassment Oversight and
Advisory Council
The House bill contained a provision (sec. 586) that
would amend chapter 7 of title 10, United States Code, to
establish a Sexual Assault and Harassment Oversight and
Advisory Council.
The Senate amendment contained no similar provision.
The House recedes.
Inclusion of freely associated states within scope of Junior Reserve
Officers' Training Corps Program
The House bill contained a provision (sec. 590) that
would amend section 2031(a) of title 10, United States Code, to
authorize service secretaries to establish and maintain Junior
Reserve Officers' Training Corps units at qualifying secondary
educational institutions in the Federated States of Micronesia,
the Republic of the Marshall Islands, or the Republic of Palau.
The Senate amendment contained no similar provision.
The House recedes.
Recommended conduct during sounding of bugle call commonly known as
``Taps''
The House bill contained a provision (sec. 593) that
would amend chapter 3 of title 36, United States Code, to
establish the recommended conduct of persons during the
sounding of the bugle call known as ''Taps''.
The Senate amendment contained no similar provision.
The House recedes.
Pilot program to provide transitional assistance to members of the
armed forces with a focus on science, technology, engineering,
and mathematics
The House bill contained a provision (sec. 595) that
would authorize the Secretary of Defense to conduct pilot
programs to provide transitional assistance to members of the
armed forces with a focus on science, technology, engineering
and mathematics.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are encouraged by the Department of
Defense, Department of Veterans Affairs, and Department of
Labor revised Transition Assistance Program that will provide a
structured, integrated transition model with a goal of career
readiness for military personnel as they transition out of
military service. The conferees recognize that the fields of
science, technology, engineering and mathematics offer
critically needed opportunities for job growth and American
competitiveness, and urge that the revised plan include
elements to encourage transitioning service members to acquire
and develop these skills.
Sense of Congress regarding the recovery of the remains of certain
members of the armed forces killed in Thurston Island,
Antarctica
The House bill contained a provision (sec. 596) that
would express the sense of the Congress reaffirming its support
for the recovery and return to the United States of the remains
of crewmembers who died as a result of the crash of a Navy
aircraft known as George One over Thurston Island, Antarctica.
The provision would also encourage the Department of Defense to
review the facts and research pertaining to the crash and to
pursue new efforts to achieve this goal.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Navy previously assessed the
feasibility of recovering the George One crew and, owing to the
location of the crash, logistics support, climate in the
region, potential hazard to the recovery team, and cost,
determined that the difficulty and risk involved with a
recovery is too great, and therefore designated the George One
to be the final resting place of those who lost their lives in
the crash.
Report on effects of multiple deployments
The House bill contained a provision (sec. 597) that
would require the Secretary of Defense to submit to Congress a
report on the effects of multiple deployments on the well-being
of military personnel and any recommended changes to health
evaluations prior to redeployments.
The Senate amendment contained no similar provision.
The House recedes.
Establishment of chain of command for Army National Military Cemeteries
The House bill contained a provision (sec. 598) that
would require the Secretary of the Army to establish a chain of
command for the Army National Military Cemeteries, to include a
military commander of the Army National Military Cemeteries to
replace the current civilian director upon the termination of
the tenure of the director.
The Senate amendment contained no similar provision.
The House recedes.
Military salute during recitation of pledge of allegiance by members of
the Armed Forces not in uniform and by veterans
The House bill contained a provision (sec. 599) that
would amend section 4 of title 4, United States Code, to
authorize members of the armed forces not in uniform and
veterans to render the military salute during the recitation of
the pledge of allegiance.
The Senate amendment contained no similar provision.
The House recedes.
Title VI--Compensation and Other Personel Benefits
Subtitle A--Pay and Allowances
Fiscal year 2013 increase in military basic pay (sec. 601)
The House bill contained a provision (sec. 601) that
would authorize a pay raise for members of the uniformed
services of 1.7 percent effective January 1, 2013. This across-
the-board pay raise is equal to the Administration request.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of authority to provide temporary increase in rates of basic
allowance for housing under certain circumstances (sec. 602)
The Senate amendment contained a provision (sec. 603)
that would extend for 1 year the authority of the Secretary of
Defense to temporarily increase the rate of basic allowance for
housing in areas impacted by natural disasters or experiencing
a sudden influx of personnel.
The House bill contained no similar provision.
The House recedes.
Basic allowance for housing for two-member couples when one member is
on sea duty (sec. 603)
The House bill contained a provision (sec. 602) that
would authorize certain uniformed service members in a pay
grade below E-6, who are assigned to sea duty, and who are
married to another uniformed service member to receive a basic
allowance for housing (BAH) in circumstances where they
currently do not qualify. Current law requires that both
married members be in a pay grade below E-6, have no
dependents, and be simultaneously assigned to sea duty.
The Senate amendment contained no similar provision.
The Senate recedes.
Rates of basic allowance for housing for members performing active
Guard and Reserve duty (sec. 604)
The House bill contained a provision (sec. 603) that
would amend section 403(g) of title 37, United States Code, to
prohibit the rate of basic allowance for housing (BAH) paid to
a member of the Army National Guard or Air National Guard to be
reduced upon the transition of the member between active duty
and full-time National Guard duty when the transition occurs
without a break in active service.
The Senate amendment contained a similar provision (sec.
601) that would require that BAH for Army and Air National
Guard members on full-time duty be based on their permanent
duty station and not modified upon the transition of the member
between active duty and full-time National Guard duty so long
as the transition occurs without a break in active service.
The House recedes with an amendment that would add a new
subsection to section 403(g) of title 37, United States Code,
to require that the BAH paid to a member of a reserve component
performing active guard and reserve duty as defined in section
101(d)(6) of title 10, United States Code, be based on their
permanent duty station in most cases, even when the member is
mobilized for service on active duty. The amendment would
further require that during such transitions between active
duty and active guard and reserve duty, affected members
continue to retain uninterrupted eligibility for BAH rate
protection as provided for under sections (b)(6) and (c)(2) of
the section, so long as the member remains on active duty
without a break in service. Finally, the amendment would
require that members receiving BAH at a rate higher than
provided for under this provision, as of the date of enactment
of this Act, continue to receive the higher rate until such
time as they are reassigned for duty at their permanent duty
station, when they shall begin to receive BAH at the prevailing
rate in effect at that duty station. The Secretary concerned,
with approval of the Secretary of Defense, may continue to pay
the higher rate in certain cases to ensure fairness and equity
or to serve the best interests of the United States.
Payment of benefit for nonparticipation of eligible members in Post-
Deployment/Mobilization Respite Absence program due to
Government error (sec. 605)
The House bill contained a provision (sec. 605) that
would require the Secretary of Defense to pay eligible
individuals $200 per day for days earned under the Post-
Deployment/Mobilization Respite Absence (PDMRA) program, when
the individuals were unable to use those days due to government
error, as determined by a board for the correction of military
records.
The Senate amendment contained a similar provision (sec.
602).
The House recedes with a technical amendment to allow the
Secretary concerned to determine the required government error
by processes other than through a board for the correction of
military records.
Subtitle B--Bonuses and Special and Incentive Pays
One-year extension of certain bonus and special pay authorities for
reserve forces (sec. 611)
The House bill contained a provision (sec. 611) that
would extend for 1 year the authority to pay the Selected
Reserve reenlistment bonus, the Selected Reserve affiliation or
enlistment bonus, special pay for enlisted members assigned to
certain high-priority units, the Ready Reserve enlistment bonus
for persons without prior service, the Ready Reserve enlistment
and reenlistment bonus for persons with prior service, the
Selected Reserve enlistment and reenlistment bonus for persons
with prior service, travel and transportation expenses for
inactive-duty training outside normal commuting distance, and
income replacement for reserve component members experiencing
extended and frequent mobilization for active duty service.
The Senate amendment contained a similar provision (sec.
611).
The Senate recedes.
One-year extension of certain bonus and special pay authorities for
health care professionals (sec. 612)
The House bill contained a provision (sec. 612) that
would extend for 1 year the authority to pay the nurse officer
candidate accession bonus, education loan repayment for certain
health professionals who serve in the Selected Reserve,
accession and retention bonuses for psychologists, the
accession bonus for registered nurses, incentive special pay
for nurse anesthetists, special pay for Selected Reserve health
professionals in critically short wartime specialties, the
accession bonus for dental officers, the accession bonus for
pharmacy officers, the accession bonus for medical officers in
critically short wartime specialties, and the accession bonus
for dental specialist officers in critically short wartime
specialties.
The Senate amendment contained an identical provision
(sec. 612).
The conference agreement includes this provision.
One-year extension of special pay and bonus authorities for nuclear
officers (sec. 613)
The House bill contained a provision (sec. 613) that
would extend for 1 year the authority to pay the special pay
for nuclear-qualified officers extending period of active
service, the nuclear career accession bonus, and the nuclear
career annual incentive bonus.
The Senate amendment contained an identical provision
(sec. 613).
The conference agreement includes this provision.
One-year extension of authorities relating to title 37 consolidated
special pay, incentive pay, and bonus authorities (sec. 614)
The House bill contained a provision (sec. 614) that
would extend for 1 year the general bonus authority for
enlisted members, the general bonus authority for officers,
special bonus and incentive pay authorities for nuclear
officers, special aviation incentive pay and bonus authorities
for officers, and special bonus and incentive pay authorities
for officers in health professions. The provision would also
extend for 1 year the authority to pay hazardous duty pay,
assignment or special duty pay, skill incentive pay or
proficiency bonus, and retention incentives for members
qualified in critical military skills or assigned to high
priority units.
The Senate amendment contained an identical provision
(sec. 614).
The conference agreement includes this provision.
One-year extension of authorities relating to payment of other title 37
bonuses and special pays (sec. 615)
The House bill contained a provision (sec. 615) that
would extend for 1 year the authority to pay the aviation
officer retention bonus, assignment incentive pay, the
reenlistment bonus for active members, the enlistment bonus,
the accession bonus for new officers in critical skills, the
incentive bonus for conversion to military occupational
specialty to ease personnel shortage, the incentive bonus for
transfer between armed forces, and the accession bonus for
officer candidates.
The Senate amendment contained an identical provision
(sec. 615).
The conference agreement includes this provision.
Increase in maximum amount of officer affiliation bonus for officers in
the Selected Reserve (sec. 616)
The House bill contained a provision (sec. 616) that
would increase the maximum amount of the officer affiliation
bonus for officers in the Selected Reserve from $10,000 to
$20,000.
The Senate amendment contained a similar provision (sec.
616).
The Senate recedes.
Increase in maximum amount of incentive bonus for reserve component
members who convert military occupational specialty to ease
personnel shortages (sec. 617)
The House bill contained a provision (sec. 617) that
would amend section 326 of title 37, United States Code, to
increase the maximum amount of the incentive bonus to convert
military occupational specialty to ease personnel shortages
from $2,000 to $4,000 in the case of a member of a reserve
component.
The Senate amendment contained a similar provision (sec.
617).
The Senate recedes.
Subtitle C--Travel and Transportation Allowances
Permanent change of station allowances for members of Selected Reserve
units filling a vacancy in another unit after being
involuntarily separated (sec. 621)
The Senate amendment contained a provision (sec. 631)
that would amend sections 474 and 476 of title 37, United
States Code, to authorize the payment of travel and
transportation allowances for certain members of the Selected
Reserve, their dependents, and household effects when the
member is involuntarily separated due to force structure
reductions between October 1, 2012, and December 31, 2018, and
fills a critical vacancy in another unit of the Selected
Reserve that is at least 150 miles from the member's residence.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for comprehensive program for space-available travel on
Department of Defense aircraft (sec. 622)
The Senate amendment contained a provision (sec. 632)
that would add a new section 2641c to title 10, United States
Code, that would codify the authority of the Secretary of
Defense to establish a program to provide transportation to
active and reserve component members, retirees, certain widows,
and dependents on Department of Defense (DOD) aircraft on a
space-available basis beginning January 1, 2014, or such
earlier date as determined by the Secretary pursuant to
regulation.
The House bill contained no similar provision.
The House recedes with an amendment that would
incorporate the authority in section 2641b of title 10, United
States Code, relating to space-available travel for retired
members residing in Commonwealths or possessions of the United
States for certain health care services, within the program
authority provided by this provision. The amendment would also
require the Secretary to submit to the congressional defense
committees an initial implementation report describing the
basis for the establishment of a travel program under this
provision, categories of individuals who would be provided
travel under the program, how the Secretary would ensure that
the program was conducted in a budget-neutral manner, and the
metrics by which the Secretary would monitor the efficiency and
effective execution of the program.
The conferees emphasize that the purpose of no-cost,
space-available travel on military aircraft is to assist
military members and their families in responding to emergent
personal circumstances and arduous duty conditions and to
provide a means of respite from the rigors of active duty, for
members of the active and reserve components. The option to
seek space-available travel has also been offered, at a lower
priority, to military retirees in recognition of their careers
of service and to authorized members of the Selected Reserve.
The conferees note that the authority given to the Secretary in
this provision includes the discretion to limit travel under
the program to one or more categories of traveler in order to
control costs and ensure the safety, security, and efficient
processing of travelers. The conferees expect the Secretary to
exercise this discretion, when necessary, to ensure the
program's efficiency and budget neutrality, and to maintain
priority of travel for active duty members and their families,
especially during peak travel times and at the busiest travel
locations.
In executing a space-available travel program, DOD must
provide accurate information about the hardships aspiring
space-available travelers are likely to experience. As DOD
noted in its December 2007 report to Congress on space-
available travel, ``current eligible Space-A travelers often
experience disillusionment because of the contrast between the
perceived promises of Space-A travel . . . and the reality of
arduous conditions often encountered when using the system.''
The conferees believe that DOD should do more to educate
potential travelers on these realities.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Extension of authority to provide two years of commissary and exchange
benefits after separation (sec. 631)
The House bill contained a provision (sec. 631) that
would extend through December 31, 2018, the authority for
service members involuntarily separated from military service
to continue to use commissary and exchange stores during the 2
year period following separation.
The Senate amendment contained no similar provision.
The Senate recedes.
Transitional use of military family housing (sec. 632)
The House bill contained a provision (sec. 632) that
would reinstate authority to permit service members who are
involuntarily separated from military service to continue to
reside, along with their families, in military family housing
provided or leased by the Department of Defense for up to 180
days following the date of such separation. The provision would
also clarify that such members would not be authorized to draw
the basic allowance for housing during this period. The
authority provided under this provision would expire December
31, 2018.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
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.
641)
The House bill contained a provision (sec. 651) that
would amend sections 1450 and 1452 of title 10, United States
Code, to clarify that military retirees who have elected to
participate in the Survivor Benefit Plan (SBP) and who
subsequently elect to waive their military retired pay in favor
of a survivor annuity under the Federal Employees Retirement
System, do not have to continue paying premiums under SBP.
The Senate amendment contained a similar provision (sec.
641).
The Senate recedes.
Repeal of automatic enrollment in Family Servicemembers' Group Life
Insurance for members of the Armed Forces married to other
members (sec. 642)
The Senate amendment contained a provision (sec. 642)
that would amend section 1967 of title 38, United States Code,
to remove service members from automatic enrollment as a
dependent under the Family Servicemembers' Group Life Insurance
program when they are insured on their own behalf under the
Servicemembers' Group Life Insurance program.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Clarification of computation of combat-related special compensation for
chapter 61 disability retirees (sec. 643)
The Senate amendment contained a provision (sec. 643)
that would amend section 1413a of title 10, United States Code,
to clarify that the maximum award under the combat-related
special compensation (CRSC) statute may not, when combined with
the amount of retired pay payable to the retiree after
mandatory reductions are taken pursuant to sections 5304 and
5305 of title 38, United States Code, cause the total of such
combined payments to exceed the amount of retired pay the
member would have been entitled to based solely on years of
service. The provision would be effective on October 1, 2013.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
provision effective on January 1, 2013.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Repeal of certain recordkeeping and reporting requirements applicable
to commissary and exchange stores overseas (sec. 651)
The House bill contained a provision (sec. 642) that
would eliminate the requirement that the Secretary of Defense
report to Congress the changes in restrictions on the sale of
merchandise by commissary and exchange stores overseas that are
required to prevent the resale of such merchandise in violation
of treaty obligations of the United States or host nation laws.
The Senate amendment contained no similar provision.
The Senate recedes.
Treatment of Fisher House for the Families of the Fallen and Meditation
Pavilion at Dover Air Force Base, Delaware, as a Fisher House
(sec. 652)
The House bill contained a provision (sec. 643) that
would amend section 2493(a) of title 10, United States Code, to
clarify that primary next of kin, other family members, and
escorts of family members of service members who die while
located or serving overseas are authorized users of the Fisher
House for the Families of the Fallen and Meditation Pavilion at
Dover Air Force Base, Delaware.
The Senate amendment contained a similar provision (sec.
583).
The Senate recedes with a technical amendment.
Subtitle G--Military Lending
Additional enhancements of protections on consumer credit for members
of the Armed Forces and their dependents (sec. 661)
The Senate amendment contained a provision (sec. 652)
that would amend section 987 of title 10, United States Code,
to clarify that States may not waive the application of
consumer protections enacted for the benefit of state residents
on the basis of nonresident or military status of an individual
covered under that section. The provision would also require
the Secretary of Defense to consult with federal regulators at
least once every 2 years in carrying out the duties required
under section 987, and would remove the Office of Thrift
Supervision from the list of federal regulators with whom the
Secretary is required to consult. Finally, the provision would
be effective no later than 1 year from the date of enactment of
this Act, or such earlier date as determined by the Secretary
of Defense in regulation.
The House bill contained no similar provision.
The House recedes with a technical amendment that would
include the Bureau of Consumer Financial Protection on the list
of federal regulators with whom the Secretary is required to
consult.
Effect of violations of protections on consumer credit extended to
members of the Armed Forces and their dependents (sec. 662)
The Senate amendment contained a provision (sec. 653)
that would amend section 987 of title 10, United States Code,
to provide for civil liability in United States district court
for violations of consumer protections for service members and
dependents under that section.
The Senate amendment also contained a provision (sec.
655) that would further amend section 987 of title 10, United
States Code, to require that the protections afforded by that
section 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 as set forth under any other
applicable authorities available to such agencies by law.
The House bill contained no similar provisions.
The House recedes with a technical amendment.
The conferees expect that, for the purposes of the
enforcement authority under this section, a violation of the
Military Lending Act would be treated as though it were a
violation of the Truth in Lending Act.
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 (sec. 663)
The House bill contained a provision (sec. 661) that
would amend section 987(i) of title 10, United States Code, to
conform the definition of dependent under that section with the
definition of dependent contained in subparagraphs (A), (D),
(E), and (I) of section 1072(2) of title 10, United States
Code.
The Senate amendment contained a similar provision (sec.
654).
The Senate recedes.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Purpose, scope, and definitions (sec. 671)
The Senate amendment contained a provision (sec. 1601)
that would establish a short title for this series of
provisions creating the Military Compensation and Retirement
Modernization Commission.
The Senate amendment contained a provision (sec. 1602)
that would establish the purpose of the Military Compensation
and Retirement Modernization Commission as: (1) ensuring the
long-term viability of the All-Volunteer Force; (2) enabling a
high quality of life for military families; and (3) modernizing
and achieving fiscal sustainability of the compensation and
retirement systems.
The Senate amendment also contained a provision (sec.
1603) that would establish definitions for common terms used in
the Military Compensation and Retirement Modernization
Commission Act of 2012.
The House bill contained no similar provisions.
The House recedes with an amendment that would remove the
short title and amend the first purpose of the commission to
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. The House
amendment would also require the Commission, prior to making
recommendations for changes to the military compensation and
retirement systems, to examine all laws and policies of the
Federal Government concerning payment of government benefits to
current and former service members, veterans, and family
members, including survivors, as well as laws and policies
affecting various programs and benefits under the Department of
Veterans Affairs, including outlays from the various federal
trust funds supporting those programs. The amendment would
further require that the Commission consider the
interrelationship between and among the various federal
benefits affecting service members, veterans, survivors, and
their families in developing recommendations on the military
compensation and retirement systems.
Military Compensation and Retirement Modernization Commission (sec.
672)
The Senate amendment contained a provision (sec. 1604)
that would establish in the executive branch an independent
commission called the Military Compensation and Retirement
Modernization Commission. The provision would provide that the
Commission be composed of nine members appointed by the
President, in consultation with the Chairman and Ranking
Members of the Committees on Armed Services of the Senate and
House of Representatives. The provision would provide that the
President designate one member as the Commission's Chairman.
The provision would require that Commission members have
significant expertise in federal compensation and retirement
systems, including the military compensation and retirement
systems, private sector compensation, retirement, or human
resource systems, actuarial science, and be selected based on
their knowledge and experience with the uniformed services and
the military compensation and retirement systems. The provision
would require that at least five members of the Commission have
active duty military experience, that at least one member have
experience as an enlisted member of the armed forces, that at
least one member have experience as a member of a reserve
component, and that at least one member was a spouse of a
military member, or be someone with significant experience in
military family issues. Finally, the provision would prohibit
the appointment of individuals as members of the Commission who
are, or were within the year preceding appointment, employed by
a veterans service organization or military-related advocacy
group or association.
The Senate amendment also contained a provision (sec.
1608) that would establish the pay rate for members of the
Military Compensation and Retirement Modernization Commission
as the daily equivalent of the annual rate of basic pay for
level IV of the Executive Schedule under section 5315 of title
5, United States Code. The provision would set the pay rate for
the Chairman of the Commission as the daily equivalent of the
annual rate of pay for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
The House bill contained no similar provisions.
The House recedes with an amendment that would provide
that the Commission be composed of nine members, with the
President appointing one, the Majority Leader and Minority
Leader of the Senate appointing two each in consultation with
the Chairman and Ranking Member of the Committee on Armed
Services of the Senate, respectively, and the Speaker and
Minority Leader of the House of Representatives appointing two
each in consultation with the Chairman and Ranking Member of
the Committee on Armed Services of the House of
Representatives, respectively. The amendment would also
eliminate the requirements for individuals appointed to the
Commission to have experience as a member of the uniformed
services or as a spouse of a member.
Commission hearings and meetings (sec. 673)
The Senate amendment contained a provision (sec. 1605)
that would require the Military Compensation and Retirement
Modernization Commission to conduct hearings on recommendations
for legislative changes under consideration, and that all
hearings be open to the public, except those in which
classified information might be considered. The provision would
require that any hearing open to the public be advertised on a
federal website no less than 14 days prior to the hearing. The
provision would require the Commission to hold its initial
meeting within 30 days of all members being appointed. The
provision would establish that five members constitute a quorum
of the Commission. Lastly, the provision would require the
Commission to seek written public comment on recommendations
under consideration.
The Senate amendment also contained a provision (sec.
1611) that would authorize the Military Compensation and
Retirement Modernization Commission to lease space and acquire
personal property to the extent funds are available.
The House bill contained no similar provisions.
The House recedes with an amendment that would require
the Administrator of General Services, within 90 days after
enactment of this Act and in consultation with the Secretary of
Defense, to identify and make available suitable excess space
within the Federal space inventory to house the operations of
the Commission.
Principles and procedure for Commission recommendations (sec. 674)
The Senate amendment contained a provision (sec. 1606)
that would require the Military Compensation and Retirement
Modernization Commission to conduct a review of the military
retirement and compensation systems in the context of current
compensation and retirement programs, force management
objectives, and changes in life expectancy and the labor force.
The provision would require the President, within 5 months of
the establishment of the Commission, to establish and transmit
to Congress and the Commission principles for modernizing the
military compensation and retirement systems, including
maintaining recruitment and retention of the best military
personnel, modernizing the active and reserve military
compensation and retirement systems, differentiating between
active and reserve military service, differentiating between
service in the armed forces and service in the other uniformed
services, and ensuring the fiscal sustainability of the
military compensation and retirement systems. The provision
would require that recommendations of the Commission
grandfather the benefits of service members who first became a
member of a uniformed service before the date of enactment of a
military compensation and retirement modernization act, except
that such recommendations may include an opt-in mechanism for
members who would choose to be covered by some or all of the
provisions of a military compensation and retirement
modernization act.
The provision would require the Secretary of Defense,
within 9 months of the establishment of the Commission, to
transmit to Congress and the Commission the Secretary's
recommendations for military compensation and retirement
modernization, and would require the Secretary to consult the
Secretaries of Health and Human Services, Commerce, and
Homeland Security on recommendations that affect the Public
Health Service, the National Oceanic and Atmospheric
Administration, and the U.S. Coast Guard, respectively. The
provision would require the Commission to conduct public
hearings on the Secretary's recommendations. The provision
would require the Commission, within 15 months of its
establishment, to transmit to the President and Congress a
report containing its findings, conclusions, and
recommendations for modernizing the military compensation and
retirement systems, and legislative proposals necessary to
implement those recommendations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the retired pay of currently serving members who joined a
uniformed service prior to the date of enactment of an Act to
modernize the military compensation and retirement systems
could not be less than they would be eligible to receive under
the current military compensation and retirement system, nor
may the date at which they are eligible to receive such retired
pay be adjusted to the financial detriment of the member.
Further, the House amendment would prohibit the adjustment of
retired pay of retired service members retired as of the date
of enactment of an Act to modernize the military compensation
and retirement systems by any change enacted pursuant to such
an Act.
Consideration of Commission recommendations by the President (sec. 675)
The Senate amendment contained a provision (sec. 1607)
that would require the President, within 60 days of receiving
the report of the Military Compensation and Retirement
Modernization Commission, to transmit to Congress and the
Commission a report approving or disapproving the Commission's
recommendations. The provision would also provide for a
procedure for the Commission to revise its recommendations in
response to disapproval by the President. Finally, the
provision would provide for expedited and protected
consideration of military compensation and retirement
modernization legislation in the Senate and the House of
Representatives, without amendment, and without being subject
to points of order, other than budget points of order.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
provisions concerning expedited and protected consideration of
military compensation and retirement modernization legislation
by the Congress.
Executive Director (sec. 676)
The Senate amendment contained a provision (sec. 1609)
that would require the Military Compensation and Retirement
Modernization Commission to appoint, and fix the rate of pay
of, an Executive Director in accordance with section 3161 of
title 5, United States Code. The provision would prohibit the
appointment as Executive Director of any person having served
on active duty in the armed forces, as a civilian employee of
the Department of Defense, or as an employee of a veterans
service organization or military-related advocacy group or
association during the 1-year period preceding the date of
appointment.
The House bill contained no similar provision.
The House recedes.
Staff (sec. 677)
The Senate amendment contained a provision (sec. 1610)
that would authorize the Military Compensation and Retirement
Modernization Commission Executive Director to appoint and fix
the rate of pay of additional personnel to serve as staff for
the Commission. The provision would limit the number of
Department of Defense personnel detailed to the Commission to
no more than one-third of the total personnel employed as
staff, and would prohibit the employment of or detail to the
Commission staff of anyone employed by the Department of
Defense who was involved in the formation of recommendations
for military compensation and retirement modernization. The
provision would limit the number of personnel eligible for
military retired pay to no more than one-fourth of the total
personnel serving as Commission staff. The provision would
prohibit a person from serving on the Commission staff if that
person had been employed by a veterans service organization or
military-related advocacy group or association within the 1-
year period preceding employment on the Commission staff.
Finally, the provision would prohibit the service of any staff
member to the Commission employed by or detailed from the
Department of Defense from being considered in that staff
member's efficiency or fitness report.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
limitations on detailees from the Department of Defense to any
executive branch department, and would also extend the
protections concerning performance reviews to staff members
detailed or employed by any of the uniformed services.
Judicial review precluded (sec. 678)
The Senate amendment contained a provision (sec. 1612)
that would preclude the actions of the President, the Secretary
of Defense, and the Military Compensation and Retirement
Modernization Commission from judicial review.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Termination (sec. 679)
The Senate amendment contained a provision (sec. 1613)
that would provide for the termination of the Military
Compensation and Retirement Modernization Commission no later
than 26 months after the Commission's establishment date.
The House bill contained no similar provision.
The House recedes.
Funding (sec. 680)
The Senate amendment contained a provision (sec. 1613)
that would require that of the amounts authorized to be
appropriated for the Department of Defense for fiscal year
2013, up to $10.0 million shall be available to the Military
Compensation and Retirement Modernization Commission to carry
out its duties under this title.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle I--Other Matters
Equal treatment for members of Coast Guard Reserve called to active
duty under title 14, United States Code (sec. 681)
The House bill contained a provision (sec. 663) that
would include mobilization under section 712 of title 14,
United States Code, within the definition of ``contingency
operation'' in section 101 of title 10, United States Code, and
would make the application of the change retroactive to April
19, 2010, for the purpose of credit for certain benefits.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the retroactive date to December 31, 2011.
Report regarding Department of Veterans Affairs claims process
transformation plan (sec. 682)
The Senate amendment contained a provision (sec. 1085)
that would require the Secretary of Veterans Affairs to submit
to Congress, not later than 60 days after the date of enactment
of this Act, a plan to reduce the current backlog of pending
claims for benefits under laws administered by the Secretary
and more efficiently process claims for such benefits in the
future, including a plan to partner with non-federal entities.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the report include a detailed explanation of the Veterans
Benefits Administration Claims Transformation Plan.
Legislative Provisions Not Adopted
Modification of program guidance relating to the award of Post-
Deployment/Mobilization Respite Absence administrative absence
days to members of the reserve components under DOD Instruction
1327.06
The House bill contained a provision (sec. 604) that
would grandfather certain members of the reserve components
deployed in support of a contingency operation prior to October
1, 2011, who were adversely impacted by policy changes issued
on that date affecting the Post-Deployment/Mobilization Respite
Absence program.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the issue was addressed by Public
Law 112-120, enacted into law on May 25, 2012.
Travel and transportation allowances for non-medical attendants for
members receiving care in a residential treatment program
The House bill contained a provision (sec. 621) that
would authorize travel and transportation allowances for
qualified non-medical attendants for members receiving care in
a residential treatment program if the attending health care
professional or hospital commander deems that participation in
treatment by the non-medical attendant is essential to the
treatment of the member.
The Senate amendment contained no similar provision.
The House recedes.
The conferees have been informed that the Department of
Defense is revising its Military Health System policies and the
TRICARE benefit for substance use disorder treatment in
response to the findings of an internal review conducted last
year and the recent Institute of Medicine (IOM) Study on
``Substance Use Disorders in the U.S. Armed Forces'' made
publicly available on September 17, 2012. Changes to the
TRICARE benefit with respect to intensive outpatient and
office-based services are currently under internal review and
coordination.
Regarding intensive outpatient services, the conferees
have been informed that the TRICARE Management Activity (TMA)
has issued a regulatory clarification to managed care support
contractors on the scope of the partial hospitalization program
(PHP) benefit, allowing for the reimbursement of PHP services,
defined as a time-limited, ambulatory, active-treatment program
that offers therapeutically intensive, coordinated, and
structured clinical services within a stable therapeutic
environment. Full-day, half-day, evening, and weekend programs
may be included. The conferees have also been informed that
TRICARE now allows for the reimbursement of half-day partial
hospitalization, defined as treatment of a minimum of 3 hours
per day but less than 6 hours per day. These two regulatory
clarifications allow for PHP services to be provided less than
5 days per week or for 3 hours per day, which TRICARE refers to
as half-day partial hospitalization, but may also be called
``intensive outpatient'' care at facilities providing such
outpatient services.
Charitable organizations eligible for donations of unusable commissary
store food and other food prepared for the armed forces
The House bill contained a provision (sec. 641) that
would clarify that the Secretary of Defense may make donations
of unusable food to charitable food banks, food pantries, and
soup kitchens.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense is
currently authorized to donate unusable, unmarketable, and
unsaleable food to certain entities and encourage the Secretary
to utilize this authority to the maximum extent practicable.
Purchase of sustainable products, local food products, and recyclable
materials for resale in commissary and exchange store systems
The House bill contained a provision (sec. 644) that
would require the governing body providing oversight and
management direction to the military exchange and commissary
systems to establish guidelines for the identification of fresh
meat, poultry, seafood, produce, and other products raised or
produced through sustainable methods that are not harmful to
the environment. The provision would also require the governing
body to establish, not later than September 30, 2017, goals for
all exchange and commissary stores to purchase sustainable
products, local food products, and recyclable materials.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that the Department of Defense
is currently working to develop and implement policies to
increase the availability of sustainable products and local
food products in the commissary and exchange store systems, and
encourage the Department to make every effort to provide
consumers with sustainable and local product choices wherever
feasible.
Enhancement of protections on consumer credit for members of the armed
forces and their dependents
The Senate amendment contained a provision (sec. 651)
that would amend section 987 of title 10, United States Code,
to require that vehicle title loans and payday loans,
regardless of duration or whether they are open- or closed-end,
are included within the definition of ``consumer credit''
contained in regulations promulgated by the Secretary of
Defense pursuant to that section. The provision would also
require the Secretary to develop a policy on the predatory
extension of credit through installment loans that target
members of the armed forces and their dependents.
The House bill contained no similar provision.
The Senate recedes.
The conferees recognize the progress the Department of
Defense has made since consumer protections for military
members and their dependents against predatory lending were
enacted in the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364), codified in section
987 of title 10, United States Code. A recent report by the
Consumer Federation of America, The Military Lending Act Five
Years Later, found that ``the law has been largely effective in
curbing predatory . . . lending to covered borrowers.''
Nevertheless, the report found that many predatory lenders have
modified their products to avoid coverage by the Department's
rules implementing section 987, and recommended that ``the
Department of Defense . . . conduct an internal study of
service members, financial counselors, and legal assistance/JAG
officers to ascertain the impact of the current set of . . .
rules on the use of defined products, problems caused by
similar and emerging products, and the use of allotments to pay
for commercial credit.''
The conferees are concerned that the Department must
remain vigilant to eliminate continuing, evolving predatory
lending practices targeting service members and their families,
and believe the Department should review its regulations
implementing section 987, to address changes in the industry
and the evolution of lending products offered since 2007,
continuing use of predatory marketing practices, and other
abuses identified by consumer protection advocates, including
the Consumer Financial Protection Bureau's Office of
Servicemember Affairs.
The conferees direct the Secretary to conduct surveys of
counselors, legal assistance attorneys, service members, and
other appropriate personnel, and to consult with both consumer
protection advocacy groups and representatives of the financial
services industry to determine if changes to rules implementing
section 987 are necessary to protect covered borrowers from
continuing and evolving predatory lending practices, and to
report to the Committees on Armed Services of the Senate and
House of Representatives no later than 1 year after the date of
enactment of this Act on the results of such review.
Mortgage protection for members of the armed forces, surviving spouses,
and certain veterans
The House bill contained a provision (sec. 664) that
would amend section 303 of the Servicemembers Civil Relief Act
(50 U.S.C. App 533) to expand certain mortgage protections for
service members, surviving spouses, and veterans; to make
knowing violations of these protections a criminal offense; and
to increase civil penalties for violations of these
protections.
The Senate amendment contained no similar provision.
The House recedes.
Study on issuing identification cards to certain members upon discharge
The House bill contained a provision (sec. 665) that
would require the Secretary of Defense to conduct a study to
assess the feasibility of issuing identification cards to
certain service members upon discharge from the service.
The Senate amendment contained no similar provision.
The House recedes.
Report on issuance by Armed Forces Medical Examiner of death
certificates for members of the armed forces who die on active
duty abroad
The Senate amendment contained a provision (sec. 662)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on the issuance by the
Armed Forces Medical Examiner of death certificates for members
of the armed forces who die on active duty abroad.
The House bill contained no similar provision.
The Senate recedes.
Title VII--Health Care Provisions
Subtitle A--TRICARE and Other Health Care Benefits
Extension of TRICARE Standard coverage and TRICARE dental program for
members of the Selected Reserve who are involuntarily separated
(sec. 701)
The House bill contained a provision (sec. 702) that
would amend section 1076d(b) of title 10, United States Code,
to authorize 180 days of extended coverage through December 31,
2018, under the program known as TRICARE Reserve Select for
members of the Selected Reserve who are involuntarily separated
without cause under other than adverse conditions. The
provision would also amend section 1076a(a)(1) to authorize
extended coverage through December 31, 2018, for members of the
Selected Reserve enrolled in the TRICARE dental program.
The Senate amendment contained a provision (sec. 701)
that would authorize similar periods of extended coverage under
TRICARE Reserve Select and the TRICARE dental program for
members of the Selected Reserve, on a permanent basis.
The Senate recedes with a technical amendment.
Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary (sec. 702)
The Senate amendment contained a provision (sec. 702)
that would amend section 1074g of title 10, United States Code,
to authorize the Department of Defense to place selected over-
the-counter drugs on the uniform formulary and make such drugs
available to eligible beneficiaries. An over-the-counter drug
would only be included on the uniform formulary if the Pharmacy
and Therapeutics Committee finds that the drug is cost-
effective and clinically effective. The provision would also
authorize the Secretary of Defense to establish a copayment
amount for these drugs, if appropriate.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
Secretary is authorized to not charge any copayment for over-
the-counter drugs under this provision.
The conferees note that the Department of Defense has
been providing selected over-the-counter drugs with no
beneficiary copayment under demonstration authority for several
years, and that the pilot program has resulted in significant
savings to the Department. The conferees encourage the
Department to continue to implement the authority provided by
this section in a similar manner.
Modification of requirements on mental health assessments for members
of the Armed Forces deployed in connection with a contingency
operation (sec. 703)
The Senate amendment contained a provision (sec. 713)
that would amend section 1074m(a) of title 10, United States
Code, to align mandatory post-deployment person-to-person
mental health assessments for certain service members with
other existing health assessments. The provision would also
limit the pre-deployment mental health assessments required
under this section to those service members who will be
subjected or exposed to operational risk factors during
deployment in a contingency operation.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 1074m(a) of title 10, United States Code, to align
mandatory post-deployment person-to-person mental health
assessments for certain service members with other existing
health assessments by changing the required assessment period
from between 180 days after deployment to 1 year after
deployment, to between 180 days after deployment to 18 months
after deployment.
Use of Department of Defense funds for abortions in cases of rape and
incest (sec. 704)
The Senate amendment contained a provision (sec. 711)
that would authorize the use of Department of Defense funds for
abortions in cases of rape or incest.
The House bill contained no similar provision.
The House recedes.
Pilot program on certain treatments of autism under the TRICARE program
(sec. 705)
The House bill contained a provision (sec. 704) that
would authorize behavioral health treatment, including applied
behavior analysis therapy, for autism spectrum disorders when
prescribed by a physician to be covered under the basic TRICARE
program for certain beneficiaries.
The Senate amendment contained a provision (sec. 705)
that would authorize behavioral health treatment, including
applied behavior analysis therapy, for all developmental
disabilities as defined by section 15002(8) of title 42, United
States Code, including autism spectrum disorders, when
prescribed by a physician to be covered under the basic TRICARE
program for certain beneficiaries.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a 1-year pilot program to
provide for the treatment of autism spectrum disorders,
including applied behavior analysis, for all TRICARE
beneficiaries covered under the basic program.
The conferees are aware that the Department of Defense
(DOD) has been ordered by the District Court for the District
of Columbia to provide coverage under the basic TRICARE benefit
for applied behavior analysis. The conferees understand that
the plaintiffs and DOD have each submitted motions to
reconsider the court order. The conferees have provided DOD
this 1-year authority in order to allow DOD to assess such
coverage independent from litigation proceedings.
Pilot program on enhancements of Department of Defense efforts on
mental health in the National Guard and Reserves through
community partnerships (sec. 706)
The House bill contained a provision (sec. 725) that
would authorize the Secretary of Defense to carry out a pilot
program to enhance the efforts of the Department of Defense
(DOD) in research, treatment, education, and outreach on mental
health, substance use disorders, and traumatic brain injury in
members of the National Guard and reserves, their family
members, and their caregivers through community partners. The
provision would also authorize the Secretary to award grants to
these community partners.
The Senate amendment contained a provision (sec. 722)
that would authorize the Secretary of Defense to carry out a
research program to assess the feasibility and advisability of
enhancing the efforts of the DOD in research, treatment,
education, and outreach on mental health, substance use
disorders, and traumatic brain injury in reserve component
members, their families, and their caregivers.
The Senate recedes with an amendment that would authorize
the Secretary to carry out a pilot program to enhance the
efforts of DOD in research, treatment, education, and outreach
on mental health, substance use disorders, and traumatic brain
injury in members of the National Guard and reserves, their
family members, and their caregivers through agreements with
community partners.
Sense of Congress on health care for retired members of the uniformed
services (sec. 707)
The House bill contained a provision (sec. 701) that
would express the sense of Congress that career members of the
uniformed services and their families endure unique and
extraordinary demands and make extraordinary sacrifices over
the course of a 20-30 year military career, and that those
decades of sacrifice constitute a pre-paid premium for health
care during retirement.
The Senate amendment contained a provision (sec. 706)
that would express the sense of Congress that career members of
the uniformed services and those who are medically retired, and
their families, endure unique and extraordinary demands and
make extraordinary sacrifices in protecting freedom for all
Americans, and that access to quality health care services is
an earned benefit during retirement in acknowledgment of their
contributions of service and sacrifice.
The House recedes.
Subtitle B--Health Care Administration
Authority for automatic enrollment in TRICARE Prime of dependents of
members in pay grades above pay grade E-4 (sec. 711)
The House bill contained a provision (sec. 712) that
would require all dependents of members in pay grade E-4 or
below to be automatically enrolled in TRICARE Prime, and would
authorize the Secretary of Defense to automatically enroll
dependents of members in pay grade E-5 or higher in TRICARE
Prime.
The Senate amendment contained no similar provision.
The Senate recedes.
Cost-sharing rates for the pharmacy benefits program of the TRICARE
program (sec. 712)
The House bill contained a provision (sec. 718) that
would establish cost-sharing rates under the TRICARE pharmacy
benefits program for fiscal year 2013 in statute, and in fiscal
years 2014 and beyond, would limit annual increases in pharmacy
copayments to the amount equal to the cost of living adjustment
percentage increase in retiree pay.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
cost-sharing rates under the TRICARE pharmacy benefits program
for fiscal year 2013 in statute, and would in fiscal years 2014
through 2022 limit any annual increases in pharmacy copayments
to increases in retiree cost of living adjustments. The
provision would also enable the Department of Defense to delay
increasing copayments until the aggregate increase amounts to
at least 1 dollar. Beyond fiscal year 2022, the Secretary of
Defense would be authorized to increase copayments as the
Secretary considers appropriate.
Clarification of applicability of certain authority and requirements to
subcontractors employed to provide health care services to the
Department of Defense (sec. 713)
The House bill contained a provision (sec. 715) that
would amend section 1089(a) of title 10, United States Code, to
clarify that subcontractors providing health care under
personal services contracts are covered for medical malpractice
purposes under the Federal Tort Claims Act (28 U.S.C. 1346(b),
2671-2680) in the same manner as government employees providing
the same services, as requested by the Department of Defense.
The Senate amendment contained a similar provision (sec.
721).
The House recedes.
Expansion of evaluation of the effectiveness of the TRICARE program
(sec. 714)
The Senate amendment contained a provision (sec. 703)
that would amend section 717(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106) to
update the reporting requirements of the Department of Defense
report, ``Evaluation of the TRICARE Program: Access, Cost, and
Quality,'' to reflect the Department's practice of reporting on
access, cost, and quality broadly for the military health care
system, not solely for retirees as required by current law. The
provision would also require the Department to evaluate access,
cost, and quality for military dependent children under the age
of 21 and for dependents of active-duty members with severe
disabilities and special needs.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Requirement to ensure the effectiveness and efficiency of health
engagements (sec. 715)
The House bill contained a provision (sec. 714) that
would require the Secretary of Defense, in coordination with
the Assistant Secretary of Defense for Health Affairs and the
Uniformed Services University of the Health Sciences (USUHS) to
develop a process to ensure that health engagements conducted
by the Department of Defense (DOD) are effective and efficient
in meeting the national security goals of the United States.
The provision would also authorize the Secretary of Defense, in
coordination with USUHS, to conduct pilot programs to assess
the effectiveness of the processes developed to ensure the
efficiency and effectiveness of health engagements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in coordination with the Under
Secretary of Defense for Policy and the Assistant Secretary of
Defense for Health Affairs, to develop a process to ensure that
health engagements conducted by DOD are effective and efficient
in meeting the national security goals of the United States.
The provision would also authorize the Assistant Secretary of
Defense for Health Affairs to establish a measure of
effectiveness learning tool to assess the effectiveness of
processes developed to ensure the efficiency and effectiveness
of health engagements.
The conferees understand that the USUHS and its Center
for Disaster and Humanitarian Assistance Medicine have focused
efforts on the use of health as a means of ensuring security,
stability, and enduring partnerships in specific areas of
interest throughout the world; and are developing a process
that will allow for identification of best practices, analyses,
and policy assessment. The conferees encourage the Secretary of
Defense to consult with USUHS with regard to its work in this
area to ensure that global health engagements are effective and
efficient means of engagement toward our national security
goals.
Pilot program for refills of maintenance medications for TRICARE for
Life beneficiaries through the TRICARE mail-order pharmacy
program (sec. 716)
The House bill contained a provision (sec. 717) that
would require the Secretary of Defense to conduct a 5-year
pilot program to refill prescription maintenance medications
for TRICARE for Life beneficiaries through TRICARE's national
mail-order pharmacy program. The provision would allow
beneficiaries to opt out of the mail-order program after 1
year, and would authorize the Secretary to waive the mail-order
requirement on an individual basis if the Secretary deems it
appropriate.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to conduct the 5-year mail-order pilot program
for TRICARE for Life beneficiaries, but would also authorize
beneficiaries to fill both initial and refill prescriptions at
military treatment facilities, and authorize the Secretary to
promulgate regulations to address instances where a beneficiary
attempts to refill prescriptions at a retail pharmacy rather
than through the mail-order program or at a military treatment
facility.
Subtitle C--Mental Health Care and Veterans Matters
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. 723)
The Senate amendment contained a provision (sec. 755)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly enter into a memorandum of
understanding providing for the sharing between departments 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.
The House bill contained no similar provision.
The House recedes.
Participation of members of the Armed Forces in peer support counseling
programs of the Department of Veterans Affairs (sec. 724)
The Senate amendment contained a provision (sec. 756)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly enter into a memorandum of
understanding providing for certain members of the armed forces
to volunteer or be considered for employment as peer counselors
under certain peer support counseling programs carried out by
the Secretary of Veterans Affairs.
The House bill contained no similar provision.
The House recedes.
Research and medical practice on mental health conditions (sec. 725)
The Senate amendment contained a provision (sec. 757)
that would require the Secretary of Defense to establish an
organization to carry out programs and activities designed to
provide for the translation of research on the diagnosis and
treatment of mental health conditions into policy on medical
practices.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to provide for the translation of
research on the diagnosis and treatment of mental health
conditions into policy on medical practices.
Transparency in mental health care services provided by the Department
of Veterans Affairs (sec. 726)
The Senate amendment contained a provision (sec. 759)
that would require the Secretary of Veterans Affairs to develop
and implement a comprehensive set of measures to assess mental
health care services provided by the Department of Veterans
Affairs.
The House bill contained no similar provision.
The House recedes with several technical amendments.
Expansion of Vet Center Program to include furnishing counseling to
certain members of the Armed Forces and their family members
(sec. 727)
The Senate amendment contained a provision (sec. 760)
that would authorize the Secretary of Veterans Affairs to
provide counseling and mental health services to certain
members of the armed forces and their family members at vet
centers.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Organization of the Readjustment Counseling Service in the Department
of Veterans Affairs (sec. 728)
The Senate amendment contained a provision (sec. 762)
that would organize within the Veterans Health Administration
the Readjustment Counseling Service to provide readjustment
counseling and services to certain veterans, members of the
armed forces, and their family members.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Recruitment of mental health providers for furnishing mental health
services on behalf of the Department of Veterans Affairs
without compensation from the Department (sec. 729)
The Senate amendment contained a provision (sec. 763)
that would require the Secretary of Veterans Affairs to carry
out a national program of outreach to societies, community
organizations, nonprofit organizations, and government entities
in order to recruit mental health providers to provide mental
health care services for the Department on a part-time,
without-compensation basis.
The House bill contained no similar provision.
The House recedes with several technical amendments.
Peer support (sec. 730)
The Senate amendment contained a provision (sec. 764)
that would amend section 1720F(j) of title 38, United States
Code, to require the Secretary of Veterans Affairs to establish
and carry out a peer support counseling program as a part of
the existing comprehensive program designed to reduce the
incidence of suicide among veterans.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle D--Reports and Other Matters
Plan for reform of the administration of the military health system
(sec. 731)
The House bill contained a provision (sec. 719) that
would amend section 716 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) to require the
Secretary of Defense to implement and complete any
recommendations included in the report on the review of the
administration of the military health system submitted by the
Comptroller General before restructuring or reorganizing the
military health system.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop a detailed plan to
implement reforms to the governance of the military health
system described in the memorandum of the Deputy Secretary of
Defense dated March 2012. The amendment would require the
Secretary of Defense to submit the plan to the congressional
defense committees on specified dates in 2013, and would limit
the obligation of specified funds until the Secretary submits
the contents of the plan to the congressional defense
committees. The amendment would also require the Comptroller
General of the United States to submit to the congressional
defense committees a review of the contents of the plan.
The conferees expect appropriate officials of the
Department to be responsive to requests from the Comptroller
General of the United States and the Committees on Armed
Services of the Senate and the House of Representatives for
briefings and updates on the Department's progress in
implementation of governance reform.
Future availability of TRICARE Prime throughout the United States (sec.
732)
The Senate amendment contained a provision (sec. 704)
that would require the Secretary of Defense to 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 newly awarded TRICARE managed care contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to 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 for eligible
beneficiaries in all TRICARE regions throughout the United
States, to include a description of a plan to provide
assistance to affected individuals to identify health care
providers in their transition from TRICARE Prime to TRICARE
Standard.
Extension of Comptroller General report on contract health care
staffing for military medical treatment facilities (sec. 733)
The House bill contained a provision (sec. 721) that
would extend the deadline for the Comptroller General of the
United States to submit the report required by section 726(a)
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) on the contracting activities used by the
military departments to provide health care professional
services by civilian providers.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of Comptroller General report on women-specific health
services and treatment for female members of the Armed Forces
(sec. 734)
The House bill contained a provision (sec. 722) that
would extend the deadline for the Comptroller General of the
United States to submit the report required by section 725(c)
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) on health care services for female service
members.
The Senate amendment contained no similar provision.
The Senate recedes.
Study on health care and related support for children of members of the
Armed Forces (sec. 735)
The House bill contained a provision (sec. 723) that
would express the sense of Congress that TRICARE should be
proactive in meeting children's health care needs and that a
comprehensive review of TRICARE policies and programs is
necessary, to include children with special needs and chronic
health care conditions. The provision would also require the
Secretary of Defense to establish a working group to review the
TRICARE program with respect to providing pediatric health
care, including special and chronic health care needs, and to
make recommendations to ensure children of members of the armed
forces have access to appropriate care.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a study on the health care
and related support provided by the Secretary to military
dependent children, and to submit to the congressional defense
committees a report on the study, including a plan to improve
and continuously monitor the access of dependent children to
quality health care.
The conferees note that a requirement to expand the
annual evaluation of TRICARE to include family members and
children with special needs is included elsewhere in this Act.
Report on strategy to transition to use of human-based methods for
certain medical training (sec. 736)
The House bill contained a provision (sec. 724) that
would require the Secretary of Defense to submit to the
congressional defense committees a report that outlines a
strategy to refine and, when appropriate, transition to using
human-based training methods for the purpose of training
service members in the treatment of combat trauma injuries by
October 1, 2017. The provision would also require an annual
report on the development and implementation of human-based
training methods for training service members in the treatment
of combat trauma injuries.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to 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 service members in the treatment of combat trauma
injuries.
Study on incidence of breast cancer among members of the Armed Forces
serving on active duty (sec. 737)
The House bill contained a provision (sec. 726) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to jointly conduct a study on the incidence of
breast cancer among active-duty members, reserve component
members, and veterans.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a study on the incidence of
breast cancer among members of the armed forces serving on
active duty.
Performance metrics and reports on Warriors in Transition programs of
the military departments (sec. 738)
The Senate amendment contained a provision (sec. 731)
that would require the Secretary of Defense to submit to
Congress not later than 180 days after the date of enactment of
this Act and every 180 days thereafter until September 30,
2017, data on the longitudinal status of service members
participating in a Warriors in Transition program. The data
would document the performance of the Department of Defense in
addressing the physical health, mental and behavioral health,
educational and vocational aptitude and capabilities, and other
appropriate matters, at specified periods during the service
members' participation in the program.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to establish a policy containing
uniform performance outcome measurements to be used by each
service secretary in tracking and monitoring service members in
the Warriors in Transition programs. The Secretary of Defense
would be required to submit a report on this policy to the
congressional defense committees no later than 180 days after
enactment of this Act and annually thereafter until 2018.
Plan to eliminate gaps and redundancies in programs of the Department
of Defense on psychological health and traumatic brain injury
(sec. 739)
The Senate amendment contained a provision (sec. 733)
that would require the Secretary of Defense to develop and
report to the Committees on Armed Services of the Senate and
the House of Representatives on a plan to streamline Department
of Defense (DOD) programs that address psychological health and
traumatic brain injury (TBI).
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress in support of the efforts of the
Secretary of Veterans Affairs and the Secretary of Defense to
educate service members, veterans, their families, the medical
community, and the public on the causes, symptoms, and
treatment of post traumatic stress disorder. The amendment
would also require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan to improve the coordination and
integration of DOD programs that address service member TBI and
psychological health.
Legislative Provisions Not Adopted
Medical and dental care contracts for certain members of the National
Guard
The House bill contained a provision (sec. 703) that
would require the Secretary of Defense to ensure that each
individual who receives medical or dental care under a contract
entered into by the National Guard of a State meets standards
of medical and dental readiness upon mobilization of the
individual.
The Senate amendment contained no similar provision.
The House recedes.
Mental health assessments for members of the armed forces
The House bill contained a provision (sec. 705) that
would amend section 1074m(a) of title 10, United States Code,
to require the Secretary of Defense to provide person-to-person
mental health screenings once during each 180 day period during
which a member is deployed.
The Senate amendment contained no similar provision.
The House recedes.
The conferees encourage the Secretary of Defense to
develop a policy to provide mental health assessments to
service members while they are deployed in a contingency
operation, if personnel in deployed units whose
responsibilities include providing unit health care services
are available and the use of those services for this purpose
would not impair their capacity to perform higher priority
tasks.
Unified Medical Command
The House bill contained a provision (sec. 711) that
would amend chapter 6 of title 10, United States Code, to
require the President to establish a unified combatant medical
command for medical operations.
The Senate amendment contained no similar provision.
The House recedes.
Availability of certain fertility preservation treatments for members
of the armed forces on active duty
The Senate amendment contained a provision (sec. 712)
that would provide fertility preservation treatments as a
medical benefit for service members who have been diagnosed
with a condition for which the recommended course of treatment
could cause infertility.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Assistant Secretary of
Defense for Health Affairs issued policy guidance to the
military departments and TRICARE Management Activity on April
3, 2012, to make assisted reproductive services available for
seriously ill or severely injured active duty service members,
and authorized the use of supplemental health care program
funds for this purpose. The conferees have been informed that
the Department of Defense is also reviewing fertility
preservation for service members prior to deployment in support
of contingency operations, and conducting an ongoing review of
fertility options for service members who have sustained
genitourinary injuries.
The conferees direct the Secretary of Defense to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives on implementation of the ``Policy
for Assisted Reproductive Services for the Benefit of Seriously
or Severely Ill/Injured (Category II and III) Active Duty
Service Members'' no later than June 1, 2013. The report shall
include data on experience since issuance of the policy,
including an analysis of the types of injuries or illness of
those who sought the procedures, the procedures that were
sought, what procedures or services were provided by both
military treatment facilities and civilian providers, and an
assessment of issues concerning quality of life and costs. In
addition, the report shall provide an assessment of the
feasibility and advisability of providing fertility
preservation treatment for service members both in relation to
deployment in support of contingency operations and as a result
of illness or injury. The conferees expect the report to
include recommendations for changes in policy or legislation
that may be necessary to provide such services to military
service members who, as a consequence of illness or injury,
require assistance for procreative ability.
Cooperative health care agreements between the military departments and
non-military health care entities
The House bill contained a provision (sec. 713) that
would authorize the secretary of each military department to
establish cooperative health care agreements between military
installations and local or regional health care entities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense was
provided the authority to enter into cooperative health care
agreements under section 713 of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 1073 note),
and that the Secretary may delegate this authority.
Pilot program on increased third-party collection reimbursements in
military medical treatment facilities
The House bill contained a provision (sec. 716) that
would require the Secretary of Defense to conduct a pilot
program to assess the feasibility of using revenue-cycle
improvement processes to increase amounts collected by military
treatment facilities from third party payers.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are encouraged by ongoing efforts of the
Department of Defense to identify and analyze industry best
practices to improve reimbursements from third-party payers for
charges for health care services incurred by the United States
at military treatment facilities. The conferees request that
the Department examine revenue-cycle improvement processes as
part of this effort.
Increased collaboration with NIH to combat triple negative breast
cancer
The House bill contained a provision (sec. 727) that
would require the Department of Defense to work in
collaboration with the National Institutes of Health to
identify specific genetic and molecular targets and biomarkers
for triple negative breast cancer and to provide information
that will enable triple negative breast cancer patients to be
identified earlier and aid the development of therapies for the
disease.
The Senate amendment contained no similar provision.
The House recedes.
Pilot program on payment for treatment of members of the armed forces
and veterans for traumatic brain injury and post-traumatic
stress disorder
The House bill contained a provision (sec. 728) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to each carry out a 5-year pilot program to
establish a process to provide payment for treatments of
traumatic brain injury or post-traumatic stress disorder
received by service members and veterans in health care
facilities other than military treatment facilities or
Department of Veterans Affairs medical facilities.
The Senate amendment contained no similar provision.
The House recedes.
Congressional support for greater awareness of post-traumatic stress
disorder
The House bill contained a provision (sec. 729) that
would express congressional support for the efforts of the
Secretary of Veterans Affairs and the Secretary of Defense to
educate service members, veterans, their families, and the
public about the causes, symptoms, and treatment of post-
traumatic stress disorder (PTSD). The provision would also
express support for the creation of an advisory committee on
PTSD to coordinate Department of Defense, Department of
Veterans Affairs, and other executive departments and agencies
for the prevention, diagnosis, and treatment of PTSD.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that language expressing the sense of
Congress in support of greater awareness for PTSD is included
elsewhere in this Act.
Report on Department of Defense support of members of the armed forces
who experience traumatic injury as a result of vaccinations
required by the Department
The Senate amendment contained a provision (sec. 732)
that would require the Secretary of Defense, in consultation
with the secretaries of the military departments, to report on
the adequacy and effectiveness of the policies, procedures, and
systems of the Department of Defense in providing support to
service members who experience traumatic injury as a result of
a vaccination required by the Department.
The House bill contained no similar provision.
The Senate recedes.
Report on implementation of recommendations of the Comptroller General
of the United States on prevention of hearing loss among
members of the armed forces
The Senate amendment contained a provision (sec. 734)
that would require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the status of implementation of the
recommendations of the Comptroller General of the United States
in the report ``Hearing Loss Prevention: Improvements to DOD
Hearing Conservation Programs Could Lead to Better Outcomes''
(GAO-11-114, January 2011).
The House bill contained no similar provision.
The Senate recedes.
The conferees request the Secretary of Defense to provide
the Committees on Armed Services of the Senate and the House of
Representatives with a briefing no later than March 1, 2013 on
the status of implementation of the Comptroller General's
recommendations to prevent hearing loss.
Sense of Senate on mental health counselors for members of the armed
forces, veterans, and their families
The Senate amendment contained a provision (sec. 735)
that would express the sense of the Senate that the Secretary
of Defense and the Secretary of Veterans Affairs should develop
a plan to ensure a sustainable flow of qualified counselors to
meet the long-term needs of members of the armed forces,
veterans, and their families.
The House bill contained no similar provision.
The Senate recedes.
Prescription drug take-back program for members of the armed forces and
their dependents
The Senate amendment contained a provision (sec. 736)
that would require the Secretary of Defense and the Attorney
General to jointly carry out a program under which members of
the armed forces and their dependents may deliver controlled
substances to such facilities as may be jointly determined by
the Secretary and Attorney General to be disposed of in
accordance with section 302(g) of the Controlled Substances Act
(21 U.S.C. 822(g)).
The House bill contained no similar provision.
The Senate recedes.
The conferees have been informed that the Drug
Enforcement Administration (DEA) has drafted a comprehensive
Notice of Proposed Rulemaking to implement the Secure and
Responsible Drug Disposal Act of 2010 (Public Law 111-273). The
conferees urge the DEA to ensure the Department of Defense is
provided the opportunity to review and provide comment on the
rule, and expect that the Department of Justice will keep
Congress informed of these efforts.
Assessment of adequacy of mental health care benefits under the TRICARE
program
The Senate amendment contained a provision (sec. 754)
that would require the Secretary of Defense, in consultation
with the Secretary of Health and Human Services, to enter into
a contract with an appropriate independent entity to assess
whether the mental health care benefits available for members
of the armed forces and other covered beneficiaries under the
TRICARE program are adequate to meet the needs of such members
and beneficiaries for mental health care.
The House bill contained no similar provision.
The Senate recedes.
Disposal of controlled substances
The Senate amendment contained a provision (sec. 758)
that would require the Administrator of the Drug Enforcement
Administration to enter into a memorandum of understanding with
each of the Secretary of Defense and the Secretary of Veterans
Affairs to establish procedures under which service members or
veterans may deliver a controlled substance to an employee of
the Department of Defense or the Department of Veterans Affairs
in accordance with section 302(g) of the Controlled Substances
Act (21 U.S.C. 822(g)).
The House bill contained no similar provision.
The Senate recedes.
The conferees have been informed that the Drug
Enforcement Administration (DEA) has drafted a comprehensive
Notice of Proposed Rulemaking to implement the Secure and
Responsible Drug Disposal Act of 2010 (Public Law 111-273). The
conferees urge the DEA to ensure the Department of Defense and
Department of Veterans Affairs are each provided the
opportunity to review and provide comment on the rule, and
expect that the Department of Justice will keep Congress
informed of these efforts.
Authority for Secretary of Veterans Affairs to furnish mental health
care through facilities other than vet centers to immediate
family members of members of the armed forces deployed in
connection with a contingency operation
The Senate amendment contained a provision (sec. 761)
that would authorize the Secretary of Veterans Affairs to
provide mental health care to family members of certain members
of the armed forces through Department of Veterans Affairs
medical facilities, telemental health modalities, and such
community, nonprofit, private, and other third parties as the
Secretary considers appropriate. This authority would expire 3
years after the date of the enactment of this Act.
The House bill contained no similar provision.
The Senate recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
Legislative Provisions Adopted
Subtitle A--Acquisition Policy and Management
Treatment of procurements on behalf of the Department of Defense
through the Work for Others program of the Department of Energy
(sec. 801)
The House bill contained a provision (sec. 801) that
would exempt procurements through the Department of Energy
(DOE) Work for Others program from requirements applicable to
interagency transactions of the Department of Defense (DOD)
under section 801 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
procurement requirements applicable to DOD procurements through
the DOE Work for Others program for the purposes of section
801. In general, the conferees understand that DOD officials
are required to comply with the requirements of the Defense
Supplement to the Federal Acquisition Regulation (DFARS), but
that DFARS requirements are not applicable to officials of
other federal agencies, except to the extent that they
implement statutory requirements specific to interagency
transactions.
Accordingly, DOD procurements of property and services
through the DOE Work for Others program comply with the
requirements of section 801 if they are consistent with the
Federal Acquisition Regulation and other laws and regulations
that apply to procurements of property and services by Federal
agencies generally, and with the following laws and regulations
specific to DOD transactions through the DOE Work for Others
program:
(A) the Memorandum of Agreement Between the Department of
Defense and the Department of Energy Governing Department of
Defense Funded Work Performed at the Department of Energy
Laboratories and Facilities (dated September 16, 2010), or a
successor agreement;
(B) the Memorandum of the Director of Defense Procurement
and Acquisition Policy on Department of Defense-Wide Policy for
Using the Department of Energy's Work for Others Program to
Access DOE-Owned Research, Development and Production
Facilities through Interagency Agreements (dated September 30,
2011), or a successor policy;
(C) the Standard Interagency Agreement Part A for DOD
Components and all DOE activities (dated December 16, 2010), or
a successor agreement;
(D) the Department of Energy Acquisition Regulations; and
(E) Department of Energy Order 481.1C, Work for Others
(Non-Department of Energy Funded Work (dated January 24, 2005)
as amended, or a successor order.
Review and justification of pass-through contracts (sec. 802)
The Senate amendment contained a provision (sec. 822)
that would prohibit the Department of Defense and other federal
agencies from awarding a contract for the performance of
services unless the contractor agrees that at least 50 percent
of the direct labor on the contract will be performed by the
contractor or by a subcontractor that is specifically
identified in the contract.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development (USAID) to revise guidance applicable to contracts,
task orders, and delivery orders awarded by such agencies for
which the prime contractor is expected to subcontract more than
70 percent of the total cost of work to be performed and ensure
that contracting officers consider alternative contracting
structures and approaches and justify their decisions in
writing.
The conferees note that Section 52.215-22 of the Federal
Acquisition Regulation, which implements the requirements of
section 866 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417), requires
offerors for certain contracts, task orders, and delivery
orders, to notify the government in their proposals if they
intend to subcontract more than 70 percent of the total cost of
the work to be performed. In accordance with Defense Contract
Audit Agency (DCAA) memorandum 11-PSP-003(R), DCAA is
responsible for reviewing pass-through charges in connection
with any such contract, task order, or delivery order to ensure
that such charges are reasonable. In accordance with applicable
DCAA standards, pass-through charges may be determined to be
reasonable because they are in accordance with a prime
contractor's established rates, even in a case where the prime
contractor does little more than monitor the performance of a
subcontractor. In such cases, the issue that should be
addressed by contracting officials is not whether the charges
are reasonable, but whether the contract structure and approach
is in the best interest of the Department of Defense, the
Department of State, or USAID.
The conferees direct the Comptroller General to report to
the congressional defense committees not later than 2 years
after the date of the enactment of this Act on the
implementation of this provision by the Department of Defense,
the Department of State, and USAID. The Comptroller General's
review should assess existing statutes and regulations relating
to pass-through contracts and pass-through charges and make any
recommendations that the Comptroller General determines to be
appropriate.
Availability of amounts in Defense Acquisition Workforce Development
Fund (sec. 803)
The Senate amendment contained a provision (sec. 823)
that would clarify the extent to which amounts in the Defense
Acquisition Workforce Development Fund (DAWDF) may be used for
training of temporary members of the acquisition workforce. The
provision would also extend direct hiring authority for the
Department of Defense acquisition workforce for an additional 2
years.
The House bill contained no similar provision.
The House recedes with an amendment that would update the
amounts available in the DAWDF to reflect the Department's
current plans for the acquisition workforce.
Department of Defense policy on contractor profits (sec. 804)
The Senate amendment contained a provision (sec. 824)
that would require the Secretary of Defense to review the
profit guidelines in the Department of Defense Supplement to
the Federal Acquisition Regulation.
The House bill contained no similar provision.
The House recedes with an amendment requiring the
Secretary to obtain the views of experts and interested parties
before completing the review and clarifying that Congress does
not intend the review to reach any pre-ordained conclusion.
The conferees direct the Secretary to provide periodic
updates to the congressional defense committees on the conduct,
progress, and results of the required review.
Modification of authorities on internal controls for procurements on
behalf of the Department of Defense by certain nondefense
agencies (sec. 805)
The Senate amendment contained a provision (sec. 825)
that would repeal the requirement for the Department of Defense
Inspector General to submit periodic follow-up reports on
internal controls for procurements made by the Department
through specified federal agencies.
The House bill contained no similar provision.
The House recedes.
The conferees expect the Inspector General to determine
the need for follow-on reports on the basis of a risk
assessment that weighs the vulnerability of inter-agency
contracting against other contracting vulnerabilities.
Extension of authority relating to management of supply-chain risk
(sec. 806)
The Senate amendment contained a provision (sec. 826)
that would extend to January 1, 2016, the pilot authority under
section 806 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383).
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
authority to September 30, 2018, and require the Department of
Defense to develop criteria for evaluating the effectiveness of
the program, assess the program on the basis of such criteria,
and report to the congressional defense committees on the
results.
Sense of Congress on the continuing progress of the Department of
Defense in implementing its Item Unique Identification
Initiative (sec. 807)
The Senate amendment contained a provision (sec. 827)
that would express the sense of the Senate in support of
efforts by the Department of Defense to implement its item
unique identification initiative.
The House bill contained no similar provision.
The House recedes with a technical amendment that would
make the provision a sense of Congress.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Limitation on use of cost-type contracts (sec. 811)
The Senate amendment contained a provision (sec. 801)
that would prohibit the use of cost-type contracts for the
production of major defense acquisition programs unless the
Under Secretary of Defense for Acquisition, Technology, and
Logistics determines that a cost-type contract is needed to
provide a required capability in a timely and cost-effective
manner.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the applicability of the provision.
The conferees believe that the Department of Defense
should select the contract type for a production program that
is consistent with the level of risk for the program.
Consistent with sound acquisition practice, however, very few
major defense acquisition programs should be in production
unless program risk has already been reduced to a manageable
level. Therefore, the conferees expect the Under Secretary to
be judicious in applying the authority to grant exceptions
under this provision.
Estimates of potential termination liability of contracts for the
development or production of major defense acquisition programs
(sec. 812)
The Senate amendment contained a provision (sec. 804)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on any case in which
the potential termination liability under a contract for the
development or production of major defense acquisition programs
exceeds $100 million.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
direct the Government Accountability Office to report to the
congressional defense committees on the extent to which the
Department of Defense (DOD) is considering potential
termination liability as a factor in entering and in
terminating contracts for major defense acquisition programs;
and (2) require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to review relevant acquisition
guidance and take such steps as are necessary to ensure that
potential termination liability is so considered.
The conferees expect DOD to ensure that information
regarding potential termination liability on contracts for the
development or production of major defense acquisition
programs, including estimates of potential termination
liability and how such termination liability is likely to
increase or decrease over the period of performance, is
available to the congressional defense committees upon request.
Technical change regarding programs experiencing critical cost growth
due to change in quantity purchased (sec. 813)
The Senate amendment contained a provision (sec. 805)
that would clarify the actions to be taken by the Department of
Defense in the case of programs that exceed thresholds for
critical cost growth due only to a change in the quantity of
items to be purchased.
The House bill contained no similar provision.
The House recedes.
Repeal of requirement to review ongoing programs initiated before
enactment of Milestone B certification and approval process
(sec. 814)
The Senate amendment contained a provision (sec. 806)
that would repeal the requirement for the Department of Defense
to conduct annual reviews of programs initiated before the
enactment of the certification requirements in section 2366b of
title 10, United States Code to determine whether or not they
meet the requirements under that section.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Modification of time period for congressional notification of the lease
of certain vessels by the Department of Defense. (sec. 821)
The House bill contained a provision (sec. 811) that
would amend section 2401 of title 10, United States Code, by
modifying the time period for congressional notification of the
lease of certain vessels from 30 days of continuous session to
60 days.
The Senate amendment contained a similar provision (sec.
886) that would change the notice period from 30 days of
continuous session to 30 days.
The Senate recedes.
Extension of authority for use of simplified acquisition procedures for
certain commercial items (sec. 822)
The House bill contained a provision (sec. 812) that
would extend the authority for use of simplified acquisition
procedures for certain commercial items to January 1, 2015.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Comptroller General to report to
the congressional defense committees, the Senate Committee on
Homeland Security and Governmental Affairs, and the House
Committee on Oversight and Government Reform by October 1,
2013, on the use of this authority. The Comptroller General's
report should address, at a minimum: (1) the extent of use of
the authority; (2) the cited rationales for use of the
authority; (3) the acquisition outcomes that have resulted; and
(4) any waste, fraud, or abuse that have resulted from the use
of the authority.
Codification and amendment relating to life-cycle management and
product support requirements (sec. 823)
The House bill contained a provision (sec. 813) that
would codify and amend the life cycle management and product
support requirements for major weapon systems in section 805 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84).
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Codification of requirement relating to Government performance of
critical acquisition functions (sec. 824)
The House bill contained a provision (sec. 814) that
would codify section 820 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
regarding government performance of critical acquisition
functions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment adding certain
positions to the list of critical acquisition functions, as
requested by the Department of Defense.
Competition in acquisition of major subsystems and subassemblies on
major defense acquisition programs (sec. 825)
The House bill contained a provision (sec. 815) that
would restrict Department of Defense obligations for operations
and maintenance pending a certification that the Department of
Defense is implementing the requirement in section 202 of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-
23) for competition throughout the life cycle of major weapon
systems.
The Senate amendment contained a provision (sec. 802)
that would strengthen the competition requirements in section
202.
The House recedes with a clarifying amendment.
The conferees agree that the full implementation of
section 202, including the requirement to ensure competition
throughout the life cycle of major weapon systems, can help
reduce costs, improve contractor performance, and result in
better products for the warfighter. The conferees direct the
Secretary of Defense to revise the guidance on operation and
support costs for major weapon systems required by section 832
of the National Defense Authorization Act for Fiscal Year 2012
an appropriate emphasis on the importance of competition in
holding down such costs.
Compliance with Berry Amendment required for uniform components
supplied to Afghan military or Afghan National Police (sec.
826)
The House bill contained a provision (sec. 819) that
would require the Department of Defense to comply with section
2533a of title 10, United States Code, known as the Berry
amendment, in purchases of textile components for the
production and supply of uniforms to the Afghan National Army
or the Afghan National Police.
The Senate amendment contained an identical provision
(sec. 867).
The conference agreement includes this provision.
Enhancement of whistleblower protections for contractor employees (sec.
827)
The Senate amendment contained a provision (sec. 844)
that would strengthen protections for contractor employees who
blow the whistle on waste, fraud, and abuse on Department of
Defense (DOD) contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
revise the provision to ensure that it fully covers contractors
of the National Aeronautics and Space Administration, as well
as DOD; (2) clarify that whistleblower remedies may include
only reasonable attorneys' fees; (3) modify the provision on
arbitration agreements; and (4) exclude elements of the
intelligence community from coverage.
The conferees agree that whistleblower complaints related
to commercial aviation safety issues are uniquely within the
expertise of the Federal Aviation Administration (FAA), and
should be investigated through FAA whistleblower procedures set
forth in section 106(t) of title 49, United States Code
(section 341 of Public Law 112-95), to the maximum extent
practicable. The conferees direct the DOD Inspector General to
work with the FAA Office of Audit and Evaluation and the
Occupational Safety and Health Administration to address
commercial aviation safety issues. The conferees note that DOD
remains responsible for the oversight and regulation of public
use aircraft, as defined in section 40102(a)(41)(E) of title
49, United States Code.
Pilot program for enhancement of contractor employee whistleblower
protections (sec. 828)
The Senate amendment contained a provision (sec. 844A)
that would provide enhanced statutory protections for employees
of civilian agency contractors who blow the whistle on waste,
fraud, and abuse on federal contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
clarify that whistleblower remedies may include only reasonable
attorneys' fees; (2) modify the provision on arbitration
agreements; (3) exclude elements of the intelligence community
from coverage; and (4) sunset the provision after 4 years.
Extension of contractor conflict of interest limitations (sec. 829)
The Senate amendment contained a provision (sec. 845)
that would require the Secretary of Defense to determine
whether contractor conflict of interest limitations should be
extended to additional categories of contractors.
The House bill contained no similar provision.
The House recedes with an amendment requiring the
Secretary of Defense to document in writing the results of the
review, including the findings and recommendations of the
review and the basis for those findings and recommendations.
The conferees direct the Secretary to provide a briefing to the
congressional defense committees on these matters, upon
request.
Repeal of sunset for certain protests of task and delivery order
contracts (sec. 830)
The Senate amendment contained a provision (sec. 846)
that would repeal the sunset date in section 2304c(e) of title
10, United States Code, regarding the authority to file bid
protests for certain task and delivery order contracts.
The House bill contained no similar provision.
The House recedes.
Guidance and training related to evaluating reasonableness of price
(sec. 831)
The Senate amendment contained a provision (sec. 841)
that would authorize the Department of Defense (DOD) to require
contractors to provide additional data, including certified
cost or pricing data, when necessary to evaluate the price
reasonableness of certain commercial items that are procured
for the support of a major system.
The House bill contained no similar provision.
The House recedes with an amendment that would require
DOD to issue guidance on the use of the authority provided by
sections 2379 and 2306a(d) of title 10, United States Code to
evaluate the reasonableness of contractor prices.
The conferees have determined that sections 2379 and
2306a(d) provide the Department with the authority that it
needs to obtain price information and uncertified cost
information, when necessary to evaluate the price
reasonableness of commercial items. The inconsistent use of
this authority by the Department appears to have created
uncertainty in the vendor community without assuring reasonable
prices. The conferees expect the guidance required by this
section to address these problems.
Department of Defense access to, use of, and safeguards and protections
for contractor internal audit reports (sec. 832)
The Senate amendment contained a provision (sec. 843)
that would clarify the access of the Defense Contract Audit
Agency (DCAA) to contractor internal audit reports and
supporting materials.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the limited purposes for which such audit access is provided
and establish safeguards and protections to ensure that audit
materials are not used for any other purposes. Subsection (b)
of the provision would establish documentation requirements for
DCAA requests of internal audit reports or supporting
materials. The conferees direct the Director of DCAA to provide
the required documentation to the congressional defense
committees, upon request. The conferees understand that the
documentation provided to the congressional defense committees
would not include copies of any contractor internal audit
reports or supporting materials.
Contractor responsibilities in regulations relating to detection and
avoidance of counterfeit electronic parts (sec. 833)
The House bill contained a provision (sec. 816) that
would provide that costs associated with the use of counterfeit
parts are allowable costs on the defense contracts of a
contractor that has a system to detect and avoid such parts
that has been reviewed and approved by the Department of
Defense and that gives timely notice to the Government of any
discovery or suspicion of such parts in its supply chain if:
(1) the parts were procured from a trusted supplier; or (2) the
parts were provided to the contractor as government-furnished
property in accordance with part 45 of the Federal Acquisition
Regulation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
that such costs are allowable costs only if the parts were
provided to the contractor as government-furnished property.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Extension and expansion of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan (sec. 841)
The House bill contained a provision (sec. 821) that
would extend and expand authority for the Department of Defense
to acquire supplies on a non-competitive basis in certain
countries that are assisting the Department's efforts in
Afghanistan.
The Senate amendment contained a provision (sec. 866)
that would extend the same authority.
The Senate recedes with an amendment that would delete a
limitation on the use of funds until the Government of Pakistan
agrees to take certain steps, which have now taken place.
Limitation on authority to acquire products and services produced in
Afghanistan (sec. 842)
The House bill contained a provision (sec. 822) that
would update section 886 of the National Defense Authorization
Act for Fiscal Year 2008 and prohibit the use of the authority
provided by that section until such a time as the Secretary of
Defense determines that the Government of Afghanistan is not
taxing assistance provided by the United States to Afghanistan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would update
section 886, but exclude the new prohibition.
The conferees agree that actions taken by the Government
of Afghanistan to tax assistance provided by the United States
to Afghanistan are in violation of existing agreements between
the United States and Afghanistan. The conferees direct the
Secretary of Defense, in consultation with the Secretary of
State, to report to the congressional defense committees not
later than 180 days after the date of the enactment of this Act
on steps that the U.S. government has taken or plans to take to
address this problem.
Responsibility within Department of Defense for operational contract
support (sec. 843)
The Senate amendment contained a provision (sec. 861)
that would require the Secretary of Defense to prescribe in
regulations the chain of authority and responsibility within
the Department of Defense for policy planning and execution of
contract support for overseas contingency operations.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
provision to address operational contract support in overseas
operations of all kinds.
Data collection on contract support for future overseas contingency
operations involving combat operations (sec. 844)
The Senate amendment contained a provision (sec. 862)
that would require annual reports on contract support for any
future overseas contingency operation meeting specified
criteria.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
require the Secretary of Defense (DOD), the Secretary of State,
and the Administrator of the United States Agency for
International Development to ensure that their agencies have
the capability in place to collect and report relevant data on
contract support for future overseas contingency operations;
and (2) require the Government Accountability Office (GAO) to
report to the appropriate congressional committees on the
adequacy of data collection systems established for this
purpose.
The ability of the DOD and other federal agencies to
effectively manage and coordinate contractors depends on the
timely availability of reliable data upon which to make
informed decisions. If data is lacking or is unreliable, there
may not be an appropriate basis for measuring or assessing the
effectiveness of contracting, making policy decisions, and
ensuring transparency of government operations.
In Iraq and Afghanistan, DOD and other federal agencies
have been unable to accurately track data on contracts and
contractors. In 2004, the U.S. Army Corps of Engineers and the
Project and Contracting Office developed the Iraq
Reconstruction Management System (IRMS) to serve as a single
database for tracking, coordinating, and managing all U.S.
Government agency projects receiving Iraq Relief and
Reconstruction Funds. According to the Special Inspector
General for Iraq Reconstruction, IRMS had a short design life
and rapidly became operationally unreliable and unstable. DOD
and other agencies frequently used internal systems to track
and manage their own projects. In July 2008, DOD and the
Department of State agreed to use the Synchronized
Predeployment Operational Tracker (SPOT) as a common database
and system of record for data on contracts and contractor
personnel. However, GAO and others have raised serious
questions about the reliability of the data contained in SPOT.
The conferees conclude that improved contract data systems are
critical to ensure sound decision-making and transparency in
future overseas operations.
Inclusion of operational contract support in certain requirements for
Department of Defense planning, joint professional military
education, and management structure (sec. 845)
The Senate amendment contained a provision (sec. 863)
that would require the Department of Defense to address issues
arising out of contract support for overseas contingency
operations in several military systems and processes.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the provision applies to all types of operational contract
support and delete subsection (c) of the Senate provision
relating to joint professional military education.
The conferees direct the Secretary of Defense to ensure
that the curriculum established for each phase of joint
professional military education pursuant to section 2154 of
title 10, United States Code, includes content appropriate for
such phase on requirements definition, program management for
operational contract support, contracting for operational
contract support, and the strategic impact of contracting on
military missions.
Requirements for risk assessments related to contractor performance
(sec. 846)
The Senate amendment contained a provision (sec. 864)
that would require the Department of Defense, the Department of
State, and the United States Agency for International
Development to perform risk assessments and develop risk
mitigation plans for risks associated with contractor
performance of critical functions in support of any contingency
operation that is expected to continue for more than 1 year and
require the expenditure of more than $250.0 million for
contract support.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the provision and add a requirement that operational plans
developed by combatant commanders address potential risks
associated with reliance on contractors to perform critical
functions.
Extension and modification of reports on contracting in Iraq and
Afghanistan (sec. 847)
The Senate amendment contained a provision (sec. 865)
that would extend for 2 years the requirement for an annual
report on contracting in Iraq and Afghanistan pursuant to
section 863 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), as amended by section
835 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Responsibilities of Inspectors General for overseas contingency
operations (sec. 848)
The Senate amendment contained a provision (sec. 869)
that would establish the oversight responsibilities of the
Inspectors General of the Department of Defense, the Department
of Defense, and the United States Agency for International
Development for overseas contingency operations.
The House bill contained no similar provision.
The House recedes with an amendment streamlining the
provision.
The conferees agree that establishing clear oversight
responsibility is essential to minimize fraud, waste, and abuse
in future overseas contingency operations.
Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief Acquisition
Officers of Federal agencies (sec. 849)
The Senate amendment contained a provision (sec. 871)
that would establish the responsibility of the Chief
Acquisition Officers of federal agencies for providing
oversight of contracts and contracting activities of their
agencies in support of overseas contingency operations.
The House bill contained no similar provision.
The House recedes.
Reports on responsibility within Department of State and the United
States Agency for International Development for contract
support for overseas contingency operations (sec. 850)
The Senate amendment contained a provision (sec. 872)
that would require the Secretary of State and the Administrator
for the United States Agency for International Development
(USAID) to submit a report to Congress on contract support for
overseas contingency operations, including an assessment of the
relevant agency chain of command, procedures and processes, and
strategies for improvements.
The House bill contained no similar provision.
The House recedes.
The conferees agree on the importance of a clear chain of
responsibility for policy, planning, execution, and management
of contract support for overseas contingency operations. The
need for further clarification on this issue is underscored by
Government Accountability Office report GAO-12-854R, ``Agency
Actions to Address Recommendations by the Commission on Wartime
Contracting in Iraq and Afghanistan,'' which noted that the
Department of State and USAID have no plans to implement
approximately two-thirds of the recommendations of the
Commission on Wartime Contracting in Iraq and Afghanistan.
Database on price trends of items and services under Federal contracts
(sec. 851)
The Senate amendment contained a provision (sec. 874)
that would require the Administrator for Federal Procurement
Policy to establish a database of information on price trends
for items and services under contracts with the Federal
Government.
The House bill contained no similar provision.
The House recedes.
The conferees note that the Department of Defense (DOD)
already maintains a database of price information pursuant to
section 892 of the Ike Skelton National Defense Authorization
for Fiscal Year 2011 (Public Law 111-383) and the ``Better
Buying Power'' initiative of the Secretary of Defense. The
conferees understand that the DOD database will serve as a
model for the government-wide database and that the Department
will not be required to establish a new database to comply with
the requirements of this section.
Information on corporate contractor performance and integrity through
the Federal Awardee Performance and Integrity Information
System (sec. 852)
The Senate amendment contained a provision (sec. 875)
that would require a modification to the Federal Awardee
Performance and Integrity Information System to include
information on parent, subsidiary, and successor entities.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Inclusion of data on contractor performance in past performance
databases for executive agency source selection decisions (sec.
853)
The Senate amendment contained a provision (sec. 876)
that would require the prompt inclusion of data on contractor
performance in past performance databases and establish the
timeline for contractor comments and responses.
The House bill contained no similar provision.
The House recedes.
The conferees note that this section would extend to
civilian agencies requirements that are identical to the
requirements already applicable to the Department of Defense
pursuant to section 806 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81).
Subtitle E--Other Matters
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. 861)
The Senate amendment contained a provision (sec. 881)
that would require the suspension and debarment officials of
the military departments and the Defense Logistics Agency, and
of the Department of State and the United States Agency for
International Development, to be independent of acquisition
officials and to develop written policies for the consideration
and documentation of referrals and decisions.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
and streamline the provision. The conferees direct suspension
and debarment officials to ensure that the documentation
guidance required by this provision addresses, at a minimum,
documentation requirements for decisions to suspend or debar,
decisions not to suspend or debar, decisions to decline to
pursue suspension or debarment, and administrative agreements
entered into in lieu of suspension or debarment.
Uniform contract writing system requirements (sec. 862)
The Senate amendment contained a provision (sec. 882)
that would require the Department of Defense, the Department of
State, and the United States Agency for International
Development to establish uniform standards and requirements for
the processing of procurement requests, contracts, receipts,
and invoices.
The House bill contained no similar provision.
The House recedes.
Extension of other transaction authority (sec. 863)
The Senate amendment contained a provision (sec. 887)
that would extend for 5 years the authority for the Secretary
of Defense to carry out a pilot program for the acquisition of
certain prototypes pursuant to ``other transactions'' under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160).
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to review
the authority extended by this provision and make a
recommendation as to whether the authority should be made
permanent. The conferees expect the Secretary to ensure that
applicable guidance provides appropriate safeguards against
abuse before seeking permanent authority.
Report on allowable costs of compensation of contractor employees (sec.
864)
The Senate amendment contained a provision (sec. 842)
that would reduce the limitation on allowable compensation for
defense contractor employees from the median amount of
compensation provided to senior executives in large United
States corporations (currently $763,000) to the maximum level
of compensation for federal employees, which is set at the
annual salary of the Vice President of the United States
(currently $230,700). The provision would also require a report
by the Department of Defense Inspector General on allowable
costs of employee compensation.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report by the Comptroller General on allowable costs of
employee compensation. The conferees conclude that Congress
should have the benefit of this review before mandating a new
or revised cap on such compensation.
Reports on use of indemnification agreements (sec. 865)
The Senate amendment contained a provision (sec. 847)
that would require the Department of Defense to report to the
congressional defense committees on the use of indemnification
agreements in defense contracts.
The House bill contained no similar provision.
The House recedes.
Plan to increase number of contractors eligible for contracts under Air
Force NETCENTS-2 contract (sec. 866)
The Senate amendment contained a provision (sec. 889C)
that would require the Secretary of Defense to develop 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 contract.
The Secretary would be required to submit that plan to the
congressional defense committees within 180 days of enactment
of this Act.
The House bill contained no similar provision.
The House recedes.
Inclusion of information on prevalent grounds for sustaining bid
protests in annual protect report by Comptroller General to
Congress (sec. 867)
The Senate amendment contained a provision (sec. 889D)
that would require the Comptroller General to include
information on common grounds for sustaining bid protests in
annual reports to Congress.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Legislative Provisions Not Adopted
Management structure for developmental test and evaluation
The Senate amendment contained a provision (sec. 803)
that would clarify the oversight and supervisory
responsibilities of the Deputy Assistant Secretary of Defense
for Developmental Test and Evaluation over the chief
developmental testers and lead developmental test and
evaluation organizations of the military departments.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the matters addressed in the Senate
provision are addressed elsewhere in the conference agreement.
Prohibition on contracting with persons that have business operations
with state sponsors of terrorism
The House bill contained a provision (sec. 803) that
would prohibit the Department of Defense from entering
contracts with persons that have business operations with state
sponsors of terrorism.
The Senate amendment contained no similar provision.
The House recedes.
Additional definition relating to production of specialty metals within
the United States
The House bill contained a provision (sec. 817) that
would provide a statutory definition for the term ``produced''
as used in section 2533b of title 10, United States Code,
requiring that specialty metals be produced in the United
States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 823 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383) required the Secretary of Defense to review and
revise the regulatory definition for the term ``produced,'' as
necessary and appropriate. On July 24, 2012--almost a year
after the statutory deadline--a proposed rule revising the
definition was published for comment in the Federal Register.
The conferees are disappointed by this delay and urge the
Secretary to complete the regulatory process as quickly as
possible.
Assessment of infrared technology sectors
The House bill contained a provision (sec. 818) that
would direct the Department of Defense (DOD) to conduct an
assessment and report on the health and status of various
sectors of the national defense infrared technology industrial
base.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to assess
the health and status of the relevant industrial base sectors
critical to the design, development, and manufacturing of
infrared technologies of interest to the national defense
community. The technologies of interest include, but are not
limited to, focal plane arrays, as well as associated
electronics, cooling technologies, and integrated imaging
systems. The assessment shall leverage the on going DOD sector-
by-sector, tier-by-tier industrial base assessment activities
by the Deputy Assistant Secretary of Defense for Manufacturing
and Industrial Base Policy and the Department of Defense shall
brief the congressional defense committees on the findings of
the assessment within 120 days after the date of the enactment
of this Act.
One-year extension of temporary limitation on aggregate annual amount
available for contract services
The Senate amendment contained a provision (sec. 821)
that would extend for 1 year the limitation on aggregate annual
spending for contract services in section 808 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the level of authorized spending
for contract services is addressed elsewhere in this conference
report.
Enhancement of review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs
The House bill contained a provision (sec. 831) that
would strike the requirement in section 804 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383) that the streamlined acquisition process for rapid
fielding of capabilities in response to urgent operational
needs be used only for capabilities that can appropriately be
acquired under fixed-price contracts.
The Senate amendment contained no similar provision.
The House recedes.
Location of contractor-operated call centers in the United States
The House bill contained a provision (sec. 832) that
would require that any call center operated pursuant to a
Department of Defense contract be located in the United States.
The Senate amendment contained no similar provision.
The House recedes.
Consideration and verification of information relating to effect on
domestic employment of award of defense contracts
The House bill contained a provision (sec. 833) that
would authorize Department of Defense officials to consider
information relating to the effect on employment in the United
States in making award decisions for competitive proposals.
The Senate amendment contained no similar provision.
The House recedes.
Requirement to include trafficking in persons in performance
assessments of defense contractors
The House bill contained a provision (sec. 835) that
would require the inclusion of trafficking in persons in any
performance assessment of a defense contractor or
subcontractor.
The Senate amendment contained no similar provision.
The House recedes.
The issue of trafficking in persons by defense
contractors, subcontractors, and by labor recruiters, brokers,
and agents for such contractors and subcontractors, is
comprehensively addressed elsewhere in the conference report.
Short title
The Senate amendment contained a provision (sec. 860)
that would provide a short title for the wartime subcontracting
subtitle of the bill.
The House bill contained no similar provision.
The Senate recedes.
Sense of Senate on the contributions of Latvia and other North Atlantic
Treaty Organization member nations to the success of the
Northern Distribution Network
The Senate amendment contained a provision (sec. 868)
that would express the sense of the Senate commending Latvia
and other North Atlantic Treaty Organization (NATO) member
states along the Northern Distribution Network (NDN) for their
contributions in maintaining reliable lines of supply for U.S.
and coalition forces in Afghanistan. The provision would also
express support for efforts by the Department of Defense (DOD)
to procure goods from Latvia and other NATO member states along
the NDN when competitively-priced quality products are
available.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the mutually-beneficial relationship
that the United States has with Latvia and other NATO member
nations along the NDN for supplying U.S. and coalition forces
in Afghanistan. The conferees encourage DOD to continue to
cultivate this important relationship.
Agency reports and inspector general audits of certain information on
overseas contingency operations
The Senate amendment contained a provision (sec. 870)
that would require inspector general audits of certain
information provided by the Department of Defense (DOD), the
Department of State (State), and the United States Agency for
International Development (USAID).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that a separate provision of this Act
would clarify the responsibility of the Inspectors General of
DOD, State, and USAID for reviewing and ascertaining the
accuracy of information provided by federal agencies relative
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
contingency operations.
Professional education for Department of State personnel on acquisition
for Department of State support and participation in overseas
contingency operations
The Senate amendment contained a provision (sec. 873)
that would require the Secretary of State to develop and
administer a course of professional education on acquisition
for specified Department of State personnel.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree on the importance of professional
education on acquisition matters for key personnel responsible
for contract support in overseas contingency operations and
expect the Department of State to take appropriate steps to
ensure the development and implementation of suitable training
courses. The conferees intend to work with the committees of
jurisdiction in the Senate and the House of Representatives to
ensure proper oversight of these efforts.
Public availability of database of senior Department of Defense
officials seeking employment with defense contractors
The Senate amendment contained a provision (sec. 877)
that would require that information in the database established
pursuant to section 847(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) be
made available to the public.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the database established pursuant
to section 847(b) consists of written legal opinions prepared
by DOD ethics officials and provided to DOD personnel on an
individual basis to help guide their conduct.
Additional bases for suspension or debarment
The Senate amendment contained a provision (sec. 881A)
that would provide for mandatory consideration of suspension or
debarment in certain circumstances.
The House bill contained no similar provision.
The Senate recedes.
Comptroller General of the United States review of use by the
Department of Defense, the Department of State, and the United
States Agency for International Development of urgent and
compelling exception to competition
The Senate amendment contained a provision (sec. 883)
that would require the Government Accountability Office (GAO)
to review the use by the Department of Defense (DOD), the
Department of State, and the United States Agency for
International Development of the unusual and compelling urgency
exception to full and open competition.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Comptroller General to report to
the appropriate congressional committees by not later than 1
year after the date of the enactment of this Act on the use of
the urgent and compelling exception by the DOD, the Department
of State, and the United States Agency for International
Development. The Comptroller General's report should address,
at a minimum, the following: (1) the pattern of use of the
exception by acquisition organizations; (2) the range of items
or services acquired through the use of the exception; (3) the
process for reviewing and approving justifications involving
the exception; (4) whether the justifications meet the
requirements of the Federal Acquisition Regulation; (5) the
extent to which the exception is used as a basis for sole-
source procurements, and whether such use is justified; and (6)
agency compliance with the statutory requirement to limit the
duration of contracts awarded pursuant the exception.
Authority to provide fee-for-service inspection and testing by Defense
Contract Management Agency for certain critical equipment in
the absence of a procurement contract
The Senate amendment contained a provision (sec. 884)
that would authorize the Defense Contract Management Agency
(DCMA) to accept reimbursement from a manufacturer or assembler
for testing and inspection of an item when the nature of the
item requires such inspection or testing as a precondition to
government acceptance of the item under a future government
contract.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the Department of Defense
(DOD) requested this authority to enable contractors who choose
to proceed with the development of new defense products at
their own risk to have those products tested and qualified in
advance of the award of a contract, shortening the lead times
necessary to meet military requirements. However, the conferees
are concerned that the proposed legislation included no
mechanisms to ensure that: (1) small businesses that cannot
afford to pay for inspection or testing have equal access to
the program; and (2) the program is used only for high priority
military needs and not to advantage particular manufacturers or
products in a competitive market. The conferees are also
concerned that DCMA may not be the most appropriate, or the
only, testing resource that should be made available for the
purpose of pre-award testing. The conferees remain open to a
future legislative proposal that addresses these issues.
Report by the suspension and debarment officials of the military
departments and the Defense Logistics Agency
The Senate amendment contained a provision (sec. 889)
that would require the suspension and debarment officials of
the military departments and the Defense Logistics Agency (DLA)
to report to the congressional defense committees on the
timeliness of suspension and debarment processes and decisions.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the suspension and debarment
officials of the military departments and DLA, in coordination
with Department of Defense officials responsible for preparing
suspension and debarment cases, to report to the congressional
defense committees on: (1) target goals for preparing and
processing suspension and debarment cases; (2) average times
for preparing and processing suspension and debarment cases;
and (3) if the military department or DLA is not meeting target
goals, an explanation for the shortcoming and a description of
actions that have been taken or will be taken to ensure that
target goals for preparing and processing suspension and
debarment cases are met in the future.
Annual report on defense contracting fraud
The Senate amendment contained a provision (sec. 889B)
that would require the Department of Defense to report annually
on contracts awarded to companies that have previously been
indicted for, settled charges of, been fined for, or been
convicted of fraud.
The House bill contained no similar provision.
The Senate recedes.
Title IX--Department of Defense Organization and Management
Subtitle A--Department of Defense Management
Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board (sec. 901)
The House bill contained a provision (sec. 901) that
would amend section 139c of title 10, United States Code, to
specify the duties of the Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy. The provision
would also amend section 187 of title 10, United States Code,
to realign the membership of the Strategic Materials Protection
Board.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees are concerned that responsibility for the
secure supply of materials critical to national security, which
supports the defense industrial base, is decentralized
throughout the Department of Defense. Therefore, the conferees
believe that in order to support a more coherent, comprehensive
strategy as it pertains to materials critical to national
security, the office of the Deputy Assistant Secretary of
Defense for Manufacturing and Industrial Base Policy should
provide relevant policy guidance and oversight of matters that
pertain to ensuring reliable resource availability of materials
critical to national security.
Requirement for focus on urgent operational needs and rapid acquisition
(sec. 902)
The House bill contained a provision (sec. 902) that
would require the Secretary of Defense to designate a senior
official to be the focal point within the Department of Defense
(DOD) to lead the Department's urgent operational needs and
rapid acquisition efforts.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that this provision does not require
the creation of a new position or a new office, but can be
addressed by the designation of a senior official in an
existing position. DOD Directive 5000.71, dated August 24,
2012, establishes the Warfighter Senior Integration Group as a
standing DOD-wide forum to lead and facilitate rapid responses
to urgent operational needs identified by combatant commanders
and assigns key policy and implementation responsibilities to
the Director of the Joint Rapid Acquisition Cell.
The conferees also note that Chairman of the Joint Chiefs
of Staff Instruction 3170.01H, issued January 10, 2012, and the
Manual for the Operation of the Joint Capabilities Integration
and Development System, issued January 19, 2012, establish a
new category of requirement, known as Joint Emergent
Operational Needs (JEON). Under the Instruction and the Manual,
JEONs may be acquired through rapid fielding processes
developed for acquisitions to meet Joint Urgent Operational
Needs (JUON). The Instruction and the Manual make little
distinction between JUONs and JEONs: both go through the same
rapid acquisition process, both are authorized to use the same
expedited alternatives to Analyses of Alternatives, both are
permitted to proceed directly to procurement ``without the need
to develop and validate any of the other associated JCIDS
[Joint Capabilities Integration Development System]
documents''; and both are assessed for long-term operational
utility only after they have been fielded. Unlike JUONs,
however, JEONs are not subject to statutory requirements
limiting them to capabilities that can be fielded within 2
years, do not require extensive development, are based on
proven technologies, and can be appropriately acquired through
fixed price contracts.
The conferees conclude that JEONs must be more than a
process for avoiding the up-front planning requirements of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-
23) and the limitations established in section 804(b) of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383). Accordingly, the conferees direct
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, in coordination with the Vice Chairman of the Joint
Chiefs of Staff, to develop additional guidance for JEONs,
including:
criteria for assessing the urgency of
requirements (including a determination of the
likelihood of ``an anticipated or pending contingency
operation'');
standards for ensuring that technologies are
sufficiently mature to be suitable for rapid
acquisition;
procedures for ensuring the appropriate
consideration of alternative solutions; and
processes for ensuring appropriate cost-
performance trade-offs, sound cost estimates, and
robust testing and systems engineering.
In the absence of well-developed protections along these
lines, the conferees do not believe that rapid acquisition
processes are an appropriate mechanism to meet requirements
identified as JEONs.
Finally, the conferees note that Section 804 required the
Secretary of Defense to conduct a comprehensive review of the
Department's urgent operational needs and rapid acquisition
processes and report the findings to the congressional defense
committees by January 2012. The conferees are disappointed that
the Department has yet to transmit the required report.
Designation of Department of Defense senior official for enterprise
resource planning system data conversion (sec. 903)
The House bill contained a provision (sec. 903) that
would require the Secretary of Defense to designate a senior
official in the Department of Defense with principal
responsibility for coordination and management oversight of
data conversion for enterprise resource planning systems and
set forth the responsibilities of that senior official.
The Senate amendment contained no similar provision.
The Senate recedes.
Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation
(sec. 904)
The House bill contained a provision (sec. 904) that
would clarify the responsibilities and resources available to
the Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation (DASD(DT&E)).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
authorize the DASD(DT&E) to communicate directly to the Under
Secretary of Defense for Acquisition, Technology, and Logistics
(USD(AT&L)) on matters within the statutory responsibilities of
the office; (2) clarify the oversight and supervisory
responsibilities of the DASD(DT&E) over the chief developmental
testers and lead developmental test and evaluation
organizations of the military departments; (3) ensure that the
DASD(DT&E) is consulted on assessments of technical maturity
and integration risk of critical technologies at key stages in
the acquisition process; (4) provide for the DASD(DT&E) to
serve concurrently as the Director of the Defense Test Resource
Management Center (TRMC); (5) require that the DASD(DT&E) be
provided sufficient professional staff and civilian personnel
to carry out the statutory responsibilities of the office; (6)
ensure that the DASD(DT&E) has prompt access to test records
and data relating to major defense acquisition programs; (7)
require that the DASD(DT&E) and the Deputy Assistant Secretary
of Defense for Systems Engineering provide separate reports to
Congress; (8) provide for separate sections in the DASD(DT&E)'s
report addressing the activities of the TRMC and assessing the
adequacy of resources available to the DASD(DT&E) and to
matrixed organizations, including the lead developmental test
and evaluation organizations of the military departments; (9)
require the USD(AT&L) to report annually to the congressional
defense committees on any decision by a major defense
acquisition program to disregard the recommendations of the
DASD(DT&E) regarding either elements to be included in the
developmental test and evaluation plan for the program or the
readiness of the program to proceed to initial operational
testing and evaluation; and (10) require the USD(AT&L) to
notify the congressional defense committees of any decision to
conduct developmental testing on a major defense acquisition
program without an approved test and evaluation plan in place.
The Weapon Systems Acquisition Reform Act of 2009 (Public
Law 111-23) established the position of DASD(DT&E) because of a
recognition that developmental testing and evaluation plays a
critical role in identifying and correcting problems in major
weapon systems early, before they lead to excessive cost
overruns and schedule delays. For this reason, the conferees
are disappointed that the Department of Defense has not yet
fully resourced the office of DASD(DT&E) and has not always
included DASD(DT&E) in key meetings regarding major defense
acquisition programs. The conferees are also troubled that the
military departments have not always provided test records and
data in a timely manner and have not given adequate attention
to shortcomings identified by DASD(DT&E) in developmental
testing. The conferees expect the Department to take prompt and
aggressive action to address these shortcomings.
The conferees note that the provision would require the
Secretary of Defense to ensure that the DASD(DT&E) has
sufficient professional staff of military and civilian
personnel to enable the Deputy Assistant Secretary to carry out
the duties and responsibilities prescribed by law. In this
regard, the conferees are particularly concerned by the low
number of members of the senior executive service who have been
assigned to the Office of Developmental Test and Evaluation.
The conferees direct the USD(AT&L), as he evaluates the
organization and staffing of his office, to give careful
consideration to the question whether the DASD(DT&E) is
adequately resourced and appropriately placed within the
office.
Definition and report on terms ``preparation of the environment'' and
``operational preparation of the environment'' for joint
doctrine purposes (sec. 905)
The Senate amendment contained a provision (sec. 901)
that would require the Secretary of Defense to formally define
the terms ``preparation of the environment (PE)'' and
``operational preparation of the environment (OPE)'' for the
purposes of Joint Doctrine and provide the Committees on Armed
Services of the Senate and House of Representatives a report,
including: the definitions of PE and OPE, examples of PE and
OPE activities highlighting application of the concepts and
drawing distinctions between the two types of activities, and
an assessment of the respective roles of special operations and
general purpose forces in conducting PE and OPE activities.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the reporting format to include a classified annex.
The conferees are concerned that, despite frequent use,
the terms PE and OPE are not accurately defined or clearly
understood, and are often used interchangeably to describe
various Title 10 activities by special operations and general
purpose forces. Furthermore, the conferees believe the
inadequate definition of these terms has resulted in confusion
within the military, friction in the interagency coordination
process, and reduced congressional oversight by the defense
committees. In responding to subsections (b)(2), (b)(4), and
(b)(5) of the required report, the conferees direct the
Secretary of Defense to provide examples of activities meeting
the definitions of operational preparation of the environment
and preparation of the environment as well as an assessment of
the appropriate roles of special operations forces and general
purpose forces in carrying out such activities in all relevant
domains, including land, sea, air, space, and cyber.
Information for Deputy Chief Management Officer of the Department of
Defense from the military departments and Defense Agencies for
defense business system investment reviews (sec. 906)
The Senate amendment contained a provision (sec. 904)
that would ensure that the Deputy Chief Management Officer of
the Department of Defense has access to information relevant to
the performance of the functions of that office.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle B--Space Activities
Reports on Integration of Acquisition and Capability Delivery Schedules
for Segments of Major Satellite Acquisition Programs and
Funding for Such Programs (sec. 911)
The House bill contained a provision (sec. 911) that
would direct the Under Secretary of Defense for Acquisition,
Technology, and Logistics to submit an annual assessment for 5
years on the synchronization of satellite, ground, and user
terminal segments of space major defense acquisition programs.
For each such space program for which a primary capability of
such program will be operable by one program segment at least 1
year after the date on which such capability is operable by
another program segment, the Under Secretary would provide the
cause of the delay, identify the steps the Department is taking
to improve the alignment of when the program segments become
operable, and outline the related challenges, costs, and risks.
The assessment would also include a description of the impact
to the mission of the space system from the delay.
The Senate amendment contained a provision (sec. 913)
that would require the Under Secretary of Defense for
Acquisition, Technology, and Logistics to track concurrently
the development of both the satellite and ground systems and to
report to Congress corrective measures that will be taken when
the satellite and ground systems are more than 1 year apart in
synchronization.
The House recedes with an amendment that would require a
report on each major satellite acquisition program assessing
the integration of acquisition and delivery of capabilities of
program segments and, if the program is determined to be non-
integrated, what the impacts are on mission and what measures
should be taken to ensure the program is integrated. The
amendment requires the milestone decision authority to submit a
similar report as part of the documentation used to approve the
acquisition of a major satellite program and again at milestone
B. The amendment requires, if after submission of the report,
the Under Secretary of Defense for Acquisition, Technology, and
Logistics determines the program is non-integrated, the Under
Secretary shall submit to the congressional defense committees
a report identifying its impact on mission, measures to improve
acquisition, and any risks and challenges that impede the
ability to integrate the program. The Under Secretary shall
continue to update the report with the President's budget
submission to Congress for 5 years unless the program becomes
integrated before that time. If the program continues to be
non-integrated at the end of 5 years, the Government
Accountability Office shall review the program and submit the
results of the review to the congressional defense committees.
Commercial space launch cooperation (sec. 912)
The House bill contained a provision (sec. 916) that
would provide authorities for the Department of Defense to
enter into contracts with private entities for cooperation on
launch ranges and facilities.
The Senate amendment contained a similar provision (sec.
912).
The Senate recedes with a clarifying amendment.
The conferees note that this provision applies only to
bases and launch facilities administered by the Department of
Defense and is intended for those commercial entities who
already operate at Department of Defense sites or will be
required to operate there due to the nature of the mission they
are conducting.
Limitations on international agreements concerning outer space
activities (sec. 913)
The House bill contained a provision (sec. 913) that
would prohibit funds authorized to be appropriated by this or
any other Act for use by the Secretary of Defense or the
Director of National Intelligence to limit the activities of
the Department of Defense or the Intelligence Community in
outer space to implement or comply with an international
agreement concerning outer space activities unless such
agreement is ratified by the Senate or authorized by statute.
The provision would require a report not later than 90 days
after the date of enactment of this Act by the Secretary of
State and the Secretary of Defense on the negotiations on an
international agreement concerning outer space activities. The
provision would also require the Secretary of Defense to submit
to Congress, including all committees with an interest in outer
space activities, an unclassified annual report by January 1st
of each year, detailing foreign countries, including the names
of such countries, with counter-space programs that could be a
threat to the national security or commercial space systems of
the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
certification by the President that, 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 other similar agreement, the agreement
has no legally binding effect for limiting activities by the
United States in outer space. Furthermore, the provision would
require the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, and the Director of National Intelligence to
certify that the agreement is equitable, enhances national
security, and has no militarily significant impact on the
United States' ability to conduct military or intelligence
activities in outer space. The amendment would require regular
briefings to Congress on the status of any negotiation leading
to such a non-legally binding international agreement
concerning an International Code of Conduct for Outer Space
Activities or any other similar agreement. 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 other similar agreement, the amendment
would require notification to Congress at least 60 days prior
to signing such an agreement by the head of each agency or
department of the Federal Government addressing the effects of
such action.
The conferees do not intend the certification requirement
in this provision to set any legislative precedent regarding
non-legally binding international agreements, which shall each
be evaluated on a case-by-case basis.
Operationally Responsive Space Program Office (sec. 914)
The Senate bill contained a provision (sec. 911) that
would give acquisition authority for the Operationally
Responsive Space (ORS) Program Office to the Program Executive
Officer for Space and change the head of the office reporting
structure from the Department of Defense Executive Agent for
Space to the Commander of the Air Force Space and Missile
Command. The provision would require an Executive Committee
made up of the Commander of the Air Force Space Command; the
Under Secretary of Defense for Acquisition, Technology, and
Logistics; the Commander of U.S. Strategic Command; and the
Executive Agent for Space, which would chair the board. The
provision grants authority to transfer up to $60.0 million from
the Weather Follow On Satellite Program, to the extent provided
in appropriations acts to other higher priority programs.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
Follow On Weather Satellite and add the Army and Navy space
program commanders to the Executive Committee to ensure that
decisions are made accounting for the joint nature of the ORS
program office.
The conferees instruct the Commander of the Air Force
Space and Missile Systems Center to which the Office now
reports, to provide a plan to the congressional defense
committees, not later than 90 days after the date of enactment
of this Act, that discusses how the existing and future
technologies and operational systems developed in the ORS
program are to be integrated into service acquisition programs
to meet combatant command requirements.
Report on overhead persistent infrared technology (sec. 915)
The House bill contained a provision (sec. 912) that
would require the Secretary of Defense, in consultation with
the Director of National Intelligence, to submit to the
congressional defense committees, the Senate Select Committee
on Intelligence, and the House Permanent Select Committee on
Intelligence, within 270 days after the date of the enactment
of this Act, a report on Overhead Persistent Infrared (OPIR)
technology that specifically addresses the following: (1) 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; and (2) a recommendation as to how to better
coordinate efforts between the Department and the intelligence
community for exploitation of OPIR sensor data. The provision
would also require that not later than 90 days after the
Department delivers its report to the congressional defense
committees, the Comptroller General of the United States assess
the Department's report to ensure it is comprehensive, fully
supported, and sufficiently detailed. Further, the Comptroller
General shall identify any shortcomings, limitations, or other
matters that affect the quality or findings of the Department's
report on OPIR.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand
the assessment to include elements of the Joint OPIR Integrated
Space Trade (JOIST) study by the Department of Defense and
intelligence community as it pertains to OPIR technology
requirements, strategy, plan, and budget for the entire space
layer of the Department of Defense and intelligence community
with supporting ground architecture for current and next
generation OPIR with respect to missile warning, missile
defense, battlespace awareness, and technical intelligence. The
amendment also shortens the reporting requirement from 270 days
to 180 days.
Assessment of foreign components and the space launch capability of the
United States (sec. 916)
The House bill contained a provision (sec. 914) that
would require the Secretary of Defense to direct a federally
funded research and development center to conduct an
independent assessment on the national security implications of
continuing to use foreign component and propulsion systems for
launch vehicles under the evolved expendable launch program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to conduct the independent study. It should be
emphasized that given the cost to perform studies, the Under
Secretary should use the most cost effective method possible.
This provision is not directing the Under Secretary to contract
outside the Department to perform the assessment, but to use
the many federal advisory panels that advise the Under
Secretary if at all possible.
Report on counter space technology (sec. 917)
The House bill contained a provision (sec. 915) that
would require a report, to be submitted to the Armed Services
Committees of the Senate and House of Representatives and
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives, not later
than 1 year after enactment of this Act and annually thereafter
for 2 years, which details 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.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add the
Counter Space Technology List at the Department of State as
part of the information the report is to be based on.
Subtitle C--Intelligence-Related Activities
Authority to provide geospatial intelligence support to certain
security alliances and regional organizations (sec. 921)
The House bill contained a provision (sec. 921) that
would amend section 443 of title 10, United States Code, to
provide the Director of the National Geospatial-Intelligence
Agency (NGA) the authority to provide regional organizations
with defense or security components and security alliances of
which the United States is a member with imagery intelligence
and geospatial information support. The provision would also
require, in each case of providing imagery intelligence or
geospatial information support to a regional organization or
security alliance, the Director of the NGA to: (1) ensure that
such intelligence and such support are not provided by such
regional organization or such security alliance to any other
person or entity; (2) notify the congressional defense
committees, Permanent Select Committee on Intelligence of the
House of Representatives, and the Select Committee on
Intelligence of the Senate that the Director of the NGA has
provided such intelligence or support; and (3) coordinate the
provision of such intelligence and such support with the
commander of the appropriate combatant command.
The Senate amendment contained a similar provision (sec.
921) that would allow the NGA Director to also share
information with international organizations. The Senate
provision did not include requirements described in (1), (2),
and (3) of the House provision described above.
The Senate recedes with an amendment that would require,
in lieu of the conditions described in (1), (2), and (3) of the
House provision, the NGA director to submit a report by January
15, 2014 and 2015, on the information support provided during
the preceding years, including an identification of each
organization or alliance receiving such support, and the number
of times such support was provided.
Technical amendments to reflect change in name of National Defense
Intelligence College to National Intelligence University (sec.
922)
The House bill contained a provision (sec. 922) that
would provide a technical correction to Section 2161 of title
10, United States Code, to account for the redesignation of the
National Defense Intelligence College as the National
Intelligence University.
The Senate amendment contained no similar provision.
The Senate recedes.
Review of Army Distributed Common Ground System (sec. 923)
The Senate amendment contained a provision (sec. 922)
that would direct the Secretary of the Army to assign oversight
of the Distributed Common Ground System-Army (DCGS-A) cloud
acquisition effort to the Army's Chief Information Officer
(CIO)/G-6. The provision would require the CIO to conduct an
audit of the program and provide an assessment and
recommendations to the Secretary of the Army and Chief of Staff
of the Army by December 1, 2012.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Army to direct the Army Systems
Acquisition Review Council to review the DCGS-A program and
report to the congressional defense committees within 180 days
of enactment of this Act. The review would include an
assessment of: (1) the acquisition strategy; (2) current
technical performance as compared to requirements; (3)
competitive procedures for incorporating new capabilities,
including through product fly-offs; (4) plans and mechanisms to
incorporate industry best practices and to ensure compatibility
with the Joint Information Environment; (5) the adequacy of
investments to maximize ease of use; (6) the Army's
preparations to ensure that enterprise knowledge management and
training for DCGS is compatible with force structure planning;
and (7) the need for changes in the DCGS-A program.
The conferees expect the Army to ensure that the DCGS-A
acquisition process is open to the agile and competitive
adoption or incorporation of advanced commercial tools and
capabilities, whether they be licensed products or based on
unlicensed open source technology or software. Where comparable
in cost and performance, such commercial or commercial open
source capabilities should have at least an equal status to
government-funded development activities with contractors based
on ``open source'' technology or software foundations.
Electro-optical imagery (sec. 924)
The Senate amendment contained a provision (sec. 930)
that would require the Secretary of Defense and the Director of
National Intelligence to sustain through fiscal year 2013 the
commercial electro-optical (EO) imagery collection capacity
planned under the Enhanced View program approved in the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81). The provision also would require the Vice Chairman
of the Joint Chiefs of Staff to conduct a comprehensive
analysis of imagery requirements for the Department of Defense
(DOD). The provision would in addition require the
Congressional Budget Office (CBO) to conduct a study, based on
the DOD requirements, of the potential role of commercial-class
imagery in meeting the needs of the government. The provision
would require the completion of these studies in time to inform
decisions on the fiscal year 2014 budget and the fiscal year
2015 budget request by Congress. Finally, the provision would
require CBO to examine whether the administration's proposed
actions on commercial imagery are consistent with Presidential
policy directives, the Federal Acquisition Regulation (FAR),
and statute.
The House bill contained no similar provision.
The House recedes with an amendment that would remove:
(1) the requirement that the administration sustain through
fiscal year 2013 the commercial imagery collection capacity
planned under the Enhanced View program previously approved by
Congress; and (2) the requirement that CBO assess whether the
administration's decision to reduce purchases of commercial
industry and procure from only one company is consistent with
policy, FAR, and statute.
The conferees note that, in the wake of the government's
budget decisions, the two commercial EO imagery companies
decided to merge, which, if upheld by an ongoing Department of
Justice review, would undermine the rationale for the Senate
provision's requirement to sustain collection capacity at
previously approved levels. If the corporate merger is rejected
as anti-competitive, the conferees will consider the state of
the industrial base in their assessment of the results of the
requirements and capabilities studies mandated in this
conference agreement.
Defense Clandestine Service (sec. 925)
The Senate amendment contained a provision (sec. 932)
that would prohibit the obligation of appropriated Military
Intelligence Program (MIP) funds in fiscal year 2013 to exceed
the number of personnel conducting or supporting human
intelligence (HUMINT) within the Department of Defense (DOD) as
of April 20, 2012. This provision would also require the Office
of Cost Assessment and Program Evaluation (CAPE) to provide an
estimate of the total cost of the Defense Clandestine Service
(DCS) to the congressional defense and intelligence committees.
The provision also would require the Under Secretary of
Defense for Intelligence (USDI) to provide a report to the
congressional defense and intelligence committees by February
1, 2013, that provides or explains: (1) where DOD case officers
will be deployed or based and a schedule for those deployments;
(2) certification that the prospective locations can and will
accommodate these deployments; (3) the objectives established
for each military service, U.S. Special Operations Command, and
the Defense Intelligence Agency (DIA) to improve career
management for case officers and the plans to achieve the
objectives of the DCS; and (4) any Memoranda of Agreement or
Understanding necessary to implement planned reforms with other
departments and agencies and between DOD components.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the use of funds authorized to be appropriated by this Act to
increase the civilian manpower on hand, conducting or
supporting HUMINT, in excess of the fill-rate of such personnel
as of April 20, 2012. If, as of the date of enactment of this
Act, the civilian fill-rate exceeds the fill-rate as of April
20, 2012, the Secretary of Defense must take appropriate action
to promptly reduce the fill-rate, consistent with reduction in
force procedures, to that as of April 20, 2012, unless the
Secretary, within 30 days, provides a detailed justification
for each of the additional civilians. If the Secretary chooses
to submit justifications for the increased civilian fill-rates,
the fill-rate during the remainder of fiscal year 2013 cannot
exceed the fill-rate as of the date of enactment of this Act.
The justification provided by the Secretary shall address
the questions contained in the classified annex to this report
regarding any additional civilian personnel added to the DCS
beyond the number employed in the Defense HUMINT enterprise as
of April 20, 2012.
The amendment would also prohibit the use of funds
authorized to be appropriated by this Act to increase the
positions in the DOD served by members of the armed forces
conducting or supporting HUMINT, in excess of the number of
positions, or billets, as of April 20, 2012.
The amendment would also require that CAPE consult with
the Office of the Director of National Intelligence in
conducting the required cost estimate of DCS.
The conferees support the efforts of the USDI and the DIA
Director to reform the Defense HUMINT enterprise and provide
multi-intelligence support to the military. However, the
conferees agree that the DCS initiative should be limited in
scope until the Department of Defense can demonstrate that it
can correct longstanding problems in the recruitment,
management, and execution of the clandestine service; that the
service provides a unique capability to the Department of
Defense; that the return on investment from further expansion
in this mission area will be greater than that from alternative
investments in other priorities, in the context of overall
personnel and budget reductions; and that the proposed growth
of the clandestine service and deployments can be supported.
The conferees recommend that the Secretary of Defense
consider, in future budget requests, proposing split funding
between the National Intelligence Program and MIP budgets for
the DCS, in light of the stated objective of focusing
collection on the needs of the Department of Defense.
Subtitle D--Cyberspace-Related Matters
Implementation strategy for Joint Information Environment (sec. 931)
The Senate amendment contained a provision (sec. 923)
that would require the Department of Defense (DOD) to undertake
comprehensive network consolidation and redesign to improve
performance and enhance cybersecurity, and to free up personnel
to achieve an appropriate balance between U.S. Cyber Command's
mission capabilities. In the event that the rate at which
personnel freed up from network consolidation is insufficient,
or if the personnel available are not able to meet the
requirements for supporting U.S. Cyber Command's offensive
missions, the provision would require the Secretary of Defense
to take appropriate action to provide qualified personnel in
the required timeframe.
The House bill contained no similar provision.
The House recedes with an amendment that would, in
recognition of the activities already underway within DOD to
rationalize the Department's networks under the Joint
Information Environment (JIE) initiative, direct the Secretary
of Defense to define the strategy for implementing the JIE. The
required strategy would include: (1) the Secretary's vision for
the JIE; (2) the key milestones, costs, metrics, and resources
needed to achieve this vision; (3) the acquisition strategy and
management plan for the JIE; (4) the key technical and policy
challenges for implementation; (5) identification of
dependencies and gaps with respect to other initiatives (such
as data center consolidation and information technology
efficiencies); and (6) plans for addressing the personnel
challenges associated with manning, training, operating, and
defending the JIE.
The amendment would also modify the Senate provision by
requiring the Secretary of Defense to submit a plan to provide
personnel to meet validated requirements for the JIE and for
the full spectrum of cyber operations to support the missions
and plans of the combatant commands and the national cyber
defense mission of the Department, including offensive cyber
operations.
The conferees are concerned about shortfalls in the
number and quality of cyber personnel available to support the
on-net intelligence collection, preparation of the environment,
defensive, and offensive missions of the Department. The
conferees understand that U.S. Cyber Command is currently
defining the required number and skills of such personnel, in
conjunction with the military services, combatant commands, and
the Office of the Secretary of Defense. The conferees believe
the number of highly skilled cyber operators that could be
required and the difficulty in recruiting, training, and
retaining them, is daunting. The conferees note that the
Secretary of Defense has committed to provide Congress with his
initial planning to address this personnel issue early in the
coming calendar year.
Finally, the conferees note that the report accompanying
the House bill (H. Rept. 112-479) directs the Secretary of
Defense to provide a briefing to the congressional defense
committees within 180 days of the enactment of this Act that
identifies the National Guard units that have a computer
network defense role and describes that role. The conferees
direct that the Secretary's cyber personnel planning and
reporting to Congress include consideration of the National
Guard.
Next-generation host-based cyber security system for the Department of
Defense (sec. 932)
The Senate amendment contained a provision (sec. 924)
that would require the Department of Defense (DOD) Chief
Information officer (CIO) and the Under Secretary of Defense
for Acquisition, Technology, and Logistics (USD(AT&L)) to
develop a strategy to acquire next-generation host-based
cybersecurity tools and capabilities, and provide that strategy
to Congress in conjunction with the President's budget request
for fiscal year 2015.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the CIO to consult with the USD(AT&L) and the Commander of U.S.
Cyber Command in the development of the strategy and to ensure
the consideration of commercial applications in acquiring
security tools for integration into the next-generation host-
based security system.
The conferees recognize that increased and improved
threat intelligence is a critical component for the future
cybersecurity posture of the military. Further, the conferees
believe that the Department of Defense should do more to
broaden the types and sources of cyber threat intelligence data
to support the common operational picture, including data from
host-based security systems, network flow data, and network
hunting information.
Additionally, the conferees believe that U.S. Cyber
Command, along with the military services and combat support
agencies, should do more concept development and
experimentation with these new sources of cyber intelligence
information to understand how to better utilize these sources
in day-to-day operations.
Improvements in assurance of computer software procured by the
Department of Defense (sec. 933)
The Senate amendment contained a provision (sec. 925)
that would mandate multiple actions to improve the security and
quality of computer software code used by the Department of
Defense (DOD), and enhance the ability of the DOD to compete
software maintenance and upgrades.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
most of the specific required actions in the Senate provision,
providing latitude to the DOD to develop or define methods and
policies to improve software security and to measure their
effectiveness. The amendment would not specifically require DOD
to develop or update best practice software development and
acquisition models to improve the security of software, or to
measure contractor compliance with such models; to develop, and
require proof of compliance with, secure software coding
standards; to require program managers to develop and implement
secure software coding plans; to make use of third-party
software code assessment centers in government and the private
sector; or to make use of software repositories.
Instead, the provision would mandate that the Under
Secretary of Defense for Acquisition, Technology, and Logistics
(USD(AT&L)) develop a baseline software assurance policy for
the lifecycle of covered systems. The elements of the policy
must include the mandated use of automated vulnerability
analysis tools throughout the lifecycle of covered systems; the
identification and prioritization of software security
vulnerabilities and remediation strategies, and to reflect them
in contract requirements; and the ``promotion'' of best
practices and standards for achieving software security and
quality. The USD(AT&L) also would be required collect data on
the implementation of the policy and measure the effectiveness
of the policy.
The conferees agree that DOD can and must make major
improvements in the base level of security of the software it
procures, including both custom-developed and commercial
products modified or adapted specifically for DOD requirements.
The conferees believe that improved software security need not
be more costly or take more time to develop. Security must be
designed, engineered, and tested into product development.
Leading commercial companies now understand the
importance of secure software and have adopted disciplined,
repeatable processes and techniques to achieve it. Industry
associations and individual companies, as well as the National
Security Agency (NSA) and the National Institute of Standards
and Technology, claim that the National Information Assurance
Partnership is truly transforming the Common Criteria process
to ensure that security is built into commercial software
products and objectively verified. The conferees are concerned
that the DOD acquisition process and policies do not appear to
have a defined role for Common Criteria. As the Department
looks at how to translate remediation strategies into contract
requirements and source selection criteria, the conferees
direct that USD(AT&L) examine the potential role for Common
Criteria product certifications in acquisitions of commercial
software for covered systems, including commercial software
packages that are integrated by or with custom code developed
by DOD contractors.
The conferees also note that DOD officials from USD(AT&L)
and the Office of the Chief Information Officer have expressed
the need for a focused research and development effort to
improve automated tools for discovering vulnerabilities in
software, and to look at opportunities to push the state-of-
the-art in emerging areas such as research into the use of
formal methods. The conferees expect that this commitment will
be reflected in the Department's software security policy and
future budget requests. Similarly, consistent with the
direction in the Senate report (S. Rept. 112-173) accompanying
the National Defense Authorization Act for Fiscal Year 2013 (S.
3254), the conferees expect USD(AT&L) to make maximum use of
software code analysis tools in development and use by NSA to
support the acquisition of secure software.
Competition in connection with Department of Defense tactical data link
systems (sec. 934)
The Senate amendment contained a provision (sec. 926)
that would require the Under Secretary of Defense for
Acquisition, Technology, and Logistics (USD(AT&L)):
(1) To develop an inventory of all data links in use and
in development in the Department of Defense;
(2) To conduct a business case analysis of each data link
program and make a determination whether there is adequate
competition in development, maintenance, upgrade, and new
procurement, and if not, whether the program should be opened
up to competition;
(3) For each data link program that is identified for
increased competition, to develop a plan that addresses how any
policy, legal, programmatic, or technical barriers to
competition will be overcome; and
(4) For each program where competition is determined to
be inadvisable, to prepare a justification for that conclusion.
The Senate provision would also require the USD(AT&L) to
provide a report to Congress in conjunction with the submission
of the fiscal year 2015 budget request, and the Comptroller
General to conduct a separate evaluation.
The House bill contained no similar provision.
The House recedes with an amendment that would drop the
requirement for a formal ``business case'' analysis, as well as
the requirement for a separate evaluation by the Comptroller
General.
Collection and analysis of network flow data (sec. 935)
The Senate amendment contained a provision (sec. 928)
that would allow the Department of Defense (DOD) Chief
Information Officer (CIO), in coordination with the Under
Secretary of Defense for Intelligence (USDI), and the Under
Secretary of Defense for Policy to take advantage of the
research and development activities and capabilities of the
Community Data Center (CDC) managed by the Defense Information
Systems Agency (DISA) to enhance DOD's capabilities to collect,
analyze, and store so-called network flow data records. The
purpose of the provision would be to improve DOD's capabilities
to handle its own voluminous flow data records, and to
potentially make this technology available for the defense of
the country voluntarily through the Tier 1 Internet Service
Providers (ISPs).
The House bill contained no similar provision.
The House recedes with an amendment that would include
companies that are not Tier 1 Internet Service Providers but
are managed security service providers in the requirement to
coordinate DOD research and development activities.
The conferees recognize that increased and improved
threat intelligence is a critical component for the future
cybersecurity posture of the military. Further, the conferees
believe that the DOD should do more to broaden the types and
sources of cyber threat intelligence data to support the common
operational picture, including data from host-based security
systems, network flow data, and network hunting information.
Additionally, the conferees believe that United States
Cyber Command, along with the military services and combat
support agencies, should do more concept development and
experimentation with these new sources of cyber intelligence
information to understand how to better utilize these sources
in day-to-day operations.
Competition for large-scale software database and data analysis tools
(sec. 936)
The Senate amendment contained a provision (sec. 929)
that would prohibit the use of the National Security Agency's
(NSA) Accumulo cloud computing database by other Department of
Defense (DOD) components after September 30, 2013, unless the
Chief Information Officer (CIO) certifies that there are no
viable commercial open source databases that have the security
features of Accumulo, or that Accumulo itself has become a
successful open source database project. The provision also
would require that DOD and intelligence community officials
coordinate fully on the use by DOD components of cloud
computing infrastructure and services offered by the
intelligence community for purposes other than intelligence
analysis to ensure consistency with the DOD information
technology efficiencies initiative, data center and server
consolidation plans, and cybersecurity plans and policies.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
Senate provision: (1) to require DOD to conduct an analysis of
large-scale software database and analysis tools, including
technical requirements and available commercial, open source,
and government solutions, and to report to Congress the results
within 180 days of the enactment of this Act; and (2) to
require competitive procedures for acquisitions of large-scale
software database and analysis tools. In the event that a
component decides not to use competitive procedures under the
Federal Acquisition Regulations, the CIO and the Under
Secretary of Defense for Acquisition, Technology, and Logistics
would be required to provide notification to Congress of such
decisions and the rationale for such decisions on a quarterly
basis. This approval requirement would have a sunset limitation
of 5 years.
The conferees note that the marketplace for commercial
and commercially-supported open source ``big data'' analytics
is vibrant, booming, and constantly innovating. These
capabilities are becoming increasingly important for DOD as it
strives for information technology efficiencies and superior
performance across multiple mission areas and support
functions. The conferees believe that DOD must have an
especially strong reason for rejecting competitive acquisition
approaches for such capabilities.
The conferees note that DOD has already determined that
the Accumulo database that NSA developed using government and
contract engineers is a successful open-source project that is
supported by commercial companies. The conferees expect that
future acquisitions of Accumulo would be executed through such
commercial vendors.
Federal Acquisition Regulations and government policy
favors acquisition of commercial products over government-
developed solutions when such commercial products can meet the
government's needs. Recently, because of market trends and
opportunities, DOD organizations are more reluctant to buy
licensed commercial software products using traditional
licensing models, in part due to the availability and
attractiveness of open-source software. This trend overall is
positive in that it puts pressure on industry to make better
products more economically.
However, the conferees believe it is also possible for
government-funded, essentially in-house development programs
that unjustifiably compete with the private sector to spring up
under the ``open source'' banner. While the conferees are fully
supportive of open-source initiatives, government-off-the-shelf
(GOTS) programs are GOTS programs by any name, and should be
avoided whenever and wherever there are competitive commercial
alternatives, regardless of whether the GOTS software is
government-owned or even ``open-sourced'' while it is being
developed or after the fact.
Software licenses of the Department of Defense (sec. 937)
The Senate amendment contained a provision (sec. 931)
that would direct the Chief Information Officer of the
Department of Defense (DOD) to conduct an inventory within 180
days of existing software licenses owned by DOD, including
those in use and not in use.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees look forward to working with the DOD to
ensure the committees are briefed annually on progress being
made to implement the plan. The conferees expect DOD to
effectively and efficiently manage its resources, including the
number of software licenses it procures, to eliminate waste and
unnecessary duplication to the maximum extent practicable.
Sense of Congress on potential security risks to Department of Defense
networks (sec. 938)
The Senate amendment contained a provision (sec. 934)
that would express the sense of the Senate regarding potential
risks to the security of Department of Defense (DOD) networks
from the incorporation of equipment and software from foreign
sources, and the need for DOD authority and processes to
mitigate such risks beyond those that already exist for covered
National Security Systems acquired by DOD. The provision would
also acknowledge the difficulty involved in blocking sales of
information technology systems and services due to concerns
about cybersecurity while maintaining our commitment to free
trade and fair and transparent competition.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
provision from a sense of the Senate to a sense of the
Congress, and to drop the ``Findings'' section.
The conferees are aware that cybersecurity threats are
pervasive and serious, including through the supply chain of
information technology equipment and software. Semiconductor
manufacturing is already dominated by foreign producers,
presenting supply chain risk management challenges. In a number
of instances, foreign manufacturers of telecommunications
equipment, including advanced wireless technology, are gaining
global market share due to high quality and low prices.
Competitive market forces ensure that commercial providers of
consumer, business, and government systems and services will
choose equipment and associated software from these
manufacturers. In some cases, like Huawei Industries and ZTE
Corporation, this competitive position stems in part from
inappropriate government subsidies and other forms of
assistance.
The conferees are concerned that some of these companies
also present clear cybersecurity supply chain risks that the
U.S. Government must address. For instance, the conferees are
aware that the Committee on Foreign Investment in the United
States has blocked the attempt by Huawei to acquire United
States technology firms on two occasions and the National
Security Agency and the Secretary of Commerce have advised two
major United States telecommunications carriers against
selecting Huawei as a supplier. Such supply chain threats
require increased attention, as well as additional and varied
tools for dealing with such supply chain challenges. For that
reason, the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383) provided authority and
mechanisms for the Secretary of Defense to control these supply
chain risks. That legislation only addressed National Security
Systems, leaving many information technology systems and
missions exposed to these kinds of supply chain risks. The
conferees recognize that blocking sales from providers of
information technology systems and services due to concerns
about cybersecurity risks, while maintaining our commitment to
free trade and fair and transparent competition, poses
difficult policy challenges.
Quarterly cyber operations briefings (sec. 939)
The House bill contained a provision (sec. 942) that
would require the Secretary of Defense to provide a quarterly
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on significant military cyberspace
operations that were carried out by the Department of Defense
in the preceding quarter.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on the United States Cyber Command (sec. 940)
The Senate amendment contained a provision (sec. 935)
that includes a number of findings and would express the sense
of Congress and the Secretary of Defense should brief and
consult with Congress before any decision is made to recommend
to the President to elevate United States Cyber Command from a
sub-unified command to a unified command.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress the Secretary of Defense should brief and
consult with Congress when the Secretary makes any such
proposal to the President. The amendment also would drop the
findings section from the provision.
Reports to Department of Defense on penetrations of networks and
information systems of certain contractors (sec. 941)
The Senate amendment contained a provision (sec. 936)
that would require: (1) the Under Secretary of Defense for
Intelligence (USDI) to establish a process and criteria for
designating what companies among those that conduct classified
activities with the Department of Defense (DOD), and which of
their networks and information systems, must report cyber
intrusions to DOD; (2) designating companies to report cyber
intrusions of these networks and information systems, including
a description of the penetration technique, and a sample of the
malicious software, if available; and (3) designating
companies, upon the request of DOD, to provide access by DOD to
those networks and information systems, so that DOD can study
the penetration and ascertain what DOD information might have
been stolen.
The provision would also require the USDI to establish
this reporting process in coordination with the Under Secretary
of Defense for Policy, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, the DOD Chief
Information Officer, and the Commander of U.S. Cyber Command.
Finally, the provision would prohibit dissemination
outside of DOD of information obtained or derived through the
process that is not created by or for DOD without the approval
of the contractor.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1) place
the Secretary of Defense in charge of creating the breach
reporting process; (2) require that the Secretary of Defense
designate a senior official to establish criteria for
designating which contractors and which networks and
information systems that process or contain information created
by or for DOD that is subject to enhanced protection would be
subject to the reporting requirement; (3) add to the reporting
requirement a summary of information that has been potentially
compromised; (4) establish procedures to allow access by DOD
personnel for forensic analysis that are limited to determining
whether DOD information was successfully exfiltrated and
provide for reasonable protection of trade secrets, commercial
or financial information, and information that can be used to
identify a specific person; and (5) limit the application of
this section until the date on which the Secretary establishes
the procedures and criteria required by this legislation. The
amendment also would provide technical changes to the
definition of cleared defense contractors.
The conferees emphasize that the procedures developed
pursuant to this provision, in general, should exclude access
to information that is not essential to understanding and
preventing penetrations potentially resulting in the loss of
DOD information and should protect the privacy of private-
sector communications.
The conferees are aware that DOD is working on a Defense
Federal Acquisition Regulation (DFAR) rulemaking that would
mandate cyber breach reporting from a potential pool of
contractors much wider than the cleared defense contractors
designated in this provision, as well as standards for the
protection of DOD information across the entire defense
industrial base (DIB). The conferees note that this provision
is intended to be compatible with, and provide support for,
that eventual DFAR rule. As such, the conferees also expect DOD
to consult with industry as it develops the reporting process
pursuant to this provision.
The conferees also encourage DOD to build on the existing
voluntary DIB information sharing program, where practical and
sensible to do so, including such areas as the definition of
reportable events, and the forensics damage assessment process
allowing contractors to remove proprietary or other types of
information before DOD forensics teams copy information or
``image'' systems.
The conferees recognize that as the lead federal agency
designated by the President for coordinating with the DIB, DOD
has a critical role in supporting cyber security matters
involving the DIB. To fulfill DOD's obligations as the sector-
specific agency for the national DIB critical infrastructure
sector, as outlined in DOD Directive 3020.40 ``DOD Policy and
Responsibilities for Critical Infrastructure,'' DOD must work
cooperatively with industry to create a successful public-
private partnership that can provide timely and effective
defenses for the nation's cyber infrastructure. The conferees
also emphasize that this provision is not intended to apply to
telecommunications and Internet service provider networks that
merely transmit DOD information between DIB companies, within
DIB companies, between DOD elements, or to and from DOD, unless
such services are provided under requirements for the enhanced
protection of DOD information.
Subtitle E--Other Matters
Advice on military requirements by Chairman of Joint Chiefs of Staff
and Joint Requirements Oversight Council (sec. 951)
The House bill contained a provision (sec. 951) that
would amend section 153 of title 10, United States Code, to
clarify the role of the Chairman of the Joint Chiefs of Staff
and the Joint Requirements Oversight Council in identifying,
assessing, and approving military requirements and related
functions.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Enhancement of responsibilities of the Chairman of the Joint Chiefs of
Staff regarding the national military strategy (sec. 952)
The Senate amendment contained a provision (sec. 1041)
that would consolidate and clarify the requirements for the
Chairman of the Joint Chiefs of Staff's submission or update,
if any, of the National Military Strategy, and the annual
submission of the Chairman's Risk Assessment.
The House bill contained no similar provision.
The House recedes with technical and clarifying
amendments.
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. 953)
The House bill contained a provision (sec. 954) that
would extend for 1 year the current authority under section
941(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417), as amended by
section 941 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383), for the five
Regional Centers for Security Studies of the Department of
Defense to waive the reimbursement costs required under section
184(f) of title 10, United States Code, for personnel of
nongovernmental organizations and international organizations
to participate in activities of the centers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the requirement for the Comptroller General of the United
States to assess the effectiveness of the Regional Centers for
Security Studies.
The conferees remain concerned about the activities of
five Regional Centers for Security Studies of the Department of
Defense, particularly as they relate to their support to the
geographic combatant commanders. Therefore, the conferees
direct the Comptroller General of the United States to assess:
(1) the effectiveness of the Regional Centers for Security
Studies in meeting the centers' objectives and advancing the
priorities of the Department of Defense; (2) the extent to
which the centers perform a unique function within the
interagency community; (3) measures of effectiveness and impact
indicators each center uses to internally evaluate its
programs; (4) oversight mechanisms within the Department of
Defense; (5) the depth and extent of support the centers
provide to the geographic combatant commanders; (6) whether the
centers' activities are duplicated by other entities in the
Department of Defense or United States Government; (7) the
benefits, if any, of waiving reimbursement costs for personnel
of nongovernmental organizations and international
organizations to participate in activities of the centers on an
ongoing basis; and (8) other matters the Comptroller General
may deem appropriate. The Comptroller General would be required
to submit a report of such assessment by June 30, 2013, to the
Committees on Armed Services of the Senate and House of
Representatives.
National Language Service Corps (sec. 954)
The House bill contained a provision (sec. 955) that
would require the Secretary of Defense to establish and
maintain within the Department of Defense a National Language
Service Corps.
The Senate amendment contained a similar provision (sec.
941).
The Senate recedes with a clarifying amendment that would
authorize the Secretary of Defense to establish and maintain
within the Department of Defense a National Language Service
Corps.
Savings to be achieved in civilian personnel workforce and service
contractor workforce of the Department of Defense (sec. 955)
The Senate amendment contained a provision (sec. 341)
that would require the Secretary of Defense to develop and
begin implementation of a plan to achieve savings in funding
for the civilian workforce and the service contractor workforce
of the Department of Defense (DOD) from fiscal year 2012
through fiscal year 2017 that are not less, as a percentage of
such funding, than the savings in funding for military
personnel achieved by the planned reduction in military end
strength contained in the budget request for fiscal year 2013.
The House bill contained no similar provision.
The House recedes with an amendment that would require
DOD to achieve savings in the total funding for each covered
workforce 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. The conferees understand that current DOD plans call for
a 5 percent reduction in military end strength through fiscal
year 2017.
The conference amendment would also: (1) require the
Secretary to ensure that the efficiencies plan is developed in
a manner that is consistent with statutory force planning
requirements and ensures that the DOD civilian and contract
services workforces are appropriately sized to support defense
needs; (2) require the Secretary to consider statutorily
required workload analyses and risk assessments in determining
core or critical functions to be excluded from the savings
requirements; and (3) require the Government Accountability
Office to report on the extent to which savings are being
achieved and the provision is being implemented in a manner
consistent with statutory sourcing and workforce management
requirements.
Expansion of persons eligible for expedited Federal hiring following
completion of National Security Education Program scholarship
(sec. 956)
The House bill contained a provision (sec. 952) that
would amend section 1902(k) of title 50, United States Code, to
authorize 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 as
having national security responsibilities to appoint to
positions in the excepted service eligible individuals who have
successfully completed the requirements of the National
Security Education Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
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 as having
national security responsibilities to appoint to positions in
the excepted service eligible individuals who have successfully
completed the requirements of the National Security Education
Program, provided they have not received such an appointment
previously.
Legislative Provisions Not Adopted
Redesignation of the Department of the Navy as the Department of the
Navy and Marine Corps
The House bill contained a provision (sec. 905) that
would redesignate the Department of the Navy as the Department
of the Navy and the Marine Corps and redesignate the position
of the Secretary of the Navy as the Secretary of the Navy and
Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
Department of Defense representation in dispute resolution regarding
surrender of Department of Defense bands of electromagnetic
frequencies
The Senate amendment contained a provision (sec. 914)
that would amend section 1062(b)(1) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65, 47
U.S.C. 921 note) to require that the Department of Defense
(DOD) be adequately represented in the inter-agency spectrum
reallocation process.
The House bill contained no similar provision.
The Senate recedes.
The conferees recognize the criticality of the radio
frequency spectrum to national economic growth and our national
security capabilities. As the importance of spectrum to the
national economy increases, it is essential that the needs and
concerns of the DOD be adequately considered during
reallocation, sharing, or auction of spectrum impacting
national security capabilities.
The conferees are concerned that by not including
specific national security representation, the Technical Panel
and the Dispute Resolutions Board, established under section
6701 of The Middle Class Tax Relief Act of 2012 (Public Law
112-96), may make decisions that could result in arbitrary
determinations regarding the ``sufficiency'' of spectrum
reallocation or sharing transition plans addressing national
security capabilities and any dispute that may arise
thereafter, without adequate input from the DOD. To ensure
these equities are considered, the conferees direct the
Secretary of Defense to determine whether the needs and
concerns of the DOD have been adequately considered and
addressed during the processes of identifying frequencies to be
surrendered and transition planning, including review of
transition plans by the Technical Panel and any dispute
resolution by the Dispute Resolution Board, impacting national
security capabilities.
Further, the conferees expect the National
Telecommunications and Information Administration ensure that
the rules and procedures implementing the Technical Panel and
Dispute Resolution Board as required by Public Law 112-96
incorporate methods that enable the Secretary of Defense to
make the necessary determination on the needs and concerns of
the DOD with respect to consideration of transition plans
impacting national security capabilities.
Integration of critical signals intelligence capabilities
The Senate amendment contained a provision (sec. 927)
that would require the Director of the Intelligence,
Surveillance, and Reconnaissance (ISR) Task Force to develop a
plan to integrate multiple technical signals intelligence
(SIGINT) capabilities together to satisfy requirements to
detect, identify, track, and precisely locate communications
equipment from airborne platforms.
The House bill contained no similar provision.
The Senate recedes.
Limitation on certain funding until certification that inventory of
contracts for services has begun
The House bill contained a provision (sec. 931) that
would fence certain funds until the Department of Defense is in
full compliance with the requirements of section 2330a of title
10, United States Code, to develop an inventory of contract
services.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain convinced that the required
inventory is an important tool to provide transparency in
government contracting and to assist decision-makers in
planning, programming, and budgeting defense funds. The
conferees are disappointed with the long delays in the
Department's implementation of the inventory required by
section 2330a. The conferees note that the Department has
recently developed a plan to comply with the requirements of
section 2330a and expect the Department to implement this plan
in a timely manner.
Requirement to ensure sufficient levels of government management,
control, and oversight of functions closely associated with
inherently governmental functions
The House bill contained a provision (sec. 932) that
would require the military departments to ensure that their
staffing levels are sufficient to provide appropriate
management, control, and oversight of functions closely
associated with inherently governmental functions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 129a(f)(3) of title 10,
United States Code, already requires the Secretary of Defense
to ensure that the Department of Defense maintains sufficient
capabilities within the Department to manage, control, and
oversee functions performed by contractors. The conferees
expect the Department to comply with these requirements.
Special management attention required for certain functions identified
in inventory of contracts for services
The House bill contained a provision (sec. 933) that
would require the Department of Defense to give special
management attention to functions identified in the inventory
of contract services required by section 2330a of title 10,
United States Code, as being closely associated with inherently
governmental functions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees expect the Department of Defense to ensure
that the Department maintains the capabilities required by
section 129a(f)(3) of title 10, United States Code, in
connection with any functions closely associated with
inherently governmental functions that are performed by
contractors.
Military activities in cyberspace
The House bill contained a provision (sec. 941) that
would clarify that the Secretary of Defense has the authority
to conduct clandestine cyberspace activities in support of
military operations pursuant to a congressionally authorized
use of force outside of the United States, or to defend against
a cyber attack on an asset of the Department of Defense.
The Senate amendment contained no similar provision.
The House recedes.
Annual briefing to congressional defense committees on certain written
policy guidance
The House bill contained a provision (sec. 953) that
would require the Secretary of Defense to brief the
congressional defense committees annually on the defense
planning guidance and policy guidance developed pursuant to
section 113 of title 10, United States Code.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree that the Secretary of Defense, or his
designee, should, upon request and subsequent to submission of
the annual defense budget request, provide the congressional
defense committees with a briefing, classified or unclassified,
that describes the defense planning guidance as required by
section 113(g) of title 10, United States Code, and from which
the budget request submitted was developed. The conferees agree
that the Secretary of Defense, when developing this briefing
shall exclude descriptions of strategic contingency planning or
plans.
Title X--General Provisions
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would provide the Department of Defense with $3.5 billion of
general transfer authority in fiscal year 2013.
The Senate amendment contained a similar provision (sec.
1001) that would provide the Department of Defense with $5.0
billion general transfer authority in fiscal year 2013.
The House recedes with an amendment providing the
Department of Defense with $4.0 billion of general transfer
authority in fiscal year 2013.
Budgetary effects of this Act (sec. 1002)
The House bill contained a provision (sec. 1002) that
would determine the budgetary effects of this Act.
The Senate amendment contained a similar provision (sec.
4).
The Senate recedes with a technical amendment.
Sense of Congress on notice to Congress on unfunded priorities (sec.
1003)
The House bill contained a provision (sec. 1003) that
would require members of the Joint Chiefs of Staff and the
Commander, U.S. Special Operations Command, to submit to the
congressional defense committees, within 30 days of the
Department's annual budget request, a report containing a list
of unfunded priorities.
The Senate amendment contained a similar provision (sec.
1047) that would express the sense of the Senate that the
service chiefs and the Commander, U.S. Special Operations
Command, should provide unfunded priorities lists to the
congressional defense committees.
The House recedes with an amendment that would express
the sense of Congress.
Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization (sec.
1004)
The Senate amendment contained a provision (sec. 1002)
that would give the Secretary of Defense transfer authority of
up to $150.0 million to the nuclear weapons program in the
National Nuclear Security Administration if the amount
appropriated for that program is less than $7.9 billion--the
amount specified for fiscal year 2013 in the report required by
section 1251 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84).
The House bill contained no similar provision.
The House recedes.
Audit readiness of Department of Defense statements of budgetary
resources (sec. 1005)
The Senate amendment contained a provision (sec. 1003)
that would codify the goal established by the Secretary of
Defense of validating the statement of budgetary resources of
the Department of Defense as audit ready by the end of fiscal
year 2014, provided that the achievement of this goal is
affordable, does not result in excessive one-time fixes and
manual work-arounds, and will not delay full auditability for
the Department's financial statements.
The House bill contained no similar provision.
The House recedes.
Report on balances carried forward by the Department of Defense at the
end of fiscal year 2012 (sec. 1006)
The Senate amendment contained a provision (sec. 1005)
that would require the Secretary of Defense to submit to the
Congress the dollar amount of obligated and unobligated
balances carried forward by the Department of Defense at the
end of fiscal year 2012.
The House bill contained no similar provision.
The House recedes.
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 (sec. 1007)
The Senate amendment contained a provision (sec. 903)
that would, in the event that the Department of Defense (DOD)
fails to achieve an unqualified audit opinion by the end of
fiscal year 2017, transfer the Defense Finance and Audit
Service from DOD to the Department of the Treasury and
establish a new Chief Management Officer position within DOD.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Under Secretary of Defense (Comptroller) to report to
Congress on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements that may be made possible when DOD achieves an
unqualified audit opinion.
The conferees remain concerned about the ability of the
DOD to meet the 2014 objective for the audit readiness of its
Statement of Budget Readiness and the 2017 objective for full
audit readiness. For example, according to the most recent
Financial Improvement and Audit Readiness Plan Status Report
submitted to Congress, the Air Force missed 7 out of 15 near-
term audit readiness deadlines. Concerns raised by these missed
deadlines are exacerbated by management failures on the
Expeditionary Combat Support System program and the recent
decision to terminate this program.
The conferees agree that a continued legislative focus on
this issue is necessary to ensure that the DOD meets
established objectives and that if DOD shows a lack of progress
further legislation--which could include possible incentives
identified pursuant to the report required by this section and
penalties for failure to achieve meaningful progress--is likely
to be required.
Subtitle B--Counter-Drug Activities
Extension of the authority to establish and operate National Guard
counterdrug schools (sec. 1008)
The House bill contained a provision (sec. 1011) that
would authorize the Secretary of Defense to continue to operate
the five National Guard Counterdrug Schools currently in
existence for an additional period of 5 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
incorporate a new reporting requirement and establish an annual
limitation on funding.
Biannual reports on use of funds in the Drug Interdiction and Counter-
Drug Activities, Defense-wide account (sec. 1009)
The House bill contained a provision (sec. 1012) that
would extend by 1 year the reporting requirement on
expenditures to support foreign counter-drug activities under
section 1022 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398), as
most recently amended by section 1008 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained a similar provision (sec.
1014) that would require the Secretary of Defense to submit on
a quarterly basis reports to the congressional defense
committees setting forth, by project code, a description of all
expenditures of funds to support foreign counterdrug activities
from the Drug Interdiction and Counterdrug Activities Defense-
wide account. Further, the provision would repeal section 1022
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398), as most recently amended
by section 1008 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81).
The House recedes with an amendment that would modify the
requirement under the Senate amendment to require semiannual
reports.
Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia (sec. 1010)
The House bill contained a provision (sec. 1013) that
would extend by 1 year the unified counterdrug and
counterterrorism campaign in the Republic of Colombia under
section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375), as
most recently amended by section 1007 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained a provision (sec. 1013)
that would permit, for 1 fiscal year, the Secretary of Defense
to expend not more than $50.0 million to continue to support
the unified counterdrug and counterterrorism campaign of the
Government of Colombia. The provision would permit the
Secretary to provide: (1) logistics support, services, and
supplies; (2) the types of support authorized under section
1004(b) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510), as amended; and (3) the types
of support authorized under 1033(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), as
amended. The provision would prohibit U.S. personnel from
participating in any combat operation in connection with
assistance provided under this authority. The provision would
require the Secretary of Defense to submit an annual report on
any assistance provided pursuant to this provision to the
congressional defense committees.
The Senate recedes.
Extension of Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities
(sec. 1011)
The House bill contained a provision (sec. 1014) that
would extend by 1 year the support for joint task forces under
section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136), as most recently amended
by section 1004 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained an identical provision
(sec. 1011).
The conference agreement includes this provision.
The conferees note that the Department of Defense (DOD)
is currently using this authority in a limited number of
locations. While the conferees are pleased to learn of DOD's
judicious use of this authority, the conferees also believe
there are additional activities that could potentially be
conducted in additional regions, particularly against illicit
smuggling networks in Northwest Africa.
Requirement for biennial certification on provision of support for
counter-drug activities to certain foreign governments (sec.
1012)
The Senate amendment contained a provision (sec. 1012)
that would amend section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), as
most recently amended by section 1006 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81), to
require biennial certification following the first year
certification, rather than annual certification for the
Department of Defense to provide additional support for
counterdrug activities to certain foreign governments.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Naval Vessels and Shipyards
Policy relating to major combatant vessels of the strike forces of the
United States Navy (sec. 1013)
The House bill contained a provision (sec. 1021) that
would amend section 1012 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181). Section 1012
requires that all combatant vessels of the strike forces of the
Navy, including all new classes of such vessel, be designed
with integrated nuclear power systems. The provision would
amend section 1012 to require the Secretary of the Navy to
notify the congressional defense committees if, after a cost
benefit analysis, the Secretary decides it would not be
practical for the new class of ships to be nuclear powered.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on availability of funds for delayed annual naval vessel
construction plan (sec. 1014)
The House bill contained a provision (sec. 1022) that
would fence some funds available to the Secretary of the Navy
until the annual shipbuilding plan required under section 231
of title 10, United States Code, has been submitted to
Congress.
The Senate amendment contained no similar provision.
The Senate recedes.
Retirement of naval vessels (sec. 1015)
The Senate amendment contained a provision (sec. 1021)
that would require the Chief of Naval Operations (CNO) to
produce a report that would set forth a comprehensive
description of the current requirements of the Navy for
combatant vessels of the Navy, including submarines. The
provision would also require that, if the number of these
vessels is less than 313 ships, the report would have to
include the justification of the CNO for that smaller number,
and an explanation of how that smaller number is consistent
with the recently revised strategic guidance issued by the
President and the Secretary of Defense in 2012.
The House bill contained no similar provision.
The House recedes.
Termination of a Maritime Prepositioning Ship squadron (sec. 1016)
The Senate amendment contained a provision (sec. 1022)
that would limit funding to terminate a Maritime Prepositioning
Ship Squadron (MPSRON) until a report is received on the impact
of the termination.
The House bill contained no similar provision.
The House recedes with an amendment that would add to the
report a description of any increased risk or operational plan
impacts associated with using Norway to fulfill the MPSRON
requirement.
Sense of Congress on recapitalization for the Navy and Coast Guard
(sec. 1017)
The Senate amendment contained a provision (sec. 1023)
that would state that it is the sense of Congress that, among
other things: (1) 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 (2) the Secretary of Homeland
Security should maintain the recapitalization plans for the
Coast Guard as a priority in all future force structure
decisions.
The House bill contained no similar provision.
The House recedes.
Notice to Congress for the review of proposals to name naval vessels
(sec. 1018)
The Senate amendment contained a provision (sec. 1024)
that would identify appropriate and necessary standards for the
naming of vessels of the Navy, and would amend section 7292 of
title 10, United States Code, by adding a new subsection that
would prevent the Secretary of the Navy from announcing or
implementing 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 that justifies how such a naming
proposal follows the appropriate and necessary standards for
the naming of vessels of the Navy set forth in this Act.
The House bill contained no similar provision.
The House recedes.
The conferees agree that: (1) the ship naming process
must not be politicized; (2) setting forth objective criteria
can help in this goal; and (3) establishing a notify-and-wait
period will aid the Armed Services Committees' oversight of the
process.
Subtitle D--Counterterrorism
Extension of authority to make rewards for combating terrorism (sec.
1021)
The House bill contained a provision (sec. 1034) that
would extend section 127(b) of title 10, United States Code,
which allows the Secretary of Defense to offer and make rewards
to a person providing information or nonlethal assistance to
U.S. Government personnel or government personnel of Allied
Forces participating in a combined operation with U.S. Armed
Forces through fiscal year 2014 and require a report that
outlines future requirements of the authority.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department has used this
authority in Afghanistan, but not in other ongoing contingency
operations such as Operation Observant Compass, the U.S.
military's operation to advise and assist the Ugandan People's
Defense Force (UPDF) and other regional militaries in their
ongoing efforts to apprehend or remove Joseph Kony and his top
lieutenants from the battlefield. Enhancing U.S. Africa
Command's (AFRICOM) effectiveness in helping regional partners
end one of the most enduring and destructive scourges on the
continent would go a great distance in convincing the people
and governments of Africa that the United States can offer a
sincere and valuable contribution to the continent's security.
The conferees believe that U.S. forces have not made effective
use of the Department of Defense's (DOD) counterterrorism
rewards program, despite Joseph Kony's designation as a
Specially Designated Global Terrorist in 2008. This authority
allows deployed forces to incentivize the local populace to
provide information in support of operations conducted against
international terrorism and to improve force protection. The
conferees believe delegating appropriate approvals for the use
of this authority to forces on the ground and targeting
outreach efforts at defecting LRA members would enhance the use
and effectiveness of this authority.
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. 1022)
The House bill contained a provision (sec. 1038) that
would prohibit the use of fiscal year 2013 Department of
Defense (DOD) funds or funds otherwise made available to the
DOD to construct or modify any facility in the United States to
house Guantanamo detainees.
The Senate amendment contained a provision (sec. 1031(a))
that would extend through fiscal year 2013 the prohibition
under section 1026 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1566) on the
construction or modification of facilities in the United States
to house Guantanamo detainees.
The Senate recedes.
The conferees note that the language of the House
provision and the conference agreement is identical to that
contained in section 1026 of Public Law 112-81 except that the
prohibition is extended from fiscal year 2012 to fiscal year
2013.
Report on recidivism of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, who have been transferred to
foreign countries (sec. 1023)
The House bill contained a provision (sec. 1039) that
would require two reports relating to transfers of individuals
detained at the U.S. Naval Station, Guantanamo Bay, Cuba. The
first report would require the Director of the Defense
Intelligence Agency (DIA), in consultation with the heads of
the other elements of the intelligence community, as
appropriate, to assess the factors causing or contributing to
the recidivism of Guantanamo detainees that are released or
transferred. The second report would require the Secretary of
State to assess the effectiveness of the agreements with other
countries relating to the transfer or release of Guantanamo
detainees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
consolidate the two reports into one report submitted by the
DIA Director, in consultation with the heads of each of the
other elements of the intelligence community.
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. 1024)
The House bill contained a provision (sec. 1040) that
would require the Secretary of Defense to submit a notification
to the Committees on Armed Services of the Senate and the House
of Representatives not later than 5 days after detaining an
individual on a naval vessel outside the United States pursuant
to the Authorization for Use of Military Force (Public Law 107-
40). The House provision would also require the Secretary to
submit to those Committees a detailed report on the use of
naval vessels for detention purposes.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the period for submitting the notification of detention from
not later than 5 days to not later than 30 days after the
individual is first detained. The amendment would also require
that if the detained individual is transferred or released
before the notice of the individual's detention is submitted,
the Secretary must submit to the Committees on Armed Services
of the Senate and the House of Representatives notice of the
transfer or release. The amendment would retain the reporting
requirement in the House bill on the use of naval vessels for
detention purposes.
Notice required prior to transfer of certain individuals detained at
the Detention Facility at Parwan, Afghanistan (sec. 1025)
The House bill contained a provision (sec. 1041) that
would require the Secretary of Defense to notify the Committees
on Armed Services of the Senate and the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, not later than 10 days prior to the transfer
of any third country national detainee held at the Detention
Facility at Parwan, Afghanistan, to the custody of the
Government of Afghanistan or any other country. As part of the
notification required by this provision, the Secretary of
Defense would be required to provide certain assessments and
certifications.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to ensure that the specified
assessments are conducted prior to the transfer of any third
country national subject to this provision, but would eliminate
the requirement that the assessments or certifications relating
to those assessments be submitted to Congress as part of the
transfer notification.
Report on recidivism of individuals formerly detained at the Detention
Facility at Parwan, Afghanistan (sec. 1026)
The House bill contained a provision (sec. 1042) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee of Foreign Affairs of the House of
Representatives a report relating to the recidivism of
individuals formerly detained at the detention facility at
Parwan, Afghanistan.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba (sec. 1027)
The House bill contained a provision (sec. 1036) that
would prohibit the use of Department of Defense (DOD) funds for
fiscal year 2013 to transfer or release detainees at U.S. Naval
Station, Guantanamo Bay, Cuba, to or within the United States,
its territories, or possessions.
The Senate amendment contained a provision (sec. 1032)
that would establish a permanent prohibition on the use of any
appropriated funds to transfer or release Guantanamo detainees
to or within the United States, its territories, or
possessions.
The Senate recedes.
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. 1028)
The House bill contained two provisions (sec. 1037 and
sec. 1043) that would extend for 1 year the certification
requirements applicable to the transfer or release of detainees
at the United States Naval Station, Guantanamo Bay, Cuba and
revise those requirements.
The Senate amendment contained a provision (sec. 1031(b))
that would extend the certification requirements for 1 year
without change.
The Senate recedes with an amendment that would extend
the certification requirement for 1 year and modify the
requirement in two ways.
First, the amendment would provide that in assessing the
risk that a detainee will engage in terrorist activity if
released, as required by the certification requirements or the
national security waiver with regard to certain certification
requirements, the Secretary of Defense may give favorable
consideration to any detainee who has cooperated with U.S.
intelligence and law enforcement authorities pursuant to a pre-
trial agreement while in Department of Defense custody, and for
whom appropriate agreements and mechanisms are in place to
provide for continued cooperation with U.S. intelligence and
law enforcement authorities following transfer.
Second, the amendment would add that, if the Secretary of
Defense invokes the national security waiver, the Secretary
must also provide as part of the report accompanying the waiver
classified information on the detainee's record of cooperation
with the Department while in DOD custody and any agreements in
place to provide for the detainee's continuing cooperation
after transfer.
Rights Unaffected (sec. 1029)
The House bill contained a provision (sec. 1033) that
would state that nothing in the Authorization for Use of
Military Force (Public Law 107-40) (AUMF) or the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) (FY 2012 NDAA) shall be construed to deny the availability
of the writ of habeas corpus or to deny any Constitutional
rights in an Article III court for any person who is lawfully
in the United States when detained and who is otherwise
entitled to the availability of such writ or such rights.
The Senate amendment contained a provision (sec. 1033)
that would state that an authorization for the use of military
force shall not authorize the detention without charge or trial
of a citizen or lawful permanent resident of the United States
apprehended in the United States, unless an Act of Congress
expressly authorizes such detention.
The Senate recedes with an amendment that would state
that nothing in the AUMF or the FY 2012 NDAA 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.
The conferees note that Under Article 1, section 9 of the
Constitution, habeas corpus rights ``shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety
may require it.'' The Supreme Court has stated that Congress
may not be presumed to have limited habeas corpus rights absent
``an unmistakably clear statement'' to that effect. (Hamdan v.
Rumsfeld, 548 U.S. 557, 575 (2006); Boumedienne v. Bush, 553
U.S. 723, 738 (2008)).
The conferees note that no provision of the AUMF or the
FY 2012 NDAA addresses the availability of the writ of habeas
corpus. On the contrary, section 1021(e) of the FY 2012 NDAA
expressly states: ``Nothing in this section shall be construed
to affect existing law or authorities relating to the detention
of United States citizens, lawful resident aliens of the United
States, or any other persons who are captured or arrested in
the United States.'' Further, the conferees acknowledge that
constitutional rights may not be restricted or denied by
statute. Consequently, nothing in the AUMF or the FY 2012 NDAA
restricts or denies existing habeas corpus rights or any other
existing constitutional rights.
Subtitle E--Nuclear Forces
Nuclear weapons employment strategy of the United States (sec. 1031)
The House bill contained a provision (sec. 1051) that
would require annual briefings to the congressional defense
committees, specifically the Chairmen and Ranking Members and
such professional staff as they designate, on the nuclear
weapons employment strategy, plans and options of the United
States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
notification to the congressional defense committees when there
is an anomaly of the nuclear command, control and
communications system that rises to the level of notification
to Secretary of Defense or the Nuclear Weapons Council. This
requirement is intended to involve those anomalies that are
beyond the de minimis issues.
Progress of modernization (sec. 1032)
The House bill contained a provision (sec. 1054) that
would prohibit the expenditure of any funds made available for
fiscal year 2013 or any fiscal year thereafter to implement a
new nuclear weapons employment strategy until a period of 1
year after a report detailing such strategy has been submitted
to Congress. The section would also provide that for fiscal
years 2013 through 2021, no funds made available for each such
fiscal year may be used to carry out the decisions of the 2010
Nuclear Posture Review Implementation study that would alter
the nuclear weapons employment strategy, guidance, plans or
options of the United States until the President certifies that
the resources projected in the February 2011 update to the
report required under section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
been requested from the Congress, have been provided in
appropriations acts passed by the Congress and signed by the
President, and the sequestration mechanism of the Balanced
Budget and Emergency Deficit Control Act of 1985, (Public Law
99-177), have been repealed or otherwise terminated.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
notice 60 days before the 2010 Nuclear Posture Review
Implementation Study from the 2010 Nuclear Posture Review is
issued or implemented, and that the President shall transmit to
congressional defense committees a report providing the high,
medium and low confidence assessments of intelligence community
as to whether the United States will have significant warning
of a strategic surprise or breakout caused by foreign nuclear
weapons development.
Report in the event of insufficient funding for modernization of
nuclear weapons stockpile (sec. 1033)
The House bill contained a provision (sec. 1053) that
would amend section 1045(a) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) to
require a report in any year in which funding is appropriated
for nuclear modernization activities that is less than
projected in the November 2010 update of the plan referred to
in section 1251 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) within 60 days of the
determination of insufficient funding. The section would
prohibit the reduction of U.S. deployed nuclear warheads until
the President certifies that the resource shortfall identified
in the report has been addressed and 120 days have elapsed
following such certification. The limitation on reductions
would not apply regarding reductions made to ensure the safety,
security, reliability and credibility of the U.S. nuclear
weapons stockpile and delivery systems.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
notification to the appropriate congressional committees 60
days before a reduction in the number of deployed nuclear
warheads.
Prevention of asymmetry of nuclear weapon stockpile reductions (sec.
1034)
The House bill contained a provision (sec. 1056) that
would require the President to certify whether reductions in
the U.S. nuclear weapons stockpile would result in the
stockpile being smaller than that of the Russian Federation.
The section would provide that if the President certifies that
the U.S. nuclear weapons stockpile is smaller than the Russian
stockpile, he may not make any reductions to the U.S. stockpile
until the Commander of U.S. Strategic Command reports on a
potential strategic imbalance created by the reductions and a
period of 180 days has elapsed following the submission of the
report to the congressional defense committees. The section
would except from the limitation reductions made to ensure the
safety, security, reliability, and credibility of the nuclear
weapons stockpile.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would replace
the limitation on reductions with a report by the Commander of
the U.S. Strategic Command, transmitted by the President 60
days before the reduction, covering whether it would create a
strategic inbalance or degrade deterrence and extended
deterrence between the total number of the nuclear weapons of
the United States and the total number of the Russian
Federation.
Strategic delivery systems (sec. 1035)
The Senate amendment contained a provision (sec. 1071)
that would require the President to certify to the
congressional defense committees whether plans to modernize
strategic delivery systems are funded at a level equal to or
more than that outlined in the November 2010 update to the plan
found in section 1251 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84). If the level of
funding is less than that referred to in the November 2010
update, then the President must submit as part of the reporting
requirements under section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81), his
assessment of whether a lack of full funding will result in a
loss of military capability. If the President determines that
the lack of full funding will result in a loss of military
capability, he must submit with the section 1043 report a plan
to preserve or retain the capability that would be lost, and a
report that assesses the impact of the lack of full funding and
a description of the funding required to restore the
capability.
The House bill contained a similar provision (sec. 1055)
that would require the President to certify annually whether
plans to modernize or replace strategic delivery systems are
fully resourced and being executed at a level equal to or more
than the levels set forth in the November 2010 update to the
plan referred to in section 1251 of Public Law 111-84. The
section would further prohibit the use of funds to reduce,
convert, or eliminate strategic delivery systems as a result of
the New START treaty or otherwise unless the President is able
to issue the required certification.
The House recedes with an amendment that would require
the President to certify annually to the congressional defense
committees whether plans to replace or modernize strategic
delivery systems are funded at levels equal that under the
November 2010 update to section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84). If
before fiscal year 2020, the President reports that the plan to
modernize the strategic delivery systems is not fully funded
according to the November 2010 update, the President shall
include with the report to Congress under section 1043 of
Public Law 112-81 a determination whether the lack of funding
will result in a loss of military capability as compared to the
November 2010 update. If the determination is made that a lack
of full funding will result in a loss of military capability,
the President shall include with the report under section 1043
of Public Law 112-81, a plan to preserve the military
capability that would be lost, an assessment of the impact of
the lack of full funding on the strategic delivery systems, and
a description of the funding required to restore military
capability. The President must certify a commitment to
accomplishing the modernization and replacement of strategic
delivery systems and the political obligations concerning
nuclear modernization as set forth in declaration 12 of the
Resolution of Advice and Consent to Ratification of the New
START treaty.
The amendment also requires that the President make the
certification regarding full funding for the strategic delivery
systems under the November 2010 update to the section 1251 plan
not less than 60 days before the date on which the President
carries out any proposed reduction to the strategic delivery
systems along with any additional reporting matters described
in this section. In addition, the President must certify to the
congressional defense committees that the Russian Federation is
in compliance with its arms control obligations with the United
States.
Consideration of expansion of nuclear forces of other countries (sec.
1036)
The House bill contained a provision (sec. 1057) that
would require that in any year in which the President
recommends reductions in the nuclear forces of the United
States that no funds made available for fiscal year 2012 or any
fiscal year thereafter may be used for such reduction until the
President transmits to the appropriate congressional committees
a report regarding foreign nuclear weapons programs and a
certification by the Commander of U.S. Strategic Command as to
whether the recommended reductions in U.S. nuclear forces could
have specific implications for U.S. national security.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that requires the
President to transmit a report to Congress 60 days before any
such reduction with a high, medium and low confidence
intelligence community assessment regarding a country's number
and type of nuclear weapons, its modernization plans, warhead
and strategic delivery vehicle production capacity, nuclear
doctrine and the impact of the reductions on deterrence and
extended deterrence of the United States. In addition, the
Commander of the United States Strategic Command shall certify
to congressional defense committees whether such reductions
impair the ability of the United States to respond to unplanned
strategic or geopolitical events, technical challenges or
whether such reductions degrade United States deterrence or the
extended deterrence it provides to its friends and allies. With
regard to extended deterrence, the conferees expect the
Commander will consult with the Secretary of State.
Nonstrategic nuclear weapon reductions and extended deterrence policy
(sec. 1037)
The House bill contained a provision (sec. 1060) that
would state the policy of the United States regarding
nonstrategic nuclear weapons reductions as well as the United
States policy on the extended deterrence commitment to Europe.
The section would also limit any funds made available for
fiscal year 2013 or any fiscal year thereafter to reduce,
consolidate or withdraw U.S. nuclear weapons that are based in
Europe until certain specific conditions are met, as
established by a certification from the President submitted to
the appropriate congressional committees, and a period of 180
days has elapsed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
notification to the congressional defense committees 60 days
before the reduction, consolidation, or withdrawal of nuclear
forces based in Europe.
Unilateral change in nuclear weapons stockpile of the United States
(sec. 1038)
The House bill contained a provision (sec. 1065B) that
would prohibit the President from retiring, dismantling, or
eliminating any nuclear weapon if the action results in a level
lower than that described by the New Strategic Arms Reduction
Treaty.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the President, prior to considering a change to the size of the
total stockpile of deployed and non-deployed hedge weapons by
more than 25 percent, other than through a treaty even if over
several years, to submit to the congressional defense
committees the terms of reference of a nuclear posture review.
The 25 percent change would include either a reduction or an
increase in nuclear stockpile size.
Under the provision, the President would be allowed to
change the nuclear stockpile by more than 25 percent upon
completing the nuclear posture review and submitting it to the
congressional defense committees.
This provision would not apply to changes in the nuclear
weapons stockpile resulting from treaty obligations, but would
apply to any other changes. This provision would be a recurring
requirement.
The Nuclear Posture Review would be submitted in an
unclassified form but may include a classified annex.
Expansion of duties and responsibilities of the Nuclear Weapons Council
(sec. 1039)
The House bill contained a provision (sec. 1061) that
would amend section 179 of title 10, United States Code, (10
U.S.C. 179) authorizing the Nuclear Weapons Council (NWC) to
require circulation of materials to the Chairman of the NWC not
later than 7 days before a Council meeting and to coordinate
and approve the annual budget proposals of the National Nuclear
Security Administration (NNSA).
The Senate amendment contained a similar provision (sec.
902) that would amend the statute authorizing the NWC (10
U.S.C. 179) to require that concurrent with the President's
budget submission, that the Council certify in writing that the
budget for the NNSA meets both the nuclear stockpile and the
stockpile stewardship requirements as well as provide
programmatic oversight of the nuclear command and control
system. The provision also requires the Council to notify the
congressional defense committees on the impacts of any
authorization or appropriation bill adopted by either the
Senate or the House of Representatives that in the view of the
Council fails to adequately fund the nuclear stockpile and
nuclear stockpile stewardship requirements.
The Senate recedes with an amendment that would require
certification by the NWC of the NNSA budget with dissenting
opinions at the time of budget submission to the Congress,
provide oversight of the nuclear command and control system and
provide that the NWC notify the congressional defense
committees on the impacts of any authorization or appropriation
bill adopted by either the Senate or House that fails to fund
the nuclear stockpile stewardship requirements.
The conferees understand there will be circumstances
which could preclude meeting the 7-day advance document
requirement before a meeting of the NWC. The conferees intend
the 7-day requirement apply to the extent possible.
The conferees expect that the NWC not only certify (as
required by statute) the NNSA budget as it is submitted to the
Congress but that the NWC also take an active role in shaping
and reviewing the NNSA budget as it is prepared for submission
to Congress and negotiated with the Office of Management and
Budget during the budget review process.
Interagency Council on the Strategic Capability of the National
Laboratories (sec. 1040)
The House bill contained a provision (sec. 1062) that
would establish an Interagency Council on the Strategic
Capability of the National Laboratories. The membership of the
Council would include the Secretary of Defense, the Secretary
of Energy, the Secretary of Homeland Security, the Director of
National Intelligence, the Administrator for Nuclear Security,
and other officials as designated by the President. The Council
would be responsible for a variety of matters related to
identifying, assessing, and ensuring adequate support for
strategic capabilities at the national laboratories that could
be used by the participating agencies to accomplish national
security missions. This section would also require each member
of the Council to create streamlined consideration and approval
processes for their agency to procure the services of the
national laboratories on appropriate matters. Finally, this
provision would require the Council to submit a report to
appropriate congressional committees on the functions and
effectiveness of the Council.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add a
requirement that the Council, in its report to Congress, assess
the strategic capabilities and core competencies of
laboratories and engineering centers operated by the Department
of Defense, including mission areas and functions that should
be carried out by these laboratories and engineering centers.
Cost estimates for nuclear weapons (sec. 1041)
The House bill contained a provision (sec. 1065A) that
would amend section 1043 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) and would require
cost estimates for sustaining and modernizing the U.S. nuclear
deterrent and the nuclear stockpile over the 10 year period
including training, basing, security, testing, research,
development, deployment, transportation, personnel, overhead,
and other appropriate matters as well as budget estimates
listed by location for the Department of Defense. The
Comptroller General would be required to review the cost
estimates prepared by the Department of Defense within 180
days.
The Senate amendment contained a similar provision (sec.
1073) that would require the Congressional Budget Office to
obtain a 10 year cost estimate of nuclear weapons enterprise in
the Departments of Defense and Energy.
The Senate recedes with an amendment that would amend
section 1043 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81) and require cost estimates
for sustaining and modernizing the U.S. nuclear deterrent and
the nuclear stockpile over the 10 year period including for
procurement, military construction, operation and maintenance,
research, development, test, and evaluation for the Department
of Defense, with a review of the costs by the Comptroller
General. The amendment would also require a 10 year cost
estimate by the Congressional Budget Office of the nuclear
enterprise in the Departments of Defense and Energy.
Prior notification with regard to retirement of strategic delivery
systems (sec. 1042)
The House bill contained a provision (sec. 1065C) that
would limit any funds authorized to be appropriated for fiscal
year 2013 or any fiscal year thereafter for the Department of
Defense to reduce, convert, or decommission any strategic
delivery system pursuant to the levels set forth under the New
START Treaty unless the President certifies to Congress that
the Russian Federation makes a commensurate reduction,
conversion or decommissioning under the Treaty and that the
Russian Federation is not developing or deploying a strategic
delivery system that is not covered under the treaty limits and
capable of reaching the United States. The provision limits any
funds authorized to be appropriated for fiscal year 2013 or any
fiscal year thereafter if such funds would eliminate a leg of
the nuclear triad.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the President submit the report required under section 1042(a)
of the National Defense Authorization Act of Fiscal Year 2012
(Public Law 112-81), 60 days before any such reduction,
conversion or decommissioning of any strategic delivery systems
under the New START Treaty.
Report on nuclear warheads on intercontinental ballistic missiles of
the United States (sec. 1043)
The House bill contained a provision (sec. 1059) that
would prohibit reductions in the number of warheads loaded on
U.S. intercontinental ballistic missiles unless the President
certifies that the Russian Federation and the People's Republic
of China are carrying out similar reductions with an exception
for reductions made to ensure the safety, security, reliability
and credibility of the U.S. nuclear weapons stockpile and
delivery systems
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report on the requirements necessary to ensure the United
States retains the ability to upload multiple warheads on
intercontinental ballistic missiles if circumstances dictate
that such actions are needed.
Requirements for combined or interoperable warhead for certain missile
systems (sec. 1044)
The Senate amendment contained a provision (sec. 1072)
that would require the Nuclear Weapons Council to provide
Congress with the definition of a combined warhead so that the
6.1 and 6.2 process will have clarity in the out-years.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretaries of the Navy and Air Force to submit to the
Nuclear Weapons Council their plans and views with respect to a
combined or interoperable warhead for the W78 Minuteman III
missile system and the W88 Trident II system. The amendment
would also require that these views be combined unedited with
the report from the Nuclear Weapons Council setting forth the
requirements for the combined or interoperable warhead and
provided to Congress.
To better understand the requirements associated with
this interoperable warhead, the conferees direct the Under
Secretary of Defense for Acquisition, Technology, and Logistics
to submit to the congressional defense committees by February
1, 2013, any briefing materials that pertain to the
interoperable warhead that were provided to the Nuclear Weapons
Council by the Commander of U.S. Strategic Command during the
Council's July 2012 meetings. In addition to the original
materials, the Under Secretary and the Commander of U.S.
Strategic Command may also submit any update to the information
contained in the materials.
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. 1045)
The House bill contained a provision (sec. 1063) that
would require a report within 1 year after the date of
enactment of this Act on the implications of the underground
tunneling network of the People's Republic of China and the
capacity of the conventional and nuclear forces of the United
States to hold those tunnels (and assets contained within) at
risk, including any implications for U.S. force structure and
program requirements. Such report would be unclassified, with a
classified annex if necessary. Information controlled under
special access programs and alternate or compensatory control
measures are limited to the congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on conventional and nuclear forces in the Western Pacific region
(sec. 1046)
The House bill contained a provision (sec. 1064) that
requires a report on the deployment of additional conventional
and nuclear forces to the Western Pacific, detailing specific
issues with such deployments including an evaluation of any
bilateral agreements, basing arrangements and costs required
for such deployments.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to consider the feasibility and
strategic value of such deployments as part of the report.
Subtitle F--Miscellaneous Authorities and Limitations
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. 1051)
The House bill contained a provision (sec. 1072) that
would amend section 4683(a) of title 10, United States Code, to
change the statutory limitation on the number of excess small
arms that the Secretary of the Army can donate to certain
eligible organizations for funeral and other ceremonial
purposes. This section would also establish a rotational small
arms loan program should the demand for ceremonial small arms
exceed currently available excess supply.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of the Army to loan or donate excess non-
automatic service rifles to meet the needs of authorized
eligible organizations with respect to performing funeral and
other ceremonies.
Interagency collaboration on unmanned aircraft systems (sec. 1052)
The House bill contained a provision (sec. 1074) that
would: (1) amend section 1036(a) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417) to encourage technical collaboration and sharing of
personnel, resources, and information among the Department of
Defense (DOD), the Federal Aviation Administration (FAA), and
the National Aeronautics and Space Administration (NASA); (2)
direct the Secretary of Defense to collaborate with the FAA and
NASA Administrators on solutions to the challenges of unmanned
aerial system (UAS) integration into the National Airspace
System (NAS); and (3) require the Secretary of Defense to
provide an annual report for a period of 5 years on the
progress of research and development for UAS NAS integration
and future funding requirements.
The Senate amendment contained a nearly identical
provision (sec. 1046).
The Senate recedes with an amendment that would clarify
that congressional intent is for the collaboration effort to
result in all public agencies gaining better access to the NAS,
and that the Secretary's annual report should include
information on progress in sharing with the FAA safety
operational and performance data as it relates to unmanned
aircraft system operation and the impact on the NAS.
Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles
and spare parts (sec. 1053)
The House bill contained a provision (sec. 1075) that
would authorize the Secretary of Defense to transfer surplus
Mine-Resistant Ambush-Protected vehicles to non-profit United
States humanitarian demining organizations for purposes of
demining activities and training of such organizations. This
section would specify that any transfer of such a vehicle shall
be made on a loan basis; require the cost of operation and
maintenance of the vehicles to be borne by the recipient
organization; and include any other appropriate conditions as
determined by the Secretary. This section would require the
Secretary to notify the congressional defense committees in
writing 60 days prior to making any transfer of vehicles or
spare parts.
The Senate amendment contained no similar provision.
The Senate recedes.
Notice to Congress of certain Department of Defense nondisclosure
agreements (sec. 1054)
The House bill contained a provision (sec. 1077) that
would prohibit the Department of Defense (DOD) from the use of
nondisclosure agreements to prevent members of the armed forces
and DOD civilian employees from communicating with Members of
Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to notify the congressional defense
committees of any nondisclosure agreements that members of the
armed forces or DOD civilian employees are asked to sign that
could restrict communications with Congress, and provide the
text of the agreements and a description of the category of
employees who will be asked to sign, along with an explanation
of the need and the legal basis for such agreements.
The conferees note that all nominees for senior civilian
and military positions in the Department of Defense make a
commitment in the confirmation process to ensure that
testimony, briefings, and other communications of information
are provided to the congressional defense committees in a
timely manner and to protect witnesses and briefers from
reprisal for their testimony or briefings.
The conferees strongly discourage DOD from the use of
nondisclosure agreements that could restrict communications
with Congress, except in cases where such agreements are
necessary to protect classified information, contractor
proprietary information, or source selection sensitive
information.
Extension of authority to provide assured business guarantees to
carriers participating in Civil Reserve Air Fleet (sec. 1055)
The House bill contained a provision (sec. 332) that
would amend section 9515 of title 10, United States Code.
Section 9515 provides authority for the Secretary of Defense to
guarantee higher minimum levels of business than would
otherwise be authorized by law to United States passenger
carrying air carriers participating in the Civil Reserve Air
Fleet. This authority will expire on December 31, 2015. The
House bill provision would: (1) extend the sunset date to 2020;
and (2) permit the Secretary to expand the possible uses of
these assured business guarantees to cargo carrying air
carriers.
The Senate amendment contained an identical provision
(sec. 1043).
The conference agreement includes the provision.
Authority for short-term extension of lease for aircraft supporting the
Blue Devil intelligence, surveillance, and reconnaissance
program (sec. 1056)
The Senate amendment contained a provision (sec. 933)
that would allow the Secretary of the Air Force to extend or
renew, on a temporary basis, the current lease of aircraft to
support the Blue Devil intelligence, surveillance, and
reconnaissance program.
The House bill contained no similar provision.
The House recedes.
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. 1057)
The House bill contained a provision (sec. 1071) that
would amend section 1062(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383) to
allow the Secretary of Defense to authorize a military or
Department of Defense (DOD) civilian mental health professional
or commanding officer to inquire if a service member plans to
acquire or already possesses a weapon if the mental health
professional or commanding officer has reasonable grounds to
believe that the service member is at high risk for suicide or
causing harm to others.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 1062(c) to allow the Secretary of Defense to authorize
a military or DOD civilian health professional or commanding
officer to inquire if a service member plans to acquire or
already possesses a weapon if the health professional or
commanding officer has reasonable grounds to believe that the
service member is at risk for suicide or causing harm to
others.
The conferees note that members of a service member's
chain of command or others who come into contact with a service
member who they reasonably believe may be at risk for suicide
or causing harm to others, may inform the service member's
commanding officer of their concerns. The conferees expect that
in implementing this provision the Secretary of Defense will
ensure that DOD policy clearly outlines the authority to
inquire about legally owned private weapons. By amending
section 1062(c), the conferees do not intend to modify or
eliminate any existing statutory authority of the Department.
Sense of Congress on the Joint Warfighting Analysis Center (sec. 1058)
The Senate amendment contained a provision (sec. 1051)
that would express the sense of Congress that the Joint
Warfighting Analysis Center should have adequate resources to
meet the continuing requirements of the combatant commands.
The House bill contained no similar provision.
The House recedes.
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 (sec.
1059)
The House bill contained a provision (sec. 1076) that
would prohibit the Department of Defense from divesting,
retiring, or transferring, or preparing to divest, retire, or
transfer, any: (1) C-23 aircraft of the Army assigned to the
Army as of May 31, 2012; or (2) aircraft of the Air Force
assigned to the Air Force as of May 31, 2012.
The Senate amendment contained a similar provision (sec.
1708) that would apply that prohibition to any aircraft of the
Air Force assigned to units of the Air National Guard or Air
Force Reserve as of May 31, 2012.
The Senate recedes with an amendment.
On November 2, 2012, the Air Force provided Congress with
a revised plan for fiscal year 2013 force structure that made
substantial changes to the original fiscal year 2013 force
structure proposal that led to these actions by Congress. The
Air Force has indicated that the Secretary of the Air Force
intends to implement that proposal in lieu of the force
structure proposal submitted with the President's budget
request.
The conference agreement includes a provision that would
require the Secretary of the Air Force to retain an additional
32 fixed-wing, intra-theater airlift aircraft beyond the number
of such aircraft proposed to be retained in the Secretary's
total force structure proposal provided to the congressional
defense committees on November 2, 2012. These 32 aircraft would
be kept to support the Army's fixed-wing direct support/time
sensitive airlift mission requirements of 40 dedicated
aircraft. The Air Force's revised proposal already incorporated
an extra eight C-130 aircraft that could be used to support the
Army's mission requirements. The conferees also agree that, in
retaining an additional 32 aircraft, the Secretary of the Air
Force should have the discretion to choose C-130s, C-27s, or a
combination of both.
The conferees are concerned with the Air Force's
capability to meet the Army's time sensitive/mission critical
direct support airlift mission requirement, given the quantity
of fixed-wing, intra-theater airlift aircraft that the
Secretary of Defense currently proposes to retire, even under
the revised proposal. The conferees expect this restriction
will apply only during fiscal year 2013, by which time Congress
should have received the report on intra-theater requirements
for both Title 10, Title 32, and Army direct support intra-
theater airlift missions. This report was required by section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81).
The conferees note that the Vice Chiefs of Staff of the
Air Force and the Army signed a memorandum of agreement (MOA),
dated September 13, 2009, that defined the concept of
employment for the Department of the Air Force in providing
direct support of Department of the Army time sensitive or
mission critical intra-theater airlift missions.
The conference agreement would require that, not later
than June 1, 2013, the Secretary of the Air Force shall ensure
that this MOA is incorporated into Department of the Air Force
doctrine, strategy, tactics, and modeling and the Air Force
core capabilities of agile combat support and rapid global
mobility operations.
The conferees further agree that the Air Force should
proceed with force structure divestments, retirements, and
transfers approved in requests prior to the fiscal year 2013
budget request.
However, the conferees direct the Secretary of the Air
Force to: (1) develop a strategy to ensure that personnel
readiness, training, and retention for units transitioning to
new or different missions would remain at the highest level
practicable during ongoing force structure retirements,
divestments, and transfers; and (2) minimize, to the maximum
extent practical, time-related gaps for units transitioning to
new or different missions.
The conferees note that additional resources in
individual authorization accounts to sustain the Air Force
force structure are provided for elsewhere in this Act.
Subtitle G--Studies and Reports
Electronic warfare strategy of the Department of Defense (sec. 1061)
The House bill contained a provision (sec.1067) that
would require the Secretary of Defense to review and update
Department of Defense guidance related to electronic warfare
not later than January 1, 2013, to ensure that oversight roles
and responsibilities within the Department are clearly defined.
This section would also require the Commander, U.S. Strategic
Command, to update and issue guidance regarding the
responsibilities of the combatant command with regard to joint
electronic warfare capabilities. Finally, this section would
include additional reporting requirements in the annual report
on electronic warfare required by section 1053 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the date by which the Commander, U.S. Strategic Command, would
be required to issue updated guidance from January 1, 2013, to
October 1, 2013.
The conferees expect that the review and update of
electronic warfare guidance will include an examination of the
relationship between cyber warfare and electronic warfare, and
that the Commander, U.S. Strategic Command, will highlight for
the leadership of the Department of Defense issues relating to
oversight, management, and integration that need to be resolved
across these two warfare missions.
Report on counterproliferation capabilities and limitations (sec. 1062)
The House bill contained a provision (sec. 1068) that
would require the Secretary of Defense to provide a report to
the congressional defense committees by March 1, 2013,
outlining operational capabilities, limitations, and shortfalls
within the Department of Defense with respect to
counterproliferation and combating weapons of mass destruction
involving special operations forces and key enabling forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to provide the required report to the
congressional defense committees no later than 180 days after
enactment of this Act. The amendment also modifies the elements
of the required report.
Report on strategic airlift aircraft (sec. 1063)
The Senate amendment contained a provision (sec. 1061)
that would direct the Secretary of Defense to submit to the
congressional defense committees a report that sets forth
various assessments related to: (1) possible Federal Aviation
Administration certification for commercial use of a commercial
variant of the C-17 aircraft, a retired C-17A aircraft, and a
retired C-5A aircraft; and (2) the Civil Reserve Air Fleet
(CRAF) and the potential for using these aircraft to augment
capability in participating CRAF air carriers. The Secretary
would be required to submit that report not later than 90 days
after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
congressional recipients of the report to include the Commerce
Committee of the Senate and the Transportation and
Infrastructure Committee of the House of Representatives.
Repeal of biennial report on the Global Positioning System (sec. 1064)
The Senate bill contained a provision (sec. 1062) that
would repeal the biennial report on global positioning systems
prepared by the Department of Defense in response to 10 U.S.C.
2281d. This information can readily be obtained from the
biennial Federal Radionavigation Plan.
The House bill contained no similar provision.
The House recedes.
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. 1065)
The Senate amendment contained a provision (sec. 1063)
that would repeal section 234 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85)
titled, ``Annual Report on Threat Posed to the United States by
Weapons of Mass Destruction, Ballistic Missiles, and Cruise
Missiles''.
The House bill contained no similar provision.
The House recedes with an amendment that would amend the
report required by section 234 of Public Law 105-85 with
additional requirements for the Secretary of Defense, in
consultation with the Director of National Intelligence, to
carry out an annual report due not later than January 30 of
each year similar to what was proposed to be repealed by the
Senate. The conferees were informed that a report,
``Acquisition of Technology Relating to Weapons of Mass
Destruction'' required by section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104-293) was
repealed by both the Senate Select Committee on Intelligence in
its version of the Intelligence Authorization Act for Fiscal
Year 2013 (S. 3454), reported out of that committee on July 30,
2012, as well as the House Permanent Select Committee on
Intelligence in its version of the Intelligence Authorization
Act for Fiscal Year 2013 (H.R. 5743), which was passed by the
House of Representatives on May 31, 2012.
The result of the proposed Senate repeal and the actions
of the intelligence committees of the Senate and the House of
Representatives would be no meaningful unclassified data
reported to the Congress and the American public in a
comprehensive way on these serious threats.
The conferees are cognizant of the cost of preparing
these reports, but note that this reporting consolidation
should permit efficiency and cost-savings. The conferees
believe this new report should be prepared in as thorough a
fashion as possible taking advantage of the venue of this more
comprehensive unclassified report.
The conferees expect that for the first report
submission, the existing work done to prepare for the
respective Secretary of Defense and Director of National
Intelligence reports, which are now consolidated, should be
utilized to ensure a thorough and cost-effective report,
submitted on time.
Report on force structure of the United States Army (sec. 1066)
The House bill contained a provision (sec. 1081) that
would establish a bipartisan independent strategic review panel
to conduct a regular review of the national defense strategic
environment, an assessment of the quadrennial defense review
required under section 118 of title 10, United States Code, and
a review of the future of the U.S. Army.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of the Army to provide Congress with a report on
the Army's future force structure.
The conferees direct the National Defense Panel,
established by section 118(f) of title 10, United States Code,
to include an assessment of the national security defense
strategic environment of the next 20 years in the next report
of the Panel, as required by paragraph (7) of subsection (f) of
section 118 of title 10, United States Code.
Report on planned efficiency initiatives at Space and Naval Warfare
Systems Command (sec. 1067)
The Senate amendment contained a provision (sec. 1068)
that would require the Secretary of the Navy to submit to the
congressional defense committees a report on plans to implement
efficiency initiatives to reduce overhead costs of the Space
and Naval Warfare Systems Command (SPAWAR), including a
detailed description of the long-term impacts on current and
planned future mission requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the plans evaluated by the Secretary should be for all
echelons of SPAWAR.
Report on military resources necessary to execute United States Force
Posture Strategy in the Asia Pacific Region (sec. 1068)
The Senate amendment contained a provision (sec. 1067)
that would require the Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, to review the
strategy, force structure, and resource requirements for the
Asia Pacific region and to report to the congressional defense
committees on the results within 1 year of enactment.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the Center for Strategic and
International Studies issued an independent assessment in
August 2012 on U.S. Force Posture Strategy in the Asia-Pacific
Region. That assessment, conducted in accordance with Section
346 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81), recommends a better alignment of
engagement strategies between U.S. Pacific Command and the
Department of Defense (DOD) in order to improve capabilities to
respond to a range of contingencies. The assessment also noted
that the DOD ``has not adequately articulated the strategy
behind its force posture planning, nor aligned the strategy
with resources in a way that reflects current budget
realities.''
The conferees note that the DOD has requested hundreds of
millions of dollars for infrastructure and facility
requirements on Guam, yet there is not a clear, specific plan
in the current budget request for the military resources and
equipment needed in the Pacific theater to lift and maneuver
our military forces. The conferees expect that the report
required by this provision will address the plan for ensuring
that any proposed force realignments in the Pacific region, to
include moving U.S. Marines from Japan to Australia, Guam, and
Hawaii, are supported by resources that will allow our forces
to meet operational requirements. Military commanders in the
region must have adequate ground, naval, and air assets to meet
the operational and logistical challenges in the Pacific
theater, including strategic airlift and sealift to move forces
quickly around an extremely large and diverse area of
responsibility. These resources should be in place before the
forces are realigned, so as not to incur additional operational
risk in this critical region.
Rialto-Colton Basin, California, water resources study (sec. 1069)
The House bill contained a provision (sec. 1089) that
would require the Secretary of the Interior to conduct a study
of water resources in the Rialto-Colton Basin in California.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Reports on the potential security threat posed by Boko Haram (sec.
1070)
The House bill contained a provision (sec. 1090) that
would direct the Secretary of State to submit a report on
whether the Nigerian organization known as ``Boko Haram'' meets
the criteria for designation as a Foreign Terrorist
Organization (FTO) under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
The Senate amendment contained a provision (sec. 1089)
that would require the Director of National Intelligence (DNI)
to submit an intelligence assessment on the threat posed by
Boko Haram. Following submission of the DNI's assessment, the
Secretary of State would be required to submit a report to
Congress on the current U.S. strategy to counter the threat
posed by Boko Haram.
The House recedes with an amendment that would require
the reports under this provision to be classified, and require
the report under subsection (b) of the provision to be a joint
report prepared by the Secretary of State and the Secretary of
Defense.
The conferees understand that the State Department has
conducted an assessment of whether to designate Boko Haram as
an FTO. The conferees expect that a discussion of the findings
of the Department's assessment on whether Boko Haram should be
designated as an FTO be included in the report required under
this subsection.
Study on the ability of national test and evaluation capabilities to
support the maturation of hypersonic technologies for future
defense systems development (sec. 1071)
The Senate amendment contained a provision (sec. 1069)
that would require an interagency study on the ability of the
national test and evaluation infrastructure, including the
Department of Defense (DOD), the National Aeronautics and Space
Administration (NASA), and the private sector, to help mature
hypersonic technologies for defense systems development.
The House bill contained no similar provision.
The House recedes with technical and clarifying
amendments. The conferees direct that DOD and NASA provide
resources to support this study and report, as well as to
provide all information and data on capabilities, funding,
requirements, and other matters required for the study and
report.
The conferees believe that maintaining the capabilities
to conduct hypersonic ground testing is a national security
priority and are not confident the Federal Government is taking
all necessary actions to maintain relevant capabilities. The
conferees are aware that as part of the fiscal year 2013 budget
certification, the Test Resource Management Center opposed
planned Air Force reductions that would have mothballed a
number of important wind tunnels without assessing the impact
on other agencies' programs or the cost to recover that
mothballed capability in the future.
Lastly, the conferees note that this study requirement
supersedes the hypersonic test and evaluation infrastructure
study requirement outlined in the Senate report (S. Rept. 112-
173) accompanying the National Defense Authorization Act for
Fiscal Year 2013 (S. 3254).
Subtitle H--Other Matters
Technical and clerical amendments (sec. 1076)
The House bill contained a provision (sec. 1083) that
would make technical and clerical amendments.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment making additional
technical and clerical amendments.
Sense of Congress on recognizing Air Mobility Command on its 20th
anniversary (sec. 1077)
The House bill contained a provision (sec. 1091) that
would express the sense of Congress that, on the occasion of
the 20th anniversary of the establishment of Air Mobility
Command, the people of the United States should: (1) recognize
the critical role that Mobility Air Forces play in the Nation's
defense; and (2) express appreciation for the leadership of Air
Mobility Command and the more than 134,000 active duty, Air
National Guard, Air Force Reserve, and Department of Defense
civilians that make up the command.
The Senate amendment contained no similar provision.
The Senate recedes.
Dissemination abroad of information about the United States (sec. 1078)
The House bill contained a provision (sec. 1097) that
would amend section 501 of the United States Information and
Educational Exchange Act of 1948 (also known as the Smith-Mundt
Act; 22 U.S.C. 1461) to authorize, with certain exceptions, the
Secretary of State and the Broadcasting Board of Governors
(BBG) to use funds appropriated or otherwise made available for
public diplomacy information programs to provide for the
preparation, dissemination, and use of information intended for
foreign audiences abroad about the United States, its people,
and its policies, through press, publications, radio, motion
pictures, the Internet, and other information media, including
social media, and through information centers, instructors, and
other direct or indirect means of communication. The provision
would also amend the Foreign Relations Authorization Act of
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) to remove
existing statutory limits on the Department of State's and
BBG's ability to provide information about their activities to
the Congress, media or public.
The Senate amendment contained no similar provision.
The Senate recedes with a technical and clarifying
amendment.
The conferees maintain that the Secretary of State and
BBG are authorized to utilize funds for public diplomacy
programs to provide for the preparation, dissemination, and use
of information intended for foreign audiences. Further, the
conferees maintain that no funds authorized for the Department
of State or BBG shall be used to influence public opinion in
the United States. The conferees recognize that the ban on
domestic dissemination of BBG or Department of State public
diplomacy products contained in the Smith-Mundt Act did not
envision the development of new technologies, including the
Internet or satellite broadcasting, which do not honor national
boundaries. The conferees note the modification on the
prohibition on domestic dissemination does not apply to other
agencies of the U.S. Government, as the initial ban was also
not applicable to them. In addition, this amendment in no way
broadens or otherwise changes the current missions of the
Department of State and BBG.
In addition, the conferees believe the provision would
allow BBG to respond to domestic requests for BBG material, but
not to seek to syndicate such material through domestic media
outlets with the intent to develop audiences within the United
States. Further, the conferees expect that reimbursements and
fees should not exceed the actual costs incurred to make
materials available pursuant to the statute. The conferees also
believe that the fees charged pursuant to this provision should
be assessed according to a standardized, publicly-available fee
schedule; and that the Secretary of State, BBG, and the
National Archivist should maintain and provide to Congress a
regular accounting of the funds collected pursuant to the
reimbursement authority of section 501(b)(1) and the fee-
collection authority of section 501(b)(4).
Coordination for computer network operations (sec. 1079)
The House bill contained a provision (sec. 1098) that
would require the President to submit to the congressional
defense committees a charter for an interagency body to
coordinate and deconflict full-spectrum military cyber
operations for the Federal Government. The provision would
require the report to include: (1) business rules and processes
governing the interagency body's activities; (2) interagency
guidance on roles and responsibilities for military cyber
operations; (3) the membership of the coordination body; and
(4) plans for documenting the body's activities. Finally, the
provision would require the Secretary of Defense to submit to
the congressional defense committees for fiscal year 2015 and
all years thereafter, Department of Defense-wide budget
materials for military cyber operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the reporting requirement from the President to the Secretary
of Defense and the form of the reporting to a briefing. The
amendment would also alter the contents of the briefing to
include: (1) business processes and rules governing interagency
coordination processes; (2) membership and responsibilities
relating to the interagency process; (3) interagency guidance
on roles and responsibilities for military cyber operations;
and (4) plans to implement the interagency guidance.
Sense of Congress regarding unauthorized disclosures of classified
information (sec. 1080)
The House bill contained a provision (sec. 1099C) that
would require the Attorney General to investigate possible
violations of federal law related to alleged leaks of certain
classified information.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express
the sense of Congress that the Department of Defense, the
Department of Justice, and other federal agencies should take
positive steps to address the unauthorized disclosure of
classified information.
Technical amendments to repeal statutory references to United States
Joint Forces Command (sec. 1081)
The Senate amendment contained a provision (sec. 1082),
as requested by the Department of Defense, that would amend
title 10, United States Code, to remove references to the
United States Joint Forces Command (USJFCOM) in order to
reflect the disestablishment of USJFCOM effective August 4,
2011.
The House bill contained no similar provision.
The House recedes.
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. 1082)
The Senate amendment contained a provision (sec. 1083)
that would express the sense of Congress on the importance of
science, technology, engineering, and mathematics (STEM) to the
Department of Defense.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees recognize that in order to maintain and
advance the military technological superiority of the armed
forces, the United States requires the best and brightest
scientists, mathematicians, and engineers to discover, develop,
and field the next generation of weapon systems and defense
technologies. The capabilities of the armed forces are highly
reliant upon advanced technologies that provide our forces with
a technological edge on the battlefield. Furthermore, the
conferees are concerned that more than half of all graduates
with advanced scientific and technical degrees from United
States institutions of higher education are non-United States
citizens who have very limited opportunities upon graduation to
contribute to the science and technology activities of the
Department of Defense and the United States defense industrial
base. Of those graduates that are left that are able to support
the Department of Defense and the defense industrial base,
competition with other sectors is exacerbated by salary
discrepancies and significant administrative obstacles. The
conferees note that while there is an overarching national
priority to increase the numbers of United States citizens who
have appropriate advanced degrees in science, technology,
engineering and mathematics, it would also be beneficial if the
Department of Defense and the defense industrial base were able
to access the pool of talent consisting of non-United States
citizens with advanced scientific and technical degrees from
United States institutions of higher education, many of whom
are otherwise returning to their home countries.
Scientific framework for recalcitrant cancers (sec. 1083)
The Senate amendment contained a provision (sec. 5022)
that would amend subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) to direct the
National Cancer Institute to develop scientific frameworks for
the conduct or support of research efforts on recalcitrant
cancers.
The House bill contained no similar provision.
The House recedes.
Protection of veterans' memorials (sec. 1084)
The Senate amendment contained a provision (sec. 1096)
that would amend sections 2314 and 2315 of title 18, United
States Code, to make it a criminal offense to transport stolen
veterans' memorials of any value in interstate or foreign
commerce, or to sell or receive stolen veterans' memorials of
any value that have crossed a state or United States boundary
after being stolen, punishable by a fine and imprisonment for
not more than 10 years.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
maximum penalty to a fine and imprisonment for not more than 1
year when the value of the veterans' memorial object is less
than $1000. The amendment would also define ``veterans'
memorial object'' as a grave marker, headstone, monument, or
other object intended to permanently honor a veteran or mark a
veteran's grave, or any monument that signifies an event of
national military historical significance.
Sense of Congress regarding spectrum (sec. 1085)
The Senate amendment contained a provision (sec. 5317)
that states a sense of Congress on sharing and making available
federal spectrum without harming federal users.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees are concerned that by not including
specific national security representation, the Technical Panel
and the Dispute Resolutions Board, established under section
6701 of The Middle Class Tax Relief Act of 2012 (Public Law
112-96), may make decisions that could result in arbitrary
determinations regarding the ``sufficiency'' of spectrum
relocation or sharing transition plans addressing national
security capabilities and any dispute that may arise
thereafter, without adequate input from the Department of
Defense (DOD). To ensure these equities are considered under
the amendment, the Secretary of Defense would determine whether
the needs and concerns of the DOD have been adequately
considered and addressed during the processes of identifying
frequencies to be surrendered and transition planning,
including review of transition plans by the Technical Panel and
any dispute resolution by the Dispute Resolution Board,
impacting national security capabilities.
Further, the conferees expect the National
Telecommunications and Information Administration ensure that
the rules and procedures implementing the Technical Panel and
Dispute Resolution Board as required by Public Law 112-96
incorporate methods that enable the Secretary of Defense to
make the necessary determination on the needs and concerns of
the DOD with respect to consideration of transition plans
impacting national security capabilities.
Public Safety Officers' Benefits Program (sec. 1086)
The Senate amendment contained a provision (sec. 5021)
that would revise and enhance the Dale Long Public Safety
Officer Benefits Program.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Removal of action (sec. 1087)
The Senate amendment contained a provision (sec. 5024)
that would address the removal of certain actions to federal
court under section 1442 of title 28, United States Code.
The House bill contained no similar provision.
The House recedes.
Transport for female genital mutilation (sec. 1088)
The Senate amendment contained a provision (sec. 1092)
that would amend title 18, United States Code, to provide
penalties for transporting minors in foreign commerce for
purposes of female genital mutilation.
The House bill contained no similar provision.
The House recedes.
Amendments to law enforcement officer safety provisions of title 18
(sec. 1089)
The Senate amendment contained a provision (sec. 1099C)
that would amend the law enforcement officer safety provisions
in title 18, United States Code.
The House bill contained no similar provision.
The House recedes.
Reauthorization of sale of aircraft and parts for wildfire suppression
purposes (sec. 1090)
The Senate amendment contained a provision (sec. 1095)
that would reinstate the Wildfire Suppression Aircraft Transfer
Act of 1996 (Public Law 104-307), making its provisions
effective until the end of fiscal year 2017. The Act, which had
expired at the end of fiscal year 2005, allowed the Department
of Defense to sell excess aircraft and aircraft parts to
private operators for wildfire suppression purposes.
The House bill contained no similar provision.
The House recedes.
Transfer of excess aircraft to other departments of the Federal
Government (sec. 1091)
The Senate amendment contained a provision (sec. 1094)
that would direct the Secretary of Defense to transfer, from
excess aircraft inventory, up to 12 aircraft each to the
Secretary of Agriculture and the Secretary of Homeland Security
for use by the Forest Service and the United States Coast
Guard, respectively. The provision would require that the
Secretary of Defense afford equal priority for transferring any
excess aircraft to the Forest Service and the Coast Guard
before any other department or agency of the Federal
Government. Finally, the authority to transfer excess aircraft
under the provision would expire on December 31, 2013.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
authority for the Secretary of Defense permissive, and would
limit the Secretary's authority under the provision to transfer
up to seven aircraft to each organization. The provision would
provide that the seven-aircraft limitation would cease upon
formal notification of the Secretary of Agriculture and the
Secretary of Homeland Security that the Secretary's respective
department will decline or accept seven aircraft.
The conferees understand that this provision may help
resolve pressing concerns regarding aviation forces within the
Forest Service and the Coast Guard. The Forest Service has an
urgent need to replace its fleet of large air tankers to more
effectively combat increasingly severe and frequent forest
fires, and the Coast Guard has a severely aging aircraft fleet
serving important homeland defense missions, with only scarce
resources to modernize that fleet.
Items of Special Interest
Below threshold fund transfers between Department of Defense accounts
The Senate report contained an item of special interest
directing the Secretary of Defense to submit a report to the
congressional defense committees providing suggestions to
increase the transparency and accountability of funds transfers
that do not require the prior approval of Congress.
The House report contained no similar language.
The conferees note that the defense authorization and
appropriations acts regularly authorize the Secretary of
Defense to transfer limited amounts of funding among
departmental accounts to facilitate unforeseen priorities. As
these transfers fall outside the normal congressional
authorization and appropriations process, Congress and the
Department of Defense restrict these transfers, as a matter of
policy, to ensure that they are performed in a manner
consistent with congressional intent. These restrictions
include a congressional review process for transfers that
exceed specific dollar thresholds specified in appropriations
acts. Despite these limits, the conferees note that Department
of Defense transfers in fiscal year 2011 totaled more than
$27.0 billion and more than half of these were below threshold
and thus not subject to congressional review.
Congress grants a certain degree of flexibility to the
Department of Defense to manage federal taxpayer funds
efficiently and effectively in response to changing conditions
and emerging requirements. The conferees are concerned that
significant realignments of funding are transacted without
congressional approval or notification. Therefore, the
conferees direct the Secretary of Defense to provide a summary
of below threshold reprogrammings to the congressional defense
committees 30 days after the end of each fiscal quarter. This
summary should include a narrative describing each defense
priority to which funding was transferred. These narratives
should be categorized according to justification, such as
emergent operational needs, program modifications, changes of
mission, fact-of-life adjustments, or adjustments to meet
Congressional intent. In addition, the summary should also
include a narrative describing each program from which funding
was transferred. These narratives should also be categorized
according to justification, such as delay, deferral, or
inability to execute.
Comptroller General of the United States Review of Geographic Combatant
Commands
The House Report contained an item of special interest
directing the Comptroller General of the United States to
conduct a review of the personnel and resources of the
geographic combatant commands (GCC), their supporting military
service component commands, and other assigned task forces, and
to submit a report on a variety of matters.
The conferees note that as the challenges to national
security continue to evolve, the Department of Defense faces
missions of increasing scope, variety, and complexity around
the world. To perform these missions, the GCCs conduct
activities within assigned areas of responsibility, to include
military-to-military relations, stability operations, security
assistance engagements, post-conflict operations, disaster
relief, humanitarian assistance, and other tasks, as assigned.
Each GCC also has dedicated military service component sub-
unified commands, theater special operations commands, and task
forces operating in support of these missions.
At a time of growing economic and fiscal constraints and
evolving security requirements, the conferees believe that the
Department must ensure the GCCs and their supporting elements
have the appropriate levels and types of personnel and
resources to execute theater security campaign plans and to
respond to emerging contingencies while avoiding duplication of
effort and excessive headquarters structure. The conferees note
that in a March 2012 report, the Comptroller General concluded
that there may be additional opportunities to consolidate
organizations and centralize functions across the Department,
to include the GCCs.
The conferees direct the Comptroller General of the
United States to conduct a review of the personnel and
resources of the combatant commands, their supporting military
service component commands, theater special operations
commands, and assigned task forces, and to submit a report on
the findings to the Committees on Armed Services of the Senate
and House of Representatives by June 30, 2013. The review
should cover the following: (1) the level of resources, in
terms of personnel and overall support costs, associated with
the commands for fiscal years 2001 through 2011 and an
assessment of their adequacy to meet the commands' assigned
missions and responsibilities; (2) how the commands, their
supporting military service component commands, theater special
operations commands, and assigned task forces are currently
organized and structured to ensure efficiency and avoid
duplication within and among the various organizations; (3)
what steps, if any, the Department has taken to reexamine the
size and structure of its GCCs and their subordinate
organizations in light of the new strategic guidance issued in
2012; (4) how the Department maximizes efficiencies across the
GCCs and the associated sub-unified numeric coded organizations
and the associated commander support organizations; and (5)
other matters the Comptroller General may deem appropriate.
Legislative Provisions Not Adopted
Sense of Congress regarding the counterdrug tethered aerostat radar
system program
The House bill contained a provision (sec. 1015) that
would express the sense of Congress regarding the counterdrug
tethered aerostat radar system (TARS) program.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the importance of TARS to the ongoing
efforts of the United States Government to combat illicit
trafficking in the U.S. Southern Command area of
responsibility.
Findings on detention pursuant to the Authorization for Use of Military
Force enacted in 2001
The House bill contained a provision (sec. 1031) that
would state congressional findings regarding principles of law
underlying detention pursuant to the Authorization for Use of
Military Force enacted in 2001.
The Senate amendment contained no similar provision.
The House recedes.
Findings regarding habeas corpus rights
The House bill contained a provision (sec. 1032) that
would state congressional findings regarding the writ of habeas
corpus and the constitutional limitation on the suspension of
the writ of habeas corpus.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on travel to the United States for certain detainees
repatriated to the Federated States of Micronesia, the Republic
of Palau, and the Republic of the Marshall Islands
The House bill contained a provision (sec. 1035) that
would prohibit any individual detained at the U.S. detention
facility at U.S. Naval Station, Guantanamo Bay, Cuba, and who
has been repatriated to the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau,
from being afforded the rights and benefits provided under
section 141 of the applicable Compact of Free Association
(Public Law 99-658; 108-188).
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that no Guantanamo detainees are or
would be eligible for the immigration benefits of section 141
of the Compacts of Free Association relating to the Republic of
Palau, the Federated States of Micronesia, and the Republic of
the Marshall Islands. These benefits are only afforded to
citizens, or their relatives, of Palau, Micronesia, or the
Marshall Islands, and Guantanamo detainees are not legally
eligible to attain naturalized citizenship.
Commitments for nuclear weapons stockpile modernization
The House bill contained a provision (sec. 1052) that
consists of a series of congressional findings on U.S. nuclear
weapons stockpile modernization.
The Senate amendment contained no similar provision.
The House recedes.
Chemistry and Metallurgy Research Replacement Nuclear Facility and
Uranium Processing Facility
The House bill contained a provision (sec. 1058) that
would require an annual certification by the President whether
the construction of the Chemistry and Metallurgy Research
Replacement Nuclear Facility and the Uranium Processing
Facility will be completed not later than 2021 and whether both
facilities will be fully operational by not later than 2024.
The section would further require that if the President is not
able to so certify, then no funds made available for fiscal
year 2012 or any year thereafter may be available to reduce the
non-deployed nuclear warheads of the United States until 120
days after the President is able to make the certification. The
section would include an exception for reductions necessary to
ensure the safety, security, reliability, and credibility of
the nuclear weapons stockpile.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on nuclear arsenal
The House bill contained a provision (sec. 1065) that
expressed the sense of Congress on nuclear force structure,
employment strategy, and posture.
The Senate amendment contained no similar provision.
The House recedes.
Assessment of Department of Defense use of electromagnetic spectrum
The House bill contained a provision (sec. 1066) that
requires a report to the congressional defense committees, the
Energy and Commerce Committee of the House of Representatives,
and the Commerce, Science, and Transportation Committee of the
Senate, not later than 270 days after the date of the enactment
of this Act assessing the Department of Defense's use of
electromagnetic spectrum.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that Department of Defense
planning for spectrum should be informed by the July 2012
report by the President's Council of Advisors on Science and
Technology (PCAST) titled: ``Realizing the Full Potential of
Government-Held Spectrum to Spur Economic Growth.'' Therefore,
the conferees direct the Secretary of Defense, in consultation
with the Director of National Intelligence, to submit a report
to the congressional defense committees, not later than 270
days after the date of enactment of this Act assessing the
implications of and the potential implementation challenges
posed by the recommendations made in the PCAST report. Specific
issues to be addressed should include sharing in the 1755-1850
MHz band, impacts associated with the report's recommendations
on general access in 3500-3650 MHz band, feasibility of dynamic
sharing, as well as examples of major modifications to
transmitter and receiver systems to permit such sharing. The
report should also recommend how field trials with non-federal
users to test spectrum sharing would be conducted and any
issues associated with such field trials.
Report on communications from Congress on status of military
construction projects
The House bill contained a provision (sec. 1069) that
would require the Secretary of Defense to submit a report to
Congress describing any letters from Congress that refer to or
request information on the status of a military construction
project in the future-years defense program.
The Senate amendment contained no similar provision.
The House recedes.
Report on manufacturing industry
The House bill contained a provision (sec. 1070)
requiring a report assessing the manufacturing industry of the
United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize the importance of the production
capacity of the United States as it relates to the defense
industrial base and to national security. The conferees also
recognize the importance of assessing the strengths and
vulnerabilities of the defense industrial base and the defense
supply chain and the need for a prioritized capability strategy
for the defense industrial base. The conferees note that these
issues are addressed elsewhere in this Act.
Report on long-term costs of Operation New Dawn, Operation Enduring
Freedom, and other contingency operations
The House bill contained a provision (sec. 1070B) that
would require the President, with contributions from the
Secretary of Defense, the Secretary of State, and the Secretary
of Veterans Affairs, to submit a report on the long-term costs
of Operation New Dawn and Operation Enduring Freedom.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on the use of funds for manufacturing beyond low-rate
initial production at certain prototype integration facilities
The House bill contained a provision (sec. 1073) that
would put a cap on the maximum number of units that could be
produced by an Army prototype integration facility.
The Senate amendment contained no similar provision.
The House recedes.
Authority of Corps of Engineers to construct projects critical to
navigation safety
The House bill contained a provision (sec. 1078) that
would authorize the Army Corps of Engineers to accept non-
Federal funds to construct certain navigation projects that
have not been specifically authorized by law.
The Senate amendment contained no similar provision.
The House recedes.
Review of Air National Guard Component Numbered Air Force Augmentation
Force
The House bill contained a provision (sec. 1079) that
would require the Secretary of the Air Force to review the
decision of the Secretary to cancel or consolidate the Air
National Guard Component Numbered Air Force Augmentation Force.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that the Air Force has taken
action to restore these missions in its most recent force
structure proposal for fiscal year 2013.
Notification of delayed reports
The House bill contained a provision (sec. 1082) that
would require the Department of Defense to formally notify the
congressional defense committees of any statutorily-required
report that will not be submitted by the date required under
law, and to provide an explanation for the delay.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that it is the practice of the
Department of Defense (DOD) to send an interim response to
appropriate congressional committees whenever it misses a
statutory deadline for a reporting requirement. The conferees
direct DOD to include in such interim responses an explanation
for the delay and an estimate of the date on which the report
will be submitted.
Prohibition on use of information against a United States citizen
gathered by unmanned aerial vehicle without a warrant
The House bill contained a provision (sec. 1084) that
would make information gathered by an unmanned aerial vehicle
of the Department of Defense (DOD) inadmissible against a
citizen of the United States in any U.S. court, unless the
information was obtained pursuant to a court order.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that information obtained by DOD
unmanned aerial vehicles is not exempt from existing
constitutional and statutory warrant requirements, where such
requirements are applicable.
The House of Representatives honors
The House bill contained a provision (sec. 1085) that
would encourage surviving Air Raid Wardens and other volunteers
of the United States Office of Civilian Defense during World
War II to record and permanently preserve stories of their
service for future generations.
The Senate amendment contained no similar provision.
The House recedes.
Cost of wars
The House bill contained a provision (sec. 1086) that
would direct the Secretary of Defense to post on the public Web
site of the Department of Defense the costs of the wars in
Afghanistan and Iraq.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Congressional Budget Office
(CBO) and the Congressional Research Service (CRS) have
published reports concerning the costs of the wars in
Afghanistan and Iraq. The conferees further note that CBO
reports are available to the public and CRS reports are
available to Members of Congress.
Trial of foreign terrorists
The House bill contained a provision (sec. 1088) that
would prohibit the trial of any foreign terrorist who is
subject to trial by military commission by any court or
tribunal other than a military commission.
The Senate amendment contained no similar provision.
The House recedes.
White Sands Missile Range and Fort Bliss
The Senate amendment contained a provision (sec. 1091)
that would provide for national security benefits for White
Sands Missile Range and Fort Bliss.
The House bill contained no similar provision.
The Senate recedes.
Consolidation of data centers
The House bill contained a provision (sec. 1092) that
would amend section 2867 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) to require annual
performance plans, that the performance plans be consistent
with a Government Accountability Office (GAO) report to
Congress on data center consolidation, and an annual report on
progress in achieving consolidation goals consistent with the
GAO report.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress regarding preservation of Second Amendment rights of
active duty military personnel stationed or residing in the
District of Columbia
The House bill contained a provision (sec. 1093) that
would express the sense of Congress that active duty military
personnel who are stationed in or residing in the District of
Columbia should be exempt from the District of Columbia's
restrictions on the possession of firearms.
The Senate amendment contained no similar provision.
The House recedes.
Conditional replacement for Fiscal Year 2013 sequester
The House bill contained a provision (sec. 1094) that
would conditionally eliminate sequestration of defense spending
in fiscal year 2013.
The Senate amendment contained no similar provision.
The House recedes.
Report on defense forensic data
The House bill contained a provision (sec. 1095) that
would authorize the Director of the Defense Forensic Office
within the Office of the Undersecretary of Defense for
Acquisition, Technology, and Logistics to evaluate
opportunities to increase the matching success rate when
forensic data is collected during site exploitation to match
forensic data stored in DNA databases.
The Senate amendment contained no similar provision.
The House recedes.
The conferees encourage the Secretary of Defense to
examine the legal, policy, social and technical implications of
improving DNA database matching capabilities with other U.S.
agencies, allies and key partner nations.
Improving United States foreign police assistance activities
The House bill contained a provision (sec. 1099) that
would require the President to submit to Congress the final
report of the National Security Council's Interagency Policy
Committee. The provision would also require the Secretary of
State and the Secretary of Defense to submit, within 180 days
of the date of enactment of this Act, a plan for instituting
mechanisms to improve coordination and information sharing
regarding U.S. foreign police assistance activities.
The Senate amendment contained no similar provision.
The House recedes. The conferees note that in June 2012,
the Secretary of State submitted to Congress the report
required by section 1235(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383) on
U.S. Government foreign police training and equipping programs.
As that report indicates, foreign police assistance activities
are being conducted across the U.S. Government, including the
Department of State, the Department of Defense, the U.S. Agency
for International Development, the Department of Justice, the
Department of Homeland Security, and the Department of the
Treasury. The conferees encourage the various departments and
agencies of the U.S. Government involved in foreign police
assistance activities to develop mechanisms for improving the
interagency coordination of these programs.
Sense of Congress regarding United States Northern Command preparedness
The House bill contained a provision (sec. 1099A) that
would state the sense of Congress regarding the preparedness of
the United States Northern Command.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that United States Northern Command
plays a vital role in providing defense support to civil
authorities, including support and capabilities to State and
local governments, for domestic disaster relief and consequence
management. The conferees urge United States Northern Command
to continue strengthening its relationships, planning, and
coordination with other federal, State, and local agencies to
enhance domestic response capabilities.
Limitation on military musical units
The House bill contained a provision (sec. 1099B) that
would limit appropriations for military musical units to
$200,000,000.
The Senate amendment contained no similar provision.
The House recedes.
Report on effects of budget sequestration on Department of Defense
The Senate amendment contained a provision (sec. 1004)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a detailed report on the impact on the
Department of Defense of the sequestration of funds for fiscal
year 2013, if triggered on January 2, 2013, under section 251A
of the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Sequestration Transparency
Act of 2012 (Public Law 112-155) required the President to
submit to the Congress a report on the sequestration that is
scheduled to be ordered on January 2, 2013. Pursuant to Public
Law 112-155, the Office of Management and Budget issued the
report on September 14, 2012.
Transfer of certain fiscal year 2012 and 2013 funds
The Senate amendment contained a provision (sec. 1006)
that would authorize the transfer, subject to action in an
appropriations Act, of $46.0 million from fiscal year 2012 or
2013 procurement or research, development, test and evaluation
accounts.
The House bill contained no similar provision.
The Senate recedes.
Modification of authority on training of special operations forces with
friendly foreign forces
The Senate amendment contained a provision (sec. 1042)
that would modify section 2011 of title 10, United States Code,
to state that the purposes of the Joint Combined Exchange
Training (JCET) authority are to support: (1) the training of
U.S. Special Operations Forces and (2) the training of the
armed forces and other security forces of a friendly foreign
country. Consistent with current practice, the modification
contained in the Senate amendment would also require the
Secretary of Defense to coordinate with the Secretary of State
prior to the initiation of any such training. Lastly, the
modification contained in the Senate amendment would authorize
unspecified minor military construction projects, up to
$250,000, that are in direct support of authorized training.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the JCET authority is an
effective tool for improving the language and cultural
expertise of U.S. Special Operations Forces while providing
opportunities to practice skills needed to conduct a variety of
missions, including foreign internal defense, unconventional
warfare, and counterterrorism. The conferees also recognize the
inherent benefit of JCET events in building the capacity of
foreign partners and enhancing U.S. influence in host
countries. The conferees note that the existing JCET authority
allows flexibility for U.S. Special Operations Forces to engage
with appropriate partner nation armed forces and other security
forces, including those that conduct border and maritime
security, internal defense and security, and counterterrorism
operations.
However, the conferees believe the Department has taken a
narrow interpretation of the JCET statutory authority stating
that the ``primary purpose'' of funding for JCET activities
``shall be to train the special operations forces of the
combatant command.'' This narrow interpretation has, in some
cases, limited the overall effectiveness of JCET events and the
efforts of the geographic combatant commanders to achieve
persistent, rather than episodic, engagement with high-priority
partner nation security forces. The conferees believe such
persistent engagements are consistent with the purposes of the
JCET authority.
The conferees are further concerned that a lack of
sufficient resources and the unavailability of regionally-
aligned U.S. Special Operations Forces due to high operational
tempo has led to less frequent and shorter duration engagements
with partner forces in key regions and countries, indirectly
weakening partnerships that could be used to identify, deter,
and mitigate national security threats. This lack of continual
on-the-ground experience has eroded regional, cultural, and
linguistic expertise once resident within certain special
operations units, inhibited the building of personal
relationships with host country personnel, and limited the
implicit training value of planning and deploying to remote
locations under arduous conditions.
The conferees direct the Assistant Secretary of Defense
for Special Operations and Low-Intensity Conflict, in
coordination with the Commander of U.S. Special Operations
Command, not later than March 1, 2013, to submit a report to
the Committees on Armed Services of the Senate and House of
Representatives describing any deficiencies or limitations of
the current JCET authority that negatively impact the
effectiveness of such engagements, including an assessment of
the utility of authorizing unspecified minor military
construction and other construction in support of JCET
activities.
Participation of veterans in the Transition Assistance Program of the
Department of Defense
The Senate amendment contained a provision (sec. 1044)
that would authorize veterans to participate in the Transition
Assistance Program (TAP) of the Department of Defense for 1
year following discharge or separation from the armed forces.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the revised TAP being implemented
pursuant to section 1144 of title 10, United States Code,
includes an enriched set of tools and connections to enhance
the transition for service members and to ensure that eligible
veterans retain access to the transition materials, information
and services.
The Department of Labor's (DOL) revised 3-day employment
workshop provides transitioning service members with updated
``career-readiness'' focused materials, information and
services. The mandatory employment workshop connects each
separating service member with nearly 3,000 DOL American Job
Centers (AJC) via the ``Gold Card'' certificate. The AJCs know
the community labor market where the separating service member
will live and provide the veteran with 6 months of priority
one-on-one employment services. These services provide veterans
with direct local labor market exposure, insight, and
personalized employment assistance that is more robust than
what is available in the DOL employment workshop for
transitioning service members.
Additionally, all separating service members are required
to participate in the revised Department of Veterans Affairs
(VA) benefits briefing and must register in the VA's eBenefits
portal before separation. The eBenefits portal permanently
connects service members to VA resources both prior to and
following separation from military service. This allows VA to
reach out to service members and veterans directly. Eligible
veterans are provided ongoing full online access to the same
benefits information and services provided to transitioning
service members while still on active duty.
Modification of the Ministry of Defense Advisor Program
The Senate amendment contained a provision (sec. 1045)
that would modify the Ministry of Defense Advisors Program,
established in section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81), to
permit the Secretary of Defense to assign civilian employees of
the Department of Defense as advisors to regional organizations
with defense or security components and international
organizations of which the United States is a member.
The House bill contained no similar provision.
The Senate recedes.
Report on program on return of rare earth phosphors from Department of
Defense fluorescent lighting waste to the domestic rare earth
supply chain
The Senate amendment contained a provision (sec. 1064)
that requires a cost-benefit analysis on the feasibility and
advisability of establishing a program within the Department of
Defense (DOD) to recapture fluorescent lighting waste.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees on the results
of a cost-benefit analysis and on recommendations concerning
the feasibility and advisability of establishing a program
within the DOD to recapture fluorescent lighting waste, and
making such waste available to entities that have the ability
to extract rare earth phosphors, reprocess and separate them in
an environmentally safe manner, and return them to the domestic
rare earth supply chain. The report should provide for the
disposal and mitigation of residual mercury and other hazardous
by-products of the recycling process and address concerns
regarding the potential export of heavy rare earth materials
from United States Government sources to non-allied nations.
This information may be incorporated into the report
required by the House report (H. Rept. 112-479) accompanying
the National Defense Authorization Act for Fiscal Year 2013
(H.R. 4310).
Study on Bradley Fighting Vehicle industrial base
The Senate amendment contained a provision (sec. 1066)
that would require the Secretary of the Army to conduct a study
on the Bradley Fighting Vehicle industrial base.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Army to submit
a report to the congressional defense committees by May 1,
2013, on the Bradley Fighting Vehicle industrial base. The
report should include, but not be limited to, an assessment of
the financial impact and risk of a production break for the
Bradley Fighting Vehicle, including the cost of shutdown
compared to the cost of continued production; and an assessment
of the industrial capability and capacity impact and risk of a
production break for the Bradley Fighting Vehicle, including
the loss of a specialized workforce and supplier base.
Report on simulated tactical flight training in a sustained gravity
environment
The Senate amendment contained a provision (sec. 1069A)
that would require a study of the implications of simulator-
based training for fighter aircraft in a sustained gravity
environment.
The House bill contained no similar provision. However,
the House report (H. Rept. 112-497) accompanying the National
Defense Authorization Act for Fiscal Year 2013 (H.R. 4310)
included direction for the Secretary of Defense to conduct a
study on the effectiveness of simulated tactical flight
training in a sustained gravity environment and to submit a
report to the congressional defense committees by December 31,
2013.
The Senate recedes.
The conferees understand the cost of operating high-
performance fighter aircraft continues to increase the overall
costs of the flying hour program. While the conferees support
the current level of funding of the flying hour program and the
invaluable experience provided, the conferees believe that
alternative methods to train and prepare pilots for combat
should be assessed. One such alternative has been an increased
reliance on simulator-based training platforms. Among the
emerging technologies available to simulate the dynamic forces
experienced during flight is a new class of centrifuge-based
flight simulators known as ``sustained-G tactical flight
trainers.'' These simulators combine centrifugation with high
fidelity cockpit modules to mimic the physiological stresses
and gravitational forces experienced during actual flight.
Therefore, the conferees direct the Secretary of Defense
to contract with a Federally Funded Research and Development
Center (FFRDC) to conduct a study on the effectiveness of
simulated tactical flight training in sustained gravity
environments. The Secretary should transmit the FFRDC report to
the congressional defense committees not later than June 30,
2014, together with any comments of the Secretary in light of
the report and such recommendations for legislative or
administrative action as the Secretary considers appropriate
regarding the use of simulated tactical flight training in a
sustained gravity environment. The study should assess the
impact on training effectiveness, cost, pilot and aircraft
readiness, and life-cycle efficiencies from simulator-based
training platforms on the modeled aircraft.
Report on Department of Defense support for United States diplomatic
security
The Senate amendment contained a provision (sec. 1069B)
that would require a report on Department of Defense support
for United States diplomatic security.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that congressional committees in the
House of Representative and Senate, as well as the State
Department's Accountability Review Board, are reviewing the
September 11, 2012, assault on the U.S. State Department's
temporary mission facility in Benghazi, Libya.
The conferees understand the Department of Defense (DOD)
is supporting the ongoing effort of the State Department's
Accountability Review Board, as well as the reviews by the
various congressional committees. Further, the conferees note
that the Secretary of Defense has indicated that DOD is working
with the Department of State to assess how the attack in
Benghazi, Libya, should inform planning for future DOD support
to diplomatic security and installations.
The conferees also note that DOD is conducting its own
internal review to determine whether force posture and other
contingency plans need to be adjusted. The Secretary of Defense
has indicated that he intends to brief the Committees on Armed
Services of the Senate and the House of Representatives on this
internal review. The conferees direct that the committees be
provided such a briefing promptly upon completion of the DOD
internal review.
Comptroller General of the United States report on Department of
Defense spending for conferences and conventions
The Senate amendment contained a provision (sec. 1069C)
that would require the Comptroller General of the United States
to report to the congressional defense committees on Department
of Defense (DOD) spending on conferences and conventions.
The House bill contained no similar provision.
The Senate recedes.
The conferees are aware that some conferences and
conventions provide unique training, readinesss, and
partnership capacity building opportunities for the DOD. These
conferences and conventions can provide specialized education
and unique training opportunities, and they often serve to
enhance cooperation and interoperability with allies and
partner nations. The conferees are also aware that some large
meetings, which could be categorized as conferences, are
necessary to support and enhance the DOD's role and performance
in interagency operations, such as natural disaster response or
consequence management, and to plan and prepare major training
exercises. However, the conferees are concerned that the DOD
may lack the capacity or fail to exercise sufficient oversight
of conferences and conventions and that it may not have
necessary mechanisms in place to prevent wasteful or excessive
spending in connection with those conferences and conventions.
The conferees expect the Department to establish appropriate
mechanisms to avoid unnecessary conferences and conventions and
wasteful or excessive spending.
Therefore, the conferees direct the Comptroller General
to review the DOD's oversight and management of conferences and
conventions and to report to the congressional defense
committees not later than 270 days after the date of the
enactment of this Act. The review shall assess, at a minimum,
historical levels of DOD spending for conferences and
conventions, whether the Department has reasonable controls
established for such spending, the efficacy of any new controls
on such spending implemented by the Department of Defense in
the last year, and whether those new controls have been
implemented in a manner that has led the Department to incur
unnecessary or excessive fees for the cancellation of
conferences or conventions. The review shall also assess those
controls and processes utilized by the DOD to ensure that the
Department's spending on conferences and conventions is
properly aligned with the strategy, plans, missions, goals, and
objectives of the Department. Finally, the report shall examine
whether certain events, such as planning sessions for major
training exercises, should be categorized as training or
readiness events, rather than as conferences.
Sense of the Senate on the maintenance by the United States of a triad
of strategic nuclear delivery systems
The Senate amendment contained a provision (sec. 1084)
that would state the sense of the Senate that the United States
should maintain a triad of strategic nuclear delivery systems
and the United States is committed its modernization.
The House Bill contained no similar provision.
The Senate recedes.
The conferees note that section 1043 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) requires the President to provide detailed information, in
the annual budget request submitted to the Congress, on funding
for modernization of the strategic nuclear delivery systems and
stockpile.
Transportation of individuals to and from facilities of Department of
Veterans Affairs
The Senate amendment contained a provision (sec. 1097)
that would authorize the Secretary of Veterans Affairs to
transport individuals to and from facilities of the Department
of Veterans Affairs in connection with rehabilitation,
examination, treatment, and care.
The House bill contained no similar provision.
The Senate recedes.
Improved enumeration of members of the armed forces in any tabulation
of total population by Secretary of Commerce
The Senate amendment contained a provision (sec. 1099A)
that would require the Secretary of Commerce to include service
members who are deployed abroad in the census tabulation for
the state of their permanent duty station or homeport.
The House bill contained no similar provision.
The Senate recedes.
Modernization of absentee ballot mail delivery system
The Senate amendment contained a provision (sec. 1099D)
that would express the sense of Congress that the Department of
Defense should partner with the United States Postal Service
(USPS) to modernize the USPS mail delivery system to address
problems with the delivery of absentee ballots.
The House bill contained no similar provision.
The Senate recedes.
The conferees encourage the Department of Defense to
continue efforts to ensure that military personnel are afforded
a timely opportunity to vote in state and federal elections.
Housing Assistance for Veterans
The Senate amendment contained a series of provisions
(sections 5001, 5002, and 5003) contained in Division E of the
bill that would establish a pilot program authorizing the
Secretary of Housing and Urban Development to make grants to
nonprofit organizations to rehabilitate and modify homes of
disabled and low-income veterans.
The House bill contained no similar provisions.
The Senate recedes.
Government Accountability Office Mandates Revision Act
The Senate amendment contained a subtitle (subtitle A of
title LIII, sections 5301-5302) that would repeal obsolete and
unneeded requirements for reviews and reports by the Government
Accountability Office.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that this matter will be
addressed as a freestanding bill.
Improper Payments Elimination and Recovery Improvement Act
The Senate amendment contained a subtitle (subtitle B of
title LIII, sections 5311-5317) that would address the issue of
improper payments by federal agencies.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that this matter will be
addressed as a freestanding bill.
Stolen Valor Act
The Senate amendment contained a provision (sections
5011-5014) that would establish the ``Stolen Valor Act of
2012'' by amending section 704 of title 18, United States Code,
to a make it a criminal offense for a person to knowingly,
falsely, and materially represent himself or herself to have
served in the armed forces or to have been awarded certain
military decorations, medals, or ribbons with intent to secure
a tangible benefit or personal gain.
The House bill contained no similar provision.
The Senate recedes.
Title XI--Civilian Personnel Matters
One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian
employees working overseas (sec. 1101)
The House bill contained a provision (sec. 1104) that
would authorize the head of an executive agency to waive
limitations on the aggregate of basic and premium pay payable
through calendar year 2013 to an employee who performs work in
an overseas location that is in the area of responsibility of
the Commander, United States Central Command (USCENTCOM), or a
location that was formerly in USCENTCOM but has been moved to
an area of responsibility of the Commander, United States
Africa Command, in support of a contingency operation or an
operation in response to a declared emergency. The amount
payable may not exceed the total annual compensation payable to
the Vice President under section 104 of title 3, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes.
Expansion of experimental personnel program for scientific and
technical personnel at the Defense Advanced Research Projects
Agency (sec. 1102)
The House bill contained a provision (sec. 1101) that
would amend section 1101(b)(1)(A) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261), as amended by section 1110 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81), to authorize the appointment of not more than 60 employees
to scientific and engineering positions in the Defense Advanced
Research Projects Agency (DARPA).
The Senate amendment contained a similar provision (sec.
1102). The Senate amendment would also require that the
provision shall not be construed as affecting any authorization
on the numbers of personnel that may be employed at DARPA
overall.
The House recedes.
Extension of authority to fill shortage category positions for certain
Federal acquisition positions for civilian agencies (sec. 1103)
The House bill contained a provision (sec. 1103) that
would extend to 2017 the direct hiring authority available for
civilian agency acquisition positions under section 1703 of
title 41, United States Code, and modify the authority.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend
the authority without modifying it.
One-year extension of discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in a
combat zone (sec. 1104)
The Senate amendment contained a provision (sec. 1103)
that would authorize temporary discretionary authority to
federal agencies to grant allowances, benefits, and gratuities
comparable to those provided to members of the foreign service
to an agency's civilian employees on official duty in a combat
zone. This authority would expire at the end of fiscal year
2014.
The House bill contained no similar provision.
The House recedes.
Policy on senior mentors (sec. 1105)
The House bill contained a provision (sec. 1105) that
would require the Department of Defense to notify the
congressional defense committees at least 60 days before
implementing any change to the policy regarding senior mentors
established in accordance with the requirements of section 1102
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383).
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to pay for the transport of family household pets for Federal
employees during certain evacuation operations (sec. 1106)
The House bill contained a provision (sec. 1102) that
would amend section 5725 of title 5, United States Code, to
authorize the transport at government expense of family
household pets of government employees during evacuations from
permanent stations in foreign locations.
The Senate amendment contained a similar provision (sec.
1101).
The Senate recedes.
Interagency personnel rotations (sec. 1107)
The House bill contained a provision (sec. 1111) that
would establish a new interagency personnel rotation system for
persons serving in national security positions across the
executive branch, to be managed by an interagency Committee on
National Security Personnel (CNSP).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would simplify
and streamline the provision, providing the CNSP with greater
flexibility in the implementation of the new program. The
provision would give the executive branch broad authority to
identify and define interagency communities of interest (ICI)
covered by the bill, to identify which agencies are included in
the program and which positions in each agency are within an
ICI, and to establish processes and procedures for carrying out
the program.
The provision would require that the interagency program
be carried out in at least two ICI during the first 4 years
after enactment, including an ICI for emergency management and
an ICI for stabilization and reconstruction. The conferees
understand that the emergency management ICI would encompass
components of federal agencies engaged in international
disaster relief, while the stabilization and reconstruction ICI
would encompass components of federal agencies assisting in
stabilization and reconstruction efforts in connection with
overseas contingency operations.
The conferees note that the provision would require the
CNSP to develop appropriate performance measures, reporting
requirements, and other accountability devices for the
evaluation of the program. In this regard, the conferees expect
the CNSP to establish mechanisms to gather information from
individuals completing rotational service under the program,
including views on the value of the experience, the value added
to the interagency process, the value provided to the home
agency, and any improvements that could be made to the program.
The conferees further note that the provision would
require the Comptroller General to review the implementation
and effectiveness of the interagency personnel rotation program
established pursuant to this section. The conferees will
carefully review the Comptroller General's findings and
recommendations to determine whether the program is working as
intended, and whether any revisions or adjustments may be
needed.
Legislative Provision Not Adopted
Federal Employees Retirement System age and retirement treatment for
certain retirees of the armed forces
The Senate amendment contained a provision (sec. 1104)
that would amend section 3307(e) of title 5, United States
Code, to increase the maximum age at which certain former
service members may be appointed to federal law enforcement
positions from age 37 to age 47.
The House bill contained no similar provision.
The Senate recedes.
Title XII--Matters Relating to Foreign Nations
Subtitle A--Assistance and Training
Modification and extension of authorities relating to program to build
the capacity of foreign military forces (sec. 1201)
The House bill contained a provision (sec. 1202) that
would modify the authority under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) for the Secretary of Defense, with the concurrence of the
Secretary of State, to conduct programs to build the capacity
of foreign military forces to conduct counterterrorism and
stability operations (the ``1206 authority''). The provision
would add small-scale military construction to the types of
assistance that could be provided under the 1206 authority
during fiscal year 2013. Small-scale military construction
would be limited to under $750,000 per program and no more than
$25.0 million in small-scale military construction could be
authorized during fiscal year 2013. The provision would also
authorize up to 20 percent of the amount authorized for fiscal
year 2013 to be obligated and expended for programs authorized
in fiscal year 2014, provided that the Secretary of Defense
notifies the specified congressional committees by September
30, 2013, of his decision to do so.
The Senate amendment contained a provision (sec. 1201)
that would extend the 1206 authority for 1 year through the end
of fiscal year 2014 and would amend the required elements of
the congressional notification of the initiation of a 1206
project to include additional information on the assistance
provided to the recipient country during the preceding 3 fiscal
years.
The Senate recedes with an amendment that would extend
the 1206 authority, including the annual sublimit on the amount
of funds that can be used for stability operations capacity-
building, through the end of fiscal year 2014. The amendment
would eliminate the authority to obligate and expend fiscal
year 2013 funds for programs authorized in fiscal year 2014,
but the conference provision would retain the authority to
provide 1206 assistance for small-scale military construction.
The amendment would also clarify the required elements of the
congressional notification required prior to the initiation of
a 1206 project.
Extension of authority for non-reciprocal exchanges of defense
personnel between the United States and foreign countries (sec.
1202)
The House bill contained a provision (sec. 1203) that
would extend for 3 fiscal years the authority for the
Department of Defense (DOD) to accept, on a non-reciprocal
basis, defense personnel of the defense ministry of an ally or
friendly foreign government.
The Senate amendment contained a similar provision (sec.
1202) that would extend the aforementioned authority for 5
fiscal years.
The Senate recedes with an amendment that would extend
the authority for 4 fiscal years.
The conferees urge the Department to continue its use of
this authority and to consider using it to enhance--consistent
with the Defense Strategic Guidance--our relationships with
partners and allies.
Authority to build the capacity of certain counterterrorism forces in
Yemen and East Africa (sec. 1203)
The Senate amendment contained a provision (sec. 1203)
that would authorize the Secretary of Defense, with the
concurrence of the Secretary of State, to provide training,
equipment, supplies, and minor military construction to: (1)
the Yemen Ministry of Interior (MOI) Counterterrorism Unit
(CTU); (2) the national military forces, counterterrorism
forces, and security agencies that serve a similar defense
function, and border security forces of Djibouti, Ethiopia, and
Kenya; and (3) the national military forces of nations
participating in the African Union Mission in Somalia. These
funds would be for the purpose of conducting counterterrorism
operations against al Qaeda in the Arabian Peninsula in Yemen,
and al Qaeda affiliates and al Shabaab in East Africa,
respectively. The provision would permit the Secretary of
Defense to expend not more than $75.0 million in support of the
Yemen MOI CTU and not more than $75.0 million in support of the
named forces conducting counterterrorism operations in East
Africa. The provision would require that any support pursuant
to this section must be provided in a manner that promotes the
observance of and respect for human rights and fundamental
freedom and for legitimate civilian authority in the country
receiving such assistance. The provision would expire when the
Global Security Contingency Fund achieves full operational
capability or September 30, 2014, whichever occurs earlier.
The House bill contained no similar provision.
The House recedes.
The conferees believe that the extension of this
authority should not detract from efforts to ensure the Global
Security Contingence Fund reaches full operational capability
in a timely manner.
Limitation on activities under State Partnership Program pending
compliance with certain program-related requirements (sec.
1204)
The Senate amendment contained a provision (sec. 1204)
that would prohibit the Secretary of Defense from obligating or
expending more than 50 percent of the funds available for
fiscal year 2013 for the State Partnership Program (SPP) until
the final regulations required pursuant to section 1210 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84) are completed and the necessary regulatory
adjustments have been finalized to ensure compliance of the
program with the Anti-Deficiency Act (Public Law 97-258).
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the Secretary of Defense from obligating or expending funds for
SPP after a date specified in this Act.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Authority to support operations and activities of the Office of
Security Cooperation in Iraq (sec. 1211)
The House bill contained a provision (sec. 1212) that
would authorize the use during fiscal year 2013 of up to $508.0
million in Department of Defense (DOD) funds under the
authority of section 1215 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) to support the
operations and activities of the Office of Security Cooperation
in Iraq (OSC-I). The provision would also authorize the use of
these funds to provide training and assistance to Iraqi
Ministry of Defense personnel. In addition, the provision would
require the Secretary of Defense to submit to the specified
congressional committees a detailed report relating to the OSC-
I.
The Senate amendment contained a provision (sec. 1212)
that would extend for fiscal year 2013 the authority of section
1215 of Public Law 112-81 for the Secretary of Defense to
support the operations and activities of the OSC-I and
authorize the use of up to $508.0 million in DOD funds for
these purposes.
The Senate recedes with a clarifying amendment that would
provide that during fiscal year 2013 the Secretary of Defense
may authorize the OSC-I to conduct non-operational training of
Iraqi Ministry of Defense and Counter Terrorism Service
personnel in an institutional environment to address capability
gaps and integrate certain processes within the Iraqi security
forces. The amendment would also clarify the reporting
requirement.
The conferees expect the Administration to act
deliberately to accelerate the transition of the OSC-I to a
normalized status comparable to Offices of Security Cooperation
in other countries, and that funding for the activities and
operations of the OSC-I will be transitioned from the DOD to
other sources.
Report on insider attacks in Afghanistan and their effect on the United
States transition strategy for Afghanistan (sec. 1212)
The House bill contained a provision (sec. 1214) that
would prohibit the Department of Defense from contracting or
otherwise employing private security contractors (PSCs) to
guard military facilities in Afghanistan where U.S. Armed
Forces personnel are garrisoned or housed or to provide
security for U.S. Armed Forces personnel in Afghanistan. The
provision would also prohibit contracting with the Afghan
Public Protection Force (APPF) to provide static security at
such military installations or facilities or personal security
for U.S. Armed Forces personnel. The provision would require
the use of the U.S. Armed Forces to provide such services
organically and the deployment of U.S. Armed Forces members in
sufficient numbers to ensure that such duties do not detract
from other missions in Afghanistan. The President would be
authorized to waive the requirements of this section if the
President makes specific certifications regarding the
capabilities of PSCs or the APPF. Finally, the House provision
would require quarterly reports by the Secretary of Defense to
the congressional defense committees on attacks on U.S. Armed
Forces carried out by members of the Afghan National Security
Forces, APPF, or PSCs, called ``insider attacks'', and efforts
to counter such attacks.
The Senate amendment contained a provision (sec. 1537)
that would require the Secretary of Defense to submit to
Congress a detailed report on insider attacks and the steps
being taken by the International Security Assistance Force and
the Government of Afghanistan to prevent and respond to this
threat.
The Senate recedes with an amendment that would express
the sense of Congress on insider attacks and require the
Secretary of Defense to submit to the congressional defense
committees a detailed report, and semi-annual updates to that
report, on insider attacks and the measures by the U.S.
Government and the Government of Afghanistan to address such
attacks and associated threats.
The conferees direct the Secretary of Defense to notify
the congressional defense committees promptly of any decision
by the commander of coalition forces in Afghanistan to suspend
or cease training, advising, or security assistance activities
with the Afghan National Security Forces due to an insider
attack. The notification should include an assessment of the
impact that the Secretary anticipates the temporary suspension
or cessation of training, advising, or security assistance
activities will have on efforts to transition the lead
responsibility for security to the Afghan National Security
Forces.
United States military support in Afghanistan (sec. 1213)
The House bill contained a provision (sec. 1216) that
would express the sense of Congress regarding the United States
mission in Afghanistan. The provision would also require the
President to notify the congressional defense committees prior
to any public announcement of a decision to reduce the number
of U.S. Armed Forces in Afghanistan below the levels of such
forces deployed to Afghanistan as of certain specified dates.
The Senate amendment contained a provision (sec. 1536)
that would require that not later than 30 days after the
President makes a decision to change the level of U.S. Armed
Forces in Afghanistan, the Chairman of the Joint Chiefs of
Staff, through the Secretary of Defense, must submit to the
congressional defense committees a detailed assessment of the
risk to the U.S. mission and interests in Afghanistan as the
change in troop levels is implemented.
The Senate recedes with an amendment that would require
the Secretary of Defense to notify the congressional defense
committees of any Presidential-level decision on changes to
U.S. troop levels in Afghanistan. The amendment would also
require that not later than 30 days after such a Presidential-
level decision, the Chairman of the Joint Chiefs of Staff,
through the Secretary of Defense, would be required to submit a
detailed assessment of the risk to the U.S. mission and
interests in Afghanistan associated with such a change in U.S.
troop levels, including the risk associated with the transition
of combat responsibilities to the Afghan Security Forces
following such a change in U.S. troop levels. The provision's
notification requirements would terminate on December 31, 2014.
Modification of report on progress toward security and stability in
Afghanistan (sec. 1214)
The House bill contained a provision (sec. 1218) that
would modify the reporting requirements under section 1230 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-81), as amended, relating to progress toward
security and stability in Afghanistan. The provision would
require additional detailed information relating to the
Afghanistan National Security Forces (ANSF), including measures
on literacy rates, recruitment, entry-level training, personnel
issues, professionalism, retention, logistics, and transition.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the additional reporting requirements relating to the ANSF. The
amendment would also require information on steps taken by the
United States, the International Security Assistance Force, and
the Government of Afghanistan in preparation for the Afghan
presidential elections in 2014, including to train a sufficient
number of ANSF personnel, including female ANSF members, and to
secure election workers, materials, and locations as may be
necessary to safely carry out the elections, including the
participation of women. Additionally, the amendment would
require information on the transition from partnership to
security force assistance activities as the ANSF increasingly
take the security lead in Afghanistan.
Independent assessment of the Afghan National Security Forces (sec.
1215)
The Senate amendment contained a provision (sec. 1219)
that would require the Secretary of Defense to provide for the
conduct of an independent assessment of the capability
requirements for the Afghan National Security Forces to provide
security for Afghanistan after 2014. At the Secretary's
discretion, the assessment would be conducted by either a
federally-funded research and development center or an
independent, non-governmental institute with relevant
expertise.
The House bill contained no similar provision.
The House recedes.
Extension and modification of logistical support for coalition forces
supporting certain United States military operations (sec.
1216)
The Senate amendment contained a provision (sec. 1217)
that would extend for 1 year the authority provided in section
1234 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 111-81), as amended, to provide logistical
support to coalition forces in Afghanistan.
The House bill contained no similar provision.
The House recedes.
Report on Afghanistan Peace and Reintegration Program (sec. 1217)
The Senate amendment contained a provision (sec. 1220)
that would require a report by the Secretary of Defense, in
consultation with the Secretary of State, on the Afghanistan
Peace and Reconciliation Program, which seeks to reintegrate
former insurgents into Afghan society.
The House bill contained no similar provision.
The House recedes.
One-year extension of authority to use funds for reintegration
activities in Afghanistan (sec. 1218)
The House bill contained a provision (sec. 1213) that
would amend section 1216 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383), as
amended, to extend the authority to use Department of Defense
funds to support reintegration activities in Afghanistan
through fiscal year 2013 and authorize the use of up to $35.0
million for these purposes.
The Senate amendment contained a similar provision (sec.
1213) that includes a sense of the Senate on the conflict-
induced displacement of Afghans.
The Senate recedes.
The conferees are concerned about the rise in the
displacement of Afghans due to the ongoing conflict in
Afghanistan and the corresponding increase in humanitarian
needs. The conferees encourage the Bureau of Population,
Refugees, and Migration of the Department of State and the
Special Representative for Afghanistan and Pakistan to jointly
develop a comprehensive strategy to address this rising
displacement and associated humanitarian requirements, which
should include an assessment of and a plan to enhance the
capacity of the Government of Afghanistan to address the
causes, and respond to the consequences, of forced displacement
within Afghanistan.
One-year extension and modification of authority for program to develop
and carry out infrastructure projects in Afghanistan (sec.
1219)
The Senate amendment contained a provision (sec. 1214)
that would authorize the use of up to $350.0 million during
fiscal year 2013 for the Afghanistan Infrastructure Program
(AIP) to develop and carry out infrastructure programs in
Afghanistan that support the counterinsurgency campaign.
Funding for the AIP is provided through the Afghanistan
Infrastructure Fund (AIF). The provision would also restrict
the availability of a portion of the AIF funds during fiscal
year 2013 until the Secretary of Defense submits a plan for the
use of AIF funds under the AIP.
The House bill contained no similar provision.
The House recedes.
Report on updates and modifications to campaign plan for Afghanistan
(sec. 1220)
The House bill contained a provision (sec. 1215) that
would repeal section 1226 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) and require the
Comptroller General to report to the congressional defense
committees on any substantial update or modification to the
campaign plan for Afghanistan.
The Senate amendment contained no similar provision.
The Senate recedes.
Commanders' Emergency Response Program in Afghanistan (sec. 1221)
The House bill contained a provision (sec. 1201) that
would amend section 1201 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81), to extend the
authority for the Commanders' Emergency Response Program (CERP)
in Afghanistan through fiscal year 2013.
The Senate amendment contained a similar provision (sec.
1211) that would extend the CERP authority through fiscal year
2013 and limit the amount of funds available for the program to
$200.0 million, which is a reduction of $200.0 million from the
budget request of $400.0 million.
The House recedes. The conferees note that during fiscal
year 2012, the amount of CERP funds obligated in Afghanistan
was less than $200.0 million. With the drawdown of U.S. troops
in Afghanistan, the conferees anticipate that CERP spending
will decrease accordingly.
Authority to transfer defense articles and provide defense services to
the military and security forces of Afghanistan (sec. 1222)
The Senate amendment contained a provision (sec. 1224)
that would authorize the transfer of defense articles being
drawn down in Afghanistan, and the provision of defense
services in connection with such transfers, to the military and
security forces of Afghanistan to restore and maintain internal
peace and security. The provision would also authorize the
transfer of such defense articles and such defense services to
the military and security forces of Yemen to support
counterterrorism operations and counter al Qaeda in the Arabian
Peninsula and to the military and security forces of Somalia
and other specified East African countries to support their
efforts to conduct counterterrorism and postconflict stability
operations in Somalia. The provision would authorize the
transfer of such nonexcess defense articles up to a limit of
$250.0 million in any fiscal year and would exempt during
fiscal years 2013 and 2014 the transfer of such excess defense
articles (EDA) to specified countries from counting against the
annual limitation on the aggregate value of EDA transferred
under section 516 of the Foreign Assistance Act of 1961 (Public
Law 87-195). The provision would also permit construction
equipment being drawn down from Afghanistan to be treated as
EDA under section 516 of Public Law 87-195. The authority to
transfer nonexcess defense articles under this section would
expire on December 31, 2014.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
authority to transfer nonexcess defense articles under this
section to transfers only to Afghanistan. The amendment would
also eliminate the provision allowing construction equipment
being withdrawn from Afghanistan to be treated as EDA under
section 516 of Public Law 87-195. The amendment would clarify
that any EDA transferred from the Department of Defense stocks
in Afghanistan, regardless of the recipient country, would be
exempt during fiscal years 2013 and 2014 from the annual
limitation on the aggregate value of EDA transferred under
section 516 of Public Law 87-195.
Report on efforts to promote the security of Afghan women and girls
during the security transition process (sec. 1223)
The Senate amendment contained a provision (sec. 1249)
that would require the Secretary of Defense, with the
concurrence of the Secretary of State, to submit to the
appropriate congressional committees a plan for promoting the
security of Afghan women during the security transition
process. The provision would also require reporting on
implementation of this plan as part of the report submitted
pursuant to sections 1230 and 1231 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181), as
amended.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of State jointly to
submit a report on U.S. Government efforts to promote the
security of Afghan women and girls during the security
transition process. The report would include a discussion of
efforts to monitor changes in women's security conditions in
areas undergoing transition, including indicators that are or
may be used to measure the security of women and girls during
the transition process. Examples of such indicators could
include: the mobility of women and girls; the participation of
women in local governing bodies; school attendance rates for
girls; and women's access to government services. The report
would also include discussions of efforts that may increase
gender awareness and responsiveness within the Afghan National
Army (ANA) and Afghan National Police (ANP), and of efforts to
increase the number of female personnel within the ANA and ANP.
The conferees encourage the Secretary of State, in
preparing the report required by this section, to consult with
the Administrator of the United States Agency for International
Development and the Department of State Coordinator for Global
Women's Issues.
Sense of Congress commending the Enduring Strategic Partnership
Agreement between the United States and Afghanistan (sec. 1224)
The Senate amendment contained a provision (sec. 1222)
that would express the sense of Congress commending the
Enduring Strategic Partnership Agreement between the United
States of America and the Islamic Republic of Afghanistan.
The House bill contained no similar provision.
The House recedes.
Consultations with Congress on a bilateral security agreement with
Afghanistan (sec. 1225)
The Senate amendment contained a provision (sec. 1223)
that would require, not later than 30 days prior to entering
into a Bilateral Security Agreement with Afghanistan, that the
President submit the agreement to the appropriate congressional
committees for review.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the President to consult periodically with the appropriate
congressional committees on the status of the negotiations of
the Bilateral Security Agreement. The amendment would also
require the President, prior to entering into any Bilateral
Security Agreement with Afghanistan, to make the text of the
agreement available to the appropriate congressional
committees.
The conferees note that the Enduring Strategic
Partnership Agreement between the United States of America and
the Islamic Republic of Afghanistan (ESPA), signed on May 1,
2012, establishes an enduring strategic partnership between the
two countries. The ESPA reaffirms the presence and operations
of U.S. Armed Forces in Afghanistan, and commits the United
States and Afghanistan to continue to foster close cooperation
concerning mutually-determined defense and security
arrangements. The conferees further note that the ESPA commits
the United States and Afghanistan to initiate negotiations of a
Bilateral Security Agreement, with the goal of concluding that
agreement within 1 year to supersede the existing U.S.-
Afghanistan Status of Forces agreements.
Completion of transition of United States combat and military and
security operations to the Government of Afghanistan (sec.
1226)
The Senate amendment contained a provision (sec. 1221)
that would express the sense of Congress regarding the
transition of security responsibility to the Government of
Afghanistan and the drawdown of U.S. troops from Afghanistan
through the end of 2014.
The House bill contained no similar provision.
The House recedes with a number of clarifying amendments,
including an amendment to the sense of Congress that the
recommendations of the International Security Assistance Force
Commander on the overall strategy in Afghanistan, including the
pace of the drawdown of U.S. troops, should be given serious
consideration.
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States
military operations (sec. 1227)
The House bill contained a provision (sec. 1211) that
would extend through fiscal year 2013 the authority under
section 1233 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), as amended, for the
Secretary of Defense to reimburse coalition nations for support
provided to U.S. military operations, and provide other
specified support to these nations. The provision would limit
the amount of fiscal year 2013 funds available to provide
reimbursements and other support under section 1233 of Public
Law 110-181 (known as ``Coalition Support Funds'') to no more
than $1.65 billion. The provision would also limit the portion
of Coalition Support Funds that may be provided to Pakistan to
no more than $650.0 million during fiscal year 2013. In
addition, the provision would restrict Coalition Support Fund
payments to Pakistan until the Secretary of Defense provides to
the congressional defense committees certain specified reports
and certifications regarding Pakistan and its cooperation in
counterterrorism efforts.
The Senate amendment contained a similar provision (sec.
1216) that would extend for fiscal year 2013 and modify the
authority to provide Coalition Support Funds. The provision
would authorize the availability of up to $1.75 billion during
fiscal year 2013 for these purposes. The provision would
prohibit any reimbursements to Pakistan for claims of support
provided during a period when the ground lines of supply
through Pakistan to Afghanistan were closed to the
transshipment of U.S. military equipment and supplies. The
provision would also require that, prior to any Coalition
Support Fund reimbursements to Pakistan during fiscal year
2013, the Secretary of Defense would have to make certain
certifications to the congressional defense committees
regarding Pakistan and its support to counterterrorism
operations. The Secretary would be authorized to waive the
certification requirements if the Secretary determines that
doing so is in the U.S. national security interest.
The House recedes with an amendment that would limit the
amount of fiscal year 2013 funds available for Coalition
Support Fund payments to $1.65 billion. The amendment would
also limit the portion of Coalition Support Funds that may be
paid to Pakistan to no more than $1.2 billion during fiscal
year 2013. The amendment would require the Secretary of
Defense, in consultation with the Secretary of State, to submit
a report to the congressional defense committees on the
provision of reimbursements and other support to Pakistan.
The conferees note that the amendment would retain the
certification requirement with regard to Coalition Support Fund
payments to Pakistan, with a number of clarifications to the
certification provisions. The amendment would also retain the
national security waiver applicable to the certification
requirement. Finally, the amendment would include the
prohibition on reimbursements to Pakistan for any claims
arising during a period when the ground lines of supply through
Pakistan to Afghanistan were closed.
Extension and modification of Pakistan Counterinsurgency Fund (sec.
1228)
The House bill contained a provision (sec. 1217) that
would extend through fiscal year 2013 the authority under
section 1224 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84), as most recently amended
by section 1220 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81), for the Pakistan
Counterinsurgency Fund (PCF). The provision would also amend
the reporting requirement under section 1220(b) of Public Law
112-81, to require, in any year in which funds would be made
available to the PCF, that the Secretary of Defense, with the
concurrence of the Secretary of State, must submit to the
appropriate congressional committees an update to the section
1220(b) report on a strategy for utilizing the PCF and the
metrics for measuring the progress of that strategy. The
provision would additionally restrict the availability of PCF
funds to no more than 10 percent of amounts appropriated or
transferred to the PCF until 30 days after the Secretary of
Defense submits to the appropriate congressional committees the
update to the section 1220(b) report.
The House bill also contained a provision (sec. 1219)
that would restrict the use of funds authorized to be
appropriated by this Act for the PCF until the Secretary of
Defense certifies to the appropriate congressional committees
that Pakistan is committed to and implementing a strategy to
counter improvised explosive devices (IEDs). The Secretary
would be authorized to waive the certification requirement if
the Secretary determines doing so is in the national security
interest of the United States.
The Senate amendment contained a provision (sec. 1215)
that would extend through fiscal year 2013 the PCF authority
under section 1220 of Public Law 111-84, as amended. The
provision would also extend for 1 year the limitations of
section 1220 of Public Law 112-81 that restrict the
availability of PCF funds to no more than 40 percent of amounts
available to the Fund during fiscal year 2013 until the
Secretary of Defense submits the section 1220(b) report.
The Senate recedes with an amendment that would extend
the PCF authority through fiscal year 2013 and extend for 1
year the limitations on the availability of PCF funds under
section 1220 of Public Law 112-81. In addition, the amendment
would require that before any of the funds authorized to be
appropriated for or transferred into the PCF may be used, the
Secretary of Defense must certify to the appropriate
congressional committees that: (1) Pakistan is demonstrating a
continuing commitment to and making significant efforts to
implement a counter-IED strategy, and (2) Pakistan is
cooperating with U.S. counterterrorism efforts, including by
not detaining, prosecuting or imprisoning Pakistani citizens as
a result of their cooperation with such efforts, including Dr.
Shakil Afridi, the doctor who assisted in efforts to track down
Osama bin Laden. Under the amendment the Secretary of Defense
would be authorized to waive the certification if the Secretary
determines that doing so is in the national security interest
of the United States.
Subtitle C--Matters Relating to Iran
Report on United States capabilities in relation to China, North Korea,
and Iran (sec. 1231)
The House bill contained a provision (sec. 1223) that
would amend section 1245 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) by
requiring an annex to the military power report on Iran in
which the Commander of U.S. Central Command would provide an
assessment of any gaps in intelligence, capabilities, capacity,
or authorities to counter Iranian threats to the interest of
the United States in the region.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Chairman of the Joint Chiefs of Staff, in consultation with
the appropriate geographic and functional combatant commanders,
to submit a report regarding U.S. capabilities relative to the
People's Republic of China, the Democratic People's Republic of
Korea, and the Republic of Iran. The conferees note that this
report shall reflect the full and complete assessments of the
commanders of the geographic and functional combatant commands.
Report on military capabilities of Gulf Cooperation Council members
(sec. 1232)
The House bill contained a provision (sec. 1225) that
would direct the Secretary of Defense, in consultation with the
Secretary of State, to develop a plan to enhance the military
capabilities of certain allies in the Middle East to bolster
the posture of such allies in relation to the threat posed by
Iran.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense, in consultation with the Secretary of
State, to evaluate gaps in the military capabilities of the
Gulf Cooperation Council (GCC) members and submit a report on
the findings of their evaluation to the appropriate
congressional committees.
The conferees note that the Department of Defense and
Department of State has undertaken a number of efforts to
further improve U.S.-GCC security cooperation and
interoperability. These ongoing efforts serve as the principal
security coordination mechanism between the United States and
the six GCC countries. The conferees note and endorse the
objectives of this ongoing dialogue as an effective way to
address common perceived threats, including the improvement of
GCC defense capabilities and interoperability; regional
security issues; counter-proliferation; counter-terrorism; and
critical infrastructure protection.
Sense of Congress with respect to Iran (sec. 1233)
The House bill contained a provision (sec. 1221) that
would express certain findings related to the threat
represented by the Islamic Republic of Iran to the United
States, the State of Israel, and Iran's neighbors. This
provision would further declare that it is the policy of the
United States to take all necessary measures, including
military action if required, to prevent Iran from threatening
the United States, its allies, or Iran's neighbors with a
nuclear weapon.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the findings and would make the provision an expression of the
sense of Congress, as well as insert the words ``be prepared
to''.
Rule of construction (sec. 1234)
The House bill contained a provision (sec. 1228) that
would state that nothing in this Act shall be construed as
authorizing the use of force against Iran.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle D--Iran Sanctions
Short title (sec. 1241)
The Senate amendment contained a provision (sec. 1261)
that would name the subtitle the ``Iran Freedom and Counter-
Proliferation Act of 2012.''
The House bill contained no similar provision.
The House recedes.
Definitions (sec. 1242)
The Senate amendment contained a provision (sec. 1262)
that would establish certain definitions for purposes of the
Iran Freedom and Counter-Proliferation Act of 2012.
The House bill contained no similar provision.
The House recedes with an amendment that would add the
Committees on Armed Services of the Senate and the House of
Representatives to the definition of ``Appropriate
Congressional Committees'' contained in this provision, as well
as a definition for the term ``good''--as defined by section 16
of the Export Administration Act of 1979 (50 U.S.C. App 2415).
Declaration of policy on human rights (sec. 1243)
The Senate amendment contained a provision (sec. 1263)
that would establish the policy of the United States with
respect to denying the Government of Iran the ability to
continue to oppress its people; supporting efforts of the
people of Iran to promote the establishment of their basic
freedoms; helping the Iranian people produce and access
information; and defeating attempts by the Government of Iran
to jam or obstruct international satellite broadcasts.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
declaration of policy to an expression of the sense of
Congress.
Imposition of sanctions with respect to the energy, shipping, and
shipbuilding sectors of Iran (sec. 1244)
The Senate amendment contained a provision (sec. 1264)
that would: (1) make a series of findings with respect to
Iran's energy, shipping, and shipbuilding sectors; (2)
designate entities that operate Iran's ports and entities in
its energy, shipping, and shipbuilding sectors as entities of
proliferation concern; and (3) block and prohibit, with limited
exceptions, all transactions in property in the United States
by any person that is associated with these sectors or that
provides support to those sectors or to any person on the list
of ``specially designated nationals and blocked persons'' (the
``SDN List'') with respect to Iran maintained by the Department
of the Treasury and sanction transactions with these sectors.
The provision would provide exceptions for: (1) petroleum
purchases from Iran pursuant to section 1245 of the National
Defense Authorization Act for 2012 (Public Law 112-81) (i.e.
countries with an exception for significantly reducing their
purchases from Iran); (2) certain financial transactions
involving institutions in those countries; (3) natural gas
purchases from Iran so long as the purchasing country holds the
payment for Iran in an account to be drawn on for permissible
trade; and (4) purchases of food, agricultural commodities,
medicine, medical devices, and humanitarian assistance. Also
included in the provision is an allowance for a Presidential
waiver if a determination is made that such waiver is vital to
the national security of the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
increase the number of days after enactment of this Act that
this provision would take effect to 180 days; (2) strike a
provision relating to the application of certain provisions of
the Iran Sanctions Act of 1996 (Public Law 104-172), as
amended; (3) increase to 180 days the period of time for which
a Presidential waiver is in effect; (4) insert an exception for
certain activities relating to the reconstruction of
Afghanistan--if the President determines such an exception is
in the national interest; and (5) make a number of technical
modifications.
The conferees note the exclusion of import sanctions in
this section would only pertain to the new authorities provided
in this subsection and would not affect the President's
authority under already existing law to employ such sanctions.
Imposition of sanctions with respect to the sale, supply, or transfer
of certain materials to or from Iran (sec. 1245)
The Senate amendment contained a provision (sec. 1265)
that would impose sanctions contained in the Iran Sanction Act
of 1996 (Public Law 104-172), as amended, including a ban on
opening correspondent accounts in the United States for banks
involved in the sale, supply, or transfer to Iran or for
facilitating or conducting such a transaction, involving
precious metal, graphite, raw or semi-finished metals,
metallurgical coal, and software for integrating industrial
processes in connection with Iran's energy, shipping, and ship-
building industries, or to Iranian persons on the SDN list. The
provision would allow for a Presidential waiver of sanctions
for interests vital to the national security of the United
States and also contains certain limited exceptions. Certain
related provisions elsewhere in this Act involve materials for
resale and barter.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
increase the number of days after enactment of this Act that
this provision would take effect to 180 days; (2) insert an
exception for non-designated Iranian financial institutions
that are not connected to Iran's weapons of mass destruction
program, its support for terrorism, or its abuses of human
rights; (3) increase to 180 days the period of time for which a
Presidential waiver is in effect; and (4) make a number of
technical and clarifying modifications.
The conferees note the exclusion of import sanctions in
this section would only pertain to the new authorities provided
in this subsection and would not affect the President's
authority under already existing law to employ such sanctions.
Imposition of sanctions with respect to the provision of underwriting
services or insurance or reinsurance for activities of persons
with respect to which sanctions have been imposed (sec. 1246)
The Senate amendment contained a provision (sec. 1266)
that would impose sanctions contained in the Iran Sanction Act
of 1996 (Public Law 104-172), as amended, on: (1) any insurance
or reinsurance provider or underwriter that knowingly provides
underwriting service, insurance, or reinsurance for activities
for which sanctions have been imposed under current law; (2) to
any person in the energy, shipping, or ship-building sector in
Iran; (3) transactions involving the materials covered in
section 1245; (4) any person designated on the SDN List in
connection with proliferation of weapons of mass destruction or
support for terrorism; and (5) any other person on the SDN
List, with certain limited exceptions. The provision would
provide waivers for transactions involving humanitarian goods,
a due diligence exception for underwriters, insurers, and
reinsurers, as well as a Presidential waiver for interests
vital to the national security of the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
increase the number of days after enactment of this Act that
this provision would take effect to 180 days; (2) strike
subsection (f)--the clause relating to the application of
certain provisions of the Iran Sanctions Act of 1996 (Public
Law 104-172), as amended; (3) increase to 180 days the period
of time for which a Presidential waiver is in effect; and (4)
make a number of technical and clarifying modifications.
The conferees note the exclusion of import sanctions in
this section would only pertain to the new authorities provided
in this subsection and would not affect the President's
authority under already existing law to employ such sanctions.
Imposition of sanctions with respect to foreign financial institutions
that facilitate financial transactions on behalf of specially
designated nationals (sec. 1247)
The Senate amendment contained a provision (sec. 1267)
that would prohibit the opening of or impose strict conditions
on the maintaining of a correspondent account or a payable-
through account in the United States by a foreign financial
institution that the President determines has knowingly
facilitated a significant financial transaction on behalf of
any Iranian person included on the SDN List. The provision
would provide exceptions for humanitarian transactions, certain
financial institutions, petroleum sales permitted under section
1245 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81), and certain natural gas sales. The
provision would also provide a Presidential waiver of sanctions
for interests vital to the national security of the United
States.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
increase the number of days after enactment of this Act that
this provision would take effect to 180 days; (2) increase to
180 days the period of time for which a Presidential waiver is
in effect; and (3) make a number of technical and clarifying
modifications.
Inclusion of the Islamic Republic of Iran Broadcasting on the list of
human rights abusers (sec. 1248)
The Senate amendment contained a provision (sec. 1268)
that would make a series of findings about the Islamic Republic
of Iran Broadcasting (IRIB) entity's contributions to the
infringement of individuals' human rights and would direct the
President to determine the same. The provision would also
designate and sanction the IRIB and the President of the IRIB,
Ezzatollah Zargami, on account of human rights violations.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
President to impose sanctions on IRIB, as well as its
President, Ezzatollah Zargami, under the Comprehensive Iran
Sanctions, Accountability, and Divestment Act (CISADA) of 2010
(Public Law 111-195; 22 U.S.C. 8511 et seq.); include them on
the SDN List and blocked persons maintained by the Office of
Foreign Asset Control; and incorporate appropriate
administrative provisions.
The conferees note the exclusion of import sanctions in
this section would only pertain to the new authorities provided
in this subsection and would not affect the President's
authority under already existing law to employ such sanctions.
Imposition of sanctions with respect to persons engaged in the
diversion of goods intended for the people of Iran (sec. 1249)
The Senate amendment contained a provision (sec. 1269)
that would amend Title I of Public Law 111-195 by inserting a
new subsection that would direct the President to impose
sanctions on individuals determined to have engaged in
corruption or other activities relating to the diversion of
goods intended for the people of Iran or the misappropriation
of proceeds from the sale or resale of such goods. The
provision would also require the names of individuals
identified under this subsection to be made available to the
public and posted on the Internet websites of the Department of
the Treasury and the Department of State. The provision would
also include a number of relevant clerical amendments to Public
Law 111-195.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees note the exclusion of import sanctions in
this section would only pertain to the new authorities provided
in this subsection and would not affect the President's
authority under already existing law to employ such sanctions.
Waiver requirement related to exceptional circumstances preventing
significant reductions in crude oil purchases (sec. 1250)
The Senate amendment contained a provision (sec. 1270)
that would amend section 1245(d)(5)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) by
inserting an additional determination the President is required
to make when issuing a waiver of sanctions with respect to
petroleum transactions. Under the provision, the President
would also be required, prior to issuing a waiver of sanctions,
to certify that the country with primary jurisdiction over the
foreign financial institution otherwise subject to the
sanctions faced exceptional circumstances that prevented the
country from being able to significantly reduce its volume of
crude oil purchases.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Statute of limitations for civil actions regarding terrorist acts (sec.
1251)
The Senate amendment contained a provision (sec. 1271)
that would amend Section 2335 of title 18, United States Code,
and modify the statute of limitations for civil action
regarding terrorist acts to 10 years.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
effective date of the provision.
Report on use of certain Iranian seaports by foreign vessels and use of
foreign airports by sanctioned Iranian air carriers (sec. 1252)
The Senate amendment contained a provision (sec. 1272)
that would direct the President to submit to the appropriate
congressional committees a report that contains: (1) a list of
vessels that have entered seaports in Iran controlled by the
Tidewater Middle East Company and the owners and operators of
those vessels; and (2) a list of all airports at which aircraft
owned or controlled by an Iranian air carrier on which
sanctions have been imposed have landed.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
the reporting requirement under this subsection after a certain
number of reports, as well as add the words ``large or
otherwise significant'' to focus collection resources on
vessels of concern.
Implementation; penalties (sec. 1253)
The Senate amendment contained a provision (sec. 1273)
that would provide the President with the authority, consistent
with the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), to implement this subtitle and establish certain
penalties for a person that commits an unlawful act under this
subtitle.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
for the application of certain sections of the Iran Sanctions
Act of 1996 (Public Law 104-172), as amended.
Applicability to certain natural gas projects (sec. 1254)
The Senate amendment contained a provision (sec. 1274)
that would establish that nothing in this subtitle shall apply
with respect to any activity described in subsection (a) of
section 603 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (Public Law 112-158; 22 U.S.C. 8783) to which the
exception under that section applies at the time of the
activity.
The House bill contained no similar provision.
The House recedes.
Rule of construction (sec. 1255)
The Senate amendment contained a provision (sec. 1275)
that would establish a rule of construction with respect to
this subtitle that nothing shall be construed to limit
sanctions imposed with respect to Iran under any other
provision of law or to limit the authority of the President to
impose additional sanctions with respect to Iran.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Satellites and Related Items
Authority to remove satellites and related components and technology
from the United States Munitions List (secs. 1261-1267)
The House bill contained a provision (subtitle E, sec.
1241) that would grant authority to the President, after making
certain determinations, to remove commercial satellites and
related components and technology from the United States
Munitions List (USML), consistent with the requirements to
notify and consult with Congress under section 38(f) of the
Arms Export Control Act (22 U.S.C. 2778) regarding the removal
of any defense item from the USML. The House provision would
also prohibit the export of commercial satellites and related
components and technology to the People's Republic of China,
North Korea, currently named state sponsors of terrorism, and
other countries on which there are regulatory arms export
restrictions.
The House bill also contained a provision (sec. 1242)
that require a quarterly report from the President on licenses
and other authorizations for such items subsequently listed on
the Commerce Control List (CCL).
The House bill also contained a provision (sec. 1243)
that amends section 38(f) of the Arms Export Control Act to
modify the information to be provided in connection with
notifications when the President seeks to move items from the
USML.
The House bill also contained a provision (sec. 1244)
that require a report on the extent to which the CCL has
exemptions from country-wide licensing requirements.
The House bill also contained a provision (sec. 1245)
that provide for end-use monitoring for certain CCL items and
required a report.
The House bill also contained a provision (sec. 1246)
that require that all relevant departments concur to any future
changes to Category XV of the USML (relating to spacecraft
systems and associated equipment) and require an annual report
on the reviews conducted in readying such concurrence.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would strike
section 1241(a) of the House bill and replace it with a repeal
of section 1513(a) of Subtitle B of Title XV of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261). The effect of this repeal would be
that the satellites and related items that were on the CCL on
the date of the enactment of Public Law 105-261 and,
thereafter, were transferred to the USML pursuant to section
1513(a) and controlled under the Arms Export Control Act, may
be transferred back to the CCL, subject to certain
determinations. The conferees note that this repeal would not
change the regulatory structure and obligations that currently
apply for existing licenses or submitted applications under the
authority of the International Traffic in Arms Regulations
((ITAR), 22 C.F.R. part 120 et seq.). The conferees believe
further regulatory action, subject to the conditions set out in
this provision, will have to be taken to change such structure
and obligations. The conferees note that nothing in the
conference agreement would obviate the requirement to submit to
Congress the report required under section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)) for any item removed
from the USML as a result of the enactment of the conference
agreement.
The amendment would further amend the prohibition in
section 1241(c) of the House bill on the export, transfer, re-
transfer, or re-export on commercial satellites and related
items to China, Cuba, Iran, North Korea, Sudan, Syria, or any
other country under a U.S. arms embargo pursuant to section
126.1 of the ITAR to comport with the repeal in subsection (a)
of the amendment, adding a Presidential waiver of the
prohibition to be consistent with other provisions of export
control law; and striking the ITAR 126.1 prohibition and
replacing it with a presumption of denial of any such export to
a country with respect to which the United States maintains a
comprehensive arms embargo. The amendment would also provide
for a reporting requirement to certain congressional committees
regarding efforts by certain countries to illicitly obtain
satellites and related items. The conferees expect the Director
of National Intelligence to ensure protection of sources and
methods in preparing such report.
The conferees note that this amendment would explicitly
state that the prohibition applies to all such satellites and
items subject to the Export Administration Regulations, whether
or not specifically enumerated on the CCL. The conferees note
that in ongoing compliance matters concerning the re-transfer
of U.S. technology to China, certain such items had been
designated by the Department of Commerce as EAR-99. The
conferees do not intend for this provision to affect ongoing
compliance matters, which the conferees expect will be pursued
with all available diligence. Thus, the amendment would also
specify that no items transferred as a result of the enactment
of this Act may be launched in China, North Korea, or a
designated state sponsor of terrorism, or as part of a launch
vehicle owned, operated, or manufactured by any such
government, or persons or entities acting on their behalf. The
amendment would permit, however, the President to waive these
particular prohibitions on a case-by-case basis, with advance
notice to Congress. The conferees note that the President is
already permitted to waive similar restrictions on exports of
USML items to China, and for satellites and related items to
China for launch, on launch vehicles owned by China that are
contained in section 902 of the Foreign Relations Authorization
Act of Fiscal Years 1990 and 1991 (Public Law 101-246), which
would be intentionally unchanged by this provision. Section
1515 of Public Law 105-261, which will remain in force,
requires that each time the President seeks to waive those
restrictions on the export to China of any satellite of United
States origin or related items, the President must accompany
the required report with a detailed justification setting forth
numerous justifications related to the export, including why
the proposed launch is in the national security interest of the
United States and what the impact of the proposed export will
be on employment in the United States. The conferees stress
that this amendment would intentionally leave those matters
unchanged. The conferees also note that the aforementioned
waiver for exporting satellites and related items has not been
used since the late 1990s, owing to concerns about Chinese
missile and other proliferation activities and human rights
violations. The conferees find it difficult to envision a
scenario under current circumstances in which a President would
utilize the waiver authority that would be provided in the
amendment.
The amendment would also modify the requirements of the
report from the President on licenses and other authorizations
for satellites and related items subsequently listed on the
CCL.
Furthermore, the amendment would largely retain, but
modify, reporting requirements on country exemptions for
licensing of certain satellites and related items and end-use
monitoring.
The amendment would require that all relevant agencies
review regulations proposing changes to Category XV of the
USML. This provision would ensure that all relevant agencies
cooperate in making determinations regarding the level of
control to be accorded to space technology. The conferees
believe special concern is warranted because in the past,
certain items related to satellites were treated as EAR99
items, meaning no license was required and therefore no
substantive ability to deny re-exports of such items existed.
The amendment would also add a rule of construction to
make clear that, notwithstanding the repeal of section 1513(a),
the remaining provisions of Subtitle B of title XV of Public
Law 105-261, which apply to ``satellites and related items''
without reference to such items' regulatory coverage under the
USML or the CCL, continue to apply to satellites and related
items subject to the Export Administration Regulations. The
conferees expect that notifications required to be provided by
the Department of Commerce pursuant to section 1514(a)(7) of
Public Law 105-261 for satellites and related items made
subject to the jurisdiction of the Export Administration
Regulations as a result of this amendment would be made prior
to the issuance of any such license. The conferees note that
nothing in this Act shall be construed as removing or limiting
existing authorities of the President under Public Law 105-261
with respect to defense articles and defense services that
remain subject to the jurisdiction of the ITAR or to otherwise
take such actions as are necessary to implement requirements
for improving national security controls in the export
licensing of satellites, launch vehicles, and related items.
Subtitle F--Other Matters
Additional elements in annual report on military and security
developments involving the People's Republic of China (sec.
1271)
The House bill contained a provision (sec. 1231) that
would modify the elements required to be included in the annual
report on the military and security developments involving the
People's Republic of China and would also require a combatant
commander's assessment of gaps in capabilities.
The Senate amendment contained a similar provision (sec.
1232).
The Senate recedes with an amendment that modifies some
of the elements required to be included in future reports. The
amendment would also remove the requirement for a combatant
commander assessment and consolidate the requirement for an
assessment into another section of this Act for fiscal year
2013, as part of a broader report from the Chairman of the
Joint Chiefs of Staff regarding gaps in capabilities.
NATO Special Operations Headquarters (sec. 1272)
The House bill contained a provision (sec. 1234) that
would extend through fiscal year 2013 the authority contained
in section 1244 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84), as amended, for the
Secretary of Defense to provide up to $50.0 million per year to
support the operations of the North Atlantic Treaty
Organization (NATO) Special Operations Headquarters (NSHQ). The
House provision would also prohibit the Secretary from
obligating or expending more than 50 percent of the funds
available for fiscal year 2013 until 30 days after the
Secretary finalizes and formalizes the United States Special
Operations Command as the lead component with executive agent
responsibilities for the NSHQ.
The Senate amendment contained a provision (sec. 342)
that would make permanent the authority of the Secretary to
provide up to $50.0 million in any fiscal year to support the
operations of the NSHQ. The Senate provision would also require
an annual report describing the activities of the NSHQ and
summarizing the support provided to the NSHQ by the U.S. and
other NATO member countries.
The Senate recedes with an amendment that would extend
through fiscal year 2015 the authority of the Secretary to
provide up to $50.0 million per year to support the operations
of the NSHQ and require an annual report describing the
activities of the NSHQ and summarizing the support provided to
the NSHQ by the U.S. and other NATO member countries.
The conferees continue to see great value in the ability
of the NSHQ to enhance the capabilities and interoperability of
NATO Special Operations Forces consistent with the purposes
specified in section 1244 of Public Law 111-84. The conferees
also believe the extension of this authority through fiscal
year 2015 will enable continued support of the NSHQ through a
critical period as responsibility for security in Afghanistan
transitions from the International Security Assistance Force to
the Afghan National Security Forces by the end of 2014. Lastly,
the conferees believe, barring an exceptional and compelling
justification, that additional modifications to this authority
should not be necessary prior to fiscal year 2015 and look
forward to considering a request from the Secretary for
continued U.S. support to the NSHQ at the appropriate time.
Sustainability requirements for certain capital projects in connection
with overseas contingency operations (sec. 1273)
The Senate amendment contained a provision (sec. 1245)
that would establish requirements for future overseas
contingency operations that the Department of Defense (DOD),
the Department of State (DOS) and the United States Agency for
International Development (USAID) conduct detailed assessments
of the necessity and sustainability of capital projects above
certain specified cost thresholds prior to carrying out any
such project. The Secretary of Defense, the Secretary of State,
or the Administrator of USAID, as applicable, would be
authorized to waive the limitations of this section to initiate
a project if the determination is made that doing so is in U.S.
national security, diplomatic, or humanitarian interests, but a
sustainability assessment would still have to be conducted
subsequently. The provision would also require detailed, semi-
annual reporting on each capital project subject to this
section.
The House bill contained a provision (sec. 1239) that
would require that, for certain specified infrastructure
projects, the head of a federal department or agency
responsible for carrying out the project must submit to
Congress, not later than 60 days prior to the project's
commencement, a plan for carrying out and sustaining the
project. Projects covered by this provision would be
infrastructure projects in a foreign country for which the
United States is contributing not less than $1.0 million from
funds available for overseas contingency operations.
The House recedes with a technical amendment.
Administration of the American, British, Canadian, and Australian
Armies' Program (sec. 1274)
The Senate amendment contained a provision (sec. 1241)
that would authorize the Secretary of Defense to enter into
cost-sharing agreements with the countries participating in the
American, British, Canadian, and Australian (ABCA) Armies'
Program. The provision would allow the Department of Defense to
accept contributions from the other participating countries to
pay their equitable share of the costs associated with the ABCA
Armies' Program. The authority provided under this provision
would sunset after 5 years.
The House bill contained no similar provision.
The House recedes with a technical amendment.
United States participation in Headquarters Eurocorps (sec. 1275)
The Senate amendment contained a provision (sec. 1242)
that would authorize the participation of members of the armed
forces as members of the staff of Headquarters Eurocorps to
support the North Atlantic Treaty Organization activities of
that corps. U.S. participation on the staff would be limited to
2 service members until the Secretary of Defense submits a
report to the Committees on Armed Services of the Senate and
the House of Representatives on the plans, benefits, and costs
of such participation.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to notify the Committees on Armed
Services of the Senate and the House of Representatives if the
number of members of the armed forces participating on the
staff of the Headquarters Eurocorps will exceed 10 members.
Department of Defense participation in European program on multilateral
exchange of air transportation and air refueling services (sec.
1276)
The Senate amendment contained a provision (sec. 1243)
that would allow the Secretary of Defense, with the concurrence
of the Secretary of State, to authorize U.S. participation in
the Air Transport, Air-to-Air Refueling and other Exchanges of
Services (ATARES) program of the Movement Coordination Centre
Europe. The program would allow for the exchange or transfer of
air transportation and air refueling services among ATARES
program participants.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Prohibition on use of funds to enter into contracts or agreements with
Rosoboronexport (sec. 1277)
The House bill contained a provision (sec. 802) that
would require that any U.S.-funded contract to procure
helicopters for the Afghan Security Forces must be awarded
using competitive procedures. The provision would also prohibit
the Secretary of Defense from awarding a contract, directly or
indirectly, to any entity controlled, directed, or influenced
by: (1) a country that has provided weapons to Syria after the
enactment of the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (Public Law 108-175); or (2) any
country that is a state sponsor of terrorism. The Secretary of
Defense would be authorized to waive the requirements of the
provision if the Secretary determines that doing so is in the
U.S. national security interests.
The Senate amendment contained a provision (sec. 1050)
that would prohibit the use of funds authorized to be
appropriated by this Act to enter into a contract or provide a
loan to the Russian state corporation, Rosoboronexport. The
provision would allow the Secretary of Defense to waive this
prohibition if in the U.S. national security interests.
The House recedes with a technical amendment.
Sense of Congress on Iron Dome short-range rocket defense system (sec.
1278)
The Senate amendment contained a provision (sec. 1250)
that would express the sense of Congress in support of the
Israeli Iron Dome short-range rocket defense system.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Bilateral defense trade relationship with India (sec. 1279)
The Senate amendment contained a provision (sec. 1252)
that would require the Secretary of Defense to report on
certain elements of the United States defense trade
relationship with India and would require a comprehensive
review of the feasibility of co-production and co-development
of defense projects with India.
The House bill contained no similar provision.
The House recedes with an amendment that would require
coordination with the Secretary of State and would modify
certain elements of the report.
The conferees believe that the bilateral defense trade
relationship with India is important to both countries and that
the United States government must work to advance that
relationship in a variety of areas. In particular, the
conferees urge the Secretary of Defense, the Secretary of State
and other relevant United States officials to take the
following actions:
(1) review all United States-India bilateral working
groups dealing with high technology transfers, including
technology security and licensing for dual-use and munitions
licenses to determine the feasibility of establishing a single
United States working group dedicated to strategic and
technology trade;
(2) engage counterparts in the Government of India in a
dialogue on the current challenges related to compatibility of
the Foreign Military Sales and direct commercial sale programs
with the Indian Defense Procurement Procedure;
(3) engage counterparts in the Government of India in a
dialogue about elements of an effective defense industrial
base, including personnel training, quality assurance, and
manufacturing procedures;
(4) consider the establishment of orientation programs
for new Indian defense officials to learn about procedures for
United States defense sales; and
(5) continue and deepen ongoing efforts to assist the
Government of India in developing defense acquisition expertise
by assisting with the development of training institutions and
human capital.
United States Advisory Commission on Public Diplomacy (sec. 1280)
The Senate amendment contained a provision (sec. 5023)
that would reauthorize and modify the responsibilities of the
United Sates Advisory Commission on Public Diplomacy through
fiscal year 2014.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
underlying provision to reauthorize the United States Advisory
Commission on Public Diplomacy through fiscal year 2015, as
well as additional technical and clarifying modifications.
Sense of Congress on sale of aircraft to Taiwan (sec. 1281)
The House bill contained a provision (sec. 1240) that
would require the President to sell F-16C/D aircraft to Taiwan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the requirement for the sale of F-16C/D aircraft but express
the sense of Congress that the President should take steps to
address Taiwan's shortfall in fighter aircraft.
The conferees note that in an unclassified assessment
dated January 21, 2010, and provided to the congressional
defense committees by the Department of Defense pursuant to a
requirement in the conference report (Conf. Rept. 111-288)
accompanying the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84), the Defense Intelligence Agency
stated, among other things, that although Taiwan had almost 400
combat aircraft, far fewer were operationally capable, and that
Taiwan's F-5 fighters have reached the end of their operational
service life. The conferees note further that the
administration acknowledged, in a widely-circulated letter
dated April 27, 2012, that Taiwan is experiencing a growing
shortfall in fighter aircraft, even with the F-16 A/B upgrades
made available to Taiwan in September 2011. Despite this
shortfall, however, the conferees are not aware of any plan by
the administration to address Taiwan's fighter aircraft needs,
whether through the sale of F-16C/D or otherwise. Accordingly,
the conferees direct the Secretary of Defense, in coordination
with the Secretary of State, to ensure that a briefing is
prepared and made available to the congressional defense
committees and other interested committees, not later than
April 15, 2013, that explains the administration's plan for
meeting the statutory requirements of the Taiwan Relations Act
(Public Law 96-8) regarding ensuring that Taiwan air forces can
contribute appropriately to the defense of Taiwan.
Briefings on dialogue between the United States and the Russian
Federation on nuclear arms, missile defense, and long-range
conventional strike systems (sec. 1282)
The Senate amendment contained a provision (sec. 1074)
that would require the executive branch to provide briefings,
not less than twice per year, to the Senate Foreign Relations
Committee and the Senate Armed Services Committee on the
dialogue between the United States and the Russian Federation
on issues related to limits or controls on nuclear arms,
missile defense systems, or long-range conventional strike
systems. The provision would also express the sense of the
Senate that certain agreements may be made only pursuant to the
treaty-making power of the President.
The House bill contained no similar provision.
The House recedes with an amendment that would add a rule
of construction to clarify that nothing in the provision shall
be construed to be inconsistent with or to interfere with the
practices, precedents, or oversight of the House of
Representatives.
Sense of Congress on efforts to remove or apprehend Joseph Kony from
battlefield and end the atrocities of the Lord's Resistance
Army (sec. 1283)
The Senate amendment contained a provision (sec. 1246)
that would express the sense of the Senate on ongoing U.S.
military efforts to support the apprehension or removal of
Joseph Kony and his top commanders from the battlefield and end
atrocities perpetrated by his Lord's Resistance Army (LRA).
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
provision to make it a sense of Congress and make other
technical modifications.
The conferees note that the President notified Congress
in October 2011 of Operation Observant Compass (OOC), an
operation to support the efforts of Ugandan and other regional
militaries to remove Joseph Kony and other senior leaders of
the LRA from the battlefield in Central Africa, and his
decision to send approximately 100 U.S. Special Operations
Forces Personnel to Central Africa help regional partners
achieve these goals.
The conferees support U.S. Africa Command's (AFRICOM)
ongoing operation in Central Africa to advise and assist
regional partners and will continue to resource these efforts
in order to ensure the mission achieves its stated objectives.
The conferees note that this Act would provide an
additional $50.0 million to enhance the intelligence,
surveillance, and reconnaissance (ISR) support to AFRICOM's
OOC. While the conferees intend for a majority portion of these
additional funds to be used to improve ISR collection
capabilities, the conferees recognize the importance of
improving other aspects of ISR support to OOC. The conferees
believe the ``find'' portion of the ``find-fix-finish''
intelligence cycle requires focused interagency and multi-
disciplinary approaches to develop an intelligence strategy
tied to operations on the ground to successfully locate Kony
and other top LRA commanders. As such, the conferees support
the use of a portion of these additional funds to improve other
aspects of ISR support to OOC, including intelligence
exploitation, analysis, dissemination, and sharing.
Additionally, the conferees expect that the Deputy Under
Secretary of Defense for Warfighter Support and Director of the
ISR Task Force, in coordination with the Director for Emerging
Capabilities and Technology Investments will manage this ISR
initiative, in support of AFRICOM. The conferees believe the
ISR Task Force has provided critical support to operations in
the U.S. Central Command area of responsibility in recent years
and believe that support to OOC is an opportunity for the ISR
Operations and Global Support Directorate of the Deputy Under
Secretary of Defense for Warfighter Support to demonstrate
similar capabilities in support of another combatant commands
with unmet ISR requirements.
Lastly, the conferees expect to receive frequent updates
on the allocation of funds authorized and appropriated for ISR
support to OOC and the role these additional capabilities will
play in an integrated intelligence strategy.
Imposition of sanctions with respect to support for the rebel group
known as M23 (sec. 1284)
The Senate amendment contained a provision (sec. 1247)
that would impose sanctions with respect to persons that
provide significant financial, material, or technical support
to the rebel group known as M23 operating in the Democratic
Republic of the Congo.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
subsection (g) to include the Committees on Armed Services of
the Senate and the House of Representatives in the definition
of the appropriate congressional committees, make technical
modifications and modify the sanctions termination clause.
The exclusion of import sanctions in this section
pertains only to the new authorities provided in this
subsection and does not affect the President's authority under
already existing law to employ such sanctions.
Pilot program on repair, overhaul, and refurbishment of defense
articles for sale or transfer to eligible foreign countries and
entities (sec. 1285)
The Senate amendment contained a provision (sec. 1248)
that would authorize the Secretary of Defense to establish a
pilot program to repair, overhaul, or refurbish in-stock
defense articles in anticipation of their sale or transfer to
eligible foreign countries or international organizations. The
provision would also authorize the establishment of a fund,
called the Special Defense Repair Fund, to support the program.
The provision would limit the total amount in the Fund at any
time to not more than $50.0 million.
The House bill contained no similar provision.
The House recedes with technical and clarifying
amendments.
The conferees expect the Department of Defense to keep
the Committees on Armed Services of the Senate and the House of
Representatives apprised as the fund is established and the
program is implemented.
Sense of Congress on the situation in the Senkaku Islands (sec. 1286)
The Senate amendment contained a provision (sec. 1251)
that would express the sense of the Senate regarding the
situation in the Senkaku Islands.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the Senate provision as a sense of Congress.
Subtitle G--Reports
Review and reports on Department of Defense efforts to build the
capacity of and partner with foreign security forces (sec.
1291)
The Senate amendment contained a provision (sec. 1231)
that would require the Defense Policy Board to assess
Department of Defense (DOD) efforts to build the capacity of,
and partner with, foreign security forces in support of U.S.
national security and defense strategies. The provision would
require the Secretary of Defense to report to the congressional
defense committees on the results of the Defense Policy Board
review. The provision would also require that the Secretary of
Defense, taking into account the recommendations of the Defense
Policy Board review, to report to the congressional defense
committees on the Department's strategic guidance for its
efforts to build the capacity of, and partner with, foreign
military forces in support of U.S. national security and
defense strategies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Additional report on military and security developments involving the
Democratic People's Republic of Korea (sec. 1292)
The House bill contained a provision (sec. 1232) that
would require an additional report on the military and security
developments involving the Democratic People's Republic of
Korea and would also require a combatant commander's assessment
of gaps in capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that removes the
requirement for a combatant commander assessment and
consolidates the requirement for an assessment into another
section of this Act, as part of a broader report from the
Chairman of the Joint Chiefs of Staff regarding gaps in
capabilities.
Report on host nation support for overseas United States military
installations and United States Armed Forces deployed in
country (sec. 1293)
The House bill contained a provision (sec. 1233) that
would require the Secretary of Defense, in consultation with
the Secretary of State, to submit a report to the appropriate
congressional committees not later than March 1 of each year
from 2013 through 2015, on the direct, indirect, and burden
sharing contributions made by host nations in support of U.S.
Armed Forces deployed in country.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on military activities to deny or significantly degrade the use
of air power against civilian and opposition groups in Syria
(sec. 1294)
The Senate amendment contained a provision (sec. 1235)
that would require a report on military activities to deny or
significantly degrade the use of air power against civilian and
opposition groups in Syria.
The House bill contained no similar provision.
The House recedes.
Report on military assistance provided by Russia to Syria (sec. 1295)
The House bill contained a provision (sec. 1303) that
would limit Cooperative Threat Reduction funding to Russia
until the Secretary of Defense, in coordination with the
Secretary of State, certifies to the congressional defense
committees that Russia is not providing direct or indirect
support to the Syrian government to suppress the Syrian people
and that Russia is not providing equipment and technology to
Syria, Iran, or North Korea that have the potential to make a
material contribution to the development of weapons of mass
destruction or cruise or ballistic missile systems controlled
under multilateral control lists.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report, not later than 90 days after the date of enactment of
this Act, by the Secretary of Defense, in coordination with the
Secretary of State, on military assistance provided by the
Russian Federation to Syria. The report would also include the
types of direct or indirect military support and a description
and analysis of Russia's military interest presence in Syria.
The conferees note that a report on Cooperative Threat
Reduction efforts with Russia is required elsewhere in this
Act.
Legislative Provisions Not Adopted
Codification of National Guard State Partnership Program
The House bill contained a provision (sec. 335) that
would codify the National Guard Bureau's (NGB) State
Partnership Program (SPP).
The Senate amendment contained no similar provision.
The House recedes.
Strategy for supporting the achievement of a secure presidential
election in Afghanistan in 2014
The Senate amendment contained a provision (sec. 1218)
that would require the Secretary of Defense, in consultation
with the Secretary of State, to develop a strategy for
supporting the Government of Afghanistan in its efforts to
provide for the security of the 2014 Afghan presidential
elections.
The House bill contained no similar provision.
The Senate recedes. The conferees note that a separate
provision of this Act amends the reporting requirements under
section 1230 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) to require detailed
information on preparations to provide security for the Afghan
presidential elections in 2014, including efforts to train a
sufficient number of female members of the Afghan National
Security Forces and to provide security for polling places and
election personnel as necessary to safely carry out the
elections, including the participation of women.
Limitation on use of funds under the Pakistan Counterinsurgency Fund
The House bill contained a provision (sec. 1219) that
would restrict the use of funds authorized to be appropriated
by this Act for the Pakistan Counterinsurgency Fund (PCF) until
the Secretary of Defense certifies to the appropriate
congressional committees that Pakistan is committed to and
implementing a strategy to counter improvised explosive devices
(IEDs), including attacking IED networks, monitoring precursors
used in IEDs, and developing regulations for the manufacture of
certain materials, including calcium ammonium nitrate, and
their supply to legitimate end users. The Secretary would be
authorized to waive the certification requirement if the
Secretary determines doing so is in the national security
interest of the United States.
The Senate amendment contained no similar provision.
The House recedes. The conferees note that the
restrictions contained in this provision of the House bill are
included in another provision of this title that extends and
modifies the authority for the PCF for fiscal year 2013.
United States military preparedness in the Middle East
The House bill contained a provision (sec. 1222) that
would recognize the importance of conducting military exercises
and maintaining a high-level state of readiness in the Middle
East to the national security of the United States and its
allies. The provision would also require the Secretary of
Defense to submit to the congressional defense committees a
plan to strengthen the presence of the United States Armed
Forces in the Middle East.
The Senate amendment contained no similar provision.
The House recedes.
The conferees encourage the Secretary of Defense to
continue to ensure that a full range of options for various
contingencies in the region are available to the President.
Additionally, the conferees note that the last update
received on these matters was in 2011, in conjunction with the
quarterly readiness report required by section 482 of title 10,
United States Code (10 U.S.C. 482), in which the Secretary of
Defense provided information on the overall readiness of U.S.
Armed Forces in the U.S. Central Command (CENTCOM) area of
responsibility to counter threats from Iran. As such, the
conferees direct the Secretary of Defense to ensure that the
next report required under 10 U.S.C. 482, includes a discussion
of the operational readiness, military exercises, and resource
requirements associated with CENTCOM's ability to respond to a
full range of contingencies involving Iran, including its
threat to close the Strait of Hormuz.
Enhancing the defense of Israel and United States interests in the
Middle East
The House bill contained a provision (sec. 1224) that
would express the sense of Congress about the need for the
United States to take certain measures to assist in the defense
of Israel and require a series of reports regarding Israel's
qualitative military edge, as well as a report on efforts to
expand cooperation between the United States and Israel.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that President Barack Obama signed
into law the United States-Israel Enhanced Security Cooperation
Act (Public Law 112-150) on July 27, 2012. This public law
incorporated the underlying reporting requirements in the House
provision. The conferees support strongly the United States-
Israel Enhanced Security Cooperation Act.
Plan to increase strategic regional partnerships
The House bill contained a provision (sec. 1226) that
would direct the Secretary of Defense to develop a plan to
increase strategic partnerships and access agreements with
regional allies in the Middle East and Caucuses.
The Senate amendment contained no similar provision.
The House recedes.
Definitions
The House bill contained a provision (sec. 1227) that
would provide definitions for a number of other provisions in
subtitle C of title 12 of this Act.
The Senate amendment contained no similar provision.
The House recedes.
Report on the implementation by the Government of Bahrain of the
recommendations by the Bahrain Independent Commission of
Inquiry
The Senate amendment contained a provision (sec. 1233)
that would require a report by the Secretary of State on the
implementation by the Government of Bahrain of the
recommendations contained in the Bahrain Independent Commission
of Inquiry.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of State, no later
than 180 days after enactment of this Act, to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives a report on the implementation by the
Government of Bahrain of the recommendations contained in the
Report of the Bahrain Independent Commission of Inquiry. The
report required shall include: (1) a description of the
specific steps taken by the Government of Bahrain to implement
each of the 26 recommendations contained in the Report of the
Bahrain Independent Commission of Inquiry; (2) an assessment of
whether each recommendation has been fully complied with by the
Government of Bahrain; and (3) an assessment of the impact of
the findings of the Report of the Bahrain Independent
Commission of Inquiry on progress toward democracy and respect
for human rights in Bahrain.
The conferees support the longstanding partnership
between the U.S. and the Kingdom of Bahrain and note that the
Naval Support Activity-Bahrain is a valuable strategic asset
for the U.S. and a key component of continued mutually
beneficial U.S.-Bahrain strategic cooperation.
Reports on Syria
The Senate amendment contained a provision (sec. 1234)
that would require a series of reports on matters relating to
Syria.
The House bill contained no similar provision.
The Senate recedes.
Not later than 90 days after enactment of this Act, the
conferees direct the Secretary of Defense, Secretary of State,
and Director of National Intelligence to provide a report that
leverages existing intelligence products to the Committees on
Armed Services of the Senate and the House of Representatives,
the Committee on Foreign Affairs of the House of
Representatives, the Permanent Select Committee on Intelligence
of the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Select Committee on
Intelligence of the Senate, an updated assessment on: (1) the
opposition groups in Syria; (2) the Government of Syria's
weapons stockpiles; and (3) current activities to provide
assistance to Syria's political opposition.
Reports on exports of missile defense technology to certain countries
The House bill contained a provision (sec. 1235) that
would require the Secretary of Defense to submit reports to
Congress on the types of assistance provided by the Department
of Defense to countries that export certain space and missile-
related technologies, and a description of such exports to
other countries with certain space and missile-related
programs.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on funds to provide the Russian Federation with access to
missile defense technology
The House bill contained a provision (sec. 1236) that
would prohibit the availability of funds from being used to
provide classified ballistic missile defense technology and
data of the United States to the Russian Federation. The
provision would also limit the availability of funds to provide
other ballistic missile technology and data of the United
States to the Russian Federation unless the President meets
certain reporting requirements.
The Senate amendment contained a related provision (sec.
233) that would state it is the sense of Congress that it is in
the national security interests of the United States to pursue
efforts at missile defense cooperation with Russia that would
enhance security, including the sharing of classified United
States missile defense information.
The conference agreement does not include either of these
provisions.
Limitation on assistance to provide tear gas or other riot control
items
The House bill contained a provision (sec. 1238) that
would prohibit funds authorized to be appropriated by this Act
to be used to provide tear gas or other riot control items to
the government of a country undergoing a transition to
democracy in the Middle East or North Africa unless the
Secretary of Defense certifies to certain congressional
committees that the security forces of such governments are not
using excessive force to repress peaceful, lawful, and
organized dissent.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that such items are typically
purchased via direct commercial sale, not with funds from the
Department of Defense, and that the Secretary of State has
prevented the sale and transfer of such items in certain cases.
Limitation on funds for United States participation in joint military
exercises with Egypt
The House bill contained a provision (sec. 1240c) that
would prohibit funds authorized to be appropriated by this Act
from being made available for United States participation in
joint military exercises with Egypt if the Government of Egypt
terminates or withdraws from the 1979 Israeli-Egypt peace
treaty.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on funds for institutions or organizations established by
the United Nations Convention on the Law of the Sea
The House bill contained a provision (sec. 1240A) that
would limit the use of funds for institutions or organizations
established by the United Nations Convention on the Law of the
Sea.
The Senate amendment contained no similar provision.
The House recedes.
Removal of Brigade Combat Teams from Europe
The House bill contained a provision (sec. 1240B) that
would authorize and request the President to end the permanent
basing of United States Armed Forces on the territory of North
Atlantic Treaty Organization (NATO) members nations in Europe
and return the four Brigade Combat Teams currently stationed in
Europe to the United States. The provision would also establish
as U.S. policy that the deployment of armed forces on a
rotational basis in Europe is a force structure arrangement
sufficient to satisfy U.S. commitments under the North Atlantic
Treaty, to address the current security environment, and
contribute to peace and stability in Europe.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that there are significant advantages
that come from European-based U.S. troops, including the
opportunity to train regularly with ally and partner forces at
U.S. training centers in Europe. The conferees further note,
however, that the global strategic and U.S. fiscal environments
require that the President and Congress carefully examine all
overseas basing, including that in Europe, to determine what is
the most effective overseas force posture for our national
security at the lowest possible cost. The conferees therefore
encourage the President and the Department of Defense to
continue to look closely at the advantages and disadvantages
associated with the forward deployment of U.S. troops in Europe
and elsewhere. The conferees finally note that the President
already has the authority to relocate U.S. forces based in
Europe, making the authority that would be provided by the
proposed section unnecessary.
Authority to establish program to provide assistance to foreign
civilians for harm incident to combat operations of the Armed
Forces in foreign countries
The Senate amendment contained a provision (sec. 1244)
that would authorize the Secretary of Defense to establish a
program under which military commanders would be able, at their
discretion, to provide assistance to foreign civilians who are
harmed incident to U.S. combat operations abroad. Any
assistance provided under the program would be ex gratia and
would not be considered an acknowledgement of any legal
obligation to provide compensation.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that our military commanders have a
number of authorities available to provide assistance to
civilians who suffer harm in a combat zone. These include:
The Foreign Claims Act (FCA), which authorizes the
payment of claims in connection with noncombat activities of
U.S. military forces outside the United States. The FCA does
not authorize compensation for losses resulting directly or
indirectly from combat activities.
Solatia payments under section 2242 of title 10,
United States Code, which authorizes payments to a victim or
victim's family to express sympathy for an injury or loss
suffered, when such payments are consistent with the local
custom. These payments are not claims payments and are not
based on any acceptance of legal liability by the United
States.
Commanders' Emergency Response Program (CERP),
which commanders in Iraq and Afghanistan have used to make ex
gratia condolence or battle damage payments for harm caused by
U.S. or coalition forces. Payments under CERP are provided as
sympathy payments or to provide humanitarian relief to the
victim or the victim's family.
These authorities have contributed greatly to promoting
goodwill with the local populace in combat zones. The conferees
direct the Secretary of Defense to ensure that the operational
plans for future contingency operations include, as
appropriate, guidance on the authorities for and utilization of
assistance to foreign civilians that are harmed incident to
U.S. combat operations overseas.
Title XIV--Other Authorizations
Subtitle A--Military Programs
Working capital funds (sec. 1401)
The House bill contained a provision (sec. 1401)
authorizing appropriations for fiscal year 2013 for the use of
the Armed Forces and agencies of the Department of Defense for
working capital and revolving funds, as specified in the
funding table in section 4501.
The Senate amendment contained an identical provision
(sec. 1401).
The conference agreement includes this provision.
National Defense Sealift Fund (sec. 1402)
The House bill contained a provision (sec. 1402)
authorizing appropriations for fiscal year 2013 for the
National Defense Sealift Fund, as specified in the funding
table in section 4501.
The Senate amendment contained a similar provision (sec.
1402).
The House recedes.
Chemical Agents and Munitions Destruction, Defense (sec. 1403)
The House bill contained a provision (sec. 1403)
authorizing appropriations for fiscal year 2013 for the
Department of Defense for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in
section 4501.
The Senate amendment contained an identical provision
(sec. 1404).
The conference agreement includes this provision.
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1404)
The House bill contained a provision (sec. 1404)
authorizing appropriations for fiscal year 2013 for the
Department of Defense for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
The Senate amendment contained an identical provision
(sec. 1405).
The conference agreement includes this provision.
Defense Inspector General (sec. 1405)
The House bill contained a provision (sec. 1405)
authorizing appropriations for fiscal year 2013 for the
Department of Defense for the Office of the Inspector General,
as specified in the funding table in section 4501.
The Senate amendment contained an identical provision
(sec. 1406).
The conference agreement includes this provision.
Defense Health Program (sec. 1406)
The House bill contained a provision (sec. 1406)
authorizing appropriations for fiscal year 2013 for the Defense
Health Program, as specified in the funding table in section
4501.
The Senate amendment contained a similar provision (sec.
1403).
The Senate recedes.
Subtitle B--National Defense Stockpile
Authorized uses of National Defense Stockpile funds (sec. 1411)
The House bill contained a provision (sec. 1411) that
would authorize funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h).
The Senate amendment contained no similar provision.
The Senate recedes.
Additional security of strategic materials supply chains (sec. 1412)
The House bill contained a provision (sec. 1412) that
would amend section 2(b) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98a) to include language
taking into account single points of failure.
The Senate amendment contained no similar provision.
The Senate recedes.
Release of materials needed for national defense purposes from the
Strategic and Critical Materials Stockpile (sec. 1413)
The Senate amendment contained a provision (sec. 1411),
as requested by the Department of Defense, that would authorize
the President to delegate release authority of the National
Defense Stockpile to the Undersecretary of Defense for
Acquisition, Technology, and Logistics.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Chemical Demilitarization Matters
Supplemental chemical agent and munitions destruction technologies at
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot,
Kentucky (sec. 1421)
The Senate amendment contained a provision (sec. 1421)
that would authorize the Secretary of Defense to consider using
technologies, including explosive destruction technologies, to
supplement the neutralization and destruction of the stockpile
of lethal chemical agents and munitions at Pueblo Chemical
Depot, Colorado, and Blue Grass Army Depot, Kentucky.
The House bill contained no similar provision.
The House recedes with an amendment that would include
reporting requirements for the use of supplemental destruction
technologies at Pueblo and Blue Grass.
Subtitle D--Other Matters
Reduction of unobligated balances within the Pentagon Reservation
Maintenance Revolving Fund (sec. 1431)
The House bill contained a provision (sec. 1421) that
would recommend a transfer of $26.0 million in unobligated
balances contained in the Pentagon Reservation Maintenance
Revolving Fund to the Treasury of the United States.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
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. 1432)
The House bill contained a provision (sec. 1422) that
would authorize the Secretary of Defense to transfer $139.2
million from the Defense Health Program to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund created by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84) for the operations of the Captain James A. Lovell Federal
Health Care Center.
The Senate amendment contained no similar provision.
The Senate recedes.
Authorization of appropriations for Armed Forces Retirement Home (sec.
1433)
The House bill contained a provision (sec. 1423) that
would authorize $67.6 million to be appropriated for fiscal
year 2013 from the Armed Forces Retirement Home Trust Fund for
the operation of the Armed Forces Retirement Home.
The Senate amendment contained an identical provision
(sec. 1431).
The conference agreement includes this provision.
Cemeterial expenses (sec. 1434)
The House bill contained a provision (sec. 1407) that
would authorize appropriations for the Army Cemeterial Expenses
for Arlington National Cemetery, Virginia, at the level
identified in section 4501 of division B.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The budget requested funds in the Army's military
construction account and operations and maintenance accounts
for expansion at Arlington National Cemetery (ANC). The
conferees note that the Army's military construction account
has historically not been used to authorize construction at
ANC, and the conferees believes changing this precedent would
not be in the best interest of ANC.
The conferees believe this funding is appropriately
contained in the Cemeterial Expenses account and have therefore
removed it from the military construction and operation and
maintenance tables. This movement of funds should in no way be
taken as a lack of support for expansion at ANC.
The conferees anticipate the appropriations committees of
the Senate and the House of Representatives will move funding
from the Army's military construction and operation and
maintenance accounts to Cemeterial Expenses consistent with the
authorization contained in this Act.
Additional Weapons of Mass Destruction Civil Support Teams (sec. 1435)
The House bill contained a provision (sec. 1087) that
would amend section 1043 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314) to
authorize an additional two Weapons of Mass Destruction Civil
Support Teams (WMD-CSTs) beyond the 55 previously authorized.
The Senate amendment contained a similar provision (sec.
1432).
The House recedes with an amendment that would require
the Secretary of Defense to provide notice to the congressional
defense committees at least 90 days prior to disestablishing
any of the 57 WMD-CSTs authorized by the provision.
Legislative Provision Not Adopted
Policy of the United States with respect to a domestic supply of
critical and essential minerals
The Senate amendment contained a provision (sec. 1433)
that would establish a policy to promote the development of an
adequate, reliable, and stable supply of critical and essential
minerals in the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the requirement for the inclusion
of essential minerals was added into the modified strategy for
the National Security Strategy for National Technology and
Industrial Base section 2501 of title 10, United States Code.
Title XV--Authorization of Additional Appropriations for Overseas
Contingency Operations
Subtitle A--Authorization of Additional Appropriations
Purpose (sec. 1501)
The House bill contained a provision (sec. 1501) stating
the purpose of the title.
The Senate amendment contained an identical provision
(sec. 1501).
The conference agreement includes this provision.
Procurement (sec. 1502)
The House bill contained a provision (sec. 1502)
authorizing additional appropriations for fiscal year 2013 for
procurement accounts for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified
in the funding table in section 4102.
The Senate amendment contained an identical provision
(sec. 1502).
The conference agreement includes this provision.
Research, development, test, and evaluation (sec. 1503)
The House bill contained a provision (sec. 1503)
authorizing additional appropriations for fiscal year 2013 for
the Department of Defense for research, development, test, and
evaluation, as specified in the funding table in section 4202.
The Senate amendment contained an identical provision
(sec. 1503).
The conference agreement includes this provision.
Operation and maintenance (sec. 1504)
The House bill contained a provision (sec. 1504)
authorizing additional appropriations for fiscal year 2013 for
the use of the Armed Forces and other agencies of the
Department of Defense for operation and maintenance, as
specified in the funding table in section 4302.
The Senate amendment contained an identical provision
(sec. 1504).
The conference agreement includes this provision.
Military personnel (sec. 1505)
The House bill contained a provision (sec. 1505)
authorizing additional appropriations for fiscal year 2013 for
the use of the Armed Forces and other agencies of the
Department of Defense for military personnel, as specified in
the funding table in section 4402.
The Senate amendment contained an identical provision
(sec. 1505).
The conference agreement includes this provision.
Working capital funds (sec. 1506)
The House bill contained a provision (sec. 1506)
authorizing additional appropriations for fiscal year 2013 for
the use of the Armed Forces and other agencies of the
Department of Defense for working capital and revolving funds,
as specified in the funding table in section 4502.
The Senate amendment contained an identical provision
(sec. 1506).
The conference agreement includes this provision.
Defense Health Program (sec. 1507)
The House bill contained a provision (sec. 1507)
authorizing additional appropriations for fiscal year 2013 for
the use of the Armed Forces and other agencies of the
Department of Defense for the Defense Health Program, as
specified in the funding table in section 4502.
The Senate amendment contained an identical provision
(sec. 1507).
The conference agreement includes this provision.
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1508)
The House bill contained a provision (sec. 1508)
authorizing additional appropriations for fiscal year 2013 for
the Department of Defense for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
The Senate amendment contained an identical provision
(sec. 1508).
The conference agreement includes this provision.
Defense Inspector General (sec. 1509)
The House bill contained a provision (sec. 1509)
authorizing additional appropriations for fiscal year 2013 for
the Department of Defense for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
The Senate amendment contained an identical provision
(sec. 1509).
The conference agreement includes this provision.
Subtitle B--Financial Matters
Treatment as additional authorizations (sec. 1521)
The House bill contained a provision (sec. 1521) stating
that the amounts authorized to be appropriated by this title
are in addition to amounts otherwise authorized to be
appropriated by this Act.
The Senate amendment contained an identical provision
(sec. 1521).
The conference agreement includes this provision.
Special transfer authority (sec. 1522)
The House bill contained a provision (sec. 1522) that
would provide the Department of Defense with $3.0 billion of
special transfer authority in fiscal year 2013.
The Senate amendment contained a similar provision (sec.
1522) that would provide the Department of Defense with $4.0
billion special transfer authority in fiscal year 2013.
The Senate recedes.
Subtitle C--Limitations and Other Matters
Afghanistan Security Forces Fund (sec. 1531)
The House bill contained a provision (sec. 1533) that
would extend through fiscal year 2013 the limitations under
section 1513 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), as amended, on the
availability of funds for the Afghanistan Security Forces Fund
(ASFF). The provision would prohibit the use of fiscal year
2013 ASFF funds to support the Afghan Public Protection Force
(APPF) until the Secretary of Defense makes a number of
specific certifications to the congressional defense committees
relating to the APPF, including with regard to the terms of the
contracts entered into by the Department of Defense for APPF
services; the level of support provided by the Afghan Ministry
of Interior for the APPF; the conditions for end-use monitoring
of APPF equipment; the mechanisms for controlling costs
associated with APPF services; and the adequacy of APPF
security for supply convoys. In addition, the provision would
require the Secretary of Defense to conduct quarterly
assessments of the APPF and report the results of those
assessments to the congressional defense committees.
The Senate amendment contained a provision (sec. 1531)
that would extend for fiscal year 2013 the requirement that
funds available for the ASFF be subject to the conditions
specified in section 1513 of Public Law 110-181, as amended.
The provision would also explicitly authorize the use of ASFF
funds during fiscal year 2013 to increase the capacity of the
APPF. In addition, the provision would require the Secretary of
Defense to provide the congressional defense committees a plan
for the continued use of the ASFF to build and sustain the
Afghan National Security Forces (ANSF) through September 30,
2017.
The House recedes with an amendment that would require
the Secretary of Defense to certify to the congressional
defense committees, or report on why the certification cannot
be made, regarding whether the APPF meets certain specified
standards and whether the Commander, International Security
Assistance Force/Commander United States Forces--Afghanistan
has the ability to exercise oversight over APPF personnel, in
particular when those forces are providing force protection at
bases where U.S. Armed Forces personnel are garrisoned or
housed. The Secretary would be required to make such a
certification or report on a semi-annual basis. The amendment
would also require the Secretary of Defense to provide a
detailed report to the congressional defense committees
assessing the APPF. The amendment would require that after the
initial assessment report, subsequent assessments of the APPF
be provided on a semi-annual basis, and can be included as part
of the report on progress toward security and stability in
Afghanistan submitted under sections 1230 and 1231 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181).
The conference provision retains the requirement for a
plan to use the ASFF to build and sustain the ANSF through
September 30, 2017.
The conferees urge the Department of Defense to engage
with and encourage the APPF to take steps to meet all of the
certification standards under this section that the Secretary
of Defense determines the APPF have not met.
Joint Improvised Explosive Device Defeat Fund (sec. 1532)
The House bill contained a provision (sec. 1531) that
would authorize annual transfer authorities, expand current
reporting requirements, and other associated activities for the
Joint Improvised Explosive Device Defeat Fund (JIEDDF). The
provision would also authorize the Secretary of Defense, in
concurrence with the Secretary of State, to use funds from the
JIEDDF for the purposes of monitoring, disrupting, and
interdicting the movement of explosive precursors from a
country that borders Afghanistan to locations within
Afghanistan.
The Senate amendment contained a similar provision (sec.
1532) that would authorize various transfer authorities,
reporting requirements, and other associated activities for the
JIEDDF, as well as require these authorities to expire on
December 31, 2013. The provision would also make available to
the Secretary of Defense not more than $15.0 million from the
JIEDDF to provide training, equipment, services, and supplies
to the Government of Pakistan for the purposes of countering
the flow of improvised explosive device (IED) chemical
precursors from Pakistan into locations in Afghanistan, or the
Secretary of Defense may transfer these funds to the head of
another Department or agency of the United States to be
administered by that Department or agency for the specific
purpose of countering the flow of IED chemical precursors from
Pakistan into Afghanistan.
The House recedes with an amendment that would combine
the two provisions with some modifications. The amendment would
incorporate reporting requirements in the House bill; modify
the expiration authority in the Senate amendment to only apply
to the transfer authority; and adopt the limitation of the use
of the JIEDDF for the particular purposes in the Senate
amendment. The amendment would further require the Secretary to
notify the congressional defense committees 15 days prior to
obligating any funds and provide details on the specific
training, equipment, services, and supplies to be provided to
the Government of Pakistan, as well as include an evaluation of
the effectiveness of efforts by the Government of Pakistan to
counter the flow of IED chemical precursors into Afghanistan.
The amendment would also direct the Joint Improvised
Explosive Device Defeat Organization (JIEDDO) to provide prior
notice to the congressional defense committees of the
obligation of funds from the JIEDDF and would require JIEDDO to
include any associated analysis of alternatives (AoA) conducted
in the process of taking action to initiate any project for
which the total obligation of funds from the JIEDDF will exceed
$10.0 million.
The conferees understand JIEDDO currently conducts a
comparative analysis throughout their rapid acquisition process
for all initiatives. It is not the intent of the conferees to
impede this process or delay fielding needed capability to the
warfighter by requiring an AoA reporting requirement. The
conferees only require a summary of the alternatives be
prepared and forwarded to the congressional defense committees
when this information is available as part of JIEDDO's program
development process.
The conferees also direct the Secretary of Defense to
notify the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate as part of the notification requirement included in the
amendment.
One-year extension of project authority and related requirements of
Task Force for Business and Stability Operations in Afghanistan
(sec. 1533)
The House bill contained a provision (sec. 1532) that
would extend for 1 year the authority under section 1535 of the
Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383), as amended, for the Department of
Defense Task Force for Business and Stability Operations
(TFBSO). The provision would narrow the scope of projects that
the TFBSO is authorized to carry out to those associated with
Afghanistan's mining and mineral resources sector. The
provision would also reduce the amount of funds available for
TFBSO projects to $50.0 million for fiscal year 2013. In
addition, none of these funds would be available until the
Secretary of Defense notifies the appropriate congressional
committees that the activities of the TFBSO will be
transitioned to the Department of State by September 30, 2013.
The Senate amendment contained a provision (sec. 1534)
that would extend for fiscal year 2013 the authority under
section 1535 of Public Law 111-383, as amended, for the TFBSO
and authorize the use of up to $93.0 million to carry out TFBSO
projects.
The Senate recedes with an amendment that extends the
TFBSO's authority through fiscal year 2013. Under the
amendment, up to $93.0 million may be used for TFBSO projects,
except that not more than $50.0 million may be available until
the Secretary of Defense submits a report to the appropriate
congressional committees on the implementation of the TFBSO
Transition Action Plan that was submitted to the Armed Services
Committees of the Senate and House of Representatives in May
2012. The amendment does not include the restrictions in the
House provision on the scope of projects that the TFBSO is
authorized to carry out.
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. 1534)
The Senate amendment contained a provision (sec. 1533)
that would require the Secretary of Defense to provide the
congressional defense committees, as part of the fiscal year
2014 budget request, with a plan to fully transition
appropriate U.S. Special Operations Command funding from the
overseas contingency operations budget to the base budget over
the future-years defense program to maintain critical and
enduring special operations capabilities.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to provide the plan within 90 days of
enactment of this Act.
Assessment of counter-improvised explosive device training and
intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations (sec. 1535)
The Senate amendment contained a provision (sec. 1535)
that would direct the Secretary of Defense to conduct
assessments of the Joint Improvised Explosive Device Defeat
Organization's (JIEDDO) training activities and intelligence
activities.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
elements of the assessments.
Six years after the Department of Defense (DOD)
established JIEDDO as its coordinating agency to lead,
advocate, and coordinate responses to the improvised explosive
device (IED) threat across the Department, according to the
Government Accountability Office, DOD continues to experience
fragmentation, overlap, and duplication in its counter-IED
efforts. The conferees believe the Secretary of Defense should,
in consultation with the appropriate DOD elements, conduct
comprehensive assessments of the training and intelligence
activities of JIEDDO and identify any areas of duplication and
make a determination of whether duplication of effort is
necessary to ensure mission success.
Legislative Provision Not Adopted
Limitation on the use of funds in Overseas Contingency Operations
Transfer Fund
The House bill contained a provision (sec. 1523) that
would place limits on the use of funds in the Overseas
Contingency Operations Transfer Fund in fiscal year 2013.
The Senate amendment contained no similar provision.
The House recedes.
Title XVI--Industrial Base Matters
Legislative Provisions Adopted
Subtitle A--Defense Industrial Base Matters
Disestablishment of Defense Materiel Readiness Board (sec. 1601)
The House bill contained a provision (sec. 1601) that
would repeal section 871 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181) and disestablish
the Defense Materiel Readiness Board.
The Senate amendment contained an identical provision
(sec. 885).
The conference agreement includes this provision.
Assessment of effects of foreign boycotts (sec. 1602)
The House bill contained a provision (sec. 1602) that
would amend section 2505 of title 10, United States Code, to
require that the annual industrial base report submitted by the
Secretary of Defense pursuant to that section include an
assessment of the impact of foreign boycotts on the national
technology and industrial base.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment clarifying that the
issue of foreign boycotts need be addressed only to the extent
that such boycotts are subjecting the national technology and
industrial base (or a sector of the national technology and
industrial base) to significant harm.
National security strategy for national technology and industrial base
(sec. 1603)
The House bill contained a provision (sec. 1604) that
would require the Department of Defense (DOD) to develop a
national security strategy for the national technology and
industrial base.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Given the vast scope of the defense industrial base, the
conferees realize that such a strategy will have to be tailored
to the various sectors of the defense industrial base and
understand that innovation timelines can vary significantly
between sectors. In addition, the conferees strongly urge the
Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy to leverage to the maximum possible
extent existing organizations, capabilities, and authorities
within the DOD in the development and execution of this
strategy.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Role of the directors of small business programs in acquisition
processes of the Department of Defense (sec. 1611)
The House bill contained a provision (sec. 1612) that
would require the Secretary of Defense to ensure the
participation of the directors of small business programs of
the Department of Defense and the military departments in the
requirements development and acquisition processes of the
Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure
the participation of the directors of small business programs
as early as possible in the acquisition processes of the
Department.
The conferees understand that contract requirements and
specifications can be drafted in a manner that is unnecessarily
restrictive of competition or unnecessarily excludes small
business. The directors of small business programs can and
should play a key role in ensuring that the Department avoids
such restrictive requirements and specifications.
Small Business Ombudsman for defense audit agencies (sec. 1612)
The House bill contained a provision (sec. 1613) that
would require the Secretary of Defense to designate a small
business advocate within the Defense Contract Audit Agency and
the Defense Contract Management Agency.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the designation of small business ombudsmen and clarify the
duties of the position to ensure that the activities of the new
ombudsmen do not compromise audit independence or undermine
compliance with applicable audit standards.
Independent assessment of Federal procurement contracting performance
of the Department of Defense (sec. 1613)
The House bill contained a provision (sec. 1614) that
would require the Secretary of Defense to enter into a contract
with a federally funded research and development center to
conduct an independent assessment of the procurement
performance of the Department of Defense related to small
business concerns.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
direct the Secretary to select an appropriate entity to conduct
the independent assessment; and (2) streamline and clarify the
matters to be addressed by the review.
The conferees note that the amendment does not include a
requirement to review the potential for increased opportunities
for contracting and subcontracting with small business concerns
owned and controlled by service-disabled veterans. The
Department has informed the conferees that an independent
assessment addressing this issue has already been completed by
a federally funded research and development center and is
currently in the review process.
Additional responsibilities of Inspector General of the Department of
Defense (sec. 1614)
The House bill contained a provision (sec. 1616) that
would require the Inspector General of the Department of
Defense to conduct peer reviews of the defense audit agencies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the Inspector General may either conduct peer reviews or
approve arrangement for the conduct of external peer reviews by
other competent entities.
Restoration of 1 percent funding for administrative expenses of
Commercialization Readiness Program of Department of Defense
(sec. 1615)
The House bill contained a provision (sec. 1617) that
would authorize the Secretary of Defense to use not more than 1
percent of the funds available to the Department of Defense
pursuant to the Small Business Innovative Research Program to
cover expenses incurred to administer the Commercialization
Readiness Program.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Matters Relating to Small Business Concerns
PART I--PROCUREMENT CENTER REPRESENTATIVES
Procurement center representatives (sec. 1621)
The House bill contained a provision (sec. 1621) that
would amend section 15(l) of the Small Business Act (15 U.S.C.
644(l)) to strengthen and clarify the roles and
responsibilities of Procurement Center Representatives (PCRs)
in the acquisition process.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
strengthen and clarify the roles and responsibilities of PCRs,
while ensuring that the small business offices within the
federal agencies serve as the primary advocates for small
business during the pre-decisional acquisition planning
processes of such agencies.
Small Business Act contracting requirements training (sec. 1622)
The House bill contained a provision (sec. 1622) that
would require the Defense Acquisition University and the
Federal Acquisition Institute to establish courses on
contracting requirements under the Small Business Act (15
U.S.C. 632 et seq.).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment deleting the
requirement for a report by the Government Accountability
Office.
Acquisition planning (sec. 1623)
The House bill contained a provision (sec. 1623) that
would address the consideration of small business issues in the
acquisition planning processes of federal agencies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
and streamline the provision. The conferees believe that early
participation of small business specialists in the acquisition
process should reduce protests, thereby speeding up the
process, while improving small business opportunities.
PART II--GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS
Goals for procurement contracts awarded to small business concerns
(sec. 1631)
The House bill contained a provision (sec. 1631) that
would amend section 15(g) of the Small Business Act (title 15
United States Code Subsection 644) to establish new goals for
the participation of small business concerns in federal
contracting.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
strengthen incentives for federal agencies to contract with
small business by recodifying certain provisions relating to
small business contracting goals, tightening procedures for
establishing such goals, and requiring federal agencies to
develop concrete plans to meet such goals.
Reporting on goals for procurement contracts awarded to small business
concerns (sec. 1632)
The House bill contained a provision (sec. 1632) that
would establish enhanced federal agency reporting requirements
relative to contracts awarded to small businesses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure
that federal agencies are not required to establish new data
collection systems for the purpose of meeting these
requirements.
Senior executives (sec. 1633)
The House bill contained a provision (sec. 1633) that
would require the incorporation of small business
considerations into the training and evaluation of senior
executives responsible for acquisition functions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
federal agencies to ensure that senior executives assume
responsibility for the achievement of small business goals.
The conferees understand that one of the steps taken by
the Department of Defense to ensure that senior officials
assume responsibility for the achievement of small business
contracting goals has been to include consideration of such
goals in performance evaluations for such officials in
appropriate circumstances. The conferees expect other federal
agencies to adopt similar measures to comply with the
requirements of this provision.
PART III--MENTOR-PROTEGE PROGRAMS
Mentor-Protege programs (sec. 1641)
The House bill contained a provision (sec. 1641) that
would provide a statutory and regulatory framework for mentor-
protege programs at federal agencies other than the Department
of Defense (DOD). The provision would not apply to DOD
programs, for which such a framework is already in place.
The Senate amendment contained no similar provision.
The Senate recedes.
PART IV--TRANSPARENCY IN SUBCONTRACTING
Limitations on subcontracting (sec. 1651)
The House bill contained a provision (sec. 1651) that
would clarify statutory requirements limiting the extent to
which work awarded pursuant to a small business contract may be
performed by subcontractors.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Penalties (sec. 1652)
The House bill contained a provision (sec. 1652) that
would strengthen penalties for violations of subcontracting
limitations applicable to small business contractors.
The Senate amendment contained no similar provision.
The Senate recedes.
Subcontracting plans (sec. 1653)
The House bill contained a provision (sec. 1655) that
would amend section 8(d) of the Small Business Act (15 U.S.C.
637(d)) to modify and strengthen the authorities of the Small
Business Administration relative to the submission and
enforcement of small business subcontracting plans.
The Senate amendment contained a provision (sec. 888)
that would require the establishment of a new mechanism for
reporting fraudulent activity or bad faith by prime contractors
with respect to subcontracting plans.
The Senate recedes with an amendment that would
strengthen requirements for collecting, reviewing, and
evaluating information on prime contractor compliance with
small business subcontracting plans, require the establishment
of a new mechanism for reporting fraudulent activity or bad
faith by prime contractors with respect to subcontracting
plans, and require the Small Business Administration to submit
an annual report on compliance with such plans.
Notices of subcontracting opportunities (sec. 1654)
The House bill contained a provision (sec. 1656) that
would make a technical correction to section 8(k)(1) of the
Small Business Act (15 U.S.C. 637(k)(1)), regarding notices of
subcontracting opportunities.
The Senate amendment contained no similar provision.
The Senate recedes.
Publication of certain documents (sec. 1655)
The House bill contained a provision (sec. 1658) that
would prohibit a federal agency, other than the Department of
Defense, from insourcing a function that is being performed by
a small business concern until the agency has published
procedures and methodologies with respect to such insourcing
decisions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Director of the Office of Management and Budget to publish
procedures and methodologies to be used by federal agencies
with respect to decisions to insource functions that are being
performed by small business concerns.
PART V--SMALL BUSINESS CONCERN SIZE STANDARDS
Small business concern size standards (sec. 1661)
The House bill contained a provision (sec. 1661) that
would clarify statutory provisions regarding size standards
applicable to small business concerns.
The Senate amendment contained no similar provision.
The Senate recedes.
PART VI--CONTRACT BUNDLING
Contract bundling (sec. 1671)
The House bill contained a provision (sec. 1671) that
would expand and modify the definition of bundled contracts and
eliminate procedures related to contract consolidation under
the Small Business Act (15 U.S.C. 657q).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure
the applicability of contract consolidation procedures to
construction contracts, ensure that government-wide
consolidation procedures are fully applicable to the Department
of Defense, and require the Government Accountability Office to
review data and information regarding consolidated contracts
awarded by Federal agencies.
PART VII--INCREASED PENALTIES FOR FRAUD
Safe harbor for good faith compliance efforts (sec. 1681)
The House bill contained a provision (sec. 1681) that
would amend section 16(d) of the Small Business Act (15 U.S.C.
645(d)) to provide a ``safe harbor'' for certain firms that
violate the prohibition against misrepresenting themselves as
small businesses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
safe harbor for a firm that relies in good faith on a written
advisory opinion provided by a Small Business Development
Center or an entity participating in the Procurement Technical
Assistance Program. Any such written advisory opinion would
have to be submitted for review to the General Counsel of the
Small Business Administration, which would have the authority
to reject the opinion.
Requirement that fraudulent businesses be suspended or debarred (sec.
1682)
The House bill contained a provision (sec. 1683) that
would clarify standards for the suspension or disbarment of
entities that misrepresent themselves as small businesses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment clarifying that the
publication requirement in subsection (d) of the provision
applies only to the suspension and debarment procedures of the
Small Business Administration.
Annual report on suspensions and debarments proposed by Small Business
Administration (sec. 1683)
The House bill contained a provision (sec. 1684) that
would require the Small Business Administration (SBA) to submit
an annual report to Congress on suspension and debarment
actions taken by the SBA in the previous year.
The Senate amendment contained no similar provision.
The Senate recedes.
PART VIII--OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS
Offices of Small and Disadvantaged Business Utilization (sec. 1691)
The House bill contained a provision (sec. 1691) that
would clarify the roles of the offices of Small and
Disadvantaged Business Utilization (SADBU) in federal agencies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the experience necessary for directors of SADBU offices.
Small Business Procurement Advisory Council (sec. 1692)
The House bill contained a provision (sec. 1692) that
would clarify the duties and structure of the Small Business
Advisory Council established pursuant to section 7104 of the
Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644).
The Senate amendment contained no similar provision.
The Senate recedes.
PART IX--OTHER MATTERS
Surety bonds (sec. 1695)
The House bill contained a provision (sec. 1695) that
would raise the maximum surety bond amount that may be
guaranteed by the Small Business Administration.
The Senate amendment contained no similar provision.
The Senate recedes.
Conforming Amendments; Repeal of redundant provisions; Regulations
(sec. 1696)
The House bill contained a provision (sec. 1653) that
would make certain conforming amendments relative to
limitations on subcontracting by recipients of small business
contracts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment consolidating
technical and conforming amendments from several provisions of
the House bill.
Contracting with small business concerns owned and controlled by women
(sec. 1697)
The Senate amendment contained a provision (sec. 848)
that would modify rules for contracting with woman-owned small
businesses pursuant to section 8(m) of the Small Business Act
(15 U.S.C. section 637(m)).
The House bill contained no similar provision.
The House recedes with an amendment that would strike
language pertaining to the issue of economic disadvantage.
Small Business HUBZones (sec. 1698)
The Senate amendment contained a provision (sec. 889E)
that would provide extended eligibility for the HUBZone program
administered by the Small Business Administration (SBA) to base
closure areas that were unable to avail themselves of the full
5-year term provided by law due to delays in processing by the
SBA.
The House bill contained no similar provision.
The House recedes.
National Veterans Business Development Corporation (sec. 1699)
The Senate amendment contained a provision (sec. 1090)
that would terminate the federal charter for the National
Veterans Business Development Corporation.
The House bill contained no similar provision.
The House recedes with a technical amendment.
State Trade and Export Promotion Grant Program (sec. 1699a)
The Senate amendment contained a provision (sec. 1099E)
that would make a technical change to the Small Business Jobs
Act of 2010 (15 U.S.C. 649b note) to address the inadvertent
omission of the Commonwealth of the Northern Mariana Islands
from a trade and export promotion program.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Advancing Innovation Pilot Program
The House bill contained a provision (sec. 1603) that
would establish a pilot program to accelerate the development
and fielding of research innovations from qualifying
institutions.
The Senate amendment contained no similar provision.
The House recedes.
The conferees continue to maintain keen interest in
ensuring that the Department of Defense (DOD) has robust and
efficient mechanisms for transitioning scientific and
technological innovation from research activities into system
acquisitions and other programs of record that ultimately
further DOD's missions. The conferees understand that the Under
Secretary of Defense for Acquisition, Technology, and Logistics
has initiated an effort to comprehensively review and
streamline the acquisition system. The conferees applaud this
review, and urge the Under Secretary to use this opportunity to
review technology transition programs and funding mechanisms
within the Department in order to eliminate poor performing or
marginal initiatives, identify and strengthen those that
function effectively, and consider initiating new programs
should they be deemed necessary.
In addition, the conferees are also aware that the
Department has recently issued a new instruction on the
availability of samples, drawings, information, equipment,
materials, and certain services to non-DOD persons and entities
that should support Department-wide goals for technology
transfer from DOD laboratories and engineering centers. The
conferees fully support the goals of DOD Instruction 5535.11,
which states that it is policy, ``to promote research and
development within the commercial sector of the U.S. economy,
and the transfer of technology from the military to the
commercial sector.'' The conferees also agree that ``providing
information or unique or scarce items to a private sector
entity will significantly aid that entity's ability to engage
in research critical to the development of a useful military or
commercial technology,'' and should play a central role in any
Department-wide strategy for technology transition. The
conferees urge leadership within the Department to do more to
socialize this new instruction with the private sector,
academia, as well as DOD stakeholders, to ensure it is utilized
to the maximum extent practicable.
Assessment of outreach for small business concerns owned and controlled
by women and minorities required before conversion of certain
functions to contractor performance
The House bill contained a provision (sec. 1696) that
would require the Department of Defense to conduct outreach to
certain categories of small businesses before outsourcing
certain functions to private sector entities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees expect the Department of Defense to conduct
outreach to all categories of small businesses and to other
qualified entities before outsourcing functions performed by
federal employees.
Assessment of small business programs transition
The House bill contained a provision (sec. 1615) that
would require that the Secretary of Defense select an entity
outside the Department of Defense (DOD) to conduct an
independent review and assessment of the transition of
technologies developed by small business.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Government Accountability
Office (GAO) is currently conducting a comprehensive body of
work to assess how well the Department is managing, developing,
and transitioning technologies across its science and
technology enterprise. The first review, which is currently
underway, assesses DOD and military service programs dedicated
to facilitating the transition of technologies to major weapon
acquisition programs or directly to the field. The conferees
direct the Comptroller General to ensure that future GAO
reviews performed under this body of work include an assessment
of the transition of technologies developed by small businesses
through the Small Business Innovative Research (SBIR) program,
including: (1) an analysis of technologies developed under the
SBIR program and the extent to which such technologies were
incorporated into major weapon systems or major automated
information systems; (2) an analysis of established or ad hoc
procedures to allow program offices to monitor, evaluate, and
transition small business-developed technologies into their
programs; and (3) additional actions that may be needed to
improve DOD and the military services' processes for
monitoring, evaluating, and transitioning small business-
developed technologies for use in major weapon systems or major
automated information systems (including any appropriate data
collection and measures of effectiveness and performance).
Government Accountability Office report
The House bill contained a provision (sec. 1642) that
would require a Government Accountability Office report on
certain issues relative to mentor-protege programs carried out
by federal agencies.
The Senate amendment contained no similar provision.
The House recedes.
Limitation on contracting
The House bill contained a provision (sec. 1697) that
would prohibit a federal agency from entering into any contract
unless a preference is given to small business concerns owned
and controlled by service-disabled veterans.
The Senate amendment contained no similar provision.
The House recedes.
Office of Hearings and Appeals
The House bill contained a provision (sec. 1682) that
would establish an Office of Hearings and Appeals within the
Small Business Administration.
The Senate amendment contained no similar provision.
The House recedes.
Pilot program to assist in the growth and development of advanced small
business concerns
The House bill contained a provision (sec. 1611) that
would establish a pilot program under which certain contracts
would be set aside for competition among advanced small
business concerns.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain concerned by the difficulties that
businesses have had after graduating from small business
programs or growing to exceed the size standards for
participation in such programs. A separate provision in this
conference report would require an independent assessment of
federal procurement contracting performance of the Department
of Defense related to small business concerns. The assessment
to be conducted pursuant to this provision would include an
examination of the transition challenges faced by businesses
that graduate from small business programs or grow to exceed
the size standards for participation in such programs and
provide recommendations on steps that should be taken to help
ensure the continued health of such businesses.
Program to provide federal contracts to early stage small business
The House bill contained a provision (sec. 1693a) that
would establish a new procurement preference program for early
stage small businesses.
The Senate amendment contained no similar provision.
The House recedes.
Regulations
The House bill contained a provision (sec. 1654) that
would establish a timeline for the issuance of certain
regulations implementing amendments made by this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the timeline for relevant
guidance is addressed elsewhere in this Act.
Regulations
The House bill contained a provision (sec. 1657) that
would establish a timeline for the issuance of certain
regulations implementing amendments made by this Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the timeline for relevant
guidance is addressed elsewhere in this Act.
Repeal of redundant provisions
The House bill contained a provision (sec. 1672) that
would repeal certain provisions relative to contract
consolidation and bundling.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the issue of contract
consolidation and bundling is addressed elsewhere in this Act.
Technical amendments
The House bill contained a provision (sec. 1673) that
would make technical amendments to section 15 of the Small
Business Act (title 15, United States Code, subsection 644).
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that technical amendments to the Small
Business Act are consolidated in a separate provision.
Title XVII--End Trafficking in Government Contracting
Legislative Provisions Adopted
Definitions (sec. 1701)
The House bill contained a provision (sec. 1702) that
would provide definitions relative to human trafficking
prohibitions and requirements for government contracts.
The Senate amendment contained a similar provision (sec.
896).
The Senate recedes.
Contracting requirements (sec. 1702)
The House bill contained a provision (sec. 1703) that
would strengthen human trafficking prohibitions and
requirements applicable to government contracts.
The Senate amendment contained a similar provision (sec.
893).
The House recedes with an amendment that would clarify
the circumstances in which a contractor or subcontractor, labor
recruiter or broker is required to pay for return
transportation costs to an employee upon the end of employment.
The conferees conclude that the payment of such costs is
critical in the case of third-country nationals who are brought
to countries like Iraq and Afghanistan to provide services
under federal government contracts in support of overseas
contingency operations.
Compliance plan and certification requirement (sec. 1703)
The House bill contained a provision (sec. 1704) that
would require certain government contractors to develop plans
to detect and avoid human trafficking.
The Senate amendment contained a similar provision (sec.
894).
The House recedes with an amendment that would clarify
the applicability of the requirement.
Monitoring and investigation of trafficking in persons (sec. 1704)
The House bill contained a provision (sec. 1705) that
would establish executive agency responsibilities and
authorities for detecting and avoiding human trafficking under
government contracts.
The Senate amendment contained a similar provision (sec.
895).
The House recedes with an amendment that would clarify
the responsibilities and authorities of agency heads and
inspectors general, clarify the discretion of inspectors
general to determine whether alleged misconduct rises to a
level that requires investigation, and ensure that only
substantiated allegations are included in the government-wide
database of contractor misconduct.
Notification to inspectors general and cooperation with Government
(sec. 1705)
The House bill contained a provision (sec. 1706) that
would require agency heads to notify the appropriate inspector
general of any credible allegation of conduct in violation of
human trafficking prohibitions and requirements.
The Senate amendment contained a similar provision (sec.
896).
The Senate recedes with a technical amendment.
Expansion of penalties for fraud in foreign labor contracting to
include attempted fraud and work outside the United States
(sec. 1706)
The House bill contained a provision (sec. 1707) that
would amend section 1351 of title 18, United States Code, to
prohibit human trafficking in connection with U.S. Government
contracts performed outside the United States.
The Senate amendment contained a similar provision (sec.
897) that would also address the issue of the admittance of
aliens to the United States in certain circumstances.
The House recedes.
Improving Department of Defense accountability for reporting
trafficking in persons claims and violations (sec. 1707)
The House bill contained a provision (sec. 1708) that
would clarify reporting requirements applicable to trafficking
in persons cases under Department of Defense contracts.
The Senate amendment contained a similar provision (sec.
898).
The House recedes.
Rule of construction; effective date (sec. 1708)
The House bill contained a provision (sec. 1709) that
would establish a rule of construction relative to the
trafficking in persons provisions in this Act.
The Senate amendment contained a similar provision (sec.
899).
The House recedes with an amendment that would address
the implementation and effective dates for provisions in this
subtitle.
Legislative Provision Not Adopted
Short title
The House bill contained a provision (sec. 1701) that
would provide a short title for provisions of the bill
addressing trafficking in persons.
The Senate amendment contained a similar provision (sec.
891).
The conference agreement does not contain the provisions.
Title XVIII--Federal Assistance to Fire Departments
Subtitle A--Fire Grants Reauthorization
Short title (sec. 1801)
The Senate amendment contained a provision (sec. 1801)
that would state that this subtitle may be cited as the ``Fire
Grants Reauthorization Act of 2012.''
The House bill contained no similar provision.
The House recedes.
Amendments to definitions (sec. 1802)
The Senate amendment contained a provision (sec. 1802)
that would amend definitions in this subtitle.
The House bill contained no similar provision.
The House recedes.
Assistance to firefighters grants (sec. 1803)
The Senate amendment contained a provision (sec. 1803)
that would amend section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) to provide assistance to
firefighters grants.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Staffing for adequate fire and emergency response (sec. 1804)
The Senate amendment contained a provision (sec. 1804)
that would provide for adequate staffing of fire and emergency
response.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress on value and funding of Assistance to Firefighters
and Staffing for Adequate Fire and Emergency Response programs
(sec. 1805)
The Senate amendment contained a provision (sec. 1805)
that would state the sense of Congress on the value and funding
of assistance to firefighters and staffing for adequate fire
and emergency response programs.
The House bill contained no similar provision.
The House recedes.
Report on amendments to assistance to firefighters and staffing for
adequate fire and emergency response programs (sec. 1806)
The Senate amendment contained a provision (sec. 1806)
that would require a report on amendments to assistance to
firefighters and staffing for adequate fire and emergency
response programs.
The House bill contained no similar provision.
The House recedes.
Studies and reports on the state of fire services (sec. 1807)
The Senate amendment contained a provision (sec. 1807)
that would require studies and reports on the state of fire
services.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Reauthorization of United States Fire Administration
Short title (sec. 1811)
The Senate amendment contained a provision (sec. 1811)
that would state that this subtitle may be cited as the
``United States Fire Administration Reauthorization Act of
2012.''
The House bill contained no similar provision.
The House recedes.
Clarification of relationship between United States Fire Administration
and Federal Emergency Management Agency (sec. 1812)
The Senate amendment contained a provision (sec. 1812)
that would clarify the relationship between the United States
Fire Administration and the Federal Emergency Management
Agency.
The House bill contained no similar provision.
The House recedes.
Modification of authority of Administrator to educate public about fire
and fire prevention (sec. 1813)
The Senate amendment contained a provision (sec. 1813)
that would modify the authority of the Administrator of the
United States Fire Administration to educate the public about
fire and fire prevention.
The House bill contained no similar provision.
The House recedes.
Authorization of appropriations (sec. 1814)
The Senate amendment contained a provision (sec. 1814)
that would authorize appropriations for the United States Fire
Administration.
The House bill contained no similar provision.
The House recedes.
Removal of limitation (sec. 1815)
The Senate amendment contained a provision (sec. 1815)
that would remove a certain limitation on the Administrator of
the United States Fire Administration.
The House bill contained no similar provision.
The House recedes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Summary and explanation of funding tables
Division B of this Act would authorize funding for
military construction projects of the Department of Defense
(DOD). It includes funding authorizations for the construction
and operation of military family housing as well as military
construction for the reserve components, the defense agencies,
and the North Atlantic Treaty Organization (NATO) Security
Investment Program. It would also provide authorization for the
base closure accounts that fund military construction,
environmental cleanup, and other activities required to
implement the decisions in base closure rounds.
The following tables provide the project-level
authorizations for the military construction funding authorized
in Division B of this Act, other than the overseas contingency
operations projects authorized in title XXIX, and summarize
that funding by account. Funding for base closure projects is
summarized in the table that follows, and is explained in
additional detail in the table included in title XXVII of this
report.
Legislative Provisions Adopted
Short title (sec. 2001)
The House bill contained a provision (sec. 2001) that
would designate division B of this Act as the Military
Construction Authorization Act for Fiscal Year 2013.
The Senate amendment contained an identical provision
(sec. 2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be specified by
law (sec. 2002)
The House bill contained a provision (sec. 2002) that
would ensure that the authorizations provided in titles XXI
through XXVI shall expire on October 1, 2015, or the date of
enactment of an act authorizing funds for military construction
for fiscal year 2016, whichever is later.
The Senate amendment contained a similar provision (sec.
2002).
The Senate recedes.
Legislative Provision Not Adopted
Effective date
The House bill contained a provision (sec. 2003) stating
the date titles XXI through XXVII shall take effect.
The Senate amendment contained no similar provision.
The House recedes.
Title XXI--Army Military Construction
Budget Item
Summary
The budget request included $192.0 million for a Cadet
Barracks at the United States Military Academy (USMA). The
conferees have significant concerns about the condition of the
current cadet barracks at USMA. A provision in this title deals
specifically with this project; however, the Army will be
unable to obligate and expend the full amount of the budget
request and therefore the conference agreement would reduce the
authorization of appropriations by $106.0 million.
The budget request included $84.0 million for the
Millennium Site cemetery expansion at Arlington National
Cemetery (ANC). The conferees note that the Army's military
construction account has historically not been used to
authorize construction at ANC, and the conferees agree that
changing this precedent would not be in the best interests of
the Army or ANC. Therefore, the conference agreement would
transfer the $84.0 million for this project to the Cemeterial
Expenses account where it is fully funded.
Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that
would authorize military construction projects for the active
component of the Army for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2101).
The Senate recedes with a clarifying amendment. The
conferees note the authorized amounts are listed in this
provision on an installation-by-installation basis. A State
list of projects contained in the table in section 4601 of this
Act provides the binding list of specific construction projects
authorized at each location.
Family housing (sec. 2102)
The House bill contained a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2013. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained an identical provision
(sec. 2102).
The conference agreement includes this provision.
Authorization of appropriations, Army (sec. 2103)
The House bill contained a provision (sec. 2103) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
for fiscal year 2013. This provision would also provide an
overall limitation on the cost of the fiscal year 2013 military
construction and family housing projects authorized for the
active duty component of the Army.
The Senate amendment contained a similar provision (sec.
2103).
The House recedes with a clarifying amendment.
Modification of authority to carry out certain fiscal year 2010 project
(sec. 2104)
The House bill contained a provision (sec. 2104) that
would modify the authority to carry out a certain fiscal year
2010 project.
The Senate amendment contained an identical provision
(sec. 2104).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2009 projects (sec.
2105)
The House bill contained a provision (sec. 2105) that
would extend the authorization for certain fiscal year 2009
projects.
The Senate amendment contained an identical provision
(sec. 2105).
The conference agreement includes the provision.
Extension of authorizations of certain fiscal year 2010 projects (sec.
2106)
The House bill contained a provision (sec. 2106) that
would extend the authorization for certain fiscal year 2010
projects.
The Senate amendment contained an identical provision
(sec. 2106).
The conference agreement includes the provision.
Extension of limitation on obligation or expenditure of funds for tour
normalization (sec. 2107)
The House bill contained a provision (sec. 2107) that
would extend the limitation to continue a tour normalization
prohibition of funds included in section 2111 of the Military
Construction Act for Fiscal Year 2012 (division B of Public Law
112-81).
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on project authorization to carry out certain fiscal year
2013 project (sec. 2108)
The Senate amendment contained a provision (sec. 2107)
that would provide the Secretary of the Army authorization to
carry out a military construction project to construct a cadet
barracks at the U.S. Military Academy, New York.
The House bill contained no similar provision.
The House recedes with an amendment that would place a
limitation on the use of funds for the project requiring the
Secretary of the Army to submit, as part of the next future-
years defense program, a plan for the renovation of the
existing barracks inventory at West Point. The Secretary of the
Army would also be required to certify that a contract has been
awarded for the renovation of Scott barracks.
Conferees also note that while the project is listed as a
barracks, the project should not be built to the Army one-plus-
one standard but should conform to existing dormitory standards
on campus.
Title XXII--Navy Military Construction
Budget Item
Summary
The budget request included $14.8 million for a Broad
Area Maritime Surveillance Maintenance Training Facility at
Naval Air Station Lemoore (Beale Air Force Base), California.
The Department of the Navy has requested a change in location,
which the conferees have accepted, for that project to Naval
Base Ventura County (Point Mugu), California. This change would
result in a $2.1 million reduction in the project.
The budget request included funding for four projects at
Camp Lemonnier, Djibouti. These four projects represent $99.2
million in authorizations. The conference agreement would
authorize the full amount for these projects in a separate
account as Title XXIX of this Act.
The budget request included $280.0 million for the second
increment of the Explosives Handling Wharf #2 in Naval Base
Kitsap, Washington. The conferees understand that the Navy will
be unable to obligate and expend the full amount of the budget
request and the conference agreement would, therefore, reduce
the authorization of appropriations for this project by $25.8
million.
Legislative Provisions Adopted
Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that
would authorize military construction projects for the active
component of the Navy for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2201).
The Senate recedes with a clarifying amendment. The
conferees note the authorized amounts are listed in this
provision on an installation-by-installation basis. A State
list of projects contained in the table in section 4601 of this
Act provides the binding list of specific construction projects
authorized at each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 2013. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained an identical provision
(sec. 2202).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2203)
The House bill contained a provision (sec. 2203) that
would authorize funding for fiscal year 2013 to improve
existing family housing.
The Senate amendment contained an identical provision
(sec. 2203).
The conference agreement includes this provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the Navy
for fiscal year 2013. This provision would also provide an
overall limitation on the cost of the fiscal year 2013 military
construction and family housing projects authorized for the
active-duty component of the Navy.
The Senate amendment contained a similar provision (sec.
2204).
The House recedes with a clarifying amendment.
Modification of authority to carry out certain fiscal year 2012 project
(sec. 2205)
The House bill contained a provision (sec. 2205) that
would modify the authority provided in section 2201 of the
Military Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81) and authorize the Secretary
of the Navy to make certain modifications to the scope of a
previously authorized construction project.
The Senate amendment contained an identical provision
(sec. 2205).
The conference agreement includes the provision.
Extension of authorizations of certain fiscal year 2009 projects (sec.
2206)
The House bill contained a provision (sec. 2206)
extending the authorization for certain fiscal year 2009
project.
The Senate amendment contained an identical provision
(sec. 2206).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2010 projects (sec.
2207)
The House bill contained a provision (sec. 2207)
extending the authorization for certain fiscal year 2010
projects.
The Senate amendment contained an identical provision
(sec. 2207).
The conference agreement includes this provision.
Title XXIII--Air Force Military Construction
Budget Item
Summary
The conferees note that the budget request for the Air
Force for military construction is considerably reduced this
fiscal year. The Air Force has described this reduction as a
`strategic pause' in military construction. The conferees are
concerned that this reallocation of budget authority may
endanger the Air Force's ability to meet future military
construction requirements.
The budget request includes $161.0 million for the second
increment of the U.S. Strategic Command (STRATCOM) Replacement
Facility at Offutt Air Force Base, Nebraska. The conferees
understand that the Department will be unable to obligate and
expend the full amount of the budget request and the conference
agreement would, therefore, reduce the authorization of
appropriations for this project by $33.0 million.
The budget request included funding for two projects at
Rota, Spain. The conferees have been informed that the Air
Force no longer requires the Transient Contingency Dormitory or
the Transient Aircraft Hangers, $17.6 million and $15.0
million, respectively, and the conference agreement would,
therefore, eliminate funding for both projects.
The budget request, and the House bill included an
authorization of $128.0 million for a hardened Fuel Maintenance
Hangar at Andersen Air Force Base, Guam, that was first
included in the fiscal year 2012 budget request. The conferees
note that incremental appropriations for this project were
provided in the Consolidated Appropriations Act, 2012 (P.L.
112-74).
The conferees have concerns about the costs associated
with the hardening of facilities in the U.S. Pacific Command
area of responsibility, but recognize the strategic value of
Andersen Air Force Base and believe the Air Force should
continue to ensure that the facilities at this location remain
suitable for mission requirements.
The conference agreement would, therefore, include an
authorization of $58.0 million for an unhardened Fuel
Maintenance Hangar at Andersen Air Force Base, Guam.
Legislative Provisions Adopted
Authorized Air Force construction and land acquisition projects (sec.
2301)
The House bill contained a provision (sec. 2301) that
would authorize military construction projects for the active
component of the Air Force for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2301).
The Senate recedes with an amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 2013. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained an identical provision
(sec. 2302).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that
would authorize funding for fiscal year 2013 to improve
existing family housing.
The Senate amendment contained an identical provision
(sec 2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force for fiscal year 2013. This provision would also provide
an overall limitation on the cost of the fiscal year 2013
military construction and family housing projects authorized
for the active duty component of the Air Force.
The Senate amendment contained a similar provision (sec.
2304).
The House recedes with a clarifying amendment.
Extension of authorizations of certain fiscal year 2010 projects (sec.
2305)
The House bill contained a provision (sec. 2305) that
would extend the authorization for certain fiscal year 2010
projects.
The Senate amendment contained an identical provision
(sec. 2305).
The conference agreement includes the provision.
Title XXIV--Defense Agencies Military Construction
Budget Item
Summary
The conferees note that the previously classified
location for a SOF Parachute Training Facility has been
identified by the Department of Defense as Marana, Arizona.
The budget request included $300.5 million for the second
increment of the High Performance Computing Center at Fort
Meade, Maryland. The conferees understand that the National
Security Agency (NSA) will be unable to obligate and expend the
full amount of the budget request and the conference agreement
would, therefore, reduce the authorization of appropriations
for this project by $75.0 million. The conference agreement
also includes a provision that would modify the authorization
provided last year for this project. The conferees previously
required the NSA to validate the cost of the project and are
pleased that the updated request resulted in a $68.3 million
reduction.
The budget request included $207.4 million for the fourth
increment of the Hospital Replacement at Fort Bliss, Texas. The
conferees understand that the Department will be unable to
obligate and expend the full amount of the budget request and
the conference agreement would, therefore, reduce the
authorization of appropriations by $75.0 million.
The budget request included $80.7 million for the third
increment of the Ambulatory Care Center at Joint Base San
Antonio, Texas. The conferees understand that the Department
will be unable to obligate and expend the full amount of the
budget request and the conference agreement would, therefore,
reduce the authorization of appropriations by $54.3 million.
The budget request included an authorization of $157.9
million and an authorization of appropriations in the same
amount for an Aegis Ashore Missile Defense System Complex in
Deveselu, Romania. The Department of Defense informed the
conferees that after extensive planning and design, the actual
authorization requirement would be $220.8 million, though the
Department would be unable to obligate and expend the full
amount of the budget request. Therefore, the authorization of
appropriations in the conference agreement would be reduced by
$37.9 million; however, the authorization would be increased to
the newly requested amount.
The budget request included $30.0 million for
infrastructure at Fort Bragg, North Carolina, to support
construction of facilities for special operations forces. These
projects are authorized in this Title. The conference agreement
would eliminate the project in Title XXI and move the $30.0
million to the SOF Battalion Operations Facility project that
the infrastructure was planned to support.
The conference agreement would eliminate this
infrastructure project since the resulting infrastructure would
not constitute a ``complete and useable'' facility as required
by statute. The conferees are aware of the Major Force Program-
11 rule to not provide for common service requirements and view
this as an exception.
Legislative Provisions Adopted
Subtitle A--Defense Agency Authorizations
Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The House bill contained a provision (sec. 2401) that
would authorize military construction projects for the defense
agencies for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2401).
The Senate recedes with a clarifying amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this act provides the
binding list of specific construction projects authorized at
each location.
Authorized energy conservation projects (sec. 2402)
The House bill contained a provision (sec. 2402) that
would authorize certain energy conservation projects for fiscal
year 2013.
The Senate amendment contained a similar provision (sec.
2402).
The Senate recedes.
The budget request included authorization of
appropriations for $150.0 million for the Energy Conservation
Investment Program (ECIP). The conferees note that the budget
justification documents accompanying the budget request
contained a list of projects by service that would be carried
out with funds authorized for the ECIP account.
The conferees believe that greater transparency and
oversight is required to ensure that the projects proposed in
the budget request for ECIP are actually carried out.
Therefore, the conferees have included in the table at section
4601 of this Act, a list of specific ECIP project
authorizations that exceed $2.0 million that have been added to
the military construction tables by project, name, and
location.
The conferees recommend that future budget submissions
conform to this protocol.
Authorization of appropriations, Defense Agencies (sec. 2403)
The House bill contained a provision (sec. 2403) that
would authorize appropriations for military construction and
family housing projects of the defense agencies for fiscal year
2013. This provision would also provide an overall limitation
on the cost of the fiscal year 2013 military construction and
family housing projects authorized for the active-duty
component of the Army.
The Senate amendment contained a similar provision (sec.
2403).
The House recedes with a clarifying amendment.
Modification of authority to carry out certain fiscal year 2012
projects (sec. 2404)
The House bill contained a provision (sec. 2404) that
would modify the authority provided in section 2401 of the
Military Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81) and authorize the Secretary
of Defense to make certain modifications to the scope of
previously authorized military construction projects.
The Senate amendment contained a similar provision (sec.
2405).
The Senate recedes with a clarifying amendment.
Extension of authorization of certain fiscal year 2010 project (sec.
2405)
The House bill contained a provision (sec. 2405) that
would extend the authorization listed until October 1, 2013, or
the date of enactment of an act authorizing funds for military
construction for fiscal year 2014, whichever is later.
The Senate amendment contained an identical provision
(sec. 2404).
The conference agreement includes the provision.
Subtitle B--Chemical Demilitarization Authorizations
Authorization of appropriations, chemical demilitarization
construction, defense-wide (sec. 2411)
The House bill contained a provision (sec. 2411) that
would authorize appropriations for military construction
projects for the chemical demilitarization program for fiscal
year 2013.
The Senate amendment contained a similar provision (sec.
2411).
The Senate recedes with a clarifying amendment.
Modification of authority to carry out certain fiscal year 1997 project
(sec. 2412)
The House bill contained a provision (sec. 2412) that
would modify the authority provided in section 2401 of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201) and authorize the Secretary
of Defense to make certain modifications to the scope of a
previously authorized construction project.
The Senate amendment contained an identical provision
(sec. 2412).
The conference agreement includes this provision.
Legislative Provision Not Adopted
Additional authority to carry out certain fiscal year 2013 project
The Senate amendment contained a provision (sec. 2406)
authorizing an Upgrade Fuel Pipeline at Andersen Air Force
Base, Guam, with certain limitations.
The House bill contained no similar provision.
The Senate recedes.
Title XXV--North Atlantic Treaty Organization Security Investment
Program
Legislative Provisions Adopted
Authorized NATO construction and land acquisition projects (sec. 2501)
The House bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The Senate amendment contained an identical provision
(sec. 2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize the U.S. contribution to the North Atlantic
Treaty Organization Security Investment Program.
The Senate amendment contained an identical provision
(sec. 2502).
The conference agreement includes this provision.
Title XXVI--Guard and Reserve Forces Facilities
Budget Item
Summary
The budget request included $17.0 million for a Readiness
Center at St. Paul, Minnesota. The Department of Defense has
requested that the location of this Readiness Center be changed
to Arden Hills, Minnesota. This request has been accepted in
the conference agreement.
Legislative Provisions Adopted
Subtitle A--Project Authorizations and Authorization of Appropriations
Authorized Army National Guard construction and land acquisition
projects (sec. 2601)
The House bill contained a provision (sec. 2601) that
would authorize military construction projects for the Army
National Guard for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2601).
The Senate recedes with a clarifying amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Authorized Army Reserve construction and land acquisition projects
(sec. 2602)
The House bill contained a provision (sec. 2602) that
would authorize military construction projects for the Army
Reserve for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2602).
The Senate recedes with an amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Authorized Navy Reserve and Marine Corps Reserve construction and land
acquisition projects (sec. 2603)
The House bill contained a provision (sec. 2603) that
would authorize military construction projects for the Navy
Reserve and the Marine Corps Reserve for fiscal year 2013.
The Senate amendment contained an identical provision
(sec. 2603).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Authorized Air National Guard construction and land acquisition
projects (sec. 2604)
The House bill contained a provision (sec. 2604) that
would authorize military construction projects for the Air
National Guard for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2604).
The Senate recedes with a clarifying amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Authorized Air Force Reserve construction and land acquisition project
(sec. 2605)
The House bill contained a provision (sec. 2605) that
would authorize military construction projects for the Air
Force Reserve for fiscal year 2013.
The Senate amendment contained a similar provision (sec.
2605).
The Senate recedes with an amendment.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table in section 4601 of this Act provides the
binding list of specific construction projects authorized at
each location.
Authorization of appropriations, National Guard and Reserve (sec. 2606)
The House bill contained a provision (sec. 2606) that
would authorize appropriations for the reserve component
military construction projects for fiscal year 2013. This
provision would also provide an overall limitation on the cost
of the fiscal year 2013 military construction projects
authorized for the reserve components.
The Senate amendment contained an identical provision
(sec. 2606).
The conference agreement includes this provision.
Subtitle B--Other Matters
Modification of authority to carry out certain fiscal year 2010
projects (sec. 2611)
The House bill contained a provision (sec. 2611) that
would modify the authority provided in section 2601 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84) and authorize the Secretary
of the Army to make certain modifications to the scope of
previously authorized construction projects.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of authority to carry out certain fiscal year 2011
projects (sec. 2612)
The House bill contained a provision (sec. 2612) that
would modify the authority provided in section 2601 of the
Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383) and authorize the Secretary
of the Army to make certain modifications to the scope of
previously authorized construction projects.
The Senate amendment contained a similar provision (sec.
2613).
The Senate recedes with a clarifying amendment.
Extension of authorization of certain fiscal year 2009 project (sec.
2613)
The House bill contained a provision (sec. 2613) that
would extend the authorization for certain fiscal year 2009
military construction project.
The Senate amendment contained an identical provision
(sec. 2611).
The conference agreement includes this provision.
Extension of authorization of certain fiscal year 2010 projects (sec.
2614)
The House bill contained a provision (sec. 2614) that
would extend the authorization for certain fiscal year 2010
military construction projects.
The Senate amendment contained an identical provision
(sec. 2612).
The conference agreement includes this provision.
Title XXVII--Base Realignment and Closure Activities
Legislative Provisions Adopted
Subtitle A--Authorization of Appropriations
Authorization of appropriations for base realignment and closure
activities funded through Department of Defense Base Closure
Account 1990 (sec. 2701)
The House bill contained a provision (sec. 2701) that
would authorize appropriations for fiscal year 2013 for ongoing
activities that are required to implement the decision of the
1988, 1991, 1993, and 1995 Base Closure and Realignment rounds.
The Senate amendment contained an identical provision
(sec. 2701).
The conference agreement includes this provision.
Authorization of appropriations for base realignment and closure
activities funded through Department of Defense Base Closure
Account 2005 (sec. 2702)
The House bill contained a provision (sec. 2702) that
would authorize military construction projects for fiscal year
2013 for ongoing activities that are required to implement the
decisions of the 2005 Base Closure and Realignment round.
The Senate amendment contained an identical provision
(sec. 2702).
The conference agreement includes this provision.
Subtitle B--Other Matters
Consolidation of Department of Defense base closure accounts and
authorized uses of base closure account funds (sec. 2711)
The House bill contained a provision (sec. 2711) that
would strike sections 2906 and 2906A of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510) that establishes Treasury accounts for the
Base Closure and Realignment rounds of 1991, 1993, 1995, and
2005, and would unify these Treasury accounts into a single
Treasury account known as the ``Department of Defense Base
Closure Account.''
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
require the Department of Defense to maintain accountability
for expenses incurred to carry out the decisions of each round
of base realignments and closures.
Revised base closure and realignment restrictions and Comptroller
General assessment of Department of Defense compliance with
codified base closure and realignment restrictions (sec. 2712)
The Senate amendment contained a provision (sec. 2704)
that would direct the Comptroller General to develop objective
criteria to be used by the Department of Defense to make
decisions relating to realignments of units employed at
military installations that are not currently covered by
section 2687 of title 10, United States Code.
The provision would also include a 1-year moratorium on
implementing any realignment that would result in a military
installation covered under section 2687 to no longer be covered
by section 2687.
The House bill contained no similar provision.
The House recedes with an amendment that would create a
moratorium on closing any installation for 5 years where any
realignment has resulted in that installation previously
covered under section 2687 to no longer be covered by section
2687.
Legislative Provisions Not Adopted
Consideration of United States military bases located overseas in
criteria used to consider and recommend military installations
for closure or realignment
The House bill contained a provision (sec. 2714) that
would require consideration of United States military bases
located overseas in criteria used to consider and recommend
military installations for closure and realignment.
The Senate amendment contained no similar provision.
The House recedes.
Technical amendments to section 2702 of the Military Construction
Authorization Act for Fiscal Year 2012
The Senate amendment contained a provision (sec. 2703)
that would make a technical amendment and a conforming
amendment to section 2702 of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81; 125 Stat. 1681).
The House bill contained no similar provision.
The Senate recedes as the technical changes are contained
in title X of this Act.
Prohibition on conducting additional Base Realignment and Closure
(BRAC) round
The House bill contained a provision (sec. 2713) that
would prohibit funds authorized to be appropriated by this Act
from being used to propose, plan for, or execute an additional
Base Realignment and Closure round.
The Senate amendment contained no similar provision.
The House recedes.
Air Armament Center, Eglin Air Force Base
The House bill contained a provision (sec. 2712) that
would require the Secretary of the Air Force to retain an Air
Armament Center at Eglin, Air Force Base, Florida, with the
same integrated mission elements, responsibilities, and
capabilities as existed upon the completion of implementation
of the recommendations of the 2005 Base Closure and Realignment
Commission, until such time as it is modified pursuant to
section 2687 of title 10, United States Code, or a subsequent
law providing for the closure or realignment of military
installations in the United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Air Force has embarked on a
significant reorganization of the Air Force Material Command
(AFMC) that the Secretary of the Air Force indicates will
improve warfighter support, drive standard processes, improve
life cycle acquisition management and reduce overhead.
Specifically, the Air Force has proposed a reduction of more
than 1,000 positions across the Command that represents an
annual savings of more than $100.0 million. As the Air Force
implements this reorganization, the conferees expect the
Secretary to rigidly adhere to the reporting requirements
contained in section 2687 of title 10, United States Code
entitled ``Base Closures and Realignment.'' While the conferees
believe that it is imperative to generate efficiencies across
the entirety of the Air Force enterprise, the conferees also
believe it is essential to preserve critical functions and
capabilities at installations assigned to AFMC.
Title XXVIII--Military Construction General Provisions
Legislative Provisions Adopted
Subtitle A--Military Construction Program and Military Family Housing
Changes
Authorized cost and scope variations (sec. 2801)
The Senate amendment contained a provision (sec. 2801)
that would amend section 2853 of title 10, United States Code,
to clarify the authorizations for scope variations in military
construction and family housing projects.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the construction justification
data provided to Congress each year by the Department of
Defense for each military construction project includes a list
of supporting facilities that are required to ensure a complete
and useable primary facility or item of complete and useable
infrastructure. These supporting facilities are listed as
categories such as utility services, site preparation, special
features, systems, or measures with corresponding scopes
normally provided as lump sums, with the exception of
demolition.
The conferees note that a list of supporting facilities
should not contain separate or distinct facilities or complete
and useable facilities. While the conferees understand the need
for flexibility during the design process to determine the full
extent of supporting facilities, the list of associated work
and the categories provided under supporting facilities should
be considered as the scope for the project.
In addition, the continued use of lump sums is not
consistent with the intent of conferees to ensure Congress
receives a clear and concise description of the costs and scope
of the proposed construction prior to authorization. Therefore,
the conferees expect that the construction justification data
in future budget submissions will include, to the maximum
extent practicable, a clearer estimate of the scope of each
category of supporting facilities required to ensure a complete
and useable facility or item of infrastructure.
Preparation of master plans for major military installations (sec.
2802)
The House bill contained a provision (sec. 2801) that
would require installation master plans at a period not to
exceed 10 years. Such plans shall address environmental
planning, sustainable design and development, sustainable range
planning, real property master planning, and transportation
planning.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Oversight and accountability for military housing privatization
projects and related annual reporting requirements (sec. 2803)
The House bill contained a provision (sec. 2802) that
would provide additional oversight and accountability in the
pursuit of military housing privatization projects to include
an assessment of the financial viability of the long-term
project, a resident satisfaction assessment and an assessment
of the backlog of maintenance and repair. Furthermore, this
section would delete several reporting requirements that were
duplicative or obsolete and replace them with reporting
requirements associated with the long-term viability of the
family housing projects.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Extension of temporary, limited authority to use operation and
maintenance funds for construction projects in certain areas
outside the United States (sec. 2804)
The House bill contained a provision (sec. 2803) that
would amend section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136) and extend the Department's ability to use
operation and maintenance appropriations for military
construction purposes for the United States Central Command and
Combined Joint Task Force-Horn of Africa area of responsibility
until September 30, 2013.
The Senate amendment contained a similar provision (sec.
2803).
The House recedes.
Comptroller General report on in-kind payments (sec. 2805)
The Senate amendment contained a provision (sec. 2802)
that would require the Comptroller General of the United States
to submit a report on the construction or renovation of
Department of Defense facilities with in-kind payments.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Real Property and Facilities Administration
Clarification of parties with whom Department of Defense may conduct
exchanges of real property at certain military installations
(sec. 2811)
The House bill contained a provision (sec. 2812) that
would amend section 2869(a)(1) of title 10, United States Code,
as amended by section 2815 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81), to
change the party with whom a real estate exchange can be
conducted.
The Senate amendment contained a similar provision (sec.
2812).
The Senate recedes.
Identification requirements for access to military installations (sec.
2812)
The House bill contained a provision (sec. 2814) that
would establish minimum identification requirements for entry
onto all military installations and require the Department of
Defense to take steps to enforce these requirements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Defense to establish identification standards
and requirements for entry onto military installations, and
provide that these standards and requirements may vary between
installations, or parts of installations, depending on the
nature of the installation, the nature of the access granted,
and the level of security required.
Report on property disposals at certain closed military installations
and additional authorities to assist local communities in the
vicinity of such installations (sec. 2813)
The House bill contained a provision (sec. 2813) that
would provide an indemnification for properties transferred at
closed military installations.
The Senate amendment contained a similar provision (sec.
313) that would require a report on property disposals.
The House recedes with a technical amendment.
Report on reorganization of Air Force Materiel Command organizations
(sec. 2814)
The Senate amendment contained a provision (sec. 2706)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on the reorganization
of Air Force Materiel Command (AFMC) organizations. The
Secretary would be required to include an analysis of the
extent to which the proposed changes in the Air Force
management structure were coordinated with the Office of the
Secretary of Defense (OSD) and the Director, Test Resource
Management Center, and the degree to which their concerns, if
any, were addressed in the approach selected by the Air Force.
The Secretary would be required to submit the report not later
than 180 days after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would have the
assessment apply more generically to OSD, since other offices
within OSD have equities in AFMC organization and their
management.
The conferees note that the Air Force has embarked on a
significant reorganization of the Air Force Materiel Command
(AFMC) that the Secretary of the Air Force indicates will
improve warfighter support, drive standard processes, improve
life cycle acquisition management and reduce overhead.
Specifically, the Air Force has proposed a reduction of more
than 1,000 positions across the Command that represents an
annual savings of more than $100.0 million. As the Air Force
implements this reorganization, the conferees expect the
Secretary to rigidly adhere to the reporting requirements
contained in section 2687 of title 10, United States Code
entitled ``Base Closures and Realignment.'' While the conferees
believe that it is imperative to generate efficiencies across
the entirety of the Air Force enterprise, the conferees also
believe it is essential to preserve critical functions and
capabilities at installations assigned to AFMC.
Subtitle C--Energy Security
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. 2821)
The House bill contained a provision (sec. 2821) that
would require the Department of Defense to notify Congress when
entering into contracts for the provision and operation of
energy production facilities on real property owned by the
United States if the contract is longer than 20 years.
The Senate amendment contained no similar provision.
The Senate recedes.
Availability and use of Department of Defense energy cost savings to
promote energy security (sec. 2822)
The House bill contained a provision (sec. 2823) that
would amend section 2912(b)(1) of title 10, United States Code,
to include consideration of energy security.
The Senate amendment contained no similar provision.
The Senate recedes.
Continuation of limitation on use of funds for Leadership in Energy and
Environmental Design (LEED) gold or platinum certification
(sec. 2823)
The House bill contained a provision (sec. 2822) that
would continue the prohibition on the use of funds for
Leadership in Energy and Environmental Design gold or platinum
certifications for fiscal year 2013 set forth in the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81). This section would also limit the use of funds for
implementation of the American Society of Heating,
Refrigerating and Air-Conditioning Engineers (ASHRAE) building
standard 189.1.
The Senate amendment contained a similar provision (sec.
2822).
The Senate recedes with a clarifying amendment. The
amendment would limit the prohibition on the use of funds to
Leadership in Energy and Environmental Design gold or platinum
certifications for fiscal year 2013 until the submission of a
required report and updated policy guidance from the Department
of Defense (DOD).
The conferees note that while there is no prohibition
limiting the use of funds for implementation of ASHRAE building
standard 189.1, they expect DOD to not provide broad, sweeping
policy guidance on the use of ASHRAE building standard 189.1
but rather utilize this standard on a project by project basis
to maximize savings based on geographic locations and returns
on investment through water and energy efficiencies, among
other considerations.
Guidance on financing for renewable energy projects (sec. 2824)
The Senate amendment contained a provision (sec. 2821)
that would require the Department of Defense to issue guidance
for financing renewable energy projects.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Energy savings performance contract report (sec. 2825)
The House bill contained a provision (sec. 834) that
would require the military departments to submit reports to the
congressional defense committees on the use of energy savings
performance contracts (ESPCs).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment requiring a single
report by the Department of Defense (DOD), and clarifying the
content of the required report.
The conferees note that DOD has encouraged the military
services to increase the use of ESPCs to meet energy savings
goals. Under section 8287 of title 42, United States Code, ESPC
contracts provide for the contractor to incur the costs of
implementing energy savings measures, including at least the
costs (if any) incurred in making energy audits, acquiring and
installing equipment, and training personnel, in exchange for a
share of any energy savings directly resulting from the
implementation of such measures.
Section 8287 provides for the use of ESPCs ``solely for
the purpose of achieving energy savings and benefits ancillary
to that purpose.'' While ESPCs are not available for the
purpose of the construction of new buildings or facilities, the
conferees note that in some cases, the installation of
equipment meeting the standard of section 8287 requires the
modification or repair of existing facilities, or the
construction of ancillary facilities or infrastructure, to
accommodate the equipment. In such cases, ESPCs may be used for
the construction, repair, maintenance, or modification of
facilities or infrastructure ancillary to the qualifying
equipment. The conferees expect a detailed description of any
facility work required to carry out an ESPC to be included in
the report required by this section.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Certification of military readiness need for a Live Fire Training Range
Complex on Guam as condition on establishment of range complex
(sec. 2831)
The House bill contained a provision (sec. 2832) that
would prohibit the establishment of a firing range on the
territory of Guam until the Secretary of Defense certifies that
the firing range is required to meet a national security need.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Realignment of Marine Corps forces in the Asia-Pacific region (sec.
2832)
The House bill contained a provision (sec. 2833) that
would strike a requirement of section 2207 of the Military
Construction Authorization Act for Fiscal Year 2012 (division B
of Public Law 112-81) to obtain a coordinated federal agency
plan that supports the civilian infrastructure on Guam, as well
as a requirement in such Act to obtain tangible progress
regarding the relocation of Marine Corps Air Station Futenma as
a condition for moving forward with the Marine Corps
realignment of forces to Guam.
The Senate amendment contained a provision (sec. 2208)
that would extend a prohibition on funds for construction
activities to implement the realignment of Marine Corps' forces
from Okinawa, pending the receipt of certain certifications and
plans from the Department of Defense.
The House recedes with an amendment that would expand the
exceptions for the use of funds through fiscal year 2013.
The conferees strongly support a robust U.S. military
force posture in the Asia-Pacific region as the cornerstone of
peace and stability and to underwrite the development of new
economic and security partnerships.
One key initiative involves changes to the stationing of
U.S. forces in Japan, and specifically Okinawa, in furtherance
of the U.S.-Japan bilateral arrangement. The Defense Policy
Review Initiative, as further detailed in the U.S.-Japan
Alliance Transformation and Realignment for the Future and the
2006 U.S.-Japan Roadmap for Realignment Implementation
agreement (`Roadmap agreement'), laid out a series of U.S.
force consolidations and base closures intended to improve the
cooperation of the two allies, adjust the stationing of U.S.
forces, and reduce the burden on local Japanese communities.
The conferees note that on April 27, 2012, the U.S.-Japan
Security Consultative Committee issued a joint statement
detailing changes to the plans for the realignment of Marines
on Okinawa. Specifically, the U.S. and Japan separated the
requirement of tangible progress on the construction of the
Futenma Replacement Facility (FRF) from other Marine re-
stationing efforts on Okinawa to return lands to local
communities. Also, while the overall number of marines to leave
Okinawa remained essentially the same as under the previous
agreement (approximately 9,000), the new distributed laydown
will result in fewer Marines being re-stationed to Guam with
the remainder of the forces in Australia and Hawaii.
The conferees are encouraged by the adjustments to the
Roadmap agreement that will allow the United States Marine
Corps to establish and employ full Marine Air Ground Task Force
(MAGTF) capabilities at multiple locations in the Asia-Pacific
region. While the cost estimates for the construction and
infrastructure plans at each location are preliminary, the
conferees note that the Government of Japan has already
transferred to the United States $834.0 million towards the
agreed total contribution of $3.1 billion for construction
activities to support the relocation of 4,700 Marines from
Okinawa to Guam. Of the $834.0 million, $725.0 million remains
unobligated in the U.S. Treasury and further expenditures are
subject to negotiations and mutual agreement between the two
Governments.
The conferees recognize the majority of construction
required to relocate ground units from Okinawa to Guam cannot
be carried out until the environmental impacts of the new plans
for Guam and Hawaii are studied, which will take a number of
years.
In the meantime, the conferees have been advised that
updates to environmental studies are not required for the
construction of infrastructure and facilities to support the
relocation of a United States Marine Corps Combat Aviation
Element to the north side of Andersen Air Force Base, Guam, as
agreed upon in the Roadmap agreement, or to construct ground
training facilities at Andersen South.
The conferees also note that the Marine Corps has
recently increased the use of airspace ranges on and around
Guam to meet Marine aviation training requirements in the
Pacific theater. These training missions are accomplished
through temporary deployments of Marine Air squadrons to
Andersen Air Force Base that require ramp space and facilities
shared with the U.S. Air Force.
The Marine Corps has proposed new facilities on the north
ramp of Andersen Air Force Base and at Andersen South that
would have military utility independent of the permanent
relocation of Marines from Guam. These facilities can be used
to meet current requirements of Marine units in the Pacific as
well as the permanent stationing of a United States Marine
Corps Combat Aviation Element at Andersen Air Force Base, as
agreed upon in the Roadmap agreement.
As such, the conferees have modified the prohibition
maintained by this section to allow for construction of a
certain infrastructure project and for planning and design
activities in fiscal year 2013 for the Marine Corps aviation
infrastructure and facilities on the north ramp of Andersen Air
Force Base and ground training facilities at Andersen South.
The conferees do not intend for these investments to be
interpreted as an endorsement of the distributed laydown, as
questions still remain about facility master plans, training
requirements, and affordability in a fiscally constrained
environment. The conferees also note that the new distributed
laydown proposed for Marine Corps forces will require the
completion of a concept of operations, an analysis of logistics
requirements, and a plan for strategic lift for the MAGTFs to
meet operational requirements.
The conferees are further concerned about the lack of
formal timelines for the development of master plans and
budgets for the completion of the realignments. This
uncertainty increases the risk that a delay in investments or
construction prolonged over 10 years or more will have a
detrimental impact on the readiness and operational
capabilities of the MAGTFs in the region.
Lastly, the conferees note that the updated agreement has
separated the movement of Marines from Okinawa from the
requirement for tangible progress on the construction of a
replacement facility for Marine Corps Futenma on Okinawa. As
such, there is not a clear plan or timeline to build the FRF at
Camp Schwab in the Henoko area of Okinawa, and the Marine Corps
will continue to operate from MCAS Futenma, a heavily-
encroached air base in the crowded Ginowan area of Okinawa. The
MCAS Futenma facilities and infrastructure are in deteriorated
condition due to the deliberate decision over a number of years
to defer maintenance, repairs, and renovations in light of the
eventual base closure.
The conferees are concerned that any decision to further
delay the construction of an FRF without a plan to provide for
safe, secure facilities at MCAS Futenma will put Marines, their
families, and people in the local community at risk.
Accordingly, the conferees support an expanded investment
profile for the maintenance and repair of facilities at MCAS
Futenma until such time as an alternative basing strategy can
be developed to replicate the capabilities provided by MCAS
Futenma.
Subtitle E--Land Conveyances
Modification of authorized consideration, Broadway Complex of the
Department of the Navy, San Diego, California (sec. 2841)
The House bill contained a provision (sec. 2842) that
would modify section 2732 of the Military Construction
Authorization Act for Fiscal Year 1987 (division B of Public
Law 99-661) to expand the Secretary of the Navy's ability to
use the proceeds from the Broadway Complex, San Diego,
California, lease to construct real property.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Use of proceeds, land conveyance, Tyndall Air Force Base, Florida (sec.
2842)
The Senate amendment contained a provision (sec. 2832)
that would modify the authorities for use of proceeds of a land
conveyance at Tyndall Air Force Base, Florida.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Land conveyance, John Kunkel Army Reserve Center, Warren, Ohio (sec.
2843)
The House bill contained a provision (sec. 2843) that
would authorize the Secretary of the Army to convey, without
consideration, the John Kunkel Army Reserve Center, Warren,
Ohio, to the Village of Lordstown for public purposes.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Land conveyance, Castner Range, Fort Bliss, Texas (sec. 2844)
The House bill contained a provision (sec. 2844) that
would authorize the Secretary of the Army to convey the Castner
Range at Fort Bliss, Texas, to the Parks and Wildlife
Department of the State of Texas for the purpose of
establishing an additional element of the Franklin Mountains
State Park.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Fort Hood, Texas (sec. 2845)
The House bill contained a provision (sec. 2845) that
would modify a land conveyance at Fort Hood, Texas, that was
provided in the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375).
Specifically, the Secretary of the Army would be authorized to
expand the Texas A&M University, Central Texas, to include
elements that the University System of the State of Texas
considers appropriate.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Land conveyance, Local Training Area for Browning Army Reserve Center,
Utah (sec. 2846)
The Senate amendment contained a provision (sec. 2831)
that would authorize the conveyance of real property at
Browning Army Reserve Center, Utah.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle F--Other Matters
Modification of notice requirements in advance of permanent reduction
of sizable numbers of members of the Armed Forces at military
installations (sec. 2851)
The House bill contained a provision (sec. 2872) that
would modify notice requirements in advance of permanent
reduction of sizable numbers of members of the armed forces at
military installations.
The Senate amendment contained a similar provision (sec.
2705).
The House recedes.
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. 2852)
The House bill contained a provision (sec. 2811) that
would amend chapter 155 of title 10, United States Code, to
authorize service secretaries to accept services from nonprofit
entities to support a military museum program, clarify
authority to solicit and accept gifts for military museums,
authorize the lease of military museum property to nonprofit
entities for purposes related to the military museum program,
and to enter into cooperative agreements with nonprofit
entities to support a military museum program.
The Senate amendment contained a similar provision (sec.
582(c)) that would authorize military museums to enter into
cooperative agreements with certain nonprofit entities.
The Senate recedes with a clarifying amendment.
Additional exemptions from certain requirements applicable to funding
for data servers and centers (sec. 2853)
The Senate amendment contained a provision (sec. 2844)
providing an exemption to the High Performance Computing
Modernization Program from certain requirements by the
Department of Defense (DOD) Chief Information Officer relating
to data servers and centers.
The House bill contained no similar provision.
The House recedes.
The conferees note that the DOD High Performance
Computing Modernization Program was initiated in response to
congressional direction to modernize the DOD laboratories' high
performance computing capabilities. The conferees are aware
that this program has a well-established process for
identifying and monitoring investment for these high
performance computing capabilities in a manner that reduced
unwarranted duplication.
Redesignation of the Center for Hemispheric Defense Studies as the
William J. Perry Center for Hemispheric Defense Studies (sec.
2854)
The House bill contained a provision (sec. 2862) that
would, as requested by the Department of Defense, redesignate
the Center for Hemispheric Defense Studies as the William J.
Perry Center for Hemispheric Defense Studies.
The Senate amendment contained a similar provision (sec.
1081).
The Senate recedes with a clarifying amendment.
Sense of Congress regarding establishment of military divers memorial
at Washington Navy Yard (sec. 2855)
The House bill contained a provision (sec. 2863) that
would express the sense of Congress that the Navy should
provide an appropriate site at the former Navy Dive School at
the Washington Navy Yard for a memorial to honor the members of
the armed forces who have served as divers and whose service in
defense of the United States has been carried out beneath the
waters of the world.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
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. 2856)
The House bill contained a provision (sec. 2870) that
would limit the availability of funds pending the submission of
a report regarding the acquisition of land and development of a
training range facility adjacent to the Marine Corps Ground Air
Combat Center Twenty Nine Palms, California.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Oversight and maintenance of closed base cemeteries overseas containing
the remains of members of the Armed Forces or citizens of the
United States (sec. 2857)
The Senate amendment contained a provision (sec. 2843)
that would require notification to the congressional defense
committees with respect to oversight and maintenance of base
cemeteries following the closure of overseas military
installations.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on establishment of joint Armed Forces historical storage and
preservation facility (sec. 2858)
The Senate amendment contained a provision (sec. 1065)
that would require a report on the establishment of a joint
armed forces historical storage and preservation facility.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Establishment of commemorative work to Gold Star Mothers (sec. 2859)
The House bill contained a provision (sec. 2864) that
would require the Secretary of the Army to permit the Gold Star
Mothers National Monument Foundation to establish a Gold Star
Mothers National Monument in Arlington National Cemetery or on
federal land under the jurisdiction of the Department of the
Army in the vicinity of Arlington National Cemetery.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Gold Star Mothers National Monument Foundation to establish
a commemorative work on eligible federal land to commemorate
the sacrifices made by mothers, and made by their sons and
daughters who as members of the armed forces make the ultimate
sacrifice in defense of the United States. The establishment of
the commemorative work must comply with chapter 89 of title 40,
United States Code, and other federal laws and regulations.
Establishment of commemorative work to slaves and free Black persons
who served in American Revolution (sec. 2860)
The Senate amendment contained provisions (sections 1901-
1904) that would authorize the establishment of a commemorative
work on federal land in the District of Columbia to honor
slaves and free black persons who served as soldiers and
sailors or who provided civilian assistance during the American
Revolution.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the establishment of the commemorative work comply with
chapter 89 of title 40, United States Code, and other federal
laws and regulations, and that would make other technical and
conforming changes.
Legislative Provisions Not Adopted
Modification to authorized land conveyance and exchange, Joint Base
Elmendorf Richardson, Alaska
The House bill contained a provision (sec. 2841) that
would modify section 2851 of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81) and would change the lead agency responsible for
completing the land conveyance and exchange at Joint Base
Elmendorf Richardson, Alaska, from the Secretary of the Air
Force to the Secretary of the Interior.
The Senate amendment contained no similar provision.
The House recedes.
Transfer of administrative jurisdiction, Fort Lee Military Reservation
and Petersburg National Battlefield, Virginia
The House bill contained a provision (sec. 2846) that
would authorize the Secretary of the Army and the Secretary of
the Interior to enter into a land exchange for 1.170 acres of
real property at the Fort Lee Military Reservation, Virginia,
and the Petersburg National Battlefield, Virginia.
The Senate amendment contained a similar provision (sec.
2842).
The conference agreement does not include the provisions
in response to objections by committees of jurisdiction.
Naming of training and support complex, Fort Bragg, North Carolina
The House bill contained a provision (sec. 2865) that
would name the training and support complex at Fort Bragg,
North Carolina, the ``Colonel Robert Howard Training and
Support Complex''.
The Senate amendment contained no similar provision.
The House recedes.
The conference agreement fails to include the provision
without prejudice. The conferees believe that the naming of
facilities and infrastructure is appropriately done under
existing policy and procedures of the Department of Defense.
Naming of electrochemistry engineering facility, Naval Support Activity
Crane, Crane, Indiana
The House bill contained a provision (sec. 2866) that
would rename the electrochemistry engineering facility on Naval
Support Activity Crane, Crane, Indiana, as the ``John
Hostettler Electrochemistry Engineering Facility''.
The Senate amendment contained no similar provision.
The House recedes. The conference agreement fails to
include the provision without prejudice. The conferees believe
that the naming of facilities and infrastructure is
appropriately done under existing policy and procedures of the
Department of Defense.
Massachusetts Institute of Technology--Lincoln Laboratory improvement
project
The House bill contained a provision (sec. 2869) that
would authorize the Secretary of the Air Force to enter into
discussions with the Massachusetts Institute of Technology for
a project to improve and modernize the Lincoln Laboratory
complex at Hanscom Air Force Base, Massachusetts.
The Senate amendment contained no similar provision.
The House recedes.
As a federally funded research and development center
sponsored by the Department of Defense, Massachusetts Institute
of Technology's Lincoln Laboratory conducts research and
develops technologies that address critical national security
challenges.
The conferees note that Lincoln Laboratory's facilities
at Hanscom Air Force Base are in need of improvement and
modernization in order to carry out their mission. The
conferees believe that the Secretary of the Air Force has
existing authorities under section 2667 of title 10, United
States Code, to carry out improvements and modernization of the
Lincoln Laboratory complex at Hanscom Air Force Base,
Massachusetts.
The conferees encourage the Secretary of the Air Force to
enter into discussions with the Massachusetts Institute of
Technology to carry out such improvements and modernizations as
the Secretary determines to be appropriate.
Clarification of authority of Secretary to assist with development of
public infrastructure in connection with the establishment or
expansion of a military installation
The Senate amendment contained a provision (sec. 2841)
that would require specific authorization of any grant,
cooperative agreement, or supplement of funds available under
federal programs administered by agencies other than the
Department of Defense that result in the development of public
infrastructure.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that, in recent years, the Office of
Economic Adjustment has entered into a number of cooperative
agreements or awarded grants for infrastructure projects that
were not included in the budget request.
The conferees, therefore, request the Department of
Defense to submit a report to the congressional defense
committees within 180 days of enactment of this Act describing
all such projects carried out since fiscal year 2001, and
describing whether they were included in the President's budget
request for the fiscal year in which funds were appropriated
for their use. The report should also describe whether the
project was completed on time and on budget according to the
original contract amount for the project.
Use of operation and maintenance funding to support community
adjustments related to realignment of military installations
and relocation of military personnel on Guam
The House bill contained a provision (sec. 2831) that
would authorize the Secretary of Defense to assist the
Government of Guam in meeting the costs of providing increased
municipal services and facilities associated with the
realignment of military forces to the territory of Guam. This
authorization would be provided if the Secretary determines
that an unfair and excessive financial burden will be incurred
by the Government of Guam to provide the services and
facilities in the absence of the Secretary's assistance. This
authority would expire on September 30, 2020.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to submit a
review of public infrastructure required to support the
realignment of U.S. Armed Forces to Guam and report to the
congressional defense committees by June 1, 2013.
The report should provide an assessment of public
infrastructure projects that have received federal funding to
date that are intended to directly or indirectly support the
realignment of U.S. Armed Forces to Guam. The assessment should
also include a description of each project, the source of
federal funds for each project, and the requirement for each
project.
In addition, the review shall provide an assessment of
public infrastructure projects that may be required to directly
or indirectly support the realignment of Marines from Okinawa
to Guam that could, under existing federal law, receive funding
from the Federal Government. The assessment shall include a
description of each project, the potential source of all funds
for each project, the estimated cost, and whether projects
funded by federal sources fall within the responsibility of a
federal department or agency.
Inclusion of religious symbols as part of military memorials
The House bill contained a provision (sec. 2861) that
would add a new section to chapter 21 of title 36, United
States Code, and would authorize the inclusion of religious
symbols as part of a military memorial that is established or
acquired by the U.S. Government. This section would also
authorize the inclusion of religious symbols on certain
military memorials that are not established by the U.S.
Government.
The Senate amendment contained no similar provision.
The House recedes.
Use of project labor agreements in military construction projects and
military family housing projects
The House bill contained a provision (sec. 2806) that
would prohibit the use of project labor agreements in military
construction projects and military family housing projects.
The Senate amendment contained no similar provision.
The House recedes.
Definition of renewable energy source for Department of Defense energy
security
The House bill contained a provision (sec. 2824) that
would amend section 2924(7)(A) of title 10, United States Code,
to categorize direct use solar technologies as a type of
renewable energy source for the Department of Defense.
The Senate amendment contained no similar provision.
The House recedes.
Execution of the Chemistry and Metallurgy Research Replacement nuclear
facility and limitation on alternate plutonium strategy
The House bill contained a provision (sec. 2805) that
would require the Secretary of Defense, in coordination with
the Administrator of the National Nuclear Security
Administration (NNSA), to request such funds in fiscal year
2014 and subsequent fiscal years under the military
construction authority provided by section 2804 of the House
bill to ensure the Chemistry and Metallurgy Research
Replacement (CMRR) nuclear facility achieves full operational
capability by 2024. Finally, this section would limit any funds
authorized to be appropriated by this Act or any other Act from
being obligated or expended on any activities associated with a
plutonium strategy for the NNSA that does not include achieving
full operational capability of the CMRR nuclear facility by
fiscal year 2024.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that sec. 3114 of the conference
agreement would require the Secretary of Energy to carry out
the CMRR project and limits funding from being obligated or
expended on any activities associated with a plutonium strategy
that does not include achieving full operational capability of
the CMRR facility by 2026.
Treatment of certain defense nuclear facility construction projects as
military construction
The House bill contained a provision (sec. 2804) that
would mandate that certain construction projects of the
National Nuclear Security Administration (NNSA) be deemed
military construction projects and require that such projects
therefore be subject to: (1) the advance-project authorization
requirement of section 2802(a) of title 10, United States Code,
and other requirements of chapter 169 of such title related to
military construction projects carried out by the Secretary of
Defense; and (2) annual acts authorizing military construction
projects (and authorizing the appropriation of funds therefor)
for a fiscal year. This section would also require that the
Chemistry and Metallurgy Research Building Replacement (CMRR)
project, in Los Alamos, New Mexico, the Uranium Processing
Facility (UPF) project, in Oak Ridge, Tennessee, and any
nuclear facility of the NNSA initiated on or after October 1,
2013, that is estimated to cost more than $1.0 billion (and is
intended to be primarily utilized to support NNSA's nuclear
weapons activities), be treated as military construction
projects. Further, this section would authorize, as military
construction, the CMRR project in the amount of $3.5 billion
and the UPF project in the amount of $4.2 billion.
The Senate amendment contained no similar provision.
The House recedes.
Authority to accept as consideration for leases of non-excess property
of military departments and defense agencies real property
interests and natural resource management services related to
agreements to limit encroachment
The Senate amendment contained a provision (sec. 2811)
that would amend section 2667 of title 10, United States Code,
to allow authorities under the enhanced use lease program to be
used to develop buffer areas around military installations.
The House bill contained no similar provision.
The Senate recedes.
Plan to protect Department of Defense critical assets from
electromagnetic pulse weapons
The House bill contained a provision (sec. 2815) that
would require the Department of Defense to provide a plan to
protect defense critical assets and other equipment at military
facilities from the adverse effects of electromagnetic pulse
(EMP) and high-powered microwave weapons.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense is
already planning to provide the congressional defense
committees with a number of reports related to planning and
preparations for potential EMP events, including reports
required by section 1048 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417),
and the report required by the House report (H. Rept. 112-78)
accompanying the National Defense Authorization Act for Fiscal
Year 2012 (H.R. 1540).
The conferees note that the first report required by
section 1048, submitted in February 2011, included a detailed
discussion of the Department's plans, programs, and processes,
in place and planned, for protecting the Department's mission
critical systems against potential EMP attack. The Department
updated this information in the second report required by
section 1048, submitted in January 2012. Furthermore, the
conferees understand that the Department plans to provide
additional information on the status of the Department's
programs and plans to protect its mission critical systems
against possible EMP attack in future versions of the reports
required under section 1048. These reports will include
information on the implementation of Department of Defense
Instruction 3150.09, the ``Chemical, Biological, Radiological,
and Nuclear Survivability Policy,'' and any updates to that
policy, including information relating to the protection of
mission critical systems and their associated facilities
against EMP attack. The conferees understand that these reports
will also include a discussion of the Department's strategy and
planning for mission assurance related to defense critical
assets, as defined by Department of Defense Directive 3020.40
titled ``DoD Policy and Responsibilities for Critical
Infrastructure.'' The conferees direct the Department to
include with the next report required by section 1048 an
assessment of the defense critical asset program's ability to
withstand an electromagnetic pulse. The conferees further
direct the Department to provide a briefing to the
congressional defense committees, not later than March 15,
2013, on implementation of its mission assurance strategy,
particularly as it pertains to defense critical assets.
Retention of core functions of the Electronic Systems Center at Hanscom
Air Force base, Massachusetts
The House bill contained a provision (sec. 2867) that
would require the Secretary of the Air Force to retain the core
functions of the Electronic Systems Center at Hanscom Air Force
Base, Massachusetts, with the same integrated mission elements,
responsibilities, and capabilities as existed as of November 1,
2011, until such time as such integrated mission elements,
responsibilities, and capabilities are modified pursuant to
section 2687 of title 10, United States Code, or a subsequent
law providing for the closure or realignment of military
installations in the United States.
The Senate amendment contained a similar provision (sec.
1710) that would levy the same requirement on the Secretary of
the Air Force until 180 days after the National Commission on
the Structure of the Air Force submits its report to the
congressional defense committees.
The conference agreement does not include the provisions.
The conferees note that the Air Force has embarked on a
significant reorganization of the Air Force Material Command
(AFMC) that the Secretary of the Air Force indicates will
improve warfighter support, drive standard processes, improve
life cycle acquisition management and reduce overhead.
Specifically, the Air Force has proposed a reduction of more
than 1,000 positions across the Command that represents an
annual savings of more than $100.0 million. As the Air Force
implements this reorganization, the conferees expect the
Secretary to rigidly adhere to the reporting requirements
contained in section 2687 of title 10, United States Code
entitled ``Base Closures and Realignment.'' While the conferees
believe that it is imperative to generate efficiencies across
the entirety of the Air Force enterprise, the conferees also
believe it is essential to preserve critical functions and
capabilities at installations assigned to AFMC.
Retention of core functions of the Air Force Materiel Command, Wright-
Patterson Air Force Base, Ohio
The House bill contained a provision (sec. 2868) that
would require the Secretary of the Air Force to retain the core
functions of the Air Force Materiel Command that exist at
Wright-Patterson Air Force Base, Ohio, as of November 1, 2011,
until such time as such core functions are modified pursuant to
section 2687 of title 10, United States Code, or a subsequent
law providing for the closure or realignment of military
installations in the United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Air Force has embarked on a
significant reorganization of the Air Force Material Command
(AFMC) that the Secretary of the Air Force indicates will
improve warfighter support, drive standard processes, improve
life cycle acquisition management and reduce overhead.
Specifically, the Air Force has proposed a reduction of more
than 1,000 positions across the Command that represents an
annual savings of more than $100.0 million. As the Air Force
implements this reorganization, the conferees expect the
Secretary to rigidly adhere to the reporting requirements
contained in section 2687 of title 10, United States Code
entitled ``Base Closures and Realignment.'' While the conferees
believe that it is imperative to generate efficiencies across
the entirety of the Air Force enterprise, the conferees also
believe it is essential to preserve critical functions and
capabilities at installations assigned to AFMC.
Retention of core functions of the Air Traffic Control Station,
Johnstown Air National Guard Base, Pennsylvania
The House bill contained a provision (sec. 2871) that
would require the Secretary of the Air Force to retain the core
functions of the Air Traffic Control Station at Johnstown Air
National Guard Base, Pennsylvania, with the same integrated
mission elements, responsibilities, and capabilities as existed
as of November 1, 2011, until such time as such integrated
mission elements, responsibilities, and capabilities are
modified pursuant to section 2687 of title 10, United States
Code, or a subsequent law providing for the closure or
realignment of military installations in the United States.
The Senate amendment contained no similar provision.
The House recedes.
Title XXIX--Overseas Contingency Operations Military Construction
Legislative Provision Adopted
Authorized Navy construction and land acquisition project (sec. 2901)
The House bill contained a provision (sec. 2901) that
would contain the list of authorized Navy construction projects
for fiscal year 2013.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment. The
authorized amounts are listed on an installation by
installation basis. The list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
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
Overview
Title XXXI would authorize appropriations for atomic
energy defense activities of the Department of Energy for
fiscal year 2013, including: the purchase, construction, and
acquisition of plant and capital equipment; research and
development; nuclear weapons activities; nuclear
nonproliferation activities; naval nuclear propulsion;
environmental cleanup; operating expenses; and other expenses
necessary to carry out the purposes of the Department of Energy
Organization Act (Public Law 95-91). This title would authorize
appropriations in five categories: (1) National Nuclear
Security Administration (NNSA); (2) defense environmental
cleanup; (3) other defense activities; (4) defense nuclear
waste disposal; and (5) energy security and assurance. National
Nuclear Security Administration (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize $11.9 billion for the NNSA, an increase of
$401.6 million above the budget request.
The Senate amendment contained a similar provision (sec.
3101) that would authorize $11.6 billion for the NNSA, an
increase of $38.0 million above the budget request.
The conferees agree to include a provision that would
authorize $11.6 billion for the NNSA, an increase of $78.3
million above the budget request.
Within NNSA, the provision would authorize $7.7 billion
for weapons activities, an increase of $80.6 million above the
budget request; $2.5 billion for defense nuclear
nonproliferation, an increase of $27.0 million above the budget
request; $1.1 billion for naval reactors, the amount of the
budget request; and $382.0 million for the Office of the
Administrator, a decrease of $29.3 million below the budget
request.
Within weapons activities, for directed stockpile work
the provision would authorize $2.1 billion, an increase of
$59.0 million above the budget request. For campaigns, the
provision would authorize $1.7 billion, an increase of $32.0
million above the budget request. For readiness in the
technical base and facilities, the provision would authorize
$2.2 billion, the amount of the budget request.
Within defense nuclear nonproliferation, for
nonproliferation and verification research and development the
provision would authorize $548.2 million, the amount of the
budget request. For nonproliferation and international
security, the provision would authorize $150.1 million, the
amount of the budget request. For international nuclear
materials protection and cooperation, the provision would
authorize $311.0 million, the amount of the budget request. For
fissile materials disposition, the provision would authorize
$921.3 million, the amount of the budget request. For the
Global Threat Reduction Initiative, the provision would
authorize $493.0 million, an increase of $27.0 million above
the budget request.
Defense environmental cleanup (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize appropriations for fiscal year 2013 defense
environmental cleanup activities at $5.4 billion.
The Senate amendment contained a similar provision (sec.
3102) that would authorize appropriations for fiscal year 2013
defense environmental cleanup activities at $5.0 billion.
The conferees agree to include a provision that would
authorize appropriations for fiscal year 2013 defense
environmental cleanup activities at $5.0 billion.
Other defense activities (sec. 3103)
The House bill contained a provision (sec. 3103) that
would authorize appropriations for fiscal year 2013 other
defense activities at $685.7 million.
The Senate amendment contained a similar provision (sec.
3103) that would authorize appropriations for fiscal year 2013
other defense activities at $735.7 million.
The conferees agree to include a provision that would
authorize appropriations for fiscal year 2013 other defense
activities at $731.3 million.
Subtitle B-Program Authorizations, Restrictions, and Limitations
Authorized personnel levels of the Office of the Administrator (Sec.
3111)
The House bill contained a provision (sec. 3111) that
would amend the National Nuclear Security Administration Act
(50 U.S.C. 2401 et seq) by creating a new section 3241A that
would limit the total number of employees of the National
Nuclear Security Administration's (NNSA) Office of the
Administrator. The total number of employees of the Office of
the Administrator, as determined on a full-time equivalent
basis, would be limited to 1,730 beginning 180 days after
enactment of this Act, and 1,630 beginning October 1, 2014.
This section would exclude from counting toward this limit the
employees of the Office of Naval Reactors, the employees of the
Office of Secure Transportation, and members of the Armed
Forces who are detailed to NNSA. This section would also amend
section 3241 of the National Nuclear Security Administration
Act (50 U.S.C. 2441) to increase from 300 to 450 the number of
scientific, engineering, and technical positions in the NNSA.
The Senate amendment contained a similar provision (sec.
3118) that would amend section 3241 of the National Nuclear
Security Act (50 U.S.C. 2441) by increasing the ability of the
Administrator to hire up to 700 contracting, scientific,
engineering, and technical positions under hiring authorities
used by the former Atomic Energy Commission (42 U.S.C.
2201(d)).
The Senate recedes with an amendment that would cap the
number of full time employees to 1,825 by October 1, 2014.
Thereafter, the Administrator would not be authorized to exceed
this total number of employees unless the Administrator submits
a report to the congressional defense committees. The amendment
would also increase the number of excepted positions to 600 and
allow such positions to include contracting and program
management. The conferees intend contracting and program
management to include budget planning expertise. Finally, the
amendment requires the Administrator to ensure that the
expertise of the national security laboratories and the nuclear
weapons production facilities is available to government
agencies by maintaining a robust program of temporary
assignments through the Intergovernmental Personnel Act of 1970
(5 U.S.C. 3371 et seq) and other similar programs.
Budget justification materials (sec. 3112)
The House bill contained a provision (sec. 3112) that
would require the Administrator for Nuclear Security to include
in the annual budget request, beginning with fiscal year 2014,
an assessment of how that budget maintains the core nuclear
weapons skills of its personnel, including nuclear weapons
design, engineering, production, testing, and prediction of
stockpile aging.
The Senate amendment contained no similar provision.
The Senate recedes.
National Nuclear Security Administration Council (sec. 3113)
The House bill contained a provision (sec. 3114) that
would amend section 4102 of the Atomic Energy Defense Act (50
U.S.C. 2512) to streamline statutory requirements related to
the management structure of the National Nuclear Security
Administration (NNSA). This section would also reform and
broaden the mandate of the Defense Programs Management Council
and rename it the ``National Nuclear Security Administration
Council''. The Council would advise the Administrator for
Nuclear Security on scientific and technical issues related to
policy matters, and on operational concerns, strategic
planning, and development of priorities related to the nuclear
security enterprise and to the mission and operations of the
NNSA. The Council would be composed of the directors of NNSA's
national security laboratories and nuclear weapons production
facilities. This section would also provide the Council the
authority to provide recommendations to the Administrator or
the Secretary of Energy, and would require the Administrator or
the Secretary to provide a response to the Council within 60
days of receiving such a recommendation.
The Senate amendment included no similar provision.
The Senate recedes with a clarifying amendment.
Replacement project for Chemistry and Metallurgy Research Building, Los
Alamos National Laboratory, New Mexico (sec. 3114)
The Senate amendment contained a provision (sec. 3111)
that would direct the Secretary of Energy and the Administrator
of the National Nuclear Security Administration (NNSA) to
construct a building to replace the functions of the existing
Chemistry and Metallurgy Research Building at Los Alamos
National Laboratory associated with Department of Energy (DOE)
Hazard Category 2 special nuclear material operations.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$70.0 million for restarting design and engineering of the
replacement for the Chemistry and Metallurgy Research Building,
which was ``deferred for at least 5 years'' in February 2012.
The amendment requires that no funds shall be obligated or
expended for a plutonium strategy that does not include
achieving full operational capability of the replacement
facility by December 31, 2026. The Nuclear Weapons Council has
stated the replacement facility must be operational by 2028-
2030. Furthermore, the amendment directs the Deputy
Administrator for Naval Reactors to submit a report on the
replacement project to the congressional defense committees not
later than 18 months after the date of enactment of this Act
analyzing the cost, benefits, and risks with respect to nuclear
safety and recommendations on project structure, oversight
model, and potential cost savings. Lastly, the amendment allows
for the Secretary of Energy to incorporate such recommendations
into the project as the Secretary considers appropriate.
Design and use of prototypes of nuclear weapons (sec. 3115)
The House bill contained a provision (sec. 3116) that
would require the Administrator for Nuclear Security to develop
and carry out a plan for the national nuclear weapons
laboratories and nuclear weapons production plants to design
and build prototypes of nuclear weapons to further intelligence
assessments of foreign nuclear weapons activities. This section
would also prohibit the Administrator from conducting any
experiment that would produce a nuclear yield.
The Senate amendment contained no similar provision.
The Senate recedes.
Two-year extension of schedule for disposition of weapons-usable
plutonium at Savannah River Site, Aiken, South Carolina (sec.
3116)
The House bill contained a provision (sec. 3122) that
would provide a 2 year extension to the schedule for the
disposition of weapons-usable plutonium at the Savannah River
Site, located in Aiken, South Carolina.
The Senate amendment contained a similar provision (sec.
3113).
The House recedes.
Transparency in contractor performance evaluations by the National
Nuclear Security Administration leading to award fees (sec.
3117)
The House bill contained a provision (sec. 3157) that
expressed the sense of Congress that the use of competition of
management and operating contracts at the National Nuclear
Security Administration (NNSA) has resulted in significant
increases in award fees to the contractors and that the NNSA
Administrator should ensure that such fees are as low as
possible while maintaining the focus on national service and
attracting high quality contractors.
The Senate amendment contained a similar provision (sec.
3117) that would require the NNSA Administrator to publish, to
the maximum extent practicable, the performance evaluations
developed by its site offices that result in award fees to
contractors. The provision also requires that future
publications of performance evaluations adhere to a common
format to facilitate comparisons of evaluations between similar
contracts.
The House recedes with a clarifying amendment.
The conferees direct the NNSA Administrator to provide a
report to Congress not later than 180 days after the date of
enactment of this Act regarding how the NNSA ensures the fees
to its management and operating contractors are as low as
possible while maintaining focus on national service and
attracting high quality contractors to operate its laboratories
and facilities.
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. 3118)
The Senate amendment contained a provision (sec. 3119)
that would expand the authority of the Secretary of Energy
under section 3132(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375) for
the Secretary to accept contributions from international
partners to all programs within the National Nuclear Security
Administration's Defense Nuclear Nonproliferation Program.
The House bill contained no similar provision.
The House recedes.
Limitation on availability of funds for Center of Excellence on Nuclear
Security (sec. 3119)
The House bill contained a provision (sec. 3121) that
would limit funds that may be obligated or expended by the
Secretary of Energy for fiscal year 2013 to not more than $7.0
million for a Center of Excellence on Nuclear Security in the
People's Republic of China until the date on which the
Secretary of Energy reviews, in coordination with the Secretary
of Defense, and submits a report to the Committees on Armed
Services of the Senate and the House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives certifying
that current and planned nonproliferation activities with China
are not directly or indirectly contributing to the
proliferation of nuclear weapons development and technology to
other nations.
The Senate amendment contained no similar provision.
The Senate recedes.
Improvement and streamlining of the missions and operations of the
Department of Energy and National Nuclear Security
Administration (sec. 3120)
The House bill contained a provision (sec. 3117) that
would require the Secretary of Energy and the Administrator for
Nuclear Security to revise various regulations, rules,
directives, orders, and policies to improve and streamline the
administration, execution, and oversight of the Department of
Energy and the National Nuclear Security Administration's
missions and operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
such revision occur to the extent practicable.
Cost-benefit analyses for competition of management and operating
contracts (sec. 3121)
The House bill contained a provision (sec. 3118) that
would require the Administrator for Nuclear Security to submit
a report to the congressional defense committees before the
Administrator releases any final request for proposals for
competition of any contract to manage and operate a facility of
the National Nuclear Security Administration. The report would
be required to include a cost-benefit analysis of the
competition that includes the expected costs and cost savings
resulting from the competition; a description of any disruption
or delay in mission activities or deliverables resulting from
the competition; a description of any benefits of the proposed
competition to mission performance or operations; and an
assessment of how the competition complies with the Federal
Acquisition Regulation regarding Federally Funded Research and
Development Centers, if applicable. This section would also
require the Comptroller General of the United States to submit
a review of the Administrator's report to the congressional
defense committees within 90 days of the Administrator
submitting any report pursuant to this section. The
requirements of this section would apply to any request for
proposals that is released by the Administrator during fiscal
years 2012 through 2017.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Administrator to issue a report to the congressional
defense committees not later than 30 days after the contract is
awarded.
Program on scientific engagement for nonproliferation (sec. 3122)
The House bill contained a provision (sec. 3120) that
would provide that not more than $8.0 million authorized to be
appropriated for fiscal year 2013 may be obligated or expended
for the Global Security through Science Partnerships (GSSP)
program, formally known as the Global Initiatives for
Proliferation Prevention (GIPP) program, until such time as the
Secretary of Energy submits a report to the appropriate
congressional committees on the plan to complete the GSSP
program by the end of calendar year 2015.
The Senate amendment contained a similar provision (sec.
3114) that would authorize a program for scientific engagement
of U.S. scientists with scientists in countries of concern with
respect to nonproliferation and require several conditions be
met before any expenditure of funds: (1) a nonproliferation
threat assessment of the country by the Director of National
Intelligence; (2) clear metrics for success so that the program
does not become stagnant in the country of concern; and (3)
rigorous accounting standards approved by the Government
Accountability Office to ensure that there is clear oversight
of the funds expended.
The Senate recedes with an amendment that would limit the
expenditure of funds for this program to not more than 50
percent of those authorized to be appropriated for fiscal year
2013 until the conditions contained in the Senate provision are
met and would authorize the program through fiscal year 2016.
The amendment would also require the program's administrator,
if the program is modified for a new country or program
element, to report to the congressional defense committees, the
Committee on Foreign Affairs of the Senate and the Committee on
Foreign Relations of the House of Representatives. The
amendment would also require the administrator to report to the
specified committees on coordination with respect to other
similar nonproliferation programs in the U.S. Government. The
conferees expect that the administrator would distribute any
and all such reports from this section with other committees of
interest in the Congress.
The conferees interpret section b(1)(B) to mean
accounting standards already approved and used by the
Comptroller General of the United States, and to be
incorporated by reference. The conferees expect this program to
be separate and distinct from the GIPP, which was started in
1994 and is terminated.
Cost containment for Uranium Capabilities Replacement Project (sec.
3123)
The Senate amendment contained a provision (sec. 3120)
that would add enhanced oversight of the Uranium Processing
Facility construction project by requiring separate and
distinct authorizations for each phase of the project and
capping the cost of the first phase of the project, replacing
building 9212, at $4.2 billion.
The House bill contained a provision (sec. 2804) that
would move the construction phase of the project to the
Department of Defense under its military construction
authorities.
The House recedes with an amendment that would rename the
project the ``Uranium Capabilities Replacement Project'' to
recognize the fundamental change to the project inherent in the
National Nuclear Security Administration's (NNSA) proposal to
phase the project and complete only a portion of the original
scope under the cost range previously established for the full
project. The conferees expect the NNSA Administrator to
expeditiously and efficiently carry out all phases of the
project to result in a smaller, more efficient, safer, and more
easily-secured infrastructure at NNSA Y-12 production plant.
The amendment would also require the Secretary of Energy to
procure the services of the Naval Facilities Engineering
Command to assist the Secretary with respect to program
management, oversight, and design activities of the project.
The Deputy Administrator of Naval Reactors would also be
required to conduct a study of the project regarding project
structure, oversight and potential cost savings. Further, the
Department of Defense Office of Cost Analysis and Program
Evaluation would be required to submit a report to the
congressional defense committees 180 days after enactment of
this Act reviewing the cost and schedule of the project. To
ensure long-term monitoring of the effort, the amendment would
require quarterly reporting by the Government Accountability
Office on the project. The conferees also encourage the
Department of Energy and the Defense Nuclear Facilities Safety
Board to resolve outstanding issues related to the design,
construction, and operations of the facility.
Subtitle C--Improvements to National Security Energy Laws
Improvements to the Atomic Energy Defense Act (sec. 3131)
The House bill contained a provision (sec. 3131) that
would make changes to the Atomic Energy Defense Act (50 U.S.C.
2501) to streamline the statute, update terminology, clarify
definitions, and make technical corrections.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Improvements to the National Nuclear Security Administration Act (sec.
3132)
The House bill contained a provision (sec. 3132) that
would make changes to the National Nuclear Security
Administration Act (Public Law 106-65) to streamline the
statute, repeal expired sections of the code, update
terminology, clarify definitions, and make technical
corrections.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Consolidated reporting requirements relating to nuclear stockpile
stewardship, management, and infrastructure (sec. 3133)
The House bill contained a provision (sec. 3134) that
would consolidate several existing reporting requirements in
sections 4202, 4203, 4203A, 4204, 4207, and 4208 of the Atomic
Energy Defense Act (Public Law 106-65) with section 3152 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106) into a new section.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Repeal of certain reporting requirements (sec. 3134)
The House bill contained a provision (sec. 3135) that
would repeal several recurring reporting requirements. First,
the provision would repeal the requirement in section 3134 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) for the Comptroller General of the United
States to submit a status report every 120 days to the
congressional defense committees on the environmental clean-up
projects conducted by the Department of Energy's Office of
Environmental Management with funds provided by the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5).
Second, the section would amend section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) to repeal the requirement
for the Secretary of Energy to annually submit to Congress an
update of the Department of Energy's defense nuclear facilities
workforce restructuring plan. Third, the section would amend
section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2168)
to eliminate the requirement that the Secretary of Energy
prepare a quarterly report that identifies information
determined to be Unclassified Controlled Nuclear Information
during the quarterly reporting period.
The Senate amendment contained two similar provisions
(sec. 3115 and 3135) related to the first and second repeals,
but did not have a provision related to the third repeal
regarding Unclassified Controlled Nuclear Information.
The Senate recedes.
Subtitle D--Reports
Reports on lifetime extension programs (sec. 3141)
The House bill contained a provision (sec. 3142) that
would require that before proceeding beyond phase 6.2
feasibility study and option down-select activities on any life
extension activities, the directors of the national nuclear
weapons laboratories shall submit to the congressional defense
committees a report on the lifetime extension program option
for the nuclear physics package, i.e., refurbishment, reuse,
and replacement, of that weapon and an assessment of why the
option selected was selected, including an assessment of pros
and cons of the other two options, including costs and other
considerations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Nuclear Weapons Council to submit the report with
additional clarifying provisions.
The conferees direct the Nuclear Weapons Council to
include in the report how cost was considered in the analysis
leading to the decision.
Notification of nuclear criticality and non-nuclear incidents (sec.
3142)
The House bill contained a provision (sec. 3141) that
would require the Administrator for Nuclear Security and the
Secretary of Energy to notify the appropriate congressional
committees of any nuclear criticality incident resulting from
programs of the National Nuclear Security Administration or the
defense environmental cleanup program which results in an
injury or fatality or results in the shut-down, or partial
shut-down, of a facility of the nuclear security enterprise or
of a facility of the Office of Environmental Management, within
15 days of such occurrence. The notification would include a
description of the incident, including the cause of the
incident, any mission impacts, and any corrective action taken
in response to the incident. The provision would also require
the Secretary and the Administrator to maintain a record of
these nuclear incidents and of any non-nuclear incidents that
result in serious bodily injury or a fatality. Finally, the
provision would require the Secretary and the Administrator to
submit a report to the appropriate congressional committees
within 90 days after the date of the enactment of this Act
detailing any such incidents that have occurred in the last 10
years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
only the Secretary of Energy to maintain a record of such
incidents since the Secretary can share such a record with the
Administrator.
Quarterly reports to Congress on financial balances for atomic energy
defense activities (sec. 3143)
The Senate bill contained a provision (sec. 3116) that
would amend the Atomic Energy Defense Act (division D of Public
Law 107-314) to require the Secretary of Energy to provide to
the congressional defense committees quarterly obligation and
expenditure rates for atomic energy defense programs based on
the control points of the conference report accompanying the
annual Energy and Water Development and Related Agencies
Appropriations Act.
The House bill contained no similar provision.
The House recedes.
National Academy of Sciences study on peer review and design
competition related to nuclear weapons (sec. 3144)
The House bill contained a provision (sec. 3143) that
would require the Administrator for Nuclear Security to enter
into an agreement with the National Academies of Science to
conduct a study of peer review and design competition related
to nuclear weapons. The Administrator would be required to
ensure the National Academies receives full and timely
cooperation from the National Nuclear Security Administration
and its contractors for the purposes of conducting the study.
The Administrator would be required to submit the report and
any recommendations of the National Academies, together with
any comments or recommendations, to the congressional defense
committees by December 15, 2014.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the due date for the report to Congress to no later than
September 30, 2014.
The conferees direct the Administrator to ensure that the
agreement with the National Academy of Sciences is conducted in
the most cost-effective manner possible.
Report on defense nuclear nonproliferation programs (sec. 3145)
The House bill contained a provision (sec. 3144) that
would require the Administrator of the National Nuclear
Security Administration (NNSA) to submit a report to the
appropriate congressional committees no later than March 1 of
each year from 2013 through 2015, detailing the Defense Nuclear
Nonproliferation (DNN) program's budget, objectives, and
metrics. This provision would also require an identification
and explanation of the foreign countries that are sharing the
cost burden of implementing DNN programs, a description of the
objectives and measurements for each DNN program, a description
of the threat of the proliferation of nuclear weapons and how
each DNN program counters these threats, and a description of
how the programs are prioritized to meet the most urgent
nonproliferation requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
Study on reuse of plutonium pits (sec. 3146)
The House bill contained a provision (sec. 3145) that
would require the Administrator for Nuclear Security to conduct
a study of the plutonium pits available, those that may become
available as a result of nuclear weapon dismantlement, and
assess the potential for reuse of these pits in future life
extension programs. The study would include an analysis of: the
feasibility and practicability of potential full or partial
reuse options; the benefits and risks of reusing plutonium
pits; the potential costs and cost savings; and the impacts of
reuse on the requirements for pit manufacturing. This section
would require the Administrator to submit a report on the
results of the study to the congressional defense committees
within 120 days after the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would increase
the due date of the report from 120 to 270 days after enactment
of this Act, require the Administrator to submit the report in
coordination with the Nuclear Weapons Council, add additional
technical assessments regarding dynamic loading conditions, the
stockpile-to-target sequence and testing facilities required to
resolve technical challenges in such an assessment.
The conferees note that pit reuse does not negate the
need for a responsive infrastructure to produce additional
plutonium pits. The conferees direct the Administrator to
provide an interim brief to the congressional defense
committees 120 days after the date of enactment of this Act.
Assessment of nuclear weapon pit production requirement (sec. 3147)
The House bill contained a provision (sec. 3155) that
would require the Secretary of Defense and the Secretary of
Energy, in coordination with the Commander of U.S. Strategic
Command, to jointly assess the annual plutonium pit production
requirement needed to sustain a safe, secure, and reliable
nuclear weapon arsenal. This section would require an update to
this report if the report submitted does not incorporate the
results of the currently ongoing Nuclear Posture Review
Implementation Study.
The Senate amendment contains no similar provision.
The Senate recedes with an amendment that requires, as
part of the assessment, an assessment of cost and national
security implications for various smaller and larger pit
production rates from the current 50-80 pit requirement. The
conferees note that rates including 10 to 20 pits per year, 20
to 30 pits per year, 30 to 50 pits per year, 50 to 80 pits per
year, and larger should be included as part of the analysis.
Study on a multiagency governance model for national security
laboratories (sec. 3148)
The House bill contained a provision (sec. 3146) that
would require the Administrator of the National Nuclear
Security Administration to commission an independent assessment
of transitioning the national security laboratories of the
Administration to multi-agency federally funded research and
development centers. The assessment shall be conducted by a
independent nongovernment entity classified by the Internal
Revenue Service under section 501(c)(3) of the Internal Revenue
Code of 1986 (Public Law 99-514).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
tax classification of the entity.
The conferees direct the Administrator to use the most
cost-effective means possible to conduct this assessment.
Report on efficiencies in facilities and functions of the National
Nuclear Security Administration (sec. 3149)
The Senate amendment contained a provision (sec. 3132)
that would require the Nuclear Weapons Council (NWC) to report
to the congressional defense committees no later than 180 days
after enactment of this Act, on the feasibility of
consolidation in the National Nuclear Security Administration
(NNSA) complex if excess facilities exist and consolidation
would reduce cost. If the NWC finds further consolidation is
feasible, the report would recommend a process for
consolidation. Furthermore, the Senate amendment would state
that no funds may be spent on phase CD-3 (start of
construction) of the Chemistry and Metallurgy Research
Replacement (CMRR) building, Department of Energy Project 04-D-
125 and the Uranium Processing Facility (UPF), 06-D-141 until
such report is transmitted to the congressional defense
committees.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the NWC to report on efficiencies in the facilities and
functions of the NNSA.
The conferees fully support all modernization efforts
underway at the NNSA. Due to the recent design changes at the
UPF, causing a year delay in CD-3, and the deferral of the
replacement for the CMRR building, the conferees expect the NWC
should be able to produce the required report without impact to
either project.
Study on regional radiological security zones (sec. 3150)
The Senate amendment contained a provision (sec. 3133)
that would require the National Nuclear Security Administration
to prepare a report on the feasibility of establishing
radiological security zones on a regional basis rather than on
a country by country case as is now done. The report would
include the estimated costs of establishing and monitoring such
zones through centralized monitoring centers. The report would
be due no later than 180 days after the date of enactment of
this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Government Accountability Office to prepare the report.
The conferees recognize the importance of securing
radiological sources and do not intend that this study assume
that these efforts should be given greater priority than
current efforts to remove and secure vulnerable fissile
materials.
Report on abandoned uranium mines (sec. 3151)
The Senate amendment contained a provision (sec. 3134)
that would require the Secretary of Energy to prepare a report
on abandoned uranium mines used by the U.S. atomic weapons
program. The report would be due 18 months after the date of
enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would require
consultation in preparing the report with the Secretary of
Interior and the Administrator of the Environmental Protection
Agency and clarify that the provision does not alter the
liability of any responsible or affected party.
Subtitle E--Other Matters
Use of probabilistic risk assessment to ensure nuclear safety (sec.
3161)
The House bill contained a provision (sec. 3151) that
would require the Administrator for Nuclear Security and the
Secretary of Energy to ensure that the methods for certifying
and overseeing nuclear safety at defense nuclear facilities of
the National Nuclear Security Administration (NNSA) and the
Department of Energy's Office of Environmental Management use
national and international standards and nuclear industry best
practices, including probabilistic risk assessment, for parts,
equipment, and systems for which sufficient data exists to
support such methods.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure
that the use of probabilistic risk assessments do not replace
the adequate protection standard outlined in section 182 of the
Atomic Energy Act of 1954 (P.L. 83-703 as amended) but to
supplement it consistent with the findings of Union of
Concerned Scientists v. NRC, 824 F. 2d 108, 120 (D.C. Circuit,
1987). In addition, the utilization and production of special
nuclear material will be in accordance with the common defense
and security of the United States.
Submittal to Congress of selected acquisition reports and independent
cost estimates on life extension programs and new nuclear
facilities (sec. 3162)
The House bill contained a provision (sec. 3154) that
would require the Secretary of Defense, acting through the
Director of Cost Assessment and Program Evaluation (CAPE) and
in coordination with the Administrator for Nuclear Security, to
assess the cost of options and alternatives for new life
extension programs and new nuclear facilities within the
nuclear security enterprise that are expected to cost more than
$500.0 million. This section would also require the Secretary
of Defense to submit a copy of these cost assessments to the
congressional defense committees within 30 days of their
completion. Finally, this section would provide the
Administrator for Nuclear Security the authority to ask the
Secretary of Defense to seek a CAPE assessment on other
initiatives of the National Nuclear Security Administration
that are expected to cost more than $500.0 million.
The Senate amendment contained a related provision (sec.
3112) that would require the National Nuclear Security
Administration to provide selected acquisition reports on each
nuclear weapon system undergoing life extension. The reports
shall be based on existing provisions in section 2432 of title
10, United States Code. The provision also recommends
independent cost estimates for nuclear weapons undergoing life
extension at the completion of phase 6.2A and before entering
Phase 6.5 of the unit.
The House recedes with an amendment that would combine
the two provisions into one section on Selected Acquisition
Reports and cost estimates.
Classification of certain restricted data (sec. 3163)
The House bill contained a provision (sec. 3153) that
would amend section 142 of the Atomic Energy Act of 1954 (42
U.S.C. 2162) to permit the Secretary of Energy, in conjunction
with the Secretary of Defense or the Director of National
Intelligence, to restore certain information related to the
design of nuclear weapons back into the Restricted Data
category. This provision would also make a technical correction
to subsection 142e of the Atomic Energy Act by updating the
term ``Director of Central Intelligence'' to ``Director of
National Intelligence'' to conform section 142e with the
transfer of functions contained in the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458).
The Senate amendment contained a similar provision (sec.
3121).
The House recedes with a clarifying amendment.
Advice to President and Congress regarding safety, security, and
reliability of United States nuclear weapons stockpile and
nuclear forces (sec. 3164)
The House bill contained a provision (sec. 3152) that
would transfer section 7274p of title 42, United States Code,
and re-designate it as section 4215 of the Atomic Energy
Defense Act (50 U.S.C. Chapter 42). The provision would also
amend and clarify the underlying statute to ensure that no
person, including representatives of the President, may prevent
or constrain a director of a national security laboratory, a
director of a nuclear weapons production facility, a member of
the Nuclear Weapons Council, or the Commander, U.S. Strategic
Command, from sharing his or her professional views with the
President, the National Security Council, or Congress. The
provision would require the Administrator for Nuclear Security
and the Secretary of Defense to establish classified mail
channels to enable such information to be transmitted directly
to Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that strikes the
subsection related to classified mail channels and clarifies
that the presentation of information related to the status of
and plans for the capabilities and infrastructure that support
and sustain the nuclear weapons stockpile and nuclear forces
should not be construed to affect the interagency budget
process.
As currently required by section 7274 of title 42, United
States Code, the conferees believe that all national leaders
require access to the objective, independent, and unfiltered
professional advice and opinions of the Nation's nuclear
weapons experts regarding the safety, security, effectiveness,
and reliability of the nuclear weapons stockpile, and reiterate
their strong support for ensuring Congress has unconstrained
access to such.
Pilot program on technology commercialization (sec. 3165)
The House bill contained a provision (sec. 3158) that
would authorize the Secretary of Energy to establish, in
coordination with the Technology Transfer Coordinator, a pilot
program on technology commercialization.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
pilot program to 2 years in duration and strike the requirement
for involvement of a non-profit entity. The amendment would
also require the Secretary of Energy to submit a report
describing the program or, if it is not carried out, why it was
not carried out.
The conferees direct the Secretary to ensure that any
pilot program carried out under this section is in the best
interests of the National Nuclear Security Administration and
to ensure that competitive procedures are used in selecting any
private entity to participate in such a program.
Congressional advisory panel on the governance of the nuclear security
enterprise (sec. 3166)
The Senate amendment contained a provision (sec. 3161)
that would establish a congressional advisory panel to make
recommendations with respect to revising the governance
structure of the National Nuclear Security Administration
(NNSA) to permit the Administration to operate more
effectively.
The House bill contained no similar provision.
The House recedes with an amendment that would create a
Congressional Advisory Panel on the Governance of the Nuclear
Security Enterprise to address the immediate and long-term
issues associated with the NNSA. In addition, the amendment
appoints four panel members each, by the Committee on Armed
Services of the House of Representatives, by the Committee on
Armed Services of the Senate, and by the Leadership of the
House and Senate.
The conferees note that this Panel is created in lieu of
the House receding in sections 3113, 3115, and 3133, and the
Senate receding in sections 3131 and 3141 to address many of
the issues the House identified in those provisions.
Subtitle F--American Medical Isotopes Production
American Medical Isotopes Act of 2012 (secs. 3171-3178)
The Senate amendment contained nine provisions (sections
3151-3159) that comprised a program to develop a domestic
supply of the medical isotope molybdenum-99 (MO-99) using low
enriched uranium while phasing out the export of highly
enriched uranium for production of medical isotopes. An
abbreviated description is as follows.
Section 3151 would provide a short title.
Section 3152 would define terms used throughout the Act.
Section 3153 would direct the Secretary of Energy to
establish a technology-neutral, cost-shared program to evaluate
and support projects for the domestic production of MO-99 for
medical uses without the use of highly enriched uranium.
Section 3154 would amend section 134 of the Atomic Energy
Act (AEA) of 1954 (42 U.S.C. 2160d), by striking subsection
(c), and by adding 5 new subsections designated (c) through
(f). New subsection (c) would prohibit the Nuclear Regulatory
Commission from issuing a license for the export of highly
enriched uranium for medical isotope production effective 7
years after the date of enactment. New subsection (d) would
permit the 7-year period in subsection (c) to be extended for
up to 6 additional years if the Secretary certifies that there
is insufficient global supply of MO-99 produced without the use
of highly enriched uranium to satisfy the domestic market and
that the export of highly enriched uranium is the most
effective temporary means to increase the domestic supply of
MO-99. New subsection (e) would require public notice and
comment on the certification. New subsection (f) would provide
for the suspension, for up to 12 months, of the prohibition on
the export licensing of highly enriched uranium after it has
become effective if there is a critical shortage of MO-99, the
Secretary certifies that the export of highly enriched uranium
is the only effective temporary means to increase the supply,
and Congress enacts a joint resolution approving the temporary
suspension. New subsection (g) would define terms used in
section 134 of the Atomic Energy Act of 1954.
Section 3155 would require the Chairman of the Nuclear
Regulatory Commission to submit to Congress a report on the
current disposition of previous exports of highly enriched
uranium used as targets of fuel in a nuclear research or test
reactor.
Section 3156 would add a new section 112 to the AEA to
authorize the Nuclear Regulatory Commission to license the use
in the United States of highly enriched uranium as a target for
medical isotope production only if, in addition to other
requirements of the AEA, the Commission determines that no low
enriched uranium target can be used in the reactor, and the
recipient has provided assurances that if a low enriched
uranium target can be used, it will be, and the Secretary
certifies that the United States Government is actively
supporting the development of low enriched uranium targets for
the reactor.
Section 3157 would require the Secretary to report to
Congress 1 year after the date of enactment of this Act, and
annually for the ensuing 5 years, on actions to support the
production of molybdenum-99 for medical uses without the use of
highly enriched uranium.
Section 3158 would require the National Academy of
Sciences to study the state of MO-99 production and use not
later than 5 years after the date of enactment of this Act.
Section 3159 would repeal The Nuclear Safety Research,
Development and Demonstration Act of 1980 (42 U.S.C. 9701 et
seq.).
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Department of Energy, as part of its program to develop a
domestic supply of MO-99 (section 3173), to produce MO-99 in a
cost effective manner and that the Nuclear Science Advisory
Committee, in addition to conducting annual reviews of the
program, make recommendations to improve the program's
effectiveness. In addition, the conferees expect that in
pursuing the program in Section 3173, the Secretary of Energy
shall ensure that the program is carried out in a technology
neutral manner to reduce the use of highly enriched uranium and
produce significant quantities of MO-99 for medical uses.
Demonstration of technology necessary to domestically produce
significant quantities of MO-99 for medical uses on a
commercial scale seeks to address potential civilian use supply
issues while also enhancing national security. Section 3173
requires the Secretary to cooperate with non-federal entities
and share the costs incurred in the development, demonstration,
and commercial application of the technology necessary to
achieve the goals of the program, including the civilian
medical applications.
The amendment would also make technical changes in
section 3174 and add a requirement that the Secretaries of
Energy and Health and Human Services must jointly certify that
before the provisions in subsections (c) and (d) take effect
there is a sufficient supply of MO-99 produced without the use
of highly enriched uranium available to meet the needs of the
patients in the United States; and that it is not necessary to
export United States-origin highly enriched uranium for the
purposes of medical isotope production in order to meet United
States patient needs. In addition, the joint certification
would be required not later than 7 years after the date of
enactment of this Act. If the period referred to in subsection
(c) is extended under subsection (d), the 7 year deadline would
be extended by a period equal to the period of such extension
under subsection (d).
The amendment would also strike the repeal of The Nuclear
Safety Research, Development and Demonstration Act of 1980 (42
U.S.C. 9701 et seq.).
Legislative Provisions Not Adopted
Contractor governance, oversight, and accountability
The House bill contained a provision (sec. 3113) that
would require the Administrator for Nuclear Security to
establish a reformed system of governance, management, and
oversight of the National Nuclear Security Administration
(NNSA). The House bill also contained a provision (sec. 3115)
that would require the Administrator to establish policies and
procedures for the regulation and oversight of health, safety,
and security of the nuclear security enterprise. Lastly, the
House bill also contained a provision (sec. 3133) that would
clarify the role of the Administrator and reinforce the semi-
autonomous nature of the NNSA.
The Senate amendment contained a provision (sec. 3131)
that would require the Secretary of Energy to submit a report
to the congressional defense committees on the actions required
to transition, to the maximum extent practicable, the
regulation of non-nuclear operations of the NNSA to federal
agencies other than the Department of Energy (DOE). The Senate
amendment also contained a provision (sec. 3161) that would
express a sense of Congress regarding any efforts to reform
oversight of the nuclear security enterprise.
The conference agreement does not include these
provisions.
The conferees emphasize that there is widespread
recognition that the current system for governance, management,
and oversight of the nuclear security enterprise is broken. For
instance, in 2009 the bipartisan Congressional Commission on
the Strategic Posture of the United States found that ``the
governance structure of the NNSA is not delivering the needed
results. This governance structure should be changed.'' The
Commission elaborated, saying, ``The NNSA was formed to improve
management of the weapons program and to shelter that program
from what was perceived as a welter of confusing and
contradictory DOE directives, policies, and procedures. Despite
some success, the NNSA has failed to meet the hopes of its
founders. Indeed, it may have become part of the problem,
adopting the same micromanagement and unnecessary and obtrusive
oversight that it was created to eliminate.'' The Commission
concluded ``it is time to consider fundamental changes.''
Recent studies by the Henry L. Stimson Center (``Leveraging
Science for Security''), the National Academies of Science
(``Managing for High-Quality Science and Engineering at the
NNSA National Security Laboratories'' and ``The Comprehensive
Nuclear Test Ban Treaty--Technical Issues for the United
States'') and other objective, bipartisan groups have reached
similar conclusions.
The conferees share the concerns expressed by these
myriad groups, and believe the status quo is not working and
must not be continued. The weaknesses of the current system,
including an overly bureaucratic system, weak accountability,
ineffective oversight, insufficient program and budget
expertise, and poor contract management have been repeatedly
demonstrated--including by recent high-profile failures such as
the July 2012 security breach at the Y-12 National Security
Complex. These incidents prove that a deeply bureaucratic
system is no guarantee of health, safety, and security--and may
in fact jeopardize health, safety, and security.
Furthermore, the conferees believe that the current
system is not delivering the results required by the military
and by the taxpayer. The cost of major stockpile and
infrastructure modernization projects has risen to
unprecedented levels due, in part, to the overwhelming
bureaucracy within the system. Further slippage in project
schedules is unacceptable, and could undermine the credibility
of the nation's nuclear deterrent. Administrative costs within
the NNSA and the nuclear security enterprise must be reduced
and the enterprise must be refocused on accomplishing its
mission effectively and efficiently, as well as safely and
securely.
The conferees expect the advisory panel that would be
created elsewhere in this Act to provide a bipartisan solution
to fix this system. The conferees expect the advisory panel
would provide actionable recommendations that directly address
the host of systemic problems identified by previous studies
and by the conferees. The conferees believe changes on the
margins are not a solution.
Limitation on availability of funds for inertial confinement fusion
ignition and high yield campaign
The House bill contained a provision (sec. 3119) that
would limit the obligation and expenditure of funds for fusion
ignition research and experiments to not more than 50 percent
until the Administrator for Nuclear Security certifies to the
congressional defense committees that fusion ignition has been
achieved at the National Ignition Facility (NIF) or the
Administrator submits a report on fusion ignition.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are pleased that the National Nuclear
Security Administration has submitted the report required in
section 3119 of the House bill regarding a path forward for the
NIF, including fusion ignition. The conferees believe that the
NIF should continue to balance the goal of achieving ignition
with other stockpile needs as part of the life extension
programs as well as ongoing work for other agencies and offices
in the Department of Energy.
Limitation on availability of funds for nuclear nonproliferation
activities with Russian Federation
The House bill contained a provision (sec. 3123) that
would limit Cooperative Threat Reduction funding to Russia
until the Secretary of Energy, in coordination with the
Secretaries of State and Defense, certify to the congressional
defense committees that Russia is not providing direct or
indirect support to the Syrian government to suppress the
Syrian people and that Russia is not providing equipment and
technology to Syria, Iran, or North Korea that have the
potential to make a material contribution to the development of
weapons of mass destruction or cruise or ballistic missile
systems controlled under multilateral control lists.
The Senate amendment contained no similar provision.
The House recedes.
Intellectual property related to uranium enrichment
The House bill contained a provision (sec. 3156) that
would authorize the Secretary of Energy to make available, from
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013, not more than
$150.0 million for the development and demonstration of
domestic national security-related enrichment technologies.
Thirty days before making such funds available for these
purposes, the Secretary of Energy would be required to certify
to the congressional defense committees that such funds are
needed for national security purposes and describe what those
purposes are. If the Secretary chooses to make such funds
available, this section would require the Secretary to utilize
merit selection procedures and execute an agreement with the
recipient of such funds. The agreement would include a
requirement for the recipient to achieve specific technical
criteria by dates not later than June 30, 2014, and require
that immediately upon execution of such agreement that the
recipient grant to the Federal Government a royalty-free, non-
exclusive license in all enrichment-related intellectual
property and associated technical data owned, licensed, or
otherwise controlled by the recipient. This section would also
require that any existing agreement between the Secretary of
Energy and the recipient be amended to permit the Secretary to
use or allow third parties to use such intellectual property
and associated technical data for national defense purposes.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that this domestic uranium enrichment
project is authorized for $150.0 million within the budget
tables for the National Nuclear Security Administration. The
conferees understand that the Department of Energy entered into
a cooperative agreement for this project and that this
cooperative agreement and other associated agreements include
taxpayer protections similar to those required by the House
provision. The conferees expect that the Department of Energy
will continue to take all actions necessary to ensure robust
taxpayer protections for the funds invested in this project.
Renewable energy
The Senate amendment contained a provision (sec. 3122)
that would amend the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)) by striking ``geothermal'' and inserting
``geothermal (including geothermal heat pumps)''.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense already
accounts for energy derived from geothermal heat pumps under
the broader construct of geothermal sources in meeting goals
for the use of renewable energy.
Title XXXII--Defense Nuclear Facilities Safety Board
Legislative Provisions Adopted
Authorization (sec. 3201)
The House bill contained a provision (sec. 3201) that
would authorize $31.4 million to be appropriated for the
Defense Nuclear Facilities Safety Board (DNFSB), which is $2.0
million above the fiscal year 2013 budget request.
The Senate amendment contained a similar provision (sec.
3201) that would authorize $29.4 million to be appropriated for
the DNFSB, which is the fiscal year 2013 budget request.
The House recedes.
Improvements to the Defense Nuclear Facilities Safety Board (sec. 3202)
The House bill contained a provision (sec. 3202) that
would amend the enabling statute of the Defense Nuclear
Facilities Safety Board (DNFSB) (42 United States Code, section
2286) to provide congressional direction regarding the DNFSB's
operation, clarify the DNFSB's mission, and improve
collaboration between the DNFSB and the Department of Energy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the sharing of draft recommendations between the DNFSB and the
Department of Energy before a final recommendation is
published. The provision would also require the DNFSB, where
feasible, to account for risk in its recommendations. The
conferees believe accounting for risk does not replace the
adequate protection standard outlined in section 182 of the
Atomic Energy Act (AEA) of 1954 (42 United States Code, section
2011), but to supplement it consistent with the findings of
Union of Concerned Scientists v. NRC, 824 F. 2d 108, 120 (D.C.
Circuit, 1987). The amendment would also require the DNFSB to
obtain the services of an inspector general consistent with the
Inspector General Act of 1978 (5 U.S.C. App.). The conferees
intend the procurement of such services shall be in addition to
the underlying budget of the DNFSB. Accordingly, the
requirement would be established that the procurement of
inspector general services shall be a separate budget line in
the DNFSB's annual budget submission to the Congress.
The conferees highlight that, per the AEA, the Secretary
of Energy has a statutory responsibility to balance national
security requirements, cost, and safety of the nuclear security
enterprise. Further, section 312(a)(5) of the AEA requires the
DNFSB, in making its recommendations, ``to consider the
technical and economic feasibility of the recommended
measures.'' To better understand how the DNFSB considers such
issues, the conferees direct the Chairman of the DNFSB to
submit a report to the congressional defense committees by
February 15, 2013, regarding how the DNFSB considers the
technical and economic feasibility of implementing its
recommended measures.
Title XXXIV--Naval Petroleum Reserves
Legislative Provision Adopted
Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that
would authorize $14.9 million for fiscal year 2013 for
operation and maintenance of the Naval Petroleum and Oil
Reserves.
The Senate amendment contained no similar provision.
The Senate recedes.
Title XXXV--Maritime Administration
Legislative Provisions Adopted
Authorization of appropriations for national security aspects of the
merchant marine for fiscal year 2013 (sec. 3501)
The House bill contained a provision (sec. 3501) that
would authorize appropriations for the Maritime Administration
of the Department of Transportation for those activities of the
Maritime Administration associated with maintaining national
defense sealift.
The Senate amendment contained no similar provision.
The Senate recedes.
Application of the Federal Acquisition Regulation (sec. 3502)
The House bill contained a provision (sec. 3502) that
would clarify that the appropriate version of the Federal
Acquisition Regulations to be applied to a contract for
purchase of recycling services is the version in effect at the
time the contract is awarded.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation of National Defense Reserve Fleet vessels to those over
1,500 gross tons (sec. 3503)
The House bill contained a provision (sec. 3503) that
would clarify that vessels in the National Defense Reserve
Fleet are to be 1,500 gross tons or greater and those vessels
the Secretary of Transportation determines are appropriate to
be included in the National Defense Reserve Fleet.
The Senate amendment contained no similar provision.
The Senate recedes.
Donation of excess fuel to maritime academies (sec. 3504)
The House bill contained a provision (sec. 3504) that
would authorize the Maritime Administration, with the
concurrence of the owner of the fuel or excess equipment, to
donate excess fuel or equipment on National Defense Reserve
Fleet vessels to the State Maritime Academies to carry out
training. In the case of Ready Reserve Force vessels, the
Maritime Administration would be required to consult with the
Secretary of the Navy before donating such fuel or equipment to
the Academies.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of heading (sec. 3505)
The House bill contained a provision (sec. 3505) that
would make a purely technical correction to change the title of
section 57103 of title 46, United States Code, from ``Sale of
Obsolete Vessels in the National Defense Reserve Fleet'' to
``Donation of Non-Retention Vessels in the National Defense
Reserve Fleet.''
The Senate amendment contained no similar provision.
The Senate recedes.
Transfer of vessels to the National Defense Reserve Fleet (sec. 3506)
The House bill contained a provision (sec. 3506) that
would clarify the Maritime Administration's authority to
receive vessels from the armed forces and other federal
entities, thereby enhancing the Administration's ability to
efficiently dispose of obsolete Government vessels.
The Senate amendment contained no similar provision.
The Senate recedes.
Amendments relating to the National Defense Reserve Fleet (sec. 3507)
The House bill contained a provision (sec. 3507) that
would allow the Maritime Administration to have flexibility in
determining when to conduct activations and sea trials of
vessels in the National Defense Reserve Fleet, while still
ensuring readiness in accordance with Department of Defense
readiness requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of Maritime Security Fleet program (sec. 3508)
The House bill contained a provision (sec. 3508) that
would: (1) extend the sunset date for the Maritime Security
Fleet Program (MSP) to September 30, 2025; (2) direct the
Maritime Administration to offer contracts for extending
contracts to current MPS participants before offering them to
other contractors; (3) authorize periodic increases to the MSP
stipend for participants through fiscal year 2025 to account
for inflation; and (4) prioritize new MSP contracts awards
according to Department of Defense priorities.
The Senate amendment contained no similar provision.
The Senate recedes.
Container-on-barge transportation (sec. 3509)
The Senate amendment contained a provision (sec. 3502)
that would require Maritime Administrator to assess the
potential for using container-on-barge transportation in short
sea transportation (as such term is defined in section 55605 of
title 46, United States Code). The Administrator would be
required to report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives within 180 days of enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Short sea transportation (sec. 3510)
The Senate amendment contained a provision (sec. 3503)
that would clarify certain definitions and applications of
provisions related to short sea transportation.
The House bill contained no similar provision.
The House recedes.
Maritime environmental and technical assistance (sec. 3511)
The Senate amendment contained a provision (sec. 3504)
that would amend Chapter 503 of title 46, United States Code,
to permit the Secretary of Transportation to engage in
environmental study, research, development, assessment, and
deployment of emerging marine technologies and practices
related to the marine transportation system.
The House bill contained no similar provision.
The House recedes.
Identification of actions to enable qualified United States flag
capacity to meet national defense requirements (sec. 3512)
The Senate amendment contained a provision (sec. 3505)
that would: (1) clarify the role of the Maritime Administrator
in granting waivers to navigation or vessel-inspection laws
when such waivers are determined to be in the interest of
national defense; and (2) expand the requirements to notify
Congress and the public promptly when such waivers are
requested or issued.
The House bill contained a similar provision (sec. 3509).
The House recedes.
Maritime workforce study (sec. 3513)
The Senate amendment contained a provision (sec. 3506)
that would require the Comptroller General to conduct a study
on the training needs of the maritime workforce. The provision
would require that the Comptroller General submit a report
within 1 year of the date of enactment of this Act to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committees on Armed
Services of the Senate and the House of Representatives.
The House bill contained no similar provision.
The House recedes.
Maritime administration vessel recycling contract award practices (sec.
3514)
The Senate amendment contained a provision (sec. 3507)
that would require the Comptroller General to conduct an
assessment of the source selection procedures and practices
used to award the Maritime Administration's National Defense
Reserve Fleet vessel recycling contracts. The provision would
require that the Comptroller General submit a report not later
than 1 year after the date of enactment of this Act to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committees on Armed
Services of the Senate and the House of Representatives.
The House bill contained no similar provision.
The House recedes.
Requirement for barge design (sec. 3515)
The Senate amendment contained a provision (sec. 3508)
that would require the Maritime Administrator to complete the
design for a containerized, articulated barge, as identified in
the dual-use vessel study carried out by the Administrator and
the Secretary of Defense, that would be able to utilize roll-
on/roll-off, or load-on/load-off technology in marine highway
maritime commerce. The provision would require that the
Administrator complete that design within 270 days after the
date of enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Eligibility to receive surplus training equipment (sec. 3516)
The Senate amendment contained a provision (sec. 3509)
that would expand the eligibility to receive surplus training
equipment from the Maritime Administration to include training
institutions that are instrumentalities of a State, Territory,
or Commonwealth of the United States or District of Columbia,
or that are instrumentalities of a unit of local government
within a State, Territory, or Commonwealth of the United States
or District of Columbia.
The House bill contained no similar provision.
The House recedes.
Coordination with other laws (sec. 3517)
The conferees understand that the Senate passed the Coast
Guard and Maritime Transportation Act of 2012 (H.R. 2838),
clearing the measure for the President. Some provisions in that
Act coincide with provisions in title XXXV of this Act. In most
cases, the language in the two Acts is identical, but in others
it is not.
Therefore, the conference agreement includes a provision
that would avoid sending conflicting guidance that could be
confusing about congressional intent.
Legislative Provision Not Adopted
Short title
The Senate amendment contained a provision (sec. 3501)
that would establish the title of this section as the
``Maritime Authorization Act for Fiscal Year 2013.''
The House bill contained no similar provision.
The Senate recedes.
DIVISION D--FUNDING TABLES
Authorization of amounts in funding tables (sec. 4001)
The House bill contained a provision (sec. 4001) that
would provide for the authorization of projects, programs, and
activities in accordance with the tables in Division D.
The Senate amendment contained a similar provision (sec.
4001).
The Senate recedes.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2013 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item ----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT...... 2 18,639 2 18,639 2 18,639 2 18,639
003 MQ-1 UAV.................. 19 518,088 19 518,088 19 518,088 19 518,088
004 RQ-11 (RAVEN)............. 234 25,798 234 25,798 234 25,798 234 25,798
ROTARY
006 HELICOPTER, LIGHT UTILITY 34 271,983 34 271,983 34 271,983 34 271,983
(LUH).
007 AH-64 APACHE BLOCK IIIA 40 577,115 40 577,115 40 577,115 40 577,115
REMAN.
008 ADVANCE PROCUREMENT 107,707 107,707 107,707 107,707
(CY).
009 AH-64 APACHE BLOCK IIIB 8 153,993 8 153,993 8 153,993 8 153,993
NEW BUILD.
010 ADVANCE PROCUREMENT 146,121 146,121 146,121 146,121
(CY).
013 UH-60 BLACKHAWK M MODEL 59 1,107,087 59 1,107,087 59 1,107,087 59 1,107,087
(MYP).
014 ADVANCE PROCUREMENT 115,113 115,113 115,113 115,113
(CY).
015 CH-47 HELICOPTER.......... 38 1,076,036 38 1,076,036 38 1,076,036 38 1,076,036
016 ADVANCE PROCUREMENT 83,346 83,346 83,346 83,346
(CY).
MODIFICATION OF AIRCRAFT
018 MQ-1 PAYLOAD--UAS......... 231,508 231,508 231,508 231,508
020 GUARDRAIL MODS (MIP)...... 16,272 16,272 16,272 16,272
021 MULTI SENSOR ABN RECON 4,294 4,294 4,294 4,294
(MIP).
022 AH-64 MODS................ 178,805 178,805 178,805 178,805
023 CH-47 CARGO HELICOPTER 39,135 39,135 39,135 39,135
MODS (MYP).
024 UTILITY/CARGO AIRPLANE 24,842 24,842 24,842 24,842
MODS.
026 UTILITY HELICOPTER MODS... 73,804 73,804 73,804 73,804
027 KIOWA WARRIOR MODS........ 192,484 192,484 192,484 192,484
029 NETWORK AND MISSION PLAN.. 190,789 190,789 190,789 190,789
030 COMMS, NAV SURVEILLANCE... 133,191 133,191 89,191 133,191
JTRS integration [-44,000]
delayed.
031 GATM ROLLUP............... 87,280 87,280 87,280 87,280
032 RQ-7 UAV MODS............. 104,339 104,339 104,339 104,339
GROUND SUPPORT AVIONICS
034 AIRCRAFT SURVIVABILITY 34,037 34,037 34,037 34,037
EQUIPMENT.
036 CMWS...................... 127,751 127,751 127,751 127,751
OTHER SUPPORT
037 AVIONICS SUPPORT EQUIPMENT 4,886 4,886 4,886 4,886
038 COMMON GROUND EQUIPMENT... 82,511 82,511 82,511 82,511
039 AIRCREW INTEGRATED SYSTEMS 77,381 77,381 77,381 77,381
040 AIR TRAFFIC CONTROL....... 47,235 47,235 47,235 47,235
041 INDUSTRIAL FACILITIES..... 1,643 1,643 1,643 1,643
042 LAUNCHER, 2.75 ROCKET..... 516 516 516 516
TOTAL AIRCRAFT 434 5,853,729 434 5,853,729 434 5,809,729 434 5,853,729
PROCUREMENT, ARMY.
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
001 PATRIOT SYSTEM SUMMARY.... 84 646,590 84 696,590 84 646,590 50,000 84 696,590
Additional PAC-3 [50,000] [50,000]
missiles.
002 MSE MISSILE............... 12,850 12,850 12,850 12,850
AIR-TO-SURFACE MISSILE
SYSTEM
004 HELLFIRE SYS SUMMARY...... 1,401 11,401 1,401 1,401
Program increase...... [10,000]
ANTI-TANK/ASSAULT MISSILE
SYS
005 JAVELIN (AAWS-M) SYSTEM 400 81,121 400 81,121 400 81,121 400 81,121
SUMMARY.
006 TOW 2 SYSTEM SUMMARY...... 1,403 64,712 1,403 64,712 1,403 64,712 1,403 64,712
007 ADVANCE PROCUREMENT 19,931 19,931 19,931 19,931
(CY).
008 GUIDED MLRS ROCKET (GMLRS) 1,608 218,679 1,608 218,679 1,608 218,679 1,608 218,679
009 MLRS REDUCED RANGE 2,430 18,767 2,430 18,767 2,430 18,767 2,430 18,767
PRACTICE ROCKETS (RRPR).
010 HIGH MOBILITY ARTILLERY 12,051 12,051 12,051 12,051
ROCKET SYSTEM.
MODIFICATIONS
011 PATRIOT MODS.............. 199,565 199,565 199,565 199,565
013 MLRS MODS................. 2,466 2,466 2,466 2,466
014 HIMARS MODIFICATIONS...... 6,068 6,068 6,068 6,068
SPARES AND REPAIR PARTS
016 SPARES AND REPAIR PARTS... 7,864 7,864 7,864 7,864
SUPPORT EQUIPMENT &
FACILITIES
017 AIR DEFENSE TARGETS....... 3,864 3,864 3,864 3,864
018 ITEMS LESS THAN $5 MILLION 1,560 1,560 1,560 1,560
(MISSILES).
019 PRODUCTION BASE SUPPORT... 5,200 5,200 5,200 5,200
TOTAL MISSILE 5,925 1,302,689 5,925 1,362,689 5,925 1,302,689 50,000 5,925 1,352,689
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
001 STRYKER VEHICLE........... 58 286,818 58 286,818 58 286,818 58 286,818
MODIFICATION OF TRACKED
COMBAT VEHICLES
003 STRYKER (MOD)............. 60,881 60,881 60,881 60,881
004 FIST VEHICLE (MOD)........ 57,257 57,257 57,257 57,257
005 BRADLEY PROGRAM (MOD)..... 148,193 288,193 148,193 140,000 288,193
Program increase...... [140,000] [140,000]
006 HOWITZER, MED SP FT 155MM 10,341 10,341 10,341 10,341
M109A6 (MOD).
007 PALADIN PIM MOD IN SERVICE 17 206,101 17 206,101 17 206,101 17 206,101
008 IMPROVED RECOVERY VEHICLE 31 107,909 51 169,909 31 230,909 20 62,000 51 169,909
(M88A2 HERCULES).
Program increase...... [20] [62,000] [123,000] [20] [62,000]
009 ASSAULT BREACHER VEHICLE.. 10 50,039 10 50,039 10 50,039 10 50,039
010 M88 FOV MODS.............. 29,930 29,930 29,930 29,930
011 M1 ABRAMS TANK (MOD)...... 129,090 129,090 129,090 129,090
012 ABRAMS UPGRADE PROGRAM.... 74,433 255,433 74,433 136,000 210,433
Program increase...... [181,000] [136,000]
012A ADVANCE PROCUREMENT (CY).. 91,000 0
Advanced procurement [91,000]
Abrams upgrade program.
SUPPORT EQUIPMENT &
FACILITIES
013 PRODUCTION BASE SUPPORT 1,145 1,145 1,145 1,145
(TCV-WTCV).
WEAPONS & OTHER COMBAT
VEHICLES
014 INTEGRATED AIR BURST 506 506 506
WEAPON SYSTEM FAMILY.
XM25 funding ahead of [-506]
need.
017 LIGHTWEIGHT .50 CALIBER 610 25,183 610 25,183 -610 -25,183 0
MACHINE GUN.
Program termination... [-610] [-25,183] [-610] [-25,183]
019 MORTAR SYSTEMS............ 8,104 8,104 8,104 8,104
021 XM320 GRENADE LAUNCHER 2,280 14,096 2,280 14,096 2,280 14,096 2,280 14,096
MODULE (GLM).
024 CARBINE................... 12,000 21,272 12,000 21,272 12,000 21,272 12,000 21,272
025 SHOTGUN, MODULAR ACCESSORY 2,107 6,598 2,107 6,598 2,107 6,598 2,107 6,598
SYSTEM (MASS).
026 COMMON REMOTELY OPERATED 240 56,725 240 56,725 240 56,725 240 56,725
WEAPONS STATION.
027 HOWITZER LT WT 155MM (T).. 13,827 13,827 13,827 13,827
MOD OF WEAPONS AND OTHER
COMBAT VEH
029 M777 MODS................. 26,843 26,843 26,843 26,843
030 M4 CARBINE MODS........... 27,243 27,243 27,243 27,243
031 M2 50 CAL MACHINE GUN MODS 39,974 39,974 39,974 39,974
032 M249 SAW MACHINE GUN MODS. 4,996 4,996 4,996 4,996
033 M240 MEDIUM MACHINE GUN 6,806 6,806 6,806 6,806
MODS.
034 SNIPER RIFLES 14,113 14,113 14,113 14,113
MODIFICATIONS.
035 M119 MODIFICATIONS........ 20,727 20,727 20,727 20,727
036 M16 RIFLE MODS............ 3,306 3,306 3,306 3,306
037 MODIFICATIONS LESS THAN 3,072 3,072 3,072 3,072
$5.0M (WOCV-WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5 MILLION 2,026 2,026 2,026 2,026
(WOCV-WTCV).
039 PRODUCTION BASE SUPPORT 10,115 10,115 10,115 10,115
(WOCV-WTCV).
040 INDUSTRIAL PREPAREDNESS... 442 442 442 442
041 SMALL ARMS EQUIPMENT 2,378 2,378 2,378 2,378
(SOLDIER ENH PROG).
SPARES
042 SPARES AND REPAIR PARTS 31,217 31,217 31,217 31,217
(WTCV).
TOTAL PROCUREMENT OF 17,353 1,501,706 17,373 1,884,200 16,743 1,690,523 -590 312,817 16,763 1,814,523
W&TCV, ARMY.
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.... 158,313 123,513 158,313 -34,800 123,513
Unit cost savings..... [-34,800] [-34,800]
002 CTG, 7.62MM, ALL TYPES.... 91,438 91,438 91,438 91,438
003 CTG, HANDGUN, ALL TYPES... 8,954 8,954 8,954 8,954
004 CTG, .50 CAL, ALL TYPES... 109,604 109,604 109,604 109,604
005 CTG, 20MM, ALL TYPES...... 4,041 4,041 4,041 4,041
006 CTG, 25MM, ALL TYPES...... 12,654 12,654 12,654 12,654
007 CTG, 30MM, ALL TYPES...... 72,154 54,154 35,154 -18,000 54,154
Pricing adjustments [-18,000] [-37,000] [-18,000]
for target practice
round and light-weight
dual-purpose round.
008 CTG, 40MM, ALL TYPES...... 60,138 60,138 -60,138 0
Decrease for excess... [-60,138] [-60,138]
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES.... 44,375 44,375 44,375 44,375
010 81MM MORTAR, ALL TYPES.... 27,471 27,471 27,471 27,471
011 120MM MORTAR, ALL TYPES... 87,811 87,811 87,811 87,811
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 112,380 112,380 112,380 112,380
AND 120MM, ALL TYPES.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 75MM 50,861 50,861 50,861 50,861
AND 105MM, ALL TYP.
014 ARTILLERY PROJECTILE, 26,227 26,227 26,227 26,227
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED RANGE 110,329 55,329 55,329 -55,000 55,329
XM982.
Excalibur I-b round [-55,000] [-55,000] [-55,000]
schedule delay.
016 ARTILLERY PROPELLANTS, 43,924 43,924 43,924 43,924
FUZES AND PRIMERS, ALL.
MINES
017 MINES & CLEARING CHARGES, 3,775 3,775 3,775 3,775
ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK MUNITIONS, 17,408 17,408 3,108 17,408
ALL TYPES.
Program decrease...... [-14,300]
ROCKETS
019 SHOULDER LAUNCHED 1,005 1,005 1,005 1,005
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 123,433 123,433 123,433 123,433
TYPES.
OTHER AMMUNITION
021 DEMOLITION MUNITIONS, ALL 35,189 35,189 35,189 35,189
TYPES.
022 GRENADES, ALL TYPES....... 33,477 33,477 33,477 33,477
023 SIGNALS, ALL TYPES........ 9,991 9,991 9,991 9,991
024 SIMULATORS, ALL TYPES..... 10,388 10,388 10,388 10,388
MISCELLANEOUS
025 AMMO COMPONENTS, ALL TYPES 19,383 19,383 19,383 19,383
026 NON-LETHAL AMMUNITION, ALL 7,336 7,336 7,336 7,336
TYPES.
027 CAD/PAD ALL TYPES......... 6,641 6,641 6,641 6,641
028 ITEMS LESS THAN $5 MILLION 15,092 15,092 15,092 15,092
029 AMMUNITION PECULIAR 15,692 15,692 15,692 15,692
EQUIPMENT.
030 FIRST DESTINATION 14,107 14,107 14,107 14,107
TRANSPORTATION (AMMO).
031 CLOSEOUT LIABILITIES...... 106 106 106 106
PRODUCTION BASE SUPPORT
032 PROVISION OF INDUSTRIAL 220,171 220,171 220,171 220,171
FACILITIES.
033 CONVENTIONAL MUNITIONS 182,461 182,461 182,461 182,461
DEMILITARIZATION, ALL.
034 ARMS INITIATIVE........... 3,377 3,377 3,377 3,377
TOTAL PROCUREMENT OF 1,739,706 1,631,906 1,573,268 -167,938 1,571,768
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 SEMITRAILERS, FLATBED:.... 27 7,097 27 7,097 27 7,097 27 7,097
002 FAMILY OF MEDIUM TACTICAL 1,248 346,115 1,248 346,115 1,248 396,115 1,248 346,115
VEH (FMTV).
Program increase for [50,000]
USAR.
003 FIRETRUCKS & ASSOCIATED 19,292 19,292 19,292 19,292
FIREFIGHTING EQUIP.
004 FAMILY OF HEAVY TACTICAL 1,534 52,933 1,534 52,933 1,534 52,933 1,534 52,933
VEHICLES (FHTV).
005 PLS ESP................... 18,035 18,035 18,035 18,035
009 TRUCK, TRACTOR, LINE HAUL, 12 3,619 12 3,619 12 3,619 12 3,619
M915/M916.
010 HVY EXPANDED MOBILE 60 26,859 60 26,859 60 26,859 60 26,859
TACTICAL TRUCK EXT SERV.
012 TACTICAL WHEELED VEHICLE 950 69,163 950 69,163 950 69,163 950 69,163
PROTECTION KITS.
013 MODIFICATION OF IN SVC 91,754 91,754 91,754 91,754
EQUIP.
NON-TACTICAL VEHICLES
018 PASSENGER CARRYING 2,548 2,548 2,548 2,548
VEHICLES.
019 NONTACTICAL VEHICLES, 16,791 16,791 16,791 16,791
OTHER.
COMM--JOINT COMMUNICATIONS
020 JOINT COMBAT 7,038 10,061 7,038 10,061 7,038 10,061 7,038 10,061
IDENTIFICATION MARKING
SYSTEM.
021 WIN-T--GROUND FORCES 2,166 892,635 2,166 872,635 2,166 892,635 -20,000 2,166 872,635
TACTICAL NETWORK.
Program adjustment.... [-20,000] [-20,000]
022 SIGNAL MODERNIZATION 45,626 45,626 45,626 45,626
PROGRAM.
023 JCSE EQUIPMENT (USREDCOM). 5,143 5,143 5,143 5,143
COMM--SATELLITE
COMMUNICATIONS
024 DEFENSE ENTERPRISE 23 151,636 23 151,636 23 151,636 23 151,636
WIDEBAND SATCOM SYSTEMS.
025 TRANSPORTABLE TACTICAL 6,822 6,822 6,822 6,822
COMMAND COMMUNICATIONS.
026 SHF TERM.................. 9,108 9,108 9,108 9,108
028 NAVSTAR GLOBAL POSITIONING 3,592 27,353 3,592 27,353 3,592 27,353 3,592 27,353
SYSTEM (SPACE).
029 SMART-T (SPACE)........... 98,656 98,656 98,656 98,656
031 GLOBAL BRDCST SVC--GBS.... 47,131 47,131 47,131 47,131
032 MOD OF IN-SVC EQUIP (TAC 39 23,281 39 23,281 39 23,281 39 23,281
SAT).
COMM--C3 SYSTEM
034 ARMY GLOBAL CMD & CONTROL 10,848 10,848 10,848 10,848
SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
035 ARMY DATA DISTRIBUTION 979 979 979 979
SYSTEM (DATA RADIO).
036 JOINT TACTICAL RADIO 11,059 556,250 11,059 521,250 11,059 526,250 -190,000 11,059 366,250
SYSTEM.
Funding ahead of need. [-35,000] [-30,000] [-190,000]
037 MID-TIER NETWORKING 86,219 76,219 86,219 86,219
VEHICULAR RADIO (MNVR).
Program adjustment.... [-10,000]
038 RADIO TERMINAL SET, MIDS 7,798 7,798 7,798 7,798
LVT(2).
039 SINCGARS FAMILY........... 9,001 9,001 9,001 9,001
040 AMC CRITICAL ITEMS--OPA2.. 108 24,601 108 24,601 108 24,601 108 24,601
041 TRACTOR DESK.............. 7,779 7,779 7,779 7,779
043 SPIDER APLA REMOTE CONTROL 34,365 19,365 13,365 -10,000 24,365
UNIT.
Funding ahead of need. [-15,000] [-21,000] [-10,000]
044 SOLDIER ENHANCEMENT 1,833 1,833 1,833 1,833
PROGRAM COMM/ELECTRONICS.
045 TACTICAL COMMUNICATIONS 12,984 12,984 12,984 12,984
AND PROTECTIVE SYSTEM.
047 GUNSHOT DETECTION SYSTEM 46 2,332 46 2,332 46 2,332 46 2,332
(GDS).
048 RADIO, IMPROVED HF (COTS) 1,132 1,132 1,132 1,132
FAMILY.
049 MEDICAL COMM FOR CBT 2,535 22,899 2,535 22,899 2,535 22,899 2,535 22,899
CASUALTY CARE (MC4).
COMM--INTELLIGENCE COMM
051 CI AUTOMATION ARCHITECTURE 1,564 1,564 1,564 1,564
052 RESERVE CA/MISO GPF 1,540 28,781 1,540 28,781 1,540 28,781 1,540 28,781
EQUIPMENT.
INFORMATION SECURITY
053 TSEC--ARMY KEY MGT SYS 6,087 23,432 6,087 23,432 6,087 23,432 6,087 23,432
(AKMS).
054 INFORMATION SYSTEM 2,469 43,897 2,469 43,897 2,469 43,897 2,469 43,897
SECURITY PROGRAM-ISSP.
COMM--LONG HAUL
COMMUNICATIONS
056 TERRESTRIAL TRANSMISSION.. 2,891 2,891 2,891 2,891
057 BASE SUPPORT 13,872 13,872 13,872 13,872
COMMUNICATIONS.
058 WW TECH CON IMP PROG 9,595 9,595 9,595 9,595
(WWTCIP).
COMM--BASE COMMUNICATIONS
059 INFORMATION SYSTEMS....... 142,133 142,133 142,133 142,133
061 INSTALLATION INFO 57,727 57,727 57,727 57,727
INFRASTRUCTURE MOD
PROGRAM(.
062 PENTAGON INFORMATION MGT 5,000 5,000 5,000 5,000
AND TELECOM.
ELECT EQUIP--TACT INT REL
ACT (TIARA)
065 JTT/CIBS-M................ 1,641 1,641 1,641 1,641
066 PROPHET GROUND............ 13 48,797 13 48,797 13 48,797 13 48,797
069 DCGS-A (MIP).............. 1,743 184,007 1,743 184,007 1,743 184,007 1,743 184,007
070 JOINT TACTICAL GROUND 5 2,680 5 2,680 5 2,680 5 2,680
STATION (JTAGS).
071 TROJAN (MIP).............. 21,483 21,483 21,483 21,483
072 MOD OF IN-SVC EQUIP (INTEL 2,412 2,412 2,412 2,412
SPT) (MIP).
073 CI HUMINT AUTO REPRINTING 7,077 7,077 7,077 7,077
AND COLLECTION.
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
075 LIGHTWEIGHT COUNTER MORTAR 43 72,594 43 72,594 43 72,594 43 72,594
RADAR.
076 CREW...................... 15,446 15,446 15,446 15,446
078 COUNTERINTELLIGENCE/ 1,470 1,470 1,470 1,470
SECURITY COUNTERMEASURES.
079 CI MODERNIZATION.......... 1,368 1,368 1,368 1,368
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 FAAD GBS.................. 7,980 7,980 7,980 7,980
081 SENTINEL MODS............. 70 33,444 70 33,444 70 33,444 70 33,444
082 SENSE THROUGH THE WALL 6,212 6,212 -6,212 0
(STTW).
Slow execution of [-6,212] [-6,212]
prior years
appropriations.
083 NIGHT VISION DEVICES...... 8,687 166,516 8,687 166,516 8,687 166,516 8,687 166,516
085 NIGHT VISION, THERMAL WPN 82,162 82,162 82,162 82,162
SIGHT.
086 SMALL TACTICAL OPTICAL 20,717 20,717 20,717 20,717
RIFLE MOUNTED MLRF.
089 GREEN LASER INTERDICTION 1,014 1,014 1,014 1,014
SYSTEM (GLIS).
090 INDIRECT FIRE PROTECTION 29,881 29,881 29,881 29,881
FAMILY OF SYSTEMS.
091 PROFILER.................. 136 12,482 136 12,482 136 12,482 136 12,482
092 MOD OF IN-SVC EQUIP 3,075 3,075 3,075 3,075
(FIREFINDER RADARS).
094 JOINT BATTLE COMMAND-- 1,032 141,385 1,032 141,385 1,032 141,385 1,032 141,385
PLATFORM (JBC-P).
096 MOD OF IN-SVC EQUIP (LLDR) 22,403 22,403 22,403 22,403
098 MORTAR FIRE CONTROL SYSTEM 29,505 29,505 29,505 29,505
099 COUNTERFIRE RADARS........ 13 244,409 13 244,409 13 244,409 13 244,409
100 ENHANCED SENSOR & 2,426 2,426 2,426 2,426
MONITORING SYSTEM (WMD)
ENHANCED SENSOR &
MONITORING SYSTEM (WMD).
ELECT EQUIP--TACTICAL C2
SYSTEMS
101 TACTICAL OPERATIONS 133 30,196 133 30,196 133 30,196 133 30,196
CENTERS.
102 FIRE SUPPORT C2 FAMILY.... 1,642 58,903 1,642 58,903 1,642 58,903 1,642 58,903
103 BATTLE COMMAND SUSTAINMENT 445 8,111 445 8,111 445 8,111 445 8,111
SUPPORT SYSTEM.
104 FAAD C2................... 5,031 5,031 5,031 5,031
105 AIR & MSL DEFENSE PLANNING 12 64,144 12 64,144 12 64,144 12 64,144
& CONTROL SYS.
106 KNIGHT FAMILY............. 11,999 11,999 11,999 11,999
107 LIFE CYCLE SOFTWARE 1,853 1,853 1,853 1,853
SUPPORT (LCSS).
108 AUTOMATIC IDENTIFICATION 14,377 14,377 14,377 14,377
TECHNOLOGY.
111 NETWORK MANAGEMENT 59,821 59,821 59,821 59,821
INITIALIZATION AND
SERVICE.
112 MANEUVER CONTROL SYSTEM 721 51,228 721 51,228 721 51,228 721 51,228
(MCS).
113 SINGLE ARMY LOGISTICS 5,976 176,901 5,976 176,901 5,976 176,901 5,976 176,901
ENTERPRISE (SALE).
114 RECONNAISSANCE AND 15,209 15,209 15,209 15,209
SURVEYING INSTRUMENT SET.
ELECT EQUIP--AUTOMATION
115 ARMY TRAINING 8,866 8,866 8,866 8,866
MODERNIZATION.
116 AUTOMATED DATA PROCESSING 129,438 129,438 129,438 129,438
EQUIP.
117 GENERAL FUND ENTERPRISE 9,184 9,184 9,184 9,184
BUSINESS SYS FAM.
118 CSS COMMUNICATIONS........ 2,062 20,639 2,062 20,639 2,062 20,639 2,062 20,639
119 RESERVE COMPONENT 35,493 35,493 35,493 35,493
AUTOMATION SYS (RCAS).
ELECT EQUIP--AUDIO VISUAL
SYS (A/V)
120 ITEMS LESS THAN $5 MILLION 8,467 8,467 8,467 8,467
(A/V).
121 ITEMS LESS THAN $5 MILLION 89 5,309 89 5,309 89 5,309 89 5,309
ELECT EQUIP--SUPPORT
122 PRODUCTION BASE SUPPORT (C- 586 586 586 586
E).
CLASSIFIED PROGRAMS
124A CLASSIFIED PROGRAMS....... 3,435 3,435 3,435 3,435
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 1,562 3,960 1,562 3,960 1,562 3,960 1,562 3,960
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS (BDS) 637 4,374 637 4,374 637 4,374 637 4,374
128 CBRN SOLDIER PROTECTION... 219 9,259 219 9,259 219 9,259 219 9,259
BRIDGING EQUIPMENT
130 TACTICAL BRIDGING......... 7 35,499 7 35,499 7 35,499 7 35,499
131 TACTICAL BRIDGE, FLOAT- 68 32,893 68 32,893 68 32,893 68 32,893
RIBBON.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
134 ROBOTIC COMBAT SUPPORT 29,106 29,106 29,106 29,106
SYSTEM (RCSS).
135 EXPLOSIVE ORDNANCE 522 25,459 522 25,459 522 25,459 522 25,459
DISPOSAL EQPMT (EOD
EQPMT).
136 REMOTE DEMOLITION SYSTEMS. 364 8,044 364 8,044 364 8,044 364 8,044
137 < $5M, COUNTERMINE 3,698 3,698 3,698 3,698
EQUIPMENT.
COMBAT SERVICE SUPPORT
EQUIPMENT
138 HEATERS AND ECU'S......... 1,332 12,210 1,332 12,210 1,332 12,210 1,332 12,210
139 SOLDIER ENHANCEMENT....... 6,522 6,522 6,522 6,522
140 PERSONNEL RECOVERY SUPPORT 11,222 11,222 11,222 11,222
SYSTEM (PRSS).
141 GROUND SOLDIER SYSTEM..... 5,226 103,317 5,226 103,317 5,226 103,317 5,226 103,317
144 FIELD FEEDING EQUIPMENT... 228 27,417 228 27,417 228 27,417 228 27,417
145 CARGO AERIAL DEL & 8,891 52,065 8,891 52,065 8,891 52,065 8,891 52,065
PERSONNEL PARACHUTE
SYSTEM.
146 MORTUARY AFFAIRS SYSTEMS.. 2,358 2,358 2,358 2,358
147 FAMILY OF ENGR COMBAT AND 266 31,573 266 31,573 266 31,573 266 31,573
CONSTRUCTION SETS.
148 ITEMS LESS THAN $5 MILLION 818 14,093 818 14,093 818 14,093 818 14,093
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 208 36,266 208 36,266 208 36,266 208 36,266
PETROLEUM & WATER.
MEDICAL EQUIPMENT
150 COMBAT SUPPORT MEDICAL.... 1,938 34,101 1,938 34,101 1,938 34,101 1,938 34,101
151 MEDEVAC MISSON EQUIPMENT 20,540 20,540 20,540 20,540
PACKAGE (MEP).
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 20 2,495 20 2,495 20 2,495 20 2,495
EQUIPMENT SYSTEMS.
CONSTRUCTION EQUIPMENT
154 GRADER, ROAD MTZD, HVY, 2,028 2,028 2,028 2,028
6X4 (CCE).
156 SCRAPERS, EARTHMOVING..... 9 6,146 9 6,146 9 6,146 9 6,146
157 MISSION MODULES-- 40 31,200 40 31,200 40 31,200 40 31,200
ENGINEERING.
161 TRACTOR, FULL TRACKED..... 61 20,867 61 20,867 61 20,867 61 20,867
162 ALL TERRAIN CRANES........ 1 4,003 1 4,003 1 4,003 1 4,003
163 PLANT, ASPHALT MIXING..... 1 3,679 1 3,679 1 3,679 1 3,679
164 HIGH MOBILITY ENGINEER 76 30,042 76 30,042 76 30,042 76 30,042
EXCAVATOR (HMEE).
165 ENHANCED RAPID AIRFIELD 182 13,725 182 13,725 182 13,725 182 13,725
CONSTRUCTION CAPA.
166 CONST EQUIP ESP........... 47 13,351 47 13,351 47 13,351 47 13,351
167 ITEMS LESS THAN $5 MILLION 9,134 9,134 9,134 9,134
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
170 ITEMS LESS THAN $5 MILLION 10,552 10,552 10,552 10,552
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND ASSOCIATED 2,074 60,302 2,074 60,302 2,074 60,302 2,074 60,302
EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS....... 64 5,895 64 5,895 64 5,895 64 5,895
TRAINING EQUIPMENT
175 COMBAT TRAINING CENTERS 339 104,649 339 104,649 339 104,649 339 104,649
SUPPORT.
176 TRAINING DEVICES, 125,251 125,251 125,251 125,251
NONSYSTEM.
177 CLOSE COMBAT TACTICAL 8 19,984 8 19,984 8 19,984 8 19,984
TRAINER.
178 AVIATION COMBINED ARMS 10,977 10,977 10,977 10,977
TACTICAL TRAINER.
179 GAMING TECHNOLOGY IN 4,056 4,056 4,056 4,056
SUPPORT OF ARMY TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS EQUIPMENT 3 10,494 3 10,494 3 10,494 3 10,494
181 INTEGRATED FAMILY OF TEST 1,674 45,508 1,674 45,508 1,674 45,508 1,674 45,508
EQUIPMENT (IFTE).
182 TEST EQUIPMENT 2,786 24,334 2,786 24,334 2,786 24,334 2,786 24,334
MODERNIZATION (TEMOD).
OTHER SUPPORT EQUIPMENT
183 RAPID EQUIPPING SOLDIER 5,078 5,078 5,078 5,078
SUPPORT EQUIPMENT.
184 PHYSICAL SECURITY SYSTEMS 46,301 46,301 46,301 46,301
(OPA3).
185 BASE LEVEL COMMON 1,373 1,373 1,373 1,373
EQUIPMENT.
186 MODIFICATION OF IN-SVC 248 59,141 248 59,141 248 59,141 248 59,141
EQUIPMENT (OPA-3).
187 PRODUCTION BASE SUPPORT 2,446 2,446 2,446 2,446
(OTH).
188 SPECIAL EQUIPMENT FOR USER 206 12,920 206 12,920 206 12,920 206 12,920
TESTING.
189 AMC CRITICAL ITEMS OPA3... 1,141 19,180 1,141 19,180 1,141 19,180 1,141 19,180
190 TRACTOR YARD.............. 7,368 7,368 7,368 7,368
191 UNMANNED GROUND VEHICLE... 311 83,937 311 83,937 311 71,937 311 83,937
Transfer to PE [-12,000]
0604641A at Army
request.
OPA2
193 INITIAL SPARES--C&E....... 34 64,507 34 64,507 34 64,507 34 64,507
PRIOR YEAR SAVINGS
UNDISTRIBUTED
194 EMERGENCY MANAGEMENT 52,000 52,000
MODERNIZATION PROGRAM.
Army requested [52,000]
transfer from
Operation and
Maintenance, Army,
line 100.
TOTAL OTHER 94,966 6,326,245 94,966 6,246,245 94,966 6,307,033 -174,212 94,966 6,152,033
PROCUREMENT, ARMY.
JOINT IMPR EXPLOSIVE DEV
DEFEAT FUND
STAFF AND INFRASTRUCTURE
004 OPERATIONS................ 227,414 -227,414 0
Transfer of funds to [-227,414] [-227,414] [-227,414]
title 15.
TOTAL JOINT IMPR 227,414 -227,414 0
EXPLOSIVE DEV DEFEAT
FUND.
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
001 EA-18G.................... 12 1,027,443 12 997,443 12 1,027,443 -13,000 12 1,014,443
Cost growth-CFE [-30,000]
electronics, non-
recurring costs.
Engine cost growth.... [-13,000]
002 ADVANCE PROCUREMENT 45,000 45,000 45,000
(CY).
Program increase...... [45,000] [45,000]
003 F/A-18E/F (FIGHTER) HORNET 26 2,035,131 26 1,989,131 26 2,035,131 -18,000 26 2,017,131
Cost growth-CFE [-46,000]
electronics, support
costs.
Engine cost growth.... [-12,000]
Engineering Change [-6,000]
Order excess funding.
004 ADVANCE PROCUREMENT 30,296 30,296 90,296 30,296
(CY).
Retain option for [60,000]
additional FY 14
aircraft.
005 JOINT STRIKE FIGHTER CV... 4 1,007,632 4 1,007,632 4 1,007,632 -18,800 4 988,832
Excessive weapon [-18,800]
system unit cost
increase.
006 ADVANCE PROCUREMENT 65,180 65,180 65,180 65,180
(CY).
007 JSF STOVL................. 6 1,404,737 6 1,404,737 6 1,404,737 -58,800 6 1,345,937
Excessive weapon [-58,800]
system unit cost
increase.
008 ADVANCE PROCUREMENT 106,199 106,199 106,199 106,199
(CY).
009 V-22 (MEDIUM LIFT)........ 17 1,303,120 17 1,303,120 17 1,303,120 -11,740 17 1,291,380
Flyaway unit cost [-11,740]
savings.
010 ADVANCE PROCUREMENT 154,202 154,202 154,202 154,202
(CY).
011 H-1 UPGRADES (UH-1Y/AH-1Z) 27 720,933 27 720,933 27 720,933 27 720,933
012 ADVANCE PROCUREMENT 69,658 69,658 69,658 69,658
(CY).
013 MH-60S (MYP).............. 18 384,792 18 384,792 18 384,792 18 384,792
014 ADVANCE PROCUREMENT 69,277 69,277 69,277 69,277
(CY).
015 MH-60R (MYP).............. 19 656,866 24 826,866 19 656,866 170,000 19 826,866
Cruiser Retention-- [5] [170,000] [170,000]
Restore 5 helicopters.
016 ADVANCE PROCUREMENT 185,896 185,896 185,896 185,896
(CY).
017 P-8A POSEIDON............. 13 2,420,755 13 2,420,755 13 2,420,755 -33,703 13 2,387,052
Excess to need........ [-33,703]
018 ADVANCE PROCUREMENT 325,679 325,679 325,679 325,679
(CY).
019 E-2D ADV HAWKEYE.......... 5 861,498 5 861,498 5 861,498 5 861,498
020 ADVANCE PROCUREMENT 123,179 123,179 123,179 123,179
(CY).
TRAINER AIRCRAFT
022 JPATS..................... 33 278,884 33 278,884 33 278,884 -10,100 33 268,784
Airframe cost growth.. [-10,100]
OTHER AIRCRAFT
023 KC-130J................... 3,000 3,000 3,000 3,000
024 ADVANCE PROCUREMENT 22,995 22,995 22,995 22,995
(CY).
025 ADVANCE PROCUREMENT 51,124 51,124 51,124 51,124
(CY)--RQ-4 UAV.
026 MQ-8 UAV.................. 6 124,573 6 124,573 6 124,573 6 124,573
027 STUASL0 UAV............... 5 9,593 5 9,593 5 9,593 5 9,593
MODIFICATION OF AIRCRAFT
028 EA-6 SERIES............... 30,062 30,062 30,062 30,062
029 AEA SYSTEMS............... 49,999 49,999 49,999 49,999
030 AV-8 SERIES............... 38,703 38,703 38,703 38,703
031 ADVERSARY................. 4,289 4,289 4,289 4,289
032 F-18 SERIES............... 647,306 647,306 647,306 -8,000 639,306
ILS growth (OSIP 11- [-5,000]
84).
Other support funding [-3,000]
growth (OSIP 001-10).
033 H-46 SERIES............... 2,343 2,343 2,343 2,343
034 AH-1W SERIES.............. 8,721 8,721 8,721 8,721
035 H-53 SERIES............... 45,567 45,567 45,567 -3,200 42,367
Other Support cost [-3,200]
growth.
036 SH-60 SERIES.............. 83,527 83,527 83,527 83,527
037 H-1 SERIES................ 6,508 6,508 6,508 6,508
038 EP-3 SERIES............... 66,374 66,374 66,374 66,374
039 P-3 SERIES................ 148,405 148,405 148,405 148,405
040 E-2 SERIES................ 16,322 16,322 16,322 16,322
041 TRAINER A/C SERIES........ 34,284 34,284 34,284 34,284
042 C-2A...................... 4,743 4,743 4,743 4,743
043 C-130 SERIES.............. 60,302 60,302 60,302 60,302
044 FEWSG..................... 670 670 670 670
045 CARGO/TRANSPORT A/C SERIES 26,311 26,311 26,311 26,311
046 E-6 SERIES................ 158,332 158,332 158,332 -2,490 155,842
SLEP kit installation [-2,490]
cost growth (OSIP 003-
07).
047 EXECUTIVE HELICOPTERS 58,163 58,163 58,163 58,163
SERIES.
048 SPECIAL PROJECT AIRCRAFT.. 12,421 12,421 12,421 12,421
049 T-45 SERIES............... 64,488 64,488 64,488 -5,000 59,488
Avionics Obsolescence [-2,000]
kit cost growth.
Synthetic Radar kit [-3,000]
cost growth.
050 POWER PLANT CHANGES....... 21,569 21,569 21,569 21,569
051 JPATS SERIES.............. 1,552 1,552 1,552 1,552
052 AVIATION LIFE SUPPORT MODS 2,473 2,473 2,473 2,473
053 COMMON ECM EQUIPMENT...... 114,690 114,690 114,690 114,690
054 COMMON AVIONICS CHANGES... 96,183 96,183 96,183 96,183
056 ID SYSTEMS................ 39,846 39,846 39,846 39,846
057 P-8 SERIES................ 5,302 5,302 5,302 5,302
058 MAGTF EW FOR AVIATION..... 34,127 34,127 34,127 34,127
059 RQ-7 SERIES............... 49,324 49,324 49,324 49,324
060 V-22 (TILT/ROTOR ACFT) 95,856 95,856 95,856 95,856
OSPREY.
AIRCRAFT SPARES AND REPAIR
PARTS
061 SPARES AND REPAIR PARTS... 1,166,430 1,126,430 1,166,430 -34,000 1,132,430
Spares cost growth- F- [-40,000] [-34,000]
35C, F-35B, E-2D.
AIRCRAFT SUPPORT EQUIP &
FACILITIES
062 COMMON GROUND EQUIPMENT... 387,195 387,195 387,195 387,195
063 AIRCRAFT INDUSTRIAL 23,469 23,469 23,469 23,469
FACILITIES.
064 WAR CONSUMABLES........... 43,383 43,383 43,383 43,383
065 OTHER PRODUCTION CHARGES.. 3,399 3,399 3,399 3,399
066 SPECIAL SUPPORT EQUIPMENT. 32,274 32,274 32,274 32,274
067 FIRST DESTINATION 1,742 1,742 1,742 1,742
TRANSPORTATION.
TOTAL AIRCRAFT 191 17,129,296 196 17,228,296 191 17,189,296 -1,833 191 17,127,463
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS........... 1,224,683 1,224,683 1,224,683 -10,000 1,214,683
Tooling, test/support [-10,000]
equipment growth.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 5,553 5,553 5,553 5,553
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK.................. 196 308,970 196 308,970 196 308,970 -10,000 196 298,970
Contract Savings...... [-10,000]
TACTICAL MISSILES
004 AMRAAM.................... 67 102,683 67 109,983 67 102,683 -5,293 67 97,390
Captive air training [-5,293]
missile cost growth.
Program decrease...... [-2,700]
Program increase...... [10,000]
005 SIDEWINDER................ 150 80,226 150 80,226 150 80,226 -5,959 150 74,267
All Up Round Missile [-3,847]
Cost Growth.
Captive Air Training [-2,112]
Missile Cost Growth.
006 JSOW...................... 280 127,609 280 135,109 280 127,609 280 127,609
Program decrease...... [-2,700]
Program increase...... [10,200]
007 STANDARD MISSILE.......... 94 399,482 94 399,482 94 399,482 94 399,482
008 RAM....................... 62 66,769 62 66,769 62 66,769 62 66,769
009 HELLFIRE.................. 998 74,501 998 87,301 998 74,501 998 74,501
Program decrease...... [-4,600]
Program increase...... [17,400]
011 AERIAL TARGETS............ 61,518 61,518 61,518 61,518
012 OTHER MISSILE SUPPORT..... 3,585 3,585 3,585 3,585
MODIFICATION OF MISSILES
013 ESSM...................... 37 58,194 37 58,194 37 58,194 37 58,194
014 HARM MODS................. 100 86,721 100 86,721 100 86,721 100 86,721
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 2,014 2,014 2,014 2,014
FACILITIES.
017 FLEET SATELLITE COMM 21,454 21,454 21,454 21,454
FOLLOW-ON.
ORDNANCE SUPPORT EQUIPMENT
018 ORDNANCE SUPPORT EQUIPMENT 54,945 54,945 54,945 54,945
TORPEDOES AND RELATED
EQUIP
019 SSTD...................... 2,700 2,700 2,700 2,700
020 ASW TARGETS............... 10,385 10,385 10,385 10,385
MOD OF TORPEDOES AND
RELATED EQUIP
021 MK-54 TORPEDO MODS........ 75 74,487 75 74,487 75 74,487 75 74,487
022 MK-48 TORPEDO ADCAP MODS.. 94 54,281 94 54,281 94 54,281 94 54,281
023 QUICKSTRIKE MINE.......... 6,852 6,852 6,852 6,852
SUPPORT EQUIPMENT
024 TORPEDO SUPPORT EQUIPMENT. 46,402 46,402 46,402 46,402
025 ASW RANGE SUPPORT......... 11,927 11,927 11,927 11,927
DESTINATION TRANSPORTATION
026 FIRST DESTINATION 3,614 3,614 3,614 3,614
TRANSPORTATION.
GUNS AND GUN MOUNTS
027 SMALL ARMS AND WEAPONS.... 12,594 12,594 12,594 12,594
MODIFICATION OF GUNS AND
GUN MOUNTS
028 CIWS MODS................. 59,303 59,303 67,003 7,700 67,003
Buy additional [7,700] [7,700]
ordnance alteration
kits.
029 COAST GUARD WEAPONS....... 19,072 19,072 19,072 19,072
030 GUN MOUNT MODS............ 54,706 54,706 54,706 54,706
031 CRUISER MODERNIZATION 1,591 19,622 1,591 18,031 19,622
WEAPONS.
Cruiser retention--5"/ [18,031] [18,031]
62 Upgrade.
032 AIRBORNE MINE 20,607 20,607 20,607 20,607
NEUTRALIZATION SYSTEMS.
SPARES AND REPAIR PARTS
034 SPARES AND REPAIR PARTS... 60,150 60,150 60,150 60,150
TOTAL WEAPONS 2,153 3,117,578 2,153 3,163,209 2,153 3,125,278 -5,521 2,153 3,112,057
PROCUREMENT, NAVY.
SHIPBUILDING & CONVERSION,
NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT 1 608,195 1 608,195 1 608,195 -2,900 1 605,295
PROGRAM.
SEWIP block 2 growth.. [-2,900]
003 VIRGINIA CLASS SUBMARINE.. 2 3,217,601 2 3,217,601 2 3,217,601 2 3,217,601
004 ADVANCE PROCUREMENT 874,878 1,652,878 1,652,557 777,679 1,652,557
(CY).
Advance procurement [778,000] [777,679] [777,679]
for 2nd SSN in FY 14.
005 CVN REFUELING OVERHAULS... 1 1,613,392 1 1,613,392 1 1,613,392 -96,100 1 1,517,292
Program decrease...... [-96,100]
006 ADVANCE PROCUREMENT 70,010 70,010 70,010 70,010
(CY).
008 DDG 1000.................. 669,222 669,222 669,222 669,222
009 DDG-51.................... 2 3,048,658 2 3,048,658 2 3,048,658 2 3,048,658
010 ADVANCE PROCUREMENT 466,283 581,283 466,283 466,283
(CY).
Advance procurement... [115,000]
011 LITTORAL COMBAT SHIP...... 4 1,784,959 4 1,784,959 4 1,784,959 4 1,784,959
AMPHIBIOUS SHIPS
015 JOINT HIGH SPEED VESSEL... 1 189,196 1 189,196 1 189,196 1 189,196
AUXILIARIES, CRAFT AND
PRIOR YR PROGRAM COST
017 ADVANCE PROCUREMENT 307,300 307,300 307,300 307,300
(CY).
018 OUTFITTING................ 309,648 309,648 309,648 309,648
020 LCAC SLEP................. 2 47,930 2 47,930 2 47,930 2 47,930
021 COMPLETION OF PY 372,573 372,573 372,573 372,573
SHIPBUILDING PROGRAMS.
TOTAL SHIPBUILDING & 13 13,579,845 13 14,472,845 13 14,357,524 678,679 13 14,258,524
CONVERSION, NAVY.
PROCUREMENT OF AMMO, NAVY
& MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS..... 27,024 27,024 27,024 27,024
002 AIRBORNE ROCKETS, ALL 56,575 56,575 56,575 56,575
TYPES.
003 MACHINE GUN AMMUNITION.... 21,266 21,266 21,266 21,266
004 PRACTICE BOMBS............ 34,319 34,319 34,319 34,319
005 CARTRIDGES & CART ACTUATED 53,755 53,755 53,755 53,755
DEVICES.
006 AIR EXPENDABLE 61,693 61,693 61,693 -1,000 60,693
COUNTERMEASURES.
ALE-55 cost growth.... [-1,000]
007 JATOS..................... 2,776 2,776 2,776 2,776
008 LRLAP 6" LONG RANGE ATTACK 7,102 7,102 7,102 7,102
PROJECTILE.
009 5 INCH/54 GUN AMMUNITION.. 48,320 48,320 48,320 48,320
010 INTERMEDIATE CALIBER GUN 25,544 25,544 25,544 25,544
AMMUNITION.
011 OTHER SHIP GUN AMMUNITION. 41,624 41,624 41,624 -2,740 38,884
30MM x 173 linked [-2,740]
cartridge contract
delay.
012 SMALL ARMS & LANDING PARTY 65,893 65,893 65,893 -646 65,247
AMMO.
M18A1 mine cost growth [-646]
013 PYROTECHNIC AND DEMOLITION 11,176 11,176 11,176 11,176
014 AMMUNITION LESS THAN $5 4,116 4,116 4,116 4,116
MILLION.
MARINE CORPS AMMUNITION
015 SMALL ARMS AMMUNITION..... 83,733 83,733 83,733 83,733
016 LINEAR CHARGES, ALL TYPES. 24,645 24,645 24,645 24,645
017 40 MM, ALL TYPES.......... 16,201 16,201 16,201 16,201
019 81MM, ALL TYPES........... 13,711 3,711 3,711 -10,000 3,711
Excess to need........ [-10,000] [-10,000] [-10,000]
020 120MM, ALL TYPES.......... 12,557 12,557 12,557 12,557
022 GRENADES, ALL TYPES....... 7,634 7,134 7,134 -500 7,134
Excess to need........ [-500] [-500] [-500]
023 ROCKETS, ALL TYPES........ 27,528 27,528 27,528 27,528
024 ARTILLERY, ALL TYPES...... 93,065 93,065 93,065 -16,606 76,459
Prior year funds [-16,606]
available.
025 DEMOLITION MUNITIONS, ALL 2,047 47 -2,047 0
TYPES.
Excess to need........ [-2,047] [-2,000] [-2,047]
026 FUZE, ALL TYPES........... 5,297 5,297 5,297 5,297
027 NON LETHALS............... 1,362 1,362 1,362 1,362
028 AMMO MODERNIZATION........ 4,566 4,566 4,566 4,566
029 ITEMS LESS THAN $5 MILLION 6,010 6,010 6,010 6,010
PRIOR YEAR SAVINGS
029B PRIOR YEAR SAVINGS........ -88,300 0
Ammunition change in [-88,300]
requirements.
TOTAL PROCUREMENT OF 759,539 746,992 658,739 -33,539 726,000
AMMO, NAVY & MC.
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
001 LM-2500 GAS TURBINE....... 10,658 10,658 10,658 10,658
002 ALLISON 501K GAS TURBINE.. 8,469 8,469 8,469 8,469
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION EQUIPMENT 23,392 23,392 23,392 23,392
PERISCOPES
004 SUB PERISCOPES & IMAGING 53,809 53,809 53,809 53,809
EQUIP.
OTHER SHIPBOARD EQUIPMENT
005 DDG MOD................... 452,371 452,371 452,371 452,371
006 FIREFIGHTING EQUIPMENT.... 16,958 16,958 16,958 16,958
007 COMMAND AND CONTROL 2,492 2,492 2,492 2,492
SWITCHBOARD.
008 POLLUTION CONTROL 20,707 20,707 20,707 20,707
EQUIPMENT.
009 SUBMARINE SUPPORT 12,046 12,046 12,046 12,046
EQUIPMENT.
010 VIRGINIA CLASS SUPPORT 79,870 79,870 79,870 79,870
EQUIPMENT.
011 LCS CLASS SUPPORT 19,865 19,865 19,865 19,865
EQUIPMENT.
012 SUBMARINE BATTERIES....... 41,522 41,522 41,522 41,522
013 LPD CLASS SUPPORT 30,543 30,543 30,543 30,543
EQUIPMENT.
014 STRATEGIC PLATFORM SUPPORT 16,257 16,257 16,257 16,257
EQUIP.
015 DSSP EQUIPMENT............ 3,630 3,630 3,630 3,630
016 CG MODERNIZATION.......... 101,000 184,972 101,000 83,972 184,972
Cruiser retention..... [83,972] [83,972]
017 LCAC...................... 16,645 16,645 16,645 16,645
018 UNDERWATER EOD PROGRAMS... 35,446 35,446 35,446 35,446
019 ITEMS LESS THAN $5 MILLION 65,998 65,998 65,998 65,998
020 CHEMICAL WARFARE DETECTORS 4,359 4,359 4,359 4,359
021 SUBMARINE LIFE SUPPORT 10,218 10,218 10,218 10,218
SYSTEM.
REACTOR PLANT EQUIPMENT
022 REACTOR POWER UNITS....... 286,859 286,859 286,859 286,859
023 REACTOR COMPONENTS........ 278,503 278,503 278,503 278,503
OCEAN ENGINEERING
024 DIVING AND SALVAGE 8,998 8,998 8,998 8,998
EQUIPMENT.
SMALL BOATS
025 STANDARD BOATS............ 30,131 30,131 30,131 30,131
TRAINING EQUIPMENT
026 OTHER SHIPS TRAINING 29,772 29,772 29,772 29,772
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
027 OPERATING FORCES IPE...... 64,346 64,346 64,346 64,346
OTHER SHIP SUPPORT
028 NUCLEAR ALTERATIONS....... 154,652 154,652 154,652 154,652
029 LCS COMMON MISSION MODULES 31,319 31,319 31,319 31,319
EQUIPMENT.
030 LCS MCM MISSION MODULES... 38,392 38,392 38,392 38,392
031 LCS SUW MISSION MODULES... 32,897 32,897 32,897 32,897
LOGISTIC SUPPORT
032 LSD MIDLIFE............... 49,758 49,758 49,758 49,758
SHIP SONARS
034 SPQ-9B RADAR.............. 19,777 19,777 19,777 19,777
035 AN/SQQ-89 SURF ASW COMBAT 89,201 89,201 89,201 89,201
SYSTEM.
036 SSN ACOUSTICS............. 190,874 190,874 190,874 190,874
037 UNDERSEA WARFARE SUPPORT 17,035 17,035 17,035 17,035
EQUIPMENT.
038 SONAR SWITCHES AND 13,410 13,410 13,410 13,410
TRANSDUCERS.
ASW ELECTRONIC EQUIPMENT
040 SUBMARINE ACOUSTIC WARFARE 21,489 21,489 21,489 -1,957 19,532
SYSTEM.
Contract award delays [-1,957]
for launch tube and
MK3.
041 SSTD...................... 10,716 10,716 10,716 10,716
042 FIXED SURVEILLANCE SYSTEM. 98,896 98,896 98,896 98,896
043 SURTASS................... 2,774 2,774 2,774 2,774
044 MARITIME PATROL AND 18,428 18,428 18,428 18,428
RECONNSAISANCE FORCE.
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32................. 92,270 92,270 92,270 92,270
RECONNAISSANCE EQUIPMENT
046 SHIPBOARD IW EXPLOIT...... 107,060 108,185 107,060 107,060
Cruiser Retention..... [1,125]
047 AUTOMATED IDENTIFICATION 914 914 914 914
SYSTEM (AIS).
SUBMARINE SURVEILLANCE
EQUIPMENT
048 SUBMARINE SUPPORT 34,050 34,050 34,050 34,050
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE ENGAGEMENT 27,881 27,881 27,881 -5,690 22,191
CAPABILITY.
Excess PAAA backfit [-615]
installation funding.
Excess signal data [-2,725]
processor backfit kit
installation funding.
Signal data processor [-1,350]
backfit kit contract
delay.
Support funding [-1,000]
carryover.
050 TRUSTED INFORMATION SYSTEM 448 448 448 448
(TIS).
051 NAVAL TACTICAL COMMAND 35,732 35,732 35,732 35,732
SUPPORT SYSTEM (NTCSS).
053 NAVY COMMAND AND CONTROL 9,533 9,533 9,533 9,533
SYSTEM (NCCS).
054 MINESWEEPING SYSTEM 60,111 60,111 60,111 60,111
REPLACEMENT.
055 SHALLOW WATER MCM......... 6,950 6,950 6,950 6,950
056 NAVSTAR GPS RECEIVERS 9,089 9,089 9,089 9,089
(SPACE).
057 AMERICAN FORCES RADIO AND 7,768 7,768 7,768 7,768
TV SERVICE.
058 STRATEGIC PLATFORM SUPPORT 3,614 3,614 3,614 3,614
EQUIP.
TRAINING EQUIPMENT
059 OTHER TRAINING EQUIPMENT.. 42,911 42,911 42,911 42,911
AVIATION ELECTRONIC
EQUIPMENT
060 MATCALS................... 5,861 5,861 5,861 5,861
061 SHIPBOARD AIR TRAFFIC 8,362 8,362 8,362 8,362
CONTROL.
062 AUTOMATIC CARRIER LANDING 15,685 15,685 15,685 15,685
SYSTEM.
063 NATIONAL AIR SPACE SYSTEM. 16,919 16,919 16,919 16,919
064 FLEET AIR TRAFFIC CONTROL 6,828 6,828 6,828 6,828
SYSTEMS.
065 LANDING SYSTEMS........... 7,646 7,646 7,646 7,646
066 ID SYSTEMS................ 35,474 35,474 35,474 35,474
067 NAVAL MISSION PLANNING 9,958 9,958 9,958 9,958
SYSTEMS.
OTHER SHORE ELECTRONIC
EQUIPMENT
068 DEPLOYABLE JOINT COMMAND 9,064 9,064 9,064 9,064
AND CONT.
069 MARITIME INTEGRATED 16,026 16,026 16,026 16,026
BROADCAST SYSTEM.
070 TACTICAL/MOBILE C4I 11,886 11,886 11,886 11,886
SYSTEMS.
071 DCGS-N.................... 11,887 11,887 11,887 11,887
072 CANES..................... 341,398 344,848 341,398 -20,524 320,874
Contract delay (DDG-51 [-7,734]
class).
Contract delay (LHD-7) [-8,305]
Cruiser Retention..... [3,450]
Excess ADNS [-2,070]
installation (afloat)
funding.
Excess ADNS [-2,415]
installation (ashore)
funding.
073 RADIAC.................... 8,083 8,083 8,083 8,083
074 CANES-INTELL.............. 79,427 79,427 79,427 79,427
075 GPETE..................... 6,083 6,083 6,083 6,083
076 INTEG COMBAT SYSTEM TEST 4,495 4,495 4,495 4,495
FACILITY.
077 EMI CONTROL 4,767 4,767 4,767 4,767
INSTRUMENTATION.
078 ITEMS LESS THAN $5 MILLION 81,755 81,755 81,755 81,755
SHIPBOARD COMMUNICATIONS
080 SHIP COMMUNICATIONS 56,870 58,023 56,870 56,870
AUTOMATION.
Cruiser Retention..... [1,153]
081 MARITIME DOMAIN AWARENESS 1,063 1,063 1,063 1,063
(MDA).
082 COMMUNICATIONS ITEMS UNDER 28,522 28,522 28,522 28,522
$5M.
SUBMARINE COMMUNICATIONS
083 SUBMARINE BROADCAST 4,183 4,183 4,183 4,183
SUPPORT.
084 SUBMARINE COMMUNICATION 69,025 69,025 69,025 69,025
EQUIPMENT.
SATELLITE COMMUNICATIONS
085 SATELLITE COMMUNICATIONS 49,294 49,294 51,294 2,000 51,294
SYSTEMS.
SPIDERNet/Spectral [2,000] [2,000]
Warrior Hardware.
086 NAVY MULTIBAND TERMINAL 184,825 186,540 184,825 184,825
(NMT).
Cruiser Retention..... [1,715]
SHORE COMMUNICATIONS
087 JCS COMMUNICATIONS 2,180 2,180 2,180 2,180
EQUIPMENT.
088 ELECTRICAL POWER SYSTEMS.. 1,354 1,354 1,354 1,354
CRYPTOGRAPHIC EQUIPMENT
090 INFO SYSTEMS SECURITY 144,104 144,104 144,104 144,104
PROGRAM (ISSP).
CRYPTOLOGIC EQUIPMENT
091 CRYPTOLOGIC COMMUNICATIONS 12,604 12,604 12,604 12,604
EQUIP.
OTHER ELECTRONIC SUPPORT
092 COAST GUARD EQUIPMENT..... 6,680 6,680 6,680 6,680
SONOBUOYS
095 SONOBUOYS--ALL TYPES...... 104,677 104,677 104,677 104,677
AIRCRAFT SUPPORT EQUIPMENT
096 WEAPONS RANGE SUPPORT 70,753 70,753 70,753 70,753
EQUIPMENT.
097 EXPEDITIONARY AIRFIELDS... 8,678 8,678 8,678 8,678
098 AIRCRAFT REARMING 11,349 11,349 11,349 11,349
EQUIPMENT.
099 AIRCRAFT LAUNCH & RECOVERY 82,618 82,618 82,618 -638 81,980
EQUIPMENT.
ADMACS installation [-638]
cost growth.
100 METEOROLOGICAL EQUIPMENT.. 18,339 18,339 18,339 18,339
101 DCRS/DPL.................. 1,414 1,414 1,414 1,414
102 AVIATION LIFE SUPPORT..... 40,475 40,475 40,475 40,475
103 AIRBORNE MINE 61,552 61,552 61,552 61,552
COUNTERMEASURES.
104 LAMPS MK III SHIPBOARD 18,771 18,771 18,771 18,771
EQUIPMENT.
105 PORTABLE ELECTRONIC 7,954 7,954 7,954 7,954
MAINTENANCE AIDS.
106 OTHER AVIATION SUPPORT 10,023 10,023 10,023 10,023
EQUIPMENT.
107 AUTONOMIC LOGISTICS 3,826 3,826 3,826 3,826
INFORMATION SYSTEM (ALIS).
SHIP GUN SYSTEM EQUIPMENT
108 NAVAL FIRES CONTROL SYSTEM 3,472 3,472 3,472 3,472
109 GUN FIRE CONTROL EQUIPMENT 4,528 4,528 4,528 4,528
SHIP MISSILE SYSTEMS
EQUIPMENT
110 NATO SEASPARROW........... 8,960 8,960 8,960 8,960
111 RAM GMLS.................. 1,185 1,185 1,185 1,185
112 SHIP SELF DEFENSE SYSTEM.. 55,371 55,371 55,371 55,371
113 AEGIS SUPPORT EQUIPMENT... 81,614 81,614 81,614 81,614
114 TOMAHAWK SUPPORT EQUIPMENT 77,767 77,767 77,767 -5,500 72,267
Production support [-5,500]
funding growth.
115 VERTICAL LAUNCH SYSTEMS... 754 754 754 754
116 MARITIME INTEGRATED 4,965 4,965 4,965 4,965
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
117 STRATEGIC MISSILE SYSTEMS 181,049 181,049 181,049 181,049
EQUIP.
ASW SUPPORT EQUIPMENT
118 SSN COMBAT CONTROL SYSTEMS 71,316 71,316 71,316 71,316
119 SUBMARINE ASW SUPPORT 4,018 4,018 4,018 4,018
EQUIPMENT.
120 SURFACE ASW SUPPORT 6,465 6,465 6,465 6,465
EQUIPMENT.
121 ASW RANGE SUPPORT 47,930 47,930 47,930 47,930
EQUIPMENT.
OTHER ORDNANCE SUPPORT
EQUIPMENT
122 EXPLOSIVE ORDNANCE 3,579 3,579 3,579 3,579
DISPOSAL EQUIP.
123 ITEMS LESS THAN $5 MILLION 3,125 3,125 3,125 3,125
OTHER EXPENDABLE ORDNANCE
124 ANTI-SHIP MISSILE DECOY 31,743 42,981 31,743 -2,000 29,743
SYSTEM.
Cruiser Retention..... [1,238]
Program increase for [10,000]
NULKA decoys.
Support funding growth [-2,000]
125 SURFACE TRAINING DEVICE 34,174 34,174 34,174 34,174
MODS.
126 SUBMARINE TRAINING DEVICE 23,450 23,450 23,450 23,450
MODS.
CIVIL ENGINEERING SUPPORT
EQUIPMENT
127 PASSENGER CARRYING 7,158 7,158 7,158 7,158
VEHICLES.
128 GENERAL PURPOSE TRUCKS.... 3,325 3,325 3,325 3,325
129 CONSTRUCTION & MAINTENANCE 8,692 8,692 8,692 8,692
EQUIP.
130 FIRE FIGHTING EQUIPMENT... 14,533 14,533 14,533 14,533
131 TACTICAL VEHICLES......... 15,330 15,330 15,330 15,330
132 AMPHIBIOUS EQUIPMENT...... 10,803 10,803 10,803 10,803
133 POLLUTION CONTROL 7,265 7,265 7,265 7,265
EQUIPMENT.
134 ITEMS UNDER $5 MILLION.... 15,252 15,252 15,252 15,252
135 PHYSICAL SECURITY VEHICLES 1,161 1,161 1,161 1,161
SUPPLY SUPPORT EQUIPMENT
136 MATERIALS HANDLING 15,204 15,204 15,204 15,204
EQUIPMENT.
137 OTHER SUPPLY SUPPORT 6,330 6,330 6,330 6,330
EQUIPMENT.
138 FIRST DESTINATION 6,539 6,539 6,539 6,539
TRANSPORTATION.
139 SPECIAL PURPOSE SUPPLY 34,804 34,804 34,804 34,804
SYSTEMS.
TRAINING DEVICES
140 TRAINING SUPPORT EQUIPMENT 25,444 25,444 25,444 25,444
COMMAND SUPPORT EQUIPMENT
141 COMMAND SUPPORT EQUIPMENT. 43,165 43,165 43,165 43,165
142 EDUCATION SUPPORT 2,251 2,251 2,251 2,251
EQUIPMENT.
143 MEDICAL SUPPORT EQUIPMENT. 3,148 3,148 3,148 3,148
146 NAVAL MIP SUPPORT 3,502 3,502 3,502 3,502
EQUIPMENT.
148 OPERATING FORCES SUPPORT 15,696 15,696 15,696 15,696
EQUIPMENT.
149 C4ISR EQUIPMENT........... 4,344 4,344 4,344 4,344
150 ENVIRONMENTAL SUPPORT 19,492 19,492 19,492 19,492
EQUIPMENT.
151 PHYSICAL SECURITY 177,149 177,149 177,149 177,149
EQUIPMENT.
152 ENTERPRISE INFORMATION 183,995 183,995 183,995 183,995
TECHNOLOGY.
CLASSIFIED PROGRAMS
152A CLASSIFIED PROGRAMS....... 13,063 13,063 13,063 13,063
SPARES AND REPAIR PARTS
153 SPARES AND REPAIR PARTS... 250,718 250,718 250,718 250,718
TOTAL OTHER 6,169,378 6,272,031 6,171,378 49,663 6,219,041
PROCUREMENT, NAVY.
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
001 AAV7A1 PIP................ 16,089 16,089 16,089 16,089
002 LAV PIP................... 186,216 45,316 46,216 -140,874 45,342
Budget adjustment per [-140,900] [-140,000] [-140,874]
USMC.
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE SUPPORT 2,502 2,502 2,502 2,502
SYSTEM.
004 155MM LIGHTWEIGHT TOWED 17,913 17,913 17,913 17,913
HOWITZER.
005 HIGH MOBILITY ARTILLERY 47,999 47,999 47,999 47,999
ROCKET SYSTEM.
006 WEAPONS AND COMBAT 17,706 17,706 17,706 17,706
VEHICLES UNDER $5 MILLION.
OTHER SUPPORT
007 MODIFICATION KITS......... 48,040 48,040 48,040 48,040
008 WEAPONS ENHANCEMENT 4,537 4,537 4,537 4,537
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR DEFENSE.. 11,054 11,054 11,054 11,054
011 FOLLOW ON TO SMAW......... 19,650 19,650 19,650 19,650
012 ANTI-ARMOR WEAPONS SYSTEM- 20,708 20,708 20,708 20,708
HEAVY (AAWS-H).
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS CENTER.... 1,420 1,420 1,420 1,420
REPAIR AND TEST EQUIPMENT
015 REPAIR AND TEST EQUIPMENT. 25,127 25,127 25,127 25,127
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM..... 25,822 25,822 25,822 25,822
017 MODIFICATION KITS......... 2,831 2,831 2,831 2,831
COMMAND AND CONTROL SYSTEM
(NON-TEL)
018 ITEMS UNDER $5 MILLION 5,498 5,498 5,498 5,498
(COMM & ELEC).
019 AIR OPERATIONS C2 SYSTEMS. 11,290 11,290 11,290 11,290
RADAR + EQUIPMENT (NON-
TEL)
020 RADAR SYSTEMS............. 128,079 128,079 128,079 128,079
021 RQ-21 UAS................. 5 27,619 5 27,619 5 27,619 5 27,619
INTELL/COMM EQUIPMENT (NON-
TEL)
022 FIRE SUPPORT SYSTEM....... 7,319 7,319 7,319 7,319
023 INTELLIGENCE SUPPORT 7,466 7,466 7,466 7,466
EQUIPMENT.
025 RQ-11 UAV................. 2,318 2,318 2,318 2,318
026 DCGS-MC................... 18,291 18,291 18,291 18,291
OTHER COMM/ELEC EQUIPMENT
(NON-TEL)
029 NIGHT VISION EQUIPMENT.... 48,084 48,084 48,084 48,084
OTHER SUPPORT (NON-TEL)
030 COMMON COMPUTER RESOURCES. 206,708 206,708 206,708 206,708
031 COMMAND POST SYSTEMS...... 35,190 35,190 35,190 35,190
032 RADIO SYSTEMS............. 89,059 89,059 89,059 89,059
033 COMM SWITCHING & CONTROL 22,500 22,500 22,500 22,500
SYSTEMS.
034 COMM & ELEC INFRASTRUCTURE 42,625 42,625 42,625 42,625
SUPPORT.
CLASSIFIED PROGRAMS
035A CLASSIFIED PROGRAMS....... 2,290 2,290 2,290 2,290
ADMINISTRATIVE VEHICLES
035 COMMERCIAL PASSENGER 2,877 2,877 2,877 2,877
VEHICLES.
036 COMMERCIAL CARGO VEHICLES. 13,960 13,960 13,960 13,960
TACTICAL VEHICLES
037 5/4T TRUCK HMMWV (MYP).... 8,052 8,052 8,052 8,052
038 MOTOR TRANSPORT 50,269 50,269 50,269 50,269
MODIFICATIONS.
040 LOGISTICS VEHICLE SYSTEM 8 37,262 8 37,262 8 37,262 8 37,262
REP.
041 FAMILY OF TACTICAL 48,160 48,160 48,160 48,160
TRAILERS.
OTHER SUPPORT
043 ITEMS LESS THAN $5 MILLION 6,705 6,705 6,705 6,705
ENGINEER AND OTHER
EQUIPMENT
044 ENVIRONMENTAL CONTROL 13,576 13,576 13,576 13,576
EQUIP ASSORT.
045 BULK LIQUID EQUIPMENT..... 16,869 16,869 16,869 16,869
046 TACTICAL FUEL SYSTEMS..... 19,108 19,108 19,108 19,108
047 POWER EQUIPMENT ASSORTED.. 56,253 56,253 56,253 56,253
048 AMPHIBIOUS SUPPORT 13,089 13,089 13,089 13,089
EQUIPMENT.
049 EOD SYSTEMS............... 73,699 73,699 73,699 73,699
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 3,510 3,510 3,510 3,510
EQUIPMENT.
051 GARRISON MOBILE ENGINEER 11,490 11,490 11,490 11,490
EQUIPMENT (GMEE).
052 MATERIAL HANDLING EQUIP... 20,659 20,659 20,659 20,659
053 FIRST DESTINATION 132 132 132 132
TRANSPORTATION.
GENERAL PROPERTY
054 FIELD MEDICAL EQUIPMENT... 31,068 31,068 31,068 31,068
055 TRAINING DEVICES.......... 45,895 45,895 45,895 45,895
056 CONTAINER FAMILY.......... 5,801 5,801 5,801 5,801
057 FAMILY OF CONSTRUCTION 23,939 23,939 23,939 23,939
EQUIPMENT.
060 RAPID DEPLOYABLE KITCHEN.. 8,365 8,365 8,365 8,365
OTHER SUPPORT
061 ITEMS LESS THAN $5 MILLION 7,077 7,077 7,077 7,077
SPARES AND REPAIR PARTS
062 SPARES AND REPAIR PARTS... 3,190 3,190 3,190 3,190
PRIOR YEAR SAVINGS
062A PRIOR YEAR SAVINGS........ -135,200 0
LAV procurement [-135,200]
acquisition objective
change PY.
TOTAL PROCUREMENT, 13 1,622,955 13 1,482,055 13 1,347,755 -140,874 13 1,482,081
MARINE CORPS.
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
001 F-35...................... 19 3,124,302 19 3,124,302 19 3,124,302 19 3,124,302
002 ADVANCE PROCUREMENT 293,400 229,400 293,400 293,400
(CY).
Excess advance [-64,000]
procurement.
OTHER AIRLIFT
005 C-130J.................... 68,373 68,373 68,373 68,373
007 HC-130J................... 1 152,212 1 152,212 1 152,212 1 152,212
009 MC-130J................... 4 374,866 4 374,866 4 374,866 4 374,866
012 C-27J..................... 115,000 0
C-27J buy-back........ [115,000]
HELICOPTERS
015 HH-60 LOSS REPLACEMENT/ 60,596 60,596 60,596 60,596
RECAP.
017 CV-22 (MYP)............... 4 294,220 4 294,220 4 294,220 4 294,220
018 ADVANCE PROCUREMENT 15,000 15,000 15,000 15,000
(CY).
MISSION SUPPORT AIRCRAFT
019 CIVIL AIR PATROL A/C...... 5 2,498 5 2,498 5 2,498 5 2,498
OTHER AIRCRAFT
024 TARGET DRONES............. 15 129,866 15 129,866 15 129,866 15 129,866
026 RQ-4...................... 75,000 180,200 75,000 105,200 180,200
Sustain current force [105,200] [105,200]
structure.
028 AC-130J................... 2 163,970 2 163,970 2 163,970 2 163,970
030 MQ-9...................... 24 553,530 36 712,430 24 553,530 12 155,000 36 708,530
Additional aircraft... [12] [158,900] [12] [155,000]
031 RQ-4 BLOCK 40 PROC........ 11,654 11,654 11,654 11,654
STRATEGIC AIRCRAFT
032 B-2A...................... 82,296 82,296 82,296 82,296
033 B-1B...................... 149,756 149,756 149,756 149,756
034 B-52...................... 9,781 9,781 9,781 9,781
035 LARGE AIRCRAFT INFRARED 28,800 28,800 28,800 28,800
COUNTERMEASURES.
TACTICAL AIRCRAFT
036 A-10...................... 89,919 89,919 89,919 84,000 173,919
Retain A-10 force [84,000]
structure.
037 F-15...................... 148,378 148,378 148,378 148,378
038 F-16...................... 6,896 6,896 6,896 6,896
039 F-22A..................... 283,871 283,871 283,871 283,871
040 F-35 MODIFICATIONS........ 147,995 147,995 147,995 147,995
AIRLIFT AIRCRAFT
041 C-5....................... 6,967 6,967 6,967 6,967
043 C-5M...................... 944,819 944,819 944,819 -65,000 879,819
Inflation adjustment [-65,000]
and installation
efficiencies.
044 ADVANCE PROCUREMENT 175,800 175,800 175,800 175,800
(CY).
046 C-17A..................... 205,079 205,079 205,079 205,079
047 C-21...................... 199 199 199 199
048 C-32A..................... 1,750 1,750 1,750 1,750
049 C-37A..................... 445 445 445 445
TRAINER AIRCRAFT
051 GLIDER MODS............... 126 126 126 126
052 T-6....................... 15,494 15,494 15,494 15,494
053 T-1....................... 272 272 272 272
054 T-38...................... 20,455 20,455 20,455 20,455
OTHER AIRCRAFT
056 U-2 MODS.................. 44,477 44,477 44,477 44,477
057 KC-10A (ATCA)............. 46,921 46,921 46,921 46,921
058 C-12...................... 1,876 1,876 1,876 1,876
059 MC-12W.................... 17,054 17,054 17,054 17,054
060 C-20 MODS................. 243 243 243 243
061 VC-25A MOD................ 11,185 11,185 11,185 11,185
062 C-40...................... 243 243 243 243
063 C-130..................... 67,853 67,853 67,853 67,853
065 C-130J MODS............... 70,555 70,555 70,555 70,555
066 C-135..................... 46,707 46,707 46,707 46,707
067 COMPASS CALL MODS......... 50,024 50,024 50,024 50,024
068 RC-135.................... 165,237 165,237 165,237 165,237
069 E-3....................... 193,099 193,099 193,099 193,099
070 E-4....................... 47,616 47,616 47,616 47,616
071 E-8....................... 59,320 59,320 71,320 59,320
Restart production [12,000]
line for the JSTARS re-
engining program.
072 H-1....................... 5,449 5,449 5,449 5,449
073 H-60...................... 26,227 26,227 26,227 26,227
074 RQ-4 MODS................. 9,257 9,257 9,257 9,257
075 HC/MC-130 MODIFICATIONS... 22,326 22,326 22,326 22,326
076 OTHER AIRCRAFT............ 18,832 18,832 18,832 18,832
077 MQ-1 MODS................. 30,861 30,861 30,861 30,861
078 MQ-9 MODS................. 238,360 238,360 238,360 238,360
079 MQ-9 UAS PAYLOADS......... 93,461 93,461 93,461 93,461
080 CV-22 MODS................ 23,881 23,881 23,881 23,881
AIRCRAFT SPARES AND REPAIR
PARTS
081 INITIAL SPARES/REPAIR 729,691 728,291 729,691 729,691
PARTS.
Premature request for [-23,000]
deployment spares
packages for F-35.
Support additional MQ- [21,600]
9 aircraft.
COMMON SUPPORT EQUIPMENT
082 AIRCRAFT REPLACEMENT 56,542 56,542 56,542 56,542
SUPPORT EQUIP.
POST PRODUCTION SUPPORT
083 A-10...................... 5,100 5,100 5,100 5,100
084 B-1....................... 965 965 965 965
086 B-2A...................... 47,580 47,580 47,580 47,580
088 KC-10A (ATCA)............. 13,100 13,100 13,100 13,100
089 C-17A..................... 181,703 181,703 181,703 181,703
090 C-130..................... 31,830 31,830 31,830 31,830
091 C-135..................... 13,434 13,434 13,434 13,434
092 F-15...................... 2,363 2,363 2,363 2,363
093 F-16...................... 8,506 8,506 8,506 -2,600 5,906
Production line [-2,600]
shutdown--excess to
need.
096 OTHER AIRCRAFT............ 9,522 9,522 9,522 9,522
INDUSTRIAL PREPAREDNESS
097 INDUSTRIAL RESPONSIVENESS. 20,731 20,731 20,731 20,731
WAR CONSUMABLES
098 WAR CONSUMABLES........... 89,727 89,727 89,727 89,727
OTHER PRODUCTION CHARGES
099 OTHER PRODUCTION CHARGES.. 842,392 842,392 842,392 842,392
CLASSIFIED PROGRAMS
103A CLASSIFIED PROGRAMS....... 20,164 20,164 20,164 20,164
PRIOR YEAR SAVINGS
103B PRIOR YEAR SAVINGS........ -920,748 0
C-130 AMP cancellation [-207,163]
Common vertical lift [-52,800]
support platform
(CVLSP) cancellation.
Light attack armed [-115,049]
reconnaissance (LAAR)
cancellation.
Light mobiilty [-65,296]
aircraft cancellation.
RQ-4 Global Hawk Block [-480,440]
30 cancellation.
TOTAL AIRCRAFT 74 11,002,999 86 11,316,699 74 10,094,251 12 276,600 86 11,279,599
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF AMMUNITION,
AIR FORCE
ROCKETS
001 ROCKETS................... 8,927 8,927 8,927 8,927
CARTRIDGES
002 CARTRIDGES................ 118,075 118,075 118,075 118,075
BOMBS
003 PRACTICE BOMBS............ 32,393 32,393 32,393 32,393
004 GENERAL PURPOSE BOMBS..... 163,467 163,467 163,467 163,467
005 JOINT DIRECT ATTACK 3,259 101,921 3,259 101,921 3,259 101,921 3,259 101,921
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD................... 43,829 43,829 43,829 43,829
007 EXPLOSIVE ORDNANCE 7,515 7,515 7,515 7,515
DISPOSAL (EOD).
008 SPARES AND REPAIR PARTS... 1,003 1,003 1,003 1,003
009 MODIFICATIONS............. 5,321 5,321 5,321 5,321
010 ITEMS LESS THAN $5 MILLION 5,066 5,066 5,066 5,066
FUZES
011 FLARES.................... 46,010 46,010 46,010 46,010
012 FUZES..................... 36,444 36,444 36,444 36,444
SMALL ARMS
013 SMALL ARMS................ 29,223 29,223 29,223 29,223
TOTAL PROCUREMENT OF 3,259 599,194 3,259 599,194 3,259 599,194 3,259 599,194
AMMUNITION, AIR FORCE.
MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT EQ- 56,906 56,906 56,906 56,906
BALLISTIC.
TACTICAL
002 JASSM..................... 157 240,399 157 240,399 157 240,399 157 240,399
003 SIDEWINDER (AIM-9X)....... 164 88,020 164 88,020 164 88,020 164 88,020
004 AMRAAM.................... 113 229,637 113 244,637 113 229,637 -22,700 113 206,937
Missile unit cost [-22,700]
adjustment.
Program increase...... [15,000]
005 PREDATOR HELLFIRE MISSILE. 413 47,675 413 47,675 413 47,675 413 47,675
006 SMALL DIAMETER BOMB....... 144 42,000 144 42,000 144 42,000 144 42,000
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/POL 744 744 744 744
PREVENTION.
CLASS IV
009 MM III MODIFICATIONS...... 54,794 54,794 54,794 54,794
010 AGM-65D MAVERICK.......... 271 271 271 271
011 AGM-88A HARM.............. 23,240 23,240 23,240 23,240
012 AIR LAUNCH CRUISE MISSILE 13,620 13,620 13,620 13,620
(ALCM).
013 SMALL DIAMETER BOMB....... 5,000 5,000 5,000 5,000
MISSILE SPARES AND REPAIR
PARTS
014 INITIAL SPARES/REPAIR 74,373 74,373 74,373 74,373
PARTS.
SPACE PROGRAMS
015 ADVANCED EHF.............. 557,205 557,205 557,205 -10,000 547,205
Schedule Delay Due to [-10,000]
Late AP Award.
017 WIDEBAND GAPFILLER 36,835 36,835 36,835 36,835
SATELLITES(SPACE).
019 GPS III SPACE SEGMENT..... 2 410,294 2 410,294 2 410,294 2 410,294
020 ADVANCE PROCUREMENT 82,616 82,616 82,616 82,616
(CY).
021 SPACEBORNE EQUIP (COMSEC). 10,554 10,554 10,554 10,554
022 GLOBAL POSITIONING (SPACE) 58,147 58,147 58,147 58,147
023 DEF METEOROLOGICAL SAT 89,022 89,022 89,022 89,022
PROG(SPACE).
024 EVOLVED EXPENDABLE LAUNCH 4 1,679,856 4 1,679,856 4 1,679,856 4 1,679,856
VEH(SPACE).
025 SBIR HIGH (SPACE)......... 2 454,251 2 454,251 2 454,251 2 454,251
SPECIAL PROGRAMS
030 SPECIAL UPDATE PROGRAMS... 138,904 138,904 138,904 138,904
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS....... 1,097,483 1,097,483 1,097,483 1,097,483
TOTAL MISSILE 999 5,491,846 999 5,506,846 999 5,491,846 -32,700 999 5,459,146
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,905 1,905 1,905 1,905
VEHICLES.
CARGO AND UTILITY VEHICLES
002 MEDIUM TACTICAL VEHICLE... 18,547 18,547 18,547 18,547
003 CAP VEHICLES.............. 932 932 932 932
004 ITEMS LESS THAN $5 MILLION 1,699 1,699 1,699 1,699
SPECIAL PURPOSE VEHICLES
005 SECURITY AND TACTICAL 10,850 10,850 10,850 10,850
VEHICLES.
006 ITEMS LESS THAN $5 MILLION 9,246 9,246 9,246 9,246
FIRE FIGHTING EQUIPMENT
007 FIRE FIGHTING/CRASH RESCUE 23,148 23,148 23,148 23,148
VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 MILLION 18,323 18,323 18,323 18,323
BASE MAINTENANCE SUPPORT
009 RUNWAY SNOW REMOV AND 1,685 1,685 1,685 1,685
CLEANING EQU.
010 ITEMS LESS THAN $5 MILLION 17,014 17,014 17,014 17,014
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT.......... 166,559 166,559 166,559 166,559
013 MODIFICATIONS (COMSEC).... 1,133 1,133 1,133 1,133
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 2,749 2,749 2,749 2,749
EQUIPMENT.
015 INTELLIGENCE COMM 32,876 32,876 32,876 32,876
EQUIPMENT.
016 ADVANCE TECH SENSORS...... 877 877 877 877
017 MISSION PLANNING SYSTEMS.. 15,295 15,295 15,295 15,295
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 21,984 21,984 21,984 21,984
LANDING SYS.
019 NATIONAL AIRSPACE SYSTEM.. 30,698 30,698 30,698 30,698
020 BATTLE CONTROL SYSTEM-- 17,368 17,368 17,368 17,368
FIXED.
021 THEATER AIR CONTROL SYS 23,483 23,483 23,483 23,483
IMPROVEMENTS.
022 WEATHER OBSERVATION 17,864 17,864 17,864 17,864
FORECAST.
023 STRATEGIC COMMAND AND 53,995 53,995 53,995 -19,000 34,995
CONTROL.
Early to need......... [-19,000]
024 CHEYENNE MOUNTAIN COMPLEX. 14,578 14,578 14,578 14,578
025 TAC SIGINT SPT............ 208 208 208 208
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 69,743 69,743 69,743 69,743
TECHNOLOGY.
028 AF GLOBAL COMMAND & 15,829 15,829 15,829 47,200 63,029
CONTROL SYS.
Add MQ-1/9 RSO--SOC [9,900]
Procurement.
Establish ANG [37,300]
Targeting Unit--
Workstation
Procurement.
029 MOBILITY COMMAND AND 11,023 11,023 11,023 11,023
CONTROL.
030 AIR FORCE PHYSICAL 64,521 64,521 64,521 64,521
SECURITY SYSTEM.
031 COMBAT TRAINING RANGES.... 18,217 18,217 18,217 18,217
032 C3 COUNTERMEASURES........ 11,899 11,899 11,899 11,899
033 GCSS-AF FOS............... 13,920 13,920 13,920 13,920
034 THEATER BATTLE MGT C2 9,365 9,365 9,365 9,365
SYSTEM.
035 AIR & SPACE OPERATIONS CTR- 33,907 33,907 33,907 33,907
WPN SYS.
AIR FORCE COMMUNICATIONS
036 INFORMATION TRANSPORT 52,464 52,464 52,464 52,464
SYSTEMS.
038 AFNET..................... 125,788 125,788 125,788 125,788
039 VOICE SYSTEMS............. 16,811 16,811 16,811 16,811
040 USCENTCOM................. 32,138 32,138 32,138 32,138
DISA PROGRAMS
041 SPACE BASED IR SENSOR PGM 47,135 47,135 47,135 47,135
SPACE.
042 NAVSTAR GPS SPACE......... 2,031 2,031 2,031 2,031
043 NUDET DETECTION SYS SPACE. 5,564 5,564 5,564 5,564
044 AF SATELLITE CONTROL 44,219 44,219 44,219 44,219
NETWORK SPACE.
045 SPACELIFT RANGE SYSTEM 109,545 109,545 109,545 109,545
SPACE.
046 MILSATCOM SPACE........... 47,592 47,592 47,592 47,592
047 SPACE MODS SPACE.......... 47,121 47,121 47,121 47,121
048 COUNTERSPACE SYSTEM....... 20,961 20,961 20,961 20,961
ORGANIZATION AND BASE
049 TACTICAL C-E EQUIPMENT.... 126,131 126,131 126,131 126,131
050 COMBAT SURVIVOR EVADER 23,707 23,707 23,707 23,707
LOCATER.
051 RADIO EQUIPMENT........... 12,757 12,757 12,757 12,757
052 CCTV/AUDIOVISUAL EQUIPMENT 10,716 10,716 10,716 10,716
053 BASE COMM INFRASTRUCTURE.. 74,528 74,528 74,528 74,528
MODIFICATIONS
054 COMM ELECT MODS........... 43,507 43,507 43,507 43,507
PERSONAL SAFETY & RESCUE
EQUIP
055 NIGHT VISION GOGGLES...... 22,693 22,693 22,693 22,693
056 ITEMS LESS THAN $5 MILLION 30,887 30,887 30,887 30,887
DEPOT PLANT+MTRLS HANDLING
EQ
057 MECHANIZED MATERIAL 2,850 2,850 2,850 2,850
HANDLING EQUIP.
BASE SUPPORT EQUIPMENT
058 BASE PROCURED EQUIPMENT... 8,387 8,387 8,387 8,387
059 CONTINGENCY OPERATIONS.... 10,358 10,358 10,358 10,358
060 PRODUCTIVITY CAPITAL 3,473 3,473 3,473 3,473
INVESTMENT.
062 MOBILITY EQUIPMENT........ 14,471 14,471 14,471 14,471
063 ITEMS LESS THAN $5 MILLION 1,894 1,894 1,894 1,894
SPECIAL SUPPORT PROJECTS
065 DARP RC135................ 24,176 24,176 24,176 24,176
066 DCGS-AF................... 142,928 142,928 142,928 142,928
068 SPECIAL UPDATE PROGRAM.... 479,446 479,446 479,446 479,446
069 DEFENSE SPACE 39,155 39,155 39,155 39,155
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS....... 14,331,312 14,331,312 14,331,312 14,331,312
SPARES AND REPAIR PARTS
071 SPARES AND REPAIR PARTS... 14,663 14,663 14,663 14,663
TOTAL OTHER 16,720,848 16,720,848 16,720,848 28,200 16,749,048
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCAA
002 ITEMS LESS THAN $5 MILLION 1,486 1,486 1,486 1,486
MAJOR EQUIPMENT, DCMA
003 MAJOR EQUIPMENT........... 2,129 2,129 2,129 2,129
MAJOR EQUIPMENT, DHRA
005 PERSONNEL ADMINISTRATION.. 6,147 6,147 6,147 6,147
MAJOR EQUIPMENT, DISA
012 INFORMATION SYSTEMS 12,708 12,708 12,708 12,708
SECURITY.
014 GLOBAL COMBAT SUPPORT 3,002 3,002 3,002 3,002
SYSTEM.
015 TELEPORT PROGRAM.......... 46,992 46,992 46,992 46,992
016 ITEMS LESS THAN $5 MILLION 108,462 108,462 108,462 108,462
017 NET CENTRIC ENTERPRISE 2,865 2,865 2,865 2,865
SERVICES (NCES).
018 DEFENSE INFORMATION SYSTEM 116,906 116,906 116,906 116,906
NETWORK.
019 PUBLIC KEY INFRASTRUCTURE. 1,827 1,827 1,827 1,827
021 CYBER SECURITY INITIATIVE. 10,319 10,319 10,319 10,319
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT........... 9,575 9,575 9,575 9,575
MAJOR EQUIPMENT, DMACT
023 MAJOR EQUIPMENT........... 6 15,179 6 15,179 6 15,179 6 15,179
MAJOR EQUIPMENT, DODEA
024 AUTOMATION/EDUCATIONAL 1,458 1,458 1,458 1,458
SUPPORT & LOGISTICS.
MAJOR EQUIPMENT, DSS
026 MAJOR EQUIPMENT........... 2,522 2,522 2,522 2,522
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
027 VEHICLES.................. 1 50 1 50 1 50 1 50
028 OTHER MAJOR EQUIPMENT..... 3 13,096 3 13,096 3 13,096 3 13,096
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
030 THAAD..................... 36 460,728 48 587,728 36 560,728 36 460,728
Procure additional [12] [127,000] [100,000]
THAAD interceptors.
031 AEGIS BMD................. 29 389,626 29 389,626 29 389,626 29 389,626
032 BMDS AN/TPY-2 RADARS...... 1 217,244 2 387,244 1 217,244 1 163,000 2 380,244
Procure additional AN/ [1] [170,000] [1] [163,000]
TPY-2 radar.
033 RADAR SPARES.............. 10,177 10,177 10,177 10,177
MAJOR EQUIPMENT, NSA
041 INFORMATION SYSTEMS 6,770 6,770 6,770 6,770
SECURITY PROGRAM (ISSP).
MAJOR EQUIPMENT, OSD
042 MAJOR EQUIPMENT, OSD...... 45,938 45,938 45,938 45,938
043 MAJOR EQUIPMENT, 17,582 17,582 17,582 17,582
INTELLIGENCE.
MAJOR EQUIPMENT, TJS
044 MAJOR EQUIPMENT, TJS...... 21,878 21,878 21,878 21,878
MAJOR EQUIPMENT, WHS
045 MAJOR EQUIPMENT, WHS...... 26,550 26,550 26,550 26,550
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS....... 555,787 555,787 555,787 555,787
AVIATION PROGRAMS
046 ROTARY WING UPGRADES AND 74,832 74,832 74,832 74,832
SUSTAINMENT.
048 MH-60 MODERNIZATION 126,780 126,780 126,780 126,780
PROGRAM.
049 NON-STANDARD AVIATION..... 7 99,776 7 36,976 7 37,000 -62,776 7 37,000
Transfer to Line 051-- [-62,800] [-62,776] [-62,776]
Mission Shift.
051 U-28...................... 7,530 116,930 116,906 109,376 116,906
Transfer from Line [62,800] [62,776] [62,776]
049--Mission Shift.
USSOCOM UFR........... [46,600] [46,600] [46,600]
052 MH-47 CHINOOK............. 7 134,785 7 134,785 7 134,785 7 134,785
053 RQ-11 UNMANNED AERIAL 2,062 2,062 2,062 2,062
VEHICLE.
054 CV-22 MODIFICATION........ 4 139,147 4 139,147 4 139,147 4 139,147
055 MQ-1 UNMANNED AERIAL 3,963 26,963 26,963 23,000 26,963
VEHICLE.
USSOCOM UFR........... [23,000] [23,000] [23,000]
056 MQ-9 UNMANNED AERIAL 3,952 39,352 39,352 35,400 39,352
VEHICLE.
USSOCOM UFR........... [35,400] [35,400] [35,400]
058 STUASL0................... 12,945 12,945 12,945 12,945
059 PRECISION STRIKE PACKAGE.. 73,013 73,013 73,013 73,013
060 AC/MC-130J................ 51,484 51,484 51,484 51,484
062 C-130 MODIFICATIONS....... 25,248 25,248 25,248 25,248
063 AIRCRAFT SUPPORT.......... 5,314 5,314 5,314 5,314
SHIPBUILDING
064 UNDERWATER SYSTEMS........ 23,037 23,037 15,037 -8,000 15,037
Transfer to RDDW Line [-8,000] [-8,000]
272 at USSOCOM request.
AMMUNITION PROGRAMS
066 ORDNANCE REPLENISHMENT.... 113,183 113,183 113,183 113,183
067 ORDNANCE ACQUISITION...... 36,981 36,981 36,981 36,981
OTHER PROCUREMENT PROGRAMS
068 COMMUNICATIONS EQUIPMENT 99,838 103,738 103,738 3,900 103,738
AND ELECTRONICS.
USSOCOM UFR........... [3,900] [3,900] [3,900]
069 INTELLIGENCE SYSTEMS...... 71,428 71,428 71,428 71,428
070 SMALL ARMS AND WEAPONS.... 27,108 27,108 27,108 27,108
071 DISTRIBUTED COMMON GROUND/ 12,767 12,767 15,967 3,200 15,967
SURFACE SYSTEMS.
USSOCOM UFR........... [3,200] [3,200]
074 COMBATANT CRAFT SYSTEMS... 42,348 42,348 42,348 42,348
075 SPARES AND REPAIR PARTS... 600 600 600 600
077 TACTICAL VEHICLES......... 37,421 37,421 37,421 37,421
078 MISSION TRAINING AND 36,949 41,949 41,949 5,000 41,949
PREPARATION SYSTEMS.
USSOCOM UFR........... [5,000] [5,000] [5,000]
079 COMBAT MISSION 20,255 20,255 26,255 6,000 26,255
REQUIREMENTS.
AC-130 electro-optical [6,000] [6,000]
and infrared sensors.
080 MILCON COLLATERAL 17,590 17,590 17,590 17,590
EQUIPMENT.
082 AUTOMATION SYSTEMS........ 66,573 66,573 66,573 66,573
083 GLOBAL VIDEO SURVEILLANCE 6,549 6,549 6,549 6,549
ACTIVITIES.
084 OPERATIONAL ENHANCEMENTS 32,335 32,335 32,335 32,335
INTELLIGENCE.
085 SOLDIER PROTECTION AND 15,153 15,153 15,153 15,153
SURVIVAL SYSTEMS.
086 VISUAL AUGMENTATION LASERS 33,920 33,920 33,920 33,920
AND SENSOR SYSTEMS.
087 TACTICAL RADIO SYSTEMS.... 75,132 75,132 75,132 75,132
090 MISCELLANEOUS EQUIPMENT... 6,667 6,667 6,667 6,667
091 OPERATIONAL ENHANCEMENTS.. 217,972 243,272 243,272 25,300 243,272
USSOCOM UFR........... [25,300] [25,300] [25,300]
092 MILITARY INFORMATION 27,417 27,417 27,417 27,417
SUPPORT OPERATIONS.
CBDP
093 INSTALLATION FORCE 24,025 24,025 24,025 24,025
PROTECTION.
094 INDIVIDUAL PROTECTION..... 73,720 73,720 73,720 73,720
095 DECONTAMINATION........... 506 506 506 506
096 JOINT BIO DEFENSE PROGRAM 32,597 32,597 32,597 32,597
(MEDICAL).
097 COLLECTIVE PROTECTION..... 3,144 3,144 3,144 3,144
098 CONTAMINATION AVOIDANCE... 164,886 164,886 164,886 164,886
TOTAL PROCUREMENT, 94 4,187,935 107 4,624,135 94 4,428,335 1 303,400 95 4,491,335
DEFENSE-WIDE.
JOINT URGENT OPERATIONAL
NEEDS FUND
JOINT URGENT OPERATIONAL
NEEDS FUND
001 JOINT URGENT OPERATIONAL 99,477 99,477 -99,477 0
NEEDS FUND.
Program reduction..... [-99,477] [-99,477]
TOTAL JOINT URGENT 99,477 99,477 -99,477 0
OPERATIONAL NEEDS
FUND.
NATIONAL GUARD & RESERVE
EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS EQUIPMENT... 150,000 150,000
Program increase...... [150,000]
TOTAL NATIONAL GUARD 150,000 150,000
& RESERVE EQUIPMENT.
TOTAL PROCUREMENT.... 125,474 97,432,379 125,524 99,111,919 124,864 96,967,163 -577 965,851 124,897 98,398,230
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2013 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item ----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
ROTARY
009 AH-64 APACHE BLOCK IIIB 2 71,000 2 71,000 2 71,000
NEW BUILD.
Funding ahead of need. [-2] [-71,000]
012 KIOWA WARRIOR (OH-58F) WRA 16 183,900 16 183,900 16 183,900 16 183,900
015 CH-47 HELICOPTER.......... 6 231,300 6 231,300 6 231,300 6 231,300
TOTAL AIRCRAFT 24 486,200 24 486,200 22 415,200 24 486,200
PROCUREMENT, ARMY.
MISSILE PROCUREMENT, ARMY
AIR-TO-SURFACE MISSILE
SYSTEM
004 HELLFIRE SYS SUMMARY...... 161 29,100 161 29,100 161 29,100 161 29,100
ANTI-TANK/ASSAULT MISSILE
SYS
008 GUIDED MLRS ROCKET (GMLRS) 186 20,553 186 20,553 186 20,553 186 20,553
TOTAL MISSILE 347 49,653 347 49,653 347 49,653 347 49,653
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV, ARMY
MOD OF WEAPONS AND OTHER
COMBAT VEH
036 M16 RIFLE MODS............ 15,422 15,422 15,422 15,422
TOTAL PROCUREMENT OF 15,422 15,422 15,422 15,422
W&TCV, ARMY.
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL
AMMUNITION
003 CTG, HANDGUN, ALL TYPES... 1,500 1,500 1,500 1,500
004 CTG, .50 CAL, ALL TYPES... 10,000 10,000 10,000 10,000
007 CTG, 30MM, ALL TYPES...... 80,000 61,000 80,000 -19,000 61,000
Pricing adjustments [-19,000] [-19,000]
for target practice
round and light-weight
dual purpose round.
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES.... 14,000 14,000 14,000 14,000
010 81MM MORTAR, ALL TYPES.... 6,000 6,000 6,000 6,000
011 120MM MORTAR, ALL TYPES... 56,000 56,000 56,000 56,000
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 75MM 29,956 29,956 29,956 29,956
AND 105MM, ALL TYP.
014 ARTILLERY PROJECTILE, 37,044 37,044 37,044 37,044
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED RANGE 12,300 12,300 12,300 12,300
XM982.
016 ARTILLERY PROPELLANTS, 17,000 17,000 17,000 17,000
FUZES AND PRIMERS, ALL.
MINES
017 MINES & CLEARING CHARGES, 12,000 12,000 12,000 12,000
ALL TYPES.
ROCKETS
020 ROCKET, HYDRA 70, ALL 63,635 63,635 63,635 63,635
TYPES.
OTHER AMMUNITION
023 SIGNALS, ALL TYPES........ 16,858 16,858 16,858 16,858
MISCELLANEOUS
028 ITEMS LESS THAN $5 MILLION 1,200 1,200 1,200 1,200
TOTAL PROCUREMENT OF 357,493 338,493 357,493 -19,000 338,493
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
002 FAMILY OF MEDIUM TACTICAL 223 28,247 223 28,247 223 28,247 223 28,247
VEH (FMTV).
004 FAMILY OF HEAVY TACTICAL 2,050 2,050 2,050 2,050
VEHICLES (FHTV).
011 HMMWV RECAPITALIZATION 2,128 271,000 2,128 271,000 2,128 271,000 2,128 271,000
PROGRAM.
014 MINE-RESISTANT AMBUSH- 927,400 927,400 927,400 927,400
PROTECTED (MRAP) MODS.
COMM--INTELLIGENCE COMM
052 RESERVE CA/MISO GPF 8,000 8,000 8,000 8,000
EQUIPMENT.
COMM--BASE COMMUNICATIONS
061 INSTALLATION INFO 25,000 25,000 65,000 40,000 65,000
INFRASTRUCTURE MOD
PROGRAM(.
Transfer from OMA OCO [40,000] [40,000]
at SOUTHCOM request.
ELECT EQUIP--TACT INT REL
ACT (TIARA)
069 DCGS-A (MIP).............. 960 90,355 960 90,355 960 90,355 960 90,355
073 CI HUMINT AUTO REPRINTING 6,516 6,516 6,516 6,516
AND COLLECTION.
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
075 LIGHTWEIGHT COUNTER MORTAR 27,646 27,646 27,646 27,646
RADAR.
077 FMLY OF PERSISTENT 52,000 52,000 52,000 52,000
SURVEILLANCE CAPABILITIES.
078 COUNTERINTELLIGENCE/ 205,209 205,209 205,209 205,209
SECURITY COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
092 MOD OF IN-SVC EQUIP 14,600 14,600 14,600 14,600
(FIREFINDER RADARS).
099 COUNTERFIRE RADARS........ 4 54,585 4 54,585 4 54,585 4 54,585
ELECT EQUIP--TACTICAL C2
SYSTEMS
102 FIRE SUPPORT C2 FAMILY.... 22,430 22,430 22,430 22,430
103 BATTLE COMMAND SUSTAINMENT 2,400 2,400 2,400 2,400
SUPPORT SYSTEM.
112 MANEUVER CONTROL SYSTEM 6,400 6,400 6,400 6,400
(MCS).
113 SINGLE ARMY LOGISTICS 5,160 5,160 5,160 5,160
ENTERPRISE (SALE).
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 15,000 15,000 15,000 15,000
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS (BDS) 7,193 66,100 7,193 66,100 7,193 66,100 7,193 66,100
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
135 EXPLOSIVE ORDNANCE 3,565 3,565 3,565 3,565
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE SUPPORT
EQUIPMENT
143 FORCE PROVIDER............ 1 39,700 1 39,700 1 39,700 1 39,700
145 CARGO AERIAL DEL & 15 650 15 650 15 650 15 650
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 13 2,119 13 2,119 13 2,119 13 2,119
PETROLEUM & WATER.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 4 428 4 428 4 428 4 428
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5 MILLION 30 30 30 30
(MAINT EQ).
TRAINING EQUIPMENT
175 COMBAT TRAINING CENTERS 7,000 7,000 7,000 7,000
SUPPORT.
176 TRAINING DEVICES, 1,275 27,250 1,275 27,250 1,275 27,250 1,275 27,250
NONSYSTEM.
178 AVIATION COMBINED ARMS 1,000 1,000 1,000 1,000
TACTICAL TRAINER.
179 GAMING TECHNOLOGY IN 5,900 5,900 5,900 5,900
SUPPORT OF ARMY TRAINING.
OTHER SUPPORT EQUIPMENT
183 RAPID EQUIPPING SOLDIER 98,167 60,167 91,167 20,000 118,167
SUPPORT EQUIPMENT.
Rapid equipping force [-38,000] [-37,000] [-10,000]
delayed execution
rates.
Solar power units..... [30,000] [30,000]
TOTAL OTHER 11,816 2,015,907 11,816 1,977,907 11,816 2,048,907 60,000 11,816 2,075,907
PROCUREMENT, ARMY.
JOINT IMPR EXPLOSIVE DEV
DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK........ 950,500 950,500 850,500 -25,500 925,000
Program decrease-- [-100,000] [-25,500]
under execution.
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE......... 400,000 400,000 350,000 -25,000 375,000
Program decrease-- [-50,000] [-25,000]
under execution &
program delays.
FORCE TRAINING
003 TRAIN THE FORCE........... 149,500 149,500 128,500 -5,000 144,500
Program decrease-- [-21,000] [-5,000]
under execution &
program delays.
STAFF AND INFRASTRUCTURE
004 OPERATIONS................ 175,400 402,800 373,814 222,414 397,814
Program decrease-- [-29,000] [-5,000]
under execution &
program delays.
Transfer from title 1. [227,400] [227,414] [227,414]
TOTAL JOINT IMPR 1,675,400 1,902,800 1,702,814 166,914 1,842,314
EXPLOSIVE DEV DEFEAT
FUND.
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
011 H-1 UPGRADES (UH-1Y/AH-1Z) 1 29,800 1 29,800 1 29,800 1 29,800
MODIFICATION OF AIRCRAFT
030 AV-8 SERIES............... 42,238 42,238 42,238 42,238
032 F-18 SERIES............... 41,243 41,243 41,243 41,243
035 H-53 SERIES............... 15,870 15,870 15,870 15,870
038 EP-3 SERIES............... 13,030 13,030 13,030 13,030
043 C-130 SERIES.............. 16,737 16,737 16,737 16,737
048 SPECIAL PROJECT AIRCRAFT.. 2,714 2,714 2,714 2,714
054 COMMON AVIONICS CHANGES... 570 570 570 570
AIRCRAFT SUPPORT EQUIP &
FACILITIES
062 COMMON GROUND EQUIPMENT... 2,380 2,380 2,380 2,380
TOTAL AIRCRAFT 1 164,582 1 164,582 1 164,582 1 164,582
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
009 HELLFIRE.................. 212 17,000 212 17,000 212 17,000 212 17,000
010 STAND OFF PRECISION GUIDED 50 6,500 50 6,500 50 6,500 50 6,500
MUNITIONS (SOPGM).
TOTAL WEAPONS 262 23,500 262 23,500 262 23,500 262 23,500
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO, NAVY
& MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS..... 18,000 18,000 18,000 18,000
002 AIRBORNE ROCKETS, ALL 80,200 80,200 80,200 80,200
TYPES.
003 MACHINE GUN AMMUNITION.... 21,500 21,500 21,500 21,500
006 AIR EXPENDABLE 20,303 20,303 20,303 20,303
COUNTERMEASURES.
011 OTHER SHIP GUN AMMUNITION. 532 532 532 532
012 SMALL ARMS & LANDING PARTY 2,643 2,643 2,643 2,643
AMMO.
013 PYROTECHNIC AND DEMOLITION 2,322 2,322 2,322 2,322
014 AMMUNITION LESS THAN $5 6,308 6,308 6,308 6,308
MILLION.
MARINE CORPS AMMUNITION
015 SMALL ARMS AMMUNITION..... 10,948 10,948 10,948 10,948
016 LINEAR CHARGES, ALL TYPES. 9,940 9,940 9,940 9,940
017 40 MM, ALL TYPES.......... 5,963 5,963 5,963 5,963
020 120MM, ALL TYPES.......... 11,605 11,605 11,605 11,605
021 CTG 25MM, ALL TYPES....... 2,831 2,831 2,831 2,831
022 GRENADES, ALL TYPES....... 2,359 2,359 2,359 2,359
023 ROCKETS, ALL TYPES........ 3,051 3,051 3,051 3,051
024 ARTILLERY, ALL TYPES...... 54,886 54,886 54,886 54,886
025 DEMOLITION MUNITIONS, ALL 1,391 1,391 1,391 1,391
TYPES.
026 FUZE, ALL TYPES........... 30,945 30,945 30,945 30,945
027 NON LETHALS............... 8 8 8 8
029 ITEMS LESS THAN $5 MILLION 12 12 12 12
TOTAL PROCUREMENT OF 285,747 285,747 285,747 285,747
AMMO, NAVY & MC.
OTHER PROCUREMENT, NAVY
OTHER SHORE ELECTRONIC
EQUIPMENT
070 TACTICAL/MOBILE C4I 3,603 3,603 3,603 3,603
SYSTEMS.
AIRCRAFT SUPPORT EQUIPMENT
097 EXPEDITIONARY AIRFIELDS... 58,200 58,200 58,200 58,200
CIVIL ENGINEERING SUPPORT
EQUIPMENT
127 PASSENGER CARRYING 3,901 3,901 3,901 3,901
VEHICLES.
128 GENERAL PURPOSE TRUCKS.... 852 852 852 852
129 CONSTRUCTION & MAINTENANCE 2,436 2,436 2,436 2,436
EQUIP.
130 FIRE FIGHTING EQUIPMENT... 3,798 3,798 3,798 3,798
131 TACTICAL VEHICLES......... 13,394 13,394 13,394 13,394
134 ITEMS UNDER $5 MILLION.... 375 375 375 375
COMMAND SUPPORT EQUIPMENT
149 C4ISR EQUIPMENT........... 3,000 3,000 3,000 3,000
151 PHYSICAL SECURITY 9,323 9,323 9,323 9,323
EQUIPMENT.
TOTAL OTHER 98,882 98,882 98,882 98,882
PROCUREMENT, NAVY.
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
002 LAV PIP................... 10,000 10,000 10,000 10,000
ARTILLERY AND OTHER
WEAPONS
005 HIGH MOBILITY ARTILLERY 108,860 108,860 108,860 108,860
ROCKET SYSTEM.
GUIDED MISSILES
010 JAVELIN................... 29,158 29,158 29,158 29,158
OTHER SUPPORT
013 MODIFICATION KITS......... 41,602 41,602 41,602 41,602
REPAIR AND TEST EQUIPMENT
015 REPAIR AND TEST EQUIPMENT. 13,632 13,632 13,632 13,632
OTHER SUPPORT (TEL)
017 MODIFICATION KITS......... 2,831 2,831 2,831 2,831
COMMAND AND CONTROL SYSTEM
(NON-TEL)
019 AIR OPERATIONS C2 SYSTEMS. 51 15,575 51 15,575 51 15,575 51 15,575
RADAR + EQUIPMENT (NON-
TEL)
020 RADAR SYSTEMS............. 8,015 8,015 8,015 8,015
INTELL/COMM EQUIPMENT (NON-
TEL)
023 INTELLIGENCE SUPPORT 35,310 35,310 35,310 35,310
EQUIPMENT.
OTHER COMM/ELEC EQUIPMENT
(NON-TEL)
029 NIGHT VISION EQUIPMENT.... 332 652 332 652 332 652 332 652
OTHER SUPPORT (NON-TEL)
030 COMMON COMPUTER RESOURCES. 25 19,807 25 19,807 25 19,807 25 19,807
032 RADIO SYSTEMS............. 74 36,482 74 36,482 74 36,482 74 36,482
033 COMM SWITCHING & CONTROL 4 41,295 4 41,295 4 41,295 4 41,295
SYSTEMS.
TACTICAL VEHICLES
039 MEDIUM TACTICAL VEHICLE 32 10,466 32 10,466 32 10,466 32 10,466
REPLACEMENT.
041 FAMILY OF TACTICAL 7,642 7,642 7,642 7,642
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
045 BULK LIQUID EQUIPMENT..... 18,239 18,239 18,239 18,239
046 TACTICAL FUEL SYSTEMS..... 51,359 51,359 51,359 51,359
047 POWER EQUIPMENT ASSORTED.. 20,247 20,247 20,247 20,247
049 EOD SYSTEMS............... 207 362,658 207 362,658 207 362,658 207 362,658
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 55,500 55,500 55,500 55,500
EQUIPMENT.
052 MATERIAL HANDLING EQUIP... 19,100 19,100 19,100 19,100
GENERAL PROPERTY
054 FIELD MEDICAL EQUIPMENT... 15,751 15,751 15,751 15,751
055 TRAINING DEVICES.......... 3,602 3,602 3,602 3,602
057 FAMILY OF CONSTRUCTION 15,900 15,900 15,900 15,900
EQUIPMENT.
TOTAL PROCUREMENT, 725 943,683 725 943,683 725 943,683 725 943,683
MARINE CORPS.
AIRCRAFT PROCUREMENT, AIR
FORCE
STRATEGIC AIRCRAFT
035 LARGE AIRCRAFT INFRARED 139,800 139,800 139,800 139,800
COUNTERMEASURES.
OTHER AIRCRAFT
055 U-2 MODS.................. 46,800 46,800 46,800 46,800
063 C-130..................... 11,400 11,400 11,400 11,400
067 COMPASS CALL MODS......... 14,000 14,000 14,000 14,000
068 RC-135.................... 8,000 8,000 8,000 8,000
075 HC/MC-130 MODIFICATIONS... 4,700 4,700 4,700 4,700
AIRCRAFT SPARES AND REPAIR
PARTS
081 INITIAL SPARES/REPAIR 21,900 21,900 21,900 21,900
PARTS.
OTHER PRODUCTION CHARGES
099 OTHER PRODUCTION CHARGES.. 59,000 59,000 59,000 59,000
TOTAL AIRCRAFT 305,600 305,600 305,600 305,600
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF AMMUNITION,
AIR FORCE
CARTRIDGES
002 CARTRIDGES................ 13,592 13,592 13,592 13,592
BOMBS
004 GENERAL PURPOSE BOMBS..... 23,211 23,211 23,211 23,211
005 JOINT DIRECT ATTACK 1,419 53,923 1,419 53,923 1,419 53,923 1,419 53,923
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD................... 2,638 2,638 2,638 2,638
010 ITEMS LESS THAN $5 MILLION 2,600 2,600 2,600 2,600
FUZES
011 FLARES.................... 11,726 11,726 11,726 11,726
012 FUZES..................... 8,513 8,513 8,513 8,513
TOTAL PROCUREMENT OF 1,419 116,203 1,419 116,203 1,419 116,203 1,419 116,203
AMMUNITION, AIR FORCE.
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
005 PREDATOR HELLFIRE MISSILE. 304 34,350 304 34,350 304 34,350 304 34,350
TOTAL MISSILE 304 34,350 304 34,350 304 34,350 304 34,350
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
CARGO AND UTILITY VEHICLES
002 MEDIUM TACTICAL VEHICLE... 2,010 2,010 2,010 2,010
004 ITEMS LESS THAN $5 MILLION 2,675 2,675 2,675 2,675
SPECIAL PURPOSE VEHICLES
006 ITEMS LESS THAN $5 MILLION 2,557 2,557 2,557 2,557
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 MILLION 4,329 4,329 4,329 4,329
BASE MAINTENANCE SUPPORT
009 RUNWAY SNOW REMOV AND 984 984 984 984
CLEANING EQU.
010 ITEMS LESS THAN $5 MILLION 9,120 9,120 9,120 9,120
ELECTRONICS PROGRAMS
022 WEATHER OBSERVATION 5,600 5,600 5,600 5,600
FORECAST.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 11,157 11,157 11,157 11,157
TECHNOLOGY.
ORGANIZATION AND BASE
049 TACTICAL C-E EQUIPMENT.... 7,000 7,000 7,000 7,000
053 BASE COMM INFRASTRUCTURE.. 10,654 10,654 10,654 10,654
MODIFICATIONS
054 COMM ELECT MODS........... 8,000 8,000 8,000 8,000
PERSONAL SAFETY & RESCUE
EQUIP
055 NIGHT VISION GOGGLES...... 902 902 902 902
BASE SUPPORT EQUIPMENT
059 CONTINGENCY OPERATIONS.... 60,090 60,090 60,090 60,090
062 MOBILITY EQUIPMENT........ 9,400 9,400 9,400 9,400
063 ITEMS LESS THAN $5 MILLION 9,175 9,175 9,175 9,175
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS....... 2,672,317 2,672,317 2,672,317 2,672,317
SPARES AND REPAIR PARTS
071 SPARES AND REPAIR PARTS... 2,300 2,300 2,300 2,300
TOTAL OTHER 2,818,270 2,818,270 2,818,270 2,818,270
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
015 TELEPORT PROGRAM.......... 5,260 5,260 5,260 5,260
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS....... 126,201 126,201 126,201 126,201
AVIATION PROGRAMS
061 MQ-8 UAV.................. 16,500 16,500 16,500 16,500
OTHER PROCUREMENT PROGRAMS
068 COMMUNICATIONS EQUIPMENT 4 151 4 151 4 151 4 151
AND ELECTRONICS.
069 INTELLIGENCE SYSTEMS...... 41 30,528 41 30,528 41 30,528 41 30,528
077 TACTICAL VEHICLES......... 54 1,843 54 1,843 54 1,843 54 1,843
082 AUTOMATION SYSTEMS........ 1 1,000 1 1,000 1 1,000 1 1,000
086 VISUAL AUGMENTATION LASERS 12 108 12 108 12 108 12 108
AND SENSOR SYSTEMS.
091 OPERATIONAL ENHANCEMENTS.. 31 14,758 31 14,758 31 14,758 31 14,758
TOTAL PROCUREMENT, 143 196,349 143 196,349 143 196,349 143 196,349
DEFENSE-WIDE.
JOINT URGENT OPERATIONAL
NEEDS FUND
JOINT URGENT OPERATIONAL
NEEDS FUND
001 JOINT URGENT OPERATIONAL 100,000 50,000 100,000 -100,000 0
NEEDS FUND.
Program reduction..... [-50,000] [-100,000]
TOTAL JOINT URGENT 100,000 50,000 100,000 -100,000 0
OPERATIONAL NEEDS
FUND.
NATIONAL GUARD & RESERVE
EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS EQUIPMENT... 500,000 350,000 350,000
Program increase...... [500,000] [350,000]
TOTAL NATIONAL GUARD 500,000 350,000 350,000
& RESERVE EQUIPMENT.
TOTAL PROCUREMENT.... 15,041 9,687,241 15,041 10,307,641 15,039 9,676,655 457,914 15,041 10,145,155
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ BASIC RESEARCH
001 0601101A IN-HOUSE 20,860 20,860 20,860 20,860
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE 219,180 219,180 219,180 219,180
RESEARCH
SCIENCES.
003 0601103A UNIVERSITY 80,986 80,986 80,986 80,986
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 123,045 123,045 123,045 123,045
INDUSTRY
RESEARCH
CENTERS.
................ SUBTOTAL 444,071 444,071 444,071 444,071
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
005 0602105A MATERIALS 29,041 39,291 29,041 10,000 39,041
TECHNOLOGY.
................ Advanced [10,250] [10,000]
coating
technologie
s for
corrosion
mitigation.
006 0602120A SENSORS AND 45,260 45,260 45,260 45,260
ELECTRONIC
SURVIVABILITY.
007 0602122A TRACTOR HIP.... 22,439 22,439 22,439 22,439
008 0602211A AVIATION 51,607 51,607 51,607 51,607
TECHNOLOGY.
009 0602270A ELECTRONIC 15,068 15,068 15,068 15,068
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 49,383 49,383 49,383 49,383
TECHNOLOGY.
011 0602307A ADVANCED 25,999 25,999 25,999 25,999
WEAPONS
TECHNOLOGY.
012 0602308A ADVANCED 23,507 23,507 23,507 23,507
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 69,062 69,062 69,062 69,062
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 60,823 60,823 60,823 60,823
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 4,465 4,465 4,465 4,465
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 7,169 7,169 7,169 7,169
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 35,218 35,218 35,218 35,218
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 60,300 60,300 60,300 60,300
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 53,244 53,244 53,244 53,244
TECHNOLOGY.
020 0602712A COUNTERMINE 18,850 18,850 18,850 18,850
SYSTEMS.
021 0602716A HUMAN FACTORS 19,872 19,872 19,872 19,872
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 20,095 20,095 20,095 20,095
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 28,852 28,852 28,852 28,852
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 9,830 9,830 9,830 9,830
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 70,693 70,693 70,693 70,693
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 17,781 17,781 17,781 17,781
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 28,281 28,281 28,281 28,281
TECHNOLOGY.
028 0602787A MEDICAL 107,891 107,891 107,891 107,891
TECHNOLOGY.
................ SUBTOTAL 874,730 884,980 874,730 10,000 884,730
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 39,359 39,359 39,359 39,359
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL 69,580 69,580 69,580 69,580
ADVANCED
TECHNOLOGY.
031 0603003A AVIATION 64,215 64,215 64,215 64,215
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 67,613 67,613 67,613 67,613
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 104,359 104,359 104,359 104,359
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
034 0603006A COMMAND, 4,157 4,157 4,157 4,157
CONTROL,
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 9,856 9,856 9,856 9,856
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC 50,661 50,661 50,661 50,661
WARFARE
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE... 9,126 9,126 9,126 9,126
038 0603015A NEXT GENERATION 17,257 17,257 17,257 17,257
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE... 9,925 9,925 9,925 9,925
040 0603105A MILITARY HIV 6,984 6,984 6,984 6,984
RESEARCH.
041 0603125A COMBATING 9,716 9,716 9,716 9,716
TERRORISM--TEC
HNOLOGY
DEVELOPMENT.
042 0603130A TRACTOR NAIL... 3,487 3,487 3,487 3,487
043 0603131A TRACTOR EGGS... 2,323 2,323 2,323 2,323
044 0603270A ELECTRONIC 21,683 21,683 21,683 21,683
WARFARE
TECHNOLOGY.
045 0603313A MISSILE AND 71,111 71,111 71,111 71,111
ROCKET
ADVANCED
TECHNOLOGY.
046 0603322A TRACTOR CAGE... 10,902 10,902 10,902 10,902
047 0603461A HIGH 180,582 180,582 180,582 180,582
PERFORMANCE
COMPUTING
MODERNIZATION
PROGRAM.
048 0603606A LANDMINE 27,204 27,204 27,204 27,204
WARFARE AND
BARRIER
ADVANCED
TECHNOLOGY.
049 0603607A JOINT SERVICE 6,095 6,095 6,095 6,095
SMALL ARMS
PROGRAM.
050 0603710A NIGHT VISION 37,217 37,217 37,217 37,217
ADVANCED
TECHNOLOGY.
051 0603728A ENVIRONMENTAL 13,626 13,626 13,626 13,626
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
052 0603734A MILITARY 28,458 28,458 28,458 28,458
ENGINEERING
ADVANCED
TECHNOLOGY.
053 0603772A ADVANCED 25,226 25,226 25,226 25,226
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
................ SUBTOTAL 890,722 890,722 890,722 890,722
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSILE 14,505 14,505 14,505 14,505
DEFENSE
SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 9,876 9,876 9,876 9,876
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE 5,054 5,054 5,054 5,054
WARFARE AND
BARRIER--ADV
DEV.
057 0603627A SMOKE, 2,725 2,725 2,725 2,725
OBSCURANT AND
TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 30,560 30,560 30,560 30,560
CALIBER
AMMUNITION.
059 0603653A ADVANCED TANK 14,347 14,347 14,347 14,347
ARMAMENT
SYSTEM (ATAS).
060 0603747A SOLDIER SUPPORT 10,073 10,073 10,073 10,073
AND
SURVIVABILITY.
061 0603766A TACTICAL 8,660 8,660 8,660 8,660
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV
DEV.
062 0603774A NIGHT VISION 10,715 10,715 10,715 10,715
SYSTEMS
ADVANCED
DEVELOPMENT.
063 0603779A ENVIRONMENTAL 4,631 4,631 4,631 4,631
QUALITY
TECHNOLOGY--DE
M/VAL.
064 0603782A WARFIGHTER 278,018 278,018 278,018 278,018
INFORMATION
NETWORK-
TACTICAL--DEM/
VAL.
065 0603790A NATO RESEARCH 4,961 4,961 4,961 4,961
AND
DEVELOPMENT.
066 0603801A AVIATION--ADV 8,602 8,602 8,602 8,602
DEV.
067 0603804A LOGISTICS AND 14,605 14,605 14,605 14,605
ENGINEER
EQUIPMENT--ADV
DEV.
068 0603805A COMBAT SERVICE 5,054 5,054 5,054 5,054
SUPPORT
CONTROL SYSTEM
EVALUATION AND
ANALYSIS.
069 0603807A MEDICAL 24,384 24,384 24,384 24,384
SYSTEMS--ADV
DEV.
070 0603827A SOLDIER 32,050 32,050 32,050 32,050
SYSTEMS--ADVAN
CED
DEVELOPMENT.
071 0603850A INTEGRATED 96 96 96 96
BROADCAST
SERVICE.
072 0604115A TECHNOLOGY 24,868 24,868 24,868 24,868
MATURATION
INITIATIVES.
073 0604131A TRACTOR JUTE... 59 59 59 59
075 0604319A INDIRECT FIRE 76,039 76,039 76,039 76,039
PROTECTION
CAPABILITY
INCREMENT 2-
INTERCEPT
(IFPC2).
077 0604785A INTEGRATED BASE 4,043 4,043 4,043 4,043
DEFENSE
(BUDGET
ACTIVITY 4).
078 0305205A ENDURANCE UAVS. 26,196 17,196 26,196 -5,999 20,197
................ Program [-9,000] [-5,999]
decrease.
................ SUBTOTAL 610,121 601,121 610,121 -5,999 604,122
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
079 0604201A AIRCRAFT 78,538 78,538 78,538 78,538
AVIONICS.
080 0604220A ARMED, 90,494 90,494 90,494 90,494
DEPLOYABLE
HELOS.
081 0604270A ELECTRONIC 181,347 176,347 181,347 -5,000 176,347
WARFARE
DEVELOPMENT.
................ Program [-5,000] [-5,000]
adjustment.
083 0604290A MID-TIER 12,636 12,636 12,636 12,636
NETWORKING
VEHICULAR
RADIO (MNVR).
084 0604321A ALL SOURCE 5,694 5,694 5,694 5,694
ANALYSIS
SYSTEM.
085 0604328A TRACTOR CAGE... 32,095 32,095 32,095 32,095
086 0604601A INFANTRY 96,478 93,078 96,478 -3,400 93,078
SUPPORT
WEAPONS.
................ XM25 [-3,400] [-3,400]
funding
ahead of
need.
087 0604604A MEDIUM TACTICAL 3,006 3,006 3,006 3,006
VEHICLES.
089 0604611A JAVELIN........ 5,040 5,040 5,040 5,040
090 0604622A FAMILY OF HEAVY 3,077 3,077 3,077 3,077
TACTICAL
VEHICLES.
091 0604633A AIR TRAFFIC 9,769 9,769 9,769 9,769
CONTROL.
092 0604641A TACTICAL 13,141 13,141 25,141 13,141
UNMANNED
GROUND VEHICLE
(TUGV).
................ Transfer [12,000]
from OPA
line 191 at
Army
request.
099 0604710A NIGHT VISION 32,621 32,621 32,621 32,621
SYSTEMS--ENG
DEV.
100 0604713A COMBAT FEEDING, 2,132 2,132 2,132 2,132
CLOTHING, AND
EQUIPMENT.
101 0604715A NON-SYSTEM 44,787 44,787 44,787 44,787
TRAINING
DEVICES--ENG
DEV.
102 0604716A TERRAIN 1,008 1,008 1,008 1,008
INFORMATION--E
NG DEV.
103 0604741A AIR DEFENSE 73,333 73,333 73,333 73,333
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
104 0604742A CONSTRUCTIVE 28,937 28,937 28,937 28,937
SIMULATION
SYSTEMS
DEVELOPMENT.
105 0604746A AUTOMATIC TEST 10,815 10,815 10,815 10,815
EQUIPMENT
DEVELOPMENT.
106 0604760A DISTRIBUTIVE 13,926 13,926 13,926 13,926
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
107 0604780A COMBINED ARMS 17,797 17,797 17,797 17,797
TACTICAL
TRAINER (CATT)
CORE.
108 0604798A BRIGADE 214,270 214,270 214,270 214,270
ANALYSIS,
INTEGRATION
AND EVALUATION.
109 0604802A WEAPONS AND 14,581 14,581 14,581 14,581
MUNITIONS--ENG
DEV.
110 0604804A LOGISTICS AND 43,706 43,706 43,706 43,706
ENGINEER
EQUIPMENT--ENG
DEV.
111 0604805A COMMAND, 20,776 20,776 20,776 20,776
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
112 0604807A MEDICAL 43,395 43,395 43,395 43,395
MATERIEL/
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE 104,983 104,983 104,983 104,983
WARFARE/
BARRIER--ENG
DEV.
114 0604814A ARTILLERY 4,346 4,346 4,346 4,346
MUNITIONS--EMD.
116 0604818A ARMY TACTICAL 77,223 77,223 77,223 77,223
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
117 0604820A RADAR 3,486 3,486 3,486 3,486
DEVELOPMENT.
118 0604822A GENERAL FUND 9,963 9,963 27,163 17,200 27,163
ENTERPRISE
BUSINESS
SYSTEM (GFEBS).
................ GFEBS [17,200] [17,200]
realignment
per Army
request.
119 0604823A FIREFINDER..... 20,517 20,517 20,517 20,517
120 0604827A SOLDIER 51,851 51,851 51,851 51,851
SYSTEMS--WARRI
OR DEM/VAL.
121 0604854A ARTILLERY 167,797 167,797 167,797 167,797
SYSTEMS--EMD.
122 0604869A PATRIOT/MEADS 400,861 -400,861 0
COMBINED
AGGREGATE
PROGRAM (CAP).
................ Prohibition [-400,861] [-400,861] [-400,861]
of funds
for MEADS.
123 0604870A NUCLEAR ARMS 7,922 7,922 7,922 7,922
CONTROL
MONITORING
SENSOR NETWORK.
124 0605013A INFORMATION 51,463 51,463 51,463 51,463
TECHNOLOGY
DEVELOPMENT.
125 0605018A INTEGRATED 158,646 158,646 158,646 158,646
PERSONNEL AND
PAY SYSTEM-
ARMY (IPPS-A).
126 0605450A JOINT AIR-TO- 10,000 10,000 10,000 10,000
GROUND MISSILE
(JAGM).
128 0605456A PAC-3/MSE 69,029 69,029 69,029 69,029
MISSILE.
129 0605457A ARMY INTEGRATED 277,374 277,374 315,374 38,000 315,374
AIR AND
MISSILE
DEFENSE
(AIAMD).
................ DRFM [38,000] [38,000]
countermeas
ures
studies.
130 0605625A MANNED GROUND 639,874 639,874 639,874 639,874
VEHICLE.
131 0605626A AERIAL COMMON 47,426 47,426 47,426 47,426
SENSOR.
132 0605812A JOINT LIGHT 72,295 72,295 72,295 72,295
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
133 0303032A TROJAN--RH12... 4,232 4,232 4,232 4,232
134 0304270A ELECTRONIC 13,942 13,942 13,942 13,942
WARFARE
DEVELOPMENT.
................ SUBTOTAL 3,286,629 2,877,368 2,952,968 -354,061 2,932,568
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ RDT&E
MANAGEMENT
SUPPORT
135 0604256A THREAT 18,090 18,090 18,090 18,090
SIMULATOR
DEVELOPMENT.
136 0604258A TARGET SYSTEMS 14,034 14,034 14,034 14,034
DEVELOPMENT.
137 0604759A MAJOR T&E 37,394 37,394 37,394 37,394
INVESTMENT.
138 0605103A RAND ARROYO 21,026 21,026 21,026 21,026
CENTER.
139 0605301A ARMY KWAJALEIN 176,816 176,816 176,816 176,816
ATOLL.
140 0605326A CONCEPTS 27,902 27,902 27,902 27,902
EXPERIMENTATIO
N PROGRAM.
142 0605601A ARMY TEST 369,900 369,900 369,900 369,900
RANGES AND
FACILITIES.
143 0605602A ARMY TECHNICAL 69,183 69,183 69,183 69,183
TEST
INSTRUMENTATIO
N AND TARGETS.
144 0605604A SURVIVABILITY/ 44,753 44,753 44,753 44,753
LETHALITY
ANALYSIS.
146 0605606A AIRCRAFT 5,762 5,762 5,762 5,762
CERTIFICATION.
147 0605702A METEOROLOGICAL 7,402 7,402 7,402 7,402
SUPPORT TO
RDT&E
ACTIVITIES.
148 0605706A MATERIEL 19,954 19,954 19,954 19,954
SYSTEMS
ANALYSIS.
149 0605709A EXPLOITATION OF 5,535 5,535 5,535 5,535
FOREIGN ITEMS.
150 0605712A SUPPORT OF 67,789 67,789 67,789 67,789
OPERATIONAL
TESTING.
151 0605716A ARMY EVALUATION 62,765 62,765 62,765 62,765
CENTER.
152 0605718A ARMY MODELING & 1,545 1,545 1,545 1,545
SIM X-CMD
COLLABORATION
& INTEG.
153 0605801A PROGRAMWIDE 83,422 83,422 83,422 83,422
ACTIVITIES.
154 0605803A TECHNICAL 50,820 50,820 50,820 50,820
INFORMATION
ACTIVITIES.
155 0605805A MUNITIONS 46,763 46,763 46,763 46,763
STANDARDIZATIO
N,
EFFECTIVENESS
AND SAFETY.
156 0605857A ENVIRONMENTAL 4,601 4,601 4,601 4,601
QUALITY
TECHNOLOGY
MGMT SUPPORT.
157 0605898A MANAGEMENT HQ-- 18,524 18,524 18,524 18,524
R&D.
................ SUBTOTAL 1,153,980 1,153,980 1,153,980 1,153,980
RDT&E
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
159 0603778A MLRS PRODUCT 143,005 143,005 143,005 143,005
IMPROVEMENT
PROGRAM.
161 0607865A PATRIOT PRODUCT 109,978 109,978 109,978 109,978
IMPROVEMENT.
162 0102419A AEROSTAT JOINT 190,422 150,422 190,422 -30,500 159,922
PROJECT OFFICE.
................ Program [-40,000] [-30,500]
decrease.
164 0203726A ADV FIELD 32,556 32,556 32,556 32,556
ARTILLERY
TACTICAL DATA
SYSTEM.
165 0203735A COMBAT VEHICLE 253,959 253,959 253,959 253,959
IMPROVEMENT
PROGRAMS.
166 0203740A MANEUVER 68,325 68,325 68,325 68,325
CONTROL SYSTEM.
167 0203744A AIRCRAFT 280,247 226,147 226,247 -54,100 226,147
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
................ Funding [-54,100] [-54,000] [-54,100]
ahead of
need.
168 0203752A AIRCRAFT ENGINE 898 898 898 898
COMPONENT
IMPROVEMENT
PROGRAM.
169 0203758A DIGITIZATION... 35,180 35,180 35,180 35,180
171 0203801A MISSILE/AIR 20,733 20,733 20,733 20,733
DEFENSE
PRODUCT
IMPROVEMENT
PROGRAM.
172 0203808A TRACTOR CARD... 63,243 63,243 63,243 63,243
173 0208053A JOINT TACTICAL 31,738 31,738 31,738 31,738
GROUND SYSTEM.
174 0208058A JOINT HIGH 35 35 35 35
SPEED VESSEL
(JHSV).
176 0303028A SECURITY AND 7,591 7,591 7,591 7,591
INTELLIGENCE
ACTIVITIES.
177 0303140A INFORMATION 15,961 15,961 15,961 15,961
SYSTEMS
SECURITY
PROGRAM.
178 0303141A GLOBAL COMBAT 120,927 120,927 120,927 120,927
SUPPORT SYSTEM.
179 0303142A SATCOM GROUND 15,756 15,756 15,756 15,756
ENVIRONMENT
(SPACE).
180 0303150A WWMCCS/GLOBAL 14,443 14,443 14,443 14,443
COMMAND AND
CONTROL SYSTEM.
182 0305204A TACTICAL 31,303 31,303 31,303 31,303
UNMANNED
AERIAL
VEHICLES.
183 0305208A DISTRIBUTED 40,876 40,876 40,876 40,876
COMMON GROUND/
SURFACE
SYSTEMS.
184 0305219A MQ-1 SKY 74,618 74,618 74,618 74,618
WARRIOR A UAV.
185 0305232A RQ-11 UAV...... 4,039 4,039 4,039 4,039
186 0305233A RQ-7 UAV....... 31,158 31,158 31,158 31,158
187 0305235A VERTICAL UAS... 2,387 2,387 2,387 2,387
188 0307665A BIOMETRICS 15,248 15,248 15,248 15,248
ENABLED
INTELLIGENCE.
189 0708045A END ITEM 59,908 59,908 59,908 59,908
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
189A 9999999999 CLASSIFIED 4,628 4,628 4,628 4,628
PROGRAMS.
................ SUBTOTAL 1,669,162 1,575,062 1,615,162 -84,600 1,584,562
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 8,929,415 8,427,304 8,541,754 -434,660 8,494,755
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ BASIC RESEARCH
001 0601103N UNIVERSITY 113,690 123,690 113,690 10,000 123,690
RESEARCH
INITIATIVES.
................ Increase [10,000] [10,000]
Defense
University
Research
Instrumenta
tion
Program.
002 0601152N IN-HOUSE 18,261 18,261 18,261 18,261
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE 473,070 473,070 473,070 473,070
RESEARCH
SCIENCES.
003A 0601XXXN SCIENCE AND 3,450 0
TECHNOLOGY.
................ Transfer [3,450]
from PE
0205658N.
................ SUBTOTAL 605,021 618,471 605,021 10,000 615,021
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
004 0602114N POWER 89,189 89,189 89,189 89,189
PROJECTION
APPLIED
RESEARCH.
005 0602123N FORCE 143,301 143,301 143,301 143,301
PROTECTION
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 46,528 46,528 46,528 46,528
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,696 41,696 41,696 41,696
APPLIED
RESEARCH.
008 0602236N WARFIGHTER 44,127 44,127 44,127 44,127
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 78,228 78,228 78,228 78,228
SYSTEMS
APPLIED
RESEARCH.
010 0602435N OCEAN 49,635 49,635 49,635 49,635
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
011 0602651M JOINT NON- 5,973 5,973 5,973 5,973
LETHAL WEAPONS
APPLIED
RESEARCH.
012 0602747N UNDERSEA 96,814 96,814 96,814 96,814
WARFARE
APPLIED
RESEARCH.
013 0602750N FUTURE NAVAL 162,417 162,417 162,417 162,417
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 32,394 32,394 32,394 32,394
EXPEDITIONARY
WARFARE
APPLIED
RESEARCH.
................ SUBTOTAL 790,302 790,302 790,302 790,302
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
015 0603114N POWER 56,543 56,543 56,543 56,543
PROJECTION
ADVANCED
TECHNOLOGY.
016 0603123N FORCE 18,616 18,616 18,616 18,616
PROTECTION
ADVANCED
TECHNOLOGY.
019 0603271N ELECTROMAGNETIC 54,858 54,858 54,858 54,858
SYSTEMS
ADVANCED
TECHNOLOGY.
020 0603640M USMC ADVANCED 130,598 130,598 130,598 130,598
TECHNOLOGY
DEMONSTRATION
(ATD).
021 0603651M JOINT NON- 11,706 11,706 11,706 11,706
LETHAL WEAPONS
TECHNOLOGY
DEVELOPMENT.
022 0603673N FUTURE NAVAL 256,382 256,382 256,382 256,382
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603729N WARFIGHTER 3,880 3,880 3,880 3,880
PROTECTION
ADVANCED
TECHNOLOGY.
025 0603758N NAVY 51,819 51,819 51,819 51,819
WARFIGHTING
EXPERIMENTS
AND
DEMONSTRATIONS.
................ SUBTOTAL 584,402 584,402 584,402 584,402
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 34,085 34,085 34,085 34,085
TACTICAL
APPLICATIONS.
029 0603216N AVIATION 8,783 8,783 8,783 8,783
SURVIVABILITY.
030 0603237N DEPLOYABLE 3,773 3,773 3,773 3,773
JOINT COMMAND
AND CONTROL.
031 0603251N AIRCRAFT 24,512 24,512 24,512 24,512
SYSTEMS.
032 0603254N ASW SYSTEMS 8,090 8,090 8,090 8,090
DEVELOPMENT.
033 0603261N TACTICAL 5,301 5,301 5,301 5,301
AIRBORNE
RECONNAISSANCE.
034 0603382N ADVANCED COMBAT 1,506 1,506 1,506 1,506
SYSTEMS
TECHNOLOGY.
035 0603502N SURFACE AND 190,622 190,622 190,622 -2,000 188,622
SHALLOW WATER
MINE
COUNTERMEASURE
S.
................ Excess to [-2,000]
need.
036 0603506N SURFACE SHIP 93,346 93,346 93,346 93,346
TORPEDO
DEFENSE.
037 0603512N CARRIER SYSTEMS 108,871 108,871 108,871 108,871
DEVELOPMENT.
039 0603525N PILOT FISH..... 101,169 101,169 101,169 101,169
040 0603527N RETRACT LARCH.. 74,312 74,312 74,312 74,312
041 0603536N RETRACT JUNIPER 90,730 90,730 90,730 90,730
042 0603542N RADIOLOGICAL 777 777 777 777
CONTROL.
043 0603553N SURFACE ASW.... 6,704 6,704 6,704 6,704
044 0603561N ADVANCED 555,123 929,523 555,123 555,123
SUBMARINE
SYSTEM
DEVELOPMENT.
................ Program [374,400]
increase.
045 0603562N SUBMARINE 9,368 9,368 9,368 9,368
TACTICAL
WARFARE
SYSTEMS.
046 0603563N SHIP CONCEPT 24,609 24,609 24,609 24,609
ADVANCED
DESIGN.
047 0603564N SHIP 13,710 13,710 13,710 13,710
PRELIMINARY
DESIGN &
FEASIBILITY
STUDIES.
048 0603570N ADVANCED 249,748 249,748 249,748 249,748
NUCLEAR POWER
SYSTEMS.
049 0603573N ADVANCED 29,897 29,897 29,897 29,897
SURFACE
MACHINERY
SYSTEMS.
050 0603576N CHALK EAGLE.... 509,988 509,988 509,988 509,988
051 0603581N LITTORAL COMBAT 429,420 429,420 429,420 429,420
SHIP (LCS).
052 0603582N COMBAT SYSTEM 56,551 56,551 56,551 56,551
INTEGRATION.
053 0603609N CONVENTIONAL 7,342 7,342 7,342 7,342
MUNITIONS.
054 0603611M MARINE CORPS 95,182 95,182 95,182 95,182
ASSAULT
VEHICLES.
055 0603635M MARINE CORPS 10,496 10,496 10,496 10,496
GROUND COMBAT/
SUPPORT SYSTEM.
056 0603654N JOINT SERVICE 52,331 52,331 52,331 52,331
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
057 0603658N COOPERATIVE 56,512 56,512 56,512 56,512
ENGAGEMENT.
058 0603713N OCEAN 7,029 7,029 7,029 7,029
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
059 0603721N ENVIRONMENTAL 21,080 21,080 21,080 21,080
PROTECTION.
060 0603724N NAVY ENERGY 55,324 55,324 55,324 55,324
PROGRAM.
061 0603725N FACILITIES 3,401 3,401 3,401 3,401
IMPROVEMENT.
062 0603734N CHALK CORAL.... 45,966 45,966 45,966 45,966
063 0603739N NAVY LOGISTIC 3,811 3,811 3,811 3,811
PRODUCTIVITY.
064 0603746N RETRACT MAPLE.. 341,305 341,305 341,305 341,305
065 0603748N LINK PLUMERIA.. 181,220 181,220 181,220 181,220
066 0603751N RETRACT ELM.... 174,014 174,014 174,014 174,014
068 0603764N LINK EVERGREEN. 68,654 68,654 68,654 68,654
069 0603787N SPECIAL 44,487 44,487 44,487 44,487
PROCESSES.
070 0603790N NATO RESEARCH 9,389 9,389 9,389 9,389
AND
DEVELOPMENT.
071 0603795N LAND ATTACK 16,132 16,132 16,132 16,132
TECHNOLOGY.
072 0603851M JOINT NON- 44,994 44,994 44,994 44,994
LETHAL WEAPONS
TESTING.
073 0603860N JOINT PRECISION 137,369 137,369 137,369 137,369
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
076 0604272N TACTICAL AIR 73,934 73,934 73,934 73,934
DIRECTIONAL
INFRARED
COUNTERMEASURE
S (TADIRCM).
077 0604279N ASE SELF- 711 711 711 711
PROTECTION
OPTIMIZATION.
078 0604653N JOINT COUNTER 71,300 71,300 71,300 71,300
RADIO
CONTROLLED IED
ELECTRONIC
WARFARE
(JCREW).
079 0604659N PRECISION 5,654 5,654 5,654 5,654
STRIKE WEAPONS
DEVELOPMENT
PROGRAM.
080 0604707N SPACE AND 31,549 31,549 31,549 31,549
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
082 0604786N OFFENSIVE ANTI- 86,801 86,801 86,801 86,801
SURFACE
WARFARE WEAPON
DEVELOPMENT.
083 0605812M JOINT LIGHT 44,500 44,500 44,500 44,500
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
084 0303354N ASW SYSTEMS 13,172 13,172 13,172 13,172
DEVELOPMENT--M
IP.
086 0304270N ELECTRONIC 643 643 643 643
WARFARE
DEVELOPMENT--M
IP.
................ SUBTOTAL 4,335,297 4,709,697 4,335,297 -2,000 4,333,297
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
087 0604212N OTHER HELO 33,978 33,978 33,978 33,978
DEVELOPMENT.
088 0604214N AV-8B AIRCRAFT-- 32,789 32,789 32,789 32,789
ENG DEV.
089 0604215N STANDARDS 84,988 84,988 84,988 -2,000 82,988
DEVELOPMENT.
................ Program [-2,000]
behind in
execution.
090 0604216N MULTI-MISSION 6,866 6,866 6,866 6,866
HELICOPTER
UPGRADE
DEVELOPMENT.
091 0604218N AIR/OCEAN 4,060 4,060 4,060 4,060
EQUIPMENT
ENGINEERING.
092 0604221N P-3 3,451 3,451 3,451 3,451
MODERNIZATION
PROGRAM.
093 0604230N WARFARE SUPPORT 13,071 13,071 13,071 13,071
SYSTEM.
094 0604231N TACTICAL 71,645 71,645 71,645 71,645
COMMAND SYSTEM.
095 0604234N ADVANCED 119,065 119,065 119,065 119,065
HAWKEYE.
096 0604245N H-1 UPGRADES... 31,105 31,105 31,105 31,105
097 0604261N ACOUSTIC SEARCH 34,299 34,299 34,299 34,299
SENSORS.
098 0604262N V-22A.......... 54,412 54,412 54,412 54,412
099 0604264N AIR CREW 2,717 2,717 2,717 2,717
SYSTEMS
DEVELOPMENT.
100 0604269N EA-18.......... 13,009 13,009 13,009 13,009
101 0604270N ELECTRONIC 51,304 51,304 51,304 51,304
WARFARE
DEVELOPMENT.
102 0604273N VH-71A 61,163 61,163 61,163 61,163
EXECUTIVE HELO
DEVELOPMENT.
103 0604274N NEXT GENERATION 187,024 187,024 187,024 187,024
JAMMER (NGJ).
104 0604280N JOINT TACTICAL 337,480 337,480 337,480 337,480
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
105 0604307N SURFACE 260,616 510,616 260,616 250,000 510,616
COMBATANT
COMBAT SYSTEM
ENGINEERING.
................ Cruiser [250,000] [250,000]
Retention.
106 0604311N LPD-17 CLASS 824 824 824 824
SYSTEMS
INTEGRATION.
107 0604329N SMALL DIAMETER 31,064 31,064 31,064 31,064
BOMB (SDB).
108 0604366N STANDARD 63,891 63,891 63,891 -5,500 58,391
MISSILE
IMPROVEMENTS.
................ Program [-5,500]
execution.
109 0604373N AIRBORNE MCM... 73,246 73,246 73,246 73,246
110 0604376M MARINE AIR 10,568 10,568 10,568 10,568
GROUND TASK
FORCE (MAGTF)
ELECTRONIC
WARFARE (EW)
FOR AVIATION.
111 0604378N NAVAL 39,974 39,974 39,974 39,974
INTEGRATED
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
112 0604404N UNMANNED 122,481 47,481 122,481 122,481
CARRIER
LAUNCHED
AIRBORNE
SURVEILLANCE
AND STRIKE
(UCLASS)
SYSTEM.
................ Transfer [-75,000]
from RDN
112 to RDN
167.
113 0604501N ADVANCED ABOVE 255,516 255,516 255,516 255,516
WATER SENSORS.
114 0604503N SSN-688 AND 82,620 82,620 82,620 82,620
TRIDENT
MODERNIZATION.
115 0604504N AIR CONTROL.... 5,633 5,633 5,633 5,633
116 0604512N SHIPBOARD 55,826 55,826 55,826 55,826
AVIATION
SYSTEMS.
117 0604518N COMBAT 918 918 918 918
INFORMATION
CENTER
CONVERSION.
118 0604558N NEW DESIGN SSN. 165,230 165,230 165,230 165,230
119 0604562N SUBMARINE 49,141 49,141 49,141 49,141
TACTICAL
WARFARE SYSTEM.
120 0604567N SHIP CONTRACT 196,737 196,737 196,737 196,737
DESIGN/ LIVE
FIRE T&E.
121 0604574N NAVY TACTICAL 3,889 3,889 3,889 3,889
COMPUTER
RESOURCES.
122 0604601N MINE 8,335 8,335 8,335 8,335
DEVELOPMENT.
123 0604610N LIGHTWEIGHT 49,818 49,818 49,818 49,818
TORPEDO
DEVELOPMENT.
124 0604654N JOINT SERVICE 10,099 10,099 10,099 10,099
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
125 0604703N PERSONNEL, 7,348 7,348 7,348 7,348
TRAINING,
SIMULATION,
AND HUMAN
FACTORS.
126 0604727N JOINT STANDOFF 5,518 5,518 5,518 5,518
WEAPON SYSTEMS.
127 0604755N SHIP SELF 87,662 87,662 87,662 87,662
DEFENSE
(DETECT &
CONTROL).
128 0604756N SHIP SELF 64,079 64,079 64,079 64,079
DEFENSE
(ENGAGE: HARD
KILL).
129 0604757N SHIP SELF 151,489 152,614 151,489 151,489
DEFENSE
(ENGAGE: SOFT
KILL/EW).
................ Cruiser [1,125]
Retention.
131 0604771N MEDICAL 12,707 12,707 12,707 12,707
DEVELOPMENT.
132 0604777N NAVIGATION/ID 47,764 47,764 47,764 47,764
SYSTEM.
133 0604800M JOINT STRIKE 737,149 737,149 737,149 -3,200 733,949
FIGHTER (JSF)--
EMD.
................ Block IV [-3,200]
development
ahead of
need.
134 0604800N JOINT STRIKE 743,926 743,926 743,926 -3,200 740,726
FIGHTER (JSF)--
EMD.
................ Block IV [-3,200]
development
ahead of
need.
135 0605013M INFORMATION 12,143 12,143 12,143 12,143
TECHNOLOGY
DEVELOPMENT.
136 0605013N INFORMATION 72,209 72,209 72,209 72,209
TECHNOLOGY
DEVELOPMENT.
138 0605212N CH-53K RDTE.... 606,204 606,204 606,204 606,204
140 0605500N MULTI-MISSION 421,102 421,102 421,102 421,102
MARITIME
AIRCRAFT (MMA).
141 0204202N DDG-1000....... 124,655 124,655 124,655 124,655
142 0304231N TACTICAL 1,170 1,170 1,170 1,170
COMMAND
SYSTEM--MIP.
144 0304785N TACTICAL 23,255 23,255 23,255 23,255
CRYPTOLOGIC
SYSTEMS.
................ SUBTOTAL 5,747,232 5,923,357 5,747,232 236,100 5,983,332
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ RDT&E
MANAGEMENT
SUPPORT
146 0604256N THREAT 30,790 30,790 30,790 30,790
SIMULATOR
DEVELOPMENT.
147 0604258N TARGET SYSTEMS 59,221 59,221 59,221 59,221
DEVELOPMENT.
148 0604759N MAJOR T&E 35,894 35,894 35,894 35,894
INVESTMENT.
149 0605126N JOINT THEATER 7,573 7,573 7,573 7,573
AIR AND
MISSILE
DEFENSE
ORGANIZATION.
150 0605152N STUDIES AND 20,963 20,963 20,963 20,963
ANALYSIS
SUPPORT--NAVY.
151 0605154N CENTER FOR 46,856 46,856 46,856 46,856
NAVAL ANALYSES.
153 0605804N TECHNICAL 796 796 796 796
INFORMATION
SERVICES.
154 0605853N MANAGEMENT, 32,782 32,782 32,782 32,782
TECHNICAL &
INTERNATIONAL
SUPPORT.
155 0605856N STRATEGIC 3,306 3,306 3,306 3,306
TECHNICAL
SUPPORT.
156 0605861N RDT&E SCIENCE 70,302 70,302 70,302 70,302
AND TECHNOLOGY
MANAGEMENT.
157 0605863N RDT&E SHIP AND 144,033 144,033 144,033 144,033
AIRCRAFT
SUPPORT.
158 0605864N TEST AND 342,298 342,298 342,298 342,298
EVALUATION
SUPPORT.
159 0605865N OPERATIONAL 16,399 16,399 16,399 16,399
TEST AND
EVALUATION
CAPABILITY.
160 0605866N NAVY SPACE AND 4,579 4,579 4,579 4,579
ELECTRONIC
WARFARE (SEW)
SUPPORT.
161 0605867N SEW 8,000 8,000 8,000 8,000
SURVEILLANCE/
RECONNAISSANCE
SUPPORT.
162 0605873M MARINE CORPS 18,490 18,490 18,490 18,490
PROGRAM WIDE
SUPPORT.
163 0305885N TACTICAL 2,795 2,795 2,795 2,795
CRYPTOLOGIC
ACTIVITIES.
................ SUBTOTAL 845,077 845,077 845,077 845,077
RDT&E
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
167 0604402N UNMANNED COMBAT 142,282 217,282 142,282 142,282
AIR VEHICLE
(UCAV)
ADVANCED
COMPONENT AND
PROTOTYPE
DEVELOPMENT.
................ Transfer [75,000]
from RDN
112 to RDN
167.
170 0101221N STRATEGIC SUB & 105,892 105,892 105,892 105,892
WEAPONS SYSTEM
SUPPORT.
171 0101224N SSBN SECURITY 34,729 34,729 34,729 34,729
TECHNOLOGY
PROGRAM.
172 0101226N SUBMARINE 1,434 1,434 1,434 1,434
ACOUSTIC
WARFARE
DEVELOPMENT.
173 0101402N NAVY STRATEGIC 19,208 19,208 19,208 19,208
COMMUNICATIONS.
174 0203761N RAPID 25,566 25,566 25,566 25,566
TECHNOLOGY
TRANSITION
(RTT).
175 0204136N F/A-18 188,299 188,299 188,299 -18,000 170,299
SQUADRONS.
................ Program [-18,000]
behind in
execution.
176 0204152N E-2 SQUADRONS.. 8,610 8,610 8,610 8,610
177 0204163N FLEET 15,695 15,695 15,695 15,695
TELECOMMUNICAT
IONS
(TACTICAL).
178 0204228N SURFACE SUPPORT 4,171 4,171 4,171 4,171
179 0204229N TOMAHAWK AND 11,265 11,265 11,265 11,265
TOMAHAWK
MISSION
PLANNING
CENTER (TMPC).
180 0204311N INTEGRATED 45,922 45,922 45,922 45,922
SURVEILLANCE
SYSTEM.
181 0204413N AMPHIBIOUS 8,435 8,435 8,435 8,435
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
182 0204460M GROUND/AIR TASK 75,088 75,088 75,088 75,088
ORIENTED RADAR
(G/ATOR).
183 0204571N CONSOLIDATED 20,229 20,229 20,229 20,229
TRAINING
SYSTEMS
DEVELOPMENT.
184 0204574N CRYPTOLOGIC 1,756 1,756 1,756 1,756
DIRECT SUPPORT.
185 0204575N ELECTRONIC 19,843 19,843 19,843 19,843
WARFARE (EW)
READINESS
SUPPORT.
186 0205601N HARM 11,477 11,477 11,477 11,477
IMPROVEMENT.
187 0205604N TACTICAL DATA 118,818 118,818 118,818 118,818
LINKS.
188 0205620N SURFACE ASW 27,342 27,342 27,342 27,342
COMBAT SYSTEM
INTEGRATION.
189 0205632N MK-48 ADCAP.... 28,717 28,717 28,717 28,717
190 0205633N AVIATION 89,157 89,157 89,157 89,157
IMPROVEMENTS.
191 0205658N NAVY SCIENCE 3,450 3,450 3,450
ASSISTANCE
PROGRAM.
................ Transfer to [-3,450]
Science and
Technology
(RDN 003A).
192 0205675N OPERATIONAL 86,435 86,435 86,435 86,435
NUCLEAR POWER
SYSTEMS.
193 0206313M MARINE CORPS 219,054 219,054 219,054 219,054
COMMUNICATIONS
SYSTEMS.
194 0206623M MARINE CORPS 181,693 181,693 181,693 181,693
GROUND COMBAT/
SUPPORTING
ARMS SYSTEMS.
195 0206624M MARINE CORPS 58,393 58,393 58,393 58,393
COMBAT
SERVICES
SUPPORT.
196 0206625M USMC 22,966 22,966 22,966 22,966
INTELLIGENCE/
ELECTRONIC
WARFARE
SYSTEMS (MIP).
197 0207161N TACTICAL AIM 21,107 21,107 21,107 21,107
MISSILES.
198 0207163N ADVANCED MEDIUM 2,857 2,857 2,857 2,857
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
199 0208058N JOINT HIGH 1,932 1,932 1,932 1,932
SPEED VESSEL
(JHSV).
204 0303109N SATELLITE 188,482 188,482 188,482 188,482
COMMUNICATIONS
(SPACE).
205 0303138N CONSOLIDATED 16,749 16,749 16,749 16,749
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
206 0303140N INFORMATION 26,307 26,307 26,307 26,307
SYSTEMS
SECURITY
PROGRAM.
207 0303150M WWMCCS/GLOBAL 500 500 500 500
COMMAND AND
CONTROL SYSTEM.
210 0305149N COBRA JUDY..... 17,091 17,091 17,091 17,091
211 0305160N NAVY 810 810 810 810
METEOROLOGICAL
AND OCEAN
SENSORS-SPACE
(METOC).
212 0305192N MILITARY 8,617 8,617 8,617 8,617
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
213 0305204N TACTICAL 9,066 9,066 9,066 9,066
UNMANNED
AERIAL
VEHICLES.
215 0305207N MANNED 30,654 30,654 30,654 30,654
RECONNAISSANCE
SYSTEMS.
216 0305208M DISTRIBUTED 25,917 25,917 25,917 25,917
COMMON GROUND/
SURFACE
SYSTEMS.
217 0305208N DISTRIBUTED 14,676 14,676 14,676 14,676
COMMON GROUND/
SURFACE
SYSTEMS.
218 0305220N RQ-4 UAV....... 657,483 657,483 657,483 657,483
219 0305231N MQ-8 UAV....... 99,600 99,600 99,600 99,600
220 0305232M RQ-11 UAV...... 495 495 495 495
221 0305233N RQ-7 UAV....... 863 863 863 863
223 0305234N SMALL (LEVEL 0) 9,734 9,734 9,734 9,734
TACTICAL UAS
(STUASL0).
225 0305239M RQ-21A......... 22,343 22,343 22,343 22,343
226 0308601N MODELING AND 5,908 5,908 5,908 5,908
SIMULATION
SUPPORT.
227 0702207N DEPOT 27,391 27,391 27,391 27,391
MAINTENANCE
(NON-IF).
229 0708011N INDUSTRIAL 54,879 54,879 54,879 54,879
PREPAREDNESS.
230 0708730N MARITIME 5,000 5,000 5,000 5,000
TECHNOLOGY
(MARITECH).
230A 9999999999 CLASSIFIED 1,151,159 1,351,159 1,151,159 200,000 1,351,159
PROGRAMS.
................ Program [200,000] [200,000]
increase.
................ SUBTOTAL 3,975,546 4,247,096 3,975,546 182,000 4,157,546
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ PRIOR YEAR
SAVINGS
230B 9999999999 PRIOR YEAR -8,832 0
SAVINGS.
................ Medium [-8,832]
range
maritime
UAS
cancellatio
n.
................ SUBTOTAL -8,832 0
PRIOR YEAR
SAVINGS.
................
................ TOTAL 16,882,877 17,718,402 16,874,045 426,100 17,308,977
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
................ BASIC RESEARCH
001 0601102F DEFENSE 361,787 361,787 361,787 361,787
RESEARCH
SCIENCES.
002 0601103F UNIVERSITY 141,153 141,153 141,153 141,153
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 13,094 13,094 13,094 13,094
LASER RESEARCH
INITIATIVES.
................ SUBTOTAL 516,034 516,034 516,034 516,034
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
004 0602102F MATERIALS...... 114,166 114,166 114,166 114,166
005 0602201F AEROSPACE 120,719 120,719 120,719 120,719
VEHICLE
TECHNOLOGIES.
006 0602202F HUMAN 89,319 89,319 89,319 89,319
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 232,547 232,547 232,547 232,547
PROPULSION.
008 0602204F AEROSPACE 127,637 127,637 127,637 127,637
SENSORS.
009 0602601F SPACE 98,375 98,375 98,375 98,375
TECHNOLOGY.
010 0602602F CONVENTIONAL 77,175 77,175 77,175 77,175
MUNITIONS.
011 0602605F DIRECTED ENERGY 106,196 106,196 106,196 106,196
TECHNOLOGY.
012 0602788F DOMINANT 104,362 104,362 104,362 104,362
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 38,557 38,557 38,557 38,557
LASER RESEARCH.
................ SUBTOTAL 1,109,053 1,109,053 1,109,053 1,109,053
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 47,890 57,890 47,890 10,000 57,890
MATERIALS FOR
WEAPON SYSTEMS.
................ Increase [10,000] [10,000]
Materials
Affordabili
ty
Initiative
program.
015 0603199F SUSTAINMENT 6,565 6,565 6,565 6,565
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 37,657 37,657 37,657 37,657
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 81,376 81,376 81,376 81,376
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 151,152 151,152 151,152 151,152
PROPULSION AND
POWER
TECHNOLOGY.
019 0603270F ELECTRONIC 32,941 32,941 32,941 32,941
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 64,557 64,557 64,557 64,557
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 29,256 29,256 29,256 29,256
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 21,523 21,523 21,523 21,523
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 36,352 36,352 36,352 36,352
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED 19,004 19,004 19,004 19,004
WEAPONS
TECHNOLOGY.
025 0603680F MANUFACTURING 37,045 37,045 37,045 37,045
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 31,419 31,419 31,419 31,419
KNOWLEDGE
DEVELOPMENT
AND
DEMONSTRATION.
................ SUBTOTAL 596,737 606,737 596,737 10,000 606,737
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603260F INTELLIGENCE 3,866 3,866 3,866 3,866
ADVANCED
DEVELOPMENT.
029 0603287F PHYSICAL 3,704 3,704 3,704 3,704
SECURITY
EQUIPMENT.
030 0603430F ADVANCED EHF 229,171 227,671 227,671 -1,500 227,671
MILSATCOM
(SPACE).
................ Project [-1,500] [-1,500] [-1,500]
decrease.
031 0603432F POLAR MILSATCOM 120,676 120,676 120,676 120,676
(SPACE).
032 0603438F SPACE CONTROL 25,144 23,144 23,144 -2,000 23,144
TECHNOLOGY.
................ Project [-2,000] [-2,000] [-2,000]
decrease.
033 0603742F COMBAT 32,243 32,243 32,243 32,243
IDENTIFICATION
TECHNOLOGY.
034 0603790F NATO RESEARCH 4,507 4,507 4,507 4,507
AND
DEVELOPMENT.
035 0603791F INTERNATIONAL 652 652 652 652
SPACE
COOPERATIVE
R&D.
036 0603830F SPACE 10,429 10,429 10,429 10,429
PROTECTION
PROGRAM (SPP).
037 0603850F INTEGRATED 19,938 19,938 19,938 19,938
BROADCAST
SERVICE--DEM/
VAL.
038 0603851F INTERCONTINENTA 71,181 71,181 71,181 71,181
L BALLISTIC
MISSILE--DEM/
VAL.
039 0603854F WIDEBAND GLOBAL 12,027 12,027 12,027 12,027
SATCOM RDT&E
(SPACE).
040 0603859F POLLUTION 2,054 2,054 2,054 2,054
PREVENTION--DE
M/VAL.
041 0603860F JOINT PRECISION 57,975 57,975 57,975 57,975
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
042 0604015F LONG RANGE 291,742 291,742 291,742 291,742
STRIKE.
043 0604283F BATTLE MGMT COM 114,417 114,417 114,417 114,417
& CTRL SENSOR
DEVELOPMENT.
044 0604317F TECHNOLOGY 2,576 2,576 2,576 2,576
TRANSFER.
045 0604327F HARD AND DEEPLY 16,711 16,711 16,711 16,711
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
047 0604337F REQUIREMENTS 16,343 16,343 16,343 16,343
ANALYSIS AND
MATURATION.
048 0604422F WEATHER 2,000 2,000 2,000 2,000
SATELLITE
FOLLOW-ON.
050 0604635F GROUND ATTACK 9,423 9,423 9,423 9,423
WEAPONS FUZE
DEVELOPMENT.
054 0604857F OPERATIONALLY 25,000 45,000 45,000 45,000
RESPONSIVE
SPACE.
................ Restore [25,000] [45,000] [45,000]
Operational
ly
Responsive
Space.
055 0604858F TECH TRANSITION 37,558 34,558 34,558 -3,000 34,558
PROGRAM.
................ Project [-3,000] [-3,000] [-3,000]
decrease.
056 0305164F NAVSTAR GLOBAL 96,840 96,840 96,840 96,840
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
................ SUBTOTAL 1,181,177 1,199,677 1,219,677 38,500 1,219,677
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0603840F GLOBAL 14,652 14,652 14,652 14,652
BROADCAST
SERVICE (GBS).
059 0604222F NUCLEAR WEAPONS 25,713 25,713 25,713 25,713
SUPPORT.
060 0604233F SPECIALIZED 6,583 6,583 6,583 -1,600 4,983
UNDERGRADUATE
FLIGHT
TRAINING.
................ Program [-1,600]
delays.
061 0604270F ELECTRONIC 1,975 1,975 1,975 1,975
WARFARE
DEVELOPMENT.
062 0604280F JOINT TACTICAL 2,594 2,594 2,594 2,594
RADIO.
063 0604281F TACTICAL DATA 24,534 24,534 24,534 24,534
NETWORKS
ENTERPRISE.
064 0604287F PHYSICAL 51 51 51 51
SECURITY
EQUIPMENT.
065 0604329F SMALL DIAMETER 143,000 143,000 143,000 143,000
BOMB (SDB)--
EMD.
066 0604421F COUNTERSPACE 28,797 28,797 28,797 28,797
SYSTEMS.
067 0604425F SPACE SITUATION 267,252 267,252 247,252 -20,000 247,252
AWARENESS
SYSTEMS.
................ C-Band [3,000] [3,000]
Radar re-
location.
................ Excess [-20,000] [-20,000]
funding.
................ Undistribut [-3,000] [-3,000]
ed
reduction.
068 0604429F AIRBORNE 4,118 4,118 4,118 4,118
ELECTRONIC
ATTACK.
069 0604441F SPACE BASED 448,594 446,594 446,594 -2,000 446,594
INFRARED
SYSTEM (SBIRS)
HIGH EMD.
................ Project [-2,000] [-2,000] [-2,000]
decrease.
070 0604602F ARMAMENT/ 9,951 9,951 9,951 9,951
ORDNANCE
DEVELOPMENT.
071 0604604F SUBMUNITIONS... 2,567 2,567 2,567 2,567
072 0604617F AGILE COMBAT 13,059 13,059 13,059 13,059
SUPPORT.
073 0604706F LIFE SUPPORT 9,720 9,720 9,720 9,720
SYSTEMS.
074 0604735F COMBAT TRAINING 9,222 9,222 9,222 9,222
RANGES.
076 0604750F INTELLIGENCE 803 803 803 803
EQUIPMENT.
077 0604800F F-35--EMD...... 1,210,306 1,210,306 1,210,306 -2,307 1,207,999
................ Block 4-- [-2,307]
early to
need.
078 0604851F INTERCONTINENTA 135,437 135,437 135,437 135,437
L BALLISTIC
MISSILE--EMD.
079 0604853F EVOLVED 7,980 7,980 7,980 7,980
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
080 0604932F LONG RANGE 2,004 2,004 2,004 2,004
STANDOFF
WEAPON.
081 0604933F ICBM FUZE 73,512 73,512 73,512 73,512
MODERNIZATION.
082 0605213F F-22 140,100 140,100 140,100 140,100
MODERNIZATION
INCREMENT 3.2B.
083 0605221F NEXT GENERATION 1,815,588 1,815,588 1,728,458 -77,100 1,738,488
AERIAL
REFUELING
AIRCRAFT.
................ Excess [-87,130] [-77,100]
prior year
funds.
084 0605229F CSAR HH-60 123,210 123,210 123,210 123,210
RECAPITALIZATI
ON.
085 0605278F HC/MC-130 RECAP 19,039 19,039 19,039 19,039
RDT&E.
086 0605931F B-2 DEFENSIVE 281,056 281,056 281,056 281,056
MANAGEMENT
SYSTEM.
087 0101125F NUCLEAR WEAPONS 80,200 80,200 80,200 80,200
MODERNIZATION.
089 0207604F READINESS 310 310 310 310
TRAINING
RANGES,
OPERATIONS AND
MAINTENANCE.
090 0207701F FULL COMBAT 14,861 14,861 14,861 14,861
MISSION
TRAINING.
091 0305230F MC-12.......... 19,949 19,949 19,949 19,949
092 0401138F C-27J AIRLIFT 25,000 0
SQUADRONS.
................ Joint Cargo [25,000]
Aircraft.
093 0401318F CV-22.......... 28,027 28,027 28,027 28,027
094 0401845F AIRBORNE SENIOR 1,960 1,960 1,960 1,960
LEADER C3
(SLC3S).
................ SUBTOTAL 4,966,724 4,989,724 4,857,594 -103,007 4,863,717
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ RDT&E
MANAGEMENT
SUPPORT
095 0604256F THREAT 22,812 22,812 22,812 22,812
SIMULATOR
DEVELOPMENT.
096 0604759F MAJOR T&E 42,236 42,236 42,236 42,236
INVESTMENT.
097 0605101F RAND PROJECT 25,579 25,579 25,579 25,579
AIR FORCE.
099 0605712F INITIAL 16,197 16,197 16,197 16,197
OPERATIONAL
TEST &
EVALUATION.
100 0605807F TEST AND 722,071 722,071 722,071 722,071
EVALUATION
SUPPORT.
101 0605860F ROCKET SYSTEMS 16,200 16,200 16,200 16,200
LAUNCH PROGRAM
(SPACE).
102 0605864F SPACE TEST 10,051 45,001 45,051 35,000 45,051
PROGRAM (STP).
................ Restore [34,950] [35,000] [35,000]
Space Test
Program.
103 0605976F FACILITIES 42,597 42,597 42,597 42,597
RESTORATION
AND
MODERNIZATION-
-TEST AND
EVALUATION
SUPPORT.
104 0605978F FACILITIES 27,301 27,301 27,301 27,301
SUSTAINMENT--T
EST AND
EVALUATION
SUPPORT.
105 0606323F MULTI-SERVICE 13,964 13,964 13,964 13,964
SYSTEMS
ENGINEERING
INITIATIVE.
106 0606392F SPACE AND 203,766 203,766 203,766 203,766
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
107 0702806F ACQUISITION AND 42,430 42,430 42,430 42,430
MANAGEMENT
SUPPORT.
108 0804731F GENERAL SKILL 1,294 1,294 1,294 1,294
TRAINING.
111 1001004F INTERNATIONAL 3,851 3,851 3,851 3,851
ACTIVITIES.
................ SUBTOTAL 1,190,349 1,225,299 1,225,349 35,000 1,225,349
RDT&E
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
112 0603423F GLOBAL 371,595 370,095 370,095 -1,500 370,095
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL
SEGMENT.
................ Project [-1,500] [-1,500] [-1,500]
decrease.
114 0605018F AF INTEGRATED 91,697 91,697 91,697 91,697
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
115 0605024F ANTI-TAMPER 17,037 17,037 17,037 17,037
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0101113F B-52 SQUADRONS. 53,208 53,208 53,208 53,208
118 0101122F AIR-LAUNCHED 431 431 431 431
CRUISE MISSILE
(ALCM).
119 0101126F B-1B SQUADRONS. 16,265 16,265 16,265 16,265
120 0101127F B-2 SQUADRONS.. 35,970 35,970 20,970 35,970
................ Efficiencie [-15,000]
s.
121 0101313F STRAT WAR 30,889 30,889 30,889 30,889
PLANNING
SYSTEM--USSTRA
TCOM.
122 0101314F NIGHT FIST-- 10 10 10 10
USSTRATCOM.
124 0102326F REGION/SECTOR 5,609 5,609 5,609 5,609
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
126 0203761F WARFIGHTER 15,098 15,098 15,098 15,098
RAPID
ACQUISITION
PROCESS (WRAP)
RAPID
TRANSITION
FUND.
127 0205219F MQ-9 UAV....... 147,971 147,971 147,971 147,971
128 0207040F MULTI-PLATFORM 49,848 49,848 49,848 49,848
ELECTRONIC
WARFARE
EQUIPMENT.
129 0207131F A-10 SQUADRONS. 13,538 13,538 13,538 13,538
130 0207133F F-16 SQUADRONS. 190,257 190,257 190,257 190,257
131 0207134F F-15E SQUADRONS 192,677 192,677 192,677 192,677
132 0207136F MANNED 13,683 13,683 13,683 13,683
DESTRUCTIVE
SUPPRESSION.
133 0207138F F-22A SQUADRONS 371,667 371,667 371,667 371,667
134 0207142F F-35 SQUADRONS. 8,117 8,117 8,117 8,117
135 0207161F TACTICAL AIM 8,234 8,234 8,234 8,234
MISSILES.
136 0207163F ADVANCED MEDIUM 87,041 87,041 87,041 87,041
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
137 0207170F JOINT HELMET 1,472 1,472 1,472 1,472
MOUNTED CUEING
SYSTEM (JHMCS).
138 0207224F COMBAT RESCUE 2,095 2,095 2,095 2,095
AND RECOVERY.
139 0207227F COMBAT RESCUE-- 1,119 1,119 1,119 1,119
PARARESCUE.
140 0207247F AF TENCAP...... 63,853 63,853 63,853 63,853
141 0207249F PRECISION 1,063 1,063 1,063 1,063
ATTACK SYSTEMS
PROCUREMENT.
142 0207253F COMPASS CALL... 12,094 12,094 12,094 12,094
143 0207268F AIRCRAFT ENGINE 187,984 187,984 187,984 187,984
COMPONENT
IMPROVEMENT
PROGRAM.
145 0207325F JOINT AIR-TO- 7,950 7,950 7,950 7,950
SURFACE
STANDOFF
MISSILE
(JASSM).
146 0207410F AIR & SPACE 76,315 76,315 76,315 76,315
OPERATIONS
CENTER (AOC).
147 0207412F CONTROL AND 8,653 8,653 8,653 8,653
REPORTING
CENTER (CRC).
148 0207417F AIRBORNE 65,200 65,200 65,200 65,200
WARNING AND
CONTROL SYSTEM
(AWACS).
149 0207418F TACTICAL 5,767 5,767 5,767 5,767
AIRBORNE
CONTROL
SYSTEMS.
152 0207431F COMBAT AIR 5,756 5,756 5,756 5,756
INTELLIGENCE
SYSTEM
ACTIVITIES.
154 0207444F TACTICAL AIR 16,226 16,226 16,226 16,226
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,633 1,633 1,633 1,633
DATA LINK.
157 0207449F COMMAND AND 18,086 18,086 18,086 18,086
CONTROL (C2)
CONSTELLATION.
158 0207452F DCAPES......... 15,690 15,690 15,690 15,690
159 0207581F JOINT 24,241 24,241 24,241 24,241
SURVEILLANCE/
TARGET ATTACK
RADAR SYSTEM
(JSTARS).
160 0207590F SEEK EAGLE..... 22,654 22,654 22,654 22,654
161 0207601F USAF MODELING 15,501 15,501 15,501 15,501
AND SIMULATION.
162 0207605F WARGAMING AND 5,699 5,699 5,699 5,699
SIMULATION
CENTERS.
163 0207697F DISTRIBUTED 4,425 4,425 4,425 4,425
TRAINING AND
EXERCISES.
164 0208006F MISSION 69,377 69,377 69,377 69,377
PLANNING
SYSTEMS.
165 0208021F INFORMATION 7,159 7,159 7,159 7,159
WARFARE
SUPPORT.
166 0208059F CYBER COMMAND 66,888 66,888 66,888 66,888
ACTIVITIES.
174 0301400F SPACE 12,056 12,056 12,056 12,056
SUPERIORITY
INTELLIGENCE.
175 0302015F E-4B NATIONAL 4,159 4,159 4,159 4,159
AIRBORNE
OPERATIONS
CENTER (NAOC).
176 0303131F MINIMUM 20,124 20,124 20,124 20,124
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
177 0303140F INFORMATION 69,133 69,133 69,133 69,133
SYSTEMS
SECURITY
PROGRAM.
178 0303141F GLOBAL COMBAT 6,512 6,512 6,512 6,512
SUPPORT SYSTEM.
179 0303150F GLOBAL COMMAND 4,316 4,316 4,316 -2,000 2,316
AND CONTROL
SYSTEM.
................ Underexecut [-2,000]
ion.
180 0303601F MILSATCOM 107,237 107,237 107,237 107,237
TERMINALS.
182 0304260F AIRBORNE SIGINT 129,106 129,106 129,106 129,106
ENTERPRISE.
185 0305099F GLOBAL AIR 4,461 4,461 4,461 4,461
TRAFFIC
MANAGEMENT
(GATM).
186 0305103F CYBER SECURITY 2,055 2,055 2,055 2,055
INITIATIVE.
187 0305105F DOD CYBER CRIME 285 285 285 285
CENTER.
188 0305110F SATELLITE 33,773 33,773 33,773 33,773
CONTROL
NETWORK
(SPACE).
189 0305111F WEATHER SERVICE 29,048 29,048 29,048 29,048
190 0305114F AIR TRAFFIC 43,187 43,187 43,187 43,187
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS. 50,496 50,496 50,496 50,496
194 0305128F SECURITY AND 354 354 354 354
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,000 4,000 4,000 4,000
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 342 342 342 342
COUNTERINTELLI
GENCE
ACTIVITIES.
198 0305164F NAVSTAR GLOBAL 29,621 29,621 29,621 29,621
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
199 0305165F NAVSTAR GLOBAL 14,335 14,335 14,335 14,335
POSITIONING
SYSTEM (SPACE
AND CONTROL
SEGMENTS).
201 0305173F SPACE AND 3,680 3,680 3,680 3,680
MISSILE TEST
AND EVALUATION
CENTER.
202 0305174F SPACE 2,430 2,430 2,430 2,430
INNOVATION AND
DEVELOPMENT
CENTER.
203 0305182F SPACELIFT RANGE 8,760 8,760 8,760 8,760
SYSTEM (SPACE).
205 0305202F DRAGON U-2..... 23,644 23,644 23,644 23,644
206 0305205F ENDURANCE 21,000 21,000 21,000 21,000
UNMANNED
AERIAL
VEHICLES.
207 0305206F AIRBORNE 96,735 96,735 96,735 96,735
RECONNAISSANCE
SYSTEMS.
208 0305207F MANNED 13,316 13,316 13,316 13,316
RECONNAISSANCE
SYSTEMS.
209 0305208F DISTRIBUTED 63,501 63,501 63,501 63,501
COMMON GROUND/
SURFACE
SYSTEMS.
210 0305219F MQ-1 PREDATOR A 9,122 9,122 9,122 9,122
UAV.
211 0305220F RQ-4 UAV....... 236,265 236,265 236,265 236,265
212 0305221F NETWORK-CENTRIC 7,367 7,367 7,367 7,367
COLLABORATIVE
TARGETING.
213 0305236F COMMON DATA 38,094 38,094 38,094 38,094
LINK (CDL).
214 0305238F NATO AGS....... 210,109 210,109 210,109 210,109
215 0305240F SUPPORT TO DCGS 24,500 24,500 24,500 24,500
ENTERPRISE.
216 0305265F GPS III SPACE 318,992 318,992 318,992 318,992
SEGMENT.
217 0305614F JSPOC MISSION 54,645 54,645 54,645 54,645
SYSTEM.
218 0305881F RAPID CYBER 4,007 4,007 4,007 4,007
ACQUISITION.
219 0305887F INTELLIGENCE 13,357 13,357 13,357 13,357
SUPPORT TO
INFORMATION
WARFARE.
220 0305913F NUDET DETECTION 64,965 64,965 64,965 -1,600 63,365
SYSTEM (SPACE).
................ ICADS--earl [-1,600]
y to need.
221 0305940F SPACE SITUATION 19,586 19,586 19,586 19,586
AWARENESS
OPERATIONS.
223 0308699F SHARED EARLY 1,175 1,175 1,175 1,175
WARNING (SEW).
224 0401115F C-130 AIRLIFT 5,000 5,000 5,000 5,000
SQUADRON.
225 0401119F C-5 AIRLIFT 35,115 35,115 35,115 35,115
SQUADRONS (IF).
226 0401130F C-17 AIRCRAFT 99,225 99,225 99,225 99,225
(IF).
227 0401132F C-130J PROGRAM. 30,652 30,652 30,652 30,652
228 0401134F LARGE AIRCRAFT 7,758 7,758 7,758 7,758
IR
COUNTERMEASURE
S (LAIRCM).
229 0401139F LIGHT MOBILITY 100 100 100 -100 0
AIRCRAFT
(LIMA).
................ Program [-100]
termination.
231 0401219F KC-10S......... 24,022 24,022 24,022 24,022
232 0401314F OPERATIONAL 7,471 7,471 7,471 7,471
SUPPORT
AIRLIFT.
234 0408011F SPECIAL TACTICS 4,984 4,984 4,984 4,984
/ COMBAT
CONTROL.
235 0702207F DEPOT 1,588 1,588 1,588 1,588
MAINTENANCE
(NON-IF).
236 0708012F LOGISTICS 577 577 577 577
SUPPORT
ACTIVITIES.
237 0708610F LOGISTICS 119,327 119,327 119,327 -20,000 99,327
INFORMATION
TECHNOLOGY
(LOGIT).
................ Program [-20,000]
delays.
238 0708611F SUPPORT SYSTEMS 15,873 15,873 15,873 15,873
DEVELOPMENT.
240 0804743F OTHER FLIGHT 349 349 349 349
TRAINING.
242 0808716F OTHER PERSONNEL 117 117 117 117
ACTIVITIES.
243 0901202F JOINT PERSONNEL 2,018 2,018 2,018 2,018
RECOVERY
AGENCY.
244 0901218F CIVILIAN 1,561 1,561 1,561 1,561
COMPENSATION
PROGRAM.
245 0901220F PERSONNEL 7,634 7,634 7,634 7,634
ADMINISTRATION.
246 0901226F AIR FORCE 1,175 1,175 1,175 1,175
STUDIES AND
ANALYSIS
AGENCY.
247 0901279F FACILITIES 3,491 3,491 3,491 3,491
OPERATION--ADM
INISTRATIVE.
248 0901538F FINANCIAL 100,160 100,160 100,160 100,160
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
249A 9999999999 CLASSIFIED 11,172,183 11,172,183 11,149,583 11,172,183
PROGRAMS.
................ Classified [-22,600]
reduction.
................ SUBTOTAL 15,867,972 15,866,472 15,828,872 -25,200 15,842,772
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ PRIOR YEAR
SAVINGS
249B 9999999999 PRIOR YEAR -78,426 0
SAVINGS.
................ C-130 AMP [-6,509]
cancellatio
n.
................ Global Hawk [-64,000]
Block 30
cancellatio
n.
................ MALD II [-7,917]
Cancellatio
n.
................ SUBTOTAL -78,426 0
PRIOR YEAR
SAVINGS.
................
................ TOTAL 25,428,046 25,512,996 25,274,890 -44,707 25,383,339
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
................ BASIC RESEARCH
001 0601000BR DTRA BASIC 45,071 45,071 45,071 45,071
RESEARCH
INITIATIVE.
002 0601101E DEFENSE 309,051 309,051 309,051 309,051
RESEARCH
SCIENCES.
003 0601110D8Z BASIC RESEARCH 19,405 19,405 19,405 19,405
INITIATIVES.
004 0601117E BASIC 39,676 39,676 39,676 39,676
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL 87,979 87,979 87,979 87,979
DEFENSE
EDUCATION
PROGRAM.
006 0601384BP CHEMICAL AND 50,566 50,566 50,566 50,566
BIOLOGICAL
DEFENSE
PROGRAM.
................ SUBTOTAL 551,748 551,748 551,748 551,748
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
007 0602000D8Z JOINT MUNITIONS 20,615 20,615 20,615 20,615
TECHNOLOGY.
008 0602115E BIOMEDICAL 110,900 110,900 110,900 110,900
TECHNOLOGY.
009 0602228D8Z HISTORICALLY 10,000 10,000 10,000
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
................ Program [10,000] [10,000]
increase.
010 0602234D8Z LINCOLN 36,826 36,826 36,826 36,826
LABORATORY
RESEARCH
PROGRAM.
011 0602250D8Z SYSTEMS 2020 7,898 7,898 7,898 7,898
APPLIED
RESEARCH.
012 0602303E INFORMATION & 392,421 392,421 392,421 392,421
COMMUNICATIONS
TECHNOLOGY.
013 0602304E COGNITIVE 30,424 30,424 30,424 30,424
COMPUTING
SYSTEMS.
015 0602383E BIOLOGICAL 19,236 19,236 19,236 19,236
WARFARE
DEFENSE.
016 0602384BP CHEMICAL AND 223,269 223,269 223,269 223,269
BIOLOGICAL
DEFENSE
PROGRAM.
017 0602663D8Z DATA TO 13,753 13,753 13,753 -4,000 9,753
DECISIONS
APPLIED
RESEARCH.
................ Excessive [-4,000]
growth.
018 0602668D8Z CYBER SECURITY 18,985 18,985 18,985 -6,000 12,985
RESEARCH.
................ Excessive [-6,000]
growth.
019 0602670D8Z HUMAN, SOCIAL 6,771 6,771 6,771 6,771
AND CULTURE
BEHAVIOR
MODELING
(HSCB) APPLIED
RESEARCH.
020 0602702E TACTICAL 233,209 233,209 233,209 233,209
TECHNOLOGY.
021 0602715E MATERIALS AND 166,067 166,067 166,067 166,067
BIOLOGICAL
TECHNOLOGY.
022 0602716E ELECTRONICS 222,416 222,416 222,416 222,416
TECHNOLOGY.
023 0602718BR WEAPONS OF MASS 172,352 172,352 172,352 172,352
DESTRUCTION
DEFEAT
TECHNOLOGIES.
024 1160401BB SPECIAL 28,739 28,739 28,739 28,739
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
................ SUBTOTAL 1,703,881 1,713,881 1,703,881 1,703,881
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
025 0603000D8Z JOINT MUNITIONS 25,612 25,612 25,612 -4,000 21,612
ADVANCED
TECHNOLOGY.
................ Excessive [-4,000]
growth.
026 0603121D8Z SO/LIC ADVANCED 26,324 26,324 26,324 26,324
DEVELOPMENT.
027 0603122D8Z COMBATING 77,144 77,144 65,844 77,144
TERRORISM
TECHNOLOGY
SUPPORT.
................ Reduction [-11,300]
due to
duplication
of effort.
028 0603160BR COUNTERPROLIFER 275,022 275,022 275,022 275,022
ATION
INITIATIVES--P
ROLIFERATION
PREVENTION AND
DEFEAT.
029 0603175C BALLISTIC 79,975 79,975 79,975 79,975
MISSILE
DEFENSE
TECHNOLOGY.
031 0603225D8Z JOINT DOD-DOE 20,032 20,032 20,032 20,032
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
032 0603264S AGILE 3,892 3,892 3,892 3,892
TRANSPORTATION
FOR THE 21ST
CENTURY
(AT21)--THEATE
R CAPABILITY.
033 0603274C SPECIAL 36,685 36,685 36,685 36,685
PROGRAM--MDA
TECHNOLOGY.
034 0603286E ADVANCED 174,316 149,316 174,316 -15,000 159,316
AEROSPACE
SYSTEMS.
................ Program [-25,000] [-15,000]
decrease.
035 0603287E SPACE PROGRAMS 159,704 159,704 159,704 159,704
AND TECHNOLOGY.
036 0603384BP CHEMICAL AND 234,280 229,280 234,280 234,280
BIOLOGICAL
DEFENSE
PROGRAM--ADVAN
CED
DEVELOPMENT.
................ Program [-5,000]
decrease.
037 0603618D8Z JOINT 6,983 6,983 6,983 6,983
ELECTRONIC
ADVANCED
TECHNOLOGY.
038 0603648D8Z JOINT 158,263 158,263 158,263 158,263
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
039 0603662D8Z NETWORKED 25,393 25,393 25,393 25,393
COMMUNICATIONS
CAPABILITIES.
040 0603663D8Z DATA TO 13,754 13,754 13,754 -4,000 9,754
DECISIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................ Excessive [-4,000]
growth.
042 0603668D8Z CYBER SECURITY 19,935 19,935 19,935 -6,000 13,935
ADVANCED
RESEARCH.
................ Excessive [-6,000]
growth.
043 0603670D8Z HUMAN, SOCIAL 8,235 8,235 8,235 8,235
AND CULTURE
BEHAVIOR
MODELING
(HSCB)
ADVANCED
DEVELOPMENT.
044 0603680D8Z DEFENSE-WIDE 21,966 21,966 51,966 30,000 51,966
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
................ Industrial [30,000] [30,000]
Base
Innovation
Fund.
045 0603699D8Z EMERGING 24,662 24,662 24,662 24,662
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
047 0603712S GENERIC 24,605 24,605 24,605 24,605
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
048 0603713S DEPLOYMENT AND 30,678 30,678 30,678 30,678
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.
049 0603716D8Z STRATEGIC 65,282 65,282 65,282 65,282
ENVIRONMENTAL
RESEARCH
PROGRAM.
050 0603720S MICROELECTRONIC 72,234 82,234 69,234 -10,000 62,234
S TECHNOLOGY
DEVELOPMENT
AND SUPPORT.
................ .90nm Next [-10,000]
Generation
Foundry-
early to
need.
................ DMEA [-3,000]
upgrade
reduction.
................ Program [10,000]
increase.
051 0603727D8Z JOINT 8,403 8,403 8,403 8,403
WARFIGHTING
PROGRAM.
052 0603739E ADVANCED 111,008 111,008 111,008 111,008
ELECTRONICS
TECHNOLOGIES.
054 0603760E COMMAND, 237,859 212,859 237,859 -8,000 229,859
CONTROL AND
COMMUNICATIONS
SYSTEMS.
................ Program [-25,000] [-8,000]
reduction.
055 0603765E CLASSIFIED 3,000 3,000 3,000 3,000
DARPA PROGRAMS.
056 0603766E NETWORK-CENTRIC 236,883 236,883 236,883 236,883
WARFARE
TECHNOLOGY.
057 0603767E SENSOR 299,438 299,438 299,438 299,438
TECHNOLOGY.
058 0603769SE DISTRIBUTED 12,195 12,195 12,195 12,195
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
059 0603781D8Z SOFTWARE 30,036 30,036 30,036 30,036
ENGINEERING
INSTITUTE.
060 0603826D8Z QUICK REACTION 107,002 107,002 107,002 -15,000 92,002
SPECIAL
PROJECTS.
................ Excessive [-15,000]
growth.
062 0603828J JOINT 21,230 21,230 21,230 21,230
EXPERIMENTATIO
N.
063 0603832D8Z DOD MODELING 47,433 47,433 47,433 47,433
AND SIMULATION
MANAGEMENT
OFFICE.
064 0603901C DIRECTED ENERGY 46,944 76,944 46,944 -5,000 41,944
RESEARCH.
................ Program [30,000]
increase.
................ Unjustified [-5,000]
request.
065 0603902C NEXT GENERATION 224,077 224,077 224,077 224,077
AEGIS MISSILE.
066 0603941D8Z TEST & 92,602 92,602 92,602 92,602
EVALUATION
SCIENCE &
TECHNOLOGY.
068 0604055D8Z OPERATIONAL 26,244 26,244 26,244 26,244
ENERGY
CAPABILITY
IMPROVEMENT.
069 0303310D8Z CWMD SYSTEMS... 53,946 53,946 53,946 -15,000 38,946
................ Program [-15,000]
reduction.
070 1160402BB SPECIAL 45,317 45,317 45,317 45,317
OPERATIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
071 1160422BB AVIATION 861 861 861 861
ENGINEERING
ANALYSIS.
072 1160472BB SOF INFORMATION 4,959 4,959 4,959 4,959
AND BROADCAST
SYSTEMS
ADVANCED
TECHNOLOGY.
................ SUBTOTAL 3,194,413 3,179,413 3,210,113 -52,000 3,142,413
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
073 0603161D8Z NUCLEAR AND 33,234 33,234 33,234 33,234
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E ADC&P.
074 0603527D8Z RETRACT LARCH.. 21,023 21,023 21,023 21,023
075 0603600D8Z WALKOFF........ 94,624 94,624 94,624 94,624
077 0603714D8Z ADVANCED SENSOR 16,958 16,958 18,958 2,000 18,958
APPLICATIONS
PROGRAM.
................ Reverse [2,000] [2,000]
cuts to
testing.
078 0603851D8Z ENVIRONMENTAL 75,941 75,941 75,941 75,941
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
079 0603881C BALLISTIC 316,929 316,929 316,929 316,929
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT.
080 0603882C BALLISTIC 903,172 1,363,172 903,172 75,000 978,172
MISSILE
DEFENSE
MIDCOURSE
DEFENSE
SEGMENT.
................ East Coast [103,000]
site
planning
and
development
, and EIS
work.
................ Program [357,000] [75,000]
increase.
081 0603884BP CHEMICAL AND 179,023 179,023 179,023 179,023
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
082 0603884C BALLISTIC 347,012 347,012 347,012 347,012
MISSILE
DEFENSE
SENSORS.
084 0603890C BMD ENABLING 362,711 362,711 362,711 362,711
PROGRAMS.
085 0603891C SPECIAL 272,387 272,387 272,387 272,387
PROGRAMS--MDA.
086 0603892C AEGIS BMD...... 992,407 992,407 992,407 992,407
087 0603893C SPACE TRACKING 51,313 51,313 51,313 51,313
& SURVEILLANCE
SYSTEM.
088 0603895C BALLISTIC 6,912 6,912 6,912 6,912
MISSILE
DEFENSE SYSTEM
SPACE PROGRAMS.
089 0603896C BALLISTIC 366,552 366,552 366,552 366,552
MISSILE
DEFENSE
COMMAND AND
CONTROL,
BATTLE
MANAGEMENT &
COMMUNICATION.
090 0603898C BALLISTIC 55,550 55,550 55,550 55,550
MISSILE
DEFENSE JOINT
WARFIGHTER
SUPPORT.
091 0603904C MISSILE DEFENSE 63,043 63,043 63,043 63,043
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
092 0603906C REGARDING 11,371 11,371 11,371 11,371
TRENCH.
093 0603907C SEA BASED X- 9,730 9,730 9,730 9,730
BAND RADAR
(SBX).
094 0603913C ISRAELI 99,836 267,836 409,836 379,000 478,836
COOPERATIVE
PROGRAMS.
................ Arrow [20,000]
Weapon
System
improvement
s.
................ Arrow-3 [20,000]
interceptor.
................ David's [60,000]
Sling short-
range BMD.
................ Increase to [168,000] [168,000]
DSWS, ASIP,
Arrow-3
cooperative
programs.
................ Iron Dome [210,000] [211,000]
short-range
rocket
defense.
095 0603914C BALLISTIC 454,400 454,400 454,400 454,400
MISSILE
DEFENSE TEST.
096 0603915C BALLISTIC 435,747 435,747 435,747 435,747
MISSILE
DEFENSE
TARGETS.
097 0603920D8Z HUMANITARIAN 13,231 13,231 13,231 13,231
DEMINING.
098 0603923D8Z COALITION 11,398 11,398 11,398 11,398
WARFARE.
099 0604016D8Z DEPARTMENT OF 3,283 3,283 24,083 20,800 24,083
DEFENSE
CORROSION
PROGRAM.
................ Increase [20,800] [20,800]
for
requirement
s shortfall.
100 0604400D8Z DEPARTMENT OF 12,368 12,368 12,368 12,368
DEFENSE (DOD)
UNMANNED
AIRCRAFT
SYSTEM (UAS)
COMMON
DEVELOPMENT.
101 0604670D8Z HUMAN, SOCIAL 5,131 5,131 5,131 5,131
AND CULTURE
BEHAVIOR
MODELING
(HSCB)
RESEARCH AND
ENGINEERING.
102 0604775D8Z DEFENSE RAPID 200,000 200,000 200,000
INNOVATION
PROGRAM.
................ Rapid [200,000] [200,000]
Innovation
Program.
104 0604787J JOINT SYSTEMS 3,273 3,273 3,273 3,273
INTEGRATION.
106 0604828J JOINT FIRES 7,364 7,364 7,364 7,364
INTEGRATION
AND
INTEROPERABILI
TY TEAM.
107 0604880C LAND-BASED SM-3 276,338 276,338 276,338 276,338
(LBSM3).
108 0604881C AEGIS SM-3 420,630 420,630 420,630 420,630
BLOCK IIA CO-
DEVELOPMENT.
109 0604883C PRECISION 297,375 50,000 297,375 -55,000 242,375
TRACKING SPACE
SENSOR RDT&E.
................ Project [-247,375] [-55,000]
decrease to
support
technology
development.
111 0604886C ADVANCED REMOTE 58,742 58,742 58,742 -25,000 33,742
SENSOR
TECHNOLOGY
(ARST).
................ Program [-25,000]
reduction.
113 0303191D8Z JOINT 3,158 3,158 3,158 3,158
ELECTROMAGNETI
C TECHNOLOGY
(JET) PROGRAM.
................ SUBTOTAL 6,282,166 6,662,791 6,814,966 596,800 6,878,966
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT
AND
DEMONSTRATION
(SDD)
115 0604161D8Z NUCLEAR AND 6,817 6,817 6,817 6,817
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E SDD.
116 0604165D8Z PROMPT GLOBAL 110,383 110,383 110,383 110,383
STRIKE
CAPABILITY
DEVELOPMENT.
117 0604384BP CHEMICAL AND 311,071 311,071 311,071 311,071
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
119 0604764K ADVANCED IT 25,787 25,787 25,787 25,787
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
120 0604771D8Z JOINT TACTICAL 20,688 20,688 20,688 20,688
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 5,749 5,749 5,749 5,749
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 12,699 12,699 12,699 12,699
TECHNOLOGY
DEVELOPMENT.
125 0605021SE HOMELAND 387 387 387 387
PERSONNEL
SECURITY
INITIATIVE.
126 0605022D8Z DEFENSE 1,859 1,859 1,859 1,859
EXPORTABILITY
PROGRAM.
127 0605027D8Z OUSD(C) IT 7,010 7,010 7,010 7,010
DEVELOPMENT
INITIATIVES.
128 0605070S DOD ENTERPRISE 133,104 133,104 133,104 133,104
SYSTEMS
DEVELOPMENT
AND
DEMONSTRATION.
129 0605075D8Z DCMO POLICY AND 25,269 25,269 25,269 25,269
INTEGRATION.
131 0605210D8Z DEFENSE-WIDE 10,238 10,238 10,238 10,238
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 19,670 19,670 19,670 19,670
SUPPORT SYSTEM.
133 0305304D8Z DOD ENTERPRISE 3,556 3,556 3,556 3,556
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
................ SUBTOTAL 694,287 694,287 694,287 694,287
SYSTEM
DEVELOPMENT
AND
DEMONSTRATIO
N (SDD).
................
................ RDT&E
MANAGEMENT
SUPPORT
135 0604774D8Z DEFENSE 6,383 6,383 6,383 6,383
READINESS
REPORTING
SYSTEM (DRRS).
136 0604875D8Z JOINT SYSTEMS 3,845 3,845 3,845 3,845
ARCHITECTURE
DEVELOPMENT.
137 0604940D8Z CENTRAL TEST 144,109 144,109 144,109 144,109
AND EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
138 0604942D8Z ASSESSMENTS AND 2,419 2,419 2,419 2,419
EVALUATIONS.
139 0604943D8Z THERMAL VICAR.. 8,214 8,214 8,214 8,214
140 0605100D8Z JOINT MISSION 19,380 19,380 19,380 19,380
ENVIRONMENT
TEST
CAPABILITY
(JMETC).
141 0605104D8Z TECHNICAL 32,266 32,266 32,266 32,266
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605110D8Z USD(A&T)-- 840 840 840 840
CRITICAL
TECHNOLOGY
SUPPORT.
143 0605117D8Z FOREIGN 56,012 56,012 56,012 56,012
MATERIEL
ACQUISITION
AND
EXPLOITATION.
144 0605126J JOINT 55,508 55,508 55,508 55,508
INTEGRATED AIR
AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
146 0605130D8Z FOREIGN 18,174 18,174 18,174 18,174
COMPARATIVE
TESTING.
147 0605142D8Z SYSTEMS 43,195 43,195 43,195 43,195
ENGINEERING.
148 0605151D8Z STUDIES AND 6,457 6,457 6,457 6,457
ANALYSIS
SUPPORT--OSD.
149 0605161D8Z NUCLEAR MATTERS- 4,901 4,901 4,901 4,901
PHYSICAL
SECURITY.
150 0605170D8Z SUPPORT TO 6,307 6,307 6,307 6,307
NETWORKS AND
INFORMATION
INTEGRATION.
151 0605200D8Z GENERAL SUPPORT 6,601 6,601 6,601 6,601
TO USD
(INTELLIGENCE).
152 0605384BP CHEMICAL AND 92,849 92,849 92,849 92,849
BIOLOGICAL
DEFENSE
PROGRAM.
159 0605790D8Z SMALL BUSINESS 1,857 1,857 1,857 1,857
INNOVATION
RESEARCH
(SBIR)/ SMALL
BUSINESS
TECHNOLOGY
TRANSFER (S.
160 0605798D8Z DEFENSE 12,056 12,056 12,056 12,056
TECHNOLOGY
ANALYSIS.
162 0605801KA DEFENSE 55,454 55,454 55,454 55,454
TECHNICAL
INFORMATION
CENTER (DTIC).
163 0605803SE R&D IN SUPPORT 16,364 16,364 16,364 16,364
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
164 0605804D8Z DEVELOPMENT 15,110 15,110 20,110 5,000 20,110
TEST AND
EVALUATION.
................ DT&E [5,000] [5,000]
Increase.
166 0605898E MANAGEMENT HQ-- 69,767 69,767 69,767 69,767
R&D.
167 0606100D8Z BUDGET AND 4,454 4,454 4,454 4,454
PROGRAM
ASSESSMENTS.
169 0203345D8Z DEFENSE 2,637 2,637 2,637 2,637
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
174 0303166J SUPPORT TO 8,238 8,238 8,238 8,238
INFORMATION
OPERATIONS
(IO)
CAPABILITIES.
176 0305103E CYBER SECURITY 1,801 1,801 1,801 1,801
INITIATIVE.
177 0305193D8Z INTELLIGENCE 16,041 16,041 16,041 16,041
SUPPORT TO
INFORMATION
OPERATIONS
(IO).
180 0804767D8Z COCOM EXERCISE 77,475 77,475 77,475 77,475
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2).
182 0901598C MANAGEMENT HQ-- 34,855 34,855 34,855 34,855
MDA.
183 0901598D8W MANAGEMENT 104 104 104 104
HEADQUARTERS
WHS.
184A 9999999999 CLASSIFIED 64,255 64,255 64,255 64,255
PROGRAMS.
................ SUBTOTAL 887,928 887,928 892,928 5,000 892,928
RDT&E
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0604130V ENTERPRISE 8,866 8,866 8,866 8,866
SECURITY
SYSTEM (ESS).
186 0605127T REGIONAL 3,238 3,238 3,238 3,238
INTERNATIONAL
OUTREACH (RIO)
AND
PARTNERSHIP
FOR PEACE
INFORMATION
MGMT.
187 0605147T OVERSEAS 288 288 288 288
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM
(OHASIS).
188 0607384BP CHEMICAL AND 14,745 14,745 14,745 14,745
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
190 0607828J JOINT 5,013 5,013 5,013 5,013
INTEGRATION
AND
INTEROPERABILI
TY.
191 0208043J PLANNING AND 3,922 3,922 3,922 3,922
DECISION AID
SYSTEM (PDAS).
192 0208045K C4I 72,574 72,574 72,574 72,574
INTEROPERABILI
TY.
194 0301144K JOINT/ALLIED 6,214 6,214 6,214 6,214
COALITION
INFORMATION
SHARING.
201 0302016K NATIONAL 499 499 499 499
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
202 0302019K DEFENSE INFO 14,498 14,498 14,498 14,498
INFRASTRUCTURE
ENGINEERING
AND
INTEGRATION.
203 0303126K LONG-HAUL 26,164 26,164 26,164 26,164
COMMUNICATIONS
-DCS.
204 0303131K MINIMUM 12,931 12,931 12,931 12,931
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
205 0303135G PUBLIC KEY 6,296 6,296 6,296 6,296
INFRASTRUCTURE
(PKI).
206 0303136G KEY MANAGEMENT 30,948 30,948 30,948 30,948
INFRASTRUCTURE
(KMI).
207 0303140D8Z INFORMATION 11,780 11,780 11,780 11,780
SYSTEMS
SECURITY
PROGRAM.
208 0303140G INFORMATION 191,452 241,452 191,452 191,452
SYSTEMS
SECURITY
PROGRAM.
................ Program [50,000]
increase.
211 0303150K GLOBAL COMMAND 36,575 46,575 36,575 36,575
AND CONTROL
SYSTEM.
................ Program [10,000]
increase.
212 0303153K DEFENSE 24,278 24,278 24,278 24,278
SPECTRUM
ORGANIZATION.
213 0303170K NET-CENTRIC 2,924 2,924 2,924 2,924
ENTERPRISE
SERVICES
(NCES).
214 0303260D8Z DEFENSE 1,294 1,294 1,294 1,294
MILITARY
DECEPTION
PROGRAM OFFICE
(DMDPO).
215 0303610K TELEPORT 6,050 6,050 6,050 6,050
PROGRAM.
217 0304210BB SPECIAL 17,058 17,058 17,058 17,058
APPLICATIONS
FOR
CONTINGENCIES.
222 0305103K CYBER SECURITY 4,189 4,189 4,189 4,189
INITIATIVE.
223 0305125D8Z CRITICAL 10,462 10,462 10,462 10,462
INFRASTRUCTURE
PROTECTION
(CIP).
227 0305186D8Z POLICY R&D 6,360 6,360 6,360 6,360
PROGRAMS.
229 0305199D8Z NET CENTRICITY. 21,190 21,190 21,190 21,190
232 0305208BB DISTRIBUTED 7,114 7,714 7,714 600 7,714
COMMON GROUND/
SURFACE
SYSTEMS.
................ USSOCOM UFR [600] [600] [600]
235 0305208K DISTRIBUTED 3,247 3,247 3,247 3,247
COMMON GROUND/
SURFACE
SYSTEMS.
237 0305219BB MQ-1 PREDATOR A 1,355 1,355 1,355 1,355
UAV.
240 0305387D8Z HOMELAND 2,303 2,303 2,303 2,303
DEFENSE
TECHNOLOGY
TRANSFER
PROGRAM.
241 0305600D8Z INTERNATIONAL 1,478 1,478 1,478 1,478
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
249 0708011S INDUSTRIAL 27,044 27,044 27,044 27,044
PREPAREDNESS.
250 0708012S LOGISTICS 4,711 4,711 4,711 4,711
SUPPORT
ACTIVITIES.
251 0902298J MANAGEMENT HQ-- 4,100 4,100 4,100 4,100
OJCS.
253 1105219BB MQ-9 UAV....... 3,002 3,002 3,002 3,002
257 1160403BB SPECIAL 97,267 97,267 97,267 97,267
OPERATIONS
AVIATION
SYSTEMS
ADVANCED
DEVELOPMENT.
258 1160404BB SPECIAL 821 821 821 821
OPERATIONS
TACTICAL
SYSTEMS
DEVELOPMENT.
259 1160405BB SPECIAL 25,935 25,935 25,935 25,935
OPERATIONS
INTELLIGENCE
SYSTEMS
DEVELOPMENT.
260 1160408BB SOF OPERATIONAL 51,700 51,700 51,700 51,700
ENHANCEMENTS.
261 1160421BB SPECIAL 1,822 1,822 1,822 1,822
OPERATIONS CV-
22 DEVELOPMENT.
262 1160427BB MISSION 10,131 10,131 10,131 10,131
TRAINING AND
PREPARATION
SYSTEMS (MTPS).
263 1160429BB AC/MC-130J..... 19,647 19,647 19,647 19,647
264 1160474BB SOF 2,225 2,225 2,225 2,225
COMMUNICATIONS
EQUIPMENT AND
ELECTRONICS
SYSTEMS.
265 1160476BB SOF TACTICAL 3,036 3,036 3,036 3,036
RADIO SYSTEMS.
266 1160477BB SOF WEAPONS 1,511 1,511 1,511 1,511
SYSTEMS.
267 1160478BB SOF SOLDIER 4,263 4,263 4,263 4,263
PROTECTION AND
SURVIVAL
SYSTEMS.
268 1160479BB SOF VISUAL 4,448 4,448 4,448 4,448
AUGMENTATION,
LASERS AND
SENSOR SYSTEMS.
269 1160480BB SOF TACTICAL 11,325 11,325 11,325 11,325
VEHICLES.
270 1160481BB SOF MUNITIONS.. 1,515 1,515 1,515 1,515
271 1160482BB SOF ROTARY WING 24,430 24,430 24,430 24,430
AVIATION.
272 1160483BB SOF UNDERWATER 26,405 61,405 34,405 43,000 69,405
SYSTEMS.
................ Program [35,000] [35,000]
increase.
................ Transfer [8,000] [8,000]
from PDW
Line 64 at
USSOCOM
request.
273 1160484BB SOF SURFACE 8,573 8,573 8,573 8,573
CRAFT.
275 1160489BB SOF GLOBAL 7,620 7,620 7,620 7,620
VIDEO
SURVEILLANCE
ACTIVITIES.
276 1160490BB SOF OPERATIONAL 16,386 16,386 16,386 16,386
ENHANCEMENTS
INTELLIGENCE.
276A 9999999999 CLASSIFIED 3,754,516 3,774,416 3,754,516 3,754,516
PROGRAMS.
................ Program [19,900]
increases.
................ SUBTOTAL 4,667,738 4,783,238 4,676,338 43,600 4,711,338
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ UNDISTRIBUTED
GENERAL
PROVISIONS
276B 9999999999 UNDISTRIBUTED -100,000 -25,000 -25,000
GENERAL
PROVISIONS.
................ DARPA [-25,000] [-25,000]
classified
programs
reduction.
................ DARPA [-75,000]
undistribu
ted
reduction.
................ SUBTOTAL -100,000 -25,000 -25,000
UNDISTRIBUTE
D GENERAL
PROVISIONS.
................
................ TOTAL 17,982,161 18,473,286 18,444,261 568,400 18,550,561
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
................
................ OPERATIONAL
TEST & EVAL,
DEFENSE
................ RDT&E
MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL 72,501 107,501 76,501 15,000 87,501
TEST AND
EVALUATION.
................ NCR [4,000]
Transition.
................ Program [25,000] [15,000]
increase
for DOT&E
cyber--rang
e
operations.
................ Program [10,000]
increase
for DOT&E
cyber--thre
at
development
and
assessment.
002 0605131OTE LIVE FIRE TEST 49,201 49,201 49,201 49,201
AND EVALUATION.
003 0605814OTE OPERATIONAL 63,566 63,566 63,566 63,566
TEST
ACTIVITIES AND
ANALYSES.
................ SUBTOTAL 185,268 220,268 189,268 15,000 200,268
RDT&E
MANAGEMENT
SUPPORT.
................
................ TOTAL 185,268 220,268 189,268 15,000 200,268
OPERATIONA
L TEST &
EVAL,
DEFENSE.
................
................ TOTAL 69,407,767 70,352,256 69,324,218 530,133 69,937,900
RDT&E.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
060 0603747A SOLDIER SUPPORT 19,860 19,860 19,860 -5,000 14,860
AND
SURVIVABILITY.
................. Program [-5,000]
adjustment.
................. SUBTOTAL 19,860 19,860 19,860 19,860
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
.................
................. TOTAL 19,860 19,860 19,860 -5,000 14,860
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
.................
................. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
056 0603654N JOINT SERVICE 4,600 4,600 4,600 4,600
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
................. SUBTOTAL 4,600 4,600 4,600 4,600
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
.................
................. SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604771N MEDICAL 2,173 2,173 2,173 2,173
DEVELOPMENT.
................. SUBTOTAL 2,173 2,173 2,173 2,173
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
.................
................. RDT&E
MANAGEMENT
SUPPORT
160 0605866N NAVY SPACE AND 5,200 5,200 5,200 5,200
ELECTRONIC
WARFARE (SEW)
SUPPORT.
................. SUBTOTAL 5,200 5,200 5,200 5,200
RDT&E
MANAGEMENT
SUPPORT.
.................
................. OPERATIONAL
SYSTEMS
DEVELOPMENT
195 0206624M MARINE CORPS 6,762 6,762 6,762 6,762
COMBAT
SERVICES
SUPPORT.
221 0305233N RQ-7 UAV....... 7,600 7,600 7,600 7,600
230A 9999999999 CLASSIFIED 33,784 33,784 33,784 33,784
PROGRAMS.
................. SUBTOTAL 48,146 48,146 48,146 48,146
OPERATIONAL
SYSTEMS
DEVELOPMENT.
.................
................. TOTAL 60,119 60,119 60,119 60,119
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
.................
................. OPERATIONAL
SYSTEMS
DEVELOPMENT
249A 9999999999 CLASSIFIED 53,150 53,150 53,150 53,150
PROGRAMS.
................. SUBTOTAL 53,150 53,150 53,150 53,150
OPERATIONAL
SYSTEMS
DEVELOPMENT.
.................
................. TOTAL 53,150 53,150 53,150 53,150
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, AF.
.................
009 0602228D8Z HISTORICALLY 10,000 0
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
................. Program [10,000]
increase.
.................
027 0603122D8Z COMBATING 25,000 0
TERRORISM
TECHNOLOGY
SUPPORT.
................. Program [25,000]
increase.
.................
094 0603913C ISRAELI 680,000 0
COOPERATIVE
PROGRAMS.
................. Iron Dome.. [680,000]
102 0604775D8Z DEFENSE RAPID 200,000 0
INNOVATION
PROGRAM.
................. Program [200,000]
increase.
.................
................. OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0305231BB MQ-8 UAV....... 5,000 5,000 5,000 5,000
276A 9999999999 CLASSIFIED 107,387 107,387 107,387 107,387
PROGRAMS.
................. SUBTOTAL 112,387 112,387 112,387 112,387
OPERATIONAL
SYSTEMS
DEVELOPMENT.
.................
................. TOTAL 112,387 1,027,387 112,387 112,387
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
.................
................. TOTAL 245,516 1,160,516 245,516 -5,000 240,516
RDT&E.
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS...... 1,223,087 1,223,087 1,223,087 1,223,087
020 MODULAR SUPPORT 80,574 80,574 80,574 80,574
BRIGADES...........
030 ECHELONS ABOVE 723,039 723,039 723,039 723,039
BRIGADE............
040 THEATER LEVEL ASSETS 706,974 706,974 706,974 706,974
050 LAND FORCES 1,226,650 1,226,650 1,226,650 1,226,650
OPERATIONS SUPPORT.
060 AVIATION ASSETS..... 1,319,832 1,319,832 1,319,832 1,319,832
070 FORCE READINESS 3,447,174 3,452,174 3,447,174 3,447,174
OPERATIONS SUPPORT.
Weapons of Mass [5,000]
Destruction
Civil Support
Teams...........
080 LAND FORCES SYSTEMS 454,774 454,774 454,774 454,774
READINESS..........
090 LAND FORCES DEPOT 1,762,757 1,762,757 1,811,157 1,762,757
MAINTENANCE........
Foreign Military [48,400]
Sales Special
Defense Repair
Fund Senate
Floor Amdt
(Levin 3114)....
100 BASE OPERATIONS 7,401,613 7,401,613 7,401,613 -52,000 7,349,613
SUPPORT............
Army requested [-52,000]
transfer to
Other
Procurement,
Army for
emgergency
mananagement
modernization
prgram..........
110 FACILITIES 3,041,074 3,234,674 3,041,074 218,600 3,259,674
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Realignment to [-25,000]
Cemeterial
Expenses, Army..
Restoration and [218,600] [218,600]
Modernization of
Facilities......
120 MANAGEMENT AND 410,171 410,171 410,171 410,171
OPERATIONAL HQ'S...
130 COMBATANT COMMANDERS 177,819 177,819 177,819 177,819
CORE OPERATIONS....
170 COMBATANT COMMANDERS 461,333 461,333 461,333 461,333
ANCILLARY MISSIONS.
SUBTOTAL 22,436,871 22,635,471 22,485,271 166,600 22,603,471
OPERATING FORCES
MOBILIZATION
180 STRATEGIC MOBILITY.. 405,496 405,496 405,496 405,496
190 ARMY PREPOSITIONING 195,349 195,349 195,349 195,349
STOCKS.............
200 INDUSTRIAL 6,379 6,379 6,379 6,379
PREPAREDNESS.......
SUBTOTAL 607,224 607,224 607,224 607,224
MOBILIZATION....
TRAINING AND
RECRUITING
210 OFFICER ACQUISITION. 112,866 112,866 112,866 112,866
220 RECRUIT TRAINING.... 73,265 73,265 73,265 73,265
230 ONE STATION UNIT 51,227 51,227 51,227 51,227
TRAINING...........
240 SENIOR RESERVE 443,306 443,306 443,306 443,306
OFFICERS TRAINING
CORPS..............
250 SPECIALIZED SKILL 1,099,556 1,099,556 1,099,556 1,099,556
TRAINING...........
260 FLIGHT TRAINING..... 1,130,627 1,130,627 1,130,627 1,130,627
270 PROFESSIONAL 191,683 191,683 191,683 191,683
DEVELOPMENT
EDUCATION..........
280 TRAINING SUPPORT.... 652,095 652,095 652,095 652,095
290 RECRUITING AND 507,510 507,510 507,510 507,510
ADVERTISING........
300 EXAMINING........... 156,964 156,964 156,964 156,964
310 OFF-DUTY AND 244,343 244,343 244,343 244,343
VOLUNTARY EDUCATION
320 CIVILIAN EDUCATION 212,477 212,477 212,477 212,477
AND TRAINING.......
330 JUNIOR ROTC......... 182,691 182,691 182,691 182,691
SUBTOTAL 5,058,610 5,058,610 5,058,610 5,058,610
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
350 SERVICEWIDE 601,331 601,331 601,331 601,331
TRANSPORTATION.....
360 CENTRAL SUPPLY 741,324 741,324 741,324 741,324
ACTIVITIES.........
370 LOGISTIC SUPPORT 610,136 610,136 610,136 610,136
ACTIVITIES.........
380 AMMUNITION 478,707 478,707 478,707 478,707
MANAGEMENT.........
390 ADMINISTRATION...... 556,307 556,307 539,107 556,307
GFEBS [-17,200]
realignment per
Army request....
400 SERVICEWIDE 1,547,925 1,547,925 1,547,925 1,547,925
COMMUNICATIONS.....
410 MANPOWER MANAGEMENT. 362,205 362,205 362,205 -24,000 338,205
Army-Identified [-24,000]
Excess for
Civilian
Personnel
Resources
Support.........
420 OTHER PERSONNEL 220,754 220,754 220,754 220,754
SUPPORT............
430 OTHER SERVICE 1,153,556 1,150,509 1,145,456 -3,047 1,150,509
SUPPORT............
Army Museum [-3,047] [-8,100] [-3,047]
Funding (Early
to need)........
440 ARMY CLAIMS 250,970 250,970 250,970 250,970
ACTIVITIES.........
450 REAL ESTATE 222,351 222,351 222,351 222,351
MANAGEMENT.........
460 BASE OPERATIONS 222,379 222,379 222,379 222,379
SUPPORT............
470 SUPPORT OF NATO 459,710 459,710 459,710 459,710
OPERATIONS.........
480 MISC. SUPPORT OF 25,637 25,637 25,637 25,637
OTHER NATIONS......
490 CLASSIFIED PROGRAMS. 1,052,595 1,052,595 1,052,595 1,052,595
SUBTOTAL ADMIN & 8,505,887 8,502,840 8,480,587 -27,047 8,478,840
SRVWIDE
ACTIVITIES......
UNDISTRIBUTED
ADJUSTMENTS
500 UNDISTRIBUTED -350,700 -120,000 -266,600 -266,600
ADJUSTMENTS........
Army Medical [5,000]
Evacuation
Paramedic
Certification
Training........
Excess Working [-146,600]
Capital Fund
Carry Over......
Historical [-289,200] [-120,000] [-120,000]
unobligated
balances........
Overestimate of [-66,500]
Foreign Currency
Fluctuation
Costs...........
SUBTOTAL -350,700 -120,000 -266,600 -266,600
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 36,608,592 36,453,445 36,511,692 -127,047 36,481,545
& MAINTENANCE,
ARMY...........
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 4,918,144 4,927,144 4,918,144 9,000 4,927,144
FLIGHT OPERATIONS..
Cruiser [9,000] [9,000]
Retention.......
020 FLEET AIR TRAINING.. 1,886,825 1,886,825 1,886,825 1,886,825
030 AVIATION TECHNICAL 44,032 44,032 44,032 44,032
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 101,565 101,565 101,565 101,565
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 374,827 374,827 374,827 374,827
060 AIRCRAFT DEPOT 960,802 960,802 960,802 960,802
MAINTENANCE........
070 AIRCRAFT DEPOT 37,545 37,545 37,545 37,545
OPERATIONS SUPPORT.
080 AVIATION LOGISTICS.. 328,805 328,805 328,805 328,805
090 MISSION AND OTHER 4,686,535 4,711,185 4,686,535 24,650 4,711,185
SHIP OPERATIONS....
Cruiser [24,650] [24,650]
Retention.......
100 SHIP OPERATIONS 769,204 769,204 769,204 769,204
SUPPORT & TRAINING.
110 SHIP DEPOT 5,089,981 5,157,944 5,089,981 67,963 5,157,944
MAINTENANCE........
Cruiser [67,963] [67,963]
Retention.......
120 SHIP DEPOT 1,315,366 1,329,237 1,315,366 13,871 1,329,237
OPERATIONS SUPPORT.
Cruiser [13,871] [13,871]
Retention.......
130 COMBAT 619,909 619,909 619,909 619,909
COMMUNICATIONS.....
140 ELECTRONIC WARFARE.. 92,364 92,364 92,364 92,364
150 SPACE SYSTEMS AND 174,437 174,437 174,437 174,437
SURVEILLANCE.......
160 WARFARE TACTICS..... 441,035 441,035 441,035 441,035
170 OPERATIONAL 333,554 333,554 333,554 333,554
METEOROLOGY AND
OCEANOGRAPHY.......
180 COMBAT SUPPORT 910,087 910,087 910,087 910,087
FORCES.............
190 EQUIPMENT 167,158 167,158 167,158 167,158
MAINTENANCE........
200 DEPOT OPERATIONS 4,183 4,183 4,183 4,183
SUPPORT............
210 COMBATANT COMMANDERS 95,528 95,528 95,528 95,528
CORE OPERATIONS....
220 COMBATANT COMMANDERS 204,569 204,569 204,569 204,569
DIRECT MISSION
SUPPORT............
230 CRUISE MISSILE...... 111,884 111,884 111,884 111,884
240 FLEET BALLISTIC 1,181,038 1,181,038 1,181,038 1,181,038
MISSILE............
250 IN-SERVICE WEAPONS 87,606 87,606 87,606 87,606
SYSTEMS SUPPORT....
260 WEAPONS MAINTENANCE. 519,583 519,583 519,583 519,583
270 OTHER WEAPON SYSTEMS 300,435 300,435 300,435 300,435
SUPPORT............
280 ENTERPRISE 1,077,924 1,077,924 1,077,924 1,077,924
INFORMATION........
290 SUSTAINMENT, 2,101,279 2,155,879 2,101,279 54,600 2,155,879
RESTORATION AND
MODERNIZATION......
Restoration and [54,600] [54,600]
Modernization of
Facilities......
300 BASE OPERATING 4,822,093 4,822,093 4,822,093 4,822,093
SUPPORT............
SUBTOTAL 33,758,297 33,928,381 33,758,297 170,084 33,928,381
OPERATING FORCES
MOBILIZATION
310 SHIP PREPOSITIONING 334,659 334,659 334,659 334,659
AND SURGE..........
320 AIRCRAFT ACTIVATIONS/ 6,562 6,562 6,562 6,562
INACTIVATIONS......
330 SHIP ACTIVATIONS/ 1,066,329 587,329 1,066,329 -9,000 1,057,329
INACTIVATIONS......
Cruiser [-9,000] [-9,000]
Retention.......
Fiscal year 2013 [-470,000]
portion of USS
ENTERPRISE
Inactivation
Costs...........
340 EXPEDITIONARY HEALTH 83,901 83,901 83,901 83,901
SERVICES SYSTEMS...
350 INDUSTRIAL READINESS 2,695 2,695 2,695 2,695
360 COAST GUARD SUPPORT. 23,502 23,502 23,502 23,502
SUBTOTAL 1,517,648 1,038,648 1,517,648 -9,000 1,508,648
MOBILIZATION....
TRAINING AND
RECRUITING
370 OFFICER ACQUISITION. 147,807 147,807 147,807 147,807
380 RECRUIT TRAINING.... 10,473 10,473 10,473 10,473
390 RESERVE OFFICERS 139,220 139,220 139,220 139,220
TRAINING CORPS.....
400 SPECIALIZED SKILL 582,177 582,177 582,177 582,177
TRAINING...........
410 FLIGHT TRAINING..... 5,456 5,456 5,456 5,456
420 PROFESSIONAL 170,746 170,746 170,746 170,746
DEVELOPMENT
EDUCATION..........
430 TRAINING SUPPORT.... 153,403 153,403 153,403 153,403
440 RECRUITING AND 241,329 242,267 241,329 938 242,267
ADVERTISING........
Naval Sea Cadet [938] [938]
Corps...........
450 OFF-DUTY AND 108,226 108,226 108,226 108,226
VOLUNTARY EDUCATION
460 CIVILIAN EDUCATION 105,776 105,776 105,776 105,776
AND TRAINING.......
470 JUNIOR ROTC......... 51,817 51,817 51,817 51,817
SUBTOTAL 1,716,430 1,717,368 1,716,430 938 1,717,368
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
480 ADMINISTRATION...... 797,177 797,177 797,177 797,177
490 EXTERNAL RELATIONS.. 12,872 12,872 12,872 12,872
500 CIVILIAN MANPOWER 120,181 120,181 120,181 120,181
AND PERSONNEL
MANAGEMENT.........
510 MILITARY MANPOWER 235,753 235,753 235,753 235,753
AND PERSONNEL
MANAGEMENT.........
520 OTHER PERSONNEL 263,060 263,060 263,060 263,060
SUPPORT............
530 SERVICEWIDE 363,213 363,213 363,213 363,213
COMMUNICATIONS.....
550 SERVICEWIDE 182,343 182,343 182,343 182,343
TRANSPORTATION.....
570 PLANNING, 282,464 282,464 282,464 282,464
ENGINEERING AND
DESIGN.............
580 ACQUISITION AND 1,092,123 1,092,123 1,092,123 1,092,123
PROGRAM MANAGEMENT.
590 HULL, MECHANICAL AND 53,560 53,560 53,560 53,560
ELECTRICAL SUPPORT.
600 COMBAT/WEAPONS 25,299 25,299 25,299 25,299
SYSTEMS............
610 SPACE AND ELECTRONIC 64,418 64,418 64,418 64,418
WARFARE SYSTEMS....
620 NAVAL INVESTIGATIVE 580,042 580,042 580,042 580,042
SERVICE............
680 INTERNATIONAL 4,984 4,984 4,984 4,984
HEADQUARTERS AND
AGENCIES...........
710 CLASSIFIED PROGRAMS. 537,079 537,079 537,079 537,079
SUBTOTAL ADMIN & 4,614,568 4,614,568 4,614,568 4,614,568
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
720 UNDISTRIBUTED -166,400 -23,000 -23,000 -23,000
ADJUSTMENTS........
Historical [-166,400] [-23,000] [-23,000]
unobligated
balances........
SUBTOTAL -166,400 -23,000 -23,000 -23,000
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 41,606,943 41,132,565 41,583,943 139,022 41,745,965
& MAINTENANCE,
NAVY...........
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 788,055 788,055 788,055 788,055
020 FIELD LOGISTICS..... 762,614 762,614 762,614 762,614
030 DEPOT MAINTENANCE... 168,447 168,447 168,447 168,447
040 MARITIME 100,374 100,374 100,374 100,374
PREPOSITIONING.....
050 SUSTAINMENT, 825,039 847,839 825,039 22,800 847,839
RESTORATION &
MODERNIZATION......
Restoration and [22,800] [22,800]
Modernization of
Facilities......
060 BASE OPERATING 2,188,883 2,188,883 2,188,883 2,188,883
SUPPORT............
SUBTOTAL 4,833,412 4,856,212 4,833,412 22,800 4,856,212
OPERATING FORCES
TRAINING AND
RECRUITING
070 RECRUIT TRAINING.... 18,251 18,251 18,251 18,251
080 OFFICER ACQUISITION. 869 869 869 869
090 SPECIALIZED SKILL 80,914 80,914 80,914 80,914
TRAINING...........
100 PROFESSIONAL 42,744 42,744 42,744 42,744
DEVELOPMENT
EDUCATION..........
110 TRAINING SUPPORT.... 292,150 292,150 292,150 292,150
120 RECRUITING AND 168,609 178,609 168,609 168,609
ADVERTISING........
Recruiting and [10,000]
advertising.....
130 OFF-DUTY AND 56,865 56,865 56,865 56,865
VOLUNTARY EDUCATION
140 JUNIOR ROTC......... 19,912 19,912 19,912 19,912
SUBTOTAL 680,314 690,314 680,314 680,314
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 39,962 39,962 39,962 39,962
TRANSPORTATION.....
170 ACQUISITION AND 83,404 83,404 83,404 83,404
PROGRAM MANAGEMENT.
190 CLASSIFIED PROGRAMS. 346,071 346,071 346,071 346,071
SUBTOTAL ADMIN & 469,437 469,437 469,437 469,437
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
200 UNDISTRIBUTED -23,900 0
ADJUSTMENTS........
Historical [-23,900]
unobligated
balances........
SUBTOTAL -23,900 0
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 5,983,163 5,992,063 5,983,163 22,800 6,005,963
& MAINTENANCE,
MARINE CORPS...
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 2,973,141 2,973,141 2,973,141 2,973,141
FORCES.............
020 COMBAT ENHANCEMENT 1,611,032 1,744,032 1,611,032 133,000 1,744,032
FORCES.............
Global Hawk [133,000] [133,000]
Block 30........
030 AIR OPERATIONS 1,472,806 1,472,806 1,472,806 1,472,806
TRAINING (OJT,
MAINTAIN SKILLS)...
040 DEPOT MAINTENANCE... 5,545,470 5,545,470 5,545,470 5,545,470
050 FACILITIES 1,353,987 1,569,487 1,353,987 135,399 1,489,386
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restoration and [215,500] [135,399]
Modernization of
Facilities......
060 BASE SUPPORT........ 2,595,032 2,595,032 2,595,032 2,595,032
070 GLOBAL C3I AND EARLY 957,040 957,040 957,040 957,040
WARNING............
080 OTHER COMBAT OPS SPT 916,200 916,200 916,200 916,200
PROGRAMS...........
100 TACTICAL INTEL AND 733,716 733,716 733,716 733,716
OTHER SPECIAL
ACTIVITIES.........
110 LAUNCH FACILITIES... 314,490 314,490 314,490 314,490
120 SPACE CONTROL 488,762 488,762 488,762 488,762
SYSTEMS............
130 COMBATANT COMMANDERS 862,979 862,979 862,979 -12,000 850,979
DIRECT MISSION
SUPPORT............
Joint Forces [-12,000]
Command
restructuring...
140 COMBATANT COMMANDERS 222,429 222,429 222,429 222,429
CORE OPERATIONS....
SUBTOTAL 20,047,084 20,395,584 20,047,084 256,399 20,303,483
OPERATING FORCES
MOBILIZATION
150 AIRLIFT OPERATIONS.. 1,785,379 1,785,379 1,785,379 1,785,379
160 MOBILIZATION 154,049 154,049 154,049 154,049
PREPAREDNESS.......
170 DEPOT MAINTENANCE... 1,477,396 1,477,396 1,477,396 1,477,396
180 FACILITIES 309,699 309,699 309,699 309,699
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
190 BASE SUPPORT........ 707,574 707,574 707,574 707,574
SUBTOTAL 4,434,097 4,434,097 4,434,097 4,434,097
MOBILIZATION....
TRAINING AND
RECRUITING
200 OFFICER ACQUISITION. 115,427 115,427 115,427 115,427
210 RECRUIT TRAINING.... 17,619 17,619 17,619 17,619
220 RESERVE OFFICERS 92,949 92,949 92,949 92,949
TRAINING CORPS
(ROTC).............
230 FACILITIES 336,433 336,433 336,433 336,433
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
240 BASE SUPPORT........ 842,441 842,441 842,441 842,441
250 SPECIALIZED SKILL 482,634 482,634 482,634 482,634
TRAINING...........
260 FLIGHT TRAINING..... 750,609 750,609 750,609 750,609
270 PROFESSIONAL 235,114 235,114 235,114 235,114
DEVELOPMENT
EDUCATION..........
280 TRAINING SUPPORT.... 101,231 101,231 101,231 101,231
290 DEPOT MAINTENANCE... 233,330 233,330 233,330 233,330
310 RECRUITING AND 130,217 130,217 130,217 130,217
ADVERTISING........
320 EXAMINING........... 2,738 2,738 2,738 2,738
330 OFF-DUTY AND 155,170 155,170 155,170 155,170
VOLUNTARY EDUCATION
340 CIVILIAN EDUCATION 175,147 175,147 175,147 175,147
AND TRAINING.......
350 JUNIOR ROTC......... 74,809 74,809 74,809 74,809
SUBTOTAL 3,745,868 3,745,868 3,745,868 3,745,868
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
360 LOGISTICS OPERATIONS 1,029,734 1,029,734 1,029,734 1,029,734
370 TECHNICAL SUPPORT 913,843 913,843 913,843 913,843
ACTIVITIES.........
390 FACILITIES 303,610 303,610 303,610 303,610
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
400 BASE SUPPORT........ 1,266,800 1,266,800 1,266,800 1,266,800
410 ADMINISTRATION...... 587,654 587,654 587,654 587,654
420 SERVICEWIDE 667,910 667,910 667,910 667,910
COMMUNICATIONS.....
430 OTHER SERVICEWIDE 1,094,509 1,094,509 1,094,509 1,094,509
ACTIVITIES.........
440 CIVIL AIR PATROL.... 23,904 23,904 23,904 23,904
470 INTERNATIONAL 81,307 81,307 81,307 81,307
SUPPORT............
480 CLASSIFIED PROGRAMS. 1,239,040 1,239,040 1,239,040 1,239,040
SUBTOTAL ADMIN & 7,208,311 7,208,311 7,208,311 7,208,311
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
490 UNDISTRIBUTED -43,700 -32,000 -32,000 -32,000
ADJUSTMENTS........
Historical [-141,700] [-32,000] [-32,000]
unobligated
balances........
Overestimate of [-32,000]
Foreign Currency
Fluctuation
Costs...........
Retain Air Force [130,000]
Force Structure.
SUBTOTAL -43,700 -32,000 -32,000 -32,000
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 35,435,360 35,740,160 35,403,360 224,399 35,659,759
& MAINTENANCE,
AIR FORCE......
OPERATION &
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 485,708 485,708 485,708 485,708
STAFF..............
020 SPECIAL OPERATIONS 5,091,001 5,107,501 5,091,001 5,091,001
COMMAND............
Transfer from [5,091,001] [5,091,001] [5,091,001]
line 025........
USSOCOM UFR..... [16,500]
025 CLASSIFIED PROGRAMS. 5,091,001 -5,091,001 0
Transfer to Line [-5,091,001] [-5,091,001] [-5,091,001]
020.............
SUBTOTAL 5,576,709 5,576,709 5,593,209 5,576,709
OPERATING FORCES
TRAINING AND
RECRUITING
030 DEFENSE ACQUISITION 147,210 144,710 147,210 147,210
UNIVERSITY.........
Program decrease [-2,500]
040 NATIONAL DEFENSE 84,999 82,499 84,999 84,999
UNIVERSITY.........
Program decrease [-2,500]
SUBTOTAL 232,209 227,209 232,209 232,209
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
050 CIVIL MILITARY 161,294 161,294 161,294 161,294
PROGRAMS...........
080 DEFENSE CONTRACT 573,973 573,973 573,973 573,973
AUDIT AGENCY.......
090 DEFENSE CONTRACT 1,293,196 1,293,196 1,293,196 1,293,196
MANAGEMENT AGENCY..
100 DEFENSE FINANCE AND 17,513 17,513 17,513 17,513
ACCOUNTING SERVICE.
110 DEFENSE HUMAN 676,186 676,186 676,186 676,186
RESOURCES ACTIVITY.
120 DEFENSE INFORMATION 1,346,847 1,346,847 1,346,847 1,346,847
SYSTEMS AGENCY.....
140 DEFENSE LEGAL 35,137 35,137 35,137 35,137
SERVICES AGENCY....
150 DEFENSE LOGISTICS 431,893 431,893 431,893 431,893
AGENCY.............
160 DEFENSE MEDIA 224,013 224,013 224,013 224,013
ACTIVITY...........
170 DEFENSE POW/MIA 21,964 21,964 21,964 21,964
OFFICE.............
180 DEFENSE SECURITY 557,917 557,917 540,317 557,917
COOPERATION AGENCY.
Defense Security [-2,600]
Assessment......
Global Train and [-15,000]
Equip Program...
190 DEFENSE SECURITY 506,662 506,662 506,662 506,662
SERVICE............
Transfer from [506,662] [506,662] [506,662]
Line 280........
200 DEFENSE TECHNOLOGY 35,319 35,319 35,319 35,319
SECURITY
ADMINISTRATION.....
210 DEFENSE THREAT 443,382 443,382 443,382 443,382
REDUCTION AGENCY...
Transfer from [443,382] [443,382] [443,382]
Line 280........
220 DEPARTMENT OF 2,744,971 2,744,971 2,744,971 2,744,971
DEFENSE EDUCATION
ACTIVITY...........
230 MISSILE DEFENSE 259,975 259,975 259,975 259,975
AGENCY.............
250 OFFICE OF ECONOMIC 253,437 253,437 114,037 253,437
ADJUSTMENT.........
Decrease for [-139,400]
ahead of need
request.........
260 OFFICE OF THE 2,095,362 2,125,362 2,095,362 10,000 2,105,362
SECRETARY OF
DEFENSE............
Advancing [5,000]
Diversity and EO
Office of Net [10,000] [10,000]
Assessment......
Program decrease [-10,000]
Readiness [25,000]
Environmental
Protection
Initiative......
270 WASHINGTON 521,297 521,297 521,297 521,297
HEADQUARTERS
SERVICE............
280 CLASSIFIED PROGRAMS. 14,933,801 14,045,757 14,158,757 -900,044 14,033,757
Additional ISR [50,000] [50,000]
Support to
Operation
Observant
Compass.........
Commercial [125,000]
imagery service
level agreement.
Program increase [62,000]
Transfer to Line [-506,662] [-506,662] [-506,662]
190.............
Transfer to Line [-443,382] [-443,382] [-443,382]
210.............
SUBTOTAL ADMIN & 26,184,095 26,276,095 26,202,095 60,000 26,244,095
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
290 UNDISTRIBUTED -107,700 5,000 35,000 35,000
ADJUSTMENTS........
DOD Impact Aid.. [30,000] [30,000]
Historical [-128,000] [-25,000]
unobligated
balances........
Impact aid for [5,000] [5,000]
children with
severe
disabilities....
Impact aid for [25,000]
schools with
military
dependent
students........
Overestimate of [-9,700]
Foreign Currency
Fluctuation
Costs...........
SUBTOTAL -107,700 5,000 35,000 35,000
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 31,993,013 31,972,313 32,032,513 95,000 32,088,013
& MAINTENANCE,
DEFENSE-WIDE...
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MANEUVER UNITS...... 1,391 1,391 1,391 1,391
020 MODULAR SUPPORT 20,889 20,889 20,889 20,889
BRIGADES...........
030 ECHELONS ABOVE 592,724 592,724 592,724 592,724
BRIGADE............
040 THEATER LEVEL ASSETS 114,983 114,983 114,983 114,983
050 LAND FORCES 633,091 633,091 633,091 633,091
OPERATIONS SUPPORT.
060 AVIATION ASSETS..... 76,823 76,823 76,823 76,823
070 FORCE READINESS 481,997 481,997 481,997 481,997
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 70,118 70,118 70,118 70,118
READINESS..........
090 LAND FORCES DEPOT 141,205 141,205 141,205 141,205
MAINTENANCE........
100 BASE OPERATIONS 561,878 561,878 561,878 561,878
SUPPORT............
110 FACILITIES 287,399 308,099 287,399 20,700 308,099
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restoration and [20,700] [20,700]
Modernization of
Facilities......
120 MANAGEMENT AND 52,431 52,431 52,431 52,431
OPERATIONAL HQ'S...
SUBTOTAL 3,034,929 3,055,629 3,034,929 20,700 3,055,629
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
140 SERVICEWIDE 12,995 12,995 12,995 12,995
TRANSPORTATION.....
150 ADMINISTRATION...... 32,432 32,432 32,432 32,432
160 SERVICEWIDE 4,895 4,895 4,895 4,895
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 16,074 16,074 16,074 -4,500 11,574
Unjustified [-4,500]
growth for
civilian
personnel.......
180 RECRUITING AND 60,683 60,683 60,683 60,683
ADVERTISING........
SUBTOTAL ADMIN & 127,079 127,079 127,079 -4,500 122,579
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
190 UNDISTRIBUTED 1,100 0
ADJUSTMENTS........
Army Medical [5,000]
Evacuation
Paramedic
Certification
Training........
Deny request of [-3,900]
increase for
technicians.....
SUBTOTAL 1,100 0
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 3,162,008 3,183,808 3,162,008 16,200 3,178,208
& MAINTENANCE,
ARMY RES.......
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 616,776 616,776 616,776 616,776
FLIGHT OPERATIONS..
020 INTERMEDIATE 15,076 15,076 15,076 15,076
MAINTENANCE........
030 AIR OPERATIONS AND 1,479 1,479 1,479 1,479
SAFETY SUPPORT.....
040 AIRCRAFT DEPOT 107,251 107,251 107,251 107,251
MAINTENANCE........
050 AIRCRAFT DEPOT 355 355 355 355
OPERATIONS SUPPORT.
060 MISSION AND OTHER 82,186 82,186 82,186 82,186
SHIP OPERATIONS....
070 SHIP OPERATIONS 589 589 589 589
SUPPORT & TRAINING.
080 SHIP DEPOT 48,593 48,593 48,593 48,593
MAINTENANCE........
090 COMBAT 15,274 15,274 15,274 15,274
COMMUNICATIONS.....
100 COMBAT SUPPORT 124,917 124,917 124,917 124,917
FORCES.............
110 WEAPONS MAINTENANCE. 1,978 1,978 1,978 1,978
120 ENTERPRISE 43,699 43,699 43,699 43,699
INFORMATION........
130 SUSTAINMENT, 60,646 60,646 60,646 60,646
RESTORATION AND
MODERNIZATION......
140 BASE OPERATING 105,227 105,227 105,227 105,227
SUPPORT............
SUBTOTAL 1,224,046 1,224,046 1,224,046 1,224,046
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
150 ADMINISTRATION...... 3,117 3,117 3,117 3,117
160 MILITARY MANPOWER 14,337 14,337 14,337 14,337
AND PERSONNEL
MANAGEMENT.........
170 SERVICEWIDE 2,392 2,392 2,392 2,392
COMMUNICATIONS.....
180 ACQUISITION AND 3,090 3,090 3,090 3,090
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 22,936 22,936 22,936 22,936
SRVWD ACTIVITIES
TOTAL OPERATION 1,246,982 1,246,982 1,246,982 1,246,982
& MAINTENANCE,
NAVY RES.......
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 89,690 89,690 89,690 89,690
020 DEPOT MAINTENANCE... 16,735 16,735 16,735 16,735
030 SUSTAINMENT, 37,913 37,913 37,913 37,913
RESTORATION AND
MODERNIZATION......
040 BASE OPERATING 103,746 103,746 103,746 103,746
SUPPORT............
SUBTOTAL 248,084 248,084 248,084 248,084
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
050 SERVICEWIDE 873 873 873 873
TRANSPORTATION.....
060 ADMINISTRATION...... 14,330 14,330 14,330 14,330
070 RECRUITING AND 8,998 8,998 8,998 8,998
ADVERTISING........
SUBTOTAL ADMIN & 24,201 24,201 24,201 24,201
SRVWD ACTIVITIES
TOTAL OPERATION 272,285 272,285 272,285 272,285
& MAINTENANCE,
MC RESERVE.....
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 2,089,326 2,089,326 2,089,326 2,089,326
FORCES.............
020 MISSION SUPPORT 112,992 112,992 112,992 112,992
OPERATIONS.........
030 DEPOT MAINTENANCE... 406,101 406,101 406,101 406,101
040 FACILITIES 71,564 78,264 71,564 6,700 78,264
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restoration and [6,700] [6,700]
Modernization of
Facilities......
050 BASE SUPPORT........ 364,862 364,862 364,862 364,862
SUBTOTAL 3,044,845 3,051,545 3,044,845 6,700 3,051,545
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
060 ADMINISTRATION...... 78,824 78,824 78,824 78,824
070 RECRUITING AND 16,020 16,020 16,020 16,020
ADVERTISING........
080 MILITARY MANPOWER 19,496 19,496 19,496 19,496
AND PERS MGMT
(ARPC).............
090 OTHER PERS SUPPORT 6,489 6,489 6,489 6,489
(DISABILITY COMP)..
100 AUDIOVISUAL......... 808 808 808 808
SUBTOTAL ADMIN & 121,637 121,637 121,637 121,637
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
110 UNDISTRIBUTED 161,617 33,900 33,900
ADJUSTMENTS........
Retain Air Force [161,617] [33,900]
Reserve Force
Structure.......
SUBTOTAL 161,617 33,900 33,900
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 3,166,482 3,334,799 3,166,482 40,600 3,207,082
& MAINTENANCE,
AF RESERVE.....
OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS...... 680,206 680,206 680,206 680,206
020 MODULAR SUPPORT 186,408 186,408 186,408 186,408
BRIGADES...........
030 ECHELONS ABOVE 865,628 865,628 865,628 865,628
BRIGADE............
040 THEATER LEVEL ASSETS 112,651 112,651 112,651 112,651
050 LAND FORCES 36,091 36,091 36,091 36,091
OPERATIONS SUPPORT.
060 AVIATION ASSETS..... 907,011 907,011 907,011 907,011
070 FORCE READINESS 751,606 751,606 751,606 751,606
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 60,043 60,043 60,043 60,043
READINESS..........
090 LAND FORCES DEPOT 411,940 411,940 411,940 411,940
MAINTENANCE........
100 BASE OPERATIONS 995,423 995,423 995,423 995,423
SUPPORT............
110 FACILITIES 688,189 737,589 688,189 49,400 737,589
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restoration and [49,400] [49,400]
Modernization of
Facilities......
120 MANAGEMENT AND 953,716 953,716 953,716 953,716
OPERATIONAL HQ'S...
SUBTOTAL 6,648,912 6,698,312 6,648,912 49,400 6,698,312
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
130 SERVICEWIDE 11,806 11,806 11,806 11,806
TRANSPORTATION.....
140 REAL ESTATE 1,656 1,656 1,656 1,656
MANAGEMENT.........
150 ADMINISTRATION...... 89,358 89,358 89,358 89,358
160 SERVICEWIDE 39,513 39,513 39,513 39,513
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 7,224 7,224 7,224 7,224
180 RECRUITING AND 310,143 310,143 310,143 310,143
ADVERTISING........
SUBTOTAL ADMIN & 459,700 459,700 459,700 459,700
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
190 UNDISTRIBUTED -79,700 0
ADJUSTMENTS........
Army Medical [5,000]
Evacuation
Paramedic
Certification
Training........
Deny request of [-95,000]
increase for
technicians.....
Retain Army [10,300]
National Guard
Force Structure.
SUBTOTAL -79,700 0
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 7,108,612 7,078,312 7,108,612 49,400 7,158,012
& MAINTENANCE,
ARNG...........
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 3,559,824 3,563,329 3,559,824 3,559,824
Aerospace [3,505]
Control Alert...
020 MISSION SUPPORT 721,225 721,225 721,225 721,225
OPERATIONS.........
030 DEPOT MAINTENANCE... 774,875 774,875 774,875 774,875
040 FACILITIES 270,709 295,409 270,709 24,700 295,409
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restoration and [24,700] [24,700]
Modernization of
Facilities......
050 BASE SUPPORT........ 624,443 624,443 624,443 624,443
SUBTOTAL 5,951,076 5,979,281 5,951,076 24,700 5,975,776
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
060 ADMINISTRATION...... 32,358 32,358 32,358 32,358
070 RECRUITING AND 32,021 32,021 32,021 32,021
ADVERTISING........
SUBTOTAL ADMIN & 64,379 64,379 64,379 64,379
SRVWD ACTIVITIES
UNDISTRIBUTED
ADJUSTMENTS
080 UNDISTRIBUTED 286,800 145,400 145,400
ADJUSTMENTS........
Retain Air [286,800] [145,400]
National Guard
Force Structure.
SUBTOTAL 286,800 145,400 145,400
UNDISTRIBUTED
ADJUSTMENTS.....
TOTAL OPERATION 6,015,455 6,330,460 6,015,455 170,100 6,185,555
& MAINTENANCE,
ANG............
MISCELLANEOUS
APPROPRIATIONS
MISCELLANEOUS
APPROPRIATIONS
020 OVERSEAS 108,759 108,759 108,759 108,759
HUMANITARIAN,
DISASTER AND CIVIC
AID................
030 COOPERATIVE THREAT 519,111 519,111 519,111 519,111
REDUCTION..........
040 ACQ WORKFORCE DEV FD 274,198 274,198 274,198 274,198
050 ENVIRONMENTAL 335,921 335,921 335,921 335,921
RESTORATION, ARMY..
SUBTOTAL 1,237,989 1,237,989 1,237,989 1,237,989
MISCELLANEOUS
APPROPRIATIONS..
MISCELLANEOUS
APPROPRIATIONS
060 ENVIRONMENTAL 310,594 310,594 310,594 310,594
RESTORATION, NAVY..
SUBTOTAL 310,594 310,594 310,594 310,594
MISCELLANEOUS
APPROPRIATIONS..
MISCELLANEOUS
APPROPRIATIONS
070 ENVIRONMENTAL 529,263 529,263 529,263 529,263
RESTORATION, AIR
FORCE..............
SUBTOTAL 529,263 529,263 529,263 529,263
MISCELLANEOUS
APPROPRIATIONS..
MISCELLANEOUS
APPROPRIATIONS
010 US COURT OF APPEALS 13,516 13,516 13,516 13,516
FOR THE ARMED
FORCES, DEFENSE....
080 ENVIRONMENTAL 11,133 11,133 11,133 11,133
RESTORATION,
DEFENSE............
SUBTOTAL 24,649 24,649 24,649 24,649
MISCELLANEOUS
APPROPRIATIONS..
MISCELLANEOUS
APPROPRIATIONS
090 ENVIRONMENTAL 237,543 237,543 237,543 237,543
RESTORATION
FORMERLY USED SITES
SUBTOTAL 237,543 237,543 237,543 237,543
MISCELLANEOUS
APPROPRIATIONS..
TOTAL 2,340,038 2,340,038 2,340,038 2,340,038
MISCELLANEOUS
APPROPRIATIONS.
UNDISTRIBUTED
GENERAL PROVISIONS
UNDISTRIBUTED
GENERAL PROVISIONS
010 UNDISTRIBUTED -45,000 0
GENERAL PROVISIONS.
Undistributed [-45,000]
reduction to
Title III.......
SUBTOTAL -45,000 0
UNDISTRIBUTED
GENERAL
PROVISIONS......
TOTAL -45,000 0
UNDISTRIBUTED
GENERAL
PROVISIONS.....
TOTAL OPERATION 174,938,933 175,077,230 174,781,533 630,474 175,569,407
& MAINTENANCE..
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
040 THEATER LEVEL ASSETS....... 2,758,162 2,758,162 2,758,162 2,758,162
050 LAND FORCES OPERATIONS 991,396 991,396 991,396 991,396
SUPPORT...................
060 AVIATION ASSETS............ 40,300 40,300 40,300 40,300
070 FORCE READINESS OPERATIONS 1,755,445 1,755,445 1,755,445 1,755,445
SUPPORT...................
080 LAND FORCES SYSTEMS 307,244 307,244 307,244 307,244
READINESS.................
100 BASE OPERATIONS SUPPORT.... 393,165 393,165 393,165 393,165
110 FACILITIES SUSTAINMENT, 250,000 250,000 250,000 250,000
RESTORATION &
MODERNIZATION.............
140 ADDITIONAL ACTIVITIES...... 12,524,137 12,395,137 12,475,737 -10,000 12,514,137
Task Force for [-129,000] [-10,000]
Stability Operations:
Operations/Sustainment
Request................
YMQ-18A unmanned aerial [-48,400]
vehicle................
150 COMMANDERS EMERGENCY 400,000 200,000 200,000 -200,000 200,000
RESPONSE PROGRAM..........
Historical [-200,000] [-200,000] [-200,000]
underexecution.........
160 RESET...................... 3,687,973 3,437,973 3,687,973 3,687,973
Unexecutible depot- [-250,000]
level maintenance......
SUBTOTAL OPERATING 23,107,822 22,528,822 22,859,422 -210,000 22,897,822
FORCES.................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION. 3,238,310 3,238,310 3,238,310 3,238,310
360 CENTRAL SUPPLY ACTIVITIES.. 129,000 129,000 129,000 129,000
380 AMMUNITION MANAGEMENT...... 78,022 78,022 78,022 78,022
420 OTHER PERSONNEL SUPPORT.... 137,277 137,277 97,277 -40,000 97,277
Transfer to OPA OCO [-40,000] [-40,000]
Line 061 at SOUTHCOM
request................
430 OTHER SERVICE SUPPORT...... 72,293 72,293 72,293 72,293
490 CLASSIFIED PROGRAMS........ 1,828,717 1,828,717 1,828,717 1,828,717
SUBTOTAL ADMIN & 5,483,619 5,483,619 5,443,619 -40,000 5,443,619
SRVWIDE ACTIVITIES.....
UNDISTRIBUTED ADJUSTMENTS
500 UNDISTRIBUTED ADJUSTMENTS.. -179,700
Historical unobligated [-179,700]
balances...............
SUBTOTAL UNDISTRIBUTED -179,700
ADJUSTMENTS............
TOTAL OPERATION & 28,591,441 27,832,741 28,303,041 -250,000 28,341,441
MAINTENANCE, ARMY.....
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 937,098 937,098 937,098 937,098
OPERATIONS................
030 AVIATION TECHNICAL DATA & 1,000 1,000 1,000 1,000
ENGINEERING SERVICES......
040 AIR OPERATIONS AND SAFETY 15,794 15,794 15,794 15,794
SUPPORT...................
050 AIR SYSTEMS SUPPORT........ 19,013 19,013 19,013 19,013
060 AIRCRAFT DEPOT MAINTENANCE. 201,912 201,912 201,912 201,912
070 AIRCRAFT DEPOT OPERATIONS 3,000 3,000 3,000 3,000
SUPPORT...................
080 AVIATION LOGISTICS......... 44,150 44,150 44,150 44,150
090 MISSION AND OTHER SHIP 463,738 463,738 463,738 463,738
OPERATIONS................
100 SHIP OPERATIONS SUPPORT & 24,774 24,774 24,774 24,774
TRAINING..................
110 SHIP DEPOT MAINTENANCE..... 1,310,010 1,310,010 1,310,010 1,310,010
130 COMBAT COMMUNICATIONS...... 42,965 42,965 42,965 42,965
160 WARFARE TACTICS............ 25,970 25,970 25,970 25,970
170 OPERATIONAL METEOROLOGY AND 19,226 19,226 19,226 19,226
OCEANOGRAPHY..............
180 COMBAT SUPPORT FORCES...... 1,668,359 1,668,359 1,668,359 1,668,359
190 EQUIPMENT MAINTENANCE...... 7,954 7,954 7,954 7,954
250 IN-SERVICE WEAPONS SYSTEMS 94,655 94,655 94,655 94,655
SUPPORT...................
260 WEAPONS MAINTENANCE........ 303,087 303,087 303,087 303,087
290 SUSTAINMENT, RESTORATION 3,218 3,218 3,218 3,218
AND MODERNIZATION.........
300 BASE OPERATING SUPPORT..... 143,442 143,442 143,442 143,442
SUBTOTAL OPERATING 5,329,365 5,329,365 5,329,365 5,329,365
FORCES.................
MOBILIZATION
340 EXPEDITIONARY HEALTH 31,395 31,395 31,395 31,395
SERVICES SYSTEMS..........
360 COAST GUARD SUPPORT........ 254,461 254,461 254,461 254,461
SUBTOTAL MOBILIZATION.. 285,856 285,856 285,856 285,856
TRAINING AND RECRUITING
400 SPECIALIZED SKILL TRAINING. 50,903 50,903 50,903 50,903
SUBTOTAL TRAINING AND 50,903 50,903 50,903 50,903
RECRUITING.............
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION............. 1,377 1,377 1,377 1,377
490 EXTERNAL RELATIONS......... 487 487 487 487
510 MILITARY MANPOWER AND 6,022 6,022 6,022 6,022
PERSONNEL MANAGEMENT......
520 OTHER PERSONNEL SUPPORT.... 3,514 3,514 3,514 3,514
550 SERVICEWIDE TRANSPORTATION. 184,864 184,864 184,864 184,864
580 ACQUISITION AND PROGRAM 2,026 2,026 2,026 2,026
MANAGEMENT................
620 NAVAL INVESTIGATIVE SERVICE 1,425 1,425 1,425 1,425
710 CLASSIFIED PROGRAMS........ 14,556 14,556 14,556 14,556
SUBTOTAL ADMIN & SRVWD 214,271 214,271 214,271 214,271
ACTIVITIES.............
UNDISTRIBUTED ADJUSTMENTS
720 UNDISTRIBUTED ADJUSTMENTS.. -22,100
Historical unobligated [-22,100]
balances...............
SUBTOTAL UNDISTRIBUTED -22,100
ADJUSTMENTS............
TOTAL OPERATION & 5,880,395 5,858,295 5,880,395 5,880,395
MAINTENANCE, NAVY.....
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES......... 1,921,258 1,921,258 1,921,258 1,921,258
020 FIELD LOGISTICS............ 1,094,028 1,094,028 1,094,028 1,094,028
030 DEPOT MAINTENANCE.......... 222,824 222,824 222,824 222,824
060 BASE OPERATING SUPPORT..... 88,690 88,690 88,690 88,690
SUBTOTAL OPERATING 3,326,800 3,326,800 3,326,800 3,326,800
FORCES.................
TRAINING AND RECRUITING
110 TRAINING SUPPORT........... 215,212 215,212 215,212 215,212
SUBTOTAL TRAINING AND 215,212 215,212 215,212 215,212
RECRUITING.............
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION. 512,627 512,627 512,627 512,627
190 CLASSIFIED PROGRAMS........ 11,701 11,701 11,701 11,701
SUBTOTAL ADMIN & SRVWD 524,328 524,328 524,328 524,328
ACTIVITIES.............
UNDISTRIBUTED ADJUSTMENTS
200 UNDISTRIBUTED ADJUSTMENTS.. -15,600
Historical unobligated [-15,600]
balances...............
SUBTOTAL UNDISTRIBUTED -15,600
ADJUSTMENTS............
TOTAL OPERATION & 4,066,340 4,050,740 4,066,340 4,066,340
MAINTENANCE, MARINE
CORPS.................
OPERATION & MAINTENANCE,
AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES...... 1,494,144 1,494,144 1,494,144 1,494,144
020 COMBAT ENHANCEMENT FORCES.. 809,531 809,531 809,531 809,531
030 AIR OPERATIONS TRAINING 13,095 13,095 13,095 13,095
(OJT, MAINTAIN SKILLS)....
040 DEPOT MAINTENANCE.......... 1,403,238 1,403,238 1,403,238 1,403,238
050 FACILITIES SUSTAINMENT, 155,954 155,954 155,954 155,954
RESTORATION &
MODERNIZATION.............
060 BASE SUPPORT............... 342,226 342,226 342,226 342,226
070 GLOBAL C3I AND EARLY 15,108 15,108 15,108 15,108
WARNING...................
080 OTHER COMBAT OPS SPT 271,390 271,390 271,390 271,390
PROGRAMS..................
100 TACTICAL INTEL AND OTHER 25,400 25,400 25,400 25,400
SPECIAL ACTIVITIES........
120 SPACE CONTROL SYSTEMS...... 5,110 5,110 5,110 5,110
130 COMBATANT COMMANDERS DIRECT 52,173 52,173 52,173 52,173
MISSION SUPPORT...........
SUBTOTAL OPERATING 4,587,369 4,587,369 4,587,369 4,587,369
FORCES.................
MOBILIZATION
150 AIRLIFT OPERATIONS......... 3,187,211 3,187,211 3,187,211 3,187,211
160 MOBILIZATION PREPAREDNESS.. 43,509 43,509 43,509 43,509
170 DEPOT MAINTENANCE.......... 554,943 554,943 554,943 554,943
180 FACILITIES SUSTAINMENT, 4,431 4,431 4,431 4,431
RESTORATION &
MODERNIZATION.............
190 BASE SUPPORT............... 9,256 9,256 9,256 9,256
SUBTOTAL MOBILIZATION.. 3,799,350 3,799,350 3,799,350 3,799,350
TRAINING AND RECRUITING
230 FACILITIES SUSTAINMENT, 424 424 424 424
RESTORATION &
MODERNIZATION.............
240 BASE SUPPORT............... 1,036 1,036 1,036 1,036
250 SPECIALIZED SKILL TRAINING. 10,923 10,923 10,923 10,923
260 FLIGHT TRAINING............ 72 72 72 72
270 PROFESSIONAL DEVELOPMENT 323 323 323 323
EDUCATION.................
280 TRAINING SUPPORT........... 352 352 352 352
SUBTOTAL TRAINING AND 13,130 13,130 13,130 13,130
RECRUITING.............
ADMIN & SRVWD ACTIVITIES
360 LOGISTICS OPERATIONS....... 100,429 100,429 100,429 100,429
390 FACILITIES SUSTAINMENT, 47,200 47,200 47,200 47,200
RESTORATION &
MODERNIZATION.............
400 BASE SUPPORT............... 7,242 7,242 7,242 7,242
410 ADMINISTRATION............. 1,552 1,552 1,552 1,552
420 SERVICEWIDE COMMUNICATIONS. 82,094 82,094 82,094 82,094
430 OTHER SERVICEWIDE 582,977 582,977 582,977 582,977
ACTIVITIES................
480 CLASSIFIED PROGRAMS........ 20,270 20,270 20,270 20,270
SUBTOTAL ADMIN & SRVWD 841,764 841,764 841,764 841,764
ACTIVITIES.............
UNDISTRIBUTED ADJUSTMENTS
490 UNDISTRIBUTED ADJUSTMENTS.. -34,700
Historical unobligated [-34,700]
balances...............
SUBTOTAL UNDISTRIBUTED -34,700
ADJUSTMENTS............
TOTAL OPERATION & 9,241,613 9,206,913 9,241,613 9,241,613
MAINTENANCE, AIR FORCE
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF...... 2,000 2,000 2,000 2,000
020 SPECIAL OPERATIONS COMMAND. 2,503,060 2,503,060 2,503,060 2,503,060
SUBTOTAL OPERATING 2,505,060 2,505,060 2,505,060 2,505,060
FORCES.................
ADMIN & SRVWD ACTIVITIES
080 DEFENSE CONTRACT AUDIT 30,674 30,674 30,674 30,674
AGENCY....................
090 DEFENSE CONTRACT MANAGEMENT 69,803 69,803 69,803 69,803
AGENCY....................
110 DEFENSE HUMAN RESOURCES 3,334 3,334 3,334 3,334
ACTIVITY..................
120 DEFENSE INFORMATION SYSTEMS 152,925 152,925 152,925 152,925
AGENCY....................
140 DEFENSE LEGAL SERVICES 102,322 102,322 102,322 102,322
AGENCY....................
160 DEFENSE MEDIA ACTIVITY..... 10,823 10,823 10,823 10,823
180 DEFENSE SECURITY 2,200,000 1,550,000 2,200,000 -100,000 2,100,000
COOPERATION AGENCY........
Program Decrease-- [-650,000] [-100,000]
Coalition Support Funds
220 DEPARTMENT OF DEFENSE 139,830 139,830 139,830 139,830
EDUCATION ACTIVITY........
260 OFFICE OF THE SECRETARY OF 87,805 87,805 87,805 87,805
DEFENSE...................
280 CLASSIFIED PROGRAMS........ 2,522,003 2,522,003 2,522,003 2,522,003
SUBTOTAL ADMIN & SRVWD 5,319,519 4,669,519 5,319,519 -100,000 5,219,519
ACTIVITIES.............
UNDISTRIBUTED ADJUSTMENTS
290 UNDISTRIBUTED ADJUSTMENTS.. -29,300
Historical unobligated [-29,300]
balances...............
SUBTOTAL UNDISTRIBUTED -29,300
ADJUSTMENTS............
TOTAL OPERATION & 7,824,579 7,145,279 7,824,579 -100,000 7,724,579
MAINTENANCE, DEFENSE-
WIDE..................
OPERATION & MAINTENANCE,
ARMY RES
OPERATING FORCES
030 ECHELONS ABOVE BRIGADE..... 78,600 78,600 78,600 78,600
050 LAND FORCES OPERATIONS 20,811 20,811 20,811 20,811
SUPPORT...................
070 FORCE READINESS OPERATIONS 20,726 20,726 20,726 20,726
SUPPORT...................
100 BASE OPERATIONS SUPPORT.... 34,400 34,400 34,400 34,400
SUBTOTAL OPERATING 154,537 154,537 154,537 154,537
FORCES.................
TOTAL OPERATION & 154,537 154,537 154,537 154,537
MAINTENANCE, ARMY RES.
OPERATION & MAINTENANCE,
NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 24,834 24,834 24,834 24,834
OPERATIONS................
020 INTERMEDIATE MAINTENANCE... 300 300 300 300
040 AIRCRAFT DEPOT MAINTENANCE. 13,364 13,364 13,364 13,364
060 MISSION AND OTHER SHIP 8,213 8,213 8,213 8,213
OPERATIONS................
080 SHIP DEPOT MAINTENANCE..... 929 929 929 929
100 COMBAT SUPPORT FORCES...... 8,244 8,244 8,244 8,244
140 BASE OPERATING SUPPORT..... 40 40 40 40
SUBTOTAL OPERATING 55,924 55,924 55,924 55,924
FORCES.................
TOTAL OPERATION & 55,924 55,924 55,924 55,924
MAINTENANCE, NAVY RES.
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES........... 22,657 22,657 22,657 22,657
040 BASE OPERATING SUPPORT..... 2,820 2,820 2,820 2,820
SUBTOTAL OPERATING 25,477 25,477 25,477 25,477
FORCES.................
TOTAL OPERATION & 25,477 25,477 25,477 25,477
MAINTENANCE, MC
RESERVE...............
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES...... 7,600 7,600 7,600 7,600
030 DEPOT MAINTENANCE.......... 106,768 106,768 106,768 106,768
050 BASE SUPPORT............... 6,250 6,250 6,250 6,250
SUBTOTAL OPERATING 120,618 120,618 120,618 120,618
FORCES.................
TOTAL OPERATION & 120,618 120,618 120,618 120,618
MAINTENANCE, AF
RESERVE...............
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010 MANEUVER UNITS............. 38,485 38,485 38,485 38,485
020 MODULAR SUPPORT BRIGADES... 1,959 1,959 1,959 1,959
030 ECHELONS ABOVE BRIGADE..... 20,076 20,076 20,076 20,076
040 THEATER LEVEL ASSETS....... 2,028 2,028 2,028 2,028
060 AVIATION ASSETS............ 183,811 183,811 183,811 183,811
070 FORCE READINESS OPERATIONS 43,780 43,780 43,780 43,780
SUPPORT...................
100 BASE OPERATIONS SUPPORT.... 70,237 70,237 70,237 70,237
120 MANAGEMENT AND OPERATIONAL 20,072 20,072 20,072 20,072
HQ'S......................
SUBTOTAL OPERATING 380,448 380,448 380,448 380,448
FORCES.................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE COMMUNICATIONS. 2,000 2,000 2,000 2,000
SUBTOTAL ADMIN & SRVWD 2,000 2,000 2,000 2,000
ACTIVITIES.............
TOTAL OPERATION & 382,448 382,448 382,448 382,448
MAINTENANCE, ARNG.....
OPERATION & MAINTENANCE,
ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS. 19,975 19,975 19,975 19,975
SUBTOTAL OPERATING 19,975 19,975 19,975 19,975
FORCES.................
TOTAL OPERATION & 19,975 19,975 19,975 19,975
MAINTENANCE, ANG......
AFGHANISTAN SECURITY FORCES
FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT................ 2,523,825 2,523,825 2,523,825 2,523,825
020 INFRASTRUCTURE............. 190,000 190,000 190,000 190,000
030 EQUIPMENT AND 241,521 241,521 241,521 241,521
TRANSPORTATION............
040 TRAINING AND OPERATIONS.... 758,380 758,380 758,380 758,380
SUBTOTAL MINISTRY OF 3,713,726 3,713,726 3,713,726 3,713,726
DEFENSE................
MINISTRY OF INTERIOR
050 SUSTAINMENT................ 1,305,950 1,305,950 1,305,950 1,305,950
060 INFRASTRUCTURE............. 50,000 50,000 50,000 50,000
070 EQUIPMENT AND 84,859 84,859 84,859 84,859
TRANSPORTATION............
080 TRAINING AND OPERATIONS.... 569,868 569,868 569,868 569,868
SUBTOTAL MINISTRY OF 2,010,677 2,010,677 2,010,677 2,010,677
INTERIOR...............
RELATED ACTIVITIES
090 SUSTAINMENT................ 18,325 18,325 18,325 18,325
100 INFRASTRUCTUE.............. 1,200 1,200 1,200 1,200
110 EQUIPMENT & TRANSPORTATION. 1,239 1,239 1,239 1,239
120 TRAINING AND OPERATIONS.... 4,000 4,000 4,000 4,000
SUBTOTAL RELATED 24,764 24,764 24,764 24,764
ACTIVITIES.............
TOTAL AFGHANISTAN 5,749,167 5,749,167 5,749,167 5,749,167
SECURITY FORCES FUND..
AFGHANISTAN INFRASTRUCTURE
FUND
AFGHANISTAN INFRASTRUCTURE
FUND
010 POWER...................... 400,000 375,000 350,000 -50,000 350,000
Program Decrease....... [-25,000] [-50,000] [-50,000]
SUBTOTAL AFGHANISTAN 400,000 375,000 350,000 -50,000 350,000
INFRASTRUCTURE FUND....
TOTAL AFGHANISTAN 400,000 375,000 350,000 -50,000 350,000
INFRASTRUCTURE FUND...
TOTAL OPERATION & 62,512,514 60,977,114 62,174,114 -400,000 62,112,514
MAINTENANCE...........
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL.......... 135,111,799 135,726,855 135,117,799 646,479 135,777,368
USMC military personnel [131,730] [129,729]
in lieu of LAV funding.
Retain Global Hawk..... [22,200] [22,000]
Restore accrual [672,000] [672,000]
payments to the
Medicare eligible
health care trust fund.
Unobligated balances... [-352,000] [-295,250]
Army medical evacuation [2,000]
paramedic certification
training...............
Reserve Components [2,000]
administrative absence
(Section 604)..........
Basic allowance for [6,000] [6,000] [6,000]
housing for members of
the National Guard
(Section 603)..........
Non-medical attendant [2,000]
travel (Section 621)...
Retain 128 Air National [8,300] [8,300]
Guard AGRs for two air
sovereignty alert
locations..............
Retain Air National [70,826] [86,600]
Guard Force Structure..
Retain Air Force Force [30,000]
Structure..............
Retain Air Force [20,000] [17,100]
Reserve Force Structure
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL.......... 14,060,094 14,060,094 14,060,094 -5,000 14,055,094
Navy identified excess [-5,000]
to requirement.........
----------------------------------------------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE 60,037 60,037 60,037 60,037
STOCKS.....................
TOTAL WORKING CAPITAL 60,037 60,037 60,037 60,037
FUND, ARMY...........
WORKING CAPITAL FUND, AIR
FORCE
CONTAINER DECONSOLIDATION
SUPPLIES AND MATERIALS 45,452 45,452 45,452 45,452
(MEDICAL/DENTAL)...........
TOTAL WORKING CAPITAL 45,452 45,452 45,452 45,452
FUND, AIR FORCE......
WORKING CAPITAL FUND,
DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY 39,135 39,135 39,135 39,135
(DLA)......................
TOTAL WORKING CAPITAL 39,135 39,135 39,135 39,135
FUND, DEFENSE-WIDE...
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.. 1,371,560 1,371,560 1,371,560 1,371,560
TOTAL WORKING CAPITAL 1,371,560 1,371,560 1,371,560 1,371,560
FUND, DECA...........
NATIONAL DEFENSE SEALIFT
FUND
T-AKE
MPF MLP..................... 38,000 38,000 38,000 38,000
POST DELIVERY AND OUTFITTING 39,386 39,386 39,386 39,386
NATIONAL DEF SEALIFT VESSEL
LG MED SPD RO/RO MAINTENANCE 128,819 128,819 128,819 128,819
DOD MOBILIZATION ALTERATIONS 26,598 26,598 26,598 26,598
TAH MAINTENANCE............. 29,199 29,199 29,199 29,199
RESEARCH AND DEVELOPMENT.... 42,811 42,811 42,811 42,811
READY RESERVE FORCE......... 303,323 303,323 303,323 303,323
TOTAL NATIONAL 608,136 608,136 608,136 608,136
DEFENSE SEALIFT FUND.
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 8,625,507 8,625,507 8,625,507 8,625,507
PRIVATE SECTOR CARE......... 16,148,263 16,178,263 16,193,263 -360,000 15,788,263
Pilot program for [30,000] [45,000] [40,000]
treatment of Autism....
TRICARE historical [-400,000]
underexecution.........
CONSOLIDATED HEALTH SUPPORT. 2,309,185 2,309,185 2,309,185 2,309,185
INFORMATION MANAGEMENT...... 1,465,328 1,465,328 1,465,328 1,465,328
MANAGEMENT ACTIVITIES....... 332,121 332,121 332,121 332,121
EDUCATION AND TRAINING...... 722,081 722,081 722,081 722,081
BASE OPERATIONS/ 1,746,794 1,746,794 1,746,794 1,746,794
COMMUNICATIONS.............
UNDISTRIBUTED, OPERATION & 301,900 452,000 452,000 452,000
MAINTENANCE................
Foreign currency [-5,100]
flucuation.............
Overfunding in [-30,000]
electronic health
record.................
Pilot program for TBI [10,000]
and PTSD for Armed
Forces members and
veterans...............
Restore DOD assumed [452,000]
Savings for TRICARE
Proposals..............
Restore estimated [273,000] [273,000]
savings in TRICARE
Prime and Standard
enrollment fees and
deductables for TRICARE
Standard...............
Restore pharmacy co-pay [179,000] [179,000]
estimated savings......
Study on breast cancer [10,000]
among members of the
Armed Forces and
veterans...............
TRICARE rate [90,000]
adjustments............
Unobligated balances... [-225,000]
RDT&E....................... 672,977 672,977 672,977 672,977
PROCUREMENT................. 506,462 454,462 506,462 506,462
Overfunding in [-52,000]
electronic health
record.................
TOTAL DEFENSE HEALTH 32,528,718 32,808,618 33,025,718 92,000 32,620,718
PROGRAM..............
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE..... 635,843 635,843 635,843 635,843
RDT&E....................... 647,351 647,351 647,351 647,351
PROCUREMENT................. 18,592 18,592 18,592 18,592
TOTAL CHEM AGENTS & 1,301,786 1,301,786 1,301,786 1,301,786
MUNITIONS DESTRUCTION
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND 889,545 889,545 863,645 889,545
COUNTER-DRUG ACTIVITIES,
DEFENSE....................
Transfer to Demand [-25,900]
Reduction Program......
DRUG DEMAND REDUCTION 109,818 109,818 135,718 25,900 135,718
PROGRAM....................
Authorization increase [25,900] [25,900]
expanded drug testing..
TOTAL DRUG 999,363 999,363 999,363 25,900 1,025,263
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE INSPECTOR
GENERAL
OPERATION & MAINTENANCE..... 272,821 272,821 331,921 59,100 331,921
DoD IG growth plan..... [59,100] [59,100]
RDT&E
PROCUREMENT................. 1,000 1,000 1,000 1,000
TOTAL OFFICE OF THE 273,821 273,821 332,921 59,100 332,921
INSPECTOR GENERAL....
TOTAL OTHER 37,228,008 37,507,908 37,784,108 177,000 37,405,008
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE 42,600 42,600 42,600 42,600
STOCKS.....................
TOTAL WORKING CAPITAL 42,600 42,600 42,600 42,600
FUND, ARMY...........
WORKING CAPITAL FUND, AIR
FORCE
C-17 CLS ENGINE REPAIR...... 230,400 230,400 230,400 230,400
TRANSPORTATION FALLEN HEROES 10,000 10,000 10,000 10,000
TOTAL WORKING CAPITAL 240,400 240,400 240,400 240,400
FUND, AIR FORCE......
WORKING CAPITAL FUND,
DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY 220,364 220,364 220,364 220,364
(DLA)......................
TOTAL WORKING CAPITAL 220,364 220,364 220,364 220,364
FUND, DEFENSE-WIDE...
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 483,326 483,326 483,326 483,326
PRIVATE SECTOR CARE......... 376,982 376,982 376,982 376,982
CONSOLIDATED HEALTH SUPPORT. 111,675 111,675 111,675 111,675
INFORMATION MANAGEMENT...... 4,773 4,773 4,773 4,773
MANAGEMENT ACTIVITIES....... 660 660 660 660
EDUCATION AND TRAINING...... 15,370 15,370 15,370 15,370
BASE OPERATIONS/ 1,112 1,112 1,112 1,112
COMMUNICATIONS.............
TOTAL DEFENSE HEALTH 993,898 993,898 993,898 993,898
PROGRAM..............
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND 469,025 469,025 469,025 469,025
COUNTER-DRUG ACTIVITIES,
DEFENSE....................
TOTAL DRUG 469,025 469,025 469,025 469,025
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE INSPECTOR
GENERAL
OPERATION & MAINTENANCE..... 10,766 10,766 10,766 10,766
TOTAL OFFICE OF THE 10,766 10,766 10,766 10,766
INSPECTOR GENERAL....
TOTAL OTHER 1,977,053 1,977,053 1,977,053 1,977,053
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army ALASKA FORT WAINWRIGHT MODIFIED RECORD FIRE RANGE 10,400 10,400 10,400 10,400
Army ALASKA JOINT BASE ELMENDORF- MODIFIED RECORD FIRE RANGE 7,900 7,900 7,900 7,900
RICHARDSON
Army CALIFORNIA CONCORD ENGINEERING/HOUSING MAINTENANCE 3,100 3,100 3,100 3,100
SHOP
Army CALIFORNIA CONCORD LIGHTNING PROTECTION SYSTEM 5,800 5,800 5,800 5,800
Army COLORADO FORT CARSON CENTRAL ENERGY PLANT 0 0 0 0
Army COLORADO FORT CARSON DIGITAL MULTIPURPOSE TRAINING 18,000 18,000 18,000 18,000
RANGE
Army DISTRICT OF COLUMBIA FORT MCNAIR VEHICLE STORAGE BUILDING, 7,200 7,200 7,200 7,200
INSTALLATION
Army GEORGIA FORT BENNING GROUND SOURCE HEAT TRANSFER SYSTEM 16,000 16,000 16,000 16,000
Army GEORGIA FORT GORDON GROUND SOURCE HEAT TRANSFER SYSTEM 12,200 12,200 12,200 12,200
Army GEORGIA FORT GORDON MODIFIED RECORD FIRE RANGE 4,000 4,000 4,000 4,000
Army GEORGIA FORT GORDON MULTIPURPOSE MACHINE GUN RANGE 7,100 7,100 7,100 7,100
Army GEORGIA FORT STEWART AUTOMATED COMBAT PISTOL QUAL CRSE 3,650 3,650 3,650 3,650
Army GEORGIA FORT STEWART DIGITAL MULTIPURPOSE TRAINING 22,000 22,000 22,000 22,000
RANGE
Army GEORGIA FORT STEWART UNMANNED AERIAL VEHICLE COMPLEX 24,000 24,000 24,000 24,000
Army HAWAII POHAKULOA TRAINING AUTOMATED INFANTRY PLATOON BATTLE 29,000 29,000 29,000 29,000
AREA COURSE
Army HAWAII SCHOFIELD BARRACKS BARRACKS 55,000 55,000 55,000 55,000
Army HAWAII SCHOFIELD BARRACKS BARRACKS 41,000 41,000 41,000 41,000
Army HAWAII WHEELER ARMY AIR FIELD COMBAT AVIATION BRIGADE BARRACKS 85,000 85,000 85,000 85,000
Army ITALY CAMP EDERLE BARRACKS 36,000 36,000 36,000 36,000
Army ITALY VICENZA SIMULATIONS CENTER 32,000 32,000 32,000 32,000
Army JAPAN OKINAWA SATELLITE COMMUNICATIONS FACILITY 78,000 78,000 78,000 78,000
Army JAPAN SAGAMI VEHICLE MAINTENANCE SHOP 18,000 18,000 18,000 18,000
Army KANSAS FORT RILEY UNMANNED AERIAL VEHICLE COMPLEX 12,200 12,200 12,200 12,200
Army KENTUCKY FORT CAMPBELL BATTALION HEADQUARTERS COMPLEX 55,000 55,000 55,000 55,000
Army KENTUCKY FORT CAMPBELL LIVE FIRE EXERCISE SHOOTHOUSE 3,800 3,800 3,800 3,800
Army KENTUCKY FORT CAMPBELL UNMANNED AERIAL VEHICLE COMPLEX 23,000 23,000 23,000 23,000
Army KENTUCKY FORT KNOX AUTOMATED INFANTRY SQUAD BATTLE 6,000 6,000 6,000 6,000
COURSE
Army KOREA CAMP HUMPHREYS BATTALION HEADQUARTERS COMPLEX 45,000 45,000 45,000 45,000
Army KWAJALEIN ATOLL KWAJALEIN ATOLL PIER 0 0 0 0
Army MISSOURI FORT LEONARD WOOD BATTALION COMPLEX FACILITIES 26,000 26,000 26,000 26,000
Army MISSOURI FORT LEONARD WOOD TRAINEE BARRACKS COMPLEX 3, PH 2 58,000 58,000 58,000 58,000
Army MISSOURI FORT LEONARD WOOD VEHICLE MAINTENANCE SHOP 39,000 39,000 39,000 39,000
Army NEW JERSEY JOINT BASE MCGUIRE-DIX- FLIGHT EQUIPMENT COMPLEX 47,000 47,000 47,000 47,000
LAKEHURST
Army NEW JERSEY PICATINNY ARSENAL BALLISTIC EVALUATION CENTER 10,200 10,200 10,200 10,200
Army NEW YORK FORT DRUM, NEW YORK AIRCRAFT MAINTENANCE HANGAR 95,000 95,000 95,000 95,000
Army NEW YORK U.S. MILITARY ACADEMY CADET BARRACKS, INC 1 192,000 192,000 0 -106,000 86,000
Army NORTH CAROLINA FORT BRAGG AERIAL GUNNERY RANGE 42,000 42,000 42,000 42,000
Army NORTH CAROLINA FORT BRAGG INFRASTRUCTURE 30,000 30,000 0 -30,000 0
Army NORTH CAROLINA FORT BRAGG UNMANNED AERIAL VEHICLE COMPLEX 26,000 26,000 26,000 26,000
Army OKLAHOMA FORT SILL MODIFIED RECORD FIRE RANGE 4,900 4,900 4,900 4,900
Army SOUTH CAROLINA FORT JACKSON TRAINEE BARRACKS COMPLEX 2, PH 2 24,000 24,000 24,000 24,000
Army TEXAS CORPUS CHRISTI AIRCRAFT COMPONENT MAINTENANCE 13,200 13,200 13,200 13,200
SHOP
Army TEXAS CORPUS CHRISTI AIRCRAFT PAINT SHOP 24,000 24,000 24,000 24,000
Army TEXAS FORT BLISS MULTIPURPOSE MACHINE GUN RANGE 7,200 7,200 7,200 7,200
Army TEXAS FORT HOOD MODIFIED RECORD FIRE RANGE 4,200 4,200 4,200 4,200
Army TEXAS FORT HOOD TRAINING AIDS CENTER 25,000 25,000 25,000 25,000
Army TEXAS FORT HOOD UNMANNED AERIAL VEHICLE COMPLEX 22,000 22,000 22,000 22,000
Army TEXAS JOINT BASE SAN ANTONIO BARRACKS 21,000 21,000 21,000 21,000
Army VIRGINIA ARLINGTON CEMETERY EXPANSION MILLENNIUM SITE 84,000 84,000 0 -84,000 0
Army VIRGINIA FORT BELVOIR SECURE ADMIN/OPERATIONS FACILITY 94,000 94,000 94,000 94,000
Army VIRGINIA FORT LEE ADV INDIVIDUAL TRAINING BARRACKS 81,000 81,000 81,000 81,000
CPLX, PH2
Army WASHINGTON JOINT BASE LEWIS- BATTALION COMPLEX 73,000 73,000 73,000 73,000
MCCHORD
Army WASHINGTON JOINT BASE LEWIS- WASTE WATER TREATMENT PLANT 91,000 91,000 91,000 91,000
MCCHORD
Army WASHINGTON YAKIMA CONVOY LIVE FIRE RANGE 5,100 5,100 5,100 5,100
Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE HOST NATION SUPPORT FY 13 34,000 34,000 34,000 34,000
LOCATIONS
Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION FY 13 25,000 25,000 25,000 25,000
LOCATIONS
Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN FY13 65,173 65,173 46,173 -19,000 46,173
LOCATIONS
Total Military Construction, Army 1,923,323 1,923,323 1,598,323 -239,000 1,684,323
........................ ...................... ..................................
Navy ARIZONA YUMA COMBAT AIRCRAFT LOADING APRON 15,985 15,985 15,985 15,985
Navy ARIZONA YUMA SECURITY OPERATIONS COMPLEX 13,300 13,300 13,300 13,300
Navy BAHRAIN ISLAND SW ASIA COMBINED DINING FACILITY 9,819 0 9,819 9,819
Navy BAHRAIN ISLAND SW ASIA TRANSIENT QUARTERS 41,529 0 41,529 41,529
Navy CALIFORNIA CAMP PENDLETON COMM. INFORMATION SYSTEMS OPS 78,897 78,897 78,897 78,897
COMPLEX
Navy CALIFORNIA CAMP PENDLETON MV22 AVIATION SIMULATOR BUILDING 4,139 4,139 4,139 4,139
Navy CALIFORNIA CAMP PENDLETON SAN JACINTO ROAD EXTENSION 5,074 5,074 5,074 5,074
Navy CALIFORNIA CORONADO BACHELOR QUARTERS 76,063 76,063 76,063 76,063
Navy CALIFORNIA CORONADO H-60S SIMULATOR TRAINING FACILITY 2,478 2,478 2,478 2,478
Navy CALIFORNIA LEMOORE BAMS MAINTENANCE TRAINING FACILITY 14,843 0 0 -14,843 0
Navy CALIFORNIA MIRAMAR HANGAR 5 RENOVATIONS & ADDITION 27,897 27,897 27,897 27,897
Navy CALIFORNIA POINT MUGU BAMS MAINTENANCE TRAINING FACILITY 0 12,790 12,790 12,790 12,790
Navy CALIFORNIA SAN DIEGO ENTRY CONTROL POINT (GATE FIVE) 11,752 11,752 11,752 11,752
Navy CALIFORNIA SAN DIEGO LCS TRAINING FACILITY 59,436 59,436 59,436 59,436
Navy CALIFORNIA SEAL BEACH STRATEGIC SYSTEMS WEAPONS EVAL. 30,594 30,594 30,594 30,594
TEST LAB
Navy CALIFORNIA TWENTYNINE PALMS LAND EXPANSION PHASE 2 47,270 47,270 47,270 47,270
Navy DIEGO GARCIA DIEGO GARCIA COMMUNICATIONS INFRASTRUCTURE 1,691 1,691 1,691 1,691
Navy DJIBOUTI CAMP LEMONNIER CONTAINERIZED LIVING AND WORK 7,510 0 7,510 -7,510 0
UNITS
Navy DJIBOUTI CAMP LEMONNIER FITNESS CENTER 26,960 0 26,960 -26,960 0
Navy DJIBOUTI CAMP LEMONNIER GALLEY ADDITION AND WAREHOUSE 22,220 0 22,220 -22,220 0
Navy DJIBOUTI CAMP LEMONNIER JOINT HQ/JOINT OPERATIONS CENTER 42,730 0 42,730 -42,730 0
FACILITY
Navy FLORIDA JACKSONVILLE BAMS MISSION CONTROL COMPLEX 21,980 21,980 21,980 21,980
Navy GREECE SOUDA BAY AIRCRAFT PARKING APRON EXPANSION 20,493 20,493 20,493 20,493
Navy GREECE SOUDA BAY INTERMODAL ACCESS ROAD 4,630 4,630 4,630 4,630
Navy GUAM JOINT REGION MARIANAS NORTH RAMP PARKING (ANDERSEN AFB)-- 25,904 25,904 0 25,904
INC 2
Navy HAWAII KANEOHE BAY AIRCRAFT STAGING AREA 14,680 14,680 14,680 14,680
Navy HAWAII KANEOHE BAY MV-22 HANGAR AND INFRASTRUCTURE 82,630 82,630 82,630 82,630
Navy JAPAN IWAKUNI MAINTENANCE HANGAR IMPROVEMENTS 5,722 5,722 5,722 5,722
Navy JAPAN IWAKUNI VERTICAL TAKE-OFF AND LANDING PAD 7,416 7,416 7,416 7,416
NORTH
Navy JAPAN OKINAWA BACHELOR QUARTERS 8,206 8,206 8,206 8,206
Navy MISSISSIPPI MERIDIAN DINING FACILITY 10,926 10,926 10,926 10,926
Navy NEW JERSEY EARLE COMBAT SYSTEM ENGINEERING BUILDING 33,498 33,498 33,498 -828 32,670
ADDITION
Navy NORTH CAROLINA CAMP LEJEUNE BASE ACCESS AND ROAD--PHASE 3 40,904 40,904 40,904 40,904
Navy NORTH CAROLINA CAMP LEJEUNE STAFF NCO ACADEMY FACILITIES 28,986 28,986 28,986 28,986
Navy NORTH CAROLINA CHERRY POINT MARINE ARMORY 11,581 11,581 11,581 11,581
CORPS AIR STATION
Navy NORTH CAROLINA CHERRY POINT MARINE MARINE AIR SUPPORT SQUADRON 34,310 34,310 34,310 34,310
CORPS AIR STATION COMPOUND
Navy NORTH CAROLINA NEW RIVER PERSONNEL ADMINISTRATION CENTER 8,525 8,525 8,525 8,525
Navy ROMANIA DEVESELU, ROMANIA AEGIS ASHORE MISSILE DEFENSE 45,205 45,205 45,205 45,205
COMPLEX
Navy SOUTH CAROLINA BEAUFORT AIRCRAFT MAINTENANCE HANGAR 42,010 42,010 42,010 42,010
Navy SOUTH CAROLINA BEAUFORT AIRFIELD SECURITY UPGRADES 13,675 13,675 13,675 13,675
Navy SOUTH CAROLINA BEAUFORT GROUND SUPPORT EQUIPMENT SHOP 9,465 9,465 9,465 9,465
Navy SOUTH CAROLINA BEAUFORT RECYCLING/HAZARDOUS WASTE FACILITY 3,743 3,743 3,743 3,743
Navy SOUTH CAROLINA BEAUFORT SIMULATED LHD FLIGHT DECK 12,887 12,887 12,887 12,887
Navy SOUTH CAROLINA PARRIS ISLAND FRONT GATE ATFP IMPROVEMENTS 10,135 10,135 10,135 10,135
Navy SPAIN ROTA GENERAL PURPOSE WAREHOUSE 3,378 3,378 3,378 3,378
Navy SPAIN ROTA HIGH EXPLOSIVE MAGAZINE 13,837 13,837 13,837 13,837
Navy VIRGINIA DAHLGREN CRUISER/DESTROYER UPGRADE TRAINING 16,494 16,494 16,494 16,494
FACILITY
Navy VIRGINIA DAHLGREN PHYSICAL FITNESS CENTER 11,734 11,734 11,734 11,734
Navy VIRGINIA OCEANA NAVAL AIR A SCHOOL BARRACKS 39,086 39,086 39,086 39,086
STATION
Navy VIRGINIA PORTSMOUTH DRYDOCK 8 ELECTRICAL DISTRIBUTION 32,706 32,706 32,706 32,706
UPGRADE
Navy VIRGINIA QUANTICO INFRASTRUTURE--WIDEN RUSSELL ROAD 14,826 14,826 14,826 14,826
Navy VIRGINIA QUANTICO THE BASIC SCHOOL STUDENT QUARTERS-- 31,012 31,012 31,012 31,012
PHASE 7
Navy VIRGINIA QUANTICO WEAPONS TRAINING BATTALION MESS 12,876 12,876 12,876 12,876
HALL
Navy VIRGINIA YORKTOWN ARMORY 4,259 4,259 4,259 4,259
Navy VIRGINIA YORKTOWN BACHELOR ENLISTED QUARTERS 18,422 18,422 18,422 18,422
Navy VIRGINIA YORKTOWN MOTOR TRANSPORTATION FACILITY 6,188 6,188 6,188 6,188
Navy VIRGINIA YORKTOWN REGIMENTAL HEADQUARTERS 11,015 11,015 11,015 11,015
Navy VIRGINIA YORKTOWN SUPPLY WAREHOUSE FACILITY 8,939 8,939 8,939 8,939
Navy WASHINGTON KITSAP EXPLOSIVES HANDLING WHARF #2 (INC) 280,041 280,041 254,241 -25,800 254,241
Navy WASHINGTON WHIDBEY ISLAND EA-18G FLIGHT SIMULATOR FACILITY 6,272 6,272 6,272 6,272
Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MCON DESIGN FUNDS 102,619 102,619 102,619 102,619
LOCATIONS
Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 16,535 16,535 16,535 16,535
LOCATIONS
Navy WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE BAMS OPERATIONAL FACILITIES 34,048 34,048 34,048 34,048
LOCATIONS
Total Military Construction, Navy 1,701,985 1,549,164 1,648,228 -128,101 1,573,884
........................ ...................... ..................................
AF ARKANSAS LITTLE ROCK AFB C-130J FLIGHT SIMULATOR ADDITION 4,178 4,178 4,178 4,178
AF ARKANSAS LITTLE ROCK AFB C-130J FUEL SYSTEMS MAINTENANCE 26,000 26,000 26,000 26,000
HANGAR
AF FLORIDA TYNDALL AFB F-22 ADAL HANGAR FOR LOW 14,750 14,750 14,750 14,750
OBSERVABLE/COMPOSITE
AF GEORGIA FORT STEWART, GEORGIA AIR SUPPORT OPERATIONS CENTER 7,250 7,250 7,250 7,250
(ASOC)
AF GEORGIA MOODY AFB HC-130J SIMULATOR FACILITY 8,500 8,500 8,500 8,500
AF GREENLAND THULE AB CONSOLIDATED ENGINEER SHOP AND 0 0 0 0
SUPPLY FACILITY
AF GREENLAND THULE AB DORMITORY (48 PN) 24,500 24,500 24,500 24,500
AF GUAM ANDERSEN AFB FUEL SYSTEMS HANGAR 0 0 0 0
AF ITALY AVIANO AB F-16 MISSION TRAINING CENTER 9,400 9,400 9,400 9,400
AF NEBRASKA OFFUTT AFB US STRATCOM REPLACEMENT FACILITY, 161,000 161,000 128,000 -33,000 128,000
INCR 2
AF NEW MEXICO HOLLOMAN AFB MQ-9 MAINTENANCE HANGAR 25,000 25,000 25,000 25,000
AF NORTH DAKOTA MINOT AFB B-52 ADD/ALTER MUNITIONS AGE 4,600 4,600 4,600 4,600
FACILITY
AF TEXAS JOINT BASE SAN ANTONIO DORMITORY (144 RM) 18,000 18,000 18,000 18,000
AF UTAH HILL AFB F-35 ADAL BUILDING 118 FOR FLIGHT 4,000 4,000 4,000 4,000
SIMULATOR
AF UTAH HILL AFB F-35 ADAL HANGAR 45W/AMU 7,250 7,250 7,250 7,250
AF UTAH HILL AFB F-35 MODULAR STORAGE MAGAZINES 2,280 2,280 2,280 2,280
AF WORLDWIDE UNSPECIFIED LAJES AFB SANITARY SEWER LIFT/PUMP STATION 2,000 2,000 2,000 2,000
AF WORLDWIDE UNSPECIFIED ROTA TRANSIENT AIRCRAFT HANGARS 15,032 15,032 0 -15,032 0
AF WORLDWIDE UNSPECIFIED ROTA TRANSIENT CONTINGENCY DORMITORY-- 17,625 17,625 0 -17,625 0
100 RM
AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 18,635 18,635 18,635 18,635
LOCATIONS
AF WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 18,200 18,200 18,200 18,200
LOCATIONS
Total Military Construction, Air Force 388,200 388,200 322,543 -65,657 322,543
........................ ...................... ..................................
Def-Wide ARIZONA MARANA SOF PARACHUTE TRAINING FACILITY 6,477 6,477 6,477 6,477
Def-Wide ARIZONA YUMA TRUCK UNLOAD FACILITY 1,300 1,300 1,300 1,300
Def-Wide BELGIUM BRUSSELS NATO HEADQUARTERS FACILITY 26,969 26,969 26,969 26,969
Def-Wide CALIFORNIA CORONADO SOF CLOSE QUARTERS COMBAT/DYNAMIC 13,969 13,969 13,969 13,969
SHOOT FAC
Def-Wide CALIFORNIA CORONADO SOF INDOOR DYNAMIC SHOOTING 31,170 31,170 31,170 31,170
FACILITY
Def-Wide CALIFORNIA CORONADO SOF MOBILE COMM DETACHMENT SUPPORT 10,120 10,120 10,120 10,120
FACILITY
Def-Wide CALIFORNIA DEF FUEL SUPPORT REPLACE FUEL PIER 91,563 91,563 91,563 91,563
POINT--SAN DIEGO
Def-Wide CALIFORNIA EDWARDS AIR FORCE BASE REPLACE FUEL STORAGE 27,500 27,500 27,500 27,500
Def-Wide CALIFORNIA TWENTYNINE PALMS, MEDICAL CLINIC REPLACEMENT 27,400 27,400 27,400 27,400
CALIFORNIA
Def-Wide COLORADO BUCKLEY AIR FORCE BASE DENVER POWER HOUSE 30,000 30,000 30,000 30,000
Def-Wide COLORADO FORT CARSON, COLORADO SOF BATTALION OPERATIONS COMPLEX 56,673 56,673 56,673 56,673
Def-Wide COLORADO PIKES PEAK HIGH ALTITUDE MEDICAL RESEARCH LAB 3,600 3,600 3,600 3,600
Def-Wide DELAWARE DOVER AFB REPLACE TRUCK OFF-LOAD FACILITY 2,000 2,000 2,000 2,000
Def-Wide FLORIDA EGLIN AFB SOF AVFID OPS AND MAINTENANCE 41,695 41,695 41,695 41,695
FACILITIES
Def-Wide FLORIDA HURLBURT FIELD CONSTRUCT FUEL STORAGE FACILITY 16,000 16,000 16,000 16,000
Def-Wide FLORIDA MACDILL AFB SOF JOINT SPECIAL OPS UNIVERSITY 34,409 34,409 34,409 34,409
FAC (JSOU)
Def-Wide GERMANY RHINE ORDNANCE MEDICAL CENTER REPLACEMENT INCR 2 127,000 127,000 127,000 127,000
BARRACKS
Def-Wide GERMANY STUTTGART-PATCH DISA EUROPE FACILITY UPGRADES 2,413 2,413 2,413 2,413
BARRACKS
Def-Wide GERMANY VOGELWEH REPLACE VOGELWEH ELEMENTARY SCHOOL 61,415 61,415 61,415 61,415
Def-Wide GERMANY WEISBADEN WEISBADEN HIGH SCHOOL ADDITION 52,178 52,178 52,178 52,178
Def-Wide GUAM ANDERSEN AFB UPGRADE FUEL PIPELINE 67,500 67,500 0 67,500
Def-Wide GUANTANAMO BAY, CUBA GUANTANAMO BAY REPLACE FUEL PIER 37,600 37,600 37,600 37,600
Def-Wide GUANTANAMO BAY, CUBA GUANTANAMO BAY REPLACE TRUCK LOAD FACILITY 2,600 2,600 2,600 2,600
Def-Wide HAWAII JOINT BASE PEARL SOF SDVT-1 WATERFRONT OPERATIONS 24,289 24,289 24,289 24,289
HARBOR-HICKAM FACILITY
Def-Wide ILLINOIS GREAT LAKES DRUG LABORATORY REPLACEMENT 28,700 28,700 28,700 28,700
Def-Wide ILLINOIS SCOTT AFB DISA FACILITY UPGRADES 84,111 84,111 84,111 84,111
Def-Wide ILLINOIS SCOTT AFB MEDICAL LOGISTICS WAREHOUSE 2,600 2,600 2,600 2,600
Def-Wide INDIANA GRISSOM ARB REPLACE HYDRANT FUEL SYSTEM 26,800 26,800 26,800 26,800
Def-Wide JAPAN CAMP ZAMA RENOVATE ZAMA HIGH SCHOOL 13,273 13,273 13,273 13,273
Def-Wide JAPAN KADENA AB REPLACE ELEMENTARY SCHOOL 71,772 71,772 71,772 71,772
Def-Wide JAPAN KADENA AB REPLACE STEARLEY HEIGHTS 71,773 71,773 71,773 71,773
ELEMENTARY SCHOOL
Def-Wide JAPAN SASEBO REPLACE SASEBO ELEMENTARY SCHOOL 35,733 35,733 35,733 35,733
Def-Wide JAPAN ZUKERAN REPLACE ZUKERAN ELEMENTARY SCHOOL 79,036 79,036 79,036 79,036
Def-Wide KENTUCKY FORT CAMPBELL, REPLACE BARKLEY ELEMENTARY SCHOOL 41,767 41,767 41,767 41,767
KENTUCKY
Def-Wide KENTUCKY FORT CAMPBELL, SOF GROUND SUPPORT BATTALION 26,313 26,313 26,313 26,313
KENTUCKY
Def-Wide KENTUCKY FORT CAMPBELL, SOF LANDGRAF HANGAR EXTENSION 3,559 3,559 3,559 3,559
KENTUCKY
Def-Wide KOREA KUNSAN AIR BASE MEDICAL/DENTAL CLINIC ADDITION 13,000 13,000 13,000 13,000
Def-Wide KOREA OSAN AFB HOSPITAL ADDITION/ALTERATION 34,600 34,600 34,600 34,600
Def-Wide KOREA OSAN AFB REPLACE OSAN ELEMENTARY SCHOOL 42,692 42,692 42,692 42,692
Def-Wide LOUISIANA BARKSDALE AFB UPGRADE PUMPHOUSE 11,700 11,700 11,700 11,700
Def-Wide MARYLAND ANNAPOLIS HEALTH CLINIC REPLACEMENT 66,500 66,500 66,500 66,500
Def-Wide MARYLAND BETHESDA NAVAL BASE INSTALLATION ACCESS./ 7,000 7,000 0 7,000
HOSPITAL APPEARANCE PLAN
Def-Wide MARYLAND BETHESDA NAVAL ELECTRICAL CAPACITY AND COOLING 35,600 35,600 35,600 35,600
HOSPITAL TOWERS
Def-Wide MARYLAND BETHESDA NAVAL TEMPORARY MEDICAL FACILITIES 26,600 26,600 26,600 26,600
HOSPITAL
Def-Wide MARYLAND FORT DETRICK USAMRIID STAGE I, INCR 7 19,000 19,000 19,000 19,000
Def-Wide MARYLAND FORT MEADE HIGH PERFORMANCE COMPUTING CENTER 300,521 300,521 225,521 -75,000 225,521
INC 2
Def-Wide MARYLAND FORT MEADE NSAW RECAPITALIZE BUILDING #1/SITE 25,000 25,000 25,000 25,000
M INC 1
Def-Wide MISSOURI FORT LEONARD WOOD DENTAL CLINIC 18,100 18,100 18,100 18,100
Def-Wide NEW MEXICO CANNON AFB MEDICAL/DENTAL CLINIC REPALCEMENT 71,023 71,023 71,023 71,023
Def-Wide NEW MEXICO CANNON AFB SOF AC-130J COMBAT PARKING APRON 22,062 22,062 22,062 22,062
Def-Wide NEW YORK FORT DRUM, NEW YORK IDT COMPLEX 25,900 25,900 25,900 25,900
Def-Wide NEW YORK FORT DRUM, NEW YORK SOLDIER SPECIALTY CARE CLINIC 17,300 17,300 17,300 17,300
Def-Wide NORTH CAROLINA CAMP LEJEUNE, NORTH MEDICAL CLINIC REPLACEMENT 21,200 21,200 21,200 21,200
CAROLINA
Def-Wide NORTH CAROLINA CAMP LEJEUNE, NORTH SOF MARINE BATTALION COMPANY/TEAM 53,399 53,399 53,399 53,399
CAROLINA FACILITIES
Def-Wide NORTH CAROLINA CAMP LEJEUNE, NORTH SOF SURVIVAL EVASION RESIST. 5,465 5,465 5,465 5,465
CAROLINA ESCAPE TNG FAC
Def-Wide NORTH CAROLINA FORT BRAGG SOF BATTALION OPERATIONS FACILITY 40,481 40,481 50,481 30,000 70,481
Def-Wide NORTH CAROLINA FORT BRAGG SOF CIVIL AFFAIRS BATTALION 31,373 31,373 41,373 31,373
COMPLEX
Def-Wide NORTH CAROLINA FORT BRAGG SOF SUPPORT ADDITION 3,875 3,875 3,875 3,875
Def-Wide NORTH CAROLINA FORT BRAGG SOF SUSTAINMENT BRIGADE COMPLEX 24,693 24,693 34,693 24,693
Def-Wide NORTH CAROLINA SEYMOUR JOHNSON AFB MEDICAL CLINIC REPLACEMENT 53,600 53,600 53,600 53,600
Def-Wide NORTH CAROLINA SEYMOUR JOHNSON AFB REPLACE PIPELINE 1,850 1,850 1,850 1,850
Def-Wide PENNSYLVANIA DEF DISTRIBUTION DEPOT REPLACE COMMUNICATIONS BUILDING 6,800 6,800 6,800 6,800
NEW CUMBERLAND
Def-Wide PENNSYLVANIA DEF DISTRIBUTION DEPOT REPLACE RESERVOIR 4,300 4,300 4,300 4,300
NEW CUMBERLAND
Def-Wide PENNSYLVANIA DEF DISTRIBUTION DEPOT REPLACE SEWAGE TREATMENT PLANT 6,300 6,300 6,300 6,300
NEW CUMBERLAND
Def-Wide ROMANIA DEVESELU, ROMANIA AEGIS ASHORE MISSILE DEFENSE 157,900 82,900 157,900 -37,900 120,000
SYSTEM COMPLEX (INC 1)
Def-Wide SOUTH CAROLINA SHAW AFB MEDICAL CLINIC REPLACEMENT 57,200 57,200 57,200 57,200
Def-Wide TEXAS FORT BLISS HOSPITAL REPLACEMENT INCR 4 207,400 207,400 107,400 -75,000 132,400
Def-Wide TEXAS JOINT BASE SAN ANTONIO AMBULATORY CARE CENTER PHASE 3 80,700 80,700 80,700 -54,300 26,400
INCR
Def-Wide TEXAS RED RIVER ARMY DEPOT DFAS FACILITY 16,715 16,715 16,715 16,715
Def-Wide UNITED KINGDOM MENWITH HILL STATION MHS UTILITIES AND ROADS 3,795 3,795 3,795 3,795
Def-Wide UNITED KINGDOM MENWITH HILL STATION REPLACE MENWITH HILL ELEMENTARY/ 46,488 46,488 46,488 46,488
HIGH SCHOOL
Def-Wide UNITED KINGDOM RAF FELTWELL FELTWELL ELEMENTARY SCHOOL 30,811 30,811 30,811 30,811
ADDITION
Def-Wide UNITED KINGDOM RAF MILDENHALL SOF CV-22 SIMULATOR FACILITY 6,490 6,490 6,490 6,490
Def-Wide UTAH CAMP WILLIAMS IC CNCI DATA CENTER 1 INC 4 191,414 191,414 191,414 191,414
Def-Wide VIRGINIA DAM NECK SOF MAGAZINES 0 0 0 0
Def-Wide VIRGINIA JOINT EXPEDITIONARY SOF COMBAT SERVICES SUPPORT 11,132 11,132 11,132 11,132
BASE LITTLE CREEK-- FACILITY--EAST
STORY
Def-Wide VIRGINIA NORFOLK VETERINARY FACILITY REPLACEMENT 8,500 8,500 8,500 8,500
Def-Wide WASHINGTON FORT LEWIS SOF BATTALION OPERATIONS FACILITY 46,553 46,553 46,553 46,553
Def-Wide WASHINGTON FORT LEWIS SOF MILITARY WORKING DOG KENNEL 3,967 3,967 3,967 3,967
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE CONTINGENCY CONSTRUCTION 10,000 0 10,000 -10,000 0
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE ENERGY CONSERVATION INVESTMENT 150,000 150,000 150,000 150,000
LOCATIONS PROGRAM
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE EXERCISE RELATED MINOR 6,440 6,440 6,440 6,440
LOCATIONS CONSTRUCTION
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION 5,000 5,000 5,000 5,000
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING & DESIGN 5,000 5,000 5,000 5,000
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 105,700 105,700 105,700 105,700
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 47,978 47,978 47,978 47,978
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 7,928 7,928 7,928 7,928
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 105,569 105,569 105,569 105,569
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 2,919 2,919 2,919 2,919
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 8,300 8,300 8,300 8,300
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 27,620 27,620 27,620 27,620
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 4,548 4,548 4,548 4,548
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE SOF OPERATIONS AND SKILLS TRAINING 0 0 0 0
LOCATIONS COMPLEX
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONST 10,000 10,000 10,000 10,000
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 3,000 3,000
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 7,254 7,254 7,254 7,254
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 4,091 4,091 4,091 4,091
LOCATIONS
Def-Wide WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR MILCON 3,000 3,000 3,000 3,000
LOCATIONS
Total Military Construction, Defense-Wide 3,654,623 3,569,623 3,435,123 -222,200 3,432,423
........................ ...................... ..................................
Chem Demil COLORADO PUEBLO DEPOT AMMUNITION DEMILITARIZATION 36,000 36,000 36,000 36,000
FACILITY, PH XIV
Chem Demil KENTUCKY BLUE GRASS ARMY DEPOT AMMUNITION DEMILITARIZATION PH 115,000 115,000 115,000 115,000
XIII
Total Chemical Demilitarization Construction, Defense 151,000 151,000 151,000 0 151,000
........................ ...................... ..................................
NATO WORLDWIDE UNSPECIFIED NATO SECURITY NATO SECURITY INVESTMENT PROGRAM 254,163 254,163 254,163 254,163
INVESTMENT PROGRAM
Total NATO Security Investment Program 254,163 254,163 254,163 0 254,163
........................ ...................... ..................................
Army NG ALABAMA FORT MC CLELLAN LIVE FIRE SHOOT HOUSE 5,400 5,400 5,400 5,400
Army NG ARKANSAS SEARCY FIELD MAINTENANCE SHOP 6,800 6,800 6,800 6,800
Army NG CALIFORNIA FORT IRWIN MANEUVER AREA TRAINING & EQUIPMENT 25,000 25,000 25,000 25,000
SITE PH3
Army NG CONNECTICUT CAMP HARTELL COMBINED SUPPORT 32,000 32,000 32,000 32,000
MAINTENANCE SHOP
Army NG DELAWARE BETHANY BEACH REGIONAL TRAINING INSTITUTE PH1 5,500 5,500 5,500 5,500
Army NG FLORIDA CAMP BLANDING COMBINED ARMS COLLECTIVE TRAINING 9,000 9,000 9,000 9,000
FAC
Army NG FLORIDA MIRAMAR READINESS CENTER 20,000 20,000 20,000 20,000
Army NG GUAM BARRIGADA JFHQ PH4 8,500 8,500 8,500 8,500
Army NG HAWAII KAPOLEI ARMY AVIATION SUPPORT FACILITY PH1 28,000 28,000 28,000 28,000
Army NG IDAHO ORCHARD TRAINIG AREA ORTC(BARRACKS)PH2 40,000 40,000 40,000 40,000
Army NG INDIANA SOUTH BEND ARMED FORCES RESERVE CENTER ADD/ 21,000 21,000 21,000 21,000
ALT
Army NG INDIANA TERRE HAUTE FIELD MAINTENANCE SHOP 9,000 9,000 9,000 9,000
Army NG IOWA CAMP DODGE URBAN ASSAULT COURSE 3,000 3,000 3,000 3,000
Army NG KANSAS TOPEKA TAXIWAY, RAMP & HANGAR ALTERATIONS 9,500 9,500 9,500 9,500
Army NG KENTUCKY FRANKFORT ARMY AVIATION SUPPORT 32,000 32,000 32,000 32,000
FACILITY
Army NG MASSACHUSETTS CAMP EDWARDS GROUND WATER EXTRACTION, 0 0 0 0
TREATMENT, AND RECHARGE SYSTEM
Army NG MASSACHUSETTS CAMP EDWARDS UNIT TRAINING EQUIPMENT SITE 22,000 22,000 22,000 22,000
Army NG MICHIGAN CAMP GRAYLING OPERATIONAL READINESS TRAINING 0 0 0 0
COMPLEX (ORTC) BARRACKS
Army NG MINNESOTA ARDEN HILLS READINESS CENTER 0 17,000 17,000 17,000 17,000
Army NG MINNESOTA CAMP RIPLEY SCOUT RECONNAISANCE RANGE 17,000 17,000 17,000 17,000
Army NG MINNESOTA ST PAUL READINESS CENTER 17,000 0 0 -17,000 0
Army NG MISSOURI FORT LEONARD WOOD REGIONAL TRAINING INSTITUTE 18,000 18,000 18,000 18,000
Army NG MISSOURI KANSAS CITY READINESS CENTER ADD/ALT 1,900 1,900 1,900 1,900
Army NG MISSOURI MONETT READINESS CENTER ADD/ALT 820 820 820 820
Army NG MISSOURI PERRYVILLE READINESS CENTER ADD/ALT 700 700 700 700
Army NG MONTANA MILES CITY READINESS CENTER 11,000 11,000 11,000 11,000
Army NG NEW JERSEY SEA GIRT REGIONAL TRAINING INSTITUTE 34,000 34,000 34,000 34,000
Army NG NEW YORK STORMVILLE COMBINED SUPPORT MAINT SHOP PH1 24,000 24,000 24,000 24,000
Army NG OHIO CHILLICOTHE FIELD MAINTENANCE SHOP ADD/ALT 3,100 3,100 3,100 3,100
Army NG OHIO DELAWARE READINESS CENTER 12,000 12,000 12,000 12,000
Army NG OKLAHOMA CAMP GRUBER OPERATIONS READINESS TRAINING 25,000 25,000 25,000 25,000
COMPLEX
Army NG PUERTO RICO CAMP SANTIAGO READINESS CENTER 3,800 3,800 3,800 3,800
Army NG PUERTO RICO CEIBA REFILL STATION BUILDING 2,200 2,200 2,200 2,200
Army NG PUERTO RICO GUAYNABO READINESS CENTER (JFHQ) 15,000 15,000 15,000 15,000
Army NG PUERTO RICO GURABO READINESS CENTER 14,700 14,700 14,700 14,700
Army NG UTAH CAMP WILLIAMS BEQ FACILITY (REGIONAL TRAINING 15,000 15,000 15,000 15,000
INSTITUTE)
Army NG UTAH CAMP WILLIAMS REGIONAL TRAINING INSTITUTE PH2 21,000 21,000 21,000 21,000
Army NG VERMONT NORTH HYDE PARK FIELD MAINTENANCE SHOP 0 0 0 0 0
Army NG WASHINGTON FORT LEWIS READINESS CENTER 35,000 35,000 35,000 35,000
Army NG WEST VIRGINIA LOGAN READINESS CENTER 14,200 14,200 14,200 14,200
Army NG WISCONSIN WAUSAU FIELD MAINTENANCE SHOP 10,000 10,000 10,000 10,000
Army NG WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 26,622 26,622 26,622 26,622
LOCATIONS
Army NG WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 15,057 15,057 15,057 15,057
LOCATIONS
Total Military Construction, Army National Guard 613,799 613,799 613,799 0 613,799
........................ ...................... ..................................
Army Res CALIFORNIA FORT HUNTER LIGGETT ACCESS CONTROL POINT 0 0 0 0
Army Res CALIFORNIA FORT HUNTER LIGGETT ORTC 64,000 64,000 64,000 64,000
Army Res CALIFORNIA FORT HUNTER LIGGETT UPH BARRACKS 4,300 4,300 4,300 4,300
Army Res CALIFORNIA TUSTIN ARMY RESERVE CENTER 27,000 27,000 27,000 27,000
Army Res ILLINOIS FORT SHERIDAN ARMY RESERVE CENTER 28,000 28,000 28,000 28,000
Army Res MARYLAND ABERDEEN PROVING ARMY RESERVE CENTER 21,000 21,000 21,000 21,000
GROUND
Army Res MARYLAND BALTIMORE ADD/ALT ARMY RESERVE CENTER 10,000 10,000 10,000 10,000
Army Res MASSACHUSETTS DEVENS RESERVE FORCES AUTOMATIC RECORD FIRE RANGE 4,800 4,800 4,800 4,800
TRAINING AREA
Army Res MASSACHUSETTS DEVENS RESERVE FORCES COMBAT PISTOL/MP FIREARMS 3,700 3,700 3,700 3,700
TRAINING AREA QUALIFICATION
Army Res NEVADA LAS VEGAS ARMY RESERVE CENTER/AMSA 21,000 21,000 21,000 21,000
Army Res NEW JERSEY JOINT BASE MCGUIRE-DIX- AUTOMATED INFANTRY SQUAD BATTLE 7,400 7,400 7,400 7,400
LAKEHURST COURSE
Army Res PENNSYLVANIA CONNEAUT LAKE DEFENSE ACCESS ROAD 0 0 0 0
Army Res WASHINGTON JOINT BASE LEWIS- ARMY RESERVE CENTER 40,000 40,000 40,000 40,000
MCCHORD
Army Res WISCONSIN FORT MCCOY CENTRAL ISSUE FACILITY 12,200 12,200 12,200 12,200
Army Res WISCONSIN FORT MCCOY DINING FACILITY 8,600 8,600 8,600 8,600
Army Res WISCONSIN FORT MCCOY ECS TACTICAL EQUIP. MAINT. FACILTY 27,000 27,000 27,000 27,000
(TEMF)
Army Res WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 15,951 15,951 15,951 15,951
LOCATIONS
Army Res WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 10,895 10,895 10,895 10,895
LOCATIONS
Total Military Construction, Army Reserve 305,846 305,846 305,846 0 305,846
........................ ...................... ..................................
N/MC Res ARIZONA YUMA RESERVE TRAINING FACILITY--YUMA AZ 5,379 5,379 5,379 5,379
N/MC Res IOWA FORT DES MOINES JOINT RESERVE CENTER--DES MOINES 19,162 19,162 19,162 19,162
IA
N/MC Res LOUISIANA NEW ORLEANS TRANSIENT QUARTERS 7,187 7,187 7,187 7,187
N/MC Res NEW YORK BROOKLYN VEHICLE MAINT. FAC.--BROOKLYN NY 4,430 4,430 4,430 4,430
N/MC Res TEXAS FORT WORTH COMMERCIAL VEHICLE INSPECTION SITE 11,256 11,256 11,256 11,256
N/MC Res WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 2,118 2,118 2,118 2,118
LOCATIONS
Total Military Construction, Naval Reserve 49,532 49,532 49,532 0 49,532
........................ ...................... ..................................
Air NG CALIFORNIA FRESNO YOSEMITE IAP F-15 CONVERSION 11,000 11,000 11,000 11,000
ANG
Air NG HAWAII JOINT BASE PEARL TFI--F-22 COMBAT APRON ADDITION 6,500 6,500 6,500 6,500
HARBOR-HICKAM
Air NG NEW MEXICO KIRTLAND AFB ALTER TARGET INTELLIGENCE FACILITY 8,500 8,500 8,500 8,500
Air NG TENNESSEE MCGHEE-TYSON AIRPORT DORMITORY CLASSROOM FACILITY 0 0 0 0
Air NG WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE PLANNING AND DESIGN 4,000 4,000 4,000 4,000
LOCATIONS
Air NG WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION 5,900 5,900 5,900 5,900
LOCATIONS
Air NG WYOMING CHEYENNE MAP C-130 FLIGHT SIMULATOR TRAINING 6,486 6,486 6,486 6,486
FACILITY
Total Military Construction, Air National Guard 42,386 42,386 42,386 0 42,386
........................ ...................... ..................................
AF Res CALIFORNIA MARCH AIR RESERVE BASE JOINT REGIONAL DEPLOYMENT 0 0 0 0
PROCESSING CENTER
AF Res NEW YORK NIAGARA FALLS IAP FLIGHT SIMULATOR FACILITY 6,100 6,100 6,100 6,100
AF Res WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE PLANNING AND DESIGN 2,879 2,879 2,879 2,879
LOCATIONS
AF Res WORLDWIDE UNSPECIFIED VARIOUS WORLDWIDE UNSPECIFIED MINOR CONSTRUTION 2,000 2,000 2,000 2,000
LOCATIONS
Total Military Construction, Air Force Reserve 10,979 10,979 10,979 0 10,979
........................ ...................... ..................................
FH Con Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FAMILY HOUSING P&D 4,641 4,641 4,641 4,641
LOCATIONS
Total Family Housing Construction, Army 4,641 4,641 4,641 0 4,641
........................ ...................... ..................................
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 31,785 31,785 31,785 31,785
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE LEASING 203,533 203,533 203,533 203,533
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY 109,534 109,534 109,534 109,534
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT 56,970 56,970 56,970 56,970
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT 620 620 620 620
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS 26,010 26,010 26,010 26,010
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE SERVICES ACCOUNT 13,487 13,487 13,487 13,487
LOCATIONS
FH Ops Army WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT 88,112 88,112 88,112 88,112
LOCATIONS
Total Family Housing Operation And Maintenance, Army 530,051 530,051 530,051 0 530,051
........................ ...................... ..................................
FH Con AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IMPROVEMENTS 79,571 79,571 79,571 79,571
LOCATIONS
FH Con AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PLANNING AND DESIGN 4,253 4,253 4,253 4,253
LOCATIONS
Total Family Housing Construction, Air Force 83,824 83,824 83,824 0 83,824
........................ ...................... ..................................
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 37,878 37,878 37,878 37,878
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE HOUSING PRIVATIZATION 46,127 46,127 46,127 46,127
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE LEASING 62,730 62,730 62,730 62,730
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MAINTENANCE (RPMA RPMC) 201,937 201,937 201,937 201,937
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT 55,002 55,002 55,002 55,002
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT 1,943 1,943 1,943 1,943
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE SERVICES ACCOUNT 16,550 16,550 16,550 16,550
LOCATIONS
FH Ops AF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT 75,662 75,662 75,662 75,662
LOCATIONS
Total Family Housing Operation And Maintenance, Air Force 497,829 497,829 497,829 0 497,829
........................ ...................... ..................................
FH Con Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DESIGN 4,527 4,527 4,527 4,527
LOCATIONS
FH Con Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IMPROVEMENTS 97,655 97,655 97,655 97,655
LOCATIONS
Total Family Housing Construction, Navy And Marine Corps 102,182 102,182 102,182 0 102,182
........................ ...................... ..................................
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 17,697 17,697 17,697 17,697
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE LEASING 83,774 83,774 83,774 83,774
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY 85,254 85,254 85,254 85,254
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT 62,741 62,741 62,741 62,741
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT 491 491 491 491
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS 27,798 27,798 27,798 27,798
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE SERVICES ACCOUNT 19,615 19,615 19,615 19,615
LOCATIONS
FH Ops Navy WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT 80,860 80,860 80,860 80,860
LOCATIONS
Total Family Housing Operation And Maintenance, Navy And Marine Corps 378,230 378,230 378,230 0 378,230
........................ ...................... ..................................
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 20 20 20 20
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 4,660 4,660 4,660 4,660
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT 66 66 66 66
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE LEASING 10,822 10,822 10,822 10,822
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE LEASING 35,333 35,333 35,333 35,333
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY 73 73 73 73
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY 567 567 567 567
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT 371 371 371 371
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE SERVICES ACCOUNT 31 31 31 31
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT 12 12 12 12
LOCATIONS
FH Ops DW WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT 283 283 283 283
LOCATIONS
Total Family Housing Operation And Maintenance, Defense-Wide 52,238 52,238 52,238 0 52,238
........................ ...................... ..................................
FHIF WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE FAMILY HOUSING IMPROVEMENT FUND 1,786 1,786 1,786 1,786
LOCATIONS
Total DOD Family Housing Improvement Fund 1,786 1,786 1,786 0 1,786
........................ ...................... ..................................
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE COMM ADD 3: GALENA FOL, AK 1,337 1,337 1,337 1,337
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-100: PLANING, DESIGN AND 5,038 5,038 5,038 5,038
LOCATIONS MANAGEMENT
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-101: VARIOUS LOCATIONS 4,176 4,176 4,176 4,176
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-138: NAS BRUNSWICK, ME 4,897 4,897 4,897 4,897
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-157: MCSA KANSAS CITY, MO 39 39 39 39
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-168: NS NEWPORT, RI 1,742 1,742 1,742 1,742
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-172: NWS SEAL BEACH, CONCORD, 2,129 2,129 2,129 2,129
LOCATIONS CA
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE DON-84: JRB WILLOW GROVE & CAMBRIA 189 189 189 189
LOCATIONS REG AP
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IND-106: KANSAS ARMY AMMUNITION 7,280 7,280 7,280 7,280
LOCATIONS PLANT, KS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IND-110: MISSISSIPPI ARMY AMMO 160 160 160 160
LOCATIONS PLANT, MS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IND-112: RIVER BANK ARMY AMMO 22,431 22,431 22,431 22,431
LOCATIONS PLANT, CA
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IND-119: NEWPORT CHEMICAL DEPOT, 197 197 197 197
LOCATIONS IN
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE IND-122: LONE STAR ARMY AMMO 11,379 11,379 11,379 11,379
LOCATIONS PLANT, TX
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MED-2: WALTER REED NMMC, BETHESDA, 7,787 7,787 7,787 7,787
LOCATIONS MD
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE MED-57: BROOKS CITY BASE, TX 326 326 326 326
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PROGRAM MANAGEMENT VARIOUS 605 605 605 605
LOCATIONS LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE PROGRAM MANAGEMENT VARIOUS 20,453 20,453 20,453 20,453
LOCATIONS LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-113: FORT MONROE, VA 12,184 12,184 12,184 12,184
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-121: FORT GILLEM, GA 4,976 4,976 4,976 4,976
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-167: USAR COMMAND AND CONTROL-- 175 175 175 175
LOCATIONS NE
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-212: USAR CMD & CNTRL--NEW 222 222 222 222
LOCATIONS ENGLAND
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-222: FORT MCPHERSON, GA 6,772 6,772 6,772 6,772
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-223: FORT MONMOUTH, NJ 9,989 9,989 9,989 9,989
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-236: RC TRANSFORMATION IN CT 557 557 557 557
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-242: RC TRANSFORMATION IN NY 172 172 172 172
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-253: RC TRANSFORMATION IN PA 100 100 100 100
LOCATIONS
BRAC 05 WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE USA-36: RED RIVER ARMY DEPOT 1,385 1,385 1,385 1,385
LOCATIONS
Total Base Realignment and Closure Account 2005 126,697 126,697 126,697 0 126,697
........................ ...................... ..................................
BRAC IV WORLDWIDE UNSPECIFIED BASE REALIGNMENT & BASE REALIGNMENT & CLOSURE 122,552 122,552 122,552 122,552
CLOSURE, AIR FORCE
BRAC IV WORLDWIDE UNSPECIFIED BASE REALIGNMENT & BASE REALIGNMENT & CLOSURE 79,893 79,893 79,893 79,893
CLOSURE, ARMY
BRAC IV WORLDWIDE UNSPECIFIED BASE REALIGNMENT & BASE REALIGNMENT & CLOSURE 146,951 146,951 146,951 146,951
CLOSURE, NAVY
Total Base Realignment and Closure Account 1990 349,396 349,396 349,396 0 349,396
........................ ...................... ..................................
PYS WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE BRAC 2005 0 -126,697 0 -132,513 -132,513
LOCATIONS
PYS WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE CONTINGENCY CONSTRUCTION 0 -20,000 0 -20,000 -20,000
LOCATIONS
Total Prior Year Savings 0 -146,697 0 -152,513 -152,513
........................ ...................... ..................................
GR WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE CIVILIAN PAY RAISE REDUCTION 0 0 0 -2,334 -2,334
LOCATIONS
Total General Reductions 0 0 0 -2,334 -2,334
........................ ...................... ..................................
Total Military Construction, Base Funding 11,222,710 10,838,192 10,558,796 -809,805 10,412,905
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy BAHRAIN ISLAND SW ASIA COMBINED DINING FACILITY 0 9,819 0 0 0
Navy BAHRAIN ISLAND SW ASIA TRANSIENT QUARTERS 0 41,529 0 0 0
Navy DJIBOUTI CAMP LEMONIER, CONTAINERIZED LIVING AND WORK 0 7,510 0 7,510 7,510
DJIBOUTI UNITS
Navy DJIBOUTI CAMP LEMONIER, FITNESS CENTER 0 26,960 0 26,960 26,960
DJIBOUTI
Navy DJIBOUTI CAMP LEMONIER, GALLEY ADDITION AND WAREHOUSE 0 22,220 0 22,220 22,220
DJIBOUTI
Navy DJIBOUTI CAMP LEMONIER, JOINT HQ/JOINT OPERATIONS CENTER 0 42,730 0 42,730 42,730
DJIBOUTI FACILITY
Total Military Construction, Navy 0 150,768 0 99,420 99,420
........................ ...................... ..................................
PYS WORLDWIDE UNSPECIFIED UNSPECIFIED WORLDWIDE 112-10 AND TITLE IV OF DIVISION H 0 -150,768 0 -150,768 -150,768
LOCATIONS P.L. 112-74
Total Prior Year Savings 0 -150,768 0 -150,768 -150,768
........................ ...................... ..................................
Total Military Construction, OCO Funding 0 0 0 -51,348 -51,348
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
----------------------------------------------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 House Senate Conference Conference
Program Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Electricity delivery and energy 6,000 0 -6,000 -6,000 0
reliability...........................
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................... 7,577,341 323,638 25,000 80,580 7,657,921
Defense nuclear nonproliferation..... 2,458,631 27,000 0 27,000 2,485,631
Naval reactors....................... 1,088,635 99,000 37,986 0 1,088,635
Office of the administrator.......... 411,279 -48,000 -25,000 -29,279 382,000
Total, National nuclear security 11,535,886 401,638 37,986 78,301 11,614,187
administration........................
Environmental and other defense
activities:
Defense environmental cleanup........ 5,472,001 10,000 -463,000 -463,000 5,009,001
Other defense activities............. 735,702 -50,000 0 -4,403 731,299
Total, Environmental & other defense 6,207,703 -40,000 -463,000 -467,403 5,740,300
activities............................
Total, Atomic Energy Defense Activities.. 17,743,589 361,638 -425,014 -389,102 17,354,487
Total, Discretionary Funding................. 17,749,589 361,638 -431,014 -395,102 17,354,487
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy Reliability
Infrastructure security & energy 6,000 -6,000 -6,000 0
restoration.............................
Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program............. 369,000 66,000 369,000
W76 Life extension program............. 174,931 81,000 45,000 219,931
Total, Life extension programs........... 543,931 147,000 0 45,000 588,931
Stockpile assessment and design
W78 Life extension study............... 0
W88 Alt 370............................ 0
Total, Stockpile assessment and design... 0 0 0 0 0
Stockpile systems
Stockpile systems...................... 0
B61 Stockpile systems.................. 72,364 72,364
W76 Stockpile systems.................. 65,445 25,000 65,445
W78 Stockpile systems.................. 139,207 12,000 139,207
W80 Stockpile systems.................. 46,540 46,540
B83 Stockpile systems.................. 57,947 57,947
W87 Stockpile systems.................. 85,689 85,689
W88 Stockpile systems.................. 123,217 5,000 123,217
Total, Stockpile systems................. 590,409 17,000 25,000 0 590,409
Weapons dismantlement and disposition
Operations and maintenance............. 51,265 51,265
Stockpile services
Production support..................... 365,405 6,000 6,000 371,405
Research and development support....... 28,103 4,000 28,103
R&D certification and safety........... 191,632 27,000 8,000 199,632
Management, technology, and production. 175,844 9,000 175,844
Plutonium sustainment.................. 141,685 9,000 141,685
Total, Stockpile services................ 902,669 55,000 0 14,000 916,669
Total, Directed stockpile work............. 2,088,274 219,000 25,000 59,000 2,147,274
Campaigns:
Science campaign
Advanced certification................. 44,104 29,500 10,000 54,104
Primary assessment technologies........ 94,000 7,000 5,000 99,000
Dynamic materials properties........... 97,000 9,000 9,000 106,000
Advanced radiography................... 30,000 30,000
Secondary assessment technologies...... 85,000 85,000
Total, Science campaign.................. 350,104 45,500 0 24,000 374,104
Engineering campaign
Enhanced surety........................ 46,421 8,500 8,000 54,421
Weapon systems engineering assessment 18,983 18,983
technology............................
Nuclear survivability.................. 21,788 21,788
Enhanced surveillance.................. 63,379 8,000 63,379
Total, Engineering campaign.............. 150,571 16,500 0 8,000 158,571
Inertial confinement fusion ignition and
high yield campaign
Diagnostics, cryogenics and 81,942 81,942
experimental support..................
Ignition............................... 84,172 -30,000 84,172
Support of other stockpile programs.... 14,817 20,000 14,817
NIF diagnostics, cryogenics and 0 0
experimental support..................
Pulsed power inertial confinement 6,044 6,044
fusion................................
Joint program in high energy density 8,334 8,334
laboratory plasmas....................
Facility operations and target 264,691 264,691
production............................
Total, Inertial confinement fusion and 460,000 -10,000 0 0 460,000
high yield campaign.....................
Advanced simulation and computing 600,000 -30,000 600,000
campaign................................
Readiness Campaign
Stockpile readiness.................... 0 0
High explosives and weapon operations.. 0 0
Nonnuclear readiness................... 64,681 64,681
Tritium readiness...................... 65,414 65,414
Advanced design and production 0 0
technologies..........................
Total, Readiness campaign................ 130,095 0 0 0 130,095
Total, Campaigns........................... 1,690,770 22,000 0 32,000 1,722,770
Readiness in technical base and facilities
(RTBF)
Operations of facilities
Kansas City Plant.................... 163,602 163,602
Lawrence Livermore National 89,048 89,048
Laboratory..........................
Los Alamos National Laboratory....... 335,978 335,978
Nevada National Security Site........ 115,697 115,697
Pantex............................... 172,020 172,020
Sandia National Laboratory........... 167,384 167,384
Savannah River Site.................. 120,577 120,577
Y-12 National security complex....... 255,097 255,097
Institutional site support........... 0 0
Total, Operations of facilities.......... 1,419,403 0 0 0 1,419,403
Program Readiness........................ 0 0
Science, technology and engineering 166,945 166,945
capability support......................
Maintenance and repair of facilities..... 0 0
Nuclear operations capability support.... 203,346 203,346
Subtotal, Readiness in technical base and 1,789,694 0 0 0 1,789,694
facilities................................
Construction:
13-D-301 Electrical infrastructure 23,000 23,000
upgrades, LANL/LLNL...................
12-D-301 TRU waste facilities, LANL.... 24,204 24,204
11-D-801 TA-55 Reinvestment project, 8,889 8,889
LANL..................................
10-D-501 Nuclear facilities risk 17,909 17,909
reduction Y-12 National security
complex, Oakridge, TN.................
09-D-404 Test capabilities 11,332 11,332
revitalization II, Sandia National
Laboratories, Albuquerque, NM.........
08-D-802 High explosive pressing 24,800 24,800
facility Pantex Plant, Amarillo, TX...
07-D-140 Project engineering and design 0 0
(PED) various locations...............
06-D-140 Project engineering design 0 0
(PED) various locations...............
06-D-141 PED/Construction, Uranium 340,000 -340,000 -340,000 0
Capabilities Replacement Project Y-12
, Oak Ridge, TN.......................
06-D-141 PED/Construction, Uranium 0 340,000 340,000 340,000
Capabilities Replacement Project Y-12
, Phase 1, Oak Ridge, TN..............
04-D-125 Chemistry and metallurgy 0 100,000 0
facility replacement project, Los
Alamos National Laboratory, Los
Alamos, NM............................
Total, Construction...................... 450,134 100,000 0 0 450,134
Total, Readiness in technical base and 2,239,828 100,000 0 0 2,239,828
facilities................................
Secure transportation asset
Operations and equipment................. 114,965 114,965
Program direction........................ 104,396 104,396
Total, Secure transportation asset......... 219,361 0 0 0 219,361
Nuclear counterterrorism incident response. 247,552 247,552
Site stewardship
Operations and maintenance............... 90,001 -17,362 -10,420 79,581
Construction
11-D-601 Sanitary effluent reclamation 0 0
facility, LANL........................
Total, Site stewardship.................... 90,001 -17,362 0 -10,420 79,581
Defense nuclear security
Operations and maintenance............... 643,285 643,285
NNSA CIO activities........................ 155,022 155,022
Legacy contractor pensions................. 185,000 185,000
Science, Technology and Engineering 0 0
Capability................................
National security applications............. 18,248 18,248
Subtotal, Weapons activities................. 7,577,341 323,638 25,000 80,580 7,657,921
Rescission................................... 0
Total, Weapons Activities.................... 7,577,341 323,638 25,000 80,580 7,657,921
Defense Nuclear Nonproliferation
Nonproliferation and verification R&D
Operations and maintenance............... 398,186 398,186
Domestic Enrichment R&D.................. 150,000 150,000
Subtotal, Nonproliferation and verification 548,186 0 0 0 548,186
R&D.......................................
Nonproliferation and international security 150,119 150,119
International nuclear materials protection 311,000 311,000
and cooperation...........................
Fissile materials disposition
U.S. surplus fissile materials
disposition
Operations and maintenance
U.S. plutonium disposition........... 498,979 498,979
U.S. uranium disposition............. 29,736 29,736
Total, Operations and maintenance...... 528,715 0 0 0 528,715
Construction:
99-D-143 Mixed oxide fuel fabrication 388,802 388,802
facility, Savannah River, SC........
99-D-141-01 Pit disassembly and 0 0
conversion facility, Savannah River,
SC..................................
99-D-141-02 Waste Solidification 0 0
Building, Savannah River, SC........
Total, Construction.................... 388,802 0 0 0 388,802
Total, U.S. surplus fissile materials 917,517 0 0 0 917,517
disposition.............................
Russian surplus fissile materials 3,788 3,788
disposition.............................
Total, Fissile materials disposition....... 921,305 0 0 0 921,305
Global threat reduction initiative......... 466,021 27,000 27,000 493,021
Legacy contractor pensions................. 62,000 62,000
Subtotal, Defense Nuclear Nonproliferation... 2,458,631 27,000 0 48,580 2,507,211
Rescission................................... 0
Total, Defense Nuclear Nonproliferation...... 2,458,631 27,000 0 27,000 2,485,631
Naval Reactors
Naval reactors development................. 418,072 418,072
Ohio replacement reactor systems 89,700 97,000 37,986 89,700
development...............................
S8G Prototype refueling.................... 121,100 121,100
Naval reactors operations and 366,961 366,961
infrastructure............................
Construction:
13-D-905 Remote-handled low-level waste 8,890 8,890
facility, INL...........................
13-D-904 KS Radiological work and storage 2,000 2,000
building, KSO...........................
13-D-903, KS Prototype Staff Building, 14,000 14,000
KSO.....................................
10-D-903, Security upgrades, KAPL........ 19,000 19,000
10-D-904, NRF infrastructure upgrades, 0 0
Idaho...................................
09-D-902, NRF Office Building #2 ECC 0 0
Upgrade, Idaho..........................
08-D-190 Expended Core Facility M-290 5,700 5,700
recovering discharge station, Naval
Reactor Facility, ID....................
07-D-190 Materials research technology 0 0
complex (MRTC)..........................
Total, Construction........................ 49,590 0 0 0 49,590
Program direction.......................... 43,212 2,000 43,212
Subtotal, Naval Reactors..................... 1,088,635 99,000 37,986 0 1,088,635
Adjustments:
Rescission of prior year balances........ 0 0
Total, Naval Reactors........................ 1,088,635 99,000 37,986 0 1,088,635
Office Of The Administrator
Office of the administrator................ 411,279 -48,000 -25,000 -29,279 382,000
Total, Office Of The Administrator........... 411,279 -48,000 -25,000 -29,279 382,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 1,990 1,990
Hanford site:
River corridor and other cleanup 389,347 389,347
operations..............................
Central plateau remediation.............. 558,820 558,820
Richland community and regulatory support 15,156 15,156
Total, Hanford site........................ 963,323 0 0 0 963,323
Idaho National Laboratory:
Idaho cleanup and waste disposition...... 396,607 396,607
Idaho community and regulatory support... 3,000 3,000
Total, Idaho National Laboratory........... 399,607 0 0 0 399,607
NNSA sites
Lawrence Livermore National Laboratory... 1,484 1,484
Nuclear facility D & D Separations 24,000 24,000
Process Research Unit...................
Nevada................................... 64,641 64,641
Sandia National Laboratories............. 5,000 5,000
Los Alamos National Laboratory........... 239,143 239,143
Total, NNSA sites and Nevada off-sites..... 334,268 0 0 0 334,268
Oak Ridge Reservation:
Building 3019............................ 0 0
OR Nuclear facility D & D................ 67,525 67,525
OR cleanup and disposition............... 109,470 109,470
OR reservation community and regulatory 4,500 4,500
support.................................
Total, Oak Ridge Reservation............... 181,495 0 0 0 181,495
Office of River Protection:
Waste treatment and immobilization plant
01-D-416 A-E/ORP-0060 / Major 690,000 690,000
construction..........................
Tank farm activities
Rad liquid tank waste stabilization and 482,113 482,113
disposition...........................
Total, Office of River protection.......... 1,172,113 0 0 0 1,172,113
Savannah River sites:
Savannah River risk management operations 444,089 444,089
SR community and regulatory support...... 16,584 16,584
Radioactive liquid tank waste:
Radioactive liquid tank waste 698,294 698,294
stabilization and disposition.........
Construction:
05-D-405 Salt waste processing 22,549 22,549
facility, Savannah River............
PE&D glass waste storage building #3. 0 0
Total, Radioactive liquid tank waste..... 720,843 0 0 0 720,843
Total, Savannah River site................. 1,181,516 0 0 0 1,181,516
Waste Isolation Pilot Plant
Waste isolation pilot plant.............. 198,010 198,010
Total, Waste Isolation Pilot Plant......... 198,010 0 0 0 198,010
Program direction.......................... 323,504 323,504
Program support............................ 18,279 18,279
Safeguards and Security:
Oak Ridge Reservation.................... 18,817 18,817
Paducah.................................. 8,909 8,909
Portsmouth............................... 8,578 8,578
Richland/Hanford Site.................... 71,746 71,746
Savannah River Site...................... 121,977 121,977
Waste Isolation Pilot Project............ 4,977 4,977
West Valley.............................. 2,015 2,015
Total, Safeguards and Security............. 237,019 0 0 0 237,019
Technology development..................... 20,000 10,000 20,000
Uranium enrichment D&D fund contribution... 463,000 -463,000 -463,000 0
Subtotal, Defense environmental cleanup...... 5,494,124 10,000 -463,000 -463,000 5,031,124
Adjustments
Use of prior year balances............ -12,123 -12,123
Use of unobligated balances........... -10,000 -10,000
Rescission
Total, Adjustments......................... -22,123 0 0 0 -22,123
Total, Defense Environmental Cleanup......... 5,472,001 10,000 -463,000 -463,000 5,009,001
Other Defense Activities
Health, safety and security
Health, safety and security.............. 139,325 139,325
Program direction........................ 106,175 106,175
Undistributed adjustment................. -50,000 -4,403
Total, Health, safety and security......... 245,500 -50,000 0 -4,403 241,097
Specialized security activities............ 188,619 188,619
Office of Legacy Management
Legacy management........................ 164,477 164,477
Program direction........................ 13,469 13,469
Total, Office of Legacy Management......... 177,946 0 0 0 177,946
Defense-related activities
Infrastructure
Idaho sitewide safeguards and security. 0 0
Defense related administrative support..... 118,836 118,836
Office of hearings and appeals............. 4,801 4,801
Subtotal, Other defense activities........... 735,702 -50,000 0 -4,403 731,299
Total, Other Defense Activities.............. 735,702 -50,000 0 -4,403 731,299
----------------------------------------------------------------------------------------------------------------
From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Howard P. ``Buck'' McKeon,
Roscoe G. Bartlett,
Mac Thornberry,
J. Randy Forbes,
Jeff Miller,
Joe Wilson,
Frank A. LoBiondo,
Michael R. Turner,
John Kline,
Mike Rogers,
Bill Shuster,
K. Michael Conaway,
Robert J. Wittman,
Duncan Hunter,
E. Scott Rigell,
Vicky Hartzler,
Allen B. West,
Martha Roby,
Adam Smith,
Mike McIntyre,
Robert E. Andrews,
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Madeleine Z. Bordallo,
Joe Courtney,
Niki Tsongas,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Mike Rogers,
C.A. Dutch Ruppersberger,
From the Committee on Education and the
Workforce, for consideration of secs. 541 and
561 of the House bill and secs. 563 and 571-73
of the Senate amendment, and modifications
committed to conference:
Thomas E. Petri,
Kristi L. Noem,
Robert C. ``Bobby'' Scott,
From the Committee on Energy and Commerce, for
consideration of secs. 312, 601, 727, 3111,
3113, 3114, 3117, 3118, 3132, 3133, 3151, and
3202 of the House bill and secs. 736, 758, 914,
3118, 3122, 3152-54, 3156, and 5022 of the
Senate amendment, and modifications committed
to conference:
Greg Walden,
Ed Whitfield,
Henry A. Waxman,
From the Committee on Financial Services, for
consideration of sec. 661 of the House bill and
secs. 651-55, subtitle E of title XII, and
title L of the Senate amendment, and
modifications committed to conference:
Shelley Moore Capito,
Bill Huizenga,
Ed Perlmutter,
From the Committee on Foreign Affairs, for
consideration of secs. 227, 230, 335, 355, 952,
1013, 1033, 1035, 1037, 1041, 1043, 1097, 1111,
1202, 1203, 1212, 1213, 1217, 1219, 1234, 1237,
1238, 1240, 1240A, 1240B, 1240C, 1243, 1245-47,
1301, 1303, 1531-33, title XVII, secs. 3120,
3121, and 3123 of the House bill and secs. 237,
342, 873, subtitle F of title VIII, secs. 1013,
1031, 1033, 1042, 1045, 1050, 1093, 1201-04,
1212-15, 1217, 1218, 1223, 1224, 1241, 1242,
1247, 1248, subtitle E of title XII, secs.
1301, 1531, 1532, 1534, 3114, and 5023 of the
Senate amendment, and modifications committed
to conference:
Ileana Ros-Lehtinen,
Edward R. Royce,
From the Committee on Homeland Security, for
consideration of sec. 1111 of the House bill
and sec. 1803 of the Senate amendment, and
modifications committed to conference:
Bennie G. Thompson,
From the Committee on the Judiciary, for
consideration of secs. 564, 593, 599, 1033,
1084, 1088, 1099C, 1707, and 1709 of the House
bill and secs. 653, 736, 844, 844A, 897, 899,
1033, 1092, 1096, 1099C, 5021, 5024, subtitle E
of title XII, and title LI of the Senate
amendment, and modifications committed to
conference:
Lamar Smith,
Daniel E. Lungren,
John Conyers, Jr.,
From the Committee on Natural Resources, for
consideration of secs. 316, 317, 601, 2841,
2846, and 2861 of the House bill and secs. 271,
312, 1091, 1433, title XIX, and sec. 2842 of
the Senate amendment, and modifications
committed to conference:
Doc Hastings,
Rob Bishop,
From the Committee on Oversight and Government
Reform, for consideration of secs. 313, 651,
663, 801, 812, 833, 952, 1101-04, 1111, 1616,
1683, 1702, 1704-06, and 2811 of the House bill
and secs. 641, 822, 825, 844, 844A, 892, 894-
96, 903, 1099A, 1101-04, and subtitle B of
title LIII of the Senate amendment, and
modifications committed to conference:
Darrell E. Issa,
Tim Walberg,
From the Committee on Science, Space, and
Technology, for consideration of secs. 916,
1074, 1603, 1617, 1661, and 3158 of the House
bill and secs. 271, 912, 1046, title XVIII,
secs. 3153, 3159, and 3504 of the Senate
amendment, and modifications committed to
conference:
Ralph M. Hall,
Judy Biggert,
Eddie Bernice Johnson,
From the Committee on Small Business, for
consideration of secs. 1611, 1621-23, 1631,
1632, 1641, 1651-58, 1661, 1671-73, 1681-83,
1691, 1693a, 1695, and 1697 of the House bill
and secs. 848, 888, 889E, 1090, and 1099E of
the Senate amendment, and modifications
committed to conference:
Sam Graves,
Jaime Herrera Beutler,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 334,
535, 601, 704, 1074, 1078, 2801, and 3509 of
the House bill and secs. 521, 1803, 1804, 3503-
05, 3508 and 3509 of the Senate amendment, and
modifications committed to conference:
John L. Mica,
Howard Coble,
Timothy H. Bishop,
From the Committee on Veterans Affairs, for
consideration of secs. 355, 564, 565, 664, and
728 of the House bill and secs. 642, 755, 756,
759-64, 1044, 1087, 1090, 1097, 1099B, and
title L of the Senate amendment, and
modifications committed to conference:
Gus M. Bilirakis,
Doug Lamborn,
Michael H. Michaud,
Managers on the Part of the House.
Carl Levin,
Joseph I. Lieberman,
Jack Reed,
Daniel K. Akaka,
Ben Nelson,
Jim Webb,
Claire McCaskill,
Mark Udall,
Kay R. Hagan,
Mark Begich,
Joe Manchin III,
Jeanne Shaheen,
Kirsten E. Gillibrand,
Richard Blumenthal,
John McCain,
James M. Inhofe,
Jeff Sessions,
Saxby Chambliss,
Roger F. Wicker,
Scott P. Brown,
Rob Portman,
Kelly Ayotte,
Susan M. Collins,
Lindsey Graham,
John Cornyn,
David Vitter,
Managers on the Part of the Senate.