An amendment numbered 4 printed in House Report 112-485 to prohibit the availability of funds for assistance to Pakistan in fiscal year 2013.

{time}  1500
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013

General Leave

Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 4310.
The SPEAKER pro tempore (Mr. Woodall). Is there objection to the
request of the gentleman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 661 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4310.
Will the gentleman from Kansas (Mr. Yoder) kindly take the chair.

{time}  1508

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4310) to authorize appropriations for fiscal year 2013
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 2013, and for other
purposes, with Mr. Yoder (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
May 16, 2012, all time for general debate pursuant to House Resolution
656 had expired.
Pursuant to House Resolution 661, no further general debate shall be
in order. In lieu of the amendment in the nature of a substitute
recommended by the Committee on Armed Services, printed in the bill, it
shall be in order to consider as an original bill for the purpose of
amendment under the 5-minute rule an amendment in the nature of a
substitute consisting of the text of Rules Committee print 112 22. That
amendment in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:

H.R. 4310

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2013''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army CH 47 helicopters.
Sec. 112. Reports on airlift requirements of the Army.

Subtitle C--Navy Programs

Sec. 121. Retirement of nuclear-powered ballistic submarines.
Sec. 122. Extension of Ford-class aircraft carrier construction
authority.
Sec. 123. Extension of multiyear procurement authority for F/A 18E, F/A
18F, and EA 18G aircraft.
Sec. 124. Multiyear procurement authority for V 22 joint aircraft
program.
Sec. 125. Multiyear procurement authority for Arleigh Burke-class
destroyers and associated systems.
Sec. 126. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 127. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 128. Report on Littoral Combat Ship designs.
Sec. 129. Comptroller General reviews of Littoral Combat Ship program.
Sec. 130. Sense of Congress on importance of engineering in early
stages of shipbuilding.
Sec. 131. Sense of Congress on Marine Corps Amphibious Lift and
Presence Requirements.

Subtitle D--Air Force Programs

Sec. 141. Retirement of B 1 bomber aircraft.
Sec. 142. Maintenance of strategic airlift aircraft.

[[Page H2848]]

Sec. 143. Limitation on availability of funds for divestment or
retirement of C 27J aircraft.
Sec. 144. Limitation on availability of funds for termination of C 130
avionics modernization program.
Sec. 145. Review of C 130 force structure.
Sec. 146. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 147. Procurement of space-based infrared systems.

Subtitle E--Joint and Multiservice Matters

Sec. 151. Requirement to set F 35 aircraft initial operational
capability dates.
Sec. 152. Limitation on availability of funds for retirement of RQ 4
Global Hawk unmanned aircraft systems.
Sec. 153. Common data link for manned and unmanned intelligence,
surveillance, and reconnaissance systems.

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. Unmanned combat air system.
Sec. 213. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 214. Limitation on availability of funds for future manned ground
moving target indicator capability of the Air Force.
Sec. 215. Limitation on availability of funds for milestone A
activities for the MQ 18 unmanned aircraft system.
Sec. 216. Vertical lift platform technology demonstrations.

Subtitle C--Missile Defense Programs

Sec. 221. Procurement of AN/TPY 2 radars.
Sec. 222. Development of advanced kill vehicle.
Sec. 223. Missile defense site on the East Coast.
Sec. 224. Ground-based midcourse defense system.
Sec. 225. Ground-based midcourse defense interceptor test.
Sec. 226. Deployment of SM 3 IIB interceptors on land and sea.
Sec. 227. Iron Dome short-range rocket defense program.
Sec. 228. Sea-based X-band radar.
Sec. 229. Prohibition on the use of funds for the MEADS program.
Sec. 230. Limitation on availability of funds for phased, adaptive
approach to missile defense in Europe.
Sec. 231. Limitation on availability of funds for the precision
tracking space system.
Sec. 232. Plan to improve discrimination and kill assessment capability
of ballistic missile defense systems.
Sec. 233. Plan to increase rate of flight tests of ground-based
midcourse defense system.
Sec. 234. Report on regional missile defense architectures.
Sec. 235. Use of funds for conventional prompt global strike program.
Sec. 236. Transfer of Aegis weapon system equipment to Missile Defense
Agency.

Subtitle D--Reports

Sec. 241. Study on electronic warfare capabilities of the Marine Corps.
Sec. 242. National Research Council review of defense science and
technical graduate education needs.
Sec. 243. Report on three-dimensional integrated circuit manufacturing
capabilities.
Sec. 244. Report on efforts to field new directed energy weapons.

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. Briefing on power and energy research conducted at University
Affiliated Research Center.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Authorization of appropriations of funds for inactivation
execution of U.S.S. Enterprise.

Subtitle B--Energy and Environmental Provisions

Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Modification of definition of chemical substance.
Sec. 313. Exemption of Department of Defense from alternative fuel
procurement requirement.
Sec. 314. Limitation on availability of funds for procurement of
alternative fuel.
Sec. 315. Plan on environmental exposures to members of the Armed
Forces.

Subtitle C--Logistics and Sustainment

Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Depot-level maintenance and repair.

Subtitle D--Readiness

Sec. 331. Intergovernmental support agreements with State and local
governments.
Sec. 332. Extension and expansion of authority to provide assured
business guarantees to carriers participating in Civil
Reserve Air Fleet.
Sec. 333. Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements.
Sec. 334. Center of Excellence for the National Guard State Partnership
Program.

Subtitle E--Reports

Sec. 341. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 342. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 343. Modification of report on maintenance and repair of vessels
in foreign shipyards.
Sec. 344. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Sec. 345. GAO report reviewing methodology of Department of Defense
relating to costs of performance by civilian employees,
military personnel, and contractors.
Sec. 346. Report on medical evacuation policies.

Subtitle F--Limitations and Extensions of Authority

Sec. 351. Repeal of authority to provide certain military equipment and
facilities to support civilian law enforcement and
emergency response.
Sec. 352. Limitation on availability of funds for the disestablishment
of aerospace control alert locations.
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--Other Matters

Sec. 361. Retirement, adoption, care, and recognition of military
working dogs.

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. Limitations on end strength reductions for regular component
of the Army and Marine Corps.
Sec. 404. Exclusion of members within the Integrated Disability
Evaluation System from end strength levels for active
forces.

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. Exception to required retirement after 30 years of service
for Regular Navy warrant officers in the grade of Chief
Warrant Officer, W 5.
Sec. 503. Air Force Chief and Deputy Chief of Chaplains.
Sec. 504. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 505. 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. 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. Diversity in military leadership and related reporting
requirements.

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.

Subtitle C--General Service Authorities

Sec. 521. Modifications to career intermission pilot program.
Sec. 522. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic
stress disorder.

[[Page H2849]]

Sec. 523. Authority to accept voluntary services to assist Department
of Defense efforts to account for missing persons.
Sec. 524. Authorized leave available for members of the Armed Forces
upon birth or adoption of a child.
Sec. 525. Command responsibility and accountability for remains of
members of the Army, Navy, Air Force, and Marine Corps
who die outside the United States.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational
specialties currently closed to women.
Sec. 527. Compliance with medical profiles issued for members of the
Armed Forces.

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. Persons who may exercise disposition authority regarding
charges involving certain sexual misconduct offenses
under the Uniform Code of Military Justice.
Sec. 533. Independent review and assessment of Uniform Code of Military
Justice and judicial proceedings of sexual assault cases.
Sec. 534. Collection and retention of records on disposition of reports
of sexual assault.
Sec. 535. Briefing, plan, and recommendations regarding efforts to
prevent and respond to hazing incidents involving members
of the Armed Forces.
Sec. 536. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 537. Use of military installations as sites for marriage
ceremonies or marriage-like ceremonies.

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. Department of Defense Inspector General review of access to
military installations by representatives of for-profit
educational institutions.

Subtitle F--Decorations and Awards

Sec. 551. Issuance of prisoner-of-war medal.
Sec. 552. 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.

Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters

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. Transitional compensation for dependent children who were
carried during pregnancy at the time of dependent-abuse
offense committed by an individual while a member of the
Armed Forces.
Sec. 563. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to
enroll certain students.
Sec. 564. Protection of child custody arrangements for parents who are
members of the Armed Forces.
Sec. 565. Treatment of relocation of members of the Armed Forces for
active duty for purposes of mortgage refinancing.
Sec. 566. Sense of Congress regarding support for Yellow Ribbon Day.

Subtitle H--Improved Sexual Assault Prevention and Response in the
Armed Forces

Sec. 571. Establishment of special victim teams to respond to
allegations of child abuse, serious domestic violence, or
sexual offenses.
Sec. 572. Enhancement to training and education for sexual assault
prevention and response.
Sec. 573. Enhancement to requirements for availability of information
on sexual assault prevention and response resources.
Sec. 574. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 575. Inclusion of sexual harassment incidents in annual Department
of Defense reports on sexual assaults.
Sec. 576. Continued submission of progress reports regarding certain
incident information management tools.
Sec. 577. Briefings on Department of Defense actions regarding sexual
assault prevention and response in the Armed Forces.
Sec. 578. Armed Forces Workplace and Gender Relations Surveys.
Sec. 579. Requirement for commanders to conduct annual organizational
climate assessments.
Sec. 580. Additional requirements for organizational climate
assessments.
Sec. 581. Review of unrestricted reports of sexual assault and
subsequent separation of members making such reports.
Sec. 582. Limitation on release from active duty or recall to active
duty of reserve component members who are victims of
sexual assault while on active duty.
Sec. 583. Inclusion of information on substantiated reports of sexual
harassment in member's official service record.

Subtitle I--Other Matters

Sec. 590. Inclusion of Freely Associated States within scope of Junior
Reserve Officers' Training Corps program.
Sec. 591. Preservation of editorial independence of Stars and Stripes.
Sec. 592. Sense of Congress regarding designation of bugle call
commonly known as ``Taps'' as National Song of
Remembrance.
Sec. 593. Recommended conduct during sounding of bugle call commonly
known as ``Taps''.
Sec. 594. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 595. Pilot program to provide transitional assistance to members
of the Armed Forces with a focus on science, technology,
engineering, and mathematics.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 603. No reduction in basic allowance for housing for Army National
Guard and Air National Guard members who transition
between active duty and full-time National Guard duty
without a break in active service.
Sec. 604. 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.

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 Generally

Sec. 621. Travel and transportation allowances for non-medical
attendants for members receiving care in a residential
treatment program.

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--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

Sec. 641. Charitable organizations eligible for donations of unusable
commissary store food and other food prepared for the
Armed Forces.
Sec. 642. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 643. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as
a Fisher House.
Sec. 644. Purchase of sustainable products, local food products, and
recyclable materials for resale in commissary and
exchange store systems.

Subtitle F--Disability, Retired Pay, and Survivor Benefits

Sec. 651. 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.

[[Page H2850]]

Subtitle G--Other Matters

Sec. 661. 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. 662. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 663. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Sense of Congress on nonmonetary contributions to health care
benefits made by career members of the Armed Forces and
their families.
Sec. 702. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 703. Medical and dental care contracts for certain members of the
National Guard.

Subtitle B--Health Care Administration

Sec. 711. Unified medical command.
Sec. 712. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 713. Cooperative health care agreements between the military
departments and non-military health care entities.
Sec. 714. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 715. Clarification of applicability of Federal Tort Claims Act to
subcontractors employed to provide health care services
to the Department of Defense.
Sec. 716. Pilot program on increased third-party collection
reimbursements in military medical treatment facilities.
Sec. 717. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-
order pharmacy program.
Sec. 718. Cost-sharing rates for pharmacy benefits program of the
TRICARE program.
Sec. 719. Review of the administration of the military health system.

Subtitle C--Reports and Other Matters

Sec. 721. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 722. Extension of Comptroller General report on women-specific
health services and treatment for female members of the
Armed Forces.
Sec. 723. Establishment of TRICARE working group.
Sec. 724. Report on strategy to transition to use of human-based
methods for certain medical training.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Pilot exemption regarding treatment of procurements on behalf
of the Department of Defense in accordance with the
Department of Energy's Work for Others Program.

Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 811. Modification of time period for congressional notification of
the lease of certain vessels by the Department of
Defense.
Sec. 812. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 813. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 814. Codification of requirement relating to Government
performance of critical acquisition functions.
Sec. 815. Limitation on funding pending certification of implementation
of requirements for competition.
Sec. 816. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Sec. 817. Additional definition relating to production of specialty
metals within the United States.
Sec. 818. Requirement for procurement of infrared technologies from
national technology and industrial base.
Sec. 819. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.

Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan

Sec. 821. Extension and expansion of authority to acquire products and
services produced in countries along a major route of
supply to Afghanistan.
Sec. 822. Limitation on authority to acquire products and services
produced in Afghanistan.

Subtitle D--Other Matters

Sec. 831. Enhancement of review of acquisition process for rapid
fielding of capabilities in response to urgent
operational needs.
Sec. 832. Location of contractor-operated call centers in the United
States.

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. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.

Subtitle B--Space Activities

Sec. 911. Annual assessment of the synchronization of segments in space
programs that are major defense acquisition programs.
Sec. 912. Report on overhead persistent infrared technology.
Sec. 913. Prohibition on use of funds to implement international
agreement on space activities that has not been ratified
by the Senate or authorized by statute.
Sec. 914. Assessment of foreign components and the space launch
capability of the United States.
Sec. 915. 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.

Subtitle D--Total Force Management

Sec. 931. Limitation on certain funding until certification that
inventory of contracts for services has begun.
Sec. 932. Requirement to ensure sufficient levels of Government
management, control, and oversight of functions closely
associated with inherently governmental functions.
Sec. 933. Special management attention required for certain functions
identified in inventory of contracts for services.

Subtitle E--Cyberspace-related Matters

Sec. 941. Military activities in cyberspace.
Sec. 942. Quarterly cyber operations briefings.

Subtitle F--Other Matters

Sec. 951. Advice on military requirements by Chairman of Joint Chiefs
of Staff and Joint Requirements Oversight Council.
Sec. 952. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education
Program scholarship.
Sec. 953. Annual briefing to congressional defense committees on
certain written policy guidance.
Sec. 954. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense Regional Centers for Security
Studies.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Annual report on Armed Forces unfunded priorities.

Subtitle B--Counter-Drug Activities

Sec. 1011. Extension of the authority of the Chief of the National
Guard Bureau to establish and operate National Guard
counterdrug schools.
Sec. 1012. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1013. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1014. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1022. Limitation on availability of funds for delayed annual naval
vessel construction plan.

Subtitle D--Counterterrorism

Sec. 1031. Findings on detention pursuant to the Authorization for Use
of Military Force enacted in 2001.
Sec. 1032. Findings regarding habeas corpus rights.
Sec. 1033. Habeas corpus rights.
Sec. 1034. Extension of authority to make rewards for combating
terrorism.

[[Page H2851]]

Sec. 1035. 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.
Sec. 1036. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1037. 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. 1038. 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. 1039. Reports on recidivism of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, that have
been transferred to foreign countries.
Sec. 1040. 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. 1041. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan,
Afghanistan.
Sec. 1042. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
Sec. 1043. Additional requirements relating to the transfer of
individuals detained at Guantanamo to foreign countries
and other foreign entities.

Subtitle E--Nuclear Forces

Sec. 1051. Nuclear weapons employment strategy of the United States.
Sec. 1052. Commitments for nuclear weapons stockpile modernization.
Sec. 1053. Limitation and report in the event of insufficient funding
for modernization of nuclear weapons stockpile.
Sec. 1054. Progress of modernization.
Sec. 1055. Limitation on strategic delivery system reductions.
Sec. 1056. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1057. Consideration of expansion of nuclear forces of other
countries.
Sec. 1058. Chemistry and Metallurgy Research Replacement Nuclear
Facility and Uranium Processing Facility.
Sec. 1059. Nuclear warheads on intercontinental ballistic missiles of
the United States.
Sec. 1060. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1061. Improvements to Nuclear Weapons Council.
Sec. 1062. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1063. Report on capability of conventional and nuclear forces
against certain tunnel sites.
Sec. 1064. Report on conventional and nuclear forces in the Western
Pacific region.
Sec. 1065. Sense of Congress on nuclear arsenal.

Subtitle F--Studies and Reports

Sec. 1066. Assessment of Department of Defense use of electromagnetic
spectrum.
Sec. 1067. Electronic Warfare Strategy of the Department of Defense.
Sec. 1068. Report on counterproliferation capabilities and limitations.

Subtitle G--Miscellaneous Authorities and Limitations

Sec. 1071. 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. 1072. Expansion of authority of the Secretary of the Army to loan
or donate excess small arms for funeral and other
ceremonial purposes.
Sec. 1073. Prohibition on the use of funds for manufacturing beyond
low-rate initial production at certain prototype
integration facilities.
Sec. 1074. Interagency collaboration on unmanned aircraft systems.
Sec. 1075. Authority to transfer surplus Mine-Resistant Ambush-
Protected vehicles and spare parts.
Sec. 1076. Limitation on availability of funds for retirement of
aircraft.
Sec. 1077. Prohibition on Department of Defense use of nondisclosure
agreements to prevent members of the Armed Forces and
civilian employees of the Department from communicating
with Members of Congress.

Subtitle H--Other Matters

Sec. 1081. Bipartisan independent strategic review panel.
Sec. 1082. Notification of delayed reports.
Sec. 1083. Technical and clerical amendments.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--General Provisions

Sec. 1101. Expansion of personnel management authority under
experimental program with respect to certain scientific
and technical positions.
Sec. 1102. Authority to pay for the transport of family household pets
for Federal employees during certain evacuation
operations.
Sec. 1103. Extension of authority to fill shortage category positions
for certain Federal acquisition positions for civilian
agencies.
Sec. 1104. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1105. Policy on senior mentors.

Subtitle B--Interagency Personnel Rotations

Sec. 1111. Interagency personnel rotations.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Modification of authorities relating to program to build the
capacity of foreign military forces.
Sec. 1203. Three-year extension of authority for non-reciprocal
exchanges of defense personnel between the United States
and foreign countries.

Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. One-year extension of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1212. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1213. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1214. Prohibition on use of private security contractors and
members of the Afghan Public Protection Force to provide
security for members of the Armed Forces and military
installations and facilities in Afghanistan.
Sec. 1215. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1216. United States military support in Afghanistan.
Sec. 1217. Extension and modification of Pakistan Counterinsurgency
Fund.

Subtitle C--Matters Relating to Iran

Sec. 1221. Declaration of policy.
Sec. 1222. United States military preparedness in the Middle East.
Sec. 1223. Annual report on military power of Iran.

Subtitle D--Reports and Other Matters

Sec. 1231. Annual report on military and security developments
involving the People's Republic of China.
Sec. 1232. Report on military and security developments involving the
Democratic People's Republic of Korea.
Sec. 1233. Report on host nation support for overseas United States
military installations and United States Armed Forces
deployed in country.
Sec. 1234. NATO Special Operations Headquarters.
Sec. 1235. Reports on exports of missile defense technology to certain
countries.
Sec. 1236. Limitation on funds to provide the Russian Federation with
access to missile defense technology.
Sec. 1237. International agreements relating to missile defense.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.

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.
Sec. 1407. Cemeterial expenses.

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.

Subtitle C--Other Matters

Sec. 1421. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1422. 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. 1423. Authorization of appropriations for Armed Forces Retirement
Home.

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.

[[Page H2852]]

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. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1533. Limitations on availability of funds in Afghanistan Security
Forces Fund.

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. Advancing Innovation Pilot Program.
Sec. 1604. National security strategy for national technology and
industrial base.

Subtitle B--Department of Defense Activities Related to Small Business
Matters

Sec. 1611. Pilot program to assist in the growth and development of
advanced small business concerns.
Sec. 1612. Role of the Directors of Small Business Programs in
requirements development and acquisition decision
processes of the Department of Defense.
Sec. 1613. Small Business Advocate for defense audit agencies.
Sec. 1614. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1615.  Assessment of small business programs transition.
Sec. 1616. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1617. 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 Program

Sec. 1641. Mentor-Protege programs.
Sec. 1642. Government Accountability Office Report.

Part IV--Transparency in Subcontracting

subpart a--limitations on subcontracting

Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Conforming amendments.
Sec. 1654. Regulations.

subpart b--subcontracting plans

Sec. 1655. Subcontracting plans.
Sec. 1656. Notices of subcontracting opportunities.
Sec. 1657. Regulations.

subpart c--publication of certain documents

Sec. 1658. Publication of certain documents.

Part V--Small Business Concern Size Standards

Sec. 1661. Small business concern size standards.

Part VI--Contract Bundling

Sec. 1671. Consolidation of provisions relating to contract bundling.
Sec. 1672. Repeal of redundant provisions.
Sec. 1673. Technical amendments.

Part VII--Increased Penalties for Fraud

Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Office of Hearings and Appeals.
Sec. 1683. Requirement fraudulent businesses be suspended or debarred.
Sec. 1684. 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.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.

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.

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 projects.
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. Air Armament Center, Eglin Air Force Base.
Sec. 2713. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.

[[Page H2853]]

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Preparation of military installation master plans.
Sec. 2802. Sustainment oversight and accountability for military
housing privatization projects and related annual
reporting requirements.
Sec. 2803. One-year extension of authority to use operation and
maintenance funds for construction projects outside the
United States.
Sec. 2804. Treatment of certain defense nuclear facility construction
projects as military construction projects.
Sec. 2805. Execution of Chemistry and Metallurgy Research Building
Replacement nuclear facility and limitation on
alternative plutonium strategy.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Authority of military museums to accept gifts and services
and to enter into leases and cooperative agreements.
Sec. 2812. Clarification of parties with whom Department of Defense may
conduct exchanges of real property at certain military
installations.
Sec. 2813. Indemnification of transferees of property at any closed
military installation.
Sec. 2814. Identification requirement for entry on military
installations.
Sec. 2815. Plan to protect critical Department of Defense critical
assets from electromagnetic pulse weapons.

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. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification and expansion to include implementation of
ASHRAE building standard 189.1.
Sec. 2823. Availability and use of Department of Defense energy cost
savings to promote energy security.

Subtitle D--Provisions Related to Guam Realignment

Sec. 2831. Use of operation and maintenance funding to support
community adjustments related to realignment of military
installations and relocation of military personnel on
Guam.
Sec. 2832. Certification of military readiness need for firing range on
Guam as condition on establishment of range.
Sec. 2833. Repeal of conditions on use of funds for Guam realignment.

Subtitle E--Land Conveyances

Sec. 2841. Modification to authorized land conveyance and exchange,
Joint Base Elmendorf Richardson, Alaska.
Sec. 2842. Modification of financing authority, Broadway Complex of the
Department of the Navy, San Diego, California.
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. Transfer of administrative jurisdiction, Fort Lee Military
Reservation and Petersburg National Battlefield,
Virginia.

Subtitle F--Other Matters

Sec. 2861. Inclusion of religious symbols as part of military
memorials.
Sec. 2862. Redesignation of the Center for Hemispheric Defense Studies
as the William J. Perry Center for Hemispheric Defense
Studies.
Sec. 2863. Sense of Congress regarding establishment of military divers
memorial at Washington Navy Yard.
Sec. 2864. Gold Star Mothers National Monument, Arlington National
Cemetery.
Sec. 2865. Naming of training and support complex, Fort Bragg, North
Carolina.
Sec. 2866. Naming of electrochemistry engineering facility, Naval
Support Activity Crane, Crane, Indiana.
Sec. 2867. Retention of core functions of the Electronic Systems Center
at Hanscom Air Force Base, Massachusetts.
Sec. 2868. Retention of core functions of the Air Force Materiel
Command, Wright-Patterson Air Force Base, Ohio.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Navy construction and land acquisition projects.

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.
Sec. 3104. Energy security and assurance.

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. Contractor governance, oversight, and accountability.
Sec. 3114. National Nuclear Security Administration Council.
Sec. 3115. Safety, health, and security of the National Nuclear
Security Administration.
Sec. 3116. Design and use of prototypes of nuclear weapons.
Sec. 3117. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3118. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3119. Limitation on availability of funds for Inertial Confinement
Fusion Ignition and High Yield Campaign.
Sec. 3120. Limitation on availability of funds for Global Security
through Science Partnerships Program.
Sec. 3121. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3122. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.

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. Clarification of the role of the Administrator for Nuclear
Security.
Sec. 3134. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3135. Repeal of certain reporting requirements.

Subtitle D--Reports

Sec. 3141. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3142. Reports on lifetime extension programs.
Sec. 3143. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3144. Report on defense nuclear nonproliferation programs.
Sec. 3145. Study on reuse of plutonium pits.

Subtitle E--Other Matters

Sec. 3151. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3152. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons
stockpile and nuclear forces.
Sec. 3153. Classification of certain restricted data.
Sec. 3154. Independent cost assessments for life extension programs,
new nuclear facilities, and other matters.
Sec. 3155. Assessment of nuclear weapon pit production requirement.
Sec. 3156. Intellectual property related to uranium enrichment.
Sec. 3157. Sense of Congress on competition and fees related to the
management and operating contracts of the nuclear
security enterprise.

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. Procurement of ship disposal.
Sec. 3504. Limitation of National Defense Reserve Fleet vessels to
those over 1,500 gross tons.
Sec. 3505. Donation of excess fuel to maritime academies.
Sec. 3506. Clarification of heading.
Sec. 3507. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3508. Amendments relating to the National Defense Reserve Fleet.
Sec. 3509. Extension of Maritime Security Fleet program.

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.

[[Page H2854]]

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.

In 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.

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.--In accordance
with section 2306b of title 10, United States Code, the
Secretary of the Army may enter into a multiyear contract,
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.--Not later than October 31, 2012, and each
year thereafter through 2017, the Secretary of the Army shall
submit to the congressional defense committees a report on
the time-sensitive or mission-critical airlift requirements
of the Army.
(b) Matters Included.--The reports 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; and
(C) aircraft of contractors.
(4) For each sortie described under subparagraph (A) or (C)
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. RETIREMENT OF NUCLEAR-POWERED BALLISTIC SUBMARINES.

Section 5062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) Beginning October 1, 2012, the Secretary of the
Navy may not retire or decommission a nuclear-powered
ballistic missile submarine if such retirement or
decommissioning would result in the active or commissioned
fleet of such submarines consisting of less than 12
submarines.
``(2) The limitation in paragraph (1) shall not apply to a
nuclear-powered ballistic submarine that has been converted
to carry exclusively non-nuclear payloads as of October 1,
2012.''.

SEC. 122. 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. 123. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR F/
A 18E, F/A 18F, AND EA 18G AIRCRAFT.

Section 128 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111 84; 123 Stat. 2217), as
amended by Public Law 111 238 (124 Stat. 2500), is amended by
adding at the end the following new subsection:
``(f) Extension of Multiyear Authority.--Notwithstanding
section 2306b of title 10, United States Code, the Secretary
of the Navy may modify a multiyear contract entered into
under subsection (a) to add a fifth production year to such
contract.''.

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR V 22 JOINT
AIRCRAFT PROGRAM.

(a) Authority for Multiyear Procurement.--In accordance
with section 2306b of title 10, United States Code, the
Secretary of the Navy may enter into a multiyear contract,
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. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE-
CLASS DESTROYERS AND ASSOCIATED SYSTEMS.

(a) Authority for Multiyear Procurement.--In accordance
with section 2306b of title 10, United States Code, the
Secretary of the Navy may enter into a multiyear contract,
beginning with the fiscal year 2013 program year, for the
procurement of not more than 10 Arleigh Burke-class guided
missile destroyers, including 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 of
the Navy may enter into a contract, 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. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS
SUBMARINE PROGRAM.

(a) Authority for Multiyear Procurement.--
(1) In general.--In accordance with section 2306b of title
10, United States Code, the Secretary of the Navy may enter
into a multiyear contract, beginning with the fiscal year
2014 program year, for the procurement of not more than 10
Virginia-class submarines and Government-furnished equipment
associated with the Virginia-class submarine program.
(2) Use of incremental funding.--The Secretary may use
incremental funding with respect to a contract entered into
under paragraph (1).
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into a contract, 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)(1).
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a)(1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.

SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S.
ABRAHAM LINCOLN.

(a) Refueling and Complex Overhaul.--Of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2013 for shipbuilding and conversion, Navy, not
more than $1,613,392,000 may be obligated or expended for the
commencement of the nuclear refueling and complex overhaul of
the U.S.S. Abraham Lincoln (CVN 72) during such fiscal year.
Such amount shall be the first increment in the two-year
sequence of incremental funding planned for such nuclear
refueling and complex overhaul.
(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. 128. 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. 129. COMPTROLLER GENERAL REVIEWS OF LITTORAL COMBAT SHIP
PROGRAM.

(a) Acceptance of LCS.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the compliance of the
Secretary of the Navy with part 246 of title 48 of the Code
of Federal Regulations and subpart 46.5 of the Federal
Acquisition Regulation in accepting the LCS.
(2) Matters included.--The review under paragraph (1) shall
include a discussion of the knowledge of, and determinations
by, the LCS program office and contractors with respect to
the following:
(A) Potential for cracks in the LCS hull and deckhouse and
any corresponding potential design risks.
(B) Chargeable equipment failures.
(C) Potential for engine failures or breakdowns.
(D) Meeting key performance parameters, including speed.
(E) Review of the quality of seals and welds.
(F) Review of water jet corrosion.
(G) Completeness of records to support acceptance of the
LCS.
(H) How the LCS risk and problems compare to lead ships in
comparable programs.

[[Page H2855]]

(I) Security of the ship and systems, including any known
lapses.
(J) Manning analysis, including how it would affect key
performance parameters.
(K) Strategies for balancing cost, schedule, and
performance trade-offs as required by section 201 of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111
23; 123 Stat. 1719).
(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 modernization and
logistics support.
(c) Cooperation.--For purposes of conducting the review
under subsection (a)(1) and (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. 130. 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. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT
AND PRESENCE REQUIREMENTS.

(a) In General.--It is the sense of Congress that--
(1) the United States Marine Corps is a combat force which
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 United States 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,
operating ``from the sea'' they require no third party host
nation permission to conduct military operations;
(3) the Department of the Navy has a requirement for 38
amphibious assault ships to meet this full range of military
operations;
(4) for budgetary reasons only that requirement of 38
vessels was reduced to 33 vessels, which adds military risk
to future operations;
(5) the Department of the Navy has been unable to meet even
the minimal requirement of 33 operationally available vessels
and has submitted a shipbuilding and ship retirement plan to
the Congress which will reduce the force to 28 vessels; and
(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) Next Generation of Amphibious Ships.--In light of
subsection (a), it is the sense of Congress that--
(1) the Navy should consider prioritization of investment
in and procurement of the next generation of amphibious
assault ships;
(2) the next generation amphibious assault ships should
maintain survivability protection level II in accordance with
current Navy ship requirements;
(3) commonality in hull form design could be a desirable
element to reduce acquisition and life cycle cost; and
(4) maintaining a robust amphibious shipbuilding industrial
base is vital for future national security.

Subtitle D--Air Force Programs

SEC. 141. 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. 142. MAINTENANCE OF STRATEGIC AIRLIFT AIRCRAFT.

(a) Modification to Limitation on Retirement of C 5
Aircraft.--Section 137(d)(3)(B) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111 84;
123 Stat. 2222) is amended by striking ``316'' and inserting
``301''.
(b) Report.--
(1) In general.--Not later than February 1, 2013, the
Commander of the United States Transportation Command shall
submit to the congressional defense committees a report
assessing the operational risk of meeting the steady-state
and warfighting requirements of the commanders of the
geographical combatant commands with respect to the Secretary
of the Air Force maintaining an inventory of strategic
airlift aircraft of less than 301 aircraft.
(2) Matters included.--The report under paragraph (1) shall
include a description and analysis of the assumptions made by
the Commander with respect to--
(A) aircraft usage rates;
(B) aircraft mission availability rates;
(C) aircraft mission capability rates;
(D) aircrew ratios;
(E) aircrew production;
(F) aircrew readiness rates; and
(G) any other assumption the Commander uses to develop such
report.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DIVESTMENT
OR RETIREMENT OF C 27J AIRCRAFT.

(a) In General.--After fiscal year 2013, none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2013 for the Air Force may be used
to divest, retire, or transfer, or prepare to divest, retire,
or transfer, a C 27J aircraft until a period of 180 days has
elapsed following the date on which--
(1) the Director of the Congressional Budget Office submits
to the congressional defense committees the analysis
conducted under subsection (b)(1); and
(2) the reports under subsections (d)(2) and (e)(2) of
section 112 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1318) are
submitted to the congressional defense committees.
(b) Life-cycle Cost Analysis.--
(1) CBO.--The Director of the Congressional Budget Office
shall submit to the congressional defense committees a 40-
year life-cycle cost analysis of C 27J aircraft, C 130H
aircraft, and C 130J aircraft.
(2) Matters included.--The life-cycle cost analysis
conducted under paragraph (1) shall--
(A) take into account all upgrades and modifications
required to sustain the aircraft specified in paragraph (1)
during a 40-year service-life;
(B) assess the most cost-effective and mission-effective
manner for which C 27J aircraft could be affordably fielded
by the Air National Guard, including by determining--
(i) the number of basing locations required;
(ii) the number of authorized personnel associated with a
unit's manning document; and
(iii) the maintenance and sustainment strategy required;
and
(C) outline any limiting factors regarding the analysis of
C 27J aircraft with respect to cost assumptions used by the
Director in such analysis and the actual costs incurred for
aircraft fielded by the Air Force as of the date of the
analysis.
(3) Cooperation.--The Secretary of Defense shall provide
the Director with any information, including original source
documentation, the Director determines is required to
promptly conduct the analysis under paragraph (1).

SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR TERMINATION
OF C 130 AVIONICS MODERNIZATION PROGRAM.

(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2013 for the Air Force may be used to terminate
the C 130 avionics modernization program until a period of
180 days has elapsed after the date on which the Secretary of
the Air Force submits to the congressional defense committees
the cost-benefit analysis conducted under subsection (b)(1).
(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) each of the alternatives described in subparagraphs (A)
and (B); and
(ii) C 130 aircraft that are not upgraded or modernized;
and
(B) the future costs associated with the potential upgrades
to avionics and mission systems that may be required in the
future for legacy C 130 aircraft to remain relevant and
mission effective.

SEC. 145. REVIEW OF C 130 FORCE STRUCTURE.

(a) Review.--The Secretary of the Air Force shall conduct a
review of the C 130 force structure.
(b) Report.--Not later than the date on which the budget of
the President is submitted to Congress under section 1105(a)
of title 31, United States Code, for fiscal year 2014, the
Secretary of the Air Force shall submit to the congressional
defense committees a report of the review under subsection
(a), including--
(1) how the Secretary will determine which C 130 aircraft
will be retired or relocated during fiscal years 2014 through
2018;
(2) a description of the methodologies underlying such
determinations, including the factors and assumptions that
shaped the specific determinations;
(3) the rationale for selecting C 130 aircraft to be
retired or relocated with respect to such aircraft of the
regular components and such aircraft of the reserve
components; and
(4) details of the costs incurred, avoided, or saved with
respect to retiring or relocating C 130 aircraft.
(c) Comptroller General Review.--Not later than 60 days
after the date on which the report is submitted under
subsection (b), the Comptroller General of the United States
shall submit to the congressional defense committees a review
of such report, including the costs and benefits of the
planned retirements and relocations described in such report.

[[Page H2856]]

SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED
EXPENDABLE LAUNCH VEHICLE PROGRAM.

(a) Sense of Congress.--It is the sense of Congress that--
(1) assured access to space remains critical to national
security; and
(2) the plan by the Air Force to commit, beginning in
fiscal year 2013, to an annual production rate of launch
vehicle booster cores should maintain mission assurance,
stabilize the industrial base, reduce costs, and provide
opportunities for competition.
(b) 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.
(c) Matters Included.--The report under subsection (b)(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.
(d) Comptroller General.--
(1) Review.--The Comptroller General of the United States
shall review the report under subsection (b)(1).
(2) Submittal.--Not later than 30 days after the date on
which the report under subsection (b)(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.
(e) 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. 147. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS.

(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may procure
two space-based infrared systems 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, 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 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
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 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.

Subtitle E--Joint and Multiservice Matters

SEC. 151. REQUIREMENT TO SET F 35 AIRCRAFT INITIAL
OPERATIONAL CAPABILITY DATES.

(a) F 35A.--Not later than December 31, 2012, 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 December 31, 2012, 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. 152. 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. 153. COMMON DATA LINK FOR MANNED AND UNMANNED
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
SYSTEMS.

Section 141 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109 163; 119 Stat. 3164), as
amended by section 143 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111 84; 123 Stat. 2223),
is amended by adding at the end the following new subsection:
``(e) Standards in Solicitations.--The Secretary of Defense
shall ensure that a solicitation for a common data link
described in subsection (a)--
``(1) complies with the most recently issued common data
link specification standard of the Department of Defense as
of the date of the solicitation; and
``(2) does not include any proprietary or undocumented
interface or waveform as a requirement or criterion for
evaluation.''.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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. UNMANNED COMBAT AIR SYSTEM.

The Secretary of the Navy shall--

[[Page H2857]]

(1) conduct additional technology development risk
reduction activities using the unmanned combat air system;
and
(2) preserve a competitive acquisition environment for the
Unmanned Carrier-launched Surveillance and Strike system
program.

SEC. 213. 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 Critical Design Phases.--
``(1) Contractors.--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 critical design review milestone.
``(2) Critical design review.--The Unmanned Carrier-
launched Surveillance and Strike system program may not
achieve the critical design review milestone until on or
after October 1, 2016.''.
(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. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE
MANNED GROUND MOVING TARGET INDICATOR
CAPABILITY OF THE AIR FORCE.

(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, Air Force, may be obligated or expended 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 capability or manned
dismount moving target indicator capability until a period of
90 days has elapsed following the date on which the Secretary
of the Air Force submits the report under subsection (b)(1).
(b) Report.--
(1) In general.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on
the plan of the future manned ground moving target and manned
dismount moving target indicator capabilities of the Air
Force.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The plan to maintain onboard command and control
capability that is equal to or better than such capability
provided by the E 8C joint surveillance target attack radar
program.
(B) Each analysis of alternatives completed during fiscal
year 2012 regarding future manned ground moving target
indicator capability or manned dismount moving target
indicator capability.
(C) With respect to each new program analyzed in an
analysis of alternatives described in subparagraph (B)--
(i) the development, procurement, and sustainment cost
estimates for such program; and
(ii) a description of how such program will affect the
potential growth of future manned ground moving target
indicator capability or manned dismount moving target
indicator capability.
(D) A description of potential operational and sustainment
cost savings realized by the Air Force using a platform that
is--
(i) derived from commercial aircraft; and
(ii) in operation by the Department of Defense as of the
date of the report.
(E) The plan by the Secretary of Defense to retire or
replace E 8C joint surveillance target attack radar aircraft.
(F) Any other matter the Secretary considers appropriate.
(c) Waiver.--The Secretary may waive the limitation in
subsection (a) if the Secretary--
(1) determines that such waiver is required to meet an
urgent operational need or other emergency contingency
requirement directly related to ongoing combat operations;
and
(2) notifies the congressional defense committees of such
determination.

SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A
ACTIVITIES FOR THE MQ 18 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 the MQ 18 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--
(A) such system is required to meet a capability in the
manned and unmanned medium-altitude intelligence,
surveillance, and reconnaissance force structure of the
Department of Defense; and
(B) an existing unmanned aircraft system cannot meet such
capability or be modified to meet such capability; 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 ``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. 216. VERTICAL LIFT PLATFORM TECHNOLOGY DEMONSTRATIONS.

(a) In General.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for joint capability technology demonstrations, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics may obligate or expend not more than $5,000,000 to
carry out a program to develop and flight-demonstrate
vertical lift platform technologies that address the
capability gaps described in the Future Vertical Lift
Strategic Plan of the Department of Defense submitted to
Congress in August 2010.
(b) Goals and Objectives.--The Under Secretary shall ensure
that the program under subsection (a) has the following goals
and objectives:
(1) To develop innovative vertical lift platform
technologies that address capability gaps in speed, range,
ceiling, survivability, reliability, and affordability
applicable to both current and future rotorcraft of the
Department of Defense.
(2) To flight-demonstrate such vertical lift technologies
no later than 2016.
(3) To accelerate the development and transition of
innovative vertical lift technologies by promoting the
formation of competitive teams of small business working in
collaboration with large contractors and academia.

Subtitle C--Missile Defense Programs

SEC. 221. PROCUREMENT OF AN/TPY 2 RADARS.

(a) Procurement.--The Secretary of Defense shall procure
two AN/TPY 2 radars.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility
of developing an AN/TPY 2 radar on a rotational table to
allow the radar to quickly change directions.

SEC. 222. DEVELOPMENT OF ADVANCED KILL VEHICLE.

Not later than 180 days after the date of the enactment of
this Act, the Director of the Missile Defense Agency shall
submit to the congressional defense committees a report that
includes--
(1) a plan to provide that the new advanced kill vehicle on
the standard missile 3 block IIB interceptor shall have the
capability of being used for the ground-based midcourse
defense program; and
(2) a description of the technology of and concept behind
applying the former multiple kill vehicle concept to the new
vehicle described in paragraph (1).

SEC. 223. MISSILE DEFENSE SITE ON THE EAST COAST.

(a) Operational Site.--The Secretary of Defense shall
ensure that a covered missile defense site on the East Coast
of the United States is operational by not later than
December 31, 2015.
(b) Consideration of Location.--
(1) Study.--Not later than December 31, 2013, the Secretary
of Defense shall conduct a study evaluating three possible
locations selected by the Director of the Missile Defense
Agency for a covered missile defense site on the East Coast
of the United States.
(2) EIS.--The Secretary shall prepare an environmental
impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
each location evaluated under paragraph (1).
(3) Location.--In selecting the three possible locations
for a covered missile defense site under paragraph (1), the
Secretary should--
(A) take into consideration--
(i) the strategic location of the proposed site; and
(ii) the proximity of the proposed site to major population
centers; and
(B) give priority to a proposed site that--
(i) is operated or supported by the Department of Defense;
(ii) lacks encroachment issues; and
(iii) has a controlled airspace.
(c) Plan.--
(1) In general.--The Director of the Missile Defense Agency
shall develop a plan to deploy an appropriate missile defense
interceptor for a missile defense site on the East Coast.
(2) Matters included.--In developing the plan under
paragraph (1), the Director shall evaluate the use of--
(A) two- or three-stage ground-based interceptors; and
(B) standard missile 3 interceptors, including block IA,
block IB, and for a later deployment, block IIA or block IIB
interceptors.
(3) Submission.--The Director shall submit to the President
the plan under paragraph (1) for inclusion with the budget
materials submitted to Congress under section 1105(a) of
title 31, United States Code, for fiscal year 2014.
(4) Funding.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2013 for
the Missile Defense Agency, $100,000,000 may be obligated or
expended to carry out the plan developed under paragraph (1)
after a period of 30 days has elapsed following the date on
which the congressional defense committees receive the plan
pursuant to paragraph (3).
(d) Covered Missile Defense Site.--In this section, the
term ``covered missile defense site'' means a missile defense
site that uses--
(1) ground-based interceptors; or

[[Page H2858]]

(2) standard missile 3 interceptors.

SEC. 224. GROUND-BASED MIDCOURSE DEFENSE SYSTEM.

(a) GMD System.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the Department of Defense, not less than $1,261,000,000
shall be made available for the ground-based midcourse
defense system, as specified in the funding table in section
4201.
(b) Certain Programs of the GMD System.--
(1) EKV.--The Secretary of Defense shall complete the
refurbishment of the CE1 exoatmospheric kill vehicle-equipped
ground-based interceptors.
(2) MF-1.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2013 for
the ground-based midcourse defense system, not less than
$205,000,000 shall be obligated or expended to upgrade
Missile Field 1 at Fort Greely, Alaska.

SEC. 225. GROUND-BASED MIDCOURSE DEFENSE INTERCEPTOR TEST.

Not later than December 31, 2013, the Secretary of Defense
shall conduct an intercontinental ballistic missile test of
the ground-based midcourse defense program using a ground-
based interceptor equipped with a CE1 exoatmospheric kill
vehicle.

SEC. 226. DEPLOYMENT OF SM 3 IIB INTERCEPTORS ON LAND AND
SEA.

(a) Sense of Congress.--It is the sense of Congress that
standard missile 3 block IIB interceptors should be
deployable in both land-based and sea-based modes by the date
on which such interceptors achieve initial operating
capability.
(b) Land and Sea Modes.--The Secretary of Defense shall
ensure that standard missile 3 block IIB interceptors are
deployable using both land-based and sea-based systems by the
date on which such interceptors achieve initial operating
capability.
(c) Report.--
(1) Force structure.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on how the
deployment of standard missile 3 block IIB interceptors
affects the force structure of the Navy.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The implications for the force structure of the Navy if
standard missile 3 block IIB interceptors cannot fit in the
standard vertical launching system configuration for the
Aegis ballistic missile defense system, including the
implications regarding--
(i) ship deployments;
(ii) cost; and
(iii) ability to respond to raids.
(B) An explanation for how standard missile 3 block IIB
interceptors would be used, at initial operating capability,
for the defense of the United States from threats originating
in the Pacific region if such interceptors are not deployable
in a sea-based mode, including an explanation of cost and
force structure requirements.

SEC. 227. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.

(a) Availability of Funds.--
(1) In general.--Of the funds authorized to be appropriated
by section 201 for research, development, test, and
evaluation, Defense-wide, as specified in the funding table
in section 4201, or otherwise made available for the
Department of Defense for fiscal years 2012 through 2015, the
Secretary of Defense may provide up to $680,000,000 to the
Government of Israel for the procurement of additional
batteries and interceptors under the Iron Dome short-range
rocket defense system and for related operations and
sustainment expenses.
(2) Availability.--Funds made available for fiscal year
2012 or 2013 to carry out paragraph (1) are authorized to
remain available until September 30, 2014.
(b) Office.--The Secretary of Defense shall establish
within the Missile Defense Agency of the Department of
Defense an office to carry out subsection (a) and other
matters relating to assistance for Israel's Iron Dome short-
range rocket defense system.

SEC. 228. SEA-BASED X-BAND RADAR.

The Director of the Missile Defense Agency shall ensure
that the sea-based X-band radar 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.

SEC. 229. 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. 230. LIMITATION ON AVAILABILITY OF FUNDS FOR PHASED,
ADAPTIVE APPROACH TO MISSILE DEFENSE IN EUROPE.

(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for covered missile defense activities, not more than 75
percent may be obligated or expended until--
(1) the Secretary of Defense and the Secretary of State
jointly submit to the appropriate congressional committees--
(A) a report on the cost-sharing arrangements for the
phased, adaptive approach to missile defense in Europe; and
(B) written certification that a proportional share, as
determined by the Secretaries, of the costs for such approach
to missile defense will be provided by members of the North
Atlantic Treaty Organization other than the United States;
and
(2) the Secretary of Defense--
(A) submits a NATO prefinancing request for consideration
of expenses regarding such approach to missile defense
(excluding such expenses related to military construction
described in section 2403(b)); and
(B) submits to the appropriate congressional committees the
response by the NATO Secretary General or the North Atlantic
Council to such request.
(b) Waiver.--The President may waive the limitation in
subsection (a) with respect to a specific project of a
covered missile defense activity if the President submits to
the appropriate congressional committees and the written
certification that the waiver for such project is vital to
the national security interests of the United States.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(2) The term ``covered missile defense activities'' means,
with respect to the phased, adaptive approach to missile
defense in Europe, activities regarding--
(A) Aegis ashore sites; or
(B) an AN/TPY 2 radar located in Turkey.

SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
PRECISION TRACKING SPACE SYSTEM.

(a) Initial Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2013 for the precision tracking space system may
be obligated or expended until the date on which--
(1) a federally funded research and development center
begins the analysis under subsection (b)(1); and
(2) the terms of reference for the analysis are submitted
to the congressional defense committees.
(b) Analysis of Alternatives.--
(1) FFRDC.--The Director of the Missile Defense Agency
shall enter into an agreement with a federally funded
research and development center that has not previously been
involved with the precision tracking space system to conduct
an analysis of alternatives of such program.
(2) Basis of analysis.--The analysis under paragraph (1)
shall be based on a clear articulation by the Director of--
(A) the 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;
(D) an evaluation of the technological capability
differences between the precision tracking space system
sensor and the space tracking and surveillance system sensor;
and
(E) the cost differences, as confirmed by the Director of
Cost Assessment and Program Evaluation, between such systems,
including costs relating to launch services.
(3) Analysis.--In conducting the analysis under paragraph
(1), the federally funded research and development center
shall--
(A) appoint a panel of independent study leaders for such
analysis;
(B) evaluate whether the precision tracking space system,
as planned by the Director in the budget submitted to
Congress under section 1105 of title 31, United States Code,
for fiscal year 2013, is the lowest cost sensor option with
respect to land-, air-, or space-based sensors, or a
combination thereof, to improve the homeland missile defense
of the United States, including by adding discrimination
capability to the ground-based midcourse defense system;
(C) examine the overhead persistent infrared data or other
data that is available as of the date of the analysis that is
not being used;
(D) determine how using the data described in subparagraph
(C) could improve sensor coverage for the homeland missile
defense of the United States and regional missile defense
capabilities;
(E) study the plans of the Director to integrate the
precision tracking space system concept into the ballistic
missile defense system and evaluate the concept or operations
of such use; and
(F) consider the agreement entered into under subsection
(d)(1).
(4) Cost determination.--In determining costs under the
analysis under paragraph (1), the federally funded research
and development center shall take into account acquisition
costs and operation and sustainment costs during the initial
ten-year and twenty-year periods.
(c) Further Limitation.--
(1) Submittal and wait.--Except as provided by paragraph
(2), none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 for the
precision tracking space system may obligated or expended
until--
(A) the Director submits to the congressional defense
committees the analysis under subsection (b)(1); and
(B) a period of 60 days has elapsed following the date of
such submittal.
(2) Exception.--The limitation in paragraph (1) shall not
apply to funds described in such paragraph that are obligated
or expended for technology development activities.
(d) Memorandum of Agreement.--
(1) In general.--The Director 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) Submittal.--The Director shall submit to the
congressional defense committees the agreement entered into
under paragraph (1).

[[Page H2859]]

SEC. 232. PLAN TO IMPROVE DISCRIMINATION AND KILL ASSESSMENT
CAPABILITY OF BALLISTIC MISSILE DEFENSE
SYSTEMS.

(a) Plan.--The Director of the Missile Defense Agency shall
develop a plan to improve the discrimination and kill
assessment capability of ballistic missile defense systems,
particularly with respect to the ground-based midcourse
defense system.
(b) Submission.--Not later than December 31, 2012, the
Director shall--
(1) transmit to the Secretary of Defense the plan under
subsection (a) to be used in the budget materials submitted
to the President by the Secretary in connection with the
submission to Congress, pursuant to section 1105 of title 31,
United States Code, of the budget for fiscal year 2014; and
(2) submit to the congressional defense committees such
plan.

SEC. 233. PLAN TO INCREASE RATE OF FLIGHT TESTS OF GROUND-
BASED MIDCOURSE DEFENSE SYSTEM.

(a) Plan.--
(1) In general.--The Director of the Missile Defense Agency
shall develop a plan to increase the rate of flight tests and
ground tests of the ground-based midcourse defense system.
(2) Rate of planned flight tests.--The plan under paragraph
(1) shall ensure that there are at least three flight tests
conducted during every two-year period unless the Director
submits to the congressional defense committees--
(A) written certification that such rate of tests is not
feasible or cost-effective; and
(B) an analysis explaining the reasoning of such
certification.
(b) Submission.--Not later than December 31, 2012, the
Director shall--
(1) transmit to the Secretary of Defense the plan under
subsection (a)(1) to be used in the budget materials
submitted to the President by the Secretary in connection
with the submission to Congress, pursuant to section 1105 of
title 31, United States Code, of the budget for fiscal year
2014; and
(2) submit to the congressional defense committees such
plan.

SEC. 234. REPORT ON REGIONAL MISSILE DEFENSE ARCHITECTURES.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a report on--
(1) the regional missile defense architectures, including
the force structure and inventory requirements derived from
such architectures; and
(2) the comprehensive force management process to evaluate
such requirements, including the capability, deployment, and
resource outcomes that such process has determined.

SEC. 235. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE
PROGRAM.

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 ground-testing activities
of the conventional prompt global strike program are
obligated or expended using competitive solicitation
procedures to involve industry as well as government
partners.

SEC. 236. TRANSFER OF AEGIS WEAPON SYSTEM EQUIPMENT TO
MISSILE DEFENSE AGENCY.

(a) Transfer by Navy.--In accordance with section 230, the
Secretary of the Navy may--
(1) transfer to the Director of the Missile Defense Agency
Aegis weapon system equipment with ballistic missile defense
capability for use by the Director in the Aegis ashore site
in the country the Director has designated as ``Host Nation
1'';
(2) in ensuring the shipbuilding schedules of ships
affected by this section--
(A) obligate or expend unobligated funds made available for
fiscal year 2012 for shipbuilding and conversion, Navy, for
the DDG 51 Destroyer to deliver complete, mission-ready Aegis
weapon system equipment with ballistic missile defense
capability to a DDG 51 Destroyer for which funds were made
available for fiscal year 2012 under shipbuilding and
conversion, Navy; or
(B) use any Aegis weapon system equipment acquired using
such funds to deliver complete, mission-ready Aegis weapon
system equipment with ballistic missile defense capability to
a DDG 51 Destroyer for which funds were made available for
fiscal year 2012 under shipbuilding and conversion, Navy; and
(3) treat equipment transferred to the Secretary under
subsection (b) as equipment acquired using funds made
available under shipbuilding and conversion, Navy, for
purposes of completing the construction and outfitting of
such equipment.
(b) Transfer by MDA.--In accordance with section 230, upon
the receipt of any equipment under subsection (a), the
Director of the Missile Defense Agency shall transfer to the
Secretary of the Navy Aegis weapon system equipment with
ballistic missile defense capability procured by the Director
for installation in a shore-based Aegis weapon system for use
by the Secretary in the DDG 51 Destroyer program.

Subtitle D--Reports

SEC. 241. 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 EA 6B Prowler aircraft squadrons.
(B) A solution for the replacement of 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. 242. 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 engineering, applied sciences,
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 engineering, applied sciences, 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 directed 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; and
(7) recommendations for improving the ability of the
Department of Defense to identify, manage, and source the
graduate education needs of the Department.
(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.

SEC. 243. REPORT ON THREE-DIMENSIONAL INTEGRATED CIRCUIT
MANUFACTURING CAPABILITIES.

(a) Assessment.--The Secretary of Defense shall conduct a
comprehensive assessment regarding the manufacturing
capability of the United States to produce three-dimensional
integrated circuits to serve the national defense interests
of the United States.
(b) Elements.--The assessment under subsection (a) shall
include--
(1) an assessment of the military requirements for using
three-dimensional integrated circuits in future
microelectronic systems;
(2) an assessment of the current domestic commercial
capability to develop and manufacture three-dimensional
integrated circuits for use in military systems, including a
plan for alternative sources to supply such circuits in case
of shortages in the domestic supply; and
(3) an assessment of the feasibility, as well as planning
and design requirements, for the development of a domestic
manufacturing capability for three-dimensional integrated
circuits.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the assessment
under subsection (a).
(d) Form.--The report under subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 244. REPORT ON EFFORTS TO FIELD NEW DIRECTED ENERGY
WEAPONS.

(a) 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 summarizing
efforts within the Department of Defense to transition mature
and maturing directed energy technologies to new operational
weapon systems during the five- to- ten-year period beginning
on the date of the report.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) Thorough assessments of--
(A) the maturity of high-energy laser, high-power
microwave, and millimeter wave non-lethal technologies, both
domestically and foreign;
(B) missions for which directed energy weapons could be
used to substantially enhance the current and planned
military capabilities of the United States;
(C) the potential for new directed energy systems to reduce
requirements for expendable air and missile defense weapons;
(D) the status of and prognosis for foreign directed energy
programs;
(E) the potential vulnerabilities of military systems of
the United States to foreign directed energy weapons and
efforts by the Secretary to mitigate such vulnerabilities;
and
(F) a summary of actions the Secretary is taking to ensure
that the military will be the global leader in directed
energy capabilities.
(2) In light of the suitability of surface ships to support
a solid-state laser weapon based on mature and maturing
technologies, whether--
(A) the Department of the Navy should be designated as lead
service for fielding a 100 to 200 kilowatt-class laser to
defend surface ships against unmanned aircraft, cruise
missile, and fast attack craft threats; and
(B) the Secretary of the Navy should initiate a program of
record to begin fielding a ship-based solid-state laser
weapon system.
(3) In light of the potential effectiveness of high-power
microwave weapons against sensors,

[[Page H2860]]

battle management, and integrated air defense networks,
whether--
(A) the Department of the Navy and the Department of the
Air Force should be designated as lead services for
integrating high-power microwave weapons on small air
vehicles, including cruise missiles and unmanned aircraft;
and
(B) the Secretary of the Air Force should initiate a
program of record to field a cruise missile- or unmanned air
vehicle-based high-power microwave weapon.
(4) In light of the potential of mature chemical laser
technologies to counter air and ballistic missile threats
from relocatable fixed sites, whether the Secretary of the
Army should initiate a program of record to develop and field
a multi-megawatt class chemical laser weapon system to defend
forward airfields, ports, and other theater bases critical to
future operations.
(5) Whether the investments by the Secretary of Defense in
high-energy laser weapons research, development, test, and
evaluation are appropriately prioritized across each military
department and defense-wide accounts to support the
weaponization of mature and maturing directed energy
technologies during the five- to- ten-year period beginning
on the date of the report, including whether sufficient funds
are allocated within budget area 4 and higher accounts to
prepare for near term weaponization opportunities.
(c) Form.--The report under subsection (a) shall be
unclassified, but may include a classified annex.

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, including advanced robotics, advanced defense
systems, power and energy innovations, systems to mitigate
manmade and naturally occurring electromagnetic pulse or
high-powered microwaves, cybersecurity and applied
lightweight materials, to address national security and
homeland defense challenges.
(b) Designation of Lead Office.--Not later than 60 days
after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall--
(1) designate an office within the Department of Defense
with the lead responsibility for enhancing the use of
regional advanced technology clusters by the Department; and
(2) notify the appropriate congressional committees of such
designation.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall submit to
the appropriate congressional committees a report
describing--
(1) the participation of the Department of Defense in
regional advanced technology clusters;
(2) implementation by the Department of processes and tools
to facilitate collaboration with the clusters; and
(3) agreements established by the Department with the
Department of Commerce to jointly support the continued
growth of the clusters.
(d) Collaboration.--The Secretary of Defense may meet,
collaborate, and share resources with other Federal agencies
for purposes of assisting in the expansion of regional
advanced technology clusters under this section.
(e) 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. BRIEFING ON POWER AND ENERGY RESEARCH CONDUCTED AT
UNIVERSITY AFFILIATED RESEARCH CENTER.

Not later than February 28, 2013, the Secretary of Defense
shall brief the Committees on Armed Services of the Senate
and House of Representatives on power and energy research
conducted at the University Affiliated Research Centers. The
briefing shall include--
(1) a description of research conducted with other
university based energy centers; and
(2) a description of collaboration efforts with university-
based research centers on energy research and development
activities, particularly with centers that have an expertise
in energy efficiency and renewable energy, including--
(A) lighting;
(B) heating;
(C) ventilation and air-conditioning systems; and
(D) renewable energy integration.

TITLE III--OPERATION AND MAINTENANCE

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.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS OF FUNDS FOR
INACTIVATION EXECUTION OF U.S.S. ENTERPRISE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Secretary of the Navy
for fiscal year 2013 for inactivation execution of the U.S.S.
Enterprise (CVN 65) as specified in the funding table in
section 4301.
(b) Limitation.--The total amount obligated and expended by
the Secretary of the Navy for the inactivation execution of
the U.S.S. Enterprise may not exceed $708,000,000.
(c) Contract Authority.--
(1) In general.--Subject to the availability of funds under
subsection (a) and the condition in paragraph (2), the
Secretary of the Navy may enter into a contract during fiscal
year 2013 for the inactivation execution of the U.S.S.
Enterprise.
(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) 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 fiscal year.

Subtitle B--Energy and Environmental Provisions

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 in subsections (a)(5) and (c)(2), by striking
``fiscal years 2005 through 2013'' and inserting ``fiscal
years 2005 through 2018''.

SEC. 312. MODIFICATION OF DEFINITION OF CHEMICAL SUBSTANCE.

Section 3(2)(B)(v) of the Toxic Substances Control Act (15
U.S.C. 2602(2)(B)(v)) is amended by inserting ``, or any
component of any such article including, without limitation,
shot, bullets and other projectiles, propellants, and
primers'' before ``, and''.

SEC. 313. EXEMPTION OF DEPARTMENT OF DEFENSE FROM ALTERNATIVE
FUEL PROCUREMENT REQUIREMENT.

Section 526 of the Energy Independence and Security Act of
2007 (Public Law 110 140; 42 U.S.C. 17142) is amended by
adding at the end the following: ``This section shall not
apply to the Department of Defense.''.

SEC. 314. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT
OF ALTERNATIVE FUEL.

(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available during fiscal year 2013 for the
Department of Defense may be obligated or expended for the
production or purchase of any alternative fuel if the cost of
producing or purchasing the alternative fuel exceeds the cost
of producing or purchasing a traditional fossil fuel that
would be used for the same purpose as the alternative fuel.
(b) Exception.--Notwithstanding subsection (a), the
Secretary of Defense may purchase such limited quantities of
alternative fuels as are necessary to complete fleet
certification for 50/50 blends. In such instances, the
Secretary shall purchase such alternative fuel using
competitive procedures and ensure the best purchase price for
the fuel.

SEC. 315. PLAN ON ENVIRONMENTAL EXPOSURES TO MEMBERS OF THE
ARMED FORCES.

(a) Plan.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
a plan on the time line of the Secretary to develop a
material solution to measure environmental exposures to
members of the Armed Forces in the continental United States
and outside the continental United States.
(b) Matters Included.--The plan under subsection (a) shall
include the following:
(1) A time line for identifying relevant materiel solutions
that would facilitate the Secretary identifying members of
the Armed Forces who have individual exposures to
environmental hazards.
(2) A time line, and estimated cost, of developing and
deploying the material solution described in paragraph (1).
(3) A system for collecting and maintaining exposure data
and a description of the content required.
(4) An identification of the categories of environmental
exposures that will be tracked, including burn pits, dust or
sand, water contamination, hazardous materials, and waste.
(5) A summary of ongoing research into health consequences
of military environmental exposures and areas where
additional research is needed.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense

[[Page H2861]]

committees a briefing on the plan developed under subsection
(a).

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. DEPOT-LEVEL MAINTENANCE AND REPAIR.

(a) Amendments to Definition of Depot-level Maintenance and
Repair.--Section 2460 of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting after ``software'' the following: ``during
the course of a customary depot-level maintenance action'';
and
(B) by striking ``or the modification or rebuild of end-
items,'' and inserting ``retrofit, modification, upgrade, or
rebuild of end items, components,'';
(2) in paragraph (1)(B), by striking ``and'' at the end;
(3) in paragraph (2)(B), by striking ``change events made
to operational software, integration and testing'' and
inserting ``and change events (including integration and
testing) made to operational software'';
(4) in paragraph (2)(C), by striking the period and
inserting ``if the modifications or upgrades are being
applied during a customary depot-level maintenance action;
and''; and
(5) by adding at the end the following new paragraph:
``(3) excludes--
``(A) the nuclear refueling or defueling of an aircraft
carrier and any concurrent complex overhaul; and
``(B) the procurement of major modifications or upgrades
designed to significantly improve the performance or safety
of a weapon system or major end item.''.
(b) Amendments Relating to Core Depot-level Maintenance and
Repair Capabilities.--
(1) Associated capacity.--Section 2464(a)(3)(A) of title
10, United States Code, is amended by striking ``and capacity
required in paragraph (1)'' and inserting ``required in
paragraph (1) and the associated capacity to maintain those
capabilities in accordance with paragraph (2)''.
(2) Direct support of associated logistics capabilities.--
Section 2464(a)(3)(B) of such title is amended by inserting
``in direct support of depot-level maintenance and repair''
after ``associated logistics capabilities''.
(3) Time of fielding.--Section 2464(a)(3) of such title is
further amended by adding at the end the following new
sentence: ``If a weapon system or item of military equipment
does not have an officially scheduled initial operational
capability, the weapon system or item is considered fielded
at the time when, as part of combined or individual
operation, it provides a warfighting capability, unless the
Secretary waives this paragraph under subsection (b)(1)(A)
based on a determination that the system or item is not an
enduring element of the national defense strategy.''.
(3) Requirement to notify congress before issuance of
waiver.--Section 2464(b)(3) of such title is amended by
striking ``within 30 days of issuance'' and inserting ``at
least 30 days before issuance of the waiver''.
(4) Prohibition on delegation of certain waiver
authority.--Section 2464(b) of such title is amended by
adding at the end the following new paragraph:
``(4) The authority of the Secretary of Defense to waive
the requirement in subsection (a)(3) on the basis of a
determination under paragraph (1)(A) or (1)(B) may not be
delegated.''.
(5) Exclusion of nuclear aircraft carriers and special
access programs.--Section 2464 of such title is further
amended--
(A) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Exclusion of Nuclear Aircraft Carriers and Special
Access Programs.--(1) The requirement in subsection (a)(3)
shall not apply to nuclear aircraft carriers.
``(2) The requirement in subsection (a)(3) shall not apply
to special access programs.''.
(6) Annual special access program core capability review.--
Section 2464 of such title is further amended by adding at
the end the following new subsection:
``(i) Biennial Special Access Program Core Capability
Review.--Notwithstanding the inapplicability of subsection
(a)(3) to special access programs (as provided in subsection
(d)), the Secretary of Defense shall, not later than April 1
on each even-numbered year, conduct a review of each special
access program in existence during the two fiscal years
preceding the fiscal year during which the review is
conducted to determine the core depot maintenance and repair
capabilities required to provide a ready and controlled
source of technical competence, and the resources that would
be required to establish a core capability if it becomes
necessary. The Secretary of Defense shall include the results
of such review in the form of a classified annex to the
biennial core report required under subsection (f).''.
(7) Amendments for consistency in use of terms.--Section
2464 of such title is further amended--
(A) in subsection (a)(1), by striking ``a core depot-level
maintenance and repair capability'' and inserting ``core
depot-level maintenance and repair capabilities'';
(B) in subsection (a)(2), by striking ``This core depot-
level maintenance and repair capability'' and inserting ``The
core depot-level maintenance and repair capabilities required
in paragraph (1)''; and
(C) in subsection (e)(1), as redesignated by paragraph (5),
by striking ``a core depot-level maintenance and repair
capability'' and inserting ``core depot-level maintenance and
repair capabilities''.
(8) Conforming amendments.--Section 2464(b) of such title
is further amended--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by inserting ``or'' at the end of subparagraph (A);
and
(iii) by redesignating subparagraph (C) as subparagraph
(B);
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2) and in
that paragraph by striking ``or (2)''.

Subtitle D--Readiness

SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE AND
LOCAL GOVERNMENTS.

(a) Agreements Authorized.--Section 2391 of title 10,
United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(c) Intergovernmental Support Agreements With State and
Local Governments.--(1) The Secretary of the military
department concerned may enter into an intergovernmental
support agreement with a State or local government to
provide, receive, or share installation-support services when
such an agreement--
``(A) serves the best interests of the military department
by enhancing mission effectiveness or creating efficiencies
or economies of scale, including by reducing costs;
``(B) serves the best interest of State or local government
party to the agreement, as determined by the community's
particular circumstances; and
``(C) otherwise provides a mutual benefit to the military
department and the State or local government.
``(2) The authority provided by this subsection and
limitations on its use 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.
``(3) Funds available to the Secretary of the military
department concerned for installation support may be used to
reimburse a State or local government for providing
installation-support services pursuant to an agreement under
this subsection. Funds received by the Secretary as
reimbursement for providing installation-support services
pursuant to the agreement shall be credited to the
appropriation or account charged with providing installation
support.''.
(b) Installation-support Services Defined.--Subsection (e)
of section 2391 of title 10, United States Code, as
redesignated by subsection (a)(1) of this section, is amended
by adding at the end the following new paragraph:
``(4) The term `installation-support services' means those
services, supplies, resources, and support provided typically
by a local government, except that the term does not include
or authorize police or fire protection services.''.

SEC. 332. EXTENSION AND EXPANSION 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. 333. 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

[[Page H2862]]

(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. 334. CENTER OF EXCELLENCE FOR THE NATIONAL GUARD STATE
PARTNERSHIP PROGRAM.

(a) In General.--Chapter 5 of title 32, United States Code,
is amended by adding at the end the following new section:

``Sec.  510. Center of Excellence for the National Guard
State Partnership Program

``(a) Center Authorized.--The National Guard Bureau may
maintain a Center of Excellence for the National Guard State
Partnership Program (in this section referred to as the
`Center').
``(b) Center Authority and Purpose.--If the Center is
established, the Chief of the National Guard Bureau shall
administer the Center to provide training opportunities for
units and members of the regular 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 Center will provide accredited
instruction in partnership with a university program and
other internationally recognized institutions.
``(c) Conduct of Center.--The Chief of the National Guard
Bureau may provide for the conduct of the Center in such
State as the Chief considers appropriate.
``(d) Persons Eligible to Participate in Center Training.--
(1) The Chief of the National Guard Bureau may recommend
units and members of the National Guard to attend training at
the Center under section 502(f) of this title for not longer
than the duration of the training.
``(2) The Secretaries of the Army, Navy, Air Force, and
Marine Corps may detail units or members of their respective
regular or reserve components to attend training at the
Center. The Secretary of Homeland Security may detail members
of the Coast Guard to attend training and provide subject
matter expertise as requested.
``(e) Authorized Training.--The training authorized to be
provided by the Center involves such matters within the core
competencies of the National Guard and suitable for contacts
under the State Partnership Program as the Chief of the
National Guard Bureau specifies consistent with regulations
issued by the Secretary of Defense.
``(f) Center Personnel.--(1) The Chief of the National
Guard Bureau shall appoint an active member of the National
Guard to be the Commandant of the Center to administer and
lead the center.
``(2) The Center shall contain personnel authorizations
under a table of distribution and allowance that ensures
sufficient cadre and support to the Center and will be
assigned to the host State.
``(3) Personnel of the National Guard of any State may
serve on full-time National Guard duty for the purpose of
providing command, administrative, training, or supporting
services for the Center. For the performance of those
services, any personnel may be ordered to duty under section
502(f) of this title.
``(4) Employees of the Departments of Defense may be
detailed to the Center for the purpose of providing
additional training.
``(5) The National Guard Bureau may procure, by contract,
the temporary full time services of such civilian personnel
as may be necessary in carrying out the training provided by
the Center.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``510. Center for Excellence for the National Guard State Partnership
Program.''.

Subtitle E--Reports

SEC. 341. REPORT ON JOINT STRATEGY FOR READINESS AND TRAINING
IN A C4ISR-DENIED ENVIRONMENT.

(a) Report Required.--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, and
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. 342. 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. 343. 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), by inserting after ``justification
under law'' the following: ``and operational justification'';
and
(2) in paragraph (4), 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
Military Sealift Command, the Maritime Administration, or the
United States Transportation Command.''.

SEC. 344. 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''.

SEC. 345. GAO REPORT REVIEWING METHODOLOGY OF DEPARTMENT OF
DEFENSE RELATING TO COSTS OF PERFORMANCE BY
CIVILIAN EMPLOYEES, MILITARY PERSONNEL, AND
CONTRACTORS.

(a) Review Requirement.--The Comptroller General of the
United States shall 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'' 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.
(b) Consultation.--In conducting the review required by
subsection (a), the Comptroller General shall consult with
the Under Secretary of Defense for Personnel and Readiness,
the Director of Cost Assessment and Program Evaluation, the
Director of the Office of Management and Budget, and private
sector stakeholders.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the review required by subsection (a) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall contain the results of the
review and make recommendations for any statutory changes
that the Comptroller General determines are necessary to
ensure that the memorandum reviewed includes the actual,
relevant, and quantifiable

[[Page H2863]]

costs to taxpayers for Federal civilian employees, military
personnel, and contractors.

SEC. 346. REPORT ON MEDICAL EVACUATION POLICIES.

(a) In General.--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 and the
Comptroller General of the United States a report on the
policies, procedures, and guidelines of the Department of
Defense for helicopter evacuation of injured members of the
Armed Forces performed by--
(1) unarmed Army helicopters (in this section referred to
as ``MEDEVAC''); and
(2) armed Air Force helicopters (in this section referred
to as ``CASEVAC'').
(b) Contents.--The report submitted under subsection (a)
shall contain the following:
(1) The differences between armed escort helicopters that
accompany MEDEVAC helicopters and CASEVAC helicopters.
(2) The differences between Army and Air Force training of
MEDEVAC and CASEVAC air crews.
(3) The differences between the capacity of the Army and
the Air Force to care for wounded members of the Armed
Forces.
(4) The potential costs associated with--
(A) arming MEDEVAC helicopters;
(B) increasing the training of MEDEVAC air crews to be
comparable to the training of CASEVAC air crews; and
(C) increasing the quality of the avionics used in MEDEVAC
helicopters to be comparable to the quality of the avionics
used in CASEVAC helicopters.
(5) An analysis of the Army rescue goal, commonly known as
the ``golden hour'', which specifies a goal of transporting
an injured member of the Armed Forces to a military medical
treatment facility not later than 60 minutes after the
MEDEVAC unit receives notification of the injury, including
an analysis on--
(A) whether the 60-minute time period should begin at the
time of injury instead of at the time of notification;
(B) the usefulness of gathering information about survival
rates using additional different time periods; and
(C) the validity of the survival rate associated with the
``golden hour''.
(6) A comparison of the helicopter evacuation capabilities
in combat zones of--
(A) the Army;
(B) the Air Force;
(C) Special Operations Command; and
(D) armed forces of other countries that perform helicopter
evacuations in combat zones.
(7) An analysis of--
(A) the requirements under the Convention for the
Amelioration of the Condition of the Wounded and Sick in the
Armed Forces in the Field, done at Geneva, August 12, 1949 (6
UST 3114) and the related protocols with regard to the
weapons an aircraft may carry and still be considered a
medical aircraft (which, for purposes of such Convention and
protocols, means an aircraft exclusively employed for the
removal of wounded and sick and for the transport of medical
personnel and equipment) protected under such Convention, and
of the interpretations of and policies under such
requirements by the Department of Defense;
(B) the threats to MEDEVAC and CASEVAC air crews and assets
posed by unconventional forces that do not abide by
international law, military tradition, or custom, such as
insurgent or criminal organizations; and
(C) any strategies to respond to the threats identified in
subparagraph (B), as well as any legal or policy restrictions
to such responses based on the requirements, policies, and
interpretations identified in subparagraph (A).
(8) An explanation of how the survival rate of injured
members of the Armed Forces rescued by helicopter evacuation
is calculated.
(9) Information on the average number of injured members of
the Armed Forces that are evacuated during each MEDEVAC and
CASEVAC mission.
(c) Review by Comptroller General.--Not later than 120 days
after the date on which the Comptroller General receives the
report submitted by the Secretary of Defense under subsection
(a), the Comptroller General shall submit to the
congressional defense committees an analysis of such report.

Subtitle F--Limitations and Extensions of Authority

SEC. 351. REPEAL OF AUTHORITY TO PROVIDE CERTAIN MILITARY
EQUIPMENT AND FACILITIES TO SUPPORT CIVILIAN
LAW ENFORCEMENT AND EMERGENCY RESPONSE.

Section 372 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``(a) In General.--The
Secretary'' and inserting ``The Secretary''; and
(2) by striking subsection (b).

SEC. 352. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
DISESTABLISHMENT OF AEROSPACE CONTROL ALERT
LOCATIONS.

(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 disestablish or downgrade any of the
18 level 5 aerospace control alert defense locations in
existence as of the date of the enactment of this Act.
(b) Maintained Levels.--The Secretary of the Air Force
shall maintain the operational capabilities provided by the
18 level 5 aerospace control alert defense capabilities until
the later of the following dates:
(1) The date of the enactment of the National Defense
Authorization Act for Fiscal Year 2014.
(2) September 30, 2013.
(c) 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.
(d) Report.--
(1) Report to congress.--Not later than March 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 force structure plan of the
Department of Defense and the 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.

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.

(a) Limitation.--Except as provided by subsection (b), 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.
(b) Exception.--Notwithstanding subsection (a), the U.S.S.
Port Royal, CG 73, is authorized for retirement.
(c) Maintained Levels.--The Secretary of the Navy, in
supporting the operational requirements of the combatant
commands, shall maintain the operational capability and
perform the necessary maintenance of each cruiser and dock
landing ship belonging to the Navy until the later of the
following dates:
(1) The date of the enactment of the National Defense
Authorization Act for Fiscal Year 2014.
(2) September 30, 2013.

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--Other Matters

SEC. 361. RETIREMENT, ADOPTION, CARE, AND RECOGNITION OF
MILITARY WORKING DOGS.

(a) Retirement and Adoption of Military Working Dogs.--
(1) Retirement and reclassification of military working
dogs.--Section 2583 of title 10, United States Code, is
amended--
(A) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (e) the following new
subsections:
``(f) Classification of Military Working Dogs.--The
Secretary of Defense shall classify military working dogs as
canine members of the armed forces. Such dogs shall not be
classified as equipment.

[[Page H2864]]

``(g) 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.''.
(2) Acceptance of frequent traveler miles to facilitate
adoption.--Section 2613(d) of such title is amended--
(A) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) facilitating the adoption of a military working dog
under section 2583 of this title.''.
(b) Veterinary Care for Retired Military Working Dogs.--
(1) Veterinary care.--
(A) In general.--Chapter 50 of such title is amended by
adding at the end the following new section:

``Sec.  993. Military working dogs: veterinary care for
retired military working dogs

``(a) In General.--The Secretary of Defense shall establish
and maintain a system to provide for the veterinary care of
retired military working dogs.
``(b) Eligible Dogs.--(1) A retired military working dog
eligible for veterinary care under this section is any
military working dog adopted under section 2583 of this
title.
``(2) The veterinary care provided a military working dog
under this section shall be provided during the life of the
dog beginning on the date on which the dog is adopted under
such section 2583.
``(c) Administration.--(1) The Secretary shall administer
the system required by this section under a contract awarded
by the Secretary for that purpose.
``(2)(A) The contract under this subsection shall be
awarded to a private non-profit entity selected by the
Secretary from among such entities submitting an application
therefor that have such experience and expertise as the
Secretary considers appropriate for purposes of this
subsection.
``(B) An entity seeking the award of a contract under this
subsection shall submit to the Secretary an application
therefor in such form, and containing such information, as
the Secretary shall require.
``(3) The term of any contract under this subsection shall
be such duration as the Secretary shall specify.
``(d) Standards of Care.--(1) The veterinary care provided
under the system required by this section shall meet such
standards as the Secretary shall establish and from time to
time update.
``(2) The standards required by this subsection shall
include the following:
``(A) Provisions regarding the types of care to be provided
to retired military working dogs.
``(B) Provisions regarding the entities (including private
veterinarians and entities) qualified to provide the care.
``(C) Provisions regarding the facilities, including
military installations, government facilities, and private
facilities, in which the care may be provided.
``(D) A requirement that complete histories be maintained
on the health and use in research of retired military working
dogs.
``(E) Such other matters as the Secretary considers
appropriate.
``(3) The Secretary shall consult with the board of
directors of the non-profit private entity awarded the
contract under subsection (c) in establishing and updating
standards of care under this subsection.
``(e) Coverage of Costs.--(1) Except as provided in
paragraph (2), any costs of operation and administration of
the system required by this section, and of any veterinary
care provided under the system, shall be covered by such
combination of the following as the Secretary and the non-
profit entity awarded the contract under subsection (c)
jointly consider appropriate:
``(A) Contributions from the non-profit entity.
``(B) Payments for such care by owners or guardians of the
retired military working dogs receiving such care.
``(C) Other appropriate non-Federal sources of funds.
``(2) Funds provided by the Federal Government--
``(A) may not be used--
``(i) to provide veterinary care under the system required
by this section; or
``(ii) to pay for the normal operation of the non-profit
entity awarded the contract under subsection (c); and
``(B) may be used to carry out the duties of the Secretary
under subsections (a), (c), (d), and (f).
``(f) Regulations.--The Secretary shall prescribe
regulations for the discharge of the requirements and
authorities in this section, including regulations on the
standards of care required by subsection (d).''.
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``993. Military working dogs: veterinary care for retired military
working dogs.''.
(2) Regulations.--The Secretary of Defense shall prescribe
the regulations required by subsection (f) of section 993 of
title 10, United States Code (as added by paragraph (1)), not
later than 180 days after the date of the enactment of this
Act.
(c) Recognition of Service of Military Working Dogs.--
Section 1125 of such title is amended--
(1) by inserting ``(a) General Authority.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall create a decoration or other
appropriate recognition to recognize military working dogs
under the jurisdiction of the Secretary that are killed in
action or perform an exceptionally meritorious or courageous
act in service to the United States.''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

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, 330,383.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.

Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 552,100.
``(2) For the Navy, 322,700.
``(3) For the Marine Corps, 197,300.
``(4) For the Air Force, 330,383.''.

SEC. 403. LIMITATIONS ON END STRENGTH REDUCTIONS FOR REGULAR
COMPONENT OF THE ARMY AND MARINE CORPS.

(a) Annual Certification.--Subject to subsections (b) and
(c), if the President determines that a reduction in end
strength of the regular component of the Army or Marine Corps
(or both) is necessary for any of fiscal years 2014 through
2017, the President shall submit to Congress, with the budget
request for that fiscal year, a certification that the
reduction in end strength, should the assumptions of the
National Security Strategy prescribed by the President in the
most recent annual national security strategy report under
section 108 of the National Security Act of 1947 (50 U.S.C.
404a) prove to be incorrect, will not--
(1) undermine the ability of the Armed Forces to meet the
requirements of the National Security Strategy;
(2) increase security risks for the United States; or
(3) compel members of the Armed Forces to endure diminished
dwell time and repeated deployments.
(b) Annual Limitation on Reductions.--
(1) Army.--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.
(2) Marine corps.--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.
(c) Budgeting Requirement.--The budget for the Department
of Defense for each of fiscal years 2014 through 2017 as
submitted to Congress--
(1) shall include amounts for maintaining an end strength
of the regular component of the Army and the Marine Corps
sufficient to comply with the active duty end strengths
prescribed in section 691(b) of title 10, United States Code;
and
(2) shall not rely on any emergency, supplemental, or
overseas contingency operations funding.

SEC. 404. EXCLUSION OF MEMBERS WITHIN THE INTEGRATED
DISABILITY EVALUATION SYSTEM FROM END STRENGTH
LEVELS FOR ACTIVE FORCES.

(a) Exclusion.--A member of the Armed Forces who is within
the Integrated Disability Evaluation System as of the last
day of any of fiscal years 2013 through 2018 shall not be
counted toward the end strength levels for active duty
members of the Armed Forces prescribed for that fiscal year.
(b) Funding Source.--The Secretary of Defense shall use
funds authorized to be appropriated for overseas contingency
operations being carried out by the Armed Forces to cover any
military personnel expenses incurred as a result of the
exclusion under subsection (a) of members of the Armed Forces
from the end strengths levels for active forces.

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, 106,005.
(6) The Air Force Reserve, 72,428.
(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

[[Page H2865]]

(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, 14,952.
(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,
22,272.
(4) For the Air Force Reserve, 10,946.

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.

(a) Additional Flag Officer Authorized.--Section 526(a)(2)
of title 10, United States Code, is amended by striking
``160'' and inserting ``161''.
(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.

SEC. 502. 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. 503. AIR FORCE CHIEF AND DEPUTY 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 and Deputy 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) Deputy Chief of Chaplains.--(1) There is a Deputy
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;
``(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 Deputy 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 Deputy Chief of Chaplains shall perform such
duties as may be prescribed by the Secretary of the Air Force
and the Chief of Chaplains and by law.
``(c) 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 or the Deputy 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.''.
(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 and Deputy Chief of Chaplains: appointment; duties.''.

SEC. 504. 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. 505. 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. 506. 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
forces 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--
``(i) for officers of the Army, Navy, and Air Force, may
not exceed five percent of the authorized active-duty
strength for that fiscal year for officers of that armed
force in those grades; and
``(ii) for officers of the Marine Corps, may not exceed 10
percent of the authorized active-duty

[[Page H2866]]

strength for that fiscal year for officers in those
grades.''.

SEC. 507. DIVERSITY IN MILITARY LEADERSHIP 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 shall develop and
implement a plan to accurately measure the efforts of the
Department of Defense 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, 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 shall continue to account for diversified language
and cultural skills among the total force of the military.
``(b) Metrics to Measure Progress in Developing and
Implementing Plan.--In developing and implementing the plan
under subsection (a), the Secretary of Defense 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,
functional expertise, and diversified cultural and language
skills as to leverage and improve readiness; 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 shall develop a uniform definition of diversity.
``(d) Consultation.--Not less than annually, the Secretary
of Defense shall meet with the Secretaries of the military
departments, the Joint Chiefs of Staff, 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(c) of such title is amended by adding at the end the
following new paragraphs:
``(4) 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.
``(5) The number of members of the armed forces, including
reserve components, listed by sex and race or ethnicity for
each rank under each military department.
``(6) The number of members of the armed forces, including
reserve components, who were promoted during the year covered
by the report, listed by sex and race or ethnicity for each
rank under each military department.
``(7) 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 sex and race or ethnicity for each rank
under each military department.
``(8) 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.''.

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 for 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 of the
Joint Chiefs of Staff; 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 of the Joint Chiefs
of Staff; 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, 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 for 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
prescribe 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.''.

Subtitle C--General Service Authorities

SEC. 521. MODIFICATIONS TO CAREER INTERMISSION PILOT PROGRAM.

(a) Extension of Programs to Include Active Guard and
Reserve Personnel.--Subsection (a)(1) of section 533 of
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110 417; 122 Stat. 4449; 10 U.S.C. 701
prec.) is amended by inserting after ``officers and enlisted
members of the regular components'' the following: ``, and
members of the Active Guard and Reserve (as defined in
section 101(b)(16) 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) by striking ``for purposes of the entitlement'' and
inserting ``for purposes of--
``(1) the entitlement'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) 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. 522. 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 nurse practitioner''; and

[[Page H2867]]

(2) in paragraph (3), by striking ``or psychiatrist'' and
inserting ``, psychiatrist, licensed clinical social worker,
or psychiatric nurse practitioner''.

SEC. 523. AUTHORITY TO ACCEPT VOLUNTARY SERVICES TO ASSIST
DEPARTMENT OF DEFENSE EFFORTS TO ACCOUNT FOR
MISSING PERSONS.

Section 1501(a)(6) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) Notwithstanding section 1342 of title 31, the
Secretary of Defense may accept voluntary services provided
by individuals or non Federal entities to further the
purposes of this chapter.''.

SEC. 524. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS OF THE ARMED
FORCES UPON BIRTH OR ADOPTION OF A CHILD.

Section 701 of title 10, United States Code, is amended--
(1) by striking subsections (i) and (j) and inserting the
following new subsection:
``(i)(1) A member of the armed forces who gives birth to a
child or who adopts a child in a qualifying child adoption
and will be primary caregiver for the adopted child shall
receive 42 days of leave after the birth or adoption to be
used in connection with the birth or adoption of the child.
``(2) A married member of the armed forces on active duty
whose wife gives birth to a child or who adopts a child in a
qualifying child adoption, but will not be primary caregiver
for the adopted child, shall receive 10 days of leave to be
used in connection with the birth or adoption of the child.
``(3) If two members of the armed forces who are married to
each other adopt a child in a qualifying child adoption, only
one of the members may be designated as primary caregiver for
purposes of paragraph (1). In the case of a dual-military
couple, the member authorized leave under paragraph (1) and
the member authorized leave under paragraph (2) may utilize
the leave at the same time.
``(4) For the purpose of this subsection, an adoption of a
child by a member is a qualifying child adoption if the
member is eligible for reimbursement of qualified adoption
expenses for such adoption under section 1052 of this title.
``(5) Leave authorized under this subsection is in addition
to other leave provided under other provisions of this
section.
``(6) The Secretary of Defense may prescribe such
regulations as may be necessary to carry out this
subsection.''; and
(2) by redesignating subsection (k) as subsection (j).

SEC. 525. COMMAND RESPONSIBILITY AND ACCOUNTABILITY FOR
REMAINS OF MEMBERS OF THE ARMY, NAVY, AIR
FORCE, AND MARINE CORPS WHO DIE OUTSIDE THE
UNITED STATES.

Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall take such steps as
may be necessary to ensure that there is continuous,
designated military command responsibility and accountability
for the care, handling, and transportation of the remains of
each deceased member of the Army, Navy, Air Force, or Marine
Corps who died outside the United States, beginning with the
initial recovery of the remains, through the defense mortuary
system, until the interment of the remains or the remains are
otherwise accepted by the person designated as provided by
section 1482(c) of title 10, United States Code, to direct
disposition of the remains.

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. COMPLIANCE WITH MEDICAL PROFILES ISSUED FOR MEMBERS
OF THE ARMED FORCES.

(a) Compliance Requirement.--The Secretary of a military
department shall ensure that commanding officers--
(1) do not prohibit or otherwise restrict the ability of
physicians and other licensed health-care providers to issue
a medical profile for a member of the Armed Forces; and
(2) comply with the terms of a medical profile issued to a
member of the Armed Forces is assigning duties to the member.
(b) Limited Waiver Authority.--The first general officer or
flag officer in the chain of command of a member of the Armed
Forces covered by a medical profile may authorize, on a case-
by-case basis, a temporary waiver of the compliance
requirement imposed by subsection (a)(2) if the officer
determines that the assignment of duties to the member in
violation of the terms of the medical profile is vital to
ensuring the readiness of the member and the unit.
(c) Medical Profile Defined.--In this section, the term
``medical profile'', with respect to a member of the Armed
Forces, means a limitation imposed by a physician or other
licensed health-care provider on the physical activity of the
member on account of an illness or injury to facilitate the
member's recovery or reduce the seriousness of the illness or
injury.

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: ``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 chapters 47 (the Uniform
Code of Military Justice) and 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 ``or
senior members of his staff'' and inserting ``, the Staff
Judge Advocate to the Commandant of the Marine Corps, or
senior members of their staffs''.
(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. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY
REGARDING CHARGES INVOLVING CERTAIN SEXUAL
MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.

(a) Persons Who May Exercise Disposition Authority.--
(1) Disposition authority.--With respect to any charge
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice) that alleges an offense specified
in paragraph (2), the Secretary of Defense shall require the
Secretaries of the military departments to restrict
disposition authority under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) to
officers of the Armed Forces who have the authority to
convene special courts-martial under section 823 of such
chapter (article 23 of the Uniform Code of Military Justice),
but no lower than the first colonel, or in the case of the
Navy, the first captain, with a legal advisor (or access to a
legal advisor) in the chain of command of the person accused
of committing the offense.
(2) Covered offenses.--Paragraph (1) applies with respect
to a charge that alleges any of the following offenses under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice):
(A) Rape or sexual assault under subsection (a) or (b) of
section 920 of such chapter (article 120).
(B) Forcible sodomy under section 925 of such chapter
(article 125).
(C) An attempt to commit an offense specified in paragraph
(1) or (2), as punishable under section 880 of such chapter
(article 80).
(b) Implementation.--
(1) Service secretaries.--The Secretaries of the military
departments shall revise policies and procedures as necessary
to comply with subsection (a).
(2) Secretary of defense.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall recommend such changes to the Manual for
Courts-Martial as are necessary to ensure compliance with
subsection (a).
(c) Recommendation of Additional Changes to Manual for
Courts-Martial or UCMJ Policy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall make recommendations for additional changes to
the Manual for Courts-Martial or to Department of Defense
policies that would--
(1) ensure the consideration of the material facts
regarding an alleged offense specified in subsection (a)(2)
or other sexual offense under sections 920 through 920c of
title 10, United States Code (articles 120 through 120c of
the Uniform Code of Military Justice) is given precedence
over the consideration of the character of the military
service of the person accused of the sexual offense; and
(2) require all commanders who receive a report or
complaint alleging an offense specified in subsection (a)(2)
to refer the report or complaint to the Defense Criminal
Investigative Service, Army Criminal Investigative Command,
Naval Criminal Investigative Service, or Air Force Office of
Special Investigations, as the case may be.

[[Page H2868]]

SEC. 533. INDEPENDENT REVIEW AND ASSESSMENT OF UNIFORM CODE
OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF
SEXUAL ASSAULT CASES.

(a) Independent Review and Assessment.--The Secretary of
Defense shall establish an independent panel to conduct an
independent review and assessment of judicial proceedings
under the Uniform Code of Military Justice involving sexual
assault and related offenses for the purpose of developing
potential improvements to such proceedings.
(b) Independent Panel for Review.--
(1) Composition.--The panel shall be composed of five
members, appointed by the Secretary of Defense from among
private United States citizens who have expertise in military
law, civilian law, prosecution of sexual assaults in Federal
criminal court, military justice policies, the missions of
the Armed Forces, or offenses relating to rape, sexual
assault, and other sexual misconduct under the Uniform Code
of Military Justice.
(2) Chair.--The chair of the panel shall be appointed by
the Secretary from among the members of the panel appointed
under paragraph (1).
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the panel. Any vacancy in the panel
shall be filled in the same manner as the original
appointment.
(4) Deadline for appointments.--All original appointments
to the panel shall be made not later than 120 days after the
date of the enactment of this Act.
(5) Meetings.--The panel shall meet at the call of the
chair.
(6) First meeting.--The chair shall call the first meeting
of the panel not later than 60 days after the date of the
appointment of all the members of the panel.
(7) Duration.--The panel shall expire on September 30,
2017.
(c) Duties.--
(1) Annual report on implementation of ucmj amendments.--
The panel shall prepare annual reports regarding the
implementation of the reforms to the offenses relating to
rape, sexual assault, and other sexual misconduct under the
Uniform Code of Military Justice enacted by section 541 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112 81; 125 Stat. 1404).
(2) Review and consultation.--In preparing the reports, the
panel shall review, evaluate, and assess the following:
(A) The advisory sentencing guidelines given by judges in
Federal courts and how those guidelines compare to advisory
sentencing guidance provided to panels rendering punishments
in court-martial proceedings, including whether it would be
more beneficial for advisory sentencing guidelines to be
provided to panels or for discretion to be given to judges
regarding whether to issue advisory sentencing guidelines.
(B) The punishments or administrative actions taken in
response to sexual assault court-martial proceedings,
including the number of punishments or administrative actions
taken as rendered by a panel and the number of punishments or
administrative actions rendered by a judge and the
consistency and proportionality of the decisions,
punishments, and administrative actions to the facts of each
case compared with Federal and State criminal courts.
(C) The court-martial convictions of sexual assaults in the
year covered by the report and the number and description of
instances when punishments were reduced upon appeal and the
instances in which the defendant appealed following a plea
agreement, if such information is available.
(D) The number of instances in which the previous sexual
conduct of the alleged victim was considered in Article 32
proceedings and any instances where previous sexual conduct
was deemed to be inadmissible.
(E) The number of instances in which evidence of the
previous sexual conduct of the alleged victim was introduced
by the defense in a court-martial what impact that evidence
had on the case.
(F) The training level of defense and prosecution trial
counsel, including an inventory of the experience of JAG lead
trial counsel in each instance and any existing standards or
requirements for lead counsel, including their experience in
defending or prosecuting sexual assault and related offenses.
(G) Such other matters and materials as the panel considers
appropriate for purposes of the reports.
(3) Utilization of other studies.--In preparing the
reports, the panel may review, and incorporate as
appropriate, the findings of applicable ongoing and completed
studies.
(4) First report.--Not later than 180 days after its first
meeting, the panel shall submit to the Secretary of Defense
and the Committees on Armed Services of the Senate and the
House of Representatives its first report under this
subsection. The panel shall include proposals for such
legislative or administrative action as the panel considers
appropriate in light of its review.
(d) Powers of Panel.--
(1) Hearings.--The 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 the panel, any department or agency of the Federal
Government may provide information that the panel considers
necessary to carry out its duties under this section.
(e) Personnel Matters.--
(1) Pay of members.--Members of the panel shall serve
without pay by reason of their work on the panel.
(2) Travel expenses.--The members of the 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.

SEC. 534. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION
OF REPORTS OF SEXUAL ASSAULT.

(a) Collection.--The Secretary of Defense shall require
that the Secretary of each military department establish a
record on the disposition of any report of sexual assault,
whether such disposition is court martial, nonjudicial
punishment, or other administrative action. The record of any
such disposition shall include the following, as appropriate:
(1) Documentary information collected about the incident
reported, other than investigator case notes.
(2) 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 and local court and other sentencing,
or any other punishment imposed.
(3) Administrative actions taken, if any.
(4) Any pertinent referrals offered as a result of the
incident (such as drug and alcohol counseling and other types
of counseling or intervention).
(b) Retention.--The Secretary of Defense shall require
that--
(1) the records established pursuant to subsection (a) be
retained by the Department of Defense for a period of not
less than 20 years; and
(2) a copy of such records be maintained at a centralized
location for the same period as applies to retention of the
records under paragraph (1).

SEC. 535. BRIEFING, PLAN, AND RECOMMENDATIONS REGARDING
EFFORTS TO PREVENT AND RESPOND TO HAZING
INCIDENTS INVOLVING MEMBERS OF THE ARMED
FORCES.

(a) Briefing and Plan Required.--Not later than May 1,
2013, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of
Representatives a briefing and plan that outlines efforts by
the Department of Defense--
(1) to prevent the hazing of members of the Armed Forces by
other members of the Armed Forces; and
(2) to respond to and resolve alleged hazing incidents
involving members of the Armed Forces, including the
prosecution of offenders through the use of punitive articles
under subchapter X of chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
(b) Database.--The plan required by subsection (a) shall
include the establishment of a database for the purpose of
improving the ability of the Department of Defense--
(1) to determine the extent to which hazing incidents
involving members of the Armed Forces are occurring and the
nature of such hazing incidents; and
(2) to track, respond to, and resolve hazing incidents
involving members of the Armed Forces.
(c) Recommendations.--As part of the briefing required by
subsection (a), the Secretary of Defense shall submit such
recommendations for changes to the Uniform Code of Military
Justice and the Manual for Courts-Martial as the Secretary of
Defense considers necessary to improve the prosecution of
hazing incidents.
(d) Consultation.--The Secretary of Defense shall prepare
the plan, database, and recommendations required by this
section in consultation with the Secretaries of the military
departments.
(e) Hazing Described.--For purposes of carrying out this
section, the Secretary of Defense shall use the definition of
hazing contained in the August 28, 1997, Secretary of Defense
Policy Memorandum, which defined hazing as any conduct
whereby a member of the Armed Forces, regardless of branch or
rank, without proper authority causes another member to
suffer, or be exposed to, any activity which is cruel,
abusive, humiliating, oppressive, demeaning, or harmful.
Soliciting or coercing another person to perpetrate any such
activity is also considered hazing. Hazing need not involve
physical contact among or between members of the Armed
Forces. Hazing can be verbal or psychological in nature.
Actual or implied consent to acts of hazing does not
eliminate the culpability of the perpetrator.

SEC. 536. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF
THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.

(a) Protection.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1034 the
following new section:

``Sec.  1034a. Protection of rights of conscience of members
of the Armed Forces and chaplains of such members

``(a) Protection of Rights of Conscience.--The Armed Forces
shall accommodate the conscience and sincerely held moral
principles and religious beliefs of the members of the Armed
Forces concerning the appropriate and inappropriate
expression of human sexuality and may not use such
conscience, principles, or beliefs as the basis of any
adverse personnel action, discrimination, or denial of
promotion, schooling, training, or assignment. Nothing in
this subsection precludes disciplinary action for conduct
that is proscribed by chapter 47 of this title (the Uniform
Code of Military Justice).
``(b) Protection of Chaplains.--(1) For purposes of this
title, a military chaplain is--
``(A) a certified religious leader or clergy of a faith
community who, after satisfying the professional and
educational requirements of the

[[Page H2869]]

commissioning service, is commissioned as an officer in the
Chaplains Corps of one of the branches of the Armed Forces;
and
``(B) a representative of the faith group of the chaplain,
who remains accountable to the endorsing faith group for the
religious ministry involved to members of the Armed Forces,
to--
``(i) provide for the religious and spiritual needs of
members of the Armed Forces of that faith group; and
``(ii) facilitate the religious needs of members of the
Armed Forces of other faith groups.
``(2) No member of the Armed Forces may--
``(A) direct, order, or require 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
``(B) 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 direction, order, or requirement
prohibited by subparagraph (A).
``(c) Regulations.--The Secretary of Defense shall issue
regulations implementing the protections afforded by this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by inserting after the item relating to section 1034
the following new item:
1034a. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.

SEC. 537. USE OF MILITARY INSTALLATIONS AS SITES FOR MARRIAGE
CEREMONIES OR MARRIAGE-LIKE CEREMONIES.

A military installation or other property owned or rented
by, or otherwise under the jurisdiction or control of, the
Department of Defense may not be used to officiate,
solemnize, or perform a marriage or marriage-like ceremony
involving anything other than the union of one man with one
woman.

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) Effective date.--The transfer under paragraph (1) shall
take effect on the first day of the first month beginning
more than 90 days after the date of the enactment of this
Act, or 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; 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 to 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 obtain certification or
licensing as elementary school teachers, secondary school
teachers, or career or technical teachers; 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 under 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

[[Page H2870]]

``(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
obtain certification or licensing as an elementary school
teacher, secondary school teacher, or career or technical
teacher; 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 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 obtain teacher certification
or licensing 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.--Subparagraph (C) of section
1142(b)(4) of such title is amended by striking ``section
2302'' and all that follows through the end of the
subparagraph and inserting ``under section 1154 of this
title.''.
(d) Termination of Department of Education Troops-to-
Teachers Program.--
(1) Termination.--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 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) Authority to Support Programs.--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.--The Secretary of the Navy may enter into
agreements, including cooperative agreements (as described in
section 6305 of title 31), with the Naval Academy Athletic
Association and its successors and assigns (in this section
referred to as the `association') to manage any aspect of the
athletic and physical fitness programs of the Naval Academy.
``(b) Authority to Provide Support to Association.--(1) The
Secretary of the Navy may to transfer funds to the
association to pay expenses incurred by the association in
managing the athletic and physical fitness programs of the
Naval Academy.
``(2) The Secretary may provide personal property and the
services of members of the naval service and civilian
personnel of the Department of the Navy to assist the
association in managing the athletic and physical fitness
programs of the Naval Academy.

[[Page H2871]]

``(c) Acceptance of Gifts From the Association.--The
Secretary of the Navy may accept from the association funds,
supplies, and services for the support of the athletic and
physical fitness programs of the Naval Academy.
``(d) Receipt and Retention of Funds From Association and
Other Sources.--(1) The Secretary of the Navy may receive
from the association funds generated by the athletic and
physical fitness programs of the Naval Academy and any other
activity of the association and to retain and use such funds
to further the mission of the Naval Academy. Receipt and
retention of such funds shall be subject to oversight by the
Secretary.
``(2) The Secretary may accept, use, and retain funds from
the National Collegiate Athletic Association and to transfer
all or part of those funds to the association for the support
of the athletic and physical fitness programs of the Naval
Academy.
``(e) User Fees.--The Secretary of the Navy may charge user
fees to the association for the association's use of Naval
Academy facilities for the conduct of summer athletic camps.
Fees collected under this subsection may be retained for use
in support of the Naval Academy athletic program and shall
remain available until expended.
``(f) Licensing, Marketing, and Sponsorship Agreements.--
(1) The Secretary of the Navy may enter into an agreement
with the association authorizing the association to represent
the Department of the Navy in connection with licensing,
marketing, and sponsorship agreements relating to trademarks
and service marks identifying the Naval Academy, to the
extent authorized by the Chief of Naval Research and in
accordance with sections 2260 and 5022 of this title.
``(2) Notwithstanding section 2260(d)(2) of this title, any
funds generated by the licensing, marketing, and sponsorship
under a agreement entered into under paragraph (1) may be
accepted, used, and retained by the Secretary, or transferred
by the Secretary to the association, for--
``(A) payment of the costs of securing trademark
registrations and operating of licensing programs; or
``(B) supporting the athletic and physical fitness programs
of the Naval Academy.
``(g) Authorized Service on Board of Directors.--The
Secretary may authorize members of the naval service and
civilian personnel of the Department of the Navy to serve in
accordance with sections 1033 and 1589 of this title as
members of the governing board of the association.
``(h) Conditions.--The authority provided in this section
with respect to the association is available only so long as
the association continues--
``(1) to qualify as a nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986
``(2) to operate in accordance with this section, the laws
of the State of Maryland, and the constitution and bylaws of
the association; and
``(3) to operate exclusively to support the athletic and
physical fitness programs of the Naval Academy.
``(i) Congressional Notification.--Not later than 60 days
after the date on which the Secretary of the Navy enters into
an agreement under the authority of this section, the
Secretary shall provide a copy of the agreement to the
congressional defense committees.''.
(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. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REVIEW OF
ACCESS TO MILITARY INSTALLATIONS BY
REPRESENTATIVES OF FOR-PROFIT EDUCATIONAL
INSTITUTIONS.

(a) Review Required.--The Inspector General of the
Department of Defense shall 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.
(b) Elements of Review.--The review shall determine at a
minimum the following:
(1) The extent to which representatives of for-profit
educational institutions are accessing military installations
for marketing and recruitment purposes.
(2) Whether there uniform and robust enforcement of DOD
Directive 1344.07.
(3) Whether additional Department rules, policies, or
oversight mechanisms should be put in place to regulate such
practices.
(c) Inspector General Access.--The Secretary of Defense
shall ensure that the Inspector General has access to all
Department of Defense records and military installations for
the purpose of conducting the review.

Subtitle F--Decorations and Awards

SEC. 551. ISSUANCE OF PRISONER-OF-WAR MEDAL.

Section 1128(a)(4) of title 10, United States Code, is
amended by striking ``that are hostile to the United
States,''.

SEC. 552. 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.

(a) Award Required.--The Secretary of the military
department concerned shall award the Purple Heart to the
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.
(b) Exception.--Subsection (a) shall not apply to a member
of the Armed Forces whose wound was the result of the willful
misconduct of the member.

Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters

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.--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 (Public Law 109 163; 20 U.S.C. 7703b).
(c) 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. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN
WHO WERE CARRIED DURING PREGNANCY AT THE TIME
OF DEPENDENT-ABUSE OFFENSE COMMITTED BY AN
INDIVIDUAL WHILE A MEMBER OF THE ARMED FORCES.

(a) Definition of Dependent Child.--Subsection (l) of
section 1059 of title 10, United States Code, is amended in
the matter preceding paragraph (1) by striking ``at the time
of the dependent-abuse offense resulting in the separation of
the former member'' and inserting ``or eligible spouse or
former 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) Determination of Payment Amount.--Subsection (f) of
such section is amended by adding at the end the following
new paragraph:
``(4) A payment to a child under this section shall not
cover any period during which the child was in utero.''.
(c) 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. 563. 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) 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.''.

[[Page H2872]]

SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
PARENTS WHO ARE MEMBERS OF THE ARMED FORCES.

(a) Child Custody Protection.--Title II of the
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.)
is amended by adding at the end the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

``(a) Restriction on Temporary Custody Order.--If a court
renders a temporary order for custodial responsibility for a
child based solely on a deployment or anticipated deployment
of a parent who is a servicemember, then the court shall
require that, upon the return of the servicemember from
deployment, the custody order that was in effect immediately
preceding the temporary order shall be reinstated, unless the
court finds that such a reinstatement is not in the best
interest of the child, except that any such finding shall be
subject to subsection (b).
``(b) Exclusion of Military Service From Determination of
Child's Best Interest.--If a motion or a petition is filed
seeking a permanent order to modify the custody of the child
of a servicemember, no court may consider the absence of the
servicemember by reason of deployment, or the possibility of
deployment, in determining the best interest of the child.
``(c) No Federal Jurisdiction or Right of Action or
Removal.--Nothing in this section shall create a Federal
right of action or otherwise give rise to Federal
jurisdiction or create a right of removal.
``(d) Preemption.--In any case where State law applicable
to a child custody proceeding involving a temporary order as
contemplated in this section provides a higher standard of
protection to the rights of the parent who is a deploying
servicemember than the rights provided under this section
with respect to such temporary order, the appropriate court
shall apply the higher State standard.
``(e) Deployment Defined.--In this section, the term
`deployment' means the movement or mobilization of a
servicemember to a location for a period of longer than 60
days and not longer than 18 months pursuant to temporary or
permanent official orders--
``(1) that are designated as unaccompanied;
``(2) for which dependent travel is not authorized; or
``(3) that otherwise do not permit the movement of family
members to that location.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to title II the following new item:
``208. Child custody protection.''.

SEC. 565. TREATMENT OF RELOCATION OF MEMBERS OF THE ARMED
FORCES FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE
REFINANCING.

(a) In General.--Title III of the Servicemembers Civil
Relief Act is amended by inserting after section 303 (50
U.S.C. App. 533) the following new section:

``SEC. 303A. TREATMENT OF RELOCATION OF SERVICEMEMBERS FOR
ACTIVE DUTY FOR PURPOSES OF MORTGAGE
REFINANCING.

``(a) Treatment of Absence From Residence Due to Active
Duty.--While a servicemember who is the mortgagor under an
existing mortgage does not reside in the residence that
secures the existing mortgage because of a relocation
described in subsection (c)(1)(B), if the servicemember
inquires about or applies for a covered refinancing mortgage,
the servicemember shall be considered, for all purposes
relating to the covered refinancing mortgage (including such
inquiry or application and eligibility for, and compliance
with, any underwriting criteria and standards regarding such
covered refinancing mortgage) to occupy the residence that
secures the existing mortgage to be paid or prepaid by such
covered refinancing mortgage as the principal residence of
the servicemember during the period of such relocation.
``(b) Limitation.--Subsection (a) shall not apply with
respect to a servicemember who inquires about or applies for
a covered refinancing mortgage if, during the 5-year period
preceding the date of such inquiry or application, the
servicemember entered into a covered refinancing mortgage
pursuant to this section.
``(c) Definitions.--In this section:
``(1) Existing mortgage.--The term `existing mortgage'
means a mortgage that is secured by a 1- to 4-family
residence, including a condominium or a share in a
cooperative ownership housing association, that was the
principal residence of a servicemember for a period that--
``(A) had a duration of 13 consecutive months or longer;
and
``(B) ended upon the relocation of the servicemember caused
by the servicemember receiving military orders for a
permanent change of station or to deploy with a military
unit, or as an individual in support of a military operation,
for a period of not less than 18 months that did not allow
the servicemember to continue to occupy such residence as a
principal residence.
``(2) Covered refinancing mortgage.--The term `covered
refinancing mortgage' means any mortgage that--
``(A) is made for the purpose of paying or prepaying, and
extinguishing, the outstanding obligations under an existing
mortgage or mortgages; and
``(B) is secured by the same residence that secured such
existing mortgage or mortgages.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:
``303A. Treatment of relocation of servicemembers for active duty for
purposes of mortgage refinancing.''.

SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW
RIBBON DAY.

(a) Findings.--Congress makes the following findings:
(1) The hopes and prayers of the American people for the
safe return of members of the Armed Forces serving overseas
are demonstrated through the proud display of yellow ribbons.
(2) The designation of a ``Yellow Ribbon Day'' would serve
as an additional reminder for all Americans of the continued
sacrifice of members of the Armed Forces.
(3) Yellow Ribbon Day would also recognize the history and
meaning of the Yellow Ribbon as the symbol of support for
members of the Armed Forces and American civilians serving in
combat or crisis situations overseas.
(b) Sense of Congress.--Congress supports the goals and
ideals of Yellow Ribbon Day, observed on April 9th each year,
in honor of members of the Armed Forces and American
civilians who are serving overseas in defense of the United
States apart from their families and loved ones.

Subtitle H--Improved Sexual Assault Prevention and Response in the
Armed Forces

SEC. 571. ESTABLISHMENT OF SPECIAL VICTIM TEAMS TO RESPOND TO
ALLEGATIONS OF CHILD ABUSE, SERIOUS DOMESTIC
VIOLENCE, OR SEXUAL OFFENSES.

(a) Establishment Required.--The Secretary of each military
department shall establish special victim teams for the
purpose 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.--A special victim team shall be comprised of
specially trained and selected--
(1) investigators from the Defense Criminal Investigative
Service, 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 each military department shall prescribe
standards for the training, selection, and certification of
personnel for special victim teams established by that
Secretary.
(d) Time for Establishment.--
(1) Discretion regarding number of teams needed.--The
Secretary of a military department shall determine the total
number of special victim teams to be established, and
prescribe regulations for their management and use, in order
to provide effective, timely, and responsive world-wide
support for the purposes described in subsection (a). Not
later than 270 days after the date of the enactment of this
Act, each Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
plan and time line for the establishment of the special
victim teams that the Secretary has determined are needed.
(2) Initial team.--Not later than one year after the date
of the enactment of this Act, the Secretary of each military
department shall have available for use at least one special
victim team.
(e) Evaluation of Effectiveness.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall prescribe the common criteria to be used by the
Secretaries of the military departments to measure the
effectiveness and impact of the special victim teams from the
investigative, prosecutorial, and victim's perspectives, and
require the Secretaries of the military departments to
collect and report the data required by the Secretary of
Defense.
(f) Special Victim Team Defined.--In this section, the term
``special victim team'' 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 a special
victim team be created as separate military unit or have a
separate chain of command.

SEC. 572. 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) 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

[[Page H2873]]

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. 573. ENHANCEMENT TO REQUIREMENTS FOR AVAILABILITY OF
INFORMATION ON SEXUAL ASSAULT PREVENTION AND
RESPONSE RESOURCES.

(a) Required Posting of Information on Sexual Assault
Prevention and Response Resources.--
(1) Posting.--The Secretary of Defense shall require that
there be prominently posted, in accordance with paragraph
(2), notice of the following information relating to sexual
assault prevention and response, in a form designed to ensure
visibility and understanding:
(A) Resource information for members of the Armed Forces,
military dependents, and civilian personnel of the Department
of Defense with respect to prevention of sexual assault and
reporting of incidents of sexual assault.
(B) Contact information for personnel who are designated as
Sexual Assault Response Coordinators and Sexual Assault
Victim Advocates.
(C) The Department of Defense ``hotline'' telephone number,
referred to as the Safe Helpline, for reporting incidents of
sexual assault, or any successor operation.
(2) Posting placement.--Posting under subsection (a) shall
be at the following locations, to the extent practicable:
(A) Any Department of Defense duty facility.
(B) Any Department of Defense dining facility.
(C) Any Department of Defense multi-unit residential
facility.
(D) Any Department of Defense health care facility.
(E) Any Department of Defense commissary or exchange.
(F) Any Department of Defense Community Service Agency.
(b) Notice to Victims of Available Assistance.--The
Secretary of Defense shall require that procedures in the
Department of Defense for responding to a complaint or
allegation of sexual assault submitted by or against a member
of the Armed Forces include prompt notice to the person
making the complaint or allegation of the forms of assistance
available to that person from the Department of Defense and,
to the extent known to the Secretary, through other
departments and agencies, including State and local agencies,
and other sources.

SEC. 574. 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 an Article 32 Investigating Officer recommends
dismissal of the charges against a member of the Armed Forces
accused of committing a sexual assault, the case synopsis
shall explicitly state the reasons for that recommendation.
``(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.
``(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) If alcohol was involved in any way in a substantiated
sexual assault incident, the case synopsis shall specify
whether the member of the Armed Forces accused of committing
the sexual assault had previously been ordered to attend
substance abuse counseling.''.
(b) Applications for Certain Transfers by Sexual Assault
Victims.--Subsection (b) of such section is amended by adding
at the end the following new paragraph:
``(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.''.
(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, 2013, under section 1631
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011.

SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS IN ANNUAL
DEPARTMENT OF DEFENSE REPORTS ON SEXUAL
ASSAULTS.

Effective with the report required to be submitted by March
1, 2013, 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 each military department shall include in each annual
report required by that section information on sexual
harassment involving members of the Armed Forces under the
jurisdiction of that Secretary during the preceding year. For
purposes of complying with this section, the Secretary of the
military department concerned shall apply subsection (b) of
such section 1631 by substituting the term ``sexual
harassment'' for ``sexual assault'' each place it appears in
paragraphs (1) through (4) of such subsection.

SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS REGARDING
CERTAIN INCIDENT INFORMATION MANAGEMENT TOOLS.

(a) Reports Required.--Not later than August 28, 2012, and
every six months thereafter until the date determined under
subsection (b), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report describing the progress made during
the previous six months to ensure that both of the following
are fully functional and operational:
(1) The Defense Incident-Based Reporting System.
(2) The Defense Sexual Assault Incident Database.
(b) Duration of Reporting Requirement.--The reporting
requirement imposed by subsection (a) shall continue until
the date on which the Secretary of Defense certifies, in a
report submitted under such subsection, that--
(1) the Defense Incident-Based Reporting System and the
Defense Sexual Assault Incident Database are fully functional
and operational throughout the Department of Defense; and
(2) each of the military departments is using the Defense
Incident-Based Reporting System or providing data for
inclusion in the Defense Sexual Assault Incident Database.
(c) Repeal of Superseded Reporting Requirement.--Section
598 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111 84; 123 Stat. 2345; 10 U.S.C. 113 note)
is repealed.

SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE ACTIONS
REGARDING SEXUAL ASSAULT PREVENTION AND
RESPONSE IN THE ARMED FORCES.

Not later than October 31, 2012, and April 30, 2013, the
Secretary of Defense (or the designee of the Secretary of
Defense) shall provide to the Committees on Armed Services of
the Senate and House of Representatives a briefing that
outlines efforts by the Department of Defense to implement--
(1) subtitle H of title V of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112 81;
125 Stat. 1430) and the amendments made by that subtitle;
(2) the additional initiatives announced by the Secretary
of Defense on April 17, 2012, to address sexual assault
involving members of the Armed Forces; and
(3) any other initiatives, policies, or programs being
undertaken by the Secretary of Defense and the Secretaries of
the military departments to address sexual assault involving
members of the Armed Forces.

SEC. 578. 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. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT ANNUAL
ORGANIZATIONAL CLIMATE ASSESSMENTS.

(a) Requirement.--The Secretary of Defense shall require
the commander of each covered unit to conduct an
organizational climate assessment within 120 days after the
commander assumes command and annually thereafter.

[[Page H2874]]

(b) Definitions.--In this section:
(1) Covered unit.--The term ``covered unit'' means any
organizational element of the Armed Forces (other than the
Coast Guard) with more than 50 members assigned, including
any such element of a reserve component.
(2) Organizational climate assessment.--The term
``organizational climate assessment'' means an assessment
intended to obtain information about the positive and
negative factors that may have an impact on unit
effectiveness and readiness by measuring matters relating to
human relations climate such as prevention and response to
sexual assault and equal opportunity.

SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZATIONAL CLIMATE
ASSESSMENTS.

(a) Elements of Assessments.--An organizational climate
assessment shall include avenues for members of the Armed
Forces to express their views on how their leaders, including
commanders, are responding to allegations of sexual assault
and complaints of sexual harassment. The Secretary of Defense
shall require the Office of Diversity Management and Equal
Opportunity and the Sexual Assault Prevention and Response
Office to ensure equal opportunity advisors and officers of
the Sexual Assault Prevention and Response Office are
available to conduct these assessments.
(b) Ensuring Compliance.--
(1) In general.--The Secretary of Defense shall direct the
Secretaries of the military departments to verify and track
the compliance of commanding officers in conducting
organizational climate assessments.
(2) Implementation.--No 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 containing--
(A) a description of the progress of the development of the
system that will verify and track the compliance of
commanding officers in conducting organizational climate
assessments; and
(B) an estimate of when the system will be completed and
implemented.
(c) Consultation.--In developing the sexual harassment and
sexual assault portion of an organizational climate
assessment, the Secretary of Defense shall consult with
representatives of the following:
(1) The Sexual Assault Prevention and Response Office.
(2) The Office of Diversity Management.
(3) Appropriate non-Governmental organizations that have
expertise in areas related to sexual harassment and sexual
assault in the Armed Forces.
(d) Relation to Other Reporting Requirements.--The
reporting requirements of this section are in addition to,
and an expansion of, the Armed Forces Workplace and Gender
Relations Surveys required by section 481 of title 10, United
States Code.

SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL ASSAULT
AND SUBSEQUENT SEPARATION OF MEMBERS MAKING
SUCH REPORTS.

(a) Review Required.--The Secretary of Defense shall
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 Armed Forces and the
circumstances of and grounds for such separation.
(b) Elements of Review.--The review shall determine at a
minimum the following:
(1) For each member who made an unrestricted report of
sexual assault and was subsequently separated, the reason
provided for the separation and whether the member requested
an appeal.
(2) For each member separated on the grounds of having a
personality disorder, whether the separation was carried out
in compliance with Department of Defense Instruction 1332.14.
(3) For each member who requested an appeal, the basis and
results of the appeal.
(c) Submission of Results.--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 House of Representatives a report containing
the results of the review.

SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR RECALL TO
ACTIVE DUTY OF 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 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 of
whether the member was assaulted while in the line of duty,
the Secretary concerned may, upon the request of the member,
order the member to be retained on active duty until the line
of duty determination, but not to exceed 180 days beyond the
original expiration of active duty date. 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 determination whether the member
was in the line of duty is not completed, the Secretary
concerned may, upon the request of the member, order the
member to active duty for such time as necessary to complete
the line of duty determination, but not to exceed 180 days.
``(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 such chapter is amended adding at the end the
following new item:
``12323. Active duty for response to sexual assault.''.

SEC. 583. INCLUSION OF INFORMATION ON SUBSTANTIATED REPORTS
OF SEXUAL HARASSMENT IN MEMBER'S OFFICIAL
SERVICE RECORD.

(a) Inclusion.--If a complaint of sexual harassment is made
against a member of the Army, Navy, Air Force, or Marine
Corps and the complaint is substantiated, a notation to that
effect shall be placed in the service record of the member,
regardless of the member's rank, for the purpose of--
(1) reducing the likelihood that a member who has committed
sexual harassment can commit the same offense multiple times
without suffering the appropriate consequences; and
(2) alerting commanders of the background of the members of
their command, so the commanders have better awareness of its
members, especially as members are transferred.
(b) Definition of Substantiated.--For purposes of
implementing this section, the Secretary of Defense shall use
the definition of substantiated developed for the annual
report on sexual assaults involving members of the Armed
Forces prepared 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).

Subtitle I--Other Matters

SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES WITHIN SCOPE
OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.

Section 2031(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) If a secondary educational institution in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau otherwise meets the
conditions imposed by subsection (b) on the establishment and
maintenance of units of the Junior Reserve Officers' Training
Corps, the Secretary of a military department may establish
and maintain a unit of the Junior Reserve Officers' Training
Corps at the secondary educational institution even though
the secondary educational institution is not a United States
secondary educational institution.''.

SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS AND
STRIPES.

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.

SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION OF BUGLE
CALL COMMONLY KNOWN AS ``TAPS'' AS NATIONAL
SONG OF REMEMBRANCE.

(a) Findings.--Congress makes the following findings:
(1) The bugle call commonly known as ``Taps'' is known
throughout the United States.
(2) In July 1862, following the Seven Days Battles, Union
General Daniel Butterfield and bugler Oliver Willcox Norton
created ``Taps'' at Berkley Plantation, Virginia, as a way to
signal the end of daily military activities.
(3) ``Taps'' is now established by the uniformed services
as the last call of the day and is sounded at the completion
of a military funeral.
(4) ``Taps'' has become the signature, solemn musical
farewell for members of the uniformed services and veterans
who have faithfully served the United States during times of
war and peace.
(5) Over its 150 years of use, ``Taps'' has been woven into
the historical fabric of the United States.
(6) When sounded, ``Taps'' summons emotions of loss, pride,
honor, and respect and encourages Americans to remember
patriots who served the United States with honor and valor.
(7) The 150th anniversary of the writing of ``Taps'' will
be observed with events culminating in June 2012 with a
rededication of the Taps Monument at Berkley Plantation,
Virginia.
(b) Sense of Congress.--It is the sense of Congress that
the bugle call commonly known as ``Taps'' should be
designated as the National Song of Remembrance.

SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF BUGLE CALL
COMMONLY KNOWN AS ``TAPS''.

(a) Conduct During Sounding of ``Taps''.--Chapter 3 of
title 36, United States Code, is amended by adding at the end
the following new section:

[[Page H2875]]

``Sec.  306. Conduct during sounding of `Taps'

``(a) Definition.--In this section, the term `Taps' refers
to the bugle call consisting of 24 notes normally sounded on
a bugle or trumpet without accompaniment or embellishment as
the last call of the day on a military base, at the
completion of a military funeral, or on other occasions as
the solemn musical farewell to members of the uniform
services and veterans.
``(b) Conduct During Sounding.--
``(1) In general.--During a performance of Taps--
``(A) all present, except persons in uniform, should stand
at attention with the right hand over the heart;
``(B) men not in uniform should remove their headdress with
their right hand and hold the headdress at the left shoulder,
the hand being over the heart; and
``(C) persons in uniform should stand at attention and give
the military salute at the first note of Taps and maintain
that position until the last note.
``(2) Exception.--Paragraph (1) shall not apply when Taps
is sounded as the final bugle call of the day at a military
base.
``(c) Definition of Military Base.--In this section, the
term `military base' 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.''.
(b) Conforming and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 3 of title 36,
United States Code, is amended to read as follows:

``CHAPTER 3--NATIONAL ANTHEM, MOTTO, AND OTHER NATIONAL DESIGNATIONS''.

(2) Table of chapters.--The item relating to chapter 3 in
the table of chapters for such title is amended to read as
follows:
``3. National Anthem, Motto, and Other National Designations.301''.....

(3) Table of sections.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``306. Conduct during sounding of `Taps'.''.

SEC. 594. 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. 595. PILOT PROGRAM TO PROVIDE TRANSITIONAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES WITH A FOCUS ON
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.

(a) Program Authority.--The Secretary of Defense may
conduct one or more pilot programs to provide transitional
assistance for members of the Armed Forces leaving active
duty that focuses on assisting the members to transition into
the fields of science, technology, engineering, and
mathematics to address the shortage of expertise within the
Department of Defense in those fields.
(b) Cooperation With Educational Institutions.--The
Secretary of Defense may enter into an agreement with an
institution of higher education to provide for the management
and execution of a pilot program under this section. The
institution of higher education must agree to allow the
translation of military experience and training into course
credit and provide for the transfer of previously received
credit through local community colleges and other accredited
institutions of higher education.
(c) Duration.--Any pilot program established under the
authority of this section may not operate for more than three
academic years.
(d) Reporting Requirement.--At the conclusion of a pilot
program under this section, the Secretary of Defense shall
submit to the congressional defense committee a report on the
results of the pilot program, including the cost incurred to
conduct the program, the number of participants of the
program, and the outcomes for the participants of the
program.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

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. 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. 603. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR
ARMY NATIONAL GUARD AND AIR NATIONAL GUARD
MEMBERS WHO TRANSITION BETWEEN ACTIVE DUTY AND
FULL-TIME NATIONAL GUARD DUTY WITHOUT A BREAK
IN ACTIVE SERVICE.

Section 403(g) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(6)(A) The rate of basic allowance for housing to be paid
to a member of the Army National Guard of the United States
or the Air National Guard of the United States shall not be
reduced upon the transition of the member from active duty to
full-time National Guard duty, or from full-time National
Guard duty to active duty, when the transition occurs without
a break in active service.
``(B) For the purposes of this paragraph, a break in active
service occurs when one or more calendar days between active
service periods do not qualify as active service.''.

SEC. 604. 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.

Effective as of October 1, 2011, the changes made by the
Secretary of Defense to the 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 shall not apply to a
member of a reserve component whose qualified mobilization
(as described in such program guidance) commenced before
October 1, 2011, and continued on or after that date until
the date the mobilization is terminated.

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.

[[Page H2876]]

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 Generally

SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
MEDICAL ATTENDANTS FOR MEMBERS RECEIVING CARE
IN A RESIDENTIAL TREATMENT PROGRAM.

(a) Authorized Travel and Transportation.--Subsection (a)
of section 481k of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``Under uniform
regulations''; and
(2) by adding at the end the following new paragraph:
``(2) Travel and transportation described in subsection (d)
also may be provided for a qualified non-medical attendant
for a member of the uniformed services who is receiving care
in a residential treatment program if the attending physician
or other mental health professional and the commander or head
of the military medical facility exercising control over the
member determine that the presence and participation of such
an attendant is essential to the treatment of the member.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (b)--
(A) by striking ``covered member'' in the matter preceding
paragraph (1) and inserting ``member''; and
(B) in paragraph (2), by striking ``surgeon and the
commander or head of the military medical facility'' and
inserting ``surgeon (or mental health professional in the
case of a member described in subsection (a)(2)) and the
commander or head of the military medical facility exercising
control over the member''; and
(2) in subsection (c), by striking ``this section'' in the
matter preceding paragraph (1) and inserting ``subsection
(a)(1)''.

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 involuntary 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--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

SEC. 641. CHARITABLE ORGANIZATIONS ELIGIBLE FOR DONATIONS OF
UNUSABLE COMMISSARY STORE FOOD AND OTHER FOOD
PREPARED FOR THE ARMED FORCES.

Subparagraph (A) of section 2485(f) of title 10, United
States Code, is amended to read as follows:
``(A) A food bank, food pantry, or soup kitchen (as those
terms are defined in section 201A of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501)).''.

SEC. 642. 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. 643. 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 411f(e) of title
37.
``(iii) An escort of a family member described in clause
(i) or (ii).''.

[[Page H2877]]

(b) Conforming Amendments.--Subsections (b), (e), (f), and
(g) 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.

SEC. 644. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL FOOD
PRODUCTS, AND RECYCLABLE MATERIALS FOR RESALE
IN COMMISSARY AND EXCHANGE STORE SYSTEMS.

(a) Improved Purchasing Efforts.--Section 2481(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) The governing body established pursuant to
paragraph (2) shall endeavor to increase the purchase for
resale at commissary stores and exchange stores of
sustainable products, local food products, and recyclable
materials.
``(B) As part of its efforts under subparagraph (A), the
governing body shall develop--
``(i) guidelines for the identification of fresh meat,
poultry, seafood, and fish, fresh produce, and other products
raised or produced through sustainable methods; and
``(ii) goals, applicable to all commissary stores and
exchange stores world-wide, to maximize, to the maximum
extent practical, the purchase of sustainable products, local
food products, and recyclable materials by September 30,
2017.''.
(b) Deadline for Establishment and Guidelines.--The initial
guidelines required by paragraph (3)(B)(i) of section 2481(c)
of title 10, United States Code, as added by subsection (a),
shall be issued not later than two years after the date of
the enactment of this Act.

Subtitle F--Disability, Retired Pay, and Survivor Benefits

SEC. 651. 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
a annuity for survivors under chapter 84 of title 5, United
States Code, on or after the date of the enactment of this
Act.

Subtitle G--Other Matters

SEC. 661. 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.''.

SEC. 662. 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. 663. 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 by the Secretary of Homeland Security under
section 712 of title 14, United States Code, on or after
April 19, 2010.
(2) Credit for prior service.--The amendments made by this
section shall be deemed to have been enacted on April 19,
2010, 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.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

SEC. 701. SENSE OF CONGRESS ON NONMONETARY CONTRIBUTIONS TO
HEALTH CARE BENEFITS MADE BY CAREER MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.

It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands and make
extraordinary sacrifices over the course of a 20- to 30-year
career in protecting freedom for all Americans; and
(2) those decades of sacrifice constitute a significant
pre-paid premium for health care during a career member's
retirement that is over and above what the member pays with
money.

SEC. 702. 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 earlier of the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2013 or October 1, 2012, 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 earlier of the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2013 or October 1, 2012, 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. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR CERTAIN
MEMBERS OF THE NATIONAL GUARD.

(a) Standards.--The Secretary of Defense shall ensure that
each individual who receives medical or dental care under a
covered contract meets the standards of medical and dental
readiness of the Secretary upon the mobilization of the
individual.
(b) Covered Contract Defined.--In this section, the term
``covered contract'' means a contract entered into by the
National Guard of a State to provide medical or dental care
to the members of such National Guard to ensure that the
members meet applicable standards of medical and dental
readiness.

Subtitle B--Health Care Administration

SEC. 711. UNIFIED MEDICAL COMMAND.

(a) Unified Combatant Command.--
(1) In general.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 167a the following new
section:

``Sec.  167b. Unified combatant command for medical
operations

``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through
the Secretary of Defense, shall establish under section 161
of this title a unified command for medical operations (in
this section referred to as the `unified medical command').
The principal function of the command is to provide medical
services to the armed forces and other health care
beneficiaries of the Department of Defense as defined in
chapter 55 of this title.
``(b) Assignment of Forces.--In establishing the unified
medical command under subsection (a), all active military
medical treatment facilities, training organizations, and
research entities of the armed forces shall be assigned to
such unified command, unless otherwise directed by the
Secretary of Defense.
``(c) Grade of Commander.--The commander of the unified
medical command shall hold the grade of general or, in the
case of an officer of the Navy, admiral while serving in that
position, without vacating his permanent grade. The commander
of such command shall be appointed to that grade by the
President, by and with the advice and consent of the Senate,
for service in that position. The commander of such command
shall be a member of a health profession described in
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j)
of title 37. During the five-year period beginning on the
date on which the Secretary establishes the command under
subsection (a), the commander of such command shall be exempt
from the requirements of section 164(a)(1) of this title.
``(d) Subordinate Commands.--(1) The unified medical
command shall have the following subordinate commands:
``(A) A command that includes all fixed military medical
treatment facilities, including elements of the Department of
Defense that are combined, operated jointly, or otherwise
operated in such a manner that a medical facility of

[[Page H2878]]

the Department of Defense is operating in or with a medical
facility of another department or agency of the United
States.
``(B) A command that includes all medical training,
education, and research and development activities that have
previously been unified or combined, including organizations
that have been designated as a Department of Defense
executive agent.
``(C) The Defense Health Agency established under
subsection (f).
``(2) The commander of a subordinate command of the unified
medical command shall hold the grade of lieutenant general
or, in the case of an officer of the Navy, vice admiral while
serving in that position, without vacating his permanent
grade. The commander of such a subordinate command shall be
appointed to that grade by the President, by and with the
advice and consent of the Senate, for service in that
position. The commander of such a subordinate command shall
also be required to be a surgeon general of one of the
military departments.
``(e) Authority of Combatant Commander.--(1) In addition to
the authority prescribed in section 164(c) of this title, the
commander of the unified medical command shall be responsible
for, and shall have the authority to conduct, all affairs of
such command relating to medical operations activities.
``(2) The commander of such command shall be responsible
for, and shall have the authority to conduct, the following
functions relating to medical operations activities (whether
or not relating to the unified medical command):
``(A) Developing programs and doctrine.
``(B) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for the forces
described in subsection (b) and for other forces assigned to
the unified medical command.
``(C) Exercising authority, direction, and control over the
expenditure of funds--
``(i) for forces assigned to the unified medical command;
``(ii) for the forces described in subsection (b) assigned
to unified combatant commands other than the unified medical
command to the extent directed by the Secretary of Defense;
and
``(iii) for military construction funds of the Defense
Health Program.
``(D) Training assigned forces.
``(E) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(F) Validating requirements.
``(G) Establishing priorities for requirements.
``(H) Ensuring the interoperability of equipment and
forces.
``(I) Monitoring the promotions, assignments, retention,
training, and professional military education of medical
officers described in paragraph (1), (2), (3), (4), (5), or
(6) of section 335(j) of title 37.
``(3) The commander of such command shall be responsible
for the Defense Health Program, including the Defense Health
Program Account established under section 1100 of this title.
``(f) Defense Health Agency.--(1) In establishing the
unified medical command under subsection (a), the Secretary
shall also establish under section 191 of this title a
defense agency for health care (in this section referred to
as the `Defense Health Agency'), and shall transfer to such
agency the organization of the Department of Defense referred
to as the TRICARE Management Activity and all functions of
the TRICARE Program (as defined in section 1072(7)).
``(2) The director of the Defense Health Agency shall hold
the rank of lieutenant general or, in the case of an officer
of the Navy, vice admiral while serving in that position,
without vacating his permanent grade. The director of such
agency shall be appointed to that grade by the President, by
and with the advice and consent of the Senate, for service in
that position. The director of such agency shall be a member
of a health profession described in paragraph (1), (2), (3),
(4), (5), or (6) of section 335(j) of title 37.
``(g) Regulations.--In establishing the unified medical
command under subsection (a), the Secretary of Defense shall
prescribe regulations for the activities of the unified
medical command.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 167a the following new item:
``167b. Unified combatant command for medical operations.''.
(b) Plan, Notification, and Report.--
(1) Plan.--Not later than July 1, 2013, the Secretary of
Defense shall submit to the congressional defense committees
a comprehensive plan to establish the unified medical command
authorized under section 167b of title 10, United States
Code, as added by subsection (a), including any legislative
actions the Secretary considers necessary to implement the
plan.
(2) Notification.--The Secretary shall submit to the
congressional defense committees written notification of the
time line of the Secretary to establish the unified medical
command under such section 167b by not later than the date
that is 30 days before establishing such command.
(3) Report.--Not later than 180 days after submitting the
notification under paragraph (2), the Secretary shall submit
to the congressional defense committees a report on--
(A) the establishment of the unified medical command; and
(B) the establishment of the Defense Health Agency under
subsection (f) of such section 167b.

SEC. 712. 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 an 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. 713. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN THE
MILITARY DEPARTMENTS AND NON-MILITARY HEALTH
CARE ENTITIES.

(a) Authority.--In addition to the authority of the
Secretary of Defense under section 713 of the National
Defense Authorization Act of 2010 (10 U.S.C. 1073 note), the
Secretary of each military department may establish
cooperative health care agreements between military
installations and local or regional health care entities.
(b) Requirements.--In establishing an agreement under
subsection (a), the Secretary concerned shall--
(1) consult with--
(A) representatives from the military installation selected
for the agreement, including the TRICARE managed care support
contractor with responsibility for such installation; and
(B) Federal, State, and local government officials;
(2) identify and analyze health care services available in
the area in which the military installation is located,
including such services available at a military medical
treatment facility or in the private sector (or a combination
thereof);
(3) determine the cost avoidance or savings resulting from
innovative partnerships between the military department
concerned and the private sector; and
(4) determine the opportunities for and barriers to
coordinating and leveraging the use of existing health care
resources, including such resources of Federal, State, local,
and private entities.
(c) Rule of Construction.--Nothing in this section shall be
construed as authorizing the provision of health care
services at military medical treatment facilities or other
facilities of the Department of Defense to individuals who
are not otherwise entitled or eligible for such services
under chapter 55 of title 10, United States Code.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.

SEC. 714. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND
EFFICIENCY OF HEALTH ENGAGEMENTS.

(a) In General.--The Secretary of Defense, in coordination
with the Assistant Secretary of Defense for Health Affairs
and the Uniformed Services University of the Health Sciences,
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 and the Uniformed Services University of the
Health Sciences 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) Pilot Programs.--The Secretary of Defense, in
coordination with the Uniformed Services University of Health
Sciences, may conduct pilot programs to assess the
effectiveness of any process developed under subsection (a)
to ensure the applicability of the process to health
engagements conducted by the Department of Defense.

SEC. 715. CLARIFICATION OF APPLICABILITY OF FEDERAL TORT
CLAIMS ACT TO SUBCONTRACTORS EMPLOYED TO
PROVIDE HEALTH CARE SERVICES TO THE DEPARTMENT
OF DEFENSE.

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''.

SEC. 716. PILOT PROGRAM ON INCREASED THIRD-PARTY COLLECTION
REIMBURSEMENTS IN MILITARY MEDICAL TREATMENT
FACILITIES.

(a) Pilot Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry
out a pilot program to assess the feasibility of using
processes described in paragraph (2) to increase the amounts
collected under section 1095 of title 10, United States Code,
from a third-party payer for charges for health care services
incurred by the United States at a military medical treatment
facility.

[[Page H2879]]

(2) Processes described.--The processes described in this
paragraph are revenue-cycle improvement processes, including
cash-flow management and accounts-receivable processes.
(b) Requirements.--In carrying out the pilot program under
subsection (a)(1), the Secretary shall--
(1) identify and analyze the best practice options with
respect to the processes described in subsection (a)(2) that
are used in nonmilitary health care facilities; and
(2) conduct a cost-benefit analysis to assess the pilot
program, including an analysis of--
(A) the different processes used in the pilot program;
(B) the amount of third-party collections that resulted
from such processes;
(C) the cost to implement and sustain such processes; and
(D) any other factors the Secretary determines appropriate
to assess the pilot program.
(c) Locations.--The Secretary shall carry out the pilot
program under subsection (a)(1) at not less than two military
installations of different military departments that meet the
following criteria:
(1) There is a military medical treatment facility that has
inpatient and outpatient capabilities at the installation.
(2) At least 40 percent of the military beneficiary
population residing in the catchment area surrounding the
installation is potentially covered by a third-party payer
(as defined in section 1095(h)(1) of title 10, United States
Code).
(d) Duration.--The Secretary shall commence the pilot
program under subsection (a)(1) by not later than 270 days
after the date of the enactment of this Act and shall carry
out such program for three years.
(e) Report.--Not later than 180 days after completing the
pilot program under subsection (a)(1), the Secretary shall
submit to the congressional defense committees a report
describing the results of the program, including--
(1) a comparison of--
(A) the processes described in subsection (a)(2) that were
used in the military medical treatment facilities
participating in the program; and
(B) the third-party collection processes used by military
medical treatment facilities not included in the program;
(2) a cost analysis of implementing the processes described
in subsection (a)(2) for third-party collections at military
medical treatment facilities; and
(3) an assessment of the program, including any
recommendations to improve third-party collections.

SEC. 717. 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--
(A) generally available to the TRICARE for Life beneficiary
through retail pharmacies only for an initial filling of a
30-day or less supply; and
(B) any refills of such medications are obtained through
the national mail-order pharmacy program.
(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) 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.
(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.

SEC. 718. COST-SHARING RATES FOR PHARMACY BENEFITS PROGRAM OF
THE TRICARE PROGRAM.

(a) In General.--Section 1074g(a)(6) of title 10, United
States Code, is amended--
(1) by amending subparagraph (A) to read as follows:
``(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) Beginning October 1, 2013, the Secretary may only
increase in any year the cost-sharing amount established
under subparagraph (A) by an amount equal to the percentage
by which retired pay is increased under section 1401a of this
title.''.
(b) Effective Date.--The cost-sharing requirements under
section 1074g(a)(6)(A) 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 October 1, 2012.

SEC. 719. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH
SYSTEM.

Section 716(a)(1) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1477) is
amended by striking ``until a 120-day period'' and all that
follows through the period and inserting the following:
``until the Secretary implements and completes any
recommendations included in the report submitted by the
Comptroller General of the United States under subsection
(b)(3) and notifies the congressional defense committees of
such implementation and completion.''.

Subtitle C--Reports and Other Matters

SEC. 721. 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. 722. 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. 723. ESTABLISHMENT OF TRICARE WORKING GROUP.

(a) Sense of Congress.--It is the sense of Congress that--
(1) children of members of the Armed Forces deserve health-
care practices and policies that--
(A) are designed to meet their pediatric-specific needs;
(B) are developed and determined proactively and
comprehensively; and
(C) ensure and maintain their access to pediatric-specific
treatments, providers, and facilities.
(2) children's health-care needs and standards of care are
different and distinct from those of adults, therefore the
TRICARE program should undertake a proactive, comprehensive
approach to review and analyze its policies and practices to
meet the needs of children to ensure that children and their
families receive appropriate care in proper settings and
avoid unnecessary challenges in seeking or obtaining proper
health care;
(3) a proactive and comprehensive review is necessary
because the reimbursement structure of the TRICARE program is
patterned upon Medicare and the resulting policies and
practices of the TRICARE program do not always properly
reflect appropriate standards for pediatric care;
(4) one distinct aspect of children's health care is the
need for specialty care and services for children with
special-health-care needs and chronic-health conditions;
(5) the requirement for specialized health care and
developmental support is an ongoing and serious matter of
day-to-day life for families with children with special or
chronic-health-care needs;
(6) the Department of Defense and the TRICARE program,
recognizing the special needs of certain children, have
instituted special-needs programs, including the ECHO
program, but there are collateral needs that are not being
met, generally because the services are provided in the local
community rather than by the Department of Defense, who may
not always have the best tools or knowledge to access these
State and local resources;
(7) despite wholehearted efforts by the Department of
Defense, a gap exists between linking military families with
children with special-health-care needs and chronic
conditions with the resources and services available from
local or regional highly specialized providers and the
communities and States in which they reside;
(8) the gap is especially exacerbated by the mobility of
military families, who often move from State to State,
because special-needs health care, educational, and social
services are very specific to each local community and State
and such services often have lengthy waiting lists; and
(9) the Department of Defense will be better able to assist
military families with children

[[Page H2880]]

with special-health-care needs fill the gap by collaborating
with special-health-care needs providers and those
knowledgeable about the opportunities for such children that
are provided by States and local communities.
(b) Establishment.--
(1) In general.--The Secretary of Defense shall establish a
working group to carry out a review of the TRICARE program
with respect to--
(A) pediatric health care needs under paragraph (2); and
(B) pediatric special and chronic health care needs under
paragraph (3).
(2) Pediatric health care needs.--
(A) Duties.--The working group shall--
(i) comprehensively review the policy and practices of the
TRICARE program with respect to providing pediatric health
care;
(ii) recommend changes to such policies and practices to
ensure that--

(I) children receive appropriate care in an appropriate
manner, at the appropriate time, and in an appropriate
setting; and
(II) access to care and treatment provided by pediatric
providers and children's hospitals remains available for
families with children; and

(iii) develop a plan to implement such changes.
(B) Review.--In carrying out the duties under subparagraph
(A), the working group shall--
(i) identify improvements in policies, practices, and
administration of the TRICARE program with respect to
pediatric-specific health care and pediatric-specific
healthcare settings;
(ii) analyze the direct and indirect effects of the
reimbursement policies and practices of the TRICARE program
with respect to pediatric care and care provided in pediatric
settings;
(iii) consider case management programs with respect to
pediatric complex and chronic care, including whether
pediatric specific programs are necessary;
(iv) develop a plan to ensure that the TRICARE program
addresses pediatric-specific health care needs on an on-going
basis beyond the life of the working group;
(v) consider how the TRICARE program can work with the
pediatric provider community to ensure access, promote
communication and collaboration, and optimize experiences of
military families seeking and receiving health care services
for children; and
(vi) review matters that further the mission of the working
group.
(3) Pediatric special and chronic health care needs.--
(A) Duties.--The working group shall--
(i) review the methods in which families in the TRICARE
program who have children with special-health-care needs
access community resources and health-care resources;
(ii) review how having access to, and a better
understanding of, community resources may improve access to
health care and support services;
(iii) recommend methods to accomplish improved access by
such children and families to community resources and health-
care resources, including through collaboration with
children's hospitals and other providers of pediatric
specialty care, local agencies, local communities, and
States;
(iv) consider approaches and make recommendations for the
improved integration of individualized or compartmentalized
medical and family support resources for military families;
(v) work closely with the Office of Community Support for
Military Families with Special Needs of the Department of
Defense and other relevant offices to avoid redundancies and
target shared areas of concern for children with special or
chronic-health-care needs; and
(vi) review any relevant information learned and findings
made by the working group under this paragraph that may be
considered or adopted in a consistent manner with respect to
improving access, resources, and services for adults with
special needs.
(B) Review.--In carrying out the duties under subparagraph
(A), the working group shall--
(i) discuss improvements to special needs health care
policies and practices;
(ii) determine how to support and protect families of
members of the National Guard or Reserve Components as the
members transition into and out of the relevant Exceptional
Family Member Program or the ECHO program;
(iii) analyze case management services to improve
consistency, communication, knowledge, and understanding of
resources and community contacts;
(iv) identify areas in which a State may offer services
that are not covered by the TRICARE program or the ECHO
program and how to coordinate such services;
(v) identify steps that States and communities can take to
improve support for military families of children with
special health care needs;
(vi) consider how the TRICARE program and other programs of
the Department of Defense can work with specialty pediatric
providers and resource communities to ensure access, promote
communication and collaboration, and optimize experiences of
military families seeking and receiving health care services
for their children with special or chronic health care needs;
(vii) consider special and chronic health care in a
comprehensive manner without focus on one or more conditions
or diagnoses to the exclusion of others;
(viii) focus on ways to create innovative partnerships,
linkages, and access to information and resources for
military families across the spectrum of the special-needs
community and between the medical community and the family
support community; and
(ix) review matters that further the mission of the working
group.
(c) Membership.--
(1) Appointments.--The working group shall be composed of
not less than 14 members as follows:
(A) The Chief Medical Officer of the TRICARE program, who
shall serve as chairperson.
(B) The Chief Medical Officers of the North, South, and
West regional offices of the TRICARE program.
(C) One individual representing the Army appointed by the
Surgeon General of the Army.
(D) One individual representing the Navy appointed by the
Surgeon General of the Navy.
(E) One individual representing the Air Force appointed by
the Surgeon General of the Air Force.
(F) One individual representing the regional managed care
support contractor of the North region of the TRICARE program
appointed by such contractor.
(G) One individual representing the regional managed care
support contractor of the South region of the TRICARE program
appointed by such contractor.
(H) One individual representing the regional managed care
support contractor of the West region of the TRICARE program
appointed by such contractor.
(I) Not more than three individuals representing the non-
profit organization the Military Coalition appointed by such
organization.
(J) One individual representing the American Academy of
Pediatrics appointed by such organization.
(K) One individual representing the National Association of
Children's Hospitals appointed by such organization.
(L) One individual representing military families who is
not an employee of an organization representing such
families.
(M) Any other individual as determined by the Chief Medical
Officer of the TRICARE program.
(2) Terms.--Each member shall be appointed for the life of
the working group. A vacancy in the working group shall be
filled in the manner in which the original appointment was
made.
(3) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(4) Staff.--The Secretary of Defense shall ensure that
employees of the TRICARE program provide the working group
with the necessary support to carry out this section.
(d) Meetings.--
(1) Schedule.--The working group shall--
(A) convene its first meeting not later than 60 days after
the date of the enactment of this Act; and
(B) convene not less than four other times.
(2) Form.--Any meeting of the working group may be
conducted in-person or through the use of video conferencing.
(3) Quorum.--Seven members of the working group shall
constitute a quorum but a lesser number may hold hearings.
(e) Advice.--With respect to carrying out the review of the
TRICARE program and pediatric special and chronic health care
needs under subsection (b)(3), the working group shall seek
counsel from the following individuals acting as an expert
advisory group:
(1) One individual representing the Exceptional Family
Member Program of the Army.
(2) One individual representing the Exceptional Family
Member Program of the Navy.
(3) One individual representing the Exceptional Family
Member Program of the Air Force.
(4) One individual representing the Exceptional Family
Member Program of the Marine Corps.
(5) One individual representing the Office of Community
Support for Military Families with Special Needs.
(6) One individual who is not an employee of an
organization representing military families shall represent a
military family with a child with special health care needs.
(7) Not more than three individuals representing
organizations that--
(A) are not otherwise represented in this paragraph or in
the working group; and
(B) possess expertise needed to carry out the goals of the
working group.
(f) Reports Required.--
(1) Report.--Not later than 12 months after the date on
which the working group convenes its first meeting, the
working group shall submit to the congressional defense
committees a report including--
(A) any changes described in subsection (b)(2)(A)(ii)
identified by the working group that--
(i) require legislation to carry out, including proposed
legislative language for such changes;
(ii) require regulations to carry out, including proposed
regulatory language for such changes; and
(iii) may be carried out without legislation or
regulations, including a time line for such changes; and
(B) steps that States and local communities may take to
improve the experiences of military families with special-
needs children in interacting with and accessing State and
local community resources.
(2) Final report.--Not later than 18 months after the date
on which the report is submitted under paragraph (1), the
working group shall submit to the congressional defense
committees a final report including--
(A) any additional information and updates to the report
submitted under paragraph (1);
(B) information with respect to how the Secretary of
Defense is implementing the changes identified in the report
submitted under paragraph (1); and
(C) information with respect to any steps described in
subparagraph (B) of such paragraph that were taken by States
and local communities after the date on which such report was
submitted.
(g) Termination.--The working group shall terminate on the
date that is 30 days after the

[[Page H2881]]

date on which the working group submits the final report
pursuant to subsection (f)(2).
(h) Definitions.--In this Act:
(1) The term ``children'' means dependents of a member of
the Armed Forces who are--
(A) individuals who have not yet attained the age of 21; or
(B) individuals who have not yet attained the age of 27 if
the inclusion of such dependents is applicable and relevant
to a program or policy being reviewed under this Act.
(2) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(3) The term ``ECHO program'' means the program established
pursuant to subsections (d) through (e) of section 1079 of
title 10, United States Code (commonly referred to as the
``Extended Care Health Option program'').
(4) The term ``TRICARE program'' means the managed health
care program that is established by the Department of Defense
under chapter 55 of title 10, United States Code.

SEC. 724. 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 to
refine, reduce, 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 by October 1, 2017.
(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 to the use
of live animals in medical education and training by October
1, 2015.
(B) Phased sustainment and readiness costs to refine,
reduce, and, when appropriate, replace the use of live
animals in medical education and training by October 1, 2017.
(C) Any risks associated with transitioning to human-based
training methods, including resource availability,
anticipated technological development time lines, and
potential impact on the present combat trauma training
curricula.
(D) An assessment of the potential affect 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) Updated Annual Reports.--Not later than March 1, 2014,
and each year thereafter, the Secretary shall submit to the
congressional defense committees a report on the development
and implementation of human-based training methods for the
purposes of training members of the Armed Forces in the
treatment of combat trauma injuries under this section.
(c) 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.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

SEC. 801. PILOT EXEMPTION REGARDING TREATMENT OF PROCUREMENTS
ON BEHALF OF THE DEPARTMENT OF DEFENSE IN
ACCORDANCE WITH THE DEPARTMENT OF ENERGY'S WORK
FOR OTHERS PROGRAM.

(a) Exemption From Inspector General Reviews and
Determinations.--Subsection (a) of section 801 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110 181; 10 U.S.C. 2304 note) is amended by
adding at the end the following new paragraph:
``(7) Treatment of procurements through department of
energy.--For purposes of this subsection, effective during
the 24-month period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2013,
the procurement of property or services on behalf of the
Department of Defense pursuant to an interagency agreement
between the Department of Defense and the Department of
Energy in accordance with the Department of Energy's Work For
Others Program, under which the property or services are
provided by a management and operating contractor of the
Department of Energy and are procured on behalf of the
Department of Defense, shall not be considered a procurement
of property or services on behalf of the Department of
Defense by a covered non-defense agency.''.
(b) Exemption From Certain Certification Requirements.--
Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) Exception for procurements in accordance with the
department of energy's work for others program.--Effective
during the 24-month period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2013, the limitation in paragraph (1) shall not
apply to the procurement of property or services on behalf of
the Department of Defense pursuant to an interagency
agreement between the Department of Defense and the
Department of Energy in accordance with the Department of
Energy's Work for Others Program, under which the property or
services are provided by a management and operating
contractor of the Department of Energy and procured on behalf
of the Department of Defense.''.
(c) Certification.--Not later than 20 months 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 the following:
(1) A statement certifying whether the procurement
policies, procedures, and internal controls of the Department
of Energy provide sufficient protection and oversight for
Department of Defense funds expended through the Department
of Energy Work for Others Program.
(2) A recommendation regarding whether the pilot exemption
granted by the amendments made by this section should be
extended.

Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 811. 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. 812. 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. 813. 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, is amended by adding at the end the following new
section:

``Sec.  2335. 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 advanced predictive analysis to the extent
practicable to 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 and
apply the requirements of section 15(g) of the Small Business
Act (15 U.S.C. 644(g)) in a manner that ensures that small
business concerns are not inappropriately selected for
performance as a prime contractor.

[[Page H2882]]

``(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'
has the meaning given that term in section 2302d of this
title.
``(6) Advanced predictive analysis.--The term `advanced
predictive analysis' means a type of analysis that applies
advanced predictive modeling methodology to life-cycle
management and product support by using event simulation to
account for variations in asset demand over time, including
events such as current equipment condition, planned usage,
aging of parts, maintenance capacity and quality, and
logistics response.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by adding
at the end the following new item:

``2335. 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) is repealed.

SEC. 814. 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 manager.
``(2) Deputy program manager.
``(3) Product support manager.
``(4) Chief engineer.
``(5) Systems engineer.
``(6) Chief developmental tester.
``(7) Cost estimator.
``(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. 815. LIMITATION ON FUNDING PENDING CERTIFICATION OF
IMPLEMENTATION OF REQUIREMENTS FOR COMPETITION.

(a) Limitation on Funding for Certain Offices.--Of the
funds authorized to be appropriated for fiscal year 2013 as
specified in the funding table in section 4301, not more than
80 percent of the funds authorized for the Office of the
Secretary of Defense may be obligated or expended until the
certification described in subsection (b) is submitted.
(b) Certification Required.--The Secretary of Defense shall
certify to the congressional defense committees that the
Department of Defense is implementing the requirements of
section 202(d) of the Weapon Systems Acquisition Reform Act
of 2009 (Public Law 111-23; 10 U.S.C. 2430 note). Such a
certification shall be accompanied by--
(1) a briefing to the congressional defense committees on
processes and procedures that have been implemented across
the military departments and Defense Agencies to maximize
competition throughout the life-cycle of major defense
acquisition programs, including actions to award contracts
for performance of maintenance and sustainment of major
weapon systems or subsystems and components of such systems;
and
(2) a representative sample of solicitations issued since
May 22, 2009, intended to fulfill the objectives of such
section 202(d).

SEC. 816. 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--

``(I) procured from a trusted supplier in accordance with
regulations described in paragraph (3); or
``(II) 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).''.

SEC. 817. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF
SPECIALTY METALS WITHIN THE UNITED STATES.

Section 2533b(m) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11) The term `produced', as used in subsections (a) and
(b), means melted, or processed in a manner that results in
physical or chemical property changes that are the equivalent
of melting. The term does not include finishing processes
such as rolling, heat treatment, quenching, tempering,
grinding, or shaving.''.

SEC. 818. REQUIREMENT FOR PROCUREMENT OF INFRARED
TECHNOLOGIES FROM NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.

Section 2534(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Infrared technologies.--Infrared technologies,
including focal plane arrays sensitive to infrared
wavelengths, read-out integrated circuits, cryogenic coolers,
Dewar technology, infrared sensor engine assemblies, and
infrared imaging systems.''.

SEC. 819. 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.

Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan

SEC. 821. 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) Limitation.--Such section is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Limitation.--The Secretary may not use the authority
provided in subsection (a) to procure goods or services from
Pakistan until such time as the Government of Pakistan agrees
to re-open the Ground Lines of Communication for the movement
of United States equipment and supplies through Pakistan.''.

[[Page H2883]]

(d) Repeal of Expired Report Requirement.--Subsection (h)
of such section, as redesignated by subsection (c) of this
section, is repealed.
(e) Clerical Amendment.--The heading of such section is
amended by striking ``; REPORT''.

SEC. 822. 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 AND'';
(2) by striking ``Iraq or'' each place it appears; and
(3) in subsection (b)--
(A) by inserting ``(A)'' after ``(1)'';
(B) in paragraph (2)--
(i) by redesignating clauses (i) and (ii) of subparagraph
(B) as subclauses (I) and (II), respectively, and in
subclause (II), as so redesignated, by striking the period at
the end and inserting ``; and'';
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(iii) by striking ``(2)'' and inserting ``(B)''; and
(C) by adding at the end the following new paragraph (2):
``(2) the Government of Afghanistan is not taxing
assistance provided by the United States to Afghanistan in
violation of any bilateral or other agreement with the United
States.''.

Subtitle D--Other Matters

SEC. 831. ENHANCEMENT OF REVIEW OF ACQUISITION PROCESS FOR
RAPID FIELDING OF CAPABILITIES IN RESPONSE TO
URGENT OPERATIONAL NEEDS.

Section 804(b)(3) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111 383;
124 Stat. 4256; 10 U.S.C. 2302 note) is amended--
(1) by inserting ``and'' at the end of subparagraph (B);
(2) by striking ``; and'' at the end of subparagraph (C)
and inserting a period; and
(3) by striking subparagraph (D).

SEC. 832. LOCATION OF CONTRACTOR-OPERATED CALL CENTERS IN THE
UNITED STATES.

The Secretary of Defense shall ensure that any call center
operated pursuant to a contract entered into by the Secretary
or by the head of any of the military departments is located
in the United States.

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.

(a) Findings.--Congress finds the following:
(1) The Defense Logistics Agency has made little progress
in addressing the findings and recommendations from the April
2009 report of the Department of Defense report titled
``Reconfiguration of the National Defense Stockpile Report to
Congress''.
(2) The office of the Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy has historically
analyzed the United States defense industrial base from the
point of view of prime contractors and original equipment
manufacturers and has provided insufficient attention to
producers of materials critical to national security,
including raw materials producers.
(3) Responsibility for the secure supply of materials
critical to national security, which supports the defense
industrial base, is decentralized throughout the Department
of Defense.
(4) The office of the Deputy Assistant Secretary of Defense
for Manufacturing and Industrial Base Policy should expand
its focus to consider both a top-down view of the supply
chain, beginning with prime contractors, and a bottom-up view
that begins with raw materials suppliers.
(5) To enable this focus and 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 develop policy, conduct oversight, and monitor
resource allocation for agencies of the Department of
Defense, including the Defense Logistics Agency, for all
activities that pertain to ensuring a secure supply of
materials critical to national security.
(6) The Strategic Materials Protection Board should be
reconfigured so as to be chaired by the Deputy Assistant
Secretary of Defense for Manufacturing and Industrial Base
Policy and should fully execute its duties and
responsibilities.
(b) Appointment of Deputy Assistant Secretary.--Section
139c(a) of title 10, United States Code, is amended by
striking ``appointed by'' and all that follows through the
end of the subsection and inserting ``appointed by the
Secretary of Defense.''.
(c) Responsibilities of Deputy Assistant Secretary.--
Section 139c(b) of such title 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 to the Under Secretary 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 to the Under Secretary 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 domestic
sources and allied nations for the industrial base of the
United States.''.
(d) 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.''.
(e) 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) 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. The Secretary of each military department shall
review and comment on the report.
``(2) Each such report shall be published in the Federal
Register and subsequently submitted to the congressional
defense committees, together with public comments and
comments and recommendations from the Secretary of Defense,
not later than 90 days after the meeting covered by the
report.''.

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

[[Page H2884]]

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) Supervision.--Section 139b(a)(3) of title 10, United
States Code, is amended by striking ``to the Under
Secretary'' before the period and inserting ``directly to the
Under Secretary, without the interposition of any other
supervising official''.
(b) Concurrent Service.--Section 139b(a)(7) of such title
is amended by striking ``may'' and inserting ``shall''.
(c) 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. The resources for the
Deputy Assistant Secretary shall be comparable to the
resources, including Senior Executive Service positions,
other civilian positions, and military positions, available
to the Director of Operational Test and Evaluation.''.
(d) 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;
(3) by inserting ``(1)'' before ``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) With respect to the report required under paragraph
(1) by the Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation--
``(A) the report shall include 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) the report shall be transmitted to the Under
Secretary of Defense for Acquisition, Technology, and
Logistics at the same time it is submitted to the
congressional defense committees.''.

SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.

(a) Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(B) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy
are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and
Marine Corps, and the General Counsel of the Department of
the Navy and Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States
Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is amended to
read as follows:

``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

(B) The heading of chapter 507 of such title is amended to
read as follows:

``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.

(5) Other amendments.--
(A) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in paragraphs (1),
(2), (3), and (4) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(ii) The heading of section 5016 of such title, and the
item relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to
be a reference to the Department of the Navy and Marine
Corps. Any such reference to an office specified in
subsection (a)(2) shall be considered to be a reference to
that office as redesignated by that section.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month beginning more than 60 days after the date of the
enactment of this Act.

Subtitle B--Space Activities

SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONIZATION OF
SEGMENTS IN SPACE PROGRAMS THAT ARE MAJOR
DEFENSE ACQUISITION PROGRAMS.

(a) Annual Assessment.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
for five years, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall annually submit
to the congressional defense committees an assessment of the
synchronization of the operability of the program segments of
each space program that is a major defense acquisition
program.
(b) Contents.--Each assessment required under subsection
(a) shall include--
(1) a description of the intended primary capabilities of
each space program that is a major defense acquisition
program and the level of operability of each program segment
of such space program at the time of such assessment;
(2) a schedule for the deployment of such intended primary
capabilities of such space program in each such program
segment and in such space program as a whole;
(3) for each such space program for which a primary
capability of such program will be operable by one program
segment at least one year after the date on which such
capability is operable by another program segment--
(A) an explanation of the reasons that such primary
capability will be operable by one program segment at least
one year after the date such capability is operable by
another program segment; and
(B) an identification of the steps the Department is taking
to improve the alignment of when the program segments become
operable and the related challenges, costs, and risks; and

[[Page H2885]]

(4) a description of the impact on the mission of such
space program caused by such primary capability being
operable by one program segment at least one year after the
date such capability is operable by another program segment.
(c) Definitions.--In this section:
(1) Major defense acquisition program defined.--The term
``major defense acquisition program'' has the meaning given
the term in section 2430 of title 10, United States Code.
(2) Program segment.--The term ``program segment'' means,
with respect to a space program that is a major defense
acquisition program, the following segments:
(A) The portion of such program that is satellite-based.
(B) The portion of such program that is ground-based.
(C) The portion of such program that is operated by the
end-user.

SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.

(a) Sense of Congress.--It is the sense of Congress that--
(1) there are significant investments in overhead
persistent infrared technology that span multiple agencies
and support a variety of missions, including missile warning,
missile defense, battle space awareness, and technical
intelligence; and
(2) further efforts should be made to fully exploit
overhead persistent infrared sensor data.
(b) Report.--Not later than 270 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 assessment of whether there are further
opportunities for the Department of Defense and the
intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) to
capitalize on increased data sharing, fusion,
interoperability, and exploitation; and
(2) recommendations on how to better coordinate the efforts
by the Department and the intelligence community to exploit
overhead persistent infrared sensor data.
(c) Comptroller General Assessment.--Not later than 90 days
after the date on which the Secretary of Defense submits the
report required under subsection (b), the Comptroller General
of the United States shall submit to the congressional
defense committees an assessment of the report required under
subsection (b), 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 (b).

SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT
INTERNATIONAL AGREEMENT ON SPACE ACTIVITIES
THAT HAS NOT BEEN RATIFIED BY THE SENATE OR
AUTHORIZED BY STATUTE.

(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or any other Act may be used by the
Secretary of Defense or the Director of National Intelligence
to limit the activities of the Department of Defense or the
intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) 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.
(b) Report on International Agreement Negotiations.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary of State and the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the progress of negotiations on an international agreement
concerning outer space activities. Such report shall include
a description of which foreign countries have agreed to sign
such an international agreement and any implications that the
draft of the agreement being negotiated may have on both
classified and unclassified military and intelligence
activities of the United States in outer space.
(2) Form.--
(A) Unclassified.--Except as provided in subparagraph (B),
each report required under paragraph (1) shall be submitted
in unclassified form.
(B) Classified annex.--The Secretary of Defense may submit
to 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 a classified annex to a report
required under paragraph (1) containing any classified
information required to be submitted for such report.
(3) Termination date.--The requirement to submit a report
under paragraph (1) shall cease to apply on the date on which
the President submits to the appropriate congressional
committees a certification that the United States is no
longer involved in negotiations on an international agreement
concerning outer space activities.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Science, Space, and Technology of the
House of Representatives; and
(B) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Commerce, Science, and Transportation of the
Senate.
(c) Report on Foreign Counter-space Programs.--
(1) Report required.--Chapter 135 of title 10, United
States Code, is amended by adding at the end the following
new section:

``Sec.  2275. Report on foreign counter-space programs

``(a) Report Required.--Not later than January 1 of each
year, the Secretary of Defense shall 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 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
may waive the requirement under subparagraph (A) if the
Secretary determines it is in the interests of national
security to waive such requirement and submits to Congress an
explanation of why the Secretary waived such requirement.
``(d) Prohibition on Use of Funds for Non-compliance.--If
in any fiscal year the Secretary of Defense does not submit a
report required under subsection (a) on or before the date on
which such report is required to be submitted, none of the
funds authorized to be appropriated by any Act for such
fiscal year for activities of the Department of Defense may
be used for travel related to the negotiation of an
international agreement concerning outer space activities
until such report is submitted.
``(e) 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, is
amended by adding at the end the following new item:
``2275. Report on foreign counter-space programs.''.

SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE
LAUNCH CAPABILITY OF THE UNITED STATES.

(a) Assessment.--The Secretary of the Air Force shall enter
into an agreement with a federally funded research and
development center to 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 federally funded research and
development center shall submit to the congressional defense
committees a report on the assessment conducted under
subsection (a).

SEC. 915. 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 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--
(1) by striking ``The Director'' and inserting ``(1)
Subject to paragraph (2), the Director'';
(2) by striking ``foreign countries'' and inserting
``foreign countries, regional organizations

[[Page H2886]]

with defense or security components, and security alliances
of which the United States is a member''; and
(3) by adding at the end the following new paragraph:
``(2) In each case in which the Director of the National
Geospatial-Intelligence Agency provides imagery intelligence
or geospatial information support to a regional organization
or security alliance under paragraph (1), the Director
shall--
``(A) ensure that such intelligence and such support are
not provided by such regional organization or such security
alliance to any other person or entity;
``(B) notify the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate, that the Director has provided such intelligence
or such support; and
``(C) coordinate the provision of such intelligence and
such support with the commander of the appropriate combatant
command.''.
(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.''.

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.''.

Subtitle D--Total Force Management

SEC. 931. LIMITATION ON CERTAIN FUNDING UNTIL CERTIFICATION
THAT INVENTORY OF CONTRACTS FOR SERVICES HAS
BEGUN.

(a) Limitation on Funding for Certain Offices.--Of the
funds authorized to be appropriated for fiscal year 2013 as
specified in the funding table in section 4301, not more than
80 percent of the funds authorized for the Office of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics; the Office of the Assistant Secretary of the Navy
for Research, Development, and Acquisition; and the Office of
the Assistant Secretary of the Air Force for Acquisition may
be obligated or expended until the certification described in
subsection (c) is submitted.
(b) Limitation on Funding for Other Contracts.--Of the
funds authorized for other contracts or other services to be
appropriated for fiscal year 2013 as specified in the funding
table in section 4301, not more than 80 percent of the funds
authorized for the Office of the Secretary of Defense, the
Department of the Navy, and the Department of the Air Force
may be obligated or expended until the certification
described in subsection (c) is submitted.
(c) Certification.--The certification described in this
subsection is a certification in writing submitted to the
congressional defense committees and made by the Secretary of
Defense that the collection of data for purposes of meeting
the requirements of section 2330a of title 10, United States
Code, has begun.
(d) Definition.--In this section, the term ``other
contracts or other services'' means funding described in line
0989 within Exhibit OP-32 of the justification materials
accompanying the President's budget request for fiscal year
2013.

SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS OF
GOVERNMENT MANAGEMENT, CONTROL, AND OVERSIGHT
OF FUNCTIONS CLOSELY ASSOCIATED WITH INHERENTLY
GOVERNMENTAL FUNCTIONS.

Section 129a of title 10, United States Code, is amended--
(1) in subparagraph (B) of subsection (f)(3), by inserting
after ``Government'' the following: ``management, control,
and''; and
(2) by adding at the end the following new subsection:
``(g) Requirement for Management, Control, and Oversight or
Appropriate Corrective Actions.--For purposes of subsection
(f)(3)(B), if insufficient levels of Government management,
control, and oversight are found, the Secretary of the
military department or head of the Defense agency responsible
shall provide such management, control, and oversight or take
appropriate corrective actions, including potential
conversion to Government performance, consistent with this
section and sections 129 and 2463 of this title.''.

SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED FOR CERTAIN
FUNCTIONS IDENTIFIED IN INVENTORY OF CONTRACTS
FOR SERVICES.

Subparagraph (C) of section 2330a(e)(2) of title 10, United
States Code, is amended to read as follows:
``(C) special management attention is being given to
functions identified in the inventory as being closely
associated with inherently governmental functions; and''.

Subtitle E--Cyberspace-related Matters

SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE.

Section 954 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1551) is
amended to read as follows:

``SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE.

``(a) Affirmation.--Congress affirms that the Secretary of
Defense is authorized to conduct military activities in
cyberspace.
``(b) Authority Described.--The authority referred to in
subsection (a) includes the authority to carry out a
clandestine operation in cyberspace--
``(1) in support of a military operation pursuant to the
Authorization for Use of Military Force (50 U.S.C. 1541 note;
Public Law 107-40) against a target located outside of the
United States; or
``(2) to defend against a cyber attack against an asset of
the Department of Defense.
``(c) Rule of Construction.--Nothing in this section shall
be construed to limit the authority of the Secretary of
Defense to conduct military activities in cyberspace.''.

SEC. 942. 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.''.

Subtitle F--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
to ensure that such trade-offs are made in the acquisition of
materiel and equipment to meet military requirements in a
manner that best supports the strategic and contingency plans
required by subsection (a).''.
(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
in the acquisition of materiel and equipment to meet military
requirements''; and
(2) in paragraph (3), by striking ``such resource level''
and inserting ``the total cost of such resources''.
(c) Amendments Related 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
``and certification 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 to ensure
acquisition programs to equip the armed force concerned
deliver best value.
``(4) Termination of development or procurement programs
that fail to meet life-cycle cost, schedule, and performance
objectives.''.

SEC. 952. 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
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

[[Page H2887]]

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)(B) 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 towards 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; and
``(B) 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.''.

SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE COMMITTEES
ON CERTAIN WRITTEN POLICY GUIDANCE.

Section 113(g) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall provide an annual
briefing to the congressional defense committees on the
written policy guidance provided under paragraphs (1) and
(2).''.

SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE
REIMBURSEMENT OF COSTS OF ACTIVITIES FOR
NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF
DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.

(a) Extension.--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''.
(b) Assessment Required.--The Comptroller General of the
United States shall 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 or the extent to
which there are similar or duplicative efforts within the
Department of Defense or the Department of State;
(3) the measures of effectiveness and impact indicators
each Regional Center uses to internally evaluate its
programs;
(4) the oversight mechanisms within the Department of
Defense with respect to the Regional Centers; and
(5) the costs and benefits to the Department of Defense of
waiving reimbursement costs for personnel of nongovernmental
organizations and international organizations to participate
in activities of the Centers on an ongoing basis.
(c) Report.--Not later than March 1, 2013, the Comptroller
General shall submit to the Committees on Armed Services and
on Foreign Relations of the Senate and the Committees on
Armed Services and on Foreign Affairs of the House of
Representatives a report on the assessment required by
subsection (b).

TITLE X--GENERAL PROVISIONS

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
$3,500,000,000.
(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 purpose 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,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted
prior to the vote on passage of this Act.

SEC. 1003. ANNUAL REPORT ON ARMED FORCES UNFUNDED PRIORITIES.

(a) Report Required.--Not later than 30 days after the date
on which the budget for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, United States
Code, each member of the Joint Chiefs of Staff specified in
subsection (b) and the Commander of the United States Special
Operations Command shall submit to the congressional defense
committees a report containing a list of the unfunded
priorities for the Armed Force under the jurisdiction of that
member or commander.
(b) Covered Military Service Chiefs.--The reports required
by subsection (a) shall be submitted by the Chief of Staff of
the Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, the Commandant of the Marine Corps, and the
Chief of the National Guard Bureau.
(c) Unfunded Priorities Defined.--In this section, the term
``unfunded priorities'', with respect to a report required by
subsection (a) for a fiscal year, means a program or mission
requirement that--
(1) has not been selected for funding in the proposed
budget for the fiscal year;
(2) is necessary to fulfill a requirement associated with a
combatant commander operational or contingency plan or other
validated global force requirement; and
(3) the officer submitting the report would have
recommended for inclusion in the proposed budget for the
fiscal year had additional resources been available or had
the requirement emerged before the budget was submitted.

Subtitle B--Counter-Drug Activities

SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF OF THE
NATIONAL GUARD BUREAU 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 redesignating subsection
(g) as subsection (f); and
(3) in subsection (f)(1), as so redesignated, by striking
``fiscal years 2006 through 2010'' and inserting ``fiscal
years 2013 through 2017''.

SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.

Section 1022(a) 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 255), as most recently
amended by the section 1008 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112 81;
125 Stat. 1558), is further amended by striking ``February
15, 2012'' and inserting ``February 15, 2013''.

SEC. 1013. 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. 1014. 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''.

Subtitle C--Naval Vessels and Shipyards

SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.

Section 1012 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

[[Page H2888]]

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 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. 1022. 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)(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 ``231(e)(2)'' and
inserting ``section 231(f)(2)''.

Subtitle D--Counterterrorism

SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE ENACTED
IN 2001.

Congress finds the following:
(1) In 2001, Congress passed, and the President signed, the
Authorization for Use of Military Force (Public Law 107 40;
50 U.S.C. 1541 note) (hereinafter referred to as the
``AUMF''), which authorized the President to ``use all
necessary and appropriate force'' against those responsible
for the attacks of September 11, 2001, and those who harbored
them ``in order to prevent any future acts of international
terrorism against the United States''.
(2) In 2004, the Supreme Court held in Hamdi v. Rumsfeld
that the AUMF authorized the President to detain individuals,
including a United States citizen captured in Afghanistan and
later detained in the United States, legitimately determined
to be ``engaged in armed conflict against the United States''
until the end of hostilities, noting that ``[W]e understand
Congress' grant of authority for the use of `necessary and
appropriate force' to include the authority to detain for the
duration of the relevant conflict, and our understanding is
based on longstanding law-of-war principles''.
(3) The Court reaffirmed the long-standing principle of
American law that a United States citizen may not be detained
in the United States pursuant to the AUMF without due process
of law, stating the following:
(A) ``Striking the proper constitutional balance here is of
great importance to the Nation during this period of ongoing
combat. But it is equally vital that our calculus not give
short shrift to the values that this country holds dear or to
the privilege that is American citizenship.''.
(B) ``It is during our most challenging and uncertain
moments that our Nation's commitment to due process is most
severely tested; and it is in those times that we must
preserve our commitment at home to the principles for which
we fight abroad.''.
(C) ``[A] state of war is not a blank check for the
President when it comes to the rights of the Nation's
citizens.''.
(D) ``[A]bsent suspension, the writ of habeas corpus
remains available to every individual detained within the
United States.''.
(E) ``All agree suspension of the writ has not occurred
here.''.
(F) ``[A]n enemy combatant must receive notice of the
factual basis for his classification, and a fair opportunity
to rebut the Government's factual assertions before a neutral
decisionmaker.''.
(G) ``Whatever power the United States Constitution
envisions for the Executive in its exchanges with other
nations or with enemy organizations in times of conflict, it
most assuredly envisions a role for all three branches when
individual liberties are at stake.''.
(H) ``[U]nless Congress acts to suspend it, the Great Writ
of habeas corpus allows the Judicial Branch to play a
necessary role in maintaining this delicate balance of
governance, serving as an important judicial check on the
Executive's discretion in the realm of detentions.''.
(I) ``We reaffirm today the fundamental nature of a
citizen's right to be free from involuntary confinement by
his own government without due process of law, and we weigh
the opposing governmental interests against the curtailment
of liberty that such confinement entails.''.
(4) In 2008, in Boumediene v. Bush, the Supreme Court also
extended the constitutional right to habeas corpus to the
foreign detainees held pursuant to the AUMF at the United
States Naval Station, Guantanamo Bay, Cuba.
(5) Chapter 47A of title 10, United States Code, as
originally enacted by the Military Commissions Act of 2006
(Public Law 109 366), only allows for prosecution of foreign
terrorists by military commission.
(6) In 2011, with the enactment of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112 81),
Congress and the President affirmed the authority of the
Armed Forces of the United States to detain pursuant to the
AUMF a person who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored those responsible for those attacks, or a person who
was a part of or substantially supported al-Qaeda, the
Taliban, or associated forces that are engaged in hostilities
against the United States or its coalition partners,
including any person who has committed a belligerent act or
has directly supported such hostilities in aid of such enemy
forces.
(7) The interpretation of the detention authority provided
by the AUMF under the National Defense Authorization Act for
Fiscal Year 2012 is the same as the interpretation used by
the Obama administration in its legal filings in Federal
court and is nearly identical to the interpretation used by
the Bush administration. This interpretation has also been
upheld by the United States Court of Appeals for the District
of Columbia Circuit.
(8) Such Act also requires the Secretary of Defense to
regularly brief Congress regarding the application of the
detention authority provided by the AUMF.
(9) Section 1021 of such Act states that ``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.''.

SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS.

Congress finds the following:
(1) Article 1, section 9 of the Constitution states ``The
Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.''.
(2) Regarding the Great Writ, the Supreme Court has noted
``The writ of habeas corpus is the fundamental instrument for
safeguarding individual freedom against arbitrary and lawless
state action.''.

SEC. 1033. HABEAS CORPUS RIGHTS.

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 in a court ordained or established by
or under Article III of the Constitution for any person who
is detained in the United States pursuant to the
Authorization for Use of Military Force (Public Law 107 40;
50 U.S.C. 1541 note).

SEC. 1034. 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. 1035. 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.

(a) Prohibition on Travel to the United States.--
Notwithstanding any provision of the applicable Compact of
Free Association described in subsection (c), an individual
described in subsection (b) who has been repatriated to the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau may not be afforded the
rights and benefits put forth in section 141 of such
applicable Compact of Free Association.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is or was located at United States Naval Station,
Guantanamo Bay, Cuba, on or after September 11, 2001, while--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(c) Applicable Compact of Free Association.--The applicable
Compact of Free Association described in this subsection is--
(1) with respect to an individual repatriated to the
Federal States of Micronesia, the Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Federated States
of Micronesia as set forth in section 201(a) of the Compact
of Free Association Amendments Act of 2003 (Public Law 108
188; 48 U.S.C. 1921 note);
(2) with respect to an individual repatriated to the
Republic of the Marshall Islands, the Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands as set forth in section 201(b) of the
Compact of Free Association Amendments Act of 2003 (Public
Law 108 188; 48 U.S.C. 1921 note); and
(3) with respect to an individual repatriated to the
Republic of Palau, the Compact of Free Association between
the Government of the United States of America and the
Government of Palau as set forth in section 201 of the joint
resolution entitled ``A Joint Resolution to approve the
`Compact of Free Association' between the United States and
the Government of Palau,

[[Page H2889]]

and for other purposes'', approved November 14, 1986 (Public
Law 99 658; 48 U.S.C. 1931 note).

SEC. 1036. 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. 1037. 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 subsection (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; and
(ii) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), an explanation why it is not possible to
certify that the risks addressed in the subparagraph to be
waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) 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. 1038. 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 1037(e)(2).

SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, THAT HAVE BEEN TRANSFERRED TO FOREIGN
COUNTRIES.

(a) Report on Factors Causing or Contributing to
Recidivism.--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 that are transferred or released to a foreign
country, including a discussion of trends, by country and
region, where recidivism has occurred.
(b) Report on Effectiveness of International Agreements.--
Not later than 60 days after the date of the enactment of
this Act, the Secretary of State, with the concurrence of the
Secretary of Defense, shall submit to the covered
congressional committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate a report assessing the effectiveness
of international agreements relating to the transfer or
release of individuals detained at Guantanamo between the
United States and each foreign country to which an individual
detained at Guantanamo has been transferred or released.
(c) Form.--The reports required under subsections (a) and
(b) shall be submitted in unclassified form, but may include
a classified annex.
(d) Definitions.--In this section:
(1) Covered congressional committees.--The term ``covered
congressional committees'' means--
(A) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) Individual detained at guantanamo.--The term
``individual detained at Guantanamo'' means any individual
that is or was located at

[[Page H2890]]

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) is or 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. 1040. 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 5 days after first
detaining an individual who is captured pursuant to the
Authorization for Use of Military Force 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.
(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 captured 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 the naval vessel; 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) shall be submitted in unclassified form but may contain a
classified annex.

SEC. 1041. 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) Additional Assessments and Certifications.--As part of
the notice required under subsection (a), the Secretary shall
include the following:
(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, a certification
that an assessment has been conducted regarding the capacity,
willingness, and historical track record of the country with
respect to prosecuting similar cases, including a description
of the evidence against the individual that is likely to be
admissible as part of the prosecution.
(3) In the case of the proposed transfer of such an
individual for reintegration or rehabilitation in a country
other than Afghanistan, a certification that an assessment
has been conducted 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, a certification that an
assessment has been conducted 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. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY
DETAINED AT THE DETENTION FACILITY AT PARWAN,
AFGHANISTAN.

(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the relevant congressional committees a report that--
(1) assesses recidivism rates and the factors that cause or
contribute to the recidivism of individuals formerly detained
at the Detention Facility at Parwan, Afghanistan, who are
transferred or released, with particular emphasis on
individuals transferred or released in connection with
reconciliation efforts or peace negotiations; and
(2) includes a general rationale of the Commander,
International Security Assistance Force, as to why such
individuals were released.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(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. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE TRANSFER
OF INDIVIDUALS DETAINED AT GUANTANAMO TO
FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

Section 1028 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81) is amended--
(1) in subsection (a)(1)--
(A) by striking ``the certification described in subsection
(b) not later than 30 days before the transfer of the
individual'' and inserting ``by not later than 90 days before
the transfer each of the following;''; and
(B) by adding at the end the following new subparagraphs:
``(A) The certification described in subsection (b).
``(B) An assessment of the likelihood that the individual
to be transferred will engage in terrorist activity after the
transfer takes place.
``(C) A detailed summary, in classified or unclassified
form, of the individual's history of associations with
foreign terrorist organizations and the individual's record
of cooperation while in the custody of or under the effective
control of the Department of Defense.''; and
(2) in subsection (d)(2)--
(A) by striking ``30 days'' and inserting ``90 days''; and
(B) by adding at the end the following new subparagraphs:
``(E) An assessment of the likelihood that the individual
to be transferred will engage in terrorist activity after the
transfer takes place.
``(F) A detailed summary, in classified or unclassified
form, of the individual's history of associations with
foreign terrorist organizations and the individual's record
of cooperation while in the custody of or under the effective
control of the Department of Defense.''.

Subtitle E--Nuclear Forces

SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE UNITED
STATES.

(a) Sense of Congress.--Subsection (a) of section 1046 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112 81; 125 Stat. 1579) is amended to read as
follows:
``(a) Sense of Congress.--It is the sense of Congress
that--
``(1) any future modification to the nuclear weapons
employment strategy, plans, and options of the United States
should maintain or enhance the ability of the nuclear forces
of the United States to support the goals of the United
States with respect to nuclear deterrence, extended
deterrence, and assurances for allies, and the defense of the
United States; and
``(2) the oversight responsibility of Congress includes
oversight of the nuclear weapons employment strategy, plans,
and options of the United States and that therefore the
Chairmen and Ranking Members of the Committees on Armed
Services of the Senate and House of Representatives, and such
professional staff as they designate, should have access to
the nuclear weapons employment strategy, plans, and options
of the United States.''.
(b) Reports on Strategy.--Section 491 of title 10, United
States Code, is--
(1) transferred to chapter 24 of such title, as added by
subsection (c)(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 subsection:
``(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) 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:
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 (b)(1); and

[[Page H2891]]

(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,''.
(C) Chapter 24.--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.''.
(4) Conforming amendment.--Section 1041(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. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCKPILE
MODERNIZATION.

(a) Findings.--Congress finds the following:
(1) In 2008, then Secretary of Defense Robert Gates warned
that ``to be blunt, there is absolutely no way we can
maintain a credible deterrent and reduce the number of
weapons in our stockpile without either resorting to testing
our stockpile or pursuing a modernization program.''.
(2) Secretary Gates also warned in September 2009 that
modernization is a prerequisite to nuclear force reductions,
stating that modernizing the nuclear capability of the United
States is an ``enabler of arms control and our ability to
reduce the size of our nuclear stockpile. When we have more
confidence in the long-term viability of our weapons systems,
then our ability to reduce the number of weapons we must keep
in the stockpile is enhanced.''.
(3) President Obama's 2010 Nuclear Posture Review stated
that--
(A) ``In order to sustain a safe, secure, and effective
U.S. nuclear stockpile as long as nuclear weapons exist, the
United States must possess a modern physical infrastructure--
comprised of the national security laboratories and a complex
of supporting facilities.''; and
(B) ``[I]mplementation of the Stockpile Stewardship Program
and the nuclear infrastructure investments recommended in the
NPR will allow the United States to shift away from retaining
large numbers of non-deployed warheads as a hedge against
technical or geopolitical surprise, allowing major reductions
in the nuclear stockpile. These investments are essential to
facilitating reductions while sustaining deterrence under New
START and beyond.''.
(4) Section 1251 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111 84; 123 Stat. 2549)
required the President to submit a report to Congress on the
plan for the nuclear weapons stockpile, nuclear weapons
complex, and delivery platforms at the time a follow-on
treaty to the Strategic Arms Reduction Treaty was submitted
by the President to the Senate. The President submitted such
report in May 2010 and submitted updates in November 2010 and
February 2011.
(5) Such section 1251 also contained a sense of Congress
that ``the enhanced safety, security, and reliability of the
nuclear weapons stockpile, modernization of the nuclear
weapons complex, and maintenance of nuclear delivery systems
are key to enabling further reductions in the nuclear forces
of the United States.''.
(6) Forty-one Senators wrote to President Obama on December
15, 2009, stating, ``we don't believe further reductions can
be in the national security interest of the U.S. in the
absence of a significant program to modernize our nuclear
deterrent.''.
(7) Former Secretary of Defense and Secretary of Energy
James Schlesinger stated, while testifying before the
Committee on Foreign Relations of the Senate in April 2010,
``I believe that it is immensely important for the Senate to
ensure, what the Administration has stated as its intent,
i.e., that there be a robust plan with a continuation of its
support over the full 10 years, before it proceeds to ratify
this START follow-on treaty.''.
(8) Former Secretary of State James Baker stated in
testimony before the Committee on Foreign Relations of the
Senate in May 2010 that ``because our security is based upon
the safety and reliability of our nuclear weapons, it is
important that our Government budget enough money to
guarantee that those weapons can carry out their mission.''.
(9) Former Secretary of State Henry Kissinger also stated
in May 2010 while testifying before the Committee on Foreign
Relations of the Senate that ``as part of a number of
recommendations, my colleagues, Bill Perry, George Shultz,
Sam Nunn, and I have called for significant investments in a
repaired and modernized nuclear weapons infrastructure and
added resources for the three national laboratories.''.
(10) Then Secretary of Defense Robert Gates, while
testifying before the Committee on Armed Services of the
Senate in June 2010, stated, ``I see this treaty as a vehicle
to finally be able to get what we need in the way of
modernization that we have been unable to get otherwise. . .
. We are essentially the only nuclear power in the world that
is not carrying out these kinds of modernization programs.''.
(11) Secretary Gates further stated that ``I've been up
here for the last four springs trying to get money for this
and this is the first time I think I've got a fair shot of
actually getting money for our nuclear arsenal.''.
(12) The Directors of the national nuclear weapons
laboratories wrote to the chairman and ranking member of the
Committee on Foreign Relations of the Senate in December 2010
that ``We are very pleased by the update to the Section 1251
Report, as it would enable the laboratories to execute our
requirements for ensuring a safe, secure, reliable and
effective stockpile under the Stockpile Stewardship and
Management Plan. In particular, we are pleased because it
clearly responds to many of the concerns that we and others
have voiced in the past about potential future-year funding
shortfalls, and it substantially reduces risks to the overall
program. In summary, we believe that the proposed budgets
provide adequate support to sustain the safety, security,
reliability and effectiveness of America's nuclear deterrent
within the limit of 1,550 deployed strategic warheads
established by the New START Treaty with adequate confidence
and acceptable risk.''.
(13) President Obama pledged, in a December 2010 letter to
several Senators, ``I recognize that nuclear modernization
requires investment for the long-term. . . . That is my
commitment to the Congress--that my Administration will
pursue these programs and capabilities for as long as I am
President.''.
(14) Secretary Gates added in May 2011 that, ``this
modernization program was very carefully worked out between
ourselves and the Department of Energy; and, frankly, where
we came out on that played a fairly significant role in the
willingness of the Senate to ratify the New START
agreement.''.
(15) The Administrator for Nuclear Security, Thomas
D'Agostino, testified before Congress in November 2011 that,
``it is critical to accept the linkage between modernizing
our current stockpile in order to achieve the policy
objective of decreasing the number of weapons we have in our
stockpile, while still ensuring that the deterrent is safe,
secure, and effective.''.
(b) New START Treaty Defined.--In this subtitle, 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. 1053. LIMITATION AND 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, 2011, 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, at a minimum at 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 and Limitation.--
(1) In general.--Paragraph (2) of section 1045(a) of the
National Defense Authorization Act for Fiscal Year 2012 (50
U.S.C. 2523b) is amended 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 submit to the appropriate
congressional committees, within 60 days of making such a
determination, a report detailing--
``(i) a plan to remedy 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; and
``(iv) whether and why, in light of the shortfall,
remaining a party to the New START Treaty is in the national
interest of the United States.
``(B) Limitation.--If the President submits a report under
subparagraph (A), none of the funds made available for fiscal
year 2012 or any fiscal year thereafter for the Department of
Defense or the National Nuclear Security Administration may
be used to reduce the number of deployed nuclear warheads
until--

[[Page H2892]]

``(i) after the date on which such report is submitted, the
President certifies in writing to the appropriate
congressional committees that the resource shortfall
identified in such report has been addressed; and
``(ii) a period of 120 days has elapsed following the date
on which such certification is made.
``(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) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2012.

SEC. 1054. PROGRESS OF MODERNIZATION.

(a) Findings.--Congress finds the following:
(1) In 2008, then Secretary of Defense Robert Gates warned
that ``to be blunt, there is absolutely no way we can
maintain a credible deterrent and reduce the number of
weapons in our stockpile without either resorting to testing
our stockpile or pursuing a modernization program.''.
(2) The 2010 Nuclear Posture Review stated that ``the
President has directed a review of post-New START arms
control objectives, to consider future reductions in nuclear
weapons. Several factors will influence the magnitude and
pace of future reductions in U.S. nuclear forces below New
START levels'', including--
(A) ``First, any future nuclear reductions must continue to
strengthen deterrence of potential regional adversaries,
strategic stability vis-a-vis Russia and China, and assurance
of our allies and partners. This will require an updated
assessment of deterrence requirements; further improvements
in U.S., allied, and partner non-nuclear capabilities;
focused reductions in strategic and non-strategic weapons;
and close consultations with allies and partners. The United
States will continue to ensure that, in the calculations of
any potential opponent, the perceived gains of attacking the
United States or its allies and partners would be far
outweighed by the unacceptable costs of the response.'';
(B) ``Second, implementation of the Stockpile Stewardship
Program and the nuclear infrastructure investments
recommended in the NPR will allow the United States to shift
away from retaining large numbers of non-deployed warheads as
a hedge against technical or geopolitical surprise, allowing
major reductions in the nuclear stockpile. These investments
are essential to facilitating reductions while sustaining
deterrence under New START and beyond.''; and
(C) ``Third, Russia's nuclear force will remain a
significant factor in determining how much and how fast we
are prepared to reduce U.S. forces. Because of our improved
relations, the need for strict numerical parity between the
two countries is no longer as compelling as it was during the
Cold War. But large disparities in nuclear capabilities could
raise concerns on both sides and among U.S. allies and
partners, and may not be conducive to maintaining a stable,
long-term strategic relationship, especially as nuclear
forces are significantly reduced. Therefore, we will place
importance on Russia joining us as we move to lower
levels.''.
(3) The 2010 Nuclear Posture Review also stated that the
Administration would ``conduct follow-on analysis to set
goals for future nuclear reductions below the levels expected
in New START, while strengthening deterrence of potential
regional adversaries, strategic stability vis-a-vis Russia
and China, and assurance of our allies and partners.''.
(4) The Secretary of Defense has warned in testimony before
the Committee on Armed Services of the House of
Representatives regarding the sequestration mechanism under
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 that ``if this sequester goes into effect
and it doubles the number of cuts, then it'll truly devastate
our national defense, because it will then require that we
have to go at our force structure. We will have to hollow it
out . . . [i]t will badly damage our capabilities for the
future. . . . And if you have a smaller force, you're not
going to be able to be out there responding in as many areas
as we do now.''.
(5) The 2010 Nuclear Posture Review also stated that ``by
modernizing our aging nuclear facilities and investing in
human capital, we can substantially reduce the number of
nuclear weapons we retain as a hedge.''.
(6) The President requested the promised $7,600,000,000 for
weapons activities of the National Nuclear Security
Administration in fiscal year 2012 but signed an
appropriations Act for fiscal year 2012 that provided only
$7,233,997,000, a substantial reduction to only the second
year of the ten-year plan under section 1251 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111 84; 123 Stat. 2549).
(7) The President requested only $7,577,341,000 for weapons
activities of the National Nuclear Security Administration in
fiscal year 2013 while the President's section 1251 plan
promised $7,900,000,000.
(8) The President's section 1251 plan further promised to
request $8,400,000,000 in fiscal year 2014, $8,700,000,000 in
fiscal year 2015, $8,900,000,000 in fiscal year 2016, at
least $8,900,000,000 in fiscal year 2017, at least
$9,200,000,000 in fiscal year 2018, at least $9,400,000,000
in fiscal year 2019, at least $9,400,000,000 in fiscal year
2020, and at least $9,500,000,000 in fiscal year 2021.
(9) While the administration has not yet shared with
Congress the terms of reference of the so-called Nuclear
Posture Review Implementation Study, or the Department of
Defense's instructions for that review, the only publicly
available statements by the administration, including
language from the Nuclear Posture Review, suggest the review
was specifically instructed by the President and his senior
political appointees to only consider reductions to the
nuclear forces of the United States.
(10) When asked at a hearing if the New START Treaty
allowed the United States ``to maintain a nuclear arsenal
that is more than is needed to guarantee an adequate
deterrent,'' then Commander of the United States Strategic
Command, General Kevin P. Chilton said, ``I do not agree that
it is more than is needed. I think the arsenal that we have
is exactly what is needed today to provide the deterrent.''.
(b) Nuclear Employment Strategy.--Section 491 of title 10,
United States Code, as amended by section 1051, is amended by
adding after subsection (b) the following:
``(c) Limitation.--With respect to a new nuclear weapons
employment strategy described in a report submitted to
Congress under subsection (a), none of the funds made
available for fiscal year 2012 or any fiscal year thereafter
for the Department of Defense may be used to implement such
strategy until a period of one year has elapsed following the
date on which such report is submitted to Congress.''.
(c) Limitation.--During each of fiscal years 2012 through
2021, none of the funds made available for each such fiscal
year for the Department of Defense may be used to carry 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 until the date on which the
President certifies to the congressional defense committees
that--
(1) the President has included the resources necessary to
carry out 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; 123 Stat. 2549) in
the budget of the President submitted to Congress under
section 1105(a) of title 31, United States Code, for such
fiscal year;
(2) the resources described in paragraph (1) have been
provided to the President in an appropriations Act; and
(3) the sequestration mechanism under section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 has
been repealed or the sequestration mechanism under such
section for the security category has otherwise been
terminated.

SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM
REDUCTIONS.

(a) Findings.--Congress finds the following:
(1) The Nuclear Posture Review of 2010 said, with respect
to modernizing the triad, ``for planned reductions under New
START, the United States should retain a smaller Triad of
SLBMs, ICBMs, and heavy bombers. Retaining all three Triad
legs will best maintain strategic stability at reasonable
cost, while hedging against potential technical problems or
vulnerabilities.''.
(2) The Senate stated in Declaration 13 of the Resolution
of Advice and Consent to Ratification of the New START Treaty
that ``In accordance with paragraph 1 of Article V of the New
START Treaty, which states that, `Subject to the provisions
of this Treaty, modernization and replacement of strategic
offensive arms may be carried out,' it is the sense of the
Senate that United States deterrence and flexibility is
assured by a robust triad of strategic delivery vehicles. To
this end, the United States is committed to accomplishing the
modernization and replacement of its strategic nuclear
delivery vehicles, and to ensuring the continued flexibility
of United States conventional and nuclear delivery
systems.''.
(3) The Senate required the President, prior to the entry
into force of the New START Treaty, to certify to the Senate
that the President intended to modernize or replace the triad
of strategic nuclear delivery systems.
(4) The President made this certification in a message to
the Senate on February 2, 2011, in which the President
stated, ``I intend to (a) modernize or replace the triad of
strategic nuclear delivery systems: a heavy bomber and air-
launched cruise missile, an ICBM, and a nuclear-powered
ballistic missile submarine (SSBN) and SLBM; and (b) maintain
the United States rocket motor industrial base.''.
(b) Limitation.--
(1) In general.--Chapter 24 of title 10, United States
Code, as added by section 1051, is amended by adding at the
end the following new section:

``Sec.  494. Strategic delivery system reductions

``(a) Annual Certification.--Beginning 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 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 the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111 84; 123 Stat. 2549),
including plans regarding--

[[Page H2893]]

``(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--
``(A) the nuclear command and control system; and
``(B) the rocket motor industrial base of the United
States.
``(b) Limitation.--If the President certifies under
subsection (a) that plans to modernize or replace strategic
delivery systems are not fully resourced or being executed,
none of the funds made available for fiscal year 2012 or any
fiscal year thereafter for the Department of Defense may be
used to reduce, convert, or eliminate strategic delivery
systems, whether deployed or nondeployed, pursuant to the New
START Treaty or otherwise until a period of 120 days has
elapsed following the date on which such certification is
made.
``(c) Exception.--The limitation in subsection (b) shall
not apply to--
``(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; or
``(2) strategic delivery systems that are retired or
awaiting dismantlement on the date of the certification under
subsection (a).
``(d) 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
platform for nuclear weapons.''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``494. Strategic delivery system reductions.''.

SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON
STOCKPILE REDUCTIONS.

(a) Findings.--Congress finds the following:
(1) Then Secretary of Defense Robert Gates warned in 2008
that, ``There is no way to ignore efforts by rogue states
such as North Korea and Iran to develop and deploy nuclear
weapons or Russian or Chinese strategic modernization
programs. To be sure, we do not consider Russia or China as
adversaries, but we cannot ignore these developments and the
implications they have for our national security.''.
(2) The 2010 Nuclear Posture Review stated that, ``large
disparities in nuclear capabilities could raise concerns on
both sides and among U.S. allies and partners, and may not be
conducive to maintaining a stable, long-term strategic
relationship, especially as nuclear forces are significantly
reduced.''.
(3) The Senate stated in the Resolution of Advice and
Consent to Ratification of the New START Treaty that, ``It is
the sense of the Senate that, in conducting the reductions
mandated by the New START Treaty, the President should
regulate reductions in United States strategic offensive arms
so that the number of accountable strategic offensive arms
under the New START Treaty possessed by the Russian
Federation in no case exceeds the comparable number of
accountable strategic offensive arms possessed by the United
States to such an extent that a strategic imbalance endangers
the national security interests of the United States.''.
(4) At a hearing before the Committee on Armed Services of
the House of Representatives in 2011, Secretary of Defense
Leon Panetta said, with respect to unilateral nuclear
reductions by the United States, ``I don't think we ought to
do that unilaterally--we ought to do that on the basis of
negotiations with the Russians and others to make sure we are
all walking the same path.''.
(b) Certification.--Section 1045 of the National Defense
Authorization Act for Fiscal Year 2012 (50 U.S.C. 2523b) 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 one percent of the number of
nuclear weapons in such stockpiles, 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 number of
nuclear weapons in the active and inactive stockpiles of the
Russian Federation.
``(2) Limitation.--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 number of nuclear weapons in the active and
inactive stockpiles of the Russian Federation, none of the
funds made available for fiscal year 2012 or any fiscal year
thereafter for the Department of Defense or the National
Nuclear Security Administration may be used to carry out any
reduction to such stockpiles of the United States until--
``(A) after the date on which such certification is made,
the President transmits 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
between the total nuclear forces of the United States and the
total nuclear forces of the Russian Federation; and
``(B) a period of 180 days has elapsed following the date
on which such report is transmitted.
``(3) Exception.--The limitation 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).''.

SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF
OTHER COUNTRIES.

(a) Findings.--Congress finds the following:
(1) The Resolution of Advice and Consent to Ratification of
the New START Treaty of the Senate said, ``It is the sense of
the Senate that if, during the time the New START Treaty
remains in force, the President determines that there has
been an expansion of the strategic arsenal of any country not
party to the New START Treaty so as to jeopardize the supreme
interests of the United States, then the President should
consult on an urgent basis with the Senate to determine
whether adherence to the New START Treaty remains in the
national interest of the United States.''.
(2) In 2011, experts testified before the Committee on
Armed Services of the House of Representatives that--
(A) ``Russia is modernizing every leg of its nuclear triad
with new, more advanced systems'', including new ballistic
missile submarines, new heavy intercontinental ballistic
missiles carrying up to 15 warheads each, new shorter range
ballistic missiles, and new low-yield warheads; and
(B) ``China is steadily increasing the numbers and
capabilities of the ballistic missiles it deploys and is
upgrading older ICBMs to newer, more advanced systems. China
also appears to be actively working to develop a submarine-
based nuclear deterrent force, something it has never had. .
. . A recent unclassified Department of Defense report says
that this network of tunnels could be in excess of 5,000
kilometers and is used to transport nuclear weapons and
forces.''.
(b) Report and Certification.--
(1) In general.--Chapter 24 of title 10, United States
Code, as added by section 1051, is amended by adding at the
end the following new section:

``Sec.  495. Consideration of expansion of nuclear forces of
other countries

``(a) Report and Certification.--During any year in which
the President recommends any reductions in the nuclear forces
of the United States, none of the funds made available for
fiscal year 2012 or any fiscal year thereafter for the
Department of Defense or the National Nuclear Security
Administration may be used for such recommended reduction
until the date on which--
``(1) the President transmits to the appropriate
congressional committees a report detailing, for each country
with nuclear weapons--
``(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 491(c) of
this title) of such country; and
``(D) the nuclear doctrine of such country; and
``(2) the Commander of the United States Strategic Command
certifies 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.''.
(2) The table of sections at the beginning of chapter 24 of
title 10, United States Code, is amended by inserting after
the item relating to section 494 the following new item:
``495. Consideration of expansion of nuclear forces of other
countries.''.

SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH REPLACEMENT
NUCLEAR FACILITY AND URANIUM PROCESSING
FACILITY.

(a) Findings.--Congress finds the following:
(1) Administrator for Nuclear Security Thomas D'Agostino
testified before the Committee on Armed Services of the House
of Representatives in February 2008 that ``Infrastructure
improvements are a major part of the complex transformation
plan that we have, and we've made important progress, but we
have a lot more to do. Some major facilities that we have
date back to World War II and cannot readily meet today's
safety and security requirements. Let me give you just two
quick examples, if I could. A sufficient capability to work
with plutonium is an essential part of a national security
enterprise and is required for as long as we retain a nuclear
deterrent, and most likely even longer. Currently, we have a
very small production capacity at Los Alamos, about 10 pits
per year, at our TA 55 area. Our building at Los Alamos,

[[Page H2894]]

the Chemistry and Metallurgy Research Facility, is well over
50 years old and is insufficient to support the national
security requirements for the stockpile and for future
national security mission areas. So, whether we continue on
our existing path or move towards a replacement modern
warhead-type stockpile, we still need the capacity to produce
about 50 to 80 pits per year, which is less than one-tenth of
our Cold War level, as well as the ability to carry out pit
surveillance, which is an essential part of maintaining our
stockpile.''.
(2) Then Commander of the United States Strategic Command
General Kevin P. Chilton also testified in February 2008 that
``When you have a responsive complex that has the capacity to
flex to production as you may need it or adjust your deployed
force posture in the future, should you need it--in other
words, if we go to a lower number, you need to be certain
that you can come back up, should the strategic environment
change, and you can't necessarily without that flexible or
responsive infrastructure behind it, and that's probably one
of my great concerns. And then how you posture both the
portion of your stockpile that you hold in reserve and your
confidence in the weapons that you have deployed is very much
a function of modernizing, in my view, the weapons systems
that we have available today, which are, as the secretary
described, of Cold War legacy design, and the associated
issues with them.''.
(3) The Congressional Commission on the Strategic Posture
of the United States reported in May 2009, with respect to
the timing of the replacement of the nuclear weapons
infrastructure of the United States, that ``This raises an
obvious question about whether these two replacement programs
might proceed in sequence rather than concurrently. There are
strong arguments for moving forward concurrently. Existing
facilities are genuinely decrepit and are maintained in a
safe and secure manner only at high cost. Moreover, the
improved production capabilities they promise are integral to
the program of refurbishment and modernization described in
the preceding chapter. If funding can be found for both, this
would best serve the national interest in maintaining a safe,
secure, and reliable stockpile of weapons in the most
effective and efficient manner.''.
(4) The 2010 Nuclear Posture Review states--
(A) ``The National Nuclear Security Administration (NNSA),
in close coordination with DoD, will provide a new stockpile
stewardship and management plan to Congress within 90 days,
consistent with the increases in infrastructure investment
requested in the President's FY 2011 budget. As critical
infrastructure is restored and modernized, it will allow the
United States to begin to shift away from retaining large
numbers of non-deployed warheads as a technical hedge,
allowing additional reductions in the U.S. stockpile of non-
deployed nuclear weapons over time.'';
(B) ``In order to sustain a safe, secure, and effective
U.S. nuclear stockpile as long as nuclear weapons exist, the
United States must possess a modern physical infrastructure--
comprised of the national security laboratories and a complex
of supporting facilities.'';
(C) ``Funding the Chemistry and Metallurgy Research
Replacement Project at Los Alamos National Laboratory to
replace the existing 50-year old Chemistry and Metallurgy
Research facility in 2021.'';
(D) ``Developing a new Uranium Processing Facility at the Y
12 Plant in Oak Ridge, Tennessee to come on line for
production operations in 2021.'';
(E) ``Without an ability to produce uranium components, any
plan to sustain the stockpile, as well as support for our
Navy nuclear propulsion, will come to a halt. This would have
a significant impact, not just on the weapons program, but in
dealing with nuclear dangers of many kinds.''; and
(F) ``The non-deployed stockpile currently includes more
warheads than required for the above purposes, due to the
limited capacity of the National Nuclear Security
Administration (NNSA) complex to conduct LEPs for deployed
weapons in a timely manner. Progress in restoring NNSA's
production infrastructure will allow these excess warheads to
be retired along with other stockpile reductions planned over
the next decade.''.
(5) In the memorandum of agreement between the Department
of Defense and the Department of Energy concerning the
modernization of the nuclear weapon stockpile of the United
States dated May 3, 2010, then Secretary of Defense Robert
Gates and Secretary of Energy Steven Chu agreed that ``DOE
Agrees to . . . increase pit production capacity . . . plan
and program to ramp up to a minimum of 50 80 PPY in 2022.''.
(6) The plan required under section 1251 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111 84; 123 Stat. 2549) submitted by the President states
that the Chemistry and Metallurgy Research Replacement
building and the Uranium Processing Facility will complete
construction by 2021 and will achieve full operational
functionality by 2024.
(7) The Senate required that, prior to the entry into force
of the New START Treaty, the President certifies to the
Senate that the President intends to--
(A) accelerate to the extent possible the design and
engineering phase of the Chemistry and Metallurgy Research
Replacement building and the Uranium Processing Facility; and
(B) request full funding, including on a multiyear basis as
appropriate, for the Chemistry and Metallurgy Research
Replacement building and the Uranium Processing Facility upon
completion of the design and engineering phase for such
facilities.
(8) The President did request full funding for such
facilities on February 2, 2011, when the President stated,
``I intend to (a) accelerate, to the extent possible, the
design and engineering phase of the Chemistry and Metallurgy
Research Replacement (CMRR) building and the Uranium
Processing Facility (UPF); and (b) request full funding,
including on a multi-year basis as appropriate, for the CMRR
building and the UPF upon completion of the design and
engineering phase for such facilities.''.
(b) Limitation.--Section 1045 of the National Defense
Authorization Act for Fiscal Year 2012 (50 U.S.C. 2523b), as
amended by section 1056(b), is amended by adding at the end
the following new subsection:
``(e) CMRR and UPF.--
``(1) Annual certification.--Beginning fiscal year 2013,
the President shall annually certify in writing to the
congressional defense committees whether--
``(A) the construction of both the Chemistry and Metallurgy
Research Replacement building and the Uranium Processing
Facility will be completed by not later than 2021; and
``(B) both facilities will be fully operational by not
later than 2024.
``(2) Limitation.--If the President certifies under
paragraph (1) that the Chemistry and Metallurgy Research
Replacement building and the Uranium Processing Facility will
be completed by later than 2021 or be fully operational by
later than 2024, none of the funds made available for fiscal
year 2012 or any fiscal year thereafter for the National
Nuclear Security Administration may be used to reduce the
nondeployed nuclear warheads in the nuclear weapons stockpile
of the United States until a period of 120 days has elapsed
following the date of such certification.
``(3) Exception.--The limitation in paragraph (2) shall not
apply to--
``(A) reductions made to ensure the safety, security,
reliability, and credibility of the nuclear weapons stockpile
and 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) Termination.--The requirement in paragraph (1) shall
terminate on the date on which the President certifies in
writing to the congressional defense committees that the
Chemistry and Metallurgy Research Replacement building and
the Uranium Processing Facility are both fully
operational.''.

SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.

(a) Sense of Congress.--It is the sense of Congress that
reducing the number of nuclear warheads contained on each
intercontinental ballistic missile of the United States does
not promote strategic stability if at the same time other
nuclear weapons states, including the Russian Federation and
the People's Republic of China, are rapidly increasing the
warhead-loading of their land-based missile forces.
(b) Limitation.--
(1) In general.--Chapter 24 of title 10, United States
Code, as added by section 1051, is amended by adding at the
end the following new section:

``Sec.  496. Nuclear warheads on intercontinental ballistic
missiles of the United States

``(a) In General.--During any year in which the President
proposes to reduce the number of nuclear warheads contained
on an intercontinental ballistic missile of the United
States, none of the funds made available for fiscal year 2012
or any fiscal year thereafter for the Department of Defense
or the National Nuclear Security Administration may be used
for such proposed reduction if the reduction results in such
missile having only a single nuclear warhead unless the
President certifies in writing to the congressional defense
committees that the Russian Federation and the People's
Republic of China are both also carrying out a similar
reduction.
``(b) Exception.--The limitation in subsection (a) shall
not apply to reductions made to ensure the safety, security,
reliability, and credibility of the nuclear weapons stockpile
and delivery systems, including activities related to
surveillance, assessment, certification, testing, and
maintenance of nuclear warheads and strategic delivery
systems.''.
(2) The table of sections at the beginning of chapter 24 of
title 10, United States Code, is amended by inserting after
the item relating to section 495 the following:
``496. Nuclear warheads on intercontinental ballistic missiles of the
United States.''.

SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND
EXTENDED DETERRENCE POLICY.

(a) Findings.--Congress finds the following:
(1) The NATO Strategic Concept of 2010 endorsed the
continued role of nuclear weapons in the security of the NATO
alliance, stating--
(A) ``The supreme guarantee of the security of the Allies
is provided by the strategic nuclear forces of the Alliance,
particularly those of the United States; the independent
strategic nuclear forces of the United Kingdom and France,
which have a deterrent role of their own, contribute to the
overall deterrence and security of the Allies.'';
(B) ``We will ensure that NATO has the full range of
capabilities necessary to deter and defend against any threat
to the safety and security of our populations. Therefore, we
will . . . maintain an appropriate mix of nuclear and
conventional forces''; and
(C) ``[NATO will] ensure the broadest possible
participation of Allies in collective defence planning on
nuclear roles, in peacetime basing of nuclear forces, and in
command, control and consultation arrangements.''.
(2) However, the 2010 Strategic Concept also walked away
from the decades-long policy encapsulated by the 1999
Strategic Concept that

[[Page H2895]]

said, ``The presence of United States conventional and
nuclear forces in Europe remains vital to the security of
Europe, which is inseparably linked to that of North
America.''.
(3) Former Secretary of Defense William Perry said in March
2011 testimony before the Subcommittee on Strategic Forces of
the Committee on Armed Services of the House of
Representatives that ``the reason we have nuclear weapons in
Europe in the first place, is not because the rest of our
weapons are not capable of deterrence, but because, during
the Cold War at least, our allies in Europe felt more assured
when we had nuclear weapons in Europe. That is why they were
deployed there in the first place. Today the issue is a
little different. The issue is the Russians in the meantime
have built a large number of nuclear weapons, and we keep our
nuclear weapons there as somewhat of a political leverage for
dealing with an ultimate treaty in which we may get Russia
and the United States to eliminate tactical nuclear weapons.
My own view is it would be desirable if both the United
States and Russia would eliminate tactical nuclear weapons,
but I see it as very difficult to arrive at that conclusion
if we were to simply eliminate all of our tactical nuclear
weapons unilaterally.''.
(4) During testimony before the Subcommittee on Strategic
Forces of the Committee on Armed Services of the House of
Representatives in July 2011--
(A) former Department of Defense official Frank Miller
stated, ``as long as U.S. allies believe that those weapons
need to be there, we need to make sure that we provide that
security.''; and
(B) former Department of Defense official Mort Halperin
stated, ``I do not think we should be willing to trade our
withdrawal of our nuclear weapons from Europe for some
reduction, even a substantial reduction, in Russian tactical
nuclear weapons because if it is . . . that the credibility
of the American nuclear deterrent for our NATO allies depends
on the presence of nuclear weapons in Europe, that will not
change if the Russians cut their tactical nuclear arsenal by
two thirds, or even eliminate it because they will still have
their strategic weapons, which, while they can't have
intermediate range missiles, they can find a way to target
them on the NATO countries.''.
(5) Section 1237(b) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112 81) expressed the
sense of Congress that--
(A) the commitment of the United States to extended
deterrence in Europe and the nuclear alliance of NATO is an
important component of ensuring and linking the national
security of the United States and its European allies;
(B) the nuclear forces of the United States are a key
component of the NATO nuclear alliance; and
(C) the presence of the 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 NATO allies who feel exposed to regional threats.
(b) Limitation.--Chapter 24 of title 10, United States
Code, as added by section 1051, is amended by adding at the
end the following new section:

``Sec.  497. Limitation on reduction, consolidation, or
withdrawal of nuclear forces based in Europe

``(a) Policy on Nonstrategic Nuclear Weapons.--It is the
policy of the United States--
``(1) to pursue negotiations with the Russian Federation
aimed at the reduction of Russian deployed and nondeployed,
nonstrategic nuclear forces;
``(2) that nonstrategic nuclear weapons should be
considered when weighing the balance of the nuclear forces of
the United States and the Russian Federation;
``(3) that 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; and
``(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 NATO.
``(b) Policy on Extended Deterrence Commitment to Europe.--
It is the policy of the United States that--
``(1) it maintain its commitment to extended deterrence,
specifically the nuclear alliance of the North Atlantic
Treaty Organization, as an important component of ensuring
and linking the national security interests of the United
States and the security of its European allies;
``(2) forward-deployed nuclear forces of the United States
shall remain based in Europe in support of the nuclear policy
and posture of NATO;
``(3) 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--contributes to the
cohesion of NATO and provides reassurance to allies and
partners who feel exposed to regional threats; and
``(4) only the President and Congress can articulate when
and how the United States will employ 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.
``(c) Limitation on Reduction, Consolidation, or Withdrawal
of Nuclear Forces Based in Europe.--In light of the policy
expressed in subsections (a) and (b), none of the funds made
available for fiscal year 2012 or any fiscal year thereafter
for the Department of Defense may be used to effect or
implement the reduction, consolidation, or withdrawal of
nuclear forces of the United States that are based in Europe
unless--
``(1) the reduction, consolidation, or withdrawal of such
nuclear forces is requested by the government of the host
nation in the manner provided in the agreement between the
United States and the host nation regarding the forces;
``(2) the President certifies that--
``(A) NATO member states have considered the reduction,
consolidation, or withdrawal in the High Level Group;
``(B) NATO has decided to support such reduction,
consolidation, or withdrawal;
``(C) the remaining nuclear forces of the United States
that are based in Europe after such reduction, consolidation,
or withdrawal would provide a commensurate or better level of
assurance and credibility as before such reduction,
consolidation, or withdrawal; and
``(D) there has been reciprocal action by the Russian
Federation, not including the Russian Federation relocating
nuclear forces from one location to another; or
``(3) the reduction, consolidation, or withdrawal of such
nuclear forces is specifically authorized by an Act of
Congress.
``(d) Notification.--Upon any decision to reduce,
consolidate, or withdraw the nuclear forces of the United
States that are based in Europe, the President shall submit
to the appropriate congressional committees a notification
containing--
``(1) the certification required by paragraph (2) of
subsection (c) if such reduction, consolidation, or
withdrawal is based upon such paragraph;
``(2) justification for such reduction, consolidation, or
withdrawal; and
``(3) an assessment of how NATO member states, 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).
``(e) Notice and Wait Requirement.--The President may not
commence a reduction, consolidation, or withdrawal of the
nuclear forces of the United States that are based in Europe
for which the certification required by subsection (c)(2) is
made until the expiration of a 180-day period beginning on
the date on which the President submits the notification
under subsection (d) containing the certification.
``(f) Appropriate Congressional Committees.--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.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 24 of title 10, United States Code, is
amended by inserting after the item relating to section 496
the following:
``497. Limitation on reduction, consolidation, or withdrawal of nuclear
forces based in Europe.''.

SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.

Section 179 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by adding at the end the
following: ``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.''; and
(2) in subsection (d)--
(A) in paragraph (2), by inserting ``and alternatives''
before the period;
(B) in paragraph (3), by inserting ``and approving'' after
``Coordinating'';
(C) in paragraph (7)--
(i) by striking ``broad'' and inserting ``specific''; and
(ii) by inserting before the period the following: ``and
priorities among activities, including production,
surveillance, research, construction, and any other programs
within the National Nuclear Security Administration''; and
(D) by adding at the end the following new paragraph:
``(11) Coordinating and approving the annual budget
proposals of the National Nuclear Security Administration,
including before such proposals are submitted to--
``(A) the Director of the Office of Management and Budget;
``(B) the President; and
``(C) Congress under section 1105 of title 31.''.

SEC. 1062. 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.

[[Page H2896]]

``(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 July 1, 2013, the
Interagency Council on the Strategic Capability of the
National Laboratories 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 more
cost-effective.
(E) Ongoing and planned measures for increasing cost-
sharing and institutional support investments from other
agencies.
(F) Any regulatory or statutory changes recommended to
improve the ability of such other agencies to leverage
expertise and capabilities at such laboratories.
(2) Appropriate congressional committees.--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. 1063. REPORT ON CAPABILITY OF CONVENTIONAL AND NUCLEAR
FORCES AGAINST CERTAIN TUNNEL SITES.

(a) 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.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees.--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. 1064. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE
WESTERN PACIFIC REGION.

(a) Sense of Congress.--Congress--
(1) supports steps taken by the President to--
(A) reinforce the security of the allies of the United
States; and
(B) strengthen the deterrent capability of the United
States against the illegal and increasingly belligerent
actions of North Korea; and
(2) encourages further steps, including such steps to
deploy additional conventional forces of the United States
and redeploy tactical nuclear weapons to the Western Pacific
region.
(b) Report.--Not later than 90 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 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.

SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL.

It is the sense of Congress that the nuclear force
structure of the United States should be periodically
reexamined, through nuclear posture reviews, to assess
assumptions that shape the structure, size, and targeting of
the nuclear forces of the United States and to ensure that
such forces are structured, sized, and targeted--
(1) to be capable of holding at risk the assets that
potential adversaries value; and
(2) to provide robust extended deterrence and assurance to
allies of the United States.

Subtitle F--Studies and Reports

SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE OF
ELECTROMAGNETIC SPECTRUM.

(a) Report.--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, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report assessing the use of electromagnetic spectrum
by the Department of Defense, including--
(1) a comparison of the actual and projected cost impact,
time required to plan and implement, and policy implications
of electromagnetic spectrum reallocations made since the
enactment of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103 66, 107 Stat. 312);
(2) an identification of critical electromagnetic spectrum
assignments where there is use by the Department of Defense
that--
(A) cannot be eliminated, relocated, consolidated in other
electromagnetic spectrum bands, or for which there is no
commercial or non-spectrum alternative, including a detailed
explanation of why that is the case; and
(B) can be eliminated, relocated, consolidated in other
electromagnetic spectrum bands, or for which there is a
commercial or non-spectrum alternative, including frequency
of use, time necessary to relocate or consolidate to another
electromagnetic spectrum band, and operational and cost
impacts; and
(3) an analysis of the research being conducted by the
Department of Defense in electromagnetic spectrum-sharing and
other dynamic electromagnetic spectrum access technologies,
including maturity level, applicability for spectrum
relocation or consolidation, and potential costs for
continued development or implementation.
(b) Interim Update.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing to
update such committees on the status of the report required
under subsection (b).
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.

SEC. 1067. 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.

[[Page H2897]]

(b) Plan Required.--Not later than January 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. 1068. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND
LIMITATIONS.

(a) Report Required.--Not later than March 1, 2013, 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 of current capabilities and limitations.
(2) An overview and assessment of current and future
training requirements and gaps.
(3) An assessment of technical capability gaps.
(4) An assessment of interagency coordination capabilities
and gaps.
(5) An outline of current and future proliferation and
weapons of mass destruction threats, including critical
intelligence gaps.
(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 this area.
(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 considered appropriate.

Subtitle G--Miscellaneous Authorities and Limitations

SEC. 1071. 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 mental 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 mental health professional or such
commanding officer has reasonable grounds to believe such
member is at high risk for suicide or causing harm to
others.''.

SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE
ARMY TO LOAN OR DONATE EXCESS SMALL ARMS FOR
FUNERAL AND OTHER CEREMONIAL PURPOSES.

Section 4683(a) of title 10, United States Code, is amended
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 small arms to an eligible
organization;
``(ii) authorize an eligible organization to retain small
arms other than M 1 rifles; or
``(iii) if excess small arms stock is insufficient to meet
organizational requirements, prescribe policies and
procedures to establish a rotational loan program based on
the needs of eligible organizations.
``(B) Nothing in this paragraph shall be construed to
supersede any Federal law or regulation governing the use or
ownership of firearms.
``(C) The Secretary may not delegate the authority under
this paragraph.''.

SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MANUFACTURING
BEYOND LOW-RATE INITIAL PRODUCTION AT CERTAIN
PROTOTYPE INTEGRATION FACILITIES.

(a) Prohibition.--None of the funds authorized to be
appropriated by this Act may be used for manufacturing
production beyond the greater of low-rate initial production
or 1000 units at a prototype integration facility of any of
the following components of the Army Research, Development,
and Engineering Command:
(1) The Armament Research, Development, and Engineering
Center.
(2) The Aviation and Missile Research, Development, and
Engineering Center.
(3) The Communications-Electronics Research, Development,
and Engineering Center.
(4) The Tank Automotive Research, Development, and
Engineering Center.
(b) Waiver.--The Assistant Secretary of the Army for
Acquisition, Logistics, and Technology may waive the
prohibition under subsection (a) for a fiscal year if--
(1) the Assistant Secretary determines that the waiver is
necessary--
(A) for reasons of national security; or
(B) to rapidly acquire equipment to respond to combat
emergencies; and
(2) the Assistant Secretary submits to Congress a
notification of the waiver together with the reasons for the
waiver.
(c) Low-rate Initial Production.--For purposes of this
section, the term ``low-rate initial production'' shall be
determined in accordance with section 2400 of title 10,
United States Code.

SEC. 1074. 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 resources from the Department of Defense, Federal
Aviation Administration, and 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 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 (Public
Law 112 95; 126 Stat. 72).
(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 the
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
collaborative research activity, including--
(i) the progress on accomplishing the goals of the unmanned
aircraft systems research, development, and demonstration
roadmap of the Next Generation Air Transportation System
Joint Planning and Development Office of the Federal Aviation
Administration; and
(ii) estimates of long-term funding needs.
(B) Termination.--The requirement to submit a report under
subparagraph (A) shall terminate on the date that is five
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 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 (Public Law
110 417; 122 Stat. 4596) established by the Secretary of
Defense and the Administrator of the Federal Aviation
Administration.

SEC. 1075. 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

[[Page H2898]]

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. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF AIRCRAFT.

(a) In General.--Except as provided by section 135, none of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 for the Army or
the Air Force may be used during fiscal year 2013 to divest,
retire, or transfer, or prepare 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.
(b) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if--
(1) the Secretary submits to the congressional defense
committees written certification that such a waiver is
necessary to meet an emergency national security requirement;
and
(2) a period of 15 days has elapsed following the date on
which such certification is submitted.
(c) Report.--
(1) In general.--Not later than March 1, 2013, the
Secretary of Defense shall submit to the congressional
defense committees a report by the Chief of the National
Guard Bureau, the Chief of Staff of the Air Force, and the
Chief of Staff of the Army and approved by the Secretary of
Defense that specifies, with respect to all aircraft proposed
to be retired during fiscal years 2013 through 2017--
(A) the economic analysis used to make each realignment
decision with respect to such aircraft of the National Guard
and Air Force Reserve;
(B) alternative options considered for each such
realignment decision, including an analysis of such options;
(C) the effect of each such realignment decision on--
(i) the current personnel at the location; and
(ii) the missions and capabilities of the Army; and
(D) the plans for each location that is being realigned,
including the analysis used for such plans.
(2) GAO analysis.--The Comptroller General of the United
States shall carry out the following:
(A) An economic analysis of the realignment decisions made
by the Secretary of Defense with respect to the aircraft of
the National Guard and Air Force Reserve described in
paragraph (1)(A).
(B) An analysis of the alternative options considered for
each such realignment decision.
(C) An analysis of the effect of each such realignment
decision on--
(i) the current personnel at the location; and
(ii) the missions and capabilities of the Army; and
(D) An analysis of the plans described in paragraph (1)(D).
(3) Cooperation.--The Secretary of Defense shall provide
the Comptroller General with relevant data and cooperation to
carry out the analyses under paragraph (2).
(4) Submittal.--Not later than 90 days after the date on
which the Secretary submits the report under paragraph (1),
the Comptroller General shall submit to the congressional
defense committees a report containing the analyses conducted
under paragraph (2).

SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE USE OF
NONDISCLOSURE AGREEMENTS TO PREVENT MEMBERS OF
THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT FROM COMMUNICATING WITH MEMBERS OF
CONGRESS.

(a) Inclusion of Civilian Employees in Current Prohibition
on Restricting Communication.--Paragraph (1) of subsection
(a) of section 1034 of title 10, United States Code, is
amended by inserting ``or civilian employee of the Department
of Defense'' after ``member of the armed forces''.
(b) Prohibition on Using Nondisclosure Agreements to
Restrict Communication.--Such subsection is further amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2)(A) The prohibition imposed by paragraph (1) precludes
the use of a nondisclosure agreement with a member of the
armed forces or a civilian employee of the Department of
Defense to restrict the member or employee in communicating
with a Member of Congress or an Inspector General.
``(B) Subparagraph (A) does not prevent the use of
nondisclosure agreements to prevent the disclosure of--
``(i) deliberations regarding the closure or realignment of
a military installation under a base closure law;
``(ii) commercial proprietary information; and
``(iii) classified information the level of which exceeds
the clearance held by the requestor.''.

Subtitle H--Other Matters

SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW PANEL.

(a) Bipartisan Independent Strategic Review Panel.--
(1) Establishment.--Chapter 2 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec.  119b. Bipartisan independent strategic review panel

``(a) Establishment.--There is established a bipartisan
independent strategic review panel (in this section referred
to as the `Panel') to conduct a regular review of the
national defense strategic environment of the United States
and to conduct an independent assessment of the quadrennial
defense review required under section 118.
``(b) Membership.--
``(1) Appointment.--The Panel shall be composed of 12
members from civilian life with a recognized expertise in
national security matters who shall be appointed as follows:
``(A) Four members shall be appointed by the Secretary of
Defense, of whom not more than three members shall be of the
same political party.
``(B) Two members shall be appointed by the chair of the
Committee on Armed Services of the House of Representatives.
``(C) Two members shall be appointed by the chair of the
Committee on Armed Services of the Senate.
``(D) Two members shall be appointed by the ranking
minority member of the Committee on Armed Services of the
House of Representatives.
``(E) Two members shall be appointed by the ranking
minority member of the Committee on Armed Services of the
Senate.
``(2) Initial members: appointment date and term of
service.--
``(A) Appointment date.--The initial members of the Panel
shall be appointed under paragraph (1) not later than January
30, 2013.
``(B) Terms.--
``(i) The Secretary of Defense shall designate two initial
members of the Panel appointed under paragraph (1)(A) to
serve terms that expire on December 31, 2013, and two such
initial members to serve terms that expire on December 31,
2014.
``(ii) The chair of the Committee on Armed Services of the
House of Representatives shall designate one initial member
of the Panel appointed under paragraph (1)(B) to serve a term
that expires on December 31, 2013, and one such initial
member to serve a term that expires on December 31, 2014.
``(iii) The chair of the Committee on Armed Services of the
Senate shall designate one initial member of the Panel
appointed under paragraph (1)(C) to serve a term that expires
on December 31, 2013, and one such initial member to serve a
term that expires on December 31, 2014.
``(iv) The ranking minority member of the Committee on
Armed Services of the House of Representatives shall
designate one initial member of the Panel appointed under
paragraph (1)(D) to serve a term that expires on December 31,
2013, and one such initial member to serve a term that
expires on December 31, 2014.
``(v) The ranking minority member of the Committee on Armed
Services of the Senate shall designate one initial member of
the Panel appointed under paragraph (1)(E) to serve a term
that expires on December 31, 2013, and one such initial
member to serve a term that expires on December 31, 2014.
``(3) Chairs.--The Secretary of Defense shall designate two
members appointed pursuant to paragraph (1)(A) that are not
of the same political party to serve as the Chairs of the
Panel.
``(4) Vacancies.--
``(A) A vacancy in the Panel shall be filled in the same
manner as the original appointment and not later than 30 days
after the date on which the vacancy begins.
``(B) A member of the Panel appointed to fill a vacancy
shall be appointed for a term that expires--
``(i) in the case of an appointment to fill a vacancy
resulting from a person not serving the entire term for which
such person was appointed, at the end of the remainder of
such term; and
``(ii) in the case of an appointment to fill a vacancy
resulting from the expiration of the term of a member of the
panel, two years after the date on which the term of such
member expired.
``(5) Reappointment.--Members of the Panel may be
reappointed to the Panel for additional terms of service.
``(6) Pay.--The members of the Panel shall serve without
pay.
``(7) Travel expenses.--Each member of the Panel shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(c) Duties.--
``(1) Review of national defense strategic environment.--
The Panel shall every four years, during a year following a
year evenly divisible by four, review the national defense
strategic environment of the United States. Such review shall
include a review and assessment of--
``(A) the national defense environment, including
challenges and opportunities;
``(B) the national defense strategy and policy;
``(C) the national defense roles, missions, and
organizations;
``(D) the risks to the national defense of the United
States and how such risks affect challenges and opportunities
to national defense; and
``(2) Additional reviews.--The Panel may conduct additional
reviews under paragraph (1) as requested by Congress or the
Secretary of Defense, or when the Panel determines a
significant change in the national defense environment has
occurred that would warrant new recommendations from the
Panel.
``(3) Assessment of quadrennial defense review.--The Panel
shall conduct an assessment of each quadrennial defense
review required to be conducted under section 118. Each
assessment shall include--
``(A) a review of the Secretary of Defense's terms of
reference, and any other materials providing the basis for,
or substantial inputs to, the work of the Department of
Defense on such quadrennial defense review;
``(B) an assessment of the assumptions, strategy, findings,
and risks in the report of the Secretary of Defense on such
quadrennial defense review required under section 118(d),
with particular attention paid to the risks described in such
a report;

[[Page H2899]]

``(C) an independent assessment of a variety of possible
force structures for the armed forces, including the force
structure identified in the report required under section
118(d); and
``(D) a review of the resource requirements identified in
such quadrennial defense review pursuant to section 118(b)(3)
and, to the extent practicable, a general comparison of such
resource requirements with the resource requirements to
support the forces contemplated under the force structures
assessed under subparagraph (C).
``(d) Administrative Provisions.--
``(1) Staff.--
``(A) In general.--The Chairs of the Panel may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and not more than 11
additional personnel, as may be necessary to enable the Panel
to perform the duties of the Panel.
``(B) Compensation.--The Chairs of the Panel may fix the
compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
the 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.
``(2) Detail of government employees.--Any Federal
Government employee may be detailed to the Panel without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
``(3) Procurement of temporary and intermittent services.--
The Chairs of the Panel may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of
such title.
``(4) Provision of information.--The Panel may request
directly from the Department of Defense and any of its
components such information as the Panel considers necessary
to carry out its duties under this section. The head of the
department or agency concerned shall cooperate with the Panel
to ensure that information requested by the Panel under this
paragraph is promptly provided to the maximum extent
practical.
``(5) Use of certain department of defense resources.--Upon
the request of the Chairs of the Panel, the Secretary of
Defense shall make available to the Panel the services of any
federally-funded research and development center that is
covered by a sponsoring agreement of the Department of
Defense.
``(6) Funding.--Funds for activities of the Panel shall be
provided from amounts available to the Department of Defense.
``(e) Reports.--
``(1) Review of national defense strategic environment.--
Not later than June 30 of a year following a year evenly
divisible by four, the Panel shall submit to the
congressional defense committees, the Secretary of Defense,
and the National Security Council a report containing the
results of the review conducted under subsection (c)(1) and
any recommendations or other matters that the Panel considers
appropriate.
``(2) Assessment of quadrennial defense review.--Not later
than 90 days after the date on which a report on a
quadrennial defense review is submitted to Congress under
section 118(d), the Panel shall submit to the congressional
defense committees and the Secretary of Defense a report
containing the results of the assessment conducted under
subsection (c)(3) and any recommendations or other matters
that the Panel considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 10, United States Code, is
amended by adding at the end the following new item:
``119b. Bipartisan independent strategic review panel.''.
(b) Updates From Secretary of Defense on Progress of
Quadrennial Defense Review.--Section 118(f) of title 10,
United States Code, is amended to read as follows:
``(f) Updates to Bipartisan Independent Strategic Review
Panel.--The Secretary of Defense shall ensure that
periodically, but not less often than every 60 days, or at
the request of the Chairs of the bipartisan independent
strategic review panel established under section 119b(a), the
Department of Defense briefs such panel on the progress of
the conduct of a quadrennial defense review under subsection
(a).''.
(c) Bipartisan Independent Strategic Review of the United
States Army.--
(1) Review required.--Not later than 30 days after the date
on which all initial members of the bipartisan independent
strategic review panel are appointed under section 119b(b) of
title 10, United States Code, as added by subsection (a)(1)
of this section, the Panel shall begin a review of the future
of the Army.
(2) Elements of review.--The review required under
paragraph (1) shall include a review and assessment of--
(A) the validity and utility of the scenarios and planning
assumptions the Army used to develop the current force
structure of the Army;
(B) such force structure and an evaluation of the adequacy
of such force structure for meeting the goals of the national
military strategy of the United States;
(C) the size and structure of elements of the Army, in
particular United States Army Training and Doctrine Command,
United States Army Materiel Command, and corps and higher
headquarters elements;
(D) potential alternative force structures of the Army; and
(E) the resource requirements of each of the alternative
force structures analyzed by the Panel.
(3) Report.--
(A) Panel report.--Not later than one year after the date
on which the Panel begins the review required under paragraph
(1), the Panel shall submit to the congressional defense
committees and the Secretary of Defense a report containing
the findings and recommendations of the Panel, including any
recommendations concerning changes to the planned size and
composition of the Army.
(B) Additional views.--The report required under
subparagraph (A) shall include any additional or dissenting
views of a member of the Panel that such member considers
appropriate to include in such report.
(4) Definitions.--In this section:
(A) Army.--The term ``Army'' includes the reserve
components of the Army.
(B) Bipartisan independent strategic review panel.--The
terms ``bipartisan independent strategic review panel'' and
``Panel'' mean the bipartisan independent strategic review
panel established under section 119b(a) of title 10, United
States Code, as added by subsection (a)(1) of this section.

SEC. 1082. NOTIFICATION OF DELAYED REPORTS.

(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 122a the following new
section:

``Sec.  122b. Notification of delayed reports

``If the Secretary of Defense determines that a report
required by law to be submitted by any official of the
Department of Defense to Congress will not be submitted by
the date required under law, the Secretary shall submit to
the congressional defense committees a notification, by not
later than such date, of the following:
``(1) An explanation of why such report will not be
submitted by such date.
``(2) The date on which such report will be submitted.
``(3) The status of such report as of the date of the
notification.
``(4) The office of the Department carrying out such report
and the individual acting as the head of such office.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 122a the following new item:
``122b. Notification of delayed reports.''.

SEC. 1083. 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 541(b) (125 Stat. 1407) is amended by striking
``, as amended by subsection (a),''.
(3) Section 589(b) (125 Stat. 1438) is amended by striking
``section 717'' and inserting ``section 2564''.
(4) Section 602(a)(2) (125 Stat. 1447) is amended by
striking ``repairs,'' and inserting ``repairs''.
(5) Section 631(e)(28)(A) (125 Stat. 1464) is amended by
striking ``In addition'' in the matter proposed to be
inserted and inserting ``Under regulations''.
(6) Section 631(f)(2) (125 Stat. 1464) is amended by
striking ``table of chapter'' and inserting ``table of
chapters''.
(7) Section 631(f)(3)(B) (125 Stat. 1465) is amended by
striking ``chapter 9'' and inserting ``chapter 10''.
(8) Section 631(f)(4) (125 Stat. 1465) is amended by
striking ``subsection (c)'' both places it appears and
inserting ``subsection (d)''.
(9) 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''.
(10) Section 832(b)(1) (125 Stat. 1504) is amended by
striking ``Defenese'' and inserting ``Defense''.
(11) Section 855 (125 Stat. 1521) is amended by striking
``Section 139e(b)(12)'' and inserting ``Section
139c(b)(12)''.
(12) Section 864(a)(2) (125 Stat. 1522) is amended by
striking ``for Acquisition Workforce Programs'' in the matter
proposed to be struck.
(13) 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.'.''.
(14) Section 866(a) (125 Stat. 1526) is amended by striking
``September 30'' in the matter proposed to be struck and
inserting ``December 31''.
(15) 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''.
(16) Section 1045(c)(1) (125 Stat. 1577) is amended by
striking ``described in subsection (b)'' and inserting
``described in paragraph (2)''.
(17) 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).

[[Page H2900]]

(18) 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''.
(19) 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 533(b) (124 Stat. 4216) is amended by inserting
``Section'' before ``1559(a)''.
(2) Section 863(d)(9) (124 Stat. 4293; 10 U.S.C. 2330 note)
is amended by striking ``this title'' and inserting ``title
10, United States Code''.
(3) Section 896(a) (124 Stat. 4314) is amended by striking
``Chapter 7'' and inserting ``Chapter 4''.
(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'' each
place it appears 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''.
(d)  Cross-reference Amendments Relating to Enactment of
Title 41.--Title 10, United States Code, is amended as
follows:
(1) Section 2302 is amended--
(A) in paragraph (7), by striking ``section 4 of such Act''
and inserting ``such section''; and
(B) in paragraph (9)(A)--
(i) by striking ``section 26 of the Office of Federal
Procurement Policy Act (41 U.S.C. 422)'' and inserting
``chapter 15 of title 41''; and
(ii) by striking ``such section'' and inserting ``such
chapter''.
(2) Section 2306a(b)(3)(B) is amended by striking ``section
4(12)(C)(i) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)(C)(i))'' and inserting ``section 103(3)(A)
of title 41''.
(3) Section 2321(f)(2) is amended by striking ``section
35(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 431(c))'' and inserting ``section 104 of title 41''.
(4) Section 2359a(h) is amended by striking ``section 16(c)
of the Office of Federal Procurement Policy Act (41 U.S.C.
414(c))'' and inserting ``section 1702(c) of title 41''.
(5) Section 2359b(k)(4) is amended--
(A) in subparagraph (A), by striking ``section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403)''
and inserting ``section 110 of title 41''; and
(B) in subparagraph (B), by adding a period at the end.
(6) Section 2379 is amended--
(A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i),
by striking ``section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12))'' and inserting
``section 103 of title 41''; and
(B) in subsections (b) and (c)(1), by striking ``section
35(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 431(c))'' and inserting ``section 104 of title 41''.
(7) Section 2382(c) is amended--
(A) in paragraph (2)(B), by striking ``sections 303H
through 303K of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h through 253k)'' and
inserting ``sections 4101, 4103, 4105, and 4106 of title
41''; and
(B) in paragraph (3)(A), by striking ``section 16(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(c))''
and inserting ``section 1702(c) of title 41''.
(8) Section 2410m(b)(1) is amended--
(A) in subparagraph (A)(i), by striking ``section 7 of such
Act'' and inserting ``section 7104(a) of such title''; and
(B) in subparagraph (B)(ii), by striking ``section 7 of the
Contract Disputes Act of 1978'' and inserting ``section
7104(a) of title 41''.
(9) Section 2533b is amended--
(A) in subsection (h)--
(i) in paragraph (1), by striking ``sections 34 and 35 of
the Office of Federal Procurement Policy Act (41 U.S.C. 430
and 431)'' and inserting ``sections 1906 and 1907 of title
41''; and
(ii) in paragraph (2), by striking ``section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c))''
and inserting ``section 104 of title 41''; and
(B) in subsection (m)--
(i) in paragraph (2), by striking ``section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403)'' and
inserting ``section 105 of title 41'';
(ii) in paragraph (3), by striking ``section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403)''
and inserting ``section 131 of title 41''; and
(iii) in paragraph (5), by striking ``section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c))''
and inserting ``section 104 of title 41''.
(e) Other 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 2382(b)(1) is amended by inserting ``of the
Small Business Act (15 U.S.C. 657q(c)(4))'' after ``section
44(c)(4)'';
(3) 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''.
(4) 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''.
(f) 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 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''.
(3) 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''.
(4) 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,''.
(5) 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,''.
(6) 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''.
(g) 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.

[[Page H2901]]

(7) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code
of Military Justice) is amended by striking ``Kidnaping,,''
and inserting ``Kidnaping,''
(8) Section 920(g)(7) (article 120 of the Uniform Code of
Military Justice) is amended by striking the second period at
the end.
(9) Section 1086(b)(1) is amended by striking ``clause
(2)'' and inserting ``paragraph (2)''.
(10) Section 1142(b)(10) is amended by striking
``training,,'' and inserting ``training,''.
(11) 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,''.
(12) 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''.
(13) Section 1790 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 ``Secs.''; 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).''.
(14) 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).
(15) 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''.
(16) 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''.
(17) Section 2438(a)(3) is amended by inserting ``the
senior'' before ``official's''.
(18) 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), by striking ``Beginning with fiscal
year 2012, the'' and inserting ``The''; and
(C) in subsection (e)(1), by striking ``, United States
Code,''.
(19) Section 2561(f)(2) is amended by striking ``Committee
on International Relations'' and inserting ``Committee on
Foreign Affairs''.
(20) 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''.
(21) 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''.
(22) Section 4343 is amended by striking ``clauses'' and
inserting ``paragraphs''.
(23) 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''.
(24) Section 6956(b) is amended by striking ``clauses'' and
inserting ``paragraphs''.
(25) 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''.
(26) Section 9343 is amended by striking ``clauses'' and
inserting ``paragraphs''.
(27) Section 10217(c)(3) is amended by striking
``consider'' and inserting ``considered''.
(h) 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.
(i) 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 9 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.
(j) Amendments to Title 41.-- Title 41, United States Code,
is amended as follows:
(1) Section 1122(a)(5) is amended by striking the period at
the end and inserting a semicolon.
(2) Section 1703(i)(6) is amended by striking
``Procurememt'' and inserting ``Procurement''.
(k) Amendment to Title 46.-- Subsection (a) of section
51301 of title 46, United States Code, is amended in the
heading by striking ``IN General'' and inserting ``In
General''.
(l) 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).
(m) 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,''.
(n) 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.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--General Provisions

SEC. 1101. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY UNDER
EXPERIMENTAL PROGRAM WITH RESPECT TO CERTAIN
SCIENTIFIC AND TECHNICAL POSITIONS.

Subparagraph (A) of section 1101(b)(1) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (5 U.S.C. 3104 note), as most recently amended by
section 1110 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1615), is
further amended by striking ``40'' and inserting ``60''.

SEC. 1102. 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. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY
POSITIONS FOR CERTAIN FEDERAL ACQUISITION
POSITIONS FOR CIVILIAN AGENCIES.

Section 1703(j) of title 41, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``sections 3304, 5333, and 5753'' and
inserting ``section 3304''; and
(B) by striking ``use the authorities in those sections to
recruit and''; and
(2) in paragraph (2), by striking ``September 30, 2012''
and inserting ``September 30, 2017''.

SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.

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.

[[Page H2902]]

Subtitle B--Interagency Personnel Rotations

SEC. 1111. INTERAGENCY PERSONNEL ROTATIONS.

(a) Short Title.--This subtitle may be cited as the
``Interagency Personnel Rotation Act of 2012''.
(b) Definitions.--In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' under section 105 of title 5,
United States Code.
(2) Committee.--The term ``Committee'' means the Committee
on National Security Personnel established under subsection
(c)(1).
(3) Covered agency.--The term ``covered agency'' means an
agency that is part of an ICI.
(4) ICI.--The term ``ICI'' means a National Security
Interagency Community of Interest identified by the Committee
under subsection (d)(1).
(5) ICI position.--The term ``ICI position''--
(A) means--
(i) a position that--

(I) is identified by the head of a covered agency as a
position within the covered agency that has significant
responsibility for the subject area of the ICI in which the
position is located and for activities that involve more than
1 agency;
(II) is in the civil service (as defined in section 2101(1)
of title 5, United States Code) in the executive branch of
the Government (including a position in the Foreign Service)
at or above GS 11 of the General Schedule or at a level of
responsibility comparable to a position at or above GS 11 of
the General Schedule; and
(III) is within an ICI; or

(ii) a position in an interagency body identified as an ICI
position under subsection (d)(3)(B)(i); and
(B) shall not include--
(i) any position described under paragraph (10)(A) or (C);
or
(ii) any position filled by an employee described under
paragraph (10)(B).
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
(7) Interagency body.--The term ``interagency body'' means
an entity or component identified under subsection (d)(3)(A).
(8) Interagency rotational service.--The term ``interagency
rotational service'' means service by an employee in--
(A) an ICI position that is--
(i) in--

(I) a covered agency other than the covered agency
employing the employee; or
(II) an interagency body, without regard to whether the
employee is employed by the agency in which the interagency
body is located; and

(ii) the same ICI as the position in which the employee
serves or has served before serving in that ICI position; or
(B) a position in an interagency body identified under
subsection (d)(3)(B)(ii).
(9) National security interagency community of interest.--
The term ``National Security Interagency Community of
Interest'' means the positions in the executive branch of the
Government that--
(A) as a group are positions within multiple agencies of
the executive branch of the Government; and
(B) 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.
(10) Political appointee.--The term ``political appointee''
means an individual who--
(A) is employed in a position described under sections 5312
through 5316 of title 5, United States Code (relating to the
Executive Schedule);
(B) is a noncareer appointee in the Senior Executive
Service, as defined under section 3132(a)(7) of title 5,
United States Code; or
(C) is employed in a position in the executive branch of
the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5 of the Code of Federal Regulations.
(11) Senior position.--The term ``senior position'' means--
(A) a Senior Executive Service position, as defined in
section 3132(a)(2) of title 5, United States Code;
(B) a position in the Senior Foreign Service established
under the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.);
(C) a position in the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service
established under section 3151 of title 5, United States
Code;
(D) a position filled by a limited term appointee or
limited emergency appointee in the Senior Executive Service,
as defined under paragraphs (5) and (6), respectively, of
section 3132(a) of title 5, United States Code; and
(E) any other equivalent position identified by the
Committee.
(c) Committee on National Security Personnel.--
(1) Establishment.--There is established the Committee on
National Security Personnel within the Executive Office of
the President.
(2) Membership.--The members of the Committee shall be the
Director of the Office of Management and Budget, the Director
of the Office of Personnel Management, and the Assistant to
the President for National Security Affairs.
(3) Chairperson.--The Director of the Office of Management
and Budget shall be the Chairperson of the Committee.
(4) Functions.--
(A) In general.--The Committee shall perform the functions
as provided under this subtitle to implement this subtitle
and shall validate the actions taken by the heads of covered
agencies to implement the directives issued and meet the
standards established under subparagraph (B).
(B) Directives and standards.--
(i) In general.--In consultation with the Director of the
Office of Personnel Management and the Assistant to the
President for National Security Affairs, the Director of the
Office of Management and Budget shall issue directives and
establish standards relating to the implementation of this
subtitle.
(ii) Use by covered agencies.--The head of each covered
agency shall carry out the responsibilities under this
subtitle in accordance with the directives issued and
standards established by the Director of the Office of
Management and Budget.
(5) Support and implementation.--
(A) Board.--There is established to assist the Committee a
board, the members of which shall be appointed--
(i) in accordance with subparagraph (B); and
(ii) from among individuals holding an office or position
in level III of the Executive Schedule.
(B) Appointments.--Members of the board shall be appointed
as follows:
(i) One by the Secretary of State.
(ii) One by the Secretary of Defense.
(iii) One by the Secretary of Homeland Security.
(iv) One by the Attorney General.
(v) One by the Secretary of the Treasury.
(vi) One by the Secretary of Energy.
(vii) One by the Secretary of Health and Human Services.
(viii) One by the Secretary of Commerce.
(ix) One by the head of any other agency (or, if more than
1, by each of the respective heads of any other agencies)
determined appropriate by the Committee.
As used in clause (ix), the term ``agency'' does not include
any element of the intelligence community.
(C) Chief human capital officers council.--The Chief Human
Capital Officers Council shall provide advice to the
Committee regarding technical human capital issues.
(D) Covered agency officials.--
(i) In general.--The head of each covered agency shall
designate an officer and office within that covered agency
with responsibility for the implementation of this subtitle.
(ii) Existing offices.--If an officer or office of a
covered agency is designated as the officer or office within
the covered agency with responsibility for the implementation
of Executive Order 13434 for the covered agency on the date
of enactment of this Act, the head of the covered agency
shall designate the officer or office as the officer or
office within the covered agency with responsibility for the
implementation of this subtitle.
(E) Staff.--
(i) In general.--Not more than 3 full-time employees (or
the equivalent) may be hired to assist the Committee in the
implementation of this subtitle. Each employee so hired shall
be selected from among individuals serving in the Office of
Management and Budget, the Office of Personnel Management, or
any other agency.
(ii) Funding.--

(I) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2013 through 2017
to carry out clause (i) an amount equal to the amount
expended for salaries and expenses of the National Security
Professional Development Integration Office during fiscal
year 2012.
(II) Offset.--

(aa) In general.--Except as provided in subparagraph
(D)(ii), effective on the date of enactment of this Act, the
National Security Professional Development Integration Office
of the Department of Defense is terminated and, on and after
the date of enactment of this Act, the Secretary of Defense
may not establish a comparable office to implement Executive
Order 13434 or to design, administer, or report on the
creation of a national security professional development
system, cadre of national security professionals, or any
personnel rotations, education, or training for individuals
involved in interagency activities or who are national
security professionals who are not employed by the Department
of Defense. Nothing in this item shall be construed to
prohibit the Secretary of Defense from establishing or
designating an office to administer interagency rotations by,
or the interagency activities of, employees of the Department
of Defense.
(bb) Transfer of functions.--Effective on the date of
enactment of this Act, there are transferred to the Office of
Management and Budget or the Office of Personnel Management,
as determined appropriate by the Committee, the functions of
the National Security Professional Development Integration
Office of the Department of Defense.
(cc) Funds.--Effective on the date of enactment of this
Act, all unobligated balances made available for the
activities of the National Security Professional Development
Integration Office of the Department of Defense are
rescinded.
(d) National Security Interagency Communities of
Interest.--
(1) Identification of icis.--Subject to subsection (g), the
Committee--
(A) shall identify ICIs on an ongoing basis for purposes of
carrying out this subtitle; and
(B) may alter or discontinue an ICI identified under
subparagraph (A).
(2) Identification of ici positions.--The head of each
covered agency shall identify ICI positions within the
covered agency.
(3) Interagency bodies.--
(A) Identification.--
(i) In general.--The Committee shall identify--

(I) entities in the executive branch of the Government that
are primarily involved in interagency activities relating to
national security or homeland security; and

[[Page H2903]]

(II) components of agencies that are primarily involved in
interagency activities relating to national security or
homeland security and have a mission distinct from the agency
within which the component is located.

(ii) Certain bodies.--

(I) In general.--The Committee shall identify the National
Security Council as an interagency body under this
subparagraph.
(II) FBI rotations.--Joint Terrorism Task Forces shall not
be considered interagency bodies for purposes of service by
employees of the Federal Bureau of Investigation.

(iii) Duties of head of covered agency.--The Committee
shall designate the Federal officer who shall perform the
duties of the head of a covered agency relating to ICI
positions within an interagency body.
(B) Positions in interagency bodies.--The officials
designated under subparagraph (A)(iii) shall identify--
(i) positions within their respective interagency bodies
that are ICI positions; and
(ii) positions within their respective interagency bodies--

(I) that are not a position described under subsection
(b)(10)(A) or (C) or a position filled by an employee
described under subsection (b)(10)(B); and
(II) for which service in the position shall constitute
interagency rotational service.

(e) Interagency Community of Interest Rotational Service.--
(1) Exclusion of senior positions.--For purposes of this
subsection, the term ``ICI position'' does not include a
senior position.
(2) Rotations.--
(A) In general.--The Committee shall provide for employees
serving in an ICI position to be assigned on a rotational
basis to another ICI position that is--
(i) within another covered agency or within an interagency
body; and
(ii) within the same ICI.
(B) Exception.--An employee may be assigned to an ICI
position in another covered agency or in an interagency body
that is not in the ICI applicable to an ICI position in which
the employee serves or has served if--
(i) the employee has particular nongovernmental or other
expertise or skills that are relevant to the assigned ICI
position; and
(ii) the head of the covered agency employing the employee,
the head of the covered agency to which the assignment is
made, and the Committee approve the assignment.
(C) Nonreimbursable basis.--Service by an employee in an
ICI position in another covered agency or in an interagency
body that is not within the agency employing the employee
shall be performed without reimbursement.
(D) Return to prior position.--Except as otherwise provided
by the Committee, an employee performing service in an ICI
position in another covered agency or interagency body or in
a position designated under subsection (d)(3)(B)(ii) 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 (or, in the
case of an employee in the Foreign Service, as defined in
section 102(11) of the Foreign Service Act of 1980 (22 U.S.C.
3902(11)), a position in the same or a higher personnel
category), in the covered agency employing the employee.
(3) Selection of ici positions open for rotational
service.--
(A) In general.--The head of each covered agency shall
determine which ICI positions in the covered agency shall be
available for service by employees from another covered
agency and may modify a determination under this
subparagraph.
(B) List.--The Committee shall maintain a single,
integrated list of ICI positions and of positions available
for service by employees from another covered agency under
this subsection and shall make the list available to Federal
employees on an ongoing basis in order to facilitate
applications for the positions and long-term career planning
by employees of the executive branch of the Government,
except to the extent that the Committee determines that the
identity of certain positions should not be distributed in
order to protect national security or homeland security.
(4) Minimum period of service.--With respect to the period
of service in an ICI position in another covered agency or
interagency body, the Committee--
(A) shall, notwithstanding any other provision of law,
ensure that the period of service is sufficient to gain an
adequately detailed understanding and perspective of the
covered agency or interagency body at which the employee is
assigned;
(B) may provide for different periods of service, depending
upon the nature of the position, including whether the
position is in an area that is a combat zone for purposes of
section 112 of the Internal Revenue Code of 1986; and
(C) shall require that an employee performing service in an
ICI position in another covered agency or interagency body is
informed of the period of service for the position before
beginning such service.
(5) Voluntary nature of rotational service.--
(A) In general.--Except as provided in subparagraph (B),
service in an ICI position in another covered agency or
interagency body shall be voluntary on the part of the
employee.
(B) Authority to assign involuntarily.--If the head of a
covered agency has the authority under another provision of
law to assign an employee involuntarily to a position and the
employee is serving in an ICI position, the head of the
covered agency may assign the employee involuntarily to serve
in an ICI position in another covered agency or interagency
body.
(6) Training and education of personnel performing
interagency rotational service.--Each employee performing
interagency rotational service shall participate in the
training and education, if any, that is regularly provided to
new employees by the covered agency or interagency body in
which the employee is serving in order to learn how the
covered agency or interagency body functions.
(7) Prevention of need for increased personnel levels.--The
Committee shall ensure that employees are rotated across
covered agencies and interagency bodies within an ICI in a
manner that ensures that, for the original ICI positions of
all employees performing service in an ICI position in
another covered agency or interagency body--
(A) employees from another covered agency or interagency
body who are performing service in an ICI position in another
covered agency or interagency body, or other available
employees, begin service in such original positions within a
reasonable period, at no additional cost to the covered
agency or the interagency body in which such original
positions are located; or
(B) other employees do not need to serve in the positions
in order to maintain the effectiveness of or to prevent any
costs being accrued by the covered agency or interagency body
in which such original positions are located.
(8) Open and fair competition.--Each covered agency or
interagency body that has an ICI position available for
service by an employee from another covered agency shall
coordinate with the Office of Personnel Management to ensure
that employees of covered agencies selected to perform
interagency rotational service shall be 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
ICI position is otherwise exempt under another provision of
law.
(9) Personnel law matters.--
(A) National security exclusion.--The identification of a
position as available for service by an employee of another
covered agency or as being within an ICI shall not be a basis
for an order under section 7103(b) of title 5, United States
Code, excluding the covered agency, or a subdivision thereof,
in which the position is located from the applicability of
chapter 71 of such title.
(B) On rotation.--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 subtitle
from the agency employing the employee to the agency in which
the ICI position in which the employee is serving is located.
(10) Consultation.--The Committee shall consult with
relevant associations, unions, and other groups involved in
collective bargaining or encouraging public service,
organizational reform of the Government, or interagency
activities (such as the Simons Center for the Study of
Interagency Cooperation of the Command and General Staff
College Foundation) in formulating and implementing policies
under this subtitle.
(11) Officers of the armed forces.--The policies,
procedures, and practices for the management of officers of
the Armed Forces may provide for the assignment of officers
of the Armed Forces to ICI positions or positions designated
under subsection (d)(3)(B)(ii).
(12) Performance appraisals.--The Committee shall--
(A) ensure that an employee receives performance
evaluations that are based primarily on the contribution of
the employee to the work of the covered agency in which the
employee is performing service in an ICI position in another
covered agency or interagency body and the functioning of the
applicable ICI; and
(B) require that--
(i) officials at the covered agency employing the employee
conduct the evaluations based on input from the supervisors
of the employee during service in an ICI position in another
covered agency or interagency body; and
(ii) the evaluations shall be provided the same weight in
the receipt of promotions and other rewards by the employee
from the covered agency employing the employee as performance
evaluations receive for other employees of the covered
agency.
(f) Selection of Senior Positions in an Interagency
Community of Interest.--
(1) Selection of individuals to fill senior positions
within an ici.--In selecting individuals to fill senior
positions within an ICI, the head of a covered agency shall
ensure that a strong preference is given to personnel who
have performed interagency rotational service.
(2) Establishment by heads of covered agencies of minimum
thresholds.--
(A) In general.--On October 1 of the 2nd fiscal year after
the fiscal year in which the Committee identifies an ICI, and
October 1 of each fiscal year thereafter, the head of each
covered agency within which 1 or more positions within that
ICI are located shall establish the minimum number of that
agency's senior positions that are within that ICI that shall
be filled by personnel who have performed interagency
rotational service.
(B) Reporting requirements.--
(i) Minimum number of positions.--Not later than 30 days
after the date on which all heads of covered agencies have
established the minimum number required under subparagraph
(A) for a fiscal year, the Committee shall submit to Congress
a consolidated list of the minimum numbers of senior
positions that shall be filled by personnel who have
performed interagency rotational service.
(ii) Failure to meet minimum number.--Not later than 30
days after the end of any fiscal year in which a covered
agency fails to meet the minimum number of senior positions
to be filled by individuals who have performed interagency
rotational service established by the head of the

[[Page H2904]]

covered agency under subparagraph (A), the head of the
covered agency shall submit to the Committee and Congress a
report identifying the failure and indicating what actions
the head of the covered agency has taken or plans to take in
response to the failure.
(3) Other rotational requirements.--
(A) Credit for service in another component within an
agency.--Service performed during the first 3 fiscal years
after the fiscal year in which an ICI is identified by the
Committee by an employee in a rotation to an ICI position in
another component of the covered agency that employs the
employee that is identified under subparagraph (B) shall
constitute interagency rotational service for purposes of
this section.
(B) Identification of components.--Subject to approval by
the Committee, the head of a covered agency may identify the
components of the covered agency that are sufficiently
independent in functionality for service in a rotation in the
component to qualify as service in another component of the
covered agency for purposes of subparagraph (A).
(g) Implementation.--
(1) Icis and ici positions.--
(A) In general.--During each of the first 4 fiscal years
after the fiscal year in which this Act is enacted--
(i) there shall be 2 ICIs, which shall be an ICI for
emergency management and an ICI for stabilization and
reconstruction; and
(ii) not less than 20 employees and not more than 25
employees in the executive branch of the Government shall
perform service in an ICI position in another covered agency
or in an interagency body that is not within the agency
employing the employee under this subtitle.
(B) Location.--
(i) In general.--The Committee shall designate a
metropolitan area in which the ICI for emergency management
will be located and a metropolitan area in which the ICI for
stabilization and reconstruction will be located.
(ii) Service.--During the first 4 fiscal years after the
fiscal year in which this Act is enacted, any service in an
ICI position in another covered agency or in an interagency
body that is not within the agency employing the employee
shall be performed--

(I) by an employee who is located in a metropolitan area
for the ICI designated under clause (i) before beginning
service in the ICI position; and
(II) at a location in a metropolitan area for the ICI
designated under clause (i).

(2) Priority for details.--During the first 4 fiscal years
after the fiscal year in which this Act is enacted, a covered
agency shall give priority in using amounts available to the
covered agency for details to assigning employees on a
rotational basis under this subtitle.
(h) Strategy and Performance Evaluation.--
(1) Issuing of strategy.--
(A) In general.--Not later than October 1 of the 3rd fiscal
year after the fiscal year in which this Act is enacted, and
every 4 fiscal years thereafter through the 11th fiscal year
after the fiscal year in which this Act is enacted, the
Committee shall issue a National Security Human Capital
Strategy to develop the national security and homeland
security personnel necessary for accomplishing national
security and homeland security objectives that require
integration of personnel and activities from multiple
agencies of the executive branch of the Government.
(B) Consultations with congress.--In developing or making
adjustments to the National Security Human Capital Strategy
issued under subparagraph (A), the Committee--
(i) shall consult at least annually with Congress,
including majority and minority views from all appropriate
authorizing, appropriations, and oversight committees; and
(ii) as the Committee determines appropriate, shall solicit
and consider the views and suggestions of entities
potentially affected by or interested in the strategy.
(C) Contents of strategy.--Each National Security Human
Capital Strategy issued under subparagraph (A) shall--
(i) provide for the implementation of this subtitle;
(ii) identify best practices from ICIs already in
operation;
(iii) identify any additional ICIs to be identified by the
Committee;
(iv) include a schedule for the issuance of directives and
establishment of standards relating to the requirements under
this subtitle by the Committee;
(v) include a description of how the strategy incorporates
views and suggestions obtained through the consultations with
Congress required under subparagraph (B);
(vi) include an assessment of performance measures over a
multi-year period, such as--

(I) the percentage of ICI positions available for service
by employees from another covered agency for which such
employees performed such service;
(II) the number of personnel participating in interagency
rotational service in each covered agency and interagency
body;
(III) the length of interagency rotational service under
this subtitle;
(IV) reports by the heads of covered agencies submitted
under subsection (f)(2)(B)(ii);
(V) the training and education of personnel who perform
interagency rotational service, and the evaluation by the
Committee of the training and education;
(VI) the positions (including grade level) held by
employees who perform interagency rotational service during
the period beginning on the date on which the interagency
rotational service terminates and ending on the date of the
assessment; and
(VII) to the extent possible, the evaluation of the
Committee of the utility of interagency rotational service in
improving interagency integration.

(2) Reports.--Not later than October 1 of the 2nd fiscal
year after a fiscal year in which the Committee issues a
National Security Human Capital Strategy under paragraph (1),
the Committee shall assess the performance measures described
in paragraph (1)(C)(vi).
(3) Submission to congress.--Not later than 30 days after
the date on which the Committee issues a National Security
Human Capital Strategy under paragraph (1) or assesses
performance measures under paragraph (2), the Committee shall
submit the strategy or assessment to Congress.
(i) GAO Study of Interagency Rotational Service.--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 regarding--
(1) the extent to which performing service in an ICI
position in another covered agency or an interagency body
under this subtitle enabled the employees performing the
service to gain an adequately detailed understanding of and
perspective on the covered agency or interagency body,
including an assessment of the effect of--
(A) the period of service; and
(B) the duties performed by the employees during the
service;
(2) the effectiveness of the Committee and the staff of the
Committee funded under subsection (c)(5)(E)(ii) in overseeing
and managing interagency rotational service under this
subtitle, including an evaluation of any directives or
standards issued by the Committee;
(3) the participation of covered agencies in interagency
rotational service under this subtitle, including whether
each covered agency that performs a mission relating to an
ICI in effect--
(A) identified positions within the covered agency as ICI
positions;
(B) had 1 or more employees from another covered agency
perform service in an ICI position in the covered agency; or
(C) had 1 or more employees of the covered agency perform
service in an ICI position in another covered agency;
(4) the positions (including grade level) held by employees
after completing interagency rotational service under this
subtitle, and the extent to which the employees were rewarded
for the service; and
(5) the extent to which or likelihood that interagency
rotational service under this subtitle has improved or is
expected to improve interagency integration.
(j) Prohibition of Printed Reports.--Each strategy, plan,
report, or other submission required under this subtitle--
(1) shall be made available by the agency issuing the
strategy, plan, report, or other submission only in
electronic form; and
(2) shall not be made available by the agency in printed
form.
(k) Exclusion.--This subtitle shall not apply to any
element of the intelligence community.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN
AFGHANISTAN.

(a) Authority for Fiscal Year 2013.--Subsection (a) of
section 1201 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1619) is
amended--
(1) in the heading, by striking ``fiscal Year 2012'' and
inserting ``fiscal Year 2013''; and
(2) by striking ``fiscal year 2012'' and inserting ``fiscal
year 2013''.
(b) Quarterly Reports.--Subsection (b)(1) of such section
is amended by striking ``fiscal year 2012'' and inserting
``fiscal year 2013''.
(c) Extension of Authority to Accept Contributions.--
Subsection (f) of such section is amended by striking ``in
fiscal year 2012'' and inserting ``during any period during
which the authority of subsection (a) is in effect''.

SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO
BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Authorized Elements.--Section 1206(b)(1) of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109 163; 119 Stat. 3457), as amended by 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''.
(b) Use of Funds for Fiscal Year 2013.--Subsection (c) of
such section, 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:
``(6) Use of funds for fiscal year 2013.--
``(A) Limitation on small-scale military construction
activities.--Of amounts available under this subsection for
the authority in subsection (a) for fiscal year 2013--
``(i) not more than $750,000 may be obligated or expended
for small-scale military construction activities (as
described in subsection (b)(1)) under a program authorized
under subsection (a); and
``(ii) not more than $25,000,000 may be obligated or
expended for small-scale military construction activities (as
described in subsection (b)(1)) under all programs authorized
under subsection (a).
``(B) Availability of funds for programs during fiscal year
2014.--
``(i) In general.--Subject to clause (ii), not more than 20
percent of amounts available under this subsection for the
authority in subsection (a) for fiscal year 2013 may be
obligated

[[Page H2905]]

and expended to conduct or support a program authorized under
subsection (a) during fiscal year 2014.
``(ii) Notification.--Whenever the Secretary of Defense
decides, with the concurrence of the Secretary of State, to
conduct or support a program authorized under subsection (a)
during fiscal year 2014 using amounts described in clause
(i), the Secretary of Defense shall submit to the
congressional committees specified in paragraph (3) of
subsection (e) a notification in writing of that decision in
accordance with such subsection by not later than September
30, 2013.''.

SEC. 1203. THREE-YEAR 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, 2015''.

Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

SEC. 1211. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT
OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.

(a) Extension.--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--
(1) by striking ``fiscal year 2012'' and inserting ``fiscal
year 2013''; and
(2) by striking ``Operation Iraqi Freedom or''.
(b) Limitation on Amount Available.--Subsection (d)(1) of
such section, as so amended, is further amended--
(1) by striking ``fiscal year 2012'' and inserting ``fiscal
year 2013'';
(2) by striking ``$1,690,000,000'' and inserting
``$1,650,000,000''; and
(3) by adding at the end the following: ``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 $650,000,000.''.
(c) Additional Limitation on Reimbursement of the
Government of Pakistan.--Such section, as so amended, is
further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Additional Limitation on Reimbursement of the
Government of Pakistan.--In addition to the other
requirements of this section, reimbursements authorized by
subsection (a) and the support authorized by subsection (b)
may be made to the Government of Pakistan for support of
United States military operations for fiscal year 2013 only
if the Secretary of Defense submits to the congressional
defense committees the following:
``(1) A report that contains a description of--
``(A) a model for reimbursement, including how claims are
proposed and adjudicated;
``(B) new conditions or caveats that the Government of
Pakistan places on the use of its supply routes; and
``(C) the estimated differences in costs associated with
transit through supply routes in Pakistan for fiscal year
2011 as compared to fiscal year 2013.
``(2) A certification of the Secretary of Defense that the
Government of Pakistan is committed to--
``(A) supporting counterterrorism operations against Al
Qaeda, its associated movements, the Haqqani Network, and
other domestic and foreign terrorist organizations;
``(B) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in the
manufacture of IEDs;
``(C) preventing the proliferation of nuclear-related
material and expertise; and
``(D) issuing visas in a timely manner for United States
Government personnel supporting counterterrorism efforts and
assistance programs in Pakistan.''.

SEC. 1212. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF
THE OFFICE OF SECURITY COOPERATION IN IRAQ.

(a) Types of Support.--Subsection (b) of section 1215 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112 81; 125 Stat. 1631) is amended--
(1) by striking ``The operations'' and inserting the
following:
``(1) In general.--The operations''; and
(2) by adding at the end the following:
``(2) Train and assist.--The operations and activities that
may be carried out by the Office of Security Cooperation in
Iraq using funds provided under subsection (a) may, with the
concurrence of the Secretary of State, include training and
assisting Iraqi Ministry of Defense personnel.''.
(b) Limitation on Amount.--Subsection (c) of such section
is amended by inserting at the end before the period the
following: ``and in fiscal year 2013 may not exceed
$508,000,000''.
(c) 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,''.
(d) Report.--
(1) In general.--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
appropriate congressional committees a report on the Office
of Security Cooperation in Iraq.
(2) Matters to be included.--The report shall include the
following:
(A) The plan to consolidate Office sites.
(B) The status of any pending requests for additional
United States military forces for the Office.
(C) The legal status and legal protections provided to
Office personnel, the operational impact of such status and
protections, and the associated constraints on the
operational capacity of such personnel by reason of their
legal status.
(D) The operational and functional limitations and
authorities of Office personnel.
(E) A description of potential direct threats to Office
personnel and their capacity to provide adequate force
protection to thwart those threats.
(3) Form.--The report shall be submitted in unclassified
form, but may contain a classified annex if necessary.
(4) Definition.--In this section, 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. 1213. 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. 1214. PROHIBITION ON USE OF PRIVATE SECURITY CONTRACTORS
AND MEMBERS OF THE AFGHAN PUBLIC PROTECTION
FORCE TO PROVIDE SECURITY FOR MEMBERS OF THE
ARMED FORCES AND MILITARY INSTALLATIONS AND
FACILITIES IN AFGHANISTAN.

(a) Findings.--Congress makes the following findings:
(1) According to the Department of Defense, as of February
1, 2012, there had been 42 insider attacks on coalition
forces since 2007 by the Afghan National Army, Afghan
National Police, or Afghan nationals hired by private
security contractors to guard United States bases and
facilities in Afghanistan.
(2) The Department of Defense data shows that the trend of
insider attacks is increasing.
(3) Members of the Armed Forces of the United States
continue to be garrisoned and housed in facilities and
installations in Afghanistan that are guarded by private
security contractors and not by United States or coalition
forces.
(4) President Karzai has prohibited the use of private
security contractors in Afghanistan and determined that
beginning in March, 2012, the Afghan Ministry of Interior
will provide Afghan Public Protection Forces on a
reimbursable basis to those desiring to contract for
additional security.
(5) The Afghan Ministry of Interior will have the primary
responsibility for screening and vetting the Afghan nationals
who will comprise the Afghan Public Protection Force.
(6) The current force levels in Afghanistan are necessary
to accomplish the International Security Assistance Force
mission and force protection for members of the Armed Forces
garrisoned and housed in Afghanistan should not come at the
expense of mission success.
(7) The President of the United States has begun to draw
down United States military forces in Afghanistan and has
committed to continue this drawdown through 2014.
(8) The redeployment phase of any military operation brings
increasing vulnerabilities to members of the Armed Forces.
(9) It is the responsibility of the Commander in Chief to
provide for the security for 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
in order that they may provide for their own security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the best security and force protection for members of
the Armed Forces garrisoned and housed in Afghanistan should
be provided;
(2) better security and force protection for members of the
Armed Forces garrisoned and housed in Afghanistan can be
provided by United States military personnel than private
security contractors or members of the Afghan Public
Protection Force;
(3) the President should take action in light of the
increased risk to members of the Armed Forces during this
transitional period in Afghanistan and the increasing number
of insider attacks; and
(4) the United States remains committed to mission success
in Afghanistan in light of the national security interests in
the region and the sacrifice and commitment of the United
States Armed Forces over the last ten years.
(c) Prohibition.--Notwithstanding section 2465 of title 10,
United States Code, funds appropriated to the Department of
Defense may not be obligated or expended for the purpose of--
(1) entering into a contract for the performance of
security-guard functions at a military installation or
facility in Afghanistan at which members of the Armed Forces
deployed to Afghanistan are garrisoned or housed;

[[Page H2906]]

(2) otherwise employing private security contractors to
provide security for members of the Armed Forces deployed to
Afghanistan; or
(3) employing the Afghan Public Protection Force to provide
security for such members or to perform such security-guard
functions at such a military installation or facility.
(d) Requirement.--
(1) In general.--The President shall ensure that as many
appropriately trained members of the Armed Forces of the
United States as are necessary are available to--
(A) perform security-guard functions at all military
installations and facilities in Afghanistan at which members
of the Armed Forces deployed to Afghanistan are garrisoned or
housed;
(B) provide security for members of the Armed Forces
deployed to Afghanistan; and
(C) provide adequate counterintelligence support for such
members.
(2) Relationship to other requirements and limitations.--
The members of the Armed Forces required to be made available
under paragraph (1) shall be in addition to--
(A) the number of such members who are deployed to
Afghanistan to support the requirements of the North Atlantic
Treaty Organization mission in Afghanistan and the military
campaign plan of the Commander of the International Security
and Assistance Force; and
(B) any limitation on force levels that may be in effect.
(e) Waiver.--The President may waive the prohibition under
subsection (c) and the requirement under subsection (d) if
the President submits to Congress a certification in writing
that--
(1) the use of private security contractors or the Afghan
Public Protection Force can provide a level of security and
force protection for members of the Armed Forces deployed to
Afghanistan that is at least equal to the security and force
protection that can be provided by members of the Armed
Forces; and
(2) the Secretary of Defense has ensured that all employees
of private security contractors and members of the Afghan
Public Protection Force providing security or force
protection for members of the Armed Forces deployed to
Afghanistan are independently screened and vetted by members
of the Armed Forces of the United States.
(f) Report.--
(1) In general.--Not later than 30 days after the end of
each quarter of fiscal years 2013 and 2014, the Secretary of
Defense shall submit to the congressional defense committees
a report on the following:
(A) Data on attempted and successful attacks by the Afghan
National Security Forces, the Afghan Public Protection Force,
and private security contractors on United States Armed
Forces and civilian personnel of the Department of Defense.
(B) The number of members of the United States Armed Forces
and civilian personnel of the Department of Defense wounded
or killed due to such attacks.
(C) A description of tactical or covert methods used in
such attacks and a description of motivations for such
attacks.
(2) Additional information.--The first report submitted
following the date of the enactment of this Act and the
report submitted for the first quarter of fiscal year 2014
shall also include the following:
(A) Actions the Department of Defense is taking to monitor
indicators and early warning signs of infiltration or co-
option of the Afghan National Security Forces, the Afghan
Public Protection Force, and private security contractors.
(B) The methodology and systematic approach to resolving
disputes between the Afghan National Security Forces and
United States Armed Forces and civilian personnel of the
Department of Defense when such disputes arise.
(g) Definition.--In this section, the term ``members of the
Armed Forces deployed to Afghanistan'' means members of the
Armed Forces deployed to Afghanistan in support of the
International Security Assistance Force in Afghanistan and
members of the Armed Forces of the United States deployed to
Afghanistan in support of Operation Enduring Freedom.

SEC. 1215. 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.--Section 1226 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111 84;
123 Stat. 2525) is repealed.

SEC. 1216. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN.

(a) Sense of Congress.--It is the sense of Congress that--
(1) following Al Qaeda's attacks on the United States on
September 11, 2001, United States and coalition forces have
achieved significant progress toward security and stability
in Afghanistan;
(2) as the United States completes transfer of the lead for
security to the Afghan National Security Forces by the end of
2014, the United States should ensure that the gains in
security are maintained;
(3) the United States mission in Afghanistan continues to
be to disrupt, dismantle, and defeat al Qaeda, as well as to
prevent its return to either Afghanistan or Pakistan;
(4) the specific objectives in Afghanistan are to deny safe
haven to Al Qaeda and to deny the Taliban the ability to
overthrow the Afghan Government;
(5) the Taliban, Haqqanis, and associated insurgents
continue to enjoy safe havens in Pakistan, but are unlikely
to be capable of overthrowing the Afghan Government unless
the United States withdraws forces precipitously from
Afghanistan;
(6) the Haqqani Network provides unique capabilities and
capacity to the Afghan Taliban, and additionally, serves as a
combat multiplier to the Afghan insurgency due to its
geographic primacy over the key terrain of the Paktika,
Paktia, and Khost provinces, as well as North and South
Waziristan, and willingness to introduce international
weaponry and technology into the battle space and serve as
the reception point and integrator of international foreign
fighters into the Afghan insurgency;
(7) the Haqqani Network has been the most important Afghan-
based protector of Al Qaeda;
(8) the unique capabilities and effects brought to the
battle space by the Haqqani Network necessitate that the
Government of Afghanistan should have superior operational
capacity in order to maintain the security of Afghanistan
over time;
(9) the United States military should not maintain an
indefinite combat mission in Afghanistan and should
transition to a counter-terrorism and advise and assist
mission at the earliest practicable date, consistent with
conditions on the ground;
(10) significant uncertainty exists within Afghanistan
regarding the level of future United States military support;
and
(11) in order to reduce this uncertainty, and to promote
further stability and security in Afghanistan, the President
should--
(A) fully consider the International Security Assistance
Force Commander's assessment regarding the need for the
United States to maintain a ``significant combat presence
through 2013'';
(B) maintain a force of at least 68,000 troops through
December 31, 2014, unless fewer forces can achieve United
States objectives;
(C) maintain a credible troop presence after December 31,
2014, sufficient to conduct counter-terrorism and train and
advise the Afghan National Security Forces, consistent with
the Strategic Partnership Agreement (signed on May 2, 2012);
and
(D) maintain sufficient funding for the Afghan National
Security Forces to accomplish the objectives described in
paragraphs (3), (4), and (8).
(b) Notification.--The President shall notify the
congressional defense committees of any decision to reduce
the number of United States Armed Forces deployed in
Afghanistan below the number of such Armed Forces deployed in
Afghanistan on--
(1) December 31, 2012,
(2) December 31, 2013, and
(3) December 31, 2014,
prior to any public announcement of any such decision to
reduce the number of United States Armed Forces deployed in
Afghanistan.
(c) Matters to Include in Notification.--As part of a
notification required by subsection (b), the President
shall--
(1) provide an assessment of the relevant security risk
metrics associated with the marginal reduction in force
levels; and
(2) provide a by-unit assessment of the operational
capability of the Afghan National Security Forces to
independently conduct the required operations to maintain
security in Afghanistan.

SEC. 1217. EXTENSION AND MODIFICATION OF PAKISTAN
COUNTERINSURGENCY FUND.

(a) In General.--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 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'' both places it appears and
inserting ``September 30, 2013''.
(b) Limitation on Funds Subject to Report and Updates.--
Section 1220(b) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112 81; 125 Stat. 1633) is
amended--
(1) in the heading of paragraph (1), by inserting ``for
fiscal year 2012'' after ``funds'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Limitation on funds for fiscal year 2013; report
required.--Of the amounts appropriated or transferred to the
Fund for fiscal year 2013, not more than 10 percent of such
amounts may be obligated or expended until such time as the
Secretary of Defense, with the concurrence of the Secretary
of State, submits to the appropriate congressional committees
an update of the report required under paragraph (1).'';
(4) in paragraph (3) (as redesignated)--
(A) by inserting ``after fiscal year 2013'' after ``any
fiscal year'';
(B) by striking ``requested to be''; and
(C) by striking ``at the same time that the President's
budget is submitted pursuant to section 1105(a) of title 31,
United States Code'' and

[[Page H2907]]

inserting ``not later than 45 days before amounts in the Fund
are made available to the Secretary of Defense''; and
(5) in paragraph (4) (as redesignated), by striking ``the
update required under paragraph (2)'' and inserting ``the
updates required under paragraphs (2) and (3)''.

Subtitle C--Matters Relating to Iran

SEC. 1221. DECLARATION OF POLICY.

(a) Findings.--Congress makes the following findings:
(1) Iran, which has long sought to foment instability and
promote extremism in the Middle East, is now seeking to
exploit the dramatic political transition underway in the
region to undermine governments traditionally aligned with
the United States and support extremist political movements
in these countries.
(2) At the same time, Iran may soon attain a nuclear
weapons capability, a development that would threaten United
States interests, destabilize the region, encourage regional
nuclear proliferation, further empower and embolden Iran, the
world's leading state sponsor of terrorism, and provide it
the tools to threaten its neighbors, including Israel.
(3) With the assistance of Iran over the past several
years, Syria, Hezbollah, and Hamas have increased their
stockpiles of rockets, with more than 60,000 rockets now
ready to be fired at Israel. Iran continues to add to its
arsenal of ballistic missiles and cruise missiles, which
threaten Iran's neighbors, Israel, and United States Armed
Forces in the region.
(4) Preventing Iran from acquiring a nuclear weapon is
among the most urgent national security challenges facing the
United States.
(5) Successive United States administrations have stated
that an Iran armed with a nuclear weapon is unacceptable.
(6) President Obama stated on January 24, 2012, ``Let there
be no doubt: America is determined to prevent Iran from
getting a nuclear weapon, and I will take no options off the
table to achieve that goal.''.
(7) In order to prevent Iran from developing nuclear
weapons, the United States, in cooperation with its allies,
must utilize all elements of national power including
diplomacy, robust economic sanctions, and credible, visible
preparations for a military option.
(8) Nevertheless, to date, diplomatic overtures, sanctions,
and other non-kinetic actions toward Iran have not caused the
Government of Iran to abandon its nuclear weapons program.
(9) With the impact of additional sanctions uncertain,
additional pressure on the Government of Iran could come from
the credible threat of military action against Iran's nuclear
program.
(b) Declaration of Policy.--It shall be 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.

SEC. 1222. UNITED STATES MILITARY PREPAREDNESS IN THE MIDDLE
EAST.

(a) Sense of Congress.--It is the sense of Congress that--
(1) military exercises conducted in the Persian Gulf and
Gulf of Oman emphasize the United States resolve and the
policy of the United States described in section 1221(b) by
enhancing the readiness of the United States military and
allied forces, as well as signaling to the Government of Iran
the commitment of the United States to defend its vital
national security interests; and
(2) the President, as Commander in Chief, should augment
the presence of the United States Fifth Fleet in the Middle
East and to conduct military deployments, exercises, or other
visible, concrete military readiness activities to underscore
the policy of the United States described in section 1221(b).
(b) Plan.--
(1) In general.--The Secretary of Defense shall prepare a
plan to augment the presence of the United States Fifth Fleet
in the Middle East and to conduct military deployments,
exercises, or other visible, concrete military readiness
activities to underscore the policy of the United States
described in section 1221(b).
(2) Matters to be included.--The plan required under
paragraph (1) shall include, at a minimum, steps necessary
for the Armed Forces to support the policy of the United
States described in section 1221(b), including--
(A) pre-positioning sufficient supplies of aircraft,
munitions, fuel, and other materials for both air- and sea-
based missions at key forward locations in the Middle East
and Indian Ocean;
(B) maintaining sufficient naval assets in the region
necessary to signal United States resolve and to bolster
United States capabilities to launch a sustained sea and air
campaign against a range of Iranian nuclear and military
targets, to protect seaborne shipping, and to deny Iranian
retaliation against United States interests in the region;
(C) discussing the viability of deploying at least two
United States aircraft carriers, an additional large deck
amphibious ship, and a Mine Countermeasures Squadron in the
region on a continual basis, in support of the actions
described in subparagraph (B); and
(D) conducting naval fleet exercises similar to the United
States Fifth Fleet's major exercise in the region in March
2007 to demonstrate ability to keep the Strait of Hormuz open
and to counter the use of anti-ship missiles and swarming
high-speed boats.
(3) Submission to congress.--The plan required under
paragraph (1) shall be submitted to the congressional defense
committees not later than 120 days after the date of
enactment of this Act.

SEC. 1223. ANNUAL REPORT ON MILITARY POWER OF IRAN.

(a) In General.--Section 1245 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111 84;
123 Stat. 2542) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Combatant Commander Assessment.--The report required
under subsection (a) shall include an annex, in classified or
unclassified form, that includes an identification and
assessment of the Commander of the United States Central
Command on the following:
``(1) Any critical gaps in intelligence that limit the
ability of the Commander to counter threats emanating from
Iran.
``(2) Any gaps in the capabilities, capacity, and
authorities of the Commander to counter Iranian threats to
United States Armed Forces and United States interests in the
region.
``(3) Any gaps in the capabilities and capacity of the
Commander to take military action against Iran to prevent
Iran from developing a nuclear weapon.
``(4) Any other matters the Commander considers to be
relevant.''.
(b) Effective Date.--The amendments made by subsection (a)
take effect on the date of the enactment of this Act and
apply with respect to each report required to be submitted
under section 1245 of the National Defense Authorization Act
for Fiscal Year 2010 on or after such date of enactment.

Subtitle D--Reports and Other Matters

SEC. 1231. ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.

(a) In General.--Subsection (b) of 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), as
most recently amended by section 1238 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112 81;
125 Stat. 1642), is further amended--
(1) by redesignating paragraphs (10), (11), and (12) as
paragraphs (12), (13), and (14), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) The strategy, goals, and capabilities of Chinese
space 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) The strategy, goals, and capabilities of Chinese
cyber activities, including trends, global and regional
activities, the involvement of military and civilian
organizations, including state-owned enterprises, academic
institutions, and commercial entities. Relevant analyses and
forecasts shall consider--
``(A) Chinese cyber activities directed against the
Department of Defense;
``(B) potential harms that may affect Department of Defense
communications, computers, networks, systems, or other
military assets as a result of a cyber attack; and
``(C) any other developments regarding Chinese cyber
activities that the Secretary of Defense determines are
relevant to the national security of the United States.''.
(b) Combatant Commander Assessment.--Such section is
further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Combatant Commander Assessment.--The report required
under subsection (a) shall include an annex, in classified or
unclassified form, that includes an identification and
assessment of the Commander of the United States Pacific
Command on the following:
``(1) Any gaps in intelligence that limit the ability of
the Commander to address challenges posed by the People's
Republic of China.
``(2) Any gaps in the capabilities, capacity, and
authorities of the Commander to address challenges posed by
the People's Republic of China to United States Armed Forces
and United States interests in the region.
``(3) Any other matters the Commander considers to be
relevant.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) take effect on the date of the enactment of this Act
and apply with respect to each report required to be
submitted under section 1202 of the National Defense
Authorization Act for Fiscal Year 2000 on or after such date
of enactment.

SEC. 1232. REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.

(a) Additional Report.--Subsection (a) of section 1236 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,''.
(b) Combatant Commander Assessment.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Combatant Commander Assessment.--The report required
under subsection (a) shall include an annex, in classified or
unclassified form, that includes an identification and
assessment of the Commander of the United States Pacific
Command on the following:
``(1) Any gaps in intelligence that limit the ability of
the Commander to counter threats emanating from North Korea.
``(2) Any gaps in the capabilities, capacity, and
authorities of the Commander to counter

[[Page H2908]]

North Korean threats to United States Armed Forces and United
States interests in the region.
``(3) Any other matters the Commander considers to be
relevant.''.

SEC. 1233. 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 United States Armed Forces deployed in country.
(2) Elements.--The report required by paragraph (1) shall
include at least the following:
(A) The methodology and accounting procedures used to
measure and track direct, indirect, and burden-sharing
contributions made by host nations.
(B) The stationing costs, paid by the host nation,
associated with United States Armed Forces stationed outside
the territory of the United States in that nation.
(C) A description of direct, indirect, and burden-sharing
contributions by 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.
(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 State 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. 1234. NATO SPECIAL OPERATIONS HEADQUARTERS.

(a) In General.--Section 1244(a) 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
by striking ``fiscal year 2011'' and inserting ``fiscal year
2013''.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2013
for the NATO Special Operations Headquarters, not more than
50 percent may be obligated or expended until the date that
is 30 days after the date on which the Secretary of Defense
finalizes and formalizes U.S. Special Operations Command as
the executive agent and lead component for the NATO Special
Operations Headquarters.

SEC. 1235. REPORTS ON EXPORTS OF MISSILE DEFENSE TECHNOLOGY
TO CERTAIN COUNTRIES.

(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and each year thereafter through 2015,
the Secretary of Defense shall submit to the appropriate
congressional committees a report on the following:
(1) A description of the types of assistance, including
assistance relating to missile defense, provided by the
Department of Defense to foreign countries that export space,
counter-space, and ballistic missile equipment, material, and
technologies that could be used in other countries' space,
counter-space, and ballistic missile programs.
(2) A description of such exports to countries with space,
counter-space, and ballistic missile programs, including a
description of specific technologies that are exported to
such countries.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee of Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.

SEC. 1236. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN
FEDERATION WITH ACCESS TO MISSILE DEFENSE
TECHNOLOGY.

(a) Limitation on Funds for Classified Technology and
Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may
be used to provide the Russian Federation with access to
information that is classified or was classified as of
January 2, 2012, regarding--
(A) missile defense technology of the United States,
including hit-to-kill technology; or
(B) data, including sensitive technical data, warning,
detection, tracking, targeting, telemetry, command and
control, and battle management data, that support the missile
defense capabilities of the United States.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date
of the enactment of this Act.
(b) Limitation on Funds for Other Technology and Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may
be used to provide the Russian Federation with access to
missile defense technology or technical data not described in
subsection (a) unless--
(A) the President submits to the appropriate congressional
committees--
(i) a report that contains a description of--

(I) the specific missile defense technology or technical
data to be provided to the Russian Federation, the reasons
for providing such technology or data, and how the technology
or technical data is intended to be used;
(II) the measures necessary to protect the technology or
technical data;
(III) the specific missile defense technology or technical
data of the Russian Federation that the Russian Federation is
providing the United States with access to; and
(IV) the status and substance of discussions between the
United States and the Russian Federation on missile defense
matters; and

(ii) written certification by the President that providing
the Russian Federation with access to such missile defense
technology or technical data--

(I) includes an agreement on prohibiting access to such
technology or data by any other country or entity;
(II) will not enable the development of countermeasures to
any missile defense system of the United States or otherwise
undermine the effectiveness of any such missile defense
system; and
(III) will correspond to equitable access by the United
States to missile defense technology or technical data of the
Russian Federation; and

(B) a period of 30 days has elapsed following the date on
which the President submits to the appropriate congressional
committees the report and written certification under
subparagraph (A).
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date
of the enactment of this Act.
(c) Form.--The report described in clause (i) of subsection
(b)(1)(A) and the certification described in clause (ii) of
such subsection shall be submitted in unclassified form, but
may contain a classified annex, if necessary.
(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.

SEC. 1237. INTERNATIONAL AGREEMENTS RELATING TO MISSILE
DEFENSE.

(a) Sense of Congress.--It is the sense of Congress that an
agreement regarding missile defense cooperation between the
United States and the Russian Federation that is negotiated
with the Russian Federation through the North Atlantic Treaty
Organization (``NATO'') or a provision to amend the charter
of the NATO Russia Council, should not be considered legally
or politically binding unless the agreement is--
(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
(2) specifically authorized by an Act of Congress.
(b) Missile Defense Agreements.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec.  130f. International agreements relating to missile
defense

``(a) In General.--In accordance with the understanding
under subsection (b)(1)(B) of the Resolution of Advice and
Consent to Ratification of the New START Treaty of the
Senate, any agreement with a country or international
organization or amendment to the New START Treaty (including
an agreement made by the Bilateral Consultative Commission
established by the New START Treaty) concerning the
limitation of the missile defense capabilities of the United
States shall not be binding on the United States, and shall
not enter into force with respect to the United States,
unless after the date of the enactment of this section, such
agreement or amendment is--
``(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
``(2) specifically authorized by an Act of Congress.
``(b) Annual Notification.--Not later than January 31 of
each year, beginning in 2013, the President shall submit to
the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a notification of--
``(1) whether the Russian Federation has recognized during
the previous year the sovereign right of the United States to
pursue quantitative and qualitative improvements in missile
defense capabilities; and
``(2) whether during any treaty negotiations or other
Government-to-Government contacts between the United States
and the Russian Federation (including under the auspices of
the Bilateral Consultative Commission established by the New
START Treaty) during the previous year a representative of
the Russian Federation suggested that a treaty or other
international agreement include, with respect to the United
States--

[[Page H2909]]

``(A) restricting missile defense capabilities, military
capabilities in space, or conventional prompt global strike
capabilities; or
``(B) reducing the number of non-strategic nuclear weapons
deployed in Europe.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. International agreements relating to missile defense.''.
(c) Defense Technology Cooperation Agreements.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec.  2350n. Defense technology cooperation agreements between the
United States and the Russian Federation

``(a) In General.--None of the funds made available for
fiscal year 2012 or any fiscal year thereafter for the
Department of Defense may be used to implement a defense
technology cooperation agreement entered into between the
United States and the Russian Federation until a period of 60
days has elapsed following the date on which the President
transmits such agreement to the congressional defense
committees.
``(b) Defense Technology Cooperation Agreement Defined.--In
this section, the term `defense technology cooperation
agreement' means a cooperative agreement related to research
and development entered into under section 2358 of this title
or any other provision of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2350m the following new item:
``2350n. Defense technology cooperation agreement between the United
States and the Russian Federation.''.
(d) Limitation on Missile Defense Negotiation.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may
be used to implement an agreement regarding missile defense
entered into with the Russian Federation until the date that
is 30 days after the date on which the President transmits to
the appropriate congressional committees the draft agreement
discussed between the United States and the Russian
Federation at Deauville, France, in May 2011.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date
of the enactment of this Act.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) 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.

(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.

TITLE XIV--OTHER AUTHORIZATIONS

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 the
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.

SEC. 1407. 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, as specified in the
funding table in section 4501.

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) is amended by inserting ``or a
single point of failure'' after ``foreign sources''.

[[Page H2910]]

Subtitle C--Other Matters

SEC. 1421. 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 $26,000,000
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. 1422. 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. 1423. 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.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS

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. 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 market research or 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 action.

SEC. 1532. 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), 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--
(1) by striking ``private investment, mining sector
development, industrial development, and other projects'' and
inserting ``mining and natural resource industry
development''; and
(2) 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 used under 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 may be
obligated until the plan required by subsection (b) is
submitted to the appropriate congressional committees; and
``(ii) may not exceed $50,000,000 for fiscal year 2013,
except that no such funds may be obligated until the
Secretary notifies the appropriate congressional committees
that the activities of the Task Force for Business and
Stability Operations in Afghanistan will be transitioned to
the Department of State by September 30, 2013.''; and
(3) by striking ``The funds'' and inserting the following:
``(C) Availability.--The funds''.

SEC. 1533. LIMITATIONS ON AVAILABILITY OF FUNDS IN
AFGHANISTAN SECURITY FORCES FUND.

(a) Continuation of Existing Limitations on Availability of
Funds in Afghanistan Security Forces 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).
(b) Afghan Public Protection Force.--
(1) Limitation.--None of the funds available to the
Department of Defense for fiscal year 2013 for the
Afghanistan Security Forces Fund may

[[Page H2911]]

be obligated or expended for the Afghan Public Protection
Force (in this subsection referred to as the ``APPF'') until
the Secretary of Defense certifies in writing to the
congressional defense committees the following:
(A) Each subcontract, task order, or delivery order entered
into with the APPF under a contract of the Department of
Defense, or any agreement between the United States and
Afghanistan for services of the APPF for the Department of
Defense, will include--
(i) standard format, content, and liability clauses to
ensure consistent levels of security and dispute resolution
mechanisms;
(ii) a requirement for members of the APPF to adhere to the
APPF Code of Conduct, including principles of conduct for
such personnel, minimum vetting requirements, and management
and oversight commitments;
(iii) authority for the prime contractor or, in the case of
an agreement, the United States, to independently conduct
biometric screening;
(iv) authority for the prime contractor or, in the case of
an agreement, the United States--

(I) to direct the APPF, at its own expense, to remove or
replace any personnel performing on a subcontract or such
agreement who fail to meet the APPF Code of Conduct or terms
of such subcontract or agreement; and
(II) to terminate the subcontract or such agreement, if the
failure to comply is a gross violation or is repeated; and

(v) authority for the Commander, International Security
Assistance Force (or his designee)--

(I) to provide an arming authorization for APPF personnel
authorized to perform activities at a military installation
or facility in Afghanistan at which members of the Armed
Forces deployed to Afghanistan are garrisoned or housed;
(II) to account for and keep appropriate records of APPF
personnel authorized to perform activities at a military
installation or facility in Afghanistan at which members of
the Armed Forces deployed to Afghanistan are garrisoned or
housed, including on a database referred to as the
Synchronized Predeployment and Operational Tracker; and
(III) to consult with the Minister of Interior of
Afghanistan regarding rules on the use of force for APPF
personnel.

(B) The Minister of Interior of Afghanistan is committed to
ensuring that sufficient numbers of APPF personnel are
trained to match demand and attrition.
(C) Sufficient clarity exists with regard to command and
control of APPF personnel and the role of risk management
consultants.
(D) The program established pursuant to section 1225 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111 84; 22 U.S.C. 2785 note) is sufficient to--
(i) account for the transfer of any contractor-acquired,
United States Government-owned defense articles to the APPF;
and
(ii) conduct end-use monitoring, including an inventory of
the existence and completeness of any such defense articles;
(E) Mechanisms are in place to ensure that there is no
additional cost to the United States for--
(i) a weapon used in the performance of APPF services under
a subcontract of a contract of the Department of Defense, or
through an agreement between the United States and
Afghanistan, if such a weapon is a United States Government-
owned weapon; and
(ii) any assistance also provided through the Afghan
Security Forces Fund for support to APPF.
(F) The Minister of Interior of Afghanistan has established
the elements required by subparagraphs (A) through (F) of
section 862(a)(2) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110 181). For purposes of
the preceding sentence, the terms ``personnel performing
private security functions in an area of combat operations or
other significant military operations'', ``contractor'', and
``contractor personnel'', as used in section 862 of such Act,
mean members of the APPF.
(G) The Secretary is confident the security provided to
supply convoys, to Department of Defense construction
projects, and to Armed Forces deployed to Afghanistan will
not be degraded.
(2) Additional limitation.--None of the funds available to
the Department of Defense for fiscal year 2013 for the
Afghanistan Security Forces Fund may be obligated or expended
for infrastructure improvements at a APPF training center.
(3) Quarterly reports.--
(A) Assessment required.--Each fiscal year quarter during
fiscal years 2013 and 2014, the Secretary of Defense shall
conduct an assessment of the APPF.
(B) Reports.--Thirty days following the end of each quarter
of fiscal years 2013 and 2014, the Secretary shall submit a
report to the congressional defense committees of each
assessment conducted under subparagraph (A).
(C) Matters covered.--Each such report shall include--
(i) a detailed assessment of the ability of the APPF to
perform the essential tasks identified by the assessment
team;
(ii) an identification and evaluation of measures of
effectiveness,
(iii) a description of the size of the APPF and an
assessment of the sufficiency of its recruiting and training;
and
(iv) a discussion of the issues the Secretary considers
significant, and any recommendations to address those issues
or other recommendations to improve future performance of the
APPF, as the Secretary considers appropriate.
(D) First report.--The first quarterly report submitted
after the date of the enactment of this Act shall include an
estimate of the cost to the Department of Defense of the
APPF, including funds within the Afghan Security Forces Fund
and estimated contractual costs for fiscal years 2013 and
2014.
(E) A report submitted following the end of the second and
fourth quarter of a fiscal year shall include a comparison of
the cost to the Department of Defense (both direct and to
contractors of the Department of Defense) for the preceding
six months of--
(i) the use of the APPF; and
(ii) the historical use of private security contractors for
a similar six-month period.
(4) Agreements.--The Secretary shall submit to the
congressional defense committees a copy of each agreement
signed by the United States and Afghanistan for services of
the APPF for the Department of Defense during the first six
months following the date of the enactment of this Act.

TITLE XVI--INDUSTRIAL BASE MATTERS

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
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
a separate discussion and presentation regarding the extent
to which the national technology and industrial base is
affected by foreign boycotts. The discussion and presentation
regarding foreign boycotts shall--
``(1) identify sectors of the national technology and
industrial base being affected by foreign boycotts;
``(2) assess the harm to the national technology and
industrial base as a result of such boycotts; and
``(3) identify actions necessary to minimize the effects of
foreign boycotts on the national technology and industrial
base.''.

SEC. 1603. ADVANCING INNOVATION PILOT PROGRAM.

(a) Pilot Program.--The Secretary of Defense, acting
through the Assistant Secretary of Defense for Research and
Engineering, may establish and implement a pilot program, to
be known as the ``Advancing Innovation Pilot Program'', in
furtherance of the national security objectives in section
2501(a) of title 10, United States Code.
(b) Purpose.--The purpose of the pilot program is to
accelerate development and fielding of research innovations
from qualifying institutions.
(c) Availability of Funds.--Of the funds authorized and
appropriated, or otherwise made available, for research,
development, test and evaluation, the Secretary may allocate
funding to qualifying institutions in accordance with this
subsection. Such funding shall be used to evaluate the
potential of fielding or commercialization of existing
discoveries, including--
(1) proof of concept research or prototype development; and
(2) activities that contribute to determining a project's
path to fielding or commercialization of dual-use
technologies, including technical validations, market
research, determination of intellectual property rights, and
investigating military or commercial opportunities.
(d) Implementation.--Prior to obligation or execution of
funding under the pilot program, the Secretary shall develop
and issue guidance to implement the pilot program. Such
guidance shall, at a minimum--
(1) require that funding allocated under the pilot program
shall be done using a competitive, merit-based process;
(2) ensure that qualifying institutions establish a
rigorous, diverse review board for program execution that
shall be comprised of experts in translational and proof of
concept research, including representatives that provide
expertise in transitioning technology, financing mechanisms,
intellectual property rights, and advancement of small
business concerns;
(3) ensure that technology validation milestones are
established; and
(4) enable the Assistant Secretary to reallocate funding
with the pilot program from poor performing projects to those
with more potential.
(e) Limitation.--Funding made available under the pilot
program shall not be used for basic research, or to fund the
acquisition of research equipment or supplies not directly
related to fielding activities to meet military requirements
or commercialization of dual-use technologies.
(f) Report.--Not later than 90 days after the completion of
the pilot program, the Secretary shall submit to the
congressional defense committees a report evaluating the
effectiveness of the activities of the pilot program. The
report shall include--
(1) a detailed description of the execution of the pilot
program, including incentives and activities undertaken by
review board experts;
(2) an accounting of the funds used in the pilot program;

[[Page H2912]]

(3) a detailed description of the institutional and
proposal selection process;
(4) a detailed compilation of results achieved by the pilot
program;
(5) an analysis of the program's effectiveness, with data
supporting the analysis; and
(6) recommendations for advancing innovation and otherwise
improving the transition of technology to meet Department of
Defense requirements.
(g) Definitions.--In this section:
(1) Qualifying institution.--The term ``qualifying
institution'' means any entity at which research and
development activities are conducted and that has past
performance in technology transition or commercialization of
third-party research, including--
(A) an institution of higher education or other nonprofit
entity; and
(B) a for-profit entity.
(2) Researcher.--The term ``researcher'' means a university
or Federal laboratory that conducts basic research.
(3) 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.
(4) Dual-use.--The term ``dual-use'' has the meaning
provided in section 2500(2) of title 10, United States Code.
(h) Termination.--The pilot program conducted under this
section shall terminate on September 30, 2017.

SEC. 1604. 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 paragraph:
``(9) Ensuring reliable sources of materials that are
critical to national security, such as specialty metals,
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 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. PILOT PROGRAM TO ASSIST IN THE GROWTH AND
DEVELOPMENT OF ADVANCED SMALL BUSINESS
CONCERNS.

(a) Establishment of Pilot Program.--The Secretary of
Defense shall establish a pilot program within the Department
of Defense to assist in the growth and development of
advanced small business concerns in accordance with this
section.
(b) Requirements of Pilot Program.--
(1) Restricted competition for certain contracts.--Under
the pilot program and except as provided under paragraph
(2)(B), competition for contract awards may be restricted to
advanced small business concerns if--
(A) the anticipated award price of the contract (including
options) is reasonably expected to exceed $25,000,000;
(B) the Procurement Center Representative of the Small
Business Administration or the Director of Small Business
Programs of the Department of Defense determines that, if the
contract were not awarded under the pilot program, the
contract would likely be awarded to an entity other than a
small business concern;
(C) there is a reasonable expectation that at least two
advanced small business concerns will submit offers with
respect to the contract;
(D) such advanced small business concerns agree to the
requirements specified in section 15(o) of the Small Business
Act (15 U.S.C. 644(o)) (relating to percentage of work under
the contract to be performed by the concern), except that
work performed by other advanced small business concerns or
by small business concerns shall be considered as work
performed by the prime contractor for purposes of such
requirements; and
(E) the contract award can be made at a fair market price.
(2) Eligibility.--
(A) Advanced small business concern.--An entity shall be
considered an advanced small business concern and eligible
for participation in the pilot program if the entity--
(i) is independently owned and operated and is not dominant
in its field of operation; and
(ii) has fewer than--

(I) twice the number of employees the Small Business
Administration has assigned as a size standard to the North
American Industrial Classification Standard code in which the
entity is operating; or
(II) three times the average annual receipts the Small
Business Administration has assigned as a size standard to
the North American Industrial Classification Standard code in
which the entity is operating.

(B) Small business concern.--Notwithstanding paragraph (1),
a small business concern may submit an offer for any contract
under the pilot program.
(3) Consideration and notice to public.--With respect to a
contract opportunity determined to meet the criteria
specified in paragraph (1), a contracting officer for the
Department of Defense shall--
(A) consider awarding a contract under the pilot program
before using full and open competition for such contract; and
(B) provide notice of the contract opportunity (including
the eligibility requirements of the contract opportunity) in
accordance with the Federal Acquisition Regulation and other
applicable guidelines.
(4) Relationship to small business act programs.--
(A) An advanced small business concern shall not be
eligible for any assistance provided to small businesses by
the Small Business Act (15 U.S.C. 637 et seq.) or the Small
Business Investment Act of 1958 22 (15 U.S.C. 661 et seq.),
unless eligibility is expressly provided through the pilot
program established by this Act, and contracts awarded
pursuant to the pilot program shall not be counted toward the
achievement of the small business prime or subcontracting
goals established by the Small Business Act (15 U.S.C. 644).
(B) An advanced small business concern shall enter into a
subcontracting plan in accordance with section 8(d) of the
Small Business Act (15 U.S.C. 637(d)).
(C) Nothing in this section authorizes a Procurement Center
Representative or an employee of the Office of Small Business
Programs to provide assistance to advanced small business
concerns or to advocate for the restriction of competition to
advanced small business concerns.
(c) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Administrator of the Small Business
Administration, shall develop and issue guidance to implement
the pilot program. The guidance shall--
(1) identify criteria under which the pilot program is
evaluated, including a methodology to collect data during the
course of the pilot program to facilitate an assessment at
the conclusion of the pilot program;
(2) permit a self-certification for eligibility for
participation in the pilot program;
(3) ensure that any self-certification requires the concern
involved to meet the requirements of the Small Business
Administration regarding ownership, control, and affiliation
(as set forth in section 121.103 of title 13 of the Code of
Federal Regulations);
(4) establish an appeals process to handle challenges to
self-certifications of advanced small business concerns, with
the certification of eligibility residing with the Small
Business Administration's Office of Hearings and Appeals;
(5) identify a method to reimburse the Small Business
Administration for additional costs to the Administration
relating to such self-certifications;
(6) establish a methodology for identifying and tracking
program participants, including reporting on contracts
awarded to program participants using the Federal Procurement
Data System; and
(7) ensure that the pilot program does not supersede goals
or programs authorized by the Small Business Act (15 U.S.C.
637 et seq.) or the Small Business Investment Act of 1958 22
(15 U.S.C. 661 et seq.) or count toward the achievement of
the small business prime or subcontracting goals established
by the Small Business Act (15 U.S.C. 644).
(d) Report to Congress.--Not later than one year after the
date of the enactment of this Act, and annually thereafter
for the duration of the pilot program, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the pilot program that includes each
of the following:
(1) The number of contracts awarded in the prior year under
the pilot program.
(2) The value of the contracts awarded under the pilot
program and a description of the work carried out under such
contracts.
(3) The number of program participants under the pilot
program.
(4) An assessment of the success of the pilot program based
on the criteria described in subsection (c)(1).

[[Page H2913]]

(5) Such recommendations as the Secretary considers
appropriate, including a recommendation regarding whether to
extend the pilot program or terminate it early.
(e) Termination.--The pilot program shall terminate on the
date that is three years after the date on which the guidance
for the pilot program is issued pursuant to subsection (c).
(f) Definitions.--In this section:
(1) Advanced small business concern.--The term ``advanced
small business concern'' means an entity that meets the
requirements specified in subsection (b)(2)(A).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means each of the
following:
(A) The Committees on Armed Services and on Small Business
and Entrepreneurship of the Senate.
(B) The Committees on Armed Services and on Small Business
of the House of Representatives.
(3) Office of small business programs.--The term ``Office
of Small Business Programs'' means the Office of Small
Business Programs described in section 144(b) of title 10,
United States Code.
(4) Pilot program.--The term ``pilot program'' means the
program established by the Secretary of Defense under
subsection (a).
(5) Procurement center representative.--The term
``Procurement Center Representative'' has the meaning
provided in section 15 of the Small Business Act (15 U.S.C.
644).
(6) Small business concern.--The term ``small business
concern'' has the meaning provided under section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).

SEC. 1612. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS
IN REQUIREMENTS DEVELOPMENT AND ACQUISITION
DECISION 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 in the Department of
Defense is a participant in requirements development and
acquisition decision 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 serve as an advisor to the Defense Acquisition
Board; and
(B) to serve as an advisor to the Information Technology
Acquisition Board; and
(2) require coordination between the chiefs 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 during the process for
approval of--
(A) a requirements document, as defined in section 2547 of
title 10, United States Code; and
(B) acquisition strategies or plans.

SEC. 1613. SMALL BUSINESS ADVOCATE FOR DEFENSE AUDIT
AGENCIES.

(a) Small Business Advocate.--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 Advocate for defense audit
agencies

``(a) Small Business Advocate.--The Secretary of Defense
shall designate within each defense audit agency an official
as the Small Business Advocate to have the duties described
in subsection (b) and such other responsibilities as may be
determined by the Secretary.
``(b) Duties.--The Small Business Advocate at a defense
audit agency shall--
``(1) advise the Director of the defense audit agency on
all 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; and
``(3) collect relevant data and monitor the defense audit
agency's conduct of audits of small business concerns,
including--
``(A) monitoring the timeliness of audit closeouts for
small business concerns; and
``(B) monitoring the responsiveness of the agency to issues
or other matters raised by small business concerns; and
``(4) develop and implement processes and procedures to
improve the performance of the defense audit agency related
to the timeliness of audits of small business concerns and
the responsiveness of the agency to issues or other matters
raised by small business concerns.
``(c) 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 chapter 8 of such title is amended by inserting
after the item relating to section 203 the following new
item:
``204. Small Business Advocate for defense audit agencies.''.

SEC. 1614. 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 enter into a contract with a federally funded research
and development center to conduct an independent assessment
of the Department's procurement performance related to small
business concerns.
(b) Matters Covered.--The assessment under subsection (a)
shall, at a minimum, include--
(1) a description of 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);
(2) a comparison of the industrial composition of prime
contractors participating in such test program and the
industrial composition of all prime contractors of the
Department of Defense;
(3) a determination of barriers to accurately capturing
data on small business prime contracting and subcontracting,
including an examination of the reliability of the
information technology systems of the Department that are
used to track such data;
(4) recommendations for improving the quality and
availability of data regarding small business prime
contracting and subcontracting performance;
(5) recommendations to improve and inform negotiations
regarding small business contract goals for the Department;
(6) an examination of the execution of small business
subcontracting plans, including an assessment of the degree
to which initial teaming agreements are not maintained
through the performance of contracts;
(7) an examination of the extent to which the Department
adheres to current policies and guidelines relating to small
business prime contracting and subcontracting goals;
(8) recommendations for increasing opportunities for small
business concerns owned and controlled by service-disabled
veterans (as defined by section 3(q) of the Small Business
Act (15 U.S.C. 632(q)) to do business with the Department of
Defense;
(9) an examination of the extent to which the Department
bundles, consolidates, or otherwise groups requirements into
contracts that are unsuitable for award to small businesses,
and the effects that such practices have on small business
participation;
(10) recommendations for increasing small business prime
contracting and subcontracting opportunities with the
Department; and
(11) recommendations for steps that can be taken to prevent
abuses and ensuring that small business contracts are in fact
going to small businesses.
(c) Report.--Not later than January 1, 2014, the Secretary
shall submit to the congressional defense committees a report
on the independent assessment conducted under this section.

SEC. 1615. ASSESSMENT OF SMALL BUSINESS PROGRAMS TRANSITION.

(a) Independent Review and Assessment.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall select an appropriate entity
outside the Department of Defense to conduct an independent
review and assessment of the transition of technologies
developed by small business, such as those developed under
the Small Business Innovation Research Program, into major
weapon systems and major automated information systems for
the Department of Defense.
(b) Elements.--The review and assessment required by
subsection (a) shall include the following:
(1) An analysis of a representative sample of major weapon
systems and major automated information systems to determine
the content of the systems from small businesses, including
components transitioned from the Small Business Innovation
Research Program.
(2) An analysis of established or ad hoc processes to allow
program offices to monitor, evaluate, and transition small
business-developed technologies into their program.
(3) Recommendations for developing a systematic and
sustained process for monitoring, evaluating, and
transitioning small business-developed technologies for use
by the entire defense acquisition system of the Department of
Defense, including data collection and measures of
effectiveness and performance.
(c) Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the entity conducting the
review and assessment under subsection (a) shall submit to
the Secretary and the congressional defense committees a
report containing--
(A) the results of the review and assessment; and
(B) recommendations for improving the process for managing
the transition and integration of technologies developed by
small business (including under the Small Business Innovation
Research Program) into major weapons systems and major
automated information systems.
(2) Additional evaluation required.--Not later than 30 days
after the date on which the congressional defense committees
receive the report required by paragraph (1), the Secretary
shall submit to such committees an evaluation by the
Secretary of the results and recommendations contained in
such report.
(d) SBIR Program Defined.--In this section, the term
``Small Business Innovation Research Program'' has the
meaning provided such term by section 2500(11) of title 10,
United States Code.

SEC. 1616. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL
OF THE DEPARTMENT OF DEFENSE.

(a) Requirement for 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 peer reviews of Department of Defense audit
agencies in accordance with and

[[Page H2914]]

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
failed an audit or is overdue for a peer review required to
be conducted in accordance with subsection (c)(10).''.

SEC. 1617. 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--
(1) 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) by striking subparagraph (A) and inserting the
following:
``(A) attend any provisioning conference or similar
evaluation session during which a determination may be made
with respect to the procurement method to be used to satisfy
a requirement, review any acquisition plan with respect to a
requirement, and make recommendations regarding procurement
method determinations and acquisition plans;'';
(3) 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'';
(4) in subparagraph (C) by striking ``(C) review
restrictions on competition'' and inserting the following:
``(C) review barriers to small business participation in
Federal contracting'';
(5) by striking subparagraph (D) and inserting the
following:
``(D) review any bundled or consolidated solicitation or
contract in accordance with this Act;'';
(6) by striking subparagraph (E) and inserting the
following:
``(E) have electronic access to procurement records,
acquisition plans developed or in development, and other data
of the procurement center commensurate with the level of such
representative's approve security clearance
classification;''; and
(7) by striking subparagraphs (F) and (G) and inserting the
following:
``(F) receive, from personnel responsible for reviewing
unsolicited proposals, copies of unsolicited proposals from
small business concerns and any information on outcomes
relating to such proposals;
``(G) participate in any session or planning process and
review any documents with respect to a decision to convert an
activity performed by a small business concern to an activity
performed by a Federal employee;
``(H) be an advocate for the maximum practicable
utilization of small business concerns in Federal
contracting, including by advocating against the 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) Notification and Inclusion.--Paragraph (4) of section
15(l) of such Act (15 U.S.C. 644(l)) is amended to read as
follows:
``(4) Notification and inclusion.--Agency heads shall
ensure that procurement center representatives are included
in applicable acquisition planning processes.''.
(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) by striking subparagraph (A) and inserting the
following:
``(A) Authorization.--At such times as the Administrator
deems appropriate, a procurement center representative shall
provide training for contracting officers, other appropriate
personnel of the procurement center to which such
representative is assigned, and small businesses groups
seeking to do business with such procurement center. Such
training shall acquaint the participants with the provisions
of this subsection and shall instruct the participants in
methods designed to further the purposes of this subsection.
``(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.''; and
(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''.

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

[[Page H2915]]

certification, except that a Business Opportunity Specialist
serving at the time of the date of enactment of the Small
Business Opportunity Act of 2012 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.''.
(d) GAO Report.--Not later than 365 days after the date of
enactment of this part, the Comptroller General of the United
States shall conduct a study and submit a report to the
Committee on Small Business of the House of Representatives
and the Committee on Small Business and Entrepreneurship of
the Senate on the relationship between the size and quality
of the acquisition workforce and the Federal government's
ability to maximize the utilization of small businesses in
Federal procurement. The report shall specifically address
the following:
(1) The extent to which training on small business
contracting laws affects a contracting officer's
determination to use one of the contracting authorities
provided in the Small Business Act.
(2) The relationship between a robust Federal acquisition
workforce and small business success in obtaining Federal
contracting opportunities.
(3) The effect on economic growth if small businesses
experienced a significant reduction in small business
procurement activities.
(4) The effect of the anticipated acceleration of
retirements by the acquisition workforce on small business
procurement opportunities.

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) enumerate opportunities for the participation of
small business concerns during all acquisition planning
processes and in all acquisition plans;
``(B) invite the participation of the appropriate Director
of Small and Disadvantaged Business Utilization in all
acquisition planning processes and provide that Director
access to all acquisition plans in development; and
``(C) invite the participation of the appropriate
procurement center representative in all acquisition planning
processes and provide that representative access to all
acquisition plans in development.''.

PART II--GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS

SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS.

(a) In General.--Section 15(g) of the Small Business Act
(15 U.S.C. 644(g)) is amended by striking the subsection
enumerator and inserting the following:
``(g) Goals for Procurement Contracts Awarded to Small
Business Concerns.--''.
(b) Governmentwide Goals.--Paragraph (1) of section 15(g)
of such Act (15 U.S.C. 644(g)) is amended to read as follows:
``(1) Governmentwide goals.--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:
``(A) The Governmentwide goal for participation by small
business concerns shall be established at not less than 25
percent of the total value of all prime contract awards for
each fiscal year and 40 percent of the total value of all
subcontract awards for each fiscal year.
``(B) 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 at not less than 3
percent of the total value of all subcontract awards for each
fiscal year.
``(C) 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 at not less than 3 percent of the
total value of all subcontract awards for each fiscal year.
``(D) 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 at not less than 5 percent of the total value of
all subcontract awards for each fiscal year.
``(E) 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 at not less than 5 percent of the
total value of all subcontract awards for each fiscal
year.''.
(c) Agency Goals.--Paragraph (2) of section 15(g) of such
Act (15 U.S.C. 644(g)) is amended to read as follows:
``(2) Agency goals.--
``(A) Establishment.--The head of each Federal agency shall
annually establish, for the agency that individual heads,
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.
``(B) Relationship to governmentwide goals.--
``(i) Scope.--The goals established by the head of a
Federal agency under subparagraph (A) shall be in the same
format as the goals established by the President under
paragraph (1) and shall address both prime contract and
subcontract awards.
``(ii) Requirement pertaining to agency goals.--With
respect to each goal for a fiscal year established under
subparagraph (A) for a category of small business concern,
the participation percentage applicable to such goal may not
be less than the participation percentage applicable to the
Governmentwide goal for such fiscal year established under
paragraph (1) for such category.
``(C) Consultation required.--
``(i) In general.--.In establishing goals under
subparagraph (A), the head of each Federal agency shall
consult with the Administrator.
``(ii) Disagreements.--Except as provided by clause (iii),
if the Administrator and the head of a Federal agency fail to
agree on a goal established under subparagraph (A), the
disagreement shall be submitted to the Administrator for
Federal Procurement Policy for final determination.
``(iii) Agency goals of the department of defense.--In the
case of a goal proposed by the Secretary of Defense that is
lower than a goal established during the preceding fiscal
year for the Department of the Defense and for which the
Administrator does not agree, the disagreement shall be
submitted to the Administrator for Federal Procurement Policy
for final determination.
``(D) Plan for achieving goals.--After establishing goals
under subparagraph (A) for a fiscal year, the head of each
Federal agency shall develop a plan for achieving such goals,
which shall apportion responsibilities among the agency's
acquisition executives and officials.
``(E) Expanded participation.--In establishing goals under
subparagraph (A), 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 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.
``(F) Consideration.--The head of each Federal agency, in
attempting to attain expanded participation under
subparagraph (E), 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).
``(G) Communication regarding goals.--
``(i) Importance of achieving goals.--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) Procurement employees or program managers
described.--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.''.
(d) Enforcement; Determinations of the Total Value of
Contract Awards.--Section 15(g) of the Small Business Act (15
U.S.C. 644(g)), as amended by this part, is further amended
by adding at the end the following:
``(3) Enforcement.--If the Administrator does not issue the
report required in subsection (h)(2) on or before the date
that is 120 days after the end of the prior fiscal year, the
Administrator may not carry out or establish any pilot
program until the date on which the Administrator issues the
report.
``(4) Determinations of the total value of contract
awards.--For purposes of the goals established under
paragraphs (1) and (2), the total value of contract awards
for a fiscal year may not be determined in a manner that
excludes the value of a contract based on--
``(A) where the contract is awarded;
``(B) where the contract is performed;
``(C) whether the contract is mandated by Federal law to be
performed by an entity other than a small business concern;
``(D) whether funding for the contract is made available in
an appropriations Act, if the contract is subject to
competitive procedures under chapter 33 of title 41, United
States Code; or
``(E) whether the contract is subject to the Federal
Acquisition Regulation.''.

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)(A) with respect to such
fiscal year; and

[[Page H2916]]

``(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 website, 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)(A) for
such fiscal year was achieved;
``(D) the reasons for any failure to achieve a goal
established under paragraph (1) or (2)(A) 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;
``(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
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; and

``(vi) small business concerns owned by 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; and

``(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 and each Federal agency,
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.''.

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) Evaluation of Executives.--The head of an agency shall
ensure that evaluations of 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, include
consideration of the agency's success in achieving small
business contracting goals and percentages. Such evaluations
shall, as a minimum, consider the extent to which the
executive--
(1) promotes a climate or environment that is responsive to
small business concerns;
(2) communicates the importance of achieving the agency's
small business contracting goals; and
(3) encourages 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 PROGRAM

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 46; 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) of this Act (as in effect on the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2013), 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 the National Defense Authorization Act for
Fiscal Year 2013, 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 proteges against actions by the mentor that--
``(i) may adversely affect the proteges status as a small
business; 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.

[[Page H2917]]

``(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 the National
Defense Authorization Act for Fiscal Year 2013.
``(c) Reporting.--
``(1) In general.--Not later than 2 years after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2013, 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) must
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 with 180
days of receipt.''.

SEC. 1642. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

Not later than the date that is 2 years after the agencies
operating subject to section 45(b)(4)(C) of the Small
Business Act have their plans approved or denied by the
Administrator, the Comptroller General of the United States
shall conduct a study to--
(1) update the study required by section 1345 of the Small
Business Jobs Act of 2010 (Pub. Law 111-240);
(2) examine whether potential affiliation issues between
mentors and proteges under the prior programs have been
resolved by enactment of this Act; and
(3) examine whether the regulations issued pursuant to
section 45(b)(3)(I) of the Small Business Act have increased
opportunities for mentor-protege pairs, and if they have
decreased the paperwork required for such pairs participating
in programs at multiple agencies.

PART IV --TRANSPARENCY IN SUBCONTRACTING

Subpart A--Limitations on Subcontracting

SEC. 1651. LIMITATIONS ON SUBCONTRACTING.

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. 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 more than 1 of
paragraphs (1) through (2)--
``(A) shall determine for which category of services or
supplies, described in 1 of paragraphs (1) through (4), the
greatest percentage of the contract amount 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--
``(i) 50 percent of that amount, if the category of
services or supplies applicable under subparagraph (A) is
described in paragraph (1); and
``(ii) 50 percent of that amount, if the category of
services or supplies applicable under subparagraph (A) is
described in paragraph (2); 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.--
``(1) In general.--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.
``(2) Uniformity.--A change to a percentage under paragraph
(1) shall apply to all covered small business concerns.
``(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 (2).
``(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 45 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

[[Page H2918]]

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 45 is violated.''.

SEC. 1653. CONFORMING AMENDMENTS.

(a) HUBZones.--Section 3(p)(5) of the Small Business Act
(15 U.S.C. 632(p)(5)) is amended--
(1) 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 45 are
satisfied; and'';

(2) by striking subparagraphs (B) and (C); and
(3) by redesignating subparagraph (D) as subparagraph (B).
(b) 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 45.''.
(c) 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 45.''.

SEC. 1654. REGULATIONS.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the Small Business Administration
shall issue guidance with respect to compliance with the
changes made to the Small Business Act by the amendments in
this part, with opportunities for notice and comment.

Subpart B--Subcontracting Plans

SEC. 1655. SUBCONTRACTING PLANS.

(a) Subcontracting Reporting Requirements.--
(1) In general.--Section 8(d)(6) of the Small Business Act
(15 U.S.C. 637(d)(6)) is amended--
(A) by striking ``(6) Each subcontracting plan'' and
inserting the following:
``(6) Subcontracting plan requirements.--Each
subcontracting plan'';
(B) by amending subparagraph (E) to read as follows:
``(E) assurances that the offeror or bidder will--
``(i) submit--

``(I) not later than 180 days after the date on which
performance under the applicable contract begins, and every
180 days thereafter until contract performance ends, a report
that describes all subcontracting activities under the
contract during the preceding 180-day period;
``(II) not later than 1 year after the date on which
performance under the applicable contract begins, and
annually thereafter until contract performance ends, a report
that describes all subcontracting activities under the
contract that have occurred before the date on which the
report is submitted; and
``(III) not later than 30 days after the date on which
performance under the applicable contract ends, a report that
describes all subcontracting activities under the contract;
and

``(ii) cooperate with any study or survey required by the
applicable Federal agency or the Administration to determine
the extent of compliance by the offeror or bidder with the
subcontracting plan;''; and
(C) by moving the margins for subparagraphs (A), (B), (C),
(D), and (F) 2 ems to the right (so that the align with
subparagraph (E), as amended by subparagraph (B) of this
paragraph).
(2) Reporting system modification.--
(A) In general.--Not later than 1 year after the date of
enactment of this part, the Administrator of the Small
Business Administration shall take such actions as are
necessary to ensure that the Federal subcontracting reporting
system to which covered reports are submitted is modified to
notify the Administrator, the appropriate contracting
officer, and the appropriate Director of Small and
Disadvantaged Business Utilization if an entity fails to
submit a required covered report. If the Administrator does
not modify the subcontracting reporting system on or before
the date that is 1 year after the date of enactment of this
part, the Administrator may not carry out or establish any
pilot program until the date the Administrator modifies the
reporting system.
(B) Covered report defined.--In this paragraph, the term
``covered report'' means a report submitted in accordance
with assurances provided under section 8(d)(6)(E) of the
Small Business Act (15 U.S.C. 637(d)(6)(E)).
(b) Failure To Submit Subcontracting Reports as Breach of
Contract.--Section 8(d)(8) of such Act (15 U.S.C. 637(d)(8))
is amended--
(1) by striking ``(8) The failure'' and inserting the
following:
``(8) Material breach.--The failure'';
(2) in subparagraph (A) by striking ``subsection, or'' and
inserting ``subsection,'';
(3) in subparagraph (B) by striking ``subcontract,'' and
inserting ``subcontract, or'';
(4) by inserting after subparagraph (B) the following:
``(C) assurances provided under paragraph (6)(E),''; and
(5) by moving the margins of subparagraphs (A), (B), and
the matter following subparagraph (B) 2 ems to the right.
(c) Authority of Small Business Administration.--Section
8(d)(10) of such Act (15 U.S.C. 637(d)(10)) is amended--
(1) by striking ``(10) In the case of'' and inserting the
following:
``(10) Authority of administration.--In the case of'';
(2) in subparagraph (B) by striking ``, which shall be
advisory in nature,'';
(3) in subparagraph (C) 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
(4) by moving the margins of subparagraphs (A) through (C)
2 ems to the right.
(d) Appeals.--Section 8(d) of such Act (15 U.S.C. 637(d))
is amended by adding at the end the following:
``(13) Review and acceptance of subcontracting plans.--
``(A) In general.--Except as provided in subparagraph (E),
if a procurement center representative or commercial market
representative determines that a subcontracting plan required
under paragraph (4) or (5) fails to provide the maximum
practicable opportunity for covered small business concerns
to participate in the performance of the contract to which
the plan applies, such representative may delay acceptance of
the plan in accordance with subparagraph (B).
``(B) Process.--
``(i) In general.--Except as provided in clause (ii), a
procurement center representative or commercial market
representative who makes the determination under subparagraph
(A) with respect to a subcontracting plan may delay
acceptance of the plan for a 30-day period by providing
written notice of such determination to head of the procuring
activity of the contracting agency. Such notice shall include
recommendations for altering the plan to provide the maximum
practicable opportunity described in that subparagraph.
``(ii) Exception.--In the case of the Department of
Defense, a procurement center representative or commercial
market representative who makes the determination under
subparagraph (A) with respect to a subcontracting plan may
delay acceptance of the plan for a 15-day period by providing
written notice of such determination to appropriate personnel
of the Department of Defense. Such notice shall include
recommendations for altering the plan to provide the maximum
practicable opportunity described in that subparagraph. The
authority of a procurement center representative or
commercial market representative to delay acceptance of a
subcontracting plan as provided in subparagraph (A), does not
include the authority to delay the award or performance of
the contract concerned.
``(C) Disagreements.--If a procurement center
representative or commercial market representative delays the
acceptance of a subcontracting plan under subparagraph (B)
and does not reach agreement with head of the procuring
activity of the contracting agency to alter the plan to
provide the maximum practicable opportunity described in
subparagraph (A) not later than 30 days from the date written
notice was provided, the disagreement shall be submitted to
the head of the contracting agency by the Administrator for a
final determination.
``(D) Covered small business concerns defined.--In this
paragraph, the term `covered small business concerns' means
small business concerns, qualified HUBZone small business
concerns, small business concerns owned and controlled by
veterans, small business concerns owned and controlled by
service-disabled veterans, small business concerns owned and
controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women.
``(E) Exception.--The procurement center representative or
commercial market representative may not delay the acceptance
of a subcontracting plan if the appropriate personnel of the
contracting agency certify that the agency's need for the
property or services is of such an unusual and compelling
urgency that the United States would be seriously injured
unless the agency is permitted to accept the subcontracting
plan.''.

SEC. 1656. 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. 1657. REGULATIONS.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the Small Business Administration
shall issue guidance with respect to the changes made to the
Small Business Act, with opportunity for notice and comment.

Subpart C--Publication of Certain Documents

SEC. 1658. PUBLICATION OF CERTAIN DOCUMENTS.

The Small Business Act (15 U.S.C. 631 et seq.), as amended
by this part, is further amended by inserting after section
45 the following:

``SEC. 46. PUBLICATION OF CERTAIN DOCUMENTS.

``A Federal agency, other than the Department of Defense,
may only convert a function that is being performed by a
small business concern to performance by a Federal employee
if the agency has made publicly available the procedures and
methodologies of the agency with respect to decisions to
convert a function being

[[Page H2919]]

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.''.

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 rule making.--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
rule making and notice of final rule each of the following:
``(A) a detailed description of the industry for which the
new size standard is proposed;
``(B) an analysis of the competitive environment for that
industry;
``(C) the approach the Administrator used to develop the
proposed standard including the source of all data used to
develop the proposed rulemaking; 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 rulemaking 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 four digit North
American Industrial Classification 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 it creates pursuant to
paragraph (2), and shall assign the appropriate size standard
to each North American Industrial Classification System
Code''.

PART VI --CONTRACT BUNDLING

SEC. 1671. CONSOLIDATION OF PROVISIONS RELATING TO CONTRACT
BUNDLING.

Section 44 of the Small Business Act (15 U.S.C. 657q) is
amended to read as follows:

``SEC. 44. CONTRACT BUNDLING.

``(a) Definitions.--In this Act:
``(1) Bundled contract.--The term `bundled contract'--
``(A) means a contract that is entered into to meet
procurement requirements that are combined in a bundling of
contract requirements, without regard to whether a study of
the effects of the solicitation on Federal officers or
employees has been made; and
``(B) does not include--
``(i) a contract with an aggregate dollar value below the
dollar threshold; or
``(ii) a single award contract for the acquisition of a
weapons system acquired through a major defense acquisition.
``(2) Bundling methodology.--The term `bundling
methodology' means--
``(A) a solicitation to obtain offers for a single contract
or a multiple award contract;
``(B) a solicitation of offers for the issuance of a task
or a delivery order under an existing single or multiple
award contract; or
``(C) the creation of any new procurement requirements that
permits a combination of contract requirements, including any
combination of contract requirements or order requirements.
``(3) Bundling of contract requirements.--The term
`bundling of contract requirements', with respect to the
contract requirements of a Federal agency--
``(A) means the use of any bundling methodology to satisfy
2 or more procurement requirements for new or existing goods
or services provided to or performed for the Federal agency,
including any construction services, that is likely to be
unsuitable for award to a small-business concern due to--
``(i) the diversity, size, or specialized nature of the
elements of the performance specified;
``(ii) the aggregate dollar value of the anticipated award;
``(iii) the geographical dispersion of the contract
performance sites; or
``(iv) any combination of the factors described in clauses
(i), (ii), and (iii); and
``(B) does not include the use of a bundling methodology
for an anticipated award with an aggregate dollar value below
the dollar threshold.
``(4) Chief acquisition officer.--The term `Chief
Acquisition Officer' means the employee of a Federal agency
designated as the Chief Acquisition Officer for the Federal
agency under section 1702(a) of title 41, United States Code.
``(5) Contract.--The term `contract' includes, for purposes
of this section, any task order made pursuant to an
indefinite quantity, indefinite delivery contract.
``(6) Contract bundling.--The term `contract bundling'
means the process by which a bundled contract is created.
``(7) Dollar threshold.--The term `dollar threshold'
means--
``(A) in the case of a contract for construction,
$5,000,000; and
``(B) in any other case, $2,000,000.
``(8) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given in section
2430(a) of title 10, United States Code.
``(9) Previously bundled contract.--The term `previously
bundled contract' means a contract that is the successor to a
contract that required a bundling analysis, contract for
which any of the successor contract were designated as a
consolidated contract or bundled contract in the Federal
procurement database, or a contract for which the
Administrator designated the prior contract as a bundled
contract.
``(10) Procurement activity.--The term `procurement
activity' means the Federal agency or office thereof
acquiring goods or services.
``(11) Procurement requirement.--The term `procurement
requirement' means a determination by an agency that the
acquisition of a specified good or service is needed to
satisfy the mission of the agency.
``(12) Senior procurement executive.--The term `senior
procurement executive' means an official designated under
section 1702(c) of title 41, United States Code, as the
senior procurement executive for a Federal agency.
``(13) Trade association.--The term `trade association'
means any entity that is described in paragraph (3), (6),
(12), or (19) of section 501(c) of the Internal Revenue Code
of 1986 and which is exempt from tax under section 501(a) of
such Code.
``(b) Policy.--The head of each Federal agency shall ensure
that the decisions made by the Federal agency regarding
contract bundling are made with a view to providing small
business concerns with the maximum practicable opportunities
to participate as prime contractors and subcontractors in the
procurements of the Federal agency.
``(c) Contract Bundling.--
``(1) Proposed procurements.--Paragraphs (2) through (4)
shall apply to a proposed procurement if the proposed
procurement--
``(A) one or more small business concerns would suffer
economic harm or disruption of its business operations,
including the potential loss of an existing contract, as a
direct or indirect result of the contract bundling;
``(B) includes, in its statement of work, goods or
services--
``(i)(I) currently being performed by a small business; and
``(II) if the proposed procurement is in a quantity or
estimated dollar value the magnitude of which renders small
business prime contract participation unlikely; or
``(ii)(I) that are of a type that the Administrator through
market research can demonstrate that two or more small
businesses are capable of performing; and
``(II) if the statement of work proposes combining the
goods or services identified in subclause (I) with other
requirements for goods or services into the solicitation of
offers;
``(C) is for construction and--
``(i) seeks to package or combine discrete construction
projects; or
``(ii) the value of the goods or services subject to the
contract exceeds the dollar threshold; or
``(D) is determined by the Administrator to have a
solicitation that involves an unnecessary or unjustified
bundling of contract requirements.
``(2) Responsibility of the procurement activity.--At least
45 days prior to the issuance of a solicitation, the
Procurement Activity shall notify and provide a copy of the
proposed procurement to the procurement center representative
assigned to the Procurement Activity. The 45-day notification
process under this paragraph shall occur concurrently with
other processing steps required prior to issuance of the
solicitation. The notice shall include a statement as to why
the agency has determined that contract bundling is necessary
and justified and shall also describe why the proposed
acquisition cannot be offered so as to make small business
participation likely. Such statement shall address--
``(A) why the proposed acquisition cannot be further
divided into reasonably small lots or discrete tasks in order
to permit offers by small business concerns;
``(B) if applicable, a list of the incumbent contractors
disaggregated by and including names, addresses, and whether
or not the contractor is a small business concern;
``(C) a description of the industries that might be
interested in bidding on the contract requirements;
``(D) an assessment of the impact on small businesses that
had bid on previous procurement requirements that are
included in the bundling of contract requirements;
``(E) delineating the number of existing small business
concerns whose contracts will cease if the contract bundling
proceeds;
``(F) if delivery schedule was a factor in the decision to
bundle, an explanation as to why a schedule could not be
developed that would encourage small business participation;
and
``(G) in the case of a construction contract, why
construction cannot be procured as separate discrete
projects.
``(3) Publication of notice statement.--Concurrently, the
statement required in paragraph (2) shall be published in the
Federal contracting opportunities database.

[[Page H2920]]

``(4) Recompetition of a previously bundled contract.--If
the proposed procurement is a previously bundled contract,
that is to be recompeted as a bundled contract, the
Administrator shall determine, with the assistance of the
agency proposing the procurement--
``(A) the amount of savings and benefits (in accordance
with subsection (d)) achieved under the bundling of contract
requirements;
``(B) whether such savings and benefits will continue to be
realized if the contract remains bundled, and whether such
savings and benefits would be greater if the procurement
requirements were divided into separate solicitations
suitable for award to small business concerns;
``(C) the dollar value of subcontracts awarded to small
business concerns under the bundled contract, disaggregated
by North American Industrial Classification System Code;
``(D) the percentage of subcontract dollars awarded to
small businesses under the bundled contract, disaggregated by
North American Industrial Classification System Code; and
``(E) the dollar amount and percentage of prime contract
dollars awarded to small businesses in the primary North
American Industrial Classification System Code for that
bundled contract during each of the two fiscal years
preceding the award of the bundled contract and during each
fiscal year of the performance of the bundled contract.
``(5) Failure to provide notice.--
``(A) No notification received.--If no notification of the
proposed procurement or accompanying statement is received,
but the Administrator determines that the proposed
procurement is a proposed procurement described in paragraph
(1), then the Administrator shall require that such a
statement of work be completed by the Procurement Activity
and sent to the procurement center representative and
postpone the solicitation process for at least 10 days but
not more than 45 days to allow the Administrator to review
the statement and make recommendations as described in this
section before the procurement process is continued.
``(B) No work continued.--If the Administrator requires a
Procurement Activity to provide a statement of work pursuant
to subparagraph (A), the Procurement Activity shall not be
permitted to continue with the procurement until such time as
the Procurement Activity complies with the requirements of
subparagraph (A).
``(6) Responsibility of the procurement center
representative.--Within 15 days after receipt of the proposed
procurement and accompanying statement, if the procurement
center representative believes that the procurement as
proposed will render small business prime contract
participation unlikely, the representative shall recommend to
the Procurement Activity alternative procurement methods
which would increase small business prime contracting
opportunities.
``(7) Disagreement between the administrator and the
procurement activity.--
``(A) In general.--If the Administrator determines that a
small business concern would be adversely affected, directly
or indirectly, by the proposed procurement, or if a small
business concern or a trade association of which that small
business concern is a member so requests, the Administrator
may take action under this paragraph to further the interests
of small businesses.
``(B) Appeal to agency head.--The proposed procurement
shall be submitted for determination to the head of the
contracting agency by the Administrator.
``(C) Appeal by affected small business concern to gao.--
For purposes of subchapter V of chapter 35 of title 31,
United States Code, if a protest is submitted to the
Comptroller General under that subchapter alleging a
violation of this section of the Small Business Act, a trade
association representing small business concerns shall be
considered an interested party.
``(d) Market Research.--
``(1) In general.--Before proceeding with an acquisition
strategy that could lead to bundled contracts, the head of an
agency shall conduct market research to determine whether
bundling of the requirements is necessary and justified.
``(2) Factors.--For purposes of subsection (c)(1), a
bundled contract is necessary and justified if the bundling
of contract requirements will result in substantial
measurable benefits in excess of those benefits resulting
from a procurement of the contract requirements that does not
involve contract bundling.
``(3) Benefits.--For the purposes of bundling of contract
requirements, benefits described in paragraph (2) may include
the following:
``(A) Cost savings.
``(B) Quality improvements.
``(C) Reduction in acquisition cycle times.
``(D) Better terms and conditions.
``(E) Any other benefits.
``(4) Reduction of costs not determinative.--For purposes
of this subsection:
``(A) Cost savings shall not include any reduction in the
use of military interdepartmental purchase requests or any
similar transfer funds among Federal agencies for the use of
a contract issued by another Federal agency.
``(B) The reduction of administrative or personnel costs
alone shall not be a justification for bundling of contract
requirements unless the cost savings are expected to be
substantial in relation to the dollar value of the
procurement requirements to be bundled.
``(5) Limitation on acquisition strategy.--The head of a
Federal agency may not carry out an acquisition strategy that
includes bundled contracts valued in excess of the dollar
threshold, unless the senior procurement executive or, if
applicable, Chief Acquisition Officer, for the Federal
agency, certifies to the head of the Federal agency that
steps will be taken to include small business concerns in the
acquisition strategy prior to the implementation of such
acquisition strategy.
``(e) Strategy Specifications.--If the head of a
contracting agency determines that an acquisition plan or
proposed procurement strategy will result in a bundled
contract, the proposed acquisition plan or procurement
strategy shall--
``(1) identify specifically the benefits anticipated to be
derived from the bundling of contract requirements;
``(2) set forth an assessment of the specific impediments
to participation by small business concerns as prime
contractors that result from the contract bundling and
specify actions designed to maximize small business
participation as subcontractors (including suppliers) at
various tiers under the contract or contracts that are
awarded to meet the requirements; and
``(3) include a specific determination that the anticipated
measurable benefits of the proposed bundled contract justify
its use.
``(f) Contract Teaming.--In the case of a solicitation of
offers for a bundled contract that is issued by the head of
an agency, a small-business concern may submit an offer that
provides for use of a particular team of subcontractors for
the performance of the contract. The head of the agency shall
evaluate the offer in the same manner as other offers, with
due consideration to the capabilities of all of the proposed
subcontractors. If a small business concern teams under this
paragraph, it shall not affect its status as a small business
concern for any other purpose.
``(g) Database, Analysis, and Annual Report Regarding
Contract Bundling.--
``(1) Database.--Not later than 180 days after the date of
the enactment of this subsection, the Administrator shall
develop and shall thereafter maintain a database containing
data and information regarding--
``(A) each bundled contract awarded by a Federal agency;
and
``(B) each small business concern that has been displaced
as a prime contractor as a result of the award of such a
contract.
``(2) Analysis.--For each bundled contract that is to be
recompeted, the Administrator shall determine--
``(A) the amount of savings and benefits realized, in
comparison with the savings and benefits anticipated by the
analysis required under subsection (d) prior to the contract
award; and
``(B) whether such savings and benefits will continue to be
realized if the contract remains bundled, and whether such
savings and benefits would be greater if the procurement
requirements were divided into separate solicitations
suitable for award to small business concerns.
``(3) Annual report on contract bundling.--
``(A) In general.--Not later than 1 year after the date of
the enactment of this paragraph, and annually in March
thereafter, the Administrator shall transmit a report on
contract bundling to the Committee on Small Business of the
House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate.
``(B) Contents.--Each report transmitted under subparagraph
(A) shall include--
``(i) data on the number, arranged by industrial
classification, of small business concerns displaced as prime
contractors as a result of the award of bundled contracts by
Federal agencies; and
``(ii) a description of the activities with respect to
previously bundled contracts of each Federal agency during
the preceding year, including--

``(I) data on the number and total dollar amount of all
contract requirements that were bundled; and
``(II) with respect to each bundled contract, data or
information on--

``(aa) the justification for the bundling of contract
requirements;
``(bb) the cost savings realized by bundling the contract
requirements over the life of the contract;
``(cc) the extent to which maintaining the bundled status
of contract requirements is projected to result in continued
cost savings;
``(dd) the extent to which the bundling of contract
requirements complied with the contracting agency's small
business subcontracting plan, including the total dollar
value awarded to small business concerns as subcontractors
and the total dollar value previously awarded to small
business concerns as prime contractors; and
``(ee) the impact of the bundling of contract requirements
on small business concerns unable to compete as prime
contractors for the consolidated requirements and on the
industries of such small business concerns, including a
description of any changes to the proportion of any such
industry that is composed of small business concerns.
``(h) Bundling Accountability Measures.--
``(1) Teaming requirements.--Each Federal agency shall
include in each solicitation for any multiple award contract
above the dollar threshold a provision soliciting bids from
any responsible source, including responsible small business
concerns and teams or joint ventures of small business
concerns.
``(2) Policies on reduction of contract bundling.--
``(A) In general.--Not later than 270 days after the date
of enactment of this subparagraph, the Federal Acquisition
Regulatory Council, established under section 1302(a) of
title 41, United States Code, shall amend the Federal
Acquisition Regulation issued under section 1303 of such
title to--
``(i) establish a Government-wide policy regarding contract
bundling, including regarding the solicitation of teaming and
joint ventures; and
``(ii) require that the policy established under clause (i)
be published on the website of each Federal agency.
``(B) Rationale for contract bundling.--Not later than 30
days after the date on which

[[Page H2921]]

the head of a Federal agency submits the report required
under section 15(h), the head of the Federal agency shall
publish on the website of the Federal agency a list and
rationale for any bundled contract for which the Federal
agency solicited bids or that was awarded by the Federal
agency.''.

SEC. 1672. REPEAL OF REDUNDANT PROVISIONS.

(a) Certain Provisions Regarding Contract Bundling
Repealed.--
(1) Section 15(a) of the Small Business Act (15 U.S.C.
644(a)), is amended by striking ``If a proposed procurement
includes'' and all that follows through ``the matter shall be
submitted for determination to the Secretary or the head of
the appropriate department or agency by the Administrator.''.
(2) All references in law to such sentences as they were in
effect on the date that is one day prior to the effective
date of this Act shall be deemed to be references to section
44(d), as added by this part.
(b) Certain Provisions Regarding Market Research
Repealed.--
(1) Paragraphs (2) through (4) of section 15(e) of the
Small Business Act (15 U.S.C. 644(e)) are repealed.
(2) All references in law to such paragraphs, as in effect
on the date that is one day prior to the effective date of
this Act, shall be deemed to be references to subsections (d)
through (f), respectively, of section 44 of the Small
Business Act, as added by this section.
(c) Certain Provisions Regarding Contract Bundling Database
Repealed.--
(1) Paragraph (1) of section 15(p) of the Small Business
Act (15 U.S.C. 644(p)) is repealed.
(2) Paragraphs (2) through (4) of section 15(p) of the
Small Business Act (15 U.S.C. 644(p)) are repealed. All
references in law to such paragraphs, as in effect on the
date that is one day prior to the effective date of this Act,
shall be deemed to be references to paragraphs (1) through
(3), respectively, of section 44(h) of the Small Business
Act, as added by this part.
(d) Certain Provisions Regarding Bundling Accountability
Measures Repealed.--
(1) Paragraphs (1) and (2) of section 15(q) of the Small
Business Act (15 U.S.C. 644(q)) are repealed.
(2) All references in law to such paragraphs, as in effect
on the date that is one day prior to the effective date of
this Act, shall be deemed to be references to paragraphs (1)
and (2), respectively, of section 44(i) of the Small Business
Act, as added by this part.
(e) Certain Provisions Regarding.--Subsection (o) of
section 3 of the Small Business Act (15 U.S.C.) is repealed.

SEC. 1673. 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.--''.

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 reliance on a written advisory opinion
from a licensed attorney who is not an employee of the
defendant.''.
(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. OFFICE OF HEARINGS AND APPEALS.

(a) Chief Hearing Officer.--Section 4(b)(1) of the Small
Business Act is amended by adding at the end the following:
``One shall be designated at the time of his or her
appointment as the Chief Hearing Officer, who shall head and
administer the Office of Hearings and Appeals within the
Administration.''.
(b) Office of Hearings and Appeals Established in
Administration.--Section 5 of the Small Business Act (15
U.S.C. 634) is amended by adding at the end the following:
``(i) Office of Hearings and Appeals.--
``(1) In general.--There is established in the
Administration an Office of Hearings and Appeals--
``(A) to impartially decide such matters, where Congress
designates that a hearing on the record is required or which
the Administrator designates by regulation or otherwise; and
``(B) which shall contain the Administration's Freedom of
Information/Privacy Acts Office.
``(2) Chief hearing officer.--The Chief Hearing Officer
shall be a career member of the Senior Executive Service and
an attorney duly licensed by any State, commonwealth,
territory, or the District of Columbia.
``(A) Duties.--The Chief Hearing Officer shall--
``(i) serve as the Chief Administrative Law Judge; and
``(ii) be responsible for the operation and management of
the Office of Hearings and Appeals, pursuant to the rules of
practice established by the Administrator.
``(B) Alternative dispute resolution.--The Chief Hearing
Officer may also assign a matter for mediation or other means
of alternative dispute resolution.
``(3) Administrative law judges.--
``(A) In general.--An administrative law judge shall be an
attorney duly licensed by any State, commonwealth, territory,
or the District of Columbia.
``(B) Conditions of employment.--(i) An administrative law
judge shall serve in the excepted service as an employee of
the Administration under section 2103 of title 5, United
States Code, and under the supervision of the Chief Hearing
Officer.
``(ii) Administrative law judge positions shall be
classified at Senior Level, as such term is defined in
section 5376 of title 5, United States Code.
``(iii) Compensation for administrative law judge positions
shall be set in accordance with the pay rates of section 5376
of title 5, United States Code.
``(C) Treatment of current personnel.--An individual
serving as a Judge in the Office of Hearings and Appeals (as
that position and office are designated in section 134.101 of
title 13, Code of Federal Regulations (as in effect on
January 1, 2012)) on the effective date of this subsection
shall be considered as qualified to be and redesignated as
administrative law judges.
``(D) Powers.--An administrative law judge shall have the
authority to conduct hearings in accordance with sections
554, 556, and 557 of title 5, United States Code.''.

SEC. 1683. REQUIREMENT 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) Revision to FAR.--Not later than 270 days after the
date of enactment of this part, the Federal Acquisition
Regulation shall be revised to implement the amendment made
by this section.
(c) 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.
(d) Publication of Procedures Regarding Suspension and
Debarment.--Not later than 270 days after the date of
enactment of this part, the Administrator shall publish on
the Administration's Web site the standard operating
procedures for suspension and debarment in effect, and the
name and contact information for the individual designated by
the Administrator as the senior individual responsible for
suspension and debarment proceedings.

SEC. 1684. 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

[[Page H2922]]

(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) Small Business Technical Advisers.--Section 15(k)(8)(B)
of such Act (15 U.S.C. 644(k)(8)(B)) is amended--
(1) by striking ``and 15 of this Act,'' and inserting ``,
15, and 44 of this Act;''; and
(2) by inserting after ``of this Act'' the following:
``(giving priority in assigning to small business that are in
metropolitan statistical areas for which the unemployment
rate is higher than the national average unemployment rate
for the United States)''.
(d) 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.''.
(e) Requirement of Contracting 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
insert the following: ``, with experience serving in any
combination of the following roles: 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''.
(f) 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) 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 ``$2,000,000'' and inserting ``$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 adding at the end 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 guaranty application.''.
(c) Size Standards.--Section 410 of the Small Business
Investment Act of 1958 (15 U.S.C. 694a) is amended by adding
at the end 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.''.

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 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.

SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII and title XXIX shall take effect
on the later of--

[[Page H2923]]

(1) October 1, 2012; or
(2) the date of the enactment of this Act.

TITLE XXI--ARMY MILITARY CONSTRUCTION

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 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.....................................       $52,000,000
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......................................       $98,000,000
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....................................  Arlington.......................................       $84,000,000
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 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
Kwajalein Atoll...............................  Kwajalein Atoll................................      $62,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization
of appropriations in section 2103 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.

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.

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

[[Page H2924]]

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               $9,900,000
Facility 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''.

TITLE XXII--NAVY MILITARY CONSTRUCTION

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:

[[Page H2925]]

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
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.--The Secretary of the Navy shall not enter
into an award for a military construction project in Romania
until after the date on which the Secretary submits a NATO
prefinancing request for consideration of the military
construction project.

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 Authorizations
----------------------------------------------------------------------------------------------------------------
State                    Installation or Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
California.............................  Marine Corps Base, Camp     Operations Access Points,       $11,970,000
Pendelton.                  Red Beach...............
Marine Corps Air Station,   Emergency Response               $6,530,000
Miramar.                    Station.................
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..............................  Bridgeport.................  Mountain Warfare Training,     $6,830,000
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.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304 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:

[[Page H2926]]

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 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.......      $63,500,000
Guam...........................  Andersen Air Force         $128,000,000
Base.................
Italy.........................   Aviano Air Base......       $9,400,000
Worldwide, Unspecified........   Unspecified Worldwide      $34,657,000
Locations............
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

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 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.

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.

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
----------------------------------------------------------------------------------------------------------------
Location                  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.

(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.......................................  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
CONUS Classified...............................  Classified Location.........................        $59,577,000
Delaware.......................................  Dover Air Force Base........................         $2,000,000

[[Page H2927]]

Florida.......................................   Eglin Air Force Base.......................        $41,965,000
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.................................       $100,422,000
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......................................   Dam Neck...................................        $11,000,000
Joint Expeditionary Base Little Creek -             $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....................................       $157,900,000
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

[[Page H2928]]

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 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.--The Secretary of Defense shall not enter
into an award for a military construction project in Romania
until after the date on which the Secretary submits a NATO
prefinancing request for consideration of the military
construction project.

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.--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
``$850,000,000''.

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/Country                 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.

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.

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.

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.

[[Page H2929]]

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.

(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....................................      $27,200,000
Michigan....................................  Camp Grayling....................................      $17,000,000
Minnesota..................................   Camp Ripley.....................................      $17,000,000
St. Paul.........................................      $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....................................  Stomville........................................      $24,000,000
Ohio........................................  Chillcothe.......................................       $3,100,000
Delaware.........................................      $12,000,000
Oklahoma...................................   Camp Gruber.....................................      $25,000,000
Utah.......................................   Camp Williams...................................      $36,000,000
Vermont.....................................  North Hyde Park..................................       $4,397,000
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:

[[Page H2930]]

Army Reserve
----------------------------------------------------------------------------------------------------------------
Country                                         Location                          Amount
----------------------------------------------------------------------------------------------------------------
California...................................   Fort Hunter Liggett...........................      $78,300,000
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
Pennsylvania..................................  Conneant Lake..................................       $4,800,000
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
Tennessee.....................................  McGee-Tyson Airport............................      $18,000,000
Wyoming......................................   Cheyenne Municipal Airport....................       $6,486,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE 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 Air Force may acquire
real property and carry out military construction projects
for the Air Force Reserve locations inside the United States,
and in the amounts, set forth in the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State                                          Location                          Amount
----------------------------------------------------------------------------------------------------------------
California....................................  March Air Reserve Base.........................      $16,900,000
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

[[Page H2931]]

Army may instead 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 instead 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 instead 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 Kalealoa, 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 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.

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 Authorization
----------------------------------------------------------------------------------------------------------------
State                  Installation or Location               Project                  Amount
----------------------------------------------------------------------------------------------------------------
Mississippi...........................  Gulfport-Biloxi Airport.  Relocate Munitions Complex.......   $3,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2010 PROJECTS.

(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111 84; 123 Stat. 2627), the
authorizations set forth 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.

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

[[Page H2932]]

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
__(b) of the National Defense 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 of Defense.
``(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) Annual Reports.--
``(1) Annual accounting.--No later than 60 days after the
end of each fiscal year in which the Secretary carries out
activities under this part, the Secretary shall transmit a
report to the congressional defense committees containing an
accounting of--
``(A) the amount and nature of credits to, and expenditures
from, the Account during such fiscal year; and
``(B) the amount and nature of anticipated deposits to be
made into, and the anticipated expenditures to be made from,
the Account during the first fiscal year commencing after the
submission of the report.
``(2) Specific elements of report.--The report for a fiscal
year shall include the following:
``(A) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount and
installation, for each military department and Defense
Agency.
``(B) The fiscal year in which appropriations or transfers
for such expenditures were made and the fiscal year in which
funds were obligated for such expenditures.
``(C) An estimate of the net revenues to be received from
property disposals under this part or the 1988 BRAC law to be
completed during the first fiscal year commencing after the
submission of the report.
``(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) 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)''.
(3) Environmental restoration.--Chapter 160 of title 10,
United States Code, is amended--

[[Page H2933]]

(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 2905(g)(2), by striking ``Closure Account
1990'' and inserting ``Closure Account''.
(4) 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. AIR ARMAMENT CENTER, EGLIN AIR FORCE BASE.

The Secretary of the Air Force shall retain an Air Armament
Center at Eglin Air Force Base, Florida, in name and
function, 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 regarding such
military installation contained in the report transmitted by
the President to Congress in accordance with section 2914(e)
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),
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.

SEC. 2713. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.

Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round, and
none of the funds appropriated pursuant to the authorization
of appropriations contained in this Act may be used to
propose, plan for, or execute an additional BRAC round.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. PREPARATION OF MILITARY INSTALLATION MASTER PLANS.

(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. Military installation master plans

``(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 military installation under
the jurisdiction of the Secretary shall ensure 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.--
``(1) Cooperation with metropolitan planning
organizations.--The transportation component of an
installation master plan shall be developed and updated in
cooperation with the metropolitan planning organization
designated for the metropolitan planning area in which the
military installation is located.
``(2) Definitions.--In this subsection, 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.
``(3) Transit services.--The installation master plan for a
military installation shall also address operating costs for
transit service and travel demand measures on the
installation.''.

SEC. 2802. SUSTAINMENT OVERSIGHT AND ACCOUNTABILITY FOR
MILITARY HOUSING PRIVATIZATION PROJECTS AND
RELATED ANNUAL REPORTING REQUIREMENTS.

(a) Sustainment Oversight and Accountability for
Privatization Projects.--
(1) Oversight and accountability measures.--Subchapter IV
of chapter 169 of title 10, United States Code, is amended by
inserting after section 2885 the following new section:

``Sec.  2885a. Oversight and accountability for privatization
projects: sustainment

``(a) Oversight and Accountability Measures.--Each
Secretary concerned shall prescribe regulations to
effectively oversee and manage a military housing
privatization project carried out under this subchapter
during the sustainment phase of the project following
completion of the construction or renovation of the housing
units. The regulations shall include the following
requirements for each privatization project:
``(1) The financial health and performance of the military
housing privatization project, including the debt-coverage
ratio of the project and occupancy rates for the constructed
or renovated housing units.
``(2) A resident satisfaction assessment of the
privatization project.
``(3) An assessment of the backlog of maintenance and
repair.
``(b) Required Qualifications.--The Secretary concerned or
designated representative shall ensure that the project
owner, developer, or general contractor that is selected for
each military housing privatization initiative project has
sustainment experience commensurate with that required to
maintain the project.''.
(2) Conforming amendment.--Section 2885(a) of such title 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''.
(3) Clerical amendments.--
(A) Section heading.--The heading of section 2885 of such
title is amended to read as follows:

``Sec.  2885. Oversight and accountability for privatization
projects: construction''.

(B) Table of sections.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2885 and
inserting the following new items:
``2885. Oversight and accountability for privatization
projects: construction.
``2885a. Oversight and accountability for privatization
projects: sustainment.''.
(b) Annual Reporting Requirements.--Section 2884(b) of such
title is amended--
(1) by striking paragraphs (2), (3), (4), and (7);
(2) by redesignating paragraphs (5), (6), and (8) as
paragraphs (2), (3), and (4), respectively; and
(3) by adding at the end the following new paragraphs:
``(5) A trend analysis of the backlog of maintenance and
repair for each privatization project, including the total
cost of the operation, maintenance, and repair costs
associated with each project.
``(6) If the debt associated with a privatization project
exceeds net operating income or the occupancy rates for the
constructed or renovated housing units are below 75 percent
for any sustained period of more than one year, a report
regarding the plan to mitigate the financial risk of the
project.''.

SEC. 2803. ONE-YEAR EXTENSION OF AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.

Subsection (h) of 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(a)(2) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112 81;
125 Stat. 1685), is amended--
(1) in paragraph (1), by striking ``September 30, 2012''
and inserting ``September 30, 2013''; and
(2) in paragraph (2), by striking ``fiscal year 2013'' and
inserting ``fiscal year 2014''.

SEC. 2804. TREATMENT OF CERTAIN DEFENSE NUCLEAR FACILITY
CONSTRUCTION PROJECTS AS MILITARY CONSTRUCTION
PROJECTS.

(a) Findings.--Congress finds the following:
(1) According to a memorandum of agreement between the
Secretary of Defense and the Secretary of Energy dated May
2010 and a subsequent addendum to such memorandum, the
Secretary of Defense plans to transfer $8,300,000,000 of the
budgetary authority of the Department of Defense to the
Administrator for Nuclear Security of the National Nuclear
Security Administration between fiscal years 2011 and 2016 to
fund activities of the Administration that the Secretary
determines to be high priorities.
(2) Such funding has directly supported defense activities
at the National Nuclear Security Administration, including
design and construction activities for the Chemistry and
Metallurgy Research Building Replacement project and the
Uranium Processing Facility project specified in paragraphs
(2) and (3) of subsection (b).
(b) Covered Facilities.--This section applies to the
following construction projects of the National Nuclear
Security Administration:
(1) Any project to build a nuclear facility, initiated on
or after October 1, 2013, that is estimated to cost in excess
of $1,000,000,000 and is intended to be primarily utilized to
support the nuclear weapons activities of the National
Nuclear Security Administration.
(2) The Chemistry and Metallurgy Research Building
Replacement project, Los Alamos, New Mexico.
(3) The Uranium Processing Facility project, Oak Ridge,
Tennessee.
(c) Treatment as Military Construction Projects.--In the
case of the construction projects of the National Nuclear
Security Administration specified in subsection (b), the
projects are deemed to be military construction projects to
be carried out with respect to a military installation and
therefore subject to the following:
(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
with respect to the Defense Agencies.
(2) Annual Acts authorizing military construction projects
(and authorizing the appropriation of funds therefor) for a
fiscal year.
(d) Military Construction Authorization for Certain Defense
Nuclear Facility

[[Page H2934]]

Projects.--The Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations, and in the amounts, set forth in
the following table:

Defense Nuclear Facility Projects
----------------------------------------------------------------------------------------------------------------
State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
New Mexico....................................  Los Alamos.....................................   $3,500,000,000
Tennessee.....................................  Oak Ridge......................................   $4,200,000,000
----------------------------------------------------------------------------------------------------------------

(e) Regulation, Requirements, and Coordination.--For each
project specified in subsection (b)--
(1) the Administrator for Nuclear Security of the National
Nuclear Security Administration and the Secretary of Energy
shall retain authority to regulate design and construction
activities pursuant to the Atomic Energy Act and other
applicable laws;
(2) the Secretary of Defense shall coordinate with the
Administrator for Nuclear Security regarding requirements for
the facility; and
(3) the Administrator for Nuclear Security shall make
available to the Secretary of Defense the expertise of the
National Nuclear Security Administration to support design
and construction activities.
(f) Transfer of Facilities.--Upon completion of
construction of a project specified in subsection (b), the
Secretary of Defense shall negotiate with the Administrator
for Nuclear Security of the National Nuclear Security
Administration to transfer the constructed facility to the
authority of the Administrator for operations.
(g) Sense of Congress.--It is the sense of Congress that
during fiscal year 2014 and thereafter, the budgetary
authority provided by the Secretary of Defense to the
Administrator for Nuclear Security of the National Nuclear
Security Administration under the memorandum described in
subsection (a)(1) should be reduced by the amount needed to
fund the design and construction of the projects specified in
paragraphs (2) and (3) of subsection (b).
(h) Information Transfer and Legal Effect of Transfer.--Not
later than September 30, 2013, the Administrator for Nuclear
Security of the National Nuclear Security Administration
shall transfer to the Secretary of Defense all information in
the possession of the Administrator related to architectural
and engineering services and construction design for the
construction projects specified in subsection (b). All
environmental impact statements and legal rulings in effect
before that date related to the projects shall be considered
valid upon transfer of responsibility for the projects to the
Secretary of Defense under subsection (c).
(i) Effective Date.--This section shall apply to the
construction projects specified in subsection (b) effective
for fiscal year 2014 and fiscal years thereafter.

SEC. 2805. EXECUTION OF CHEMISTRY AND METALLURGY RESEARCH
BUILDING REPLACEMENT NUCLEAR FACILITY AND
LIMITATION ON ALTERNATIVE PLUTONIUM STRATEGY.

(a) Policy.--It is the policy of the United States to
create and sustain the capability to produce plutonium pits
for nuclear weapons, and to ensure sufficient plutonium pit
production capacity, to respond to technical challenges in
the existing nuclear weapons stockpile or geopolitical
developments.
(b) Sense of Congress.--It is the sense of Congress that--
(1) successful and timely construction of the Chemistry and
Metallurgy Research Building Replacement nuclear facility in
Los Alamos, New Mexico, is critical to achieving the policy
expressed in subsection (a) and that such facility should
achieve full operational capability by fiscal year 2024;
(2) prior-year funds for the Chemistry and Metallurgy
Research Building Replacement nuclear facility, up to
$160,000,000 being available, should be applied to continue
design and construction of this facility in fiscal year 2013;
and
(3) during fiscal year 2014 and thereafter, the budgetary
authority provided by the Secretary of Defense to the
Administrator for Nuclear Security of the National Nuclear
Security Administration under the memorandum of agreement
between the Secretary of Defense and the Secretary of Energy
dated May 2010 should be reduced by the amount needed to fund
the design and construction of the Chemistry and Metallurgy
Research Building Replacement nuclear facility under the
military construction authorities provided in section 2804.
(c) Future Budget Requests.--The Secretary of Defense, in
coordination with the Administrator for Nuclear Security of
the National Nuclear Security Administration, shall request
such funds in fiscal year 2014 and subsequent fiscal years
under the military construction authorities of section 2804
to ensure the Chemistry and Metallurgy Research Building
Replacement nuclear facility achieves full operational
capability by fiscal year 2024.
(d) 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 Chemistry and Metallurgy
Research Building Replacement nuclear facility by fiscal year
2024.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. AUTHORITY OF MILITARY MUSEUMS TO ACCEPT GIFTS AND
SERVICES AND TO ENTER INTO LEASES AND
COOPERATIVE AGREEMENTS.

(a) Museum Support Authority.--Chapter 155 of title 10,
United States Code, is amended by inserting after section
2608 the following new section:

``Sec.  2609. Military museum programs: acceptance of gifts
and other support

``(a) Acceptance of Services.--Notwithstanding section 1342
of title 31, the Secretary concerned may accept services from
a nonprofit entity to support a military museum program under
the jurisdiction of the Secretary.
``(b) Limitation on Use of Gift Funds.--A gift made for the
purpose of assisting in the development, operation,
maintenance, or management of, or for the acquisition of
collections for, a military museum program and deposited into
one of the general gift funds specified in section 2601(c) of
this title shall be available only for the military museum
program and the purpose for which the gift was made.
``(c) Solicitation of Gifts.--Under regulations prescribed
under this section, the Secretary concerned may solicit from
any person or public or private entity, for the use and
benefit of a military museum program, a gift of books,
manuscripts, works of art, historical artifacts, drawings,
plans, models, condemned or obsolete combat materiel, or
other personal property.
``(d) Leasing Authority.--(1) In accordance with section
2667 of this title, the Secretary concerned may lease real
and personal property of a military museum program to a
nonprofit entity for purposes related to the military museum
program.
``(2) A lease under this subsection may not include any
part of the collection of a military museum program.
``(e) Cooperative Agreements.--The Secretary concerned may
enter into a cooperative agreement with a nonprofit entity
for purposes related to support of a military museum program.
``(f) Employee Status.--For purposes of this section,
employees or personnel of a nonprofit entity may not be
considered to be employees of the United States.
``(g) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to implement this section. The
regulations shall apply uniformly throughout the Department
of Defense.
``(2) The regulations shall provide that solicitation of a
gift, acceptance of a gift (including a gift of services), or
use of a gift under this section may not occur if the nature
or circumstances of the solicitation, acceptance, or use
would compromise the integrity or the appearance of integrity
of any program of the Department of Defense or any individual
involved in such program.
``(h) Definitions.--In this section:
``(1) The term `military museum program' may include an
individual museum.
``(2) The term `nonprofit entity' means an exempt
organization under section 501(c)(3) of the Internal Revenue
Code of 1986 whose primary purpose is supporting a military
museum program.
``(3) The term `Secretary concerned' includes the Secretary
of Defense with respect to matters concerning the Defense
Agencies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2608 the following new item:
``2609. Military museum programs: acceptance of gifts and
other support.''.

SEC. 2812. 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. 2813. INDEMNIFICATION OF TRANSFEREES OF PROPERTY AT ANY
CLOSED MILITARY INSTALLATION.

Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 10 U.S.C. 2687 note) is
amended--
(1) in subsection (a)(1), by striking ``pursuant to a base
closure law'' and inserting ``after October 24, 1988, the
date of the enactment of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100 526; 10
U.S.C. 2687 note)''; and
(2) in subsection (f), by striking paragraph (3).

SEC. 2814. IDENTIFICATION REQUIREMENT FOR ENTRY ON MILITARY
INSTALLATIONS.

(a) Identification Requirement for Military
Installations.--
(1) Minimum identification required.--
(A) In general.--Beginning on the day that is 120 days
after the date of the enactment of

[[Page H2935]]

this Act, the Secretary concerned may not permit a person who
is 18 years old or older to enter a military installation in
the United States unless such person presents, as determined
by an authentication procedure that meets the minimum
procedural requirements identified by the Secretary of
Defense in paragraph (4), at a minimum--
(i) a valid Federal or State government issued photo
identification card;
(ii) a valid Common Access Card; or
(iii) a valid uniformed services identification card.
(B) Exception for certain foreign passports.--The Secretary
concerned may permit a person to enter a military
installation in the United States if such person presents a
valid foreign passport, as determined by an authentication
procedure that meets the minimum procedural requirements
identified by the Secretary of Defense in paragraph (4), if--
(i) such person is visiting such military installation on
official business between the Armed Forces and the armed
forces of a foreign country; or
(ii) such person is visiting a member of the uniformed
services or a civilian employee of the Department of Defense
on such military installation.
(2) Expired or fraudulent identification.--The Secretary
concerned shall confiscate any form of identification that
the Secretary determines, using an authentication procedure
that meets the minimum procedural requirements identified by
the Secretary of Defense in paragraph (4), to be expired or
fraudulent.
(3) Coordination among military installations of a state.--
The Secretary concerned shall keep a list and shall inform
the personnel at any other military installation in the State
of such military installation of the name of any person--
(A) who attempts to help a person required to present a
valid form of identification under paragraph (1) to enter a
military installation in the United States without such
required identification; or
(B) who attempts to enter a military installation military
installation in the United States with a form of
identification that the Secretary concerned determines to be
expired or fraudulent under paragraph (2).
(4) Procedural requirements for identification
verification.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall
identify the minimum procedural requirements for the
Secretary concerned to authenticate the forms of
identification in paragraph (1) for a person entering a
military installation in the United States. In identifying
such requirements, the Secretary of Defense shall identify
minimum procedural requirements to ensure that individuals
who need to enter a military installation in the United
States to perform work under a contract awarded by the
Department of Defense present a valid form of identification
under paragraph (1).
(b) Definitions.--
(1) Common access card.--In this section, the term ``Common
Access Card'' means the standard identification card issued
by the Secretary of Defense to active-duty military
personnel, Selected Reserve personnel, Department of Defense
civilian employees, and certain persons awarded contracts by
the Secretary of Defense.
(2) Secretary concerned.--In this section, the term
``Secretary concerned'' has the meaning given the term in
section 101(a) of title 10, United States Code.
(3) Uniformed services identification card.--In this
section, the term ``uniformed services identification card''
means the identification card issued by the Secretary of
Defense to spouses and other eligible dependents of members
of the uniformed services and other eligible persons, as
determined by the Secretary of Defense.

SEC. 2815. PLAN TO PROTECT CRITICAL DEPARTMENT OF DEFENSE
CRITICAL ASSETS FROM ELECTROMAGNETIC PULSE
WEAPONS.

(a) Plan Required.--Not later than September 1, 2013, the
Secretary of the Defense shall submit to the congressional
defense committees a plan to protect defense critical assets
under the jurisdiction of the Department of Defense, and
critical equipment at military installations, from the
adverse effects of electromagnetic pulse and high-powered
microwave weapons.
(b) Preparation and Elements of Plan.--In preparing the
plan required by subsection (a), the Secretary of Defense
shall utilize the guidance and recommendations of the
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack established by section 1401 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 345). The plan shall include the following
elements:
(1) An assessment of overall military installation
protection from electromagnetic pulse and high-powered
microwave weapons.
(2) A listing of defense critical assets.
(3) An assessment of the adequacy of each defense critical
asset, to include the backup power capabilities of the
defense critical asset, to withstand attack currently and a
description and a cost estimate for each project to improve,
repair, renovate, or modernize defense critical assets for
which any deficiency is identified in the assessment.
(4) A list of projects, costs, and timelines through the
future-years defense program to meet the requirements to
overcome deficiencies identified under paragraph (3) for all
defense critical assets.
(5) A list of civilian critical infrastructures upon which
a defense critical asset depends (electricity, water,
telecommunications, etc) that, if rendered inoperable by
electromagnetic pulse or high-powered microwave weapons,
would compromise the function of a defense critical asset.
(c) Form of Submission.--The plan required by subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
(d) Defense Critical Asset.--In this section, the term
``defense critical asset'' means an asset of such
extraordinary importance to operations in peace, crisis, and
war that its incapacitation or destruction would have a very
serious debilitating effect on the ability of the Department
of Defense to fulfill its missions.

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, Untied 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. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN
(LEED) GOLD OR PLATINUM CERTIFICATION AND
EXPANSION TO INCLUDE IMPLEMENTATION OF ASHRAE
BUILDING STANDARD 189.1.

Section 2830(b) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112 81;
125 Stat. 1695) is amended--
(1) in the subsection heading, by inserting after ``and
ASHRAE Implementation'' after ``Certification''; and
(2) in paragraph (1)--
(A) by striking ``authorized to be'';
(B) by striking ``by this Act'';
(C) by inserting ``or 2013'' after ``fiscal year 2012'';
and
(D) by inserting before the period at the end the
following: ``and implementing ASHRAE building standard
189.1''.

SEC. 2823. 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''.

Subtitle D--Provisions Related to Guam Realignment

SEC. 2831. USE OF OPERATION AND MAINTENANCE FUNDING TO
SUPPORT COMMUNITY ADJUSTMENTS RELATED TO
REALIGNMENT OF MILITARY INSTALLATIONS AND
RELOCATION OF MILITARY PERSONNEL ON GUAM.

(a) Temporary Assistance Authorized.--
(1) Assistance to government of guam.--Using funds made
available under subsection (c), the Secretary of Defense may
assist the Government of Guam in meeting the costs of
providing increased municipal services and facilities
required as a result of the realignment of military
installations and the relocation of military personnel on
Guam (in this section referred to as the ``Guam
realignment'') 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 Department of Defense assistance.
(2) Mitigation of identified impacts.--The Secretary of
Defense may take such actions as the Secretary considers to
be appropriate to mitigate the significant impacts identified
in the Record of Decision of the ``Guam and CNMI Military
Relocation Environmental Impact Statement'' by providing
increased municipal services and facilities to activities
that directly support the Guam realignment.
(b) Methods of Providing Assistance.--
(1) Use of existing programs.--The Secretary of Defense
shall carry out subsection (a) through existing Federal
programs supporting the Government of Guam and the Guam
realignment, whether or not the programs are administered by
the Department of Defense or another Federal agency.
(2) Cost share assistance.--The Secretary may assist the
Government of Guam to any cost-sharing obligation imposed on
the Government of Guam under any Federal program utilized by
the Secretary under paragraph (1).
(c) Source of Funds.--
(1) Transfer authority.--To the extent necessary to carry
out subsection (a), the Secretary may transfer appropriated
funds available to the Department of Defense or a military
department for operation and maintenance to a different
account of the Department of Defense or another Federal
agency in order to make funds available to the Government of
Guam under a Federal program utilized by the Secretary under
subsection (b)(1). Amounts so transferred shall be merged
with the appropriation to which transferred and shall be
available only for the purpose of assisting the Government of
Guam as described in subsection (a).
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to the transfer authority
provided by section 1001.
(d) Progress Reports Required.--The Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives semiannual reports
indicating the total amount expended under the authority of
this section during the preceding six-month period, the
specific projects for which assistance was provided during
such period, and

[[Page H2936]]

the total amount provided for each project during such
period.
(e) Termination.--The authority to provide assistance under
this section expires September 30, 2020. Amounts obligated on
or before that date may be expended after that date.

SEC. 2832. CERTIFICATION OF MILITARY READINESS NEED FOR
FIRING RANGE ON GUAM AS CONDITION ON
ESTABLISHMENT OF RANGE.

A firing range on Guam may not be established (including
any construction or lease of lands related to such
establishment) until the Secretary of Defense certifies to
the congressional defense committees that there is a national
security need for the firing range related to readiness of
the Armed Forces assigned to the United States Pacific
Command.

SEC. 2833. REPEAL OF CONDITIONS ON USE OF FUNDS FOR GUAM
REALIGNMENT.

Section 2207(a) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112 81;
125 Stat. 1668) is amended--
(1) in paragraph (2), by inserting ``and'' after the
semicolon;
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraph (5) as paragraph (3).

Subtitle E--Land Conveyances

SEC. 2841. MODIFICATION TO AUTHORIZED LAND CONVEYANCE AND
EXCHANGE, JOINT BASE ELMENDORF RICHARDSON,
ALASKA.

(a) Change in Officer Authorized to Carry Out
Conveyances.--Subsection (a) of section 2851 of the Military
Construction Authorization Act for Fiscal Year 2012 (division
B of Public Law 112 81; 125 Stat. 1697) is amended--
(1) in paragraph (1), by striking ``The Secretary of the
Air Force may, in consultation with the Secretary of the
Interior'' and inserting ``The Secretary of the Interior may,
in consultation with the Secretary of the Air Force''; and
(2) in paragraph (2)--
(A) by striking ``The Secretary of the Air Force may, in
consultation with the Secretary of the Interior, upon terms
mutually agreeable to the Secretary of the Air Force'' and
inserting ``The Secretary of the Interior may, in
consultation with the Secretary of the Air Force, upon terms
mutually agreeable to the Secretary of the Interior''; and
(B) by striking ``in consultation with the Secretary of the
Interior'' the second place it appears and inserting ``in
consultation with the Secretary of the Air Force''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)(3), by inserting ``of the Interior''
after ``Secretary'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``The Secretary of the Air Force'' and
inserting ``The Secretary of the Interior'';
(ii) by striking ``the Secretary'' the first place it
appears and inserting ``the Secretary of the Interior and the
Secretary of the Air Force''; and
(iii) by striking ``the Secretary'' in each other place it
appears and inserting ``the Secretaries''; and
(B) in paragraph (2), by striking ``the Secretary'' and
inserting ``the Secretaries''; and
(3) in subsections (e) and (f), by inserting ``of the
Interior'' after ``Secretary''.
(c) Technical Amendment.--Subsection (a)(1) of such section
is further amended by striking ``JBER'' and inserting ``Joint
Base Elmendorf Richardson, Alaska (in this section referred
to as `JBER'),''.

SEC. 2842. MODIFICATION OF FINANCING AUTHORITY, BROADWAY
COMPLEX OF THE DEPARTMENT OF THE NAVY, SAN
DIEGO, CALIFORNIA.

Subsection (a) of section 2732 of the Military Construction
Authorization Act, 1987 (division B of Public 99 661; 100
Stat. 4046) is amended to read as follows:
``(a) In General.--(1) Subject to subsections (b) through
(g), the Secretary of the Navy may enter into long-term
leases of real property located within the Broadway Complex
of the Department of the Navy, San Diego, California.
``(2) Subject to subsections (b) through (g), the Secretary
may assist any lessee of real property described in paragraph
(1) in financing the construction by the lessee of any
facility on such real property or otherwise within the
boundaries of the metropolitan San Diego, California,
area.''.

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) 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.
(d) 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 (c) 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.
(e) 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.
(f) 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 and related 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.''.

[[Page H2937]]

SEC. 2846. TRANSFER OF ADMINISTRATIVE JURISDICTION, FORT LEE
MILITARY RESERVATION AND PETERSBURG NATIONAL
BATTLEFIELD, VIRGINIA.

(a) Transfer of Administrative Jurisdiction From Secretary
of the Army.--The Secretary of the Army shall transfer to the
Secretary of the Interior, without reimbursement,
administrative jurisdiction over a parcel of land at Fort Lee
Military Reservation consisting of approximately 1.171 acres
and depicted as ``Area to be transferred to Petersburg
National Battlefield'' on the map titled ``Petersburg
National Battlefield Proposed Transfer of Administrative
Jurisdiction'', numbered 325/80,801A, and dated May 2011. The
Secretary of the Interior shall include the land transferred
under this subsection within the boundary of Petersburg
National Battlefield and administer the land as part of the
park in accordance with laws and regulations applicable to
the park.
(b) Transfer of Administrative Jurisdiction to Secretary of
the Army.--The Secretary of the Interior shall transfer to
the Secretary of the Army, without reimbursement,
administrative jurisdiction over a parcel of land consisting
of approximately 1.170 acres and depicted as ``Area to be
transferred to Fort Lee Military Reservation'' on the map
referred to in subsection (a).
(c) Availability of Map.--The map referred to in subsection
(a) shall be available for public inspection in the
appropriate offices of the National Park Service.

Subtitle F--Other Matters

SEC. 2861. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF MILITARY
MEMORIALS.

(a) Authority.--Chapter 21 of title 36, United States Code,
is amended by adding at the end the following new section:

``Sec.  2115. Inclusion of religious symbols as part of
military memorials

``(a) Inclusion of Religious Symbols Authorized.--To
recognize the religious background of members of the United
States Armed Forces, religious symbols may be included as
part of--
``(1) a military memorial that is established or acquired
by the United States Government; or
``(2) a military memorial that is not established by the
United States Government, but for which the American Battle
Monuments Commission cooperated in the establishment of the
memorial.
``(b) Military Memorial Defined.--In this section, the term
`military memorial' means a memorial or monument
commemorating the service of the United States Armed Forces.
The term includes works of architecture and art described in
section 2105(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2115. Inclusion of religious symbols as part of military
memorials.''.

SEC. 2862. 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) 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) Section 2611(a)(2)(C) of such title is amended by
striking ``The Center for Hemispheric Defense Studies.'' and
inserting ``The 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. 2863. 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 be paid
for with private funds, 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, so long as the Secretary of the Navy has
exclusive authority to approve the design and site of the
memorial.

SEC. 2864. GOLD STAR MOTHERS NATIONAL MONUMENT, ARLINGTON
NATIONAL CEMETERY.

(a) Establishment.--The Secretary of the Army shall permit
the Gold Star Mothers National Monument Foundation (a
nonprofit corporation established under the laws of the
District of Columbia) to establish an appropriate monument in
Arlington National Cemetery or on Federal land in its
environs under the jurisdiction of the Department of the Army
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 monument shall be known as the ``Gold Star Mothers
National Monument''.
(b) Payment of Expenses.--The Gold Star Mothers National
Monument Foundation shall be solely responsible for
acceptance of contributions for, and payment of the expenses
of, the establishment of the monument, and no Federal funds
may be used to pay such expenses.

SEC. 2865. NAMING OF TRAINING AND SUPPORT COMPLEX, FORT
BRAGG, NORTH CAROLINA.

(a) Naming.--The complex located on Fort Bragg, North
Carolina, currently referred to as ``Patriot Point'', shall
be known and designated as the ``Colonel Robert Howard
Training and Support Complex''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
complex referred to in subsection (a) shall be deemed to be a
reference to the ``Colonel Robert Howard Training and Support
Complex''.

SEC. 2866. NAMING OF ELECTROCHEMISTRY ENGINEERING FACILITY,
NAVAL SUPPORT ACTIVITY CRANE, CRANE, INDIANA.

(a) Naming.--The electrochemistry engineering facility on
Naval Support Activity Crane, Crane, Indiana, shall be known
and designated as the ``John Hostettler Electrochemistry
Engineering Facility''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``John Hostettler Electrochemistry
Engineering Facility''.

SEC. 2867. RETENTION OF CORE FUNCTIONS OF THE ELECTRONIC
SYSTEMS CENTER AT HANSCOM AIR FORCE BASE,
MASSACHUSETTS.

The Secretary of the Air Force shall 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.

SEC. 2868. RETENTION OF CORE FUNCTIONS OF THE AIR FORCE
MATERIEL COMMAND, WRIGHT-PATTERSON AIR FORCE
BASE, OHIO.

The Secretary of the Air Force shall 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.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Outside the United States.--The Secretary of the Navy
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:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
SW Asia........................................  SW Asia........................................     $51,348,000
Djibouti.......................................  Camp Lemonier..................................     $99,420,000
----------------------------------------------------------------------------------------------------------------

[[Page H2938]]

(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2012, for military construction projects
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.

(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-905, Remote-Handled Low-Level Waste Disposal
Project, Idaho National Laboratory, $8,890,000.
Project 13-D-904, Kesselring Site Radiological Work and
Storage Building, Kesselring Site, West Milton, New York,
$2,000,000.
Project 13-D-903, Kesselring Site Prototype Staff Building,
Kesselring Site, West Milton, New York, $14,000,000.

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.

SEC. 3104. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2013 for energy security
and assurance programs necessary for national security 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.--The National Nuclear Security
Administration Act (50 U.S.C. 2401 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) Beginning
180 days after the date of the enactment of this section, the
total number of employees of the Office of the Administrator
of the Administration may not exceed 1,730.
``(2) Beginning October 1, 2014, the total number of
employees of the Office of the Administrator may not exceed
1,630.
``(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.
``(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) Work Placement Program.--The Administrator shall
establish a work placement program to assist employees of the
Administration who are separated from service pursuant to
this section find new employment.''.
(2) Clerical amendment.--The table of contents at the
beginning of the National Nuclear Security Administration 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.--Section 3241 of the
National Nuclear Security Administration Act (50 U.S.C. 2441)
is amended by striking ``300'' and inserting ``450''.
(c) Reports.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees a
report--
(A) describing the criteria and processes used to implement
the personnel levels required by section 3241A of the
National Nuclear Security Administration Act, as added by
subsection (a);
(B) detailing the realized and expected cost savings within
the Office of the Administrator and the nuclear security
enterprise resulting from such personnel reductions and the
transition to performance-based governance, management, and
oversight pursuant to section 3265 of such Act, as added by
section 3113;
(C) describing any impacts such personnel reductions have
had or will have on the ability of the Administration to
perform the mission of the Administration safely, securely,
effectively, and efficiently;
(D) assessing various levels of further personnel
reductions, including reductions of 10 percent, 15 percent,
and 50 percent, on the ability of the Administration to
perform the mission of the Administration safely, securely,
effectively, and efficiently;
(E) recommending any further efficiencies and personnel
reductions that should be made as a result of such transition
pursuant to such section 3265, including an implementation
plan and schedule for achieving such efficiencies and
reductions; and
(F) assessing the salary and wage structure of the Office
of the Administrator and the management and operating
contractors of the nuclear security enterprise, as well as
the status and effectiveness of contractor assurance systems
across the nuclear security enterprise.
(2) Assessment.--Not later than 180 days after the date on
which the report under paragraph (1) is submitted, the
Comptroller General of the United States shall submit to the
congressional defense committees an assessment of such
report.

SEC. 3112. BUDGET JUSTIFICATION MATERIALS.

Section 3251(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2451) 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. CONTRACTOR GOVERNANCE, OVERSIGHT, AND
ACCOUNTABILITY.

(a) Oversight of Contractors.--
(1) In general.--The National Nuclear Security
Administration Act (50 U.S.C. 2401 et seq.) is amended by
adding after section 3264 the following new section:

``SEC. 3265. CONTRACTOR GOVERNANCE, OVERSIGHT, AND
ACCOUNTABILITY.

``(a) Performance-based Contractor Governance, Management,
and Oversight.--(1) The Administrator shall establish a
system of governance, management, and oversight of covered
contractors.
``(2) The system established under paragraph (1) shall--
``(A) include clear, consistent, and auditable performance-
based standards relating to the mission effectiveness and
operations of a covered contractor;
``(B) ensure that the governance, management, and oversight
of the mission effectiveness and operations of a covered
contractor is conducted pursuant to national and
international standards and best practices;
``(C) recognize the respective roles of--
``(i) the Federal Government in determining the
performance-based standards with respect to high-level
mission and operations performance objectives; and
``(ii) a covered contractor, particularly a contractor that
is a federally funded research and development corporation,
in determining how to accomplish such objectives;
``(D) conduct oversight based on outcomes and performance-
based standards rather than detailed, transaction-based
oversight; and
``(E) include appropriate measures to ensure that the
Administrator has accurate and consistent data and
information to manage and make decisions with respect to the
nuclear security enterprise.
``(3)(A) The Administrator may exempt individual areas of
governance, management, and oversight from the requirements
of the system established under paragraph (1) and continue to
conduct transaction-based oversight if the Administrator
determines that such exemption is necessary to ensure the
national security or the safety, security, or performance of
the Administration.
``(B) If the Administrator makes an exemption under
subparagraph (A), the Administrator shall annually submit to
the congressional defense committees a certification for each
such exemption, including a description of why such exemption
is needed.
``(C) During the three-year period beginning on the date of
the enactment of this section, the Administrator may
temporarily exempt individual facilities or contractors from
the system established under paragraph (1) and continue to
conduct transaction-based oversight if the Administrator
determines that such exemption is needed to ensure that
robust contractor assurance, accountability, and performance-
based oversight mechanisms are in place for such facility or
contractor.
``(D) If the Administrator makes an exemption under
subparagraph (C), the Administrator shall annually submit to
the congressional defense committees a written justification
for such exemption and a plan and schedule to transition the
exempted facility or contractor to the system established
under paragraph (1).

[[Page H2939]]

``(b) Contractor Accountability.--The Administrator shall--
``(1) ensure that each management and operating contract
includes robust mechanisms to ensure the accountability of a
covered contractor; and
``(2) exercise such mechanisms as the Administrator
determines appropriate to ensure the performance of the
covered contractor.
``(c) Definitions.--In this section:
``(1) The term `covered contractor' means a contractor who
enters into a management and operating contract.
``(2) The term `management and operating contract' means a
contract entered into by the Administrator and a contractor
to manage and operate a Government-owned, contractor-operated
facility.
``(3) The term `performance-based standards', with respect
to a covered contract, means that the contract includes the
use of performance work statements that set forth contract
requirements in clear, specific, and objective terms with
measurable outcomes.''.
(2) Clerical amendment.--The table of contents at the
beginning of the National Nuclear Security Administration Act
is amended by inserting after the item relating to section
3264 the following new item:
``Sec. 3265. Contractor governance, oversight, and accountability.''.

(b) Reports.--Not later than January 15, 2013, and each
year thereafter through 2016, the Administrator shall submit
to the congressional defense committees a report that
includes--
(1) a description of each instance during the previous
calendar year in which the Administrator, or any other head
of an agency of the Federal Government, used a procedure,
standard, or process for governance, management, and
oversight of a covered contract (as defined in section
3265(d)(1) of the National Nuclear Security Administration
Act, as added by subsection (a)(1)) that is not a procedure,
standard, or process that conforms to national or
international standards or industry best practices;
(2) an explanation of why such procedure, standard, or
process was used during such year and any steps that will be
taken by the Administrator or other head of an agency, as the
case may be, in future years to instead use a procedure,
standard, or process that conforms to national or
international standards or industry best practices; and
(3) a description of any oversight activities by any agency
of the Federal Government that occurred during the previous
calendar year that the Administrator considers duplicative or
unnecessary.

SEC. 3114. 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 scientific and
technical issues relating to policy matters, operational
concerns, strategic planning, and the development of
priorities relating to the mission and operations of the
Administration and the nuclear security enterprise.
``(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 the Atomic Energy Defense 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. 3115. SAFETY, HEALTH, AND SECURITY OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.

(a) Security of Assets and Information.--
(1) In general.--Section 3231 of the National Nuclear
Security Administration Act (50 U.S.C. 2421) is amended to
read as follows:

``SEC. 3231. PROTECTION OF SPECIAL NUCLEAR MATERIAL AND
NATIONAL SECURITY INFORMATION.

``(a) Policies and Procedures Required.--The Administrator
shall establish policies and procedures to ensure the
protection of--
``(1) special nuclear material and other sensitive physical
assets of the Administration; and
``(2) classified information in the possession of the
Administration.
``(b) Prompt Reporting.--The Administrator shall establish
procedures to ensure prompt reporting to the Administrator of
any significant problem, abuse, violation of law or Executive
order, or deficiency relating to the--
``(1) protection of the special nuclear material and other
sensitive physical assets of the Administration; and
``(2) management of classified information by personnel of
the Administration.''.
(2) Clerical amendment.--The table of contents at the
beginning of the National Nuclear Security Administration Act
is amended by striking the item relating to section 3231 and
inserting the following new item:
``Sec. 3231. Protection of special nuclear material and national
security information.''.

(b) Health and Safety.--
(1) In general.--Section 3261 of the National Nuclear
Security Administration Act (50 U.S.C. 2461) is amended--
(A) in subsection (a), by striking ``The Administrator''
and inserting ``In accordance with subsections (c) and (d),
the Administrator'';
(B) by striking subsection (c);
(C) by adding at the end the following new subsection:
``(c) Non-nuclear Health and Safety.--(1) In carrying out
this section with respect to non-nuclear operations, the
Administrator shall ensure that the Administration complies
with all applicable occupational safety and health standards
promulgated under the Occupational Safety and Health Act of
1970 (29 U.S.C. 655) that are administered by the Secretary
of Labor.
``(2) With respect to complying with the occupational
safety and health standards under paragraph (1), and
conducting oversight of such occupational safety and health
standards, the Administrator shall ensure that such complying
and oversight by the Administration is conducted--
``(A) in accordance with best industry and Government
practices for meeting such standards; and
``(B) in accordance with the performance-based system of
governance, management, and oversight established under
section 3265, notwithstanding the exemption authority under
subsection (a)(3) of such section.
``(3) Except as provided by paragraph (4), the
Administrator may not establish or prescribe any order, rule,
or regulation regarding occupational safety and health unless
such order, rule, or regulation is pursuant to an
occupational safety and health standard described in
paragraph (1).
``(4)(A) In carrying out paragraph (3)--
``(i) the Administrator may waive the requirement under
such paragraph for any type of high hazard operations if the
Administrator determines that such waiver is necessary to
ensure safety; and
``(ii) the Administrator shall waive such requirements for
operations involving beryllium.
``(B) The Administrator shall submit an annual
certification to the congressional defense committees
regarding why any such waivers made under subparagraph (A)
are required to ensure safety.''; and
(D) by adding after subsection (c), as added by
subparagraph (C), the following new subsection:
``(d) Nuclear Health and Safety.--(1) In carrying out this
section with respect to nuclear operations, the Administrator
shall prescribe appropriate policies and regulations to
ensure that risks to the health and safety of the employees
of the Administration, contractors of the Administration, and
the general public from such nuclear operations are as low as
reasonably practicable and that adequate protection is
provided.
``(2) With respect to prescribing and complying with the
policies and regulations under paragraph (1), and conducting
oversight of such policies and regulations by the
Administration, the Administrator shall ensure that such
prescribing, complying, and oversight is conducted in
accordance with the performance-based system of governance,
management, and oversight established under section 3265,
notwithstanding the exemption authority under subsection
(a)(3) of such section.''.
(2) Nuclear health and safety effective date.--The
amendment made by paragraph (1)(D) shall take effect October
1, 2013.
(c) Report on Authority for Nuclear Safety.--Not later than
March 1, 2013, the Administrator shall submit to the
congressional defense committees a report that includes--
(1) an implementation plan describing the actions needed to
fully transition the policy, regulatory, and oversight
authority for the nuclear safety of the nuclear security
enterprise from the Department of Energy to the
Administration; and
(2) a description of the costs and benefits of such a
transition.

SEC. 3116. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS.

(a) Prototypes.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended by inserting after section 4508 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 plants 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 the Atomic Energy Defense 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.''.

[[Page H2940]]

SEC. 3117. IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND
OPERATIONS OF THE DEPARTMENT OF ENERGY AND
NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) 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, in coordination with the
Secretary of Defense and other officials, as the Secretary of
Energy and the Administrator consider appropriate, shall
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 of Energy and the Administrator
for Nuclear Security shall--
(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 management and operating contractors of a
Government-owned, contractor-operated facility of the
Department or Administration and hold such contractors
accountable for maintaining appropriate portfolios with
respect to such agreements;
(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; and
(6) 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 120 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 regulations, rules, directives,
orders, and policies improved and streamlined pursuant to
subsection (a).
(2) Appropriate 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. 3118. COST-BENEFIT ANALYSES FOR COMPETITION OF
MANAGEMENT AND OPERATING CONTRACTS.

(a) Limitation.--The Administrator for Nuclear Security may
not release a final request for proposal for competition of
any contract to manage and operate a facility of the National
Nuclear Security Administration until the date on which the
Administrator submits to the congressional defense committees
a report described in subsection (b).
(b) Report Described.--A report described in this
subsection is a report on a request for proposal for
competition described in subsection (a) that includes--
(1) the expected cost savings resulting from the
competition over the life of the contract;
(2) the costs of the competition, including 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; and
(B) any benefits of the proposed competition to mission
performance or operations;
(4) how the competition complies 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 limitation in subsection (a) shall
apply with respect to a request for proposal described by
such subsection that is released by the Administrator for
Nuclear Security during fiscal years 2012 through 2017.
(2) Fiscal year 2012 rfps.--For each request for proposal
described by subsection (a) that is released by the
Administrator during fiscal year 2012 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. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR INERTIAL
CONFINEMENT FUSION IGNITION AND HIGH YIELD
CAMPAIGN.

(a) Limitation.--Except as provided in subsection (b), of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 for fusion
ignition under the Inertial Confinement Fusion Ignition and
High Yield Campaign, not more than 50 percent may be
obligated or expended until the date on which--
(1) the Administrator for Nuclear Security certifies to the
congressional defense committees that fusion ignition has
been achieved at the National Ignition Facility at Lawrence
Livermore National Laboratory; or
(2) the Administrator submits to such committees a detailed
report on fusion ignition, including--
(A) a thorough description of the remaining technical
challenges and gaps in understanding with respect to such
ignition;
(B) a plan and schedule for reevaluating the ignition
program and incorporating experimental data into computer
models;
(C) the best judgment of the Administrator with respect to
whether ignition can be achieved at the National Ignition
Facility, as designed on the date of the report; and
(D) if funding being spent on ignition research as of the
date of the report were applied to life extension programs--
(i) a description of such programs that could be
accelerated or otherwise improved; and
(ii) how such funding changes would affect the stockpile
stewardship program.
(b) Exception.--The limitation in subsection (a) shall not
apply to the Z machine at Sandia National Laboratories or the
Omega laser system at the University of Rochester.

SEC. 3120. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL
SECURITY THROUGH SCIENCE PARTNERSHIPS PROGRAM.

(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 $8,000,000 may be obligated or expended for the Global
Security through Science Partnerships Program, formerly known
as the Global Initiatives for Proliferation Prevention
Program, until the date on which the Secretary of Energy
submits to the appropriate congressional committees the
report under subsection (b).
(b) Report.--The Secretary of Energy shall submit to the
appropriate congressional committees a report with a plan to
complete the Global Security through Science Partnerships
Program by the end of calendar year 2015.
(c) Form.--The report under subsection (b) 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. 3121. 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 non-proliferation 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. 3122. 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'';
(B) in paragraph (4), by striking ``2012'' each place it
appears and inserting ``2014''; and
(C) 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

[[Page H2941]]

(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''.

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 the 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 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), by striking ``Assistant Secretary of
Energy for Defense Programs'' and inserting
``Administrator'';
(C) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator'';
(D) by striking ``nuclear weapons laboratory'' each place
it appears and inserting ``national security laboratory'';
(E) by striking ``production plant'' each place it appears
and inserting ``production facility''; and
(F) 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 subsections (b) and (d); and
(B) 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 the
following new item:
``Sec. 4214. Plan for transformation of national nuclear security
administration nuclear weapons complex.''.

(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 shall
establish a tritium production program that is capable of
meeting the tritium requirements of the United States for
nuclear weapons. In carrying out the tritium production
program, the Secretary shall assess alternative means for
tritium production, including production through--
``(1) types of new and existing reactors, including
multipurpose reactors (such as advanced light water reactors
and gas turbine gas-cooled reactors) capable of meeting both
the tritium production requirements and the plutonium
disposition requirements of the United States for nuclear
weapons;
``(2) an accelerator; and
``(3) multipurpose reactor projects carried out by the
private sector and the Government.
``(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''; and
(2) by striking subsection (b).
(j) Restricted Data.--Section 4501 of the Atomic Energy
Defense Act (50 U.S.C. 2651(a)) is amended by striking
subsection (c).
(k) Foreign Visitors.--Section 4502 of the Atomic Energy
Defense Act (50 U.S.C. 2652) is amended--
(1) by striking ``national laboratory'' each place it
appears and inserting ``national security laboratory''; and
(2) in subsection (g), by striking paragraphs (3) and (4).
(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) Security Functions Report.--Section 4506 of the Atomic
Energy Defense Act (50 U.S.C. 2657) is amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsection (b).
(n) Counterintelligence Report.--Section 4507 of the Atomic
Energy Defense Act (50 U.S.C. 2658) is amended--
(1) by striking ``national laboratories'' each place it
appears and inserting ``national security laboratories''; and
(2) by striking subsection (c).
(o) Computer Security Report.--Section 4508 of the Atomic
Energy Defense Act (50 U.S.C. 2659)--
(1) in subsection (a), by striking ``national
laboratories'' and inserting ``national security
laboratories''; and
(2) by striking subsections (e) and (f).
(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 of Energy 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--

[[Page H2942]]

(A) in the heading, by striking ``department of energy
nuclear weapons complex'' and inserting ``nuclear security
enterprise'';
(B) 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 weapon
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
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.--The Atomic Energy Defense Act
(50 U.S.C. 2501 et seq.) is amended as follows:
(1) By striking ``Nevada Test Site'' each place it appears
and inserting ``Nevada National Security Site''.
(2) By striking ``Director of Central Intelligence'' each
place it appears and inserting ``Director of National
Intelligence''.

SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT.

(a) Nuclear Security Enterprise Reference.--
(1) Future-years nuclear security program.--Section 3253 of
the National Nuclear Security Administration Act (50 U.S.C.
2453) 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) 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) New transfers.--
(A) In general.--Section 3291 of the National Nuclear
Security Administration Act (50 U.S.C. 2481) is amended to
read as follows:

``SEC. 3291. TRANSFER OF FUNCTIONS.

``(a) Authority to Transfer Functions.--The Secretary of
Energy may transfer to the Administrator any facility,
mission, or function of the Department of Energy that the
Secretary, in consultation with the Administrator and
Congress, determines to be consistent with the mission of the
Administration.
``(b) Environmental Remediation and Waste Management
Activities.--In the case of any environmental remediation and
waste management activity of any element of the
Administration, the Secretary of Energy may determine to
transfer responsibility for that activity to another element
of the Department of Energy.
``(c) 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.
``(d) 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.''.
(B) Clerical amendment.--The table of contents at the
beginning of the National Nuclear Security Administration Act
is amended by striking the item relating to section 3291 and
inserting the following new item:
``Sec. 3291. Transfer of Functions.''.

(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 functions 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 item 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), 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. CLARIFICATION OF THE ROLE OF THE ADMINISTRATOR FOR
NUCLEAR SECURITY.

(a) Role Under NNSA Act.--
(1) Function.--Section 3212 of the National Nuclear
Security Administration Act (50 U.S.C. 2402(b)) is amended--
(A) in subsection (b), by striking ``all programs and
activities of the Administration'' and inserting ``all
programs, policies, regulations, and rules of the
Administration''; and
(B) in subsection (d), by striking ``, unless disapproved
by the Secretary of Energy.'' and inserting ``to carry out
the mission and functions of the Administration, except as
provided by section 3219.''.
(2) Role of the secretary of energy.--
(A) In general.--Section 3219 of the National Nuclear
Security Administration Act (50 U.S.C. 2409) is amended to
read as follows:

``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY
REGARDING THE ADMINISTRATION.

``(a) In General.--(1) The Secretary of Energy may
disapprove any action, policy, regulation, or rule of the
Administrator if--
``(A) the Secretary submits to the congressional defense
committees justification for such disapproval; and
``(B) a period of 15 days has elapsed following the date on
which such justification was submitted.
``(2) Nothing in this title may be construed to provide
authority to the Secretary of Energy to administer, enforce,
or oversee the activities under this title except--
``(A) as provided by paragraph (1); or

[[Page H2943]]

``(B) to the extent otherwise specifically provided by law.
``(3) Except as provided by this section, the Administrator
shall have complete authority to establish and conduct
oversight of policies, activities, and procedures of the
Administration without direction or oversight by the
Secretary of Energy.
``(4) The authority of the Secretary under paragraph (1)
may be delegated only to the Deputy Secretary of Energy,
without further redelegation.
``(b) Limitation on Transfer.--Notwithstanding the
authority granted by section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) or any other provision of
law, the Secretary of Energy may not establish, abolish,
alter, consolidate, or discontinue any organizational unit or
component, or transfer any function, of the Administration,
except as authorized by section 3291.''.
(B) Clerical amendment.--The table of contents at the
beginning of the National Nuclear Security Administration Act
is amended by striking the item relating to section 3219 and
inserting the following new item:
``Sec. 3219. Scope of Authority of Secretary of Energy regarding the
Administration.''.
(C) Department of energy organization act.--Section
202(c)(3) of the Department of Energy Organization Act (42
U.S.C. 7132(c)(3)) is amended to read as follows:
``(3) The Under Secretary for Nuclear Security shall serve
as the Administrator for Nuclear Security under section 3212
of the National Nuclear Security Administration Act (50
U.S.C. 2402). In carrying out the functions of the
Administrator, the Under Secretary shall be subject to the
authority of the Secretary of Energy in accordance with
section 3219 of such Act (50 U.S.C. 2409).''.
(3) Status of administration and contractor personnel.--
Section 3220 of the National Nuclear Security Administration
Act (50 U.S.C. 2410) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--

(I) by striking subparagraph (A); and
(II) by redesignating subparagraph (B) and (C) as
subparagraph (A) and (B), respectively;

(ii) in paragraph (2), by striking ``any other officer,
employee, or agent of the Department of Energy'' and
inserting ``any officer, employee, or agent of the Department
of Energy, except as provided by section 3219''; and
(B) in subsection (b), by striking ``except for'' and all
that follows through the period and inserting ``except as
provided by section 3219.''.
(4) Office of defense nuclear security.--Section 3232 of
the National Nuclear Security Administration Act (50 U.S.C.
2422) is amended to read as follows:

``SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.

``(a) Establishment.--There is within the Administration an
Office of Defense Nuclear Security, headed by a Chief
appointed by the Administrator.
``(b) Chief of Defense Nuclear Security.--(1) The head of
the Office of Defense Nuclear Security is the Chief of
Defense Nuclear Security, who shall report to the
Administrator and shall implement the security policies
directed by the Administrator.
``(2) The Chief shall be responsible for the development
and implementation of security programs and policies for the
Administration, including the protection, control, and
accounting of materials, and for the physical and cyber
security for all facilities of the Administration.''.
(5) Counterintelligence programs.--Section 3233 of the
National Nuclear Security Administration Act (50 U.S.C. 2423)
is amended in each of subsections (a) and (b) by striking
``The Secretary of Energy shall'' and inserting ``The
Secretary of Energy, in coordination with the Administrator,
shall''.
(6) Budget treatment.--Section 3251(a) of the National
Nuclear Security Administration Act (50 U.S.C. 2451(a)) is
amended by striking ``within the other amounts requested for
the Department of Energy'' and inserting ``from the amounts
requested for any other agency, including the Department of
Energy''.
(7) Future-years nuclear security program.--Section
3253(b)(6) of the National Nuclear Security Administration
Act (50 U.S.C. 2453(b)(6)) is amended by striking ``,
developed in consultation with the Director of the Office of
Health, Safety, and Security of the Department of Energy,''.
(b) Role Under the AEDA.--
(1) Stockpile stewardship.--Section 4201(a) of the Atomic
Energy Defense Act (50 U.S.C. 2521(a)) is amended by striking
``The Secretary of Energy, acting through the Administrator
for Nuclear Security,'' and inserting ``The Administrator''.
(2) Report on stockpile stewardship.--Section 4202 of the
Atomic Energy Defense Act (50 U.S.C. 2522) is amended--
(A) in subsection (a)--
(i) by striking ``The Secretary of Energy'' and inserting
``The Administrator''; and
(ii) by striking ``Department of Energy'' and inserting
``Administration''; and
(B) in subsection (b), by striking ``The Secretary of
Energy'' and inserting ``The Administrator''.
(3) Stockpile management.--Section 4204 of the Atomic
Energy Defense Act (50 U.S.C. 2524) is amended--
(A) in subsection (a), by striking ``The Secretary of
Energy, acting through the Administrator for Nuclear Security
and'' and inserting ``The Administrator,''; and
(B) in subsection (b), by striking ``Secretary of Energy''
and inserting ``Administrator''
(4) Annual assessments.--Section 4205(h) of the Atomic
Energy Defense Act (50 U.S.C. 2525(h)) is amended to read as
follows:
``(h) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' means--
``(1) the Secretary of Energy, with respect to matters
concerning the Administration; and
``(2) the Secretary of Defense, with respect to matters
concerning the Department of Defense.''.
(5) Nuclear test ban readiness program.--Section 4207 of
the Atomic Energy Defense Act (50 U.S.C. 2527) is amended--
(A) in subsection (b), by striking ``Secretary of Energy''
and inserting ``Administrator''; and
(B) in subsection (d), by striking ``Secretary of Energy''
and inserting ``Administrator''.
(6) Specific request requirement.--Section 4209 of the
Atomic Energy Defense Act (50 U.S.C. 2529) is amended--
(A) in subsection (a)(1)--
(i) by striking `` after fiscal year 2002 in which the
Secretary of Energy'' and inserting ``in which the
Administrator''; and
(ii) by striking ``the Secretary shall'' and inserting
``the Administrator shall''; and
(B) in subsection (b), by striking ``Secretary shall'' and
inserting ``Administrator shall''.
(7) Manufacturing infrastructure.--Section 4212(a)(1) of
the Atomic Energy Defense Act (50 U.S.C. 2532(a)(1)) is
amended by striking ``Secretary of Energy'' and inserting
``Administrator''.
(8) Plan for transformation.--Section 4214 of the Atomic
Energy Defense Act (50 U.S.C. 2534), as amended by section
3131(g)(1), is amended by striking ``Secretary of Energy''
each place it appears and inserting ``Administrator''.
(9) Nuclear materials protection, control, and
accounting.--Section 4303(a) of the Atomic Energy Defense Act
(50 U.S.C. 2563(a)) is amended--
(A) by striking ``Secretary of Energy'' and inserting
``Administrator''; and
(B) by striking ``Department of Energy'' and inserting
``Administration''.
(10) Tritium production program.--Section 4231 of the
Atomic Energy Defense Act (50 U.S.C. 2541), as amended by
section 3131(h), is amended--
(A) by striking ``Secretary'' each place it appears and
inserting ``Administrator''; and
(B) in subsection (b), by striking ``Department of Energy''
and inserting ``Administration''.
(11) Tritium recycling facilities.--Section 4234 of the
Atomic Energy Defense Act (50 U.S.C. 2544), as amended by
section 3131(i), is amended by striking ``Secretary'' and
inserting ``Administrator''.
(12) Certain fissile materials program.--Section 4305 of
the Atomic Energy Defense Act (50 U.S.C. 2565) is amended by
striking ``Secretary of Energy'' and inserting
``Administrator''.
(13) Fissile materials management plan.--Section 4403(a)(1)
of the Atomic Energy Defense Act (50 U.S.C. 2583(a)(1)) is
amended by striking ``the Office of Defense Programs'' and
inserting ``the Administration''.
(14) Restricted data.--Section 4501(a) of the Atomic Energy
Defense Act (50 U.S.C. 2651(a)) is amended by striking ``The
Secretary of Energy'' and inserting ``The Administrator''.
(16) Background investigations.--Section 4503 of the Atomic
Energy Defense Act (50 U.S.C. 2653), as amended by section
3131(l), is amended by striking ``The Secretary of Energy''
and inserting ``The Administrator''.
(17) Counterintelligence failures.--Section 4505 of the
Atomic Energy Defense Act (50 U.S.C. 2656) is amended--
(A) by striking ``Secretary of Energy'' each place it
appears and inserting ``Administrator'';
(B) by striking ``Secretary'' each place it appears and
inserting ``Administrator'';
(C) by striking ``Department of Energy'' each place it
appears and inserting ``Administration''; and
(D) by striking ``Department'' each place it appears and
inserting ``Administration''.
(18) Security functions report.--Section 4506 of the Atomic
Energy Defense Act (50 U.S.C. 2657), as amended by section
3131(m), is amended by striking ``the Secretary of Energy''
and inserting ``the Administrator''.
(19) Counterintelligence report.--Section 4507(a) of the
Atomic Energy Defense Act (50 U.S.C. 2658(a)) is amended by
striking ``Secretary of Energy'' and inserting
``Administrator''.
(20) Computer security report.--Section 4508 of the Atomic
Energy Defense Act (50 U.S.C. 2659) is amended--
(A) in subsection (c), by striking ``Secretary of Energy''
each place it appears and inserting ``Administrator''; and
(B) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Administrator''.
(21) Document review.--Section 4521 of the Atomic Energy
Defense Act (50 U.S.C. 2671) is amended--
(A) in subsection (a)--
(i) by striking ``Secretary of Energy'' and inserting
``Administrator'';
(ii) by striking ``Department of Energy'' and inserting
``Administration''; and
(B) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Administrator''.
(22) Management training.--
(A) In general.--Section 4621 of the Atomic Energy Defense
Act (50 U.S.C. 2721) is amended--
(i) in the heading, by inserting ``and national nuclear
security administration'' after ``energy'';
(ii) in subsection (a)--

(I) by striking ``Secretary of Energy'' and inserting
``Under Secretary of Energy for Nuclear Security''; and
(II) by inserting ``and the Administration'' after ``the
Department of Energy''; and

(iii) in subsection (b)(1), by inserting ``and
Administration'' after ``Department of Energy''.

[[Page H2944]]

(B) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4621 and inserting the
following new item:
``Sec. 4621. Executive management training in the Department of Energy
and National Nuclear Security Administration.''.
(23) Recruitment and training.--Section 4622 of the Atomic
Energy Defense Act (50 U.S.C. 2722) is amended--
(A) in subsection (a), by striking ``the Secretary of
Energy'' and inserting ``the Administrator''; and
(B) in subsection (c), by striking ``Secretary'' and
inserting ``Administrator''.
(24) Fellowship program.--Section 4623 of the Atomic Energy
Defense Act (50 U.S.C. 2723) is amended--
(A) by striking ``Secretary of Energy'' each place it
appears and inserting ``Administrator'';
(B) by striking ``Secretary'' each place it appears and
inserting ``Administrator;'';
(C) in subsection (b)(1), by striking ``Department of
Energy'' and inserting ``Administration''; and
(D) in subsection (e), by striking ``, in consultation with
the Assistant Secretary of Energy for Defense Programs,''.
(25) Transfer of weapons funds.--Section 4711 of the Atomic
Energy Defense Act (50 U.S.C. 2751) is amended--
(A) in subsection (a), by striking ``Secretary of Energy''
and inserting ``Administrator'';
(B) in subsection (d), by striking ``Secretary, acting
through the Administrator for Nuclear Security,'' and
inserting ``Administrator''; and
(C) in subsection (e)--
(i) in paragraph (1)--

(I) by striking ``Department of Energy'' and inserting
``Administration''; and
(II) by striking ``Department'' and inserting
``Administration''; and

(ii) in paragraph (2), by inserting ``or the
Administration'' after ``Department of Energy''.
(26) Cost overruns.--Section 4713 of the Atomic Energy
Defense Act (50 U.S.C. 2753) is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (A)--

(I) by striking ``Secretary of Energy'' and inserting
``Administrator''; and
(II) in clause (ii), by striking ``Department'' and
inserting ``Administration''; and

(ii) in subparagraph (B), by striking ``Secretary'' and
inserting ``Administrator''; and
(B) in subsection (c)(2)(B), by inserting ``or the
Administration'' after ``Department of Energy''.
(27) Penalties.--Section 4721(a) of the Atomic Energy
Defense Act (50 U.S.C. 2761(a)) is amended by striking ``the
Department of Energy for the Naval Nuclear Propulsion
Program'' and inserting ``the Administration for the Naval
Nuclear Reactor Program''.
(28) Research and development.--Section 4811 of the Atomic
Energy Defense Act (50 U.S.C. 2791) is amended--
(A) in subsection (a), by inserting ``and the
Administration'' after ``Department of Energy'';
(B) in subsection (b)--
(i) by striking ``The Secretary'' and inserting ``(1)
Except as provided by paragraph (2), the Secretary''; and
(ii) by adding at the end the following new paragraph:
``(2) With respect to the conduct of laboratory-directed
research and development at laboratories of the
Administration, the Administrator shall prescribe regulations
for such conduct and oversee such regulations.''; and
(C) in subsection (c), by inserting ``or the
Administrator'' after ``the Secretary''.
(29) Funds for research and development.--Subsection (a)(1)
of section 4812 of the Atomic Energy Defense Act (50 U.S.C.
2792(a)(1)) is amended--
(A) by striking ``the Department of Energy in'' and
inserting ``the Administration in'';
(B) by striking ``under the Department of Energy''; and
inserting ``under the'';
(C) by striking ``any Department of Energy'' and inserting
``any''; and
(D) by striking ``mission of the Department of Energy'' and
inserting ``mission of the Administration''.

SEC. 3134. 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) A summary of the status of achieving the purposes of
the program established under section 4207(b).
``(6) Identification of any modifications or updates to the
plan since the previous summary or detailed report was
submitted under subsection (b).
``(7) 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 which 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

[[Page H2945]]

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) With respect to the program established under section
4207(b), a description of the progress made to the date of
the report in achieving the purposes of such program.
``(7) 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 paragraph (4) and the
schedule described under subparagraph (B) of such paragraph
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 for the National Nuclear
Security Administration 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 National Nuclear Security 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 for 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 for 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.--Section 4203A of the Atomic Energy Defense Act (50
U.S.C. 2523A) is repealed.
(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) by striking subsections (c) and (d); and
(2) by redesignating subsection (e) as subsection (c).
(e) Nuclear Test Ban Readiness Program.--Section 4207 of
the Atomic Energy Defense Act (50 U.S.C. 2527) is amended by
striking subsection (e).
(f) 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. 3135. 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 all
American Recovery and Reinvestment Act funds have been
obligated or expended (or are no longer available to be
obligated or 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)(1), 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)(1), 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. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-
NUCLEAR INCIDENTS.

(a) Notification.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended by adding after section 4645, as
added by section 3151, the following new section:

[[Page H2946]]

``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 shut-
down, or partial shut-down, 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 affect, 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 and the Administrator
shall each 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 shut-down, or partial
shut-down, 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 the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4645 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 shut-down, or partial
shut-down, 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.--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. 3142. REPORTS ON LIFETIME EXTENSION PROGRAMS.

(a) Prototypes.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended by inserting after section 4214 the
following new section:

``SEC. 4215. REPORTS ON LIFETIME EXTENSION PROGRAMS.

``(a) Reports Required.--Before proceeding beyond phase 6.2
activities with respect to any lifetime extension program,
the director of the national security laboratory responsible
for such program shall submit to the congressional defense
committees a report on the lifetime extension option selected
for such program, including--
``(1) whether such option selected is refurbishment, reuse,
or replacement; and
``(2) why such option was selected, including an assessment
of the advantages and disadvantages of the two options not
selected.
``(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 the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4214 the
following new item:
``Sec. 4215. Reports on lifetime extension programs.''.

SEC. 3143. 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 December 15,
2014, the Administrator shall submit to the Committees on
Armed Services of the House of Representatives and 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. 3144. 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. 3145. STUDY ON REUSE OF PLUTONIUM PITS.

(a) Study.--Not later than 120 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
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) The potential costs and cost savings of such reuse.
(4) The effects of such reuse on the requirements for
plutonium pit manufacturing.

Subtitle E--Other Matters

SEC. 3151. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE
NUCLEAR SAFETY.

(a) In General.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended by adding after section 4644 the
following new section:

[[Page H2947]]

``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 (b) use
national and international standards and nuclear industry
best practices, including probabilistic or quantitative risk
assessment if sufficient data exists.
``(b) 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 the Atomic Energy Defense 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. 3152. 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 4215 of such Act, as added by
section 3142(a);
(3) redesignated as section 4216; and
(4) amended--
(A) by amending subsection (f) to read as follows:
``(f) Expression of Individual Views.--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 Joint Nuclear Weapons Council, or
the Commander of United States Strategic Command from
presenting the professional views of the individual to the
President, the National Security Council, or Congress
regarding--
``(1) the safety, security, reliability, or credibility of
the nuclear weapons stockpile and nuclear forces; or
``(2) the status of, and plans for, the capabilities and
infrastructure that support and sustain the nuclear weapons
stockpile and nuclear forces.''; and
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new
subsection (g):
``(g) Delivery of Classified Information to Congress.--(1)
The directors of the national security laboratories, the
directors of the nuclear weapons production facilities, the
members of the Joint Nuclear Weapons Council, and the
Commander of the United States Strategic Command are each
authorized to provide directly to Congress classified
information with respect to matters described by paragraphs
(1) or (2) of subsection (f).
``(2) The Administrator and Secretary of Defense shall
ensure that direct classified mail channels are established
between the national security laboratories, nuclear weapons
production facilities, members of the Joint Nuclear Weapons
Council, the United States Strategic Command, and the
congressional defense committees to carry out this
subsection.''.
(b) Conforming Amendment.--Section 4215 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 (h), as redesignated by
subsection (a)(4)(B), to read as follows:
``(h) 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 4215 the
following new item:
``Sec. 4216. Advice to President and Congress regarding safety,
security, and reliability of United States nuclear
weapons stockpile.''.

SEC. 3153. 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 information related to the design of nuclear weapons
(in this subsection referred to as `design information')
removed under paragraph (1) if the Commission and the
Department of Defense jointly determines that--
``(A) the programmatic requirements that caused the design
information to be removed from the Restricted Data category
are no longer applicable or have diminished;
``(B) the design information would be more appropriately
protected as Restricted Data; and
``(C) restoring the design information to the Restricted
Data category is in the interest of national security.
``(3) In carrying out paragraph (2), design information
shall be restored to the Restricted Data category in
accordance with regulations implemented pursuant to this
section.''; 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 information related to foreign nuclear programs (in
this subsection referred to as `foreign nuclear information')
removed under paragraph (1) if the Commission and the
Director of National Intelligence jointly determine that--
``(A) the programmatic requirements that caused the foreign
nuclear information to be removed from the Restricted Data
category are no longer applicable or have diminished;
``(B) the foreign nuclear information would be more
appropriately protected as Restricted Data; and
``(C) restoring the foreign nuclear information to the
Restricted Data category is in the interest of national
security.
``(3) In carrying out paragraph (2), foreign nuclear
information shall be restored to the Restricted Data category
in accordance with regulations implemented pursuant to this
section.''.

SEC. 3154. INDEPENDENT COST ASSESSMENTS FOR LIFE EXTENSION
PROGRAMS, NEW NUCLEAR FACILITIES, AND OTHER
MATTERS.

(a) Cost Assessment.--To inform the decisions made by the
Nuclear Weapons Council established by section 179 of title
10, United States Code, the Secretary of Defense, acting
through the Director of Cost Assessment and Program
Evaluation and in coordination with the Administrator for
Nuclear Security, shall assess the cost of options and
alternatives for--
(1) new nuclear weapon life extension programs; and
(2) new nuclear facilities within the nuclear security
enterprise that are estimated to cost more than $500,000,000.
(b) Report.--Not later than 30 days after the date on which
each assessment conducted under subsection (a) is completed,
the Administrator for Nuclear Security and the Secretary of
Defense shall jointly submit to the congressional defense
committees a report containing the results of such
assessment.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Authority for Further Assessments.--Upon the request of
the Administrator for Nuclear Security, the Secretary of
Defense, acting through the Director of Cost Assessment and
Program Evaluation and in consultation with the
Administrator, may conduct a cost assessment of any
initiative of the National Nuclear Security Administration
that is estimated to cost more than $500,000,000.

SEC. 3155. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION
REQUIREMENT.

(a) Assessment.--The Secretary of Defense and the Secretary
of Energy, in coordination with the Commander of the United
States Strategic Command, shall jointly 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 and the
Secretary of Energy shall jointly submit to the congressional
defense committees a report regarding the assessment
conducted under section (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 implications for national security, for maintaining
the nuclear weapons stockpile (including the impact on
options available for life extension programs), and for costs
of having pit production capacity at--
(i) 10 to 20 pits per year;
(ii) 20 to 30 pits per year;
(iii) 30 to 50 pits per year; and
(iv) 50 to 80 pits per year; and
(D) the implications of various pit production capacities
on the requirements for the nuclear weapon hedge or reserve
forces of the United States.
(2) Update.--If the report under paragraph (1) does not
incorporate the results of the Nuclear Posture Review
Implementation Study, the Secretary of Defense and the
Secretary of Energy, in coordination with the Commander of
the United States Strategic Command, shall jointly 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.

[[Page H2948]]

SEC. 3156. INTELLECTUAL PROPERTY RELATED TO URANIUM
ENRICHMENT.

(a) In General.--Subject to subsection (b), of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2013 for defense nuclear
nonproliferation, the Secretary of Energy may make available
not more than $150,000,000 for the development and
demonstration of domestic national-security-related
enrichment technologies as provided in subsection (c).
(b) Certification.--Not later than 30 days before the date
on which the Secretary makes an amount available under
subsection (a), the Secretary shall submit to the
congressional defense committees--
(1) written certification that such amount is needed for
national security purposes; and
(2) a description of such purposes.
(c) Administration.--An amount made available by the
Secretary under subsection (a) shall be used to provide,
directly or indirectly, Federal funds, resources, or other
assistance for the research, development, or deployment of
domestic national-security-related enrichment technology,
subject to the following requirements:
(1) The Secretary shall provide such assistance using merit
selection procedures.
(2) The Secretary may provide such assistance only if the
Secretary executes an agreement with the recipient (or any
affiliate, successor, or assignee) of such funds, resources,
or other assistance (in this section referred to as the
``recipient'') that requires--
(A) the achievement of specific technical criteria by the
recipient by specific dates not later than June 30, 2014;
(B) that the recipient--
(i) immediately upon execution of the agreement, grant to
the United States for use by or on behalf of the United
States, through the Secretary, a royalty-free, non-exclusive
license in all enrichment-related intellectual property and
associated technical data owned, licensed, or otherwise
controlled by the recipient as of the date of the enactment
of this Act, or thereafter developed or acquired to meet the
requirements of the agreement;
(ii) amend any existing agreement between the Secretary and
the recipient to permit the Secretary to use or permit third
parties on behalf of the Secretary to use intellectual
property and associated technical data related to the award
of funds, resources, or other assistance royalty-free for
Government purposes, including completing or operating
enrichment technologies and using them for national defense
purposes, including providing nuclear material to operate
commercial nuclear power reactors for tritium production; and
(iii) as soon as practicable, deliver to the Secretary all
technical information and other documentation in its
possession or control necessary to permit the Secretary to
use all intellectual property related to domestic enrichment
technologies described in this subparagraph; and
(C) any other condition or restriction the Secretary
determines necessary to protect the interests of the United
States.
(d) Control of Property.--If the Secretary determines that
a recipient has not achieved the technical criteria required
under an agreement under subsection (c)(2) by the date
specified pursuant to subparagraph (A) of such subsection,
the recipient shall, as soon as practicable, surrender
custody, possession, and control, or return, as appropriate,
any real or personal property owned or leased by the
recipient, to the Secretary in connection with the deployment
of enrichment technology, along with all capital
improvements, equipment, fixtures, appurtenances, and other
improvements thereto, and any further obligation by the
Secretary under any such lease shall terminate.
(e) Application of Requirements.--The limitations and
requirements in this section shall apply to funds authorized
to be appropriated by this Act or otherwise made available
for fiscal year 2013 or any fiscal year thereafter for the
development and demonstration of domestic national security-
related enrichment technology.
(f) Exception.--Subsections (c) and (d) shall not apply
with respect to the issuance of any loan guarantee pursuant
to section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513).

SEC. 3157. SENSE OF CONGRESS ON COMPETITION AND FEES RELATED
TO THE MANAGEMENT AND OPERATING CONTRACTS OF
THE NUCLEAR SECURITY ENTERPRISE.

It is the sense of Congress that--
(1) in the past decade, competition of the management and
operating contracts for the national security laboratories
has resulted in significant increases in fees paid to the
contractors--funding that otherwise could be used to support
program and mission activities of the National Nuclear
Security Administration;
(2) competition of the management and operating contracts
of the nuclear security enterprise is an important mechanism
to help realize cost savings, seek efficiencies, improve
performance, and hold contractors accountable;
(3) when the Administrator for Nuclear Security considers
it appropriate to achieve these goals, the Administrator
should conduct competition of these contracts while
recognizing the unique nature of federally funded research
and development centers; and
(4) the Administrator should ensure that fixed fees and
performance-based fees contained in management and operating
contracts are as low as possible to maintain a focus on
national service while attracting high-quality contractors
and achieving the goals of the competition.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There is authorized to be appropriated for fiscal year 2013
$31,415,000 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)--
(A) in paragraph (3), by striking ``Energy or any
contractor of the Department of Energy'' and inserting
``Energy, the National Nuclear Security Administration, or
any contractor of the Department or Administration''; and
(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 paragraphs (5) and (6), the
Chairman''; and
(C) by adding at the end the following new paragraphs:
``(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
regarding recommendations, budgets, senior staff, hearings
and witnesses, investigations, subpoenas, and setting
policies and regulations governing operations of the Board;
``(B) have full, simultaneous access to all information
relating to the performance of the Board's functions, powers,
and mission; and
``(C) have one vote.
``(6) Any member of the Board may propose an individual to
be appointed to a senior staff position of the Board and
require a determination by the Board under paragraph (5)(A)
on whether such individual shall be appointed.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``Except as provided
under paragraph (2), the'' and inserting ``The'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2); and
(4) by amending subsection (e) to read as follows:
``(e) Quorum.--(1) Three members of the Board shall
constitute a quorum.
``(2) A quorum shall be required to take the actions of the
Board described in subsection (c)(5)(A).''.
(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 ``<sup>mission</sup>
and</sup>'' before ``<sup>functions</sup>'';
(B) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(C) by inserting before subsection (b), as so redesignated,
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 ensure that--
``(1) risks to public health and safety at the defense
nuclear facilities of the Department of Energy are as low as
reasonably practicable; and
``(2) public health and safety are adequately protected.'';
(D) in subsection (b), as so redesignated--
(i) in the heading, by striking ``In General'' and
inserting ``Functions'';
(ii) in paragraph (1), by inserting ``risks to public
health and safety are as low as reasonably practicable and''
after ``to ensure that'';
(iii) in paragraph (4), by striking ``to ensure adequate
protection of public health and safety'' each place it
appears and inserting ``to ensure that risks to public health
and safety are as low as reasonably practicable and public
health and safety are adequately protected''; and
(iv) in paragraph (5)--

(I) by striking ``to ensure adequate protection of public
health and safety'' and inserting ``to ensure that risks to
public health and safety are as low as reasonably practicable
and public health and safety are adequately protected'';
(II) by inserting ``, and specifically assess,'' after
``shall consider''; and
(III) by inserting ``, the costs and benefits, and the
practicability'' after ``economic feasibility''.

(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) Powers.--Section 313 of the Atomic Energy Act of 1954
(42 U.S.C. 2286b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or a member authorized
by the Board''; and
(B) in paragraph (2)(A), by striking the first sentence and
inserting the following: ``Subpoenas may be issued only with
the approval of a majority of the members of the Board and
shall be served by any person designated by the Chairman, any
member, or any person as otherwise provided by law.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) Of the funds appropriated to the Board to carry out
this chapter, each member of the Board, other than the
Chairman, may employ at least one technical advisor to serve
in the immediate office of the member to provide assistance
to the member in carrying out the responsibilities of the
member under this chapter. If employed in the immediate
office of a member, such advisor shall report to such member
and, notwithstanding section 311(c)(2)(A), may not be subject
to the appointment, direction, or supervision of the
Chairman.''; and
(3) in subsection (j)(2), by striking ``section 312(1)''
and inserting ``section 312(b)(1)''.

[[Page H2949]]

(d) Board Recommendations.--Section 315 of the Atomic
Energy Act of 1954 (42 U.S.C. 2286d) is amended to read as
follows:

``SEC. 315. BOARD RECOMMENDATIONS.

``(a) Drafts and Submission of Recommendations.--(1)
Subject to subsections (f) and (g), the Board shall submit to
the Secretary of Energy a draft of any recommendations under
section 312 and any related findings, supporting data, and
analyses before the date on which such recommendations are
finalized.
``(2) The Secretary may provide to the Board comments on
the recommendations not later than 45 days after the date on
which the Secretary receives the draft submission of the
Board under paragraph (1). The Board may grant, upon request
by the Secretary, not more than an additional 30 days for the
Secretary to submit comments to the Board.
``(3) After the period of time in which the Secretary may
provide recommendations under paragraph (2) elapses, the
Board may publish in the Federal Register either the original
or a revised version of the recommendations based on the
comments of the Secretary, together with a request for the
submission to the Board of public comments on such
recommendations. Interested persons shall have 30 days after
the date of publication in which to submit comments, data,
views, or arguments to the Board concerning the
recommendations. The Board shall furnish the Secretary with
copies of all comments, data, views, and arguments submitted
to it under this paragraph.
``(b) Disposition of Recommendations.--(1) Not later than
60 days after publication of the recommendations under
subsection (a)(3), the Secretary of Energy shall publish in
the Federal Register and transmit to the Board, in writing, a
statement of the final decision of the Secretary with respect
to whether the Secretary accepts or rejects, in whole or in
part, such recommendations, including a description of any
actions to be taken in response to the recommendations, any
expected schedule, cost, technical, or program impacts of
such recommendations, and the views of the Secretary
regarding such recommendations. The Board may grant, upon
request by the Secretary, not more than an additional 30 days
for the Secretary to transmit such statement to the Board.
``(2) The Board may hold hearings for the purpose of
obtaining public comments on its recommendations and the
disposition of such recommendations by the Secretary of
Energy.
``(c) Rejection of Recommendations.--If the Secretary of
Energy, in a statement under subsection (b)(1), rejects (in
whole or part) any recommendation made by the Board under
subsection (a), the Board may transmit to the Secretary and
the Committees on Armed Services and Appropriations of the
Senate and the House of Representatives a letter describing
the views and perspectives of the Board regarding the
Secretary's disposition of the Board's recommendations.
``(d) Implementation Plan.--The Secretary of Energy shall
prepare a plan for the implementation of each Board
recommendation, or part of a recommendation, that is accepted
by the Secretary in the statement under subsection (b)(1).
Not later than 120 days after the date on which such
statement is published, the Secretary shall transmit to the
Board such implementation plan. The Secretary may implement
any such recommendation (or part of any such recommendation)
before, on, or after the date on which the Secretary
transmits the implementation plan to the Board under this
subsection.
``(e) Implementation.--(1) Subject to paragraph (2), not
later than one year after the date on which the Secretary of
Energy transmits an implementation plan with respect to a
recommendation (or part thereof) under subsection (d), the
Secretary shall carry out and complete the implementation
plan. If complete implementation of the plan takes more than
one year, the Secretary of Energy shall submit a report to
the Committees on Armed Services and on Appropriations of the
Senate and the House of Representatives setting forth the
reasons for the delay and when implementation will be
completed.
``(2) If the Secretary of Energy determines that the
implementation of a Board recommendation (or part thereof) is
impracticable because of budgetary considerations, or that
the implementation would affect the Secretary's ability to
meet the annual nuclear weapons stockpile requirements
established pursuant to section 91 of this Act, the Secretary
shall submit to the President and the Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives a report containing the recommendation and
the Secretary's determination.
``(f) Imminent or Severe Threat.--(1) In any case in which
the Board determines that a recommendation submitted to the
Secretary of Energy under section 312 relates to an imminent
or severe threat to public health and safety, the Board and
the Secretary of Energy shall proceed under this subsection
in lieu of subsections (a) and (b).
``(2) The Board shall transmit to the President, the
Secretary of Defense, and the Secretary of Energy a
recommendation relating to an imminent or severe threat to
public health and safety. Not later than 15 days after the
date on which such recommendation is received, the Secretary
of Energy shall submit the comments and views of the
Secretary to the President. The President shall review such
comments and views and shall make the decision concerning the
acceptance or rejection of the Board's recommendation.
``(3) After receipt by the President of the recommendation
from the Board under this subsection, the Board shall
promptly make such recommendation available to the public and
shall submit such recommendation to the Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives. The President shall promptly notify such
committees of the decision made by the President under
paragraph (2) and the reasons for that decision.
``(g) Limitation.--Notwithstanding any other provision of
this section, the requirements to make information available
to the public under this section--
``(1) shall not apply in the case of information that is
classified; and
``(2) shall be subject to the orders and regulations issued
by the Secretary of Energy under sections 147 and 148 of this
Act to prohibit dissemination of certain information.''.
(e) Reports.--Section 316 of the Atomic Energy Act of 1954
(42 U.S.C. 2286e) is amended by striking ``to the Speaker
of'' each place it appears.
(f) Information to Congress.--Section 320 of the Atomic
Energy Act of 1954 (42 U.S.C. 2286h 1) is amended by striking
``the Congress'' and inserting ``Committees on Armed Services
and Appropriations of the Senate and the House of
Representatives''.
(g) Inspector 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.

``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.''.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

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.

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. 6661a(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. 1645A 490), is amended by
striking ``the enactment of this Act'' and inserting
``contract award''.

SEC. 3503. PROCUREMENT OF SHIP DISPOSAL.

Section 113(e)(15) of title 40, United States Code, is
amended--
(1) by inserting ``disposal for recycling and all contracts
related thereto (including contracts for towing, dry-docking,
sale or purchase of services for recycling, or management of
vessels during disposal),'' after ``charter, construction,
reconstruction,'';
(2) by striking ``merchant''; and
(3) by inserting ``and with the Federal Acquisition
Regulation'' after ``under this subtitle''.

SEC. 3504. 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. 3505. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES.

Section 51103(b)(1) 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.--

[[Page H2950]]

``(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 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. 3506. CLARIFICATION OF HEADING.

(a) In General.--The heading of 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) Conforming Amendment.--The item relating to section
57103 in the analysis of chapter 571 of such title is amended
to read as follows:
``57103. Donation of nonretention vessels in the national defense
reserve fleet.''.

SEC. 3507. 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. 3508. AMENDMENTS RELATING TO THE NATIONAL DEFENSE
RESERVE FLEET.

Subparagraphs (B), (C), and (D) of sections 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. 3509. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

(a) 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) 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) 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) 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) 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) Section 53106 of such title is amended--
(1) in subsection (a)(1), by striking ``and (C) $3,100,000
for each of fiscal years 2012 through 2025.'' 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) Section 53107(b)(1) 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) Section 53109 is repealed.
(i) Section 53111 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 section 3308(a) of this
Act take effect on December 31, 2014; and
(2) section 3308(f)(2) of this Act take effect on December
31, 2014.

DIVISION D--FUNDING TABLES

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

[[Page H2951]]

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          House
Line                 Item              Request       Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
01                 UTILITY F/W AIRCRAFT.          18,639          18,639
03                 MQ 1 UAV.............         518,088         518,088
04                 RQ 11 (RAVEN)........          25,798          25,798
ROTARY
06                 HELICOPTER, LIGHT             271,983         271,983
UTILITY (LUH).
07                 AH 64 APACHE BLOCK            577,115         577,115
IIIA REMAN.
08                    ADVANCE                    107,707         107,707
PROCUREMENT (CY).
09                 AH 64 APACHE BLOCK            153,993         153,993
IIIB NEW BUILD.
10                    ADVANCE                    146,121         146,121
PROCUREMENT (CY).
13                 UH 60 BLACKHAWK M           1,107,087       1,107,087
MODEL (MYP).
14                    ADVANCE                    115,113         115,113
PROCUREMENT (CY).
15                 CH 47 HELICOPTER.....       1,076,036       1,076,036
16                    ADVANCE                     83,346          83,346
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
18                 MQ 1 PAYLOAD--UAS....         231,508         231,508
20                 GUARDRAIL MODS (MIP).          16,272          16,272
21                 MULTI SENSOR ABN                4,294           4,294
RECON (MIP).
22                 AH 64 MODS...........         178,805         178,805
23                 CH 47 CARGO                    39,135          39,135
HELICOPTER MODS
(MYP).
24                 UTILITY/CARGO                  24,842          24,842
AIRPLANE MODS.
26                 UTILITY HELICOPTER             73,804          73,804
MODS.
27                 KIOWA WARRIOR MODS...         192,484         192,484
29                 NETWORK AND MISSION           190,789         190,789
PLAN.
30                 COMMS, NAV                    133,191         133,191
SURVEILLANCE.
31                 GATM ROLLUP..........          87,280          87,280
32                 RQ 7 UAV MODS........         104,339         104,339
GROUND SUPPORT
AVIONICS
34                 AIRCRAFT                       34,037          34,037
SURVIVABILITY
EQUIPMENT.
36                 CMWS.................         127,751         127,751
OTHER SUPPORT
37                 AVIONICS SUPPORT                4,886           4,886
EQUIPMENT.
38                 COMMON GROUND                  82,511          82,511
EQUIPMENT.
39                 AIRCREW INTEGRATED             77,381          77,381
SYSTEMS.
40                 AIR TRAFFIC CONTROL..          47,235          47,235
41                 INDUSTRIAL FACILITIES           1,643           1,643
42                 LAUNCHER, 2.75 ROCKET             516             516
TOTAL AIRCRAFT         5,853,729       5,853,729
PROCUREMENT,
ARMY.

MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
01                 PATRIOT SYSTEM                646,590         696,590
SUMMARY.
Additional PAC 3                         [50,000]
missiles.
02                 MSE MISSILE..........          12,850          12,850
AIR-TO-SURFACE
MISSILE SYSTEM
04                 HELLFIRE SYS SUMMARY.           1,401          11,401
Program increase.                        [10,000]
ANTI-TANK/ASSAULT
MISSILE SYS
05                 JAVELIN (AAWS-M)               81,121          81,121
SYSTEM SUMMARY.
06                 TOW 2 SYSTEM SUMMARY.          64,712          64,712
07                    ADVANCE                     19,931          19,931
PROCUREMENT (CY).
08                 GUIDED MLRS ROCKET            218,679         218,679
(GMLRS).
09                 MLRS REDUCED RANGE             18,767          18,767
PRACTICE ROCKETS
(RRPR).
10                 HIGH MOBILITY                  12,051          12,051
ARTILLERY ROCKET
SYSTEM.
MODIFICATIONS
11                 PATRIOT MODS.........         199,565         199,565
13                 MLRS MODS............           2,466           2,466
14                 HIMARS MODIFICATIONS.           6,068           6,068
SPARES AND REPAIR
PARTS
16                 SPARES AND REPAIR               7,864           7,864
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
17                 AIR DEFENSE TARGETS..           3,864           3,864
18                 ITEMS LESS THAN $5              1,560           1,560
MILLION (MISSILES).
19                 PRODUCTION BASE                 5,200           5,200
SUPPORT.
TOTAL MISSILE          1,302,689       1,362,689
PROCUREMENT,
ARMY.

PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
01                 STRYKER VEHICLE......         286,818         286,818
MODIFICATION OF
TRACKED COMBAT
VEHICLES
03                 STRYKER (MOD)........          60,881          60,881
04                 FIST VEHICLE (MOD)...          57,257          57,257
05                 BRADLEY PROGRAM (MOD)         148,193         288,193
Program increase.                       [140,000]
06                 HOWITZER, MED SP FT            10,341          10,341
155MM M109A6 (MOD).
07                 PALADIN PIM MOD IN            206,101         206,101
SERVICE.
08                 IMPROVED RECOVERY             107,909         169,909
VEHICLE (M88A2
HERCULES).
Program increase.                        [62,000]
09                 ASSAULT BREACHER               50,039          50,039
VEHICLE.
10                 M88 FOV MODS.........          29,930          29,930
11                 M1 ABRAMS TANK (MOD).         129,090         129,090
12                 ABRAMS UPGRADE                 74,433         255,433
PROGRAM.
Program increase.                       [181,000]
SUPPORT EQUIPMENT &
FACILITIES
13                 PRODUCTION BASE                 1,145           1,145
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
14                 INTEGRATED AIR BURST              506               0
WEAPON SYSTEM FAMILY.
XM25 funding                               [ 506]
ahead of need.
17                 LIGHTWEIGHT .50                25,183          25,183
CALIBER MACHINE GUN.
19                 MORTAR SYSTEMS.......           8,104           8,104
21                 XM320 GRENADE                  14,096          14,096
LAUNCHER MODULE
(GLM).
24                 CARBINE..............          21,272          21,272
25                 SHOTGUN, MODULAR                6,598           6,598
ACCESSORY SYSTEM
(MASS).
26                 COMMON REMOTELY                56,725          56,725
OPERATED WEAPONS
STATION.
27                 HOWITZER LT WT 155MM           13,827          13,827
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
29                 M777 MODS............          26,843          26,843
30                 M4 CARBINE MODS......          27,243          27,243
31                 M2 50 CAL MACHINE GUN          39,974          39,974
MODS.
32                 M249 SAW MACHINE GUN            4,996           4,996
MODS.
33                 M240 MEDIUM MACHINE             6,806           6,806
GUN MODS.
34                 SNIPER RIFLES                  14,113          14,113
MODIFICATIONS.
35                 M119 MODIFICATIONS...          20,727          20,727
36                 M16 RIFLE MODS.......           3,306           3,306
37                 MODIFICATIONS LESS              3,072           3,072
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
38                 ITEMS LESS THAN $5              2,026           2,026
MILLION (WOCV-WTCV).
39                 PRODUCTION BASE                10,115          10,115
SUPPORT (WOCV-WTCV).
40                 INDUSTRIAL                        442             442
PREPAREDNESS.
41                 SMALL ARMS EQUIPMENT            2,378           2,378
(SOLDIER ENH PROG).
SPARES
42                 SPARES AND REPAIR              31,217          31,217
PARTS (WTCV).
TOTAL                  1,501,706       1,884,200
PROCUREMENT OF
W&TCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
01                 CTG, 5.56MM, ALL              158,313         123,513
TYPES.
Unit cost savings                       [ 34,800]
02                 CTG, 7.62MM, ALL               91,438          91,438
TYPES.
03                 CTG, HANDGUN, ALL               8,954           8,954
TYPES.
04                 CTG, .50 CAL, ALL             109,604         109,604
TYPES.
05                 CTG, 20MM, ALL TYPES.           4,041           4,041
06                 CTG, 25MM, ALL TYPES.          12,654          12,654
07                 CTG, 30MM, ALL TYPES.          72,154          54,154
Pricing                                 [ 18,000]
adjustments for
target practice
round and light-
weight dual-
purpose round.
08                 CTG, 40MM, ALL TYPES.          60,138          60,138
MORTAR AMMUNITION

[[Page H2952]]

09                 60MM MORTAR, ALL               44,375          44,375
TYPES.
10                 81MM MORTAR, ALL               27,471          27,471
TYPES.
11                 120MM MORTAR, ALL              87,811          87,811
TYPES.
TANK AMMUNITION
12                 CARTRIDGES, TANK,             112,380         112,380
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
13                 ARTILLERY CARTRIDGES,          50,861          50,861
75MM AND 105MM, ALL
TYP.
14                 ARTILLERY PROJECTILE,          26,227          26,227
155MM, ALL TYPES.
15                 PROJ 155MM EXTENDED           110,329          55,329
RANGE XM982.
Excalibur I-b                           [ 55,000]
round schedule
delay.
16                 ARTILLERY                      43,924          43,924
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
17                 MINES & CLEARING                3,775           3,775
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
18                 SPIDER NETWORK                 17,408          17,408
MUNITIONS, ALL TYPES.
ROCKETS
19                 SHOULDER LAUNCHED               1,005           1,005
MUNITIONS, ALL TYPES.
20                 ROCKET, HYDRA 70, ALL         123,433         123,433
TYPES.
OTHER AMMUNITION
21                 DEMOLITION MUNITIONS,          35,189          35,189
ALL TYPES.
22                 GRENADES, ALL TYPES..          33,477          33,477
23                 SIGNALS, ALL TYPES...           9,991           9,991
24                 SIMULATORS, ALL TYPES          10,388          10,388
MISCELLANEOUS
25                 AMMO COMPONENTS, ALL           19,383          19,383
TYPES.
26                 NON-LETHAL                      7,336           7,336
AMMUNITION, ALL
TYPES.
27                 CAD/PAD ALL TYPES....           6,641           6,641
28                 ITEMS LESS THAN $5             15,092          15,092
MILLION.
29                 AMMUNITION PECULIAR            15,692          15,692
EQUIPMENT.
30                 FIRST DESTINATION              14,107          14,107
TRANSPORTATION
(AMMO).
31                 CLOSEOUT LIABILITIES.             106             106
PRODUCTION BASE
SUPPORT
32                 PROVISION OF                  220,171         220,171
INDUSTRIAL
FACILITIES.
33                 CONVENTIONAL                  182,461         182,461
MUNITIONS
DEMILITARIZATION,
ALL.
34                 ARMS INITIATIVE......           3,377           3,377
TOTAL                  1,739,706       1,631,906
PROCUREMENT OF
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
01                 SEMITRAILERS,                   7,097           7,097
FLATBED:.
02                 FAMILY OF MEDIUM              346,115         346,115
TACTICAL VEH (FMTV).
03                 FIRETRUCKS &                   19,292          19,292
ASSOCIATED
FIREFIGHTING EQUIP.
04                 FAMILY OF HEAVY                52,933          52,933
TACTICAL VEHICLES
(FHTV).
05                 PLS ESP..............          18,035          18,035
09                 TRUCK, TRACTOR, LINE            3,619           3,619
HAUL, M915/M916.
10                 HVY EXPANDED MOBILE            26,859          26,859
TACTICAL TRUCK EXT
SERV.
12                 TACTICAL WHEELED               69,163          69,163
VEHICLE PROTECTION
KITS.
13                 MODIFICATION OF IN             91,754          91,754
SVC EQUIP.
NON-TACTICAL VEHICLES
18                 PASSENGER CARRYING              2,548           2,548
VEHICLES.
19                 NONTACTICAL VEHICLES,          16,791          16,791
OTHER.
COMM--JOINT
COMMUNICATIONS
20                 JOINT COMBAT                   10,061          10,061
IDENTIFICATION
MARKING SYSTEM.
21                 WIN-T--GROUND FORCES          892,635         872,635
TACTICAL NETWORK.
Program                                 [ 20,000]
adjustment.
22                 SIGNAL MODERNIZATION           45,626          45,626
PROGRAM.
23                 JCSE EQUIPMENT                  5,143           5,143
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
24                 DEFENSE ENTERPRISE            151,636         151,636
WIDEBAND SATCOM
SYSTEMS.
25                 TRANSPORTABLE                   6,822           6,822
TACTICAL COMMAND
COMMUNICATIONS.
26                 SHF TERM.............           9,108           9,108
28                 NAVSTAR GLOBAL                 27,353          27,353
POSITIONING SYSTEM
(SPACE).
29                 SMART-T (SPACE)......          98,656          98,656
31                 GLOBAL BRDCST SVC--            47,131          47,131
GBS.
32                 MOD OF IN-SVC EQUIP            23,281          23,281
(TAC SAT).
COMM--C3 SYSTEM
34                 ARMY GLOBAL CMD &              10,848          10,848
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
35                 ARMY DATA                         979             979
DISTRIBUTION SYSTEM
(DATA RADIO).
36                 JOINT TACTICAL RADIO          556,250         521,250
SYSTEM.
Program                                 [ 35,000]
adjustment.
37                 MID-TIER NETWORKING            86,219          76,219
VEHICULAR RADIO
(MNVR).
Program                                 [ 10,000]
adjustment.
38                 RADIO TERMINAL SET,             7,798           7,798
MIDS LVT(2).
39                 SINCGARS FAMILY......           9,001           9,001
40                 AMC CRITICAL ITEMS--           24,601          24,601
OPA2.
41                 TRACTOR DESK.........           7,779           7,779
43                 SPIDER APLA REMOTE             34,365          19,365
CONTROL UNIT.
Program delay....                       [ 15,000]
44                 SOLDIER ENHANCEMENT             1,833           1,833
PROGRAM COMM/
ELECTRONICS.
45                 TACTICAL                       12,984          12,984
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
47                 GUNSHOT DETECTION               2,332           2,332
SYSTEM (GDS).
48                 RADIO, IMPROVED HF              1,132           1,132
(COTS) FAMILY.
49                 MEDICAL COMM FOR CBT           22,899          22,899
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
51                 CI AUTOMATION                   1,564           1,564
ARCHITECTURE.
52                 RESERVE CA/MISO GPF            28,781          28,781
EQUIPMENT.
INFORMATION SECURITY
53                 TSEC--ARMY KEY MGT             23,432          23,432
SYS (AKMS).
54                 INFORMATION SYSTEM             43,897          43,897
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
56                 TERRESTRIAL                     2,891           2,891
TRANSMISSION.
57                 BASE SUPPORT                   13,872          13,872
COMMUNICATIONS.
58                 WW TECH CON IMP PROG            9,595           9,595
(WWTCIP).
COMM--BASE
COMMUNICATIONS
59                 INFORMATION SYSTEMS..         142,133         142,133
61                 INSTALLATION INFO              57,727          57,727
INFRASTRUCTURE MOD
PROGRAM.
62                 PENTAGON INFORMATION            5,000           5,000
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
65                 JTT/CIBS-M...........           1,641           1,641
66                 PROPHET GROUND.......          48,797          48,797
69                 DCGS-A (MIP).........         184,007         184,007
70                 JOINT TACTICAL GROUND           2,680           2,680
STATION (JTAGS).
71                 TROJAN (MIP).........          21,483          21,483
72                 MOD OF IN-SVC EQUIP             2,412           2,412
(INTEL SPT) (MIP).
73                 CI HUMINT AUTO                  7,077           7,077
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
75                 LIGHTWEIGHT COUNTER            72,594          72,594
MORTAR RADAR.
76                 CREW.................          15,446          15,446
78                 COUNTERINTELLIGENCE/            1,470           1,470
SECURITY
COUNTERMEASURES.
79                 CI MODERNIZATION.....           1,368           1,368
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
80                 FAAD GBS.............           7,980           7,980
81                 SENTINEL MODS........          33,444          33,444
82                 SENSE THROUGH THE               6,212           6,212
WALL (STTW).
83                 NIGHT VISION DEVICES.         166,516         166,516
85                 NIGHT VISION, THERMAL          82,162          82,162
WPN SIGHT.
86                 SMALL TACTICAL                 20,717          20,717
OPTICAL RIFLE
MOUNTED MLRF.
89                 GREEN LASER                     1,014           1,014
INTERDICTION SYSTEM
(GLIS).
90                 INDIRECT FIRE                  29,881          29,881
PROTECTION FAMILY OF
SYSTEMS.
91                 PROFILER.............          12,482          12,482
92                 MOD OF IN-SVC EQUIP             3,075           3,075
(FIREFINDER RADARS).
94                 JOINT BATTLE COMMAND--        141,385         141,385
PLATFORM (JBC-P).
96                 MOD OF IN-SVC EQUIP            22,403          22,403
(LLDR).
98                 MORTAR FIRE CONTROL            29,505          29,505
SYSTEM.
99                 COUNTERFIRE RADARS...         244,409         244,409
100                ENHANCED SENSOR &               2,426           2,426
MONITORING SYSTEM
(WMD).
ELECT EQUIP--TACTICAL
C2 SYSTEMS
101                TACTICAL OPERATIONS            30,196          30,196
CENTERS.

[[Page H2953]]

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
TOTAL OTHER            6,326,245       6,246,245
PROCUREMENT,
ARMY.

JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
STAFF AND
INFRASTRUCTURE
04                 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
01                 EA 18G...............       1,027,443         997,443
Cost growth-CFE                         [ 30,000]
electronics, non-
recurring costs.
02                    ADVANCE                                     45,000
PROCUREMENT (CY).
Program increase.                        [45,000]
03                 F/A 18E/F (FIGHTER)         2,035,131       1,989,131
HORNET.
Cost growth-CFE                         [ 46,000]
electronics,
support costs.
04                    ADVANCE                     30,296          30,296
PROCUREMENT (CY).
05                 JOINT STRIKE FIGHTER        1,007,632       1,007,632
CV.
06                    ADVANCE                     65,180          65,180
PROCUREMENT (CY).
07                 JSF STOVL............       1,404,737       1,404,737
08                    ADVANCE                    106,199         106,199
PROCUREMENT (CY).
09                 V 22 (MEDIUM LIFT)...       1,303,120       1,303,120
10                    ADVANCE                    154,202         154,202
PROCUREMENT (CY).
11                 H 1 UPGRADES (UH 1Y/          720,933         720,933
AH 1Z).
12                    ADVANCE                     69,658          69,658
PROCUREMENT (CY).
13                 MH 60S (MYP).........         384,792         384,792
14                    ADVANCE                     69,277          69,277
PROCUREMENT (CY).
15                 MH 60R (MYP).........         656,866         826,866
Cruiser                                 [170,000]
Retention--Restor
e 5 helicopters.
16                    ADVANCE                    185,896         185,896
PROCUREMENT (CY).
17                 P 8A POSEIDON........       2,420,755       2,420,755
18                    ADVANCE                    325,679         325,679
PROCUREMENT (CY).
19                 E 2D ADV HAWKEYE.....         861,498         861,498
20                    ADVANCE                    123,179         123,179
PROCUREMENT (CY).
TRAINER AIRCRAFT
22                 JPATS................         278,884         278,884
OTHER AIRCRAFT
23                 KC 130J..............           3,000           3,000
24                    ADVANCE                     22,995          22,995
PROCUREMENT (CY).

[[Page H2954]]

25                    ADVANCE                     51,124          51,124
PROCUREMENT (CY).
26                 MQ 8 UAV.............         124,573         124,573
27                 STUASL0 UAV..........           9,593           9,593
MODIFICATION OF
AIRCRAFT
28                 EA 6 SERIES..........          30,062          30,062
29                 AEA SYSTEMS..........          49,999          49,999
30                 AV 8 SERIES..........          38,703          38,703
31                 ADVERSARY............           4,289           4,289
32                 F 18 SERIES..........         647,306         647,306
33                 H 46 SERIES..........           2,343           2,343
34                 AH 1W SERIES.........           8,721           8,721
35                 H 53 SERIES..........          45,567          45,567
36                 SH 60 SERIES.........          83,527          83,527
37                 H 1 SERIES...........           6,508           6,508
38                 EP 3 SERIES..........          66,374          66,374
39                 P 3 SERIES...........         148,405         148,405
40                 E 2 SERIES...........          16,322          16,322
41                 TRAINER A/C SERIES...          34,284          34,284
42                 C 2A.................           4,743           4,743
43                 C 130 SERIES.........          60,302          60,302
44                 FEWSG................             670             670
45                 CARGO/TRANSPORT A/C            26,311          26,311
SERIES.
46                 E 6 SERIES...........         158,332         158,332
47                 EXECUTIVE HELICOPTERS          58,163          58,163
SERIES.
48                 SPECIAL PROJECT                12,421          12,421
AIRCRAFT.
49                 T 45 SERIES..........          64,488          64,488
50                 POWER PLANT CHANGES..          21,569          21,569
51                 JPATS SERIES.........           1,552           1,552
52                 AVIATION LIFE SUPPORT           2,473           2,473
MODS.
53                 COMMON ECM EQUIPMENT.         114,690         114,690
54                 COMMON AVIONICS                96,183          96,183
CHANGES.
56                 ID SYSTEMS...........          39,846          39,846
57                 P 8 SERIES...........           5,302           5,302
58                 MAGTF EW FOR AVIATION          34,127          34,127
59                 RQ 7 SERIES..........          49,324          49,324
60                 V 22 (TILT/ROTOR               95,856          95,856
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
61                 SPARES AND REPAIR           1,166,430       1,126,430
PARTS.
Spares cost                             [ 40,000]
growth--F 35C, F
35B, E 2D.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
62                 COMMON GROUND                 387,195         387,195
EQUIPMENT.
63                 AIRCRAFT INDUSTRIAL            23,469          23,469
FACILITIES.
64                 WAR CONSUMABLES......          43,383          43,383
65                 OTHER PRODUCTION                3,399           3,399
CHARGES.
66                 SPECIAL SUPPORT                32,274          32,274
EQUIPMENT.
67                 FIRST DESTINATION               1,742           1,742
TRANSPORTATION.
TOTAL AIRCRAFT        17,129,296      17,228,296
PROCUREMENT,
NAVY.

WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
01                 TRIDENT II MODS......       1,224,683       1,224,683
SUPPORT EQUIPMENT &
FACILITIES
02                 MISSILE INDUSTRIAL              5,553           5,553
FACILITIES.
STRATEGIC MISSILES
03                 TOMAHAWK.............         308,970         308,970
TACTICAL MISSILES
04                 AMRAAM...............         102,683         112,683
Program increase.                        [10,000]
05                 SIDEWINDER...........          80,226          80,226
06                 JSOW.................         127,609         137,809
Program increase.                        [10,200]
07                 STANDARD MISSILE.....         399,482         399,482
08                 RAM..................          66,769          66,769
09                 HELLFIRE.............          74,501          91,901
Program increase.                        [17,400]
11                 AERIAL TARGETS.......          61,518          61,518
12                 OTHER MISSILE SUPPORT           3,585           3,585
MODIFICATION OF
MISSILES
13                 ESSM.................          58,194          58,194
14                 HARM MODS............          86,721          86,721
SUPPORT EQUIPMENT &
FACILITIES
16                 WEAPONS INDUSTRIAL              2,014           2,014
FACILITIES.
17                 FLEET SATELLITE COMM           21,454          21,454
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
18                 ORDNANCE SUPPORT               54,945          54,945
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
19                 SSTD.................           2,700           2,700
20                 ASW TARGETS..........          10,385          10,385
MOD OF TORPEDOES AND
RELATED EQUIP
21                 MK 54 TORPEDO MODS...          74,487          74,487
22                 MK 48 TORPEDO ADCAP            54,281          54,281
MODS.
23                 QUICKSTRIKE MINE.....           6,852           6,852
SUPPORT EQUIPMENT
24                 TORPEDO SUPPORT                46,402          46,402
EQUIPMENT.
25                 ASW RANGE SUPPORT....          11,927          11,927
DESTINATION
TRANSPORTATION
26                 FIRST DESTINATION               3,614           3,614
TRANSPORTATION.
GUNS AND GUN MOUNTS
27                 SMALL ARMS AND                 12,594          12,594
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
28                 CIWS MODS............          59,303          59,303
29                 COAST GUARD WEAPONS..          19,072          19,072
30                 GUN MOUNT MODS.......          54,706          54,706
31                 CRUISER MODERNIZATION           1,591          19,622
WEAPONS.
Cruiser                                  [18,031]
retention--5"/62
Upgrade.
32                 AIRBORNE MINE                  20,607          20,607
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
34                 SPARES AND REPAIR              60,150          60,150
PARTS.
TOTAL WEAPONS          3,117,578       3,173,209
PROCUREMENT,
NAVY.

SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
01                 CARRIER REPLACEMENT           608,195         608,195
PROGRAM.
03                 VIRGINIA CLASS              3,217,601       3,217,601
SUBMARINE.
04                    ADVANCE                    874,878       1,652,878
PROCUREMENT (CY).
Advance                                 [778,000]
procurement.
05                 CVN REFUELING               1,613,392       1,613,392
OVERHAULS.
06                    ADVANCE                     70,010          70,010
PROCUREMENT (CY).
08                 DDG 1000.............         669,222         669,222
09                 DDG 51...............       3,048,658       3,048,658
10                    ADVANCE                    466,283         581,283
PROCUREMENT (CY).
Advance                                 [115,000]
procurement.
11                 LITTORAL COMBAT SHIP.       1,784,959       1,784,959
AMPHIBIOUS SHIPS
15                 JOINT HIGH SPEED              189,196         189,196
VESSEL.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
17                    ADVANCE                    307,300         307,300
PROCUREMENT (CY).
18                 OUTFITTING...........         309,648         309,648
20                 LCAC SLEP............          47,930          47,930
21                 COMPLETION OF PY              372,573         372,573
SHIPBUILDING
PROGRAMS.
TOTAL                 13,579,845      14,472,845
SHIPBUILDING &
CONVERSION, NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
01                 GENERAL PURPOSE BOMBS          27,024          27,024
02                 AIRBORNE ROCKETS, ALL          56,575          56,575
TYPES.
03                 MACHINE GUN                    21,266          21,266
AMMUNITION.
04                 PRACTICE BOMBS.......          34,319          34,319
05                 CARTRIDGES & CART              53,755          53,755
ACTUATED DEVICES.
06                 AIR EXPENDABLE                 61,693          61,693
COUNTERMEASURES.
07                 JATOS................           2,776           2,776
08                 LRLAP 6" LONG RANGE             7,102           7,102
ATTACK PROJECTILE.
09                 5 INCH/54 GUN                  48,320          48,320
AMMUNITION.
10                 INTERMEDIATE CALIBER           25,544          25,544
GUN AMMUNITION.
11                 OTHER SHIP GUN                 41,624          41,624
AMMUNITION.
12                 SMALL ARMS & LANDING           65,893          65,893
PARTY AMMO.
13                 PYROTECHNIC AND                11,176          11,176
DEMOLITION.
14                 AMMUNITION LESS THAN            4,116           4,116
$5 MILLION.
MARINE CORPS
AMMUNITION
15                 SMALL ARMS AMMUNITION          83,733          83,733
16                 LINEAR CHARGES, ALL            24,645          24,645
TYPES.
17                 40MM, ALL TYPES......          16,201          16,201
19                 81MM, ALL TYPES......          13,711           3,711
Excess to need...                       [ 10,000]
20                 120MM, ALL TYPES.....          12,557          12,557
22                 GRENADES, ALL TYPES..           7,634           7,134
Excess to need...                          [ 500]
23                 ROCKETS, ALL TYPES...          27,528          27,528
24                 ARTILLERY, ALL TYPES.          93,065          93,065
25                 DEMOLITION MUNITIONS,           2,047               0
ALL TYPES.
Excess to need...                        [ 2,047]
26                 FUZE, ALL TYPES......           5,297           5,297
27                 NON LETHALS..........           1,362           1,362
28                 AMMO MODERNIZATION...           4,566           4,566
29                 ITEMS LESS THAN $5              6,010           6,010
MILLION.
TOTAL                    759,539         746,992
PROCUREMENT OF
AMMO, NAVY & MC.

OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
01                 LM 2500 GAS TURBINE..          10,658          10,658
02                 ALLISON 501K GAS                8,469           8,469
TURBINE.

[[Page H2955]]

NAVIGATION EQUIPMENT
03                 OTHER NAVIGATION               23,392          23,392
EQUIPMENT.
PERISCOPES
04                 SUB PERISCOPES &               53,809          53,809
IMAGING EQUIP.
OTHER SHIPBOARD
EQUIPMENT
05                 DDG MOD..............         452,371         452,371
06                 FIREFIGHTING                   16,958          16,958
EQUIPMENT.
07                 COMMAND AND CONTROL             2,492           2,492
SWITCHBOARD.
08                 POLLUTION CONTROL              20,707          20,707
EQUIPMENT.
09                 SUBMARINE SUPPORT              12,046          12,046
EQUIPMENT.
10                 VIRGINIA CLASS                 79,870          79,870
SUPPORT EQUIPMENT.
11                 LCS CLASS SUPPORT              19,865          19,865
EQUIPMENT.
12                 SUBMARINE BATTERIES..          41,522          41,522
13                 LPD CLASS SUPPORT              30,543          30,543
EQUIPMENT.
14                 STRATEGIC PLATFORM             16,257          16,257
SUPPORT EQUIP.
15                 DSSP EQUIPMENT.......           3,630           3,630
16                 CG MODERNIZATION.....         101,000         184,972
Cruiser retention                        [83,972]
17                 LCAC.................          16,645          16,645
18                 UNDERWATER EOD                 35,446          35,446
PROGRAMS.
19                 ITEMS LESS THAN $5             65,998          65,998
MILLION.
20                 CHEMICAL WARFARE                4,359           4,359
DETECTORS.
21                 SUBMARINE LIFE                 10,218          10,218
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
22                 REACTOR POWER UNITS..         286,859         286,859
23                 REACTOR COMPONENTS...         278,503         278,503
OCEAN ENGINEERING
24                 DIVING AND SALVAGE              8,998           8,998
EQUIPMENT.
SMALL BOATS
25                 STANDARD BOATS.......          30,131          30,131
TRAINING EQUIPMENT
26                 OTHER SHIPS TRAINING           29,772          29,772
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
27                 OPERATING FORCES IPE.          64,346          64,346
OTHER SHIP SUPPORT
28                 NUCLEAR ALTERATIONS..         154,652         154,652
29                 LCS COMMON MISSION             31,319          31,319
MODULES EQUIPMENT.
30                 LCS MCM MISSION                38,392          38,392
MODULES.
31                 LCS SUW MISSION                32,897          32,897
MODULES.
LOGISTIC SUPPORT
32                 LSD MIDLIFE..........          49,758          49,758
SHIP SONARS
34                 SPQ 9B RADAR.........          19,777          19,777
35                 AN/SQQ 89 SURF ASW             89,201          89,201
COMBAT SYSTEM.
36                 SSN ACOUSTICS........         190,874         190,874
37                 UNDERSEA WARFARE               17,035          17,035
SUPPORT EQUIPMENT.
38                 SONAR SWITCHES AND             13,410          13,410
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
40                 SUBMARINE ACOUSTIC             21,489          21,489
WARFARE SYSTEM.
41                 SSTD.................          10,716          10,716
42                 FIXED SURVEILLANCE             98,896          98,896
SYSTEM.
43                 SURTASS..............           2,774           2,774
44                 MARITIME PATROL AND            18,428          18,428
RECONNAISSANCE FORCE.
ELECTRONIC WARFARE
EQUIPMENT
45                 AN/SLQ 32............          92,270          92,270
RECONNAISSANCE
EQUIPMENT
46                 SHIPBOARD IW EXPLOIT.         107,060         108,185
Cruiser Retention                         [1,125]
47                 AUTOMATED                         914             914
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
48                 SUBMARINE SUPPORT              34,050          34,050
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
49                 COOPERATIVE                    27,881          27,881
ENGAGEMENT
CAPABILITY.
50                 TRUSTED INFORMATION               448             448
SYSTEM (TIS).
51                 NAVAL TACTICAL                 35,732          35,732
COMMAND SUPPORT
SYSTEM (NTCSS).
53                 NAVY COMMAND AND                9,533           9,533
CONTROL SYSTEM
(NCCS).
54                 MINESWEEPING SYSTEM            60,111          60,111
REPLACEMENT.
55                 SHALLOW WATER MCM....           6,950           6,950
56                 NAVSTAR GPS RECEIVERS           9,089           9,089
(SPACE).
57                 AMERICAN FORCES RADIO           7,768           7,768
AND TV SERVICE.
58                 STRATEGIC PLATFORM              3,614           3,614
SUPPORT EQUIP.
TRAINING EQUIPMENT
59                 OTHER TRAINING                 42,911          42,911
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
60                 MATCALS..............           5,861           5,861
61                 SHIPBOARD AIR TRAFFIC           8,362           8,362
CONTROL.
62                 AUTOMATIC CARRIER              15,685          15,685
LANDING SYSTEM.
63                 NATIONAL AIR SPACE             16,919          16,919
SYSTEM.
64                 FLEET AIR TRAFFIC               6,828           6,828
CONTROL SYSTEMS.
65                 LANDING SYSTEMS......           7,646           7,646
66                 ID SYSTEMS...........          35,474          35,474
67                 NAVAL MISSION                   9,958           9,958
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
68                 DEPLOYABLE JOINT                9,064           9,064
COMMAND AND CONT.
69                 MARITIME INTEGRATED            16,026          16,026
BROADCAST SYSTEM.
70                 TACTICAL/MOBILE C4I            11,886          11,886
SYSTEMS.
71                 DCGS-N...............          11,887          11,887
72                 CANES................         341,398         344,848
Cruiser Retention                         [3,450]
73                 RADIAC...............           8,083           8,083
74                 CANES-INTELL.........          79,427          79,427
75                 GPETE................           6,083           6,083
76                 INTEG COMBAT SYSTEM             4,495           4,495
TEST FACILITY.
77                 EMI CONTROL                     4,767           4,767
INSTRUMENTATION.
78                 ITEMS LESS THAN $5             81,755          81,755
MILLION.
SHIPBOARD
COMMUNICATIONS
80                 SHIP COMMUNICATIONS            56,870          58,023
AUTOMATION.
Cruiser Retention                         [1,153]
81                 MARITIME DOMAIN                 1,063           1,063
AWARENESS (MDA).
82                 COMMUNICATIONS ITEMS           28,522          28,522
UNDER $5M.
SUBMARINE
COMMUNICATIONS
83                 SUBMARINE BROADCAST             4,183           4,183
SUPPORT.
84                 SUBMARINE                      69,025          69,025
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
85                 SATELLITE                      49,294          49,294
COMMUNICATIONS
SYSTEMS.
86                 NAVY MULTIBAND                184,825         186,540
TERMINAL (NMT).
Cruiser Retention                         [1,715]
SHORE COMMUNICATIONS
87                 JCS COMMUNICATIONS              2,180           2,180
EQUIPMENT.
88                 ELECTRICAL POWER                1,354           1,354
SYSTEMS.
CRYPTOGRAPHIC
EQUIPMENT
90                 INFO SYSTEMS SECURITY         144,104         144,104
PROGRAM (ISSP).
CRYPTOLOGIC EQUIPMENT
91                 CRYPTOLOGIC                    12,604          12,604
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
92                 COAST GUARD EQUIPMENT           6,680           6,680
SONOBUOYS
95                 SONOBUOYS--ALL TYPES.         104,677         104,677
AIRCRAFT SUPPORT
EQUIPMENT
96                 WEAPONS RANGE SUPPORT          70,753          70,753
EQUIPMENT.
97                 EXPEDITIONARY                   8,678           8,678
AIRFIELDS.
98                 AIRCRAFT REARMING              11,349          11,349
EQUIPMENT.
99                 AIRCRAFT LAUNCH &              82,618          82,618
RECOVERY EQUIPMENT.
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          77,767
EQUIPMENT.
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.

[[Page H2956]]

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          42,981
DECOY SYSTEM.
Cruiser Retention                         [1,238]
Program increase                         [10,000]
for NULKA decoys.
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       6,272,031
PROCUREMENT,
NAVY.

PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
01                 AAV7A1 PIP...........          16,089          16,089
02                 LAV PIP..............         186,216          45,316
Budget adjustment                      [ 140,900]
per USMC.
ARTILLERY AND OTHER
WEAPONS
03                 EXPEDITIONARY FIRE              2,502           2,502
SUPPORT SYSTEM.
04                 155MM LIGHTWEIGHT              17,913          17,913
TOWED HOWITZER.
05                 HIGH MOBILITY                  47,999          47,999
ARTILLERY ROCKET
SYSTEM.
06                 WEAPONS AND COMBAT             17,706          17,706
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
07                 MODIFICATION KITS....          48,040          48,040
08                 WEAPONS ENHANCEMENT             4,537           4,537
PROGRAM.
GUIDED MISSILES
09                 GROUND BASED AIR               11,054          11,054
DEFENSE.
11                 FOLLOW ON TO SMAW....          19,650          19,650
12                 ANTI-ARMOR WEAPONS             20,708          20,708
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
14                 UNIT OPERATIONS                 1,420           1,420
CENTER.
REPAIR AND TEST
EQUIPMENT
15                 REPAIR AND TEST                25,127          25,127
EQUIPMENT.
OTHER SUPPORT (TEL)
16                 COMBAT SUPPORT SYSTEM          25,822          25,822
17                 MODIFICATION KITS....           2,831           2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
18                 ITEMS UNDER $5                  5,498           5,498
MILLION (COMM &
ELEC).
19                 AIR OPERATIONS C2              11,290          11,290
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
20                 RADAR SYSTEMS........         128,079         128,079
21                 RQ 21 UAS............          27,619          27,619
INTELL/COMM EQUIPMENT
(NON-TEL)
22                 FIRE SUPPORT SYSTEM..           7,319           7,319
23                 INTELLIGENCE SUPPORT            7,466           7,466
EQUIPMENT.
25                 RQ 11 UAV............           2,318           2,318
26                 DCGS-MC..............          18,291          18,291
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
29                 NIGHT VISION                   48,084          48,084
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
30                 COMMON COMPUTER               206,708         206,708
RESOURCES.
31                 COMMAND POST SYSTEMS.          35,190          35,190
32                 RADIO SYSTEMS........          89,059          89,059
33                 COMM SWITCHING &               22,500          22,500
CONTROL SYSTEMS.
34                 COMM & ELEC                    42,625          42,625
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
035A               CLASSIFIED PROGRAMS..           2,290           2,290
ADMINISTRATIVE
VEHICLES
35                 COMMERCIAL PASSENGER            2,877           2,877
VEHICLES.
36                 COMMERCIAL CARGO               13,960          13,960
VEHICLES.
TACTICAL VEHICLES
37                 5/4T TRUCK HMMWV                8,052           8,052
(MYP).
38                 MOTOR TRANSPORT                50,269          50,269
MODIFICATIONS.
40                 LOGISTICS VEHICLE              37,262          37,262
SYSTEM REP.
41                 FAMILY OF TACTICAL             48,160          48,160
TRAILERS.
OTHER SUPPORT
43                 ITEMS LESS THAN $5              6,705           6,705
MILLION.
ENGINEER AND OTHER
EQUIPMENT
44                 ENVIRONMENTAL CONTROL          13,576          13,576
EQUIP ASSORT.
45                 BULK LIQUID EQUIPMENT          16,869          16,869
46                 TACTICAL FUEL SYSTEMS          19,108          19,108
47                 POWER EQUIPMENT                56,253          56,253
ASSORTED.
48                 AMPHIBIOUS SUPPORT             13,089          13,089
EQUIPMENT.
49                 EOD SYSTEMS..........          73,699          73,699
MATERIALS HANDLING
EQUIPMENT
50                 PHYSICAL SECURITY               3,510           3,510
EQUIPMENT.
51                 GARRISON MOBILE                11,490          11,490
ENGINEER EQUIPMENT
(GMEE).
52                 MATERIAL HANDLING              20,659          20,659
EQUIP.
53                 FIRST DESTINATION                 132             132
TRANSPORTATION.
GENERAL PROPERTY
54                 FIELD MEDICAL                  31,068          31,068
EQUIPMENT.
55                 TRAINING DEVICES.....          45,895          45,895
56                 CONTAINER FAMILY.....           5,801           5,801
57                 FAMILY OF                      23,939          23,939
CONSTRUCTION
EQUIPMENT.
60                 RAPID DEPLOYABLE                8,365           8,365
KITCHEN.
OTHER SUPPORT
61                 ITEMS LESS THAN $5              7,077           7,077
MILLION.
SPARES AND REPAIR
PARTS
62                 SPARES AND REPAIR               3,190           3,190
PARTS.
TOTAL                  1,622,955       1,482,055
PROCUREMENT,
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
01                 F 35.................       3,124,302       3,124,302
02                    ADVANCE                    293,400         229,400
PROCUREMENT (CY).
Excess advance                          [ 64,000]
procurement.
OTHER AIRLIFT
05                 C 130J...............          68,373          68,373
07                 HC 130J..............         152,212         152,212
09                 MC 130J..............         374,866         374,866
12                 C 27J................                         115,000
C 27J buy-back...                       [115,000]
HELICOPTERS
15                 HH 60 LOSS                     60,596          60,596
REPLACEMENT/RECAP.
17                 CV 22 (MYP)..........         294,220         294,220
18                    ADVANCE                     15,000          15,000
PROCUREMENT (CY).
MISSION SUPPORT
AIRCRAFT
19                 CIVIL AIR PATROL A/C.           2,498           2,498
OTHER AIRCRAFT
24                 TARGET DRONES........         129,866         129,866
26                 RQ 4.................          75,000         180,200

[[Page H2957]]

Sustain current                         [105,200]
force structure.
28                 AC 130J..............         163,970         163,970
30                 MQ 9.................         553,530         712,430
Additional                              [158,900]
aircraft.
31                 RQ 4 BLOCK 40 PROC...          11,654          11,654
STRATEGIC AIRCRAFT
32                 B 2A.................          82,296          82,296
33                 B 1B.................         149,756         149,756
34                 B 52.................           9,781           9,781
35                 LARGE AIRCRAFT                 28,800          28,800
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
36                 A 10.................          89,919          89,919
37                 F 15.................         148,378         148,378
38                 F 16.................           6,896           6,896
39                 F 22A................         283,871         283,871
40                 F 35 MODIFICATIONS...         147,995         147,995
AIRLIFT AIRCRAFT
41                 C 5..................           6,967           6,967
43                 C 5M.................         944,819         944,819
44                    ADVANCE                    175,800         175,800
PROCUREMENT (CY).
46                 C 17A................         205,079         205,079
47                 C 21.................             199             199
48                 C 32A................           1,750           1,750
49                 C 37A................             445             445
TRAINER AIRCRAFT
51                 GLIDER MODS..........             126             126
52                 T 6..................          15,494          15,494
53                 T 1..................             272             272
54                 T 38.................          20,455          20,455
OTHER AIRCRAFT
56                 U 2 MODS.............          44,477          44,477
57                 KC 10A (ATCA)........          46,921          46,921
58                 C 12.................           1,876           1,876
59                 MC 12W...............          17,054          17,054
60                 C 20 MODS............             243             243
61                 VC 25A MOD...........          11,185          11,185
62                 C 40.................             243             243
63                 C 130................          67,853          67,853
65                 C 130J MODS..........          70,555          70,555
66                 C 135................          46,707          46,707
67                 COMPASS CALL MODS....          50,024          50,024
68                 RC 135...............         165,237         165,237
69                 E 3..................         193,099         193,099
70                 E 4..................          47,616          47,616
71                 E 8..................          59,320          59,320
72                 H 1..................           5,449           5,449
73                 H 60.................          26,227          26,227
74                 RQ 4 MODS............           9,257           9,257
75                 HC/MC 130                      22,326          22,326
MODIFICATIONS.
76                 OTHER AIRCRAFT.......          18,832          18,832
77                 MQ 1 MODS............          30,861          30,861
78                 MQ 9 MODS............         238,360         238,360
79                 MQ 9 UAS PAYLOADS....          93,461          93,461
80                 CV 22 MODS...........          23,881          23,881
AIRCRAFT SPARES AND
REPAIR PARTS
81                 INITIAL SPARES/REPAIR         729,691         728,291
PARTS.
Premature request                       [ 23,000]
for deployment
spares packages
for F 35.
Support                                  [21,600]
additional MQ 9
aircraft.
COMMON SUPPORT
EQUIPMENT
82                 AIRCRAFT REPLACEMENT           56,542          56,542
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
83                 A 10.................           5,100           5,100
84                 B 1..................             965             965
86                 B 2A.................          47,580          47,580
88                 KC 10A (ATCA)........          13,100          13,100
89                 C 17A................         181,703         181,703
90                 C 130................          31,830          31,830
91                 C 135................          13,434          13,434
92                 F 15.................           2,363           2,363
93                 F 16.................           8,506           8,506
96                 OTHER AIRCRAFT.......           9,522           9,522
INDUSTRIAL
PREPAREDNESS
97                 INDUSTRIAL                     20,731          20,731
RESPONSIVENESS.
WAR CONSUMABLES
98                 WAR CONSUMABLES......          89,727          89,727
OTHER PRODUCTION
CHARGES
99                 OTHER PRODUCTION              842,392         842,392
CHARGES.
CLASSIFIED PROGRAMS
103A               CLASSIFIED PROGRAMS..          20,164          20,164
TOTAL AIRCRAFT        11,002,999      11,316,699
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
01                 ROCKETS..............           8,927           8,927
CARTRIDGES
02                 CARTRIDGES...........         118,075         118,075
BOMBS
03                 PRACTICE BOMBS.......          32,393          32,393
04                 GENERAL PURPOSE BOMBS         163,467         163,467
05                 JOINT DIRECT ATTACK           101,921         101,921
MUNITION.
FLARE, IR MJU 7B
06                 CAD/PAD..............          43,829          43,829
07                 EXPLOSIVE ORDNANCE              7,515           7,515
DISPOSAL (EOD).
08                 SPARES AND REPAIR               1,003           1,003
PARTS.
09                 MODIFICATIONS........           5,321           5,321
10                 ITEMS LESS THAN $5              5,066           5,066
MILLION.
FUZES
11                 FLARES...............          46,010          46,010
12                 FUZES................          36,444          36,444
SMALL ARMS
13                 SMALL ARMS...........          29,223          29,223
TOTAL                    599,194         599,194
PROCUREMENT OF
AMMUNITION, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
01                 MISSILE REPLACEMENT            56,906          56,906
EQ-BALLISTIC.
TACTICAL
02                 JASSM................         240,399         240,399
03                 SIDEWINDER (AIM 9X)..          88,020          88,020
04                 AMRAAM...............         229,637         244,637
Program increase.                        [15,000]
05                 PREDATOR HELLFIRE              47,675          47,675
MISSILE.
06                 SMALL DIAMETER BOMB..          42,000          42,000
INDUSTRIAL FACILITIES
07                 INDUSTR'L PREPAREDNS/             744             744
POL PREVENTION.
CLASS IV
09                 MM III MODIFICATIONS.          54,794          54,794
10                 AGM 65D MAVERICK.....             271             271
11                 AGM 88A HARM.........          23,240          23,240
12                 AIR LAUNCH CRUISE              13,620          13,620
MISSILE (ALCM).
13                 SMALL DIAMETER BOMB..           5,000           5,000
MISSILE SPARES AND
REPAIR PARTS
14                 INITIAL SPARES/REPAIR          74,373          74,373
PARTS.
SPACE PROGRAMS
15                 ADVANCED EHF.........         557,205         557,205
17                 WIDEBAND GAPFILLER             36,835          36,835
SATELLITES(SPACE).
19                 GPS III SPACE SEGMENT         410,294         410,294
20                    ADVANCE                     82,616          82,616
PROCUREMENT (CY).
21                 SPACEBORNE EQUIP               10,554          10,554
(COMSEC).
22                 GLOBAL POSITIONING             58,147          58,147
(SPACE).
23                 DEF METEOROLOGICAL             89,022          89,022
SAT PROG(SPACE).
24                 EVOLVED EXPENDABLE          1,679,856       1,679,856
LAUNCH VEH(SPACE).
25                 SBIR HIGH (SPACE)....         454,251         454,251
SPECIAL PROGRAMS
30                 SPECIAL UPDATE                138,904         138,904
PROGRAMS.
CLASSIFIED PROGRAMS
030A               CLASSIFIED PROGRAMS..       1,097,483       1,097,483
TOTAL MISSILE          5,491,846       5,506,846
PROCUREMENT, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
01                 PASSENGER CARRYING              1,905           1,905
VEHICLES.
CARGO AND UTILITY
VEHICLES
02                 MEDIUM TACTICAL                18,547          18,547
VEHICLE.
03                 CAP VEHICLES.........             932             932
04                 ITEMS LESS THAN $5              1,699           1,699
MILLION.
SPECIAL PURPOSE
VEHICLES
05                 SECURITY AND TACTICAL          10,850          10,850
VEHICLES.
06                 ITEMS LESS THAN $5              9,246           9,246
MILLION.
FIRE FIGHTING
EQUIPMENT
07                 FIRE FIGHTING/CRASH            23,148          23,148
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
08                 ITEMS LESS THAN $5             18,323          18,323
MILLION.
BASE MAINTENANCE
SUPPORT
09                 RUNWAY SNOW REMOV AND           1,685           1,685
CLEANING EQU.
10                 ITEMS LESS THAN $5             17,014          17,014
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
12                 COMSEC EQUIPMENT.....         166,559         166,559
13                 MODIFICATIONS                   1,133           1,133
(COMSEC).
INTELLIGENCE PROGRAMS
14                 INTELLIGENCE TRAINING           2,749           2,749
EQUIPMENT.
15                 INTELLIGENCE COMM              32,876          32,876
EQUIPMENT.
16                 ADVANCE TECH SENSORS.             877             877
17                 MISSION PLANNING               15,295          15,295
SYSTEMS.
ELECTRONICS PROGRAMS
18                 AIR TRAFFIC CONTROL &          21,984          21,984
LANDING SYS.
19                 NATIONAL AIRSPACE              30,698          30,698
SYSTEM.
20                 BATTLE CONTROL                 17,368          17,368
SYSTEM--FIXED.
21                 THEATER AIR CONTROL            23,483          23,483
SYS IMPROVEMENTS.
22                 WEATHER OBSERVATION            17,864          17,864
FORECAST.
23                 STRATEGIC COMMAND AND          53,995          53,995
CONTROL.

[[Page H2958]]

24                 CHEYENNE MOUNTAIN              14,578          14,578
COMPLEX.
25                 TAC SIGINT SPT.......             208             208
SPCL COMM-ELECTRONICS
PROJECTS
27                 GENERAL INFORMATION            69,743          69,743
TECHNOLOGY.
28                 AF GLOBAL COMMAND &            15,829          15,829
CONTROL SYS.
29                 MOBILITY COMMAND AND           11,023          11,023
CONTROL.
30                 AIR FORCE PHYSICAL             64,521          64,521
SECURITY SYSTEM.
31                 COMBAT TRAINING                18,217          18,217
RANGES.
32                 C3 COUNTERMEASURES...          11,899          11,899
33                 GCSS-AF FOS..........          13,920          13,920
34                 THEATER BATTLE MGT C2           9,365           9,365
SYSTEM.
35                 AIR & SPACE                    33,907          33,907
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
36                 INFORMATION TRANSPORT          52,464          52,464
SYSTEMS.
38                 AFNET................         125,788         125,788
39                 VOICE SYSTEMS........          16,811          16,811
40                 USCENTCOM............          32,138          32,138
DISA PROGRAMS
41                 SPACE BASED IR SENSOR          47,135          47,135
PGM SPACE.
42                 NAVSTAR GPS SPACE....           2,031           2,031
43                 NUDET DETECTION SYS             5,564           5,564
SPACE.
44                 AF SATELLITE CONTROL           44,219          44,219
NETWORK SPACE.
45                 SPACELIFT RANGE               109,545         109,545
SYSTEM SPACE.
46                 MILSATCOM SPACE......          47,592          47,592
47                 SPACE MODS SPACE.....          47,121          47,121
48                 COUNTERSPACE SYSTEM..          20,961          20,961
ORGANIZATION AND BASE
49                 TACTICAL C-E                  126,131         126,131
EQUIPMENT.
50                 COMBAT SURVIVOR                23,707          23,707
EVADER LOCATER.
51                 RADIO EQUIPMENT......          12,757          12,757
52                 CCTV/AUDIOVISUAL               10,716          10,716
EQUIPMENT.
53                 BASE COMM                      74,528          74,528
INFRASTRUCTURE.
MODIFICATIONS
54                 COMM ELECT MODS......          43,507          43,507
PERSONAL SAFETY &
RESCUE EQUIP
55                 NIGHT VISION GOGGLES.          22,693          22,693
56                 ITEMS LESS THAN $5             30,887          30,887
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
57                 MECHANIZED MATERIAL             2,850           2,850
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
58                 BASE PROCURED                   8,387           8,387
EQUIPMENT.
59                 CONTINGENCY                    10,358          10,358
OPERATIONS.
60                 PRODUCTIVITY CAPITAL            3,473           3,473
INVESTMENT.
62                 MOBILITY EQUIPMENT...          14,471          14,471
63                 ITEMS LESS THAN $5              1,894           1,894
MILLION.
SPECIAL SUPPORT
PROJECTS
65                 DARP RC135...........          24,176          24,176
66                 DCGS-AF..............         142,928         142,928
68                 SPECIAL UPDATE                479,446         479,446
PROGRAM.
69                 DEFENSE SPACE                  39,155          39,155
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
069A               CLASSIFIED PROGRAMS..      14,331,312      14,331,312
SPARES AND REPAIR
PARTS
71                 SPARES AND REPAIR              14,663          14,663
PARTS.
TOTAL OTHER           16,720,848      16,720,848
PROCUREMENT, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
42                 MAJOR EQUIPMENT, OSD.          45,938          45,938
43                 MAJOR EQUIPMENT,               17,582          17,582
INTELLIGENCE.
MAJOR EQUIPMENT, NSA
41                 INFORMATION SYSTEMS             6,770           6,770
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
45                 MAJOR EQUIPMENT, WHS.          26,550          26,550
MAJOR EQUIPMENT, DISA
12                 INFORMATION SYSTEMS            12,708          12,708
SECURITY.
14                 GLOBAL COMBAT SUPPORT           3,002           3,002
SYSTEM.
15                 TELEPORT PROGRAM.....          46,992          46,992
16                 ITEMS LESS THAN $5            108,462         108,462
MILLION.
17                 NET CENTRIC                     2,865           2,865
ENTERPRISE SERVICES
(NCES).
18                 DEFENSE INFORMATION           116,906         116,906
SYSTEM NETWORK.
19                 PUBLIC KEY                      1,827           1,827
INFRASTRUCTURE.
21                 CYBER SECURITY                 10,319          10,319
INITIATIVE.
MAJOR EQUIPMENT, DLA
22                 MAJOR EQUIPMENT......           9,575           9,575
MAJOR EQUIPMENT, DSS
26                 MAJOR EQUIPMENT......           2,522           2,522
MAJOR EQUIPMENT, DCAA
02                 ITEMS LESS THAN $5              1,486           1,486
MILLION.
MAJOR EQUIPMENT, TJS
44                 MAJOR EQUIPMENT, TJS.          21,878          21,878
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
30                 THAAD................         460,728         587,728
Procure 12                              [127,000]
additional
interceptors.
31                 AEGIS BMD............         389,626         389,626
32                 BMDS AN/TPY 2 RADARS.         217,244         387,244
Procure                                 [170,000]
additional AN/TPY
2 radar.
33                 RADAR SPARES.........          10,177          10,177
MAJOR EQUIPMENT, DHRA
05                 PERSONNEL                       6,147           6,147
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
27                 VEHICLES.............              50              50
28                 OTHER MAJOR EQUIPMENT          13,096          13,096
MAJOR EQUIPMENT,
DODEA
24                 AUTOMATION/                     1,458           1,458
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
03                 MAJOR EQUIPMENT......           2,129           2,129
MAJOR EQUIPMENT,
DMACT
23                 MAJOR EQUIPMENT......          15,179          15,179
CLASSIFIED PROGRAMS
045A               CLASSIFIED PROGRAMS..         555,787         555,787
AVIATION PROGRAMS
46                 ROTARY WING UPGRADES           74,832          74,832
AND SUSTAINMENT.
48                 MH 60 MODERNIZATION           126,780         126,780
PROGRAM.
49                 NON-STANDARD AVIATION          99,776          36,976
Transfer to Line                        [ 62,800]
051--Mission
Shift.
51                 U 28.................           7,530         116,930
Program increase.                        [46,600]
Transfer from                            [62,800]
Line 049--Mission
Shift.
52                 MH 47 CHINOOK........         134,785         134,785
53                 RQ 11 UNMANNED AERIAL           2,062           2,062
VEHICLE.
54                 CV 22 MODIFICATION...         139,147         139,147
55                 MQ 1 UNMANNED AERIAL            3,963          26,963
VEHICLE.
Program increase.                        [23,000]
56                 MQ 9 UNMANNED AERIAL            3,952          39,352
VEHICLE.
Program increase.                        [35,400]
58                 STUASL0..............          12,945          12,945
59                 PRECISION STRIKE               73,013          73,013
PACKAGE.
60                 AC/MC 130J...........          51,484          51,484
62                 C 130 MODIFICATIONS..          25,248          25,248
63                 AIRCRAFT SUPPORT.....           5,314           5,314
SHIPBUILDING
64                 UNDERWATER SYSTEMS...          23,037          23,037
AMMUNITION PROGRAMS
66                 ORDNANCE                      113,183         113,183
REPLENISHMENT.
67                 ORDNANCE ACQUISITION.          36,981          36,981
OTHER PROCUREMENT
PROGRAMS
68                 COMMUNICATIONS                 99,838         103,738
EQUIPMENT AND
ELECTRONICS.
Program increase.                         [3,900]
69                 INTELLIGENCE SYSTEMS.          71,428          71,428
70                 SMALL ARMS AND                 27,108          27,108
WEAPONS.
71                 DISTRIBUTED COMMON             12,767          12,767
GROUND/SURFACE
SYSTEMS.
74                 COMBATANT CRAFT                42,348          42,348
SYSTEMS.
75                 SPARES AND REPAIR                 600             600
PARTS.
77                 TACTICAL VEHICLES....          37,421          37,421
78                 MISSION TRAINING AND           36,949          41,949
PREPARATION SYSTEMS.
Program increase.                         [5,000]
79                 COMBAT MISSION                 20,255          20,255
REQUIREMENTS.
80                 MILCON COLLATERAL              17,590          17,590
EQUIPMENT.
82                 AUTOMATION SYSTEMS...          66,573          66,573
83                 GLOBAL VIDEO                    6,549           6,549
SURVEILLANCE
ACTIVITIES.
84                 OPERATIONAL                    32,335          32,335
ENHANCEMENTS
INTELLIGENCE.
85                 SOLDIER PROTECTION             15,153          15,153
AND SURVIVAL SYSTEMS.
86                 VISUAL AUGMENTATION            33,920          33,920
LASERS AND SENSOR
SYSTEMS.
87                 TACTICAL RADIO                 75,132          75,132
SYSTEMS.
90                 MISCELLANEOUS                   6,667           6,667
EQUIPMENT.
91                 OPERATIONAL                   217,972         243,272
ENHANCEMENTS.
Program increase.                        [25,300]
92                 MILITARY INFORMATION           27,417          27,417
SUPPORT OPERATIONS.
CBDP

[[Page H2959]]

93                 INSTALLATION FORCE             24,025          24,025
PROTECTION.
94                 INDIVIDUAL PROTECTION          73,720          73,720
95                 DECONTAMINATION......             506             506
96                 JOINT BIO DEFENSE              32,597          32,597
PROGRAM (MEDICAL).
97                 COLLECTIVE PROTECTION           3,144           3,144
98                 CONTAMINATION                 164,886         164,886
AVOIDANCE.
TOTAL                  4,187,935       4,624,135
PROCUREMENT,
DEFENSE-WIDE.

JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
01                 JOINT URGENT                   99,477               0
OPERATIONAL NEEDS
FUND.
Program reduction                       [ 99,477]
TOTAL JOINT               99,477               0
URGENT
OPERATIONAL
NEEDS FUND.

TOTAL                 97,432,379      99,121,919
PROCUREMENT.
------------------------------------------------------------------------

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2013          House
Line                 Item              Request       Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,          ROTARY
ARMY
9                  AH 64 APACHE BLOCK             71,000          71,000
IIIB NEW BUILD.
12                 KIOWA WARRIOR (OH             183,900         183,900
58F) WRA.
15                 CH 47 HELICOPTER.....         231,300         231,300
TOTAL AIRCRAFT           486,200         486,200
PROCUREMENT,
ARMY.

MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
4                  HELLFIRE SYS SUMMARY.          29,100          29,100
ANTI-TANK/ASSAULT
MISSILE SYS
8                  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
36                 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
3                  CTG, HANDGUN, ALL               1,500           1,500
TYPES.
4                  CTG, .50 CAL, ALL              10,000          10,000
TYPES.
7                  CTG, 30MM, ALL TYPES.          80,000          61,000
Pricing                                 [ 19,000]
adjustments for
target practice
round and light-
weight dual
purpose round.
MORTAR AMMUNITION
9                  60MM MORTAR, ALL               14,000          14,000
TYPES.
10                 81MM MORTAR, ALL                6,000           6,000
TYPES.
11                 120MM MORTAR, ALL              56,000          56,000
TYPES.
ARTILLERY AMMUNITION
13                 ARTILLERY CARTRIDGES,          29,956          29,956
75MM AND 105MM, ALL
TYP.
14                 ARTILLERY PROJECTILE,          37,044          37,044
155MM, ALL TYPES.
15                 PROJ 155MM EXTENDED            12,300          12,300
RANGE XM982.
16                 ARTILLERY                      17,000          17,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
17                 MINES & CLEARING               12,000          12,000
CHARGES, ALL TYPES.
ROCKETS
20                 ROCKET, HYDRA 70, ALL          63,635          63,635
TYPES.
OTHER AMMUNITION
23                 SIGNALS, ALL TYPES...          16,858          16,858
MISCELLANEOUS
28                 ITEMS LESS THAN $5              1,200           1,200
MILLION.
TOTAL                    357,493         338,493
PROCUREMENT OF
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
2                  FAMILY OF MEDIUM               28,247          28,247
TACTICAL VEH (FMTV).
4                  FAMILY OF HEAVY                 2,050           2,050
TACTICAL VEHICLES
(FHTV).
11                 HMMWV                         271,000         271,000
RECAPITALIZATION
PROGRAM.
14                 MINE-RESISTANT AMBUSH-        927,400         927,400
PROTECTED (MRAP)
MODS.
COMM--INTELLIGENCE
COMM
52                 RESERVE CA/MISO GPF             8,000           8,000
EQUIPMENT.
COMM--BASE
COMMUNICATIONS
61                 INSTALLATION INFO              25,000          25,000
INFRASTRUCTURE MOD
PROGRAM(.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
69                 DCGS A (MIP).........          90,355          90,355
73                 CI HUMINT AUTO                  6,516           6,516
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
75                 LIGHTWEIGHT COUNTER            27,646          27,646
MORTAR RADAR.
77                 FMLY OF PERSISTENT             52,000          52,000
SURVEILLANCE
CAPABILITIES.
78                 COUNTERINTELLIGENCE/          205,209         205,209
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
92                 MOD OF IN-SVC EQUIP            14,600          14,600
(FIREFINDER RADARS).
99                 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          60,167
SOLDIER SUPPORT
EQUIPMENT.
Rapid equipping                         [ 38,000]
force delayed
execution rates.
TOTAL OTHER            2,015,907       1,977,907
PROCUREMENT,
ARMY.

JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
1                  ATTACK THE NETWORK...         950,500         950,500
JIEDDO DEVICE DEFEAT
2                  DEFEAT THE DEVICE....         400,000         400,000
FORCE TRAINING
3                  TRAIN THE FORCE......         149,500         149,500
STAFF AND
INFRASTRUCTURE
4                  OPERATIONS...........         175,400         402,800
Transfer from                           [227,400]
title 1.
TOTAL JOINT IMPR       1,675,400       1,902,800
EXPLOSIVE DEV
DEFEAT FUND.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
11                 H 1 UPGRADES (UH 1Y/           29,800          29,800
AH 1Z).
MODIFICATION OF
AIRCRAFT
30                 AV 8 SERIES..........          42,238          42,238
32                 F 18 SERIES..........          41,243          41,243
35                 H 53 SERIES..........          15,870          15,870
38                 EP 3 SERIES..........          13,030          13,030

[[Page H2960]]

43                 C 130 SERIES.........          16,737          16,737
48                 SPECIAL PROJECT                 2,714           2,714
AIRCRAFT.
54                 COMMON AVIONICS                   570             570
CHANGES.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
62                 COMMON GROUND                   2,380           2,380
EQUIPMENT.
TOTAL AIRCRAFT           164,582         164,582
PROCUREMENT,
NAVY.

WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
9                  HELLFIRE.............          17,000          17,000
10                 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
1                  GENERAL PURPOSE BOMBS          18,000          18,000
2                  AIRBORNE ROCKETS, ALL          80,200          80,200
TYPES.
3                  MACHINE GUN                    21,500          21,500
AMMUNITION.
6                  AIR EXPENDABLE                 20,303          20,303
COUNTERMEASURES.
11                 OTHER SHIP GUN                    532             532
AMMUNITION.
12                 SMALL ARMS & LANDING            2,643           2,643
PARTY AMMO.
13                 PYROTECHNIC AND                 2,322           2,322
DEMOLITION.
14                 AMMUNITION LESS THAN            6,308           6,308
$5 MILLION.
MARINE CORPS
AMMUNITION
15                 SMALL ARMS AMMUNITION          10,948          10,948
16                 LINEAR CHARGES, ALL             9,940           9,940
TYPES.
17                 40 MM, ALL TYPES.....           5,963           5,963
20                 120MM, ALL TYPES.....          11,605          11,605
21                 CTG 25MM, ALL TYPES..           2,831           2,831
22                 GRENADES, ALL TYPES..           2,359           2,359
23                 ROCKETS, ALL TYPES...           3,051           3,051
24                 ARTILLERY, ALL TYPES.          54,886          54,886
25                 DEMOLITION MUNITIONS,           1,391           1,391
ALL TYPES.
26                 FUZE, ALL TYPES......          30,945          30,945
27                 NON LETHALS..........               8               8
29                 ITEMS LESS THAN $5                 12              12
MILLION.
TOTAL                    285,747         285,747
PROCUREMENT OF
AMMO, NAVY & MC.

OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
70                 TACTICAL/MOBILE C4I             3,603           3,603
SYSTEMS.
AIRCRAFT SUPPORT
EQUIPMENT
97                 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
2                  LAV PIP..............          10,000          10,000
ARTILLERY AND OTHER
WEAPONS
5                  HIGH MOBILITY                 108,860         108,860
ARTILLERY ROCKET
SYSTEM.
GUIDED MISSILES
10                 JAVELIN..............          29,158          29,158
OTHER SUPPORT
13                 MODIFICATION KITS....          41,602          41,602
REPAIR AND TEST
EQUIPMENT
15                 REPAIR AND TEST                13,632          13,632
EQUIPMENT.
OTHER SUPPORT (TEL)
17                 MODIFICATION KITS....           2,831           2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
19                 AIR OPERATIONS C2              15,575          15,575
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
20                 RADAR SYSTEMS........           8,015           8,015
INTELL/COMM EQUIPMENT
(NON-TEL)
23                 INTELLIGENCE SUPPORT           35,310          35,310
EQUIPMENT.
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
29                 NIGHT VISION                      652             652
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
30                 COMMON COMPUTER                19,807          19,807
RESOURCES.
32                 RADIO SYSTEMS........          36,482          36,482
33                 COMM SWITCHING &               41,295          41,295
CONTROL SYSTEMS.
TACTICAL VEHICLES
39                 MEDIUM TACTICAL                10,466          10,466
VEHICLE REPLACEMENT.
41                 FAMILY OF TACTICAL              7,642           7,642
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
45                 BULK LIQUID EQUIPMENT          18,239          18,239
46                 TACTICAL FUEL SYSTEMS          51,359          51,359
47                 POWER EQUIPMENT                20,247          20,247
ASSORTED.
49                 EOD SYSTEMS..........         362,658         362,658
MATERIALS HANDLING
EQUIPMENT
50                 PHYSICAL SECURITY              55,500          55,500
EQUIPMENT.
52                 MATERIAL HANDLING              19,100          19,100
EQUIP.
GENERAL PROPERTY
54                 FIELD MEDICAL                  15,751          15,751
EQUIPMENT.
55                 TRAINING DEVICES.....           3,602           3,602
57                 FAMILY OF                      15,900          15,900
CONSTRUCTION
EQUIPMENT.
TOTAL                    943,683         943,683
PROCUREMENT,
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC AIRCRAFT
35                 LARGE AIRCRAFT                139,800         139,800
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
55                 U 2 MODS.............          46,800          46,800
63                 C 130................          11,400          11,400
67                 COMPASS CALL MODS....          14,000          14,000
68                 RC 135...............           8,000           8,000
75                 HC/MC 130                       4,700           4,700
MODIFICATIONS.
AIRCRAFT SPARES AND
REPAIR PARTS
81                 INITIAL SPARES/REPAIR          21,900          21,900
PARTS.
OTHER PRODUCTION
CHARGES
99                 OTHER PRODUCTION               59,000          59,000
CHARGES.
TOTAL AIRCRAFT           305,600         305,600
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
CARTRIDGES
2                  CARTRIDGES...........          13,592          13,592
BOMBS
4                  GENERAL PURPOSE BOMBS          23,211          23,211
5                  JOINT DIRECT ATTACK            53,923          53,923
MUNITION.
FLARE, IR MJU 7B
6                  CAD/PAD..............           2,638           2,638
10                 ITEMS LESS THAN $5              2,600           2,600
MILLION.
FUZES
11                 FLARES...............          11,726          11,726
12                 FUZES................           8,513           8,513
TOTAL                    116,203         116,203
PROCUREMENT OF
AMMUNITION, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
5                  PREDATOR HELLFIRE              34,350          34,350
MISSILE.
TOTAL MISSILE             34,350          34,350
PROCUREMENT, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
CARGO AND UTILITY
VEHICLES
2                  MEDIUM TACTICAL                 2,010           2,010
VEHICLE.
4                  ITEMS LESS THAN $5              2,675           2,675
MILLION.
SPECIAL PURPOSE
VEHICLES
6                  ITEMS LESS THAN $5              2,557           2,557
MILLION.
MATERIALS HANDLING
EQUIPMENT
8                  ITEMS LESS THAN $5              4,329           4,329
MILLION.
BASE MAINTENANCE
SUPPORT
9                  RUNWAY SNOW REMOV AND             984             984
CLEANING EQU.
10                 ITEMS LESS THAN $5              9,120           9,120
MILLION.
ELECTRONICS PROGRAMS
22                 WEATHER OBSERVATION             5,600           5,600
FORECAST.

[[Page H2961]]

SPCL COMM-ELECTRONICS
PROJECTS
27                 GENERAL INFORMATION            11,157          11,157
TECHNOLOGY.
ORGANIZATION AND BASE
49                 TACTICAL C-E                    7,000           7,000
EQUIPMENT.
53                 BASE COMM                      10,654          10,654
INFRASTRUCTURE.
MODIFICATIONS
54                 COMM ELECT MODS......           8,000           8,000
PERSONAL SAFETY &
RESCUE EQUIP
55                 NIGHT VISION GOGGLES.             902             902
BASE SUPPORT
EQUIPMENT
59                 CONTINGENCY                    60,090          60,090
OPERATIONS.
62                 MOBILITY EQUIPMENT...           9,400           9,400
63                 ITEMS LESS THAN $5              9,175           9,175
MILLION.
CLASSIFIED PROGRAMS
069A               CLASSIFIED PROGRAMS..       2,672,317       2,672,317
SPARES AND REPAIR
PARTS
71                 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
15                 TELEPORT PROGRAM.....           5,260           5,260
CLASSIFIED PROGRAMS
045A               CLASSIFIED PROGRAMS..         126,201         126,201
AVIATION PROGRAMS
61                 MQ 8 UAV.............          16,500          16,500
OTHER PROCUREMENT
PROGRAMS
68                 COMMUNICATIONS                    151             151
EQUIPMENT AND
ELECTRONICS.
69                 INTELLIGENCE SYSTEMS.          30,528          30,528
77                 TACTICAL VEHICLES....           1,843           1,843
82                 AUTOMATION SYSTEMS...           1,000           1,000
86                 VISUAL AUGMENTATION               108             108
LASERS AND SENSOR
SYSTEMS.
91                 OPERATIONAL                    14,758          14,758
ENHANCEMENTS.
TOTAL                    196,349         196,349
PROCUREMENT,
DEFENSE-WIDE.

JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
1                  JOINT URGENT                  100,000          50,000
OPERATIONAL NEEDS
FUND.
Program reduction                       [ 50,000]
TOTAL JOINT              100,000          50,000
URGENT
OPERATIONAL
NEEDS FUND.

NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
999                MISCELLANEOUS                                 500,000
EQUIPMENT.
Program increase.                       [500,000]
TOTAL NATIONAL                           500,000
GUARD & RESERVE
EQUIPMENT.

TOTAL                  9,687,241      10,307,641
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         House
Line    Program Element        Item          Request      Authorized
------------------------------------------------------------------------
................  RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................  BASIC RESEARCH
1   0601101A          IN-HOUSE               20,860          20,860
LABORATORY
INDEPENDENT
RESEARCH.
2   0601102A          DEFENSE RESEARCH      219,180         219,180
SCIENCES.
3   0601103A          UNIVERSITY             80,986          80,986
RESEARCH
INITIATIVES.
4   0601104A          UNIVERSITY AND        123,045         123,045
INDUSTRY
RESEARCH
CENTERS.
................     SUBTOTAL           444,071         444,071
BASIC
RESEARCH.
................
................  APPLIED RESEARCH
5   0602105A          MATERIALS              29,041          39,291
TECHNOLOGY.
................      Advanced                         [10,250]
coating
technologies
for
corrosion
mitigation.
6   0602120A          SENSORS AND            45,260          45,260
ELECTRONIC
SURVIVABILITY.
7   0602122A          TRACTOR HIP.....       22,439          22,439
8   0602211A          AVIATION               51,607          51,607
TECHNOLOGY.
9   0602270A          ELECTRONIC             15,068          15,068
WARFARE
TECHNOLOGY.
10   0602303A          MISSILE                49,383          49,383
TECHNOLOGY.
11   0602307A          ADVANCED WEAPONS       25,999          25,999
TECHNOLOGY.
12   0602308A          ADVANCED               23,507          23,507
CONCEPTS AND
SIMULATION.
13   0602601A          COMBAT VEHICLE         69,062          69,062
AND AUTOMOTIVE
TECHNOLOGY.
14   0602618A          BALLISTICS             60,823          60,823
TECHNOLOGY.
15   0602622A          CHEMICAL, SMOKE         4,465           4,465
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
16   0602623A          JOINT SERVICE           7,169           7,169
SMALL ARMS
PROGRAM.
17   0602624A          WEAPONS AND            35,218          35,218
MUNITIONS
TECHNOLOGY.
18   0602705A          ELECTRONICS AND        60,300          60,300
ELECTRONIC
DEVICES.
19   0602709A          NIGHT VISION           53,244          53,244
TECHNOLOGY.
20   0602712A          COUNTERMINE            18,850          18,850
SYSTEMS.
21   0602716A          HUMAN FACTORS          19,872          19,872
ENGINEERING
TECHNOLOGY.
22   0602720A          ENVIRONMENTAL          20,095          20,095
QUALITY
TECHNOLOGY.
23   0602782A          COMMAND,               28,852          28,852
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
24   0602783A          COMPUTER AND            9,830           9,830
SOFTWARE
TECHNOLOGY.
25   0602784A          MILITARY               70,693          70,693
ENGINEERING
TECHNOLOGY.
26   0602785A          MANPOWER/              17,781          17,781
PERSONNEL/
TRAINING
TECHNOLOGY.
27   0602786A          WARFIGHTER             28,281          28,281
TECHNOLOGY.
28   0602787A          MEDICAL               107,891         107,891
TECHNOLOGY.
................     SUBTOTAL           874,730         884,980
APPLIED
RESEARCH.
................
................  ADVANCED
TECHNOLOGY
DEVELOPMENT
29   0603001A          WARFIGHTER             39,359          39,359
ADVANCED
TECHNOLOGY.
30   0603002A          MEDICAL ADVANCED       69,580          69,580
TECHNOLOGY.
31   0603003A          AVIATION               64,215          64,215
ADVANCED
TECHNOLOGY.
32   0603004A          WEAPONS AND            67,613          67,613
MUNITIONS
ADVANCED
TECHNOLOGY.
33   0603005A          COMBAT VEHICLE        104,359         104,359
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
34   0603006A          COMMAND,                4,157           4,157
CONTROL,
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
35   0603007A          MANPOWER,               9,856           9,856
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
36   0603008A          ELECTRONIC             50,661          50,661
WARFARE
ADVANCED
TECHNOLOGY.
37   0603009A          TRACTOR HIKE....        9,126           9,126
38   0603015A          NEXT GENERATION        17,257          17,257
TRAINING &
SIMULATION
SYSTEMS.

[[Page H2962]]

39   0603020A          TRACTOR ROSE....        9,925           9,925
40   0603105A          MILITARY HIV            6,984           6,984
RESEARCH.
41   0603125A          COMBATING               9,716           9,716
TERRORISM--TECH
NOLOGY
DEVELOPMENT.
42   0603130A          TRACTOR NAIL....        3,487           3,487
43   0603131A          TRACTOR EGGS....        2,323           2,323
44   0603270A          ELECTRONIC             21,683          21,683
WARFARE
TECHNOLOGY.
45   0603313A          MISSILE AND            71,111          71,111
ROCKET ADVANCED
TECHNOLOGY.
46   0603322A          TRACTOR CAGE....       10,902          10,902
47   0603461A          HIGH PERFORMANCE      180,582         180,582
COMPUTING
MODERNIZATION
PROGRAM.
48   0603606A          LANDMINE WARFARE       27,204          27,204
AND BARRIER
ADVANCED
TECHNOLOGY.
49   0603607A          JOINT SERVICE           6,095           6,095
SMALL ARMS
PROGRAM.
50   0603710A          NIGHT VISION           37,217          37,217
ADVANCED
TECHNOLOGY.
51   0603728A          ENVIRONMENTAL          13,626          13,626
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
52   0603734A          MILITARY               28,458          28,458
ENGINEERING
ADVANCED
TECHNOLOGY.
53   0603772A          ADVANCED               25,226          25,226
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
................     SUBTOTAL           890,722         890,722
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................  ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
54   0603305A          ARMY MISSILE           14,505          14,505
DEFENSE SYSTEMS
INTEGRATION.
55   0603308A          ARMY SPACE              9,876           9,876
SYSTEMS
INTEGRATION.
56   0603619A          LANDMINE WARFARE        5,054           5,054
AND BARRIER--
ADV DEV.
57   0603627A          SMOKE, OBSCURANT        2,725           2,725
AND TARGET
DEFEATING SYS--
ADV DEV.
58   0603639A          TANK AND MEDIUM        30,560          30,560
CALIBER
AMMUNITION.
59   0603653A          ADVANCED TANK          14,347          14,347
ARMAMENT SYSTEM
(ATAS).
60   0603747A          SOLDIER SUPPORT        10,073          10,073
AND
SURVIVABILITY.
61   0603766A          TACTICAL                8,660           8,660
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
62   0603774A          NIGHT VISION           10,715          10,715
SYSTEMS
ADVANCED
DEVELOPMENT.
63   0603779A          ENVIRONMENTAL           4,631           4,631
QUALITY
TECHNOLOGY--DEM/
VAL.
64   0603782A          WARFIGHTER            278,018         278,018
INFORMATION
NETWORK-
TACTICAL--DEM/
VAL.
65   0603790A          NATO RESEARCH           4,961           4,961
AND DEVELOPMENT.
66   0603801A          AVIATION--ADV           8,602           8,602
DEV.
67   0603804A          LOGISTICS AND          14,605          14,605
ENGINEER
EQUIPMENT--ADV
DEV.
68   0603805A          COMBAT SERVICE          5,054           5,054
SUPPORT CONTROL
SYSTEM
EVALUATION AND
ANALYSIS.
69   0603807A          MEDICAL SYSTEMS--      24,384          24,384
ADV DEV.
70   0603827A          SOLDIER SYSTEMS--      32,050          32,050
ADVANCED
DEVELOPMENT.
71   0603850A          INTEGRATED                 96              96
BROADCAST
SERVICE.
72   0604115A          TECHNOLOGY             24,868          24,868
MATURATION
INITIATIVES.
73   0604131A          TRACTOR JUTE....           59              59
75   0604319A          INDIRECT FIRE          76,039          76,039
PROTECTION
CAPABILITY
INCREMENT 2
INTERCEPT
(IFPC2).
77   0604785A          INTEGRATED BASE         4,043           4,043
DEFENSE (BUDGET
ACTIVITY 4).
78   0305205A          ENDURANCE UAVS..       26,196          26,196
................     SUBTOTAL           610,121         610,121
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................  SYSTEM
DEVELOPMENT &
DEMONSTRATION
79   0604201A          AIRCRAFT               78,538          78,538
AVIONICS.
80   0604220A          ARMED,                 90,494          90,494
DEPLOYABLE
HELOS.
81   0604270A          ELECTRONIC            181,347         176,347
WARFARE
DEVELOPMENT.
................      Program                          [ 5,000]
adjustment.
83   0604290A          MID-TIER               12,636          12,636
NETWORKING
VEHICULAR RADIO
(MNVR).
84   0604321A          ALL SOURCE              5,694           5,694
ANALYSIS SYSTEM.
85   0604328A          TRACTOR CAGE....       32,095          32,095
86   0604601A          INFANTRY SUPPORT       96,478          93,078
WEAPONS.
................      XM25 funding                     [ 3,400]
ahead of
need.
87   0604604A          MEDIUM TACTICAL         3,006           3,006
VEHICLES.
89   0604611A          JAVELIN.........        5,040           5,040
90   0604622A          FAMILY OF HEAVY         3,077           3,077
TACTICAL
VEHICLES.
91   0604633A          AIR TRAFFIC             9,769           9,769
CONTROL.
92   0604641A          TACTICAL               13,141          13,141
UNMANNED GROUND
VEHICLE (TUGV).
99   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           9,963
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
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.

[[Page H2963]]

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         277,374
AIR AND MISSILE
DEFENSE (AIAMD).
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       2,877,368
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         171,422
PROJECT OFFICE.
................      Program                         [ 19,000]
adjustment.
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.
................      Ahead of                        [ 54,100]
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       1,596,062
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................       TOTAL          8,929,415       8,457,304
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................  RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................  BASIC RESEARCH
1   0601103N          UNIVERSITY            113,690         123,690
RESEARCH
INITIATIVES.
................      Increase                         [10,000]
Defense
University
Research
Instrumentat
ion Program.
2   0601152N          IN-HOUSE               18,261          18,261
LABORATORY
INDEPENDENT
RESEARCH.
3   0601153N          DEFENSE RESEARCH      473,070         473,070
SCIENCES.
003A   0601XXXN          SCIENCE AND                             3,450
TECHNOLOGY.
................      Transfer                          [3,450]
from PE
0205658N.
................     SUBTOTAL           605,021         618,471
BASIC
RESEARCH.
................
................  APPLIED RESEARCH
4   0602114N          POWER PROJECTION       89,189          89,189
APPLIED
RESEARCH.
5   0602123N          FORCE PROTECTION      143,301         143,301
APPLIED
RESEARCH.

[[Page H2964]]

6   0602131M          MARINE CORPS           46,528          46,528
LANDING FORCE
TECHNOLOGY.
7   0602235N          COMMON PICTURE         41,696          41,696
APPLIED
RESEARCH.
8   0602236N          WARFIGHTER             44,127          44,127
SUSTAINMENT
APPLIED
RESEARCH.
9   0602271N          ELECTROMAGNETIC        78,228          78,228
SYSTEMS APPLIED
RESEARCH.
10   0602435N          OCEAN                  49,635          49,635
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
11   0602651M          JOINT NON-LETHAL        5,973           5,973
WEAPONS APPLIED
RESEARCH.
12   0602747N          UNDERSEA WARFARE       96,814          96,814
APPLIED
RESEARCH.
13   0602750N          FUTURE NAVAL          162,417         162,417
CAPABILITIES
APPLIED
RESEARCH.
14   0602782N          MINE AND               32,394          32,394
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
................     SUBTOTAL           790,302         790,302
APPLIED
RESEARCH.
................
................  ADVANCED
TECHNOLOGY
DEVELOPMENT
15   0603114N          POWER PROJECTION       56,543          56,543
ADVANCED
TECHNOLOGY.
16   0603123N          FORCE PROTECTION       18,616          18,616
ADVANCED
TECHNOLOGY.
19   0603271N          ELECTROMAGNETIC        54,858          54,858
SYSTEMS
ADVANCED
TECHNOLOGY.
20   0603640M          USMC ADVANCED         130,598         130,598
TECHNOLOGY
DEMONSTRATION
(ATD).
21   0603651M          JOINT NON-LETHAL       11,706          11,706
WEAPONS
TECHNOLOGY
DEVELOPMENT.
22   0603673N          FUTURE NAVAL          256,382         256,382
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
23   0603729N          WARFIGHTER              3,880           3,880
PROTECTION
ADVANCED
TECHNOLOGY.
25   0603758N          NAVY WARFIGHTING       51,819          51,819
EXPERIMENTS AND
DEMONSTRATIONS.
................     SUBTOTAL           584,402         584,402
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................  ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
28   0603207N          AIR/OCEAN              34,085          34,085
TACTICAL
APPLICATIONS.
29   0603216N          AVIATION                8,783           8,783
SURVIVABILITY.
30   0603237N          DEPLOYABLE JOINT        3,773           3,773
COMMAND AND
CONTROL.
31   0603251N          AIRCRAFT SYSTEMS       24,512          24,512
32   0603254N          ASW SYSTEMS             8,090           8,090
DEVELOPMENT.
33   0603261N          TACTICAL                5,301           5,301
AIRBORNE
RECONNAISSANCE.
34   0603382N          ADVANCED COMBAT         1,506           1,506
SYSTEMS
TECHNOLOGY.
35   0603502N          SURFACE AND           190,622         190,622
SHALLOW WATER
MINE
COUNTERMEASURES.
36   0603506N          SURFACE SHIP           93,346          93,346
TORPEDO DEFENSE.
37   0603512N          CARRIER SYSTEMS       108,871         108,871
DEVELOPMENT.
39   0603525N          PILOT FISH......      101,169         101,169
40   0603527N          RETRACT LARCH...       74,312          74,312
41   0603536N          RETRACT JUNIPER.       90,730          90,730
42   0603542N          RADIOLOGICAL              777             777
CONTROL.
43   0603553N          SURFACE ASW.....        6,704           6,704
44   0603561N          ADVANCED              555,123         929,523
SUBMARINE
SYSTEM
DEVELOPMENT.
................      Program                         [374,400]
increase.
45   0603562N          SUBMARINE               9,368           9,368
TACTICAL
WARFARE SYSTEMS.
46   0603563N          SHIP CONCEPT           24,609          24,609
ADVANCED DESIGN.
47   0603564N          SHIP PRELIMINARY       13,710          13,710
DESIGN &
FEASIBILITY
STUDIES.
48   0603570N          ADVANCED NUCLEAR      249,748         249,748
POWER SYSTEMS.
49   0603573N          ADVANCED SURFACE       29,897          29,897
MACHINERY
SYSTEMS.
50   0603576N          CHALK EAGLE.....      509,988         509,988
51   0603581N          LITTORAL COMBAT       429,420         429,420
SHIP (LCS).
52   0603582N          COMBAT SYSTEM          56,551          56,551
INTEGRATION.
53   0603609N          CONVENTIONAL            7,342           7,342
MUNITIONS.
54   0603611M          MARINE CORPS           95,182          95,182
ASSAULT
VEHICLES.
55   0603635M          MARINE CORPS           10,496          10,496
GROUND COMBAT/
SUPPORT SYSTEM.
56   0603654N          JOINT SERVICE          52,331          52,331
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
57   0603658N          COOPERATIVE            56,512          56,512
ENGAGEMENT.
58   0603713N          OCEAN                   7,029           7,029
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
59   0603721N          ENVIRONMENTAL          21,080          21,080
PROTECTION.
60   0603724N          NAVY ENERGY            55,324          55,324
PROGRAM.
61   0603725N          FACILITIES              3,401           3,401
IMPROVEMENT.
62   0603734N          CHALK CORAL.....       45,966          45,966
63   0603739N          NAVY LOGISTIC           3,811           3,811
PRODUCTIVITY.
64   0603746N          RETRACT MAPLE...      341,305         341,305
65   0603748N          LINK PLUMERIA...      181,220         181,220
66   0603751N          RETRACT ELM.....      174,014         174,014
68   0603764N          LINK EVERGREEN..       68,654          68,654
69   0603787N          SPECIAL                44,487          44,487
PROCESSES.
70   0603790N          NATO RESEARCH           9,389           9,389
AND DEVELOPMENT.
71   0603795N          LAND ATTACK            16,132          16,132
TECHNOLOGY.
72   0603851M          JOINT NON-LETHAL       44,994          44,994
WEAPONS TESTING.
73   0603860N          JOINT PRECISION       137,369         137,369
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
76   0604272N          TACTICAL AIR           73,934          73,934
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
77   0604279N          ASE SELF-                 711             711
PROTECTION
OPTIMIZATION.
78   0604653N          JOINT COUNTER          71,300          71,300
RADIO
CONTROLLED IED
ELECTRONIC
WARFARE (JCREW).
79   0604659N          PRECISION STRIKE        5,654           5,654
WEAPONS
DEVELOPMENT
PROGRAM.
80   0604707N          SPACE AND              31,549          31,549
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
82   0604786N          OFFENSIVE ANTI-        86,801          86,801
SURFACE WARFARE
WEAPON
DEVELOPMENT.
83   0605812M          JOINT LIGHT            44,500          44,500
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
84   0303354N          ASW SYSTEMS            13,172          13,172
DEVELOPMENT--MI
P.
86   0304270N          ELECTRONIC                643             643
WARFARE
DEVELOPMENT--MI
P.
................     SUBTOTAL         4,335,297       4,709,697
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................  SYSTEM
DEVELOPMENT &
DEMONSTRATION
87   0604212N          OTHER HELO             33,978          33,978
DEVELOPMENT.
88   0604214N          AV 8B AIRCRAFT--       32,789          32,789
ENG DEV.
89   0604215N          STANDARDS              84,988          84,988
DEVELOPMENT.

[[Page H2965]]

90   0604216N          MULTI-MISSION           6,866           6,866
HELICOPTER
UPGRADE
DEVELOPMENT.
91   0604218N          AIR/OCEAN               4,060           4,060
EQUIPMENT
ENGINEERING.
92   0604221N          P 3                     3,451           3,451
MODERNIZATION
PROGRAM.
93   0604230N          WARFARE SUPPORT        13,071          13,071
SYSTEM.
94   0604231N          TACTICAL COMMAND       71,645          71,645
SYSTEM.
95   0604234N          ADVANCED HAWKEYE      119,065         119,065
96   0604245N          H 1 UPGRADES....       31,105          31,105
97   0604261N          ACOUSTIC SEARCH        34,299          34,299
SENSORS.
98   0604262N          V 22A...........       54,412          54,412
99   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          63,891
IMPROVEMENTS.
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          47,481
LAUNCHED
AIRBORNE
SURVEILLANCE
AND STRIKE
(UCLASS) SYSTEM.
................       Transfer                       [ 75,000]
from RDN
112 to RDN
167.
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         152,614
DEFENSE
(ENGAGE: SOFT
KILL/EW).
................      Cruiser                           [1,125]
Retention.
131   0604771N          MEDICAL                12,707          12,707
DEVELOPMENT.
132   0604777N          NAVIGATION/ID          47,764          47,764
SYSTEM.
133   0604800M          JOINT STRIKE          737,149         737,149
FIGHTER (JSF)--
EMD.
134   0604800N          JOINT STRIKE          743,926         743,926
FIGHTER (JSF)--
EMD.
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       5,923,357
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         217,282
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
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.

[[Page H2966]]

174   0203761N          RAPID TECHNOLOGY       25,566          25,566
TRANSITION
(RTT).
175   0204136N          F/A 18 SQUADRONS      188,299         188,299
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               0
ASSISTANCE
PROGRAM.
................      Transfer to                      [ 3,450]
Science and
Technology
(RDN 003A).
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       4,247,096
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................       TOTAL         16,882,877      17,718,402
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................  RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................  BASIC RESEARCH
1   0601102F          DEFENSE RESEARCH      361,787         361,787
SCIENCES.
2   0601103F          UNIVERSITY            141,153         141,153
RESEARCH
INITIATIVES.
3   0601108F          HIGH ENERGY            13,094          13,094
LASER RESEARCH
INITIATIVES.
................     SUBTOTAL           516,034         516,034
BASIC
RESEARCH.
................
................  APPLIED RESEARCH
4   0602102F          MATERIALS.......      114,166         114,166
5   0602201F          AEROSPACE             120,719         120,719
VEHICLE
TECHNOLOGIES.
6   0602202F          HUMAN                  89,319          89,319
EFFECTIVENESS
APPLIED
RESEARCH.
7   0602203F          AEROSPACE             232,547         232,547
PROPULSION.
8   0602204F          AEROSPACE             127,637         127,637
SENSORS.
9   0602601F          SPACE TECHNOLOGY       98,375          98,375
10   0602602F          CONVENTIONAL           77,175          77,175
MUNITIONS.
11   0602605F          DIRECTED ENERGY       106,196         106,196
TECHNOLOGY.
12   0602788F          DOMINANT              104,362         104,362
INFORMATION
SCIENCES AND
METHODS.
13   0602890F          HIGH ENERGY            38,557          38,557
LASER RESEARCH.
................     SUBTOTAL         1,109,053       1,109,053
APPLIED
RESEARCH.
................
................  ADVANCED
TECHNOLOGY
DEVELOPMENT
14   0603112F          ADVANCED               47,890          57,890
MATERIALS FOR
WEAPON SYSTEMS.
................      Increase                         [10,000]
Materials
Affordabilit
y Initiative
program.
15   0603199F          SUSTAINMENT             6,565           6,565
SCIENCE AND
TECHNOLOGY
(S&T).
16   0603203F          ADVANCED               37,657          37,657
AEROSPACE
SENSORS.
17   0603211F          AEROSPACE              81,376          81,376
TECHNOLOGY DEV/
DEMO.
18   0603216F          AEROSPACE             151,152         151,152
PROPULSION AND
POWER
TECHNOLOGY.
19   0603270F          ELECTRONIC             32,941          32,941
COMBAT
TECHNOLOGY.
20   0603401F          ADVANCED               64,557          64,557
SPACECRAFT
TECHNOLOGY.

[[Page H2967]]

21   0603444F          MAUI SPACE             29,256          29,256
SURVEILLANCE
SYSTEM (MSSS).
22   0603456F          HUMAN                  21,523          21,523
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
23   0603601F          CONVENTIONAL           36,352          36,352
WEAPONS
TECHNOLOGY.
24   0603605F          ADVANCED WEAPONS       19,004          19,004
TECHNOLOGY.
25   0603680F          MANUFACTURING          37,045          37,045
TECHNOLOGY
PROGRAM.
26   0603788F          BATTLESPACE            31,419          31,419
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
................     SUBTOTAL           596,737         606,737
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................  ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
28   0603260F          INTELLIGENCE            3,866           3,866
ADVANCED
DEVELOPMENT.
29   0603287F          PHYSICAL                3,704           3,704
SECURITY
EQUIPMENT.
30   0603430F          ADVANCED EHF          229,171         227,671
MILSATCOM
(SPACE).
................      Project                          [ 1,500]
decrease.
31   0603432F          POLAR MILSATCOM       120,676         120,676
(SPACE).
32   0603438F          SPACE CONTROL          25,144          23,144
TECHNOLOGY.
................      Project                          [ 2,000]
decrease.
33   0603742F          COMBAT                 32,243          32,243
IDENTIFICATION
TECHNOLOGY.
34   0603790F          NATO RESEARCH           4,507           4,507
AND DEVELOPMENT.
35   0603791F          INTERNATIONAL             652             652
SPACE
COOPERATIVE R&D.
36   0603830F          SPACE PROTECTION       10,429          10,429
PROGRAM (SPP).
37   0603850F          INTEGRATED             19,938          19,938
BROADCAST
SERVICE--DEM/
VAL.
38   0603851F          INTERCONTINENTAL       71,181          71,181
BALLISTIC
MISSILE--DEM/
VAL.
39   0603854F          WIDEBAND GLOBAL        12,027          12,027
SATCOM RDT&E
(SPACE).
40   0603859F          POLLUTION               2,054           2,054
PREVENTION--DEM/
VAL.
41   0603860F          JOINT PRECISION        57,975          57,975
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
42   0604015F          LONG RANGE            291,742         291,742
STRIKE.
43   0604283F          BATTLE MGMT COM       114,417         114,417
& CTRL SENSOR
DEVELOPMENT.
44   0604317F          TECHNOLOGY              2,576           2,576
TRANSFER.
45   0604327F          HARD AND DEEPLY        16,711          16,711
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
47   0604337F          REQUIREMENTS           16,343          16,343
ANALYSIS AND
MATURATION.
48   0604422F          WEATHER                 2,000           2,000
SATELLITE
FOLLOW-ON.
50   0604635F          GROUND ATTACK           9,423           9,423
WEAPONS FUZE
DEVELOPMENT.
54   0604857F          OPERATIONALLY                          25,000
RESPONSIVE
SPACE.
................      Operationall                     [25,000]
y Responsive
Space.
55   0604858F          TECH TRANSITION        37,558          34,558
PROGRAM.
................      Project                          [ 3,000]
decrease.
56   0305164F          NAVSTAR GLOBAL         96,840          96,840
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
................     SUBTOTAL         1,181,177       1,199,677
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................  SYSTEM
DEVELOPMENT &
DEMONSTRATION
58   0603840F          GLOBAL BROADCAST       14,652          14,652
SERVICE (GBS).
59   0604222F          NUCLEAR WEAPONS        25,713          25,713
SUPPORT.
60   0604233F          SPECIALIZED             6,583           6,583
UNDERGRADUATE
FLIGHT TRAINING.
61   0604270F          ELECTRONIC              1,975           1,975
WARFARE
DEVELOPMENT.
62   0604280F          JOINT TACTICAL          2,594           2,594
RADIO.
63   0604281F          TACTICAL DATA          24,534          24,534
NETWORKS
ENTERPRISE.
64   0604287F          PHYSICAL                   51              51
SECURITY
EQUIPMENT.
65   0604329F          SMALL DIAMETER        143,000         143,000
BOMB (SDB)--EMD.
66   0604421F          COUNTERSPACE           28,797          28,797
SYSTEMS.
67   0604425F          SPACE SITUATION       267,252         267,252
AWARENESS
SYSTEMS.
68   0604429F          AIRBORNE                4,118           4,118
ELECTRONIC
ATTACK.
69   0604441F          SPACE BASED           448,594         446,594
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
................      Project                          [ 2,000]
decrease.
70   0604602F          ARMAMENT/               9,951           9,951
ORDNANCE
DEVELOPMENT.
71   0604604F          SUBMUNITIONS....        2,567           2,567
72   0604617F          AGILE COMBAT           13,059          13,059
SUPPORT.
73   0604706F          LIFE SUPPORT            9,720           9,720
SYSTEMS.
74   0604735F          COMBAT TRAINING         9,222           9,222
RANGES.
76   0604750F          INTELLIGENCE              803             803
EQUIPMENT.
77   0604800F          F 35--EMD.......    1,210,306       1,210,306
78   0604851F          INTERCONTINENTAL      135,437         135,437
BALLISTIC
MISSILE--EMD.
79   0604853F          EVOLVED                 7,980           7,980
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
80   0604932F          LONG RANGE              2,004           2,004
STANDOFF WEAPON.
81   0604933F          ICBM FUZE              73,512          73,512
MODERNIZATION.
82   0605213F          F 22                  140,100         140,100
MODERNIZATION
INCREMENT 3.2B.
83   0605221F          NEXT GENERATION     1,815,588       1,815,588
AERIAL
REFUELING
AIRCRAFT.
84   0605229F          CSAR HH 60            123,210         123,210
RECAPITALIZATIO
N.
85   0605278F          HC/MC 130 RECAP        19,039          19,039
RDT&E.
86   0605931F          B 2 DEFENSIVE         281,056         281,056
MANAGEMENT
SYSTEM.
87   0101125F          NUCLEAR WEAPONS        80,200          80,200
MODERNIZATION.
89   0207604F          READINESS                 310             310
TRAINING
RANGES,
OPERATIONS AND
MAINTENANCE.
90   0207701F          FULL COMBAT            14,861          14,861
MISSION
TRAINING.
91   0305230F          MC 12...........       19,949          19,949
92   0401138F          C 27J AIRLIFT                          25,000
SQUADRONS.
................      Joint Cargo                      [25,000]
Aircraft.
93   0401318F          CV 22...........       28,027          28,027
94   0401845F          AIRBORNE SENIOR         1,960           1,960
LEADER C3
(SLC3S).
................     SUBTOTAL         4,966,724       4,989,724
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
................
................  RDT&E MANAGEMENT
SUPPORT
95   0604256F          THREAT SIMULATOR       22,812          22,812
DEVELOPMENT.
96   0604759F          MAJOR T&E              42,236          42,236
INVESTMENT.
97   0605101F          RAND PROJECT AIR       25,579          25,579
FORCE.

[[Page H2968]]

99   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          45,001
PROGRAM (STP).
................      Program                          [34,950]
increase.
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       1,225,299
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           4,316
AND CONTROL
SYSTEM.
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.

[[Page H2969]]

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          64,965
SYSTEM (SPACE).
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             100
AIRCRAFT (LIMA).
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         119,327
INFORMATION
TECHNOLOGY
(LOGIT).
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      15,866,472
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................       TOTAL         25,428,046      25,512,996
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
................
................  RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................  BASIC RESEARCH
1   0601000BR         DTRA BASIC             45,071          45,071
RESEARCH
INITIATIVE.
2   0601101E          DEFENSE RESEARCH      309,051         309,051
SCIENCES.
3   0601110D8Z        BASIC RESEARCH         19,405          19,405
INITIATIVES.
4   0601117E          BASIC                  39,676          39,676
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
5   0601120D8Z        NATIONAL DEFENSE       87,979          87,979
EDUCATION
PROGRAM.
6   0601384BP         CHEMICAL AND           50,566          50,566
BIOLOGICAL
DEFENSE PROGRAM.
................     SUBTOTAL           551,748         551,748
BASIC
RESEARCH.
................
................  APPLIED RESEARCH
7   0602000D8Z        JOINT MUNITIONS        20,615          20,615
TECHNOLOGY.
8   0602115E          BIOMEDICAL            110,900         110,900
TECHNOLOGY.
9   0602228D8Z        HISTORICALLY                           10,000
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
................      Program                          [10,000]
increase.
10   0602234D8Z        LINCOLN                36,826          36,826
LABORATORY
RESEARCH
PROGRAM.
11   0602250D8Z        SYSTEMS 2020            7,898           7,898
APPLIED
RESEARCH.
12   0602303E          INFORMATION &         392,421         392,421
COMMUNICATIONS
TECHNOLOGY.
13   0602304E          COGNITIVE              30,424          30,424
COMPUTING
SYSTEMS.
15   0602383E          BIOLOGICAL             19,236          19,236
WARFARE DEFENSE.
16   0602384BP         CHEMICAL AND          223,269         223,269
BIOLOGICAL
DEFENSE PROGRAM.
17   0602663D8Z        DATA TO                13,753          13,753
DECISIONS
APPLIED
RESEARCH.
18   0602668D8Z        CYBER SECURITY         18,985          18,985
RESEARCH.
19   0602670D8Z        HUMAN, SOCIAL           6,771           6,771
AND CULTURE
BEHAVIOR
MODELING (HSCB)
APPLIED
RESEARCH.
20   0602702E          TACTICAL              233,209         233,209
TECHNOLOGY.
21   0602715E          MATERIALS AND         166,067         166,067
BIOLOGICAL
TECHNOLOGY.
22   0602716E          ELECTRONICS           222,416         222,416
TECHNOLOGY.
23   0602718BR         WEAPONS OF MASS       172,352         172,352
DESTRUCTION
DEFEAT
TECHNOLOGIES.
24   1160401BB         SPECIAL                28,739          28,739
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
................     SUBTOTAL         1,703,881       1,713,881
APPLIED
RESEARCH.
................
................  ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
25   0603000D8Z        JOINT MUNITIONS        25,612          25,612
ADVANCED
TECHNOLOGY.
26   0603121D8Z        SO/LIC ADVANCED        26,324          26,324
DEVELOPMENT.
27   0603122D8Z        COMBATING              77,144          77,144
TERRORISM
TECHNOLOGY
SUPPORT.
28   0603160BR         COUNTERPROLIFERA      275,022         275,022
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
29   0603175C          BALLISTIC              79,975          79,975
MISSILE DEFENSE
TECHNOLOGY.

[[Page H2970]]

31   0603225D8Z        JOINT DOD-DOE          20,032          20,032
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
32   0603264S          AGILE                   3,892           3,892
TRANSPORTATION
FOR THE 21ST
CENTURY (AT21)--
THEATER
CAPABILITY.
33   0603274C          SPECIAL PROGRAM--      36,685          36,685
MDA TECHNOLOGY.
34   0603286E          ADVANCED              174,316         149,316
AEROSPACE
SYSTEMS.
................      Program                         [ 25,000]
decrease.
35   0603287E          SPACE PROGRAMS        159,704         159,704
AND TECHNOLOGY.
36   0603384BP         CHEMICAL AND          234,280         234,280
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
37   0603618D8Z        JOINT ELECTRONIC        6,983           6,983
ADVANCED
TECHNOLOGY.
38   0603648D8Z        JOINT CAPABILITY      158,263         158,263
TECHNOLOGY
DEMONSTRATIONS.
39   0603662D8Z        NETWORKED              25,393          25,393
COMMUNICATIONS
CAPABILITIES.
40   0603663D8Z        DATA TO                13,754          13,754
DECISIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
42   0603668D8Z        CYBER SECURITY         19,935          19,935
ADVANCED
RESEARCH.
43   0603670D8Z        HUMAN, SOCIAL           8,235           8,235
AND CULTURE
BEHAVIOR
MODELING (HSCB)
ADVANCED
DEVELOPMENT.
44   0603680D8Z        DEFENSE-WIDE           21,966          21,966
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
45   0603699D8Z        EMERGING               24,662          24,662
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
47   0603712S          GENERIC                24,605          24,605
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
48   0603713S          DEPLOYMENT AND         30,678          30,678
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.
49   0603716D8Z        STRATEGIC              65,282          65,282
ENVIRONMENTAL
RESEARCH
PROGRAM.
50   0603720S          MICROELECTRONICS       72,234          82,234
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
................      Program                          [10,000]
increase.
51   0603727D8Z        JOINT                   8,403           8,403
WARFIGHTING
PROGRAM.
52   0603739E          ADVANCED              111,008         111,008
ELECTRONICS
TECHNOLOGIES.
54   0603760E          COMMAND, CONTROL      237,859         212,859
AND
COMMUNICATIONS
SYSTEMS.
................      Program                         [ 25,000]
reduction.
55   0603765E          CLASSIFIED DARPA        3,000           3,000
PROGRAMS.
56   0603766E          NETWORK-CENTRIC       236,883         236,883
WARFARE
TECHNOLOGY.
57   0603767E          SENSOR                299,438         299,438
TECHNOLOGY.
58   0603769SE         DISTRIBUTED            12,195          12,195
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
59   0603781D8Z        SOFTWARE               30,036          30,036
ENGINEERING
INSTITUTE.
60   0603826D8Z        QUICK REACTION        107,002         107,002
SPECIAL
PROJECTS.
62   0603828J          JOINT                  21,230          21,230
EXPERIMENTATION.
63   0603832D8Z        DOD MODELING AND       47,433          47,433
SIMULATION
MANAGEMENT
OFFICE.
64   0603901C          DIRECTED ENERGY        46,944          76,944
RESEARCH.
................      Program                          [30,000]
increase.
65   0603902C          NEXT GENERATION       224,077         224,077
AEGIS MISSILE.
66   0603941D8Z        TEST &                 92,602          92,602
EVALUATION
SCIENCE &
TECHNOLOGY.
68   0604055D8Z        OPERATIONAL            26,244          26,244
ENERGY
CAPABILITY
IMPROVEMENT.
69   0303310D8Z        CWMD SYSTEMS....       53,946          53,946
70   1160402BB         SPECIAL                45,317          45,317
OPERATIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
71   1160422BB         AVIATION                  861             861
ENGINEERING
ANALYSIS.
72   1160472BB         SOF INFORMATION         4,959           4,959
AND BROADCAST
SYSTEMS
ADVANCED
TECHNOLOGY.
................     SUBTOTAL         3,194,413       3,184,413
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
................
................  ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
73   0603161D8Z        NUCLEAR AND            33,234          33,234
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
74   0603527D8Z        RETRACT LARCH...       21,023          21,023
75   0603600D8Z        WALKOFF.........       94,624          94,624
77   0603714D8Z        ADVANCED SENSOR        16,958          16,958
APPLICATIONS
PROGRAM.
78   0603851D8Z        ENVIRONMENTAL          75,941          75,941
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
79   0603881C          BALLISTIC             316,929         316,929
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
80   0603882C          BALLISTIC             903,172       1,363,172
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
................      East Coast                      [103,000]
site
planning and
development,
and EIS work.
................      Program                         [357,000]
increase.
81   0603884BP         CHEMICAL AND          179,023         179,023
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
82   0603884C          BALLISTIC             347,012         347,012
MISSILE DEFENSE
SENSORS.
84   0603890C          BMD ENABLING          362,711         362,711
PROGRAMS.
85   0603891C          SPECIAL               272,387         272,387
PROGRAMS--MDA.
86   0603892C          AEGIS BMD.......      992,407         992,407
87   0603893C          SPACE TRACKING &       51,313          51,313
SURVEILLANCE
SYSTEM.
88   0603895C          BALLISTIC               6,912           6,912
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
89   0603896C          BALLISTIC             366,552         366,552
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT &
COMMUNICATION.
90   0603898C          BALLISTIC              55,550          55,550
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
91   0603904C          MISSILE DEFENSE        63,043          63,043
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
92   0603906C          REGARDING TRENCH       11,371          11,371
93   0603907C          SEA BASED X-BAND        9,730           9,730
RADAR (SBX).
94   0603913C          ISRAELI                99,836         267,836
COOPERATIVE
PROGRAMS.
................      Increase to                     [168,000]
DSWS, ASIP,
Arrow-3
cooperative
programs.
95   0603914C          BALLISTIC             454,400         454,400
MISSILE DEFENSE
TEST.
96   0603915C          BALLISTIC             435,747         435,747
MISSILE DEFENSE
TARGETS.
97   0603920D8Z        HUMANITARIAN           13,231          13,231
DEMINING.
98   0603923D8Z        COALITION              11,398          11,398
WARFARE.
99   0604016D8Z        DEPARTMENT OF           3,283           3,283
DEFENSE
CORROSION
PROGRAM.
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.
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          50,000
TRACKING SPACE
SENSOR RDT&E.
................      Project                        [ 247,375]
decrease to
support
technology
development.
111   0604886C          ADVANCED REMOTE        58,742          58,742
SENSOR
TECHNOLOGY
(ARST).
113   0303191D8Z        JOINT                   3,158           3,158
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
................     SUBTOTAL         6,282,166       6,662,791
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.

[[Page H2971]]

................
................  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)--CRITIC          840             840
AL 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          15,110
AND EVALUATION.
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         887,928
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         241,452
SYSTEMS
SECURITY
PROGRAM.
................      Program                          [50,000]
increase.
211   0303150K          GLOBAL COMMAND         36,575          46,575
AND CONTROL
SYSTEM.
................      Program                          [10,000]
increase.
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

[[Page H2972]]

232   0305208BB         DISTRIBUTED             7,114           7,714
COMMON GROUND/
SURFACE SYSTEMS.
................      Program                             [600]
increase.
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          61,405
SYSTEMS.
................      Program                          [35,000]
increase.
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       3,774,416
PROGRAMS.
................      Program                          [19,900]
increases.
................     SUBTOTAL         4,667,738       4,783,238
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................       TOTAL         17,982,161      18,478,286
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
................
................  OPERATIONAL TEST
& EVAL, DEFENSE
................  RDT&E MANAGEMENT
SUPPORT
1   0605118OTE        OPERATIONAL TEST       72,501         107,501
AND EVALUATION.
................      Program                          [25,000]
increase for
DOT&E cyber--
range
operations.
................      Program                          [10,000]
increase for
DOT&E cyber--
threat
development
and
assessment.
2   0605131OTE        LIVE FIRE TEST         49,201          49,201
AND EVALUATION.
3   0605814OTE        OPERATIONAL TEST       63,566          63,566
ACTIVITIES AND
ANALYSES.
................     SUBTOTAL           185,268         220,268
RDT&E
MANAGEMENT
SUPPORT.
................
................       TOTAL            185,268         220,268
OPERATIONAL
TEST &
EVAL,
DEFENSE.
................
................       TOTAL         69,407,767      70,387,256
RESEARCH,
DEVELOPMENT
, TEST AND
EVALUATION.
------------------------------------------------------------------------

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
Line    Program Element        Item          Request      Authorized
------------------------------------------------------------------------
RESEARCH,         ADVANCED
DEVELOPMENT,      COMPONENT
TEST & EVAL,      DEVELOPMENT &
ARMY              PROTOTYPES
60   0603747A          SOLDIER SUPPORT        19,860          19,860
AND
SURVIVABILITY.
................     SUBTOTAL            19,860          19,860
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................       TOTAL             19,860          19,860
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
RESEARCH,         ADVANCED
DEVELOPMENT,      COMPONENT
TEST & EVAL,      DEVELOPMENT &
NAVY              PROTOTYPES
56   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.
................

[[Page H2973]]

RESEARCH,         OPERATIONAL
DEVELOPMENT,      SYSTEMS
TEST & EVAL, AF   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.
................
................  APPLIED RESEARCH
9   0602228D8Z        HISTORICALLY                           10,000
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
................      Program                          [10,000]
increase.
................     SUBTOTAL                            10,000
APPLIED
RESEARCH.
................
................  ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
27   0603122D8Z        COMBATING                              25,000
TERRORISM
TECHNOLOGY
SUPPORT.
................      Program                          [25,000]
increase.
................     SUBTOTAL                            25,000
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
ADVANCED
COMPONENT
DEVELOPMENT &
PROTYPES
94   0603913C          ISRAELI                               680,000
COOPERATIVE
PROGRAMS.
................      Iron Dome...                    [680,000]
102   0604775D8Z        DEFENSE RAPID                         200,000
INNOVATION
PROGRAM.
................      Program                         [200,000]
increase.
................     SUBTOTAL                           880,000
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................  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       1,027,387
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
................
................       TOTAL RDT&E      245,516       1,160,516
------------------------------------------------------------------------

TITLE XLIII--OPERATION AND MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013          House
Line                                     Item                                     Request       Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
10   MANEUVER UNITS.....................................................       1,223,087       1,223,087
20   MODULAR SUPPORT BRIGADES...........................................          80,574          80,574
30   ECHELONS ABOVE BRIGADE.............................................         723,039         723,039
40   THEATER LEVEL ASSETS...............................................         706,974         706,974
50   LAND FORCES OPERATIONS SUPPORT.....................................       1,226,650       1,226,650
60   AVIATION ASSETS....................................................       1,319,832       1,319,832
70   FORCE READINESS OPERATIONS SUPPORT.................................       3,447,174       3,447,174
80   LAND FORCES SYSTEMS READINESS......................................         454,774         454,774
90   LAND FORCES DEPOT MAINTENANCE......................................       1,762,757       1,762,757
100   BASE OPERATIONS SUPPORT............................................       7,401,613       7,401,613
110   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................       3,041,074       3,234,674
Realignment to Cemeterial Expenses, Army.......................                       [ 25,000]
Restoration and Modernization of Facilities....................                       [218,600]
120   MANAGEMENT AND OPERATIONAL HQ'S....................................         410,171         410,171
130   COMBATANT COMMANDERS CORE OPERATIONS...............................         177,819         177,819
170   COMBATANT COMMANDERS ANCILLARY MISSIONS............................         461,333         461,333
SUBTOTAL OPERATING FORCES......................................      22,436,871      22,630,471

MOBILIZATION
180   STRATEGIC MOBILITY.................................................         405,496         405,496
190   ARMY PREPOSITIONING STOCKS.........................................         195,349         195,349
200   INDUSTRIAL PREPAREDNESS............................................           6,379           6,379
SUBTOTAL MOBILIZATION..........................................         607,224         607,224

[[Page H2974]]

TRAINING AND RECRUITING
210   OFFICER ACQUISITION................................................         112,866         112,866
220   RECRUIT TRAINING...................................................          73,265          73,265
230   ONE STATION UNIT TRAINING..........................................          51,227          51,227
240   SENIOR RESERVE OFFICERS TRAINING CORPS.............................         443,306         443,306
250   SPECIALIZED SKILL TRAINING.........................................       1,099,556       1,099,556
260   FLIGHT TRAINING....................................................       1,130,627       1,130,627
270   PROFESSIONAL DEVELOPMENT EDUCATION.................................         191,683         191,683
280   TRAINING SUPPORT...................................................         652,095         652,095
290   RECRUITING AND ADVERTISING.........................................         507,510         507,510
300   EXAMINING..........................................................         156,964         156,964
310   OFF-DUTY AND VOLUNTARY EDUCATION...................................         244,343         244,343
320   CIVILIAN EDUCATION AND TRAINING....................................         212,477         212,477
330   JUNIOR ROTC........................................................         182,691         182,691
SUBTOTAL TRAINING AND RECRUITING...............................       5,058,610       5,058,610

ADMIN & SRVWIDE ACTIVITIES
350   SERVICEWIDE TRANSPORTATION.........................................         601,331         601,331
360   CENTRAL SUPPLY ACTIVITIES..........................................         741,324         741,324
370   LOGISTIC SUPPORT ACTIVITIES........................................         610,136         610,136
380   AMMUNITION MANAGEMENT..............................................         478,707         478,707
390   ADMINISTRATION.....................................................         556,307         556,307
400   SERVICEWIDE COMMUNICATIONS.........................................       1,547,925       1,547,925
410   MANPOWER MANAGEMENT................................................         362,205         362,205
420   OTHER PERSONNEL SUPPORT............................................         220,754         220,754
430   OTHER SERVICE SUPPORT..............................................       1,153,556       1,150,509
Army Museum Funding (Early to need)............................                        [ 3,047]
440   ARMY CLAIMS ACTIVITIES.............................................         250,970         250,970
450   REAL ESTATE MANAGEMENT.............................................         222,351         222,351
460   BASE OPERATIONS SUPPORT............................................         222,379         222,379
470   SUPPORT OF NATO OPERATIONS.........................................         459,710         459,710
480   MISC. SUPPORT OF OTHER NATIONS.....................................          25,637          25,637
490   CLASSIFIED PROGRAMS................................................       1,052,595       1,052,595
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES............................       8,505,887       8,502,840

UNDISTRIBUTED ADJUSTMENTS
500   UNDISTRIBUTED ADJUSTMENTS..........................................                         350,700
Army Medical Evacuation Paramedic Certification Training.......                         [5,000]
Historical unobligated balances................................                      [ 289,200]
Overestimate of Foreign Currency Fluctuation Costs.............                       [ 66,500]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                         350,700

TOTAL OPERATION & MAINTENANCE, ARMY...........................      36,608,592      36,448,445

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
10   MISSION AND OTHER FLIGHT OPERATIONS................................       4,918,144       4,927,144
Cruiser Retention..............................................                         [9,000]
20   FLEET AIR TRAINING.................................................       1,886,825       1,886,825
30   AVIATION TECHNICAL DATA & ENGINEERING SERVICES.....................          44,032          44,032
40   AIR OPERATIONS AND SAFETY SUPPORT..................................         101,565         101,565
50   AIR SYSTEMS SUPPORT................................................         374,827         374,827
60   AIRCRAFT DEPOT MAINTENANCE.........................................         960,802         960,802
70   AIRCRAFT DEPOT OPERATIONS SUPPORT..................................          37,545          37,545
80   AVIATION LOGISTICS.................................................         328,805         328,805
90   MISSION AND OTHER SHIP OPERATIONS..................................       4,686,535       4,711,185
Cruiser Retention..............................................                        [24,650]
100   SHIP OPERATIONS SUPPORT & TRAINING.................................         769,204         769,204
110   SHIP DEPOT MAINTENANCE.............................................       5,089,981       5,157,944
Cruiser Retention..............................................                        [67,963]
120   SHIP DEPOT OPERATIONS SUPPORT......................................       1,315,366       1,329,237
Cruiser Retention..............................................                        [13,871]
130   COMBAT COMMUNICATIONS..............................................         619,909         619,909
140   ELECTRONIC WARFARE.................................................          92,364          92,364
150   SPACE SYSTEMS AND SURVEILLANCE.....................................         174,437         174,437
160   WARFARE TACTICS....................................................         441,035         441,035
170   OPERATIONAL METEOROLOGY AND OCEANOGRAPHY...........................         333,554         333,554
180   COMBAT SUPPORT FORCES..............................................         910,087         910,087
190   EQUIPMENT MAINTENANCE..............................................         167,158         167,158
200   DEPOT OPERATIONS SUPPORT...........................................           4,183           4,183
210   COMBATANT COMMANDERS CORE OPERATIONS...............................          95,528          95,528
220   COMBATANT COMMANDERS DIRECT MISSION SUPPORT........................         204,569         204,569
230   CRUISE MISSILE.....................................................         111,884         111,884

[[Page H2975]]

240   FLEET BALLISTIC MISSILE............................................       1,181,038       1,181,038
250   IN-SERVICE WEAPONS SYSTEMS SUPPORT.................................          87,606          87,606
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 MODERNIZATION.........................       2,101,279       2,155,879
Restoration and Modernization of Facilities....................                        [54,600]
300   BASE OPERATING SUPPORT.............................................       4,822,093       4,822,093
SUBTOTAL OPERATING FORCES......................................      33,758,297      33,928,381

MOBILIZATION
310   SHIP PREPOSITIONING AND SURGE......................................         334,659         334,659
320   AIRCRAFT ACTIVATIONS/INACTIVATIONS.................................           6,562           6,562
330   SHIP ACTIVATIONS/INACTIVATIONS.....................................       1,066,329         587,329
Cruiser Retention..............................................                        [ 9,000]
Fiscal year 2013 portion of USS ENTERPRISE Inactivation Costs..                      [ 470,000]
340   EXPEDITIONARY HEALTH SERVICES SYSTEMS..............................          83,901          83,901
350   INDUSTRIAL READINESS...............................................           2,695           2,695
360   COAST GUARD SUPPORT................................................          23,502          23,502
SUBTOTAL MOBILIZATION..........................................       1,517,648       1,038,648

TRAINING AND RECRUITING
370   OFFICER ACQUISITION................................................         147,807         147,807
380   RECRUIT TRAINING...................................................          10,473          10,473
390   RESERVE OFFICERS TRAINING CORPS....................................         139,220         139,220
400   SPECIALIZED SKILL TRAINING.........................................         582,177         582,177
410   FLIGHT TRAINING....................................................           5,456           5,456
420   PROFESSIONAL DEVELOPMENT EDUCATION.................................         170,746         170,746
430   TRAINING SUPPORT...................................................         153,403         153,403
440   RECRUITING AND ADVERTISING.........................................         241,329         242,267
Naval Sea Cadet Corps..........................................                           [938]
450   OFF-DUTY AND VOLUNTARY EDUCATION...................................         108,226         108,226
460   CIVILIAN EDUCATION AND TRAINING....................................         105,776         105,776
470   JUNIOR ROTC........................................................          51,817          51,817
SUBTOTAL TRAINING AND RECRUITING...............................       1,716,430       1,717,368

ADMIN & SRVWD ACTIVITIES
480   ADMINISTRATION.....................................................         797,177         797,177
490   EXTERNAL RELATIONS.................................................          12,872          12,872
500   CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT.........................         120,181         120,181
510   MILITARY MANPOWER AND PERSONNEL MANAGEMENT.........................         235,753         235,753
520   OTHER PERSONNEL SUPPORT............................................         263,060         263,060
530   SERVICEWIDE COMMUNICATIONS.........................................         363,213         363,213
550   SERVICEWIDE TRANSPORTATION.........................................         182,343         182,343
570   PLANNING, ENGINEERING AND DESIGN...................................         282,464         282,464
580   ACQUISITION AND PROGRAM MANAGEMENT.................................       1,092,123       1,092,123
590   HULL, MECHANICAL AND ELECTRICAL SUPPORT............................          53,560          53,560
600   COMBAT/WEAPONS SYSTEMS.............................................          25,299          25,299
610   SPACE AND ELECTRONIC WARFARE SYSTEMS...............................          64,418          64,418
620   NAVAL INVESTIGATIVE SERVICE........................................         580,042         580,042
680   INTERNATIONAL HEADQUARTERS AND AGENCIES............................           4,984           4,984
710   CLASSIFIED PROGRAMS................................................         537,079         537,079
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................       4,614,568       4,614,568

UNDISTRIBUTED ADJUSTMENTS
720   UNDISTRIBUTED ADJUSTMENTS..........................................                         166,400
Historical unobligated balances................................                      [ 166,400]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                         166,400

TOTAL OPERATION & MAINTENANCE, NAVY...........................      41,606,943      41,132,565

OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
10   OPERATIONAL FORCES.................................................         788,055         788,055
20   FIELD LOGISTICS....................................................         762,614         762,614
30   DEPOT MAINTENANCE..................................................         168,447         168,447
40   MARITIME PREPOSITIONING............................................         100,374         100,374
50   SUSTAINMENT, RESTORATION & MODERNIZATION...........................         825,039         847,839
Restoration and Modernization of Facilities....................                        [22,800]
60   BASE OPERATING SUPPORT.............................................       2,188,883       2,188,883
SUBTOTAL OPERATING FORCES......................................       4,833,412       4,856,212

TRAINING AND RECRUITING
70   RECRUIT TRAINING...................................................          18,251          18,251

[[Page H2976]]

80   OFFICER ACQUISITION................................................             869             869
90   SPECIALIZED SKILL TRAINING.........................................          80,914          80,914
100   PROFESSIONAL DEVELOPMENT EDUCATION.................................          42,744          42,744
110   TRAINING SUPPORT...................................................         292,150         292,150
120   RECRUITING AND ADVERTISING.........................................         168,609         178,609
Recruiting and advertising.....................................                        [10,000]
130   OFF-DUTY AND VOLUNTARY EDUCATION...................................          56,865          56,865
140   JUNIOR ROTC........................................................          19,912          19,912
SUBTOTAL TRAINING AND RECRUITING...............................         680,314         690,314

ADMIN & SRVWD ACTIVITIES
150   SERVICEWIDE TRANSPORTATION.........................................          39,962          39,962
170   ACQUISITION AND PROGRAM MANAGEMENT.................................          83,404          83,404
190   CLASSIFIED PROGRAMS................................................         346,071         346,071
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................         469,437         469,437

UNDISTRIBUTED ADJUSTMENTS
200   UNDISTRIBUTED ADJUSTMENTS..........................................                          23,900
Historical unobligated balances................................                       [ 23,900]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                          23,900

TOTAL OPERATION & MAINTENANCE, MARINE CORPS...................       5,983,163       5,992,063

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
10   PRIMARY COMBAT FORCES..............................................       2,973,141       2,973,141
20   COMBAT ENHANCEMENT FORCES..........................................       1,611,032       1,744,032
Global Hawk Block 30...........................................                       [133,000]
30   AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).....................       1,472,806       1,472,806
40   DEPOT MAINTENANCE..................................................       5,545,470       5,545,470
50   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................       1,353,987       1,569,487
Restoration and Modernization of Facilities....................                       [215,500]
60   BASE SUPPORT.......................................................       2,595,032       2,595,032
70   GLOBAL C3I AND EARLY WARNING.......................................         957,040         957,040
80   OTHER COMBAT OPS SPT PROGRAMS......................................         916,200         916,200
100   TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES........................         733,716         733,716
110   LAUNCH FACILITIES..................................................         314,490         314,490
120   SPACE CONTROL SYSTEMS..............................................         488,762         488,762
130   COMBATANT COMMANDERS DIRECT MISSION SUPPORT........................         862,979         862,979
140   COMBATANT COMMANDERS CORE OPERATIONS...............................         222,429         222,429
SUBTOTAL OPERATING FORCES......................................      20,047,084      20,395,584

MOBILIZATION
150   AIRLIFT OPERATIONS.................................................       1,785,379       1,785,379
160   MOBILIZATION PREPAREDNESS..........................................         154,049         154,049
170   DEPOT MAINTENANCE..................................................       1,477,396       1,477,396
180   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         309,699         309,699
190   BASE SUPPORT.......................................................         707,574         707,574
SUBTOTAL MOBILIZATION..........................................       4,434,097       4,434,097

TRAINING AND RECRUITING
200   OFFICER ACQUISITION................................................         115,427         115,427
210   RECRUIT TRAINING...................................................          17,619          17,619
220   RESERVE OFFICERS TRAINING CORPS (ROTC).............................          92,949          92,949
230   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         336,433         336,433
240   BASE SUPPORT.......................................................         842,441         842,441
250   SPECIALIZED SKILL TRAINING.........................................         482,634         482,634
260   FLIGHT TRAINING....................................................         750,609         750,609
270   PROFESSIONAL DEVELOPMENT EDUCATION.................................         235,114         235,114
280   TRAINING SUPPORT...................................................         101,231         101,231
290   DEPOT MAINTENANCE..................................................         233,330         233,330
310   RECRUITING AND ADVERTISING.........................................         130,217         130,217
320   EXAMINING..........................................................           2,738           2,738
330   OFF-DUTY AND VOLUNTARY EDUCATION...................................         155,170         155,170
340   CIVILIAN EDUCATION AND TRAINING....................................         175,147         175,147
350   JUNIOR ROTC........................................................          74,809          74,809
SUBTOTAL TRAINING AND RECRUITING...............................       3,745,868       3,745,868

ADMIN & SRVWD ACTIVITIES
360   LOGISTICS OPERATIONS...............................................       1,029,734       1,029,734
370   TECHNICAL SUPPORT ACTIVITIES.......................................         913,843         913,843
390   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         303,610         303,610
400   BASE SUPPORT.......................................................       1,266,800       1,266,800
410   ADMINISTRATION.....................................................         587,654         587,654

[[Page H2977]]

420   SERVICEWIDE COMMUNICATIONS.........................................         667,910         667,910
430   OTHER SERVICEWIDE ACTIVITIES.......................................       1,094,509       1,094,509
440   CIVIL AIR PATROL...................................................          23,904          23,904
470   INTERNATIONAL SUPPORT..............................................          81,307          81,307
480   CLASSIFIED PROGRAMS................................................       1,239,040       1,239,040
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................       7,208,311       7,208,311

UNDISTRIBUTED ADJUSTMENTS
490   UNDISTRIBUTED ADJUSTMENTS..........................................                          43,700
Historical unobligated balances................................                      [ 141,700]
Overestimate of Foreign Currency Fluctuation Costs.............                       [ 32,000]
Retain Air Force Force Structure...............................                       [130,000]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                          43,700

TOTAL OPERATION & MAINTENANCE, AIR FORCE......................      35,435,360      35,740,160

OPERATION & MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
10   JOINT CHIEFS OF STAFF..............................................         485,708         485,708
20   SPECIAL OPERATIONS COMMAND.........................................                       5,091,001
Transfer from line 025.........................................                     [5,091,001]
25   CLASSIFIED PROGRAMS................................................       5,091,001       5,091,001
Transfer to Line 020...........................................                    [ 5,091,001]
SUBTOTAL OPERATING FORCES......................................       5,576,709       5,576,709

TRAINING AND RECRUITING
30   DEFENSE ACQUISITION UNIVERSITY.....................................         147,210         144,710
Program decrease...............................................                        [ 2,500]
40   NATIONAL DEFENSE UNIVERSITY........................................          84,999          82,499
Program decrease...............................................                        [ 2,500]
SUBTOTAL TRAINING AND RECRUITING...............................         232,209         227,209

ADMIN & SRVWD ACTIVITIES
50   CIVIL MILITARY PROGRAMS............................................         161,294         161,294
80   DEFENSE CONTRACT AUDIT AGENCY......................................         573,973         573,973
90   DEFENSE CONTRACT MANAGEMENT AGENCY.................................       1,293,196       1,293,196
100   DEFENSE FINANCE AND ACCOUNTING SERVICE.............................          17,513          17,513
110   DEFENSE HUMAN RESOURCES ACTIVITY...................................         676,186         676,186
120   DEFENSE INFORMATION SYSTEMS AGENCY.................................       1,346,847       1,346,847
140   DEFENSE LEGAL SERVICES AGENCY......................................          35,137          35,137
150   DEFENSE LOGISTICS AGENCY...........................................         431,893         431,893
160   DEFENSE MEDIA ACTIVITY.............................................         224,013         224,013
170   DEFENSE POW/MIA OFFICE.............................................          21,964          21,964
180   DEFENSE SECURITY COOPERATION AGENCY................................         557,917         557,917
190   DEFENSE SECURITY SERVICE...........................................                         506,662
Transfer from Line 280.........................................                       [506,662]
200   DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.........................          35,319          35,319
210   DEFENSE THREAT REDUCTION AGENCY....................................                         443,382
Transfer from Line 280.........................................                       [443,382]
220   DEPARTMENT OF DEFENSE EDUCATION ACTIVITY...........................       2,744,971       2,744,971
230   MISSILE DEFENSE AGENCY.............................................         259,975         259,975
250   OFFICE OF ECONOMIC ADJUSTMENT......................................         253,437         253,437
260   OFFICE OF THE SECRETARY OF DEFENSE.................................       2,095,362       2,135,362
Advancing Diversity and EO.....................................                         [5,000]
Office of Net Assessment.......................................                        [10,000]
Readiness Environmental Protection Initiative..................                        [25,000]
270   WASHINGTON HEADQUARTERS SERVICE....................................         521,297         521,297
280   CLASSIFIED PROGRAMS................................................      14,933,801      14,045,757
Program increase...............................................                        [62,000]
Transfer to Line 190...........................................                      [ 506,662]
Transfer to Line 210...........................................                      [ 443,382]
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................      26,184,095      26,286,095

UNDISTRIBUTED ADJUSTMENTS
290   UNDISTRIBUTED ADJUSTMENTS..........................................                         107,700
DOD Impact Aid.................................................                        [30,000]
Historical unobligated balances................................                      [ 128,000]
Overestimate of Foreign Currency Fluctuation Costs.............                        [ 9,700]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                         107,700

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE...................      31,993,013      31,982,313

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES

[[Page H2978]]

10   MANEUVER UNITS.....................................................           1,391           1,391
20   MODULAR SUPPORT BRIGADES...........................................          20,889          20,889
30   ECHELONS ABOVE BRIGADE.............................................         592,724         592,724
40   THEATER LEVEL ASSETS...............................................         114,983         114,983
50   LAND FORCES OPERATIONS SUPPORT.....................................         633,091         633,091
60   AVIATION ASSETS....................................................          76,823          76,823
70   FORCE READINESS OPERATIONS SUPPORT.................................         481,997         481,997
80   LAND FORCES SYSTEMS READINESS......................................          70,118          70,118
90   LAND FORCES DEPOT MAINTENANCE......................................         141,205         141,205
100   BASE OPERATIONS SUPPORT............................................         561,878         561,878
110   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         287,399         308,099
Restoration and Modernization of Facilities....................                        [20,700]
120   MANAGEMENT AND OPERATIONAL HQ'S....................................          52,431          52,431
SUBTOTAL OPERATING FORCES......................................       3,034,929       3,055,629

ADMIN & SRVWD ACTIVITIES
140   SERVICEWIDE TRANSPORTATION.........................................          12,995          12,995
150   ADMINISTRATION.....................................................          32,432          32,432
160   SERVICEWIDE COMMUNICATIONS.........................................           4,895           4,895
170   MANPOWER MANAGEMENT................................................          16,074          16,074
180   RECRUITING AND ADVERTISING.........................................          60,683          60,683
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................         127,079         127,079

UNDISTRIBUTED ADJUSTMENTS
190   UNDISTRIBUTED ADJUSTMENTS..........................................                           1,100
Army Medical Evacuation Paramedic Certification Training.......                         [5,000]
Deny request of increase for technicians.......................                        [ 3,900]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                           1,100

TOTAL OPERATION & MAINTENANCE, ARMY RES.......................       3,162,008       3,183,808

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
10   MISSION AND OTHER FLIGHT OPERATIONS................................         616,776         616,776
20   INTERMEDIATE MAINTENANCE...........................................          15,076          15,076
30   AIR OPERATIONS AND SAFETY SUPPORT..................................           1,479           1,479
40   AIRCRAFT DEPOT MAINTENANCE.........................................         107,251         107,251
50   AIRCRAFT DEPOT OPERATIONS SUPPORT..................................             355             355
60   MISSION AND OTHER SHIP OPERATIONS..................................          82,186          82,186
70   SHIP OPERATIONS SUPPORT & TRAINING.................................             589             589
80   SHIP DEPOT MAINTENANCE.............................................          48,593          48,593
90   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 MODERNIZATION.........................          60,646          60,646
140   BASE OPERATING SUPPORT.............................................         105,227         105,227
SUBTOTAL OPERATING FORCES......................................       1,224,046       1,224,046

ADMIN & SRVWD ACTIVITIES
150   ADMINISTRATION.....................................................           3,117           3,117
160   MILITARY MANPOWER AND PERSONNEL MANAGEMENT.........................          14,337          14,337
170   SERVICEWIDE COMMUNICATIONS.........................................           2,392           2,392
180   ACQUISITION AND PROGRAM MANAGEMENT.................................           3,090           3,090
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................          22,936          22,936

TOTAL OPERATION & MAINTENANCE, NAVY RES.......................       1,246,982       1,246,982

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
10   OPERATING FORCES...................................................          89,690          89,690
20   DEPOT MAINTENANCE..................................................          16,735          16,735
30   SUSTAINMENT, RESTORATION AND MODERNIZATION.........................          37,913          37,913
40   BASE OPERATING SUPPORT.............................................         103,746         103,746
SUBTOTAL OPERATING FORCES......................................         248,084         248,084

ADMIN & SRVWD ACTIVITIES
50   SERVICEWIDE TRANSPORTATION.........................................             873             873
60   ADMINISTRATION.....................................................          14,330          14,330
70   RECRUITING AND ADVERTISING.........................................           8,998           8,998
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................          24,201          24,201

TOTAL OPERATION & MAINTENANCE, MC RESERVE.....................         272,285         272,285

[[Page H2979]]

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
10   PRIMARY COMBAT FORCES..............................................       2,089,326       2,089,326
20   MISSION SUPPORT OPERATIONS.........................................         112,992         112,992
30   DEPOT MAINTENANCE..................................................         406,101         406,101
40   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................          71,564          78,264
Restoration and Modernization of Facilities....................                         [6,700]
50   BASE SUPPORT.......................................................         364,862         364,862
SUBTOTAL OPERATING FORCES......................................       3,044,845       3,051,545

ADMIN & SRVWD ACTIVITIES
60   ADMINISTRATION.....................................................          78,824          78,824
70   RECRUITING AND ADVERTISING.........................................          16,020          16,020
80   MILITARY MANPOWER AND PERS MGMT (ARPC).............................          19,496          19,496
90   OTHER PERS SUPPORT (DISABILITY COMP)...............................           6,489           6,489
100   AUDIOVISUAL........................................................             808             808
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................         121,637         121,637

UNDISTRIBUTED ADJUSTMENTS
110   UNDISTRIBUTED ADJUSTMENTS..........................................                         161,617
Retain Air Force Reserve Force Structure.......................                       [161,617]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                         161,617

TOTAL OPERATION & MAINTENANCE, AF RESERVE.....................       3,166,482       3,334,799

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
10   MANEUVER UNITS.....................................................         680,206         680,206
20   MODULAR SUPPORT BRIGADES...........................................         186,408         186,408
30   ECHELONS ABOVE BRIGADE.............................................         865,628         865,628
40   THEATER LEVEL ASSETS...............................................         112,651         112,651
50   LAND FORCES OPERATIONS SUPPORT.....................................          36,091          36,091
60   AVIATION ASSETS....................................................         907,011         907,011
70   FORCE READINESS OPERATIONS SUPPORT.................................         751,606         751,606
80   LAND FORCES SYSTEMS READINESS......................................          60,043          60,043
90   LAND FORCES DEPOT MAINTENANCE......................................         411,940         411,940
100   BASE OPERATIONS SUPPORT............................................         995,423         995,423
110   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         688,189         737,589
Restoration and Modernization of Facilities....................                        [49,400]
120   MANAGEMENT AND OPERATIONAL HQ'S....................................         953,716         953,716
SUBTOTAL OPERATING FORCES......................................       6,648,912       6,698,312

ADMIN & SRVWD ACTIVITIES
130   SERVICEWIDE TRANSPORTATION.........................................          11,806          11,806
140   REAL ESTATE MANAGEMENT.............................................           1,656           1,656
150   ADMINISTRATION.....................................................          89,358          89,358
160   SERVICEWIDE COMMUNICATIONS.........................................          39,513          39,513
170   MANPOWER MANAGEMENT................................................           7,224           7,224
180   RECRUITING AND ADVERTISING.........................................         310,143         310,143
SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................         459,700         459,700

UNDISTRIBUTED ADJUSTMENTS
190   UNDISTRIBUTED ADJUSTMENTS..........................................                          79,700
Army Medical Evacuation Paramedic Certification Training.......                         [5,000]
Deny request of increase for technicians.......................                       [ 95,000]
Retain Army National Guard Force Structure.....................                        [10,300]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                          79,700

TOTAL OPERATION & MAINTENANCE, ARNG...........................       7,108,612       7,078,312

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
10   AIRCRAFT OPERATIONS................................................       3,559,824       3,563,329
Aerospace Control Alert........................................                         [3,505]
20   MISSION SUPPORT OPERATIONS.........................................         721,225         721,225
30   DEPOT MAINTENANCE..................................................         774,875         774,875
40   FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION................         270,709         295,409
Restoration and Modernization of Facilities....................                        [24,700]
50   BASE SUPPORT.......................................................         624,443         624,443
SUBTOTAL OPERATING FORCES......................................       5,951,076       5,979,281

ADMIN & SRVWD ACTIVITIES
60   ADMINISTRATION.....................................................          32,358          32,358
70   RECRUITING AND ADVERTISING.........................................          32,021          32,021

[[Page H2980]]

SUBTOTAL ADMIN & SRVWD ACTIVITIES..............................          64,379          64,379

UNDISTRIBUTED ADJUSTMENTS
80   UNDISTRIBUTED ADJUSTMENTS..........................................                         286,800
Retain Air National Guard Force Structure......................                       [286,800]
SUBTOTAL UNDISTRIBUTED ADJUSTMENTS.............................                         286,800

TOTAL OPERATION & MAINTENANCE, ANG............................       6,015,455       6,330,460

MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
20   OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID......................         108,759         108,759
30   COOPERATIVE THREAT REDUCTION.......................................         519,111         519,111
40   ACQ WORKFORCE DEV FD...............................................         274,198         274,198
50   ENVIRONMENTAL RESTORATION, ARMY....................................         335,921         335,921
SUBTOTAL MISCELLANEOUS APPROPRIATIONS..........................       1,237,989       1,237,989

MISCELLANEOUS APPROPRIATIONS
60   ENVIRONMENTAL RESTORATION, NAVY....................................         310,594         310,594
SUBTOTAL MISCELLANEOUS APPROPRIATIONS..........................         310,594         310,594

MISCELLANEOUS APPROPRIATIONS
70   ENVIRONMENTAL RESTORATION, AIR FORCE...............................         529,263         529,263
SUBTOTAL MISCELLANEOUS APPROPRIATIONS..........................         529,263         529,263

MISCELLANEOUS APPROPRIATIONS
10   US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE..................          13,516          13,516
80   ENVIRONMENTAL RESTORATION, DEFENSE.................................          11,133          11,133
SUBTOTAL MISCELLANEOUS APPROPRIATIONS..........................          24,649          24,649

MISCELLANEOUS APPROPRIATIONS
90   ENVIRONMENTAL RESTORATION FORMERLY USED SITES......................         237,543         237,543
SUBTOTAL MISCELLANEOUS APPROPRIATIONS..........................         237,543         237,543

TOTAL MISCELLANEOUS APPROPRIATIONS............................       2,340,038       2,340,038

TOTAL OPERATION & MAINTENANCE.................................     174,938,933     175,082,230
----------------------------------------------------------------------------------------------------------------

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
Line                   Item                    Request     Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
40   THEATER LEVEL ASSETS...............     2,758,162     2,758,162
50   LAND FORCES OPERATIONS SUPPORT.....       991,396       991,396
60   AVIATION ASSETS....................        40,300        40,300
70   FORCE READINESS OPERATIONS SUPPORT.     1,755,445     1,755,445
80   LAND FORCES SYSTEMS READINESS......       307,244       307,244
100   BASE OPERATIONS SUPPORT............       393,165       393,165
110   FACILITIES SUSTAINMENT, RESTORATION       250,000       250,000
& MODERNIZATION...................
140   ADDITIONAL ACTIVITIES..............    12,524,137    12,395,137
Reduction to Task Force for                      [ 129,000]
Business and Stability
Operations.....................
150   COMMANDERS EMERGENCY RESPONSE             400,000       200,000
PROGRAM...........................
Historical underexecution......                  [ 200,000]
160   RESET..............................     3,687,973     3,437,973
Unexecutable depot-level                         [ 250,000]
maintenance....................
SUBTOTAL OPERATING FORCES......    23,107,822    22,528,822

ADMIN & SRVWIDE ACTIVITIES
350   SERVICEWIDE TRANSPORTATION.........     3,238,310     3,238,310
360   CENTRAL SUPPLY ACTIVITIES..........       129,000       129,000
380   AMMUNITION MANAGEMENT..............        78,022        78,022
420   OTHER PERSONNEL SUPPORT............       137,277       137,277
430   OTHER SERVICE SUPPORT..............        72,293        72,293
490   CLASSIFIED PROGRAMS................     1,828,717     1,828,717
SUBTOTAL ADMIN & SRVWIDE            5,483,619     5,483,619
ACTIVITIES.....................

UNDISTRIBUTED ADJUSTMENTS
500   UNDISTRIBUTED ADJUSTMENTS..........                     179,700
Historical unobligated balances                  [ 179,700]
SUBTOTAL UNDISTRIBUTED                              179,700
ADJUSTMENTS....................

TOTAL OPERATION & MAINTENANCE,    28,591,441    27,832,741
ARMY..........................

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
10   MISSION AND OTHER FLIGHT OPERATIONS       937,098       937,098
30   AVIATION TECHNICAL DATA &                   1,000         1,000
ENGINEERING SERVICES..............
40   AIR OPERATIONS AND SAFETY SUPPORT..        15,794        15,794
50   AIR SYSTEMS SUPPORT................        19,013        19,013
60   AIRCRAFT DEPOT MAINTENANCE.........       201,912       201,912
70   AIRCRAFT DEPOT OPERATIONS SUPPORT..         3,000         3,000
80   AVIATION LOGISTICS.................        44,150        44,150
90   MISSION AND OTHER SHIP OPERATIONS..       463,738       463,738
100   SHIP OPERATIONS SUPPORT & TRAINING.        24,774        24,774
110   SHIP DEPOT MAINTENANCE.............     1,310,010     1,310,010

[[Page H2981]]

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 SUPPORT.        94,655        94,655
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 FORCES......     5,329,365     5,329,365

MOBILIZATION
340   EXPEDITIONARY HEALTH SERVICES              31,395        31,395
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 PERSONNEL             6,022         6,022
MANAGEMENT........................
520   OTHER PERSONNEL SUPPORT............         3,514         3,514
550   SERVICEWIDE TRANSPORTATION.........       184,864       184,864
580   ACQUISITION AND PROGRAM MANAGEMENT.         2,026         2,026
620   NAVAL INVESTIGATIVE SERVICE........         1,425         1,425
710   CLASSIFIED PROGRAMS................        14,556        14,556
SUBTOTAL ADMIN & SRVWD                214,271       214,271
ACTIVITIES.....................

UNDISTRIBUTED ADJUSTMENTS
720   UNDISTRIBUTED ADJUSTMENTS..........                      22,100
Historical unobligated balances                   [ 22,100]
SUBTOTAL UNDISTRIBUTED                               22,100
ADJUSTMENTS....................

TOTAL OPERATION & MAINTENANCE,     5,880,395     5,858,295
NAVY..........................

OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
10   OPERATIONAL FORCES.................     1,921,258     1,921,258
20   FIELD LOGISTICS....................     1,094,028     1,094,028
30   DEPOT MAINTENANCE..................       222,824       222,824
60   BASE OPERATING SUPPORT.............        88,690        88,690
SUBTOTAL OPERATING FORCES......     3,326,800     3,326,800

TRAINING AND RECRUITING
110   TRAINING SUPPORT...................       215,212       215,212
SUBTOTAL TRAINING AND                 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.....................

UNDISTRIBUTED ADJUSTMENTS
200   UNDISTRIBUTED ADJUSTMENTS..........                      15,600
Historical unobligated balances                   [ 15,600]
SUBTOTAL UNDISTRIBUTED                               15,600
ADJUSTMENTS....................

TOTAL OPERATION & MAINTENANCE,     4,066,340     4,050,740
MARINE CORPS..................

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
10   PRIMARY COMBAT FORCES..............     1,494,144     1,494,144
20   COMBAT ENHANCEMENT FORCES..........       809,531       809,531
30   AIR OPERATIONS TRAINING (OJT,              13,095        13,095
MAINTAIN SKILLS)..................
40   DEPOT MAINTENANCE..................     1,403,238     1,403,238
50   FACILITIES SUSTAINMENT, RESTORATION       155,954       155,954
& MODERNIZATION...................
60   BASE SUPPORT.......................       342,226       342,226
70   GLOBAL C3I AND EARLY WARNING.......        15,108        15,108
80   OTHER COMBAT OPS SPT PROGRAMS......       271,390       271,390
100   TACTICAL INTEL AND OTHER SPECIAL           25,400        25,400
ACTIVITIES........................
120   SPACE CONTROL SYSTEMS..............         5,110         5,110
130   COMBATANT COMMANDERS DIRECT MISSION        52,173        52,173
SUPPORT...........................
SUBTOTAL OPERATING FORCES......     4,587,369     4,587,369

MOBILIZATION
150   AIRLIFT OPERATIONS.................     3,187,211     3,187,211
160   MOBILIZATION PREPAREDNESS..........        43,509        43,509
170   DEPOT MAINTENANCE..................       554,943       554,943
180   FACILITIES SUSTAINMENT, RESTORATION         4,431         4,431
& MODERNIZATION...................
190   BASE SUPPORT.......................         9,256         9,256
SUBTOTAL MOBILIZATION..........     3,799,350     3,799,350

TRAINING AND RECRUITING
230   FACILITIES SUSTAINMENT, RESTORATION           424           424
& MODERNIZATION...................
240   BASE SUPPORT.......................         1,036         1,036
250   SPECIALIZED SKILL TRAINING.........        10,923        10,923
260   FLIGHT TRAINING....................            72            72
270   PROFESSIONAL DEVELOPMENT EDUCATION.           323           323
280   TRAINING SUPPORT...................           352           352
SUBTOTAL TRAINING AND                  13,130        13,130
RECRUITING.....................

ADMIN & SRVWD ACTIVITIES
360   LOGISTICS OPERATIONS...............       100,429       100,429
390   FACILITIES SUSTAINMENT, RESTORATION        47,200        47,200
& 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.....................

UNDISTRIBUTED ADJUSTMENTS
490   UNDISTRIBUTED ADJUSTMENTS..........                      34,700
Historical unobligated balances                   [ 34,700]
SUBTOTAL UNDISTRIBUTED                               34,700
ADJUSTMENTS....................

TOTAL OPERATION & MAINTENANCE,     9,241,613     9,206,913
AIR FORCE.....................

OPERATION & MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
10   JOINT CHIEFS OF STAFF..............         2,000         2,000
20   SPECIAL OPERATIONS COMMAND.........     2,503,060     2,503,060
SUBTOTAL OPERATING FORCES......     2,505,060     2,505,060

ADMIN & SRVWD ACTIVITIES
80   DEFENSE CONTRACT AUDIT AGENCY......        30,674        30,674
90   DEFENSE CONTRACT MANAGEMENT AGENCY.        69,803        69,803
110   DEFENSE HUMAN RESOURCES ACTIVITY...         3,334         3,334
120   DEFENSE INFORMATION SYSTEMS AGENCY.       152,925       152,925
140   DEFENSE LEGAL SERVICES AGENCY......       102,322       102,322
160   DEFENSE MEDIA ACTIVITY.............        10,823        10,823
180   DEFENSE SECURITY COOPERATION AGENCY     2,200,000     1,550,000

[[Page H2982]]

Program Decrease--Coalition                      [ 650,000]
Support Funds..................
220   DEPARTMENT OF DEFENSE EDUCATION           139,830       139,830
ACTIVITY..........................
260   OFFICE OF THE SECRETARY OF DEFENSE.        87,805        87,805
280   CLASSIFIED PROGRAMS................     2,522,003     2,522,003
SUBTOTAL ADMIN & SRVWD              5,319,519     4,669,519
ACTIVITIES.....................

UNDISTRIBUTED ADJUSTMENTS
290   UNDISTRIBUTED ADJUSTMENTS..........                      29,300
Historical unobligated balances                   [ 29,300]
SUBTOTAL UNDISTRIBUTED                               29,300
ADJUSTMENTS....................

TOTAL OPERATION & MAINTENANCE,     7,824,579     7,145,279
DEFENSE-WIDE..................

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
30   ECHELONS ABOVE BRIGADE.............        78,600        78,600
50   LAND FORCES OPERATIONS SUPPORT.....        20,811        20,811
70   FORCE READINESS OPERATIONS SUPPORT.        20,726        20,726
100   BASE OPERATIONS SUPPORT............        34,400        34,400
SUBTOTAL OPERATING FORCES......       154,537       154,537

TOTAL OPERATION & MAINTENANCE,       154,537       154,537
ARMY RES......................

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
10   MISSION AND OTHER FLIGHT OPERATIONS        24,834        24,834
20   INTERMEDIATE MAINTENANCE...........           300           300
40   AIRCRAFT DEPOT MAINTENANCE.........        13,364        13,364
60   MISSION AND OTHER SHIP OPERATIONS..         8,213         8,213
80   SHIP DEPOT MAINTENANCE.............           929           929
100   COMBAT SUPPORT FORCES..............         8,244         8,244
140   BASE OPERATING SUPPORT.............            40            40
SUBTOTAL OPERATING FORCES......        55,924        55,924

TOTAL OPERATION & MAINTENANCE,        55,924        55,924
NAVY RES......................

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
10   OPERATING FORCES...................        22,657        22,657
40   BASE OPERATING SUPPORT.............         2,820         2,820
SUBTOTAL OPERATING FORCES......        25,477        25,477

TOTAL OPERATION & MAINTENANCE,        25,477        25,477
MC RESERVE....................

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
10   PRIMARY COMBAT FORCES..............         7,600         7,600
30   DEPOT MAINTENANCE..................       106,768       106,768
50   BASE SUPPORT.......................         6,250         6,250
SUBTOTAL OPERATING FORCES......       120,618       120,618

TOTAL OPERATION & MAINTENANCE,       120,618       120,618
AF RESERVE....................

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
10   MANEUVER UNITS.....................        38,485        38,485
20   MODULAR SUPPORT BRIGADES...........         1,959         1,959
30   ECHELONS ABOVE BRIGADE.............        20,076        20,076
40   THEATER LEVEL ASSETS...............         2,028         2,028
60   AVIATION ASSETS....................       183,811       183,811
70   FORCE READINESS OPERATIONS SUPPORT.        43,780        43,780
100   BASE OPERATIONS SUPPORT............        70,237        70,237
120   MANAGEMENT AND OPERATIONAL HQ'S....        20,072        20,072
SUBTOTAL OPERATING FORCES......       380,448       380,448

ADMIN & SRVWD ACTIVITIES
160   SERVICEWIDE COMMUNICATIONS.........         2,000         2,000
SUBTOTAL ADMIN & SRVWD                  2,000         2,000
ACTIVITIES.....................

TOTAL OPERATION & MAINTENANCE,       382,448       382,448
ARNG..........................

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
20   MISSION SUPPORT OPERATIONS.........        19,975        19,975
SUBTOTAL OPERATING FORCES......        19,975        19,975

TOTAL OPERATION & MAINTENANCE,        19,975        19,975
ANG...........................

AFGHANISTAN SECURITY FORCES FUND
MINISTRY OF DEFENSE
10   SUSTAINMENT........................     2,523,825     2,523,825
20   INFRASTRUCTURE.....................       190,000       190,000
30   EQUIPMENT AND TRANSPORTATION.......       241,521       241,521
40   TRAINING AND OPERATIONS............       758,380       758,380
SUBTOTAL MINISTRY OF DEFENSE...     3,713,726     3,713,726

MINISTRY OF INTERIOR
50   SUSTAINMENT........................     1,305,950     1,305,950
60   INFRASTRUCTURE.....................        50,000        50,000
70   EQUIPMENT AND TRANSPORTATION.......        84,859        84,859
80   TRAINING AND OPERATIONS............       569,868       569,868
SUBTOTAL MINISTRY OF INTERIOR..     2,010,677     2,010,677

RELATED ACTIVITIES
90   SUSTAINMENT........................        18,325        18,325
100   INFRASTRUCTUE......................         1,200         1,200
110   EQUIPMENT & TRANSPORTATION.........         1,239         1,239
120   TRAINING AND OPERATIONS............         4,000         4,000
SUBTOTAL RELATED ACTIVITIES....        24,764        24,764

TOTAL AFGHANISTAN SECURITY         5,749,167     5,749,167
FORCES FUND...................

AFGHANISTAN INFRASTRUCTURE FUND
AFGHANISTAN INFRASTRUCTURE FUND
10   POWER..............................       400,000       375,000
Program Decrease...............                   [ 25,000]
SUBTOTAL AFGHANISTAN                  400,000       375,000
INFRASTRUCTURE FUND............

TOTAL AFGHANISTAN                    400,000       375,000
INFRASTRUCTURE FUND...........

TOTAL OPERATION & MAINTENANCE.    62,512,514    60,977,114
------------------------------------------------------------------------

TITLE XLIV--MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

[[Page H2983]]

------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013          House
Item                        Request       Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL......................    135,111,799     135,726,855
Army medical evacuation paramedic                            2,000
certification training.............
Basic allowance for housing for                              6,000
members of the National Guard
(Section 603)......................
Non-medical attendant travel                                 2,000
(Section 621)......................
Reserve Components administrative                            2,000
absence (Section 604)..............
Restore accrual payments to the                            672,000
Medicare eligible health care trust
fund...............................
Retain 128 Air National Guard AGRs                           8,300
for two air sovereignty alert
locations..........................
Retain Air Force Force Structure...                         30,000
Retain Air Force Reserve Force                              20,000
Structure..........................
Retain Air National Guard Force                             70,826
Structure..........................
Retain Global Hawk.................                         22,200
Unobligated balances...............                      [ 352,000]
USMC military personnel in lieu of                         131,730
LAV funding........................
------------------------------------------------------------------------

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.

------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013          House
Item                        Request       Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL......................     14,060,094      14,060,094
------------------------------------------------------------------------

TITLE XLV--OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013        House
Item                         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
SUPPLIES AND MATERIALS (MEDICAL/DENTAL).....       45,452        45,452
TOTAL WORKING CAPITAL FUND, AIR FORCE....       45,452        45,452

WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)..............       39,135        39,135
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE.       39,135        39,135

WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA..................    1,371,560     1,371,560
TOTAL WORKING CAPITAL FUND, DECA.........    1,371,560     1,371,560

NATIONAL DEFENSE SEALIFT FUND
MPF MLP.....................................       38,000        38,000
POST DELIVERY AND OUTFITTING................       39,386        39,386
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    16,148,263
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

[[Page H2984]]

UNDISTRIBUTED, OPERATION & MAINTENANCE......                    281,900
Foreign currency flucuation............                    [ 5,100]
Overfunding in electronic health record                   [ 30,000]
Restore estimated savings in TRICARE                      [273,000]
Prime and Standard enrollment fees and
deductibles for TRICARE Standard.......
Restore pharmacy co-pay estimated                         [179,000]
savings................................
TRICARE rate adjustments...............                    [90,000]
Unobligated balances...................                  [ 225,000]
RDT&E.......................................      672,977       672,977
PROCUREMENT.................................      506,462       454,462
Overfunding in electronic health record                   [ 52,000]
TOTAL DEFENSE HEALTH PROGRAM.............   32,528,718    32,758,618

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 DESTRUCTION    1,301,786     1,301,786

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG                889,545       889,545
ACTIVITIES, DEFENSE........................
DRUG DEMAND REDUCTION PROGRAM...............      109,818       109,818
TOTAL DRUG INTERDICTION & CTR-DRUG             999,363       999,363
ACTIVITIES, DEF..........................

OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE.....................      272,821       272,821
PROCUREMENT.................................        1,000         1,000
TOTAL OFFICE OF THE INSPECTOR GENERAL....      273,821       273,821

CEMETERIAL EXPENSES, ARMY
OPERATION & MAINTENANCE.....................       41,000        41,000
CONSTRUCTION................................        4,800         4,800
FACILITIES MAINTENANCE......................                     25,000
Realignment from Operation and                             [25,000]
Maintenance, Army......................
TOTAL CEMETERIAL EXPENSES, ARMY..........       45,800        70,800

TOTAL OTHER AUTHORIZATIONS...............   37,273,808    37,528,708
------------------------------------------------------------------------

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.

------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013        House
Item                         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 FORCE....      240,400       240,400

WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)..............      220,364       220,364
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE.      220,364       220,364

DEFENSE HEALTH PROGRAM
IN-HOUSE CARE...............................      483,326       483,326
PRIVATE SECTOR CARE.........................      376,982       376,982
CONSOLIDATED HEALTH SUPPORT.................      111,675       111,675
INFORMATION MANAGEMENT......................        4,773         4,773
MANAGEMENT ACTIVITIES.......................          660           660
EDUCATION AND TRAINING......................       15,370        15,370
BASE OPERATIONS/COMMUNICATIONS..............        1,112         1,112

[[Page H2985]]

TOTAL DEFENSE HEALTH PROGRAM.............      993,898       993,898

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DEFENSEWIDE ACTIVITIES......................      469,025       469,025
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 GENERAL....       10,766        10,766

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                                       Budget        House
Account                   Installation                Project Title           Request      Agreement
----------------------------------------------------------------------------------------------------------------
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, Colorado    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, Georgia    Automated Combat Pistol Qual        3,650         3,650
Crse.
Army                            Fort Stewart, Georgia    Digital Multipurpose               22,000        22,000
Training Range.
Army                            Fort Stewart, Georgia    Unmanned Aerial Vehicle            24,000        24,000
Complex.
Hawaii
Army                            Pohakuloa Training Area  Automated Infantry Platoon         29,000        29,000
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, Kansas       Unmanned Aerial Vehicle            12,200        12,200
Complex.
Kentucky
Army                            Fort Campbell, Kentucky  Battalion Headquarters             55,000        55,000
Complex.
Army                            Fort Campbell, Kentucky  Live Fire Exercise                  3,800         3,800
Shoothouse.
Army                            Fort Campbell, Kentucky  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 Facilities       26,000        26,000
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..............      192,000       192,000
North Carolina
Army                            Fort Bragg               Aerial Gunnery Range........       42,000        42,000
Army                            Fort Bragg               Infrastructure..............       30,000        30,000
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

[[Page H2986]]

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, Texas         Modified Record Fire Range..        4,200         4,200
Army                            Fort Hood, Texas         Training Aids Center........       25,000        25,000
Army                            Fort Hood, Texas         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        84,000
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        65,173
Locations
.........................
Total Military Construction, Army                                                    1,923,323    1,923,323
.......................
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             0
Navy                            Sw Asia                  Transient Quarters..........       41,529             0
California
Navy                            Camp Pendleton,          Comm. Information Systems          78,897        78,897
California               Ops Complex.
Navy                            Camp Pendleton,          Mv22 Aviation Simulator             4,139         4,139
California               Building.
Navy                            Camp Pendleton,          San Jacinto Road Extension..        5,074         5,074
California
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
California
Diego Garcia
Navy                            Diego Garcia             Communications                      1,691         1,691
Infrastructure.
Djibouti
Navy                            Camp Lemonier, Djibouti  Containerized Living and            7,510             0
Work Units.
Navy                            Camp Lemonier, Djibouti  Fitness Center..............       26,960             0
Navy                            Camp Lemonier, Djibouti  Galley Addition and                22,220             0
Warehouse.
Navy                            Camp Lemonier, Djibouti  Joint HQ/Joint Operations          42,730             0
Center Facility.
Florida
Navy                            Jacksonville             Bams Mission Control Complex       21,980        21,980
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 (Andersen       25,904        25,904
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        33,498
Building Addition.
North Carolina
Navy                            Camp Lejeune, North      Base Access and Road--Phase        40,904        40,904
Carolina                 3.
Navy                            Camp Lejeune, North      Staff Nco Academy Facilities       28,986        28,986
Carolina
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 Defense       45,205        45,205
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 Improvements       10,135        10,135

[[Page H2987]]

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 Russell       14,826        14,826
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 #2      280,041       280,041
(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    1,549,164
.......................
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 Center        9,400         9,400
Nebraska
AF                              Offutt AFB               US STRATCOM Replacement           161,000       161,000
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 Age        4,600         4,600
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                              Unspecified Worldwide    Planning and Design.........       18,635        18,635
Locations
AF                              Unspecified Worldwide    Sanitary Sewer Lift/Pump            2,000         2,000
Locations                Station.
AF                              Unspecified Worldwide    Transient Aircraft Hangars..       15,032        15,032
Locations
AF                              Unspecified Worldwide    Transient Contingency              17,625        17,625
Locations                Dormitory--100 Rm.
AF                              Various Worldwide        Unspecified Minor                  18,200        18,200
Locations                Construction.
.........................
Total Military Construction, Air Force                                                 388,200      388,200
.......................
Arizona
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 Point-- Replace Fuel Pier...........       91,563        91,563
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.
Conus Classified
Def-Wide                        Classified Location      SOF Parachute Training              6,477         6,477
Facility.
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.

[[Page H2988]]

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 Barracks  Medical Center Replacement        127,000       127,000
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 Harbor- SOF Sdvt 1 Waterfront              24,289        24,289
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, Kentucky  Replace Barkley Elementary         41,767        41,767
School.
Def-Wide                        Fort Campbell, Kentucky  SOF Ground Support Battalion       26,313        26,313
Def-Wide                        Fort Campbell, Kentucky  SOF Landgraf Hangar                 3,559         3,559
Extension.
Korea
Def-Wide                        Kunsan Air Base          Medical/Dental Clinic              13,000        13,000
Addition.
Def-Wide                        Osan AFB                 Hospital Addition/Alteration       34,600        34,600
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 Hospital  Base Installation Access./          7,000         7,000
Appearance Plan.
Def-Wide                        Bethesda Naval Hospital  Electrical Capacity and            35,600        35,600
Cooling Towers.
Def-Wide                        Bethesda Naval Hospital  Temporary Medical Facilities       26,600        26,600
Def-Wide                        Fort Detrick             USAMRIID Stage I, Incr 7....       19,000        19,000
Def-Wide                        Fort Meade               High Performance Computing        300,521       300,521
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 Company/      53,399        53,399
Carolina                 Team Facilities.
Def-Wide                        Camp Lejeune, North      SOF Survival Evasion Resist.        5,465         5,465
Carolina                 Escape Tng Fac.
Def-Wide                        Fort Bragg               SOF Battalion Operations           40,481        40,481
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 Defense      157,900        82,900
System Complex.
South Carolina
Def-Wide                        Shaw AFB                 Medical Clinic Replacement..       57,200        57,200
Texas
Def-Wide                        Fort Bliss               Hospital Replacement Incr 4.      207,400       207,400
Def-Wide                        Joint Base San Antonio   Ambulatory Care Center Phase       80,700        80,700
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
Addition.
Def-Wide                        Raf Mildenhall           SOF CV 22 Simulator Facility        6,490         6,490
Utah
Def-Wide                        Camp Williams            Ic Cnci Data Center 1 Inc 4.      191,414       191,414
Virginia
Def-Wide                        Dam Neck                 SOF Magazines...............            0             0

[[Page H2989]]

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.........        7,928         7,928
Locations
Def-Wide                        Unspecified Worldwide    Planning and Design.........      105,700       105,700
Locations
Def-Wide                        Unspecified Worldwide    Planning and Design.........       27,620        27,620
Locations
Def-Wide                        Unspecified Worldwide    Planning and Design.........        8,300         8,300
Locations
Def-Wide                        Unspecified Worldwide    Planning and Design.........       47,978        47,978
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.........        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                   7,254         7,254
Locations                Construction.
Def-Wide                        Unspecified Worldwide    Unspecified Minor                   4,091         4,091
Locations                Construction.
Def-Wide                        Unspecified Worldwide    Unspecified Minor                   3,000         3,000
Locations                Construction.
Def-Wide                        Unspecified Worldwide    Unspecified Minor Milcon....        3,000         3,000
Locations
.........................
Total Military Construction, Defense-Wide                                            3,654,623    3,569,623
.......................
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 Maintenance       32,000        32,000
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 Site       22,000        22,000
Michigan
Army NG                         Camp Grayling            Operational Readiness                   0             0
Training Complex (Ortc)
Barracks.
Minnesota
Army NG                         Camp Ripley              Scout Reconnaisance Range...       17,000        17,000
Army NG                         St Paul                  Readiness Center............       17,000        17,000
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

[[Page H2990]]

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 Ground  Army Reserve Center.........       21,000        21,000
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, Navy and Marine Corps Reserve                              49,532       49,532
.......................
California
Air NG                          Fresno Yosemite IAP ANG  F 15 Conversion.............       11,000        11,000
Hawaii
Air NG                          Joint Base Pearl Harbor- TFI--F 22 Combat Apron              6,500         6,500
Hickam                   Addition.
New Mexico
Air NG                          Kirtland AFB             Alter Target Intelligence           8,500         8,500
Facility.

[[Page H2991]]

Tennessee
Air NG                          Mcghee-Tyson Airport     Dormitory Classroom Facility            0             0
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 Property      109,534       109,534
Locations
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 & 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 & 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 Property       85,254        85,254
Locations
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 & Maintenance, Navy and Marine Corps                    378,230      378,230
.......................
Worldwide Unspecified
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    Furnishings Account.........           20            20
Locations
FH Ops DW                       Unspecified Worldwide    Leasing.....................       35,333        35,333
Locations
FH Ops DW                       Unspecified Worldwide    Leasing.....................       10,822        10,822
Locations
FH Ops DW                       Unspecified Worldwide    Maintenance of Real Property          567           567
Locations
FH Ops DW                       Unspecified Worldwide    Maintenance of Real Property           73            73
Locations
FH Ops DW                       Unspecified Worldwide    Management Account..........          371           371
Locations
FH Ops DW                       Unspecified Worldwide    Services Account............           31            31
Locations

[[Page H2992]]

FH Ops DW                       Unspecified Worldwide    Utilities Account...........          283           283
Locations
FH Ops DW                       Unspecified Worldwide    Utilities Account...........           12            12
Locations
.........................
Total Family Housing Operation & 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 and        5,038         5,038
Locations                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 Ammo       11,379        11,379
Locations                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, TX          326           326
Locations
BRAC 05                         Unspecified Worldwide    Program Management Various         20,453        20,453
Locations                Locations.
BRAC 05                         Unspecified Worldwide    Program Management Various            605           605
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 Depot        1,385         1,385
Locations
.........................
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       126,697
Locations
PYS                             Unspecified Worldwide    Contingency Construction....            0        20,000
Locations
.........................
Total Prior Year Savings                                                                     0      146,697
.......................
Total Military Construction                                                          11,222,710   10,838,192
----------------------------------------------------------------------------------------------------------------

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and                                       Budget        House
Account                   Installation                Project Title           Request      Agreement
----------------------------------------------------------------------------------------------------------------
BAHRAIN ISLAND
Navy                            SW ASIA                  COMBINED DINING FACILITY....            0         9,819
Navy                            SW ASIA                  TRANSIENT QUARTERS..........            0        41,529
DJIBOUTI
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      150,768
.......................
WORLDWIDE UNSPECIFIED
PYS                             UNSPECIFIED WORLDWIDE    112 10 AND TITLE IV OF                  0       150,768
LOCATIONS                DIVISION H P.L. 112 74.
.........................
Total Prior Year Savings                                                                     0      150,768
.......................
Total Military Construction                                                                   0            0
----------------------------------------------------------------------------------------------------------------

[[Page H2993]]

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
Program                       Request     Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Electricity delivery and energy                6,000         6,000
reliability..........................

Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities..................     7,577,341     7,900,979
Defense nuclear nonproliferation....     2,458,631     2,485,631
Naval reactors......................     1,088,635     1,187,635
Office of the administrator.........       411,279       363,279
Total, National nuclear security              11,535,886    11,937,524
administration...........................

Environmental and other defense
activities:
Defense environmental cleanup.......     5,472,001     5,482,001
Other defense activities............       735,702       685,702
Total, Environmental & other defense           6,207,703     6,167,703
activities...............................
Total, Atomic Energy Defense Activities...    17,743,589    18,105,227
Total, Discretionary Funding..............    17,749,589    18,111,227

Electricity Delivery & Energy Reliability
Electricity Delivery & Energy Reliability
Infrastructure security & energy                 6,000         6,000
restoration............................

Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program............       369,000       435,000
W76 Life extension program............       174,931       255,931
Total, Life extension programs............       543,931       690,931

Stockpile systems
B61 Stockpile systems.................        72,364        72,364
W76 Stockpile systems.................        65,445        65,445
W78 Stockpile systems.................       139,207       151,207
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       128,217
Total, Stockpile systems..................       590,409       607,409

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        32,103
R&D certification and safety..........       191,632       218,632
Management, technology, and production       175,844       184,844
Plutonium sustainment.................       141,685       150,685
Total, Stockpile services.................       902,669       957,669
Total, Directed stockpile work............     2,088,274     2,307,274

Campaigns:
Science campaign
Advanced certification................        44,104        73,604
Primary assessment technologies.......        94,000       101,000
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       395,604

Engineering campaign
Enhanced surety.......................        46,421        54,921
Weapon systems engineering assessment         18,983        18,983
technology...........................
Nuclear survivability.................        21,788        21,788
Enhanced surveillance.................        63,379        71,379
Total, Engineering campaign...............       150,571       167,071

[[Page H2994]]

Inertial confinement fusion ignition and
high yield campaign
Diagnostics, cryogenics and                   81,942        81,942
experimental support.................
Ignition..............................        84,172        54,172
Support of other stockpile programs...        14,817        34,817
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       450,000
high yield campaign......................

Advanced simulation and computing              600,000       570,000
campaign...............................

Readiness Campaign
Nonnuclear readiness..................        64,681        64,681
Tritium readiness.....................        65,414        65,414
Total, Readiness campaign.................       130,095       130,095
Total, Campaigns..........................     1,690,770     1,712,770

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
Total, Operations of facilities...........     1,419,403     1,419,403

Science, technology and engineering            166,945       166,945
capability support.....................

Nuclear operations capability support...       203,346       203,346
Subtotal, Readiness in technical base and      1,789,694     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..
06 D 141 PED/Construction, UPF Y 12 ,        340,000       340,000
Oak Ridge, TN........................
04 D 125 Chemistry and metallurgy                  0       100,000
facility replacement project, Los
Alamos National Laboratory, Los
Alamos, NM...........................
Total, Construction.......................       450,134       550,134
Total, Readiness in technical base and         2,239,828     2,339,828
facilities...............................

Secure transportation asset
Operations and equipment................       114,965       114,965
Program direction.......................       104,396       104,396
Total, Secure transportation asset........       219,361       219,361

Nuclear counterterrorism incident response       247,552       247,552

Site stewardship
Operations and maintenance..............        90,001        72,639
Total, Site stewardship...................        90,001        72,639

Defense nuclear security
Operations and maintenance..............       643,285       643,285

NNSA CIO activities.......................       155,022       155,022

Legacy contractor pensions................       185,000       185,000
National security applications............        18,248        18,248
Subtotal, Weapons activities..............     7,577,341     7,900,979

Total, Weapons Activities.................     7,577,341     7,900,979

Defense Nuclear Nonproliferation
Nonproliferation and verification R&D
Operations and maintenance..............       548,186       548,186

Nonproliferation and international               150,119       150,119
security.................................

[[Page H2995]]

International nuclear materials protection
and cooperation...........................       311,000       311,000

Fissile materials disposition
U.S. surplus fissile materials
disposition
Operations and maintenance
U.S. plutonium disposition..........       498,979       498,979
U.S. uranium disposition............        29,736        29,736
Total, Operations and maintenance.........       528,715       528,715
Construction:
99 D 143 Mixed oxide fuel                  388,802       388,802
fabrication facility, Savannah
River, SC..........................
Total, Construction.......................       388,802       388,802
Total, U.S. surplus fissile materials            917,517       917,517
disposition..............................

Russian surplus fissile materials                3,788         3,788
disposition............................
Total, Fissile materials disposition......       921,305       921,305

Global threat reduction initiative........       466,021       493,021
Legacy contractor pensions................        62,000        62,000
Total, Defense Nuclear Nonproliferation...     2,458,631     2,485,631

Naval Reactors
Naval reactors development................       418,072       418,072
Ohio replacement reactor systems                  89,700       186,700
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                2,000         2,000
storage building, KSO..................
13 D 903, KS Prototype Staff Building,          14,000        14,000
KSO....................................
10 D 903, Security upgrades, KAPL.......        19,000        19,000
08 D 190 Expended Core Facility M 290            5,700         5,700
recovering discharge station, Naval
Reactor Facility, ID...................
Total, Construction.......................        49,590        49,590

Program direction.........................        43,212        45,212
Subtotal, Naval Reactors..................     1,088,635     1,187,635

Total, Naval Reactors.....................     1,088,635     1,187,635

Office Of The Administrator
Office of the administrator...............       411,279       363,279
Total, Office Of The Administrator........       411,279       363,279

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               15,156        15,156
support................................
Total, Hanford site.......................       963,323       963,323

Idaho National Laboratory:
Idaho cleanup and waste disposition.....       396,607       396,607
Idaho community and regulatory support..         3,000         3,000
Total, Idaho National Laboratory..........       399,607       399,607

NNSA sites
Lawrence Livermore National Laboratory..         1,484         1,484
Nuclear facility D & D Separations              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       334,268

Oak Ridge Reservation:
Building 3019...........................        67,525        67,525
OR cleanup and disposition..............       109,470       109,470
OR reservation community and regulatory          4,500         4,500
support................................

[[Page H2996]]

Total, Oak Ridge Reservation..............       181,495       181,495

Office of River Protection:
Waste treatment and immobilization plant
01 D 416 A-E/ORP-0060 / Major                690,000       690,000
construction.........................

Tank farm activities
Rad liquid tank waste stabilization          482,113       482,113
and disposition......................
Total, Office of River protection.........     1,172,113     1,172,113

Savannah River sites:
Savannah River risk management                 444,089       444,089
operations.............................
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       720,843
Total, Savannah River site................     1,181,516     1,181,516

Waste Isolation Pilot Plant
Waste isolation pilot plant.............       198,010       198,010
Total, Waste Isolation Pilot Plant........       198,010       198,010

Program direction.........................       323,504       323,504
Program support...........................        18,279        18,279

Safeguards and Security:
Oak Ridge Reservation...................        18,817        18,817
Paducah.................................         8,909         8,909
Portsmouth..............................         8,578         8,578
Richland/Hanford Site...................        71,746        71,746
Savannah River Site.....................       121,977       121,977
Waste Isolation Pilot Project...........         4,977         4,977
West Valley.............................         2,015         2,015
Total, Safeguards and Security............       237,019       237,019

Technology development....................        20,000        30,000
Uranium enrichment D&D fund contribution..       463,000       463,000
Subtotal, Defense environmental cleanup...     5,494,124     5,504,124

Adjustments
Use of prior year balances...........        12,123        12,123
Use of unobligated balances..........        10,000        10,000
Total, Adjustments........................        22,123        22,123
Total, Defense Environmental Cleanup......     5,472,001     5,482,001

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
Total, Health, safety and security........       245,500       195,500

Specialized security activities...........       188,619       188,619

Office of Legacy Management
Legacy management.......................       164,477       164,477
Program direction.......................        13,469        13,469
Total, Office of Legacy Management........       177,946       177,946

Defense-related activities
Defense related administrative support....       118,836       118,836
Office of hearings and appeals............         4,801         4,801
Subtotal, Other defense activities........       735,702       685,702
Total, Other Defense Activities...........       735,702       685,702
------------------------------------------------------------------------

The Acting CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 112
485 and amendments en bloc described in section 3 of House Resolution
661.

[[Page H2997]]

Each amendment printed in the report shall be considered only in the
order printed in the report, may be offered only by a Member designated
in the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Such
amendments en bloc shall be considered as read, shall be debatable for
20 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their designees,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question. The original proponent of an amendment
included in such amendments en bloc may insert a statement in the
Congressional Record immediately before the disposition of the
amendments en bloc.

{time}  1510

Amendment No. 1 Offered by Mr. McKeon

The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 112 485.
Mr. McKEON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 448, strike line 21 and insert ``Not later than 120
days after the date''.
Page 448, line 23, strike ``submit'' and insert
``provide''.
Page 449, line 1, strike ``report'' and insert
``briefing''.
Page 450, strike lines 8 through 15.
Strike the section heading for section 1104 and insert the
following:

SEC. 1104. 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''.
Page 796, beginning line 12, strike ``the Secretary may
transfer appropriated funds available'' and insert ``the
Secretary is authorized to transfer funds made available in
fiscal year 2013''.
Page 840, line 4, strike the period and insert the
following: ``or with a detailed justification on the
continued threat and how the continuation of the program
would effectively address such threat.''.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Mr. Chairman, I ask unanimous consent that my amendment
No. 1 be modified in the manner that I have placed at the desk.
The Acting CHAIR. The Clerk will report the modification.
The Clerk read as follows:

Modification to amendment No. 1 offered by Mr. McKeon:

At the end of the amendment, add the following:
At the end of subtitle A of title VII, add the following:

SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER TRICARE.

(a) In General.--Section 1077 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g)(1) In providing health care under subsection (a) to a
covered beneficiary described in paragraph (3)(A), the
treatment of autism spectrum disorders shall include
behavioral health treatment, including applied behavior
analysis, when prescribed by a physician.
``(2) In carrying out this subsection, the Secretary shall
ensure that--
``(A) except as provided by subparagraph (B), a person who
is authorized to provide behavioral health treatment is
licensed or certified by a State or accredited national
certification board; and
``(B) if applied behavior analysis or other behavioral
health treatment is provided by an employee or contractor of
a person described in subparagraph (A), the employee or
contractor shall meet minimum qualifications, training, and
supervision requirements as set forth by the Secretary.
``(3)(A) A covered beneficiary described in this
subparagraph is a covered beneficiary who is a beneficiary by
virtue of--
``(i) service in the armed forces (not including the Coast
Guard); or
``(ii) being a dependent of a member of the armed forces
(not including the Coast Guard).
``(B) Nothing in this subsection shall be construed as
limiting or otherwise affecting the benefits otherwise
provided under this chapter to a covered beneficiary who is a
beneficiary by virtue of--
``(i) service in the Coast Guard, the Commissioned Corp of
the National Oceanic and Atmospheric Administration, or the
Commissioned Corp of the Public Health Service; or
``(ii) being a dependent of a member of a service described
in clause (i).
``(C) This subsection shall not apply to a medicare-
eligible beneficiary (as defined in section 1111(b) of this
title).
``(D) Except as provided in subparagraph (C), nothing in
this subsection shall be construed as limiting or otherwise
affecting the benefits provided to a medicare-eligible
beneficiary under--
``(i) this chapter;
``(ii) part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.); or
``(iii) any other law.''.
(b) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1406 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for Private Sector Care is hereby increased by
$30,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for Research, Development, Test
and Evaluation, Army, as specified in the corresponding
funding table in division D, is hereby reduced by
$30,000,000, to be derived as follows:
(A) $21,000,000 from the Aerostat Joint Project Office.
(B) $9,000,000 from Endurance UAVs.

Mr. McKEON (during the reading). Mr. Chairman, I ask unanimous
consent that the modification be considered as read.
The Acting CHAIR. Is there objection to the request of the gentleman
from California?
There was no objection.
The Acting CHAIR. Is there objection to modifying the amendment?
Without objection, the amendment is modified.
There was no objection.
The Acting CHAIR. The Chair recognizes the gentleman from California.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
We have worked long and hard, the staff has worked long and hard to
get us to this point. This manager's amendment that we've worked on has
been worked through both sides. We have unanimous agreement on it. It's
a good bill, a good addition to the bill, and I ask that it be
approved.
I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, although I am not opposed, I
ask unanimous consent to claim the time in opposition.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. SMITH of Washington. Mr. Chairman, I yield 2\1/2\ minutes to the
gentleman from California (Mr. Berman), the ranking member on the
Foreign Affairs Committee.
Mr. BERMAN. Thank you, Mr. Smith, for yielding me this time.
I rise in support of the manager's amendment, but to speak in support
of the Smith amendment, which is part of the en bloc amendment which
will be taken up next. I am pleased to join Ranking Member Smith,
Chairman McKeon, and Foreign Affairs Chair Ros-Lehtinen as sponsor of
the Smith amendment.
I am particularly pleased that this amendment incorporates most of
H.R. 3288, the Safeguarding United States Satellite Leadership and
Security Act, legislation I introduced last November, along with Don
Manzullo, Adam Smith, Dutch Ruppersberger, Rob Bishop, Martin Heinrich,
Mike Coffman, and Gerry Connolly. We have since been joined by 12 other
cosponsors from both sides of the aisle, many of whom are also
cosponsors of this amendment.
Mr. Chairman, this bipartisan amendment, which will be part of the en
bloc, would help restore America's global competitiveness in high-tech
satellite technology and protect vital U.S. national security
interests.
Treating commercial satellites and components as if they were lethal
weapons, regardless of whether they're going to friend or foe, has
gravely

[[Page H2998]]

harmed American space manufacturers--a view borne out by numerous
studies, industry assessments, and the administration's own recent
``1248'' report to Congress. We depend on these manufacturers for our
own critical defense needs. If onerous restrictions prevent them from
competing in the international marketplace, then they can't innovate
and ultimately cannot survive.
This amendment also supports U.S. national security. It includes a
strict prohibition on any satellite exports to China--the original
concern that caused Congress to transfer all satellites to the
Munitions List--as well as to Iran, North Korea, Syria, Sudan, and
Cuba.
I urge my colleagues to support the amendment, and I thank the chair
and the ranking member of the committee for their support of this
amendment.
Mr. McKEON. Mr. Chairman, I just want to rise to commend the
gentleman, Mr. Berman, for his strong work on this amendment, for the
work that he's done to further this cause of helping businesses in
being able to do business abroad while still protecting the security of
America.
I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield myself the balance of
my time.
I support the manager's amendment. I'm going to speak the balance of
my time on the Smith-Amash amendment coming up later. There has been a
great deal of distorted information going out. I want to take this
opportunity to correct some of it.
First of all, the Gohmert amendment that's being offered does not
solve the problem; you will still be subject to military custody and
indefinite detention. It is not clear on that point; it leaves open the
possibility the President will maintain that authority, and that is
what this debate should be all about.
The President, right now, has the authority to go outside of the
normal due process, constitutionally protected rights that are part of
a court trial, and lock somebody up indefinitely or place them in
military custody here in the U.S. That is an extraordinary amount of
power to give the executive branch over individual freedom and liberty.
I don't think it is necessary to keep us safe. Ten years of
successfully prosecuting, convicting, and locking up terrorists under
Article III courts has proven that point.
But hands down, the dumbest set of arguments I've ever heard in
debating has been circulating that somehow taking away this
extraordinary power from the President rewards terrorists. I would like
to remind everybody--and particularly Tea Party conservatives--that
just because the government arrests you doesn't mean you're guilty.
Under their thinking, basically, once the government says you're a
terrorist, you're a terrorist, and we shouldn't have a trial about it.
So any effort to make sure that there's a process, to make sure that
you actually are a terrorist becomes rewarding them. No; it's the
process to make sure they are actually guilty. I cannot believe that
Tea Party conservatives want to create a situation where when the
government says you're guilty of a crime, that's it--no trial, no
process, let's just lock you up and forget about it. That's why we have
a court system.
Let's have the real debate here. Does the President need this
authority to keep us safe? I don't believe he does. Let's stop these
ridiculous arguments about rewarding terrorists and have some respect
for the Constitution and due process.
With that, I yield back the balance of my time.
Mr. McKEON. At this point, Mr. Chairman, I yield the balance of our
time to the vice chairman of the committee, the gentleman from Texas
(Mr. Thornberry).
Mr. THORNBERRY. I thank the chairman for yielding.
Mr. Chairman, we're going to have ample opportunity to debate a
number of the issues that the distinguished ranking member raised, but
I don't think that we can be here on the floor and allow some of the
arguments that have been made to go without some challenge.
For example, to say that a letter signed by two former Attorneys
General, a former Secretary of Homeland Security, and a variety of
other officials who have had positions of responsibility in previous
administrations who believe that the Smith-Amash amendment would be
detrimental to our effort against terrorists, to say that those
arguments are somehow silly or foolish I think really demeans past
administrations.

{time}  1520

It is not actually fitting for this sort of debate. I understand that
emotions can run high when we talk about these issues, and there are
serious issues to be discussed, some difficult problems and some clear
differences. But I hope that in the future the nature of the debate is
elevated somewhat beyond calling former distinguished officials names.
And let me make one other point. One of the key problems that many of
us have with the Smith-Amash amendment is that it would bestow upon
illegal aliens who come to this country to carry out terrorist attacks,
it would bestow upon them full constitutional rights. That means
basically, as soon as a member of al Qaeda sets foot on American soil,
the first thing he hears after ``you are under arrest'' is you have the
right to remain silent. You have the right to be provided an attorney.
And if you can't afford one, an attorney will be provided to you.
Now, there may be differences about how we should treat illegal
aliens who come here as members of al Qaeda to conduct terrorist
attacks. But I think the vast majority of people in this body and
around the country do not think telling them they have the right to
remain silent, as the first thing they hear, is a wise thing.
So as you go through the arguments, and I would encourage Members of
the House to read the letter themselves. I would encourage Members of
the House to look at today's Wall Street Journal editorial. I would
encourage Members of the House to look at the Heritage Foundation entry
today on their Web site, to look how significant these issues are, how
the Smith-Amash amendment would undermine our ability to defend our
people, and how it is unfair to characterize concerns expressed by a
dozen or eight to 10 former national security officials as somehow
foolish or silly.
I think, Mr. Chairman, that we can do better with that.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment, as modified,
offered by the gentleman from California (Mr. McKeon).
The amendment, as modified, was agreed to.

Amendments En Bloc No. 1 Offered by Mr. McKeon

Mr. McKEON. Mr. Chairman, pursuant to H. Res. 661, I offer amendments
en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.

Amendments en bloc No. 1 consisting of amendment Nos. 2,
13, 14, 15, 16, 21, 23, 25, 27, 28, 40, 43, 57, 74, 83, 95,
97, 102, 107, and 126, printed in House Report No. 112 485,
offered by Mr. McKeon of California:

amendment no. 2 offered by mr. landry of louisiana

At the end of title X, add the following new section:

SEC. 1084. PROHIBITION ON USE OF INFORMATION AGAINST A UNITED
STATES CITIZEN GATHERED BY UNMANNED AERIAL
VEHICLE WITHOUT A WARRANT.

Notwithstanding any other provision of law, information
acquired by an unmanned aerial vehicle operated by the
Department of Defense may not be admitted in a Federal court,
State court, or court of a political subdivision of a State
as evidence against a United States citizen unless such
information was obtained by such unmanned aerial vehicle
pursuant to a court order.

amendment no. 13 offered by mr. hanna of new york

At the end of subtitle D of title II, add the following new
section:

SEC. 245. REPORT ON AIR FORCE CYBER OPERATIONS.

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 study of Air Force cyber
operations research, science, and technology. The report
shall include following:
(1) The near-, mid- and far-term research and development
priorities of the Secretary with respect to cyber operations,
including the resources needed to execute such priorities.
(2) The percentage of research and development funding of
the Air Force that is used to support cyber operations during
each year covered by the future-years defense program
submitted to Congress during 2012 under section 221 of title
10, United States Code.

[[Page H2999]]

(3) The anticipated role of each of the installations of
the Air Force Research Laboratory with respect to
cybersecurity research and development and operational
support during each year covered by such future-years defense
program.
(4) The resources, including both personnel and funding,
that are projected to support the Air Force Research
Laboratory in fulfilling such roles.
(5) Anticipated budget actions, if any, that the Secretary
of Defense and the Secretary of the Air Force plan to take
during fiscal year 2013 to ensure that the Department of
Defense and the Air Force maintain the leadership role in
cyber research.
(6) The plan of the Secretary of the Air Force to integrate
cyber operations into military operations.
(7) The ways in which the Secretary is recruiting and
retaining scientists and engineers at the Air Force Research
Laboratory involved with cyber operations research, including
the use of the authorities granted under the laboratory
demonstration program established by Section 342 of the
National Defense Authorization Act for Fiscal Year1995 and
section 1114 of the National Defense Authorization Act for
Fiscal Year 2001.
(8) Efforts to coordinate science and technology cyber
activities of the Air Force Research Laboratory with other
Air Force organizations, including the Air Force Institute of
Technology and the Air Force Institute of Technology Center
for Cyberspace Research.
(9) The potential benefit to the Air Force for
collaboration with private industry and the development of
cyber security technology clusters.

amendment no. 14 offered by mr. bishop of utah

Page 95, strike lines 15 through 18, and insert the
following:
(4) in paragraph (2)(C), by striking the period and
inserting ``;

amendment no. 15 offered by mr. gallegly of california

In title III, at the end of subtitle B add the following:

SEC. __. SOUTHERN SEA OTTER MILITARY READINESS AREAS.

(a) Establishment of the Southern Sea Otter Military
Readiness Areas.--Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec.  2283. Establishment of the Southern Sea Otter
Military Readiness Areas

``(a) Establishment.--The Secretary of Defense shall
establish areas, to be known as `Southern Sea Otter Military
Readiness Areas', for national defense purposes. Such areas
shall include each of the following:
``(1) The area that includes Naval Base Ventura County, San
Nicolas Island, and Begg Rock and the adjacent and
surrounding waters within the following coordinates:
``N. Latitude/W. Longitude
``33 deg.27.8'/119 deg.34.3'
``33 deg.20.5'/119 deg.15.5'
``33 deg.13.5'/119 deg.11.8'
``33 deg.06.5'/119 deg.15.3'
``33 deg.02.8'/119 deg.26.8'
``33 deg.08.8'/119 deg.46.3'
``33 deg.17.2'/119 deg.56.9'
``33 deg.30.9'/119 deg.54.2'.
``(2) The area that includes Naval Base Coronado, San
Clemente Island and the adjacent and surrounding waters
running parallel to shore to 3 nautical miles from the high
tide line, as designated by part 165 of title 33, Code of
Federal Regulations, on May 20, 2010, as the San Clemente
Island 3NM Safety Zone.
``(3) The area that includes Marine Corps Base Camp
Pendleton and the adjacent waters within the following
coordinates:
``Latitude/W. Longitude
``33 deg.26.6'/117 deg.38.9'
``33 deg.21.3'/117 deg.45.8'
``32 deg.56.2'/117 deg.39.7'
``33 deg.6.5'/117 deg.28.5'
``33 deg.10.2'/117 deg.23.7'
``33 deg.11.8'/117 deg.23.2'
``33 deg.26.6'/117 deg.38.9'.
``(b) Activities Within the Southern Sea Otter Military
Readiness Areas.--
``(1) Incidental takings under endangered species act of
1973.--Sections 4 and 9 of the Endangered Species Act of 1973
(16 U.S.C. 1533, 1538) shall not apply with respect to the
incidental taking of any southern sea otter in the Southern
Sea Otter Military Readiness Areas in the course of
conducting a military readiness activity.
``(2) Incidental takings under marine mammal protection act
of 1972.--Sections 101 and 102 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply
with respect to the incidental taking of any southern sea
otter in the Southern Sea Otter Military Readiness Areas in
the course of conducting military readiness activities.
``(3) Treatment as species proposed to be listed.--For
purposes of any military readiness activity, any southern sea
otter while within the Southern Sea Otter Military Readiness
Areas shall be treated for the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) as a member
of a species that is proposed to be listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
``(c) Removal.--Nothing in this section or any other
Federal law shall be construed to require the removal of any
southern sea otter located within the Southern Sea Otter
Military Readiness Areas as of the date of the enactment of
this section or thereafter.
``(d) Revision or Termination of Exceptions.--The Secretary
of the Interior may revise or terminate the application of
subsection (b) if the Secretary of the Interior, in
consultation with, and with the concurrence of, the Secretary
of the Navy, determines that military activities occurring in
the Southern Sea Otter Military Readiness Areas are
substantially impeding southern sea otter conservation or the
return of southern sea otters to optimum sustainable
population levels.
``(e) Monitoring.--
``(1) In general.--The Secretary of the Navy, in
consultation and in cooperation with the Secretary of the
Interior, shall monitor the Southern Sea Otter Military
Readiness Areas not less often than every year to evaluate
the status of the southern sea otter population.
``(2) Reports.--Within 18 months after the effective date
of this section and every three years thereafter, the
Secretaries of the Navy and the Interior shall jointly report
to Congress and the public on monitoring undertaken pursuant
to paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `incidental taking' means any take of a
southern sea otter that is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity.
``(2) The term `optimum sustainable population' means, with
respect to any population stock, the number of animals that
will result in the maximum productivity of the population or
the species, keeping in mind the carrying capacity of the
habitat and the health of the ecosystem of which they form a
constituent element.
``(3) The term `southern sea otter' means any member of the
subspecies Enhydra lutris nereis.
``(4) The term `take'--
``(A) when used in reference to activities subject to
regulation by the Endangered Species Act of 1973 (16 U.S.C.
1531 1544) shall have the meaning given such term in that
Act; and
``(B) when used in reference to activities subject to
regulation by the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 1423h), shall have the meaning given such term in
that Act.
``(5) The term `military readiness activity' has the
meaning given that term in section 315(f) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107 314; 16 U.S.C. 703 note), and includes all
training and operations of the Armed Forces that relate to
combat, and the adequate and realistic testing of military
equipment, vehicles, weapons, and sensors for proper
operation and suitability for combat use.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``2283. Establishment of the Southern Sea Otter Military Readiness
Areas.''.

(c) Conservation and Management Actions.--Section 1 of
Public Law 99 625 (16 U.S.C. 1536 note) is amended by adding
at the end the following:
``(g) Conservation and Management Actions.--If the
Secretary issues a final rule ending the management plan
authorized under subsection (b) through the termination of
the regulations implementing such plan--
``(1) the Secretary, in planning and implementing recovery
and conservation measures under the Act to allow for the
expansion of the range of the population of the sea otter,
shall coordinate and cooperate with--
``(A) the Secretary of the Navy;
``(B) the Secretary of Commerce regarding recovery efforts
for species listed under the Act; and
``(C) the State of California to assist the State in
continuing viable commercial harvest of State fisheries; and
``(2) interaction with sea otters in the course of engaging
in fishing in any State fishery south of Point Conception,
California, under an authorization issued by the State of
California shall not be treated as a violation of section 9
of the Act for incidental take or of the Marine Mammal
Protection Act of 1972.''.

amendment no. 16 offered by Ms. Hayworth of New York

At the end of subtitle C of title III, add the following
new section:

SEC. 3__. SENSE OF CONGRESS REGARDING THE PERFORMANCE OF
COMMERCIALLY-AVAILABLE ACTIVITIES BY DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) our Nation's economic strength is characterized by
individual freedom and the competitive enterprise system, and
as such, the Federal Government should not compete with its
citizens and private enterprise;
(2) in recognition of this policy, the Government should
rely on commercially available sources to provide commercial
products and services and should not start or carry on any
activity to provide a commercial product or service if the
product or service can be procured more economically from a
commercial source;
(3) this policy conforms with Department of Defense Total
Force Management procedures aimed at improving total manpower
requirements, determinations, and planning to facilitate
decisions regarding which sector

[[Page H3000]]

(military, civilian, or contractor personnel) should perform
each requirement; and
(4) the Department of Defense should not convert the
performance of any function from performance by a contractor
to performance by Department of Defense civilian employees
unless the function is inherently governmental in nature or
the conversion is necessary to comply with section 129a of
title 10, United States Code, as amended by this Act.
(b) Definition of Inherently Governmental.--In this
section, the term ``inherently governmental'' has the meaning
given that term in section 5(2) of the Federal Activities
Inventory Reform Act of 1998 (Public Law 105 270; 112 Stat.
2384; 31 U.S.C. 501 note).

amendment no. 21 offered by ms. pingree of maine

At the end of subtitle H of title V, add the following new
section:

SEC. 584. SENSE OF CONGRESS ON MILITARY SEXUAL TRAUMA.

(a) Findings.--Congress finds the following:
(1) The Department of Defense conducted a survey of members
of the Armed Forces serving on active duty that revealed that
only 13.5 percent of such members reported incidents of
sexual assault, which means that more than 19,000 incidents
of sexual assault of members of the Armed Forces actually
occurred in 2010 alone.
(2) Despite attempts, the Department of Defense has failed
to address the chronic under reporting of incidents of sexual
assault and harassment, as by the Department's own estimates,
86 percent of sexual assaults went unreported in 2010.
(3) Sexual assault in the military is an ongoing problem
leading many victims to seek help after separation from the
Armed Forces from the Department of Veterans Affairs.
(4) About 1 in 5 women and 1 in 100 men seen in Veterans
Health Administration respond ``Yes'' when screened for
military sexual trauma.
(5) Among users of healthcare provided by the Department of
Veterans Affairs, medical record data indicates that
diagnoses of post-traumatic stress disorder and other anxiety
disorders, depression and other mood disorders, and substance
use disorders are most frequently associated with military
sexual trauma.
(b) Sense of Congress.--It is the sense of Congress that--
(1) 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; and
(2) 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 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.

amendment no. 23 offered by mr. bishop of new york

SEC. 5__. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE
REMAINS OF CERTAIN MEMBERS OF THE ARMED FORCES
KILLED IN THURSTON ISLAND, ANTARCTICA.

(a) Findings.--Congress makes the following findings:
(1) Commencing August 26, 1946, though late February 1947
the United States Navy Antarctic Developments Program Task
Force 68, codenamed ``Operation Highjump'' initiated and
undertook the largest ever-to-this-date exploration of the
Antarctic continent.
(2) The primary mission of the Task Force 68 organized by
Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear
Admiral Richard H. Cruzen, USN, was to do the following:
(A) Establish the Antarctic research base Little America
IV.
(B) In the defense of the United States of America from
possible hostile aggression from abroad - to train personnel
test equipment, develop techniques for establishing,
maintaining and utilizing air bases on ice, with
applicability comparable to interior Greenland, where
conditions are similar to those of the Antarctic.
(C) Map and photograph a full two-thirds of the Antarctic
Continent during the classified, hazardous duty/volunteer-
only operation involving 4700 sailors, 23 aircraft and 13
ships including the first submarine the U.S.S. Sennet, and
the aircraft carrier the U.S.S. Philippine Sea, brought to
the edge of the ice pack to launch (6) Navy ski-equipped,
rocket-assisted R4Ds.
(D) Consolidate and extend United States sovereignty over
the largest practicable area of the Antarctic continent.
(E) Determine the feasibility of establishing, maintaining
and utilizing bases in the Antarctic and investigating
possible base sites.
(3) While on a hazardous duty/all volunteer mission vital
to the interests of National Security and while over the
eastern Antarctica coastline known as the Phantom Coast, the
PBM-5 Martin Mariner ``Flying Boat'' ``George 1'' entered a
whiteout over Thurston Island. As the pilot attempted to
climb, the aircraft grazed the glacier's ridgeline and
exploded within 5 seconds instantly killing Ensign Maxwell
Lopez, Navigator and Wendell ``Bud'' Hendersin, Aviation
Machinists Mate 1st Class while Frederick Williams, Aviation
Radioman 1st Class died several hours later. Six other
crewmen survived including the Captain of the ``George 1's''
seaplane tender U.S.S. Pine Island.
(4) The bodies of the dead were protected from the
desecration of Antarctic scavenging birds (Skuas) by the
surviving crew wrapping the bodies and temporarily burying
the men under the starboard wing engine nacelle.
(5) Rescue requirements of the ``George-1'' survivors
forced the abandonment of their crewmates' bodies.
(6) Conditions prior to the departure of Task Force 68
precluded a return to the area to the recover the bodies.
(7) For nearly 60 years Navy promised the families that
they would recover the men: ``If the safety, logistical, and
operational prerequisites allow a mission in the future,
every effort will be made to bring our sailors home.''.
(8) The Joint POW/MIA Accounting Command twice offered to
recover the bodies of this crew for Navy.
(9) A 2004 NASA ground penetrating radar overflight
commissioned by Navy relocated the crash site three miles
from its crash position.
(10) The Joint POW/MIA Accounting Command offered to
underwrite the cost of an aerial ground penetrating radar
(GPR) survey of the crash site area by NASA.
(11) The Joint POW/MIA Accounting Command studied the
recovery with the recognized recovery authorities and
national scientists and determined that the recovery is only
``medium risk''.
(12) National Science Foundation and scientists from the
University of Texas, Austin, regularly visit the island.
(13) The crash site is classified as a ``perishable site'',
meaning a glacier that will calve into the Bellingshausen
Sea.
(14) The National Science Foundation maintains a presence
in area - of the Pine Island Glacier.
(15) The National Science Foundation Director of Polar
Operations will assist and provide assets for the recovery
upon the request of Congress.
(16) The United States Coast Guard is presently pursuing
the recovery of 3 WWII air crewmen from similar circumstances
in Greenland.
(17) On Memorial Day, May 25, 2009, President Barak Obama
declared: ``. . .the support of our veterans is a sacred
trust. . .we need to serve them as they have served us. .
.that means bringing home all our POWs and MIAs. . .''.
(18) The policies and laws of the United States of America
require that our armed service personnel be repatriated.
(19) The fullest possible accounting of United States
fallen military personnel means repatriating living American
POWs and MIAs, accounting for, identifying, and recovering
the remains of military personnel who were killed in the line
of duty, or providing convincing evidence as to why such a
repatriation, accounting, identification, or recovery is not
possible.
(20) It is the responsibility of the Federal Government to
return to the United States for proper burial and respect all
members of the Armed Forces killed in the line of duty who
lie in lost graves.
(b) Sense of Congress.--In light of the findings under
subsection (a), Congress--
(1) reaffirms its support for the recovery and return to
the United States, the remains and bodies of all members of
the Armed Forces killed in the line of duty, and for the
efforts by the Joint POW-MIA Accounting Command to recover
the remains of members of the Armed Forces from all wars,
conflicts and missions;
(2) recognizes the courage and sacrifice of all members of
the Armed Forces who participated in Operation Highjump and
all missions vital to the national security of the United
States of America;
(3) acknowledges the dedicated research and efforts by the
US Geological Survey, the National Science Foundation, the
Joint POW/MIA Accounting Command, the Fallen American
Veterans Foundation and all persons and organizations to
identify, locate, and advocate for, from their temporary
Antarctic grave, the recovery of the well-preserved frozen
bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick
Williams, Aviation Machinist's Mate 1ST Class, Wendell
Hendersin, Aviation Radioman 1ST Class of the ``George 1''
explosion and crash; and
(4) encourages the Department of Defense to review the
facts, research and to pursue new efforts to undertake all
feasible efforts to recover, identify, and return the well-
preserved frozen bodies of the ``George 1'' crew from
Antarctica's Thurston Island.

amendment no. 25 offered by mr. petri of wisconsin

At the end of subtitle A of title VI, add the following new
section:

SEC. 6__. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE
MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE
ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

(a) Payment of Benefit.--

[[Page H3001]]

(1) In general.--Subject to subsection (e), the Secretary
concerned shall, upon application therefor, 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, 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.
(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) Payments Subject to Availability of Appropriations.--No
cash payment may be made under subsection (a) unless the
funds to be used to make the payments are available pursuant
to an appropriations Act enacted after the date of enactment
of this Act.
(f) Funding Offset.--The Secretary of Defense shall
transfer $2,000,000 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.
(g) 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).

amendment no. 27 offered by mr. israel of new york

At the end of subtitle C of title VII, add the following
new section:

SEC. 725. 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) Community Partners.--The Secretary of Defense may award
grants to community partners described in subsection (c)
using a competitive and merit-based award process whereby the
awardee agrees to make contributions toward the costs of
activities carried out with the grant, from non-Federal
sources, an amount equal to not less than $3 for each $1 of
funds provided under the grant.
(c) Community Partner Described.--A community partner
described in this subsection is a private non-profit
organization or institution that 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) Providing treatment to such members and their families
for such mental health and substance use disorders and
traumatic brain injury.
(3) Identifying and disseminating evidence-based treatments
of mental health and substance use disorders and traumatic
brain injury described in paragraph (1).
(4) 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 Congress a report on
the results of the pilot program, including the amount of
grants so awarded and activities carried out, 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.

amendment no. 28 offered by mr. posey of florida

At the end of subtitle B of title IX, add the following new
section:

SEC. 916. COMMERCIAL SPACE LAUNCH COOPERATION.

(a) In General.--Chapter 135 of title 10, United States
Code, is 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:

[[Page H3002]]

``(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 is amended by adding at the end the
following new item:

``2276. Commercial space launch cooperation.''.

amendment no. 40 offered by mr. bishop of new york

At the end of title X, add the following new section:

SEC. 1084. THE HOUSE OF REPRESENTATIVES HONORS.

(a) Findings.--The House of Representatives finds the
following:
(1) The spread of warfare across Europe and Asia led to the
establishment on May 20, 1941, of the United States Office of
Civilian Defense by Executive Order 8757 of President
Franklin D. Roosevelt, to ``assure effective coordination of
Federal relations with State and local governments engaged in
defense activities, to provide for necessary cooperation with
States and local governments in respect to measures for
adequate protection of the civilian population in emergency
periods, to facilitate constructive civilian participation in
the defense program, and to sustain national morale''.
(2) The December 7, 1941, attack by the Empire of Japan on
Pearl Harbor, Hawaii, precipitated the entry of the United
States into the worldwide conflict and signaled a new era of
warfare that demanded new efforts to protect the people of
the United States from airborne assault by an overseas enemy.
(3) In response to this new threat, the United States
Office of Civilian Defense mobilized millions of volunteers
to participate in efforts to enhance the preparedness of the
United States in case of attack, including fire protection,
communication and logistics, construction of bomb shelters,
and air raid blackout drills.
(4) Thousands of Americans unable to serve in the United
States Armed Forces volunteered their service as Air Raid
Wardens in communities across the United States during World
War II, contributing to America's defense against potential
enemy assault and the ultimate victory of the Allied nation.
(5) A training manual distributed to Air Raid Wardens
during World War II noted that ``In the system of civilian
defense, the Air Raid Warden occupies the key position. He is
the field officer under whose supervision the efforts of the
civilian population are directed in the tremendous task of
effective defense. Through the Air Raid Wardens, civilian
activity is coordinated with that of the police and fire
departments and other vital services.''
(6) Training manuals distributed to Air Raid Wardens
included ``I am an Air Raid Warden'', by Frank W. Atherton,
Chief Air Raid Warden, 1st District, United States Citizens'
Defense Corps of Michigan, which read, in part that ``I am an
Air Raid Warden. My country, my state and my community have
given me many pleasant and fruitful years and now in time of
trouble I feel that it is my duty to do my part in the work
assigned to me in helping to reduce to a minimum any harm
that may come from without or within.''
(7) Tony Pastor and His Orchestra released a song in 1942,
titled ``Obey Your Air Raid Warden'', which was widely
distributed as a public service announcement and contained
the following lyrics: ``One, be calm. Two, get under shelter.
Three, don't run. Obey your air-raid warden. Four, stay home.
Five, keep off the highway. Six, don't phone. Obey your air-
raid warden. There are rules that you should know, What to do
and where to go, When you hear the sirens blow, Stop, look,
and listen. Seven, don't smoke. Eight, help all the kiddies.
Most of all, obey your air-raid warden. Stop, look, and
listen. Dim the lights, Wait for information, Most of all,
obey your air-raid warden. Stop the panic, Don't get in a
huff, Our aim today is to call their bluff. Follow these
rules and that is enough. Obey your air-raid warden.''
(b) The House of Representatives Honors.--The House of
Representatives encourages surviving Air Raid Wardens and
other volunteers of the United States Office of Civilian
Defense during the World War II to record and permanently
preserve stories of their service for future generations.

amendment no. 43 offered by mr. ellison of minnesota

At the end of subtitle D of title XII of division A of the
bill, add the following:

SEC. 12XX. LIMITATION ON ASSISTANCE TO PROVIDE TEAR GAS OR
OTHER RIOT CONTROL ITEMS.

None of the funds authorized to be appropriated by this Act
may 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 the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives that the security forces of such
government are not using excessive force to repress peaceful,
lawful, and organized dissent.

amendment no. 57 offered by mr. turner of ohio

Page 831, strike lines 8 through 13 and insert the
following: ``the Administrator shall prescribe appropriate
policies and regulations to ensure the adequate protection of
the health and safety of the employees of the Administration,
contractors of the Administration, and the public. Such
policies and regulations shall be based upon risk whenever
sufficient data exists.''.
Page 831, after line 22, insert the following new
paragraph:
``(3) Construction.--Nothing in this subsection shall be
construed to cause a reduction in nuclear safety
standards.''.
Page 922, beginning line 18, strike ``ensure'' and all that
follows through ``protected.'' on line 23 and insert the
following: ``ensure the adequate protection of public health
and safety at defense nuclear facilities of the Department of
Energy. Such analysis, advice, and recommendations shall be
based upon risk whenever sufficient data exists.''.
Page 923, line 2, insert ``and'' after the semicolon.
Page 923, strike lines 3 through 13.
Page 923, line 14, strike ``(iv)'' and insert ``(ii)''.
Page 923, strike lines 15 through 21.
Page 923, line 22, strike ``(II)'' and insert ``(I)''.
Page 923, line 23, insert ``risk (whenever sufficient data
exists)'' after ``assess''.
Page 924, line 1, strike ``(III)'' and insert ``(II)''.
Page 931, after line 4, insert the following new
subsection:
(h) Safety Standards.--Nothing in this section nor in the
amendments made by this section shall be construed to cause a
reduction in nuclear safety standards.

amendment no. 74 offered by ms. chu of california

At the end of section 535, relating to efforts to prevent
and respond to hazing incidents involving members of the
Armed Forces, add the following new subsections:
(f) Annual Reporting Requirement.--
(1) In general.--The database required by subsection (b)
shall be used to develop and implement an annual
congressional report.
(2) Reports required.--Not later than January 15 of each
year, the Secretary of Defense and the Secretary of Homeland
Security (with respect to the Coast Guard) shall submit to
the designated congressional committees a report on the
hazing incidents involving members of the Armed Forces during
the preceding year.
(3) Elements.--Each report shall include the following:
(A) an assessment by the Secretaries of the implementation
during the preceding year of the policies and procedures of
each Armed Force on the prevention of and response to hazing
involving members of the Armed Forces in order to determine
the effectiveness of such policies and procedures.
(B) Data on the number of alleged and substantiated hazing
incidents within each Armed Force that occurred that year,
including the race, gender and Armed Force of the victim and
offender, the nature of the hazing, and actions taken to
resolve and address the hazing.
(g) Comptroller General Report.--
(1) Report required.--Not later than one year after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the designated congressional
committees a report on the policies to prevent hazing and
systems initiated to track incidents of hazing in each of the
Armed Forces, including officer cadet schools, military
academies, military academy preparatory schools, and basic
training and professional schools for enlisted members.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An evaluation of the definition of hazing used pursuant
to subsection (e).
(B) A description of the criteria used, and the methods
implemented, in the systems to track incidents of hazing in
the Armed Forces.
(C) An assessment of the following:
(i) The scope of hazing in each Armed Force.
(ii) The policies in place and the training on hazing
provided to members throughout the course of their careers
for each Armed Force.
(iii) The actions taken to mitigate hazing incidents in
each Armed Force.
(iv) The effectiveness of the training and policies in
place regarding hazing.
(v) The number of alleged and substantiated incidents of
hazing over the last five years for each Armed Force, the
nature of these cases and actions taken to address such
matters through non-judicial and judicial action.''
(D) An evaluation of the additional actions, if any, the
Secretary of Defense and the Secretary of Homeland Security
propose to take to further address the incidence of hazing in
the Armed Forces.
(E) Such recommendations as the Comptroller General
considers appropriate for improving hazing prevention
programs, policies, and other actions taken to address hazing
within the Armed Forces.

[[Page H3003]]

(h) Designated Congressional Committees Defined.--In
subsections (f) and (g), the term ``designated congressional
committees'' means--
(1) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Commerce, Science and Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Transportation and Infrastructure of the House of
Representatives.

amendment no. 83 offered by ms. slaughter of new york

At the end of subtitle H of title V, add at the end the
following new section:

SEC. 5__. CORRECTION OF MILITARY RECORDS OF MEMBERS OF THE
ARMED FORCES WHO EXPERIENCE RETALIATORY
PERSONNEL ACTIONS FOR MAKING A REPORT OF SEXUAL
ASSAULT OR SEXUAL HARASSMENT.

The Secretary of Defense shall conduct 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.

amendment no. 95 offered by mr. larsen of washington

Strike section 818 and insert the following:

SEC. 818. ASSESSMENT AND REPORT RELATING TO INFRARED
TECHNOLOGY SECTORS.

(a) Assessment.--The Secretary of Defense, in conjunction
with the sector-by-sector, tier-by-tier review conducted by
the Deputy Assistant Secretary of Defense for Manufacturing
and Industrial Base Policy, shall conduct an assessment of
the health and status of various national defense infrared
technology sectors, including technology such as focal plane
arrays sensitive to infrared wavelengths, read-out integrate
circuits, cryogenic coolers, Dewar technology, infrared
sensor engine assemblies, and infrared imaging systems.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of
the assessment within 90 days after the date of the enactment
of this Act.

amendment no. 97 offered by mr. murphy of connecticut

At the end of title VIII, add the following new section:

SEC. 833. CONSIDERATION AND VERIFICATION OF INFORMATION
RELATING TO EFFECT ON DOMESTIC EMPLOYMENT OF
AWARD OF DEFENSE CONTRACTS.

(a) In General.--Section 2305(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6)(A) The head of an agency, in issuing a solicitation
for competitive proposals, shall state in the solicitation
that the agency may consider information (in this paragraph
referred to as a `jobs impact statement') that the offeror
may include in its offer related to the effects on employment
within the United States of the contract if it is awarded to
the offeror.
``(B) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created in the
United States, or the number of jobs retained that otherwise
would be lost, if the contract is awarded to the offeror.
``(ii) The number of jobs created or retained in the United
States by the subcontractors expected to be used by the
offeror in the performance of the contract.
``(iii) A guarantee from the offeror that jobs created or
retained in the United States will not be moved outside the
United States after award of the contract.
``(C) The contracting officer may consider the information
in the jobs impact statement in the evaluation of the offer.
``(D) The agency may request further information from the
offeror in order to verify the accuracy of the information in
the jobs impact statement.
``(E) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the
contract, the agency shall, not later than six months after
the award of the contract and annually thereafter for the
duration of the contract or contract extension, assess the
accuracy of the jobs impact statement.
``(F) The Secretary of Defense shall submit to Congress an
annual report on the frequency of use within the Department
of Defense of jobs impact statements in the evaluation of
competitive proposals.''.
(b) Revision of Federal Acquisition Regulation.--The
Federal Acquisition Regulation shall be revised to implement
the amendment made by this section.

amendment no. 102 offered by mr. larsen of washington

At the end of subtitle E of title X, add the following new
section:

SEC. 1065A. BUDGET REQUIREMENTS ASSOCIATED WITH SUSTAINING
AND MODERNIZING THE NUCLEAR DETERRENT.

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--
``(i) training;
``(ii) basing;
``(iii) security;
``(iv) testing;
``(v) research;
``(vi) development;
``(vii) deployment;
``(viii) transportation;
``(ix) personnel;
``(x) overhead; and
``(xi) other appropriate matters.''; and
(B) by adding at the end the following new paragraph:
``(3) Detailed budget estimate contents.--Each budget
estimate under paragraph (2)(F) shall include a detailed
description of the matters included in such estimate, the
rationale for including such matters, and the cost listed by
location. Such costs listed by location shall be submitted in
the form of a classified annex in accordance with subsection
(b).''; and
(2) by adding at the end the following new subsection:
``(c) Comptroller General.--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.''.

amendment no. 107 offered by mr. lewis of georgia

At the end of title X, add the following new section:

SEC. 10__. COST OF WARS.

The Secretary of Defense, in consultation with the
Commissioner of the Internal Revenue Service and the Director
of the Bureau of Economic Analysis, shall post on the public
Web site of the Department of Defense the costs, including
the relevant legacy costs, to each American taxpayer of each
of the wars in Afghanistan and Iraq.

amendment no. 126 offered by mr. smith of washington

At the end of title XII of division A of the bill, add the
following:

Subtitle E--Authority to Remove Satellites and Related Components and
Technology From the United States Munitions List

SEC. 1241. AUTHORITY TO REMOVE SATELLITES AND RELATED
COMPONENTS AND TECHNOLOGY FROM THE UNITED
STATES MUNITIONS LIST.

(a) Authority.--Subject to subsection (b), the President is
authorized to remove commercial satellites and related
components and technology from the United States Munitions
List, consistent with the procedures in section 38(f) of the
Arms Export Control Act (22 U.S.C. 2778(f)).
(b) Determination.--The President may exercise the
authority provided in subsection (a) only if the President
submits to the appropriate congressional committees a
determination that the transfer of commercial satellites and
related components and technology from the United States
Munitions List does not pose an unacceptable risk to the
national security of the United States. Such determination
shall include a description of the risk-mitigating controls,
procedures, and safeguards the President will put in place to
reduce such risk to an absolute minimum.
(c) Prohibition.--No license or other authorization for
export shall be granted for the transfer, retransfer, or
reexport of any commercial satellite or related component or
technology contained on the Commerce Control List to any
person or entity of the following:
(1) The People's Republic of China.
(2) Cuba.
(3) Iran.
(4) North Korea.
(5) Sudan.
(6) Syria.
(7) Any other country with respect to which the United
States would deny the application for licenses and other
approvals for exports and imports of defense articles under
section 126.1 of the International Traffic in Arms
Regulations.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to the
appropriate congressional committees on efforts of state
sponsors of terrorism, other foreign countries, or entities
to illicitly acquire commercial satellites and related
components and technology.
(2) Form.--Such report shall be submitted in unclassified
form, but may contain a classified annex.
(e) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the

[[Page H3004]]

Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.

SEC. 1242. REPORT ON LICENSES AND OTHER AUTHORIZATIONS TO
EXPORT COMMERCIAL SATELLITES AND RELATED
COMPONENTS AND TECHNOLOGY CONTAINED ON THE
COMMERCE CONTROL LIST.

(a) In General.--Not later than 60 days after the end of
each calendar quarter, the President shall transmit to the
Committee on Banking, Finance, and Urban Affairs of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report containing a listing of all licenses
and other authorizations to export commercial satellites and
related components and technology contained on the Commerce
Control List.
(b) Form.--Such report shall be submitted in unclassified
form, but may contain a classified annex.

SEC. 1243. REVIEW OF UNITED STATES MUNITIONS LIST.

Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
2778(f)(1)) is amended by striking the last sentence and
inserting the following: ``Such notice shall include, to the
extent practicable, an enumeration of the item or items to be
removed and describe the nature of any controls to be imposed
on the item or items under any other provision of law.''.

SEC. 1244. REPORT ON COUNTRY EXEMPTIONS FOR LICENSING OF
EXPORTS OF MUNITIONS AND RELATED TECHNICAL
DATA.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Attorney General and Secretary
of Homeland Security shall submit to the appropriate
congressional committees a report that contains an assessment
of the extent to which the terms and conditions of an
exemption for foreign countries from the licensing
requirements of the Commerce Munitions List (or analogous
controls for commercial satellites and related components and
technology) contain strong safeguards.
(b) Matters to Be Included.--The report shall include a
compilation of sufficient documentation relating to the
export of munitions, commercial spacecraft, and related
technical data to facilitate law enforcement efforts to
effectively detect, investigate, deter, and enforce criminal
violations of any provision of the Export Administration
Regulations, including efforts on the part of state sponsors
of terrorism, other foreign countries, or entities to
illicitly acquire such controlled United States technology.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.

SEC. 1245. END-USE MONITORING OF MUNITIONS AND RELATED
TECHNICAL DATA.

(a) Establishment of Monitoring Program.--In order to
ensure accountability with respect to the export of munitions
and related technical data on the Commerce Munitions List,
the President shall establish a program to provide for the
end-use monitoring of such munitions and related technical
data.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President
shall submit to Congress a report describing the actions
taken to implement this section, including a detailed
accounting of the costs and number of personnel associated
with the program established under subsection (a).

SEC. 1246. INTERAGENCY PROCESS FOR MODIFICATION OF CATEGORY
XV OF THE UNITED STATES MUNITIONS LIST.

(a) Interagency Review.--Subject to the procedures in
section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)), the President shall ensure that, through
interagency procedures or regulations, the Secretary of
State, the Secretary of Defense, the Secretary of Commerce,
and as appropriate the Director of National Intelligence
concur on all subsequent modifications to Category XV of the
United States Munitions List (relating to spacecraft systems
and associated equipment).
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on the results of the interagency reviews
required by subsection (a).
(2) Matters to be included.--The report required under
paragraph (1) shall include the following matters:
(A) A review of the space and space-related technologies
currently on the United States Munitions List, to include
satellite systems, dedicated subsystems, and components.
(B) An assessment of the national security risks of
removing certain space and space-related technologies
identified under subparagraph (A) from the United States
Munitions List.
(C) An examination of the degree to which other nations'
export control policies control or limit the export of space
and space-related technologies for national security reasons.
(D) Recommendations for--
(i) the space and space-related technologies that should
remain on, or may be candidates for removal from, the United
States Munitions List based on the national security review
required under subsection (a);
(ii) the safeguards and verifications necessary to--

(I) prevent the proliferation and diversion of such space
and space-related technologies;
(II) confirm appropriate end use and end users; and
(III) minimize the risk that such space and space-related
technologies could be use in foreign missile, space, or other
applications that could pose a threat to the security of the
United States; and

(iii) improvements to the space export control policy and
processes of the United States that do not adversely affect
United States national security.
(E) A description of and recommendations regarding how the
United States industrial base and United States national
security could be enhanced and strengthened through reforms
to and amendments of export control laws and regulations.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.

SEC. 1247. DEFINITIONS.

In this subtitle:
(1) Commerce munitions list.--The term ``Commerce Munitions
List'' means items transferred from the United States
Munitions List to the Commerce Control List and designated as
``600 series'' items on the Commerce Control List under the
Export Administration Regulations, as proposed by the Bureau
of Industry and Security of the Department of Commerce on
July 15, 2011 (76 Fed. Reg. 41958), or any successor
regulations.
(2) Commercial satellites and related components and
technology.--The term ``commercial satellites and related
components and technology'' means--
(A) communications satellites that do not contain
classified components, including remote sensing satellites
with performance parameters below thresholds identified on
the United States Munitions List; and
(B) systems, subsystems, parts, and components associated
with such satellites and with performance parameters below
thresholds specified for items that would remain on the
United States Munitions List.
(3) Export administration regulations.--The term ``Export
Administration Regulations'' means the Export Administration
Regulations as maintained and amended under the authority of
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), or any successor regulations.
(4) 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 acts of international terrorism pursuant to
section 6(j) of the Export Administration Act of 1979,
section 620A of the Foreign Assistance Act of 1961, section
40 of the Arms Export Control Act, or any other provision of
law.
(5) 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)).

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from California (Mr. McKeon) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Mr. Chairman, I urge the Committee to adopt the
amendments en bloc, all of which have been examined by both the
majority and the minority.
Mr. Chair, I yield, at this time, 1 minute to the gentleman from
California (Mr. Gallegly).
Mr. GALLEGLY. I want to thank Chairman McKeon and also Ranking Member
Smith for all their work in putting this bill together.
My amendment, which is included in the en bloc, will address the
repercussions of the expansion of sea otters into the southern
California coastal waters. With the official termination of the sea
otter containment zone by the Fish and Wildlife Service, sea otters
will begin to migrate south. As they do this, they will be invading
U.S. Naval testing areas.
While I fully support the recovery efforts of the sea otter, this
does not have to happen at the expense of our national security.
By creating military readiness areas around San Nicolas Island, San
Clemente Island, and the shores off Camp Pendleton, sea otters will be
able to expand their range. At the same time, the Navy will be able to
maintain

[[Page H3005]]

their incidental-taking exemption, which allows the Navy to continue
their operation off the southern California coast without harming our
national security.
Further, while implementing a plan for the recovery of sea otters,
the Fish and Wildlife Service will have to coordinate with the Navy and
the Department of Commerce on recovery efforts for other endangered and
threatened species, and the State of California can continue a viable
commercial harvest of fisheries.
The Acting CHAIR. The time of the gentleman has expired.
Mr. McKEON. I yield the gentleman an additional 30 seconds.
Mr. GALLEGLY. I urge support of this en bloc amendment.
Mr. SMITH of Washington. Mr. Chairman, I yield myself 1 minute.
Just to respond to the arguments of the gentleman from Texas, if an
al Qaeda terrorist comes to the U.S., whether they're an illegal alien
or not, frankly, we want them arrested, tried, and convicted. All we
want to do is make sure that they actually are a terrorist before we do
that, to have a process in place so that the President doesn't have
that power to simply lock somebody up without due process and a trial.
And then the argument about how we are bestowing upon illegal aliens
constitutional rights. I've got bad news for the gentleman from Texas.
We aren't bestowing anything. The United States Constitution bestows
upon them those rights.
The United States Constitution says any person in the U.S., not
citizen, not legal, illegal, it doesn't matter. So if he has a beef, he
has a beef with James Madison and everybody else who supported the
Constitution.
And we hear constantly from that side, strict interpretation, the
Constitution must be adhered to. The Constitution says any person, not
any lawful resident or any citizen. The United States Constitution
clearly triggers that. We're not creating anything. In fact, the
Gohmert amendment goes outside the Constitution by creating rights that
aren't contemplated in here, separating people in this country in terms
of who should get what rights. It's in the Constitution: any person.
I reserve the balance of my time.
Mr. McKEON. Mr. Chair, I yield 1 minute to the gentleman from Texas
(Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, I appreciate, again, the strong views
of the distinguished ranking member. I would just say there is a real
difference of opinion about to what extent U.S. constitutional rights,
which each of us, as citizens, are privileged to have, are bestowed
upon any illegal alien, as soon as they set foot in this country.
Now, there are places in the Constitution it says ``persons.'' There
are other places it talks about ``accused.'' But I would point back to
some of the very case law from the Supreme Court such as the Hamdan
decision, which references the differences in procedure that due
process requires for a citizen versus a noncitizen. It is not a clear-
cut thing to say that as soon as you set foot on this soil, then you
have the right to remain silent.
And the part that the gentleman--the other concern that many of us
have is when you say you've got the right to remain silent, that
prevents us from getting the intelligence, the information that
prevents the attack of your buddy, the guy next to you. That's got to
be factored in here too.
Mr. SMITH of Washington. I would just point out that Mirandized or
not, nobody has to speak, and a ton of information has come out of
people after they were Mirandized.
With that, I yield 1 minute to the gentleman from Georgia (Mr.
Lewis).
Mr. LEWIS of Georgia. Mr. Chairman, I want to thank the ranking
member for yielding.
I rise in strong support of the en bloc amendment which includes my
amendment. It requires the Secretary of Defense, the IRS, and Commerce
to calculate the total cost of the wars in Afghanistan and Iraq to each
American taxpayer.
My amendment is about truth and transparency. Americans need to know
how their taxes are being spent so we can make informed decisions about
our budget. Even if you do not oppose war, don't you want to know what
it costs you, your children, your grandchildren, and your great
grandchildren?
For too long there has been a big, fat, blank check for war. We need
to be honest with ourselves. We need to be honest with each other.
Mr. Chairman, I hope all of my colleagues will support the Lewis
amendment in this en bloc package.

{time}  1530

Mr. McKEON. Mr. Chairman, at this time, I yield 2 minutes to the
gentlewoman from California (Mrs. Bono Mack) for the purpose of a
colloquy.
Mrs. BONO MACK. I thank the gentleman for this colloquy. I would like
to first thank him, my good friend from California, for his leadership
and for his hard work in crafting this bill in support of our men and
women in the military.
Mr. Chairman, as you know, these men and women sacrifice their lives
to guarantee our safety. In return, it is our responsibility to provide
the best possible care for them. Specifically, I am returning to an
issue of growing importance to our country, and that is protecting our
military men and women from the detrimental effects of prescription
drug misuse. Because of the physical and emotional hardships we place
on our troops, they are at an increased risk for using prescription
drugs and, therefore, of misusing prescription drugs.
I was encouraged to see the recommendations made by the Pain
Management Task Force at DOD to mitigate the risk of prescription drug
abuses and dependence in pain patients, and I would like to work with
you, Mr. Chairman, and the committee to ensure that the Department of
Defense and the Veterans Administration adopt these recommendations as
quickly as possible.
Mr. Chairman, I thank you again for your help, and I look forward to
working with you as the National Defense Authorization Act moves into
conference.
I yield to the gentleman from California.
Mr. McKEON. I do agree that protecting our men and women in the
military from the detrimental effects of prescription drug misuse,
especially protecting our combat-wounded servicemembers, is of vital
importance.
As the gentlelady knows, the committee report of H.R. 4310 includes
an item of special interest that expresses the support for substance
abuse treatment programs within the military services and that
encourages the Department of Defense to pursue research aimed at
developing new treatments to help our troops who are struggling with
the devastating problem.
I will be happy to work with the gentlewoman from California to
consider the appropriate measures to address this critical issue.
Mr. SMITH of Washington. I yield 1 minute to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman.
As cofounder of the bipartisan Working Group on Export Controls, I
want to thank my colleagues for their hard work to address this system,
which was created in the midst of the Cold War but remained relatively
unchanged despite the amazing advance of technology, which has rendered
much of it obsolete.
We have an opportunity for reform by supporting the administration's
initiatives to deliver greater clarity and efficiency. I think your
amendment makes progress.
I have three concerns:
Provisions, first of all, that deal with the requirement the
administration may be called upon to specify--individually--hundreds of
thousands of parts that will be transferred, a requirement that may be
impossible to comply with;
The amendment includes seven new reporting requirements of little use
but taking valuable time away from enforcement;
And finally, the amendment would remove the President's existing
authority, in place since 1998, to waive restriction on satellite
exports, limiting his ability to conduct foreign policy.
I commend the good work that is in the bill, and hope that these
provisions can be addressed as the legislation moves forward.
Mr. McKEON. I continue to reserve the balance of my time.
Mr. SMITH of Washington. At this time, I yield 1 minute to the
gentleman from Indiana (Mr. Visclosky).

[[Page H3006]]

Mr. VISCLOSKY. I appreciate the gentleman for yielding.
I rise to express my concern that an amendment offered by Mr. Turner
that is contained in the en bloc amendments does not cure provisions in
the underlying bill that weaken the enforcement of worker health and
safety and that create a self-regulation regime for contractors at the
National Nuclear Security Administration, which, I believe, will place
profit above safety. Section 3115 would move the enforcement of worker
health and safety from DOE's Office of Health, Safety and Security to
the National Nuclear Security Administration.
Additionally, the legislation restricts the oversight authority of
the Defense Nuclear Facilities Safety Board, which is a board that has
played a vital role in independently addressing worker safety and
whistleblower issues at large DOE projects.
To support my position, I would quote from this year's House
Committee on Appropriations report accompanying the fiscal year 2013
energy and water bill:

The committee believes that having an independent
assessment capability at the Department is important and
supports the role of HSS.

Mr. McKEON. I continue to reserve the balance of my time.
Mr. SMITH of Washington. I yield 1 minute to the gentlelady from
Maine (Ms. Pingree).
Ms. PINGREE of Maine. I thank the ranking member for yielding his
time.
Mr. Chairman, the amendment I am sponsoring today sends a loud and
clear message to the Departments of Defense and Veterans Affairs.
It sends a message that we recognize that the problem of sexual
assault in the military is real and significant. It sends a message
that the VA should live up to its promise and remove the barriers to
benefits for victims. But, most importantly, it sends a message to the
survivors.
The men and women I have met with who volunteered to serve were
dedicating their lives to military careers when they suddenly found out
their worlds were crashing in on them when they became victims of
sexual assault. It sends a message to them that we hear them, that we
recognize the pain and the injustice they have suffered and that we
will not stand for it.
I met with Secretary Panetta recently, and I know he understands this
problem and is committed to changing the culture, but we cannot call
that good enough. We need to say, in no uncertain terms, that we will
not allow the men and women who wear the uniform to become victims of
sexual assault and that we will not forget those who waited too long
for the benefits they deserve.
Mr. McKEON. May I inquire as to how much time we have remaining?
The Acting CHAIR. The gentleman from Washington has 5 minutes
remaining. The gentleman from California has 6\1/4\ minutes remaining.
Mr. McKEON. I continue to reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from Connecticut (Mr. Murphy).
Mr. MURPHY of Connecticut. I thank the ranking member.
I rise today to support my amendment, No. 97, originally introduced
as the American Jobs Matter Act, that is included in this en bloc
package. This amendment will finally allow American manufacturers to
compete fairly for Department of Defense contracts.
My State, which has built submarines for the Navy and has supplied
our Armed Forces for generations, has lost about 130,000 manufacturing
jobs in the last 20 years, and this country has lost about 6 million.
At the same time, the Department of Defense, which is the largest
purchaser of goods in the world, has been aggressively outsourcing work
to foreign firms.
Instead of finding ways to get around the Buy America law, the DOD
should be doing more to help protect manufacturing jobs here at home.
When we lose the capacity to produce an item that our military needs,
we put ourselves at risk, and we also lose jobs.
This amendment simply allows for the Federal Government to consider
the number of jobs being created here in the United States as a part of
a bid for U.S. defense work. Frankly, most of my constituents and our
constituents probably think this already happens, but this is an
important amendment for job creation and also for U.S. national
security.
I would like to thank Chairman McKeon and Ranking Member Smith for
their willingness to work together on this issue.
Mr. McKEON. I continue to reserve the balance of my time.
Mr. SMITH of Washington. I yield 1 minute to the gentlelady from
California (Ms. Chu).
Ms. CHU. I have a personal reason for offering this amendment. My
nephew was a victim of military hazing, and it killed him.
Harry Lew was serving in the Marines in Afghanistan when his peers
ordered him to dig a foxhole, to do push-ups, like crunches and planks,
with his heavy, full body armor and a 25-pound sandbag. They stomped,
kicked, and punched him, and poured the entire contents of the sandbag
onto his face and in his mouth. It lasted a full 3 hours and 20
minutes. Twenty minutes later, he committed suicide.
I thank Chairmen McKeon and Wilson and Ranking Member Smith because
this bill takes the most significant steps to protect servicemembers
from hazing--ever.
My amendment adds a GAO report so we can have an objective analysis
of the DOD's antihazing policies. It also adds an annual report to
Congress on what the DOD is doing to prevent hazing so that we can
ensure there is real accountability.
Mr. McKEON. We have no further requests for time, so I continue to
reserve the balance of my time.
Mr. SMITH of Washington. I yield back the balance of my time.
Mr. McKEON. I encourage all Members to support the en bloc
amendments, and I yield back the balance of my time.
Mr. MANZULLO. Mr. Chair, this amendment has been a long time in
coming. Congress overreacted back in 1998 to move export licensing
decisions for commercial communication satellites (COMSATs) to the
highly restrictive munitions list. As a result, worldwide market share
for U.S.-made commercial communications satellites dropped from 75
percent to an average of just 44 percent over the past 13 years. As a
result, the Aerospace Industries Association (AIA) estimated last
January that U.S. manufacturers lost $21 billion in satellite revenue
from 1999 to 2009, costing about 9,000 direct jobs annually because of
treating exports of COMSATs, along with satellite parts and components,
like military weaponry.
In addition, this Congressional overreaction harmed our national
security because it hurt our U.S. space industrial base, particularly
component manufacturers. These firms became less globally competitive
because stringent export controls provide a perverse incentive to
foreign satellite makers to design out U.S. parts. Thus, as these U.S.
component makers struggle to sell their product in the commercial
marketplace, they become less able to meet the national security needs
of the U.S. government. A 2011 analysis of the U.S. space industrial
base by the respected Tauri Group documented that out of 135 U.S. space
hardware manufacturers, 28 technology areas are at some risk of
disappearing from our shores because of limited suppliers.
The so-called ``Section 1248'' report recently released to Congress
by the Departments of Defense and State on the risk assessment of U.S.
space export control policy also documented that 95.7 percent of all
export licenses for satellite parts and components in 2011 going to
partners and allies were approved with no additional provisos or
restrictions. Four percent were approved with conditions. Only 0.3
percent--or a total of six licenses--was denied. These 4.3 percent of
applications will still be captured under the new satellite export
licensing system proposed by the Administration. In other words, we
waste valuable time and resources by processing licenses for satellite
parts and components that involve little or no national security risk.
The current licensing system detracts from efforts to stop true threats
to our national security.
As a long time leader and proponent of sensible export control reform
within the confines of protecting national security, I commend this
bipartisan amendment. This proposal would have never come together
without the support of the ranking Democratic Member of the House
Foreign Affairs Committee, Howard Berman, along with my Chairman,
Ileana Ros-Lehtinen. I want to particularly thank Representative Berman
for asking me to be the principle Republican co-sponsor of the
Safeguarding United States Satellite Leadership and Security Act of
2011 (H.R. 3288) that forms the underlying basis for this amendment.
However, this amendment isn't perfect. Some stakeholders have raised
concerns

[[Page H3007]]

about the wording of certain phrases in this amendment and the plethora
of reports it requires. Some of the concerns may be overblown but I am
optimistic that these issues can be worked out with further tweaks to
the language. I pledge my support and effort to help further ameliorate
these concerns as the NDAA moves through the legislation process.
Again, Mr. Chair, I urge my colleagues to support this bipartisan
compromise and vote for the first en bloc manager's amendment.
Mr. LEWIS of Georgia. Mr. Chair, I rise in strong support of the en
bloc amendment, which includes my amendment. It requires the Secretary
of Defense, the IRS, and Commerce to calculate the total cost of the
wars in Afghanistan and Iraq to each American taxpayer.
My amendment is about truth and transparency. Americans need to know
how their taxes are being spent, so we can make informed decisions
about our budget.
Even if you do not oppose war, don't you want to know what it costs
you, your children, your grandchildren, and your great-grandchildren?
For too long, there has been a big, fat blank check for war. We need
to be honest with ourselves. We need to be honest with each other.
Mr. Chair, I hope all of my colleagues will support the Lewis
amendment and this en bloc package.
Mr. PETRI. Mr. Chair, I urge my colleagues to join me and
Representative Kind in correcting a government error and ending
bureaucratic impediments that are keeping soldiers from receiving their
earned benefits.
Quite simply, the Petri-Kind amendment, which is included in this en
bloc amendment, would pay approximately 575 National Guardsmen for the
vacation days they earned through the Post Deployment Mobilization
Respite Absence program that they were unable to take after their last
deployment due to government error. Some have not been reimbursed for
as long as five years.
The problem occurred when the Defense Department did not issue the
guidelines for calculating this benefit until several months after it
went into effect. Some soldiers demobilizing during this time did not
have these additional days added to their leave. Many of them have
since retired or are not deploying again and are unable to use their
earned vacation days.
This effort is a national problem, affecting Army National Guardsmen
in 34 states. Unfortunately, soldiers in Wisconsin are affected more
than those in any other state with 80 Wisconsin Army National Guardsmen
impacted, most of whom are members of the 1157th Transportation Company
based in Oshkosh. As I speak, this unit is once again serving overseas
after deploying to Afghanistan just last month. I thank the entire
Wisconsin delegation for their support of this amendment, as well as
the National Guard Association of the United States.
This amendment is similar to Representative Kline's bill, H.R. 4045,
which passed by voice vote in the House Tuesday night to pay a much
larger group of soldiers who also did not receive the pay they were
promised.
Mr. Chair, we have a moral obligation to ensure that our men and
women serving in the military receive the benefits they are due. I
appreciate the support give to this amendment by the House Armed
Services Committee and urge it's passing by the entire House.
Mr. VISCLOSKY. Mr. Chair, I rise to express my concerns with an
amendment offered by Mr. Turner contained in the en bloc amendment. I
do not believe the Turner Amendment cures provisions of the underlying
bill that weaken enforcement of worker health and safety, and create a
self regulation regime for contractors at the National Nuclear Security
Administration (NNSA). I believe these provisions place profit above
safety.
Specifically, Section 3115 of H.R. 4310 would move enforcement of
worker health and safety from Department of Energy's Office of Health,
Safety and Security (HSS) to NNSA. Taking away the independent
oversight that HSS provides at NNSA facilities is a mistake.
The House Committee on Appropriations in its report for the Fiscal
Year 2013 Energy and Water bill was very clear on the value of HHS. It
states, ``The Committee believes that having an independent assessment
capability at the Department is important and supports the role of HSS
in the areas of nuclear safety, worker safety and health, safeguards
and security, cyber security and emergency management. The Committee
agrees that the responsibility for protecting workers, the public, the
environment, and national security assets rests with the Department's
line management organizations. However, it is critical that the
Department preserve the HSS authority to independently assess
Departmental compliance and performance and to have access to and
cooperation from all Departmental programs.''
Additionally, the legislation restricts the oversight authority of
the Defense Nuclear Facilities Safety Board (DNFSB), a board that has
played a vital role in independently addressing worker safety and
whistle blower issues at large DOE projects. Again, the Fiscal Year
2013 Energy and Water report was unambiguous in expressing its support
for DNFSB. It states, ``The Committee expects the DNFSB to continue to
play a significant role in scrutinizing the Department's safety and
security activities, including the reform initiatives underway in the
Department that may impact projects under its jurisdiction.''
Further, the requirement that NNSA move towards ``performance-based
oversight'' is misguided and will create a dangerous contractor self-
regulation regime. While I do not believe that contractors will not
take worker safety seriously, I do stand by the old adage that
independent oversight is always more honest and rigid than self-
evaluation.
Mr. HOLT. Mr. Chair, I rise in strong support of this amendment. Just
this month, we learned from a leaked Air Force Instruction on
intelligence activities that their drones ``incidentally'' collect
imagery of ``US persons or private property without consent'' during
the course of normal training operations. Neither I nor Mr. Landry
intend to prevent Department elements charged with training UAV
operators from being able to do their jobs. At the same time, we have a
responsibility to ensure that data that is collected is not misused.
That is precisely what Mr. Landry is trying to do today, and I am
pleased to join him this effort.
This amendment will have no impact on the training activities of our
unmanned aerial vehicle operators. What it will do is ensure that any
imagery of American citizens, their homes, business, etc. that is
collected cannot be used in any court proceeding in the absence of a
judicial warrant issued on the basis of probable cause. I commend my
colleague from Louisiana from offering this amendment, and I urge my
colleagues to join me in supporting it.
Mr. SMITH of Washington. Mr. Chair, I rise to speak on the amendment
by Mr. Turner that addresses safety at defense nuclear facilities, that
is considered in this en-block package.
Much reckless damage has been done in this bill that weakens safety
for workers at defense nuclear facilities and for the public.
Among other changes, this hill blocks independent oversight by the
Department of Energy and weakens the capacity of the Defense Nuclear
Facilities Safety Board. This oversight is critical to keeping people
safe, and we should not be cutting corners on safety.
These changes have profound implications and risk imperiling the
safety and lives of worker and the public.
It also transfers responsibility for safety to the National Nuclear
Security Administrator and to contractors, at a time when NNSA's
undivided attention should be focused on maintaining a safe, secure and
reliable nuclear deterrent and on the pressing need to make much-needed
progress on nuclear nonproliferation to reduce the risk of nuclear
terrorism.
For these reasons, Mr. Miller, Mr. Visclosky, Ms. Sanchez, Mr. Waxman
and I submitted two amendments to undo some of the damage that is done
in this bill, and that would have preserved strong safety standards and
independent oversight.
My amendment would have restored the authority of the Secretary of
Energy over the nuclear weapons complex and nonproliferation programs,
whose control has been improperly severed without justification in this
bill.
However, the Rules Committee did not make these amendments in order,
and so regrettably we are prevented from having this important debate
on an issue that affects thousands of Americans who work or live near
defense nuclear sites.
Going forward, I will work with the Senate in conference to reverse
many of these changes, to improve the outcome in our final bill.
Specifically with regard to the amendment by Mr. Turner in this
package, it makes several important improvements but does not go far
enough and fail to fix significant problems in the bill.
(1) This amendment does not specifically prohibit a reduction in the
safety standards, both nuclear and non-nuclear, compared to the
standards we have today for defense nuclear facilities. Nonnuclear
safety standards, such as fire protection, quality assurance, chemical,
are also important to the safety of defense nuclear facilities.
(2) This amendment reaffirms that the decision on safety standards
should be made by the Administrator for Nuclear Security, rather than
by the Secretary of Energy and the Dept of Energy's Office of Health,
Safety and Security, which would provide independent oversight of NNSA
and the nuclear weapons complex health and safety and security
operations.
(3) The core concept of risk and cost-benefit should not be an
element of adequate protection. Inserting cost requirements muddles the
requirements for safety. At this time, cost is not an element of
adequate protection for commercial nuclear power or for DOE's defense
nuclear facilities. It also forces the Defense Nuclear Facilities
Safety Board to pre-

[[Page H3008]]

judge NNSA's action and decisions in responding to safety concerns,
rather than allowing the Board to focus on identifying and raising
safety concerns.
(4) This requirement places obstacles in the Board's path and will
make it more difficult to ensure adequate protection of public and
worker safety.
(5) These provisions would allow inconsistent safety standards.
I am deeply concerned about these changes and hope to work with my
colleagues to remedy the measures that unnecessarily put workers and
the public at risk.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from California (Mr. McKeon).
The en bloc amendments were agreed to.

{time}  1540

Amendment No. 3 Offered by Mr. Kucinich

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 112 485.
Mr. KUCINICH. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle D of title XII of division A of the
bill, add the following:

SEC. 12XX. LIMITATION ON DEPLOYMENTS FOR NATO MISSIONS.

(a) Limitation.--Beginning on the date of the enactment of
this Act, the deployment of a unit or individual of the
United States Armed Forces in support of a North Atlantic
Treaty Organization mission may be made only after express
statutory authorization has been obtained from Congress for
such deployment.
(b) Deployment Defined.--In this section, the term
``deployment'' has the meaning given that term in subsection
991(b) of title 10, United States Code.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Ohio (Mr. Kucinich) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Ohio.
Mr. KUCINICH. Mr. Chair, I yield myself 1 minute.
The administration's use of signature strikes raises the risk to
innocent civilians or individuals who have had no relationship to
attacks on the United States.
We know that the U.S. has made mistakes in who has been at the
receiving end of its drone-strike program, and this was when we knew
the identity of the person being targeted. A recent report by the
Bureau of Investigative Journalism estimates that at least 2,292 people
have been killed by U.S. drone strikes in Pakistan since 2004. The
bureau estimates that, of that number, over 350 are civilians. A July
2009 Brookings Institution report stated 10 civilians die for every one
suspected militant from U.S. drone strikes.
Yet another study by the New America Foundation concluded that out of
the 114 drone attacks in Pakistan, at least 32 percent of those killed
by the strikes were civilians. Again, that was before we allowed drone
strikes based only on signature behaviors.
We cannot deny that our drone strikes have resulted in the death of
innocent people.
I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I rise to claim the time in opposition.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, at this time I yield 1\1/2\ minutes to
the distinguished ranking member, and I am glad to do so on an issue on
which we agree.
Mr. SMITH of Washington. I thank the gentleman.
I rise in opposition to the amendment.
I think the gentleman raises a very legitimate point that the
exercise of strikes against terrorist targets does need a proper
oversight. There are a number of ways in which I think we can have
greater transparency in those decisions, frankly, whether they're
signature strikes or against individuals.
The bottom line is al Qaeda declared war against us in 1996. They are
actively prosecuting that war against us from a number of different
locations, many of which we don't have as much information as we would
like, but clearly in federally administered tribal areas of Pakistan
and Yemen and Somalia, they are organizing training camps and they are
actively pursuing us. Our Joint Special Operations Command is trying to
keep track of those networks and keep them from attacking us.
The ability to hit those training camps is an important part of
protecting us from terrorist attacks. As General McChrystal said: It
takes a network to beat a network. We need our network to have the
ability to stop Al Qaeda's network. They declared war against us. They
haven't changed their mind. It is still something that we need to be
able to adequately protect this country against. This amendment unduly
restricts our military's ability to protect this country.
Mr. KUCINICH. Mr. Chair, I yield myself 30 seconds.
We're talking about the deaths of innocent people here. A recent
article published in The Washington Post revealed that the Central
Intelligence Agency and the Joint Special Operations Command have been
given new authority that allows them to fire upon targets based solely
on their so-called ``intelligence signatures,'' patterns of behavior
that are detected through signal intercepts, human sources, aerial
surveillance, and that indicated a presence of an important operative
plot against U.S. interests. But allowing CIA and JSOC to conduct drone
strikes without having to know the identity of the person they're
targeting is in stark contrast to targeted strikes against suspected
terrorists on lists maintained by the CIA and JSOC.
Mr. THORNBERRY. Mr. Chairman, I yield 1\1/2\ minutes to the
distinguished gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. I thank my friend.
I rise to respectfully disagree with the amendment offered by a
person for whom I have great respect. I know that he offers this
amendment because he certainly wants to avoid a situation where our
country arbitrarily takes innocent human life. I think he's right to
have that concern, and I think it's one that is widely held. I think
that the issue raised by this amendment is whether others can be
entrusted with striking that same balance or whether the Congress
should enact a unilateral prohibition against certain kinds of
activities.
When the decision-makers who operate these drone strikes make a
decision, they have to strike this balance between our moral obligation
to avoid arbitrary attacks on innocent people and our moral obligation
to defend our country. And I think that they are capable of striking
that balance, and I frankly think that a blanket prohibition against
the use of these strikes--except in circumstances where we know the
identity of the target--unduly restricts them in making that judgment.

I certainly understand and sympathize with the goal of this
amendment. But because I think it unduly restricts our options, I would
urge its defeat.
Mr. KUCINICH. I yield 2 minutes to the cosponsor of the amendment,
the ranking Democrat on the Judiciary Committee, Mr. Conyers of
Michigan.
Mr. CONYERS. I thank the author of the amendment, and I join with him
in it because, ladies and gentlemen, the administration policy up till
now has been quite clear: drones pursue specific individuals who appear
on a target list maintained by the CIA and initiate attacks only when
drone operators are confident that the individual being targeted is a
terrorist on that list.
What this amendment attempts to ensure is that the missile strikes
being used by the CIA or the Joint Special Operations Command are
targeting actual terrorists that pose a threat to our national security
and not against civilians who may look suspicious to a drone operator
operating thousands of miles away. What I am saying is merely that a
new and expanded drone policy that allows for indiscriminate missile
strikes against supposedly suspicious individuals obviously increases
the risk of civilian death and risks inflaming an already powerful
anti-American sentiment abroad. Ladies and gentlemen, this policy will
not make us any safer. It will do just the opposite.
I encourage my colleagues to support our amendment so that the
Congress ensures that accountability and a

[[Page H3009]]

measure of precision and due process are retained as critical
components of our country's drone policy.
Mr. THORNBERRY. Mr. Chairman, I reserve the balance of my time.
Mr. KUCINICH. Mr. Chair, I am prepared to close. I reserve the
balance of my time.
Mr. THORNBERRY. As a point of parliamentary inquiry, Mr. Chairman,
who has the right to close on this amendment?
The Acting CHAIR. The gentleman from Texas has the right to close.
Mr. THORNBERRY. Further parliamentary inquiry, Mr. Chairman. How much
time remains on our side?
The Acting CHAIR. The gentleman from Texas has 2\1/2\ minutes
remaining. The gentleman from Ohio has 1\1/2\ minutes remaining.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Rhode Island, the ranking member of the Emerging Threats
and Capabilities Subcommittee.
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. I thank the gentleman for yielding, and I appreciate
the gentleman from Ohio and the gentleman from Michigan for offering
this amendment; but unfortunately I must rise in opposition.
I certainly share their concerns, and I know of their good
intentions; and I certainly share the authors' concerns over civilian
casualties, and certainly even one civilian death is too many.
Mr. Chair, we should not jeopardize our men and women in uniform by
hamstringing their ability to engage when threatened or returning fire.
Certainly the Predators are incredibly powerful tools, and they need to
be used judiciously and appropriately. I believe that they are only
when necessary. The language here as it is written would threaten many
of the most urgent uses of remotely powered aircraft. For example, if
our troops are under fire from an unknown assailant or if an insurgent
is placing a bomb, this language, as I read it, would prohibit
targeting that individual.
Mr. Chairman, patterns of behavior are certainly appropriate
indicators and are vetted strenuously. John Brennan at the White House
has indicated and stated publicly that the drone-strike policy was
rooted in adherence to law, and indeed the authorization for use of
military force provides the President with the authority to ``use all
necessary and appropriate force.''
The Acting CHAIR. The time of the gentleman has expired.
Mr. THORNBERRY. I yield the gentleman another 15 seconds.

{time}  1550

Mr. LANGEVIN. I appreciate the gentleman yielding.
There are strict policies for how these tools can be used: there has
to be a significant threat to the United States; action could mitigate
or prevent an actual threat from materializing; capture is not feasible
or could put U.S. servicemen and -women in undue harm; and collateral
damage and harm to civilians is minimal. This strict criteria is what
can be used, and I think they are the tools that we need to preserve.
Mr. KUCINICH. Parliamentary inquiry.
The Acting CHAIR. The gentleman from Ohio will state his inquiry.
Mr. KUCINICH. As a matter of procedure, who has the right to close,
the sponsor of an amendment or the opponent of an amendment?
The Acting CHAIR. A manager of a measure who opposes an amendment
thereto has the right to close.
Mr. KUCINICH. I thank the Chair.
I am prepared to close. How much time do I have remaining, please?
The Acting CHAIR. The gentleman from Ohio has 1\1/2\ minutes
remaining.
Mr. KUCINICH. In the absence of transparency and accountability for
the drones program abroad, overreach is unchecked. The administration
refuses to release the legal justification for permitting so-called
``signature drone strikes.'' The administration refuses to disclose
whether and how there's any follow-up with the families of innocent
civilians who died from a drone strike. The administration refuses to
disclose whether civilian casualties are collected, tracked, and
analyzed.
Our amendment, the Conyers-Kucinich amendment, recognizes that
innocent civilians should not be collateral damage. It recognizes that
sending an unmanned plane to drop bombs without knowing the identity of
a target does not reflect American values. It recognizes that drones
bombing people of unknown identity will generate powerful and enduring
anti-American sentiment that prolongs and expands wars. It recognizes
that Congress did not give the President an unlimited and unchecked
power to expand our wars abroad, especially when it does not even
bother to give Congress the legal justification to do so.
It became clear that the authorization for the use of military force
is being interpreted, given carte blanche to circumvent Congress, and
we ought to put an end to it right now.
I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, this amendment raises a number of
concerns. It is a very strange thing, for example, to say in a war that
you have to know the name, rank, and serial number of the person that
you are about to shoot before you can even shoot him. And to put it a
little more in this context, the gentleman from Ohio's amendment would
say that if we see people making bombs down there that are going to be
used against our servicepeople, that we can't do anything about it,
that we've just got to watch them. And then even after the bomb
explodes, unless we know the identity--which is the language in the
amendment--unless we know the name of the person down there, we can't
do anything about it, with all of the technology that's available to
the United States.
And actually, it gets even worse. If we see al Qaeda members shooting
at our troops down there, if we don't know the identity or the name of
the people doing the shooting, then we can't do anything about it.
Surely that carries things far too far.
We can't debate in the open House all of the allegations that are
made in newspaper articles. What we can do is say what the National
Security Adviser or the President has said, that these sorts of
capabilities are only used pursuant to law, and they are only used
where there is a significant threat to the U.S., where action could
mitigate or prevent the threat, and that collateral damage or harm to
civilians is absolutely minimal. That helps protect our soldiers and
our country.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Kucinich).
The amendment was rejected.

Amendment No. 4 Offered by Mr. Rohrabacher

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 112 485.
Mr. ROHRABACHER. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle B of title XII of division A of the
bill, add the following:

SEC. 12XX. PROHIBITION ON AVAILABILITY OF FUNDS FOR
ASSISTANCE FOR PAKISTAN.

Notwithstanding any other provision of this Act, none of
the funds authorized to be appropriated by this Act may be
used to provide assistance for Pakistan.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from California (Mr. Rohrabacher) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. ROHRABACHER. Mr. Chairman, since 9/11, the United States has
given Pakistan about $22 billion. That money has served only to
embolden Pakistan's government to maintain the brutal repression of its
own people and to continue its blatant support for terrorist attacks on
its neighboring countries, as well as attacks on American troops in
nearby Afghanistan.
My amendment would cut off all aid in this bill designated for
Pakistan. It would end the charade that we are buying cooperation in
the ongoing struggle against terrorist forces in South Asia. Pakistan
isn't with us in a war against terrorism; they are at war with us.
Pakistan, at best, is a war profiteer, collecting a ransom by taxing
our military supply lines that pass through

[[Page H3010]]

their country, which, for the past 6 months, by the way, they have
closed to resupplying our forces in Afghanistan. They are laughing all
the way to the bank. Of course, the Pakistani people will never see any
of that money.
The corruption in Pakistan itself is reason not to give aid to them,
which they will then pilfer. Furthermore, they use their military power
to butcher the Balochs and others who don't want to be under their
corrupt thumb.
How can we forget this same Pakistani Government gave safe haven to
Osama bin Laden after he led the conspiracy that slaughtered 3,000
Americans on 9/11? After our SEALs went in to get him, the Pakistani
Government took the wreckage of our downed stealth helicopter and gave
it for study to Communist China, whom they refer to as their ``all-
weather friend.''
The Pakistani Government has gone so far as to arrest and imprison,
without trial, Dr. Afridi, the doctor who helped us gather the
intelligence that located Osama bin Laden in the nest that the
Pakistani Government had provided him right there in Pakistan. The
Pakistani Government threw him in jail and is talking about trying him
for treason for the good deed that he helped us in bringing to justice
the man who slaughtered 3,000 of our citizens. And we can continue to
give money to these people, even as we ignore the suffering of Dr.
Afridi, who is in prison now, languishing in prison? And all of us are
forgetting this hero?
We have lost almost 2,000 Americans defending our country as part of
Operation Enduring Freedom. Most of those deaths were due to Pakistani-
inspired and -supported insurgents.
How much more does the Pakistan Government have to do before we quit
giving them our money? They are playing us like fools while murdering
our soldiers. And, yes, we are acting like fools for giving them this
money despite that. We should have quit bankrolling this rotten regime
a long time ago. My amendment would do just that.
The Pakistan Government is a terrorist government that murders and
even attacks its own people, such as in Balochistan. It is a pro-
terrorist, radical Islamic clique that rules Pakistan. They don't
deserve one penny from us to help them in their dirty deeds.
I would ask for support from my colleagues. Let's finally stand up.
If we need an ally in that area, let's go to some people in that area
that want to be our friends, perhaps the Indians.
I reserve the balance of my time.
Mr. SMITH of Washington. I rise in opposition to this amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. I yield 2 minutes to the gentleman from
Texas (Mr. Conaway).
Mr. CONAWAY. I appreciate the gentleman from Washington yielding me 2
minutes.
I strongly urge opposition to this amendment with some heavy heart
because some of the things that my good colleague has said may be
accurate; much of it is inflammatory and not accurate. But
nevertheless, I don't want to be seen as an apologist for Pakistan.
But by the same token, we have trimmed the amount of money subject to
this authorization and to this amendment by half. We have strengthened
the controls around that money to require Pakistan to certify to us, to
Secretary Panetta, that, in fact, this money is being spent in the
fight against counterterrorism.

{time}  1600

We will have additional amendments on floor this afternoon that don't
have any opposition, which will further strengthen that certification
process. And by restricting all funds, under the DOD position, simply
plays into the bad guys' hands in Pakistan. It will give them no
incentives in which to work with us and it will further their strength
and resolve to close the cross-border, overland passage of U.S.
military goods to assist us with the fight in Afghanistan.
While my good colleague has much greater experience with some of
those folks in that part of the world than I do, nevertheless, I stand
in opposition to his amendment. It is a meat cleaver when we ought to
be going at it the way we've done it--by trimming the money back,
putting restrictions on that money that will force the Pakistanis in
order to get it. And, by the way, they have not gotten money from DOD
since June of 2010.
So while the comments that he's made might apply to all funding for
the State Department and everything else, it only applies to Department
of Defense money. We've not given them money since June of 2010. We
have adequate protections in the bill this time and will strengthen
those protections later on in the debate in the votes this afternoon.
I stand in opposition to the amendment.
Mr. ROHRABACHER. I reserve the balance of my time.
Mr. SMITH of Washington. I yield 1 minute to the gentlelady from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. I thank the gentleman. And certainly I've
worked with the gentleman from California on a number of issues, and I
rise in vigorous opposition to this amendment as the cochairman and
founder of the Pakistan Caucus. And let me frame the reason.
First of all, we have a very responsible and sizable Pakistani
American community that champions the idea of a democratic and
economically stable Pakistan. It was only a few years ago that Benazir
Bhutto was assassinated. However, the government that has carried on,
although living in a difficult neighborhood and having difficult
challenges, is a result of her efforts to try to bring democracy to
Pakistan.
The people of Pakistan live in a very difficult neighborhood, and if
we abandon this assistance--obviously, defense assistance--we abandon
the people of Pakistan. We abandon those who want an education and
economic stability. We abandon those soldiers in the Pakistani military
who have fallen in battle fighting against terrorists. We will abandon
those who have been in the Swat Valley. We will abandon those who have
been in the mountains of Pakistan.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. SMITH of Washington. I yield the gentlewoman an additional 20
seconds.
Ms. JACKSON LEE of Texas. It will abandon those who are fighting for
democracy, with the Pakistani President heading to participate in NATO
with Ambassador Sherry Rehman here, who interacts with Members of
Congress.
Let me tell the American people, Pakistan is an effective ally with
challenges, and we should not deny them the opportunity to correct and
turn the corner. I ask my colleagues to recognize the value of
Pakistan's alliance. It is better to be engaged than to not be engaged.
Let us oppose this amendment. It is the wrong direction to go.
Mr. ROHRABACHER. I continue to reserve the balance of my time.
Mr. SMITH of Washington. I yield 1 minute to the gentleman from Texas
(Mr. Thornberry).
Mr. THORNBERRY. I think all of us share many of the frustrations
voiced by the gentleman from California, but his amendment goes too
far.
I agree we should look for additional allies in the region. The
problem is there's not another ally in the region through which our
military can be supplied. So for the sake of our troops in Afghanistan,
as well as a lot of the broader interests in the region, it is
important for us to try to improve our relationship with Pakistan.
And as my colleague from Texas says, in the bill now we cut the funds
from DOD in half and we require a certification that Pakistan is
supporting our counterterrorism efforts, that they are supporting
efforts to dismantle the IED networks, that they are preventing the
proliferation of nuclear-related material, that they are issuing visas
in a timely manner for U.S. Government personnel involved in
counterterrorism efforts. We put severe restrictions on any assistance
that they get. But that is a carrot to encourage them to work with us,
rather than saying, No, you get nothing.
Mr. ROHRABACHER. How much time is remaining?
The Acting CHAIR. The gentleman from California has 1 minute
remaining. The gentleman from Washington has 45 seconds remaining.
Mr. ROHRABACHER. I have here 13 pages of restrictions that we have
had on Pakistan aid over the last few years, 13 pages of restrictions
that have meant nothing.
During the time that we have been giving them billions of dollars
with all

[[Page H3011]]

of these restrictions, they have been giving safe haven to Osama bin
Laden, who massacred and slaughtered 3,000 Americans. How can we forget
about that? How can we just go on and give these people money?
The people of Pakistan can be our friends. They are our friends. But
we have to recognize that their government is a terrorist-supporting
government and a radical Islamic-supporting government.
And we continue to give them money as they support insurgents that
kill our people overseas. Is there any doubt about that? Admiral Mullen
confirmed it for us.
Why are we ignoring that? We are acting like fools and we are acting
like cowards. It is time for us to stand up for the American defenders
who are over there putting their lives on the line and say, No. If
we're going to give money to the people killing you, we're not going to
do that, period. That's going over the line.
I would suggest to my colleagues to join me in defunding the enemy of
the United States.
I yield back the balance of my time.
Mr. SMITH of Washington. I yield myself the balance of my time.
The Acting CHAIR. The gentleman is recognized for 45 seconds.
Mr. SMITH of Washington. We are not ignoring any of that. All of
those issues are things we discussed in the Armed Services Committee,
are very much aware of and very concerned about. But the bottom line
is, as my colleagues have pointed out, regrettably, Pakistan is in a
part of the world where we have national security interests.
Pakistan has, at various times, provided critical support to allow us
to get the supplies we need to our troops in Afghanistan. They have
also assisted us in going after various terrorist groups inside of
Pakistan. That help has been maybe 2 percent of what we would like it
to be, but that 2 percent, regrettably, is help we cannot turn away.
It is a very problematic relationship. I think the gentleman who
offered this amendment described that quite well. But we cannot afford
to simply cut it off because of how important that region is to our
national security interests. His amendment would do that. And it is bad
policy for this country, bad policy for our troops, and bad policy for
our national security interests. Therefore, I would urge us to oppose
it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Rohrabacher).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ROHRABACHER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 5 Offered by Ms. Lee of California

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 112 485.
Ms. LEE of California. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle B of title XII of division A of the
bill, add the following:

SEC. 12XX. LIMITATION ON FUNDS FOR OPERATIONS OF THE ARMED
FORCES IN AFGHANISTAN.

(a) In General.--Funds made available to carry out this Act
for operations of the Armed Forces in Afghanistan shall be
obligated and expended only for purposes of providing for the
safe and orderly withdrawal from Afghanistan of all members
of the Armed Forces and Department of Defense contractor
personnel who are in Afghanistan.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to authorize the use of funds for the continuation of
combat operations in Afghanistan while carrying out the safe
and orderly withdrawal from Afghanistan of all members of the
Armed Forces and Department of Defense contractor personnel
who are in Afghanistan; and
(2) to prohibit or otherwise restrict the use of funds
available to any department or agency of the United States to
carry out diplomatic efforts or humanitarian, development, or
general reconstruction activities in Afghanistan.

The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from California (Ms. Lee) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. First, let me just say this. It is just
downright outrageous that the McGovern-Jones amendment was ruled out of
order by the Rules Committee, denying this House the opportunity to
debate and vote on their amendment.
Secondly, we really do need a clear and 2 days of debate, at least--
not 20 minutes--on this critical issue of Afghanistan. So for the life
of me, 20 minutes is not long enough. And I don't quite understand why,
in fact, the McGovern-Jones amendment was not given the full amount of
time, because the American people deserve to hear both sides of this
issue from a variety of policy perspectives.
My amendment today would put a responsible end to combat operation in
Afghanistan by limiting the funding to the safe and orderly withdrawal
of U.S. troops and military contractors.
And I have to thank the cosponsors of this bipartisan amendment--
Representatives Jones, Conyers, Paul, Woolsey, Welch, Nadler,
Hastings--and all of our colleagues who have worked on this issue
throughout the years to responsibly end the war in Afghanistan. I have
offered this amendment in the past, and it has been a bipartisan
amendment.
It is clear that the American people have been far ahead of Congress
in supporting an end to the war in Afghanistan. My amendment allows
Congress the opportunity to stand squarely with the war-weary American
people who want to bring our troops home. The call has been growing
across this land to bring this war to an end. It's time now for the
Congress to answer the call here today.

{time}  1610

The reality is there is no military solution to the war in
Afghanistan. Our brave troops have done everything that was asked of
them and more.
As a daughter of a military veteran, I also know firsthand the
sacrifices and the commitment involved with defending our Nation. But
the truth is that they have been put in an impossible situation. There
is no military solution, and it's past time to end the war and bring
the troops home.
Over a decade now, over $500 billion spent in direct costs and, mind
you, not a penny of it has been paid for. Instead, we should have been
investing in jobs and in our economy here at home and a smarter
national security strategy.
It is time to say enough is enough. With almost 2,000 United States
troops killed in Afghanistan and many tens of thousands more maimed
with injuries both hidden and visible, we must recognize that the boots
on the ground strategy in Afghanistan must end. It's critical to our
economy and the future of this country that we stop pouring billions on
a counterproductive military presence in Afghanistan.
The American people have made it clear that the war is no longer
worth fighting--not for another year, not for another 2 years, and
surely not for another 12 years. Today, Congress should stand with
seven out of 10 Americans who oppose the war in Afghanistan. After 11
long years, it is time to bring our troops home. We can do that
responsibly by voting ``yes'' on the Lee amendment today.
I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from California is recognized for 10
minutes.
Mr. McKEON. At this time, I yield 2 minutes to the gentleman from
Texas (Mr. Thornberry), the vice chairman of the committee.
Mr. THORNBERRY. Mr. Chairman, essentially this amendment says get out
now; leave Afghanistan regardless of the consequences.
I appreciate the honesty and the forthright nature of this amendment
offered by the gentlelady from California. It is better to say up front
what you're trying to do rather than put various conditions on it, or
to tie our troops' hands in some way, or to not put enough troops in
the field in order to accomplish the mission we're asking them to do.
This is very clear. It says

[[Page H3012]]

leave now. And it is tempting for all of us because we have been there
for awhile.
I want our troops to leave as soon as possible consistent with
national security. As a matter of fact, the underlying bill says that
the United States military should not maintain an indefinite combat
presence in Afghanistan and should transition to a counterterrorism and
advise-and-assist mission at the earliest possible date consistent with
the conditions on the ground. And that's really the difference--
consistent with the conditions on the ground.
We believe, I believe, you have to take account of what the situation
is there, and you cannot just abandon Afghanistan and ignore, stick
your head in the sand and pretend it's not going to have consequences.
I think it's important to remember why we're there to begin with. We're
not there because of them. We're there because of us. We're there to
make sure that Afghanistan is no longer used as a safe haven, as a base
which will be used to launch attacks against us. That's the crux of the
matter.
As soon as they are able to provide for their own security and
prevent a return of the Taliban, a return of al Qaeda, then we can go
and we'll have accomplished our mission, and they'll have to sort
through their domestic issues on their own.
But if we leave too early and al Qaeda and the Taliban return and use
it as a base to launch attacks against us, then I'm afraid more
Americans will suffer and we could see repeats of past terrorist
attacks.
So as tempting as it is, Mr. Chairman, we cannot ignore the
consequences of our actions. Leaving too fast would be bad for our
security.
Ms. LEE of California. I yield 2 minutes to the gentlewoman from
California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I rise today in support of my friend
Barbara Lee's amendment.
Let's look at the facts. Two-thirds of Americans oppose our military
occupation of Afghanistan. So if the American people were to vote on
this amendment today, it would pass overwhelmingly with support from
both Democrats and Republicans. After nearly 11 years, Mr. Chairman,
enough is enough.
Congress must catch up to the people they represent and embrace a
responsible end to this war. Instead of dumping $10 billion a month
into an unwinnable war, let's redirect our resources towards a SMART
Security approach. Let's invest in people. Let's invest in development.
Let's invest in humanitarian progress. Let's bring our troops home.

Vote ``yes'' on the Lee amendment. Vote ``yes'' for SMART Security.
Vote ``yes'' for the American people.
Mr. McKEON. At this time, Mr. Chairman, I yield 3 minutes to the
gentleman from Texas (Mr. Conaway), a member of the committee.
Mr. CONAWAY. Mr. Chairman, I appreciate the chairman yielding me the
time.
I stand in opposition to this amendment. My colleague stated it very
well earlier. This says just get out now.
My colleagues across the aisle in support of this amendment have
continued to use the word ``responsible'' over and over, and there is
nothing responsible about abandoning the efforts in Afghanistan today
without proper conditions on the ground.
The President has a plan in place. Some of us may have had differing
ideas with him, but he put a plan in place that says our combat troops
will be out of there by 2014 contingent with conditions on the ground.
The Afghan people are responsible for their own security, and we're
trying to help them get to that place with the Afghan National Army,
the Afghan National Police, and the Afghan local army. Those efforts
are going on across the provinces of Afghanistan as we speak, and
they're getting into the lead to take care of their security.
But abandoning of Afghanistan today would put at risk 27 million
Afghanis who are counting on us to get this right, counting on us to
put them in a position to be able to defend themselves when we do leave
in 2014. So getting out now, Mr. Chairman, is irresponsible rather than
responsible.
Now, I understand all of us are tired. All of us are weary. None of
us like to go to those funerals. I go to the funerals of the young men
and women who have been killed in Afghanistan and Iraq, and I stand
with those moms and dads and husbands and wives on the worst days of
their life. I understand, it's grinding grief that's associated with
it. But there's a pride also attached to it that their loved one gave
their life for something positive, for something good, so that 27
million Afghanis could create a government that would allow them to
rule themselves and not have the thugs and the Taliban do what they did
in the mid-1990s: come in and slaughter all of the thoughtful people,
all the teachers, all the folks who would lead, in order to subjugate
their people in ways that are just horrendous.
They will do that again to anyone who has helped us over this last
10-year period. So we do have a responsibility there. The
responsibility is to get out when the conditions on the ground say it's
time to get out.
NATO is meeting this weekend in Chicago to determine ongoing
conditions, what's going to be done with respect to their commitments,
and this amendment would undermine all of those efforts going on there.
So I stand in opposition to this amendment and encourage my
colleagues to vote ``no'' on this amendment.
Ms. LEE of California. Mr. Chairman, I would like to yield 1 minute
to the gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. I thank the gentlelady from California, and I appreciate
that ending America's longest war--over 10 years--is not an
unreasonable notion, because there is a serious misunderstanding going
on about this amendment on the other side.
Withdrawing United States troops does not mean we're abandoning
Afghanistan. Please, there's a difference. There are other ways that we
can continue to develop the diplomatic and political solutions that
can't be won at gunpoint.
Don't you get it? If we're leaving in 2014, we're just saying let's
speed it up; let's begin a rational withdrawal. And we have a
responsibility to keep a commitment to Afghanistan. It doesn't mean
troops. It doesn't mean our military has to die.
Mr. McKEON. Mr. Chairman, I yield 2 minutes at this time to the
gentleman from Florida (Mr. West), a member of the committee, a
gentleman who has led troops in battle.
Mr. WEST. Mr. Chairman, thank you for allowing me to speak.
I will say this one thing. I've been in Afghanistan for 2\1/2\ years.
And having been a ground combat commander, I say one thing: if this
amendment were to pass, where it says this amendment would restrict the
authorization and use of funds for continuation of combat operations in
Afghanistan, just today, in the Farah province, which I've been to, the
Taliban attacked an Afghan Government compound, killing 7 people.

{time}  1620

What you are telling our men and women in combat, what you are saying
to the enemy is that we are going to leave those men and women hanging,
that we are not going to provide them the resources.
Now, I see where this amendment says it does not prohibit or restrict
the use of funds available for the U.S. to carry out diplomatic,
humanitarian, development, or general reconstruction efforts. One of
the problems that we have had in Afghanistan is that we got involved in
nation-building, we got involved in occupational-style warfare, and
truly not being involved in a counterterrorism style of warfare and
going after the enemy. This is where our primary focus should be.
We have generals that are on the ground that know what they're doing.
They've been to Staff College, they've been to War College. Why is it
that we don't want to listen to the people that we have placed trust
and confidence in to lead our men and women in combat? They have been
told that in 2014 we will be drawing down and leaving Afghanistan. Why
in God's name would we want to repeat some of the horrible things that
I saw my older brother go through in Vietnam, where we restricted
funding, and the next thing you know you had the killing fields of Pol
Pot? I'm telling you, I've been in Afghanistan; I know this enemy. And
I don't see anyone over there, my dear colleagues on the other side,
that I would trust more than General Allen,

[[Page H3013]]

who is on the ground, who knows what he has to do.
The message that you send to our troops is that you're abandoning
them. The message that you send to the Taliban, to al Qaeda, to the
Haqqani Network, to LeT, to every single radical Islamic group, is that
we have turned our backs on our military, and you can continue to kill
them.
I just want to say one simple thing. Two weeks ago, I went to the
memorial service for PFC Michael J. Metcalf of Boynton Beach, Florida,
who was laid to rest today in Arlington. I will not turn my back on
those men and women who are still my friends, some of them even my
relatives. I ask that my colleagues do not vote for this amendment.
Ms. LEE of California. Mr. Chairman, how much time do I have
remaining?
The Acting CHAIR. The gentlewoman from California has 4\1/2\ minutes
remaining. The gentleman from California has 4 minutes remaining.
Ms. LEE of California. I yield myself 30 seconds and respond to the
gentleman from Florida and just say this amendment--I think he's
probably not reading the amendment that I have offered.
What this amendment does is restrict our funding for the purpose of
the safe and the orderly withdrawal from Afghanistan of all members of
the Armed Forces and the Department of Defense. It is not a cut-and-run
amendment. This is a force protection amendment. It would bring our
young men and women out of harm's way and it would provide the
resources to move forward to help stabilize the region.
I'd like now to yield 1 minute to the gentlelady from Hawaii (Ms.
Hanabusa).
Ms. HANABUSA. Mr. Chairman, I rise to speak in support of the Lee
amendment.
When I was in the Hawaii State legislature, we were the only State
that did a Hawaii Medal of Honor. The unfortunate part about it is we
gave those medals to the spouses and the families and the friends of
those who had fallen in Iraq and Afghanistan, as long as they had some
connection to Hawaii, either serving at one of our bases or being from
there. When I went through that proceeding, I said, you know, as soon
as we can--and I believe the time has come for us--we must safely
remove our troops and the civilian personnel because we owe it to them.
It is not a matter of whether or not we are abdicating or we are
turning our backs on them. They have done what they were sent there to
do. Eleven years of fighting; Osama bin Laden is dead. The people of
the United States know that, and they are asking us to remove the men
and women. Don't continue them in harm's way because we have done what
we told them they were sent there to do. That is why I stand in support
of the Lee amendment.
Mr. McKEON. Mr. Chairman, at this time I yield 1 minute to my friend
and colleague, the gentleman from Illinois (Mr. Kinzinger), a member of
the committee and an Air Force pilot.
Mr. KINZINGER of Illinois. Mr. Chairman, leadership isn't easy. These
are lessons that we learned all through history. We learned it from
Abraham Lincoln when he had to face a union that was dissolving. I
learned it in officer training as a pilot in the military. And I
learned it in my experience overseas.
Think of the sacrifice that our troops have made in Afghanistan. Now,
we understand it's been too long, but think of the sacrifice they've
made. Now we're getting ready--very quickly, with the passage of an
amendment, if this passes--to say we're just getting out; we're not
going to leave the commanders on the ground with the authority to say
how we do it or what we do.

What are we going to say to our troops if this passes, and what are
we going to say to Bibi? Bibi is a young woman in Afghanistan who at
the age of 12 was sold into slavery because somebody committed a crime
in her family and the Taliban required her to be sold into slavery. She
escaped and had her nose and ears cut off. Her uncle and her family
turned their back on her as she tried to crawl to safety. She went to
an American forward operating base, where she was granted safety and
freedom. What are we going to say to Bibi when we pick up and say, you
know what, we've had enough, we're just going to pick up and leave
today?
This is a big deal. I would urge my colleagues to oppose this ill-
thought-out amendment.
Ms. LEE of California. Mr. Chairman, how much time do I have
remaining?
The Acting CHAIR. The gentlewoman from California has 2 minutes
remaining. The gentleman from California has 3 minutes remaining.
Ms. LEE of California. I'd like to yield now 1 minute to the
gentlelady from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. I'd like to thank the gentlelady for a very
thoughtful amendment. And I again acknowledge the amendment that both
Mr. Smith and Mr. McGovern had. Clearly, what this is is an opportunity
for the American people to speak through their representatives here on
the floor of the House.
None of us want to promote the killing of women, the cutting off of
ears, the mutilation of anyone. I have founded and chaired the Afghan
Caucus. I have gone to Afghanistan many times. I've delivered books to
their schools. What we are suggesting is that the precious blood of our
soldiers, first going there after the horrific incident of 9/11, they,
after 10 years, have given the fullest measure. What we're suggesting
is that we bring them home safely and orderly, and that we begin to use
the diplomatic resources, we enhance NATO, we make sure that we work
with our allies, and we have the Afghan national security forces stand
up. That's what we're saying.
We've given enough ribbons and hero awards because we know that our
soldiers would not step away--they want to be there with their
comrades. But it is important for us, as Members of Congress, who make
decisions to send young men and women into war, to make a decision that
their job is well done, and that Afghanistan begin to, in essence,
develop the democratic processes and begin to have their national
security forces and their police officers stand up. Enough killing of
our soldiers by internal acts by Afghan police and soldiers. Let us
bring them home now in an orderly way.
God bless our troops, and God bless the United States of America.
Mr. McKEON. Mr. Chairman, at this time I yield 1 minute to my friend
and colleague, the gentleman from New Mexico (Mr. Pearce).
Mr. PEARCE. Mr. Chairman, I flew combat missions in Vietnam in 1971,
'72, and '73. I was there when Members of this House voted to cut the
funds to troops in combat.
I'm hearing the words ``safe'' and ``orderly'' withdrawal. Has anyone
on the other side looked at the safe and orderly withdrawal that
occurred in Vietnam? As we fell head over heels, we left 574 combat-
ready aircraft there. That was the safe and orderly withdrawal we had
when this body began to manage Vietnam. We lost the Vietnam War because
we took the control of the war away from the generals and placed it
into this body, people who had never been in combat, who had never been
in harm's way.
I'm telling you, as someone who was there during a time when Congress
choked off the funds to people that were in harm's way, I had a burning
anger that burns today. And when I see this amendment and visualize the
young men and women over there whom you're cutting funds off to and
saying we're going to leave you with an orderly and quiet withdrawal--
it's not humanly possible. The other side doesn't play by your orderly
rules.
Understand that this is war, and our troops' lives are at risk, and
you're putting them more so.
Ms. LEE of California. Mr. Chairman, I reserve the balance of my
time.
Mr. McKEON. Could I ask the time remaining?
The Acting CHAIR. The gentleman from California has 2 minutes
remaining. The gentlewoman from California has 1 minute remaining.
Mr. McKEON. And I have the right to close?
The Acting CHAIR. The gentleman from California has the right to
close.
Mr. McKEON. I reserve the balance of my time.
Ms. LEE of California. Let me just first say that I appreciate this
20-minute debate, but we should have a couple of days to be able to
have a full debate on why we need to, one, protect our troops and
provide for their safe and orderly withdrawal.
The American people are war weary. We need to reunite our brave men
and

[[Page H3014]]

women in uniform with their families at home. We should transfer the
billions of dollars that we're spending on war to creating jobs here at
home. We should ensure that our troops are provided with the resources
that they deserve and they need during this withdrawal.

{time}  1630

We're asking for a safe and orderly withdrawal. We're saying our
young men and women have fought; they've done everything we've asked
them to do. We think that now, as the American people are saying, the
combat mission, the fighting should end, and we should begin by
protecting our troops and contractors; and we should begin to end the
longest war in American history. It's time to end the war in
Afghanistan.
I yield back the balance of my time.
Mr. McKEON. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, when I was in Afghanistan a few years ago, I visited
Camp Leatherneck. General Nicholson, who was just setting up base, and
they were just there in the desert--the men were out setting up forward
operating bases, trying to take back territory that the Taliban
commanded. The general told me that his troops were being asked every
day by the local people, when are you leaving? How long are you going
to be here? Can we trust you to be here to protect us?
Last year, when I returned, I went to the same area. We were able to
go to Marjah this time, which we couldn't go to before because that was
a Taliban stronghold. Last year, we were able to walk down the street
in Marjah. I saw marines and Afghan soldiers embracing; they were happy
to see each other. Maybe they'd been apart for a while.
The marines had put up light standards down the street, and the
merchants were able to keep their stores open a little bit longer.
We opened a school while we were there, not a school like we enjoy,
but it was a school built out of adobe and tents. They had 500 kids.
About a third of them were girls. They were able to go to school that
they hadn't been able to go to before. They were excited about that
opportunity.
I visited with the local governor there. We had lunch. I asked him
what motivated him, because he knew, as the Taliban came back for the
spring effect, that his life was on the line. He said, God willing,
we'll prevail.
Mr. Chairman, I think when we talk about pulling these people out
before they have a chance to complete their mission--I was at a street
fair in Simi Valley last week and I talked to a lady working in a booth
for the troops. She said, my grandson just came home from Afghanistan.
And I told him we ought to just get out of there. And he said, Granny,
that's wrong. We're accomplishing great things. We're helping those
people. Let us finish our mission.
That's what the generals say they should do. That's what the troops
say they should do.
Defeat this amendment that pulls the troops out immediately.
I yield back the balance of my time.
Mr. NADLER. Mr. Chair, I rise to support the Lee Amendment to end the
war in Afghanistan and bring our troops home as quickly as possible.
The whole premise of the war in Afghanistan is wrong. The rationale
for the war is to fight Al Qaeda, but most of the day-to-day fighting
is against an entrenched Taliban insurgency that will outlast any
foreign fighters. Fighting in Afghanistan does not enhance the security
of the United States in any way.
In 2001, we were attacked on 9/11 by Al Qaeda. Al Qaeda had bases in
Afghanistan, and at that time it made sense to go in and destroy those
bases, and we did. But that took about three weeks. We should have
withdrawn after three weeks. The CIA told us more than a year ago that
there are fewer than one hundred Al Qaeda personnel in all of
Afghanistan. So why do we still have 88,000 troops there? Troops who
will continue to risk their lives every day in a war that has already
claimed far too many lives. And why should we continue pouring billions
of dollars into an intractable mess when we should be devoting those
funds to our own economy, our own jobs, our own schools, our own
bridges and roads and highways, our own housing, social programs, and
education?
Afghanistan is in the middle of what is, so far, a 35 year civil war.
We do not have either the need or the ability to determine the winner
in that war, which is what we're trying to do. If we continue on this
course, in two years, there will be hundreds more dead American
soldiers, several hundred billion more dollars wasted, and two or three
more provinces labeled ``pacified''. But as soon as we leave, now or in
2014 or 2016 or 2024 or whenever, those provinces will promptly become
``unpacified,'' the Taliban and the warlords will step up the fighting,
and the Afghan civil war will resume its normal, natural course.
Our troops are fighting valiantly, but we are there on the wrong
mission. We should recognize that rebuilding Afghanistan in our own
image, that setting up a stable government that will last is both
beyond our ability and beyond our mandate to prevent terrorists from
attacking the United States. We fulfilled the mission in protecting
America from terrorists based in Afghanistan over 10 years ago. We
should have withdrawn our troops 10 years ago, we should withdraw them
now. We shouldn't wait till 2014, we shouldn't have several thousand
advisors or troops or whatever advising or helping the Afghanis for
another 10 years. They have their own civil war they have been fighting
for 35 years. I wish we could wave a magic wand and end it but we
can't, we should not participate in what is an Afghan civil war, we do
not need to pick the winner, we do not have the ability to pick the
winner, all we are doing is wasting lives, wasting limbs, wasting
people and wasting dollars. It ought to end as rapidly as we can
physically get them out of there.
Mr. HOYER. Mr. Chair, I continue to be disappointed at how
Republicans are approaching deficit reduction. Every day, we hear
Republicans talking about the need for painful cuts to get our deficits
in order. However, time and again, Republicans appear unwilling to
exercise fiscal discipline when it affects something they like.
First, the sequester is set to impose difficult and arbitrary
spending cuts across both defense and domestic programs unless we
replace its deficit savings before the end of the year. Yet,
Republicans seek to find these savings only by cutting domestic
programs like Social Service Block Grants, food stamps, and preventive
health care services. And second, we reached an agreement last August
on spending levels, which Republicans have now broken.
This Republican defense bill authorizes $8 billion more than the
agreed-upon level. At the same time, Republicans are drastically
cutting domestic programs.
This amendment returns defense spending to the level agreed upon in
the Budget Control Act. It does so without weakening our military or
denying our troops the tools they need to succeed in their mission.
This should be something Republicans and Democrats ought to see eye to
eye on, because we previously agreed to it in August.
Democrats want to provide our troops with every tool they need to
carry out their mission and keep Americans safe. The arbitrary cuts of
the sequester will make doing so much more difficult.
That's why we need a solution that balances defense and non-defense
spending cuts and includes revenues--a big, bold, and balanced
approach.
This, Mr. Chair, is the opposite of a balanced approach, and I urge
my colleagues to adopt this amendment and send a strong message that we
must approach deficit reduction with the seriousness it deserves.
I commend Representative Barbara Lee, Financial Services Ranking
Member Barney Frank, Representative Lynn Woolsey, and Representative
Earl Blumenauer for their work on this amendment and for standing up
for the agreement the parties reached last August.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Lee).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. LEE of California. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.

Amendment No. 6 Offered by Mr. Connolly of Virginia

The Acting CHAIR (Mr. Simpson). It is now in order to consider
amendment No. 6 printed in House Report 112 485.
Mr. CONNOLLY of Virginia. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 542, after line 19, insert the following:
``(3) A certification of the Secretary of Defense that the
Government of Pakistan--
``(A) has opened the Ground Lines of Communication;
``(B) is allowing the transit of NATO supplies through
Pakistan into Afghanistan; and

[[Page H3015]]

``(C) is supporting retrograde of United States equipment
out of Afghanistan.''.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Virginia (Mr. Connolly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. CONNOLLY of Virginia. I first want to congratulate the chairman
and the ranking member and their respective staffs for once again
offering us a model for bipartisan collaboration on major legislation.
This particular amendment addresses the future drawdown in
Afghanistan which will require NATO to remove $30 billion of equipment
from Afghanistan by the end of 2014. This includes everything from
vehicles to armor to equipment. Logistically speaking, this is quite a
challenge.
The United States and its allies have relied on two major routes to
transport equipment to Afghanistan: the Ground Lines of Communication,
which is the NATO supply route, and the Northern Distribution Network
through Central Asia.
For nearly 6 months, Pakistan has closed the NATO troop supply route
in response to the accidental shooting of Pakistani troops on the
border. While recent talks between us on the subject have been
positive, the final outcome is far from certain.
This simple amendment addresses the issue head-on by withholding
funds to the Coalition Support Fund until the Secretary of Defense
certifies that Pakistan has opened the Ground Lines of Communication,
is allowing the transit of NATO supplies through Pakistan into
Afghanistan, and, three, is supporting retrograde of U.S. equipment out
of Afghanistan.
Drawing down from Afghanistan will be no easy feat, and it will
require the cooperation of our allies, no matter how strained the ties.
Several recent developments have caused some of my colleagues to
question why we continue to engage with Pakistan at all. Well,
Secretary of State Clinton said it best: Pakistan is a nuclear-armed
state sitting at the crossroads of a strategic region. And we have seen
the cost of disengaging from that region before.
Simply put, we have a national security interest in maintaining the
bilateral relationship. The presence of several competing actors in
South and Central Asia necessitates ongoing U.S. engagement in the
region. A key requirement for a successful transition to a post-Taliban
Afghanistan is a deep and nuanced understanding of all the players in
the region. This includes each actor's desired endgame and its
willingness to work toward a peaceful Afghanistan ruled by the Afghans.
Equivocal statements and doublespeak by any party, frankly, impedes
that progress.
As the United States prepares to complete the transition, we should
clearly outline our mission, identify our allies, and specify our
expectations. This amendment does just that.
Mr. Chairman, I also want to take a moment to express my appreciation
again to the chairman and ranking member of the committee for working
with me on this and other provisions in the bill. Specifically, I am
grateful for the committee's collaboration on two initiatives to
promote competition among advanced small businesses to ensure the
Federal agencies are issuing accurate size standards, and to strengthen
America's small businesses and save taxpayer money.
I also appreciate the committee's support of a bipartisan amendment,
amendment No. 96, I submitted, along with Mr. Lankford of Oklahoma, to
combat human trafficking by Federal subcontractors. I think it will go
a long way to addressing that problem.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I claim time in opposition to the amendment
although I don't oppose the amendment.
The Acting CHAIR. Does any Member claim time in opposition?
Without objection, the gentleman from California is recognized for 5
minutes.
There was no objection.
Mr. McKEON. I yield myself such time as I may consume.
Mr. Chairman, we had an amendment earlier to cut off all funds to
Pakistan. This is a more moderate approach.
Pakistan is part of the problem, we understand that. They live in a
tough neighborhood. We know that in some ways they help us, in some
ways they don't help us.
This amendment is kind of a carrot-and-stick approach. We say, when
you do the things that you say you'll do, when you open these Ground
Lines of Communication, we'll be giving you some of the funds. I think
that's the proper approach that we should take, and I think that will
help us in moving forward our effort in that area.
I thank the gentleman for his amendment. I think it makes the bill
stronger. I thank him for his work in this regard.
I ask support of the amendment and yield back the balance of my time.
Mr. CONNOLLY of Virginia. May I inquire how much time is left on this
side.
The Acting CHAIR. The gentleman has 2 minutes remaining.
Mr. CONNOLLY of Virginia. I yield 1 minute to the gentleman from
Washington (Mr. Smith), the distinguished ranking member of the
committee.
Mr. SMITH of Washington. Mr. Chairman, I rise in support of this
amendment as well.
As was discussed earlier, we certainly have problems with our
relationship with Pakistan. We want to make sure that we continue to
put the pressure on them to improve that relationship. Opening up these
supply lines are critical to our troops. I think it is a minimum
requirement that we should ask, and the gentleman's amendment is very
well thought out. It is the appropriate response for dealing with our
difficult ally.
As Mr. Rohrabacher mentioned earlier, certainly there is much that
Pakistan does that causes us trouble. But they are a country that we
need to work with if we're going to properly contain the al Qaeda and
terrorist threat that comes from that region of the world. I think the
gentleman from Virginia's amendment strikes that balance just right,
and I urge this body to support it.
Mr. CONNOLLY. I now yield 30 seconds to the gentlewoman from Texas
(Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. Let me thank the gentleman for his hard
work, and let me have an open letter to our friends in Pakistan,
Pakistani Americans, that your friendship is appreciated. The hard work
that we have done together is appreciated.
But we are looking to begin the reopening of those borders that are
crucial to the survival and the efforts of our men and women who are
presently in Afghanistan and on that border. And I would also say that
with the leadership of the new ambassador, with the efforts that have
been made by the Foreign Minister of Pakistan, they understand, and
have made announcements that they would begin the opening of those
lines, not only of communication but travel, and we would hope that
that would happen soon.
Again, I emphasize working with the Pakistani people is crucial.
Developing allies is crucial in that very difficult neighborhood where
Pakistanis themselves are subject to terrorist acts.

{time}  1640

Mr. CONNOLLY of Virginia. I thank my colleague.
Again, I want to thank the chairman and the ranking member and their
wonderful staffs for their hard work on this bill, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CONNOLLY of Virginia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.

Amendment No. 7 Offered by Mr. Rooney

The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 112 485.
Mr. ROONEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

[[Page H3016]]

At the end of title X, add the following new section:

SEC. 10__. TRIAL OF FOREIGN TERRORISTS.

After the date of the enactment of this Act, any foreign
national, who--
(1) engages or has engaged in conduct constituting an
offense relating to a terrorist attack against persons or
property in the United States or against any United States
Government property or personnel outside the United States,
and
(2) is subject to trial for that offense by a military
commission under chapter 47A of title 10, United States Code,

shall be tried for that offense only by a military commission
under that chapter.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Florida (Mr. Rooney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. ROONEY. Mr. Chairman, I yield myself such time as I may consume.
My amendment simply codifies in the NDAA that any foreign terrorist
detained be tried in a military tribunal set up by this Congress rather
than in an Article III court. The reason for that is quite simple.
Article III courts, which are reserved for our citizens, afford
constitutional rights: the right of an attorney, the right to remain
silent, a right to face your accuser and to contradict the evidence
that's brought against you, evidence which sometimes is being offered
by the government and by people in the intelligence community--
information and sources that need to be protected.
Military tribunals, I think, are the more adequate venue for foreign
terrorist enemy combatants to be tried and to be given due process
fairly, which would also protect our sources and would also protect the
way that we gather evidence by men and women in uniform and by panels
of men and women in uniform. I had the pleasure of serving in the
United States Army JAG Corps. They are people of the utmost integrity
and the utmost fairness.
Specifically, despite the fact of our moving further away from 9/11,
the war on terror continues, as we have seen with Abdulmutallab, the
underwear bomber, as we have seen with Major Nidal Hasan in the Fort
Hood shootings, as we have seen with the Times Square bombing, and as
we have seen as recently as last week in a second attempt at an
underwear-type bombing on an airplane.
So, for these reasons and for the reasons stated previously with
regard to detainees at Guantanamo Bay, for those who are not U.S.
citizens but who are foreign terrorist detainees--and they should get
due process--I believe in the due process venue of the military
tribunals and military court down in Guantanamo Bay so that they may
get their day in court in a fair way, one that is humane and just.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of Washington. I rise in opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. I yield myself such time as I may consume.
I do not oppose military commissions. I think military commissions
are an important tool, particularly when you are talking about people
who are captured overseas, potentially in Afghanistan, Yemen, Somalia.
I agree with the gentleman in that there are instances when the
evidence necessary requires a military commission.
Yet the problem with this amendment is it says it has to be a
military commission, that Article III courts are never an option. We
have an extensive history of capturing terrorists overseas, of bringing
them back to the United States, of trying them in Article III courts,
and of convicting them and putting them in prison. We've done that a
number of different times, and it is an option that should be on the
table. I cannot support taking that option completely away under any
circumstances, because there are a couple of problems with military
commissions.
They are necessary for many of the reasons that Mr. Rooney stated.
However, they are also relatively new. We had some military commissions
during World War II--I believe just one for a particular group of
German spies who were here in the U.S. We've done a couple since then,
but they are untested, and there will undoubtedly be appeals.
The beauty of the Article III courts is you have 230 years of
history. My math may be off a little bit there, but you have over 200
years of history. Let's put it that way. It's well developed, and you
know what's coming, and you can prepare the evidence accordingly. We
don't know what's going to come from a military commission.
The second problem with the military commissions is that our overseas
allies are not as fond of them as we are, and it may inhibit our
ability to get them to turn terrorists over to us for prosecution if
they know they have to go to military commissions.
This amendment doesn't make any sense. To take Article III courts
completely off the table is taking an option away from the President
and from this country to properly protect us. There are going to be
instances when we are going to want to use that tool and other
instances when we will want to use the military commissions, and this
amendment takes away that option in a way that, I believe, will hamper
national security. It will limit our options for how to prosecute
terrorists.
I will say this again, and I will emphasize this: we seem to have
totally lost track of the fact that the Department of Justice, the FBI,
our Article III courts have been one of the most important tools in
successfully stopping the terrorists--over 400 tried, convicted, and
locked up for life. That is a very effective tool. The FBI knows how to
investigate crimes. It knows how to interrogate suspects. It can do the
job.
Why would we take that tool in our toolbox and throw it away? It
doesn't make sense. For that reason, I have to oppose this amendment.
I reserve the balance of my time.
Mr. ROONEY. Mr. Chairman, I yield 90 seconds to my friend from
Arkansas (Mr. Griffin).
Mr. GRIFFIN of Arkansas. I stand in support of Mr. Rooney's
amendment, which requires all detainees currently held at Guantanamo
Bay to be tried by military commissions in the courtroom facility
there. It is a strong amendment.
I visited Gitmo. It was the first trip that I took when I got to
Congress. They had the facilities and the expertise there. I am also
currently serving as a JAG officer in the Army--I'm in my 16th year--
and I believe that it is the appropriate place to try them.
Article III courts are not equipped to try foreign terrorists. The
constitutional and legal standards for evidence-gathering and
prosecution in a civilian case are simply not adequate for the trial of
an enemy combatant. These cases often rely on classified evidence,
informants, and intelligence operatives. Military commissions, on the
other hand, are set up to protect critical intelligence, officials, and
evidence while still providing fair and due process for the accused.
I would also note that bringing terrorists up to New York City is a
very expensive proposition. My constituents have made it clear to me
that they want the terrorists kept where they are--at Gitmo--where our
state-of-the-art facility houses them. We've spent millions of dollars
there, including on a large courtroom in which to try detainees. It
makes no sense to spend millions more to bring them here for trial when
we have the facility and the process to try them at Gitmo.
I am confident that trying enemy combatants in military tribunals at
Gitmo is the best way to hold terrorists accountable, to keep them out
of the United States, and to prevent them from rejoining the fight.
Mr. SMITH of Washington. May I inquire as to how much time is
remaining?
The Acting CHAIR. The gentleman has 2\1/2\ minutes remaining.
Mr. SMITH of Washington. I yield 2 minutes to the gentleman from New
Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. I rise in opposition to the amendment.
If a suspected terrorist can only be tried successfully in a military
commission because there are concerns about jeopardizing the
confidentiality of classified information or other concerns, then I
emphatically agree that that person should be tried in a military
commission. But to presuppose that all such detainees properly belong
in a military commission, I think, is a mistake, for two reasons.

[[Page H3017]]

First, it really prejudges the record of evidence and the standing of
law in that case when we're not necessarily competent to do that. That
is a decision the prosecutors ought to make. Secondly, I think,
although it's not the intention of the authors, I'm sure, it belies a
certain lack of confidence in our constitutional system of criminal
justice.
We should be proud of our system. It's one that operates on
principles of fairness, and it fairly and expeditiously determines
guilt or innocence. I think to abandon that system in all cases and
under all circumstances not only unwisely prejudges the facts of these
cases but also unwittingly undercuts confidence in our Constitution and
in our Article III courts. For that reason, I would urge a ``no'' vote
on this amendment.

{time}  1650

Mr. ROONEY. Mr. Chairman, may I inquire as to the time remaining.
The Acting CHAIR. The gentleman from Florida has 1 minute remaining,
and the gentleman from Washington has 1 minute remaining.
Mr. ROONEY. Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, Mr. Rooney has the right to
close; is that correct?
The Acting CHAIR. The gentleman from Washington has the right to
close.
Mr. SMITH of Washington. Then I will reserve the balance of my time.
The Acting CHAIR. The gentleman from Florida is recognized for 1
minute.
Mr. ROONEY. Mr. Chairman, I would just say to some of the things that
have been said that I don't think that what this amendment is saying is
in any way disparaging what Article III courts can do or would be
successful doing. Certainly I would agree that they could be adequate
in prosecuting criminals and people that do crimes in this country.
What we are talking about are foreign enemy terrorist combatants,
people that commit acts of war against this country in furtherance of
the authorization that this Congress passed.
What we have done as a Congress is set up military commissions in
ways that can protect evidence, ways that can protect witnesses and
sources, and, in my opinion, in a way that the Article III courts might
not be able to. I'm not saying that they couldn't. I'm saying that it
is a better venue. Just like when we talked about earlier the Ranking
Member Smith and Amash amendment, which would preclude the use of
military tribunals. As much as the ranking member is saying that
options should be on the table, we're saying the same thing.
With that, I hope my colleagues will vote for this amendment, and I
yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield myself the balance of
my time.
Three quick points. I think the difference here and the reason that I
drafted my amendment to say ``just in the U.S.,'' I think is a
legitimate point. Overseas we do not have the same control over the
investigatory process that we have here domestically. There's a clear
difference between dealing with someone here domestically. That's why
in the last 10 years we haven't done anything other than try people
here in the U.S. under Article III courts. We haven't needed military
commissions. That's why I think we should take that power away from the
President because it's an extraordinary amount of power to give him
that isn't necessary.
Overseas they are, in fact, taking away the options in this amendment
and saying it has to be military tribunals. They are also saying that
Article III courts are inadequate to do that when, in fact, they've
done it repeatedly. The people who committed the bombing against the
World Trade Towers in 1993 were captured overseas, brought back, and
tried here in domestic courts. Article III courts work sometimes in
these incidents. Their amendment takes those options away completely. I
also point out that Guantanamo Bay is not an enormous facility. They
already have 40 people waiting in line for military tribunals. Many
more will backlog that.
But I want to come back to my amendment that will come up later.
Domestically, we have proven that Article III courts are more than
adequate. Overseas, we've proven that we need multiple options. So this
amendment sort of is in reverse of what the facts bear out that we
should be doing, and I urge opposition to it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Rooney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. SMITH of Washington. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.

Amendment No. 8 Offered by Mr. Bartlett

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 112 485.
Mr. BARTLETT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle A of title XXVIII, add the following
new section:

SEC. 28__. USE OF PROJECT LABOR AGREEMENTS IN MILITARY
CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS.

(a) Requirements.--Section 2852 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary of Defense and the Secretaries of
the military departments, when awarding a construction
contract on behalf of the Government, in any solicitations,
bid specifications, project agreements, or other controlling
documents, shall not--
``(A) require or prohibit bidders, offerors, contractors,
or subcontractors to enter into or adhere to agreements with
one or more labor organizations; and
``(B) discriminate against or give preference to bidders,
offerors, contractors, or subcontractors based on their
entering or refusing to enter into such an agreement.
``(2) Nothing in this subsection shall prohibit a
contractor or subcontractor from voluntarily entering into an
agreement with one or more labor organizations, as protected
by the National Labor Relations Act (29 U.S.C. 151 et
seq.).''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall not apply to construction contracts
awarded before the date of the enactment of this Act.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Maryland (Mr. Bartlett) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. BARTLETT. Mr. Chairman, I yield myself such time as I may
consume.
This is a very simple amendment. I would first like to make two
statements that I think are generally recognized facts. One of those is
that only 11.8 percent of our workforce belongs to a PLA; secondly,
that PLA contracts in the government on the average cost the taxpayer
12 to 18 percent more than a non-PLA contract.
Our amendment is very simple. It is not prescriptive. It is simply
permissive. It says that the government will not discriminate in
awarding contracts whether you're a PLA, not PLA, whether it's a
mixture of PLA and non-PLA companies, that they will be considered
equal and fairly. If, in fact, a PLA contractor is more efficient and
does better quality work as they contend, then that will be taken into
account in the award of the contract. You do not have to award to the
lowest bidder. You can award on the basis of best value.
I think that this amendment is a commonsense amendment that anybody
who believes in the free enterprise system ought to support, and I
reserve the balance of my time.
Mr. COURTNEY. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from Connecticut is recognized for 5
minutes.
Mr. COURTNEY. Mr. Chairman, I rise in strong opposition to my friend
Mr. Bartlett's amendment, which, in fact, does the opposite of what it
was purported to do.
Presently the status quo allows the Department of Defense to have two
choices: yes, they can use a project-labor commitment or a prehiring-
labor agreement that establishes terms and conditions of employment, or
now they can elect not to enter into a PLA. The effect of this
amendment would, in fact, remove the Department's ability

[[Page H3018]]

to have a PLA requirement in terms of hiring terms and conditions.
The reason why those models work right now and have worked for
decades is it gives the Department of Defense the opportunity to set
conditions regarding security screening, apprenticeship programs,
veteran hiring programs. The Helmets to Hardhats program--which is one
of the most successful programs of integrating veterans returning from
Iraq and Afghanistan into the building trades--is done under a PLA
arrangement. It also allows local job markets to be incorporated into
military construction projects. Again, the Department now presently has
the option not to use PLAs. This amendment would, in fact, rob the
Department of that opportunity.
With that, I reserve the balance of my time.
Mr. BARTLETT. Mr. Chairman, I yield 2 minutes to my friend from
Arizona (Mr. Flake).
Mr. FLAKE. I thank the gentleman for yielding, and I rise in support
of the Bartlett-Flake amendment.
Let me just clear something up if I can. What has happened is the
President issued an executive order where he encouraged the Federal
Agencies to--where they can and where appropriate--employ PLAs. That
might seem fine. The problem is some of the Federal Agencies have taken
that to mean that they should require PLAs, and some of them have
issued guidance to that effect. So they've taken what the President
said and taken it one step further.
What we're trying to do here is simply say that you cannot favor
PLAs, nor can you prohibit them, and that the Federal Agencies will be
neutral in this regard. To say that it would prohibit the use of PLAs
is simply not true. We're simply trying to keep the President or the
Federal Agencies from putting their finger on the scale in favor of
PLAs or against them. That's what this amendment does, and I'm proud to
support it.
Let me just say that this amendment was offered in the Appropriations
Committee yesterday in the Military Construction bill, and it was
passed by a voice vote. There is a recognition that the President has--
unwittingly or not--put his finger on the scale in favor of PLAs or
union shops, and that's just not fair. The President and the Agencies
ought to be neutral in this regard.
PLAs might make sense; they might not. What we ought to do is ensure
that the taxpayer gets the biggest bang for the buck. That's the
purpose of this amendment, and that's why I support it.
Mr. COURTNEY. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Lynch).
Mr. LYNCH. Mr. Chairman, I thank the gentleman for yielding, and I
rise in strong opposition to the Bartlett-Flake amendment. This
amendment would indeed seek to prohibit Agencies from using a PLA. It
is not as the gentleman from Arizona has just stated.
Let me clear something up. Large-scale construction projects--look, I
was an ironworker for 18 years. I've run work. I was an ironworker
foreman, an ironworker general foreman. PLAs are a great advantage to
have in a complex construction project.
This amendment and the PLA provision that's already in the
President's executive order applies to projects that are $25 million
and over. All of those projects below $25 million don't get affected by
the PLA executive order. What the PLA does require, as Mr. Courtney has
pointed out, is it does require compliance with statutory compliance
with workers' comp law, statutory compliance with anti-discrimination
law, with proper classification of workers, and with health and safety
laws on some very dangerous job sites.
It is a good idea to reject the Bartlett-Flake amendment and allow
the PLAs to be used when appropriate.

{time}  1700

Mr. BARTLETT. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan (Mr. Walberg).
Mr. WALBERG. I thank the gentleman for yielding.
Mr. Chairman, I stand in strong support of this amendment, an
amendment that I think speaks to a rationality in our contracting, and
especially when we think of what we're talking about here in the
defense world.
It's one thing to have PLAs that virtually make unfair competition
for 86 percent of all of our construction contractors, because 86
percent, nationwide, don't have PLA agreements, they're nonunion, and
yet have skilled workers doing the jobs they are expected.
For defense contracting to have a mandate that there must be a PLA
agreement in place oftentimes will put our defense industry in the
position of accepting a product that is more expensive and potentially
of a lesser quality in the process.
This is not a mandate. This says choice can be made either way. And I
think it needs to be made very clear that's all we're saying. It is
neutral. It is not, as was described by others, that this would take
PLAs out of the mix.
I stand in strong support for this, and I ask that this amendment be
applied to ultimately make a stronger defense capability for our
country.
Mr. COURTNEY. Mr. Chairman, I yield 1 minute to the gentlelady from
Hawaii (Ms. Hanabusa), who is a member of the Armed Services Committee.
Ms. HANABUSA. I thank the gentleman from Connecticut.
I rise in opposition to the Bartlett amendment because I think the
Bartlett amendment doesn't quite understand the difference between a
project labor agreement and a collective bargaining agreement.
This amendment targets Executive Order 13502, which encourages the
use of PLAs in construction contracts of $25 million or more. And the
reason is that it's historically something that we have supported.
Ironically, in 1992, there was a Supreme Court decision that defined
PLAs, called the Boston Harbor Agreement, which was under President
Bush, who had a similar executive order that prohibited the use of
PLAs. It was Bush's solicitor Kenneth Starr that argued for the PLAs.
And he said the reason why you would use them is because of timely
completion, labor peace and stability, labor supply, and for public
purpose. This is the reason why you would use PLAs.
We know that historically, this has been one of the best ways to do
these major construction projects. What the Bartlett amendment does is
it will tie the hands of the Department of Defense.
Mr. BARTLETT. Mr. Chairman, may I inquire how much time remains?
The Acting CHAIR. The gentleman from Maryland has 1\1/2\ minutes
remaining. The gentleman from Connecticut has 2 minutes remaining.
Mr. BARTLETT. I yield 1 minute to my good friend from Georgia (Mr.
Gingrey).
Mr. GINGREY of Georgia. Mr. Chairman, I rise today in support of
amendment No. 8, the Bartlett-Flake amendment, to H.R. 4310.
The amendment will prevent the DOD from requiring contractors to sign
expensive union-favoring project labor agreements as a condition of
winning Federal construction contracts for projects authorized by the
bill.
Under a PLA, the construction firm must agree to sign a union
collective bargaining agreement, whether it's unionized or not, before
it can bid on a government project. PLAs can result in increased costs
for contractors and taxpayers by as much as 18 percent and cause
unnecessary procurement delays and political favoritism in the Federal
procurement process.
At a time when the Department of Defense is facing devastating
across-the-board cuts, it simply does not make sense to encourage PLAs.
I urge my colleagues to support the amendment.
Mr. COURTNEY. Mr. Chairman, I yield 1 minute to the gentleman from
Ohio (Mr. LaTourette).
Mr. LaTOURETTE. I thank the gentleman very much for yielding.
We've seen this amendment a number of times in the 112th Congress,
and, sadly, it doesn't get any better. It's based upon the
misconception that somehow PLAs are costing the taxpayer money.
Definitive research was done by the Department of Veterans Affairs
that concluded that it really depends on what part of the country you
are in and whether you have a heavily unionized workforce in your area
or you don't. They concluded that PLAs are productive and actually come
in on time and under budget in areas where you have a

[[Page H3019]]

heavy unionized workforce and not so much in areas where you don't. And
that makes sense because you have to bring people in to do the work.
The amendment, I think, is being billed as ``we just want people
given a choice,'' but come on. The people that are advocating this hate
PLAs. They don't want PLAs. They want to kill project labor agreements.
So this was craftily drafted by the Associated Builders and Contractors
to pretend that we're going to give people a choice when they really
don't want people to have a choice.
Please reject this. We don't have to go out. And the President's
executive order is clear. All it says is you have to consider PLAs in
the mix. And I urge us to reject the amendment.
Mr. BARTLETT. Mr. Chairman, maybe it's because I am a scientist, but
I'm having some trouble understanding how an amendment that
specifically says that it is nondiscriminatory, that it's going to be
totally agnostic to whether an organization is PLA or not PLA, somehow
excludes PLAs in contention. That is certainly not what the amendment
does.
I think this is a very commonsense amendment. I think that very few
Americans would like to exclude nearly 90 percent of American workers
in contention for Federal contracts. This is a fair, commonsense
amendment, and I urge it's acceptance by both sides.
I yield back the balance of my time.
Mr. COURTNEY. Mr. Chairman, to conclude, again, there is a myth that
somehow President Obama's executive order has swept through all the
Federal agencies, and PLAs are now a mandated requirement. The fact of
the matter is that is not the way the executive order reads. The
Department of Defense has, in fact, granted only one PLA since
President Obama's executive order was issued in January of 2009. As Mr.
Lynch said, that executive order exempts projects $25 million or less.
I would be happy to invite Members to my district to a military base
where there has not been one PLA contract; although, we've done a
number of projects on our Navy base.
So the fact is that the option exists today. This amendment would
remove that option to the Department of Defense, which, again, has
obviously exercised it very judiciously because they've only done one
PLA since January of 2009.
Again, I urge Members to reject this amendment which handcuffs the
Department of Defense to set up prehiring agreements that can help
veterans, the local workforce, and apprenticeship programs for young
Americans who want to get an opportunity to learn a building trade.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Bartlett).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. SMITH of Washington. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Maryland
will be postponed.

Amendment No. 9 Offered by Mr. Conyers

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in House Report 112 485.
Mr. CONYERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle C of title I, add the following new
section:

SEC. 132. TERMINATION OF THE F 35B AIRCRAFT PROGRAM.

(a) Termination.--
(1) Procurement.--Notwithstanding any other provision of
law, none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 or any
year thereafter may be obligated or expended to procure an F
35B aircraft, including through advance procurement.
(2) R&D.--Notwithstanding any other provision of law, none
of the funds authorized to be appropriated by this Act or
otherwide made available for fiscal year 2013 or any year
thereafter may obligated or expended for research or
development of F 35B aircraft.
(b) F/A 18E/F.--In accordance with section 128 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111 84; 123 Stat. 2217), as amended by section
123, the Secretary may procure an additional number of F/A
18E or F/A 18F aircraft, or combination thereof, that is
equal to the number of F 35B aircraft that the Secretary
planned to procure as of the date on which the budget of the
President was submitted to Congress under section 1105(a) of
title 31, United States Code, for fiscal year 2013.
(c) Corresponding Funding Reduction, Increases, and Deficit
Reduction.--
(1) Reduction.--
(A) Procurement.--Notwithstanding the amounts set forth in
the funding tables in division D, the amounts authorized to
be appropriated in section 101 for aircraft procurement,
Navy, as specified in the corresponding funding table in
division D, is hereby reduced--
(i) by $1,404,737,000, with the amount of the reduction to
be derived from F 35B aircraft under Line 007 JSF STOVL as
set forth in the table under section 4101; and
(ii) by $106,199,000, with the amount of the reduction to
be derived from F 35B aircraft under Line 008 Advance
Procurement (CY) as set forth in the table under section
4101.
(B) R&D.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Navy, as specified in the corresponding
funding table in division D, is hereby reduced by
$737,149,000, with the amount of the reduction to be derived
from under Line 133, Program Element 0604800M, Joint Strike
Fighter (JSF) - EMD, as set forth in the table under section
4101.
(2) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for aircraft procurement, Navy,
as specified in the corresponding funding table in division
D, for Line 003 F/A 18E/F (Fighter) Hornet is hereby
increased by $459,645,614.
(3) Balance for deficit reduction.--Of the amounts reduced
pursuant to subparagraphs (A) and (B) of paragraph (1),
$1,788,439,386 may not be made available for any purpose
other than deficit reduction.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Michigan (Mr. Conyers) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, I am joined on this amendment by my
colleague from Minnesota, Mr. Keith Ellison.
This amendment is simple in that it merely terminates the most
expensive weapons system of the Department of Defense in its history,
that is, terminating the F 35B Joint Strike Fighter.
Well, why? Well, because there are many other planes that have
capabilities that rival the F 35B and yet cost far less to buy and
operate. Our amendment would save $50 billion over the life of this
program.
The termination of this program has been recommended by so many
groups. I will mention a few: The Project on Government Oversight,
Taxpayers for Common Sense, the Cato Institute, the Center for American
Progress, the Public Interest Research Group, the National Taxpayers
Union, our colleague Senator Tom Coburn of Oklahoma, and the Bowles-
Simpson Commission. Please join us in a very simple idea.
I reserve the balance of my time.

{time}  1710

Mr. McKEON. I rise, Mr. Chairman, to claim the time in opposition to
the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. McKEON. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I oppose the Conyers amendment. The F 35B is a short
takeoff and vertical landing variant of the F 35 stealth fighter, and
it's in the final stages of development and has entered low-rate
initial production. The F 35B will operate from large deck amphibious
ships as well as have the capability to operate from forward operating
bases and damaged air strips to support Marine Corps ground maneuver
forces ashore.
The Commandant of the Marine Corps, General Amos, wrote to the
committee yesterday and said:

The importance of the F 35B short takeoff vertical landing
variant to the Marine Corps and the Nation cannot be
overstated.

The F 35B has made significant progress in the last year, under
General Amos' guidance, by completing all of the plan test points in
2011 and accomplishing 260 vertical landings. If passed, this amendment
could have major negative impacts to our Nation's future combat power,
increase the cost of the overall F 35 program, and negatively affect
the eight international program partners in foreign military sales.

[[Page H3020]]

I urge my colleagues to vote ``no'' on the Conyers amendment.
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to my cosponsor of the
amendment, the gentleman from Minnesota (Mr. Ellison).
Mr. ELLISON. I don't stand up here before you representing myself as
some great expert on airplanes, but I am a Member of this body who is
very concerned about the deficit and about spending. And we must save
money, particularly where we need to.
Now, when the Simpson-Bowles Commission says that this particular
airplane is not necessary and should be cut--and recommendation 47,
cancel the Marine Corps version of the F 35--I have to stop and take
notice. When other organizations, many of which are fairly conservative
groups--Taxpayers for Common Sense, the Cato Institute--no bleeding
heart liberals there--the Project for Government Oversight, the
National Taxpayers Union, the Project on Defense Alternatives, and the
Center for American Progress, all agree that this is a wasteful program
which we can save money with, I think we've got to stop and we've got
to take notice.
Now I notice my colleague on the other side of the aisle was making
very good points, and they sound very similar to some points I read
earlier today from a memo from somebody from Lockheed Martin. Lockheed
Martin is a private contractor who is making the program.
The talking points that they sent out are essentially arguing so that
they can ensure a commercial success of their particular project, which
they have a financial interest in. But they make no claim of cost. They
do not say that this is an exorbitant expense that people who have an
eye toward budget are saying is not worth the money.
We're not asking for the F 35A or F 35C to be cut. But we are saying
that this particular program, where there is a diverse and broad range
of parties who say that this is not a necessary program, should be cut
and can be replaced by other good alternatives, and I think we have
need to pay attention to that. I'm sure my friends who repeat
constantly that, We're broke, we're broke, we're broke, would agree.
Mr. McKEON. Mr. Chairman, I yield 1 minute to my friend and
colleague, a member of the committee and the chairman of the Veterans'
Affairs Committee, the gentleman from Florida (Mr. Miller).

Mr. MILLER of Florida. I first want to start off by inviting my
colleagues that oppose the F 35B to visit Eglin Air Force Base in the
Florida Panhandle, home of the 33rd Fighter Wing, where the sixth
operational F 35B was recently delivered. The aircraft is performing
well, and this year it is exceeding program expectations.
The F 35B is the tactical strike aircraft that will, in fact, enable
our marines to defeat and deter advanced threats well into the future.
The groups that you don't hear the opponents talk about is the fact
that the President supports it, the Secretary of Defense says we need
it, the chairman of the Joint Chiefs of Staff says we need it, the
Commandant of the Marine Corps says we need it. Nobody is saying that
the F 18 out there is not a highly capable fourth-generation aircraft,
but it has been meeting our needs for three decades now. The F 35B is
designed to defeat the threats of our adversaries that they are
developing today.
If we are to maintain our air superiority and defeat 21st century
threats, we need more than a 20th century aircraft.
Mr. CONYERS. I yield myself 1\1/2\ minutes.
An incredible number of organizations and people, both Democratic and
Republican Members of the House and Senate, have called the F 35B
program a scandal and a tragedy--and that is quoting the senior Senator
from Arizona, Senator McCain--and Under Secretary Frank Kendall has
referred to the process of developing and producing the F 35 as
``acquisition malpractice.''
And then, even worse, the serious performance issues that caused in
2010 Secretary Gates to stop production and place the program on 2
years probation. And according to the Department's figures, the F 35B
has driven cost overruns and is directly responsible for scheduled
delays in the overall development program. And it isn't even qualified
to participate in close air support mission for the Marine Corps' need.
It's far too vulnerable for this role, which requires low, slow flying.
The Marines would be much better served to utilize the Army's excess A
10s, which have a far superior range and payload capability.
The Acting CHAIR. The time of the gentleman has expired.
Mr. McKEON. I yield 1 minute to my friend and colleague, the ranking
member on the committee, the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Without question, the F 35 has been a
troubled program. It's been more expensive than we would like it to be
and has underperformed. It is getting better, as the chairman
mentioned.
There are a number of problems with this amendment, however. First of
all, in replacing the F 35B--that's the Marine Corps variant; it's a
vertical takeoff plane. I know Mr. Kline will do a much better job of
explaining this in a moment than I will. The Marine Corps is an
expeditionary force. They need to insert themselves. That's why they
need a vertical takeoff plane. The F 18 that is proposed to replace it
is not a vertical takeoff. It is not a replacement for the F 35B.
Second, the F 35 is a vastly more capable plane than the F 18. It is
all about stealth and being able to get in on targets. The F 18 cannot
get to the areas that the F 35 could get to to deal with adversaries
like Iran or North Korea and those surface-to-air missiles. It is a
much more capable plane.
If we cut this variant, we will also jeopardize the entire program,
not just this variant. Our foreign partners are likely to withdraw. It
will undermine our per-unit cost to the point where sustaining the
program will be very difficult.
It is unfortunate at this point the degree to which we have to rely
on this program. But it's going to be 95 percent of our fighter attack
aircraft fleet in 10 years. We have to make it work. Therefore, I
oppose this amendment.
Mr. McKEON. I yield 1 minute to my friend and colleague, a member of
the committee, chairman of the Education Committee, and a marine pilot,
the gentleman from Minnesota (Mr. Kline).
Mr. KLINE. I thank the gentleman for yielding.
Mr. Chairman, I rise today to oppose the gentleman's amendment and
impress upon my colleagues the importance of the short takeoff vertical
landing capability of the F 35B and its contribution to the continued
success of the United States Marine Corps.
Mr. Chairman, so many years ago, as a young marine and a young marine
pilot, I remember watching a jump jet--a Harrier--hovering over the
ground. That Harrier, that AV 8A, went from being a novelty to growing
and maturing to becoming an essential, integral part of the Marine air-
ground team. That Harrier today is old and getting outdated and needs
to be replaced.
Similarly, I've watched the magic of the FA 18, a fantastic, top-of
the-line, frontline fighter. Terrific aircraft. It can't take off and
land vertically. It doesn't have the capability. And we need those
capabilities that the ranking member, Mr. Smith, talked about--the
stealth capability, the advanced capability--to become that integral
part of the Marine air-ground team.
So I encourage my colleagues to support the continued development of
the F 35B and oppose the gentleman's amendment.
The Acting CHAIR. The gentleman from California has one minute
remaining.

{time}  1720

Mr. McKEON. Mr. Chairman, I yield 1 minute to my friend and
colleague, a member of the committee, the gentleman from Connecticut
(Mr. Courtney).
Mr. COURTNEY. Mr. Chairman, I thank the chairman for yielding me this
1 minute.
Again, all of the points about why this program, which was struggling
a couple of years ago, has now really shown great promise in terms of
the tests that show that a lot of the criticisms that we've heard on
the floor are, to some degree, out of date, with all due respect to the
proponents.
I think it is important for people to recognize that we made a
decision as a

[[Page H3021]]

country a number of years ago to cancel the F 22 program, that the
fifth generation program of the future is going to be the F 35. And
there are many other nations around the world, frankly, that are
watching this debate--Australia, our European allies--who are all going
to participate in the Joint Strike Fighter program. I think it is
critically important that we make a statement that we are going to move
forward with this program. Their navies and their aircraft carriers are
also going to be investing in these platforms. And, again, with the
progress that is being made, I think it is important for us to send a
strong signal internationally that this is a program that America is
going to continue to invest in.
Again, I respectfully rise to oppose this amendment and urge a ``no''
vote.
Mr. McKEON. I yield back the balance of my time.
Mr. GINGREY of Georgia. Mr. Chair, I rise in strong opposition to the
Ellison/Conyers amendment.
Simply put, if the goal is to deprive the Marine Corps of the Short
Take-Off Vertical Landing variant of the F 35, designed to replace its
aging Harriers and F 18's--while simultaneously increasing the per unit
cost of Joint Strike Fighters--then this amendment achieves it.
The STOVL variant is desperately needed for the execution of short
takeoffs and vertical landings in combat deployments aboard amphibious
assault ships and in austere conditions ashore.
It will provide the Marines with a much more capable tactical fighter
force that meets the future threats facing our nation.
This misguided amendment is opposed by the Department of Defense and
the Marine Corps, not only because it would invest in yesterday's
technology at the expense of tomorrow's, but because the F 35B has
performed exceedingly well over the past 18 months, testing ahead of
schedule in both 2011 and 2012.
Because the F 35B is urgently needed by the Marine Corps and our
international partners, I urge my colleagues to defeat this amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Conyers).
The amendment was rejected.

Amendment No. 10 Offered by Mr. Quigley

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in House Report 112 485.
Mr. QUIGLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle C of title I, add the following new
section:

SEC. 132. ELIMINATION OF AVAILABILITY OF FUNDS FOR
PROCUREMENT OF V 22 OSPREY AIRCRAFT.

Notwithstanding the amounts set forth in the funding tables
in division D, the amount authorized to be appropriated in
section 101 for aircraft procurement, Navy, as specified in
the corresponding funding table in division D, is hereby
reduced by $1,303,120,000, with the amount of the reduction
to be derived from Line 009 V 22 (Medium Lift) as set forth
in the table under section 4101. The amount of such reduction
shall not be available for any purpose other than deficit
reduction.

The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Illinois (Mr. Quigley) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. QUIGLEY. Mr. Chairman, I rise to offer an amendment with my
friend from Illinois (Mr. Gutierrez) to cut funding for the V 22 Osprey
and put the savings toward deficit reduction.
As many know, the Osprey has a long and troubled past. According to a
2009 GAO report, the Osprey was not suited to fly safely in extreme
heat, excessive sand, or under enemy fire. The GAO also found that the
Osprey was 186 percent over budget, costing over $100 million per unit
to produce, or five times more than the Sea Knight helicopter it was
designed to replace.
More recently, the Pentagon testing found that the readiness rate of
the V 22 was well below that of traditional aircraft, noting:

Its average mission capable rate was 53 percent from June
2007 to May 2010, well below the required rate of 82 percent.

Sadly, due to these severe shortcomings, the V 22 has taken the lives
of 36 individuals, including 31 servicemembers. Just last month, two
marines lost their lives when an Osprey crashed in Morocco.
Now, I understand that since the 2009 report, a number of
improvements have been made. Costs are being reduced and safety is
being improved. I also understand the unique benefits the V 22 can
provide to our servicemembers, especially for rescue operations. But
these operations can be completed with less expensive helicopters. And
here's the bottom line: we're emerging from a recession. We have a
deficit topping $1 trillion for 4 straight years, and we have limited
resources, which means we have to make choices.
As we look to reduce our deficit, we have to put everything on the
table, including defense. Defense spending comprises close to 20
percent of our budget and yet this Defense authorization completely
exempts any cuts from defense. In fact, it actually increases spending
by over $4 billion over the President's request.
We have to take a hard look at what we are spending and ask
ourselves: Is this essential? Given its continued cost overruns, poor
safety record, and the fact that it can be replaced with less expensive
helicopters, I think it is clear that the V 22 is not essential. At
best it's suboptimal. It is certainly not essential. And I'm not alone.
President George H.W. Bush tried to zero out funding for the V 22, but
Congress wouldn't let him. Former Defense Secretary Dick Cheney tried
to zero out funding for the V 22, but Congress wouldn't let him. And
now the President's Bipartisan Fiscal Commission, the Bipartisan Policy
Commission, and the Sustainable Defense Task Force have all recommended
cutting the V 22 and replacing it with less expensive MH 60
helicopters.
But the reality is one of the reasons we block cuts to the V 22 is
because 2,000 companies make supply parts for the Osprey from 40
States. I get it. The Department of Defense has become a jobs program.
If all we're worried about is job creation, we'd be better off building
bridges and transit programs because in the end we have to remember the
big picture. Choosing to fund this over-budget, dangerous, nonessential
plane means cuts in other vital areas such as education,
infrastructure, and health care.
I encourage my colleagues to join me in scrutinizing this budget,
setting priorities, and cutting programs that aren't essential in order
to protect ones that are. This Defense authorization bill includes a
long list of nonessential programs, all of which should be cut. But a
vote for my amendment to cut the over-budget, under-performing V 22
Osprey is a step in the right direction.
I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. McKEON. I yield 1 minute to my friend and colleague, a member of
the committee, the gentleman from Maryland (Mr. Bartlett).
Mr. BARTLETT. Mr. Chairman, if we don't buy these aircraft, it
doesn't mean that we won't be buying other rotorcraft because there are
missions that must be accomplished. This airplane will replace the CH
46E, and compared to the CH 46E, it has four times the range and
carries twice as many combat-loaded personnel.
So the gentleman's goal of reducing spending, his amendment might
result in exactly the opposite because obviously for many missions this
will be far and away the most efficient aircraft.
Mr. Chairman, we need to reject this amendment because if we pass the
amendment, it could very well result in increased costs to our
military, not decreased costs, and less efficiency on many missions.
Mr. QUIGLEY. I continue to reserve.
Mr. McKEON. Mr. Chairman, I yield at this time 1 minute to the
ranking member of the committee, the gentleman from Washington (Mr.
Smith).
Mr. SMITH of Washington. Mr. Chairman, the V 22 was a troubled
program. Certainly before it was finally developed, it went through a
number of difficulties. But as the gentleman mentioned in offering the
amendment, it has gotten over those difficulties; and, in fact, has
been deployed in Afghanistan for a very long time. I was in
Afghanistan, and I rode on a V 22. And so

[[Page H3022]]

it obviously can perform in desert environments. I was down in the
Helmand province, and it is a very capable plane.
Again it has to do with the Marine Corps and the Marine Corps'
capabilities. They are an expeditionary force. The vertical takeoff and
landing ability of the V 22 is critical to what they do. As Mr.
Bartlett pointed out, it has longer range and greater capacity, and
properly deployed and properly used, can actually make it cheaper than
buying more helicopters that are necessary to accomplish that mission.
It is a necessary program, certainly necessary for the Marine Corps. I
would urge opposition to the amendment.
Mr. QUIGLEY. I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I yield 1 minute to my friend and
colleague, the gentleman from Texas (Mr. Thornberry), the vice chairman
of the committee.
Mr. THORNBERRY. Mr. Chairman, I have before me an article from
defense.aol.com from just a few months ago which was written by Richard
Whittle, who wrote a whole book on the V 22. And as the editor says,
this is as close to ground truth on the V 22 as one can get.
What he says is the marines and the Air Force Special Operations
Command have been flying it in combat zones for 4 years, and they love
it. He goes on to talk about problems in the early years, but the
critics went to sleep in the middle of the story. In other words, they
have not recognized the significant improvements that several people
have talked about.
Since October 1, 2001, the military has lost 405 helicopters, 99
percent of them have not been V 22s; and yet this amendment comes only
against the V 22 when it turns out the redesigned, re-tested Osprey
safety record is the safest rotorcraft the Marine Corps flies based on
mishaps per 100,000 flight hours.
When it comes to cost, since 2008 they are under budget and are
actually going to save the taxpayers over $200 million versus what was
budgeted. This plane is working well. This amendment is behind the
times.
Mr. QUIGLEY. I continue to reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I yield 1 minute to my friend and
colleague, the gentleman from Pennsylvania (Mr. Meehan).

{time}  1730

Mr. MEEHAN. Thank you, Mr. Chairman, for yielding.
Mr. Chairman, I rise strongly to oppose the Quigley amendment in this
particular matter.
I'm grateful for the opportunity to speak on behalf of the V 22, on
behalf of the marines who are using it in the theater of battle where
it has proven itself. Indeed, if this argument were taking place in
2009, there might be a case to be made, but it's being made in 2012,
where, in fact, I've got the testimony of the Commandant of the Marine
Corps.
The Osprey has given the United States unprecedented agility and
operational reach, unmatched by any other tactical aircraft. The Osprey
is the cornerstone of the Marine ground task force. More significantly,
with regard to cost savings, it has--procured under a multiyear
procurement contract, it will actually save a proposed $825 million
over single-year contracts, providing required capability for the
Marine Corps. In addition, if we tried to replace it, there would be 74
percent more cost associated.
Reliability, cost, dependability, proof. I urge my colleagues to
support the retention of the V 22.
The Acting CHAIR. The gentleman from Illinois has 1 minute remaining.
The gentleman from California has 1 minute remaining and the right to
close.
Mr. QUIGLEY. Mr. Chairman, the fact remains, studies still show this
a dangerous vehicle. Studies still show it is suboptimal. Studies still
show it is wildly over cost.
I want to help marines. I want to save marine lives. That's why this
amendment is appropriate. It is, in the end, still dangerous pork with
wings.
I yield back the balance of my time.
Mr. McKEON. Mr. Chairman, I yield 1 minute to my friend and
colleague, the gentleman from Pennsylvania (Mr. Brady), a member of the
committee.
Mr. BRADY of Pennsylvania. Thank you, Mr. Chairman, for allowing me
the time.
Mr. Chairman, I rise in opposition, along with my colleague, Mr.
Fattah, to this amendment.
The V 22 Osprey program is a truly revolutionary system that is being
used around the world today by both our United States Marine Corps and
the Special Operations Command in support of our Nation's missions.
This amendment would eliminate the only cost-effective way to replace
the fleet of aging medium-lift aircraft in our inventory. Canceling V
22 does not remove the requirement to replace legacy CH 46 and HH 53
airframes. It would only interrupt the carefully planned transition to
a more capable and more cost-efficient alternative--at an additional
expense to the American taxpayer.
I quote the United States Air Force Special Operations Command
Commander, Lieutenant General Donald Wurster:

This aircraft is the single most significant transformation
of Air Force Special Operations since the introduction of the
helicopter. Nearly every mission we have faced in the last 20
years would have been done better and faster with the V 22.

Mr. Chairman, who are we, sitting here guarded and completely safe,
to not listen to the brave men and women and their commander and not
give them everything they need and request to keep them safe and give
them the tools to do their job?
I urge you to support the President's budget request and vote ``no''
on the amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Quigley).
The amendment was rejected.
The Acting CHAIR. The Committee will rise informally.
The Speaker pro tempore (Mrs. Hartzler) assumed the chair.

____________________