IB Union Calendar No. 335 112th CONGRESS 2d Session H. R. 4310 [Report No. 112–479] IN THE HOUSE OF REPRESENTATIVES March 29, 2012 Mr. McKeon (for himself and Mr. Smith of Washington) (both by request): introduced the following bill; which was referred to the Committee on Armed Services May 11, 2012 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 29, 2012 A BILL 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.

1.

Short title

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

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. 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. 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. 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. 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. 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. 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. 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.

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.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

B

Military Construction Authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2013.

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.

2003.

Effective date

Titles XXI through XXVII and title XXIX shall take effect on the later of— (1)October 1, 2012; or (2)the date of the enactment of this Act.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1)be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (2)comply with other applicable provisions of law. (c)

Relationship to transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act. (e)

Oral and written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

Amend the title so as to read: A bill to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.. May 11, 2012 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed