Amendment Text: H.Amdt.1104 — 112th Congress (2011-2012)

There is one version of the amendment.

Shown Here:
Amendment as Offered (05/17/2012)

This Amendment appears on page H3014-3015 in the following article from the Congressional Record.



[Pages H2847-H3022]
                              {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 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 PETERSB