Text: H.R.4310 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-239 (01/02/2013)




[112th Congress Public Law 239]
[From the U.S. Government Printing Office]



[[Page 1631]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013

[[Page 126 STAT. 1632]]

Public Law 112-239
112th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Jan. 2, 
                         2013 -  [H.R. 4310]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National Defense 
Authorization Act for Fiscal Year 2013.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2013''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into four divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Funding Tables.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

Sec. 121. Extension of Ford class aircraft carrier construction 
           authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine 
           program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class 
           destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class 
           aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as 
           a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages 
           of shipbuilding.

[[Page 126 STAT. 1633]]

Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence 
           requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 
           budget request for tactical aviation aircraft.

                     Subtitle D--Air Force Programs

Sec. 141. Reduction in number of aircraft required to be maintained in 
           strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as 
           major defense acquisition programs.

               Subtitle E--Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for V-22 joint aircraft 
           program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable 
           launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4 
           Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational 
           capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance, 
           and reconnaissance aircraft and unmanned aerial vehicles use 
           specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.

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

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Next-generation long-range strike bomber aircraft nuclear 
           certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned 
           Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities 
           for an Army medium range multi-purpose vertical takeoff and 
           landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics 
           Activity.
Sec. 216. Advanced rotorcraft initiative.

                  Subtitle C--Missile Defense Programs

Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense 
           program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets 
           between and within the DDG-51 class destroyer and Aegis 
           Ashore programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space 
           system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential 
           future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense 
           system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland 
           defense hedging policy and strategy report of the Secretary 
           of Defense.

                           Subtitle D--Reports

Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault 
           vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research 
           investments of the Air Force.

[[Page 126 STAT. 1634]]

Sec. 245. National Research Council review of defense science and 
           technical graduate education needs.

                        Subtitle E--Other Matters

Sec. 251. Eligibility for Department of Defense laboratories to enter 
           into educational partnerships with educational institutions 
           in territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of 
           training exercises for members of the Armed Forces.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                   Subtitle B--Energy and Environment

Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into 
           cooperative agreements with Indian tribes for land management 
           associated with military installations and State-owned 
           National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at 
           military installations and briefing regarding environmental 
           exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for 
           operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from 
           Defense Production Act of 1950 for biofuel refinery 
           construction.
Sec. 316. Sense of Congress on protection of Department of Defense 
           airfields, training airspace, and air training routes.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Expansion and reauthorization of multi-trades demonstration 
           project.
Sec. 322. Restoration and amendment of certain provisions relating to 
           depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.

                          Subtitle D--Readiness

Sec. 331. Intergovernmental support agreements with State and local 
           governments.
Sec. 332. Expansion and reauthorization of pilot program for 
           availability of working-capital funds for product 
           improvements.
Sec. 333. Department of Defense national strategic ports study and 
           Comptroller General studies and reports on strategic ports.

                           Subtitle E--Reports

Sec. 341. Annual report on Department of Defense long-term corrosion 
           strategy.
Sec. 342. Report on joint strategy for readiness and training in a 
           C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense 
           report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in 
           foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on 
           Department of Defense service contract inventory.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Repeal of redundant authority to ensure interoperability of 
           law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National 
           Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or 
           inactivation of Ticonderoga class cruisers or dock landing 
           ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial 
           objects without specific authorization in law.

    Subtitle G--National Commission on the Structure of the Air Force

Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.

[[Page 126 STAT. 1635]]

Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.

                        Subtitle H--Other Matters

Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and 
           packaging procedures for hazardous material shipments.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular 
           component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps 
           Security Guard Program.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early 
           retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include 
           all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for 
           Regular Navy warrant officers in the grade of Chief Warrant 
           Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of 
           active service as a commissioned officer required for 
           voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver 
           limitation for lieutenant colonels and colonels in the Army, 
           Air Force, and Marine Corps and commanders and captains in 
           the Navy.
Sec. 507. Modification to limitations on number of officers for whom 
           service-in-grade requirements may be reduced for retirement 
           in grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.

                Subtitle B--Reserve Component Management

Sec. 511. Codification of staff assistant positions for Joint Staff 
           related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National 
           Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist 
           members of reserve components who serve on active duty for 
           more than 180 consecutive days.

                 Subtitle C--General Service Authorities

Sec. 518. Authority for additional behavioral health professionals to 
           conduct pre-separation medical exams for post-traumatic 
           stress disorder.
Sec. 519. Diversity in the Armed Forces and related reporting 
           requirements.
Sec. 520. Limitation on reduction in number of military and civilian 
           personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover 
           for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career 
           flexibility to enhance retention of members of the Armed 
           Forces.

[[Page 126 STAT. 1636]]

Sec. 523. Prohibition on waiver for commissioning or enlistment in the 
           Armed Forces for any individual convicted of a felony sexual 
           offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical 
           Evaluation Boards, and Physical Evaluation Board Liaison 
           Officers.
Sec. 525. Reports on involuntary separation of members of the Armed 
           Forces.
Sec. 526. Report on feasibility of developing gender-neutral 
           occupational standards for military occupational specialties 
           currently closed to women.
Sec. 527. Report on education and training and promotion rates for 
           pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability 
           Evaluation System on readiness of Armed Forces to meet 
           mission requirements.

             Subtitle D--Military Justice and Legal Matters

Sec. 531. Clarification and enhancement of the role of Staff Judge 
           Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the 
           Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed 
           Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

Sec. 541. Transfer of Troops-to-Teachers Program from Department of 
           Education to Department of Defense and enhancements to the 
           Program.
Sec. 542. Support of Naval Academy athletic and physical fitness 
           programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of 
           civilian credentialing for military occupational specialty 
           skills.
Sec. 544. State consideration of military training in granting certain 
           State certifications and licenses as a condition on the 
           receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military 
           installations by representatives of institutions of higher 
           education.
Sec. 546. Report on Department of Defense efforts to standardize 
           educational transcripts issued to separating members of the 
           Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint 
           professional military education matters.

    Subtitle F--Reserve Officers' Training Corps and Related Matters

Sec. 551. Repeal of requirement for eligibility for in-State tuition of 
           at least 50 percent of participants in Senior Reserve 
           Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms, 
           tentage, and equipment to educational institutions not 
           maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of 
           units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps 
           programs.

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

Sec. 561. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are 
           carried during pregnancy at time of dependent-abuse offense 
           committed by an individual while a member of the Armed 
           Forces.
Sec. 565. Modification of authority to allow Department of Defense 
           domestic dependent elementary and secondary schools to enroll 
           certain students.
Sec. 566. Noncompetitive appointment authority regarding certain 
           military spouses.
Sec. 567. Report on future of family support programs of the Department 
           of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component 
           members who are victims of sexual assault while on active 
           duty.
Sec. 572. Additional elements in comprehensive Department of Defense 
           policy on sexual assault prevention and response.

[[Page 126 STAT. 1637]]

Sec. 573. Establishment of special victim capabilities within the 
           military departments to respond to allegations of certain 
           special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault 
           prevention and response.
Sec. 575. Modification of annual Department of Defense reporting 
           requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of 
           Military Justice and judicial proceedings of sexual assault 
           cases.
Sec. 577. Retention of certain forms in connection with Restricted 
           Reports on sexual assault at request of the member of the 
           Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in 
           separation of members of the Armed Forces making an 
           Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and 
           response to sexual harassment in the Armed Forces.

              Subtitle I--Suicide Prevention and Resilience

Sec. 580. Enhancement of oversight and management of Department of 
           Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of 
           the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.

                        Subtitle J--Other Matters

Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed 
           Forces Institute of Pathology under defense base closure and 
           realignment.
Sec. 586. Modification of requirement for reports in Federal Register on 
           institutions of higher education ineligible for contracts and 
           grants for denial of ROTC or military recruiter access to 
           campus.
Sec. 587. Acceptance of gifts and services related to educational 
           activities and voluntary services to account for missing 
           persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and 
           territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry 
           civilians to certain Department of Defense educational 
           institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral 
           and counseling services to veterans at risk of homelessness 
           who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of 
           Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with 
           respect to Port Mortuary Division of the Air Force Mortuary 
           Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for 
           Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment 
           Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps 
           should be designated as the National Song of Military 
           Remembrance.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates 
           of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one 
           member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing 
           active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in 
           Post-Deployment/Mobilization Respite Absence program due to 
           Government error.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.

[[Page 126 STAT. 1638]]

Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for 
           officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve 
           component members who convert military occupational specialty 
           to ease personnel shortages.

            Subtitle C--Travel and Transportation Allowances

Sec. 621. Permanent change of station allowances for members of Selected 
           Reserve units filling a vacancy in another unit after being 
           involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel 
           on Department of Defense aircraft.

    Subtitle D--Benefits and Services for Members Being Separated or 
                           Recently Separated

Sec. 631. Extension of authority to provide two years of commissary and 
           exchange benefits after separation.
Sec. 632. Transitional use of military family housing.

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

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan 
           premiums when participant waives retired pay to provide a 
           survivor annuity under Federal Employees Retirement System 
           and terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group 
           Life Insurance for members of the Armed Forces married to 
           other members.
Sec. 643. Clarification of computation of combat-related special 
           compensation for chapter 61 disability retirees.

Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 651. Repeal of certain recordkeeping and reporting requirements 
           applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and 
           Meditation Pavilion at Dover Air Force Base, Delaware, as a 
           Fisher House.

                      Subtitle G--Military Lending

Sec. 661. Additional enhancements of protections on consumer credit for 
           members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit 
           extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying 
           limitations on terms of consumer credit extended to certain 
           members of the Armed Forces and their dependents.

     Subtitle H--Military Compensation and Retirement Modernization 
                               Commission

Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.

                        Subtitle I--Other Matters

Sec. 681. Equal treatment for members of Coast Guard Reserve called to 
           active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process 
           transformation plan.

[[Page 126 STAT. 1639]]

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental 
           program for members of the Selected Reserve who are 
           involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform 
           formulary.
Sec. 703. Modification of requirements on mental health assessments for 
           members of the Armed Forces deployed in connection with a 
           contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of 
           rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the 
           TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts 
           on mental health in the National Guard and Reserves through 
           community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the 
           uniformed services.

                 Subtitle B--Health Care Administration

Sec. 711. Authority for automatic enrollment in TRICARE Prime of 
           dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the 
           TRICARE program.
Sec. 713. Clarification of applicability of certain authority and 
           requirements to subcontractors employed to provide health 
           care services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE 
           program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of 
           health engagements.
Sec. 716. Pilot program for refills of maintenance medications for 
           TRICARE for Life beneficiaries through the TRICARE mail-order 
           pharmacy program.

           Subtitle C--Mental Health Care and Veterans Matters

Sec. 723. Sharing between Department of Defense and Department of 
           Veterans Affairs of records and information retained under 
           the medical tracking system for members of the Armed Forces 
           deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support 
           counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the 
           Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing 
           counseling to certain members of the Armed Forces and their 
           family members.
Sec. 728. Organization of the Readjustment Counseling Service in the 
           Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental 
           health services on behalf of the Department of Veterans 
           Affairs without compensation from the Department.
Sec. 730. Peer support.

                  Subtitle D--Reports and Other Matters

Sec. 731. Plan for reform of the administration of the military health 
           system.
Sec. 732. Future availability of TRICARE Prime throughout the United 
           States.
Sec. 733. Extension of Comptroller General report on contract health 
           care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific 
           health services and treatment for female members of the Armed 
           Forces.
Sec. 735. Study on health care and related support for children of 
           members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods 
           for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed 
           Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition 
           programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the 
           Department of Defense on psychological health and traumatic 
           brain injury.

[[Page 126 STAT. 1640]]

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Treatment of procurements on behalf of the Department of 
           Defense through the Work for Others program of the Department 
           of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce 
           Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for 
           procurements on behalf of the Department of Defense by 
           certain nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain 
           risk.
Sec. 807. Sense of Congress on the continuing progress of the Department 
           of Defense in implementing its Item Unique Identification 
           Initiative.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for 
           the development or production of major defense acquisition 
           programs.
Sec. 813. Technical change regarding programs experiencing critical cost 
           growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated 
           before enactment of Milestone B certification and approval 
           process.

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

Sec. 821. Modification of time period for congressional notification of 
           the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management 
           and product support requirements.
Sec. 824. Codification of requirement relating to Government performance 
           of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and 
           subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform 
           components supplied to Afghan military or Afghan National 
           Police.
Sec. 827. Enhancement of whistleblower protections for contractor 
           employees.
Sec. 828. Pilot program for enhancement of contractor employee 
           whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery 
           order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of 
           price.
Sec. 832. Department of Defense access to, use of, and safeguards and 
           protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to 
           detection and avoidance of counterfeit electronic parts.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                               Operations

Sec. 841. Extension and expansion of authority to acquire products and 
           services produced in countries along a major route of supply 
           to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services 
           produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational 
           contract support.
Sec. 844. Data collection on contract support for future overseas 
           contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain 
           requirements for Department of Defense planning, joint 
           professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor 
           performance.
Sec. 847. Extension and modification of reports on contracting in Iraq 
           and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas 
           contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas 
           contingency operations in responsibilities of Chief 
           Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the 
           United States Agency for International Development for 
           contract support for overseas contingency operations.

[[Page 126 STAT. 1641]]

Sec. 851. Database on price trends of items and services under Federal 
           contracts.
Sec. 852. Information on corporate contractor performance and integrity 
           through the Federal Awardee Performance and Integrity 
           Information System.
Sec. 853. Inclusion of data on contractor performance in past 
           performance databases for executive agency source selection 
           decisions.

                        Subtitle E--Other Matters

Sec. 861. Requirements and limitations for suspension and debarment 
           officials of the Department of Defense, the Department of 
           State, and the United States Agency for International 
           Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor 
           employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts 
           under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining 
           bid protests in annual protest report by Comptroller General 
           to Congress.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for 
           Manufacturing and Industrial Base Policy and amendments to 
           Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid 
           acquisition.
Sec. 903. Designation of Department of Defense senior official for 
           enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant 
           Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the 
           environment'' and ``operational preparation of the 
           environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the 
           Department of Defense from the military departments and 
           Defense Agencies for defense business system investment 
           reviews.

                      Subtitle B--Space Activities

Sec. 911. Reports on integration of acquisition and capability delivery 
           schedules for segments of major satellite acquisition 
           programs and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space 
           activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch 
           capability of the United States.
Sec. 917. Report on counter space technology.

               Subtitle C--Intelligence-Related Activities

Sec. 921. Authority to provide geospatial intelligence support to 
           certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National 
           Defense Intelligence College to National Intelligence 
           University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.

                 Subtitle D--Cyberspace-Related Matters

Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the 
           Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the 
           Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical 
           data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data 
           analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of 
           Defense networks.
Sec. 939. Quarterly cyber operations briefings.

[[Page 126 STAT. 1642]]

Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks 
           and information systems of certain contractors.

                        Subtitle E--Other Matters

Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of 
           Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint 
           Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of 
           costs of activities for nongovernmental personnel at 
           Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and 
           service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring 
           following completion of National Security Education Program 
           scholarship.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded 
           priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security 
           Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of 
           budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of 
           Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting 
           requirements, thresholds, and statutory and regulatory 
           requirements resulting from unqualified audit opinion of 
           Department of Defense financial statements.

                   Subtitle B--Counter-Drug Activities

Sec. 1008. Extension of the authority to establish and operate National 
           Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and 
           Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and 
           counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide 
           support to law enforcement agencies conducting counter-
           terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of 
           support for counter-drug activities to certain foreign 
           governments.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1013. Policy relating to major combatant vessels of the strike 
           forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval 
           vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017.  Sense of Congress on recapitalization for the Navy and Coast 
           Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval 
           vessels.

                      Subtitle D--Counterterrorism

Sec. 1021. Extension of authority to make rewards for combating 
           terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities 
           in the United States to house detainees transferred from 
           United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States 
           Naval Station, Guantanamo Bay, Cuba, who have been 
           transferred to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of 
           individuals captured outside Afghanistan pursuant to the 
           Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals 
           detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the 
           Detention Facility at Parwan, Afghanistan.

[[Page 126 STAT. 1643]]

Sec. 1027. Prohibition on the use of funds for the transfer or release 
           of individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of 
           detainees at United States Naval Station, Guantanamo Bay, 
           Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.

                       Subtitle E--Nuclear Forces

Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization 
           of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile 
           reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other 
           countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended 
           deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United 
           States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear 
           Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the 
           National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic 
           delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic 
           missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for 
           certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces 
           against certain tunnel sites and on nuclear weapons program 
           of the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western 
           Pacific region.

          Subtitle F--Miscellaneous Authorities and Limitations

Sec. 1051. Expansion of authority of the Secretary of the Army to loan 
           or donate excess non-automatic service rifles for funeral and 
           other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected 
           vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense 
           nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees 
           to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft 
           supporting the Blue Devil intelligence, surveillance, and 
           reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on 
           the individual right to lawfully acquire, possess, own, 
           carry, and otherwise use privately owned firearms, 
           ammunition, and other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift 
           aircraft for general support and time sensitive/mission 
           critical direct support airlift missions of the Department of 
           Defense.

                     Subtitle G--Studies and Reports

Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology 
           relating to weapons of mass destruction and the threat posed 
           by weapons of mass destruction, ballistic missiles, and 
           cruise missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval 
           Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United 
           States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation 
           capabilities to support the maturation of hypersonic 
           technologies for future defense systems development.

[[Page 126 STAT. 1644]]

                        Subtitle H--Other Matters

Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 
           20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of 
           classified information.
Sec. 1081. Technical amendments to repeal statutory references to United 
           States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are 
           graduates of United States educational institutions with 
           advanced degrees in science, technology, engineering, and 
           mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of 
           title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire 
           suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the 
           Federal Government.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific 
           and technical personnel at the Defense Advanced Research 
           Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions 
           for certain Federal acquisition positions for civilian 
           agencies.
Sec. 1104. One-year extension of discretionary authority to grant 
           allowances, benefits, and gratuities to personnel on official 
           duty in a combat zone.
Sec. 1105. Policy on senior mentors.
Sec. 1106. Authority to pay for the transport of family household pets 
           for Federal employees during certain evacuation operations.
Sec. 1107. Interagency personnel rotations.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Modification and extension of authorities relating to program 
           to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of 
           defense personnel between the United States and foreign 
           countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism 
           forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program 
           pending compliance with certain program-related requirements.

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

Sec. 1211. Authority to support operations and activities of the Office 
           of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on 
           the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and 
           stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security 
           Forces.
Sec. 1216. Extension and modification of logistical support for 
           coalition forces supporting certain United States military 
           operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for 
           reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program 
           to develop and carry out infrastructure projects in 
           Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for 
           Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense 
           services to the military and security forces of Afghanistan.

[[Page 126 STAT. 1645]]

Sec. 1223. Report on efforts to promote the security of Afghan women and 
           girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic 
           Partnership Agreement between the United States and 
           Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement 
           with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military 
           and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of 
           certain coalition nations for support provided to United 
           States military operations.
Sec. 1228. Extension and modification of Pakistan Counterinsurgency 
           Fund.

                  Subtitle C--Matters Relating to Iran

Sec. 1231. Report on United States capabilities in relation to China, 
           North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council 
           members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.

                       Subtitle D--Iran Sanctions

Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by 
           Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping, 
           and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or 
           transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of 
           underwriting services or insurance or reinsurance for 
           activities or persons with respect to which sanctions have 
           been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial 
           institutions that facilitate financial transactions on behalf 
           of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic 
           of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in 
           the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances 
           preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist 
           acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels 
           and use of foreign airports by sanctioned Iranian air 
           carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.

                Subtitle E--Satellites and Related Items

Sec. 1261. Removal of satellites and related items from the United 
           States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain 
           satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of 
           certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the 
           United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.

                        Subtitle F--Other Matters

Sec. 1271. Additional elements in annual report on military and security 
           developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in 
           connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and 
           Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on 
           multilateral exchange of air transportation and air refueling 
           services.

[[Page 126 STAT. 1646]]

Sec. 1277. Prohibition on use of funds to enter into contracts or 
           agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense 
           system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the 
           Russian Federation on nuclear arms, missile defense systems, 
           and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph 
           Kony from the battlefield and end the atrocities of the 
           Lord's Resistance Army.
Sec. 1284. Imposition of sanctions with respect to support for the rebel 
           group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of 
           defense articles for sale or transfer to eligible foreign 
           countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.

                           Subtitle G--Reports

Sec. 1291. Review and reports on Department of Defense efforts to build 
           the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments 
           involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States 
           military installations and United States Armed Forces 
           deployed in country.
Sec. 1294. Report on military activities to deny or significantly 
           degrade the use of air power against civilian and opposition 
           groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and 
           funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.
Sec. 1413. Release of materials needed for national defense purposes 
           from the Strategic and Critical Materials Stockpile.

              Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Supplemental chemical agent and munitions destruction 
           technologies at Pueblo Chemical Depot, Colorado, and Blue 
           Grass Army Depot, Kentucky.

                        Subtitle D--Other Matters

Sec. 1431. Reduction of unobligated balances within the Pentagon 
           Reservation Maintenance Revolving Fund.
Sec. 1432. Authority for transfer of funds to Joint Department of 
           Defense-Department of Veterans Affairs Medical Facility 
           Demonstration Fund for Captain James A. Lovell Health Care 
           Center, Illinois.
Sec. 1433. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1434. Cemeterial expenses.
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.

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

         Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.
Sec. 1502. Procurement.

[[Page 126 STAT. 1647]]

Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.

                      Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                Subtitle C--Limitations and Other Matters

Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related 
           requirements of Task Force for Business and Stability 
           Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special 
           Operations Command from supplemental funding for overseas 
           contingency operations to recurring funding under the future-
           years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training 
           and intelligence activities of the Joint Improvised Explosive 
           Device Defeat Organization and national and military 
           intelligence Organizations.

                   TITLE XVI--INDUSTRIAL BASE MATTERS

               Subtitle A--Defense Industrial Base Matters

Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and 
           industrial base.

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

Sec. 1611. Role of the directors of small business programs in 
           acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting 
           performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the 
           Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses 
           of Commercialization Readiness Program of Department of 
           Defense.

         Subtitle C--Matters Relating to Small Business Concerns

               Part I--Procurement Center Representatives

Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.

   Part II--Goals for Procurement Contracts Awarded to Small Business 
                                Concerns

Sec. 1631. Goals for procurement contracts awarded to small business 
           concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small 
           business concerns.
Sec. 1633. Senior executives.

                    Part III--Mentor-Protege Programs

Sec. 1641. Mentor-Protege programs.

                 Part IV--Transparency in Subcontracting

Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.

              Part V--Small Business Concern Size Standards

Sec. 1661. Small business concern size standards.

                       Part VI--Contract Bundling

Sec. 1671. Contract bundling.

[[Page 126 STAT. 1648]]

                 Part VII--Increased Penalties for Fraud

Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or 
           debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small 
           Business Administration.

      Part VIII--Offices of Small and Disadvantaged Business Units

Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.

                         Part IX--Other Matters

Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions; 
           Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled 
           by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1699a. State Trade and Export Promotion Grant Program.

        TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING

Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1705. Notification to inspectors general and cooperation with 
           Government.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting 
           to include attempted fraud and work outside the United 
           States.
Sec. 1707. Improving Department of Defense accountability for reporting 
           trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.

           TITLE XVIII--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS

                 Subtitle A--Fire Grants Reauthorization

Sec. 1801. Short title.
Sec. 1802. Amendments to definitions.
Sec. 1803. Assistance to firefighters grants.
Sec. 1804. Staffing for adequate fire and emergency response.
Sec. 1805. Sense of Congress on value and funding of Assistance to 
           Firefighters and Staffing for Adequate Fire and Emergency 
           Response programs.
Sec. 1806. Report on amendments to Assistance to Firefighters and 
           Staffing for Adequate Fire and Emergency Response programs.
Sec. 1807. Studies and reports on the state of fire services.

    Subtitle B--Reauthorization of United States Fire Administration

Sec. 1811. Short title.
Sec. 1812. Clarification of relationship between United States Fire 
           Administration and Federal Emergency Management Agency.
Sec. 1813. Modification of authority of Administrator to educate public 
           about fire and fire prevention.
Sec. 1814. Authorization of appropriations.
Sec. 1815. Removal of limitation.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year 
           2010 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2009 
           projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2010 
           projects.
Sec. 2107. Extension of limitation on obligation or expenditure of funds 
           for tour normalization.
Sec. 2108. Limitation on project authorization to carry out certain 
           fiscal year 2013 project.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.

[[Page 126 STAT. 1649]]

Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
           2012 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009 
           projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2010 
           projects.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2010 
           projects.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
           2012 projects.
Sec. 2405. Extension of authorization of certain fiscal year 2010 
           project.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization 
           construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year 
           1997 project.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

 Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition project.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

                        Subtitle B--Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 
           2010 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year 
           2011 projects.
Sec. 2613. Extension of authorization of certain fiscal year 2009 
           project.
Sec. 2614. Extension of authorization of certain fiscal year 2010 
           projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

               Subtitle A--Authorization of Appropriations

Sec. 2701. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account 1990.
Sec. 2702. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account 2005.

                        Subtitle B--Other Matters

Sec. 2711. Consolidation of Department of Defense base closure accounts 
           and authorized uses of base closure account funds.
Sec. 2712. Revised base closure and realignment restrictions and 
           Comptroller General assessment of Department of Defense 
           compliance with codified base closure and realignment 
           restrictions.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Authorized cost and scope variations.

[[Page 126 STAT. 1650]]

Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing 
           privatization projects and related annual reporting 
           requirements.
Sec. 2804. Extension of temporary, limited authority to use operation 
           and maintenance funds for construction projects in certain 
           areas outside the United States.
Sec. 2805. Comptroller General report on in-kind payments.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of parties with whom Department of Defense may 
           conduct exchanges of real property at certain military 
           installations.
Sec. 2812. Identification requirements for access to military 
           installations.
Sec. 2813. Report on property disposals at certain closed military 
           installations and additional authorities to assist local 
           communities in the vicinity of such installations.
Sec. 2814. Report on reorganization of Air Force Materiel Command 
           organizations.

                       Subtitle C--Energy Security

Sec. 2821. Congressional notification for contracts for the provision 
           and operation of energy production facilities authorized to 
           be located on real property under the jurisdiction of a 
           military department.
Sec. 2822. Availability and use of Department of Defense energy cost 
           savings to promote energy security.
Sec. 2823. Continuation of limitation on use of funds for Leadership in 
           Energy and Environmental Design (LEED) gold or platinum 
           certification.
Sec. 2824. Guidance on financing for renewable energy projects.
Sec. 2825. Energy savings performance contract report.

   Subtitle D--Provisions Related to Asia-Pacific Military Realignment

Sec. 2831. Certification of military readiness need for a Live Fire 
           Training Range Complex on Guam as condition on establishment 
           of range complex.
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.

                      Subtitle E--Land Conveyances

Sec. 2841. Modification of authorized consideration, Broadway Complex of 
           the Department of the Navy, San Diego, California.
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, 
           Florida.
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, 
           Ohio.
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.
Sec. 2845. Modification of land conveyance, Fort Hood, Texas.
Sec. 2846. Land conveyance, Local Training Area for Browning Army 
           Reserve Center, Utah.

                        Subtitle F--Other Matters

Sec. 2851. Modification of notice requirements in advance of permanent 
           reduction of sizable numbers of members of the Armed Forces 
           at military installations.
Sec. 2852. Acceptance of gifts and services to support military museum 
           programs and use of cooperative agreements with nonprofit 
           entities for military museum and military educational 
           institution programs.
Sec. 2853. Additional exemptions from certain requirements applicable to 
           funding for data servers and centers.
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies 
           as the William J. Perry Center for Hemispheric Defense 
           Studies.
Sec. 2855. Sense of Congress regarding establishment of military divers 
           memorial at Washington Navy Yard.
Sec. 2856. Limitation on availability of funds pending report regarding 
           acquisition of land and development of a training range 
           facility adjacent to the Marine Corps Air Ground Combat 
           Center Twentynine Palms, California.
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas 
           containing the remains of members of the Armed Forces or 
           citizens of the United States.
Sec. 2858. Report on establishment of joint Armed Forces historical 
           storage and preservation facility.
Sec. 2859. Establishment of commemorative work to Gold Star Mothers.
Sec. 2860. Establishment of commemorative work to slaves and free Black 
           persons who served in American Revolution.

    TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

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

[[Page 126 STAT. 1651]]

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Authorized personnel levels of the Office of the 
           Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research 
           Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
           usable plutonium at Savannah River Site, Aiken, South 
           Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the 
           National Nuclear Security Administration leading to award 
           fees.
Sec. 3118. Modification and extension of authority on acceptance of 
           contributions for acceleration of removal or security of 
           fissile materials, radiological materials, and related 
           equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence 
           on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations 
           of the Department of Energy and National Nuclear Security 
           Administration.
Sec. 3121. Cost-benefit analyses for competition of management and 
           operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement 
           Project.

        Subtitle C--Improvements to National Security Energy Laws

Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration 
           Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear 
           stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.

                           Subtitle D--Reports

Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear 
           incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for 
           atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design 
           competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security 
           laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the 
           National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.

                        Subtitle E--Other Matters

Sec. 3161. Use of probabilistic risk assessment to ensure nuclear 
           safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and 
           independent cost estimates on life extension programs and new 
           nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security, 
           and reliability of United States nuclear weapons stockpile 
           and nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear 
           security enterprise.

            Subtitle F--American Medical Isotopes Production

Sec. 3171. Short title.

[[Page 126 STAT. 1652]]

Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects 
           of the merchant marine for fiscal year 2013.
Sec. 3502. Application of the Federal Acquisition Regulation.
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those 
           over 1,500 gross tons.
Sec. 3504. Donation of excess fuel to maritime academies.
Sec. 3505. Clarification of heading.
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3507. Amendments relating to the National Defense Reserve Fleet.
Sec. 3508. Extension of Maritime Security Fleet program.
Sec. 3509. Container-on-barge transportation.
Sec. 3510. Short sea transportation.
Sec. 3511. Maritime environmental and technical assistance.
Sec. 3512. Identification of actions to enable qualified United States 
           flag capacity to meet national defense requirements.
Sec. 3513. Maritime workforce study.
Sec. 3514. Maritime administration vessel recycling contract award 
           practices.
Sec. 3515. Requirement for barge design.
Sec. 3516. Eligibility to receive surplus training equipment.
Sec. 3517. Coordination with other laws.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

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

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas 
           contingency operations.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency 
           operations.

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy National Security programs.

SEC. 3. <<NOTE: 10 USC 101 note.>>  CONGRESSIONAL DEFENSE 
                    COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

[[Page 126 STAT. 1653]]

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

Sec. 121. Extension of Ford class aircraft carrier construction 
           authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine 
           program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class 
           destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class 
           aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as 
           a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages 
           of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence 
           requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 
           budget request for tactical aviation aircraft.

                     Subtitle D--Air Force Programs

Sec. 141. Reduction in number of aircraft required to be maintained in 
           strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as 
           major defense acquisition programs.

               Subtitle E--Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for V-22 joint aircraft 
           program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable 
           launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4 
           Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational 
           capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance, 
           and reconnaissance aircraft and unmanned aerial vehicles use 
           specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.

               Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

     Funds are hereby authorized to be appropriated for fiscal year 2013 
for procurement for the Army, the Navy and the Marine Corps, the Air 
Force, and Defense-wide activities, as specified in the funding table in 
section 4101.

[[Page 126 STAT. 1654]]

                        Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH-47 
                        HELICOPTERS.

    (a) Authority for Multiyear Procurement.--Subject to section 2306b 
of title 10, United States Code, the Secretary of the Army may enter 
into one or more multiyear contracts, beginning with the fiscal year 
2013 program year, for the procurement of airframes for CH-47F 
helicopters.
    (b) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2013 is subject to the availability of appropriations 
for that purpose for such later fiscal year.
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY.

    (a) Reports.--
            (1) Initial report.--Not later than March 31, 2013, the 
        Secretary of the Army shall submit to the congressional defense 
        committees a report described in paragraph (3).
            (2) Annual reports.--Not later than October 31, 2013, and 
        each year thereafter through 2017, the Secretary shall submit to 
        the congressional defense committees a report described in 
        paragraph (3).
            (3) Report described.--A report described in this paragraph 
        is a report on the time-sensitive or mission-critical airlift 
        requirements of the Army.

    (b) Matters Included.--The reports submitted under subsection (a) 
shall include, with respect to the fiscal year before the fiscal year in 
which the report is submitted, the following information:
            (1) The total number of time-sensitive or mission-critical 
        airlift movements required for training, steady-state, and 
        contingency operations.
            (2) The total number of time-sensitive or mission-critical 
        airlift sorties executed for training, steady-state, and 
        contingency operations.
            (3) Of the total number of sorties listed under paragraph 
        (2), the number of such sorties that were operated using each 
        of--
                    (A) aircraft of the Army;
                    (B) aircraft of the Air Force;
                    (C) aircraft of contractors; and
                    (D) aircraft of other organizations not described in 
                subparagraph (A), (B), or (C).
            (4) For each sortie described under subparagraph (A), (C), 
        or (D) of paragraph (3), an explanation for why the Secretary 
        did not use aircraft of the Air Force to support the mission.

                        Subtitle C--Navy Programs

SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER CONSTRUCTION 
                        AUTHORITY.

    Section 121(a) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104),

[[Page 126 STAT. 1655]]

as amended by section 124 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1320), is amended by 
striking ``four fiscal years'' and inserting ``five fiscal years''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS 
                        SUBMARINE PROGRAM.

    (a) Authority for Multiyear Procurement.--Subject to section 2306b 
of title 10, United States Code, the Secretary of the Navy may enter 
into one or more multiyear contracts, beginning with the fiscal year 
2014 program year, for the procurement of Virginia class submarines and 
Government-furnished equipment associated with the Virginia class 
submarine program.
    (b) Authority for Advance Procurement.--The Secretary may enter into 
one or more contracts, beginning in fiscal year 2013, for advance 
procurement associated with the vessels and equipment for which 
authorization to enter into a multiyear procurement contract is provided 
under subsection (a).
    (c) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2013 is subject to the availability of appropriations 
or funds for that purpose for such later fiscal year.
    (d) Limitation on Termination Liability.--A contract for the 
construction of vessels or equipment entered into in accordance with 
subsection (a) shall include a clause that limits the liability of the 
United States to the contractor for any termination of the contract. The 
maximum liability of the United States under the clause shall be the 
amount appropriated for the vessels or equipment covered by the 
contract. Additionally, in the event of cancellation, the maximum 
liability of the United States shall include the amount of the unfunded 
cancellation ceiling in the contract.
    (e) Authority to Expand Multiyear Procurement.--The Secretary may 
employ incremental funding for the procurement of Virginia class 
submarines and Government-furnished equipment associated with the 
Virginia class submarines to be procured during fiscal years 2013 
through 2018 if the Secretary--
            (1) <<NOTE: Determination.>>  determines that such an 
        approach will permit the Navy to procure an additional Virginia 
        class submarine in fiscal year 2014; and
            (2) intends to use the funding for that purpose.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS 
                        DESTROYERS AND ASSOCIATED SYSTEMS.

    (a) Authority for Multiyear Procurement.--Subject to section 2306b 
of title 10, United States Code, the Secretary of the Navy may enter 
into one or more multiyear contracts, beginning with the fiscal year 
2013 program year, for the procurement of up to 10 Arleigh Burke class 
Flight IIA guided missile destroyers, as well as the Aegis weapon 
systems, MK 41 vertical launching systems, and commercial broadband 
satellite systems associated with such vessels.
    (b) Authority for Advance Procurement.--The Secretary may enter into 
one or more contracts, beginning in fiscal year 2013, for advance 
procurement associated with the vessels and systems for which 
authorization to enter into a multiyear procurement contract is provided 
under subsection (a).

[[Page 126 STAT. 1656]]

    (c) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2013 is subject to the availability of appropriations 
or funds for that purpose for such later fiscal year.
SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND FORD 
                        CLASS AIRCRAFT CARRIER.

    (a) <<NOTE: Reports.>>  Limitation.--Of the funds authorized to be 
appropriated or otherwise made available for fiscal year 2013 for 
shipbuilding and conversion for the second Ford class aircraft carrier, 
not more than 50 percent may be obligated or expended until the 
Secretary of the Navy submits to the congressional defense committees a 
report setting forth a description of the program management and cost 
control measures that will be employed in constructing the second Ford 
class aircraft carrier.

    (b) <<NOTE: Plans.>>  Elements.--The report described in subsection 
(a) shall include a plan with respect to the Ford class aircraft 
carriers to--
            (1) maximize planned work in shops and early stages of 
        construction;
            (2) sequence construction of structural units to maximize 
        the effects of lessons learned;
            (3) incorporate design changes to improve producibility for 
        the Ford class aircraft carriers;
            (4) increase the size of erection units to eliminate 
        disruptive unit breaks and improve unit alignment and fairness;
            (5) increase outfitting levels for assembled units before 
        erection in the dry dock;
            (6) increase overall ship completion levels at each key 
        construction event;
            (7) improve facilities in a manner that will lead to 
        improved productivity; and
            (8) ensure the shipbuilder initiates plans that will improve 
        productivity through capital improvements that would provide 
        targeted return on investment, including--
                    (A) increasing the amount of temporary and permanent 
                covered work areas;
                    (B) adding ramps and service towers for improved 
                access to work sites and the dry dock; and
                    (C) increasing lift capacity to enable construction 
                of larger, more fully outfitted super-lifts.
SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. ABRAHAM 
                        LINCOLN.

    (a) Amount Authorized From SCN Account.--Of the funds authorized to 
be appropriated for fiscal year 2013 by section 101 and available for 
shipbuilding and conversion as specified in the funding table in section 
4101, $1,517,292,000 is authorized to be available for the commencement 
of the nuclear refueling and complex overhaul of the U.S.S. Abraham 
Lincoln (CVN-72) during fiscal year 2013. The amount authorized to be 
made available in the preceding sentence is the first increment in the 
two-year sequence of incremental funding planned for the nuclear 
refueling and complex overhaul of that vessel.

[[Page 126 STAT. 1657]]

    (b) Contract Authority.--The Secretary of the Navy may enter into a 
contract during fiscal year 2013 for the nuclear refueling and complex 
overhaul of the U.S.S. Abraham Lincoln.
    (c) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (b) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2013 is subject to the availability of appropriations 
for that purpose for that later fiscal year.
SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL COMBAT 
                        SHIP AS A MAJOR DEFENSE ACQUISITION 
                        PROGRAM.

    (a) Designation Required.--The Secretary of Defense shall--
            (1) designate the effort to develop and produce all variants 
        of the mission modules in support of the Littoral Combat Ship 
        program as a major defense acquisition program under section 
        2430 of title 10, United States Code; and
            (2) with respect to the development and production of each 
        such variant, submit to the congressional defense committees a 
        report setting forth such cost, schedule, and performance 
        information as would be provided if such effort were a major 
        defense acquisition program, including Selected Acquisition 
        Reports, unit cost reports, and program baselines.

    (b) Additional Quarterly Reports.--The Secretary shall submit to the 
congressional defense committees on a quarterly basis a report on the 
development and production of each variant of the mission modules in 
support of the Littoral Combat Ship, including cost, schedule, and 
performance, and identifying actual and potential problems with such 
development or production and potential mitigation plans to address such 
problems.
SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS.

    Not later than December 31, 2013, the Secretary of the Navy shall 
submit to the congressional defense committees a report on the designs 
of the Littoral Combat Ship, including comparative cost and performance 
information for both designs of such ship.
SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT SHIP 
                        PROGRAM.

    (a) Acceptance of LCS-1 and LCS-2.--The Comptroller General of the 
United States shall conduct a review of the compliance of the Secretary 
of the Navy with subpart 246.5 of title 48 of the Code of Federal 
Regulations and subpart 46.5 of the Federal Acquisition Regulation in 
accepting the LCS-1 and LCS-2 Littoral Combat Ships.
    (b) <<NOTE: Deadline. Reports.>>  Operational Support.--Not later 
than 180 days after the date of the enactment of this Act, the 
Comptroller General shall submit to the congressional defense committees 
a report on the operational support and sustainment strategy for the 
Littoral Combat Ship program, including manning, training, maintenance, 
and logistics support.

    (c) Cooperation.--For purposes of conducting the review under 
subsection (a) and the report under subsection (b), the Secretary of 
Defense shall ensure that the Comptroller General has access to--
            (1) all relevant records of the Department; and
            (2) all relevant communications between Department 
        officials, whether such communications occurred inside or 
        outside the Federal Government.

[[Page 126 STAT. 1658]]

SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING IN EARLY 
                        STAGES OF SHIPBUILDING.

    It is the sense of Congress that--
            (1) placing a priority on engineering dollars in the early 
        stages of shipbuilding programs is a vital component of keeping 
        cost down; and
            (2) therefore, the Secretary of the Navy should take 
        appropriate steps to prioritize early engineering in large ship 
        construction including amphibious class ships beginning with the 
        LHA-8.
SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC 
                        SUBMARINES.

    It is the sense of Congress that--
            (1) the continuous at-sea deterrence provided by a robust 
        and modern fleet of nuclear-powered ballistic missile submarines 
        is critical to maintaining nuclear deterrence and assurance and 
        therefore is a central pillar of the national security of the 
        United States;
            (2) the Navy should--
                    (A) carry out a program to replace the Ohio class 
                ballistic missile submarines;
                    (B) ensure that the first such replacement submarine 
                is delivered and fully operational by not later than 
                2031 in order to maintain continuous at-sea deterrence; 
                and
                    (C) develop a risk mitigation plan to ensure that 
                robust continuous at-sea deterrence is provided during 
                the transition from Ohio class ballistic missile 
                submarines to the replacement submarines; and
            (3) a minimum of 12 replacement ballistic missile submarines 
        are necessary to provide continuous at-sea deterrence over the 
        lifetime of such submarines and, therefore, the Navy should 
        carry out a program to produce 12 such submarines.
SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT AND 
                        PRESENCE REQUIREMENTS.

    (a) Findings.--Congress finds the following:
            (1) The Marine Corps is a combat force that leverages 
        maneuver from the sea as a force multiplier allowing for a 
        variety of operational tasks ranging from major combat 
        operations to humanitarian assistance.
            (2) The Marine Corps is unique in that, while embarked upon 
        naval vessels, they bring all the logistic support necessary for 
        the full range of military operations and, operating ``from the 
        sea'', they require no third-party host nation permission to 
        conduct military operations.
            (3) The Navy has a requirement for 38 amphibious assault 
        ships to meet this full range of military operations.
            (4) Due only to fiscal constraints, that requirement of 38 
        vessels was reduced to 33 vessels, which adds military risk to 
        future operations.
            (5) The Navy has been unable to meet even the minimal 
        requirement of 30 operationally available vessels and has 
        submitted a shipbuilding and ship retirement plan to Congress 
        that will reduce the force to 28 vessels.

[[Page 126 STAT. 1659]]

            (6) Experience has shown that early engineering and design 
        of naval vessels has significantly reduced the acquisition costs 
        and life-cycle costs of those vessels.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense should carefully evaluate the 
        maritime force structure necessary to execute demand for forces 
        by the commanders of the combatant commands;
            (2) the Navy should carefully evaluate amphibious lift 
        capabilities to meet current and projected requirements;
            (3) the Navy should consider prioritization of investment in 
        and procurement of the next generation of amphibious assault 
        ships as a component of the balanced battle force;
            (4) the next generation amphibious assault ships should 
        maintain survivability protection;
            (5) operation and maintenance requirements analysis, as well 
        as the potential to leverage a common hull form design, should 
        be considered to reduce total ownership cost and acquisition 
        cost; and
            (6) maintaining a robust amphibious ship building industrial 
        base is vital for the future of the national security of the 
        United States.
SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY FISCAL 
                        YEAR 2014 BUDGET REQUEST FOR TACTICAL 
                        AVIATION AIRCRAFT.

    It is the sense of the Senate that, if the budget request of the 
Department of the Navy for fiscal year 2014 for F-18 aircraft includes a 
request for funds for more than 13 new F-18 aircraft, the budget request 
of the Department of the Navy for fiscal year 2014 for F-35 aircraft 
should include a request for funds for not fewer than six F-35B aircraft 
and four F-35C aircraft, presuming that development, testing, and 
production of the F-35 aircraft are proceeding according to current 
plans.

                     Subtitle D--Air Force Programs

SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED TO BE 
                        MAINTAINED IN STRATEGIC AIRLIFT AIRCRAFT 
                        INVENTORY.

    (a) Reduction in Inventory Requirement.--Section 8062(g)(1) of title 
10, United States Code, is amended by adding at the end the following 
new sentence: <<NOTE: Effective date.>>  ``Effective on the date that is 
45 days after the date on which the report under section 141(c)(3) of 
the National Defense Authorization Act for Fiscal Year 2013 is submitted 
to the congressional defense committees, the Secretary shall maintain a 
total aircraft inventory of strategic airlift aircraft of not less than 
275 aircraft.''.

    (b) Modification of Certification Requirement.--Section 137(d)(3)(B) 
of the National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 123 Stat. 2221) is amended by striking ``316 strategic 
airlift aircraft'' and inserting ``275 strategic airlift aircraft''.
    (c) Mobility Requirements and Capabilities Study 2018.--
            (1) In general.--The Director of Cost Assessment and Program 
        Evaluation and the Chairman of the Joint Chiefs of Staff, in 
        coordination with the Commander of the United

[[Page 126 STAT. 1660]]

        States Transportation Command and the Secretaries of the 
        military departments, shall jointly conduct a study that 
        assesses the end-to-end, full-spectrum mobility requirements for 
        all aspects of the National Military Strategy derived from the 
        National Defense Strategy that is a result of the 2012 Defense 
        Strategic Guidance published by the President in February 2012 
        and other planning documents of the Department of Defense.
            (2) Matters included.--The study under paragraph (1) shall 
        include the following:
                    (A) A definition of what combinations of air 
                mobility, sealift, surface movements, prepositioning, 
                forward stationing, seabasing, engineering, and 
                infrastructure requirements and capabilities provide 
                low, moderate, significant and high levels of 
                operational risk to meet the National Military Strategy.
                    (B) A description and analysis of the assumptions 
                made by the Commander of the United States 
                Transportation Command with respect to aircraft usage 
                rates, aircraft mission availability rates, aircraft 
                mission capability rates, aircrew ratios, aircrew 
                production, and aircrew readiness rates.
                    (C) An analysis of different combinations of air 
                mobility, sealift, surface movements, prepositioning, 
                forward stationing, seabasing, engineering, and 
                infrastructure requirements and capabilities required to 
                support theater and tactical deployment and 
                distribution, including--
                          (i) the identification, quantification, and 
                      description of the associated operational risk (as 
                      defined by the Military Risk Matrix in the 
                      Chairman of the Joint Chiefs of Staff Instruction 
                      3401.01E) for each excursion as it relates to the 
                      combatant commander achieving strategic and 
                      operational objectives; and
                          (ii) any assumptions made with respect to the 
                      availability of commercial airlift and sealift 
                      capabilities and resources when applicable.
                    (D) A consideration of metrics developed during the 
                most recent operational availability assessment and 
                joint forcible entry operations assessment.
                    (E) An assessment of requirements and capabilities 
                for major combat operations, lesser contingency 
                operations as specified in the Baseline Security Posture 
                of the Department of Defense, homeland defense, defense 
                support to civilian authorities, other strategic 
                missions related to national missions, global strike, 
                the strategic nuclear mission, and direct support and 
                time-sensitive airlift missions of the military 
                departments.
                    (F) An examination, including a discussion of the 
                sensitivity of any related conclusions and assumptions, 
                of the variations regarding alternative modes (land, 
                air, and sea) and sources (military, civilian, and 
                foreign) of strategic and theater lift, and variations 
                in forward basing, seabasing, prepositioning (afloat and 
                ashore), air-refueling capability, advanced logistics 
                concepts, and destination theater austerity, based on 
                the new global footprint and global presence 
                initiatives.

[[Page 126 STAT. 1661]]

                    (G) An identification of mobility capability gaps, 
                shortfalls, overlaps, or excesses, including--
                          (i) an assessment of associated risks with 
                      respect to the ability to conduct operations; and
                          (ii) recommended mitigation strategies where 
                      possible.
                    (H) An identification of mobility capability 
                alternatives that mitigate the potential impacts on the 
                logistic system, including--
                          (i) a consideration of traditional, non-
                      traditional, irregular, catastrophic, and 
                      disruptive challenges; and
                          (ii) a description of how derived mobility 
                      requirements and capabilities support the accepted 
                      balance of risk in addressing all five categories 
                      of such challenges.
                    (I) The articulation of all key assumptions made in 
                conducting the study with respect to--
                          (i) risk;
                          (ii) programmed forces and infrastructure;
                          (iii) readiness, manning, and spares;
                          (iv) scenario guidance from defense planning 
                      scenarios and multi-service force deployments;
                          (v) concurrency of major operations;
                          (vi) integrated global presence and basing 
                      strategy;
                          (vii) host nation or third-country support;
                          (viii) use of weapons of mass destruction by 
                      an enemy; and
                          (ix) aircraft being used for training or 
                      undergoing depot maintenance or modernization.
                    (J) A description of the logistics concept of 
                operations and assumptions, including any support 
                concepts, methods, combat support forces, and combat 
                service support forces that are required to enable the 
                projection and enduring support to forces both deployed 
                and in combat for each analytic scenario.
                    (K) An assessment, and incorporation as necessary, 
                of the findings, conclusions, capability gaps, and 
                shortfalls derived from the study under section 112(d) 
                of the National Defense Authorization Act for Fiscal 
                Year 2012 (Public Law 112-81; 125 Stat. 1318).
            (3) <<NOTE: Reports.>>  Submission.--The Director of Cost 
        Assessment and Program Evaluation and the Chairman of the Joint 
        Chiefs of Staff shall jointly submit to the congressional 
        defense committees a report containing the study under paragraph 
        (1).
            (4) Form.--The report required by paragraph (3) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (d) Preservation of Certain Retired C-5 Aircraft.--The Secretary of 
the Air Force shall preserve each C-5 aircraft that is retired by the 
Secretary during a period in which the total inventory of strategic 
airlift aircraft of the Secretary is less than 301, such that the 
retired aircraft--
            (1) is stored in flyable condition;
            (2) can be returned to service; and
            (3) is not used to supply parts to other aircraft unless 
        specifically authorized by the Secretary of Defense upon a 
        request by the Secretary of the Air Force.

[[Page 126 STAT. 1662]]

    (e) Definitions.--In this section:
            (1) The term ``mobility'' means the--
                    (A) deployment, sustainment, and redeployment of the 
                personnel and equipment needed to execute the National 
                Defense Strategy to air and seaports of embarkation, 
                intertheater deployment to air and seaports of 
                debarkation, and intratheater deployment to tactical 
                assembly areas; and
                    (B) the employment of aerial refueling assets and 
                intratheater movement and infrastructure in support of 
                deployment and sustainment of combat forces.
            (2) The term ``National Military Strategy'' means the 
        National Military Strategy prescribed by the Chairman of the 
        Joint Chiefs of Staff under section 153 of title 10, United 
        States Code.
SEC. 142. RETIREMENT OF B-1 BOMBER AIRCRAFT.

    (a) In General.--Section 8062 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h)(1) <<NOTE: Effective date.>>  Beginning October 1, 2011, the 
Secretary of the Air Force may not retire more than six B-1 aircraft.

    ``(2) The Secretary shall maintain in a common capability 
configuration not less than 36 B-1 aircraft as combat-coded aircraft.
    ``(3) <<NOTE: Definition.>>  In this subsection, the term `combat-
coded aircraft' means aircraft assigned to meet the primary aircraft 
authorization to a unit for the performance of its wartime mission.''.

    (b) Conforming Amendment.--Section 132 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 
1320) is amended by striking subsection (c).
SEC. 143. AVIONICS SYSTEMS FOR C-130 AIRCRAFT.

    (a) Limitations.--
            (1) <<NOTE: Time period.>>  Avionics modernization 
        program.--The Secretary of the Air Force may not take any action 
        to cancel or modify the avionics modernization program for C-130 
        aircraft until a period of 90 days has elapsed after the date on 
        which the Secretary submits to the congressional defense 
        committees the cost-benefit analysis conducted under subsection 
        (b)(1).
            (2) CNS/ATM program.--
                    (A) In general.--The Secretary may not take any 
                action described in subparagraph (B) until a period of 
                90 days has elapsed after the date on which the 
                Secretary submits to the congressional defense 
                committees the cost-benefit analysis conducted under 
                subsection (b)(1).
                    (B) Covered actions.--An action described in this 
                subparagraph is an action to begin an alternative 
                communication, navigation, surveillance, and air traffic 
                management program for C-130 aircraft that is designed 
                or intended--
                          (i) to meet international communication, 
                      navigation, surveillance, and air traffic 
                      management standards for the fleet of C-130 
                      aircraft; or
                          (ii) to replace the current avionics 
                      modernization program for the C-130 aircraft.

    (b) Cost-Benefit Analysis.--
            (1) <<NOTE: Contracts.>>  FFRDC.--The Secretary shall seek 
        to enter into an agreement with the Institute for Defense 
        Analyses to conduct

[[Page 126 STAT. 1663]]

        an independent cost-benefit analysis that compares the following 
        alternatives:
                    (A) Upgrading and modernizing the legacy C-130 
                airlift fleet using the C-130 avionics modernization 
                program.
                    (B) Upgrading and modernizing the legacy C-130 
                airlift fleet using a reduced scope program for avionics 
                and mission planning systems.
            (2) Matters included.--The cost-benefit analysis conducted 
        under paragraph (1) shall take into account--
                    (A) the effect of life-cycle costs for--
                          (i) adopting each of the alternatives 
                      described in subparagraphs (A) and (B) of 
                      paragraph (1); and
                          (ii) supporting C-130 aircraft that are not 
                      upgraded or modernized; and
                    (B) the costs associated with the potential upgrades 
                to avionics and mission systems that may be required for 
                legacy C-130 aircraft to remain relevant and mission 
                effective in the future.
SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F-22A RAPTOR 
                        AIRCRAFT AS MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) <<NOTE: Reports.>>  In General.--The Secretary of Defense shall 
treat the programs referred to in subsection (b) for the F-22A Raptor 
aircraft as a major defense acquisition program for which Selected 
Acquisition Reports shall be submitted to Congress in accordance with 
the requirements of section 2432 of title 10, United States Code.

    (b) Covered Programs.--The programs referred to in this subsection 
for the F-22A Raptor aircraft are the modernization Increment 3.2B and 
any future F-22A Raptor aircraft modernization program that would 
otherwise, if a standalone program, qualify for treatment as a major 
defense acquisition program for purposes of chapter 144 of title 10, 
United States Code.
    (c) Other Reports.--Not later than March 1 of each year, the 
Secretary of the Air Force shall submit to the congressional defense 
committees a report on the costs, schedules, and performances of the 
reliability and maintainability maturation program and the structural 
repair program of the F-22A Raptor modernization program, including a 
comparison of such costs, schedules, and performances to an appropriate 
baseline.

               Subtitle E--Joint and Multiservice Matters

SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 JOINT AIRCRAFT 
                        PROGRAM.

    (a) Authority for Multiyear Procurement.--Subject to section 2306b 
of title 10, United States Code, the Secretary of the Navy may enter 
into one or more multiyear contracts, beginning with the fiscal year 
2013 program year, for the procurement of V-22 aircraft for the 
Department of the Navy, the Department of the Air Force, and the United 
States Special Operations Command.
    (b) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2013 is subject to the availability of appropriations 
for that purpose for such later fiscal year.

[[Page 126 STAT. 1664]]

SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SATELLITES.

    (a) Contract Authority.--
            (1) In general.--The Secretary of the Air Force may procure 
        two space-based infrared systems satellites by entering into a 
        fixed-price contract. Such procurement may also include--
                    (A) material and equipment in economic order 
                quantities when cost savings are achievable; and
                    (B) cost-reduction initiatives.
            (2) Use of incremental funding.--With respect to a contract 
        entered into under paragraph (1) for the procurement of space-
        based infrared systems satellites, the Secretary may use 
        incremental funding for a period not to exceed six fiscal years.
            (3) Liability.--A contract entered into under paragraph (1) 
        shall provide that any obligation of the United States to make a 
        payment under the contract is subject to the availability of 
        appropriations for that purpose, and that the total liability to 
        the Government for termination of any contract entered into 
        shall be limited to the total amount of funding obligated at the 
        time of termination.

    (b) Limitation of Costs.--
            (1) Limitation.--Except as provided by subsection (c), and 
        excluding amounts described in paragraph (2), the total amount 
        obligated or expended for the procurement of two space-based 
        infrared systems satellites authorized by subsection (a) may not 
        exceed $3,900,000,000.
            (2) Exclusion.--The amounts described in this paragraph are 
        amounts associated with the following:
                    (A) Plans.
                    (B) Technical data packages.
                    (C) Post delivery and program support costs.
                    (D) Technical support for obsolescence studies.

    (c) Waiver and Adjustment to Limitation Amount.--
            (1) <<NOTE: Notification.>>  Waiver.--In accordance with 
        paragraph (2), the Secretary may waive the limitation in 
        subsection (b)(1) if the Secretary submits to the congressional 
        defense committees and the Permanent Select Committee on 
        Intelligence of the House of Representatives written 
        notification of the adjustment made to the amount set forth in 
        such subsection.
            (2) Adjustment.--Upon waiving the limitation under paragraph 
        (1), the Secretary may adjust the amount set forth in subsection 
        (b)(1) by the following:
                    (A) The amounts of increases or decreases in costs 
                attributable to economic inflation after September 30, 
                2012.
                    (B) The amounts of increases or decreases in costs 
                attributable to compliance with changes in Federal, 
                State, or local laws enacted after September 30, 2012.
                    (C) <<NOTE: Determination. Certification.>>  The 
                amounts of increases or decreases in costs of the 
                satellites that are attributable to insertion of new 
                technology into a space-based infrared system, as 
                compared to the technology built into such a system 
                procured prior to fiscal year 2013, if the Secretary 
                determines, and certifies to the congressional defense 
                committees, that insertion of the new technology is--

[[Page 126 STAT. 1665]]

                          (i) expected to decrease the life-cycle cost 
                      of the system; or
                          (ii) required to meet an emerging threat that 
                      poses grave harm to national security.

    (d) Report.--Not later than 30 days after the date on which the 
Secretary awards a contract under subsection (a), the Secretary shall 
submit to the congressional defense committees and the Permanent Select 
Committee on Intelligence of the House of Representatives a report on 
such contract, including the following:
            (1) The total cost savings resulting from the authority 
        provided by subsection (a).
            (2) The type and duration of the contract awarded.
            (3) The total contract value.
            (4) The funding profile by year.
            (5) The terms of the contract regarding the treatment of 
        changes by the Federal Government to the requirements of the 
        contract, including how any such changes may affect the success 
        of the contract.
            (6) A plan for using cost savings described in paragraph (1) 
        to improve the capability of overhead persistent infrared, 
        including a description of--
                    (A) the available funds, by year, resulting from 
                such cost savings;
                    (B) the specific activities or subprograms to be 
                funded by such cost savings and the funds, by year, 
                allocated to each such activity or subprogram;
                    (C) the objectives for each such activity or 
                subprogram and the criteria used by the Secretary to 
                determine which such activity or subprogram to fund;
                    (D) the method in which such activities or 
                subprograms will be awarded, including whether it will 
                be on a competitive basis; and
                    (E) the process for determining how and when such 
                activities and subprograms would transition to an 
                existing program or be established as a new program of 
                record.

    (e) Use of Funds Available for Space Vehicle Numbers 5 and 6.--The 
Secretary may obligate and expend amounts authorized to be appropriated 
for fiscal year 2013 by section 101 for procurement, Air Force, as 
specified in the funding table in section 4101 and available for the 
advanced procurement of long-lead parts and the replacement of obsolete 
parts for space-based infrared system satellite space vehicle numbers 5 
and 6.
    (f) <<NOTE: Determination.>>  Sense of Congress.--It is the sense of 
Congress that the Secretary should not enter into a fixed-price contract 
under subsection (a) for the procurement of two space-based infrared 
system satellites unless the Secretary determines that entering into 
such a contract will save the Air Force substantial savings, as required 
under section 2306b of title 10, United States Code, over the cost of 
procuring two such satellites separately.
SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED 
                        EXPENDABLE LAUNCH VEHICLE PROGRAM.

    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2013 for the Air Force 
for the evolved expendable launch vehicle program, 10 percent may not be 
obligated or expended until the date on

[[Page 126 STAT. 1666]]

which the Secretary of the Air Force submits to the appropriate 
congressional committees--
            (1) <<NOTE: Reports.>>  a report describing the acquisition 
        strategy for such program; and
            (2) <<NOTE: Certification.>>  written certification that 
        such strategy--
                    (A) maintains assured access to space;
                    (B) achieves substantial cost savings; and
                    (C) provides opportunities for competition.

    (b) Matters Included.--The report under subsection (a)(1) shall 
include the following information:
            (1) The anticipated savings to be realized under the 
        acquisition strategy for the evolved expendable launch vehicle 
        program.
            (2) The number of launch vehicle booster cores covered by 
        the planned contract for such program.
            (3) The number of years covered by such contract.
            (4) An assessment of when new entrants that have submitted a 
        statement of intent will be certified to compete for evolved 
        expendable launch vehicle-class launches.
            (5) The projected launch manifest, including possible 
        opportunities for certified new entrants to compete for evolved 
        expendable launch vehicle-class launches.
            (6) Any other relevant analysis used to inform the 
        acquisition strategy for such program.

    (c) Comptroller General.--
            (1) Review.--The Comptroller General of the United States 
        shall review the report under subsection (a)(1).
            (2) <<NOTE: Deadline.>>  Submittal.--Not later than 30 days 
        after the date on which the report under subsection (a)(1) is 
        submitted to the appropriate congressional committees, the 
        Comptroller General shall--
                    (A) <<NOTE: Reports.>>  submit to such committees a 
                report on the review under paragraph (1); or
                    (B) <<NOTE: Briefing.>>  provide to such committees 
                a briefing on such review.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The congressional defense committees.
            (2) The Permanent Select Committee on Intelligence of the 
        House of Representatives and the Select Committee on 
        Intelligence of the Senate.
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF 
                        RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT 
                        SYSTEMS.

    (a) Limitation.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2013 for the 
Department of Defense may be obligated or expended to retire, prepare to 
retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned 
aircraft system.
    (b) Maintained Levels.--During the period preceding December 31, 
2014, in supporting the operational requirements of the combatant 
commands, the Secretary of the Air Force shall maintain the operational 
capability of each RQ-4 Block 30 Global Hawk unmanned aircraft system 
belonging to the Air Force or delivered to the Air Force during such 
period.

[[Page 126 STAT. 1667]]

SEC. 155. <<NOTE: Deadline. Reports.>>  REQUIREMENT TO SET F-35 
                        AIRCRAFT INITIAL OPERATIONAL CAPABILITY 
                        DATES.

    (a) F-35A.--Not later than June 1, 2013, the Secretary of the Air 
Force shall--
            (1) establish the initial operational capability date for 
        the F-35A aircraft; and
            (2) submit to the congressional defense committees a report 
        on the details of such initial operational capability.

    (b) F-35B and F-35C.--Not later than June 1, 2013, the Secretary of 
the Navy shall--
            (1) establish the initial operational capability dates for 
        the F-35B and F-35C aircraft; and
            (2) submit to the congressional defense committees a report 
        on the details of such initial operational capabilities for both 
        variants.
SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.

    (a) Initial Report.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary of Defense for Special 
Operations and Low-Intensity Conflict, in coordination with the 
Commander of the United States Special Operations Command, shall submit 
to the congressional defense committees a report setting forth the 
following:
            (1) A description of all efforts under the Shallow Water 
        Combat Submersible program and the United States Special 
        Operations Command to improve the accuracy of the tracking of 
        the schedule and costs of the program.
            (2) The revised timeline for the initial and full 
        operational capability of the Shallow Water Combat Submersible, 
        including details outlining and justifying the revised baseline 
        to the program.
            (3) Current cost estimates to meet the basis of issue 
        requirement under the program.
            (4) An assessment of existing program risk through the 
        completion of operational testing.

    (b) Subsequent Reports.--
            (1) Quarterly reports required.--The Assistant Secretary, in 
        coordination with the Commander of the United States Special 
        Operations Command, shall submit to the congressional defense 
        committees on a quarterly basis updates on the schedule and cost 
        performance of the contractor of the Shallow Water Combat 
        Submersible program, including metrics from the earned value 
        management system.
            (2) Sunset.--The requirement in paragraph (1) shall cease on 
        the date the Shallow Water Combat Submersible has completed 
        operational testing and has been found to be operationally 
        effective and operationally suitable.
SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE, 
                        SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT 
                        AND UNMANNED AERIAL VEHICLES USE SPECIFIED 
                        STANDARD DATA LINK.

    (a) Requirement.--The Secretary of Defense shall take such steps as 
necessary to ensure that (except as specified in subsection (c)) all 
covered aircraft of the Army, Navy, Marine Corps, and Air Force are 
equipped and configured so that--

[[Page 126 STAT. 1668]]

            (1) the data link used by those vehicles is the Department 
        of Defense standard tactical manned intelligence, surveillance, 
        and reconnaissance aircraft and unmanned aerial vehicle data 
        link known as the Common Data Link or a data link that uses 
        waveform capable of transmitting and receiving Internet Protocol 
        communications; and
            (2) with respect to unmanned aerial vehicles, such vehicles 
        use data formats consistent with the architectural standard 
        known as STANAG 4586 that was developed to facilitate 
        multinational interoperability among NATO member nations.

    (b) Solicitations.--The Secretary of Defense shall ensure that any 
solicitation issued for a Common Data Link described in subsection (a), 
regardless of whether the solicitation is issued by a military 
department or a contractor with respect to a subcontract--
            (1) conforms to a Department of Defense specification 
        standard, including interfaces and waveforms, existing as of the 
        date of the solicitation; and
            (2) does not include any proprietary or undocumented 
        waveforms or control interfaces or data interfaces as a 
        requirement or criterion for evaluation.

    (c) <<NOTE: Determination. Certification.>>  Waiver.--The Under 
Secretary of Defense for Acquisition, Technology, and Logistics may 
waive the applicability of this section to any covered aircraft if the 
Under Secretary determines, and certifies to the congressional defense 
committees, that--
            (1) it would be technologically infeasible or economically 
        unacceptable to apply this section to such aircraft; or
            (2) such aircraft is under a special access program that is 
        not considered a major defense acquisition program.

    (d) Covered Aircraft Defined.--In this section, the term ``covered 
aircraft'' means--
            (1) tactical manned intelligence, surveillance, and 
        reconnaissance aircraft; and
            (2) unmanned aerial vehicles.

    (e) Conforming Repeal.--Section 141 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3163) is repealed.
SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AMMUNITION 
                        CAPABILITIES.

    (a) Study.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall enter into a contract with a federally funded 
        research and development center to conduct a study on the 
        requirements analysis and determination processes and 
        capabilities of the Department of Defense with respect to small 
        arms and small-caliber ammunition that carries out each of the 
        following:
                    (A) A comparative evaluation of the current military 
                small arms in use by the Armed Forces, including general 
                purpose and special operations forces, and select 
                military equivalent commercial candidates not 
                necessarily in use militarily but currently available.
                    (B) A comparative evaluation of the standard small-
                caliber ammunition of the Department with other small-
                caliber ammunition alternatives.

[[Page 126 STAT. 1669]]

                    (C) An assessment of the current plans of the 
                Department to modernize the small arms and small-caliber 
                ammunition capabilities of the Department.
                    (D) An assessment of the requirements analysis and 
                determination processes of the Department for small arms 
                and small-caliber ammunition.
            (2) Factors to consider.--The study required under paragraph 
        (1) shall take into consideration the following factors:
                    (A) Current and future operating environments, as 
                specified or referred to in strategic guidance and 
                planning documents of the Department.
                    (B) Capability gaps identified in small arms and 
                small-caliber ammunition capabilities based assessments 
                of the Department.
                    (C) Actions taken by the Secretary to address 
                capability gaps identified in any such capabilities 
                based assessments.
                    (D) Findings from studies of the Department of 
                Defense Small Arms and Small-Caliber Ammunition defense 
                support team and actions taken by the Secretary in 
                response to such findings.
                    (E) Findings from the assessment required by section 
                143 of the Duncan Hunter National Defense Authorization 
                Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 
                2304 note) and actions taken by the Secretary in 
                response to such findings.
                    (F) Modifications and improvements recently applied 
                to small arms and small-caliber ammunition of the Armed 
                Forces, including general purpose and special operations 
                forces, as well as the potential for continued 
                modification and improvement.
                    (G) Impacts to the small arms production industrial 
                base and small-caliber ammunition industrial base, if 
                any, associated with changes from current U.S. or NATO 
                standard caliber weapons or ammunition sizes.
                    (H) Total life cycle costs of each small arms system 
                and small-caliber ammunition, including incremental 
                increases in cost for industrial facilitization or small 
                arms and ammunition procurement, if any, associated with 
                changes described in subparagraph (G).
                    (I) Any other factor the federally funded research 
                and development center considers appropriate.
            (3) Access to information.--The Secretary shall ensure that 
        the federally funded research and development center conducting 
        the study under paragraph (1) has access to all necessary data, 
        records, analyses, personnel, and other resources necessary to 
        complete the study.

    (b) Report.--
            (1) In general.--Not later than September 30, 2013, the 
        Secretary shall submit to the congressional defense committees a 
        report containing the results of the study conducted under 
        subsection (a)(1), together with the comments of the Secretary 
        on the findings contained in the study.
            (2) Classified annex.--The report shall be in unclassified 
        form, but may contain a classified annex.

    (c) Small Arms Defined.--In this section, the term ``small arms'' 
means weapons assigned to and operated by an individual

[[Page 126 STAT. 1670]]

member of the Armed Forces, including handguns, rifles and carbines 
(including sniper and designated marksman weapons), sub-machine guns, 
and light-machine guns.

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

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Next-generation long-range strike bomber aircraft nuclear 
           certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned 
           Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities 
           for an Army medium range multi-purpose vertical takeoff and 
           landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics 
           Activity.
Sec. 216. Advanced rotorcraft initiative.

                  Subtitle C--Missile Defense Programs

Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense 
           program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets 
           between and within the DDG-51 class destroyer and Aegis 
           Ashore programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space 
           system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential 
           future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense 
           system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland 
           defense hedging policy and strategy report of the Secretary 
           of Defense.

                           Subtitle D--Reports

Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault 
           vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research 
           investments of the Air Force.
Sec. 245. National Research Council review of defense science and 
           technical graduate education needs.

                        Subtitle E--Other Matters

Sec. 251. Eligibility for Department of Defense laboratories to enter 
           into educational partnerships with educational institutions 
           in territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of 
           training exercises for members of the Armed Forces.

[[Page 126 STAT. 1671]]

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

     Funds are hereby authorized to be appropriated for fiscal year 2013 
for the use of the Department of Defense for research, development, 
test, and evaluation as specified in the funding table in section 4201.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT 
                        NUCLEAR CERTIFICATION REQUIREMENT.

    The Secretary of the Air Force shall ensure that the next-generation 
long-range strike bomber is--
            (1) capable of carrying strategic nuclear weapons as of the 
        date on which such aircraft achieves initial operating 
        capability; and
            (2) <<NOTE: Deadline.>>  certified to use such weapons by 
        not later than two years after such date.
SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR 
                        UNMANNED CARRIER-LAUNCHED SURVEILLANCE AND 
                        STRIKE SYSTEM PROGRAM.

    (a) Extension of Limitation.--Subsection (a) of section 213 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1330) is amended by inserting ``or fiscal year 2013'' 
after ``fiscal year 2012''.
    (b) Technology Development Phase.--Such section is further amended 
by adding at the end the following new subsection:
    ``(d) Technology Development and Preliminary Design Phases.--
            ``(1) Contractors.--In accordance with paragraph (2), the 
        Secretary of the Navy may not reduce the number of prime 
        contractors working on the Unmanned Carrier-launched 
        Surveillance and Strike system program to one prime contractor 
        for the technology development phase of such program prior to 
        the program achieving the preliminary design review milestone.
            ``(2) Preliminary design review.--After the date on which 
        the Unmanned Carrier-launched Surveillance and Strike system 
        program achieves the preliminary design review milestone, the 
        Secretary may not reduce the number of prime contractors working 
        on the program to one prime contractor until--
                    ``(A) the preliminary design reviews of the program 
                are completed;
                    ``(B) the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics assesses the 
                completeness of the preliminary design reviews of the 
                program for each participating prime contractor;
                    ``(C) <<NOTE: Reports.>>  the Under Secretary 
                submits to the congressional defense committees a report 
                that includes--

[[Page 126 STAT. 1672]]

                          ``(i) a summary of the assessment of the 
                      preliminary design reviews of the program 
                      conducted under subparagraph (B); and
                          ``(ii) <<NOTE: Certification.>>  a 
                      certification that each preliminary design review 
                      of the program was complete and was not 
                      abbreviated when compared to preliminary design 
                      reviews conducted for other major defense 
                      acquisition programs consistent with the policies 
                      specified in Department of Defense Instruction 
                      5000.02; and
                    ``(D) <<NOTE: Time period.>>  a period of 30 days 
                has elapsed following the date on which the Under 
                Secretary submits the report under subparagraph (C).''.

    (c) Technical Amendment.--Such section is further amended by 
striking ``Future Unmanned Carrier-based Strike System'' each place it 
appears and inserting ``Unmanned Carrier-launched Surveillance and 
Strike system''.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A 
                        ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-
                        PURPOSE VERTICAL TAKEOFF AND LANDING 
                        UNMANNED AIRCRAFT SYSTEM.

    (a) Limitation.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2013 for research, 
development, test, and evaluation, Army, may be obligated or expended 
for Milestone A activities with respect to a medium-range multi-purpose 
vertical take-off and landing unmanned aircraft system until--
            (1) <<NOTE: Certification.>>  the Chairman of the Joint 
        Requirements Oversight Council certifies in writing to the 
        appropriate congressional committees that the Joint Requirements 
        Oversight Council determines that--
                    (A) such system is required to meet a required 
                capability or requirement validated by the Council; and
                    (B) as of the date of the certification, an unmanned 
                aircraft system in the operational inventory of a 
                military department that was selected using competitive 
                procedures cannot meet such capability or be modified to 
                meet such capability in a more cost effective way; and
                    (C) the acquisition strategy for such a capability 
                includes competitive procedures as a requirement; and
            (2) <<NOTE: Time period.>>  a period of 30 days has elapsed 
        following the date on which the Chairman submits the 
        certification under paragraph (1).

    (b) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee on 
                Intelligence of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate.
            (2) The term ``competitive procedures'' has the meaning 
        given that term in section 2302(2) of title 10, United States 
        Code.
            (3) The term ``Milestone A activities'' means, with respect 
        to an acquisition program of the Department of Defense--

[[Page 126 STAT. 1673]]

                    (A) the distribution of request for proposals;
                    (B) the selection of technology demonstration 
                contractors; and
                    (C) technology development.
SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE 
                        PROGRAM.

    (a) Competitive Procedures.--Except as provided by subsection (b), 
the Secretary of Defense shall ensure that any funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2013 for activities of the conventional prompt global strike program are 
obligated or expended using competitive solicitation procedures to 
involve industry as well as government partners to the extent feasible.
    (b) Waiver.--The Secretary may waive the requirement to use 
competitive solicitation procedures under subsection (a) if--
            (1) the Secretary--
                    (A) <<NOTE: Determination.>>  determines that using 
                such procedures is not feasible; and
                    (B) <<NOTE: Notification.>>  notifies the 
                congressional defense committees of such determination; 
                and
            (2) <<NOTE: Time period.>>  a period of 5 days elapses after 
        the date on which the Secretary makes such notification under 
        paragraph (1)(B).
SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICROELECTRONICS 
                        ACTIVITY.

    None <<NOTE: Time period.>>  of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2013 for research, development, test, and evaluation for the Next 
Generation Foundry for the Defense Microelectronics Activity (PE 
#603720S) may be obligated or expended for that purpose until a period 
of 60 days has elapsed following the date on which the Assistant 
Secretary of Defense for Research and Engineering--
            (1) <<NOTE: Strategy.>>  develops a microelectronics 
        strategy as described in the Senate report to accompany S. 1253 
        of the 112th Congress (S. Rept. 112-26) and an estimate of the 
        full life-cycle costs for the upgrade of the Next Generation 
        Foundry;
            (2) <<NOTE: Assessment.>>  develops an assessment regarding 
        the manufacturing capability of the United States to produce 
        three-dimensional integrated circuits to serve national defense 
        interests; and
            (3) <<NOTE: Estimate.>>  submits to the congressional 
        defense committees the strategy and cost estimate required by 
        paragraph (1) and the assessment required by paragraph (2).
SEC. 216. ADVANCED ROTORCRAFT INITIATIVE.

    (a) <<NOTE: Deadline. Reports.>>  In General.--Not later than 180 
days after the date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall, in 
consultation with the military departments and the Defense Advanced 
Research Projects Agency, submit to the congressional defense committees 
a report setting forth a strategy for the use of integrated platform 
design teams and agile prototyping approaches for the development of 
advanced rotorcraft capabilities.

    (b) Elements.--The strategy required by subsection (a) shall include 
the following:
            (1) Mechanisms for establishing agile prototyping practices 
        and programs, including rotorcraft X-planes, and an 
        identification of the resources required for such purposes.

[[Page 126 STAT. 1674]]

            (2) The X-Plane Rotorcraft program of the Defense Advanced 
        Research Projects Agency with performance objectives beyond 
        those of the Joint Multi-role development program, including at 
        least two competing teams.
            (3) Approaches, including potential competitive prize 
        awards, to encourage the development of advanced rotorcraft 
        capabilities to address challenge problems such as nap-of-earth 
        automated flight, urban operation near buildings, slope 
        landings, automated autorotation or power-off recovery, and 
        automated selection of landing areas.

                  Subtitle C--Missile Defense Programs

SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PROGRAM.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2013 for the Department of 
Defense may be obligated or expended for the medium extended air defense 
system.
SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE ROCKET 
                        DEFENSE PROGRAM.

    Of the funds authorized to be appropriated for fiscal year 2013 by 
section 201 for research, development, test, and evaluation, Defense-
wide, and available for the Missile Defense Agency, $211,000,000 may be 
provided to the Government of Israel for the Iron Dome short-range 
rocket defense program as specified in the funding table in section 
4201.
SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON SYSTEM 
                        ASSETS BETWEEN AND WITHIN THE DDG-51 CLASS 
                        DESTROYER AND AEGIS ASHORE PROGRAMS IN 
                        ORDER TO MEET MISSION REQUIREMENTS.

    (a) Transfer to Aegis Ashore System.--Notwithstanding any other 
provision of law, the Secretary of the Navy may transfer Aegis weapon 
system equipment with ballistic missile defense capability to the 
Director of the Missile Defense Agency for use by the Director in the 
Aegis Ashore System for installation in the country designated as ``Host 
Nation 1'' by transferring to the Agency such equipment procured with 
amounts authorized to be appropriated for shipbuilding and conversion, 
Navy, for fiscal years 2010 and 2011 for the DDG-51 Class Destroyer 
Program.
    (b) Adjustments in Equipment Deliveries.--
            (1) Use of fy12 funds for aws systems on destroyers procured 
        with fy11 funds.--Amounts authorized to be appropriated for 
        shipbuilding and conversion, Navy, for fiscal year 2012, and any 
        Aegis weapon system assets procured with such amounts, may be 
        used to deliver complete, mission-ready Aegis weapon systems 
        with ballistic missile defense capability to any DDG-51 class 
        destroyer for which amounts were authorized to be appropriated 
        for shipbuilding and conversion, Navy, for fiscal year 2011.
            (2) Use of aws systems procured with rdt&e funds on 
        destroyers.--The Secretary may install on any DDG-51 class 
        destroyer Aegis weapon systems with ballistic missile defense 
        capability transferred pursuant to subsection (c).

[[Page 126 STAT. 1675]]

    (c) Transfer From Aegis Ashore System.--The Director shall transfer 
Aegis weapon system equipment with ballistic missile defense capability 
procured for installation in the Aegis Ashore System to the Secretary 
for the DDG-51 Class Destroyer Program to replace any equipment 
transferred to the Director under subsection (a).
    (d) Treatment of Transfer in Funding Destroyer Construction.--
Notwithstanding the source of funds for any equipment transferred under 
subsection (c), the Secretary shall fund all work necessary to complete 
construction and outfitting of any destroyer in which such equipment is 
installed in the same manner as if such equipment had been acquired 
using amounts in the shipbuilding and conversion, Navy, account.
SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION TRACKING 
                        SPACE SYSTEM.

    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2013 for the Missile 
Defense Agency for the precision tracking space system, not more than 75 
percent may be obligated or expended until the date on which--
            (1) the Director of Cost Assessment and Program Evaluation 
        completes the evaluation under subsection (b)(1); and
            (2) the terms of reference for the evaluation under 
        subsection (b)(1)(B) are--
                    (A) approved by the Missile Defense Executive Board, 
                in coordination with the Defense Space Council; and
                    (B) submitted to the congressional defense 
                committees.

    (b) Independent Cost Estimate and Evaluation of Alternatives 
Required.--
            (1) In general.--The Director of Cost Assessment and Program 
        Evaluation shall perform--
                    (A) an independent cost estimate for the precision 
                tracking space system; and
                    (B) a comprehensive assessment evaluation of 
                alternatives for such system.
            (2) Basis of evaluation.--The evaluation under paragraph 
        (1)(B) shall be based on a clear articulation by the Director of 
        the Missile Defense Agency of--
                    (A) the space-based and ground-based sensors that 
                will be required to be maintained to aid the precision 
                tracking space system constellation;
                    (B) the number of satellites to be procured for a 
                first constellation, including the projected lifetime of 
                such satellites in the first constellation, and the 
                number projected to be procured for a first and, if 
                applicable, second replenishment;
                    (C) the technological and acquisition risks of such 
                system, including systems engineering and ground system 
                development;
                    (D) an evaluation of the technological capability 
                differences between the precision tracking space system 
                tracking sensor and the space tracking and surveillance 
                system tracking sensor;
                    (E) the cost differences, as confirmed by the 
                Director of Cost Assessment and Program Evaluation, 
                between such systems, including costs relating to launch 
                services; and

[[Page 126 STAT. 1676]]

                    (F) any other matters the Director believes useful 
                that do not unduly delay completion of the evaluation.
            (3) Evaluation.--In conducting the evaluation under 
        paragraph (1)(B), the Director of Cost Assessment and Program 
        Evaluation shall--
                    (A) evaluate whether the precision tracking space 
                system, as planned by the Director of the Missile 
                Defense Agency in the budget submitted to Congress under 
                section 1105 of title 31, United States Code, for fiscal 
                year 2013, is the most cost effective and best value 
                sensor option with respect to land-, air-, or space-
                based sensors, or a combination thereof, to improve the 
                regional missile defense and homeland missile defense of 
                the United States, including by adding precision 
                tracking and discrimination capability to the ground-
                based midcourse defense system;
                    (B) examine the overhead persistent infrared 
                satellite data or other data that are available as of 
                the date of the evaluation that are not being used for 
                ballistic missile tracking;
                    (C) determine whether and how using the data 
                described in subparagraph (B) could improve sensor 
                coverage for the homeland missile defense of the United 
                States and regional missile defense capabilities;
                    (D) study the plans of the Director of the Missile 
                Defense Agency to integrate the precision tracking space 
                system concept into the ballistic missile defense system 
                and evaluate the concept of operations and missile 
                defense engagement scenarios of such use;
                    (E) consider the agreement entered into under 
                subsection (d)(1); and
                    (F) consider any other matters the Director believes 
                useful that do not unduly delay completion of the 
                evaluation.
            (4) <<NOTE: Time periods.>>  Cost determination.---In 
        conducting the independent cost estimate under paragraph (1)(A), 
        the Director of Cost Assessment and Program Evaluation shall 
        take into account acquisition costs and operation and 
        sustainment costs during the initial 10-year and 20-year 
        periods.
            (5) Cooperation.--The Director of the Missile Defense Agency 
        shall provide to the Director of Cost Assessment and Program 
        Evaluation the information necessary to conduct the independent 
        cost estimate and the evaluation of alternatives of such program 
        under paragraph (1).

    (c) <<NOTE: Deadline.>>  Submission Required.--Not later than April 
30, 2013, the Director of Cost Assessment and Program Evaluation shall 
submit to the congressional defense committees the independent cost 
estimate and evaluation under subparagraphs (A) and (B) of subsection 
(b)(1).

    (d) Memorandum of Agreement.--
            (1) In general.--The Director of the Missile Defense Agency 
        shall enter into a memorandum of agreement with the Commander of 
        the Air Force Space Command with respect to the space 
        situational awareness capabilities, requirements, design, and 
        cost sharing of the precision tracking space system.
            (2) Submission.--The Director shall submit to the 
        congressional defense committees the agreement entered into 
        under paragraph (1).

[[Page 126 STAT. 1677]]

    (e) <<NOTE: Deadlines. Briefings. Reports.>>  Review by the 
Comptroller General.--
            (1) Terms of reference.--The Comptroller General of the 
        United States shall provide to the congressional defense 
        committees--
                    (A) by not later than 30 days after the date on 
                which the terms of reference for the evaluation under 
                subsection (b)(1)(B) are provided to such committees 
                pursuant to subsection (a)(2), a briefing on the views 
                of the Comptroller General with respect to such terms of 
                reference and their conformance with the best practices 
                for analyses of alternatives established by the 
                Comptroller General; and
                    (B) a final report on such terms as soon as 
                practicable following the date of the briefing under 
                subparagraph (A).
            (2) Comprehensive ptss assessment.--The Comptroller General 
        shall further provide to the congressional defense committees--
                    (A) by not later than 60 days after the date on 
                which the evaluation is submitted to such committees 
                under subsection (c), a briefing on the views of the 
                Comptroller General with respect to such evaluation; and
                    (B) a final report on such evaluation as soon as 
                practicable following the date of the briefing under 
                subparagraph (A).
SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE.

    (a) Plan for Next Generation Kill Vehicle.--The Director of the 
Missile Defense Agency shall develop a long-term plan for the exo-
atmospheric kill vehicle that addresses both modifications and 
enhancements to the current exo-atmospheric kill vehicle and options for 
the competitive development of a next generation exo-atmospheric kill 
vehicle for the ground-based interceptor of the ground-based midcourse 
defense system and any other interceptor that might be developed for the 
defense of the United States against long-range ballistic missiles.
    (b) Definition of Parameters and Capabilities.--
            (1) Assessment required.--The Director shall define the 
        desired technical parameters and performance capabilities for a 
        next generation exo-atmospheric kill vehicle using an assessment 
        conducted by the Director for that purpose that is designed to 
        ensure that a next generation exo-atmospheric kill vehicle 
        design--
                    (A) enables ease of manufacturing, high tolerances 
                to production processes and supply chain variability, 
                and inherent reliability;
                    (B) will be optimized to take advantage of the 
                ballistic missile defense system architecture and sensor 
                system capabilities;
                    (C) leverages all relevant kill vehicle development 
                activities and technologies, including from the current 
                standard missile-3 block IIB program and the previous 
                multiple kill vehicle technology development program;
                    (D) seeks to maximize, to the greatest extent 
                practicable, commonality between subsystems of a next 
                generation exo-atmospheric kill vehicle and other exo-
                atmospheric kill vehicle programs; and
                    (E) meets Department of Defense criteria, as 
                established in the February 2010 Ballistic Missile 
                Defense

[[Page 126 STAT. 1678]]

                Review, for affordability, reliability, suitability, and 
                operational effectiveness to defend against limited 
                attacks from evolving and future threats from long-range 
                missiles.
            (2) Evaluation of payloads.--The assessment required by 
        paragraph (1) shall include an evaluation of the potential 
        benefits and drawbacks of options for both unitary and multiple 
        exo-atmospheric kill vehicle payloads.
            (3) <<NOTE: Evaluation.>>  Standard missile-3 block iib 
        interceptor.--As part of the assessment required by paragraph 
        (1), the Director shall evaluate whether there are potential 
        options and opportunities arising from the standard missile-3 
        block IIB interceptor development program for development of an 
        exo-atmospheric kill vehicle, or kill vehicle technologies or 
        components, that could be used for potential upgrades to the 
        ground-based interceptor or for a next generation exo-
        atmospheric kill vehicle.

    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director shall submit to the 
        congressional defense committees a report setting forth the plan 
        developed under subsection (a), including the results of the 
        assessment under subsection (b), and an estimate of the cost and 
        schedule of implementing the plan.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MISSILE DEFENSE 
                        SYSTEM.

    (a) <<NOTE: Deadline.>>  Plan for Modernization.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of the 
Army shall submit to the congressional defense committees a prioritized 
plan for support of the long-term requirements in connection with the 
modernization of the Patriot air and missile defense system and related 
systems of the integrated air and missile defense architecture.

    (b) Additional Elements.--The report required by subsection (a) 
shall also set forth the following:
            (1) An explanation of the requirements and goals for the 
        Patriot air and missile defense system and related systems of 
        the integrated air and missile defense architecture during the 
        10-year period beginning on the date of the report.
            (2) An assessment of the integrated air and missile defense 
        capabilities required to meet the demands of evolving and 
        emerging threats during the ten-year period beginning on the 
        date of the report.
            (3) A plan for the introduction of changes to the Patriot 
        air and missile defense system program to achieve reductions in 
        the life-cycle cost of the Patriot air and missile defense 
        system.
SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT ASSESSMENT OF 
                        POTENTIAL FUTURE MISSILE DEFENSE SITES IN 
                        THE UNITED STATES.

    (a) <<NOTE: Deadline. Study.>>  Evaluation.--Not later than December 
31, 2013, the Secretary of Defense shall conduct a study to evaluate at 
least three possible additional locations in the United States, selected 
by the Director of the Missile Defense Agency, that would be best suited 
for future deployment of an interceptor capable of protecting the

[[Page 126 STAT. 1679]]

homeland against threats from nations such as North Korea and Iran. At 
least two of such locations shall be on the East Coast of the United 
States.

    (b) Environmental Impact Statement Required.--Except as provided by 
subsection (c), the Secretary shall prepare an environmental impact 
statement in accordance with the National Environmental Policy Act of 
1969 (42 U.S.C. et seq.) for the locations the Secretary evaluates under 
subsection (a).
    (c) Exception.--If an environmental impact statement has already 
been prepared for a location the Secretary evaluates under subsection 
(a), the Secretary shall not be required to prepare another 
environmental impact statement for such location.
    (d) Contingency Plan.--In light of the evaluation under subsection 
(a), the Director of the Missile Defense Agency shall--
            (1) develop a contingency plan for the deployment of a 
        homeland missile defense interceptor site that is in addition to 
        such sites that exist as of the date of the enactment of this 
        Act in case the President determines to proceed with such an 
        additional deployment; and
            (2) <<NOTE: Notification.>>  notify the congressional 
        defense committees when such contingency plan has been 
        developed.
SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is a national priority to defend the United States 
        homeland against the threat of limited ballistic missile attack 
        (whether accidental, unauthorized, or deliberate);
            (2) the currently deployed ground-based midcourse defense 
        system, with 30 ground-based interceptors deployed in Alaska and 
        California, provides a level of protection of the United States 
        homeland;
            (3) it is essential for the ground-based midcourse defense 
        system to achieve the levels of reliability, availability, 
        sustainability, and operational performance that will allow it 
        to continue providing protection of the United States homeland;
            (4) the Missile Defense Agency should, as its highest 
        priority, correct the problem that caused the December 2010 
        ground-based midcourse defense system flight test failure and 
        demonstrate the correction in flight tests before resuming 
        production of the capability enhancement-II kill vehicle, in 
        order to provide confidence that the system will work as 
        intended;
            (5) the Department of Defense should continue to enhance the 
        performance and reliability of the ground-based midcourse 
        defense system, and enhance the capability of the ballistic 
        missile defense system, to provide improved capability to defend 
        the homeland;
            (6) the Missile Defense Agency should have a robust, 
        rigorous, and operationally realistic testing program for the 
        ground-based midcourse defense system, including salvo testing, 
        multiple simultaneous engagement testing, and operational 
        testing;
            (7) the Department of Defense has taken a number of prudent, 
        affordable, cost-effective, and operationally significant steps 
        to hedge against the possibility of future growth in the missile 
        threat to the homeland from North Korea and Iran; and

[[Page 126 STAT. 1680]]

            (8) the Department of Defense should continue to evaluate 
        the evolving threat of limited ballistic missile attack, 
        particularly from countries such as North Korea and Iran, and 
        consider other possibilities for prudent, affordable, cost-
        effective, and operationally significant steps to improve the 
        posture of the United States to defend the homeland.

    (b) Report.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report on the 
        status of efforts to improve the homeland ballistic missile 
        defense capability of the United States.
            (2) Elements of report.--The report required by paragraph 
        (1) shall include the following:
                    (A) A detailed description of the actions taken or 
                planned to improve the reliability, availability, and 
                capability of the ground-based midcourse defense system, 
                particularly the exoatmospheric kill vehicle, and any 
                other actions to improve the homeland missile defense 
                posture to hedge against potential future growth in the 
                threat of limited ballistic missile attack (whether 
                accidental, unauthorized, or deliberate), particularly 
                from countries such as North Korea and Iran.
                    (B) A description of any improvements achieved as a 
                result of the actions described in subparagraph (A).
                    (C) A description of the results of the two planned 
                flight tests of the ground-based midcourse defense 
                system (control test vehicle flight test-1, and GMD 
                flight test-06b) intended to demonstrate the success of 
                the correction of the problem that caused the flight 
                test failure of December 2010, and the status of any 
                decision to resume production of the capability 
                enhancement-II kill vehicle.
                    (D) a detailed description of the planned roles and 
                requirements for the standard missile-3 block IIB 
                interceptor to augment the defense of the homeland, 
                including the capabilities needed to defeat long-range 
                missiles that could be launched from Iran to the United 
                States;
                    (E) Any other matters the Secretary considers 
                appropriate.
            (3) Form of report.--The report shall be submitted in 
        unclassified form, but may include a classified annex.

    (c) Comptroller General Briefing and Report.--
            (1) Briefing.--Not later than 60 days after the date on 
        which the Secretary submits the report under subsection (b)(1), 
        the Comptroller General of the United States shall brief the 
        congressional defense committees with the views of the 
        Comptroller General on the report.
            (2) Report.--As soon as practicable after the date on which 
        the Comptroller General briefs the congressional defense 
        committees under paragraph (1), the Comptroller General shall 
        submit to such committees a report on the views included in such 
        briefing.
SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the threat from regional ballistic missiles, 
        particularly from Iran and North Korea, is serious and growing, 
        and puts

[[Page 126 STAT. 1681]]

        at risk forward-deployed forces of the United States and allies 
        and partners in Europe, the Middle East, and the Asia-Pacific 
        region;
            (2) the Department of Defense has an obligation to provide 
        force protection of forward-deployed forces, assets, and 
        facilities of the United States from regional ballistic missile 
        attack;
            (3) the United States has an obligation to meet its security 
        commitments to its allies, including ballistic missile defense 
        commitments;
            (4) the Department of Defense has a program of investment 
        and capabilities to provide for both homeland defense and 
        regional defense against ballistic missiles, consistent with the 
        Ballistic Missile Defense Review of 2010 and with the 
        prioritized and integrated needs of the commanders of the 
        combatant commands;
            (5) the European Phased Adaptive Approach to missile defense 
        is a response to the existing and growing ballistic missile 
        threat from Iran to forward deployed United States forces, 
        allies and partners in Europe;
            (6) the Department of Defense--
                    (A) should, as a high priority, continue to develop, 
                test, and plan to deploy all four phases of the European 
                Phased Adaptive Approach, including all variants of the 
                standard missile-3 interceptor;
                    (B) should continue to conduct tests to evaluate and 
                assess the capability of future phases of the European 
                Phased Adaptive Approach and to demonstrate whether they 
                will achieve their intended roles, as outlined in the 
                Ballistic Missile Defense Review of 2010; and
                    (C) should also continue with its other phased and 
                adaptive regional missile defense efforts tailored to 
                the Middle East and the Asia-Pacific region; and
            (7) European members of the North Atlantic Treaty 
        Organization are making a variety of contributions to missile 
        defense in Europe, by hosting elements of missile defense 
        systems of the United States on their territories, through 
        individual national contributions to missile defense capability, 
        and by collective funding and development of the Active Layered 
        Theater Ballistic Missile Defense system; and
            (8) allies and partners of the United States in the Asia-
        Pacific region and in the Middle East are making contributions 
        to regional missile defense capabilities, including by hosting 
        elements of missile defense systems of the United States on 
        their territories; jointly developing missile defense 
        capabilities; and cooperating in regional missile defense 
        architectures.

    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the congressional defense committees a report describing the 
        status and progress of regional missile defense programs and 
        efforts.
            (2) Elements of report.--The report required by paragraph 
        (1) shall include the following:
                    (A) An assessment of the adequacy of the existing 
                and planned European Phased Adaptive Approach to provide 
                force protection for forward-deployed forces of the 
                United States in Europe against ballistic missile 
                threats

[[Page 126 STAT. 1682]]

                from Iran, and an assessment whether adequate force 
                protection would be available absent the European Phased 
                Adaptive Approach, given current and planned Patriot, 
                Terminal High Altitude Area Defense, and Aegis ballistic 
                missile defense capability.
                    (B) A description of the progress made in the 
                development and testing of elements of systems intended 
                for deployment in Phases 2 through 4 of the European 
                Phased Adaptive Approach, and an assessment of technical 
                and schedule risks.
                    (C) A description of the missile defense priorities 
                and capability needs of the regional combatant commands, 
                and the planned regional missile defense architectures 
                derived from those capability needs and priorities.
                    (D) A description of the global force management 
                process used to evaluate the missile defense capability 
                needs of the regional combatant commands and to 
                determine the resource allocation and deployment 
                outcomes among such commands.
                    (E) A description of the missile defense command and 
                control concepts and arrangements in place for United 
                States and allied regional missile defense forces, and 
                the missile defense partnerships and burden-sharing 
                arrangements in place between the United States and its 
                allies and partners.
            (3) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (c) Comptroller General Views.--The Comptroller General of the 
United States shall--
            (1) <<NOTE: Briefing. Deadline.>>  brief the congressional 
        defense committees with the views of the Comptroller General on 
        the report under subsection (b)(1) by not later than 60 days 
        after the date on which the Secretary submits such report; and
            (2) <<NOTE: Reports.>>  submit to such committees a written 
        report on such views as soon as practicable after the date of 
        the briefing under paragraph (1).
SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN EUROPE.

    (a) <<NOTE: Deadline. Reports.>>  In General.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
contributions of members of the North Atlantic Treaty Organization to 
missile defense in Europe.

    (b) Elements.--The report required under subsection (a) shall 
include a discussion of the full range of contributions made by members 
of NATO, individually and collectively, to missile defense in Europe, 
including the following:
            (1) Financial contributions to the development of the Active 
        Layered Theater Ballistic Missile Defense command and control 
        system or other NATO missile defense capabilities, including the 
        European Phased Adaptive Approach.
            (2) National contributions of missile defense capabilities 
        to NATO.
            (3) Agreements to host missile defense facilities in the 
        territory of the member state.

[[Page 126 STAT. 1683]]

            (4) Contributions in the form of providing support, 
        including security, for missile defense facilities in the 
        territory of the member state.
            (5) Any other contributions being planned by members of 
        NATO, including the modification of existing military systems to 
        contribute to the missile defense capability of NATO.
            (6) A discussion of whether there are other opportunities 
        for future contributions, financial and otherwise, to missile 
        defense by members of NATO.
            (7) Any other matters the Secretary determines appropriate.

    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MIDCOURSE 
                        DEFENSE SYSTEM.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the testing program for the 
ground-based midcourse defense element of the ballistic missile defense 
system.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) An explanation of testing options for the ground-based 
        midcourse defense system if planned flight tests CTV-01 and FTG-
        06b do not demonstrate the successful correction to the problem 
        that caused the failure of the capability enhancement-2 kill 
        vehicle in flight test FTG-06a in December 2010, including 
        additional testing of the capability enhancement-1 kill vehicle.
            (2) An assessment of the feasibility, advisability, and cost 
        effectiveness (including the potential benefits, risks, and 
        impact on the current test plan and integrated master test plan 
        for the ground-based midcourse defense system) of adjusting the 
        test plan of the ground-based midcourse defense system to 
        accomplish, at an acceptable level of risk--
                    (A) accelerating to fiscal year 2014 the date for 
                testing such system using a capability enhancement-1 
                kill vehicle against an intercontinental ballistic 
                missile-range target; and
                    (B) increasing the pace of the flight testing of 
                such system to a rate of three tests every two years.
            (3) If the Secretary determines that either option described 
        in subparagraph (A) or (B) of paragraph (2) would be feasible, 
        advisable, and cost effective, a discussion of whether increased 
        funding beyond the funding requested in the budget for fiscal 
        year 2013 is required to carry out such options and, if so, what 
        level of increased funding would be necessary to carry out each 
        such option.
            (4) Any additional matters the Secretary determines 
        appropriate.

    (c) DOT&E Views.--The Secretary shall include an appendix to the 
report under subsection (a) that contains the views of the Director of 
Operational Test and Evaluation regarding the contents of the report.

[[Page 126 STAT. 1684]]

    (d) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (e) Comptroller General Views.--The Comptroller General of the 
United States shall--
            (1) <<NOTE: Briefing.>>  brief the congressional defense 
        committees concerning the views of the Comptroller General on 
        the report required under subsection (a) by not later than 60 
        days after the date on which the Secretary submits such report; 
        and
            (2) submit to such committees a written report on such views 
        as soon as practicable after the date of the briefing under 
        paragraph (1).
SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE.

    (a) Findings.--Congress finds the following:
            (1) In a December 18, 2010, letter to the Senate leadership, 
        President Obama wrote that the North Atlantic Treaty 
        Organization (NATO) ``invited the Russian Federation to 
        cooperate on missile defense, which could lead to adding Russian 
        capabilities to those deployed by NATO to enhance our common 
        security against common threats. The Lisbon Summit thus 
        demonstrated that the Alliance's missile defenses can be 
        strengthened by improving NATO-Russian relations. This comes 
        even as we have made it clear that the system we intend to 
        pursue with Russia will not be a joint system, and it will not 
        in any way limit United States' or NATO's missile defense 
        capabilities.''.
            (2) In a February 2, 2011, message to the Senate concerning 
        its December 22, 2010, Resolution of Advice and Consent to 
        Ratification of the New START Treaty, President Obama certified 
        that ``It is the policy of the United States to continue 
        development and deployment of United States missile defense 
        systems to defend against missile threats from nations such as 
        North Korea and Iran, including qualitative and quantitative 
        improvements to such systems. As stated in the Resolution, such 
        systems include all phases of the Phased Adaptive Approach to 
        missile defense in Europe, the modernization of the Ground-based 
        Midcourse Defense system, and the continued development of the 
        two-stage Ground-Based Interceptor as a technological and 
        strategic hedge.''.
            (3) In a letter dated December 13, 2011, to Senator Mark 
        Kirk, Robert Nabors, Assistant to the President and Director of 
        the Office of Legislative Affairs, wrote that ``The United 
        States remains committed to implementing the European Phased 
        Adaptive Approach to missile defense, and will not agree to any 
        constraints limiting the development or deployment of United 
        States missile defenses'' and ``[w]e will not provide Russia 
        with sensitive information about our missile defense systems 
        that would in any way compromise our national security. For 
        example, hit-to-kill technology and interceptor telemetry will 
        under no circumstances be provided to Russia.''.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) pursuant to section 2 of the National Missile Defense 
        Act of 1999 (Public Law 106-38; 113 Stat. 205; 10 U.S.C. 2431 
        note), it is the policy of the United States ``to deploy as soon 
        as is technologically possible an effective National Missile 
        Defense system capable of defending the territory of

[[Page 126 STAT. 1685]]

        the United States against limited ballistic missile attack 
        (whether accidental, unauthorized, or deliberate)...'';
            (2) defenses against ballistic missiles are essential for 
        new deterrent strategies and for new strategies should 
        deterrence fail;
            (3) further limitations on the missile defense capabilities 
        of the United States are not in the national security interest 
        of the United States;
            (4) the New Start Treaty and the April 7, 2010, unilateral 
        statement of the Russian Federation on missile defense do not 
        limit in any way, and shall not be interpreted as limiting, 
        activities that the Federal Government of the United States 
        currently plans or that might be required over the duration of 
        the New START Treaty to protect the United States pursuant to 
        the National Missile Defense Act of 1999, or to protect the 
        Armed Forces of the United States and allies of the United 
        States from limited ballistic missile attack, including further 
        planned enhancements to the Ground-based Midcourse Defense 
        system and all phases of the Phased Adaptive Approach to missile 
        defense in Europe;
            (5) it was the Understanding of the Senate in its December 
        22, 2010, Resolution of Advice and Consent to Ratification of 
        the New START Treaty that, ``any additional New START Treaty 
        limitations on the deployment of missile defenses beyond those 
        contained in paragraph 3 of Article V, including any limitations 
        agreed under the auspices of the Bilateral Consultative 
        Commission, would require an amendment to the New START Treaty 
        which may enter into force for the United States only with the 
        advice and consent of the Senate, as set forth in Article II, 
        section 2, clause 2 of the Constitution of the United States''; 
        and
            (6) section 303(b) of the Arms Control and Disarmament Act 
        (22 U.S.C. 2573(b)) requires that ``no action shall be taken 
        pursuant to this or any other Act that would obligate the United 
        States to reduce or limit the Armed Forces or armaments of the 
        United States in a militarily significant manner, except 
        pursuant to the treaty-making power of the President set forth 
        in Article II, Section 2, Clause 2 of the Constitution.''.

    (c) New START Treaty Defined.--In this section, the term ``New START 
Treaty'' means the Treaty between the United States of America and the 
Russian Federation on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011.
SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS OF THE 
                        HOMELAND DEFENSE HEDGING POLICY AND 
                        STRATEGY REPORT OF THE SECRETARY OF 
                        DEFENSE.

    It is the sense of the Congress that--
            (1) the homeland defense hedging policy and strategy report 
        required by section 233 of the National Defense Authorization 
        Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1340) is 
        necessary to inform Congress on options to protect the United 
        States homeland against the evolving ballistic missile threat, 
        including potential options prior to the deployment of Phase 4 
        of the European Phased Adaptive Approach to missile defense; and

[[Page 126 STAT. 1686]]

            (2) the Secretary of Defense should comply with the 
        requirements of such section 233 by submitting the homeland 
        defense hedging policy and strategy report to Congress.

                           Subtitle D--Reports

SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT SHIP.

    (a) Report Required.--Not later than March 1, 2013, the Secretary of 
the Navy shall, in consultation with the Director of Operational Test 
and Evaluation, submit to the congressional defense committees a report 
on the mine countermeasures warfare, antisubmarine warfare, and surface 
warfare mission packages for the Littoral Combat Ship.
    (b) Elements.--The report required by subsection (a) shall set forth 
the following:
            (1) A plan for the mission packages demonstrating that 
        preliminary design review for every capability increment 
        precedes Milestone B or equivalent approval for that increment.
            (2) A plan for demonstrating that the capability increment 
        for each mission package, combined with a Littoral Combat Ship, 
        on the basis of a preliminary design review and post-preliminary 
        design review assessment, will achieve the capability specified 
        for that increment.
            (3) A plan for demonstrating the survivability and lethality 
        of the Littoral Combat Ship with its mission packages 
        sufficiently early in the development phase of the system to 
        minimize costs of concurrency.
SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE MARINE 
                        CORPS.

    (a) Study.--The Commandant of the Marine Corps shall conduct a study 
on the future capabilities of the Marine Corps with respect to 
electronic warfare.
    (b) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Commandant shall submit to the 
        congressional defense committees a report on the study conducted 
        under subsection (a).
            (2) Matters included.--The report under paragraph (1) shall 
        include the following:
                    (A) A detailed plan for the disposition of EA-6B 
                Prowler aircraft squadrons.
                    (B) A solution for the replacement of the capability 
                provided by such aircraft.
                    (C) Concepts of operation for future air-ground task 
                force electronic warfare capabilities of the Marine 
                Corps.
                    (D) Any other issues that the Commandant determines 
                appropriate.
SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS ASSAULT 
                        VEHICLES FOR THE MARINE CORPS.

    (a) In General.--If the ongoing Marine Corps ground combat vehicle 
fleet mix study recommends the acquisition of a separate Marine 
Personnel Carrier, the Secretary of the Navy and the Commandant of the 
Marine Corps shall jointly submit to the congressional defense 
committees a report that includes the following:

[[Page 126 STAT. 1687]]

            (1) A detailed description of the capability gaps that 
        Marine Personnel Carriers are intended to mitigate and the 
        capabilities that the Marine Personnel Carrier will be required 
        to have to mitigate such gaps, and an assessment whether, and to 
        what extent, Amphibious Combat Vehicles could mitigate such 
        gaps.
            (2) A detailed explanation of the role of the Marine 
        Personnel Carriers in the operations of the Marine Corps, as 
        well as a comparative estimate of the acquisition and life-cycle 
        costs of--
                    (A) a fleet consisting of both Amphibious Combat 
                Vehicles and Marine Personnel Carriers; and
                    (B) a fleet consisting of only Amphibious Combat 
                Vehicles.

    (b) Submittal Date.--If required, the report under subsection (a) 
shall be submitted not later than the later of--
            (1) the date that is 60 days after the date of the 
        completion of the study referred to in subsection (a); or
            (2) February 1, 2013.
SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY RESEARCH 
                        INVESTMENTS OF THE AIR FORCE.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of the Air Force shall submit to the 
congressional defense committees a report detailing the investment 
strategy of the Air Force with respect to the spectrum of--
            (1) cyber science and technology;
            (2) autonomy, command and control, and decision support 
        technologies;
            (3) connectivity and dissemination technologies; and
            (4) processing and exploitation technologies.

    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) An identification of the near-, mid-, and far-term 
        science and technology priorities of the Air Force with respect 
        to cyber and information-related technologies and the resources 
        (including both funding and personnel) projected to address 
        these priorities.
            (2) A strategy to transition the results of the science and 
        technology priorities described in paragraph (1) into weapon 
        systems, including cyber tools.
            (3) A description of how the Air Force will recruit, train, 
        and retain a highly skilled workforce in cyber and information-
        related technologies, including the use of the authorities 
        granted under the laboratory demonstration program established 
        by section 342 of the National Defense Authorization Act for 
        Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as most 
        recently amended by section 1114 of the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
        398; 114 Stat. 1654A-315).
            (4) A description of laboratory infrastructure and research 
        facilities, including the Air Force Institute of Technology, 
        that are necessary for the accomplishment of the science and 
        technology priorities described in paragraph (1).

[[Page 126 STAT. 1688]]

SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND 
                        TECHNICAL GRADUATE EDUCATION NEEDS.

    (a) <<NOTE: Contracts.>>  Review.--The Secretary of Defense shall 
enter into an agreement with the National Research Council to conduct a 
review of specialized degree-granting graduate programs of the 
Department of Defense in science, technology, engineering, mathematics, 
and management.

    (b) Matters Included.--At a minimum, the review under subsection (a) 
shall address--
            (1) the need by the Department of Defense and the military 
        departments for military and civilian personnel with advanced 
        degrees in science, technology, engineering, mathematics, and 
        management, including a list of the numbers of such personnel 
        needed by discipline;
            (2) an analysis of the sources by which the Department of 
        Defense and the military departments obtain military and 
        civilian personnel with such advanced degrees;
            (3) the need for educational institutions under the 
        Department of Defense to meet the needs identified in paragraph 
        (1);
            (4) the costs and benefits of maintaining such educational 
        institutions, including costs relating to in-house research;
            (5) the ability of private institutions or distance-learning 
        programs to meet the needs identified in paragraph (1);
            (6) existing organizational structures, including reporting 
        chains, within the military departments to manage the graduate 
        education needs of the Department of Defense and the military 
        departments in the fields described in paragraph (1); and
            (7) recommendations for improving the ability of the 
        Department of Defense to identify, manage, and source the 
        graduate education needs of the Department in such fields.

    (c) Report.--Not later than 30 days after the date on which the 
review under subsection (a) is completed, the Secretary shall submit to 
the congressional defense committees a report on the results of such 
review.

                        Subtitle E--Other Matters

SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LABORATORIES TO 
                        ENTER INTO EDUCATIONAL PARTNERSHIPS WITH 
                        EDUCATIONAL INSTITUTIONS IN TERRITORIES 
                        AND POSSESSIONS OF THE UNITED STATES.

    (a) Eligibility of Institutions in Territories and Possessions.--
Section 2194(f) of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(3) <<NOTE: Definition.>>  The term `United States' 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, and any other territory or 
        possession of the United States.''.

    (b) Technical Amendment.--Paragraph (2) of such section is amended 
by inserting ``(20 U.S.C. 7801)'' before the period.
SEC. 252. <<NOTE: 10 USC 2358 note.>>  REGIONAL ADVANCED 
                        TECHNOLOGY CLUSTERS.

    (a) Development of Innovative Advanced Technologies.--The Secretary 
of Defense may use the research and engineering

[[Page 126 STAT. 1689]]

network of the Department of Defense, including the organic industrial 
base, to support regional advanced technology clusters established by 
the Secretary of Commerce to encourage the development of innovative 
advanced technologies to address national security and homeland defense 
challenges.
    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the appropriate congressional committees a 
report describing--
            (1) the participation of the Department of Defense in 
        regional advanced technology clusters, including the number of--
                    (A) clusters supported;
                    (B) technologies developed and transitioned to 
                acquisition programs;
                    (C) products commercialized;
                    (D) small businesses trained;
                    (E) companies started; and
                    (F) research and development facilities shared;
            (2) implementation by the Department of processes and tools 
        to facilitate collaboration with the clusters;
            (3) agreements established by the Department with the 
        Department of Commerce to jointly support the continued growth 
        of the clusters;
            (4) methods to evaluate the effectiveness of technology 
        cluster policies;
            (5) any additional required authorities and any impediments 
        to supporting regional advanced technology clusters; and
            (6) the use of any agreements entered into under the 
        Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 
        and any access granted to facilities of the Department of 
        Defense for research and development purposes.

    (c) Collaboration.--The Secretary of Defense may meet, collaborate, 
and share resources with other Federal agencies for purposes of 
assisting in the use and appropriate growth of regional advanced 
technology clusters under this section.
    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) The term ``regional advanced technology clusters'' means 
        geographic centers focused on building science and technology-
        based innovation capacity in areas of local and regional 
        strength to foster economic growth and improve quality of life.
SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-EFFECTIVENESS 
                        OF TRAINING EXERCISES FOR MEMBERS OF THE 
                        ARMED FORCES.

    It is the sense of Congress that--
            (1) modeling and simulation will continue to play a critical 
        role in the training of the members of the Armed Forces;
            (2) while increased modeling and simulation has reduced 
        overall costs of training of members of the Armed Forces,

[[Page 126 STAT. 1690]]

        there are still significant costs associated with the human 
        resources required to execute certain training exercises where 
        role-playing actors for certain characters such as opposing 
        forces, the civilian populace, other government agencies, and 
        non-governmental organizations are required;
            (3) technological advances in areas such as varying levels 
        of autonomy for systems, multi-player gaming techniques, and 
        artificial intelligence could reduce the number of personnel 
        required to support certain training exercises for members of 
        the Armed Forces, and thereby reduce the overall cost of the 
        exercises; and
            (4) the Secretary of Defense should develop a plan to 
        increase the use of emerging technologies in autonomous systems, 
        the commercial gaming sector, and artificial intelligence for 
        training exercises for members of the Armed Forces to increase 
        training effectiveness and reduce costs.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                   Subtitle B--Energy and Environment

Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into 
           cooperative agreements with Indian tribes for land management 
           associated with military installations and State-owned 
           National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at 
           military installations and briefing regarding environmental 
           exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for 
           operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from 
           Defense Production Act of 1950 for biofuel refinery 
           construction.
Sec. 316. Sense of Congress on protection of Department of Defense 
           airfields, training airspace, and air training routes.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Expansion and reauthorization of multi-trades demonstration 
           project.
Sec. 322. Restoration and amendment of certain provisions relating to 
           depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.

                          Subtitle D--Readiness

Sec. 331. Intergovernmental support agreements with State and local 
           governments.
Sec. 332. Expansion and reauthorization of pilot program for 
           availability of working-capital funds for product 
           improvements.
Sec. 333. Department of Defense national strategic ports study and 
           Comptroller General studies and reports on strategic ports.

                           Subtitle E--Reports

Sec. 341. Annual report on Department of Defense long-term corrosion 
           strategy.
Sec. 342. Report on joint strategy for readiness and training in a 
           C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense 
           report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in 
           foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on 
           Department of Defense service contract inventory.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Repeal of redundant authority to ensure interoperability of 
           law enforcement and emergency responder training.

[[Page 126 STAT. 1691]]

Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National 
           Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or 
           inactivation of Ticonderoga class cruisers or dock landing 
           ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial 
           objects without specific authorization in law.

    Subtitle G--National Commission on the Structure of the Air Force

Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.

                        Subtitle H--Other Matters

Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and 
           packaging procedures for hazardous material shipments.

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2013 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, as specified in the funding table in section 
4301.

                   Subtitle B--Energy and Environment

SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING RANGE 
                        INVENTORY.

    Section 366 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2522; 10 U.S.C. 113 
note), as most recently amended by section 348 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2159), is amended--
            (1) in subsection (a)(5), by striking ``each of fiscal years 
        2005 through 2013'' and inserting ``each fiscal year through 
        fiscal year 2018''; and
            (2) in subsection (c)(2), by striking ``fiscal years 2005 
        through 2013'' and inserting ``each fiscal year through fiscal 
        year 2018''.
SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER 
                        INTO COOPERATIVE AGREEMENTS WITH INDIAN 
                        TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH 
                        MILITARY INSTALLATIONS AND STATE-OWNED 
                        NATIONAL GUARD INSTALLATIONS.

    (a) Inclusion of Indian Tribes.--Section 103A(a) of the Sikes Act 
(16 U.S.C. 670c-1(a)) is amended in the matter preceding paragraph (1) 
by inserting ``Indian tribes,'' after ``local governments,''.
    (b) Indian Tribe Defined.--Section 100 of such Act (16 U.S.C. 670) 
is amended by adding at the end the following new paragraph:

[[Page 126 STAT. 1692]]

            ``(6) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
        which is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.''.
SEC. 313. <<NOTE: Deadlines.>>  DEPARTMENT OF DEFENSE GUIDANCE ON 
                        ENVIRONMENTAL EXPOSURES AT MILITARY 
                        INSTALLATIONS AND BRIEFING REGARDING 
                        ENVIRONMENTAL EXPOSURES TO MEMBERS OF THE 
                        ARMED FORCES.

    (a) <<NOTE: 10 USC 1074 note.>>  Issuance of Guidance Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall issue 
        guidance to the military departments and appropriate defense 
        agencies regarding environmental exposures on military 
        installations.
            (2) Elements.--The guidance issued pursuant to paragraph (1) 
        shall address, at a minimum, the following:
                    (A) The criteria for when and under what 
                circumstances public health assessments by the Agency 
                for Toxic Substances and Disease Registry must be 
                requested in connection with environmental contamination 
                at military installations, including past incidents of 
                environmental contamination.
                    (B) The procedures to be used to track and document 
                the status and nature of responses to the findings and 
                recommendations of the public health assessments of the 
                Agency of Toxic Substances and Disease Registry that 
                involve contamination at military installations.
                    (C) The appropriate actions to be undertaken to 
                assess significant long-term health risks from past 
                environmental exposures to military personnel and 
                civilian individuals from living or working on military 
                installations.
            (3) <<NOTE: Records.>>  Submission.--Not later than 30 days 
        after the issuance of the guidance required by paragraph (1), 
        the Secretary of Defense shall transmit to the congressional 
        defense committees a copy of the guidance.

    (b) Briefing Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        provide a briefing to the congressional defense committees 
        regarding materiel solutions that would measure environmental 
        exposures to members of the Armed Forces while in contingency 
        operations.
            (2) Elements.--The briefing required by paragraph (1) shall 
        include, at a minimum, the following:
                    (A) Relevant materiel solutions in development or 
                commercially available that would facilitate the 
                identification of members of the Armed Forces who have 
                individual exposures to environmental hazards, including 
                burn pits, dust or sand, hazardous materials, and waste.
                    (B) A timeline, and estimated cost, of developing 
                and deploying the materiel solutions described in 
                subparagraph (A).

[[Page 126 STAT. 1693]]

                    (C) Identification of the Department of Defense's 
                process, and any systems, that collect and maintain 
                exposure data and a description of how the Department of 
                Defense could integrate data from the materiel solutions 
                described in subparagraph (A) into those systems.
                    (D) An update regarding the sharing of environmental 
                exposure data with the Secretary of Veterans Affairs for 
                use in medical and treatment records of veterans, 
                including how the materiel solutions described in 
                subparagraph (A) can be used in determining the service-
                connectedness of health conditions and in identifying 
                possible origins and causes of disease.
SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN FOR 
                        OPERATIONAL ENERGY STRATEGY.

    (a) Report Required.--If the annual report for fiscal year 2011 
required by section 2925(b) of title 10, United States Code, is not 
submitted to the congressional defense committees by December 31, 2012, 
the Secretary of Defense shall submit, not later than June 30, 2013, to 
the congressional defense committees a report on the status of the 
targets established in the implementation plan for the operational 
energy strategy established pursuant to section 139b of such title, as 
contained in the document entitled ``Operational Energy Strategy: 
Implementation Plan, Department of Defense, March 2012''.
    (b) Elements of Report.--The report required by subsection (a) shall 
describe, at a minimum, the following:
            (1) The status of each of the targets listed in the 
        implementation plan.
            (2) The steps being taken to meet the targets.
            (3) The expected date of completion for each target, if the 
        date is different from the date indicated in the implementation 
        plan.
            (4) The reason for any delays in meeting the targets.
SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE FUNDS 
                        FROM DEFENSE PRODUCTION ACT OF 1950 FOR 
                        BIOFUEL REFINERY CONSTRUCTION.

    Amounts made available to the Department of Defense pursuant to the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) for fiscal 
year 2013 for biofuels production may not be obligated or expended for 
the construction of a biofuel refinery until the Department of Defense 
receives matching contributions from the Department of Energy and 
equivalent contributions from the Department of Agriculture for the same 
purpose.
SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT OF DEFENSE 
                        AIRFIELDS, TRAINING AIRSPACE, AND AIR 
                        TRAINING ROUTES.

    It is the sense of Congress that--
            (1) Department of Defense airfields, training airspace, and 
        air training routes are critical national assets that must be 
        protected from encroachment or mission degradations to the 
        maximum extent practicable;
            (2) placement or emplacement of obstructions near or on 
        Department of Defense airfields, training airspace, or air 
        training routes has the potential of increasing risk to military

[[Page 126 STAT. 1694]]

        aircraft and personnel as well as impacting training and 
        readiness; and
            (3) in the context of a Department of Defense operational 
        risk assessment and the Department of Defense Siting 
        Clearinghouse, the Department of Defense should develop and 
        promulgate comprehensive guidance to assess the degree to which 
        the potential encroachment of a project significantly impairs or 
        degrades the capability of the Department to conduct missions or 
        maintain readiness to the extent of presenting an unacceptable 
        risk to national security with strong consideration given to the 
        input provided by the military services.

                  Subtitle C--Logistics and Sustainment

SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES 
                        DEMONSTRATION PROJECT.

    (a) Expansion.--Section 338 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as 
most recently amended by section 329 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
67), is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:

    ``(a) Demonstration Project Authorized.--In accordance with 
subsection 4703 of title 5, United States Code, the Secretary of a 
military department may carry out a demonstration project at facilities 
described in subsection (b) under which workers who are certified at the 
journey level as able to perform multiple trades shall be promoted by 
one grade level.''; and
            (2) in subsection (b), by striking ``Logistics Center, Navy 
        Fleet Readiness Center,'' and inserting ``Logistics Complex, 
        Navy Fleet Readiness Center, Navy shipyard, Marine Corps 
        Logistics Base,''.

    (b) Reauthorization.--Such section is further amended--
            (1) in subsection (d), by striking ``2013'' and inserting 
        ``2018''; and
            (2) in subsection (e), by striking ``2014'' and inserting 
        ``2019''.
SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS RELATING 
                        TO DEPOT-LEVEL MAINTENANCE AND CORE 
                        LOGISTICS CAPABILITIES.

    (a) Repeal.--The following provisions of law are hereby repealed:
            (1) Section 2460 of title 10, United States Code (as amended 
        by section 321 of the National Defense Authorization Act for 
        Fiscal Year 2012 (Public Law 112-81)).
            (2) Section 2464 of title 10, United States Code (as amended 
        by section 327 of the National Defense Authorization Act for 
        Fiscal Year 2012).

    (b) Revival of Superseded Provisions.--
            (1) Definition of depot-level maintenance and repair.--The 
        provisions of section 2460 of title 10, United States Code, as 
        in effect on December 30, 2011 (the day before the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2012), are hereby revived.

[[Page 126 STAT. 1695]]

            (2) Core logistics capabilities.--(A) The provisions of 
        section 2464 of 10, United States Code, as in effect on that 
        date, are hereby revived.
            (B) The table of sections at the beginning of chapter 146 of 
        such title is <<NOTE: 10 USC prec. 2460.>> amended by striking 
        the item relating to section 2464 and inserting the following 
        new item:

``2464. Core logistics capabilities.''.

    (c) Amendment to Definition of Depot-level Maintenance and Repair.--
Subsection (b) of section 2460 of title 10, United States Code, as 
revived by subsection (b), is amended by striking ``or the nuclear 
refueling of an aircraft carrier'' and inserting ``or the nuclear 
refueling or defueling of an aircraft carrier and any concurrent complex 
overhaul''.
    (d) Biennial Core Report.--Section 2464 of such title, as revived by 
subsection (b), is amended by adding at the end the following new 
subsections:
    ``(d) Biennial Core Report.--Not later than April 1 of each even-
numbered year, the Secretary of Defense shall submit to Congress a 
report identifying, for each of the armed forces (except for the Coast 
Guard), for the fiscal year after the fiscal year during which the 
report is submitted, each of the following:
            ``(1) The core depot-level maintenance and repair capability 
        requirements and sustaining workloads, organized by work 
        breakdown structure, expressed in direct labor hours.
            ``(2) The corresponding workloads necessary to sustain core 
        depot-level maintenance and repair capability requirements, 
        expressed in direct labor hours and cost.
            ``(3) In any case where core depot-level maintenance and 
        repair capability requirements exceed or are expected to exceed 
        sustaining workloads, a detailed rationale for any and all 
        shortfalls and a plan either to correct or mitigate the effects 
        of the shortfalls.

    ``(e) <<NOTE: Recommenda- tions. Deadline.>>  Comptroller General 
Review.--The Comptroller General of the United States shall review each 
report submitted under subsection (d) for completeness and compliance 
and shall submit to the congressional defense committees findings and 
recommendations with respect to the report by not later than 60 days 
after the date on which the report is submitted to Congress.''.

    (e) Conforming Amendments.--
            (1) Section 2366a of title 10, United States Code, is 
        amended by striking ``core depot-level maintenance and repair 
        capabilities'' each place it appears and inserting ``core 
        logistics capabilities''.
            (2) Section 2366b(A)(3)(F) of title 10, United States Code, 
        is amended by striking ``core depot-level maintenance and repair 
        capabilities, as well as the associated logistics capabilities'' 
        and inserting ``core logistics capabilities''.
            (3) Section 801(c) of the National Defense Authorization Act 
        for Fiscal Year 2012 (125 Stat. 1483; 10 U.S.C. 2366a note) is 
        amended by striking ``core depot-level maintenance and repair 
        capabilities, as well as the associated logistics capabilities'' 
        and inserting ``core logistics capabilities''.

    (f) <<NOTE: 10 USC 2366a note.>>  Effective Date.--This section and 
the amendments made by this section shall take effect on December 31, 
2011, the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012, immediately after the enactment of that Act.

[[Page 126 STAT. 1696]]

SEC. 323. <<NOTE: 10 USC 8013 note. Compliance.>>  RATING CHAINS 
                        FOR SYSTEM PROGRAM MANAGERS.

    The Secretary of the Air Force, in managing system program 
management responsibilities for sustainment programs not assigned to a 
program executive officer or a direct reporting program manager, shall 
comply with the Department of Defense Instructions regarding assignment 
of program responsibility.

                          Subtitle D--Readiness

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

    (a) Agreements Authorized.--Chapter 137 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2336. <<NOTE: 10 USC 2336.>>  Intergovernmental support 
                  agreements with State and local governments

    ``(a) <<NOTE: Determination.>>  In General.--(1) The Secretary 
concerned may enter into an intergovernmental support agreement with a 
State or local government to provide, receive, or share installation-
support services if the Secretary determines that the agreement will 
serve the best interests of the department by enhancing mission 
effectiveness or creating efficiencies or economies of scale, including 
by reducing costs.

    ``(2) Notwithstanding any other provision of law, an 
intergovernmental support agreement under paragraph (1)--
            ``(A) may be entered into on a sole-source basis;
            ``(B) may be for a term not to exceed five years; and
            ``(C) may use, for installation-support services provided by 
        a State or local government, wage grades normally paid by that 
        State or local government.

    ``(3) An intergovernmental support agreement under paragraph (1) may 
only be used when the Secretary concerned or the State or local 
government, as the case may be, providing the installation-support 
services already provides such services for its own use.
    ``(b) Effect on First Responder Arrangements.--The authority 
provided by this section and limitations on the use of that authority 
are not intended to revoke, preclude, or otherwise interfere with 
existing or proposed mutual-aid agreements relating to police or fire 
protection services or other similar first responder agreements or 
arrangements.
    ``(c) Availability of Funds.--Funds available to the Secretary 
concerned for operation and maintenance may be used to pay for such 
installation-support services. The costs of agreements under this 
section for any fiscal year may be paid using annual appropriations made 
available for that year. Funds received by the Secretary as 
reimbursement for providing installation-support services pursuant to 
such an agreement shall be credited to the appropriation or account 
charged with providing installation support.
    ``(d) Effect on OMB Circular A-76.-- The Secretary concerned shall 
ensure that intergovernmental support agreements authorized by this 
section are not used to circumvent the requirements of Office of 
Management and Budget Circular A-76 regarding public-private 
competitions.
    ``(e) Definitions.--In this section:

[[Page 126 STAT. 1697]]

            ``(1) The term `installation-support services' means those 
        services, supplies, resources, and support typically provided by 
        a local government for its own needs and without regard to 
        whether such services, supplies, resources, and support are 
        provided to its residents generally, except that the term does 
        not include security guard or fire-fighting functions.
            ``(2) The term `local government' includes a county, parish, 
        municipality, city, town, township, local public authority, 
        school district, special district, and any agency or 
        instrumentality of a local government.
            ``(3) The term `State' includes the District of Columbia, 
        the Commonwealths of Puerto Rico and the Northern Mariana 
        Islands, American Samoa, Guam, and the United States Virgin 
        Islands, and any agency or instrumentality of a State.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is <<NOTE: 10 USC prec. 2301.>> amended by adding at the 
end the following new item:

``2336. Intergovernmental support agreements with State and local 
           governments.''.

SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM FOR 
                        AVAILABILITY OF WORKING-CAPITAL FUNDS FOR 
                        PRODUCT IMPROVEMENTS.

    (a) Expansion.--Section 330 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 68) is amended--
            (1) in subsection (a), by inserting ``, the Secretary of the 
        Navy, and the Secretary of the Air Force (in this section 
        referred to as the `Secretary concerned')'' after ``the 
        Secretary of the Army'';
            (2) in subsection (d)--
                    (A) by inserting ``by the Secretary concerned'' 
                after ``submitted''; and
                    (B) by inserting ``by the Secretary concerned'' 
                after ``used''; and
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``the Assistant 
                Secretary of the Army for Acquisition, Logistics, and 
                Technology, in consultation with the Assistant Secretary 
                of the Army for Financial Management and Comptroller,'' 
                and inserting ``the Secretary concerned''; and
                    (B) in paragraph (2), by striking ``the Assistant 
                Secretary of the Army for Acquisition, Logistics, and 
                Technology'' and inserting ``the Secretary concerned''.

    (b) Covered Product Improvements.--Subsection (b) of such section is 
amended--
            (1) by inserting ``retrofit, modernization, upgrade, or 
        rebuild of a'' before ``component''; and
            (2) by striking ``reliability and maintainability'' and 
        inserting ``reliability, availability, and maintainability''.

    (c) Limitation on Certain Projects.--Subsection (c)(1) of such 
section is amended by striking ``performance envelope'' and inserting 
``capability''.
    (d) Reporting Requirement.--Subsection (e) of such section is 
amended--
            (1) in paragraph (2), by striking ``2012'' and inserting 
        ``2017''; and

[[Page 126 STAT. 1698]]

            (2) in paragraph (3), by striking ``60 days'' and inserting 
        ``45 days''.

    (e) Extension.--Subsection (f) of such section, as amended by 
section 354 of the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112-81; 125 Stat. 1377), is further amended by striking 
``2014'' and inserting ``2018''.
    (f) Clerical Amendment.--The heading of such section is amended by 
striking ``to army''.
SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS STUDY AND 
                        COMPTROLLER GENERAL STUDIES AND REPORTS ON 
                        STRATEGIC PORTS.

    (a) Sense of Congress on Completion of DOD Report.--It is the sense 
of Congress that the Secretary of Defense should expedite completion of 
the study of strategic ports in the United States called for in the 
conference report to accompany the National Defense Authorization Act 
for Fiscal Year 2012 (Conference Report 112-329) so that it can be 
submitted to Congress before December 31, 2012.
    (b) Comptroller General Sufficiency Review.--
            (1) Submission of dod report.--In addition to submitting the 
        report referred to in subsection (a) to Congress, the Secretary 
        of Defense shall submit the report to the Comptroller General of 
        the United States.
            (2) Sufficiency review.--Not later than 90 days after 
        receiving the report under paragraph (1), the Comptroller 
        General shall--
                    (A) conduct a sufficiency review of the report; and
                    (B) submit to the congressional defense committees a 
                report containing the results of the review.

    (c) Comptroller General Study and Report on Strategic Ports.--
            (1) Study and report required.--Not later than 270 days 
        after the date of the enactment of this Act, the Comptroller 
        General shall--
                    (A) conduct a study of the programs and efforts of 
                the Department of Defense related to the state of 
                strategic ports with respect to the operational and 
                readiness requirements of the Department; and
                    (B) submit to the congressional defense committees a 
                report containing the findings of the study.
            (2) Elements of study.--The study required by paragraph (1) 
        shall include an assessment of--
                    (A) the extent to which the facilities at strategic 
                ports meet the requirements of the Department of 
                Defense;
                    (B) the extent to which the Department has 
                identified gaps in the ability of existing strategic 
                ports to meet its needs and identified and undertaken 
                efforts to address any gaps; and
                    (C) the ability of the Department to oversee, 
                coordinate, and provide security for military 
                deployments through strategic ports.

    (d) Strategic Port Defined.--In this section, the term ``strategic 
port'' means a United States port designated by the Secretary of Defense 
as a significant transportation hub important to the readiness and cargo 
throughput capacity of the Department of Defense.

[[Page 126 STAT. 1699]]

                           Subtitle E--Reports

SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE LONG-TERM 
                        CORROSION STRATEGY.

    Section 2228(e) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by inserting ``, including 
                available validated data on return on investment for 
                completed corrosion projects and activities'' after 
                ``the strategy'';
                    (B) in subparagraph (E), by striking ``For the 
                fiscal year covered by the report and the preceding 
                fiscal year'' and inserting ``For the fiscal year 
                preceding the fiscal year covered by the report''; and
                    (C) by inserting at the end the following new 
                subparagraph:
            ``(F) For the fiscal year preceding the fiscal year covered 
        by the report, a description of the specific amount of funds 
        used for military corrosion projects, the Technical Corrosion 
        Collaboration pilot program, and other corrosion-related 
        activities.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).
SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND TRAINING IN A 
                        C4ISR-DENIED ENVIRONMENT.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Chairman of the Joint Chiefs of Staff, shall submit to Congress a 
report on the readiness of the joint force to conduct operations in 
environments where there is no access to Command, Control, 
Communications, Computers, Intelligence, Surveillance, and 
Reconnaissance (in this section referred to as ``C4ISR'') systems, 
including satellite communications, classified Internet protocol-based 
networks, and the Global Positioning System (in this section referred to 
as ``GPS'').
    (b) Contents of Report.--The report required by subsection (a) shall 
include a description of the steps taken and planned to be taken--
            (1) to identify likely threats to the C4ISR systems of the 
        United States, including both weapons and those states with such 
        capabilities as well as the most likely areas in which C4ISR 
        systems could be at risk;
            (2) to identify vulnerabilities to the C4ISR systems of the 
        United States that could result in a C4ISR-denied environment;
            (3) to determine how the Armed Forces should respond in 
        order to reconstitute C4ISR systems, prevent further denial of 
        C4ISR systems, and develop counter-attack capabilities;
            (4) to determine which types of joint operations could be 
        feasible in an environment in which access to C4ISR systems is 
        restricted or denied;
            (5) to conduct training and exercises for sustaining combat 
        and logistics operations in C4ISR-denied environments; and
            (6) to propose changes to current tactics, techniques, and 
        procedures to prepare to operate in an environment in which 
        C4ISR systems are degraded or denied for 48-hour, 7-day, 30-day, 
        or 60-day periods.

[[Page 126 STAT. 1700]]

    (c) Joint Exercise Plan Required.--Based on the findings of the 
report required by subsection (a), the Chairman of the Joint Chiefs of 
Staff shall develop a roadmap and joint exercise plan for the joint 
force to operate in an environment where access to C4ISR systems, 
including satellite communications, classified Internet protocol-based 
networks, and the GPS network, is denied. The plan and joint exercise 
program shall include--
            (1) the development of alternatives to satellite 
        communications, classified Internet protocol-based networks, and 
        GPS for logistics, intelligence, surveillance, reconnaissance, 
        and combat operations; and
            (2) methods to mitigate dependency on satellite 
        communications, classified Internet protocol-based networks, and 
        GPS;
            (3) methods to protect vulnerable satellite communications, 
        classified Internet protocol-based networks, and GPS; and
            (4) a joint exercise and training plan to include fleet 
        battle experiments, to enable the force to operate in a 
        satellite communications, Internet protocol-based network, and 
        GPS-denied environment.

    (d) Form of Report.--The report required to be submitted by 
subsection (a) shall be submitted in unclassified form, but may include 
a classified annex.
SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT OF 
                        DEFENSE REPORT ON PREPOSITIONED MATERIEL 
                        AND EQUIPMENT.

    Section 2229a(b)(1) of title 10, United States Code, is amended--
            (1) by striking ``By not later than 120 days after the date 
        on which a report is submitted under subsection (a), the'' and 
        inserting ``The''; and
            (2) by striking ``the report'' and inserting ``each report 
        submitted under subsection (a)''.
SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF 
                        VESSELS IN FOREIGN SHIPYARDS.

    Section 7310(c) of title 10, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``The report'' and inserting the following: 
                ``Except as provided in paragraph (4), the report''; and
                    (B) in subparagraph (A), by inserting after 
                ``justification under law'' the following: ``and 
                operational justification'';
            (2) by redesignating paragraph (4) as paragraph (5);
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) In the case of a covered vessel described in 
        subparagraph (C) of paragraph (5), the report shall not be 
        required to include the information described in subparagraphs 
        (A), (E), (F), (G), and (I) of paragraph (3).''; and
            (4) in paragraph (5), as redesignated by paragraph (2) of 
        this section, by adding at the end the following new 
        subparagraph:
            ``(C) A vessel not described in subparagraph (A) or (B) that 
        is operated pursuant to a contract entered into by the Secretary 
        of the Navy and the Maritime Administration or

[[Page 126 STAT. 1701]]

        the United States Transportation Command in support of 
        Department of Defense operations.''.
SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON 
                        DEPARTMENT OF DEFENSE SERVICE CONTRACT 
                        INVENTORY.

    Section 803(c) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2402) is amended by striking 
``180 days'' and inserting ``270 days''.

           Subtitle F--Limitations and Extension of Authority

SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY 
                        OF LAW ENFORCEMENT AND EMERGENCY RESPONDER 
                        TRAINING.

    Section 372 of title 10, United States Code, is amended--
            (1) by striking ``(a) In General.--''; and
            (2) by striking subsection (b).
SEC. 352. <<NOTE: 10 USC 221 note.>>  AEROSPACE CONTROL ALERT 
                        MISSION.

    (a) Consolidated Budget Exhibit.--The Secretary of Defense shall 
establish a consolidated budget justification display that fully 
identifies the baseline aerospace control alert budget for each of the 
military services and encompasses all programs and activities of the 
aerospace control alert mission for each of the following functions:
            (1) Procurement.
            (2) Operation and maintenance.
            (3) Research, development, testing, and evaluation.
            (4) Military construction.

    (b) Report.--
            (1) Report to congress.--Not later than April 1, 2013, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report that provides a cost-benefit analysis and 
        risk-based assessment of the aerospace control alert mission as 
        it relates to expected future changes to the budget and force 
        structure of such mission.
            (2) Comptroller general review.--Not later than 120 days 
        after the date on which the Secretary submits the report 
        required by paragraph (1), the Comptroller General of the United 
        States shall--
                    (A) conduct a review of the Department of Defense 
                cost-benefit analysis and risk-based assessment 
                contained in the report; and
                    (B) submit to the congressional defense committees a 
                report on the findings of such review.

    (c) Sense of Congress on the Essential Service Provided by Air Force 
Wings Performing Aerospace Control Alert Missions.--It is the sense of 
Congress that Air Force wings performing the 24-hour aerospace control 
alert missions provide an essential service in defending the sovereign 
airspace of the United States in the aftermath of the terrorist attacks 
upon the United States on September 11, 2001.

[[Page 126 STAT. 1702]]

SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR THE 
                        NATIONAL MUSEUM OF THE UNITED STATES ARMY.

    Of the amounts authorized to be appropriated for Operation and 
Maintenance for fiscal year 2013, not more than $5,000,000 shall be made 
available for the National Museum of the United States Army until the 
Secretary of the Army submits to the congressional defense committees 
certification in writing that sufficient private funding has been raised 
to fund the construction of the portion of the museum known as the 
``Baseline Museum'' and that at least 50 percent of the Baseline Museum 
has been completed.
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OR 
                        INACTIVATION OF TICONDEROGA CLASS CRUISERS 
                        OR DOCK LANDING SHIPS.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2013 for the Department of 
Defense may be obligated or expended to retire, prepare to retire, 
inactivate, or place in storage a cruiser or dock landing ship.
SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS 
                        MEMORIAL OBJECTS WITHOUT SPECIFIC 
                        AUTHORIZATION IN LAW.

    (a) Codification of Prohibition.--Section 2572 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) Except as provided in paragraph (3), and notwithstanding 
this section or any other provision of law, the President may not 
transfer a veterans memorial object to a foreign country or an entity 
controlled by a foreign government, or otherwise transfer or convey such 
an object to any person or entity for purposes of the ultimate transfer 
or conveyance of the object to a foreign country or entity controlled by 
a foreign government.
    ``(2) <<NOTE: Definitions.>>  In this subsection:
            ``(A) The term `entity controlled by a foreign government' 
        has the meaning given that term in section 2536(c)(1) of this 
        title.
            ``(B) The term `veterans memorial object' means any object, 
        including a physical structure or portion thereof, that--
                    ``(i) is located at a cemetery of the National 
                Cemetery System, war memorial, or military installation 
                in the United States;
                    ``(ii) is dedicated to, or otherwise memorializes, 
                the death in combat or combat-related duties of members 
                of the armed forces; and
                    ``(iii) was brought to the United States from abroad 
                as a memorial of combat abroad.

    ``(3) The prohibition imposed by paragraph (1) does not apply to a 
transfer of a veterans memorial object if--
            ``(A) the transfer of that veterans memorial object is 
        specifically authorized by law; or
            ``(B) the transfer is made after September 30, 2017.''.

    (b) Repeal of Obsolete Source Law.--Section 1051 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 10 
U.S.C. 2572 note) is repealed.

[[Page 126 STAT. 1703]]

Subtitle G--National <<NOTE: National Commission on the Structure of the 
Air Force Act of 2012.>> Commission on the Structure of the Air Force
SEC. 361. SHORT TITLE.

    This subtitle may be cited as the ``National Commission on the 
Structure of the Air Force Act of 2012''.
SEC. 362. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the National Commission on 
the Structure of the Air Force (in this subtitle referred to as the 
``Commission'').
    (b) Membership.--
            (1) <<NOTE: Appointments. President. Congress.>>  
        Composition.--The Commission shall be composed of eight members, 
        of whom--
                    (A) four shall be appointed by the President;
                    (B) one shall be appointed by the Chairman of the 
                Committee on Armed Services of the Senate;
                    (C) one shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the Senate;
                    (D) one shall be appointed by the Chairman of the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (E) one shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the House of 
                Representatives.
            (2) Appointment date.--The appointments of the members of 
        the Commission shall be made not later than 90 days after the 
        date of the enactment of this Act.
            (3) Effect of lack of appointment by appointment date.--If 
        one or more appointments under subparagraph (A) of paragraph (1) 
        is not made by the appointment date specified in paragraph (2), 
        the authority to make such appointment or appointments shall 
        expire, and the number of members of the Commission shall be 
        reduced by the number equal to the number of appointments so not 
        made. If an appointment under subparagraph (B), (C), (D), or (E) 
        of paragraph (1) is not made by the appointment date specified 
        in paragraph (2), the authority to make an appointment under 
        such subparagraph shall expire, and the number of members of the 
        Commission shall be reduced by the number equal to the number 
        otherwise appointable under such subparagraph.
            (4) Expertise.--In making appointments under this 
        subsection, consideration should be given to individuals with 
        expertise in reserve forces policy.

    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) <<NOTE: Deadline.>>  Initial Meeting.--Not later than 30 days 
after the date on which all members of the Commission have been 
appointed, the Commission shall hold its first meeting.

    (e) Meetings.--The Commission shall meet at the call of the Chair.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

[[Page 126 STAT. 1704]]

    (g) Chair and Vice Chairman.--The Commission shall select a Chair 
and Vice Chair from among its members.
SEC. 363. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall undertake a 
        comprehensive study of the structure of the Air Force to 
        determine whether, and how, the structure should be modified to 
        best fulfill current and anticipated mission requirements for 
        the Air Force in a manner consistent with available resources.
            (2) Considerations.--In considering the structure of the Air 
        Force, the Commission shall give particular consideration to 
        evaluating a structure that--
                    (A) meets current and anticipated requirements of 
                the combatant commands;
                    (B) achieves an appropriate balance between the 
                regular and reserve components of the Air Force, taking 
                advantage of the unique strengths and capabilities of 
                each;
                    (C) ensures that the regular and reserve components 
                of the Air Force have the capacity needed to support 
                current and anticipated homeland defense and disaster 
                assistance missions in the United States;
                    (D) provides for sufficient numbers of regular 
                members of the Air Force to provide a base of trained 
                personnel from which the personnel of the reserve 
                components of the Air Force could be recruited;
                    (E) maintains a peacetime rotation force to support 
                operational tempo goals of 1:2 for regular members of 
                the Air Forces and 1:5 for members of the reserve 
                components of the Air Force; and
                    (F) maximizes and appropriately balances 
                affordability, efficiency, effectiveness, capability, 
                and readiness.

    (b) Report.--Not later than February 1, 2014, the Commission shall 
submit to the President and the congressional defense committees a 
report which shall contain a detailed statement of the findings and 
conclusions of the Commission as a result of the study required by 
subsection (a), together with its recommendations for such legislation 
and administrative actions it may consider appropriate in light of the 
results of the study.
SEC. 364. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence as 
the Commission considers advisable to carry out this subtitle.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this subtitle. Upon request 
of the Chair of the Commission, the head of such department or agency 
shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

[[Page 126 STAT. 1705]]

SEC. 365. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as officers 
or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Chair of the Commission may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Commission to 
        perform its duties. The employment of an executive director 
        shall be subject to confirmation by the Commission.
            (2) Compensation.--The Chair of the Commission may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 of 
        title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.

    (d) Detail of Government Employees.--Any Federal Government employee 
may be detailed to the Commission without reimbursement, and such detail 
shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The Chair 
of the Commission may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for individuals 
which do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
such title.
SEC. 366. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report under section 363.
SEC. 367. FUNDING.

    Amounts authorized to be appropriated for fiscal year 2013 and 
available for operation and maintenance for the Air Force as specified 
in the funding table in section 4301 may be available for the activities 
of the Commission under this subtitle.

[[Page 126 STAT. 1706]]

                        Subtitle H--Other Matters

SEC. 371. MILITARY WORKING DOG MATTERS.

    (a) Retirement of Military Working Dogs.--Section 2583 of title 10, 
United States Code, is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f) Transfer of Retired Military Working Dogs.--If the Secretary 
of the military department concerned determines that a military working 
dog should be retired, and no suitable adoption is available at the 
military facility where the dog is located, the Secretary may transfer 
the dog--
            ``(1) to the 341st Training Squadron; or
            ``(2) to another location for adoption under this 
        section.''.

    (b) Veterinary Care for Retired Military Working Dogs.--
            (1) In general.--Chapter 50 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 994. <<NOTE: 10 USC 994.>>  Military working dogs: 
                veterinary care for retired military working dogs

    ``(a) In General.--The Secretary of Defense may establish and 
maintain a system to provide for the veterinary care of retired military 
working dogs. No funds may be provided by the Federal Government for 
this purpose.
    ``(b) Eligible Dogs.--A retired military working dog eligible for 
veterinary care under this section is any military working dog adopted 
under section 2583 of this title.
    ``(c) Standards of Care.--The veterinary care provided under the 
system authorized by this section shall meet such standards as the 
Secretary shall establish and from time to time update.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 50 of such title is <<NOTE: 10 USC prec. 
        991.>> amended by adding at the end the following new item:

``994. Military working dogs: veterinary care for retired military 
           working dogs.''.

SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, LABELING, AND 
                        PACKAGING PROCEDURES FOR HAZARDOUS 
                        MATERIAL SHIPMENTS.

    (a) Comptroller General Review.--The Comptroller General of the 
United States shall conduct a review of the policies and procedures of 
the Department of Defense for the handling, labeling, and packaging of 
hazardous material shipments.
    (b) Matters Included.--The review conducted under subsection (a) 
shall address the following:
            (1) The relevant statutes, regulations, and guidance and 
        policies of the Department of Defense pertaining to the 
        handling, labeling, and packaging procedures of hazardous 
        material shipments to support military operations.
            (2) The extent to which such guidance, policies, and 
        procedures contribute to the safe, timely, and cost-effective 
        handling of such material.
            (3) The extent to which discrepancies in Department of 
        Transportation guidance, policies, and procedures pertaining

[[Page 126 STAT. 1707]]

        to handling, labeling, and packaging of hazardous material 
        shipments in commerce and similar Department of Defense 
        guidance, policies, and procedures pertaining to the handling, 
        labeling, and packaging of hazardous material shipments impact 
        the safe, timely, and cost-effective handling of such material.
            (4) Any additional matters that the Comptroller General 
        determines will further inform the appropriate congressional 
        committees on issues related to the handling, labeling, and 
        packaging procedures for hazardous material shipments to members 
        of the Armed Forces worldwide.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the appropriate 
congressional committees a report of the review conducted under 
subsection (a).
    (d) <<NOTE: Definition.>>  Appropriate Congressional Committees.--In 
this section, the term ``appropriate congressional committees'' means 
the following:
            (1) The congressional defense committees.
            (2) The Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular 
           component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps 
           Security Guard Program.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2013, as follows:
            (1) The Army, 552,100.
            (2) The Navy, 322,700.
            (3) The Marine Corps, 197,300.
            (4) The Air Force, 329,460.

[[Page 126 STAT. 1708]]

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

    (a) Minimum End Strength.--Subsection (b) of section 691 of title 
10, United States Code, is amended by striking paragraphs (1) through 
(4) and inserting the following new paragraphs:
            ``(1) For the Army, 542,700.
            ``(2) For the Navy, 322,700.
            ``(3) For the Marine Corps, 193,500.
            ``(4) For the Air Force, 329,460.''.

    (b) Limited Reduction Authority.--Such section is further amended by 
inserting after subsection (d) the following new subsection:
    ``(e) The Secretary of Defense may reduce a number specified in 
subsection (b) by not more than 0.5 percent.''.
SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR REGULAR 
                        COMPONENT OF THE ARMY AND MARINE CORPS.

    (a) Annual Limitation on Army End Strength Reductions.--The end 
strength of the regular component of the Army shall not be reduced by 
more than 15,000 members during each of fiscal years 2014 through 2017 
from the end strength of the regular component of the Army at the end of 
the preceding fiscal year.
    (b) Annual Limitation on Marine Corps End Strength Reductions.--The 
end strength of the regular component of the Marine Corps shall not be 
reduced by more than 5,000 members during each of fiscal years 2014 
through 2017 from the end strength of the regular component of the 
Marine Corps at the end of the preceding fiscal year.
SEC. 404. <<NOTE: 10 USC 5983 note.>>  ADDITIONAL MARINE CORPS 
                        PERSONNEL FOR THE MARINE CORPS SECURITY 
                        GUARD PROGRAM.

    (a) Additional Personnel.--
            (1) <<NOTE: Plans.>>  In general.--The Secretary of Defense 
        shall develop and implement a plan to increase the number of 
        members of the Marine Corps assigned to the Marine Corps Embassy 
        Security Group at Quantico, Virginia, and Marine Security Group 
        Regional Commands and Marine Security Group detachments at 
        United States embassies, consulates, and other diplomatic 
        facilities by up to 1,000 Marines.
            (2) Purpose.--The purpose of the increase under paragraph 
        (1) is to provide the additional end strength and the resources 
        necessary to support enhanced Marine Corps security at United 
        States embassies, consulates, and other diplomatic facilities, 
        particularly at locations identified by the Secretary of State 
        as in need of additional security because of threats to United 
        States personnel and property.

    (b) Consultation.--The Secretary of Defense shall develop and 
implement the plan required by subsection (a) in consultation with the 
Secretary of State pursuant to the responsibility of the Secretary of 
State for diplomatic security under section 103 of the Diplomatic 
Security Act (22 U.S.C. 4802), and in accordance with any current 
memorandum of understanding between the Department of State and the 
Marine Corps on the operational and administrative supervision of the 
Marine Corps Security Guard Program.

[[Page 126 STAT. 1709]]

    (c) Supporting Information for Budget Requests.--The material 
submitted in support of the budget of the President for each fiscal year 
after fiscal year 2013, as submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, shall include the following 
with regard to the Marine Corps Security Guard Program:
            (1) A description of the expanded security support to be 
        provided by Marine Corps Security Guards to the Department of 
        State during that fiscal year, including--
                    (A) any increased internal security to be provided 
                at United States embassies, consulates, and other 
                diplomatic facilities;
                    (B) any increased support for emergency action 
                planning, training, and advising of host nation security 
                forces; and
                    (C) any expansion of intelligence collection 
                activities.
            (2) A description of the current status of Marine Corps 
        personnel assigned to the Marine Corps Security Guard Program as 
        a result of the plan required by subsection (a).
            (3) A description of the Department of Defense resources 
        required during that fiscal year for the Marine Corps Security 
        Guard Program, including total funding for personnel, operation 
        and maintenance, and procurement, and for key supporting 
        programs to enable both the current and expanded Program mission 
        during that fiscal year.

    (d) Preservation of Funding for Marine Corps Under National Military 
Strategy.--In <<NOTE: President.>> determining the amounts to be 
requested for each fiscal year after fiscal year 2013 for the Marine 
Corps Security Guard Program and for additional personnel under the 
Program, the President shall ensure that amounts requested for the 
Marine Corps for that fiscal year do not degrade the readiness of the 
Marine Corps to fulfill the requirements of the National Military 
Strategy prescribed by the Chairman of the Joint Chiefs of Staff.

    (e) Reporting Requirements.--
            (1) Mission assessment.--Not later than October 1, 2013, the 
        Secretary of Defense shall--
                    (A) conduct an assessment of the mission of the 
                Marine Corps Security Guard Program and the procedural 
                rules of engagement under the Program, in light of 
                current and emerging threats to United States diplomatic 
                personnel; and
                    (B) submit to Congress a report on the assessment, 
                including a description and assessment of options to 
                improve the Program to respond to such threats.
            (2) <<NOTE: President. Determination.>>  Notification of 
        changes in scope of program in response to changing threats.--If 
        the President determines that a modification (whether an 
        increase or a decrease) in the scope of the Marine Corps 
        Security Guard Program is necessary or advisable in light of any 
        change in the nature of threats to United States embassies, 
        consulates, and other diplomatic facilities abroad, the 
        President shall--
                    (A) notify Congress of such modification and the 
                change in the nature of threats prompting such 
                modification; and
                    (B) take such modification into account in 
                requesting an end strength and funds for the Program for 
                any fiscal year in which such modification is in effect.

[[Page 126 STAT. 1710]]

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2013, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 62,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 105,700.
            (6) The Air Force Reserve, 70,880.
            (7) The Coast Guard Reserve, 9,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
                        THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2013, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 16,277.
            (3) The Navy Reserve, 10,114.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,765.
            (6) The Air Force Reserve, 2,888.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2013 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army National Guard of the United States, 
        27,210.
            (2) For the Army Reserve, 8,395.

[[Page 126 STAT. 1711]]

            (3) For the Air National Guard of the United States, 22,180.
            (4) For the Air Force Reserve, 10,400.
SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL STATUS 
                        TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard as 
        of September 30, 2013, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United States, 
                350.
            (2) Army reserve.--The number of non-dual status technicians 
        employed by the Army Reserve as of September 30, 2013, may not 
        exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2013, may not exceed 90.

    (b) Non-dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
                        ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2013, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time on 
full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2013 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as specified in the 
funding table in section 4401.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal year 
2013.

[[Page 126 STAT. 1712]]

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early 
           retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include 
           all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for 
           Regular Navy warrant officers in the grade of Chief Warrant 
           Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of 
           active service as a commissioned officer required for 
           voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver 
           limitation for lieutenant colonels and colonels in the Army, 
           Air Force, and Marine Corps and commanders and captains in 
           the Navy.
Sec. 507. Modification to limitations on number of officers for whom 
           service-in-grade requirements may be reduced for retirement 
           in grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.

                Subtitle B--Reserve Component Management

Sec. 511. Codification of staff assistant positions for Joint Staff 
           related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National 
           Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist 
           members of reserve components who serve on active duty for 
           more than 180 consecutive days.

                 Subtitle C--General Service Authorities

Sec. 518. Authority for additional behavioral health professionals to 
           conduct pre-separation medical exams for post-traumatic 
           stress disorder.
Sec. 519. Diversity in the Armed Forces and related reporting 
           requirements.
Sec. 520. Limitation on reduction in number of military and civilian 
           personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover 
           for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career 
           flexibility to enhance retention of members of the Armed 
           Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the 
           Armed Forces for any individual convicted of a felony sexual 
           offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical 
           Evaluation Boards, and Physical Evaluation Board Liaison 
           Officers.
Sec. 525. Reports on involuntary separation of members of the Armed 
           Forces.
Sec. 526. Report on feasibility of developing gender-neutral 
           occupational standards for military occupational specialties 
           currently closed to women.
Sec. 527. Report on education and training and promotion rates for 
           pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability 
           Evaluation System on readiness of Armed Forces to meet 
           mission requirements.

             Subtitle D--Military Justice and Legal Matters

Sec. 531. Clarification and enhancement of the role of Staff Judge 
           Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the 
           Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed 
           Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

Sec. 541. Transfer of Troops-to-Teachers Program from Department of 
           Education to Department of Defense and enhancements to the 
           Program.
Sec. 542. Support of Naval Academy athletic and physical fitness 
           programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of 
           civilian credentialing for military occupational specialty 
           skills.

[[Page 126 STAT. 1713]]

Sec. 544. State consideration of military training in granting certain 
           State certifications and licenses as a condition on the 
           receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military 
           installations by representatives of institutions of higher 
           education.
Sec. 546. Report on Department of Defense efforts to standardize 
           educational transcripts issued to separating members of the 
           Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint 
           professional military education matters.

    Subtitle F--Reserve Officers' Training Corps and Related Matters

Sec. 551. Repeal of requirement for eligibility for in-State tuition of 
           at least 50 percent of participants in Senior Reserve 
           Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms, 
           tentage, and equipment to educational institutions not 
           maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of 
           units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps 
           programs.

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

Sec. 561. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are 
           carried during pregnancy at time of dependent-abuse offense 
           committed by an individual while a member of the Armed 
           Forces.
Sec. 565. Modification of authority to allow Department of Defense 
           domestic dependent elementary and secondary schools to enroll 
           certain students.
Sec. 566. Noncompetitive appointment authority regarding certain 
           military spouses.
Sec. 567. Report on future of family support programs of the Department 
           of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component 
           members who are victims of sexual assault while on active 
           duty.
Sec. 572. Additional elements in comprehensive Department of Defense 
           policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the 
           military departments to respond to allegations of certain 
           special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault 
           prevention and response.
Sec. 575. Modification of annual Department of Defense reporting 
           requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of 
           Military Justice and judicial proceedings of sexual assault 
           cases.
Sec. 577. Retention of certain forms in connection with Restricted 
           Reports on sexual assault at request of the member of the 
           Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in 
           separation of members of the Armed Forces making an 
           Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and 
           response to sexual harassment in the Armed Forces.

              Subtitle I--Suicide Prevention and Resilience

Sec. 580. Enhancement of oversight and management of Department of 
           Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of 
           the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.

                        Subtitle J--Other Matters

Sec. 584. Issuance of prisoner-of-war medal.

[[Page 126 STAT. 1714]]

Sec. 585. Technical amendments relating to the termination of the Armed 
           Forces Institute of Pathology under defense base closure and 
           realignment.
Sec. 586. Modification of requirement for reports in Federal Register on 
           institutions of higher education ineligible for contracts and 
           grants for denial of ROTC or military recruiter access to 
           campus.
Sec. 587. Acceptance of gifts and services related to educational 
           activities and voluntary services to account for missing 
           persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and 
           territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry 
           civilians to certain Department of Defense educational 
           institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral 
           and counseling services to veterans at risk of homelessness 
           who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of 
           Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with 
           respect to Port Mortuary Division of the Air Force Mortuary 
           Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for 
           Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment 
           Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps 
           should be designated as the National Song of Military 
           Remembrance.

             Subtitle A--Officer Personnel Policy Generally

SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFICERS ON ACTIVE 
                        DUTY.

    (a) Additional Flag Officer Authorized.--Section 526(a)(2) of title 
10, United States Code, is amended by striking ``160'' and inserting 
``162''.
    (b) Corresponding Change in Computing Number of Flag Officers in 
Staff Corps of the Navy.--Section 5150(c) of such title is amended by 
striking the last sentence.
    (c) Modification of Effective Date of Certain Reforms of the 
Strength and Distribution Limitations Applicable to Marine Corps General 
Officers.--Paragraph (3) of section 502(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 
1387; 10 U.S.C. 525 note) is amended to read as follows:
            ``(3) Effective dates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amendments made by this subsection 
                shall take effect on October 1, 2013.
                    ``(B) Marine corps officers.--The amendments made by 
                paragraphs (1)(A)(iv) and (2)(D) shall take effect on 
                October 1, 2012.''.
SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE EARLY 
                        RETIREMENT BOARDS AND EARLY DISCHARGES.

    Section 638a of title 10 United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking ``, during the period beginning on 
                October 1, 1990,'' and all that follows through 
                ``December 31, 2012,''; and
                    (C) by adding at the end the following new 
                paragraph:

[[Page 126 STAT. 1715]]

    ``(2) <<NOTE: Expiration date.>>  Any authority provided to the 
Secretary of a military department under paragraph (1) shall expire on 
the date specified by the Secretary of Defense, but such expiration date 
may not be later than December 31, 2018.'';
            (2) in subsection (b), by striking paragraph (3) and 
        redesignating paragraph (4) as paragraph (3);
            (3) in subsection (c), by adding at the end the following 
        new paragraph:

    ``(4) <<NOTE: Waiver authority.>>  In the case of an action under 
subsection (b)(2), the Secretary of Defense may also authorize the 
Secretary of the military department concerned to waive the five-year 
period specified in section 638(c) of this title if the Secretary of 
Defense determines that it is necessary for the Secretary of that 
military department to have such authority in order to meet mission 
needs.''; and
            (4) in subsection (d)--
                    (A) by striking ``subsection (b)(4)'' each place it 
                appears and inserting ``subsection (b)(3)''; and
                    (B) in paragraph (2), by striking ``except that 
                during the period beginning on October 1, 2006, and 
                ending on December 31, 2012,'' in subparagraphs (A) and 
                (B) and inserting ``except that through December 31, 
                2018,''.
SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT TO 
                        INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR 
                        JOINT TRAINING AND EDUCATION.

    Section 668(b)(1)(B) of title 10, United States Code, is amended by 
striking ``assignments for joint'' and all that follows through ``Phase 
II'' and inserting ``student assignments for joint training and 
education''.
SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS OF 
                        SERVICE FOR REGULAR NAVY WARRANT OFFICERS 
                        IN THE GRADE OF CHIEF WARRANT OFFICER, W-
                        5.

    Section 1305(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``A regular warrant officer (other 
                than a regular Army warrant officer)'' and inserting 
                ``Subject to paragraphs (2) and (3), a regular warrant 
                officer''; and
                    (B) by striking ``he'' and inserting ``the 
                officer''; and
            (2) by adding at the end the following new paragraph:

    ``(3) In the case of a regular Navy warrant officer in the grade of 
chief warrant officer, W-5, the officer shall be retired 60 days after 
the date on which the officer completes 33 years of total active 
service.''.
SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM 
                        LENGTH OF ACTIVE SERVICE AS A COMMISSIONED 
                        OFFICER REQUIRED FOR VOLUNTARY RETIREMENT 
                        AS AN OFFICER.

    (a) Army.--Section 3911(b)(2) of title 10, United States Code, is 
amended by striking ``September 30, 2013'' and inserting ``September 30, 
2018''.
    (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is 
amended by striking ``September 30, 2013'' and inserting ``September 30, 
2018''.
    (c) Air Force.--Section 8911(b)(2) of such title is amended by 
striking ``September 30, 2013'' and inserting ``September 30, 2018''.

[[Page 126 STAT. 1716]]

SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT 
                        WAIVER LIMITATION FOR LIEUTENANT COLONELS 
                        AND COLONELS IN THE ARMY, AIR FORCE, AND 
                        MARINE CORPS AND COMMANDERS AND CAPTAINS 
                        IN THE NAVY.

     Section 1370(a)(2)(F) of title 10, United States Code, is amended--
            (1) by striking ``the period ending on December 31, 2007'' 
        and inserting ``fiscal years 2013 through 2018'';
            (2) by striking ``Air Force'' and inserting ``Army, Air 
        Force, and Marine Corps''; and
            (3) by striking ``in the period''.
SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS FOR 
                        WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE 
                        REDUCED FOR RETIREMENT IN GRADE UPON 
                        VOLUNTARY RETIREMENT.

     Section 1370(a)(2) of title 10, United States Code, is amended--
            (1) in subparagraph (E)--
                    (A) by inserting ``(i)'' after ``exceed''; and
                    (B) by inserting before the period at the end the 
                following: ``or (ii) in the case of officers of that 
                armed force in a grade specified in subparagraph (G), 
                two officers, whichever number is greater''; and
            (2) by adding at the end the following new subparagraph:

    ``(G) Notwithstanding subparagraph (E), during fiscal years 2013 
through 2017, the total number of brigadier generals and major generals 
of the Army, Air Force, and Marine Corps, and the total number of rear 
admirals (lower half) and rear admirals of the Navy, for whom a 
reduction is made under this section during any fiscal year of service-
in-grade otherwise required under this paragraph may not exceed 10 
percent of the authorized active-duty strength for that fiscal year for 
officers of that armed force in those grades.''.
SEC. 508. AIR FORCE CHIEF OF CHAPLAINS.

    (a) Establishment of Positions; Appointment.--Chapter 805 of title 
10, United States Code, is amended by adding at the end the following 
new section:
``Sec. 8039. <<NOTE: 10 USC 8039.>>  Chief of Chaplains: 
                  appointment; duties

    ``(a) <<NOTE: President.>>  Chief of Chaplains.--(1) There is a 
Chief of Chaplains in the Air Force, appointed by the President, by and 
with the advice and consent of the Senate, from officers of the Air 
Force designated under section 8067(h) of this title as chaplains who--
            ``(A) are serving in the grade of colonel or above;
            ``(B) are serving on active duty; and
            ``(C) have served on active duty as a chaplain for at least 
        eight years.

    ``(2) An officer appointed as the Chief of Chaplains shall be 
appointed for a term of three years. However, the President may 
terminate or extend the appointment at any time.
    ``(3) The Chief of Chaplains shall perform such duties as may be 
prescribed by the Secretary of the Air Force and by law.
    ``(b) <<NOTE: Regulations.>>  Selection Board.--Under regulations 
approved by the Secretary of Defense, the Secretary of the Air Force, in 
selecting an officer for recommendation to the President for appointment 
as the Chief of Chaplains, shall ensure that the officer selected

[[Page 126 STAT. 1717]]

is recommended by a board of officers that, insofar as practicable, is 
subject to the procedures applicable to the selection boards convened 
under chapter 36 of this title.

    ``(c) Grade.--An officer appointed as Chief of Chaplains who holds a 
lower regular grade may be appointed in the regular grade of major 
general.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is <<NOTE: 10 USC prec. 8031.>> amended by adding at the 
end the following new item:

``8039. Chief of Chaplains: appointment; duties.''.

                Subtitle B--Reserve Component Management

SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS FOR JOINT 
                        STAFF RELATED TO NATIONAL GUARD AND 
                        RESERVE MATTERS.

    (a) Codification of Existing Positions.--Chapter 5 of title 10, 
United States Code, is amended by inserting after section 155 the 
following new section:
``Sec. 155a. <<NOTE: 10 USC 155a.>>  Assistants to the Chairman of 
                  the Joint Chiefs of Staff for National Guard 
                  matters and Reserve matters

    ``(a) Establishment of Positions.--The Secretary of Defense shall 
establish the following positions within the Joint Staff:
            ``(1) Assistant to the Chairman of the Joint Chiefs of Staff 
        for National Guard Matters.
            ``(2) Assistant to the Chairman of the Joint Chiefs of Staff 
        for Reserve Matters.

    ``(b) Selection.--(1) The Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters shall be selected by the 
Chairman from officers of the Army National Guard of the United States 
or the Air Guard of the United States who--
            ``(A) are recommended for such selection by their respective 
        Governors or, in the case of the District of Columbia, the 
        commanding general of the District of Columbia National Guard;
            ``(B) have had at least 10 years of federally recognized 
        commissioned service in the National Guard and significant joint 
        duty experience, as determined by the Chairman; and
            ``(C) are in a grade above the grade of colonel.

    ``(2) The Assistant to the Chairman of the Joint Chiefs of Staff for 
Reserve Matters shall be selected by the Chairman from officers of the 
Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air 
Force Reserve who--
            ``(A) are recommended for such selection by the Secretary of 
        the military department concerned;
            ``(B) have had at least 10 years of commissioned service in 
        their reserve component and significant joint duty experience, 
        as determined by the Chairman; and
            ``(C) are in a grade above the grade of colonel or, in the 
        case of the Navy Reserve, captain.

    ``(c) Term of Office.--Each Assistant to the Chairman of the Joint 
Chiefs of Staff under subsection (a) serves at the pleasure

[[Page 126 STAT. 1718]]

of the Chairman for a term of two years and may be continued in that 
assignment in the same manner for one additional term. However, in time 
of war there is no limit on the number of terms.
    ``(d) Grade.--Each Assistant to the Chairman of the Joint Chiefs of 
Staff under subsection (a), while so serving, holds the grade of major 
general or, in the case of the Navy Reserve, rear admiral. Each such 
officer shall be considered to be serving in a position covered by the 
limited exclusion from the authorized strength of general officers and 
flag officers on active duty provided by section 526(b) of this title.
    ``(e) Duties.--(1) The Assistant to the Chairman of the Joint Chiefs 
of Staff for National Guard Matters is an adviser to the Chairman on 
matters relating to the National Guard and performs the duties 
prescribed for that position by the Chairman.
    ``(2) The Assistant to the Chairman of the Joint Chiefs of Staff for 
Reserve Matters is an adviser to the Chairman on matters relating to the 
reserves and performs the duties prescribed for that position by the 
Chairman.
    ``(f) Other Reserve Component Representation on Joint Staff.--The 
Secretary of Defense, in consultation with the Chairman of the Joint 
Chiefs of Staff, shall develop appropriate policy guidance to ensure 
that, to the maximum extent practicable, the level of representation of 
reserve component officers on the Joint Staff is commensurate with the 
significant role of the reserve components within the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is <<NOTE: 10 USC prec. 151.>> amended by inserting after 
the item related to section 155 the following new item:

``155a. Assistants to the Chairman of the Joint Chiefs of Staff for 
           National Guard matters and Reserve matters.''.

    (c) Repeal of Superseded Law.--Section 901 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 155 
note) is repealed.
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF CERTAIN 
                        NATIONAL GUARD WARRANT OFFICERS.

    Section 310(a) of title 32, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Notwithstanding''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Notwithstanding sections 307 and 309 of this title, if a 
warrant officer, W-1, of the National Guard is promoted to the grade of 
chief warrant officer, W-2, to fill a vacancy in a federally recognized 
unit in the National Guard, Federal recognition is automatically 
extended to that officer in the grade of chief warrant officer, W-2, 
effective as of the date on which that officer has completed the service 
in the grade prescribed by the Secretary concerned under section 12242 
of title 10, if the warrant officer has remained in an active status 
since the warrant officer was so recommended.''.
SEC. 513. <<NOTE: 10 USC 12681.>>  AVAILABILITY OF TRANSITION 
                        ASSISTANCE ADVISORS TO ASSIST MEMBERS OF 
                        RESERVE COMPONENTS WHO SERVE ON ACTIVE 
                        DUTY FOR MORE THAN 180 CONSECUTIVE DAYS.

    (a) Transition Assistance Advisor Program Authorized.--The Chief of 
the National Guard Bureau may establish a program to provide 
professionals (to be known as Transition Assistance

[[Page 126 STAT. 1719]]

Advisors) in each State to serve as points of contact to assist eligible 
members of the reserve components in accessing benefits and health care 
furnished under laws administered by the Secretary of Defense and 
benefits and health care furnished under laws administered by the 
Secretary of Veterans Affairs.
    (b) Eligible Members.--To be eligible for assistance under this 
section, a member of a reserve component must have served on active duty 
in the Armed Forces for a period of more than 180 consecutive days.
    (c) Duties.--The duties of a Transition Assistance Advisor include 
the following:
            (1) To assist with the creation and execution of an 
        individual transition plan for an eligible member of a reserve 
        component and dependents of the member for the reintegration of 
        the member into civilian life.
            (2) To provide employment support services to the member and 
        dependents of the member, including assistance with finding 
        employment opportunities and identifying and obtaining 
        assistance from programs within and outside of the Federal 
        Government.
            (3) To provide information on relocation, health care, 
        mental health care, and financial support services available to 
        the member and dependents of the member from the Department of 
        Defense, the Department of Veterans Affairs, and other Federal, 
        State, and local agencies.
            (4) To provide information on educational support services 
        available to the member, including Post-9/11 Educational 
        Assistance under chapter 33 of title 38, United States Code.

    (d) Transition Plans.--The individual transition plan referred to in 
subsection (c)(1) created for an eligible member of a reserve component 
shall include at a minimum the following:
            (1) A plan for the transition of the member to civilian 
        life, including with respect to employment, education, and 
        health care.
            (2) A description of the transition services that the member 
        and dependents of the member will need to achieve their 
        transition objectives, including information on any forms that 
        the member will need to fill out to be eligible for such 
        services.
            (3) A point of contact for each agency or entity that can 
        provide the transition services described in paragraph (2).
            (4) Such other information determined to be essential for 
        the transition of the member, as determined by the Chief of the 
        National Guard Bureau in consultation with the Secretary of 
        Defense and the Secretary of Veterans Affairs.

    (e) Funding.--Funding for Transition Assistance Advisors for a 
fiscal year shall be derived from amounts authorized to be appropriated 
for operation and maintenance for the National Guard for that fiscal 
year.
    (f) State Defined.--In this section, the term ``State'' means each 
of the several States of the United States, the District of Columbia, 
and any territory of the United States.

[[Page 126 STAT. 1720]]

                 Subtitle C--General Service Authorities

SEC. 518. AUTHORITY FOR ADDITIONAL BEHAVIORAL HEALTH PROFESSIONALS 
                        TO CONDUCT PRE-SEPARATION MEDICAL EXAMS 
                        FOR POST-TRAUMATIC STRESS DISORDER.

    Section 1177(a) of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``or psychiatrist'' and 
        inserting ``psychiatrist, licensed clinical social worker, or 
        psychiatric advanced practice registered nurse''; and
            (2) in paragraph (3), by striking ``or psychiatrist'' and 
        inserting ``, psychiatrist, licensed clinical social worker, or 
        psychiatric advanced practice registered nurse''.
SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED REPORTING 
                        REQUIREMENTS.

    (a) Plan to Achieve Military Leadership Reflecting Diversity of 
United States Population.--
            (1) In general.--Chapter 37 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 656. <<NOTE: 10 USC 656.>>  Diversity in military 
                leadership: plan

    ``(a) Plan.--The Secretary of Defense (and the Secretary of Homeland 
Security in the case of the Coast Guard when it is not operating as a 
service in the Department of the Navy) shall develop and implement a 
plan to accurately measure the efforts of the Department of Defense and 
the Coast Guard to achieve a dynamic, sustainable level of members of 
the armed forces (including reserve components) that, among both 
commissioned officers and senior enlisted personnel of each armed force, 
will reflect the diverse population of the United States eligible to 
serve in the armed forces, including gender specific, racial, and ethnic 
populations. Any metric established pursuant to this subsection may not 
be used in a manner that undermines the merit-based processes of the 
Department of Defense and the Coast Guard, including such processes for 
accession, retention, and promotion. Such metrics may not be combined 
with the identification of specific quotas based upon diversity 
characteristics. The Secretary concerned shall continue to account for 
diversified language and cultural skills among the total force of the 
armed forces.
    ``(b) Metrics to Measure Progress in Developing and Implementing 
Plan.--In <<NOTE: Procedures.>> developing and implementing the plan 
under subsection (a), the Secretary of Defense and the Secretary of 
Homeland Security shall develop a standard set of metrics and collection 
procedures that are uniform across the armed forces. The metrics 
required by this subsection shall be designed--
            ``(1) to accurately capture the inclusion and capability 
        aspects of the armed forces' broader diversity plans, including 
        race, ethnic, and gender specific groups, as potential factors 
        of force readiness that would supplement continued accounting by 
        the Department of Defense and the Coast Guard of diversified 
        language and cultural skills among the total force as part of 
        the assessment of current and future national security needs; 
        and
            ``(2) to be verifiable and systematically linked to 
        strategic plans that will drive improvements.

[[Page 126 STAT. 1721]]

    ``(c) Definition of Diversity.--In developing and implementing the 
plan under subsection (a), the Secretary of Defense and the Secretary of 
Homeland Security shall develop a uniform definition of diversity.
    ``(d) Consultation.--Not less than annually, the Secretary of 
Defense and the Secretary of Homeland Security shall meet with the 
Secretaries of the military departments, the Joint Chiefs of Staff, the 
Commandant of the Coast Guard, and senior enlisted members of the armed 
forces to discuss the progress being made toward developing and 
implementing the plan established under subsection (a).
    ``(e) Cooperation With States.--The Secretary of Defense shall 
coordinate with the National Guard Bureau and States in tracking the 
progress of the National Guard toward developing and implementing the 
plan established under subsection (a).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is <<NOTE: 10 USC prec. 651.>> amended 
        by adding at the end the following new item:

``656. Diversity in military leadership: plan.''.

    (b) Inclusion in DOD Manpower Requirements Report.--Section 115a of 
such title is amended by inserting after subsection (f) the following 
new subsection:
    ``(g) In each report submitted under subsection (a) during fiscal 
years 2013 through 2017, the Secretary shall also include a detailed 
discussion of the following:
            ``(1) The progress made in implementing the plan required by 
        section 656 of this title to accurately measure the efforts of 
        the Department to reflect the diverse population of the United 
        States eligible to serve in the armed forces.
            ``(2) The number of members of the armed forces, including 
        reserve components, listed by gender and race or ethnicity for 
        each rank under each military department.
            ``(3) The number of members of the armed forces, including 
        reserve components, who were promoted during the year covered by 
        the report, listed by gender and race or ethnicity for each rank 
        under each military department.
            ``(4) The number of members of the armed forces, including 
        reserve components, who reenlisted or otherwise extended the 
        commitment to military service during the year covered by the 
        report, listed by gender and race or ethnicity for each rank 
        under each military department.
            ``(5) The available pool of qualified candidates for the 
        general officer grades of general and lieutenant general and the 
        flag officer grades of admiral and vice admiral.''.

    (c) Coast Guard Report.--
            (1) Annual report required.--The Secretary of Homeland 
        Security (or the Secretary of the Navy in the event the Coast 
        Guard is operating as a service in the Department of the Navy) 
        shall prepare an annual report addressing diversity among 
        commissioned officers of the Coast Guard and Coast Guard Reserve 
        and among enlisted personnel of the Coast Guard and Coast Guard 
        Reserve. The report shall include--
                    (A) an assessment of the available pool of qualified 
                candidates for the flag officer grades of admiral and 
                vice admiral;

[[Page 126 STAT. 1722]]

                    (B) the number of such officers and personnel, 
                listed by gender and race or ethnicity for each rank;
                    (C) the number of such officers and personnel who 
                were promoted during the year covered by the report, 
                listed by gender and race or ethnicity for each rank; 
                and
                    (D) the number of such officers and personnel who 
                reenlisted or otherwise extended the commitment to the 
                Coast Guard during the year covered by the report, 
                listed by gender and race or ethnicity for each rank.
            (2) Submission.--The report under paragraph (1) shall be 
        submitted during each of fiscal years 2013 through 2017 not 
        later than 45 days after the date on which the President submits 
        to Congress the budget for the next fiscal year under section 
        1105 of title 31, United States Code. Each report shall be 
        submitted to the Committee on Armed Services, the Committee on 
        Transportation and Infrastructure, and the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Armed Services and the Committee on Commerce, Science, and 
        Transportation of the Senate.
SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND 
                        CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH 
                        SERVICE REVIEW AGENCIES.

    Section 1559(a) of title 10, United States Code, is amended by 
striking ``December 31, 2013'' and inserting ``December 31, 2016''.
SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED LEAVE 
                        CARRYOVER FOR MEMBERS OF THE ARMED FORCES.

    Section 701(d) of title 10, United States Code, is amended by 
striking ``September 30, 2013'' and inserting ``September 30, 2015''.
SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER 
                        FLEXIBILITY TO ENHANCE RETENTION OF 
                        MEMBERS OF THE ARMED FORCES.

    (a) Extension of Programs to Certain Active Guard and Reserve 
Personnel.--Section 533 of Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is amended--
            (1) in subsection (a)(1), by inserting ``and members on 
        active Guard and Reserve duty'' after ``officers and enlisted 
        members of the regular components'';
            (2) by redesignating subsection (l) as subsection (m); and
            (3) by inserting after subsection (k) the following new 
        subsection (l):

    ``(l) Definition.--In this section, the term `active Guard and 
Reserve duty' has the meaning given that term in section 101(d)(6) of 
title 10, United States Code.''.
    (b) Authority To Carry Forward Unused Accrued Leave.--Subsection (h) 
of such section is amended by adding at the end the following new 
paragraph:
            ``(5) Leave.--A member who participates in a pilot program 
        is entitled to carry forward the leave balance existing as of 
        the day on which the member begins participation and accumulated 
        in accordance with section 701 of title 10, United States Code, 
        but not to exceed 60 days.''.

[[Page 126 STAT. 1723]]

    (c) Authority for Disability Processing.--Subsection (j) of such 
section is amended--
            (1) in the subsection heading, by striking ``Medical and 
        Dental Care'' and inserting ``Continued Entitlements'';
            (2) by striking ``for purposes of the entitlement'' and 
        inserting ``for purposes of--
            ``(1) the entitlement'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following new paragraph:
            ``(2) retirement or separation for physical disability under 
        the provisions of chapters 55 and 61 of title 10, United States 
        Code.''.
SEC. 523. <<NOTE: 10 USC 504 note.>>  PROHIBITION ON WAIVER FOR 
                        COMMISSIONING OR ENLISTMENT IN THE ARMED 
                        FORCES FOR ANY INDIVIDUAL CONVICTED OF A 
                        FELONY SEXUAL OFFENSE.

    An individual may not be provided a waiver for commissioning or 
enlistment in the Armed Forces if the individual has been convicted 
under Federal or State law of a felony offense of any of the following:
            (1) Rape.
            (2) Sexual abuse.
            (3) Sexual assault.
            (4) Incest.
            (5) Any other sexual offense.
SEC. 524. <<NOTE: 10 USC 1222 note.>>  QUALITY REVIEW OF MEDICAL 
                        EVALUATION BOARDS, PHYSICAL EVALUATION 
                        BOARDS, AND PHYSICAL EVALUATION BOARD 
                        LIAISON OFFICERS.

    (a) In General.--The Secretary of Defense shall standardize, assess, 
and monitor the quality assurance programs of the military departments 
to evaluate the following in the performance of their duties (including 
duties under chapter 61 of title 10, United States Code):
            (1) Medical Evaluation Boards.
            (2) Physical Evaluation Boards.
            (3) Physical Evaluation Board Liaison Officers.

    (b) Objectives.--The objectives of the quality assurance program 
shall be as follows:
            (1) To ensure accuracy and consistency in the determinations 
        and decisions of Medical Evaluation Boards and Physical 
        Evaluation Boards.
            (2) To otherwise monitor and sustain proper performance of 
        the duties of Medical Evaluation Boards and Physical Evaluation 
        Boards, and of Physical Evaluation Board Liaison Officers.
            (3) Such other objectives as the Secretary shall specify for 
        purposes of the quality assurance program.

    (c) Reports.--
            (1) Report on implementation.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the appropriate committees of Congress a report 
        setting forth the plan of the Secretary for the implementation 
        of the requirements of this section.
            (2) Annual reports.--Not later than one year after the date 
        of the submittal of the report required by paragraph (1), and 
        annually thereafter for the next four years, the Secretary shall 
        submit to the appropriate committees of Congress

[[Page 126 STAT. 1724]]

        a report setting forth an assessment of the implementation of 
        the requirements of this section during the one-year period 
        ending on the date of the report under this paragraph. Each 
        report shall include, in particular, an assessment of the extent 
        to which the quality assurance program under the requirements of 
        this section meets the objectives specified in subsection (b).
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF THE 
                        ARMED FORCES.

    (a) Periodic Reports Required.--Not later than 30 days after the end 
of each half-year period during calendar years 2013 and 2014, the 
Secretary of each military department shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the number of members of the regular components of the Armed Forces 
under the jurisdiction of such Secretary who were involuntarily 
separated from active duty in the Armed Forces (for reasons other than 
for cause) to meet force reduction requirements during the six-month 
period covered by the report.
    (b) Elements.--Each report on an Armed Force under subsection (a) 
shall set forth the following for the period covered by the report:
            (1) The total number members of that Armed Force 
        involuntarily separated from active duty in the Armed Forces 
        (for reasons other than for cause) to meet force reduction 
        requirements.
            (2) The number of members covered by paragraph (1) 
        separately set forth by grade, by total years of service in the 
        Armed Forces at the time of separation, and by military 
        occupational specialty or rating (or competitive category in the 
        case of officers).
            (3) The number of members covered by paragraph (1) who 
        received involuntary separation pay, or who are authorized to 
        receive temporary retired pay, in connection with the 
        separation.
            (4) The number of members covered by paragraph (1) who 
        completed transition assistance programs relating to future 
        employment.
            (5) The average number of months members covered by 
        paragraph (1) were deployed to overseas contingency operations, 
        separately set forth by grade.
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL 
                        OCCUPATIONAL STANDARDS FOR MILITARY 
                        OCCUPATIONAL SPECIALTIES CURRENTLY CLOSED 
                        TO WOMEN.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report evaluating the feasibility of incorporating gender-
neutral occupational standards for military occupational specialties 
closed, as of the date of the enactment of this Act, to female members 
of the Armed Forces.

[[Page 126 STAT. 1725]]

SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION RATES FOR 
                        PILOTS OF REMOTELY PILOTED AIRCRAFT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Air Force and the Chief of 
Staff of the Air Force shall jointly submit to the congressional defense 
committees a report on education and training and promotion rates for 
Air Force pilots of remotely piloted aircraft (RPA).
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A detailed analysis of the reasons for persistently 
        lower average education and training and promotion rates for Air 
        Force pilots of remotely piloted aircraft.
            (2) An assessment of the long-term impact on the Air Force 
        of the sustainment of such lower rates.
            (3) A plan to raise such rates, including--
                    (A) a description of the near-term and longer-term 
                actions the Air Force intends to undertake to implement 
                the plan; and
                    (B) an analysis of the potential direct and indirect 
                impacts of the plan on the achievement and sustainment 
                of the combat air patrol objectives of the Air Force for 
                remotely piloted aircraft.
SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE INTEGRATED 
                        DISABILITY EVALUATION SYSTEM ON READINESS 
                        OF ARMED FORCES TO MEET MISSION 
                        REQUIREMENTS.

    (a) Annual Impact Statement.--In the materials submitted to Congress 
in support of the budget for the Department of Defense for each of 
fiscal years 2014 through 2018, the Secretary of each military 
department shall include a statement concerning the extent to which the 
number of members of an Armed Force under the jurisdiction of the 
Secretary who are within the Integrated Disability Evaluation System 
impacts--
            (1) the readiness of that Armed Force to meet on-going 
        mission requirements; and
            (2) dwell time for other members of that Armed Force.

    (b) Response Plan.--If the statement of the Secretary of a military 
department under subsection (a) for a fiscal year concludes that an 
adverse impact on readiness or dwell time of an Armed Force is 
occurring, the Secretary shall include with the budget materials a plan 
describing how the Armed Force will mitigate the impact.

             Subtitle D--Military Justice and Legal Matters

SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE ROLE OF STAFF JUDGE 
                        ADVOCATE TO THE COMMANDANT OF THE MARINE 
                        CORPS.

    (a) Appointment by the President and Permanent Appointment to Grade 
of Major General.--Subsection (a) of section 5046 of title 10, United 
States Code, is amended--

[[Page 126 STAT. 1726]]

            (1) in the first sentence, by striking ``detailed'' and 
        inserting ``appointed by the President, by and with the advice 
        and consent of the Senate,''; and
            (2) by striking the second sentence and inserting the 
        following new sentence: ``If the officer to be appointed as the 
        Staff Judge Advocate to the Commandant of the Marine Corps holds 
        a grade lower than the grade of major general immediately before 
        the appointment, the officer shall be appointed in the grade of 
        major general.''.

    (b) Duties, Authority, and Accountability.--Such section is further 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) The Staff Judge Advocate to the Commandant of the Marine 
Corps, under the direction of the Commandant of the Marine Corps and the 
Secretary of the Navy, shall--
            ``(1) perform such duties relating to legal matters arising 
        in the Marine Corps as may be assigned to the Staff Judge 
        Advocate;
            ``(2) perform the functions and duties, and exercise the 
        powers, prescribed for the Staff Judge Advocate to the 
        Commandant of the Marine Corps in chapter 47 (the Uniform Code 
        of Military Justice) and chapter 53 of this title; and
            ``(3) perform such other duties as may be assigned to the 
        Staff Judge Advocate.''.

    (c) Composition of Headquarters, Marine Corps.--Section 5041(b) of 
such title is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) The Staff Judge Advocate to the Commandant of the 
        Marine Corps.''.

    (d) Supervision of Certain Legal Services.--
            (1) Administration of military justice.--Section 806(a) of 
        such title (article 6(a) of the Uniform Code of Military 
        Justice) is amended in the third sentence by striking ``The 
        Judge Advocate General'' and all that follows through ``shall'' 
        and inserting ``The Judge Advocates General, and within the 
        Marine Corps the Staff Judge Advocate to the Commandant of the 
        Marine Corps, or senior members of their staffs, shall''.
            (2) Delivery of legal assistance.--Section 1044(b) of such 
        title is amended by inserting ``, and within the Marine Corps 
        the Staff Judge Advocate to the Commandant of the Marine 
        Corps,'' after ``jurisdiction of the Secretary''.
SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS OF 
                        THE COMMITTEE ON THE UNIFORM CODE OF 
                        MILITARY JUSTICE.

    Subsection (c)(2) of section 946 of title 10, United States Code 
(article 146 of the Uniform Code of Military Justice), is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):

[[Page 126 STAT. 1727]]

            ``(B) Information from the Judge Advocates General and the 
        Staff Judge Advocate to the Commandant of the Marine Corps on 
        the following:
                    ``(i) The appellate review process, including--
                          ``(I) information on compliance with 
                      processing time goals;
                          ``(II) discussions of the circumstances 
                      surrounding cases in which general court-martial 
                      or special court-martial convictions are reversed 
                      as a result of command influence or denial of the 
                      right to a speedy review or otherwise remitted due 
                      to loss of records of trial or other 
                      administrative deficiencies; and
                          ``(III) discussions of cases in which a 
                      provision of this chapter is held 
                      unconstitutional.
                    ``(ii) Measures implemented by each armed force to 
                ensure the ability of judge advocates to competently 
                participate as trial and defense counsel in, and preside 
                as military judges over, capital cases, national 
                security cases, sexual assault cases, and proceedings of 
                military commissions.
                    ``(iii) The independent views of the Judge Advocates 
                General and the Staff Judge Advocate to the Commandant 
                of the Marine Corps on the sufficiency of resources 
                available within their respective armed forces, 
                including total workforce, funding, training, and 
                officer and enlisted grade structure, to capably perform 
                military justice functions.''.
SEC. 533. <<NOTE: 10 USC prec. 1030 note.>>  PROTECTION OF RIGHTS 
                        OF CONSCIENCE OF MEMBERS OF THE ARMED 
                        FORCES AND CHAPLAINS OF SUCH MEMBERS.

    (a) Protection of Rights of Conscience.--
            (1) Accommodation.--The Armed Forces shall accommodate the 
        beliefs of a member of the armed forces reflecting the 
        conscience, moral principles, or religious beliefs of the member 
        and, in so far as practicable, may not use such beliefs as the 
        basis of any adverse personnel action, discrimination, or denial 
        of promotion, schooling, training, or assignment.
            (2) Disciplinary or administrative action.--Nothing in 
        paragraph (1) precludes disciplinary or administrative action 
        for conduct that is proscribed by chapter 47 of title 10, United 
        States Code (the Uniform Code of Military Justice), including 
        actions and speech that threaten good order and discipline.

    (b) Protection of Chaplain Decisions Relating to Conscience, Moral 
Principles, or Religious Beliefs.--No member of the Armed Forces may--
            (1) require a chaplain to perform any rite, ritual, or 
        ceremony that is contrary to the conscience, moral principles, 
        or religious beliefs of the chaplain; or
            (2) discriminate or take any adverse personnel action 
        against a chaplain, including denial of promotion, schooling, 
        training, or assignment, on the basis of the refusal by the 
        chaplain to comply with a requirement prohibited by paragraph 
        (1).

    (c) Regulations.--The Secretary of Defense shall issue regulations 
implementing the protections afforded by this section.
SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES.

    (a) Reports Required.--Not later than 180 days after the date of the 
enactment of this Act, each Secretary of a military department (and the 
Secretary of Homeland Security in the case

[[Page 126 STAT. 1728]]

of the Coast Guard) shall submit to the congressional committees 
specified in subsection (c) a report on hazing in each Armed Force under 
the jurisdiction of the Secretary.
    (b) Elements.--The report on an Armed Force required by subsection 
(a) shall include the following:
            (1) An evaluation of the definition of hazing contained in 
        the Secretary of Defense Policy Memorandum dated August 28, 
        1997.
            (2) A discussion of the policies of the Armed Force for 
        preventing and responding to incidents of hazing.
            (3) A description of the methods implemented to track and 
        report, including report anonymously, incidents of hazing in the 
        Armed Force.
            (4) An assessment by the Secretary submitting the report of 
        the following:
                    (A) The scope of the problem of hazing in the Armed 
                Force.
                    (B) The training on recognizing and preventing 
                hazing provided members of the Armed Force.
                    (C) The actions taken to prevent and respond to 
                hazing incidents in the Armed Force.
                    (D) The extent to which the Uniform Code of Military 
                Justice specifically addresses the prosecution of 
                persons subject to the Code who are alleged to have 
                committed hazing.
                    (E) The feasibility of establishing a database to 
                track, respond to, and resolve incidents of hazing.
            (5) A description of the additional actions, if any, the 
        Secretary submitting the report proposes to take to further 
        address the incidence of hazing in the Armed Force.
            (6) Any recommended changes to the Uniform Code of Military 
        Justice or the Manual for Courts-Martial to improve the 
        prosecution of persons alleged to have committed hazing in the 
        Armed Forces.

    (c) Submission of Reports.--The reports required by subsection (a) 
shall be submitted--
            (1) to the Committee on Armed Services and the Committee on 
        Commerce, Science, and Transportation of the Senate; and
            (2) to the Committee on Armed Services and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT 
                        OF EDUCATION TO DEPARTMENT OF DEFENSE AND 
                        ENHANCEMENTS TO THE PROGRAM.

    (a) <<NOTE: 10 USC 1154 note.>>  Transfer of Functions.--
            (1) Transfer.--The responsibility and authority for 
        operation and administration of the Troops-to-Teachers Program 
        in chapter A of subpart 1 of part C of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 
        et seq.) is transferred from the Secretary of Education to the 
        Secretary of Defense.

[[Page 126 STAT. 1729]]

            (2) Memorandum of agreement.--In connection with the 
        transfer of responsibility and authority for operation and 
        administration of the Troops-to-Teachers Program from the 
        Secretary of Education to the Secretary of Defense under 
        paragraph (1), the Secretaries shall enter into a memorandum of 
        agreement pursuant to which the Secretary of Education will 
        undertake the following:
                    (A) Disseminate information about the Troops-to-
                Teachers Program to eligible schools (as defined in 
                subsection (a) of section 1154 of title 10, United 
                States Code, as added by subsection (b)).
                    (B) Advise the Department of Defense on how to 
                prepare eligible members of the Armed Forces described 
                in subsection (d) of such section 1154 to become 
                participants in the Program, to meet the requirements 
                necessary to become a teacher in a school described in 
                subsection (b)(2) of such section 1154, and to find 
                post-service employment in an eligible school.
                    (C) Advise the Department of Defense on how to 
                identify teacher preparation programs for participants 
                in the Program.
                    (D) Inform the Department of Defense of academic 
                subject areas with critical teacher shortages.
                    (E) Identify geographic areas with critical teacher 
                shortages, especially in high-need schools (as defined 
                in subsection (a) of such section 1154).
            (3) Effective date.--The transfer of responsibility and 
        authority for operation and administration of the Troops-to-
        Teachers Program under paragraph (1) shall take effect--
                    (A) on the first day of the first month beginning 
                more than 90 days after the date of the enactment of 
                this Act; or
                    (B) on such earlier date as the Secretary of 
                Education and the Secretary of Defense may jointly 
                provide.

    (b) Enactment of Program Authority in Title 10, United States 
Code.--
            (1) In general.--Chapter 58 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 1154. <<NOTE: 10 USC 1154.>>  Assistance to eligible 
                  members and former members to obtain employment 
                  as teachers: Troops-to-Teachers Program

    ``(a) Definitions.--In this section:
            ``(1) Charter school.--The term `charter school' has the 
        meaning given that term in section 5210(1) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i(1)).
            ``(2) Eligible school.--The term `eligible school' means--
                    ``(A) a public school, including a charter school, 
                at which--
                          ``(i) at least 30 percent of the students 
                      enrolled in the school are from families with 
                      incomes below 185 percent of poverty level (as 
                      defined by the Office of Management and Budget and 
                      revised at least annually in accordance with 
                      section 9(b)(1) of the Richard B. Russell National 
                      School Lunch Act (42

[[Page 126 STAT. 1730]]

                      U.S.C. 1758(b)(1)) applicable to a family of the 
                      size involved; or
                          ``(ii) at least 13 percent of the students 
                      enrolled in the school qualify for assistance 
                      under part B of the Individuals with Disabilities 
                      Education Act (20 U.S.C.1411 et seq.); or
                    ``(B) a Bureau-funded school as defined in section 
                1141(3) of the Education Amendments of 1978 (25 U.S.C. 
                2021(3)).
            ``(3) High-need school.--The term `high-need school' means--
                    ``(A) an elementary or middle school in which at 
                least 50 percent of the enrolled students are children 
                from low-income families, based on the number of 
                children eligible for free and reduced priced lunches 
                under the Richard B. Russell National School Lunch Act 
                (42 U.S.C. 1751 et seq.), the number of children in 
                families receiving assistance under the State program 
                funded under part A of title IV of the Social Security 
                Act (42 U.S.C. 601 et seq.), the number of children 
                eligible to receive medical assistance under the 
                Medicaid program, or a composite of these indicators;
                    ``(B) a high school in which at least 40 percent of 
                enrolled students are children from low-income families, 
                which may be calculated using comparable data from 
                feeder schools; or
                    ``(C) a school that is in a local educational agency 
                that is eligible under section 6211(b) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 7345(b)).
            ``(4) Member of the armed forces.--The term `member of the 
        armed forces' includes a retired or former member of the armed 
        forces.
            ``(5) Participant.--The term `participant' means an eligible 
        member of the armed forces selected to participate in the 
        Program.
            ``(6) Program.--The term `Program' means the Troops-to-
        Teachers Program authorized by this section.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Defense.
            ``(8) Additional terms.--The terms `elementary school', 
        `local educational agency', `secondary school', and `State' have 
        the meanings given those terms in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).

    ``(b) Program Authorization.--The Secretary of Defense may carry out 
a Troops-to-Teachers Program--
            ``(1) to assist eligible members of the armed forces 
        described in subsection (d) to meet the requirements necessary 
        to become a teacher in a school described in paragraph (2); and
            ``(2) to facilitate the employment of such members--
                    ``(A) by local educational agencies or charter 
                schools that the Secretary of Education identifies as--
                          ``(i) receiving grants under part A of title I 
                      of the Elementary and Secondary Education Act of 
                      1965 (20 U.S.C. 6301 et seq.) as a result of 
                      having within their jurisdictions concentrations 
                      of children from low-income families; or

[[Page 126 STAT. 1731]]

                          ``(ii) experiencing a shortage of teachers, in 
                      particular a shortage of science, mathematics, 
                      special education, foreign language, or career or 
                      technical teachers; and
                    ``(B) in elementary schools or secondary schools, or 
                as career or technical teachers.

    ``(c) Counseling and Referral Services.--The Secretary may provide 
counseling and referral services to members of the armed forces who do 
not meet the eligibility criteria described in subsection (d), including 
the education qualification requirements under paragraph (3)(B) of such 
subsection.
    ``(d) Eligibility and Application Process.--
            ``(1) Eligible members.--The following members of the armed 
        forces are eligible for selection to participate in the Program:
                    ``(A) Any member who--
                          ``(i) on or after October 1, 1999, becomes 
                      entitled to retired or retainer pay under this 
                      title or title 14;
                          ``(ii) has an approved date of retirement that 
                      is within one year after the date on which the 
                      member submits an application to participate in 
                      the Program; or
                          ``(iii) has been transferred to the Retired 
                      Reserve.
                    ``(B) Any member who, on or after January 8, 2002--
                          ``(i)(I) is separated or released from active 
                      duty after four or more years of continuous active 
                      duty immediately before the separation or release; 
                      or
                          ``(II) has completed a total of at least six 
                      years of active duty service, six years of service 
                      computed under section 12732 of this title, or six 
                      years of any combination of such service; and
                          ``(ii) executes a reserve commitment agreement 
                      for a period of not less than three years under 
                      paragraph (5)(B).
                    ``(C) Any member who, on or after January 8, 2002, 
                is retired or separated for physical disability under 
                chapter 61 of this title.
            ``(2) Submission of applications.--(A) Selection of eligible 
        members of the armed forces to participate in the Program shall 
        be made on the basis of applications submitted to the Secretary 
        within the time periods specified in subparagraph (B). An 
        application shall be in such form and contain such information 
        as the Secretary may require.
            ``(B) In the case of an eligible member of the armed forces 
        described in subparagraph (A)(i), (B), or (C) of paragraph (1), 
        an application shall be considered to be submitted on a timely 
        basis if the application is submitted not later than three years 
        after the date on which the member is retired, separated, or 
        released from active duty, whichever applies to the member.
            ``(3) Selection criteria; educational background 
        requirements; honorable service requirement.--(A) The Secretary 
        shall prescribe the criteria to be used to select eligible 
        members of the armed forces to participate in the Program.
            ``(B) If a member of the armed forces is applying for the 
        Program to receive assistance for placement as an elementary 
        school or secondary school teacher, the Secretary shall require

[[Page 126 STAT. 1732]]

        the member to have received a baccalaureate or advanced degree 
        from an accredited institution of higher education.
            ``(C) If a member of the armed forces is applying for the 
        Program to receive assistance for placement as a career or 
        technical teacher, the Secretary shall require the member--
                    ``(i) to have received the equivalent of one year of 
                college from an accredited institution of higher 
                education or the equivalent in military education and 
                training as certified by the Department of Defense; or
                    ``(ii) to otherwise meet the certification or 
                licensing requirements for a career or technical teacher 
                in the State in which the member seeks assistance for 
                placement under the Program.
            ``(D) A member of the armed forces is eligible to 
        participate in the Program only if the member's last period of 
        service in the armed forces was honorable, as characterized by 
        the Secretary concerned. A member selected to participate in the 
        Program before the retirement of the member or the separation or 
        release of the member from active duty may continue to 
        participate in the Program after the retirement, separation, or 
        release only if the member's last period of service is 
        characterized as honorable by the Secretary concerned.
            ``(4) Selection priorities.--In selecting eligible members 
        of the armed forces to receive assistance under the Program, the 
        Secretary--
                    ``(A) shall give priority to members who--
                          ``(i) have educational or military experience 
                      in science, mathematics, special education, 
                      foreign language, or career or technical subjects; 
                      and
                          ``(ii) agree to seek employment as science, 
                      mathematics, foreign language, or special 
                      education teachers in elementary schools or 
                      secondary schools or in other schools under the 
                      jurisdiction of a local educational agency; and
                    ``(B) may give priority to members who agree to seek 
                employment in a high-need school.
            ``(5) Other conditions on selection.--(A) Subject to 
        subsection (i), the Secretary may not select an eligible member 
        of the armed forces to participate in the Program and receive 
        financial assistance unless the Secretary has sufficient 
        appropriations for the Program available at the time of the 
        selection to satisfy the obligations to be incurred by the 
        United States under subsection (e) with respect to the member.
            ``(B) The Secretary may not select an eligible member of the 
        armed forces described in paragraph (1)(B)(i) to participate in 
        the Program and receive financial assistance under subsection 
        (e) unless the member executes a written agreement to serve as a 
        member of the Selected Reserve of a reserve component of the 
        armed forces for a period of not less than three years.

    ``(e) Participation Agreement and Financial Assistance.--
            ``(1) Participation agreement.--(A) An eligible member of 
        the armed forces selected to participate in the Program under 
        subsection (b) and to receive financial assistance under this 
        subsection shall be required to enter into an agreement with the 
        Secretary in which the member agrees--

[[Page 126 STAT. 1733]]

                    ``(i) within such time as the Secretary may require, 
                to meet the requirements necessary to become a teacher 
                in a school described in subsection (b)(2); and
                    ``(ii) to accept an offer of full-time employment as 
                an elementary school teacher, secondary school teacher, 
                or career or technical teacher for not less than three 
                school years in an eligible school to begin the school 
                year after obtaining that certification or licensing.
            ``(B) <<NOTE: Waiver authority.>>  The Secretary may waive 
        the three-year commitment described in subparagraph (A)(ii) for 
        a participant if the Secretary determines such waiver to be 
        appropriate. If the Secretary provides the waiver, the 
        participant shall not be considered to be in violation of the 
        agreement and shall not be required to provide reimbursement 
        under subsection (f), for failure to meet the three-year 
        commitment.
            ``(2) Violation of participation agreement; exceptions.--A 
        participant shall not be considered to be in violation of the 
        participation agreement entered into under paragraph (1) during 
        any period in which the participant--
                    ``(A) is pursuing a full-time course of study 
                related to the field of teaching at an institution of 
                higher education;
                    ``(B) is serving on active duty as a member of the 
                armed forces;
                    ``(C) is temporarily totally disabled for a period 
                of time not to exceed three years as established by 
                sworn affidavit of a qualified physician;
                    ``(D) is unable to secure employment for a period 
                not to exceed 12 months by reason of the care required 
                by a spouse who is disabled;
                    ``(E) is unable to find full-time employment as a 
                teacher in an eligible elementary school or secondary 
                school or as a career or technical teacher for a single 
                period not to exceed 27 months; or
                    ``(F) satisfies the provisions of additional 
                reimbursement exceptions that may be prescribed by the 
                Secretary.
            ``(3) Stipend and bonus for participants.--(A) Subject to 
        subparagraph (C), the Secretary may pay to a participant a 
        stipend to cover expenses incurred by the participant to obtain 
        the required educational level, certification, or licensing. 
        Such stipend may not exceed $5,000 and may vary by participant.
            ``(B)(i) Subject to subparagraph (C), the Secretary may pay 
        a bonus to a participant who agrees in the participation 
        agreement under paragraph (1) to accept full-time employment as 
        an elementary school teacher, secondary school teacher, or 
        career or technical teacher for not less than three school years 
        in an eligible school.
            ``(ii) The amount of the bonus may not exceed $5,000, unless 
        the eligible school is a high-need school, in which case the 
        amount of the bonus may not exceed $10,000. Within such limits, 
        the bonus may vary by participant and may take into account the 
        priority placements as determined by the Secretary.
            ``(C)(i) The total number of stipends that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 5,000.
            ``(ii) The total number of bonuses that may be paid under 
        subparagraph (B) in any fiscal year may not exceed 3,000.

[[Page 126 STAT. 1734]]

            ``(iii) A participant may not receive a stipend under 
        subparagraph (A) if the participant is eligible for benefits 
        under chapter 33 of title 38.
            ``(iv) The combination of a stipend under subparagraph (A) 
        and a bonus under subparagraph (B) for any one participant may 
        not exceed $10,000.
            ``(4) Treatment of stipend and bonus.--A stipend or bonus 
        paid under this subsection to a participant shall be taken into 
        account in determining the eligibility of the participant for 
        Federal student financial assistance provided under title IV of 
        the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

    ``(f) Reimbursement Under Certain Circumstances.--
            ``(1) Reimbursement required.--A participant who is paid a 
        stipend or bonus under this subsection shall be subject to the 
        repayment provisions of section 373 of title 37 under the 
        following circumstances:
                    ``(A) The participant fails to meet the requirements 
                necessary to become a teacher in a school described in 
                subsection (b)(2) or to obtain employment as an 
                elementary school teacher, secondary school teacher, or 
                career or technical teacher as required by the 
                participation agreement under subsection (e)(1).
                    ``(B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an elementary 
                school teacher, secondary school teacher, or career or 
                technical teacher during the three years of required 
                service in violation of the participation agreement.
                    ``(C) The participant executed a written agreement 
                with the Secretary concerned under subsection (d)(5)(B) 
                to serve as a member of a reserve component of the armed 
                forces for a period of three years and fails to complete 
                the required term of service.
            ``(2) Amount of reimbursement.--A participant required to 
        reimburse the Secretary for a stipend or bonus paid to the 
        participant under subsection (e) shall pay an amount that bears 
        the same ratio to the amount of the stipend or bonus as the 
        unserved portion of required service bears to the three years of 
        required service.
            ``(3) Interest.--Any amount owed by a participant under this 
        subsection shall bear interest at the rate equal to the highest 
        rate being paid by the United States on the day on which the 
        reimbursement is determined to be due for securities having 
        maturities of 90 days or less and shall accrue from the day on 
        which the participant is first notified of the amount due.
            ``(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under this 
        subsection if the participant becomes permanently totally 
        disabled as established by sworn affidavit of a qualified 
        physician. The <<NOTE: Waiver authority.>> Secretary may also 
        waive the reimbursement in cases of extreme hardship to the 
        participant, as determined by the Secretary.

    ``(g) Relationship to Educational Assistance Under Montgomery GI 
Bill.--Except as provided in subsection (e)(3)(C)(iii), the receipt by a 
participant of a stipend or bonus under subsection (e) shall not reduce 
or otherwise affect the entitlement of the

[[Page 126 STAT. 1735]]

participant to any benefits under chapter 30 or 33 of title 38 or 
chapter 1606 of this title.
    ``(h) Participation by States.--
            ``(1) Discharge of state activities through consortia of 
        states.--The Secretary may permit States participating in the 
        Program to carry out activities authorized for such States under 
        the Program through one or more consortia of such States.
            ``(2) Assistance to states.--(A) Subject to subparagraph 
        (B), the Secretary may make grants to States participating in 
        the Program, or to consortia of such States, in order to permit 
        such States or consortia of States to operate offices for 
        purposes of recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the employment of 
        participants as elementary school teachers, secondary school 
        teachers, and career or technical teachers.
            ``(B) The total amount of grants made under subparagraph (A) 
        in any fiscal year may not exceed $5,000,000.

    ``(i) Limitation on Total Fiscal-year Obligations.--The total amount 
obligated by the Secretary under the Program for any fiscal year may not 
exceed $15,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is <<NOTE: 10 USC prec. 
        1141.>> amended by adding at the end the following new item:

``1154. Assistance to eligible members and former members to obtain 
           employment as teachers: Troops-to-Teachers Program.''.

    (c) Conforming Amendment.--Section 1142(b)(4)(C) of such title is 
amended by striking ``under section 2302'' and all that follows through 
``6672)''.
    (d) Termination of Department of Education Troops-to-Teachers 
Program.--
            (1) Termination.--Subject to paragraph (3), chapter A of 
        subpart 1 of part C of title II of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6671 et seq.) <<NOTE: 20 
        USC 6671-6677.>> is repealed.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Elementary and Secondary Education Act of 1965 is amended 
        by striking the items relating to chapter A of subpart 1 of part 
        C of title II of such Act.
            (3) <<NOTE: 20 USC 6671 note.>>  Existing agreements.--The 
        repeal of chapter A of subpart 1 of part C of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 
        et seq.) by paragraph (1) shall not affect--
                    (A) the validity or terms of any agreement entered 
                into under such chapter, as in effect immediately before 
                such repeal, before the effective date of the transfer 
                of the Troops-to-Teachers Program under subsection (a); 
                or
                    (B) the authority to pay assistance, make grants, or 
                obtain reimbursement in connection with such an 
                agreement as in effect before the effective date of the 
                transfer of the Troops-to-Teachers Program under 
                subsection (a).
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL FITNESS 
                        PROGRAMS.

    (a) In General.--Chapter 603 of title 10, United States Code, is 
amended by adding at the end the following new section:

[[Page 126 STAT. 1736]]

``Sec. 6981. <<NOTE: 10 USC 6981.>>  Support of athletic and 
                  physical fitness programs

    ``(a) Authority.--
            ``(1) Contracts and cooperative agreements.--The Secretary 
        of the Navy may enter into contracts and cooperative agreements 
        with the Naval Academy Athletic Association for the purpose of 
        supporting the athletic and physical fitness programs of the 
        Naval Academy. Notwithstanding section 2304(k) of this title, 
        the Secretary may enter such contracts or cooperative agreements 
        on a sole source basis pursuant to section 2304(c)(5) of this 
        title. Notwithstanding chapter 63 of title 31, a cooperative 
        agreement under this section may be used to acquire property or 
        services for the direct benefit or use of the Naval Academy.
            ``(2) Leases.--The Secretary may enter into leases, in 
        accordance with section 2667 of this title, or licenses with the 
        Association for the purpose of supporting the athletic and 
        physical fitness programs of the Naval Academy. Any such lease 
        or license shall be deemed to satisfy the conditions of section 
        2667(h)(2) of this title.

    ``(b) Use of Navy Personal Property by the Association.--The 
Secretary may allow the Association to use, at no cost, personal 
property of the Department of the Navy to assist the Association in 
supporting the athletic and physical fitness programs of the Naval 
Academy.
    ``(c) Acceptance of Support.--
            ``(1) Support received from the association.--
        Notwithstanding section 1342 of title 31, the Secretary may 
        accept from the Association funds, supplies, and services for 
        the support of the athletic and physical fitness programs of the 
        Naval Academy. For purposes of this section, employees or 
        personnel of the Association may not be considered to be 
        employees of the United States.
            ``(2) Funds received from ncaa.--The Secretary may accept 
        funds from the National Collegiate Athletic Association to 
        support the athletic and physical fitness programs of the Naval 
        Academy.
            ``(3) Limitation.--The Secretary shall ensure that 
        contributions under this subsection do not reflect unfavorably 
        on the ability of the Department of the Navy, any of its 
        employees, or any member of the armed forces to carry out any 
        responsibility or duty in a fair and objective manner, or 
        compromise the integrity or appearance of integrity of any 
        program of the Department of the Navy, or any individual 
        involved in such a program.

    ``(d) Retention and Use of Funds.--Notwithstanding section 2260(d) 
of this title, funds received under this section may be retained for use 
in support of athletic and physical fitness programs of the Naval 
Academy and shall remain available until expended.
    ``(e) Trademarks and Service Marks.--
            ``(1) Licensing, marketing, and sponsorship agreements.--An 
        agreement under subsection (a)(1) may, consistent with sections 
        2260 (other than subsection (d)) and 5022(b)(3) of this title, 
        authorize the Association to enter into licensing, marketing, 
        and sponsorship agreements relating to trademarks and service 
        marks identifying the Naval Academy, subject to the approval of 
        the Department of the Navy.

[[Page 126 STAT. 1737]]

            ``(2) Limitations.--No such licensing, marketing, or 
        sponsorship agreement may be entered into if it would reflect 
        unfavorably on the ability of the Department of the Navy, any of 
        its employees, or any member of the armed forces to carry out 
        any responsibility or duty in a fair and objective manner, or if 
        the Secretary determines that the use of the trademark or 
        service mark would compromise the integrity or appearance of 
        integrity of any program of the Department of the Navy, or any 
        individual involved in such a program.

    ``(f) Service on Association Board of Control.--The Association is a 
designated entity for which authorization under sections 1033(a) and 
1589(a) of this title may be provided.
    ``(g) Conditions.--The authority provided in this section with 
respect to the Association is available only so long as the Association 
continues to--
            ``(1) qualify as a nonprofit organization under section 
        501(c)(3) of the Internal Revenue Code of 1986 and operates in 
        accordance with this section, the laws of the State of Maryland, 
        and the constitution and bylaws of the Association; and
            ``(2) operate exclusively to support the athletic and 
        physical fitness programs of the Naval Academy.

    ``(h) Association Defined.--In this section, the term `Association' 
means the Naval Academy Athletic Association.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is <<NOTE: 10 USC prec. 6951.>> amended by adding at the 
end the following new item:

``6981. Support of athletic and physical fitness programs.''.

SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT PROGRAM ON 
                        RECEIPT OF CIVILIAN CREDENTIALING FOR 
                        MILITARY OCCUPATIONAL SPECIALTY SKILLS.

    (a) Expansion of Program.--Subsection (b)(1) of section 558 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1418; 10 U.S.C. 2015 note) is amended by striking ``or 
more than five''.
    (b) Use of Industry-recognized Certifications.--Subsection (b) of 
such section is further amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) consider utilizing industry-recognized certifications 
        or licensing standards for civilian occupational skills 
        comparable to the specialties or codes so designated; and''.
SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING 
                        CERTAIN STATE CERTIFICATIONS AND LICENSES 
                        AS A CONDITION ON THE RECEIPT OF FUNDS FOR 
                        VETERANS EMPLOYMENT AND TRAINING.

    (a) In General.--Section 4102A(c) of title 38, United States Code, 
is amended by adding at the end the following new paragraph:
    ``(9)(A) As a condition of a grant or contract under which funds are 
made available to a State in order to carry out section 4103A or 4104 of 
this title for any program year, the Secretary may require the State--
            ``(i) to demonstrate that when the State approves or denies 
        a certification or license described in subparagraph (B) for

[[Page 126 STAT. 1738]]

        a veteran the State takes into consideration any training 
        received or experience gained by the veteran while serving on 
        active duty in the Armed Forces; and
            ``(ii) to disclose to the Secretary in writing the 
        following:
                    ``(I) Criteria applicants must satisfy to receive a 
                certification or license described in subparagraph (B) 
                by the State.
                    ``(II) A description of the standard practices of 
                the State for evaluating training received by veterans 
                while serving on active duty in the Armed Forces and 
                evaluating the documented work experience of such 
                veterans during such service for purposes of approving 
                or denying a certification or license described in 
                subparagraph (B).
                    ``(III) Identification of areas in which training 
                and experience described in subclause (II) fails to meet 
                criteria described in subclause (I).''

    ``(B) A certification or license described in this subparagraph is 
any of the following:
            ``(i) A license to be a nonemergency medical professional.
            ``(ii) A license to be an emergency medical professional.
            ``(iii) A commercial driver's license.

    ``(C) The Secretary shall share the information the Secretary 
receives under subparagraph (A)(ii) with the Secretary of Defense to 
help the Secretary of Defense improve training for military occupational 
specialties so that individuals who receive such training are able to 
receive a certification or license described in subparagraph (B) from a 
State.
    ``(D) <<NOTE: Web posting. Public information.>>  The Secretary 
shall publish on the Internet website of the Department available to the 
public--
            ``(i) any guidance the Secretary gives the Secretary of 
        Defense with respect to carrying out this section; and
            ``(ii) any information the Secretary receives from a State 
        pursuant to subparagraph (A).''.

    (b) <<NOTE: 38 USC 4102A note.>>  Effective Date.--The amendment 
made by subsection (a) shall apply with respect to a program year 
beginning on or after the date of the enactment of this Act.
SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY 
                        INSTALLATIONS BY REPRESENTATIVES OF 
                        INSTITUTIONS OF HIGHER EDUCATION.

    (a) Review Required.--The Secretary of Defense shall conduct a 
review to assess the extent of access that representatives of 
institutions of higher education have to military installations.
    (b) Elements of Review.--The review required by subsection (a) shall 
include, at a minimum, an assessment of the following:
            (1) The policies and procedures that govern the availability 
        and the degree to which representatives of institutions of 
        higher education obtain access to military installations for 
        marketing and recruitment purposes to members of the Armed 
        Forces and their families.
            (2) The extent to which persons employed by institutions of 
        higher education who have authorized access to military 
        installations are engaged in the unauthorized or inappropriate 
        marketing of products and services to members of the Armed 
        Forces through such access.
            (3) The policies and regulations that are in effect to 
        prevent inappropriate marketing of educational products and 
        services

[[Page 126 STAT. 1739]]

        on military installations and the effectiveness or shortcomings, 
        and the adequacy of the enforcement, of those policies and 
        regulations.

    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
containing the results of the review required by subsection (a). The 
report shall include any recommendations for statutory or regulatory 
change that the Secretary considers appropriate to enhance the 
protection of members of the Armed Forces from inappropriate marketing 
and recruitment on military installations by representatives of 
institutions of higher education.
SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO STANDARDIZE 
                        EDUCATIONAL TRANSCRIPTS ISSUED TO 
                        SEPARATING MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the efforts of the Department of Defense to 
standardize the educational transcripts issued to members of the Armed 
Forces on their separation from the Armed Forces.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the similarities and differences 
        between the educational transcripts issued to members separating 
        from the each of the Armed Forces.
            (2) A description of any assessments done by the Department, 
        or in conjunction with educational institutions, to identify 
        shortcomings in the transcripts issued to separating members in 
        connection with their ability to qualify for civilian 
        educational credits.
            (3) A description of the implementation plan for the Joint 
        Services Transcript, including a schedule and the elements of 
        existing educational transcripts to be incorporated into the 
        Joint Services Transcript.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON 
                        JOINT PROFESSIONAL MILITARY EDUCATION 
                        MATTERS.

    (a) Report on Review of Military Education Coordination Council 
Report.--
            (1) Review of methodology.--The Comptroller General of the 
        United States shall review the methodology used by the Military 
        Education Coordination Council in compiling the report on joint 
        professional military education that is to be submitted to the 
        Director of Joint Force Development by March 1, 2013, pursuant 
        to the Joint Staff Memorandum, Joint Staff Review, dated July 
        16, 2012. The review shall include an examination of the 
        analytical approach used by the Council for that report, 
        including the types of information considered, the cost savings 
        identified, the benefits of options considered, the time frames 
        for implementation, and transparency.
            (2) Report.--Not later than 90 days after receiving from the 
        Director of Joint Force Development the report described in 
        paragraph (1), the Comptroller General shall submit to the

[[Page 126 STAT. 1740]]

        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the review under paragraph (1) of 
        the report described in that paragraph. The report of the 
        Comptroller General under this paragraph shall set forth the 
        following:
                    (A) The results of the review under paragraph (1).
                    (B) Such recommendations as the Comptroller General 
                considers appropriate in light of the results of the 
                review.

    (b) Report on Joint Professional Military Education Research 
Institutions.--
            (1) Report required.--Not later than January 31, 2014, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees a report setting forth the 
        assessment by the Comptroller General of the work performed by 
        joint professional military education research institutions in 
        support of professional military education and the broader 
        mission of the Department of Defense, the military departments, 
        and the Defense Agencies.
            (2) Elements.--The report required by paragraph (1) shall 
        include an assessment of the following:
                    (A) The systems, mechanisms, and structures within 
                the senior and intermediate joint professional military 
                education colleges and universities for oversight, 
                governance, and management of the joint professional 
                military education research institutions, including 
                systems, mechanisms, and structures relating to the 
                development of policies and budgets for research.
                    (B) The factors contributing to and the extent of 
                growth in the number and size of joint professional 
                military education research institutions since 2000.
                    (C) The causes and extent of cost growth at joint 
                professional military education research institutions 
                since 2000.
                    (D) The focus of research activity conducted by the 
                joint professional military education research 
                institutions, and the extent to which each joint 
                professional military education research institution 
                performs a unique research function or engages in 
                similar or duplicative efforts with other components or 
                elements of the Department of Defense.
                    (E) The measures of effectiveness used by the joint 
                professional military education research institutions, 
                the senior and intermediate joint professional military 
                education colleges and universities, and other oversight 
                entities to evaluate the performance of the joint 
                professional military education research institutions in 
                meeting established goals or objectives.
            (3) Definitions.--In this subsection:
                    (A) The term ``joint professional military education 
                research institutions'' means subordinate organizations 
                (including centers, institutes, and schools) under the 
                senior and intermediate joint professional military 
                education colleges and universities for which research 
                is the primary mission or reason for existence.
                    (B) The term ``senior and intermediate joint 
                professional military education colleges and 
                universities'' means the following:
                          (i) The National Defense University.

[[Page 126 STAT. 1741]]

                          (ii) The Army War College.
                          (iii) The Navy War College.
                          (iv) The Air University.
                          (v) The Air War College.
                          (vi) The Marine Corp University.

    Subtitle F--Reserve Officers' Training Corps and Related Matters

SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR IN-STATE 
                        TUITION OF AT LEAST 50 PERCENT OF 
                        PARTICIPANTS IN SENIOR RESERVE OFFICERS' 
                        TRAINING CORPS PROGRAM.

    Section 2107(c)(1) of title 10, United States Code, is amended by 
striking the third sentence.
SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE 
                        ARMS, TENTAGE, AND EQUIPMENT TO 
                        EDUCATIONAL INSTITUTIONS NOT MAINTAINING 
                        UNITS OF JUNIOR RESERVE OFFICERS' TRAINING 
                        CORPS.

    (a) Consolidation.--Chapter 102 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2034. <<NOTE: 10 USC 2034.>>  Educational institutions not 
                  maintaining units of Junior Reserve Officers' 
                  Training Corps: issuance of arms, tentage, and 
                  equipment

    ``The Secretary of a military department may issue arms, tentage, 
and equipment to an educational institution at which no unit of the 
Junior Reserve Officers' Training Corps is maintained if the educational 
institution--
            ``(1) offers a course in military training prescribed by 
        that Secretary; and
            ``(2) has a student body of at least 50 students who are in 
        a grade above the eighth grade.''.

    (b) Repeal of Separate Authorities.--Sections 4651, 7911, and 9651 
of such title are repealed.
    (c) Clerical Amendments.--
            (1) Consolidated authority.--The table of sections at the 
        beginning of chapter 102 of such title is <<NOTE: 10 USC prec. 
        2031.>> amended by adding at the end the following new item:

``2034. Educational institutions not maintaining units of Junior Reserve 
           Officers' Training Corps: issuance of arms, tentage, and 
           equipment.''.

            (2) Army authority.--The table of sections at the beginning 
        of chapter 441 of such title is <<NOTE: 10 USC prec. 
        4651.>> amended by striking the item relating to section 4651.
            (3) Navy authority.--The table of sections at the beginning 
        of chapter 667 of such title is <<NOTE: 10 USC prec. 
        7911.>> amended by striking the item relating to section 7911.
            (4) Air force authority.--The table of sections at the 
        beginning of chapter 941 of such title is <<NOTE: 10 USC prec. 
        9651.>> amended by striking the item relating to section 9651.

[[Page 126 STAT. 1742]]

SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE THE 
                        NUMBER OF UNITS OF THE JUNIOR RESERVE 
                        OFFICERS' TRAINING CORPS.

    (a) Number of Units Covered by Plan.--Subsection (a) of section 548 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 <<NOTE: 10 USC 2031 note.>> (Public Law 110-417; 122 Stat. 4466) is 
amended by striking ``not less than 3,700 units'' and inserting ``not 
less than 3,000, and not more than 3,700, units''.

    (b) Additional Exception.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) if the Secretaries of the military departments 
        determine that the level of support of all kinds (including 
        appropriated funds) provided to youth development programs 
        within the Armed Forces is consistent with funding limitations 
        and the achievement of the objectives of such programs.''.

    (c) Submittal of Revised Plan and Implementation Reports.--
Subsection (e) of such section is amended to read as follows:
    ``(e) Time for Submission.--Not later than March 31, 2013, the 
Secretary of Defense shall submit to the congressional defense 
committees a revised plan under subsection (a) to reflect amendments 
made to subsections (a) and (b) during fiscal year 2013 and a new report 
under subsection (d) to address the revised plan. The Secretary shall 
submit an updated report not later than March 31 of each of 2015, 2018, 
and 2020.''.
SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS' TRAINING 
                        CORPS PROGRAMS.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the congressional defense committees a report setting 
forth the assessment of the Comptroller General regarding the following:
            (1) Whether the Reserve Officers' Training Corps (ROTC) 
        programs of the military departments are effectively meeting, 
        and structured to meet, current and projected requirements for 
        newly commissioned officers in the Armed Forces.
            (2) The cost-effectiveness and unit productivity of the 
        current Reserve Officers' Training Corps programs.
            (3) The adequacy of current oversight and criteria for the 
        establishment and disestablishment of units of the Reserve 
        Officers' Training Corps.

    (b) Elements.--The report required by subsection (a) shall include, 
at a minimum, the following:
            (1) A list of the units of the Reserve Officers' Training 
        Corps by Armed Force, and by college or university, and the 
        number of cadets and midshipman currently enrolled by class or 
        year group.
            (2) The number of officers commissioned in 2012 from the 
        Reserve Officers' Training Corps programs, and the number 
        projected to be commissioned over the period of the current 
        future-years defense program under section 221 of title 10,

[[Page 126 STAT. 1743]]

        United States Code, from each unit listed under paragraph (1).
            (3) An assessment of the requirements of each Armed Force 
        for newly commissioned officers in 2012 and the strategic 
        planning regarding such requirements over the period of the 
        current future-years defense program.
            (4) The number of military and civilian personnel of the 
        Department of Defense assigned to lead and manage units of the 
        Reserve Officers' Training Corps, and the grades of the military 
        personnel so assigned.
            (5) An assessment of Department of Defense-wide and Armed-
        Force specific standards regarding the productivity of units of 
        the Reserve Officers' Training Corps, and an assessment of 
        compliance with such standards.
            (6) An assessment of the projected use by the Armed Forces 
        of the procedures available to the Armed Forces to respond to 
        overages in the number of cadets and midshipmen in the Reserve 
        Officers' Training Corps programs.
            (7) A description of the plans of the Armed Forces to retain 
        or disestablish units of the Reserve Officers' Training Corps 
        that do not meet productivity standards.

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

SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
                        AGENCIES THAT BENEFIT DEPENDENTS OF 
                        MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
                        OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2013 by section 301 and available for operation and 
maintenance for Defense-wide activities as specified in the funding 
table in section 4301, $25,000,000 shall be available only for the 
purpose of providing assistance to local educational agencies under 
subsection (a) of section 572 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--
            (1) Extension of authority to provide assistance.--Section 
        572(b)(4) of the National Defense Authorization Act for Fiscal 
        Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by striking 
        ``September 30, 2012'' and inserting ``September 30, 2014''.
            (2) Amount of assistance authorized.--Of the amount 
        authorized to be appropriated for fiscal year 2013 by section 
        301 and available for operation and maintenance for Defense-wide 
        activities as specified in the funding table in section 4301, 
        $5,000,000 shall be available only for the purpose of providing 
        assistance to local educational agencies under subsection (b) of 
        section 572 of the National Defense Authorization Act for Fiscal 
        Year 2006 (20 U.S.C. 7703b).

[[Page 126 STAT. 1744]]

    (c) Repeal of Obsolete Funding Reference.--Section 572 of the 
National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 
7703b) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).

    (d) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year 2013 
pursuant to section 301 and available for operation and maintenance for 
Defense-wide activities as specified in the funding table in section 
4301, $5,000,000 shall be available for payments under section 363 of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 
U.S.C. 7703a).
SEC. 563. <<NOTE: Impact Aid Improvement Act of 2012. 20 USC 6301 
                        note.>>  AMENDMENTS TO THE IMPACT AID 
                        PROGRAM.

    (a) Short Title.--This section may be cited as the ``Impact Aid 
Improvement Act of 2012''.
    (b) Amendments to the Impact Aid Program.--Title VIII of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) 
is amended--
            (1) in section 8002 (20 U.S.C. 7702)--
                    (A) in subsection (a)--
                          (i) by striking ``for a fiscal year ending 
                      prior to October 1, 2003''; and
                          (ii) by inserting ``or (h)'' after 
                      ``subsection (b)'';
                    (B) in subsection (b)--
                          (i) in paragraph (2), by striking ``aggregate 
                      assessed'' and inserting ``estimated taxable''; 
                      and
                          (ii) by striking paragraph (3) and inserting 
                      the following:
            ``(3) Determination of taxable value for eligible federal 
        property.--
                    ``(A) In general.--In determining the estimated 
                taxable value of such acquired Federal property for 
                fiscal year 2010 and each succeeding fiscal year, the 
                Secretary shall--
                          ``(i) first determine the total taxable value 
                      for the purpose of levying property tax for school 
                      purposes for current expenditures of real property 
                      located within the boundaries of such local 
                      educational agency;
                          ``(ii) then determine the per acre value of 
                      the eligible Federal property by dividing the 
                      total taxable value as determined in clause (i) by 
                      the difference between the total acres located 
                      within the boundaries of the local educational 
                      agency and the number of Federal acres eligible 
                      under this section; and
                          ``(iii) then determine the total taxable value 
                      of the eligible Federal property by multiplying 
                      the per acre value as calculated under clause (ii) 
                      by the number of Federal acres eligible under this 
                      section.
                    ``(B) Special rule.--In the case of Federal property 
                eligible under this section that is within the 
                boundaries

[[Page 126 STAT. 1745]]

                of 2 or more local educational agencies, such a local 
                educational agency may ask the Secretary to calculate 
                the per acre value of each such local educational agency 
                as provided under subparagraph (A) and apply the average 
                of these per acre values to the acres of the Federal 
                property in such agency.''; and
                    (C) in subsection (h)--
                          (i) in paragraph (1)--
                                    (I) in the paragraph heading, by 
                                striking ``for pre-1995 recipients '' 
                                and inserting ``for pre-2010 
                                recipients''; and
                                    (II) by striking subparagraphs (A) 
                                and (B) and inserting the following:
                    ``(A) <<NOTE: Payment.>>  In general.--The Secretary 
                shall first make a foundation payment to each local 
                educational agency that is determined by the Secretary 
                to be eligible to receive a payment under this section 
                for the fiscal year involved and that filed a timely 
                application, and met, or has been determined by statute 
                to meet, the eligibility requirements of subsection (a) 
                for fiscal year 2009.
                    ``(B) Amount.--
                          ``(i) In general.--The amount of a payment 
                      under subparagraph (A) for a local educational 
                      agency shall be equal to the greater of 90 percent 
                      of the payment the local educational agency 
                      received from dollars appropriated for fiscal year 
                      2009 or 90 percent of the average payment that the 
                      local educational agency received from dollars 
                      appropriated for fiscal years 2006, 2007, 2008, 
                      and 2009, and shall be calculated without regard 
                      to the maximum payment provisions in subsection 
                      (b)(1)(C).
                          ``(ii) Exception.--In calculating such average 
                      payment for a local educational agency that did 
                      not receive a payment under subsection (b) for 1 
                      or more of the fiscal years between fiscal year 
                      2006 and 2009, inclusive, the lowest such payment 
                      made to the agency for fiscal year 2006, 2007, 
                      2008, or 2009, shall be treated as the payment 
                      that the agency received under subsection (b) for 
                      each fiscal year for which the agency did not 
                      receive such a payment.''; and
                          (ii) by striking paragraphs (2) through (4) 
                      and inserting the following:
            ``(2) Foundation payments for new applicants.--
                    ``(A) First year.--From any amounts remaining after 
                making payments under paragraph (1) and subsection 
                (i)(1) for the fiscal year involved, the Secretary shall 
                make a payment, in an amount determined in accordance 
                with subparagraph (C), to each local educational agency 
                that the Secretary determines eligible for a payment 
                under this section for a fiscal year after fiscal year 
                2009 and that did not receive a payment under paragraph 
                (1) for the fiscal year for which such agency was 
                determined eligible for such payment.
                    ``(B) Second and succeeding years.--For any 
                succeeding fiscal year after the first fiscal year that 
                a local educational agency receives a foundation payment 
                under subparagraph (A), the amount of the local 
                educational

[[Page 126 STAT. 1746]]

                agency's foundation payment under this paragraph for 
                such succeeding fiscal year shall be equal to the local 
                educational agency's foundation payment under this 
                paragraph for the first fiscal year.
                    ``(C) <<NOTE: Determination.>>  Amounts.--The amount 
                of a payment under subparagraph (A) for a local 
                educational agency shall be determined as follows:
                          ``(i) Calculate the local educational agency's 
                      maximum payment under subsection (b).
                          ``(ii) Calculate the percentage that the 
                      amount appropriated under section 8014(a) for the 
                      most recent fiscal year for which the Secretary 
                      has completed making payments under this section 
                      is of the total maximum payments for such fiscal 
                      year for all local educational agencies eligible 
                      for a payment under subsection (b) and multiply 
                      the agency's maximum payment by such percentage.
                          ``(iii) Multiply the amount determined under 
                      clause (ii) by 90 percent.
                    ``(D) Insufficient funds.--If the amount 
                appropriated under section 8014(a) of this title is 
                insufficient to pay the full amount determined under 
                this paragraph for all eligible local educational 
                agencies for the fiscal year, then the Secretary shall 
                ratably reduce the payment to each local educational 
                agency under this paragraph.
            ``(3) Remaining funds.--From any funds remaining after 
        making payments under paragraphs (1) and (2) for the fiscal year 
        involved, the Secretary shall make a payment to each local 
        educational agency that received a foundation payment under 
        paragraph (1) or (2) or subsection (i)(1), for the fiscal year 
        involved in an amount that bears the same relation to the 
        remainder as a percentage share determined for the local 
        educational agency (by dividing the maximum amount that the 
        agency is eligible to receive under subsection (b) by the total 
        of the maximum amounts for all such agencies) bears to the 
        percentage share determined (in the same manner) for all local 
        educational agencies eligible to receive a payment under this 
        section for the fiscal year involved, except that, for the 
        purpose of calculating a local educational agency's maximum 
        amount under subsection (b), data from the most current fiscal 
        year shall be used.
            ``(4) <<NOTE: Deadline.>>  Data.--For each local educational 
        agency that received a payment under this section for fiscal 
        year 2010 through the fiscal year in which the Impact Aid 
        Improvement Act of 2012 is enacted, the Secretary shall not make 
        a payment under paragraph (3) to a local educational agency that 
        fails to submit, within 60 days of the date the Secretary 
        notifies the agency that the information is needed, the data 
        necessary to calculate the maximum amount of a payment under 
        subsection (b) for that local educational agency.'';
            (2) by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) 
        and inserting the following:
            ``(4) Military installation and indian housing undergoing 
        renovation or rebuilding.--
                    ``(A) <<NOTE: Effective 
                date. Determination. Certification.>>  Military 
                installation housing.--Beginning in fiscal year 2014, in 
                determining the amount of a payment for a local 
                educational agency for children described in

[[Page 126 STAT. 1747]]

                paragraph (1)(D)(i), the Secretary shall consider those 
                children as if they were children described in paragraph 
                (1)(B) if the Secretary determines, on the basis of a 
                certification provided to the Secretary by a designated 
                representative of the Secretary of Defense, that those 
                children would have resided in housing on Federal 
                property if the housing was not undergoing renovation or 
                rebuilding. The total number of children treated as 
                children described in paragraph (1)(B) shall not exceed 
                the lessor of--
                          ``(i) the total number of children eligible 
                      under paragraph (1)(B) for the year prior to the 
                      initiation of the housing project on Federal 
                      property undergoing renovation or rebuilding; or
                          ``(ii) the total number of Federally connected 
                      children enrolled at the local educational agency 
                      as stated in the application filed for the payment 
                      for the year for which the determination is made.
                    ``(B) Indian lands.--Beginning in fiscal year 2014, 
                in determining the amount of a payment for a local 
                educational agency that received a payment for children 
                that resided on Indian lands in accordance with 
                paragraph (1)(C) for the fiscal year prior to the fiscal 
                year for which the local educational agency is making an 
                application, the Secretary shall consider those children 
                to be children described in paragraph (1)(C) if the 
                Secretary determines on the basis of a certification 
                provided to the Secretary by a designated representative 
                of the Secretary of the Interior or the Secretary of 
                Housing and Urban Development that those children would 
                have resided in housing on Indian lands if the housing 
                was not undergoing renovation or rebuilding. The total 
                number of children treated as children described in 
                paragraph (1)(C) shall not exceed the lessor of--
                          ``(i) the total number of children eligible 
                      under paragraph (1)(C) for the year prior to the 
                      initiation of the housing project on Indian lands 
                      undergoing renovation or rebuilding; or
                          ``(ii) the total number of Federally connected 
                      children enrolled at the local educational agency 
                      as stated in the application filed for the payment 
                      for the year for which the determination is made.
                    ``(C) Eligible housing.--Renovation or rebuilding 
                shall be defined as projects considered as 
                capitalization, modernization, or restoration, as 
                defined by the Secretary of Defense or the Secretary of 
                the Interior (as the case may be) and are projects that 
                last more than 30 days, but do not include `sustainment 
                projects' such as painting, carpeting, or minor 
                repairs.''; and
            (3) in section 8010 (20 U.S.C. 7710)--
                    (A) in subsection (c)(1), by striking ``paragraph 
                (3) of this subsection'' both places the term appears 
                and inserting ``paragraph (2)''; and
                    (B) by adding at the end the following:

    ``(d) Timely Payments.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall pay a local educational agency the full amount that the 
        agency is eligible to receive under this title for a fiscal year

[[Page 126 STAT. 1748]]

        not later than September 30 of the second fiscal year following 
        the fiscal year for which such amount has been appropriated if, 
        not later than 1 calendar year following the fiscal year in 
        which such amount has been appropriated, such local educational 
        agency submits to the Secretary all the data and information 
        necessary for the Secretary to pay the full amount that the 
        agency is eligible to receive under this title for such fiscal 
        year.
            ``(2) Payments with respect of fiscal years in which 
        insufficient funds are appropriated.--For 
        a <<NOTE: Applicability.>> fiscal year in which the amount 
        appropriated under section 8014 is insufficient to pay the full 
        amount a local educational agency is eligible to receive under 
        this title, paragraph (1) shall be applied by substituting `is 
        available to pay the agency' for `the agency is eligible to 
        receive' each place the term appears.''.

    (c) <<NOTE: 20 USC 7702 note. Time period.>>  Effective Date, 
Implementation, and Repeal.--
            (1) In general.--The amendments made by subsection (b) shall 
        be effective for a 2-year period beginning on the date of 
        enactment of this Act.
            (2) Effective date.--Notwithstanding section 8005(d) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7705(d)), subsection (b)(1), and the amendments made by 
        subsection (b)(1), shall take effect with respect to 
        applications submitted under section 8002 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 
        2010.
            (3) Implementation.--The Secretary of Education shall carry 
        out the amendments made by this section without regard to the 
        rulemaking procedures under section 553 of title 5, United 
        States Code.
            (4) <<NOTE: Applicability. 20 USC 7702, 7703, 7710.>>  
        Repeal.--The amendments made by subsection (b) shall be repealed 
        on the day after the 2-year period described in paragraph (1) 
        and title VIII of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7701 et seq.) shall be applied as if such 
        subsection and the amendments made by such subsection had never 
        been enacted.
SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN WHO ARE 
                        CARRIED DURING PREGNANCY AT TIME OF 
                        DEPENDENT-ABUSE OFFENSE COMMITTED BY AN 
                        INDIVIDUAL WHILE A MEMBER OF THE ARMED 
                        FORCES.

    (a) In General.--Section 1059 of title 10, United States Code, is 
amended--
            (1) in subsection (f), by adding at the end the following 
        new paragraph:

    ``(4) Payment to a child under this section shall not cover any 
period before the birth of the child.''; and
            (2) in subsection (l), by striking ``at the time of the 
        dependent-abuse offense resulting in the separation of the 
        former member'' in the matter preceding paragraph (1) and 
        inserting ``or eligible spouse at the time of the dependent-
        abuse offense resulting in the separation of the former member 
        or who was carried during pregnancy at the time of the 
        dependent-abuse offense resulting in the separation of the 
        former member and was subsequently born alive to the eligible 
        spouse or former spouse''.

[[Page 126 STAT. 1749]]

    (b) <<NOTE: 10 USC 1059 note.>>  Prospective Applicability.--No 
benefits shall accrue by reason of the amendments made by this section 
for any month that begins before the date of the enactment of this Act.
SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF DEFENSE 
                        DOMESTIC DEPENDENT ELEMENTARY AND 
                        SECONDARY SCHOOLS TO ENROLL CERTAIN 
                        STUDENTS.

    Section 2164 of title 10, United States Code, is amended by adding 
at the end the following new subsections:
    ``(k) Enrollment of Relocated Defense Dependents' Education System 
Students.--(1) The Secretary of Defense may authorize the enrollment in 
a Department of Defense education program provided by the Secretary 
pursuant to subsection (a) of a dependent of a member of the armed 
forces or a dependent of a Federal employee who is enrolled in the 
defense dependents' education system established under section 1402 of 
the Defense Dependents' Education Act of 1978 (20 U.S.C. 921) if--
            ``(A) the dependents departed the overseas location as a 
        result of a evacuation order;
            ``(B) the designated safe haven of the dependent is located 
        within reasonable commuting distance of a school operated by the 
        Department of Defense education program; and
            ``(C) the school possesses the capacity and resources 
        necessary to enable the student to attend the school.

    ``(2) Unless waived by the Secretary of Defense, a dependent 
described in paragraph (1) who is enrolled in a school operated by the 
Department of Defense education program pursuant to such paragraph may 
attend the school only through the end of the school year.
    ``(l) Enrollment in Virtual Elementary and Secondary Education 
Program.--(1) Under <<NOTE: Regulations.>> regulations prescribed by the 
Secretary of Defense, the Secretary may authorize the enrollment in the 
virtual elementary and secondary education program established as a 
component of the Department of Defense education program of a dependent 
of a member of the armed forces on active duty who--
            ``(A) is enrolled in an elementary or secondary school 
        operated by a local educational agency or another accredited 
        educational program in the United States (other than a school 
        operated by the Department of Defense education program); and
            ``(B) immediately before such enrollment, was enrolled in 
        the defense dependents' education system established under 
        section 1402 of the Defense Dependents' Education Act of 1978 
        (20 U.S.C. 921).

    ``(2) Enrollment of a dependent described in paragraph (1) pursuant 
to such paragraph shall be on a tuition basis.''.
SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING CERTAIN 
                        MILITARY SPOUSES.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3330d. <<NOTE: 10 USC 3330d.>>  Appointment of certain 
                    military spouses

    ``(a) Definitions.--In this section:
            ``(1) The term `active duty'--

[[Page 126 STAT. 1750]]

                    ``(A) has the meaning given that term in section 
                101(d)(1) of title 10;
                    ``(B) includes full-time National Guard duty (as 
                defined in section 101(d)(5) of title 10); and
                    ``(C) for a member of a reserve component (as 
                described in section 10101 of title 10), does not 
                include training duties or attendance at a service 
                school.
            ``(2) The term `agency'--
                    ``(A) has the meaning given the term `Executive 
                agency' in section 105 of this title; and
                    ``(B) does not include the Government Accountability 
                Office.
            ``(3) The term `geographic area of the permanent duty 
        station' means the area from which individuals reasonably can be 
        expected to travel daily to and from work at the location of a 
        member's permanent duty station.
            ``(4) The term `permanent change of station' means the 
        assignment, detail, or transfer of a member of the Armed Forces 
        who is on active duty and serving at a permanent duty station 
        under a competent authorization or order that does not--
                    ``(A) specify the duty as temporary;
                    ``(B) provide for assignment, detail, or transfer, 
                after that different permanent duty station, to a 
                further different permanent duty station; or
                    ``(C) direct return to the initial permanent duty 
                station.
            ``(5) The term `relocating spouse of a member of the Armed 
        Forces' means an individual who--
                    ``(A) is married to a member of the Armed Forces (on 
                or prior to a permanent change of station of the member) 
                who is ordered to active duty for a period of more than 
                180 consecutive days;
                    ``(B) relocates to the member's permanent duty 
                station; and
                    ``(C) before relocating as described in subparagraph 
                (B), resided outside the geographic area of the 
                permanent duty station.
            ``(6) The term `spouse of a disabled or deceased member of 
        the Armed Forces' means an individual--
                    ``(A) who is married to a member of the Armed Forces 
                who--
                          ``(i) is retired, released, or discharged from 
                      the Armed Forces; and
                          ``(ii) on the date on which the member 
                      retires, is released, or is discharged, has a 
                      disability rating of 100 percent under the 
                      standard schedule of rating disabilities in use by 
                      the Department of Veterans Affairs; or
                    ``(B) who--
                          ``(i) was married to a member of the Armed 
                      Forces on the date on which the member dies while 
                      on active duty in the Armed Forces; and
                          ``(ii) has not remarried.

    ``(b) Appointment Authority.--The head of an agency may appoint 
noncompetitively--
            ``(1) a relocating spouse of a member of the Armed Forces; 
        or

[[Page 126 STAT. 1751]]

            ``(2) a spouse of a disabled or deceased member of the Armed 
        Forces.

    ``(c) Special Rules Regarding Relocating Spouse.--
            ``(1) In general.--An appointment of a relocating spouse of 
        a member of the Armed Forces under this section may only be to a 
        position the duty station for which is within the geographic 
        area of the permanent duty station of the member of the Armed 
        Forces, unless there is no agency with a position with a duty 
        station within the geographic area of the permanent duty station 
        of the member of the Armed Forces.
            ``(2) Single permanent appointment per duty station.--A 
        relocating spouse of a member of the Armed Forces may not 
        receive more than 1 permanent appointment under this section for 
        each time the spouse relocates as described in subparagraphs (B) 
        and (C) of subsection (a)(5).

    ``(d) Special Rules Regarding Spouse of a Disabled or Deceased 
Member of the Armed Forces.--
            ``(1) In general.--An appointment of an eligible spouse as 
        described in subparagraph (A) or (B) of subsection (a)(6) is not 
        restricted to a geographical area.
            ``(2) Single permanent appointment.--A spouse of a disabled 
        or deceased member of the Armed Forces may not receive more than 
        1 permanent appointment under this section.''.

    (b) <<NOTE: Deadline. 5 USC 3330d note.>>  Regulations.--Not later 
than 180 after the date of the enactment of this Act, the Director of 
the Office of Personnel Management shall amend section 315.612 of title 
5, Code of Federal Regulations (relating to noncompetitive appointment 
of certain military spouses), in accordance with the amendment made by 
subsection (a) and promulgate or amend any other regulations necessary 
to carry out the amendment made by subsection (a).

    (c) Clerical Amendment.--The table of sections for chapter 33 of 
title 5, United States Code, is <<NOTE: 5 USC prec. 3301.>> amended by 
inserting after the item relating to section 3330c the following new 
item:

``3330d. Appointment of certain military spouses.''.

SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF THE 
                        DEPARTMENT OF DEFENSE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the anticipated future of 
the family support programs of the Department of Defense during the 
five-year period beginning on the date of the submittal of the report as 
end strengths for the Armed Forces are reduced and the Armed Forces are 
drawn down from combat operations in Afghanistan.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the current family support programs of 
        each of the Armed Forces and the Department of Defense, 
        including the name, scope and intended purpose of each program.
            (2) An assessment of the current costs of the family support 
        programs covered by paragraph (1), and an estimate of the costs 
        of anticipated family support programs of the Armed Forces and 
        Department over the period covered by the report.
            (3) An assessment of the costs and other consequences 
        associated with the elimination or reduction of any current

[[Page 126 STAT. 1752]]

        family support programs covered by paragraph (1) over the period 
        covered by the report.
            (4) An assessment of the family support programs of each of 
        the Armed Forces covered by paragraph (1), including any planned 
        or anticipated changes to the programs over the period covered 
        by the report.
SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW RIBBON 
                        DAY.

    Congress supports the goals and ideals of Yellow Ribbon Day in honor 
of members of the Armed Forces and other individuals of the United 
States who are serving overseas apart from their families and loved 
ones.

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

SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.

    (a) Additional Content of Surveys.--Subsection (c) of section 481 of 
title 10, United States Code, is amended--
            (1) by striking ``harassment and discrimination'' and 
        inserting ``harassment, assault, and discrimination'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The specific types of assault that have occurred, and 
        the number of times each respondent has been assaulted during 
        the preceding year.'';
            (4) in paragraph (4), as so redesignated, by striking 
        ``discrimination'' and inserting ``discrimination, harassment, 
        and assault''; and
            (5) by adding at the end the following new paragraph:
            ``(5) Any other issues relating to discrimination, 
        harassment, or assault as the Secretary of Defense considers 
        appropriate.''.

    (b) Time for Conducting of Surveys.--Such section is further 
amended--
            (1) in subsection (a)(1), by striking ``four quadrennial 
        surveys (each in a separate year)'' and inserting ``four 
        surveys''; and
            (2) by striking subsection (d) and inserting the following 
        new subsection:

    ``(d) When Surveys Required.--(1) One of the two Armed Forces 
Workplace and Gender Relations Surveys shall be conducted in 2014 and 
then every second year thereafter and the other Armed Forces Workplace 
and Gender Relations Survey shall be conducted in 2015 and then every 
second year thereafter, so that one of the two surveys is being 
conducted each year.
    ``(2) The two Armed Forces Workplace and Equal Opportunity Surveys 
shall be conducted at least once every four years. The two surveys may 
not be conducted in the same year.''.

[[Page 126 STAT. 1753]]

SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY RESERVE 
                        COMPONENT MEMBERS WHO ARE VICTIMS OF 
                        SEXUAL ASSAULT WHILE ON ACTIVE DUTY.

    (a) In General.--Chapter 1209 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 12323. <<NOTE: 10 USC 12323.>>  Active duty pending line of 
                    duty determination required for response to 
                    sexual assault

    ``(a) Continuation on Active Duty.--In the case of a member of a 
reserve component who is the alleged victim of sexual assault committed 
while on active duty and who is expected to be released from active duty 
before the determination is made regarding whether the member was 
assaulted while in the line of duty (in this section referred to as a 
`line of duty determination'), the Secretary concerned, upon the request 
of the member, may order the member to be retained on active duty until 
completion of the line of duty determination. A member eligible for 
continuation on active duty under this subsection shall be informed as 
soon as practicable after the alleged assault of the option to request 
continuation on active duty under this subsection.
    ``(b) Return to Active Duty.--In the case of a member of a reserve 
component not on active duty who is the alleged victim of a sexual 
assault that occurred while the member was on active duty and when the 
line of duty determination is not completed, the Secretary concerned, 
upon the request of the member, may order the member to active duty for 
such time as necessary for completion of the line of duty determination.
    ``(c) <<NOTE: Guidelines. Deadlines.>>  Regulations.--The 
Secretaries of the military departments shall prescribe regulations to 
carry out this section, subject to guidelines prescribed by the 
Secretary of Defense. The guidelines of the Secretary of Defense shall 
provide that--
            ``(1) a request submitted by a member described in 
        subsection (a) or (b) to continue on active duty, or to be 
        ordered to active duty, respectively, must be decided within 30 
        days from the date of the request; and
            ``(2) if the request is denied, the member may appeal to the 
        first general officer or flag officer in the chain of command of 
        the member, and in the case of such an appeal a decision on the 
        appeal must be made within 15 days from the date of the 
        appeal.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1209 of such title is <<NOTE: 10 USC prec. 12301.>> amended 
adding at the end the following new item:

``12323. Active duty pending line of duty determination required for 
           response to sexual assault.''.

SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF 
                        DEFENSE POLICY ON SEXUAL ASSAULT 
                        PREVENTION AND RESPONSE.

    (a) <<NOTE: Deadline.>>  Policy Modifications.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall modify the revised comprehensive policy for the Department 
of Defense sexual assault prevention and response program required by 
section 1602 of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4430; 10 U.S.C. 1561 
note) to include in the policy the following new requirements:

[[Page 126 STAT. 1754]]

            (1) <<NOTE: Records.>>  Subject to subsection (b), a 
        requirement that the Secretary of each military department 
        establish a record on the disposition of any Unrestricted Report 
        of sexual assault involving a member of the Armed Forces, 
        whether such disposition is court martial, nonjudicial 
        punishment, or other administrative action.
            (2) A requirement that the Secretary of each military 
        department establish policies to require the processing for 
        administrative separation of any member of the Armed Forces 
        under the jurisdiction of such Secretary whose conviction for a 
        covered offense is final and who is not punitively discharged 
        from the Armed Forces in connection with such conviction. Such 
        requirement--
                    (A) <<NOTE: Procedures. Regulations.>>  shall ensure 
                that any separation decision is based on the full facts 
                of the case and that due process procedures are provided 
                under regulations prescribed by the Secretary of 
                Defense; and
                    (B) shall not be interpreted to limit or alter the 
                authority of the Secretary of the military department 
                concerned to process members of the Armed Forces for 
                administrative separation for other offenses or under 
                other provisions of law.
            (3) <<NOTE: Deadline. Assessment.>>  A requirement that the 
        commander of each military command and other units specified by 
        the Secretary of Defense for purposes of the policy shall 
        conduct, within 120 days after the commander assumes command and 
        at least annually thereafter while retaining command, a climate 
        assessment of the command or unit for purposes of preventing and 
        responding to sexual assaults. The climate assessment shall 
        include an opportunity for members of the Armed Forces to 
        express their opinions regarding the manner and extent to which 
        their leaders, including commanders, respond to allegations of 
        sexual assault and complaints of sexual harassment and the 
        effectiveness of such response.
            (4) <<NOTE: Communication and tele- communications.>>  A 
        requirement to post and widely disseminate information about 
        resources available to report and respond to sexual assaults, 
        including the establishment of hotline phone numbers and 
        Internet websites available to all members of the Armed Forces.
            (5) <<NOTE: Notification.>>  A requirement for a general 
        education campaign to notify members of the Armed Forces 
        regarding the authorities available under chapter 79 of title 
        10, United States Code, for the correction of military records 
        when a member experiences any retaliatory personnel action for 
        making a report of sexual assault or sexual harassment.

    (b) Additional Requirements Regarding Disposition Records of Sexual 
Assault Reports.--
            (1) Elements.--The record of the disposition of an 
        Unrestricted Report of sexual assault established under 
        subsection (a)(1) shall include information regarding the 
        following, as appropriate:
                    (A) Documentary information collected about the 
                incident, other than investigator case notes.
                    (B) Punishment imposed, including the sentencing by 
                judicial or non-judicial means, including incarceration, 
                fines, restriction, and extra duty as a result of 
                military

[[Page 126 STAT. 1755]]

                court-martial, Federal or local court and other 
                sentencing, or any other punishment imposed.
                    (C) Adverse administrative actions taken against the 
                subject of the investigation, if any.
                    (D) Any pertinent referrals made for the subject of 
                the investigation, offered as a result of the incident, 
                such as drug and alcohol counseling and other types of 
                counseling or intervention.
            (2) Retention of records.--The Secretary of Defense shall 
        require that--
                    (A) the disposition records established pursuant to 
                subsection (a)(1) be retained for a period of not less 
                than 20 years; and
                    (B) information from the records that satisfies the 
                reporting requirements established in section 1631 of 
                the Ike Skelton National Defense Authorization Act for 
                Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 
                note) be incorporated into the Defense Sexual Assault 
                Incident Database and maintained for the same period as 
                applies to retention of the records under subparagraph 
                (A).

    (c) Covered Offense Defined.--For purposes of subsection (a)(2), the 
term ``covered offense'' means the following:
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of title 10, United States Code (article 120 of the 
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United 
        States Code (article 125 of the Uniform Code of Military 
        Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2) under section 880 of title 10, United States Code 
        (article 80 of the Uniform Code of Military Justice).
SEC. 573. <<NOTE: 10 USC 1561 note.>>  ESTABLISHMENT OF SPECIAL 
                        VICTIM CAPABILITIES WITHIN THE MILITARY 
                        DEPARTMENTS TO RESPOND TO ALLEGATIONS OF 
                        CERTAIN SPECIAL VICTIM OFFENSES.

    (a) <<NOTE: Regulations.>>  Establishment Required.--Under 
regulations prescribed by the Secretary of Defense, the Secretary of 
each military department shall establish special victim capabilities for 
the purposes of--
            (1) investigating and prosecuting allegations of child 
        abuse, serious domestic violence, or sexual offenses; and
            (2) providing support for the victims of such offenses.

    (b) Personnel.--The special victim capabilities developed under 
subsection (a) shall include specially trained and selected--
            (1) investigators from the Army Criminal Investigative 
        Command, Naval Criminal Investigative Service, or Air Force 
        Office of Special Investigations;
            (2) judge advocates;
            (3) victim witness assistance personnel; and
            (4) administrative paralegal support personnel.

    (c) Training, Selection, and Certification Standards.--The Secretary 
of Defense shall prescribe standards for the training, selection, and 
certification of personnel who will provide special victim capabilities 
for a military department.
    (d) Discretion Regarding Extent of Capabilities.--
            (1) <<NOTE: Determination.>>  In general.--Subject to 
        paragraph (2), the Secretary of a military department shall 
        determine the extent to which

[[Page 126 STAT. 1756]]

        special victim capabilities will be established within the 
        military department and prescribe regulations for the management 
        and use of the special victim capabilities.
            (2) Required elements.--At a minimum, the special victim 
        capabilities established within a military department must 
        provide effective, timely, and responsive world-wide support for 
        the purposes described in subsection (a).

    (e) <<NOTE: Deadlines.>>  Time for Establishment.--
            (1) <<NOTE: Reports.>>  Implementation plan.--Not later than 
        270 days after the date of the enactment of this Act, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        containing--
                    (A) the plans and time lines of the Secretaries of 
                the military departments for the establishment of the 
                special victims capabilities; and
                    (B) an assessment by the Secretary of Defense of the 
                plans and time lines.
            (2) Initial capabilities.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of each 
        military department shall have available an initial special 
        victim capability consisting of the personnel specified in 
        subsection (b).

    (f) <<NOTE: Deadline.>>  Evaluation of Effectiveness.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall--
            (1) <<NOTE: Criteria.>>  prescribe the common criteria to be 
        used by the Secretaries of the military departments to measure 
        the effectiveness and impact of the special victim capabilities 
        from the investigative, prosecutorial, and victim's 
        perspectives; and
            (2) <<NOTE: Reports.>>  require the Secretaries of the 
        military departments to collect and report the data used to 
        measure such effectiveness and impact.

    (g) Special Victim Capabilities Defined.--In this section, the term 
``special victim capabilities'' means a distinct, recognizable group of 
appropriately skilled professionals who work collaboratively to achieve 
the purposes described in subsection (a). This section does not require 
that the special victim capabilities be created as separate military 
unit or have a separate chain of command.
SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL ASSAULT 
                        PREVENTION AND RESPONSE.

     Section 585 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note) is 
amended by adding at the end the following new subsections:
    ``(d) Commanders' Training.--The Secretary of Defense shall provide 
for the inclusion of a sexual assault prevention and response training 
module in the training for new or prospective commanders at all levels 
of command. The training shall be tailored to the responsibilities and 
leadership requirements of members of the Armed Forces as they are 
assigned to command positions. Such training shall include the 
following:
            ``(1) Fostering a command climate that does not tolerate 
        sexual assault.
            ``(2) Fostering a command climate in which persons assigned 
        to the command are encouraged to intervene to prevent potential 
        incidents of sexual assault.

[[Page 126 STAT. 1757]]

            ``(3) Fostering a command climate that encourages victims of 
        sexual assault to report any incident of sexual assault.
            ``(4) Understanding the needs of, and the resources 
        available to, the victim after an incident of sexual assault.
            ``(5) Use of military criminal investigative organizations 
        for the investigation of alleged incidents of sexual assault.
            ``(6) Available disciplinary options, including court-
        martial, non-judicial punishment, administrative action, and 
        deferral of discipline for collateral misconduct, as 
        appropriate.

    ``(e) Explanation to Be Included in Initial Entry and Accession 
Training.--
            ``(1) Requirement.--The Secretary of Defense shall require 
        that the matters specified in paragraph (2) be carefully 
        explained to each member of the Army, Navy, Air Force, and 
        Marine Corps at the time of (or within fourteen duty days 
        after)--
                    ``(A) the member's initial entrance on active duty; 
                or
                    ``(B) the member's initial entrance into a duty 
                status with a reserve component.
            ``(2) <<NOTE: Applicability.>>  Matters to be explained.--
        This subsection applies with respect to the following:
                    ``(A) Department of Defense policy with respect to 
                sexual assault.
                    ``(B) The resources available with respect to sexual 
                assault reporting and prevention and the procedures to 
                be followed by a member seeking to access those 
                resources.''.
SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE REPORTING 
                        REQUIREMENTS REGARDING SEXUAL ASSAULTS.

    (a) Greater Detail in Case Synopses Portion of Report.--Section 1631 
of the Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note) is 
amended by adding at the end the following new subsection:
    ``(f) Additional Details for Case Synopses Portion of Report.--The 
Secretary of each military department shall include in the case synopses 
portion of each report described in subsection (b)(3) the following 
additional information:
            ``(1) If charges are dismissed following an investigation 
        conducted under section 832 of title 10, United States Code 
        (article 32 of the Uniform Code of Military Justice), the case 
        synopsis shall include the reason for the dismissal of the 
        charges.
            ``(2) If the case synopsis states that a member of the Armed 
        Forces accused of committing a sexual assault was 
        administratively separated or, in the case of an officer, 
        allowed to resign in lieu of facing a court-martial, the case 
        synopsis shall include the characterization (honorable, general, 
        or other than honorable) given the service of the member upon 
        separation.
            ``(3) The case synopsis shall indicate whether a member of 
        the Armed Forces accused of committing a sexual assault was ever 
        previously accused of a substantiated sexual assault or was 
        admitted to the Armed Forces under a moral waiver granted with 
        respect to prior sexual misconduct.

[[Page 126 STAT. 1758]]

            ``(4) The case synopsis shall indicate the branch of the 
        Armed Forces of each member accused of committing a sexual 
        assault and the branch of the Armed Forces of each member who is 
        a victim of a sexual assault.
            ``(5) If the case disposition includes non-judicial 
        punishment, the case synopsis shall explicitly state the nature 
        of the punishment.
            ``(6) The case synopsis shall indicate whether alcohol was 
        involved in any way in a substantiated sexual assault 
        incident.''.

    (b) Additional Elements of Each Report.--Subsection (b) of such 
section is amended by adding at the end the following new paragraphs:
            ``(7) The number of applications submitted under section 673 
        of title 10, United States Code, during the year covered by the 
        report for a permanent change of station or unit transfer for 
        members of the Armed Forces on active duty who are the victim of 
        a sexual assault or related offense, the number of applications 
        denied, and, for each application denied, a description of the 
        reasons why the application was denied.
            ``(8) An analysis and assessment of trends in the incidence, 
        disposition, and prosecution of sexual assaults by units, 
        commands, and installations during the year covered by the 
        report, including trends relating to prevalence of incidents, 
        prosecution of incidents, and avoidance of incidents.
            ``(9) An assessment of the adequacy of sexual assault 
        prevention and response activities carried out by training 
        commands during the year covered by the report.
            ``(10) An analysis of the specific factors that may have 
        contributed to sexual assault during the year covered by the 
        report, an assessment of the role of such factors in 
        contributing to sexual assaults during that year, and 
        recommendations for mechanisms to eliminate or reduce the 
        incidence of such factors or their contributions to sexual 
        assaults.''.

    (c) <<NOTE: 10 USC 1561 note.>>  Application of Amendments.--The 
amendments made by this section shall apply beginning with the report 
regarding sexual assaults involving members of the Armed Forces required 
to be submitted by March 1, 2014, under section 1631 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011.
SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF 
                        MILITARY JUSTICE AND JUDICIAL PROCEEDINGS 
                        OF SEXUAL ASSAULT CASES.

    (a) <<NOTE: Establishment.>>  Independent Reviews and Assessments 
Required.--
            (1) Response systems to adult sexual assault crimes.--The 
        Secretary of Defense shall establish a panel to conduct an 
        independent review and assessment of the systems used to 
        investigate, prosecute, and adjudicate crimes involving adult 
        sexual assault and related offenses under section 920 of title 
        10, United States Code (article 120 of the Uniform Code of 
        Military Justice), for the purpose of developing recommendations 
        regarding how to improve the effectiveness of such systems.
            (2) Judicial proceedings since fiscal year 2012 
        amendments.--The Secretary of Defense shall establish a panel to 
        conduct an independent review and assessment of judicial 
        proceedings conducted under the Uniform Code of Military Justice 
        involving adult sexual assault and related offenses since the

[[Page 126 STAT. 1759]]

        amendments made to the Uniform Code of Military Justice by 
        section 541 of the National Defense Authorization Act for Fiscal 
        Year 2012 (Public Law 112-81; 125 Stat. 1404) for the purpose of 
        developing recommendations for improvements to such proceedings.

    (b) Establishment of Independent Review Panels.--
            (1) Composition.--
                    (A) Response systems panel.--The panel required by 
                subsection (a)(1) shall be composed of nine members, 
                five of whom are appointed by the Secretary of Defense 
                and one member each appointed by the chairman and 
                ranking member of the Committees on Armed Services of 
                the Senate and the House of Representatives.
                    (B) Judicial proceedings panel.--The panel required 
                by subsection (a)(2) shall be appointed by the Secretary 
                of Defense and consist of five members, two of whom must 
                have also served on the panel established under 
                subsection (a)(1).
            (2) Qualifications.--The members of each panel shall be 
        selected from among private United States citizens who 
        collectively possess expertise in military law, civilian law, 
        the investigation, prosecution, and adjudication of sexual 
        assaults in State and Federal criminal courts, victim advocacy, 
        treatment for victims, military justice, the organization and 
        missions of the Armed Forces, and offenses relating to rape, 
        sexual assault, and other adult sexual assault crimes.
            (3) Chair.--The chair of each panel shall be appointed by 
        the Secretary of Defense from among the members of the panel.
            (4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the panel. Any vacancy in a panel 
        shall be filled in the same manner as the original appointment.
            (5) Deadline for appointments.--
                    (A) Response systems panel.--All original 
                appointments to the panel required by subsection (a)(1) 
                shall be made not later than 120 days after the date of 
                the enactment of this Act.
                    (B) Judicial proceedings panel.--All original 
                appointments to the panel required by subsection (a)(2) 
                shall be made before the termination date of the panel 
                established under subsection (a)(1), but no later than 
                30 days before the termination date.
            (6) Meetings.--A panel shall meet at the call of the chair.
            (7) <<NOTE: Deadline.>>  First meeting.--The chair shall 
        call the first meeting of a panel not later than 60 days after 
        the date of the appointment of all the members of the panel.

    (c) Reports and Duration.--
            (1) Response systems panel.--The panel established under 
        subsection (a)(1) shall terminate upon the earlier of the 
        following:
                    (A) Thirty days after the panel has submitted a 
                report of its findings and recommendations, through the 
                Secretary of Defense, to the Committees on Armed 
                Services of the Senate and the House of Representatives.
                    (B) Eighteen months after the first meeting of the 
                panel, by which date the panel is expected to have made 
                its report.

[[Page 126 STAT. 1760]]

            (2) Judicial proceedings panel.--
                    (A) First report.--The panel established under 
                subsection (a)(2) shall submit a first report, including 
                any proposals for legislative or administrative changes 
                the panel considers appropriate, to the Secretary of 
                Defense and the Committees on Armed Services of the 
                Senate and the House of Representatives not later than 
                180 days after the first meeting of the panel.
                    (B) Subsequent reports.--The panel established under 
                subsection (a)(2) shall submit subsequent reports during 
                fiscal years 2014 through 2017.
                    (C) Termination.--The panel established under 
                subsection (a)(2) shall terminate on September 30, 2017.

    (d) Duties of Panels.--
            (1) <<NOTE: Recommenda- tions.>>  Response systems panel.--
        In conducting a systemic review and assessment, the panel 
        required by subsection (a)(1) shall provide recommendations on 
        how to improve the effectiveness of the investigation, 
        prosecution, and adjudication of crimes involving adult sexual 
        assault and related offenses under section 920 of title 10, 
        United States Code (article 120 of the Uniform Code of Military 
        Justice). The review shall include the following:
                    (A) Using criteria the panel considers appropriate, 
                an assessment of the strengths and weaknesses of the 
                systems, including the administration of the Uniform 
                Code of the Military Justice, and the investigation, 
                prosecution, and adjudication, of adult sexual assault 
                crimes during the period 2007 through 2011.
                    (B) A comparison of military and civilian systems 
                for the investigation, prosecution, and adjudication of 
                adult sexual assault crimes. This comparison shall 
                include an assessment of differences in providing 
                support and protection to victims and the identification 
                of civilian best practices that may be incorporated into 
                any phase of the military system.
                    (C) An assessment of advisory sentencing guidelines 
                used in civilian courts in adult sexual assault cases 
                and whether it would be advisable to promulgate 
                sentencing guidelines for use in courts-martial.
                    (D) An assessment of the training level of military 
                defense and trial counsel, including their experience in 
                defending or prosecuting adult sexual assault crimes and 
                related offenses, as compared to prosecution and defense 
                counsel for similar cases in the Federal and State court 
                systems.
                    (E) An assessment and comparison of military court-
                martial conviction rates with those in the Federal and 
                State courts and the reasons for any differences.
                    (F) An assessment of the roles and effectiveness of 
                commanders at all levels in preventing sexual assaults 
                and responding to reports of sexual assault.
                    (G) An assessment of the strengths and weakness of 
                proposed legislative initiatives to modify the current 
                role of commanders in the administration of military 
                justice and the investigation, prosecution, and 
                adjudication of adult sexual assault crimes.

[[Page 126 STAT. 1761]]

                    (H) An assessment of the adequacy of the systems and 
                procedures to support and protect victims in all phases 
                of the investigation, prosecution, and adjudication of 
                adult sexual assault crimes, including whether victims 
                are provided the rights afforded by section 3771 of 
                title 18, United States Code, Department of Defense 
                Directive 1030.1, and Department of Defense Instruction 
                1030.2.
                    (I) Such other matters and materials the panel 
                considers appropriate.
            (2) Judicial proceedings panel.--The panel required by 
        subsection (a)(2) shall perform the following duties:
                    (A) Assess and make recommendations for improvements 
                in the implementation of the reforms to the offenses 
                relating to rape, sexual assault, and other sexual 
                misconduct under the Uniform Code of Military Justice 
                that were enacted by section 541 of the National Defense 
                Authorization Act for Fiscal Year 2012 (Public Law 112-
                81; 125 Stat. 1404).
                    (B) Review and evaluate current trends in response 
                to sexual assault crimes whether by courts-martial 
                proceedings, non-judicial punishment and administrative 
                actions, including the number of punishments by type, 
                and the consistency and appropriateness of the 
                decisions, punishments, and administrative actions based 
                on the facts of individual cases.
                    (C) Identify any trends in punishments rendered by 
                military courts, including general, special, and summary 
                courts-martial, in response to sexual assault, including 
                the number of punishments by type, and the consistency 
                of the punishments, based on the facts of each case 
                compared with the punishments rendered by Federal and 
                State criminal courts.
                    (D) Review and evaluate court-martial convictions 
                for sexual assault in the year covered by the most-
                recent report required by subsection (c)(2) and the 
                number and description of instances when punishments 
                were reduced or set aside upon appeal and the instances 
                in which the defendant appealed following a plea 
                agreement, if such information is available.
                    (E) Review and assess those instances in which prior 
                sexual conduct of the alleged victim was considered in a 
                proceeding under section 832 of title 10, United States 
                Code (article 32 of the Uniform Code of Military 
                Justice), and any instances in which prior sexual 
                conduct was determined to be inadmissible.
                    (F) Review and assess those instances in which 
                evidence of prior sexual conduct of the alleged victim 
                was introduced by the defense in a court-martial and 
                what impact that evidence had on the case.
                    (G) Building on the data compiled as a result of 
                paragraph (1)(D), assess the trends in the training and 
                experience levels of military defense and trial counsel 
                in adult sexual assault cases and the impact of those 
                trends in the prosecution and adjudication of such 
                cases.
                    (H) Monitor trends in the development, utilization 
                and effectiveness of the special victims capabilities 
                required by section 573 of this Act.

[[Page 126 STAT. 1762]]

                    (I) Monitor the implementation of the April 20, 
                2012, Secretary of Defense policy memorandum regarding 
                withholding initial disposition authority under the 
                Uniform Code of Military Justice in certain sexual 
                assault cases.
                    (J) Consider such other matters and materials as the 
                panel considers appropriate for purposes of the reports.
            (3) Utilization of other studies.--In conducting reviews and 
        assessments and preparing reports, a panel may review, and 
        incorporate as appropriate, the data and findings of applicable 
        ongoing and completed studies.

    (e) Authority of Panels.--
            (1) Hearings.--A panel may hold such hearings, sit and act 
        at such times and places, take such testimony, and receive such 
        evidence as the panel considers appropriate to carry out its 
        duties under this section.
            (2) Information from federal agencies.--Upon request by the 
        chair of a panel, a department or agency of the Federal 
        Government shall provide information that the panel considers 
        necessary to carry out its duties under this section.

    (f) Personnel Matters.--
            (1) Pay of members.--Members of a panel shall serve without 
        pay by reason of their work on the panel.
            (2) Travel expenses.--The members of a panel shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance or services for the panel.
            (3) Staffing and resources.--The Secretary of Defense shall 
        provide staffing and resources to support the panels, except 
        that the Secretary may not assign primary responsibility for 
        such staffing and resources to the Sexual Assault Prevention and 
        Response Office.
SEC. 577. <<NOTE: 10 USC 1561 note.>>  RETENTION OF CERTAIN FORMS 
                        IN CONNECTION WITH RESTRICTED REPORTS ON 
                        SEXUAL ASSAULT AT REQUEST OF THE MEMBER OF 
                        THE ARMED FORCES MAKING THE REPORT.

    (a) Period of Retention.--At the request of a member of the Armed 
Forces who files a Restricted Report on an incident of sexual assault 
involving the member, the Secretary of Defense shall ensure that all 
copies of Department of Defense Form 2910 and Department of Defense Form 
2911 filed in connection with the Restricted Report be retained for the 
longer of--
            (1) 50 years commencing on the date of signature of the 
        member on Department of Defense Form 2910; or
            (2) the time provided for the retention of such forms in 
        connection with Unrestricted Reports on incidents of sexual 
        assault involving members of the Armed Forces under Department 
        of Defense Directive-Type Memorandum (DTM) 11-062, entitled 
        ``Document Retention in Cases of Restricted and Unrestricted 
        Reports of Sexual Assault'', or any successor directive or 
        policy.

    (b) Protection of Confidentiality.--Any Department of Defense form 
retained under subsection (a) shall be retained in a manner that 
protects the confidentiality of the member of the Armed Forces concerned 
in accordance with procedures for the

[[Page 126 STAT. 1763]]

protection of confidentiality of information in Restricted Reports under 
Department of Defense memorandum JTF-SAPR-009, relating to the 
Department of Defense policy on confidentiality for victims of sexual 
assault, or any successor policy or directive.
SEC. 578. <<NOTE: 10 USC 1561 note.>>  GENERAL OR FLAG OFFICER 
                        REVIEW OF AND CONCURRENCE IN SEPARATION OF 
                        MEMBERS OF THE ARMED FORCES MAKING AN 
                        UNRESTRICTED REPORT OF SEXUAL ASSAULT.

    (a) <<NOTE: Policy.>>  Review Required.--The Secretary of Defense 
shall develop a policy to require a general officer or flag officer of 
the Armed Forces to review the circumstances of, and grounds for, the 
proposed involuntary separation of any member of the Armed Forces who--
            (1) made an Unrestricted Report of a sexual assault;
            (2) within one year after making the Unrestricted Report of 
        a sexual assault, is recommended for involuntary separation from 
        the Armed Forces; and
            (3) requests the review on the grounds that the member 
        believes the recommendation for involuntary separation from the 
        Armed Forces was initiated in retaliation for making the report.

    (b) Concurrence Required.--If a review is requested by a member of 
the Armed Forces as authorized by subsection (a), the concurrence of the 
general officer or flag officer conducting the review of the proposed 
involuntary separation of the member is required in order to separate 
the member.
    (c) <<NOTE: Deadline. Reports.>>  Submission of Policy.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report containing the policy 
developed under subsection (a).

    (d) <<NOTE: Effective date.>>  Application of Policy.--The policy 
developed under subsection (a) shall take effect on the date of the 
submission of the policy to Congress under subsection (c) and apply to 
members of the Armed Forces described in subsection (a) who are proposed 
to be involuntarily separated from the Armed Forces on or after that 
date.
SEC. 579. <<NOTE: 10 USC 1561 note.>>  DEPARTMENT OF DEFENSE 
                        POLICY AND PLAN FOR PREVENTION AND 
                        RESPONSE TO SEXUAL HARASSMENT IN THE ARMED 
                        FORCES.

    (a) Comprehensive Prevention and Response Policy.--
            (1) Policy required.--The Secretary of Defense shall develop 
        a comprehensive policy to prevent and respond to sexual 
        harassment in the Armed Forces. The policy shall provide for the 
        following:
                    (A) Training for members of the Armed Forces on the 
                prevention of sexual harassment.
                    (B) Mechanisms for reporting incidents of sexual 
                harassment in the Armed Forces, including procedures for 
                reporting anonymously.
                    (C) Mechanisms for responding to and resolving 
                incidents of alleged sexual harassment incidences 
                involving members of the Armed Forces, including through 
                the prosecution of offenders.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the

[[Page 126 STAT. 1764]]

        House of Representatives a report setting forth the policy 
        required by paragraph (1).
            (3) Consultation.--The Secretary of Defense shall prepare 
        the policy and report required by this subsection in 
        consultation with the Secretaries of the military departments 
        and the Equal Opportunity Office of the Department of Defense.

    (b) Data Collection and Reporting Regarding Substantiated Incidents 
of Sexual Harassment.--
            (1) Plan required.--The Secretary of Defense shall develop a 
        plan to collect information and data regarding substantiated 
        incidents of sexual harassment involving members of the Armed 
        Forces. The plan shall specifically deal with the need to 
        identify cases in which a member is accused of multiple 
        incidents of sexual harassment.
            (2) <<NOTE: Deadline.>>  Submission of plan.--Not later than 
        June 1, 2013, the Secretary of Defense shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives the plan developed under paragraph (1).
            (3) Reporting requirement.--As part of the reports required 
        to be submitted in 2014 under section 1631 of the Ike Skelton 
        National Defense Authorization Act for Fiscal Year 2011 (Public 
        Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note), the Secretary 
        of Defense shall include information and data collected under 
        the plan during the preceding year regarding substantiated 
        incidents of sexual harassment involving members of the Armed 
        Forces.

              Subtitle I--Suicide Prevention and Resilience

SEC. 580. <<NOTE: 10 USC 1071 note.>>  ENHANCEMENT OF OVERSIGHT 
                        AND MANAGEMENT OF DEPARTMENT OF DEFENSE 
                        SUICIDE PREVENTION AND RESILIENCE 
                        PROGRAMS.

    (a) <<NOTE: Establishment.>>  In General.--The Secretary of Defense 
shall, acting through the Under Secretary of Defense for Personnel and 
Readiness, establish within the Office of the Secretary of Defense a 
position with responsibility for oversight of all suicide prevention and 
resilience programs of the Department of Defense (including those of the 
military departments and the Armed Forces).

    (b) Scope of Responsibilities.--The individual serving in the 
position established under subsection (a) shall have the 
responsibilities as follows:
            (1) To establish a uniform definition of resiliency for use 
        in the suicide prevention and resilience programs and 
        preventative behavioral health programs of the Department of 
        Defense (including those of the military departments and the 
        Armed Forces).
            (2) To oversee the implementation of the comprehensive 
        policy on the prevention of suicide among members of the Armed 
        Forces required by section 582.
SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESILIENCE 
                        PROGRAM.

    (a) Codification, Transfer of Responsibility, and Extension.--

[[Page 126 STAT. 1765]]

            (1) In general.--Chapter 1007 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 10219. <<NOTE: 10 USC 10219.>>  Suicide prevention and 
                    resilience program

    ``(a) Program Requirement.--The Secretary of Defense shall establish 
and carry out a program to provide members of the National Guard and 
Reserves and their families with training in suicide prevention, 
resilience, and community healing and response to suicide, including 
provision of such training at Yellow Ribbon Reintegration Program events 
and activities authorized under section 582 of the National Defense 
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
    ``(b) Suicide Prevention Training.--Under the program, the Secretary 
shall provide members of the National Guard and Reserves with training 
in suicide prevention. Such training may include--
            ``(1) describing the warning signs for suicide and teaching 
        effective strategies for prevention and intervention;
            ``(2) examining the influence of military culture on risk 
        and protective factors for suicide; and
            ``(3) engaging in interactive case scenarios and role plays 
        to practice effective intervention strategies.

    ``(c) Community Response Training.--Under the program, the Secretary 
shall provide the families and communities of members of the National 
Guard and Reserves with training in responses to suicide that promote 
individual and community healing. Such training may include--
            ``(1) enhancing collaboration among community members and 
        local service providers to create an integrated, coordinated 
        community response to suicide;
            ``(2) communicating best practices for preventing suicide, 
        including safe messaging, appropriate memorial services, and 
        media guidelines;
            ``(3) addressing the impact of suicide on the military and 
        the larger community, and the increased risk that can result; 
        and
            ``(4) managing resources to assist key community and 
        military service providers in helping the families, friends, and 
        fellow servicemembers of a suicide victim through the processes 
        of grieving and healing.

    ``(d) Community Training Assistance.--The program shall include the 
provision of assistance with such training to the local communities of 
those servicemembers and families, to be provided in coordination with 
local community programs.
    ``(e) Collaboration.--In carrying out the program, the Secretary 
shall collect and analyze `lessons learned' and suggestions from State 
National Guard and Reserve organizations with existing or developing 
suicide prevention and community response programs.
    ``(f) Termination.--The program under this section shall terminate 
on October 1, 2017.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1007 of such title is <<NOTE: 10 USC prec. 
        10201.>> amended by adding at the end the following new item:

``10219. Suicide prevention and resilience program.''.


[[Page 126 STAT. 1766]]



    (b) Repeal of Superseded Provision.--Subsection (i) of section 582 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 10 U.S.C. 10101 note) is repealed.
SEC. 582. <<NOTE: 10 USC 1071 note.>>  COMPREHENSIVE POLICY ON 
                        PREVENTION OF SUICIDE AMONG MEMBERS OF THE 
                        ARMED FORCES.

    (a) <<NOTE: Deadline.>>  Comprehensive Policy Required.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall, acting through the Under Secretary of Defense for 
Personnel and Readiness, develop within the Department of Defense a 
comprehensive policy on the prevention of suicide among members of the 
Armed Forces. <<NOTE: Recommenda- tions.>> In developing the policy, the 
Secretary shall consider recommendations from the operational elements 
of the Armed Forces regarding the feasibility of the implementation and 
execution of particular elements of the policy.

    (b) Elements.--The policy required by subsection (a) shall cover 
each of the following:
            (1) Increased awareness among members of the Armed Forces 
        about mental health conditions and the stigma associated with 
        mental health conditions and mental health care.
            (2) The means of identifying members who are at risk for 
        suicide (including enhanced means for early identification and 
        treatment of such members).
            (3) The continuous access by members to suicide prevention 
        services, including suicide crisis services.
            (4) The means to evaluate and assess the effectiveness of 
        the suicide prevention and resilience programs and preventative 
        behavioral health programs of the Department of Defense 
        (including those of the military departments and the Armed 
        Forces), including the development of metrics for that purpose.
            (5) The means to evaluate and assess the current diagnostic 
        tools and treatment methods in the programs referred to in 
        paragraph (4) to ensure clinical best practices are used in such 
        programs.
            (6) The standard of care for suicide prevention to be used 
        throughout the Department.
            (7) The training of mental health care providers on suicide 
        prevention.
            (8) The training standards for behavioral health care 
        providers to ensure that such providers receive training on 
        clinical best practices and evidence-based treatments as 
        information on such practices and treatments becomes available.
            (9) The integration of mental health screenings and suicide 
        risk and prevention for members into the delivery of primary 
        care for such members.
            (10) The standards for responding to attempted or completed 
        suicides among members, including guidance and training to 
        assist commanders in addressing incidents of attempted or 
        completed suicide within their units.
            (11) The means to ensure the protection of the privacy of 
        members seeking or receiving treatment relating to suicide.
            (12) Such other matters as the Secretary considers 
        appropriate in connection with the prevention of suicide among 
        members.

[[Page 126 STAT. 1767]]

SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEMBERS OF THE ARMY.

    (a) Study Required.--The Secretary of the Army shall conduct a study 
of resilience programs within the Army for the purpose of assessing the 
effectiveness of the current Comprehensive Soldier and Family Fitness 
(CSF2) Program of the Army, while verifying the current means of the 
Army to reduce trends in high risk or self-destructive behavior and to 
prepare members of the Army to manage stressful or traumatic situations 
by training members in resilience strategies and techniques.
    (b) Elements.--In conducting the study, the Secretary of the Army 
shall determine the effectiveness and quality of training under the 
Comprehensive Soldier and Family Fitness program in--
            (1) enhancing individual performance through resiliency 
        techniques and use of positive and sports psychology; and
            (2) identifying and responding to early signs of high-risk 
        behavior in members of the Army.

    (c) Use of Science-based Evidence and Techniques.--In conducting the 
study, the Secretary of the Army shall utilize scientific evidence, 
including professionally accepted measurements and assessments, to 
evaluate those interventions that show positive results and those 
interventions that have no impact.
    (d) Duration of Study.--The study shall be conducted through 
September 30, 2014.
    (e) Report on Study Results.--Not later than October 31, 2014, the 
Secretary of the Army shall submit to the Committees on Armed Forces of 
the Senate and the House of Representatives a report containing the 
results of the study. The report shall include the following:
            (1) A description of the trends in high risk or self-
        destructive behavior among members of the Army.
            (2) A description and measurements of the effectiveness of 
        Comprehensive Soldier and Family Fitness Program training in 
        enhancing individual performance through resiliency techniques, 
        utilization of positive psychology.
            (3) Such recommendations or other information as the 
        Secretary considers appropriate.

                        Subtitle J--Other Matters

SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL.

    Section 1128 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or'' at the end of paragraph (2);
                    (B) by striking ``; or'' at the end of paragraph (3) 
                and inserting a period; and
                    (C) by striking paragraph (4);
            (2) by redesignating subsections (b) through (h) as 
        subsections (c) through (i), respectively; and
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) <<NOTE: Regulations.>>  Under uniform regulations prescribed 
by the Secretary of Defense, the Secretary concerned may issue a 
prisoner-of-war medal to any person who, while serving in any capacity 
with the armed forces, was held captive under circumstances not covered

[[Page 126 STAT. 1768]]

by paragraph (1), (2), or (3) of subsection (a), but which the Secretary 
concerned finds were comparable to those circumstances under which 
persons have generally been held captive by enemy armed forces during 
periods of armed conflict.''.
SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION OF THE 
                        ARMED FORCES INSTITUTE OF PATHOLOGY UNDER 
                        DEFENSE BASE CLOSURE AND REALIGNMENT.

    Section 177 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                          (i) by striking ``those professional 
                      societies'' and all that follows through ``the 
                      Armed Forces Institute of Pathology'' and 
                      inserting ``the professional societies and 
                      organizations that support the activities of the 
                      American Registry of Pathology''; and
                          (ii) by striking the second sentence; and
                    (B) in paragraph (3), by striking ``with the 
                concurrence of the Director of the Armed Forces 
                Institute of Pathology'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2), (3), (4), and 
                (5) as paragraphs (1), (2), (3), and (4), respectively; 
                and
            (3) in subsection (d), by striking ``to the Director'' and 
        all that follows through ``it deems desirable,'' and inserting 
        ``annually to its Board and supporting organizations referred to 
        in subsection (a)(2)''.
SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL 
                        REGISTER ON INSTITUTIONS OF HIGHER 
                        EDUCATION INELIGIBLE FOR CONTRACTS AND 
                        GRANTS FOR DENIAL OF ROTC OR MILITARY 
                        RECRUITER ACCESS TO CAMPUS.

    Section 983 of title 10, United States Code, is amended by striking 
subsection (f).
SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO EDUCATIONAL 
                        ACTIVITIES AND VOLUNTARY SERVICES TO 
                        ACCOUNT FOR MISSING PERSONS.

    (a) Activities Benefitting Education as Services Eligible for 
Acceptance.--Section 2601(i)(2) of title 10, United States Code, is 
amended by inserting ``education,'' before ``morale,''.
    (b) Acceptance of Voluntary Services Related to Accounting for 
Missing Persons.--Section 1588(a) of such title is amended by adding at 
the end the following new paragraph:
            ``(9) Voluntary services to facilitate accounting for 
        missing persons.''.
SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, COMMONWEALTH, 
                        AND TERRITORIAL FLAGS BY THE ARMED FORCES.

    (a) Display.--Subsection (a) of section 2249b of title 10, United 
States Code, is amended to read as follows:
    ``(a) Display of Flags by Armed Forces.--The Secretary of Defense 
shall ensure that, whenever the official flags of all 50 States are 
displayed by the armed forces, such display shall include the flags of 
the District of Columbia, the Commonwealth of Puerto

[[Page 126 STAT. 1769]]

Rico, the United States Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 2249b. Display of State, District of Columbia, 
                    commonwealth, and territorial flags by the 
                    armed forces''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 134 of such title is <<NOTE: 10 USC prec. 
        2241.>> amended by striking the item relating to section 2249b 
        and inserting the following new item:

``2249b. Display of State, District of Columbia, commonwealth, and 
           territorial flags by the armed forces.''.

SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF DEFENSE 
                        INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT 
                        OF DEFENSE EDUCATIONAL INSTITUTIONS AND 
                        PROGRAMS.

    (a) Navy Defense Product Development Program.--Section 7049(a) of 
title 10, United States Code, is amended--
            (1) in the second sentence, by inserting ``or professional 
        continuing education certificate'' after ``master's degree''; 
        and
            (2) in the last sentence, by inserting before the period at 
        the end the following: ``or an appropriate professional 
        continuing education certificate, as applicable''.

    (b) United States Air Force Institute of Technology.--Section 
9314a(a) of such title is amended--
            (1) in paragraph (1), by inserting ``or professional 
        continuing education certificate'' after ``graduate degree''; 
        and
            (2) in paragraph (3), by inserting before the period at the 
        end the following: ``or an appropriate professional continuing 
        education certificate, as applicable''.

    (c) <<NOTE: 10 USC 7049 note. Determination.>>  Request for Increase 
in Number of Defense Industry Civilians Authorized for Admission.--If 
the Secretary of Defense determines that it is in the best interest of 
the Department of Defense to increase the maximum number of defense 
industry employees authorized to be enrolled in the Naval Defense 
Development Program or the Air Force Institute of Technology at any one 
time, as specified in sections 7049(a) and 9314a(a) of title 10, United 
States Code, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a request for 
such an increase, including draft legislation to effectuate the 
increase.
SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM OF 
                        REFERRAL AND COUNSELING SERVICES TO 
                        VETERANS AT RISK OF HOMELESSNESS WHO ARE 
                        TRANSITIONING FROM CERTAIN INSTITUTIONS.

    Section 2023(d) of title 38, United States Code, is amended by 
striking ``September 30, 2012'' and inserting ``September 30, 2013''.
SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURISDICTION 
                        OF DEPARTMENT OF DEFENSE.

    (a) DOD Inspector General Inspection of Arlington National Cemetery 
and United States Soldiers' and Airmen's

[[Page 126 STAT. 1770]]

Home National Cemetery.--Section 1(d) of Public Law 111-339 (124 Stat. 
3592) is amended--
            (1) in paragraph (1), by striking ``The Secretary'' in the 
        first sentence and inserting ``Subject to paragraph (2), the 
        Secretary''; and
            (2) in paragraph (2), by adding at the end the following new 
        sentence: ``However, <<NOTE: Reports. Assessment.>> in the case 
        of the report required to be submitted during 2013, the 
        assessment described in paragraph (1) shall be conducted, and 
        the report shall be prepared and submitted, by the Inspector 
        General of the Department of Defense instead of the Secretary of 
        the Army.''.

    (b) Time for Submission of Report and Plan of Action Regarding 
Inspection of Cemeteries at Military Installations.--Section 592(d)(2) 
of the National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112-81; 125 Stat. 1443) is amended--
            (1) by striking ``December 31, 2012'' and inserting ``June 
        29, 2013''; and
            (2) by striking ``April 1, 2013'' and inserting ``October 1, 
        2013''.
SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS 
                        CONDUCTED WITH RESPECT TO PORT MORTUARY 
                        DIVISION OF THE AIR FORCE MORTUARY AFFAIRS 
                        OPERATIONS CENTER AT DOVER AIR FORCE BASE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report of the investigations and reviews that were 
conducted with respect to the improper handling and preparation of the 
remains of deceased members of the Armed Forces and civilians at the 
Port Mortuary Division of the Air Force Mortuary Affairs Operations 
Center at Dover Air Force Base. The investigations and reviews 
considered shall include--
            (1) the 436th Air Wing Inspector General review;
            (2) the Air Force Office of Special Investigations report;
            (3) the Air Force Office of Inspector General investigation;
            (4) the Office of Special Counsel review;
            (5) the Defense Health Board's Dover Port Mortuary 
        Independent Review Subcommittee report; and
            (6) any other reviews or investigations of operations at 
        Dover Port Mortuary that have been conducted since January 1, 
        2011.

    (b) Elements of Report.--The report shall--
            (1) summarize and evaluate the recommendations made, and the 
        actions undertaken, as a result of the investigations and 
        reviews, and the current status of implementation of such 
        recommendations and actions; and
            (2) provide any additional recommendations for improvement 
        of operations at Dover Port Mortuary, including any best 
        practices for casualty notification, family support, and 
        mortuary affairs operations.
SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS AND 
                        STRIPES.

    (a) <<NOTE: Extension. Contracts.>>  Maintenance of Geographic 
Separation.--To preserve the actual and perceived editorial and 
management independence of the Stars and Stripes newspaper, the 
Secretary of Defense shall

[[Page 126 STAT. 1771]]

extend the lease for the commercial office space in the District of 
Columbia currently occupied by the editorial and management operations 
of the Stars and Stripes newspaper until such time as the Secretary 
provides space and information technology and other support for such 
operations in a Government-owned facility in the National Capital Region 
geographically remote from facilities of the Defense Media Activity at 
Fort Meade, Maryland.

    (b) Implementation Report.--Not later than February 1, 2013, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report describing the 
implementation of subsection (a).
SEC. 594. <<NOTE: 20 USC 2142 note.>>  NATIONAL PUBLIC AWARENESS 
                        AND PARTICIPATION CAMPAIGN FOR VETERANS' 
                        HISTORY PROJECT OF AMERICAN FOLKLIFE 
                        CENTER.

    (a) In General.--The Director of the American Folklife Center at the 
Library of Congress shall carry out a national public awareness and 
participation campaign for the program required by section 3(a) of the 
Veterans' Oral History Project Act (20 U.S.C. 2142(a)). Such campaign 
shall provide for the following:
            (1) Encouraging the people of the United States, veterans 
        organizations, community groups, and national organizations to 
        participate in such program.
            (2) Ensuring greater awareness and participation throughout 
        the United States in such program.
            (3) Providing meaningful opportunities for learning about 
        the experiences of veterans.
            (4) Complementing the efforts supporting the readjustment 
        and successful reintegration of veterans into civilian life 
        after service in the Armed Forces.

    (b) Coordination and Cooperation.--To the degree practicable, the 
Director shall, in carrying out the campaign required by subsection (a), 
coordinate and cooperate with veterans service organizations.
    (c) Veterans Service Organization Defined.--In this section, the 
term ``veterans service organization'' means any organization recognized 
by the Secretary of Veterans Affairs for the representation of veterans 
under section 5902 of title 38, United States Code.
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLLMENT 
                        ELIGIBILITY REPORTING SYSTEM.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a plan to 
improve the completeness and accuracy of the data contained in the 
Defense Enrollment Eligibility Reporting System (DEERS) in order--
            (1) to provide for the standardization of identification 
        credentials required for eligibility, enrollment, transactions, 
        and updates across all Department of Defense installations; and
            (2) to ensure that persons issued military identification 
        cards and receiving benefits based on DEERS data are actually 
        eligible for such cards and benefits.

[[Page 126 STAT. 1772]]

SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY KNOWN AS 
                        TAPS SHOULD BE DESIGNATED AS THE NATIONAL 
                        SONG OF MILITARY REMEMBRANCE.

    It is the sense of Congress that the bugle call commonly known as 
``Taps'' should be designated as the National Song of Military 
Remembrance.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates 
           of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one 
           member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing 
           active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in 
           Post-Deployment/Mobilization Respite Absence program due to 
           Government error.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for 
           officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve 
           component members who convert military occupational specialty 
           to ease personnel shortages.

            Subtitle C--Travel and Transportation Allowances

Sec. 621. Permanent change of station allowances for members of Selected 
           Reserve units filling a vacancy in another unit after being 
           involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel 
           on Department of Defense aircraft.

    Subtitle D--Benefits and Services for Members Being Separated or 
                           Recently Separated

Sec. 631. Extension of authority to provide two years of commissary and 
           exchange benefits after separation.
Sec. 632. Transitional use of military family housing.

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

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan 
           premiums when participant waives retired pay to provide a 
           survivor annuity under Federal Employees Retirement System 
           and terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group 
           Life Insurance for members of the Armed Forces married to 
           other members.
Sec. 643. Clarification of computation of combat-related special 
           compensation for chapter 61 disability retirees.

Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 651. Repeal of certain recordkeeping and reporting requirements 
           applicable to commissary and exchange stores overseas.

[[Page 126 STAT. 1773]]

Sec. 652. Treatment of Fisher House for the Families of the Fallen and 
           Meditation Pavilion at Dover Air Force Base, Delaware, as a 
           Fisher House.

                      Subtitle G--Military Lending

Sec. 661. Additional enhancements of protections on consumer credit for 
           members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit 
           extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying 
           limitations on terms of consumer credit extended to certain 
           members of the Armed Forces and their dependents.

     Subtitle H--Military Compensation and Retirement Modernization 
                               Commission

Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.

                        Subtitle I--Other Matters

Sec. 681. Equal treatment for members of Coast Guard Reserve called to 
           active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process 
           transformation plan.

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>>  FISCAL YEAR 2013 INCREASE 
                        IN MILITARY BASIC PAY.

    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2013 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized members 
of the uniformed services shall not be made.
    (b) <<NOTE: Effective date.>>  Increase in Basic Pay.--Effective on 
January 1, 2013, the rates of monthly basic pay for members of the 
uniformed services are increased by 1.7 percent.
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN 
                        RATES OF BASIC ALLOWANCE FOR HOUSING UNDER 
                        CERTAIN CIRCUMSTANCES.

    Section 403(b)(7)(E) of title 37, United States Code, is amended by 
striking ``December 31, 2012'' and inserting ``December 31, 2013''.
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN 
                        ONE MEMBER IS ON SEA DUTY.

    (a) In General.--Subparagraph (C) of section 403(f)(2) of title 37, 
United States Code, is amended to read as follows:
    ``(C) Notwithstanding section 421 of this title, a member of a 
uniformed service in a pay grade below pay grade E-6 who is assigned to 
sea duty and is married to another member of a uniformed service is 
entitled to a basic allowance for housing subject to the limitations of 
subsection (e).''.
    (b) <<NOTE: 37 USC 403 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on January 1, 2013.

[[Page 126 STAT. 1774]]

SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS 
                        PERFORMING ACTIVE GUARD AND RESERVE DUTY.

    (a) Treatment of Active Guard and Reserve Duty.--Section 403(g) of 
title 37, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(6)(A) <<NOTE: Applicability.>>  This paragraph applies with 
respect to a member of a reserve component who performs active Guard and 
Reserve duty (as defined in section 101(d)(6) of title 10).

    ``(B) The rate of basic allowance for housing to be paid to a member 
described in subparagraph (A) shall be based on the member's permanent 
duty station, even during instances in which the member is mobilized for 
service on active duty other than active Guard and Reserve duty.
    ``(C)(i) During transitions in service status from active Guard and 
Reserve duty to other active duty and back to active Guard and Reserve 
duty, or following the start of new periods of service resulting from a 
change in orders, a member described in subparagraph (A) shall be 
considered as retaining uninterrupted eligibility to receive a basic 
allowance for housing in an area as provided for under subsections 
(b)(6) and (c)(2) so long as the member remains on active duty without a 
break in service.
    ``(ii) Clause (i) does not apply if the member's permanent duty 
station changes as a result of orders directing a permanent change in 
station with the authority for the movement of household goods.
    ``(iii) For purposes of clause (i), a break in active service occurs 
when one or more calendar days between active service periods do not 
qualify as active service.
    ``(D) <<NOTE: Applicability.>>  Subsections (d)(3) and (o) also 
apply to a member described in subparagraph (A).''.

    (b) <<NOTE: 37 USC 403 note.>>  Transitional Provisions.--
            (1) In general.--The basic allowance for housing paid to a 
        member of a reserve component described in subparagraph (A) of 
        paragraph (6) of section 403(g) of title 37, United States Code, 
        as added by subsection (a), who on the date of the enactment of 
        the National Defense Authorization Act for Fiscal Year 2013 is 
        being paid basic allowance for housing at a rate that is based 
        on a housing area other than the member's permanent duty 
        station, shall be paid at that current rate until the member is 
        assigned to perform duty at the member's permanent duty station, 
        at which time the member shall be paid basic allowance for 
        housing at the prevailing permanent duty station housing area 
        rate or at the permanent duty station housing rate for which the 
        member has qualified under such paragraph (6).
            (2) Alternative rate.--The Secretary of a military 
        department, with the approval of the Secretary of Defense, may 
        pay a member covered by paragraph (1) and under the jurisdiction 
        of that Secretary a basic allowance for housing at a rate higher 
        than the rate provided under such paragraph to ensure that the 
        member is treated fairly and equitably or to serve the best 
        interests of the United States.
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 
                        MEMBERS IN POST-DEPLOYMENT/MOBILIZATION 
                        RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT 
                        ERROR.

    (a) Payment of Benefit.--

[[Page 126 STAT. 1775]]

            (1) In general.--Upon application, the Secretary concerned 
        shall make a payment to each individual described in paragraph 
        (2) of $200 for each day of nonparticipation of such individual 
        in the Post-Deployment/Mobilization Respite Absence program as 
        described in that paragraph.
            (2) Covered individuals.--An individual described in this 
        paragraph is an individual who--
                    (A) was eligible for participation as a member of 
                the Armed Forces in the Post-Deployment/Mobilization 
                Respite Absence program; but
                    (B) as determined by the Secretary concerned 
                pursuant to an application for the correction of the 
                military records of such individual pursuant to section 
                1552 of title 10, United States Code, or other process 
                as determined by the Secretary, did not participate in 
                one or more days in the program for which the individual 
                was so eligible due to Government error.

    (b) Deceased Individuals.--
            (1) Applications.--If an individual otherwise covered by 
        subsection (a) is deceased, the application required by that 
        subsection shall be made by the individual's legal 
        representative.
            (2) Payment.--If an individual to whom payment would be made 
        under subsection (a) is deceased at time of payment, payment 
        shall be made in the manner specified in section 1552(c)(2) of 
        title 10, United States Code, or other process as determined by 
        the Secretary concerned.

    (c) Payment in Lieu of Administrative Absence.--Payment under 
subsection (a) with respect to a day described in that subsection shall 
be in lieu of any entitlement of the individual concerned to a day of 
administrative absence for such day.
    (d) Construction.--
            (1) Construction with other pay.--Any payment with respect 
        to an individual under subsection (a) is in addition to any 
        other pay provided by law.
            (2) Construction of authority.--It is the sense of Congress 
        that--
                    (A) the sole purpose of the authority in this 
                section is to remedy administrative errors; and
                    (B) the authority in this section is not intended to 
                establish any entitlement in connection with the Post-
                Deployment/Mobilization Respite Absence program.

    (e) Definitions.--In this section, the terms ``Post-Deployment/
Mobilization Respite Absence program'' and ``Secretary concerned'' have 
the meaning given such terms in section 604(f) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2350).

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR RESERVE FORCES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':

[[Page 126 STAT. 1776]]

            (1) Section 308b(g), relating to Selected Reserve 
        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve 
        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for enlisted 
        members assigned to certain high-priority units.
            (4) Section 308g(f)(2), relating to Ready Reserve enlistment 
        bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (6) Section 308i(f), relating to Selected Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (7) <<NOTE: 37 USC 478a.>>  Section 408a(e), relating to 
        reimbursement of travel expenses for inactive-duty training 
        outside of normal commuting distance.
            (8) Section 910(g), relating to income replacement payments 
        for reserve component members experiencing extended and frequent 
        mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2012'' and 
inserting ``December 31, 2013'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2012'' and 
inserting ``December 31, 2013'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for medical 
        officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES 
                        FOR NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.

[[Page 126 STAT. 1777]]

            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
                        CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, 
                        AND BONUS AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(h), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(i), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(h), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for transfer 
        between armed forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION BONUS 
                        FOR OFFICERS IN THE SELECTED RESERVE.

    Section 308j(d) of title 37, United States Code, is amended by 
striking ``$10,000'' and inserting ``$20,000''.

[[Page 126 STAT. 1778]]

SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR 
                        RESERVE COMPONENT MEMBERS WHO CONVERT 
                        MILITARY OCCUPATIONAL SPECIALTY TO EASE 
                        PERSONNEL SHORTAGES.

    Section 326(c)(1) of title 37, United States Code, is amended by 
striking ``$4,000, in the case of a member of a regular component of the 
armed forces, and $2,000, in the case of a member of a reserve component 
of the armed forces.'' and inserting ``$4,000.''.

            Subtitle C--Travel and Transportation Allowances

SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEMBERS OF 
                        SELECTED RESERVE UNITS FILLING A VACANCY 
                        IN ANOTHER UNIT AFTER BEING INVOLUNTARILY 
                        SEPARATED.

    (a) Travel and Transportation Allowances Generally.--Section 474 of 
title 37, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) <<NOTE: Time periods.>>  upon filling a vacancy in a 
        Selected Reserve unit at a duty station that is more than 150 
        miles from the member's residence if--
                    ``(A) during the preceding three years the member 
                was involuntarily separated under other than adverse 
                conditions (as characterized by the Secretary concerned) 
                while assigned to a unit of the Selected Reserve 
                certified by the Secretary concerned as having been 
                adversely affected by force structure reductions during 
                the period beginning on October 1, 2012, and ending on 
                December 31, 2018;
                    ``(B) the involuntary separation occurred during the 
                period beginning on October 1, 2012, and ending on 
                December 31, 2018; and
                    ``(C) the member is--
                          ``(i) qualified in a skill designated as 
                      critically short by the Secretary concerned; or
                          ``(ii) filling a vacancy in a Selected Reserve 
                      unit with a critical manpower shortage, or in a 
                      pay grade with a critical manpower shortage in 
                      such unit.'';
            (2) in subsection (f), by adding at the end the following 
        new paragraph:

    ``(4)(A) A member may be provided travel and transportation 
allowances under subsection (a)(6) only with respect to the filling of a 
vacancy in a Selected Reserve unit one time.
    ``(B) <<NOTE: Regulations.>>  Regulations under this section shall 
provide that whenever travel and transportation allowances are paid 
under subsection (a)(6), the cost shall be borne by the unit filling the 
vacancy.''; and
            (3) in subsection (j), by inserting ``(except subsection 
        (a)(6))'' after ``In this section''.

[[Page 126 STAT. 1779]]

    (b) Travel and Transportation Allowances for Dependents and 
Household Effects.--Section 476 of such title is amended--
            (1) by redesignating subsections (l), (m), and (n) as 
        subsections (m), (n), and (o), respectively; and
            (2) by inserting after subsection (k) the following new 
        subsection (l):

    ``(l)(1) A member described in paragraph (2) is entitled to the 
travel and transportation allowances, including allowances with respect 
to dependents, authorized by this section upon filling a vacancy as 
described in that paragraph as if the member were undergoing a permanent 
change of station under orders in filling such vacancy.
    ``(2) <<NOTE: Time periods.>>  A member described in this paragraph 
is a member who is filling a vacancy in a Selected Reserve unit at a 
duty station that is more than 150 miles from the member's residence 
if--
            ``(A) during the three years preceding filling the vacancy, 
        the member was involuntarily separated under other than adverse 
        conditions (as characterized by the Secretary concerned) while 
        assigned to a unit of the Selected Reserve certified by the 
        Secretary concerned as having been adversely affected by force 
        structure reductions during the period beginning on October 1, 
        2012, and ending on December 31, 2018;
            ``(B) the involuntary separation occurred during the period 
        beginning on October 1, 2012, and ending on December 31, 2018; 
        and
            ``(C) the member is--
                    ``(i) qualified in a skill designated as critically 
                short by the Secretary concerned; or
                    ``(ii) filling a vacancy in a Selected Reserve unit 
                with a critical manpower shortage, or in a pay grade 
                with a critical manpower shortage in such unit.

    ``(3) Any allowances authorized by this section that are payable 
under this subsection may be payable in advance if payable in advance to 
a member undergoing a permanent change of station under orders under the 
applicable provision of this section.''.
SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE-AVAILABLE 
                        TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT.

    (a) Program Authorized.--Section 2641b of title 10, United States 
Code, is amended to read as follows:
``Sec. 2641b. Space-available travel on Department of Defense 
                    aircraft: program authorized and eligible 
                    recipients

    ``(a) Authority to Establish Program.--(1) The Secretary of Defense 
may establish a program (in this section referred to as the `travel 
program') to provide transportation on Department of Defense aircraft on 
a space-available basis to the categories of individuals eligible under 
subsection (c).
    ``(2) <<NOTE: Determination. Regulations.>>  If the Secretary makes 
a determination to establish the travel program, the Secretary shall 
prescribe regulations for the operation of the travel program not later 
than one year after the date on which the determination was made. The 
regulations shall take effect on that date or such earlier date as the 
Secretary shall specify in the regulations.

[[Page 126 STAT. 1780]]

    ``(3) <<NOTE: Deadline. Reports.>>  Not later than 30 days after 
making the determination to establish the travel program, the Secretary 
shall submit to the congressional defense committees an initial 
implementation report describing--
            ``(A) the basis for the determination;
            ``(B) any additional categories of individuals to be 
        eligible for the travel program under subsection (c)(5);
            ``(C) how the Secretary will ensure that the travel program 
        is established and operated in compliance with the conditions 
        specified in subsection (b); and
            ``(D) the metrics by which the Secretary will monitor the 
        travel program to determine the efficient and effective 
        execution of the travel program.

    ``(b) Conditions on Establishment and Operation.--(1) The Secretary 
of Defense shall operate the travel program in a budget-neutral manner.
    ``(2) No additional funds may be used, or flight hours performed, 
for the purpose of providing transportation under the travel program.
    ``(c) Eligible Individuals.--Subject to subsection (d), the 
Secretary of Defense shall provide transportation under the travel 
program (if established) to the following categories of individuals:
            ``(1) Members of the armed forces on active duty.
            ``(2) Members of the Selected Reserve who hold a valid 
        Uniformed Services Identification and Privilege Card.
            ``(3) Retired members of a regular or reserve component of 
        the armed forces, including retired members of reserve 
        components who, but for being under the eligibility age 
        applicable under section 12731 of this title, would be eligible 
        for retired pay under chapter 1223 of this title.
            ``(4) Such categories of dependents of individuals described 
        in paragraphs (1) through (3) as the Secretary shall specify in 
        the regulations under subsection (a), under such conditions and 
        circumstances as the Secretary shall specify in such 
        regulations.
            ``(5) Such other categories of individuals as the Secretary, 
        in the discretion of the Secretary, considers appropriate.

    ``(d) Priorities and Restrictions.--In operating the travel program, 
the Secretary of Defense shall--
            ``(1) in the sole discretion of the Secretary, establish an 
        order of priority for transportation under the travel program 
        for categories of eligible individuals that is based on 
        considerations of military necessity, humanitarian concerns, and 
        enhancement of morale;
            ``(2) give priority in consideration of transportation under 
        the travel program to the demands of members of the armed forces 
        in the regular components and in the reserve components on 
        active duty and to the need to provide such members, and their 
        dependents, a means of respite from such demands; and
            ``(3) implement policies aimed at ensuring cost control (as 
        required by subsection (b)) and the safety, security, and 
        efficient processing of travelers, including limiting the 
        benefit under the travel program to one or more categories of 
        otherwise eligible individuals if considered necessary by the 
        Secretary.

    ``(e) Special Priority for Retired Members Residing in Commonwealths 
and Possessions of the United States Who

[[Page 126 STAT. 1781]]

Need Certain Health Care Services.--(1) Notwithstanding subsection 
(d)(1), in establishing space-available transportation priorities under 
the travel program, the Secretary of Defense shall provide 
transportation for an individual described in paragraph (2), and a 
single dependent of the individual if needed to accompany the 
individual, at a priority level in the same category as the priority 
level for an unaccompanied dependent over the age of 18 traveling on 
environmental and morale leave.
    ``(2) <<NOTE: Applicability.>>  Subject to paragraph (3), paragraph 
(1) applies with respect to an individual described in subsection (c)(3) 
who--
            ``(A) resides in or is located in a Commonwealth or 
        possession of the United States; and
            ``(B) is referred by a military or civilian primary care 
        provider located in that Commonwealth or possession to a 
        specialty care provider for services to be provided outside of 
        that Commonwealth or possession.

    ``(3) If an individual described in subsection (c)(3) is a retired 
member of a reserve component who is ineligible for retired pay under 
chapter 1223 of this title by reason of being under the eligibility age 
applicable under section 12731 of this title, paragraph (1) applies to 
the individual only if the individual is also enrolled in the TRICARE 
program for certain members of the Retired Reserve authorized under 
section 1076e of this title.
    ``(4) <<NOTE: Applicability.>>  The priority for space-available 
transportation required by this subsection applies with respect to 
both--
            ``(A) the travel from the Commonwealth or possession of the 
        United States to receive the specialty care services; and
            ``(B) the return travel.

    ``(5) <<NOTE: Applicability.>>  The requirement to provide 
transportation on Department of Defense aircraft on a space-available 
basis on the priority basis described in paragraph (1) to individuals 
covered by this subsection applies whether or not the travel program is 
established under this section.

    ``(6) <<NOTE: Definitions.>>  In this subsection, the terms `primary 
care provider' and `specialty care provider' refer to a medical or 
dental professional who provides health care services under chapter 55 
of this title.

    ``(f) Construction.--The authority to provide transportation under 
the travel program is in addition to any other authority under law to 
provide transportation on Department of Defense aircraft on a space-
available basis.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 157 of such title is <<NOTE: 10 USC prec. 2631.>> amended by 
striking the item relating to section 2641b and inserting the following 
new item:

``2641b. Space-available travel on Department of Defense aircraft: 
           program authorized and eligible recipients.''.

    Subtitle D--Benefits and Services for Members Being Separated or 
                           Recently Separated

SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF 
                        COMMISSARY AND EXCHANGE BENEFITS AFTER 
                        SEPARATION.

    (a) Extension of Authority.--Section 1146 of title 10, United States 
Code, is amended--

[[Page 126 STAT. 1782]]

            (1) in subsection (a), by striking ``2012'' and inserting 
        ``2018''; and
            (2) in subsection (b), by striking ``2012'' and inserting 
        ``2018''.

    (b) Correction of Reference to Administering Secretary.--Such 
section is further amended--
            (1) in subsection (a), by striking ``The Secretary of 
        Transportation'' and inserting ``The Secretary concerned''; and
            (2) in subsection (b), by striking ``The Secretary of 
        Homeland Security'' and inserting ``The Secretary concerned''.
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.

    (a) Resumption of Authority to Authorize Transitional Use.--
Subsection (a) of section 1147 of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``October 1, 1990, and 
        ending on December 31, 2001'' and inserting ``October 1, 2012, 
        and ending on December 31, 2018''; and
            (2) in paragraph (2), by striking ``October 1, 1994, and 
        ending on December 31, 2001'' and inserting ``October 1, 2012, 
        and ending on December 31, 2018''.

    (b) Prohibition on Provision of Transitional Basic Allowance for 
Housing.--Such section is further amended by adding at the end the 
following new subsection:
    ``(c) No Transitional Basic Allowance for Housing.--Nothing in this 
section shall be construed to authorize the Secretary concerned to 
continue to provide for any period of time to an individual who is 
involuntarily separated all or any portion of a basic allowance for 
housing to which the individual was entitled under section 403 of title 
37 immediately before being involuntarily separated, even in cases in 
which the individual or members of the individual's household continue 
to reside after the separation in a housing unit acquired or constructed 
under the alternative authority of subchapter IV of chapter 169 of this 
title that is not owned or leased by the United States.''.
    (c) Correction of Reference to Administering Secretary.--Subsection 
(a)(2) of such section is further amended by striking ``The Secretary of 
Transportation'' and inserting ``The Secretary concerned''.

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

SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR BENEFIT 
                        PLAN PREMIUMS WHEN PARTICIPANT WAIVES 
                        RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY 
                        UNDER FEDERAL EMPLOYEES RETIREMENT SYSTEM 
                        AND TERMINATING PAYMENT OF THE SURVIVOR 
                        BENEFIT PLAN ANNUITY.

    (a) Deposits Not Required.--Section 1452(e) of title 10, United 
States Code, is amended--
            (1) in the subsection heading, by inserting ``and FERS'' 
        after ``CSRS'';
            (2) by inserting ``or chapter 84 of such title'' after 
        ``chapter 83 of title 5'';
            (3) by inserting ``or 8416(a)'' after ``8339(j)''; and

[[Page 126 STAT. 1783]]

            (4) by inserting ``or 8442(a)'' after ``8341(b)''.

    (b) Conforming Amendments.--Section 1450(d) of such title is 
amended--
            (1) by inserting ``or chapter 84 of such title'' after 
        ``chapter 83 of title 5'';
            (2) by inserting ``or 8416(a)'' after ``8339(j)''; and
            (3) by inserting ``or 8442(a)'' after ``8341(b)''.

    (c) <<NOTE: 10 USC 1450 note.>>  Application of Amendments.--The 
amendments made by this section shall apply with respect to any 
participant electing an annuity for survivors under chapter 84 of title 
5, United States Code, on or after the date of the enactment of this 
Act.
SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS' 
                        GROUP LIFE INSURANCE FOR MEMBERS OF THE 
                        ARMED FORCES MARRIED TO OTHER MEMBERS.

    Section 1967(a)(1) of title 38, United States Code, is amended--
            (1) in subparagraph (A)(ii), by inserting after ``insurable 
        dependent of the member'' the following: ``(other than a 
        dependent who is also a member of a uniformed service and, 
        because of such membership, is automatically insured under this 
        paragraph)''; and
            (2) in subparagraph (C)(ii), by inserting after ``insurable 
        dependent of the member'' the following: ``(other than a 
        dependent who is also a member of a uniformed service and, 
        because of such membership, is automatically insured under this 
        paragraph)''.
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED SPECIAL 
                        COMPENSATION FOR CHAPTER 61 DISABILITY 
                        RETIREES.

    (a) In General.--Section 1413a(b)(3) of title 10, United States 
Code, is amended by striking ``shall be reduced by the amount (if any) 
by which the amount of the member's retired pay under chapter 61 of this 
title exceeds'' both places it appears and inserting ``may not, when 
combined with the amount of retired pay payable to the retiree after any 
such reduction under sections 5304 and 5305 of title 38, cause the total 
of such combined payment to exceed''.
    (b) <<NOTE: Applicability. 10 USC 1413a note.>>  Effective Date.--
The amendment made by this section shall take effect as of January 1, 
2013, and shall apply to payments for months beginning on or after that 
date.

Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING 
                        REQUIREMENTS APPLICABLE TO COMMISSARY AND 
                        EXCHANGE STORES OVERSEAS.

    (a) Repeal.--Section 2489 of title 10, United States Code, is 
amended by striking subsections (b) and (c).
    (b) Conforming Amendments.--Such section is further amended--

[[Page 126 STAT. 1784]]

            (1) by striking ``General Authority.--(1)'' and inserting 
        ``Authority to Establish Restrictions.--'';
            (2) by striking ``(2)'' and inserting ``(b) Limitations on 
        Use of Authority.--''; and
            (3) by redesignating subparagraphs (A) and (B) as paragraphs 
        (1) and (2), respectively.
SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN 
                        AND MEDITATION PAVILION AT DOVER AIR FORCE 
                        BASE, DELAWARE, AS A FISHER HOUSE.

    (a) Fisher Houses and Authorized Fisher House Residents.--Subsection 
(a) of section 2493 of title 10, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``by patients'' and all 
        that follows through ``such patients;'' and inserting ``by 
        authorized Fisher House residents;'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) <<NOTE: Definition.>>  The term `Fisher House' 
        includes the Fisher House for the Families of the Fallen and 
        Meditation Pavilion at Dover Air Force Base, Delaware, so long 
        as such facility is available for residential use on a temporary 
        basis by authorized Fisher House residents.''; and
            (4) by adding at the end the following new paragraph:
            ``(4) <<NOTE: Definition.>>  The term `authorized Fisher 
        House residents' means the following:
                    ``(A) With respect to a Fisher House described in 
                paragraph (1) that is located in proximity to a health 
                care facility of the Army, the Air Force, or the Navy, 
                the following persons:
                          ``(i) Patients of that health care facility.
                          ``(ii) Members of the families of such 
                      patients.
                          ``(iii) Other persons providing the equivalent 
                      of familial support for such patients.
                    ``(B) With respect to the Fisher House described in 
                paragraph (2), the following persons:
                          ``(i) The primary next of kin of a member of 
                      the armed forces who dies while located or serving 
                      overseas.
                          ``(ii) Other family members of the deceased 
                      member who are eligible for transportation under 
                      section 481f(e) of title 37.
                          ``(iii) An escort of a family member described 
                      in clause (i) or (ii).''.

    (b) Conforming Amendments.--Subsections (b), (e), and (f) of such 
section are amended by striking ``health care'' each place it appears.
    (c) Repeal of Fiscal Year 2012 Freestanding Designation.--Section 
643 of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112-81; 125 Stat. 1466) is repealed.

[[Page 126 STAT. 1785]]

                      Subtitle G--Military Lending

SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CONSUMER 
                        CREDIT FOR MEMBERS OF THE ARMED FORCES AND 
                        THEIR DEPENDENTS.

    (a) Protections Against Differential Treatment on Consumer Credit 
Under State Law.--Subsection (d)(2) of section 987 of title 10, United 
States Code, is amended--
            (1) in subparagraph (A), by inserting ``any consumer credit 
        or'' before ``loans''; and
            (2) in subparagraph (B), by inserting ``covering consumer 
        credit'' after ``State consumer lending protections''.

    (b) Regular Consultations on Protection.--Subsection (h)(3) of such 
section is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``and not less often than once every two years thereafter,'' 
        after ``under this subsection,''; and
            (2) by striking subparagraph (E) and inserting the following 
        new subparagraph:
            ``(E) The Bureau of Consumer Financial Protection.''.

    (c) <<NOTE: 10 USC 987 note.>>  Effective Date.--
            (1) Modification of regulations.--The Secretary of Defense 
        shall modify the regulations prescribed under subsection (h) of 
        section 987 of title 10, United States Code, to take into 
        account the amendments made by subsection (a).
            (2) Effective date.--The amendments made by subsection (a) 
        shall take effect on--
                    (A) the date that is one year after the date of the 
                enactment of this Act; or
                    (B) such earlier date as the Secretary shall specify 
                in the modification of regulations required by paragraph 
                (1).
            (3) <<NOTE: Federal Register, publication. Deadline.>>  
        Publication of earlier date.--If the Secretary specifies an 
        earlier effective date for the amendments made by subsection (a) 
        pursuant to paragraph (2)(B), the Secretary shall publish notice 
        of such earlier effective date in the Federal Register not later 
        than 90 days before such earlier effective date.
SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT 
                        EXTENDED TO MEMBERS OF THE ARMED FORCES 
                        AND THEIR DEPENDENTS.

    (a) Civil Liability.--Section 987(f) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
            ``(5) Civil liability.--
                    ``(A) In general.--A person who violates this 
                section with respect to any person is civilly liable to 
                such person for--
                          ``(i) any actual damage sustained as a result, 
                      but not less than $500 for each violation;
                          ``(ii) appropriate punitive damages;
                          ``(iii) appropriate equitable or declaratory 
                      relief; and
                          ``(iv) any other relief provided by law.
                    ``(B) Costs of the action.--In any successful action 
                to enforce the civil liability described in subparagraph 
                (A),

[[Page 126 STAT. 1786]]

                the person who violated this section is also liable for 
                the costs of the action, together with reasonable 
                attorney fees as determined by the court.
                    ``(C) Effect of finding of bad faith and 
                harassment.--In any successful action by a defendant 
                under this section, if the court finds the action was 
                brought in bad faith and for the purpose of harassment, 
                the plaintiff is liable for the attorney fees of the 
                defendant as determined by the court to be reasonable in 
                relation to the work expended and costs incurred.
                    ``(D) Defenses.--A person may not be held liable for 
                civil liability under this paragraph if the person shows 
                by a preponderance of evidence that the violation was 
                not intentional and resulted from a bona fide error 
                notwithstanding the maintenance of procedures reasonably 
                adapted to avoid any such error. Examples of a bona fide 
                error include clerical, calculation, computer 
                malfunction and programming, and printing errors, except 
                that an error of legal judgment with respect to a 
                person's obligations under this section is not a bona 
                fide error.
                    ``(E) Jurisdiction, venue, and statute of 
                limitations.--An action for <<NOTE: Deadline.>> civil 
                liability under this paragraph may be brought in any 
                appropriate United States district court, without regard 
                to the amount in controversy, or in any other court of 
                competent jurisdiction, not later than the earlier of--
                          ``(i) two years after the date of discovery by 
                      the plaintiff of the violation that is the basis 
                      for such liability; or
                          ``(ii) five years after the date on which the 
                      violation that is the basis for such liability 
                      occurs.''.

    (b) Enforcement Authority.--Such section is further amended by 
inserting after paragraph (5), as added by subsection (a), the following 
new paragraph:
            ``(6) Administrative enforcement.--The provisions of this 
        section (other than paragraph (1) of this subsection) shall be 
        enforced by the agencies specified in section 108 of the Truth 
        in Lending Act (15 U.S.C. 1607) in the manner set forth in that 
        section or under any other applicable authorities available to 
        such agencies by law.''.

    (c) <<NOTE: 10 USC 987 note.>>  Application of Amendment.--The 
amendment made by subsection (a) shall apply with respect to consumer 
credit extended on or after the date of the enactment of this Act.
SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES OF 
                        APPLYING LIMITATIONS ON TERMS OF CONSUMER 
                        CREDIT EXTENDED TO CERTAIN MEMBERS OF THE 
                        ARMED FORCES AND THEIR DEPENDENTS.

    Paragraph (2) of section 987(i) of title 10, United States Code, is 
amended to read as follows:
            ``(2) Dependent.--The term `dependent', with respect to a 
        covered member, means a person described in subparagraph (A), 
        (D), (E), or (I) of section 1072(2) of this title.''.

[[Page 126 STAT. 1787]]

     Subtitle H--Military Compensation and Retirement Modernization 
                               Commission

SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.

    (a) <<NOTE: Establishment.>>  Purpose.--The purpose of this subtitle 
is to establish the Military Compensation and Retirement Modernization 
Commission to conduct a review of the military compensation and 
retirement systems and to make recommendations to modernize such systems 
in order to--
            (1) ensure the long-term viability of the All-Volunteer 
        Force by sustaining the required human resources of that force 
        during all levels of conflict and economic conditions;
            (2) enable the quality of life for members of the Armed 
        Forces and the other uniformed services and their families in a 
        manner that fosters successful recruitment, retention, and 
        careers for members of the Armed Forces and the other uniformed 
        services; and
            (3) modernize and achieve fiscal sustainability for the 
        compensation and retirement systems for the Armed Forces and the 
        other uniformed services for the 21st century.

    (b) Scope of Review.--
            (1) <<NOTE: Recommenda- tions.>>  Required elements of 
        review.--In order to provide the fullest understanding of the 
        matters required to balance the primary purpose of the review 
        specified in subsection (a), the Commission shall make its 
        recommendations for changes to the military compensation and 
        retirement systems only after--
                    (A) examining all laws, policies, and practices of 
                the Federal Government that result in any direct payment 
                of authorized or appropriated funds to--
                          (i) current and former members (veteran and 
                      retired) of the uniformed services, including the 
                      reserve components of those services; and
                          (ii) the spouses, family members, children, 
                      survivors, and other persons authorized to receive 
                      such payments as a result of their connection to 
                      the members of the uniformed services named in 
                      clause (i);
                    (B) examining all laws, policies, and practices of 
                the Federal Government that result in any expenditure of 
                authorized or appropriated funds to support the persons 
                named in subparagraph (A) and their quality of life, 
                including--
                          (i) health, disability, survivor, education, 
                      and dependent support programs of the Department 
                      of Defense and the Department of Veterans Affairs, 
                      including outlays from the various Federal trust 
                      funds supporting those programs;
                          (ii) Department of Education impact aid;
                          (iii) support or funding provided to States, 
                      territories, colleges and universities;
                          (iv) Department of Defense morale, recreation, 
                      and welfare programs, the resale programs 
                      (military exchanges and commissaries), and 
                      dependent school system;
                          (v) the tax treatment of military compensation 
                      and benefits; and

[[Page 126 STAT. 1788]]

                          (vi) military family housing; and
                    (C) such other matters as the Commission considers 
                appropriate.
            (2) Priorities.--In weighing its recommendations on those 
        matters necessary to sustain the human resources of the All-
        Volunteer Force, the Commission shall--
                    (A) pay particular attention to the 
                interrelationships and interplay of impact between and 
                among the various programs of the Federal Government, 
                especially as those programs influence decisions of 
                persons about joining the uniformed services and of 
                members of the uniformed services about remaining in the 
                those services; and
                    (B) closely weigh its recommendations regarding the 
                web of interrelated programs supporting spouses and 
                families of members of the uniformed services, so that 
                changes in such programs do not adversely impact 
                decisions to remain in the uniformed services.
            (3) Exception.--The Commission shall not examine any program 
        that uses appropriated funding for initial entry training or 
        unit training of members of the uniformed services.

    (c) Definitions.--In this subtitle:
            (1) The term ``Armed Forces'' has the meaning given the term 
        ``armed forces'' in section 101(a)(4) of title 10, United States 
        Code.
            (2) The term ``Commission'' means the Military Compensation 
        and Retirement Modernization Commission established by section 
        672.
            (3) The term ``Commission establishment date'' means the 
        first day of the first month beginning on or after the date of 
        the enactment of this Act.
            (4) The term ``military compensation and retirement 
        systems'' means the military compensation system and the 
        military retirement system.
            (5) The term ``military compensation system'' means 
        provisions of law providing eligibility for and the computation 
        of military compensation, including regular military 
        compensation, special and incentive pays and allowances, medical 
        and dental care, educational assistance and related benefits, 
        and commissary and exchange benefits and related benefits and 
        activities.
            (6) The term ``military retirement system'' means retirement 
        benefits, including retired pay based upon service in the 
        uniformed services and survivor annuities based upon such 
        service.
            (7) The term ``Secretary'' means the Secretary of Defense.
            (8) The term ``uniformed services'' has the meaning given 
        that term in section 101(a)(5) of title 10, United States Code.
            (9) The terms ``veterans service organization'' and 
        ``military-related advocacy group or association'' mean an 
        organization whose primary purpose is to advocate for veterans, 
        military personnel, military retirees, or military families.
SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION 
                        COMMISSION.

    (a) Establishment.--There is established in the executive branch an 
independent commission to be known as the Military Compensation and 
Retirement Modernization Commission. The

[[Page 126 STAT. 1789]]

Commission shall be considered an independent establishment of the 
Federal Government as defined by section 104 of title 5, United States 
Code, and a temporary organization under section 3161 of such title.
    (b) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of nine members appointed as follows:
                    (A) <<NOTE: President.>>  The President shall 
                appoint one member.
                    (B) The Majority Leader of the Senate, in 
                consultation with the Chairman of the Committee on Armed 
                Services of the Senate, shall appoint two members.
                    (C) The Minority Leader of the Senate, in 
                consultation with the Ranking Member of the Committee on 
                Armed Services of the Senate, shall appoint two members.
                    (D) The Speaker of the House of Representatives, in 
                consultation with the Chairman of the Committee on Armed 
                Services of the House of Representatives, shall appoint 
                two members.
                    (E) The Minority Leader of the House of 
                Representatives, in consultation with the Ranking Member 
                of the Committee on Armed Services of the House of 
                Representatives, shall appoint two members.
            (2) Deadline for appointment.--Members shall be appointed to 
        the Commission under paragraph (1) not later than four months 
        after the Commission establishment date.
            (3) <<NOTE: President. Congress.>>  Qualifications of 
        individuals appointed.--In appointing members of the Commission, 
        the President and Members of Congress specified in paragraph (1) 
        shall ensure that, collectively, there are members with 
        significant expertise regarding the matters described in section 
        671. The types of specific expertise and experience to be 
        considered include the following:
                    (A) Federal civilian employee compensation and 
                retirement.
                    (B) Military compensation and retirement.
                    (C) Private sector compensation, retirement, or 
                human resource systems.
                    (D) Active duty service in a regular component of 
                the uniformed services.
                    (E) Service in a reserve component.
                    (F) Experience as a spouse of a member of the 
                uniformed services.
                    (G) Service as an enlisted member of the uniformed 
                services.
                    (H) Military family policy development and 
                implementation.
                    (I) Department of Veterans Affairs benefit programs.
                    (J) Actuarial science.
            (4) Limitation.--An individual who, within the preceding 
        year, has been employed by a veterans service organization or 
        military-related advocacy group or association may not be 
        appointed to the Commission.

    (c) <<NOTE: President.>>  Chair.--The President shall designate one 
of the members of the Commission to be Chair of the Commission. The 
individual designated as Chair of the Commission shall be a person who 
has expertise in the military compensation and retirement systems. The 
Chair, or the designee of the Chair, shall preside over meetings

[[Page 126 STAT. 1790]]

of the Commission and be responsible for establishing the agenda of 
Commission meetings and hearings.

    (d) Terms.--Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall not affect its powers, and 
shall be filled in the same manner as the original appointment was made.
    (e) Status as Federal Employees.--Notwithstanding the requirements 
of section 2105 of title 5, United States Code, including the required 
supervision under subsection (a)(3) of such section, the members of the 
Commission shall be deemed to be Federal employees.
    (f) Pay for Members of the Commission.--
            (1) In general.--Each member, other than the Chair, of the 
        Commission shall be paid at a rate equal to the daily equivalent 
        of the annual rate of basic pay payable for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the actual performance of duties vested in 
        the Commission.
            (2) Chair.--The Chair of the Commission shall be paid at a 
        rate equal to the daily equivalent of the annual rate of basic 
        pay payable for level III of the Executive Schedule under 
        section 5314, of title 5, United States Code, for each day 
        (including travel time) during which the member is engaged in 
        the actual performance of duties vested in the Commission.
SEC. 673. <<NOTE: Deadlines.>>  COMMISSION HEARINGS AND MEETINGS.

    (a) <<NOTE: Public information. Web posting.>>  In General.--The 
Commission shall conduct hearings on the recommendations it is taking 
under consideration. Any such hearing, except a hearing in which 
classified information is to be considered, shall be open to the public. 
Any hearing open to the public shall be announced on a Federal website 
at least 14 days in advance. <<NOTE: Lists.>> For all hearings open to 
the public, the Commission shall release an agenda and a listing of 
materials relevant to the topics to be discussed.

    (b) Meetings.--
            (1) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 30 days after the date as of which all 
        members have been appointed.
            (2) Subsequent meetings.--After its initial meeting, the 
        Commission shall meet upon the call of the Chair or a majority 
        of its members.
            (3) Public meetings.--Each meeting of the Commission shall 
        be held in public unless any member objects.

    (c) Quorum.--Five members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (d) Public Comments.--
            (1) Solicitation.--The Commission shall seek written 
        comments from the general public and interested parties on 
        measures to modernize the military compensation and retirement 
        systems. <<NOTE: Federal Register, publication. Web 
        posting.>> Comments shall be requested through a solicitation in 
        the Federal Register and announcement on the Internet website of 
        the Commission.
            (2) Period for submittal.--The period for the submittal of 
        comments pursuant to the solicitation under paragraph (1) shall 
        end not earlier than 30 days after the date of the solicitation 
        and shall end on or before the date on which the Secretary

[[Page 126 STAT. 1791]]

        transmits the recommendations of the Secretary to the Commission 
        under section 674(b).
            (3) Use by commission.--The Commission shall consider the 
        comments submitted under this subsection when developing its 
        recommendations.

    (e) Space for Use of Commission.--Not later than 90 days after the 
date of the enactment of this Act, the Administrator of General 
Services, in consultation with the Secretary, shall identify and make 
available suitable excess space within the Federal space inventory to 
house the operations of the Commission. If the Administrator is not able 
to make such suitable excess space available within such 90-day period, 
the Commission may lease space to the extent the funds are available.
    (f) Contracting Authority.--The Commission may acquire 
administrative supplies and equipment for Commission use to the extent 
funds are available.
SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.

    (a) Context of Commission Review.--The Commission shall conduct a 
review of the matters described in section 671, including current 
military compensation and retirement systems, force management 
objectives, and changes in life expectancy and the labor force.
    (b) Development of Commission Recommendations.--
            (1) Consistency with presidential principles.--Subject to 
        paragraph (2), the Commission shall develop recommendations that 
        are consistent with the principles established by the President 
        under subsection (c) and section 671.
            (2) Grandfathering of retired pay.--
                    (A) <<NOTE: Compliance.>>  Conditions.--In 
                developing its recommendations, the Commission shall 
                comply with the following conditions with regard to the 
                treatment of retired pay for members and retired members 
                of the uniformed services who joined a uniformed service 
                before the date of the enactment of an Act to modernize 
                the military compensation and retirement systems:
                          (i) For members of the uniformed services as 
                      of such date, who became members before the 
                      enactment of such an Act, the monthly amount of 
                      their retired pay may not be less than they would 
                      have received under the current military 
                      compensation and retirement system, nor may the 
                      date at which they are eligible to receive their 
                      military retired pay be adjusted to the financial 
                      detriment of the member.
                          (ii) For members of the uniformed services 
                      retired as of such date, the eligibility for and 
                      receipt of their retired pay may not be adjusted 
                      pursuant to any change made by the enactment of 
                      such an Act.
                    (B) Voluntary election exception.--Nothing in 
                subparagraph (A) prevents a member described in such 
                subparagraph from voluntarily electing to be covered 
                under the provisions of an Act to modernize the military 
                compensation and retirement systems.

    (c) <<NOTE: Deadline.>>  Presidential Principles.--Not later than 
five months after the Commission establishment date, the President shall 
establish

[[Page 126 STAT. 1792]]

and transmit to the Commission and Congress principles for modernizing 
the military compensation and retirement systems. The principles 
established by the President shall address the following:
            (1) Maintaining recruitment and retention of the best 
        military personnel.
            (2) Modernizing the regular and reserve military 
        compensation and retirement systems.
            (3) Differentiating between regular and reserve military 
        service.
            (4) Differentiating between service in the Armed Forces and 
        service in the other uniformed services.
            (5) Assisting with force management.
            (6) Ensuring the fiscal sustainability of the military 
        compensation and retirement systems.
            (7) Compliance with the purpose and scope of the review 
        prescribed in section 671.

    (d) Secretary of Defense Recommendations.--
            (1) Deadline.--Not later than nine months after the 
        Commission establishment date, the Secretary shall transmit to 
        the Commission the recommendations of the Secretary for 
        modernization of the military compensation and retirement 
        systems. The Secretary shall concurrently transmit the 
        recommendations to Congress.
            (2) Development of recommendations.--The Secretary shall 
        develop the recommendations of the Secretary under paragraph 
        (1)--
                    (A) on the basis of the principles established by 
                the President pursuant to subsection (c);
                    (B) in consultation with the Secretary of Homeland 
                Security, with respect to recommendations concerning 
                members of the Coast Guard;
                    (C) in consultation with the Secretary of Health and 
                Human Services, with respect to recommendations 
                concerning members of the Public Health Service;
                    (D) in consultation with the Secretary of Commerce, 
                with respect to recommendations concerning members of 
                the National Oceanic and Atmospheric Administration; and
                    (E) in consultation with the Director of the Office 
                of Management and Budget.
            (3) Justification.--The Secretary shall include with the 
        recommendations under paragraph (1) the justification of the 
        Secretary for each recommendation.
            (4) Availability of information.--The Secretary shall make 
        available to the Commission and to Congress the information used 
        by the Secretary to prepare the recommendations of the Secretary 
        under paragraph (1).

    (e) Commission Hearings on Recommendations of Secretary.--
After <<NOTE: Public information.>> receiving from the Secretary the 
recommendations of the Secretary for modernization of the military 
compensation and retirement systems under subsection (d), the Commission 
shall conduct public hearings on the recommendations.

    (f) Commission Report and Recommendations.--
            (1) Report.--Not later than 15 months after the Commission 
        establishment date, the Commission shall transmit to the 
        President a report containing the findings and conclusions of 
        the Commission, together with the recommendations of the 
        Commission for the modernization of the military compensation

[[Page 126 STAT. 1793]]

        and retirement systems. The Commission shall include in the 
        report legislative language to implement the recommendations of 
        the Commission. The findings and conclusions in the report shall 
        be based on the review and analysis by the Commission of the 
        recommendations made by the Secretary under subsection (d).
            (2) Requirement for approval.--The recommendations of the 
        Commission must be approved by at least five members of the 
        Commission before the recommendations may be transmitted to the 
        President under paragraph (1).
            (3) Procedures for changing recommendations of secretary.--
        The Commission may make a change described in paragraph (4) in 
        the recommendations made by the Secretary only if the 
        Commission--
                    (A) <<NOTE: Determination.>>  determines that the 
                change is consistent with the principles established by 
                the President under subsection (c);
                    (B) <<NOTE: Notice. Deadline.>>  publishes a notice 
                of the proposed change not less than 45 days before 
                transmitting its recommendations to the President 
                pursuant to paragraph (1); and
                    (C) <<NOTE: Public information. Applicability.>>  
                conducts a public hearing on the proposed change.
            (4) Covered changes.--Paragraph (3) applies to a change by 
        the Commission in the recommendations of the Secretary that 
        would--
                    (A) add a new recommendation;
                    (B) delete a recommendation; or
                    (C) substantially change a recommendation.
            (5) Explanation and justification for changes.--The 
        Commission shall explain and justify in its report submitted to 
        the President under paragraph (1) any recommendation made by the 
        Commission that is different from the recommendations made by 
        the Secretary under subsection (d).
            (6) <<NOTE: Records.>>  Transmittal to congress.--The 
        Commission shall transmit a copy of its report to Congress on 
        the same date on which it transmits its report to the President 
        under paragraph (1).
SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY THE 
                        PRESIDENT.

    (a) Report of Presidential Approval or Disapproval.--Not later than 
60 days after the date on which the Commission transmits its report to 
the President under section 674, the President shall transmit to the 
Commission and to Congress a report containing the approval or 
disapproval by the President of the recommendations of the Commission in 
the report.
    (b) Presidential Approval.--If in the report under subsection (a) 
the President approves all the recommendations of the Commission, the 
President shall include with the report the following:
            (1) <<NOTE: Records.>>  A copy of the recommendations of the 
        Commission.
            (2) <<NOTE: Certification.>>  The certification by the 
        President of the approval of the President of each 
        recommendation.
            (3) The legislative language transmitted by the Commission 
        to the President as part of the report of the Commission.

    (c) Presidential Disapproval.--
            (1) Reasons for disapproval.--If in the report under 
        subsection (a) the President disapproves the recommendations of

[[Page 126 STAT. 1794]]

        the Commission, in whole or in part, the President shall include 
        in the report the reasons for that disapproval.
            (2) <<NOTE: Deadline.>>  Revised recommendations from 
        commission.--Not later than one month after the date of the 
        report of the President under subsection (a) disapproving the 
        recommendations of the Commission, the Commission shall transmit 
        to the President revised recommendations for the modernization 
        of the military compensation and retirement systems, together 
        with revised legislative language to implement the revised 
        recommendations of the Commission.
            (3) <<NOTE: Deadline.>>  Action on revised 
        recommendations.--If the President approves all of the revised 
        recommendations of the Commission transmitted pursuant to 
        paragraph (2), the President shall transmit to Congress, not 
        later than one month after receiving the revised 
        recommendations, the following:
                    (A) <<NOTE: Records.>>  A copy of the revised 
                recommendations.
                    (B) <<NOTE: Certification.>>  The certification by 
                the President of the approval of the President of each 
                recommendation as so revised.
                    (C) The revised legislative language transmitted to 
                the President.

    (d) Termination of Commission.--If the President does not transmit 
to Congress an approval and certification described in subsection (b) or 
(c)(3) in accordance with the applicable deadline under such subsection, 
the Commission shall be terminated not later than one month after the 
expiration of the period for transmittal of a report under subsection 
(c)(3).
SEC. 676. EXECUTIVE DIRECTOR.

    (a) Appointment.--The Commission shall appoint and fix the rate of 
basic pay for an Executive Director in accordance with section 3161 of 
title 5, United States Code.
    (b) Limitations.--The Executive Director may not have served on 
active duty in the Armed Forces or as a civilian employee of the 
Department of Defense during the one-year period preceding the date of 
such appointment and may not have been employed by a veterans service 
organization or a military-related advocacy group or association during 
that one-year period.
SEC. 677. STAFF.

    (a) In General.--Subject to subsections (b) and (c), the Executive 
Director, with the approval of the Commission, may appoint and fix the 
rate of basic pay for additional personnel as staff of the Commission in 
accordance with section 3161 of title 5, United States Code.
    (b) Limitations on Staff.--
            (1) Number of detailees from executive department.--Not more 
        than one-third of the personnel employed by or detailed to the 
        Commission may be on detail from the Department of Defense and 
        other executive branch departments.
            (2) Prior duties within executive branch.--A person may not 
        be detailed from the Department of Defense or other executive 
        branch department to the Commission if, in the year before the 
        detail is to begin, that person participated personally and 
        substantially in any matter concerning the preparation of 
        recommendations for military compensation and retirement 
        modernization.
            (3) Number of detailees eligible for military retired pay.--
        Not more than one-fourth of the personnel employed

[[Page 126 STAT. 1795]]

        by or detailed to the Commission may be persons eligible for or 
        receiving military retired pay.
            (4) Prior employment with certain organizations.--A person 
        may not be employed by or detailed to the Commission if, in the 
        year before the employment or detail is to begin, that person 
        was employed by a veterans service organization or a military-
        related advocacy group or association.

    (c) Limitations on Performance Reviews.--No member of the uniformed 
services, and no officer or employee of the Department of Defense or 
other executive branch department, may--
            (1) prepare any report concerning the effectiveness, 
        fitness, or efficiency of the performance of the staff of the 
        Commission or any person detailed to that staff;
            (2) review the preparation of such a report; or
            (3) approve or disapprove such a report.
SEC. 678. JUDICIAL REVIEW PRECLUDED.

    The following shall not be subject to judicial review:
            (1) Actions of the President, the Secretary, and the 
        Commission under section 674.
            (2) Actions of the President under section 675.
SEC. 679. TERMINATION.

    Except as otherwise provided in this title, the Commission shall 
terminate not later than 26 months after the Commission establishment 
date.
SEC. 680. FUNDING.

    Of the amounts authorized to be appropriated by this Act for the 
Department of Defense for fiscal year 2013, up to $10,000,000 shall be 
made available to the Commission to carry out its duties under this 
subtitle. Funds made available to the Commission under the preceding 
sentence shall remain available until expended.

                        Subtitle I--Other Matters

SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD RESERVE 
                        CALLED TO ACTIVE DUTY UNDER TITLE 14, 
                        UNITED STATES CODE.

    (a) Inclusion in Definition of Contingency Operation.--Section 
101(a)(13)(B) of title 10, United States Code, is amended by inserting 
``section 712 of title 14,'' after ``chapter 15 of this title,''.
    (b) Credit of Service Towards Reduction of Eligibility Age for 
Receipt of Retired Pay for Non-Regular Service.--Section 12731(f)(2)(B) 
of title 10, United States Code, is amended by adding at the end the 
following new clause:
    ``(iv) Service on active duty described in this subparagraph is also 
service on active duty pursuant to a call or order to active duty 
authorized by the Secretary of Homeland Security under section 712 of 
title 14 for purposes of emergency augmentation of the Regular Coast 
Guard forces.''.
    (c) Post 9/11 Educational Assistance.--Section 3301(1)(B) of title 
38, United States Code, is amended by inserting ``or section 712 of 
title 14'' after ``title 10''.
    (d) <<NOTE: 10 USC 101 note.>>  Retroactive Application of 
Amendments.--

[[Page 126 STAT. 1796]]

            (1) Inclusion of prior orders.--The amendments made by this 
        section shall apply to any call or order to active duty 
        authorized under section 712 of title 14, United States Code, on 
        or after December 31, 2011, by the Secretary of the executive 
        department in which the Coast Guard is operating.
            (2) Credit for prior service.--The amendments made by this 
        section shall be deemed to have been enacted on December 31, 
        2011, for purposes of applying the amendments to the following 
        provisions of law:
                    (A) Section 5538 of title 5, United States Code, 
                relating to nonreduction in pay.
                    (B) Section 701 of title 10, United States Code, 
                relating to the accumulation and retention of leave.
                    (C) Section 12731 of title 10, United States Code, 
                relating to age and service requirements for receipt of 
                retired pay for non-regular service.
SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS CLAIMS 
                        PROCESS TRANSFORMATION PLAN.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit to 
the Committees on Armed Forces and the Committees on Veterans' Affairs 
of the Senate and House of Representatives a report on the plan of the 
Secretary of Veterans Affairs to reduce the backlog of claims for 
benefits under laws administered by the Secretary that are pending as of 
the date of the enactment of this Act and to more efficiently and fairly 
process claims for such benefits in the future.
    (b) Contents of Report.-- The report required in under subsection 
(a) shall include each of the following:
            (1) A detailed explanation of the Veterans Benefits 
        Administration Claims Transformation Plan, including--
                    (A) a timeline and steps to completion with 
                anticipated completion dates;
                    (B) all benchmarks and indicia of success that the 
                Secretary will use to measure the success or failure of 
                each step in the Transformation Plan; and
                    (C) the estimated costs, by fiscal year for each of 
                the five fiscal years following the fiscal year during 
                which the report is submitted, associated with the 
                Transformation Plan, including training and personnel 
                costs, as well as the increase or decrease in the number 
                of personnel expected as part of the Transformation 
                Plan.
            (2) A detailed explanation of the claims process that is 
        expected to result after the completion of the Transformation 
        Plan, from initial filing of claim to the award or denial of 
        benefits, including any appellate steps in the process.
            (3) A detailed explanation of the roles and purposes of the 
        Program Management Office, the Veterans Benefits Administration 
        Transformation Governance Board, Transformation Joint Executive 
        Board, and Design Teams, including a list of personnel for each 
        entity as well as current and projected costs over the 
        subsequent five fiscal years to operate and staff each entity.
            (4) A detailed explanation of all steps taken thus far to 
        involve non-Federal entities in the claims process, including

[[Page 126 STAT. 1797]]

        the Texas Veterans Commission and other State or local agencies 
        relating to veterans' affairs, veterans service organizations, 
        and other not-for-profit entities.
            (5) A plan for the Secretary to partner with non-Federal 
        entities to support efforts to reduce the backlog of claims for 
        benefits under laws administered by the Secretary and to more 
        efficiently and fairly process such claims in the future, 
        including State and local agencies relating to veterans affairs, 
        veterans service organizations, and such other relevant 
        Government and non-Government entities as the Secretary 
        considers appropriate. Such plan shall include--
                    (A) a description of how the Secretary intends to 
                leverage such partnerships with non-Federal entities to 
                eliminate the backlog by--
                          (i) increasing the percentage of new claims 
                      that are fully developed prior to submittal to the 
                      Secretary and expediting the processing of such 
                      claims; and
                          (ii) helping claimants gather and submit 
                      necessary evidence for claims that were previously 
                      filed but require further development; and
                    (B) a description of how such partnerships with non-
                Federal entities will fit into the Transformation Plan.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental 
           program for members of the Selected Reserve who are 
           involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform 
           formulary.
Sec. 703. Modification of requirements on mental health assessments for 
           members of the Armed Forces deployed in connection with a 
           contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of 
           rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the 
           TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts 
           on mental health in the National Guard and Reserves through 
           community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the 
           uniformed services.

                 Subtitle B--Health Care Administration

Sec. 711. Authority for automatic enrollment in TRICARE Prime of 
           dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the 
           TRICARE program.
Sec. 713. Clarification of applicability of certain authority and 
           requirements to subcontractors employed to provide health 
           care services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE 
           program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of 
           health engagements.
Sec. 716. Pilot program for refills of maintenance medications for 
           TRICARE for Life beneficiaries through the TRICARE mail-order 
           pharmacy program.

           Subtitle C--Mental Health Care and Veterans Matters

Sec. 723. Sharing between Department of Defense and Department of 
           Veterans Affairs of records and information retained under 
           the medical tracking system for members of the Armed Forces 
           deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support 
           counseling programs of the Department of Veterans Affairs.

[[Page 126 STAT. 1798]]

Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the 
           Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing 
           counseling to certain members of the Armed Forces and their 
           family members.
Sec. 728. Organization of the Readjustment Counseling Service in the 
           Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental 
           health services on behalf of the Department of Veterans 
           Affairs without compensation from the Department.
Sec. 730. Peer support.

                  Subtitle D--Reports and Other Matters

Sec. 731. Plan for reform of the administration of the military health 
           system.
Sec. 732. Future availability of TRICARE Prime throughout the United 
           States.
Sec. 733. Extension of Comptroller General report on contract health 
           care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific 
           health services and treatment for female members of the Armed 
           Forces.
Sec. 735. Study on health care and related support for children of 
           members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods 
           for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed 
           Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition 
           programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the 
           Department of Defense on psychological health and traumatic 
           brain injury.

           Subtitle A--TRICARE and Other Health Care Benefits

SEC. 701. <<NOTE: Time period. Termination dates.>>  EXTENSION OF 
                        TRICARE STANDARD COVERAGE AND TRICARE 
                        DENTAL PROGRAM FOR MEMBERS OF THE SELECTED 
                        RESERVE WHO ARE INVOLUNTARILY SEPARATED.

    (a) TRICARE Standard Coverage.--Section 1076d(b) of title 10, United 
States Code, is amended--
            (1) by striking ``Eligibility'' and inserting ``(1) Except 
        as provided in paragraph (2), eligibility''; and
            (2) by adding at the end the following new paragraph:

    ``(2) During the period beginning on the date of the enactment of 
this paragraph and ending December 31, 2018, eligibility for a member 
under this section who is involuntarily separated from the Selected 
Reserve under other than adverse conditions, as characterized by the 
Secretary concerned, shall terminate 180 days after the date on which 
the member is separated.''.
    (b) TRICARE Dental Coverage.--Section 1076a(a)(1) of such title is 
amended by adding at the end the following new sentence: ``During the 
period beginning on the date of the enactment of this sentence and 
ending December 31, 2018, such plan shall provide that coverage for a 
member of the Selected Reserve who is involuntarily separated from the 
Selected Reserve under other than adverse conditions, as characterized 
by the Secretary concerned, shall not terminate earlier than 180 days 
after the date on which the member is separated.''.
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE 
                        UNIFORM FORMULARY.

    (a) Inclusion.--Subsection (a)(2) of section 1074g of title 10, 
United States Code, is amended--

[[Page 126 STAT. 1799]]

            (1) in subparagraph (D), by striking ``No pharmaceutical 
        agent may be excluded'' and inserting ``Except as provided in 
        subparagraph (F), no pharmaceutical agent may be excluded''; and
            (2) by adding at the end the following new subparagraph:

    ``(F)(i) The Secretary may implement procedures to place selected 
over-the-counter drugs on the uniform formulary and to make such drugs 
available to eligible covered beneficiaries. An over-the-counter drug 
may be included on the uniform formulary only if the Pharmacy and 
Therapeutics Committee established under subsection (b) finds that the 
over-the-counter drug is cost effective and clinically effective. If the 
Pharmacy and Therapeutics Committee recommends an over-the-counter drug 
for inclusion on the uniform formulary, the drug shall be considered to 
be in the same therapeutic class of pharmaceutical agents, as determined 
by the Committee, as similar prescription drugs.
    ``(ii) <<NOTE: Regulations.>>  Regulations prescribed by the 
Secretary to carry out clause (i) shall include the following with 
respect to over-the-counter drugs included on the uniform formulary:
            ``(I) <<NOTE: Determination.>>  A determination of the means 
        and conditions under paragraphs (5) and (6) through which over-
        the-counter drugs will be available to eligible covered 
        beneficiaries and the amount of cost sharing that such 
        beneficiaries will be required to pay for over-the-counter 
        drugs, if any, except that no such cost sharing may be required 
        for a member of a uniformed service on active duty.
            ``(II) Any terms and conditions for the dispensing of over-
        the-counter drugs to eligible covered beneficiaries.''.

    (b) Definitions.--Subsection (g) of such section is amended by 
adding at the end the following new paragraphs:
            ``(3) The term `over-the-counter drug' means a drug that is 
        not subject to section 503(b) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 353(b)).
            ``(4) The term `prescription drug' means a drug that is 
        subject to section 503(b) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 353(b)).''.

    (c) Technical Amendments.--
            (1) Cross-reference amendment.--Subsection (b)(1) of such 
        section is amended by striking ``subsection (g)'' and inserting 
        ``subsection (h)''.
            (2) Repeal of obsolete provisions.--
                    (A) Subsection (a)(2)(D) of such section is amended 
                by striking the last sentence.
                    (B) Subsection (b)(2) of such section is amended by 
                striking ``Not later than'' and all the follows through 
                ``such 90-day period, the committee'' and inserting 
                ``The committee''.
                    (C) Subsection (d)(2) of such section is amended--
                          (i) by striking ``Effective not later than 
                      April 5, 2000, the Secretary'' and inserting ``The 
                      Secretary''; and
                          (ii) by striking ``the current managed care 
                      support contracts'' and inserting ``the managed 
                      care support contracts current as of October 5, 
                      1999,''.

[[Page 126 STAT. 1800]]

SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH 
                        ASSESSMENTS FOR MEMBERS OF THE ARMED 
                        FORCES DEPLOYED IN CONNECTION WITH A 
                        CONTINGENCY OPERATION.

    Section 1074m(a)(1)(C)(i) of title 10, United States Code, is 
amended by striking ``one year'' and inserting ``18 months''.
SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN 
                        CASES OF RAPE AND INCEST.

    Section 1093(a) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``or in a case in 
which the pregnancy is the result of an act of rape or incest''.
SEC. 705. <<NOTE: 10 USC 1092 note.>>  PILOT PROGRAM ON CERTAIN 
                        TREATMENTS OF AUTISM UNDER THE TRICARE 
                        PROGRAM.

    (a) Pilot Program.--
            (1) In general.--The Secretary of Defense shall conduct a 
        pilot program to provide for the treatment of autism spectrum 
        disorders, including applied behavior analysis.
            (2) Commencement.--The Secretary shall commence the pilot 
        program under paragraph (1) by not later than 90 days after the 
        date of the enactment of this Act.

    (b) Duration.--The Secretary may not carry out the pilot program 
under subsection (a)(1) for longer than a one-year period.
    (c) Report.--Not later than 270 days after the date on which the 
pilot program under subsection (a)(1) commences, the Secretary shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the pilot program. The report shall 
include the following:
            (1) An assessment of the feasibility and advisability of 
        establishing a beneficiary cost share for the treatment of 
        autism spectrum disorders.
            (2) A comparison of providing such treatment under--
                    (A) the ECHO Program; and
                    (B) the TRICARE program other than under the ECHO 
                Program.
            (3) Any recommendations for changes in legislation.
            (4) Any additional information the Secretary considers 
        appropriate.

    (d) Definitions.--In this section:
            (1) The term ``ECHO Program'' means the Extended Care Health 
        Option under subsections (d) through (f) of section 1079 of 
        title 10, United States Code.
            (2) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.
SEC. 706. <<NOTE: 10 USC 10101 note.>>  PILOT PROGRAM ON 
                        ENHANCEMENTS OF DEPARTMENT OF DEFENSE 
                        EFFORTS ON MENTAL HEALTH IN THE NATIONAL 
                        GUARD AND RESERVES THROUGH COMMUNITY 
                        PARTNERSHIPS.

    (a) Program Authority.--The Secretary of Defense may carry out a 
pilot program to enhance the efforts of the Department of Defense in 
research, treatment, education, and outreach on mental health and 
substance use disorders and traumatic brain injury in members of the 
National Guard and Reserves, their family members, and their caregivers 
through community partners.

[[Page 126 STAT. 1801]]

    (b) Agreements With Community Partners.--In carrying out the pilot 
program authorized by subsection (a), the Secretary may enter into 
partnership agreements with community partners described in subsection 
(c) using a competitive and merit-based award process.
    (c) Community Partner Described.--A community partner described in 
this subsection is a private non-profit organization or institution that 
meets such qualifications as the Secretary shall establish for purposes 
of the pilot program and engages in one or more of the following:
            (1) Research on the causes, development, and innovative 
        treatment of mental health and substance use disorders and 
        traumatic brain injury in members of the National Guard and 
        Reserves, their family members, and their caregivers.
            (2) Identifying and disseminating evidence-based treatments 
        of mental health and substance use disorders and traumatic brain 
        injury described in paragraph (1).
            (3) Outreach and education to such members, their families 
        and caregivers, and the public about mental health and substance 
        use disorders and traumatic brain injury described in paragraph 
        (1).

    (d) Duration.--The duration of the pilot program may not exceed 
three years.
    (e) Report.--Not later than 180 days before the completion of the 
pilot program, the Secretary of Defense shall submit to the Secretary of 
Veterans Affairs and the congressional defense committees a report on 
the results of the pilot program, including the number of members of the 
National Guard and Reserves provided treatment or services by community 
partners, and a description and assessment of the effectiveness and 
achievements of the pilot program with respect to research, treatment, 
education, and outreach on mental health and substance use disorders and 
traumatic brain injury.
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEMBERS OF 
                        THE UNIFORMED SERVICES.

    It is the sense of Congress that--
            (1) members of the uniformed services and their families 
        endure unique and extraordinary demands and make extraordinary 
        sacrifices over the course of 20 to 30 years of service in 
        protecting freedom for all Americans, as do those who have been 
        medically retired due to the hardships of military service; and
            (2) access to quality health care services is an earned 
        benefit during retirement in acknowledgment of their 
        contributions of service and sacrifice.

                 Subtitle B--Health Care Administration

SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE PRIME OF 
                        DEPENDENTS OF MEMBERS IN PAY GRADES ABOVE 
                        PAY GRADE E-4.

    Subsection (a) of section 1097a of title 10, United States Code, is 
amended to read as follows:
    ``(a) Automatic Enrollment of Certain Dependents.--(1) In the case 
of a dependent of a member of the uniformed services

[[Page 126 STAT. 1802]]

who is entitled to medical and dental care under section 1076(a)(2)(A) 
of this title and resides in a catchment area in which TRICARE Prime is 
offered, the Secretary--
            ``(A) shall automatically enroll the dependent in TRICARE 
        Prime if the member is in pay grade E-4 or below; and
            ``(B) may automatically enroll the dependent in TRICARE 
        Prime if the member is in pay grade E-5 or higher.

    ``(2) <<NOTE: Notification.>>  Whenever a dependent of a member is 
enrolled in TRICARE Prime under paragraph (1), the Secretary concerned 
shall provide written notice of the enrollment to the member.

    ``(3) The enrollment of a dependent of the member may be terminated 
by the member or the dependent at any time.''.
SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PROGRAM OF 
                        THE TRICARE PROGRAM.

    (a) In General.--Section 1074g(a)(6) of title 10, United States 
Code, is amended--
            (1) by striking subparagraph (A) and inserting the following 
        new subparagraph (A):

    ``(A) <<NOTE: Requirements.>>  The Secretary, in the regulations 
prescribed under subsection (h), shall establish cost-sharing 
requirements under the pharmacy benefits program. In accordance with 
subparagraph (C), such cost-sharing requirements shall consist of the 
following:
            ``(i) With respect to each supply of a prescription covering 
        not more than 30 days that is obtained by a covered beneficiary 
        under the TRICARE retail pharmacy program--
                    ``(I) in the case of generic agents, $5;
                    ``(II) in the case of formulary agents, $17; and
                    ``(III) in the case of nonformulary agents, $44.
            ``(ii) With respect to each supply of a prescription 
        covering not more than 90 days that is obtained by a covered 
        beneficiary under the national mail-order pharmacy program--
                    ``(I) in the case of generic agents, $0;
                    ``(II) in the case of formulary agents, $13; and
                    ``(III) in the case of nonformulary agents, $43.''; 
                and
            (2) by adding at the end the following new subparagraph:

    ``(C)(i) <<NOTE: Effective date.>>  Beginning October 1, 2013, the 
amount of any increase in a cost-sharing amount specified in 
subparagraph (A) in a year may not exceed the amount equal to the 
percentage of such cost-sharing amount at the time of such increase 
equal to the percentage by which retired pay is increased under section 
1401a of this title in that year.

    ``(ii) If the amount of the increase otherwise provided for a year 
by clause (i) is less than $1, the increase shall not be made for such 
year, but shall be carried over to, and accumulated with, the amount of 
the increase for the subsequent year or years and made when the 
aggregate amount of increases carried over under this clause for a year 
is $1 or more.
    ``(iii) The provisions of this subparagraph shall not apply to any 
increase in cost-sharing amounts described in clause (i) that is made by 
the Secretary of Defense on or after October 1, 2022. 
The <<NOTE: Effective date.>> Secretary may increase copayments, as 
considered appropriate by the Secretary, beginning on October 1, 
2022.''.

    (b) <<NOTE: 10 USC 1074g note. Applicability.>>  Effective Date.--
            (1) In general.--The cost-sharing requirements under 
        subparagraph (A) of section 1074g(a)(6) of title 10, United 
        States Code, as amended by subsection (a)(1), shall apply with

[[Page 126 STAT. 1803]]

        respect to prescriptions obtained under the TRICARE pharmacy 
        benefits program on or after such date as the Secretary of 
        Defense shall specify, but not later than the date that is 45 
        days after the date of the enactment of this Act.
            (2) <<NOTE: Notice.>>  Federal register.--The Secretary 
        shall publish notice of the effective date of the cost-sharing 
        requirements specified under paragraph (1) in the Federal 
        Register.
SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY AND 
                        REQUIREMENTS TO SUBCONTRACTORS EMPLOYED TO 
                        PROVIDE HEALTH CARE SERVICES TO THE 
                        DEPARTMENT OF DEFENSE.

    (a) Applicability of Federal Tort Claims Act to Subcontractors.--
Section 1089(a) of title 10, United States Code, is amended in the last 
sentence--
            (1) by striking ``if the physician, dentist, nurse, 
        pharmacist, or paramedical'' and inserting ``to such a 
        physician, dentist, nurse, pharmacist, or paramedical'';
            (2) by striking ``involved is''; and
            (3) by inserting before the period at the end the following: 
        ``or a subcontract at any tier under such a contract that is 
        authorized in accordance with the requirements of such section 
        1091''.

    (b) Applicability of Personal Services Contracting Authority to 
Subcontractors.--Section 1091(c) of such title is amended by adding at 
the end the following new paragraph:
    ``(3) The procedures established under paragraph (1) may provide for 
a contracting officer to authorize a contractor to enter into a 
subcontract for personal services on behalf of the agency upon a 
determination that the subcontract is--
            ``(A) consistent with the requirements of this section and 
        the procedures established under paragraph (1); and
            ``(B) in the best interests of the agency.''.
SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF THE 
                        TRICARE PROGRAM.

    Section 717(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 376; 10 U.S.C. 1073 
note) is amended by striking ``military retirees'' and inserting 
``members of the Armed Forces (whether in the regular or reserve 
components) and their dependents, military retirees and their 
dependents, and dependents of members on active duty with severe 
disabilities and chronic health care needs''.
SEC. 715. <<NOTE: 10 USC 401 note.>>  REQUIREMENT TO ENSURE THE 
                        EFFECTIVENESS AND EFFICIENCY OF HEALTH 
                        ENGAGEMENTS.

    (a) <<NOTE: Process.>>  In General.--The Secretary of Defense, in 
coordination with the Under Secretary of Defense for Policy and the 
Assistant Secretary of Defense for Health Affairs, shall develop a 
process to ensure that health engagements conducted by the Department of 
Defense are effective and efficient in meeting the national security 
goals of the United States.

    (b) Process Goals.--The Assistant Secretary of Defense for Health 
Affairs shall ensure that each process developed under subsection (a)--
            (1) assesses the operational mission capabilities of the 
        health engagement;

[[Page 126 STAT. 1804]]

            (2) uses the collective expertise of the Federal Government 
        and non-governmental organizations to ensure collaboration and 
        partnering activities; and
            (3) assesses the stability and resiliency of the host nation 
        of such engagement.

    (c) Assessment Tool.--The Assistant Secretary of Defense for Health 
Affairs may establish a measure of effectiveness learning tool to assess 
the process developed under subsection (a) to ensure the applicability 
of the process to health engagements conducted by the Department of 
Defense.
    (d) Health Engagement Defined.--In this section, the term ``health 
engagement'' means a health stability operation conducted by the 
Department of Defense outside the United States in coordination with a 
foreign government or international organization to establish, 
reconstitute, or maintain the health sector of a foreign country.
SEC. 716. <<NOTE: 10 USC 1074g note.>>  PILOT PROGRAM FOR REFILLS 
                        OF MAINTENANCE MEDICATIONS FOR TRICARE FOR 
                        LIFE BENEFICIARIES THROUGH THE TRICARE 
                        MAIL-ORDER PHARMACY PROGRAM.

    (a) In General.--The Secretary of Defense shall conduct a pilot 
program to refill prescription maintenance medications for each TRICARE 
for Life beneficiary through the national mail-order pharmacy program 
under section 1074g(a)(2)(E)(iii) of title 10, United States Code.
    (b) Medications Covered.--
            (1) Determination.--The Secretary shall determine the 
        prescription maintenance medications included in the pilot 
        program under subsection (a).
            (2) Supply.--In carrying out the pilot program under 
        subsection (a), the Secretary shall ensure that the medications 
        included in the program are generally available to a TRICARE for 
        Life beneficiary--
                    (A) for an initial filling of a 30-day or less 
                supply through--
                          (i) retail pharmacies under clause (ii) of 
                      section 1074g(a)(2)(E) of title 10, United States 
                      Code; and
                          (ii) facilities of the uniformed services 
                      under clause (i) of such section; and
                    (B) for a refill of such medications through--
                          (i) the national mail-order pharmacy program; 
                      and
                          (ii) such facilities of the uniformed 
                      services.
            (3) Exemption.-- The Secretary may exempt the following 
        prescription maintenance medications from the requirements in 
        paragraph (2):
                    (A) Such medications that are for acute care needs.
                    (B) Such other medications as the Secretary 
                determines appropriate.

    (c) Nonparticipation.--
            (1) <<NOTE: Time period.>>  Opt out.--The Secretary shall 
        give TRICARE for Life beneficiaries who have been covered by the 
        pilot program under subsection (a) for a period of one year an 
        opportunity to opt out of continuing to participate in the 
        program.
            (2) Waiver.--The Secretary may waive the requirement of a 
        TRICARE for Life beneficiary to participate in the pilot program 
        under subsection (a) if the Secretary determines, on an 
        individual basis, that such waiver is appropriate.

[[Page 126 STAT. 1805]]

    (d) Regulations.--The Secretary shall prescribe regulations to carry 
out the pilot program under subsection (a), including regulations with 
respect to--
            (1) the prescription maintenance medications included in the 
        pilot program pursuant to subsection (b)(1); and
            (2) addressing instances where a TRICARE for Life 
        beneficiary covered by the pilot program attempts to refill such 
        medications at a retail pharmacy rather than through the 
        national mail-order pharmacy program or a facility of the 
        uniformed services.

    (e) Reports.--Not later than March 31 of each year beginning in 2014 
and ending in 2018, the Secretary shall submit to the congressional 
defense committees a report on the pilot program under subsection (a), 
including the effects of offering incentives for the use of mail order 
pharmacies by TRICARE beneficiaries and the effect on retail pharmacies.
    (f) Sunset.--The Secretary may not carry out the pilot program under 
subsection (a) after December 31, 2017.
    (g) TRICARE for Life Beneficiary Defined.--In this section, the term 
``TRICARE for Life beneficiary'' means a TRICARE beneficiary enrolled in 
the Medicare wraparound coverage option of the TRICARE program made 
available to the beneficiary by reason of section 1086(d) of title 10, 
United States Code.

           Subtitle C--Mental Health Care and Veterans Matters

SEC. 723. <<NOTE: 10 USC 1074f note.>>  SHARING BETWEEN DEPARTMENT 
                        OF DEFENSE AND DEPARTMENT OF VETERANS 
                        AFFAIRS OF RECORDS AND INFORMATION 
                        RETAINED UNDER THE MEDICAL TRACKING SYSTEM 
                        FOR MEMBERS OF THE ARMED FORCES DEPLOYED 
                        OVERSEAS.

    (a) <<NOTE: Memorandum.>>  In General.--The Secretary of Defense and 
the Secretary of Veterans Affairs shall jointly enter into a memorandum 
of understanding providing for the sharing by the Department of Defense 
with the Department of Veterans Affairs of the results of examinations 
and other records on members of the Armed Forces that are retained and 
maintained with respect to the medical tracking system for members 
deployed overseas under section 1074f(c) of title 10, United States 
Code.

    (b) Cessation Upon Implementation of Electronic Health Record.--The 
sharing required pursuant to subsection (a) shall cease on the date on 
which the Secretary of Defense and the Secretary of Veterans Affairs 
jointly certify to Congress that the Secretaries have fully implemented 
an integrated electronic health record for members of the Armed Forces 
that is fully interoperable between the Department of Defense and the 
Department of Veterans Affairs.
SEC. 724. <<NOTE: 38 USC 1712A note.>>  PARTICIPATION OF MEMBERS 
                        OF THE ARMED FORCES IN PEER SUPPORT 
                        COUNSELING PROGRAMS OF THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) Participation.--
            (1) <<NOTE: Memorandum.>>  In general.--The Secretary of 
        Defense and the Secretary of Veterans Affairs shall jointly 
        enter into a memorandum of understanding providing for members 
        of the Armed

[[Page 126 STAT. 1806]]

        Forces described in subsection (b) to volunteer or be considered 
        for employment as peer counselors under the following:
                    (A) The peer support counseling program carried out 
                by the Secretary of Veterans Affairs under subsection 
                (j) of section 1720F of title 38, United States Code, as 
                part of the comprehensive program for suicide prevention 
                among veterans under subsection (a) of such section.
                    (B) The peer support counseling program carried out 
                by the Secretary of Veterans Affairs under section 
                304(a)(1) of the Caregivers and Veterans Omnibus Health 
                Services Act of 2010 (Public Law 111-163; 124 Stat. 
                1150; 38 U.S.C. 1712A note).
            (2) Training.--Any member participating in a peer support 
        counseling program under paragraph (1) shall receive the 
        training for peer counselors under section 1720F(j)(2) of title 
        38, United States Code, or section 304(c) of the Caregivers and 
        Veterans Omnibus Health Services Act of 2010, as applicable, 
        before performing peer support counseling duties under such 
        program.

    (b) Covered Members.--Members of the Armed Forces described in this 
subsection are the following:
            (1) Members of the reserve components of the Armed Forces 
        who are demobilizing after deployment in a theater of combat 
        operations, including, in particular, members who participated 
        in combat against the enemy while so deployed.
            (2) Members of the regular components of the Armed Forces 
        separating from active duty who have been deployed in a theater 
        of combat operations in which such members participated in 
        combat against the enemy.
SEC. 725. <<NOTE: 10 USC 1071 note.>>  RESEARCH AND MEDICAL 
                        PRACTICE ON MENTAL HEALTH CONDITIONS.

    (a) Research and Practice.--The Secretary of Defense shall provide 
for the translation of research on the diagnosis and treatment of mental 
health conditions into policy on medical practices.
    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a report on the 
translation of research into policy as described in subsection (a). The 
report shall include the following:
            (1) A summary of the efforts of the Department of Defense to 
        carry out such translation.
            (2) A description of any policy established pursuant to 
        subsection (a).
            (3) Additional legislative or administrative actions the 
        Secretary considers appropriate with respect to such 
        translation.
SEC. 726. <<NOTE: 38 USC 1712A note.>>  TRANSPARENCY IN MENTAL 
                        HEALTH CARE SERVICES PROVIDED BY THE 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) Measurement of Mental Health Care Services.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 
        December 31, 2013, the Secretary of Veterans Affairs shall 
        develop and implement a comprehensive set of measures to assess 
        mental health care services furnished by the Department of 
        Veterans Affairs.
            (2) Elements.--The measures developed and implemented under 
        paragraph (1) shall provide an accurate and comprehensive 
        assessment of the following:

[[Page 126 STAT. 1807]]

                    (A) The timeliness of the furnishing of mental 
                health care by the Department.
                    (B) The satisfaction of patients who receive mental 
                health care services furnished by the Department.
                    (C) The capacity of the Department to furnish mental 
                health care.
                    (D) The availability and furnishing of evidence-
                based therapies by the Department.

    (b) Guidelines for Staffing Mental Health Care Services.--Not later 
than <<NOTE: Deadline.>> December 31, 2013, the Secretary shall develop 
and implement guidelines for the staffing of general and specialty 
mental health care services, including at community-based outpatient 
clinics. Such guidelines shall include productivity standards for 
providers of mental health care.

    (c) Study Committee.--
            (1) <<NOTE: Contracts.>>  In general.--The Secretary shall 
        seek to enter into a contract with the National Academy of 
        Sciences to create a study committee--
                    (A) to consult with the Secretary on the Secretary's 
                development and implementation of the measures and 
                guidelines required by subsections (a) and (b); and
                    (B) to conduct an assessment and provide an analysis 
                and recommendations on the state of Department mental 
                health services.
            (2) Functions.--In entering into the contract described in 
        paragraph (1), the Secretary shall, with respect to paragraph 
        (1)(B), include in such contract a provision for the study 
        committee--
                    (A) to conduct a comprehensive assessment of 
                barriers to access to mental health care by veterans who 
                served in the Armed Forces in Operation Enduring 
                Freedom, Operation Iraqi Freedom, or Operation New Dawn;
                    (B) to assess the quality of the mental health care 
                being provided to such veterans (including the extent to 
                which veterans are afforded choices with respect to 
                modes of treatment) through site visits to facilities of 
                the Veterans Health Administration (including at least 
                one site visit in each Veterans Integrated Service 
                Network), evaluating studies of patient outcomes, and 
                other appropriate means;
                    (C) to assess whether, and the extent to which, 
                veterans who served in the Armed Forces in Operation 
                Enduring Freedom, Operation Iraqi Freedom, or Operation 
                New Dawn are being offered a full range of necessary 
                mental health services at Department health care 
                facilities, including early intervention services for 
                hazardous drinking, relationship problems, and other 
                behaviors that create a risk for the development of a 
                chronic mental health condition;
                    (D) to conduct surveys or have access to Department-
                administered surveys of--
                          (i) providers of Department mental health 
                      services;
                          (ii) veterans who served in the Armed Forces 
                      in Operation Enduring Freedom, Operation Iraqi 
                      Freedom, or Operation New Dawn who are receiving 
                      mental health care furnished by the Department; 
                      and
                          (iii) eligible veterans who served in the 
                      Armed Forces in Operation Enduring Freedom, 
                      Operation

[[Page 126 STAT. 1808]]

                      Iraqi Freedom, or Operation New Dawn who are not 
                      using Department health care services to assess 
                      those barriers described in subparagraph (A); and
                    (E) to provide to the Secretary, on the basis of its 
                assessments as delineated in subparagraphs (A) through 
                (C), specific, detailed recommendations--
                          (i) for overcoming barriers, and improving 
                      access, to timely, effective mental health care at 
                      Department health care facilities (or, where 
                      Department facilities cannot provide such care, 
                      through contract arrangements under existing law); 
                      and
                          (ii) to improve the effectiveness and 
                      efficiency of mental health services furnished by 
                      the Secretary.
            (3) Participation by former officials and employees of 
        veterans health administration.--The Secretary shall ensure that 
        any contract entered into under paragraph (1) provides for 
        inclusion on any subcommittee which participates in conducting 
        the assessments and formulating the recommendations provided for 
        in paragraph (2) at least one former official of the Veterans 
        Health Administration and at least two former employees of the 
        Veterans Health Administration who were providers of mental 
        health care.
            (4) Periodic reports to secretary.--In entering into the 
        contract described in paragraph (1), the Secretary shall, with 
        respect to paragraph (1)(A), include in such contract a 
        provision for the submittal to the Secretary of periodic reports 
        and provision of other consultation to the Secretary by the 
        study committee to assist the Secretary in carrying out 
        subsections (a) and (b).
            (5) Reports to congress.--Not later than 30 days after 
        receiving a report under paragraph (4), the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report on the plans of the Secretary to 
        implement such recommendations submitted to the Secretary by the 
        study committee as the Secretary considers appropriate. Such 
        report shall include a description of each recommendation 
        submitted to the Secretary that the Secretary does not plan to 
        carry out and an explanation of why the Secretary does not plan 
        to carry out such recommendation.

    (d) Publication.--
            (1) <<NOTE: Public information. Web posting.>>  In 
        general.--The Secretary shall make available to the public on an 
        Internet website of the Department the following:
                    (A) The measures and guidelines developed and 
                implemented under this section.
                    (B) An assessment of the performance of the 
                Department using such measures and guidelines.
            (2) Quarterly updates.--The Secretary shall update the 
        measures, guidelines, and assessment made available to the 
        public under paragraph (1) not less frequently than quarterly.

    (e) Semiannual Reports.--
            (1) In general.--Not later than June 30, 2013, and not less 
        frequently than twice each year thereafter, the Secretary shall 
        submit to the committees of Congress specified in subsection 
        (c)(5) a report on the Secretary's progress in developing

[[Page 126 STAT. 1809]]

        and implementing the measures and guidelines required by this 
        section.
            (2) Elements.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) A description of the development and 
                implementation of the measures required by subsection 
                (a) and the guidelines required by subsection (b).
                    (B) A description of the progress made by the 
                Secretary in developing and implementing such measures 
                and guidelines.
                    (C) An assessment of the mental health care services 
                furnished by the Department, using the measures 
                developed and implemented under subsection (a).
                    (D) An assessment of the effectiveness of the 
                guidelines developed and implemented under subsection 
                (b).
                    (E) Such recommendations for legislative or 
                administrative action as the Secretary may have to 
                improve the effectiveness and efficiency of the mental 
                health care services furnished under laws administered 
                by the Secretary.

    (f) Implementation Report.--
            (1) In general.--Not later than 30 days before the date on 
        which the Secretary begins implementing the measures and 
        guidelines required by this section, the Secretary shall submit 
        to the committees of Congress specified in subsection (c)(5) a 
        report on the Secretary's planned implementation of such 
        measures and guidelines.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A detailed description of the measures and 
                guidelines that the Secretary plans to implement under 
                this section.
                    (B) A description of the rationale for each measure 
                and guideline the Secretary plans to implement under 
                this section.
                    (C) A discussion of each measure and guideline that 
                the Secretary considered under this section but chose 
                not to implement.
                    (D) The number of current vacancies in mental health 
                care provider positions in the Department.
                    (E) An assessment of how many additional positions 
                are needed to meet current or expected demand for mental 
                health services furnished by the Department.
SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FURNISHING 
                        COUNSELING TO CERTAIN MEMBERS OF THE ARMED 
                        FORCES AND THEIR FAMILY MEMBERS.

    Section 1712A of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``Upon 
                      the request'' and all that follows through the 
                      period at the end and inserting ``Upon the request 
                      of any individual referred to in subparagraph (C), 
                      the Secretary shall furnish counseling, including 
                      by furnishing counseling through a Vet Center, to 
                      the individual--

[[Page 126 STAT. 1810]]

            ``(i) in the case of an individual referred to in clauses 
        (i) through (iv) of subparagraph (C), to assist the individual 
        in readjusting to civilian life; and
            ``(ii) in the case of an individual referred to in clause 
        (v) of such subparagraph who is a family member of a veteran or 
        member described in such clause--
                    ``(I) in the case of a member who is deployed in a 
                theater of combat operations or an area at a time during 
                which hostilities are occurring in that area, during 
                such deployment to assist such individual in coping with 
                such deployment; and
                    ``(II) in the case of a veteran or member who is 
                readjusting to civilian life, to the degree that 
                counseling furnished to such individual is found to aid 
                in the readjustment of such veteran or member to 
                civilian life.''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following new subparagraphs:

    ``(B) Counseling furnished to an individual under subparagraph (A) 
may include a comprehensive individual assessment of the individual's 
psychological, social, and other characteristics to ascertain whether--
            ``(i) in the case of an individual referred to in clauses 
        (i) through (iv) of subparagraph (C), such individual has 
        difficulties associated with readjusting to civilian life; and
            ``(ii) in the case of an individual referred to in clause 
        (v) of such subparagraph, such individual has difficulties 
        associated with--
                    ``(I) coping with the deployment of a member 
                described in subclause (I) of such clause; or
                    ``(II) readjustment to civilian life of a veteran or 
                member described in subclause (II) of such clause.

    ``(C) <<NOTE: Applicability.>>  Subparagraph (A) applies to the 
following individuals:
            ``(i) Any individual who is a veteran or member of the Armed 
        Forces, including a member of a reserve component of the Armed 
        Forces, who served on active duty in a theater of combat 
        operations or an area at a time during which hostilities 
        occurred in that area.
            ``(ii) Any individual who is a veteran or member of the 
        Armed Forces, including a member of a reserve component of the 
        Armed Forces, who provided direct emergency medical or mental 
        health care, or mortuary services to the causalities of combat 
        operations or hostilities, but who at the time was located 
        outside the theater of combat operations or area of hostilities.
            ``(iii) Any individual who is a veteran or member of the 
        Armed Forces, including a member of a reserve component of the 
        Armed Forces, who engaged in combat with an enemy of the United 
        States or against an opposing military force in a theater of 
        combat operations or an area at a time during which hostilities 
        occurred in that area by remotely controlling an unmanned aerial 
        vehicle, notwithstanding whether the physical location of such 
        veteran or member during such combat was within such theater of 
        combat operations or area.
            ``(iv) Any individual who received counseling under this 
        section before the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2013.
            ``(v) Any individual who is a family member of any--

[[Page 126 STAT. 1811]]

                    ``(I) member of the Armed Forces, including a member 
                of a reserve component of the Armed Forces, who is 
                serving on active duty in a theater of combat operations 
                or in an area at a time during which hostilities are 
                occurring in that area; or
                    ``(II) veteran or member of the Armed Forces 
                described in this subparagraph.'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph (2); 
                and
                    (D) in paragraph (2), as redesignated by 
                subparagraph (C)--
                          (i) by striking ``a veteran described in 
                      paragraph (1)(B)(iii)'' and inserting ``an 
                      individual described in paragraph (1)(C)''; and
                          (ii) by striking ``the veteran a preliminary 
                      general mental health assessment'' and inserting 
                      ``the individual a comprehensive individual 
                      assessment as described in paragraph (1)(B)'';
            (2) in subsection (b)(1), by striking ``physician or 
        psychologist'' each place it appears and inserting ``licensed or 
        certified mental health care provider'';
            (3) in subsection (g)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Definition.>>  The term `Vet Center' means a 
        facility which is operated by the Department for the provision 
        of services under this section and which is situated apart from 
        Department general health care facilities.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) <<NOTE: Definition.>>  The term `family member', with 
        respect to a veteran or member of the Armed Forces, means an 
        individual who--
                    ``(A) is a member of the family of the veteran or 
                member, including--
                          ``(i) a parent;
                          ``(ii) a spouse;
                          ``(iii) a child;
                          ``(iv) a step-family member; and
                          ``(v) an extended family member; or
                    ``(B) lives with the veteran or member but is not a 
                member of the family of the veteran or member.''; and
            (4) by redesignating subsection (g), as amended by paragraph 
        (3), as subsection (h) and inserting after subsection (f) the 
        following new subsection (g):

    ``(g) In carrying out this section and in furtherance of the 
Secretary's responsibility to carry out outreach activities under 
chapter 63 of this title, the Secretary may provide for and facilitate 
the participation of personnel employed by the Secretary to provide 
services under this section in recreational programs that are--
            ``(1) designed to encourage the readjustment of veterans 
        described in subsection (a)(1)(C); and
            ``(2) operated by any organization named in or approved 
        under section 5902 of this title.''.

[[Page 126 STAT. 1812]]

SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN 
                        THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7309. <<NOTE: 38 USC 7309.>>  Readjustment Counseling 
                  Service

    ``(a) In General.--There is in the Veterans Health Administration a 
Readjustment Counseling Service. The Readjustment Counseling Service 
shall provide readjustment counseling and associated services to 
individuals in accordance with section 1712A of this title.
    ``(b) Chief Officer.--(1) The head of the Readjustment Counseling 
Service shall be the Chief Officer of the Readjustment Counseling 
Service (in this section referred to as the `Chief Officer'), who shall 
report directly to the Under Secretary for Health.
    ``(2) The Chief Officer shall be appointed by the Under Secretary 
for Health from among individuals who--
            ``(A)(i) are psychologists who hold a diploma as a doctorate 
        in clinical or counseling psychology from an authority approved 
        by the American Psychological Association and who have 
        successfully undergone an internship approved by that 
        association;
            ``(ii) are holders of a master in social work degree; or
            ``(iii) hold such other advanced degrees related to mental 
        health as the Secretary considers appropriate;
            ``(B) have at least three years of experience providing 
        direct counseling services or outreach services in the 
        Readjustment Counseling Service;
            ``(C) have at least three years of experience administrating 
        direct counseling services or outreach services in the 
        Readjustment Counseling Service;
            ``(D) meet the quality standards and requirements of the 
        Department; and
            ``(E) are veterans who served in combat as members of the 
        Armed Forces.

    ``(c) Structure.--(1) The Readjustment Counseling Service is a 
distinct organizational element within Veterans Health Administration.
    ``(2) The Readjustment Counseling Service shall provide counseling 
and services as described in subsection (a).
    ``(3) The Chief Officer shall have direct authority over all 
Readjustment Counseling Service staff and assets, including Vet Centers.
    ``(d) Source of Funds.--(1) Amounts for the activities of the 
Readjustment Counseling Service, including the operations of its Vet 
Centers, shall be derived from amounts appropriated for the Veterans 
Health Administration for medical care.
    ``(2) Amounts for activities of the Readjustment Counseling Service, 
including the operations of its Vet Centers, shall not be allocated 
through the Veterans Equitable Resource Allocation system.
    ``(3) In each budget request submitted for the Department of 
Veterans Affairs by the President to Congress under section 1105 of 
title 31, the budget request for the Readjustment Counseling Service 
shall be listed separately.

[[Page 126 STAT. 1813]]

    ``(e) Annual Report.--(1) Not later than March 15 of each year, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the activities of the Readjustment 
Counseling Service during the preceding calendar year.
    ``(2) Each report submitted under paragraph (1) shall include, with 
respect to the period covered by the report, the following:
            ``(A) A summary of the activities of the Readjustment 
        Counseling Service, including Vet Centers.
            ``(B) A description of the workload and additional treatment 
        capacity of the Vet Centers, including, for each Vet Center, the 
        ratio of the number of full-time equivalent employees at such 
        Vet Center and the number of individuals who received services 
        or assistance at such Vet Center.
            ``(C) A detailed analysis of demand for and unmet need for 
        readjustment counseling services and the Secretary's plan for 
        meeting such unmet need.

    ``(f) Vet Center Defined.--In this section, the term `Vet Center' 
has the meaning given the term in section 1712A(h)(1) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of such title is <<NOTE: 38 USC prec. 7301.>> amended by 
inserting after the item relating to section 7308 the following new 
item:

``7309. Readjustment Counseling Service.''.

    (c) Conforming Amendments.--Section 7305 of such title is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) A Readjustment Counseling Service.''.
SEC. 729. <<NOTE: 38 USC 7405 note.>>  RECRUITMENT OF MENTAL 
                        HEALTH PROVIDERS FOR FURNISHING MENTAL 
                        HEALTH SERVICES ON BEHALF OF THE 
                        DEPARTMENT OF VETERANS AFFAIRS WITHOUT 
                        COMPENSATION FROM THE DEPARTMENT.

    (a) In General.--The Secretary of Veterans Affairs shall carry out a 
national program of outreach to societies, community organizations, 
nonprofit organizations, and government entities in order to recruit 
mental health providers who meet the quality standards and requirements 
of the Department of Veterans Affairs to provide mental health services 
for the Department on a part-time, without-compensation basis, under 
section 7405 of title 38, United States Code.
    (b) Partnering With and Developing Community Entities and Nonprofit 
Organizations.--In carrying out the program required by subsection (a), 
the Secretary may partner with a community entity or nonprofit 
organization or assist in the development of a community entity or 
nonprofit organization, including by entering into an agreement under 
section 8153 of title 38, United States Code, that provides strategic 
coordination of the societies, organizations, and government entities 
described in subsection (a) in order to maximize the availability and 
efficient delivery of mental health services to veterans by such 
societies, organizations, and government entities.

[[Page 126 STAT. 1814]]

    (c) Military Culture Training.--In carrying out the program required 
by subsection (a), the Secretary shall provide training to mental health 
providers to ensure that clinicians who provide mental health services 
as described in such subsection have sufficient understanding of 
military-specific and service-specific culture, combat experience, and 
other factors that are unique to the experience of veterans who served 
in Operation Enduring Freedom, Operating Iraqi Freedom, or Operation New 
Dawn.
SEC. 730. PEER SUPPORT.

    (a) Peer Support Counseling Program.--
            (1) Program required.--Paragraph (1) of section 1720F(j) of 
        title 38, United States Code, is amended in the matter preceding 
        subparagraph (A) by striking ``may'' and inserting ``shall''.
            (2) Training.--Paragraph (2) of such section is amended by 
        inserting after ``peer counselors'' the following: ``, including 
        training carried out under the national program of training 
        required by section 304(c) of the Caregivers and Veterans 
        Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note)''.
            (3) Availability of program at department medical centers.--
        Such section is amended by adding at the end the following new 
        paragraph:

    ``(3) In addition to other locations the Secretary considers 
appropriate, the Secretary shall carry out the peer support program 
under this subsection at each Department medical center.''.
            (4) <<NOTE: 38 USC 1720F note.>>  Deadline for commencement 
        of program.--The Secretary of Veterans Affairs shall ensure that 
        the peer support counseling program required by section 1720F(j) 
        of title 38, United States Code, as amended by this subsection, 
        commences at each Department of Veterans Affairs medical center 
        not later than 270 days after the date of the enactment of this 
        Act.

    (b) Peer Outreach and Peer Support Services at Department Medical 
Centers Under Program on Readjustment and Mental Health Care Services 
for Veterans Who Served in Operation Enduring Freedom and Operation 
Iraqi Freedom.--
            (1) In general.--Section 304 of the Caregivers and Veterans 
        Omnibus Health Services Act of 2010 (Public Law 111-163; 38 
        U.S.C. 1712A note) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the following 
                new subsection (e):

    ``(e) Provision of Peer Outreach and Peer Support Services at 
Department Medical Centers.--The Secretary shall carry out the services 
required by subparagraphs (A) and (B) of subsection (a)(1) at each 
Department medical center.''.
            (2) <<NOTE: 38 USC 1712A note.>>  Deadline.--The Secretary 
        of Veterans Affairs shall commence carrying out the services 
        required by subparagraphs (A) and (B) of subsection (a)(1) of 
        such section at each Department of Veterans Affairs medical 
        center, as required by subsection (e) of such section (as added 
        by paragraph (1)), not later than 270 days after the date of the 
        enactment of this Act.

[[Page 126 STAT. 1815]]

                  Subtitle D--Reports and Other Matters

SEC. 731. <<NOTE: 10 USC 1071 note.>>  PLAN FOR REFORM OF THE 
                        ADMINISTRATION OF THE MILITARY HEALTH 
                        SYSTEM.

    (a) Detailed Plan.--In implementing reforms to the governance of the 
military health system described in the memorandum of the Deputy 
Secretary of Defense dated March 2012, the Secretary of Defense shall 
develop a detailed plan to carry out such reform.
    (b) Elements.--The plan developed under subsection (a) shall include 
the following:
            (1) Goals to achieve while carrying out the reform described 
        in subsection (a), including goals with respect to improving 
        clinical and business practices, cost reductions, infrastructure 
        reductions, and personnel reductions, achieved by establishing 
        the Defense Health Agency, carrying out shared services, and 
        modifying the governance of the National Capital Region.
            (2) Metrics to evaluate the achievement of each goal under 
        paragraph (1) with respect to the purpose, objective, and 
        improvements made by each such goal.
            (3) The personnel levels required for the Defense Health 
        Agency and the National Capital Region Medical Directorate.
            (4) A detailed schedule to carry out the reform described in 
        subsection (a), including a schedule for meeting the goals under 
        paragraph (1).
            (5) Detailed information describing the initial operating 
        capability of the Defense Health Agency.
            (6) With respect to each shared service that the Secretary 
        will implement during fiscal year 2013 or 2014--
                    (A) a timeline for such implementation; and
                    (B) a business case analysis detailing--
                          (i) the services that will be consolidated 
                      into the shared service;
                          (ii) the purpose of the shared service;
                          (iii) the scope of the responsibilities and 
                      goals for the shared service;
                          (iv) the cost of implementing the shared 
                      service, including the costs regarding personnel 
                      severance, relocation, military construction, 
                      information technology, and contractor support; 
                      and
                          (v) the anticipated cost savings to be 
                      realized by implementing the shared service.

    (c) Submission.--The Secretary of Defense shall submit to the 
congressional defense committees the plan developed under subsection (a) 
as follows:
            (1) The contents of the plan described in paragraphs (1) and 
        (4) of subsection (b) shall be submitted not later than March 
        31, 2013.
            (2) The contents of the plan described in paragraphs (2) and 
        (3) of subsection (b) and paragraph (6) of such subsection with 
        respect to shared services implemented during fiscal year 2013 
        shall be submitted not later than June 30, 2013.
            (3) The contents of the plan described in paragraph (6) of 
        such subsection with respect to shared services implemented 
        during fiscal year 2014 shall be submitted not later than 
        September 30, 2013.

    (d) Limitations.--

[[Page 126 STAT. 1816]]

            (1) First submission.--Of the funds authorized to be 
        appropriated by this Act or otherwise made available for fiscal 
        year 2013 for the accounts and activities described in paragraph 
        (4), not more than 50 percent may be obligated or expended until 
        the date on which the Secretary of Defense submits to the 
        congressional defense committees the contents of the plan under 
        subsection (c)(1).
            (2) Second submission.--Of the funds authorized to be 
        appropriated by this Act or otherwise made available for fiscal 
        year 2013 for the accounts and activities described in paragraph 
        (4), not more than 75 percent may be obligated or expended until 
        the date on which the Secretary of Defense submits to the 
        congressional defense committees the contents of the plan under 
        subsection (c)(2).
            (3) Comptroller general review.--The Comptroller General of 
        the United States shall submit to the congressional defense 
        committees a review of the contents of the plan submitted under 
        each of paragraphs (1) and (2) to assess whether the Secretary 
        of Defense meets the requirements of such contents.
            (4) Accounts and activities described.--The accounts and 
        activities described in this paragraph are as follows:
                    (A) Operation and maintenance, Defense-wide, for the 
                Office of the Secretary of Defense for travel.
                    (B) Operation and maintenance, Defense-wide, for the 
                Office of the Secretary of Defense for management 
                professional support services.
                    (C) Operation and maintenance, Defense Health 
                Program, for travel.
                    (D) Operation and maintenance, Defense Health 
                Program, for management professional support services.

    (e) Shared Services Defined.--In this section, the term ``shared 
services'' means the common services required for each military 
department to provide medical support to the Armed Forces and authorized 
beneficiaries.
SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE 
                        UNITED STATES.

    (a) Report Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report setting forth the policy of the 
        Department of Defense on the future availability of TRICARE 
        Prime under the TRICARE program for eligible beneficiaries in 
        all TRICARE regions throughout the United States.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description, by region, of the difference in 
                availability of TRICARE Prime for eligible beneficiaries 
                (other than eligible beneficiaries on active duty in the 
                Armed Forces) under newly awarded TRICARE managed care 
                contracts, including, in particular, an identification 
                of the regions or areas in which TRICARE Prime will no 
                longer be available for such beneficiaries under such 
                contracts.

[[Page 126 STAT. 1817]]

                    (B) An estimate of the increased costs to be 
                incurred by an affected eligible beneficiary for health 
                care under the TRICARE program.
                    (C) An estimate of the savings to be achieved by the 
                Department as a result of the contracts described in 
                subparagraph (A).
                    (D) A description of the plans of the Department to 
                continue to assess the impact on access to health care 
                for affected eligible beneficiaries.
                    (E) A description of the plan of the Department to 
                provide assistance to affected eligible beneficiaries 
                who are transitioning from TRICARE Prime to TRICARE 
                Standard, including assistance with respect to 
                identifying health care providers.
                    (F) Any other matter the Secretary considers 
                appropriate.

    (b) Definitions.--In this section:
            (1) The term ``affected eligible beneficiary'' means an 
        eligible beneficiary under the TRICARE Program (other than 
        eligible beneficiaries on active duty in the Armed Forces) who, 
        as of the date of the enactment of this Act--
                    (A) is enrolled in TRICARE Prime; and
                    (B) resides in a region of the United States in 
                which TRICARE Prime enrollment will no longer be 
                available for such beneficiary under a contract 
                described in subsection (a)(2)(A) that does not allow 
                for such enrollment because of the location in which 
                such beneficiary resides.
            (2) The term ``TRICARE Prime'' means the managed care option 
        of the TRICARE program.
            (3) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.
            (4) The term ``TRICARE Standard'' means the fee-for-service 
        option of the TRICARE Program.
SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT 
                        HEALTH CARE STAFFING FOR MILITARY MEDICAL 
                        TREATMENT FACILITIES.

    Section 726(a) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking 
``March 31, 2012'' and inserting ``March 31, 2013''.
SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON WOMEN-
                        SPECIFIC HEALTH SERVICES AND TREATMENT FOR 
                        FEMALE MEMBERS OF THE ARMED FORCES.

    Section 725(c) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking 
``December 31, 2012'' and inserting ``March 31, 2013''.
SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHILDREN OF 
                        MEMBERS OF THE ARMED FORCES.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
health care and related support provided by the Secretary to dependent 
children.
    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) A comprehensive review of the policies of the Secretary 
        and the TRICARE program with respect to providing pediatric 
        care.

[[Page 126 STAT. 1818]]

            (2) An assessment of access to pediatric health care by 
        dependent children in appropriate settings.
            (3) An assessment of access to specialty care by dependent 
        children, including care for children with special health care 
        needs.
            (4) A comprehensive review and analysis of reimbursement 
        under the TRICARE program for pediatric care.
            (5) An assessment of the adequacy of the ECHO Program in 
        meeting the needs of dependent children with extraordinary 
        health care needs.
            (6) An assessment of the adequacy of care management for 
        dependent children with special health care needs.
            (7) An assessment of the support provided through other 
        Department of Defense or military department programs and 
        policies that support the physical and behavorial health of 
        dependent children, including children with special health care 
        needs.
            (8) Mechanisms for linking dependent children with special 
        health care needs with State and local community resources, 
        including children's hospitals and providers of pediatric 
        specialty care.
            (9) Strategies to mitigate the impact of frequent 
        relocations related to military service on the continuity of 
        health care services for dependent children, including children 
        with special health and behavioral health care needs.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the study under subsection (a), including--
            (1) the findings of the study;
            (2) a plan to improve and continuously monitor the access of 
        dependent children to quality health care; and
            (3) any recommendations for legislation that the Secretary 
        considers necessary to maintain the highest quality of health 
        care for dependent children.

    (d) Definitions.--In this section:
            (1) The term ``dependent children'' means the children of 
        members of the Armed Forces who are covered beneficiaries under 
        chapter 55 of title 10, United States Code.
            (2) The term ``ECHO Program'' means the Extended Care Health 
        Option under subsections (d) through (f) of section 1079 of 
        title 10, United States Code.
SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-BASED 
                        METHODS FOR CERTAIN MEDICAL TRAINING.

    (a) Report.--
            (1) In general.--Not later than March 1, 2013, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report that outlines a strategy, including a detailed 
        timeline, to refine and, when appropriate, transition to using 
        human-based training methods for the purpose of training members 
        of the Armed Forces in the treatment of combat trauma injuries.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) Required research, development, testing, and 
                evaluation investments to validate human-based training

[[Page 126 STAT. 1819]]

                methods to refine, reduce, and, when appropriate, 
                transition from the use of live animals in medical 
                education and training.
                    (B) Phased sustainment and readiness costs to 
                refine, reduce, and, when appropriate, replace the use 
                of live animals in medical education and training.
                    (C) Any risks associated with transitioning to 
                human-based training methods, including resource 
                availability, anticipated technological development 
                timelines, and potential impact on the present combat 
                trauma training curricula.
                    (D) An assessment of the potential effect of 
                transitioning to human-based training methods on the 
                quality of medical care delivered on the battlefield, 
                including any reduction in the competency of combat 
                medical personnel.
                    (E) An assessment of risks to maintaining the level 
                of combat life-saver techniques performed by all members 
                of the Armed Forces.

    (b) Definitions.--In this section:
            (1) The term ``combat trauma injuries'' means severe 
        injuries likely to occur during combat, including--
                    (A) extremity hemorrhage;
                    (B) tension pneumothorax;
                    (C) amputation resulting from blast injury;
                    (D) compromises to the airway; and
                    (E) other injuries.
            (2) The term ``human-based training methods'' means, with 
        respect to training individuals in medical treatment, the use of 
        systems and devices that do not use animals, including--
                    (A) simulators;
                    (B) partial task trainers;
                    (C) moulage;
                    (D) simulated combat environments; and
                    (E) human cadavers.
            (3) The term ``partial task trainers'' means training aids 
        that allow individuals to learn or practice specific medical 
        procedures.
SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE 
                        ARMED FORCES SERVING ON ACTIVE DUTY.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
incidence of breast cancer among members of the Armed Forces serving on 
active duty.
    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) A determination of the number of members of the Armed 
        Forces who served on active duty at any time during the period 
        from 2000 to 2010 who were diagnosed with breast cancer during 
        such period.
            (2) A determination of demographic information regarding 
        such members, including race, ethnicity, sex, age, and rank.
            (3) An analysis of breast cancer treatments received by such 
        members and the source of such treatment.
            (4) The availability and training of breast cancer 
        specialists within the military health system.

[[Page 126 STAT. 1820]]

            (5) A comparison of the rates of members of the Armed Forces 
        serving on active duty who have breast cancer to civilian 
        populations with comparable demographic characteristics.
            (6) Identification of potential factors associated with 
        military service that could increase the risk of breast cancer 
        for members of the Armed Forces serving on active duty.
            (7) A description of a research agenda to further the 
        understanding of the Department of Defense of the incidence of 
        breast cancer among such members.
            (8) An assessment of the effectiveness of outreach to 
        members of the Armed Forces to identify risks of, prevent, 
        detect, and treat breast cancer.
            (9) Recommendations for changes to policy or law that could 
        improve the prevention, early detection, awareness, and 
        treatment of breast cancer among members of the Armed Forces 
        serving on active duty.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the findings and recommendations of the study 
under subsection (a), including a description of any further unique 
military research needed with respect to breast cancer.
SEC. 738. <<NOTE: 10 USC 1071 note.>>  PERFORMANCE METRICS AND 
                        REPORTS ON WARRIORS IN TRANSITION PROGRAMS 
                        OF THE MILITARY DEPARTMENTS.

    (a) <<NOTE: Policy.>>  Metrics Required.--The Secretary of Defense 
shall establish a policy containing uniform performance outcome 
measurements to be used by each Secretary of a military department in 
tracking and monitoring members of the Armed Forces in Warriors in 
Transition programs.

    (b) Elements.--The policy established under subsection (a) shall 
identify outcome measurements with respect to the following:
            (1) Physical health and behavioral health.
            (2) Rehabilitation.
            (3) Educational and vocational preparation.
            (4) Such other matters as the Secretary considers 
        appropriate.

    (c) Milestones.--In establishing the policy under subsection (a), 
the Secretary of Defense shall establish metrics and milestones for 
members in Warriors in Transition programs. Such metrics and milestones 
shall cover members throughout the course of care and rehabilitation in 
Warriors in Transitions programs by applying to the following occasions:
            (1) When the member commences participation in the program.
            (2) At least once each year the member participates in the 
        program.
            (3) When the member ceases participation in the program or 
        is transferred to the jurisdiction of the Secretary of Veterans 
        Affairs.

    (d) Cohort Groups and Parameters.--The policy established under 
subsection (a)--
            (1) may differentiate among cohort groups within the 
        population of members in Warriors in Transition programs, as 
        appropriate; and

[[Page 126 STAT. 1821]]

            (2) shall include parameters for specific outcome 
        measurements in each element under subsection (b) and each 
        metric and milestone under subsection (c).

    (e) Reports Required.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report on the 
        policy established under subsection (a), including the outcome 
        measurements for each element under subsection (b) and each 
        metric and milestone under subsection (c).
            (2) Annual reports.--Not later than February of each year 
        beginning in 2014 and ending in 2018, the Secretary of Defense 
        shall submit to the congressional defense committees a report on 
        the performance of the military departments with respect to the 
        policy established under subsection (a). Each report shall 
        include--
                    (A) an analysis of--
                          (i) data on improvements in the progress of 
                      members in Warriors in Transition programs in each 
                      specific area identified in the policy;
                          (ii) access to health and rehabilitation 
                      services by such members, including average 
                      appointment waiting times by specialty;
                          (iii) effectiveness of the programs in 
                      assisting in the transition of such members to 
                      military duty or civilian life through education 
                      and vocational assistance;
                          (iv) any differences in outcomes in Warriors 
                      in Transition programs, and the reason for any 
                      such differences; and
                          (v) the quantities and effectiveness of 
                      medical and nonmedical case managers, legal 
                      support and physical evaluation board liaison 
                      officers, mental health care providers, and 
                      medical evaluation physicians in comparison to the 
                      actual number of members requiring such services; 
                      and
                    (B) such other results and analyses as the Secretary 
                considers appropriate, including any recommendations for 
                legislation if needed.

    (f) Warriors in Transition Program Defined.--In this section, the 
term ``Warriors in Transition program'' means any major support program 
of the Armed Forces for members of the Armed Forces with severe wounds, 
illnesses, or injuries that is intended to provide such members with 
nonmedical case management service and care coordination services, and 
includes the programs as follows:
            (1) Warrior Transition Units and the Wounded Warrior Program 
        of the Army.
            (2) The Wounded Warrior Safe Harbor program of the Navy.
            (3) The Wounded Warrior Regiment of the Marine Corps.
            (4) The Recovery Care Program and the Wounded Warrior 
        programs of the Air Force.
            (5) The Care Coalition of the United States Special 
        Operations Command.

[[Page 126 STAT. 1822]]

SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS OF 
                        THE DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL 
                        HEALTH AND TRAUMATIC BRAIN INJURY.

    (a) Sense of Congress.--Congress supports the efforts of the 
Secretary of Veterans Affairs and the Secretary of Defense to educate 
members of the Armed Forces, veterans, the families of such members and 
veterans, the medical community, and the public with respect to the 
causes, symptoms, and treatment of post-traumatic stress disorder.
    (b) Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a plan to improve the coordination and 
        integration of the programs of the Department of Defense that 
        address traumatic brain injury and the psychological health of 
        members of the Armed Forces.
            (2) Elements.--The plan under paragraph (1) shall include 
        the following:
                    (A) Identification of--
                          (i) any gaps in services and treatments 
                      provided by the programs of the Department of 
                      Defense that address traumatic brain injury and 
                      the psychological health of members of the Armed 
                      Forces; and
                          (ii) any unnecessary redundancies in such 
                      programs.
                    (B) A plan for mitigating the gaps and redundancies 
                identified under subparagraph (A).
                    (C) Identification of the official within the 
                Department who will be responsible for leading the 
                implementation of the plan described in paragraph (1).

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Treatment of procurements on behalf of the Department of 
           Defense through the Work for Others program of the Department 
           of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce 
           Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for 
           procurements on behalf of the Department of Defense by 
           certain nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain 
           risk.
Sec. 807. Sense of Congress on the continuing progress of the Department 
           of Defense in implementing its Item Unique Identification 
           Initiative.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for 
           the development or production of major defense acquisition 
           programs.
Sec. 813. Technical change regarding programs experiencing critical cost 
           growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated 
           before enactment of Milestone B certification and approval 
           process.

[[Page 126 STAT. 1823]]

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

Sec. 821. Modification of time period for congressional notification of 
           the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management 
           and product support requirements.
Sec. 824. Codification of requirement relating to Government performance 
           of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and 
           subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform 
           components supplied to Afghan military or Afghan National 
           Police.
Sec. 827. Enhancement of whistleblower protections for contractor 
           employees.
Sec. 828. Pilot program for enhancement of contractor employee 
           whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery 
           order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of 
           price.
Sec. 832. Department of Defense access to, use of, and safeguards and 
           protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to 
           detection and avoidance of counterfeit electronic parts.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                               Operations

Sec. 841. Extension and expansion of authority to acquire products and 
           services produced in countries along a major route of supply 
           to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services 
           produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational 
           contract support.
Sec. 844. Data collection on contract support for future overseas 
           contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain 
           requirements for Department of Defense planning, joint 
           professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor 
           performance.
Sec. 847. Extension and modification of reports on contracting in Iraq 
           and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas 
           contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas 
           contingency operations in responsibilities of Chief 
           Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the 
           United States Agency for International Development for 
           contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal 
           contracts.
Sec. 852. Information on corporate contractor performance and integrity 
           through the Federal Awardee Performance and Integrity 
           Information System.
Sec. 853. Inclusion of data on contractor performance in past 
           performance databases for executive agency source selection 
           decisions.

                        Subtitle E--Other Matters

Sec. 861. Requirements and limitations for suspension and debarment 
           officials of the Department of Defense, the Department of 
           State, and the United States Agency for International 
           Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor 
           employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts 
           under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining 
           bid protests in annual protest report by Comptroller General 
           to Congress.

[[Page 126 STAT. 1824]]

              Subtitle A--Acquisition Policy and Management

SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF 
                        DEFENSE THROUGH THE WORK FOR OTHERS 
                        PROGRAM OF THE DEPARTMENT OF ENERGY.

    (a) In General.--Subsection (d) of section 801 of the National 
Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is 
amended--
            (1) in the subsection heading, by striking ``defense'' and 
        inserting ``applicable'';
            (2) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
            (3) by striking ``For the purposes'' and inserting ``(1) 
        Except as provided in paragraph (2), for the purposes'';
            (4) in paragraph (1), as designated by paragraph (3) of this 
        subsection, by striking ``defense procurement'' and inserting 
        ``applicable procurement''; and
            (5) by adding at the end the following new paragraph (2):

    ``(2) In the case of the procurement of property or services on 
behalf of the Department of Defense through the Work for Others program 
of the Department of Energy, the laws and regulations applicable under 
paragraph (1)(B) are the Department of Energy Acquisition Regulations, 
pertinent interagency agreements, and Department of Defense and 
Department of Energy policies related to the Work for Others program.''.
    (b) Conforming Amendments.--Such section is further amended by 
striking ``defense procurement'' and inserting ``applicable 
procurement'' each place it appears as follows:
            (1) Subsection (a)(1)(B).
            (2) Subsection (a)(4) (as redesignated by section 
        805(a)(3)).
            (3) Subsection (a)(4)(A) (as redesignated by section 
        805(a)(3)).
            (4) Subsection (b)(1)(A).
            (5) Subsection (b)(1)(B)(ii).
            (6) Subsection (c)(2)(F).
SEC. 802. <<NOTE: 10 USC 2304 note.>>  REVIEW AND JUSTIFICATION OF 
                        PASS-THROUGH CONTRACTS.

    Not <<NOTE: Deadline.>>  later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, the Secretary of State, 
and the Administrator of the United States Agency for International 
Development shall issue such guidance and regulations as may be 
necessary to ensure that in any case in which an offeror for a contract 
or a task or delivery order informs the agency pursuant to section 
52.215-22 of the Federal Acquisition Regulation that the offeror intends 
to award subcontracts for more than 70 percent of the total cost of work 
to be performed under the contract, task order, or delivery order, the 
contracting officer for the contract is required to--
            (1) consider the availability of alternative contract 
        vehicles and the feasibility of contracting directly with a 
        subcontractor or subcontractors that will perform the bulk of 
        the work;

[[Page 126 STAT. 1825]]

            (2) <<NOTE: Determination.>>  make a written determination 
        that the contracting approach selected is in the best interest 
        of the Government; and
            (3) document the basis for such determination.
SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION WORKFORCE 
                        DEVELOPMENT FUND.

    (a) In General.--Section 1705 of title 10, United States Code, is 
amended--
            (1) in subsection (d)(2)(C), by striking clauses (i) through 
        (vi) and inserting the following:
                    ``(i) For fiscal year 2013, $500,000,000.
                    ``(ii) For fiscal year 2014, $800,000,000.
                    ``(iii) For fiscal year 2015, $700,000,000.
                    ``(iv) For fiscal year 2016, $600,000,000.
                    ``(v) For fiscal year 2017, $500,000,000.
                    ``(vi) For fiscal year 2018, $400,000,000.'';
            (2) in subsection (e)--
                    (A) in paragraph (1), by adding at the end the 
                following new sentence: ``In the case of temporary 
                members of the acquisition workforce designated pursuant 
                to subsection (h)(2), such funds shall be available only 
                for the limited purpose of providing training in the 
                performance of acquisition-related functions and 
                duties.''; and
                    (B) in paragraph (5), by inserting before the period 
                at the end the following: ``, and who has continued in 
                the employment of the Department since such time without 
                a break in such employment of more than a year'';
            (3) by striking subsection (g);
            (4) by redesignating subsection (h) as subsection (g); and
            (5) by adding at the end the following new subsection (h):

    ``(h) Acquisition Workforce Defined.--In this section, the term 
`acquisition workforce' means the following:
            ``(1) Personnel in positions designated under section 1721 
        of this title as acquisition positions for purposes of this 
        chapter.
            ``(2) Other military personnel or civilian employees of the 
        Department of Defense who--
                    ``(A) contribute significantly to the acquisition 
                process by virtue of their assigned duties; and
                    ``(B) are designated as temporary members of the 
                acquisition workforce by the Under Secretary of Defense 
                for Acquisition, Technology, and Logistics, or by the 
                senior acquisition executive of a military department, 
                for the limited purpose of receiving training for the 
                performance of acquisition-related functions and 
                duties.''.

    (b) Extension of Expedited Hiring Authority.--Subsection (g) of such 
section, as redesignated by subsection (a)(4) of this section, is 
further amended in paragraph (2) by striking ``September 30, 2015'' and 
inserting ``September 30, 2017''.
    (c) <<NOTE: Deadline. 10 USC 1705 note.>>  Plan Required.--Not later 
than 180 days after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
develop a plan for the implementation of the authority provided by the 
amendments made by subsection (a) with regard to temporary members of 
the defense acquisition workforce. The plan shall include policy, 
criteria, and

[[Page 126 STAT. 1826]]

processes for designating temporary members and appropriate safeguards 
to prevent the abuse of such authority.
SEC. 804. <<NOTE: 10 USC 2302 note.>>  DEPARTMENT OF DEFENSE 
                        POLICY ON CONTRACTOR PROFITS.

    (a) Review of Guidelines on Profits.--The Secretary of Defense shall 
review the profit guidelines in the Department of Defense Supplement to 
the Federal Acquisition Regulation in order to identify any 
modifications to such guidelines that are necessary to ensure an 
appropriate link between contractor profit and contractor performance. 
In conducting the review, the Secretary shall obtain the views of 
experts and interested parties in Government and the private sector.
    (b) Matters To Be Considered.--In conducting the review required by 
subsection (a), the Secretary shall consider, at a minimum, the 
following:
            (1) Appropriate levels of profit needed to sustain 
        competition in the defense industry, taking into account 
        contractor investment and cash flow.
            (2) Appropriate adjustments to address contract and 
        performance risk assumed by the contractor, taking into account 
        the extent to which such risk is passed on to subcontractors.
            (3) Appropriate incentives for superior performance in 
        delivering quality products and services in a timely and cost-
        effective manner, taking into account such factors as prime 
        contractor cost reduction, control of overhead costs, 
        subcontractor cost reduction, subcontractor management, and 
        effective competition (including the use of small business) at 
        the subcontract level.

    (c) <<NOTE: Deadline.>>  Modification of Guidelines.--Not later than 
180 days after the date of the enactment of this Act, the Secretary 
shall modify the profit guidelines described in subsection (a) to make 
such changes as the Secretary determines to be appropriate based on the 
review conducted pursuant to that subsection.
SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS FOR 
                        PROCUREMENTS ON BEHALF OF THE DEPARTMENT 
                        OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES.

    (a) Discretionary Authority.--Subsection (a) of section 801 of the 
National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 
note) is amended--
            (1) in paragraph (1), by striking ``shall, not later than 
        the date specified in paragraph (2),'' and inserting ``may'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraphs (3) through (6) as 
        paragraphs (2) through (5), respectively;
            (4) in paragraph (3), as redesignated by paragraph (3) of 
        this subsection--
                    (A) by striking ``required under this subsection'' 
                and inserting ``to be performed under this subsection''; 
                and
                    (B) by striking ``shall'' and inserting ``may''; and
            (5) in paragraph (4), as so redesignated, by striking 
        ``shall'' and inserting ``may''.

    (b) Conforming Amendments.--Subsection (b)(1)(B) of such section is 
amended--
            (1) in clause (i), by striking ``required by subsection 
        (a)(4)'' and inserting ``to be entered into under subsection 
        (a)(3)''; and

[[Page 126 STAT. 1827]]

            (2) in clause (ii)--
                    (A) by striking ``required by subsection (a)'' and 
                inserting ``provided for under subsection (a)''; and
                    (B) by striking ``subsection (a)(5)'' and inserting 
                ``subsection (a)(4)''.
SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY-
                        CHAIN RISK.

    (a) Extension.--Section 806(g) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 
4262; 10 U.S.C. 2304 note) is amended by striking ``the date that is 
three years after the date of the enactment of this Act'' and inserting 
``September 30, 2018''.
    (b) Verification of Effective Implementation.--Section 806 of such 
Act is further amended by adding at the end the following new 
subsection:
    ``(h) Verification of Effective Implementation.--
            ``(1) Criteria and data collection to measure 
        effectiveness.--The Secretary of Defense shall--
                    ``(A) establish criteria for measuring the 
                effectiveness of the authority provided by this section; 
                and
                    ``(B) collect data to evaluate the implementation of 
                this section using such criteria.
            ``(2) Reports.--The Secretary shall submit to the 
        appropriate congressional committees--
                    ``(A) not later than March 1, 2013, a report on the 
                criteria established under paragraph (1)(A); and
                    ``(B) not later than January 1, 2017, a report on 
                the effectiveness of the implementation of this section, 
                based on data collected under paragraph (1)(B).''.

    (c) Technical Amendment.--Section 806(f)(2) of such Act is amended 
by striking ``that awarded'' and inserting ``that are awarded''.
SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF THE 
                        DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS 
                        ITEM UNIQUE IDENTIFICATION INITIATIVE.

    (a) Findings.--Congress makes the following findings:
            (1) In 2003, the Department of Defense initiated the Item 
        Unique Identification (IUID) Initiative, which requires the 
        marking and tracking of assets deployed throughout the Armed 
        Forces or in the possession of Department contractors.
            (2) The Initiative has the potential for realizing 
        significant cost savings and improving the management of defense 
        equipment and supplies throughout their lifecycle.
            (3) The Initiative can help the Department combat the 
        growing problem of counterfeit parts in the military supply 
        chain.

    (b) Sense of Congress.--It is the sense of Congress--
            (1) to support efforts by the Department of Defense to 
        implement the Item Unique Identification Initiative;
            (2) to support measures to verify contractor compliance with 
        section 252.211-7003 (entitled ``Item Identification and 
        Valuation'') of the Defense Supplement to the Federal 
        Acquisition Regulation, on Unique Identification, which states 
        that a unique identification equivalent recognized by the 
        Department is required for certain acquisitions;

[[Page 126 STAT. 1828]]

            (3) to encourage the Armed Forces to adopt and implement 
        Item Unique Identification actions and milestones; and
            (4) to support investment of sufficient resources and 
        continued training and leadership to enable the Department to 
        capture meaningful data and optimize the benefits of the Item 
        Unique Identification Initiative.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

SEC. 811. <<NOTE: 10 USC 2430 note.>>  LIMITATION ON USE OF COST-
                        TYPE CONTRACTS.

    (a) Prohibition With Respect to Production of Major Defense 
Acquisition Programs.--Not later 
than <<NOTE: Deadline. Regulations.>> 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall modify the 
acquisition regulations of the Department of Defense to prohibit the 
Department from entering into cost-type contracts for the production of 
major defense acquisition programs.

    (b) Exception.--
            (1) <<NOTE: Certification.>>  In general.--The prohibition 
        under subsection (a) shall not apply in the case of a particular 
        cost-type contract if the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics provides written 
        certification to the congressional defense committees that a 
        cost-type contract is needed to provide a required capability in 
        a timely and cost-effective manner.
            (2) Scope of exception.--In any case for which the Under 
        Secretary grants an exception under paragraph (1), the Under 
        Secretary shall take affirmative steps to make sure that the use 
        of cost-type pricing is limited to only those line items or 
        portions of the contract where such pricing is needed to achieve 
        the purposes of the exception. A written certification under 
        paragraph (1) shall be accompanied by an explanation of the 
        steps taken under this paragraph.

    (c) Definitions.--In this section:
            (1) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning given the term in 
        section 2430(a) of title 10, United States Code.
            (2) Production of a major defense acquisition program.--The 
        term ``production of a major defense acquisition program'' means 
        the production and deployment of a major system that is intended 
        to achieve an operational capability that satisfies mission 
        needs, or any activity otherwise defined as Milestone C under 
        Department of Defense Instruction 5000.02 or related 
        authorities.
            (3) Contract for the production of a major defense 
        acquisition program.--The term ``contract for the production of 
        a major defense acquisition program''--
                    (A) means a prime contract for the production of a 
                major defense acquisition program; and
                    (B) does not include individual line items for 
                segregable efforts or contracts for the incremental 
                improvement of systems that are already in production 
                (other than contracts for major upgrades that are 
                themselves major defense acquisition programs).

    (d) <<NOTE: Effective date.>>  Applicability.--The requirements of 
this section shall apply to contracts for the production of major 
defense acquisition programs entered into on or after October 1, 2014.

[[Page 126 STAT. 1829]]

SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF 
                        CONTRACTS FOR THE DEVELOPMENT OR 
                        PRODUCTION OF MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) <<NOTE: Deadline.>>  Department of Defense Review.--Not later 
than 180 days after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
review relevant acquisition guidance and take appropriate actions to 
ensure that program managers for major defense acquisition programs are 
preparing estimates of potential termination liability for covered 
contracts, including how such termination liability is likely to 
increase or decrease over the period of performance, and are giving 
appropriate consideration to such estimates before making 
recommendations on decisions to enter into or terminate such contracts.

    (b) Comptroller General of the United States Report.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 270 
        days after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees a report on the extent to which 
        the Department of Defense is considering potential termination 
        liability as a factor in entering into and in terminating 
        covered contracts.
            (2) Matters to be addressed.--The report required by 
        paragraph (1) shall include, at a minimum, an assessment of the 
        following:
                    (A) The extent to which the Department of Defense 
                developed estimates of potential termination liability 
                for covered contracts entered into before the date of 
                the enactment of this Act and how such termination 
                liability was likely to increase or decrease over the 
                period of performance before making decisions to enter 
                into or terminate such contracts.
                    (B) The extent to which the Department considered 
                estimates of potential termination liability for such 
                contracts and how such termination liability was likely 
                to increase or decrease over the period of performance 
                as a risk factor in deciding whether to enter into or 
                terminate such contracts.

    (c) <<NOTE: Definition.>>  Covered Contracts.--For purposes of this 
section, a covered contract is a contract for the development or 
production of a major defense acquisition program for which potential 
termination liability could reasonably be expected to exceed 
$100,000,000.

    (d) Major Defense Acquisition Program Defined.--In this section, the 
term ``major defense acquisition program'' has the meaning given that 
term in section 2430(a) of title 10, United States Code.
SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING 
                        CRITICAL COST GROWTH DUE TO CHANGE IN 
                        QUANTITY PURCHASED.

    Section 2433a(c)(3)(A) of title 10, United States Code, is amended 
by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs 
(B), (C), and (E)''.

[[Page 126 STAT. 1830]]

SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS 
                        INITIATED BEFORE ENACTMENT OF MILESTONE B 
                        CERTIFICATION AND APPROVAL PROCESS.

    Subsection (b) of section 205 of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111-23; 123 Stat. 1725; 10 U.S.C. 2366b 
note) is repealed.

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

SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL 
                        NOTIFICATION OF THE LEASE OF CERTAIN 
                        VESSELS BY THE DEPARTMENT OF DEFENSE.

    Section 2401(h)(2) of title 10, United States Code, is amended by 
striking ``30 days of continuous session of Congress'' and inserting 
``60 days''.
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
                        PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

    (a) <<NOTE: Effective date.>>  Extension.--Effective as of January 
1, 2012, section 4202 of the Clinger-Cohen Act of 1996 (division D of 
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in 
subsection (e) by striking ``2012'' and inserting ``2015''.

    (b) Technical Amendment to Cross References.--Subsection (e) of such 
Act is further amended by striking ``section 303(g)(1) of the Federal 
Property and Administrative Services Act of 1949, and section 31(a) of 
the Office of Federal Procurement Policy Act, as amended by this 
section,'' and inserting ``section 3305(a) of title 41, United States 
Code, and section 1901(a) of title 41, United States Code,''.
SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE 
                        MANAGEMENT AND PRODUCT SUPPORT 
                        REQUIREMENTS.

    (a) Codification and Amendment.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, as amended by section 331, is further amended by adding at 
        the end the following new section:
``Sec. 2337. <<NOTE: 10 USC 2337.>>  Life-cycle management and 
                  product support

    ``(a) Guidance on Life-Cycle Management.--The Secretary of Defense 
shall issue and maintain comprehensive guidance on life-cycle management 
and the development and implementation of product support strategies for 
major weapon systems. The guidance issued pursuant to this subsection 
shall--
            ``(1) maximize competition and make the best possible use of 
        available Department of Defense and industry resources at the 
        system, subsystem, and component levels; and
            ``(2) maximize value to the Department of Defense by 
        providing the best possible product support outcomes at the 
        lowest operations and support cost.

    ``(b) Product Support Managers.--

[[Page 126 STAT. 1831]]

            ``(1) Requirement.--The Secretary of Defense shall require 
        that each major weapon system be supported by a product support 
        manager in accordance with this subsection.
            ``(2) Responsibilities.--A product support manager for a 
        major weapon system shall--
                    ``(A) develop and implement a comprehensive product 
                support strategy for the weapon system;
                    ``(B) use appropriate predictive analysis and 
                modeling tools that can improve material availability 
                and reliability, increase operational availability 
                rates, and reduce operation and sustainment costs;
                    ``(C) conduct appropriate cost analyses to validate 
                the product support strategy, including cost-benefit 
                analyses as outlined in Office of Management and Budget 
                Circular A-94;
                    ``(D) ensure achievement of desired product support 
                outcomes through development and implementation of 
                appropriate product support arrangements;
                    ``(E) adjust performance requirements and resource 
                allocations across product support integrators and 
                product support providers as necessary to optimize 
                implementation of the product support strategy;
                    ``(F) periodically review product support 
                arrangements between the product support integrators and 
                product support providers to ensure the arrangements are 
                consistent with the overall product support strategy;
                    ``(G) prior to each change in the product support 
                strategy or every five years, whichever occurs first, 
                revalidate any business-case analysis performed in 
                support of the product support strategy; and
                    ``(H) ensure that the product support strategy 
                maximizes small business participation at the 
                appropriate tiers.

    ``(c) Definitions.--In this section:
            ``(1) Product support.--The term `product support' means the 
        package of support functions required to field and maintain the 
        readiness and operational capability of major weapon systems, 
        subsystems, and components, including all functions related to 
        weapon system readiness.
            ``(2) Product support arrangement.--The term `product 
        support arrangement' means a contract, task order, or any type 
        of other contractual arrangement, or any type of agreement or 
        non-contractual arrangement within the Federal Government, for 
        the performance of sustainment or logistics support required for 
        major weapon systems, subsystems, or components. The term 
        includes arrangements for any of the following:
                    ``(A) Performance-based logistics.
                    ``(B) Sustainment support.
                    ``(C) Contractor logistics support.
                    ``(D) Life-cycle product support.
                    ``(E) Weapon systems product support.
            ``(3) Product support integrator.--The term `product support 
        integrator' means an entity within the Federal Government or 
        outside the Federal Government charged with integrating all 
        sources of product support, both private and public, defined 
        within the scope of a product support arrangement.
            ``(4) Product support provider.--The term `product support 
        provider' means an entity that provides product support

[[Page 126 STAT. 1832]]

        functions. The term includes an entity within the Department of 
        Defense, an entity within the private sector, or a partnership 
        between such entities.
            ``(5) Major weapon system.--The term `major weapon system' 
        means a major system within the meaning of section 2302d(a) of 
        this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 137 of such title, <<NOTE: 10 USC prec. 
        2301.>> as so amended, is further amended by adding at the end 
        the following new item:

``2337. Life-cycle management and product support.''.

    (b) Repeal of Superseded Section.--Section 805 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 
U.S.C. 2302 note) is repealed.
SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT 
                        PERFORMANCE OF CRITICAL ACQUISITION 
                        FUNCTIONS.

    (a) Codification.--
            (1) In general.--Subchapter I of chapter 87 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1706. <<NOTE: 10 USC 1706.>> Government performance of 
                  certain acquisition functions

    ``(a) Goal.--It shall be the goal of the Department of Defense and 
each of the military departments to ensure that, for each major defense 
acquisition program and each major automated information system program, 
each of the following positions is performed by a properly qualified 
member of the armed forces or full-time employee of the Department of 
Defense:
            ``(1) Program executive officer.
            ``(2) Deputy program executive officer.
            ``(3) Program manager.
            ``(4) Deputy program manager.
            ``(5) Senior contracting official.
            ``(6) Chief developmental tester.
            ``(7) Program lead product support manager.
            ``(8) Program lead systems engineer.
            ``(9) Program lead cost estimator.
            ``(10) Program lead contracting officer.
            ``(11) Program lead business financial manager.
            ``(12) Program lead production, quality, and manufacturing.
            ``(13) Program lead information technology.

    ``(b) Plan of Action.--The Secretary of Defense shall develop and 
implement a plan of action for recruiting, training, and ensuring 
appropriate career development of military and civilian personnel to 
achieve the objective established in subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) The term `major defense acquisition program' has the 
        meaning given such term in section 2430(a) of this title.
            ``(2) The term `major automated information system program' 
        has the meaning given such term in section 2445a(a) of this 
        title.''.

[[Page 126 STAT. 1833]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter <<NOTE: 10 USC prec. 1701.>> is 
        amended by adding at the end the following new item:

``1706. Government performance of certain acquisition functions.''.

    (b) Repeal of Superseded Section.--Section 820 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 10 U.S.C. 1701 note) is repealed.
SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND 
                        SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    Section 202(c) of the Weapon Systems Acquisition Reform Act of 2009 
(Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fair and objective `make-buy' decisions by prime contractors'' 
        and inserting ``competition or the option of competition at the 
        subcontract level'';
            (2) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (2), (3), and (4), respectively; and
            (3) by inserting before paragraph (2), as redesignated by 
        paragraph (2) of this section, the following new paragraph (1):
            ``(1) where appropriate, breaking out a major subsystem, 
        conducting a separate competition for the subsystem, and 
        providing the subsystem to the prime contractor as Government-
        furnished equipment;''.
SEC. 826. <<NOTE: Applicability.>> COMPLIANCE WITH BERRY AMENDMENT 
                        REQUIRED FOR UNIFORM COMPONENTS SUPPLIED 
                        TO AFGHAN MILITARY OR AFGHAN NATIONAL 
                        POLICE.

    (a) Requirement.--In the case of any textile components supplied by 
the Department of Defense to the Afghan National Army or the Afghan 
National Police for purposes of production of uniforms, section 2533a of 
title 10, United States Code, shall apply, and no exceptions or 
exemptions under that section shall apply.
    (b) Effective Date.--This section shall apply to solicitations 
issued and contracts awarded for the procurement of such components 
after the date of the enactment of this Act.
SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR 
                        EMPLOYEES.

    (a) In General.--Subsection (a) of section 2409 of title 10, United 
States Code, is amended--
            (1) by inserting ``(1)'' before ``An employee'';
            (2) in paragraph (1), as so designated--
                    (A) by inserting ``or subcontractor'' after 
                ``employee of a contractor'';
                    (B) by striking ``a Member of Congress'' and all 
                that follows through ``the Department of Justice'' and 
                inserting ``a person or body described in paragraph 
                (2)''; and
                    (C) by striking ``evidence of'' and all that follows 
                and inserting the following: ``evidence of the 
                following:
            ``(A) Gross mismanagement of a Department of Defense 
        contract or grant, a gross waste of Department funds, an abuse 
        of authority relating to a Department contract or grant, or a 
        violation of law, rule, or regulation related to a Department

[[Page 126 STAT. 1834]]

        contract (including the competition for or negotiation of a 
        contract) or grant.
            ``(B) Gross mismanagement of a National Aeronautics and 
        Space Administration contract or grant, a gross waste of 
        Administration funds, an abuse of authority relating to an 
        Administration contract or grant, or a violation of law, rule, 
        or regulation related to an Administration contract (including 
        the competition for or negotiation of a contract) or grant.
            ``(C) A substantial and specific danger to public health or 
        safety.''; and
            (3) by adding at the end the following new paragraphs:

    ``(2) The persons and bodies described in this paragraph are the 
persons and bodies as follows:
            ``(A) A Member of Congress or a representative of a 
        committee of Congress.
            ``(B) An Inspector General.
            ``(C) The Government Accountability Office.
            ``(D) An employee of the Department of Defense or the 
        National Aeronautics and Space Administration, as applicable, 
        responsible for contract oversight or management.
            ``(E) An authorized official of the Department of Justice or 
        other law enforcement agency.
            ``(F) A court or grand jury.
            ``(G) A management official or other employee of the 
        contractor or subcontractor who has the responsibility to 
        investigate, discover, or address misconduct.

    ``(3) For the purposes of paragraph (1)--
            ``(A) an employee who initiates or provides evidence of 
        contractor or subcontractor misconduct in any judicial or 
        administrative proceeding relating to waste, fraud, or abuse on 
        a Department of Defense or National Aeronautics and Space 
        Administration contract or grant shall be deemed to have made a 
        disclosure covered by such paragraph; and
            ``(B) a reprisal described in paragraph (1) is prohibited 
        even if it is undertaken at the request of a Department or 
        Administration official, unless the request takes the form of a 
        nondiscretionary directive and is within the authority of the 
        Department or Administration official making the request.''.

    (b) Investigation of Complaints.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1), by inserting ``fails to allege a 
        violation of the prohibition in subsection (a), or has 
        previously been addressed in another Federal or State judicial 
        or administrative proceeding initiated by the complainant,'' 
        after ``is frivolous,'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``, fails to 
                allege a violation of the prohibition in subsection (a), 
                or has previously been addressed in another Federal or 
                State judicial or administrative proceeding initiated by 
                the complainant'' after ``is frivolous''; and
                    (B) in subparagraph (B), by inserting ``, up to 180 
                days,'' after ``such additional period of time''; and
            (3) by adding at the end the following new paragraphs:

    ``(3) The Inspector General may not respond to any inquiry or 
disclose any information from or about any person alleging the reprisal, 
except to the extent that such response or disclosure is--

[[Page 126 STAT. 1835]]

            ``(A) made with the consent of the person alleging the 
        reprisal;
            ``(B) made in accordance with the provisions of section 552a 
        of title 5 or as required by any other applicable Federal law; 
        or
            ``(C) necessary to conduct an investigation of the alleged 
        reprisal.

    ``(4) A complaint may not be brought under this subsection more than 
three years after the date on which the alleged reprisal took place.''.
    (c) Remedy and Enforcement Authority.--Subsection (c) of such 
section is amended--
            (1) in paragraph (1)(B), by striking ``the compensation 
        (including back pay)'' and inserting ``compensatory damages 
        (including back pay)'';
            (2) in paragraph (2), by adding at the end following new 
        sentence: ``An action under this paragraph may not be brought 
        more than two years after the date on which remedies are deemed 
        to have been exhausted.'';
            (3) in paragraph (4), by striking ``and compensatory and 
        exemplary damages.'' and inserting ``, compensatory and 
        exemplary damages, and reasonable attorney fees and costs. The 
        person upon whose behalf an order was issued may also file such 
        an action or join in an action filed by the head of the 
        agency.'';
            (4) in paragraph (5), by adding at the end the following new 
        sentence: ``Filing such an appeal shall not act to stay the 
        enforcement of the order of the head of an agency, unless a stay 
        is specifically entered by the court.''; and
            (5) by adding at the end the following new paragraphs:

    ``(6) The legal burdens of proof specified in section 1221(e) of 
title 5 shall be controlling for the purposes of any investigation 
conducted by an Inspector General, decision by the head of an agency, or 
judicial or administrative proceeding to determine whether 
discrimination prohibited under this section has occurred.
    ``(7) The rights and remedies provided for in this section may not 
be waived by any agreement, policy, form, or condition of employment.''.
    (d) Notification of Employees.--Such section is further amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Notification of Employees.--The Secretary of Defense and the 
Administrator of the National Aeronautics and Space Administration shall 
ensure that contractors and subcontractors of the Department of Defense 
and the National Aeronautics and Space Administration, as applicable, 
inform their employees in writing of the rights and remedies provided 
under this section, in the predominant native language of the 
workforce.''.
    (e) Exceptions for Intelligence Community.--Such section is further 
amended by inserting after subsection (d), as added by subsection (d)(2) 
of this section, the following new subsection (e):

[[Page 126 STAT. 1836]]

    ``(e) Exceptions.--(1) This section shall not apply to any element 
of the intelligence community, as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)).
    ``(2) This section shall not apply to any disclosure made by an 
employee of a contractor, subcontractor, or grantee of an element of the 
intelligence community if such disclosure--
            ``(A) relates to an activity of an element of the 
        intelligence community; or
            ``(B) was discovered during contract, subcontract, or 
        grantee services provided to an element of the intelligence 
        community.''.

    (f) Abuse of Authority Defined.--Subsection (g) of such section, as 
redesignated by subsection (d)(1) of this section, is further amended by 
adding at the end the following new paragraph:
            ``(6) The term `abuse of authority' means the following:
                    ``(A) An arbitrary and capricious exercise of 
                authority that is inconsistent with the mission of the 
                Department of Defense or the successful performance of a 
                Department contract or grant.
                    ``(B) An arbitrary and capricious exercise of 
                authority that is inconsistent with the mission of the 
                National Aeronautics and Space Administration or the 
                successful performance of an Administration contract or 
                grant.''.

    (g) Allowability of Legal Fees.--Section 2324(k) of such title is 
amended--
            (1) in paragraph (1), by striking ``commenced by the United 
        States or a State'' and inserting ``commenced by the United 
        States, by a State, or by a contractor employee submitting a 
        complaint under section 2409 of this title''; and
            (2) in paragraph (2)(C), by striking ``the imposition of a 
        monetary penalty'' and inserting ``the imposition of a monetary 
        penalty or an order to take corrective action under section 2409 
        of this title''.

    (h) <<NOTE: 10 USC 2324 note.>> Construction.--Nothing in this 
section, or the amendments made by this section, shall be construed to 
provide any rights to disclose classified information not otherwise 
provided by law.

    (i) <<NOTE: 10 USC 2324 note. Applicability.>> Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date that is 180 days after the date of the 
        enactment of this Act, and shall apply to--
                    (A) all contracts awarded on or after such date;
                    (B) all task orders entered on or after such date 
                pursuant to contracts awarded before, on, or after such 
                date; and
                    (C) all contracts awarded before such date that are 
                modified to include a contract clause providing for the 
                applicability of such amendments.
            (2) <<NOTE: Deadline.>> Revision of supplements to the 
        far.--Not later than 180 days after the date of the enactment of 
        this Act, the Department of Defense Supplement to the Federal 
        Acquisition Regulation and the National Aeronautics and Space 
        Administration Supplement to the Federal Acquisition Regulation 
        shall each be revised to implement the requirements arising 
        under the amendments made by this section.
            (3) Inclusion of contract clause in contracts awarded before 
        effective date.--At the time of any major modification to a 
        contract that was awarded before the date that is 180

[[Page 126 STAT. 1837]]

        days after the date of the enactment of this Act, the head of 
        the contracting agency shall make best efforts to include in the 
        contract a contract clause providing for the applicability of 
        the amendments made by this section to the contract.
SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE 
                        WHISTLEBLOWER PROTECTIONS.

    (a) Whistleblower Protections.--
            (1) In general.--Chapter 47 of title 41, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 4712. <<NOTE: 41 USC 4712.>> Pilot program for enhancement 
                  of contractor protection from reprisal for 
                  disclosure of certain information

    ``(a) Prohibition of Reprisals.--
            ``(1) In general.--An employee of a contractor, 
        subcontractor, or grantee may not be discharged, demoted, or 
        otherwise discriminated against as a reprisal for disclosing to 
        a person or body described in paragraph (2) information that the 
        employee reasonably believes is evidence of gross mismanagement 
        of a Federal contract or grant, a gross waste of Federal funds, 
        an abuse of authority relating to a Federal contract or grant, a 
        substantial and specific danger to public health or safety, or a 
        violation of law, rule, or regulation related to a Federal 
        contract (including the competition for or negotiation of a 
        contract) or grant.
            ``(2) Persons and bodies covered.--The persons and bodies 
        described in this paragraph are the persons and bodies as 
        follows:
                    ``(A) A Member of Congress or a representative of a 
                committee of Congress.
                    ``(B) An Inspector General.
                    ``(C) The Government Accountability Office.
                    ``(D) A Federal employee responsible for contract or 
                grant oversight or management at the relevant agency.
                    ``(E) An authorized official of the Department of 
                Justice or other law enforcement agency.
                    ``(F) A court or grand jury.
                    ``(G) A management official or other employee of the 
                contractor, subcontractor, or grantee who has the 
                responsibility to investigate, discover, or address 
                misconduct.
            ``(3) Rules of construction.--For the purposes of paragraph 
        (1)--
                    ``(A) an employee who initiates or provides evidence 
                of contractor, subcontractor, or grantee misconduct in 
                any judicial or administrative proceeding relating to 
                waste, fraud, or abuse on a Federal contract or grant 
                shall be deemed to have made a disclosure covered by 
                such paragraph; and
                    ``(B) a reprisal described in paragraph (1) is 
                prohibited even if it is undertaken at the request of an 
                executive branch official, unless the request takes the 
                form of a non-discretionary directive and is within the 
                authority of the executive branch official making the 
                request.

    ``(b) Investigation of Complaints.--

[[Page 126 STAT. 1838]]

            ``(1) Submission of complaint.--A person who believes that 
        the person has been subjected to a reprisal prohibited by 
        subsection (a) may submit a complaint to the Inspector General 
        of the executive agency 
        involved. <<NOTE: Determination. Reports.>> Unless the Inspector 
        General determines that the complaint is frivolous, fails to 
        allege a violation of the prohibition in subsection (a), or has 
        previously been addressed in another Federal or State judicial 
        or administrative proceeding initiated by the complainant, the 
        Inspector General shall investigate the complaint and, upon 
        completion of such investigation, submit a report of the 
        findings of the investigation to the person, the contractor or 
        grantee concerned, and the head of the agency.
            ``(2) Inspector general action.--
                    ``(A) Determination or submission of report on 
                findings.--Except as provided under subparagraph (B), 
                the Inspector General shall make a determination that a 
                complaint is frivolous, fails to allege a violation of 
                the prohibition in subsection (a), or has previously 
                been addressed in another Federal or State judicial or 
                administrative proceeding initiated by the complainant 
                or submit a report under paragraph (1) within 180 days 
                after receiving the complaint.
                    ``(B) Extension of time.--If the Inspector General 
                is unable to complete an investigation in time to submit 
                a report within the 180-day period specified in 
                subparagraph (A) and the person submitting the complaint 
                agrees to an extension of time, the Inspector General 
                shall submit a report under paragraph (1) within such 
                additional period of time, up to 180 days, as shall be 
                agreed upon between the Inspector General and the person 
                submitting the complaint.
            ``(3) Prohibition on disclosure.--The Inspector General may 
        not respond to any inquiry or disclose any information from or 
        about any person alleging the reprisal, except to the extent 
        that such response or disclosure is--
                    ``(A) made with the consent of the person alleging 
                the reprisal;
                    ``(B) made in accordance with the provisions of 
                section 552a of title 5 or as required by any other 
                applicable Federal law; or
                    ``(C) necessary to conduct an investigation of the 
                alleged reprisal.
            ``(4) Time limitation.--A complaint may not be brought under 
        this subsection more than three years after the date on which 
        the alleged reprisal took place.

    ``(c) Remedy and Enforcement Authority.--
            ``(1) <<NOTE: Deadline. Determination. Order.>> In 
        general.--Not later than 30 days after receiving an Inspector 
        General report pursuant to subsection (b), the head of the 
        executive agency concerned shall determine whether there is 
        sufficient basis to conclude that the contractor or grantee 
        concerned has subjected the complainant to a reprisal prohibited 
        by subsection (a) and shall either issue an order denying relief 
        or shall take one or more of the following actions:
                    ``(A) Order the contractor or grantee to take 
                affirmative action to abate the reprisal.
                    ``(B) Order the contractor or grantee to reinstate 
                the person to the position that the person held before 
                the

[[Page 126 STAT. 1839]]

                reprisal, together with compensatory damages (including 
                back pay), employment benefits, and other terms and 
                conditions of employment that would apply to the person 
                in that position if the reprisal had not been taken.
                    ``(C) Order the contractor or grantee to pay the 
                complainant an amount equal to the aggregate amount of 
                all costs and expenses (including attorneys' fees and 
                expert witnesses' fees) that were reasonably incurred by 
                the complainant for, or in connection with, bringing the 
                complaint regarding the reprisal, as determined by the 
                head of the executive agency.
            ``(2) <<NOTE: Deadlines.>> Exhaustion of remedies.--If the 
        head of an executive agency issues an order denying relief under 
        paragraph (1) or has not issued an order within 210 days after 
        the submission of a complaint under subsection (b), or in the 
        case of an extension of time under paragraph (b)(2)(B), not 
        later than 30 days after the expiration of the extension of 
        time, and there is no showing that such delay is due to the bad 
        faith of the complainant, the complainant shall be deemed to 
        have exhausted all administrative remedies with respect to the 
        complaint, and the complainant may bring a de novo action at law 
        or equity against the contractor or grantee to seek compensatory 
        damages and other relief available under this section in the 
        appropriate district court of the United States, which shall 
        have jurisdiction over such an action without regard to the 
        amount in controversy. Such an action shall, at the request of 
        either party to the action, be tried by the court with a jury. 
        An action under this paragraph may not be brought more than two 
        years after the date on which remedies are deemed to have been 
        exhausted.
            ``(3) Admissibility of evidence.--An Inspector General 
        determination and an agency head order denying relief under 
        paragraph (2) shall be admissible in evidence in any de novo 
        action at law or equity brought pursuant to this subsection.
            ``(4) Enforcement of orders.--Whenever a person fails to 
        comply with an order issued under paragraph (1), the head of the 
        executive agency concerned shall file an action for enforcement 
        of such order in the United States district court for a district 
        in which the reprisal was found to have occurred. In any action 
        brought under this paragraph, the court may grant appropriate 
        relief, including injunctive relief, compensatory and exemplary 
        damages, and attorney fees and costs. The person upon whose 
        behalf an order was issued may also file such an action or join 
        in an action filed by the head of the executive agency.
            ``(5) Judicial review.--Any person adversely affected or 
        aggrieved by an order issued under paragraph (1) may obtain 
        review of the order's conformance with this subsection, and any 
        regulations issued to carry out this section, in the United 
        States court of appeals for a circuit in which the reprisal is 
        alleged in the order to have occurred. <<NOTE: Time period.>> No 
        petition seeking such review may be filed more than 60 days 
        after issuance of the order by the head of the executive agency. 
        Review shall conform to chapter 7 of title 5. Filing such an 
        appeal shall not act to stay the enforcement of the order of the 
        head of an executive agency, unless a stay is specifically 
        entered by the court.

[[Page 126 STAT. 1840]]

            ``(6) Burdens of proof.--The legal burdens of proof 
        specified in section 1221(e) of title 5 shall be controlling for 
        the purposes of any investigation conducted by an Inspector 
        General, decision by the head of an executive agency, or 
        judicial or administrative proceeding to determine whether 
        discrimination prohibited under this section has occurred.
            ``(7) Rights and remedies not waivable.--The rights and 
        remedies provided for in this section may not be waived by any 
        agreement, policy, form, or condition of employment.

    ``(d) Notification of Employees.--The head of each executive agency 
shall ensure that contractors, subcontractors, and grantees of the 
agency inform their employees in writing of the rights and remedies 
provided under this section, in the predominant native language of the 
workforce.
    ``(e) Construction.--Nothing in this section may be construed to 
authorize the discharge of, demotion of, or discrimination against an 
employee for a disclosure other than a disclosure protected by 
subsection (a) or to modify or derogate from a right or remedy otherwise 
available to the employee.
    ``(f) Exceptions.--(1) This section shall not apply to any element 
of the intelligence community, as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)).
    ``(2) This section shall not apply to any disclosure made by an 
employee of a contractor, subcontractor, or grantee of an element of the 
intelligence community if such disclosure--
            ``(A) relates to an activity of an element of the 
        intelligence community; or
            ``(B) was discovered during contract, subcontract, or 
        grantee services provided to an element of the intelligence 
        community.

    ``(g) Definitions.--In this section:
            ``(1) The term `abuse of authority' means an arbitrary and 
        capricious exercise of authority that is inconsistent with the 
        mission of the executive agency concerned or the successful 
        performance of a contract or grant of such agency.
            ``(2) The term `Inspector General' means an Inspector 
        General appointed under the Inspector General Act of 1978 and 
        any Inspector General that receives funding from, or has 
        oversight over contracts or grants awarded for or on behalf of, 
        the executive agency concerned.

    ``(h) Construction.--Nothing in this section, or the amendments made 
by this section, shall be construed to provide any rights to disclose 
classified information not otherwise provided by law.
    ``(i) Duration of Section.--This section shall be in effect for the 
four-year period beginning on the date of the enactment of this 
section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 41 USC prec. 4701.>>  is 
        amended by adding at the end the following new item:

``4712. Pilot program for enhancement of contractor protection from 
           reprisal for disclosure of certain information.''.

    (b) <<NOTE: 41 USC 4712 note. Applicability.>> Effective Date.--
            (1) In general.--The amendments made by subsection (a) shall 
        take effect on the date that is 180 days after the date of the 
        enactment of this Act, and shall, during the period

[[Page 126 STAT. 1841]]

        section 4712 of title 41, United States Code, as added by such 
        subsection, is in effect, apply to--
                    (A) all contracts and grants awarded on or after 
                such date;
                    (B) all task orders entered on or after such date 
                pursuant to contracts awarded before, on, or after such 
                date; and
                    (C) all contracts awarded before such date that are 
                modified to include a contract clause providing for the 
                applicability of such amendments.
            (2) <<NOTE: Deadline.>> Revision of federal acquisition 
        regulation.--Not later than 180 days after the date of the 
        enactment of this Act, the Federal Acquisition Regulation shall 
        be revised to implement the requirements arising under the 
        amendments made by this section.
            (3) Inclusion of contract clause in contracts awarded before 
        effective date.-- <<NOTE: Time period.>> At the time of any 
        major modification to a contract that was awarded before the 
        date that is 180 days after the date of the enactment of this 
        Act, the head of the contracting agency shall make best efforts 
        to include in the contract a contract clause providing for the 
        applicability of the amendments made by this section to the 
        contract.

    (c) Suspension of Effectiveness of Section 4705 of Title 41, United 
States Code, While Pilot Program Is in Effect.--Section 4705 of title 
41, United States Code, is amended by adding at the end the following 
new subsection:
    ``(f) Four-year Suspension of Effectiveness While Pilot Program Is 
in Effect.--While section 4712 of this title is in effect, this section 
shall not be in effect.''.
    (d) Allowability of Legal Fees.--Section 4310 of title 41, United 
States Code, is amended--
            (1) in subsection (b), by striking ``commenced by the 
        Federal Government or a State'' and inserting ``commenced by the 
        Federal Government, by a State, or by a contractor or grantee 
        employee submitting a complaint under section 4712 of this 
        title''; and
            (2) in subsection (c)(3), by striking ``the imposition of a 
        monetary penalty'' and inserting ``the imposition of a monetary 
        penalty or an order to take corrective action under section 4712 
        of this title''.

    (e) Government Accountability Office Study and Report.--
            (1) Study.--Not later than three years after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall begin conducting a study to evaluate the 
        implementation of section 4712 of title 41, United States Code, 
        as added by subsection (a).
            (2) Report.--Not later than four years after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report on the results of the study required by 
        paragraph (1), with such findings and recommendations as the 
        Comptroller General considers appropriate.
SEC. 829. <<NOTE: 10 USC 2302 note.>>  EXTENSION OF CONTRACTOR 
                        CONFLICT OF INTEREST LIMITATIONS.

    (a) Assessment of Extension of Limitations to Certain Additional 
Functions and Contracts.--Not later than <<NOTE: Deadline. Review.>> 180 
days

[[Page 126 STAT. 1842]]

after the date of the enactment of this Act, the Secretary of Defense 
shall review the guidance on personal conflicts of interest for 
contractor employees issued pursuant to section 841(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4537) in order to determine whether it would be 
in the best interest of the Department of Defense and the taxpayers to 
extend such guidance to personal conflicts of interest by contractor 
personnel performing any of the following:
            (1) Functions other than acquisition functions that are 
        closely associated with inherently governmental functions (as 
        that term is defined in section 2383(b)(3) of title 10, United 
        States Code).
            (2) Personal services contracts (as that term is defined in 
        section 2330a(g)(5) of title 10, United States Code).
            (3) Contracts for staff augmentation services (as that term 
        is defined in section 808(d)(3) of the National Defense 
        Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 
        Stat. 1490)).

    (b) <<NOTE: Determination.>> Extension of Limitations.--If the 
Secretary determines pursuant to the review under subsection (a) that 
the guidance on personal conflicts of interest should be extended, the 
Secretary shall revise the Defense Supplement to the Federal Acquisition 
Regulation to the extent necessary to achieve such extension.

    (c) <<NOTE: Deadline. Documentation.>> Results of Review.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
shall document in writing the results of the review conducted under 
subsection (a), including, at a minimum--
            (1) the findings and recommendations of the review; and
            (2) the basis for such findings and recommendations.
SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND 
                        DELIVERY ORDER CONTRACTS.

    Section 2304c(e) of title 10, United States Code, is amended by 
striking paragraph (3).
SEC. 831. <<NOTE: 10 USC 2306a note. Deadlines.>>  GUIDANCE AND 
                        TRAINING RELATED TO EVALUATING 
                        REASONABLENESS OF PRICE.

    (a) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall issue guidance on the use of the 
authority provided by sections 2306a(d) and 2379 of title 10, United 
States Code. The guidance shall--
            (1) include standards for determining whether information on 
        the prices at which the same or similar items have previously 
        been sold is adequate for evaluating the reasonableness of 
        price;
            (2) include standards for determining the extent of 
        uncertified cost information that should be required in cases in 
        which price information is not adequate for evaluating the 
        reasonableness of price;
            (3) ensure that in cases in which such uncertified cost 
        information is required, the information shall be provided in 
        the form in which it is regularly maintained by the offeror in 
        its business operations; and
            (4) provide that no additional cost information may be 
        required by the Department of Defense in any case in which there 
        are sufficient non-Government sales to establish reasonableness 
        of price.

[[Page 126 STAT. 1843]]

    (b) <<NOTE: Plans.>> Training and Expertise.--Not later than 270 
days after the date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall develop and 
begin implementation of a plan of action to--
            (1) train the acquisition workforce on the use of the 
        authority provided by sections 2306a(d) and 2379 of title 10, 
        United States Code, in evaluating reasonableness of price in 
        procurements of commercial items; and
            (2) develop a cadre of experts within the Department of 
        Defense to provide expert advice to the acquisition workforce in 
        the use of the authority provided by such sections in accordance 
        with the guidance issued pursuant to subsection (a).

    (c) Documentation Requirements.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall ensure that requests for 
uncertified cost information for the purposes of evaluating 
reasonableness of price are sufficiently documented. The Under Secretary 
shall require that the contract file include, at a minimum, the 
following:
            (1) A justification of the need for additional cost 
        information.
            (2) A copy of any request from the Department of Defense to 
        a contractor for additional cost information.
            (3) Any response received from the contractor to the 
        request, including any rationale or justification provided by 
        the contractor for a failure to provide the requested 
        information.

    (d) Comptroller General Review and Report.--
            (1) <<NOTE: Time periods.>> Review requirement.--The 
        Comptroller General of the United States shall conduct a review 
        of data collected pursuant to sections 2306a(d) and 2379 of 
        title 10, United States Code, during the two-year period 
        beginning on the date of the enactment of this Act.
            (2) Report requirement.--Not later than 180 days after the 
        end of the two-year period referred to in paragraph (1), the 
        Comptroller General shall submit to the congressional defense 
        committees a report on--
                    (A) the extent to which the Department of Defense 
                needed access to additional cost information pursuant to 
                sections 2306a(d) and 2379 of title 10, United States 
                Code, during such two-year period in order to determine 
                price reasonableness;
                    (B) the extent to which acquisition officials of the 
                Department of Defense complied with the guidance issued 
                pursuant to subsection (a) during such two-year period;
                    (C) the extent to which the Department of Defense 
                needed access to additional cost information during such 
                two-year period to determine reasonableness of price, 
                but was not provided such information by the contractor 
                on request; and
                    (D) recommendations for improving evaluations of 
                reasonableness of price by Department of Defense 
                acquisition professionals, including recommendations for 
                any amendments to law, regulations, or guidance.

[[Page 126 STAT. 1844]]

SEC. 832. <<NOTE: 10 USC 2313 note.>> DEPARTMENT OF DEFENSE ACCESS 
                        TO, USE OF, AND SAFEGUARDS AND PROTECTIONS 
                        FOR CONTRACTOR INTERNAL AUDIT REPORTS.

    (a) Revised Guidance Required.--Not later than 180 days after the 
date of the enactment of this Act, the Director of the Defense Contract 
Audit Agency shall revise guidance on access to defense contractor 
internal audit reports (including the Contract Audit Manual) to 
incorporate the requirements of this section.
    (b) Documentation Requirements.--The revised guidance shall ensure 
that requests for access to defense contractor internal audit reports 
are appropriately documented. The required documentation shall include, 
at a minimum, the following:
            (1) Written determination that access to such reports is 
        necessary to complete required evaluations of contractor 
        business systems.
            (2) A copy of any request from the Defense Contract Audit 
        Agency to a contractor for access to such reports.
            (3) A record of response received from the contractor, 
        including the contractor's rationale or justification if access 
        to requested reports was not granted.

    (b) Safeguards and Protections.--The revised guidance shall include 
appropriate safeguards and protections to ensure that contractor 
internal audit reports cannot be used by the Defense Contract Audit 
Agency for any purpose other than evaluating and testing the efficacy of 
contractor internal controls and the reliability of associated 
contractor business systems.
    (c) <<NOTE: Determination.>> Risk-based Auditing.--A determination 
by the Defense Contract Audit Agency that a contractor has a sound 
system of internal controls shall provide the basis for increased 
reliance on contractor business systems or a reduced level of testing 
with regard to specific audits, as appropriate. Internal audit reports 
provided by a contractor pursuant to this section may be considered in 
determining whether or not a contractor has a sound system of internal 
controls, but shall not be the sole basis for such a determination.

    (d) Comptroller General Review.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall initiate a review of the documentation required by 
subsection (a). Not later than 90 days after completion of the review, 
the Comptroller General shall submit to the congressional defense 
committees a report on the results of the review, with findings and 
recommendations for improving the audit processes of the Defense 
Contract Audit Agency.
SEC. 833. <<NOTE: 10 USC 2302 note.>> CONTRACTOR RESPONSIBILITIES 
                        IN REGULATIONS RELATING TO DETECTION AND 
                        AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.

    Section 818(c)(2)(B) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 10 U.S.C. 2302 
note) is amended to read as follows:
                    ``(B) the cost of counterfeit electronic parts and 
                suspect counterfeit electronic parts and the cost of 
                rework or corrective action that may be required to 
                remedy the use or inclusion of such parts are not 
                allowable costs under Department contracts, unless--

[[Page 126 STAT. 1845]]

                          ``(i) the covered contractor has an 
                      operational system to detect and avoid counterfeit 
                      parts and suspect counterfeit electronic parts 
                      that has been reviewed and approved by the 
                      Department of Defense pursuant to subsection 
                      (e)(2)(B);
                          ``(ii) the counterfeit electronic parts or 
                      suspect counterfeit electronic parts were provided 
                      to the contractor as Government property in 
                      accordance with part 45 of the Federal Acquisition 
                      Regulation; and
                          ``(iii) the covered contractor provides timely 
                      notice to the Government pursuant to paragraph 
                      (4).''.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                               Operations

SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE PRODUCTS 
                        AND SERVICES PRODUCED IN COUNTRIES ALONG A 
                        MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.

    (a) Extension of Termination Date.--Subsection (f) of section 801 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2399) is amended by striking ``on or after the date 
occurring three years after the date of the enactment of this Act'' and 
inserting ``after December 31, 2014''.
    (b) Expansion of Authority To Cover Forces of the United States and 
Coalition Forces.--Subsection (b)(1) of such section is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(D) by the United States or coalition forces in 
                Afghanistan if the product or service is from a country 
                that has agreed to allow the transport of coalition 
                personnel, equipment, and supplies;''.

    (c) Repeal of Expired Report Requirement.--Subsection (g) of such 
section is repealed.
    (d) Clerical Amendment.--The heading of such section is amended by 
striking ``; report''.
SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES 
                        PRODUCED IN AFGHANISTAN.

    Section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note) is 
amended--
            (1) in the section heading, by striking ``iraq or'';
            (2) by striking ``Iraq or'' each place it appears; and
            (3) in the subsection heading of subsection (c), by striking 
        ``Iraq or''.
SEC. 843. <<NOTE: 10 USC 2302 note.>> RESPONSIBILITY WITHIN 
                        DEPARTMENT OF DEFENSE FOR OPERATIONAL 
                        CONTRACT SUPPORT.

    (a) <<NOTE: Deadline.>>  Guidance Required.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Defense 
shall develop and issue guidance establishing the chain of authority

[[Page 126 STAT. 1846]]

and responsibility within the Department of Defense for policy, 
planning, and execution of operational contract support.

    (b) Elements.--The guidance under subsection (a) shall, at a 
minimum--
            (1) specify the officials, offices, and components of the 
        Department within the chain of authority and responsibility 
        described in subsection (a);
            (2) identify for each official, office, and component 
        specified under paragraph (1)--
                    (A) requirements for policy, planning, and execution 
                of contract support for operational contract support, 
                including, at a minimum, requirements in connection 
                with--
                          (i) coordination of functions, authorities, 
                      and responsibilities related to operational 
                      contract support, including coordination with 
                      relevant Federal agencies;
                          (ii) assessments of total force data in 
                      support of Department force planning scenarios, 
                      including the appropriateness of and necessity for 
                      the use of contractors for identified functions;
                          (iii) determinations of capability 
                      requirements for nonacquisition community 
                      operational contract support, and identification 
                      of resources required for planning, training, and 
                      execution to meet such requirements; and
                          (iv) determinations of policy regarding the 
                      use of contractors by function, and identification 
                      of the training exercises that will be required 
                      for operational contract support (including an 
                      assessment whether or not such exercises will 
                      include contractors); and
                    (B) roles, authorities, responsibilities, and lines 
                of supervision for the achievement of the requirements 
                identified under subparagraph (A); and
            (3) ensure that the chain of authority and responsibility 
        described in subsection (a) is appropriately aligned with, and 
        appropriately integrated into, the structure of the Department 
        for the conduct of overseas contingency operations, including 
        the military departments, the Joint Staff, and the commanders of 
        the unified combatant commands.
SEC. 844. <<NOTE: 10 USC 2302 note.>> DATA COLLECTION ON CONTRACT 
                        SUPPORT FOR FUTURE OVERSEAS CONTINGENCY 
                        OPERATIONS INVOLVING COMBAT OPERATIONS.

    (a) <<NOTE: Deadline. Guidance.>> In General.--Not later than one 
year after the date of the enactment of this Act, the Secretary of 
Defense, the Secretary of State, and the Administrator of the United 
States Agency for International Development shall each issue guidance 
regarding data collection on contract support for future contingency 
operations outside the United States that involve combat operations.

    (b) Elements.--The guidance required by subsection (a) shall ensure 
that the Department of Defense, the Department of State, and the United 
States Agency for International Development take the steps necessary to 
ensure that each agency has the capability to collect and report, at a 
minimum, the following data regarding such contract support:
            (1) The total number of contracts entered into as of the 
        date of any report.

[[Page 126 STAT. 1847]]

            (2) The total number of such contracts that are active as of 
        such date.
            (3) The total value of contracts entered into as of such 
        date.
            (4) The total value of such contracts that are active as of 
        such date.
            (5) An identification of the extent to which the contracts 
        entered into as of such date were entered into using competitive 
        procedures.
            (6) The total number of contractor personnel working under 
        contracts entered into as of the end of each calendar quarter 
        during the one-year period ending on such date.
            (7) The total number of contractor personnel performing 
        security functions under contracts entered into as of the end of 
        each calendar quarter during the one-year period ending on such 
        date.
            (8) The total number of contractor personnel killed or 
        wounded under any contracts entered into.

    (c) Comptroller General Review and Report.--
            (1) Review.--The Comptroller General of the United States 
        shall review the data system or systems established to track 
        contractor data pursuant to subsections (a) and (b). The review 
        shall, with respect to each such data system, at a minimum--
                    (A) identify each such data system and assess the 
                resources needed to sustain such system;
                    (B) determine if all such data systems are 
                interoperable, use compatible data standards, and meet 
                the requirements of section 2222 of title 10, United 
                States Code; and
                    (C) make recommendations on the steps that the 
                Department of Defense, the Department of State, and the 
                United States Agency for International Development 
                should take to ensure that all such data systems--
                          (i) meet the requirements of the guidance 
                      issued pursuant to subsections (a) and (b);
                          (ii) are interoperable, use compatible data 
                      standards, and meet the requirements of section 
                      2222 of such title; and
                          (iii) are supported by appropriate business 
                      processes and rules to ensure the timeliness and 
                      reliability of data.
            (2) Report.--Not later than two years after the date of the 
        enactment of this Act, the Comptroller General shall submit a 
        report on the review required by paragraph (1) to the following 
        committees:
                    (A) The congressional defense committees.
                    (B) The Committee on Foreign Relations and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
                    (C) The Committee on Foreign Affairs and the 
                Committee on Oversight and Government Reform of the 
                House of Representatives.

[[Page 126 STAT. 1848]]

SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CERTAIN 
                        REQUIREMENTS FOR DEPARTMENT OF DEFENSE 
                        PLANNING, JOINT PROFESSIONAL MILITARY 
                        EDUCATION, AND MANAGEMENT STRUCTURE.

    (a) Readiness Reporting System.--Section 117(c) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(8) Measure, on an annual basis, the capability of 
        operational contract support to support current and anticipated 
        wartime missions of the armed forces.''.

    (b) Operational Contract Support Planning and Preparedness Functions 
of CJCS.--Section 153(a)(3) of such title is amended by adding at the 
end the following new subparagraph:
            ``(F) In coordination with the Under Secretary of Defense 
        for Acquisition, Technology, and Logistics, the Secretaries of 
        the military departments, the heads of the Defense Agencies, and 
        the commanders of the combatant commands, determining the 
        operational contract support requirements of the armed forces 
        and recommending the resources required to improve and enhance 
        operational contract support for the armed forces and planning 
        for such operational contract support.''.

    (c) Operational Contract Support as Matter Within Course of Joint 
Professional Military Education.--Section 2151(a) of such title is 
amended by adding at the end the following new paragraph:
            ``(6) Operational contract support.''.

    (d) Management Structure.--Section 2330(c)(2) of such title is 
amended by striking ``other than services'' and all that follows and 
inserting ``including services in support of contingency operations. The 
term does not include services relating to research and development or 
military construction.''.
SEC. 846. <<NOTE: 10 USC 2302 note.>>  REQUIREMENTS FOR RISK 
                        ASSESSMENTS RELATED TO CONTRACTOR 
                        PERFORMANCE.

    (a) Risk Assessments for Contractor Performance in Operational or 
Contingency Plans.--The Secretary of Defense shall require that a risk 
assessment on reliance on contractors be included in operational or 
contingency plans developed by a commander of a combatant command in 
executing the responsibilities prescribed in section 164 of title 10, 
United States Code. Such risk assessments shall address, at a minimum, 
the potential risks listed in subsection (c).
    (b) Comprehensive Risk Assessments and Mitigation Plans for 
Contractor Performance in Support of Overseas Contingency Operations.--
            (1) <<NOTE: Deadline.>> In general.--Subject to paragraphs 
        (2) and (3), not later than six months after the commencement or 
        designation of a contingency operation outside the United States 
        that includes or is expected to include combat operations, the 
        head of each covered agency shall perform a comprehensive risk 
        assessment and develop a risk mitigation plan for operational 
        and political risks associated with contractor performance of 
        critical functions in support of the operation for such covered 
        agency.
            (2) Exceptions.--Except as provided in paragraph (3), a risk 
        assessment and risk mitigation plan shall not be required under 
        paragraph (1) for an overseas contingency operation if--

[[Page 126 STAT. 1849]]

                    (A) the operation is not expected to continue for 
                more than one year; and
                    (B) the total amount of obligations for contracts 
                for support of the operation for the covered agency is 
                not expected to exceed $250,000,000.
            (3) <<NOTE: Deadline.>> Termination of exceptions.--
        Notwithstanding paragraph (2), the head of a covered agency 
        shall perform a risk assessment and develop a risk mitigation 
        plan under paragraph (1) for an overseas contingency operation 
        with regard to which a risk assessment and risk mitigation plan 
        has not previously been performed under paragraph (1) not later 
        than 60 days after the date on which--
                    (A) the operation has continued for more than one 
                year; or
                    (B) the total amount of obligations for contracts 
                for support of the operation for the covered agency 
                exceeds $250,000,000.

    (c) Comprehensive Risk Assessments.--A comprehensive risk assessment 
under subsection (b) shall consider, at a minimum, risks relating to the 
following:
            (1) The goals and objectives of the operation (such as risks 
        from contractor behavior or performance that may injure innocent 
        members of the local population or offend their sensibilities).
            (2) The continuity of the operation (such as risks from 
        contractors refusing to perform or being unable to perform when 
        there may be no timely replacements available).
            (3) The safety of military and civilian personnel of the 
        United States if the presence or performance of contractor 
        personnel creates unsafe conditions or invites attack.
            (4) The safety of contractor personnel employed by the 
        covered agency.
            (5) The managerial control of the Government over the 
        operation (such as risks from over-reliance on contractors to 
        monitor other contractors or inadequate means for Government 
        personnel to monitor contractor performance).
            (6) The critical organic or core capabilities of the 
        Government, including critical knowledge or institutional memory 
        of key operations areas and subject-matter expertise.
            (7) The ability of the Government to control costs, avoid 
        organizational or personal conflicts of interest, and minimize 
        waste, fraud, and abuse.

    (d) Risk Mitigation Plans.--A risk mitigation plan under subsection 
(b) shall include, at a minimum, the following:
            (1) For each high-risk area identified in the comprehensive 
        risk assessment for the operation performed under subsection 
        (b)--
                    (A) specific actions to mitigate or reduce such 
                risk, including the development of alternative 
                capabilities to reduce reliance on contractor 
                performance of critical functions;
                    (B) measurable milestones for the implementation of 
                planned risk mitigation or risk reduction measures; and
                    (C) a process for monitoring, measuring, and 
                documenting progress in mitigating or reducing risk.
            (2) A continuing process for identifying and addressing new 
        and changed risks arising in the course of the operation,

[[Page 126 STAT. 1850]]

        including the periodic reassessment of risks and the development 
        of appropriate risk mitigation or reduction plans for any new or 
        changed high-risk area identified.

    (e) Critical Functions.--For purposes of this section, critical 
functions include, at a minimum, the following:
            (1) Private security functions, as that term is defined in 
        section 864(a)(6) of the National Defense Authorization Act for 
        Fiscal Year 2008 (10 U.S.C. 2302 note).
            (2) Training and advising Government personnel, including 
        military and security personnel, of a host nation.
            (3) Conducting intelligence or information operations.
            (4) Any other functions that are closely associated with 
        inherently governmental functions, including the functions set 
        forth in section 7.503(d) of the Federal Acquisition Regulation.
            (5) Any other functions that are deemed critical to the 
        success of the operation.

    (f) <<NOTE: Definition.>> Covered Agency.--In this section, the term 
``covered agency'' means the Department of Defense, the Department of 
State, and the United States Agency for International Development.
SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON CONTRACTING IN 
                        IRAQ AND AFGHANISTAN.

    (a) Two-Year Extension of Requirement for Joint Report.--Subsection 
(a)(5) of section 863 of the National Defense Authorization Act for 
Fiscal Year 2008 (10 U.S.C. 2302 note) is amended by striking ``February 
1, 2013'' and inserting ``February 1, 2015''.
    (b) Repeal of Comptroller General Review.--Such section is further 
amended by striking subsection (b).
    (c) Conforming Amendments.--
            (1) In general.--Such section is further amended--
                    (A) by striking ``Joint Report Required.--'' and all 
                that follows through ``paragraph (6)'' and inserting 
                ``In General.--Except as provided in subsection (f)'';
                    (B) by striking ``this subsection'' each place it 
                appears and inserting ``this section'';
                    (C) by redesignating paragraphs (2) through (7) as 
                subsections (b) through (g), respectively, and by moving 
                the left margins of such subsections (including the 
                subparagraphs in such subsections), as so redesignated, 
                two ems to the left;
                    (D) in subsection (b), as redesignated by 
                subparagraph (C) of this paragraph--
                          (i) by capitalizing the second and third words 
                      of the heading; and
                          (ii) by redesignating subparagraphs (A) 
                      through (I) as paragraphs (1) through (9), 
                      respectively;
                    (E) in subsection (c), as redesignated by 
                subparagraph (C) of this paragraph--
                          (i) by capitalizing the second and third words 
                      of the heading;
                          (ii) by redesignating subparagraphs (A) 
                      through (C) as paragraphs (1) through (3), 
                      respectively; and
                          (iii) by striking ``paragraph (2)'' each place 
                      it appears and inserting ``subsection (b)'';

[[Page 126 STAT. 1851]]

                    (F) in subsection (d), as redesignated by 
                subparagraph (C) of this paragraph, by capitalizing the 
                second word of the heading;
                    (G) in subsection (e), as redesignated by 
                subparagraph (C) of this paragraph, by capitalizing the 
                third word of the heading;
                    (H) in subsection (f), as redesignated by 
                subparagraph (C) of this paragraph, by striking ``this 
                paragraph'' and inserting ``this subsection''; and
                    (I) in subsection (g), as redesignated by 
                subparagraph (C) of this paragraph, by striking 
                ``paragraph (2)(F)'' and inserting ``subsection 
                (b)(6)''.
            (2) Heading amendment.--The heading of such section is 
        amended by striking ``and comptroller general review''.
SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS 
                        CONTINGENCY OPERATIONS.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by redesignating section 8L as section 8M; and
            (2) by inserting after section 8J the following new section 
        8L:
``SEC. 8L. <<NOTE: 5 USC app. 8L.>> SPECIAL PROVISIONS CONCERNING 
                      OVERSEAS CONTINGENCY OPERATIONS.

    ``(a) <<NOTE: Time period.>> Additional Responsibilities of Chair of 
Council of Inspectors General on Integrity and Efficiency.--Upon the 
commencement or designation of a military operation as an overseas 
contingency operation that exceeds 60 days, the Chair of the Council of 
Inspectors General on Integrity and Efficiency (CIGIE) shall, in 
consultation with the members of the Council, have the additional 
responsibilities specified in subsection (b) with respect to the 
Inspectors General specified in subsection (c).

    ``(b) Specific Responsibilities.--The responsibilities specified in 
this subsection are the following:
            ``(1) In consultation with the Inspectors General specified 
        in subsection (c), to designate a lead Inspector General in 
        accordance with subsection (d) to discharge the authorities of 
        the lead Inspector General for the overseas contingency 
        operation concerned as set forth in subsection (d).
            ``(2) To resolve conflicts of jurisdiction among the 
        Inspectors General specified in subsection (c) on 
        investigations, inspections, and audits with respect to such 
        contingency operation in accordance with subsection (d)(2)(B).
            ``(3) To assist in identifying for the lead inspector 
        general for such contingency operation, Inspectors General and 
        inspector general office personnel available to assist the lead 
        Inspector General and the other Inspectors General specified in 
        subsection (c) on matters relating to such contingency 
        operation.

    ``(c) Inspectors General.--The Inspectors General specified in this 
subsection are the Inspectors General as follows:
            ``(1) The Inspector General of the Department of Defense.
            ``(2) The Inspector General of the Department of State.
            ``(3) The Inspector General of the United States Agency for 
        International Development.

    ``(d) Lead Inspector General for Overseas Contingency Operation.-- 
<<NOTE: Designation. Deadline. Time period.>> (1) A lead Inspector 
General for an overseas contingency operation shall be designated by the 
Chair of the Council

[[Page 126 STAT. 1852]]

of Inspectors General on Integrity and Efficiency under subsection 
(b)(1) not later than 30 days after the commencement or designation of 
the military operation concerned as an overseas contingency operation 
that exceeds 60 days. The lead Inspector General for a contingency 
operation shall be designated from among the Inspectors General 
specified in subsection (c).

    ``(2) The lead Inspector General for an overseas contingency 
operation shall have the following responsibilities:
            ``(A) To appoint, from among the offices of the other 
        Inspectors General specified in subsection (c), an Inspector 
        General to act as associate Inspector General for the 
        contingency operation who shall act in a coordinating role to 
        assist the lead Inspector General in the discharge of 
        responsibilities under this subsection.
            ``(B) To develop and carry out, in coordination with the 
        offices of the other Inspectors General specified in subsection 
        (c), a joint strategic plan to conduct comprehensive oversight 
        over all aspects of the contingency operation and to ensure 
        through either joint or individual audits, inspections, and 
        investigations, independent and effective oversight of all 
        programs and operations of the Federal Government in support of 
        the contingency operation.
            ``(C) To review and ascertain the accuracy of information 
        provided by Federal agencies relating to obligations and 
        expenditures, costs of programs and projects, accountability of 
        funds, and the award and execution of major contracts, grants, 
        and agreements in support of the contingency operation.
            ``(D)(i) If none of the Inspectors General specified in 
        subsection (c) has principal jurisdiction over a matter with 
        respect to the contingency operation, to exercise responsibility 
        for discharging oversight responsibilities in accordance with 
        this Act with respect to such matter.
            ``(ii) If more than one of the Inspectors General specified 
        in subsection (c) has jurisdiction over a matter with respect to 
        the contingency operation, to determine principal jurisdiction 
        for discharging oversight responsibilities in accordance with 
        this Act with respect to such matter.
            ``(E) To employ, or authorize the employment by the other 
        Inspectors General specified in subsection (c), on a temporary 
        basis using the authorities in section 3161 of title 5, United 
        States Code, such auditors, investigators, and other personnel 
        as the lead Inspector General considers appropriate to assist 
        the lead Inspector General and such other Inspectors General on 
        matters relating to the contingency operation.
            ``(F) <<NOTE: Deadline. Web posting. Public 
        information. Reports.>> To submit to Congress on a bi-annual 
        basis, and to make available on an Internet website available to 
        the public, a report on the activities of the lead Inspector 
        General and the other Inspectors General specified in subsection 
        (c) with respect to the contingency operation, including--
                    ``(i) the status and results of investigations, 
                inspections, and audits and of referrals to the 
                Department of Justice; and
                    ``(ii) overall plans for the review of the 
                contingency operation by inspectors general, including 
                plans for investigations, inspections, and audits.

[[Page 126 STAT. 1853]]

            ``(G) <<NOTE: Deadline. Web posting. Public 
        information. Reports.>> To submit to Congress on a quarterly 
        basis, and to make available on an Internet website available to 
        the public, a report on the contingency operation.
            ``(H) To carry out such other responsibilities relating to 
        the coordination and efficient and effective discharge by the 
        Inspectors General specified in subsection (c) of duties 
        relating to the contingency operation as the lead Inspector 
        General shall specify.

    ``(3)(A) The lead Inspector General for an overseas contingency 
operation may employ, or authorize the employment by the other 
Inspectors General specified in subsection (c) of, annuitants covered by 
section 9902(g) of title 5, United States Code, for purposes of 
assisting the lead Inspector General in discharging responsibilities 
under this subsection with respect to the contingency operation.
    ``(B) The employment of annuitants under this paragraph shall be 
subject to the provisions of section 9902(g) of title 5, United States 
Code, as if the lead Inspector General concerned was the Department of 
Defense.
    ``(C) The period of employment of an annuitant under this paragraph 
may not exceed three years, except that the period may be extended for 
up to an additional two years in accordance with the regulations 
prescribed pursuant to section 3161(b)(2) of title 5, United States 
Code.
    ``(4) The lead Inspector General for an overseas contingency 
operation shall discharge the responsibilities for the contingency 
operation under this subsection in a manner consistent with the 
authorities and requirements of this Act generally and the authorities 
and requirements applicable to the Inspectors General specified in 
subsection (c) under this Act.
    ``(e) Sunset for Particular Contingency Operations.--The 
requirements and authorities of this section with respect to an overseas 
contingency operation shall cease at the end of the first fiscal year 
after the commencement or designation of the contingency operation in 
which the total amount appropriated for the contingency operation is 
less than $100,000,000.
    ``(f) Construction of Authority.--Nothing in this section shall be 
construed to limit the ability of the Inspectors General specified in 
subsection (c) to enter into agreements to conduct joint audits, 
inspections, or investigations in the exercise of their oversight 
responsibilities in accordance with this Act with respect to overseas 
contingency operations.''.
SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES FOR 
                        OVERSEAS CONTINGENCY OPERATIONS IN 
                        RESPONSIBILITIES OF CHIEF ACQUISITION 
                        OFFICERS OF FEDERAL AGENCIES.

    (a) In General.--Subsection (b)(3) of section 1702 of title 41, 
United States Code, is amended--
            (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph (F):
            ``(F) advising the executive agency on the applicability of 
        relevant policy on the contracts of the agency for overseas 
        contingency operations and ensuring the compliance of the 
        contracts and contracting activities of the agency with such 
        policy;''.

[[Page 126 STAT. 1854]]

    (b) Definition.--Such section is further amended by adding at the 
end the following new subsection:
    ``(d) Overseas Contingency Operations Defined.--In this section, the 
term `overseas contingency operations' means military operations outside 
the United States and its territories and possessions that are a 
contingency operation (as that term is defined in section 101(a)(13) of 
title 10).''.
SEC. 850. <<NOTE: 22 USC 2151 note.>> REPORTS ON RESPONSIBILITY 
                        WITHIN DEPARTMENT OF STATE AND THE UNITED 
                        STATES AGENCY FOR INTERNATIONAL 
                        DEVELOPMENT FOR CONTRACT SUPPORT FOR 
                        OVERSEAS CONTINGENCY OPERATIONS.

    (a) <<NOTE: Consultation. Assessment.>> DoS and USAID Reports 
Required.--Not later than six months after the date of the enactment of 
this Act, the Secretary of State and the Administrator of the United 
States Agency for International Development shall, in consultation with 
the Chief Acquisition Officer of the Department of State and the Chief 
Acquisition Officer of the United States Agency for International 
Development, respectively, each submit to the appropriate committees of 
Congress an assessment of Department of State and United States Agency 
for International Development policies governing contract support in 
overseas contingency operations.

    (b) Elements.--Each report under subsection (a) shall include the 
following:
            (1) A description and assessment of the roles and 
        responsibilities of the officials, offices, and components of 
        the Department of State or the United States Agency for 
        International Development, as applicable, within the chain of 
        authority and responsibility for policy, planning, and execution 
        of contract support for overseas contingency operations.
            (2) Procedures and processes of the Department or Agency, as 
        applicable, on the following in connection with contract support 
        for overseas contingency operations:
                    (A) Collection, inventory, and reporting of data.
                    (B) Acquisition planning.
                    (C) Solicitation and award of contracts.
                    (D) Requirements development and management.
                    (E) Contract tracking and oversight.
                    (F) Performance evaluations.
                    (G) Risk management.
                    (H) Interagency coordination and transition 
                planning.
            (3) Strategies and improvements necessary for the Department 
        or the Agency, as applicable, to address reliance on 
        contractors, workforce planning, and the recruitment and 
        training of acquisition workforce personnel, including the 
        anticipated number of personnel needed to perform acquisition 
        management and oversight functions and plans for achieving 
        personnel staffing goals, in connection with overseas 
        contingency operations.

    (c) Comptroller General Report.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress a report 
on the progress of the efforts of the Department of State and the United 
States Agency for International Development in implementing improvements 
and changes identified under paragraphs (1) through (3) of subsection 
(b) in the reports required by subsection (a), together with such 
additional information as

[[Page 126 STAT. 1855]]

the Comptroller General considers appropriate to further inform such 
committees on issues relating to the reports required by subsection (a).
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Homeland Security and 
        Governmental Affairs, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on Armed 
        Services, the Committee on Oversight and Government Reform, and 
        the Committee on Appropriations of the House of Representatives.
SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES UNDER 
                        FEDERAL CONTRACTS.

    (a) Database Required.--
            (1) In general.--Chapter 33 of title 41, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 3312. <<NOTE: 41 USC 3312 note.>> Database on price trends 
                  of items and services under Federal contracts

    ``(a) Database Required.--The Administrator shall establish and 
maintain a database of information on price trends for items and 
services under contracts with the Federal Government. The information in 
the database shall be designed to assist Federal acquisition officials 
in the following:
            ``(1) Monitoring developments in price trends for items and 
        services under contracts with the Federal Government.
            ``(2) Conducting price or cost analyses for items and 
        services under offers for contracts with the Federal Government, 
        or otherwise conducting determinations of the reasonableness of 
        prices for items and services under such offers, and addressing 
        unjustified escalation in prices being paid by the Federal 
        Government for items and services under contracts with the 
        Federal Government.

    ``(b) Use.--(1) The database under subsection (a) shall be available 
to executive agencies in the evaluation of offers for contracts with the 
Federal Government for items and services.
    ``(2) The Secretary of Defense may satisfy the requirements of this 
section by complying with the requirements of section 892 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (10 
U.S.C. 2306a note).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 33 of such title <<NOTE: 41 USC prec. 
        3301.>> is amended by adding at the end the following new item:

``3312. Database on price trends of items and services under Federal 
           contracts.''.

    (b) <<NOTE: 41 USC 3312 note.>> Use of Elements of Department of 
Defense Pilot Project.--In establishing the database required by section 
3312 of title 41, United States Code (as added by subsection (a)), the 
Administrator for Federal Procurement Policy shall use and incorporate 
appropriate elements of the pilot project on pricing being carried out 
by the Under Secretary of Defense for Acquisition, Technology, and 
Logistics pursuant to section 892 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (10 U.S.C.

[[Page 126 STAT. 1856]]

2306a note) and the Better Buying Power initiative of the Secretary of 
Defense.
SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND 
                        INTEGRITY THROUGH THE FEDERAL AWARDEE 
                        PERFORMANCE AND INTEGRITY INFORMATION 
                        SYSTEM.

    Subsection (d) of section 2313 of title 41, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(3) Information on corporations.--The information in the 
        database on a person that is a corporation shall, to the extent 
        practicable, include information on any parent, subsidiary, or 
        successor entities to the corporation in a manner designed to 
        give the acquisition officials using the database a 
        comprehensive understanding of the performance and integrity of 
        the corporation in carrying out Federal contracts and grants.''.
SEC. 853. <<NOTE: 41 USC 1126 note.>> INCLUSION OF DATA ON 
                        CONTRACTOR PERFORMANCE IN PAST PERFORMANCE 
                        DATABASES FOR EXECUTIVE AGENCY SOURCE 
                        SELECTION DECISIONS.

    (a) Strategy Required.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 180 days 
        after the date of the enactment of this Act, the Federal 
        Acquisition Regulatory Council shall develop a strategy for 
        ensuring that timely, accurate, and complete information on 
        contractor performance is included in past performance databases 
        used by executive agencies for making source selection 
        decisions.
            (2) Consultation with usdatl.--In developing the strategy 
        required by this subsection, the Federal Acquisition Regulatory 
        Council shall consult with the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics to ensure that the 
        strategy is, to the extent practicable, consistent with the 
        strategy developed by the Under Secretary pursuant to section 
        806 of the National Defense Authorization Act for Fiscal Year 
        2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302 note).

    (b) Elements.--The strategy required by subsection (a) shall, at a 
minimum--
            (1) establish standards for the timeliness and completeness 
        of past performance submissions for purposes of databases 
        described in subsection (a);
            (2) assign responsibility and management accountability for 
        the completeness of past performance submissions for such 
        purposes; and
            (3) ensure that past performance submissions for such 
        purposes are consistent with award fee evaluations in cases 
        where such evaluations have been conducted.

    (c) <<NOTE: Deadlines.>> Contractor Comments.--Not later than 180 
days after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to require the following:
            (1) That affected contractors are provided, in a timely 
        manner, information on contractor performance to be included in 
        past performance databases in accordance with subsection (a).
            (2) That such contractors are afforded up to 14 calendar 
        days, from the date of delivery of the information provided in 
        accordance with paragraph (1), to submit comments,

[[Page 126 STAT. 1857]]

        rebuttals, or additional information pertaining to past 
        performance for inclusion in such databases.
            (3) That agency evaluations of contractor past performance, 
        including any comments, rebuttals, or additional information 
        submitted under paragraph (2), are included in the relevant past 
        performance database not later than the date that is 14 days 
        after the date of delivery of the information provided in 
        accordance with paragraph (1).

    (d) Construction.--Nothing in this section shall be construed to 
prohibit a contractor from submitting comments, rebuttals, or additional 
information pertaining to past performance after the period described in 
subsection (c)(2) has elapsed or to prohibit a contractor from 
challenging a past performance evaluation in accordance with applicable 
laws, regulations, or procedures.
    (e) Comptroller General Report.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress a report 
on the actions taken by the Federal Acquisition Regulatory Council 
pursuant to this section, including an assessment of the following:
            (1) The extent to which the strategy required by subsection 
        (a) is consistent with the strategy developed by the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        as described in subsection (a)(2).
            (2) The extent to which the actions of the Federal 
        Acquisition Regulatory Council pursuant to this section have 
        otherwise achieved the objectives of this section.

    (f) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Homeland Security 
                and Governmental Affairs, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Oversight and 
                Government Reform, and the Committee on Appropriations 
                of the House of Representatives.
            (2) The term ``executive agency'' has the meaning given that 
        term in section 133 of title 41, United States Code, except that 
        the term excludes the Department of Defense and the military 
        departments.
            (3) The term ``Federal Acquisition Regulatory Council'' 
        means the Federal Acquisition Regulatory Council under section 
        1302(a) of title 41, United States Code.

                        Subtitle E--Other Matters

SEC. 861. <<NOTE: 31 USC 6101 note.>> REQUIREMENTS AND LIMITATIONS 
                        FOR SUSPENSION AND DEBARMENT OFFICIALS OF 
                        THE DEPARTMENT OF DEFENSE, THE DEPARTMENT 
                        OF STATE, AND THE UNITED STATES AGENCY FOR 
                        INTERNATIONAL DEVELOPMENT.

    (a) <<NOTE: Deadline.>> Requirements.--Not later than 180 days after 
the date of the enactment of this Act, the head of the covered agency 
concerned shall ensure the following:
            (1) There shall be not less than one suspension and 
        debarment official--

[[Page 126 STAT. 1858]]

                    (A) in the case of the Department of Defense, for 
                each of the Department of the Army, the Department of 
                the Navy, the Department of the Air Force, and the 
                Defense Logistics Agency;
                    (B) for the Department of State; and
                    (C) for the United States Agency for International 
                Development.
            (2) A suspension and debarment official under paragraph (1) 
        may not report to or be subject to the supervision of the 
        acquisition office or the Inspector General--
                    (A) in the case of the Department of Defense, of 
                either the Department of Defense or the military 
                department or Defense Agency concerned; and
                    (B) in the case of the Department of State and the 
                United States Agency for International Development, of 
                the covered agency concerned.
            (3) Each suspension and debarment official under paragraph 
        (1) shall have a staff and resources adequate for the discharge 
        of the suspension and debarment responsibilities of such 
        official.
            (4) Each suspension and debarment official under paragraph 
        (1) shall document the basis for any final decision taken 
        pursuant to a formal referral in accordance with the policies 
        established under paragraph (5).
            (5) Each suspension and debarment official under paragraph 
        (1) shall, in consultation with the General Counsel of the 
        covered agency, establish in writing policies for the 
        consideration of the following:
                    (A) Formal referrals of suspension and debarment 
                matters.
                    (B) Suspension and debarment matters that are not 
                formally referred.

    (b) Duties of Interagency Committee on Debarment and Suspension.--
Section 873 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (31 U.S.C. 6101 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, including 
                with respect to contracts in connection with contingency 
                operations'' before the semicolon; and
                    (B) in paragraph (7)--
                          (i) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      subparagraph:
                    ``(D) a summary of suspensions, debarments, and 
                administrative agreements during the previous year.''; 
                and
            (2) by striking subsection (b) and inserting the following 
        new subsections:

    ``(b) Date of Submittal of Annual Reports.--The annual report 
required by subsection (a)(7) shall be submitted not later than January 
31 of each year, beginning with January 31, 2014.
    ``(c) Definitions.--In this section:
            ``(1) The term `contingency operation' has the meaning given 
        that term in section 101(a)(13) of title 10, United States Code.

[[Page 126 STAT. 1859]]

            ``(2) The term `Interagency Committee on Debarment and 
        Suspension' means the committee constituted under sections 4 and 
        5 of Executive Order No. 12549.''.

    (c) <<NOTE: Definition.>> Covered Agency.--In this section, the term 
``covered agency'' means the Department of Defense, the Department of 
State, and the United States Agency for International Development.
SEC. 862. <<NOTE: 41 USC prec. 3101 note. Deadline.>>  UNIFORM 
                        CONTRACT WRITING SYSTEM REQUIREMENTS.

    (a) Uniform Standards and Controls Required.--Not later than 180 
days after the date of the enactment of this Act, the officials 
specified in subsection (b) shall--
            (1) establish uniform data standards, internal control 
        requirements, independent verification and validation 
        requirements, and business process rules for processing 
        procurement requests, contracts, receipts, and invoices by the 
        Department of Defense or other executive agencies, as 
        applicable;
            (2) establish and maintain one or more approved electronic 
        contract writing systems that conform with the standards, 
        requirements, and rules established pursuant to paragraph (1); 
        and
            (3) require the use of electronic contract writing systems 
        approved in accordance with paragraph (2) for all contracts 
        entered into by the Department of Defense or other executive 
        agencies, as applicable.

    (b) Covered Officials.--The officials specified in this subsection 
are the following:
            (1) The Secretary of Defense, with respect to the Department 
        of Defense and the military departments.
            (2) The Administrator for Federal Procurement Policy, with 
        respect to the executive agencies other than the Department of 
        Defense and the military departments.

    (c) Electronic Writing Systems for Department of State and USAID.--
Notwithstanding subsection (b)(2), the Secretary of State and the 
Administrator of the United States Agency for International Development 
may meet the requirements of subsection (a)(2) with respect to approved 
electronic contract writing systems for the Department of State and the 
United States Agency for International Development, respectively, if the 
Secretary and the Administrator, as the case may be, demonstrate to the 
Administrator for Federal Procurement Policy that prior investment of 
resources in existing contract writing systems will result in the most 
cost effective and efficient means to satisfy such requirements.
    (d) Phase-in of Implementation of Requirement for Approved 
Systems. <<NOTE: Time period. Effective date.>> --The officials 
specified in subsection (b) may phase in the implementation of the 
requirement to use approved electronic contract writing systems in 
accordance with subsection (a)(3) over a period of up to five years 
beginning with the date of the enactment of this Act.

    (e) Reports.--Not later than 180 days after the date of the 
enactment of this Act, the officials specified in subsection (b) shall 
each submit to the appropriate committees of Congress a report on the 
implementation of the requirements of this section. Each report shall, 
at a minimum--
            (1) describe the standards, requirements, and rules 
        established pursuant to subsection (a)(1);
            (2) identify the electronic contract writing systems 
        approved pursuant to subsection (a)(2) and, if multiple systems

[[Page 126 STAT. 1860]]

        are approved, explain why the use of such multiple systems is 
        the most efficient and effective approach to meet the contract 
        writing needs of the Federal Government; and
            (3) provide the schedule for phasing in the use of approved 
        electronic contract writing systems in accordance with 
        subsections (a)(3) and (d).

    (f) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Homeland Security 
                and Governmental Affairs, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Oversight and 
                Government Reform, and the Committee on Appropriations 
                of the House of Representatives.
            (2) The term ``executive agency'' has the meaning given that 
        term in section 133 of title 41, United States Code.
SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY.

    Section 845(i) of the National Defense Authorization Act for Fiscal 
Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30, 
2013'' and inserting ``September 30, 2018''.
SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CONTRACTOR 
                        EMPLOYEES.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the effect of reducing the 
allowable costs of contractor compensation of employees to the amount 
payable to the President under section 102 of title 3, United States 
Code, or to the amount payable to the Vice President under section 104 
of such title.
    (b) Matters Covered.--The report shall include, at a minimum, the 
following:
            (1) An estimate of the total number of contractor employees 
        whose allowable costs of compensation in each of fiscal years 
        2010, 2011, and 2012 would have exceeded the amount of allowable 
        costs under section 2324(e)(1)(P) of title 10, United States 
        Code.
            (2) An estimate of the total number of contractor employees 
        whose allowable costs of compensation in each of fiscal years 
        2010, 2011, and 2012 exceeded the amount payable to the 
        President under section 102 of title 3, United States Code.
            (3) An estimate of the total number of contractor employees 
        whose allowable costs of compensation in fiscal year 2012 
        exceeded the amount payable to the Vice President under section 
        104 of title 3, United States Code.
            (4) An estimate of the total number of contractor employees 
        in fiscal year 2012 that could have been characterized as 
        falling within a narrowly targeted exception established by the 
        Secretary of Defense under section 2324(e)(1)(P) of title 10, 
        United States Code, as a result of the amendment made by section 
        803(a)(2) of the National Defense Authorization Act for Fiscal 
        Year 2012 (Public Law 112-81; 125 Stat. 1485).
            (5) A description of the duties and services performed in 
        fiscal year 2012 by employees who were characterized by their

[[Page 126 STAT. 1861]]

        employers as falling within a narrowly targeted exception 
        described in paragraph (4).
            (6) An assessment of whether the compensation amounts 
        provided in fiscal year 2012 to employees who were characterized 
        by their employers as falling within a narrowly targeted 
        exception described in paragraph (4) were provided in a manner 
        consistent with private sector practice.
            (7) An assessment of the extent to which contractor 
        employees received compensation in the form of vested or 
        unvested stock options.
            (8) An assessment of the potential impact on the Department 
        of Defense, contractors of the Department of Defense, and 
        employees of such contractors of adjusting the amount of 
        allowable costs of contractor compensation to the amount 
        specified in paragraph (2) or the amount specified in paragraph 
        (3).
            (9) Such recommendations as the Comptroller General 
        considers appropriate.
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.

    (a) In General.--Not later than 90 days after the end of each of 
fiscal years 2013 through 2016, the Secretary of Defense shall submit to 
the appropriate committees of Congress a report on any actions described 
in subsection (b) which occurred during the preceding fiscal years.
    (b) Actions Described.--
            (1) In general.--An action described in this subsection is 
        the Secretary of Defense--
                    (A) entering into a contract that includes an 
                indemnification provision relating to bodily injury 
                caused by negligence or relating to wrongful death; or
                    (B) modifying an existing contract to include a 
                provision described in subparagraph (A) in a contract.
            (2) Excluded contracts.--Paragraph (1) shall not apply to 
        any contract awarded in accordance with--
                    (A) section 2354 of title 10, United States Code; or
                    (B) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).

    (c) Matters Included.--For each action covered in a report under 
subsection (a), the report shall include--
            (1) the name of the contractor;
            (2) a description of the indemnification provision included 
        in the contract; and
            (3) a justification for the contract including the 
        indemnification provision.

    (d) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on the 
        Budget, and the Committee on Appropriations of the Senate; and
            (2) the Committee on Armed Services, the Committee on the 
        Budget, and the Committee on Appropriations of the House of 
        Representatives.

[[Page 126 STAT. 1862]]

SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR 
                        CONTRACTS UNDER AIR FORCE NETCENTS-2 
                        CONTRACT.

    (a) <<NOTE: Deadline.>> Plan Required.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a plan to increase 
the number of contractors eligible to be awarded contracts under the Air 
Force's Network-Centric Solutions-2 (NETCENTS-2) indefinite-delivery, 
indefinite-quantity (IDIQ) contract.

    (b) Content.--The plan required under subsection (a) shall include 
the following elements:
            (1) A recommendation and rationale for a maximum number of 
        contractors to be eligible for contract awards under NETCENTS-2 
        to foster competition and reduce overall costs associated with 
        hardware and operation and maintenance of Air Networks.
            (2) The methodology used to periodically review existing 
        eligible NETCENTS-2 contractors and contracts.
            (3) A timeline to increase the current number of eligible 
        contractors under NETCENTS-2 and dates of future ``on-ramps'' 
        under NETCENTS-2 to assess current eligible contractors and add 
        additional eligible contractors.
SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR 
                        SUSTAINING BID PROTESTS IN ANNUAL PROTEST 
                        REPORT BY COMPTROLLER GENERAL TO CONGRESS.

    Section 3554(e)(2) of title 31, United States Code, is amended by 
adding at the end the following: ``The report shall also include a 
summary of the most prevalent grounds for sustaining protests during 
such preceding year.''.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for 
           Manufacturing and Industrial Base Policy and amendments to 
           Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid 
           acquisition.
Sec. 903. Designation of Department of Defense senior official for 
           enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant 
           Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the 
           environment'' and ``operational preparation of the 
           environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the 
           Department of Defense from the military departments and 
           Defense Agencies for defense business system investment 
           reviews.

                      Subtitle B--Space Activities

Sec. 911. Reports on integration of acquisition and capability delivery 
           schedules for segments of major satellite acquisition 
           programs and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space 
           activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch 
           capability of the United States.
Sec. 917. Report on counter space technology.

[[Page 126 STAT. 1863]]

               Subtitle C--Intelligence-Related Activities

Sec. 921. Authority to provide geospatial intelligence support to 
           certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National 
           Defense Intelligence College to National Intelligence 
           University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.

                 Subtitle D--Cyberspace-Related Matters

Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the 
           Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the 
           Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical 
           data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data 
           analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of 
           Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks 
           and information systems of certain contractors.

                        Subtitle E--Other Matters

Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of 
           Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint 
           Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of 
           costs of activities for nongovernmental personnel at 
           Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and 
           service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring 
           following completion of National Security Education Program 
           scholarship.

              Subtitle A--Department of Defense Management

SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF 
                        DEFENSE FOR MANUFACTURING AND INDUSTRIAL 
                        BASE POLICY AND AMENDMENTS TO STRATEGIC 
                        MATERIALS PROTECTION BOARD.

    (a) Responsibilities of Deputy Assistant Secretary.--Section 139c(b) 
of title 10, United States Code, is amended--
            (1) by striking paragraphs (1) through (4) and inserting the 
        following:
            ``(1) Providing input to strategy reviews, including 
        quadrennial defense reviews conducted pursuant to section 118 of 
        this title, on matters related to--
                    ``(A) the defense industrial base; and
                    ``(B) materials critical to national security.
            ``(2) Establishing policies of the Department of Defense for 
        developing and maintaining the defense industrial base of the 
        United States and ensuring a secure supply of materials critical 
        to national security.
            ``(3) Providing recommendations on budget matters pertaining 
        to the industrial base, the supply chain, and the

[[Page 126 STAT. 1864]]

        development and retention of skills necessary to support the 
        industrial base.
            ``(4) Providing recommendations and acquisition policy 
        guidance on supply chain management and supply chain 
        vulnerability throughout the entire supply chain, from suppliers 
        of raw materials to producers of major end items.'';
            (2) by striking paragraph (5) and redesignating paragraphs 
        (6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), 
        and (9), respectively;
            (3) by inserting after paragraph (9), as so redesignated, 
        the following new paragraph (10):
            ``(10) Providing policy and oversight of matters related to 
        materials critical to national security to ensure a secure 
        supply of such materials to the Department of Defense.'';
            (4) by redesignating paragraph (15) as paragraph (18); and
            (5) by inserting after paragraph (14) the following new 
        paragraphs:
            ``(15) Coordinating with the Director of Small Business 
        Programs on all matters related to industrial base policy of the 
        Department of Defense.
            ``(16) Ensuring reliable sources of materials critical to 
        national security, such as specialty metals, armor plate, and 
        rare earth elements.
            ``(17) Establishing policies of the Department of Defense 
        for continued reliable resource availability from secure sources 
        for the industrial base of the United States.''.

    (b) Materials Critical to National Security Defined.--Section 139c 
of such title is further amended by adding at the end the following new 
subsection:
    ``(d) Materials Critical to National Security Defined.--In this 
section, the term `materials critical to national security' has the 
meaning given that term in section 187(e)(1) of this title.''.
    (c) Amendments to Strategic Materials Protection Board.--
            (1) Membership.--Paragraph (2) of section 187(a) of such 
        title is amended to read as follows:

    ``(2) The Board shall be composed of the following:
            ``(A) The Deputy Assistant Secretary of Defense for 
        Manufacturing and Industrial Base Policy, who shall be the 
        chairman of the Board.
            ``(B) The Administrator of the Defense Logistics Agency 
        Strategic Materials, or any successor organization, who shall be 
        the vice chairman of the Board.
            ``(C) A designee of the Assistant Secretary of the Army for 
        Acquisition, Logistics, and Technology.
            ``(D) A designee of the Assistant Secretary of the Navy for 
        Research, Development, and Acquisition.
            ``(E) A designee of the Assistant Secretary of the Air Force 
        for Acquisition.''.
            (2) Duties.--Paragraphs (3) and (4) of section 187(b) of 
        such title are each amended by striking ``President'' and 
        inserting ``Secretary''.
            (3) Meetings.--Section 187(c) of such title is amended by 
        striking ``Secretary of Defense'' and inserting ``Deputy 
        Assistant Secretary of Defense for Manufacturing and Industrial 
        Base Policy''.

[[Page 126 STAT. 1865]]

            (4) Reports.--Section 187(d) of such title is amended to 
        read as follows:

    ``(d) Reports.--(1) Subject to paragraph (2), after each meeting of 
the Board, the Board shall prepare a report containing the results of 
the meeting and such recommendations as the Board determines 
appropriate. Each such report shall be submitted to the congressional 
defense committees, together with comments and recommendations from the 
Secretary of Defense, not later than 90 days after the meeting covered 
by the report.
    ``(2) In any year in which the Board meets more than once, each 
report prepared by the Board as required by paragraph (1) may be 
combined into one annual report and submitted as provided by paragraph 
(1) not later than 90 days after the last meeting of the year.''.
SEC. 902. <<NOTE: 10 USC 2302 note.>>  REQUIREMENT FOR FOCUS ON 
                        URGENT OPERATIONAL NEEDS AND RAPID 
                        ACQUISITION.

    (a) Designation of Senior Official Responsible for Focus on Urgent 
Operational Needs and Rapid Acquisition.--
            (1) In general.--The Secretary of Defense, after 
        consultation with the Secretaries of the military departments, 
        shall designate a senior official in the Office of the Secretary 
        of Defense as the principal official of the Department of 
        Defense responsible for leading the Department's actions on 
        urgent operational needs and rapid acquisition, in accordance 
        with this section.
            (2) Staff and resources.--The Secretary shall assign to the 
        senior official designated under paragraph (1) appropriate staff 
        and resources necessary to carry out the official's functions 
        under this section.

    (b) Responsibilities.--The senior official designated under 
subsection (a) shall be responsible for the following:
            (1) Acting as an advocate within the Department of Defense 
        for issues related to the Department's ability to rapidly 
        respond to urgent operational needs, including programs funded 
        and carried out by the military departments.
            (2) Improving visibility of urgent operational needs 
        throughout the Department, including across the military 
        departments, the Defense Agencies, and all other entities and 
        processes in the Department that address urgent operational 
        needs.
            (3) Ensuring that tools and mechanisms are used to track, 
        monitor, and manage the status of urgent operational needs 
        within the Department, from validation through procurement and 
        fielding, including a formal feedback mechanism for the Armed 
        Forces to provide information on how well fielded solutions are 
        meeting urgent operational needs.

    (c) Urgent Operational Needs Defined.--In this section, the term 
``urgent operational needs'' means capabilities that are determined by 
the Secretary of Defense, pursuant to the review process required by 
section 804(b) of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for rapid 
fielding in response to urgent operational needs.

[[Page 126 STAT. 1866]]

SEC. 903. <<NOTE: 10 USC 113 note.>>  DESIGNATION OF DEPARTMENT OF 
                        DEFENSE SENIOR OFFICIAL FOR ENTERPRISE 
                        RESOURCE PLANNING SYSTEM DATA CONVERSION.

    Not <<NOTE: Deadline.>> later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall--
            (1) designate a senior official of the Department of Defense 
        as the official with principal responsibility for coordination 
        and management oversight of data conversion for all enterprise 
        resource planning systems of the Department; and
            (2) set forth the responsibilities of that senior official 
        with respect to such data conversion.
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY 
                        ASSISTANT SECRETARY OF DEFENSE FOR 
                        DEVELOPMENTAL TEST AND EVALUATION.

    (a) Direct Communication.--Section 139b(a)(3) of title 10, United 
States Code, is amended by striking ``to the Under Secretary'' before 
the period and inserting ``to the Under Secretary. The Deputy Assistant 
Secretary may communicate views on matters within the responsibility of 
the Deputy Assistant Secretary directly to the Under Secretary without 
obtaining the approval or concurrence of any other official within the 
Department of Defense''.
    (b) Duties.--Section 139b(a)(5) of such title is amended--
            (1) in subparagraph (A)(i), by striking ``in the Department 
        of Defense'' and inserting ``in the military departments and 
        other elements of the Department of Defense'';
            (2) in subparagraph (B), by striking ``review and approve'' 
        and inserting ``review and approve or disapprove'';
            (3) in subparagraph (C), by striking ``programs'' and 
        inserting ``programs (including the activities of chief 
        developmental testers and lead developmental test evaluation 
        organizations designated in accordance with subsection (c))'';
            (4) in subparagraph (E), by striking ``and'' after the 
        semicolon at the end; and
            (5) by redesignating subparagraph (F) as subparagraph (G) 
        and by inserting after subparagraph (E) the following new 
        subparagraph (F):
                    ``(F) in consultation with the Assistant Secretary 
                of Defense for Research and Engineering, assess the 
                technological maturity and integration risk of critical 
                technologies at key stages in the acquisition process; 
                and''.

    (c) Concurrent Service.--Section 139b(a)(7) of such title is amended 
by striking ``may'' and inserting ``shall''.
    (d) Resources.--Section 139b(a) of such title is amended by adding 
at the end the following new paragraph:
            ``(8) Resources.--
                    ``(A) <<NOTE: President.>> The President shall 
                include in the budget transmitted to Congress, pursuant 
                to section 1105 of title 31, for each fiscal year, a 
                separate statement of estimated expenditures and 
                proposed appropriations for the fiscal year for the 
                activities of the Deputy Assistant Secretary of Defense 
                for Developmental Test and Evaluation in carrying out 
                the duties and responsibilities of the Deputy Assistant 
                Secretary under this section.
                    ``(B) The Deputy Assistant Secretary of Defense for 
                Developmental Test and Evaluation shall have sufficient 
                professional staff of military and civilian personnel to

[[Page 126 STAT. 1867]]

                enable the Deputy Assistant Secretary to carry out the 
                duties and responsibilities prescribed by law.''.

    (e) Consultations Relating to Technological Readiness.--
            (1) Consultation on report on critical technologies.--
        Section 138b(b)(2) of such title is amended by striking ``The 
        Assistant Secretary shall submit'' and inserting ``The Assistant 
        Secretary, in consultation with the Deputy Assistant Secretary 
        of Defense for Developmental Test and Evaluation, shall 
        submit''.
            (2) Consultation during certification process for major 
        defense acquisition programs.--Section 2366b(a)(3)(D) of such 
        title is amended by striking ``the Assistant Secretary of 
        Defense for Research and Engineering'' and inserting ``the 
        Assistant Secretary of Defense for Research and Engineering, in 
        consultation with the Deputy Assistant Secretary of Defense for 
        Developmental Test and Evaluation''.

    (f) Duties of Chief Developmental Tester and Lead Developmental Test 
and Evaluation Organization.--Section 139b(c) of such title is amended--
            (1) in paragraph (2), by striking ``shall be responsible 
        for'' and inserting ``, consistent with policies and guidance 
        issued pursuant to subsection (a)(5)(A), shall be responsible 
        for'';
            (2) in paragraph (3), by striking ``shall be responsible 
        for'' and inserting ``, consistent with policies and guidance 
        issued pursuant to subsection (a)(5)(A), shall be responsible 
        for''; and
            (3) by adding at the end the following new paragraph:
            ``(4) Transmittal of records and data.--The chief 
        developmental tester and the lead developmental test and 
        evaluation organization for a major defense acquisition program 
        shall promptly transmit to the Deputy Assistant Secretary of 
        Defense for Developmental Test and Evaluation any records or 
        data relating to the program that are requested by the Deputy 
        Assistant Secretary, as provided in subsection (a)(6).''.

    (g) Annual Report.--Section 139b(d) of such title is amended--
            (1) in the subsection heading, by striking ``Joint'';
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively, and moving 
        each subparagraph (as so redesignated) two ems to the right;
            (3) by striking ``Not later than March 31'' and inserting:
            ``(1) In general.--Not later than March 31'';
            (4) in the matter appearing before subparagraph (A), as so 
        redesignated, by striking ``jointly'' and inserting ``each''; 
        and
            (5) by adding at the end the following new paragraph:
            ``(2) Additional requirements for report by deputy assistant 
        secretary of defense for developmental test and evaluation.--
        With respect to the report required under paragraph (1) by the 
        Deputy Assistant Secretary of Defense for Developmental Test and 
        Evaluation, the report shall include--
                    ``(A) a separate section that covers the activities 
                of the Department of Defense Test Resource Management 
                Center (established under section 196 of this title) 
                during the preceding year; and
                    ``(B) a separate section that addresses the adequacy 
                of the resources available to the Deputy Assistant 
                Secretary of Defense for Developmental Test and 
                Evaluation and to the lead developmental test and 
                evaluation organizations

[[Page 126 STAT. 1868]]

                of the military departments to carry out the 
                responsibilities prescribed by this section.''.

    (h) <<NOTE: 10 USC 133 note.>> Reports to Congress on Failure To 
Comply With Recommendations.--
            (1) Report required.--Not later than 60 days after the end 
        of each fiscal year, from fiscal year 2013 through fiscal year 
        2018, the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics shall submit to the congressional 
        defense committees a report on each case in which a major 
        defense acquisition program, in the preceding fiscal year--
                    (A) proceeded to implement a test and evaluation 
                master plan notwithstanding a decision of the Deputy 
                Assistant Secretary of Defense for Developmental Test 
                and Evaluation to disapprove the developmental test and 
                evaluation plan within that plan in accordance with 
                section 139b(a)(5)(B) of title 10, United States Code; 
                or
                    (B) proceeded to initial operational testing and 
                evaluation notwithstanding a determination by the Deputy 
                Assistant Secretary of Defense for Developmental Test 
                and Evaluation on the basis of an assessment of 
                operational test readiness that the program is not ready 
                for operational testing.
            (2) Matters covered.--
                    (A) For each program covered by paragraph (1)(A), 
                the report shall include the following:
                          (i) A description of the specific aspects of 
                      the developmental test and evaluation plan that 
                      the Deputy Assistant Secretary determined to be 
                      inadequate.
                          (ii) An explanation of the reasons why the 
                      program disregarded the Deputy Assistant 
                      Secretary's recommendations with regard to those 
                      aspects of the developmental test and evaluation 
                      plan.
                          (iii) The steps taken to address those aspects 
                      of the developmental test and evaluation plan and 
                      address the concerns of the Deputy Assistant 
                      Secretary.
                    (B) For each program covered by paragraph (1)(B), 
                the report shall include the following:
                          (i) An explanation of the reasons why the 
                      program proceeded to initial operational testing 
                      and evaluation notwithstanding the findings of the 
                      assessment of operational test readiness.
                          (ii) A description of the aspects of the 
                      approved testing and evaluation master plan that 
                      had to be set aside to enable the program to 
                      proceed to initial operational testing and 
                      evaluation.
                          (iii) A description of how the program 
                      addressed the specific areas of concern raised in 
                      the assessment of operational test readiness.
                          (iv) A statement of whether initial 
                      operational testing and evaluation identified any 
                      significant shortcomings in the program.
            (3) Additional congressional notification.--Not later than 
        30 days after any decision to conduct developmental testing on a 
        major defense acquisition program without an approved test and 
        evaluation master plan in place, the Under

[[Page 126 STAT. 1869]]

        Secretary of Defense for Acquisition, Technology, and Logistics 
        shall provide to the congressional defense committees a written 
        explanation of the basis for the decision and a timeline for 
        getting an approved plan in place.
SEC. 905. DEFINITION AND REPORT ON TERMS ``PREPARATION OF THE 
                        ENVIRONMENT'' AND ``OPERATIONAL 
                        PREPARATION OF THE ENVIRONMENT'' FOR JOINT 
                        DOCTRINE PURPOSES.

    (a) Definitions Required.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall define for 
purposes of joint doctrine the following terms:
            (1) The term ``preparation of the environment''.
            (2) The term ``operational preparation of the environment''.

    (b) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the terms defined under subsection 
        (a). The report shall include the following:
                    (A) The definition of the term ``preparation of the 
                environment'' pursuant to subsection (a).
                    (B) Examples of activities meeting the definition of 
                the term ``preparation of the environment'' by special 
                operations forces and general purpose forces.
                    (C) The definition of the term ``operational 
                preparation of the environment'' pursuant to subsection 
                (a).
                    (D) Examples of activities meeting the definition of 
                the term ``operational preparation of the environment'' 
                by special operations forces and general purpose forces.
                    (E) An assessment of the appropriate roles of 
                special operations forces and general purpose forces in 
                conducting activities meeting the definition of the term 
                ``preparation of the environment'' and the definition of 
                the term ``operational preparation of the environment''.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER OF THE 
                        DEPARTMENT OF DEFENSE FROM THE MILITARY 
                        DEPARTMENTS AND DEFENSE AGENCIES FOR 
                        DEFENSE BUSINESS SYSTEM INVESTMENT 
                        REVIEWS.

    Section 2222(g) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) The investment management process required by paragraph (1) 
shall include requirements for the military departments and the Defense 
Agencies to make available to the Deputy Chief Management Officer such 
information on covered defense business system programs and other 
business functions as the Deputy Chief Management Officer shall require 
for the review of defense business system programs under the process. 
Such information shall be made available to the Deputy Chief Management 
Officer through existing data sources or in a standardized format 
established by the Deputy Chief Management Officer for purposes of this 
paragraph.''.

[[Page 126 STAT. 1870]]

                      Subtitle B--Space Activities

SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY 
                        DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR 
                        SATELLITE ACQUISITION PROGRAMS AND FUNDING 
                        FOR SUCH PROGRAMS.

    (a) In General.--Chapter 135 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2275. <<NOTE: 10 USC 2275.>> Reports on integration of 
                  acquisition and capability delivery schedules 
                  for segments of major satellite acquisition 
                  programs and funding for such programs

    ``(a) Reports Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the congressional 
defense committees a report on each major satellite acquisition program 
in accordance with subsection (d) that assesses--
            ``(1) the integration of the schedules for the acquisition 
        and the delivery of the capabilities of the segments for the 
        program; and
            ``(2) funding for the program.

    ``(b) Elements.--Each report required by subsection (a) with respect 
to a major satellite acquisition program shall include the following:
            ``(1) The amount of funding approved for the program and for 
        each segment of the program that is necessary for full 
        operational capability of the program.
            ``(2) The dates by which the program and each segment of the 
        program is anticipated to reach initial and full operational 
        capability.
            ``(3) A description of the intended primary capabilities and 
        key performance parameters of the program.
            ``(4) An assessment of the extent to which the schedules for 
        the acquisition and the delivery of the capabilities of the 
        segments for the program or any related program referred to in 
        paragraph (1) are integrated.
            ``(5) If the Under Secretary determines pursuant to the 
        assessment under paragraph (4) that the program is a non-
        integrated program, an identification of--
                    ``(A) the impact on the mission of the program of 
                having the delivery of the segment capabilities of the 
                program more than one year apart;
                    ``(B) the measures the Under Secretary is taking or 
                is planning to take to improve the integration of the 
                acquisition and delivery schedules of the segment 
                capabilities; and
                    ``(C) the risks and challenges that impede the 
                ability of the Department of Defense to fully integrate 
                those schedules.

    ``(c) Consideration by Milestone Decision Authority.--The Milestone 
Decision Authority shall include the report required by subsection (a) 
with respect to a major satellite acquisition program as part of the 
documentation used to approve the acquisition of the program.
    ``(d) Submittal of Reports.--(1) In the case of a major satellite 
acquisition program initiated before the date of the enactment

[[Page 126 STAT. 1871]]

of the National Defense Authorization Act for Fiscal Year 2013, the 
Under Secretary shall submit the report required by subsection (a) with 
respect to the program not later than one year after such date of 
enactment.
    ``(2) In the case of a major satellite acquisition program initiated 
on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013, the Under Secretary shall submit 
the report required by subsection (a) with respect to the program at the 
time of the Milestone B approval of the program.
    ``(e) Notification to Congress of Non-integrated Acquisition and 
Capability Delivery Schedules.-- <<NOTE: Determination.>> If, after 
submitting the report required by subsection (a) with respect to a major 
satellite acquisition program, the Under Secretary determines that the 
program is a non-integrated program, the Under Secretary shall, not 
later than 30 days after making that determination, submit to the 
congressional defense committees a report--
            ``(1) notifying the committees of that determination; and
            ``(2) identifying--
                    ``(A) the impact on the mission of the program of 
                having the delivery of the segment capabilities of the 
                program more than one year apart;
                    ``(B) the measures the Under Secretary is taking or 
                is planning to take to improve the integration of the 
                acquisition and delivery schedules of the segment 
                capabilities; and
                    ``(C) the risks and challenges that impede the 
                ability of the Department of Defense to fully integrate 
                those schedules.

    ``(f) Annual Updates for Non-integrated Programs.--
            ``(1) Requirement.--For each major satellite acquisition 
        program that the Under Secretary has determined under subsection 
        (b)(5) or subsection (e) is a non-integrated program, the Under 
        Secretary shall annually submit to Congress, at the same time 
        the budget of the President for a fiscal year is submitted under 
        section 1105 of title 31, an update to the report required by 
        subsection (a) for such program.
            ``(2) <<NOTE: Notification.>> Termination of requirement.--
        The requirement to submit an annual report update for a program 
        under paragraph (1) shall terminate on the date on which the 
        Under Secretary submits to the congressional defense committees 
        notice that the Under Secretary has determined that such program 
        is no longer a non-integrated program, or on the date that is 
        five years after the date on which the initial report update 
        required under paragraph (1) is submitted, whichever is earlier.
            ``(3) GAO review of certain non-integrated programs.--If at 
        the time of the termination of the requirement to annually 
        update a report for a program under paragraph (1) the Under 
        Secretary has not provided notice to the congressional defense 
        committees that the Under Secretary has determined that the 
        program is no longer a non-integrated program, the Comptroller 
        General shall conduct a review of such program and submit the 
        results of such review to the congressional defense committees.

    ``(g) Definitions.--In this section:
            ``(1) Segments.--The term `segments', with respect to a 
        major satellite acquisition program, refers to any satellites 
        acquired under the program and the ground equipment and

[[Page 126 STAT. 1872]]

        user terminals necessary to fully exploit the capabilities 
        provided by those satellites.
            ``(2) Major satellite acquisition program.--The term `major 
        satellite acquisition program' means a major defense acquisition 
        program (as defined in section 2430 of this title) for the 
        acquisition of a satellite.
            ``(3) Milestone b approval.--The term `Milestone B approval' 
        has the meaning given that term in section 2366(e)(7) of this 
        title.
            ``(4) Non-integrated program.--The term `non-integrated 
        program' means a program with respect to which the schedules for 
        the acquisition and the delivery of the capabilities of the 
        segments for the program, or a related program that is necessary 
        for the operational capability of the program, provide for the 
        acquisition or the delivery of the capabilities of at least two 
        of the three segments for the program or related program more 
        than one year apart.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 135 of such title <<NOTE: 10 USC prec. 2271.>> is amended by 
adding at the end the following new item:

``2275. Reports on integration of acquisition and capability delivery 
           schedules for segments of major satellite acquisition 
           programs and funding for such programs.''.

SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION.

    (a) In General.--Chapter 135 of title 10, United States Code, as 
amended by section 911 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 2276. <<NOTE: 10 USC 2276.>> Commercial space launch 
                  cooperation

    ``(a) Authority.--The Secretary of Defense may take such actions as 
the Secretary considers to be in the best interest of the Federal 
Government to--
            ``(1) maximize the use of the capacity of the space 
        transportation infrastructure of the Department of Defense by 
        the private sector in the United States;
            ``(2) maximize the effectiveness and efficiency of the space 
        transportation infrastructure of the Department of Defense;
            ``(3) reduce the cost of services provided by the Department 
        of Defense related to space transportation infrastructure at 
        launch support facilities and space recovery support facilities;
            ``(4) encourage commercial space activities by enabling 
        investment by covered entities in the space transportation 
        infrastructure of the Department of Defense; and
            ``(5) foster cooperation between the Department of Defense 
        and covered entities.

    ``(b) Authority for Contracts and Other Agreements Relating to Space 
Transportation Infrastructure.--The Secretary of Defense--
            ``(1) may enter into an agreement with a covered entity to 
        provide the covered entity with support and services related to 
        the space transportation infrastructure of the Department of 
        Defense; and
            ``(2) <<NOTE: Determination.>> upon the request of such 
        covered entity, may include such support and services in the 
        space launch and reentry range support requirements of the 
        Department of Defense if--

[[Page 126 STAT. 1873]]

                    ``(A) the Secretary determines that the inclusion of 
                such support and services in such requirements--
                          ``(i) is in the best interest of the Federal 
                      Government;
                          ``(ii) does not interfere with the 
                      requirements of the Department of Defense; and
                          ``(iii) does not compete with the commercial 
                      space activities of other covered entities, unless 
                      that competition is in the national security 
                      interests of the United States; and
                    ``(B) any commercial requirement included in the 
                agreement has full non-Federal funding before the 
                execution of the agreement.

    ``(c) Contributions.--
            ``(1) In general.--The Secretary of Defense may enter into 
        an agreement with a covered entity on a cooperative and 
        voluntary basis to accept contributions of funds, services, and 
        equipment to carry out this section.
            ``(2) Use of contributions.--Any funds, services, or 
        equipment accepted by the Secretary under this subsection--
                    ``(A) may be used only for the objectives specified 
                in this section in accordance with terms of use set 
                forth in the agreement entered into under this 
                subsection; and
                    ``(B) shall be managed by the Secretary in 
                accordance with regulations of the Department of 
                Defense.
            ``(3) Requirements with respect to agreements.--An agreement 
        entered into with a covered entity under this subsection--
                    ``(A) shall address the terms of use, ownership, and 
                disposition of the funds, services, or equipment 
                contributed pursuant to the agreement; and
                    ``(B) shall include a provision that the covered 
                entity will not recover the costs of its contribution 
                through any other agreement with the United States.

    ``(d) Defense Cooperation Space Launch Account.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a special account to be known as the 
        `Defense Cooperation Space Launch Account'.
            ``(2) Crediting of funds.--Funds received by the Secretary 
        of Defense under subsection (c) shall be credited to the Defense 
        Cooperation Space Launch Account.
            ``(3) Use of funds.--Funds deposited in the Defense 
        Cooperation Space Launch Account under paragraph (2) are 
        authorized to be appropriated and shall be available for 
        obligation only to the extent provided in advance in an 
        appropriation Act for costs incurred by the Department of 
        Defense in carrying out subsection (b). Funds in the Account 
        shall remain available until expended.

    ``(e) Annual Report.--Not later than January 31 of each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the funds, services, and equipment accepted and 
used by the Secretary under this section during the preceding fiscal 
year.
    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.
    ``(g) Definitions.--In this section:

[[Page 126 STAT. 1874]]

            ``(1) Covered entity.--The term `covered entity' means a 
        non-Federal entity that--
                    ``(A) is organized under the laws of the United 
                States or of any jurisdiction within the United States; 
                and
                    ``(B) is engaged in commercial space activities.
            ``(2) Launch support facilities.--The term `launch support 
        facilities' has the meaning given the term in section 50501(7) 
        of title 51.
            ``(3) Space recovery support facilities.--The term `space 
        recovery support facilities' has the meaning given the term in 
        section 50501(11) of title 51.
            ``(4) Space transportation infrastructure.--The term `space 
        transportation infrastructure' has the meaning given that term 
        in section 50501(12) of title 51.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter, as so amended, <<NOTE: 10 USC prec. 2271.>> is further 
amended by adding at the end the following new item:

``2276. Commercial space launch cooperation.''.

SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER 
                        SPACE ACTIVITIES.

    (a) <<NOTE: 51 USC 30701 note.>> Certification Required.--If the 
United States becomes a signatory to a non-legally binding international 
agreement concerning an International Code of Conduct for Outer Space 
Activities or any similar agreement, at the same time as the United 
States becomes such a signatory--
            (1) <<NOTE: President.>> the President shall submit to the 
        congressional defense committees, the Permanent Select Committee 
        on Intelligence of the House of Representatives, and the Select 
        Committee on Intelligence of the Senate a certification that 
        such agreement has no legally-binding effect or basis for 
        limiting the activities of the United States in outer space; and
            (2) the Secretary of Defense, the Chairman of the Joint 
        Chiefs of Staff, and the Director of National Intelligence shall 
        jointly submit to the congressional defense committees a 
        certification that such agreement will be equitable, enhance 
        national security, and have no militarily significant impact on 
        the ability of the United States to conduct military or 
        intelligence activities in space.

    (b) <<NOTE: 51 USC 30701 note.>>  Briefings and Notifications 
Required.--
            (1) Restatement of policy formulation under the arms control 
        and disarmament act with respect to outer space.--No action 
        shall be taken that would obligate the United States to reduce 
        or limit the Armed Forces or armaments of the United States in 
        outer space in a militarily significant manner, except pursuant 
        to the treaty-making power of the President set forth in Article 
        II, Section 2, Clause II of the Constitution or unless 
        authorized by the enactment of further affirmative legislation 
        by the Congress of the United States.
            (2) Briefings.--
                    (A) Requirement.--The Secretary of Defense, the 
                Secretary of State, and the Director of National 
                Intelligence shall jointly provide to the covered 
                congressional committees regular, detailed updates on 
                the negotiation of a non-legally binding international 
                agreement concerning an International Code of Conduct 
                for Outer Space Activities or any similar agreement.

[[Page 126 STAT. 1875]]

                    (B) Termination of 
                requirement. <<NOTE: President. Certification.>> --The 
                requirement to provide regular briefings under 
                subparagraph (A) shall terminate on the date on which 
                the United States becomes a signatory to an agreement 
                referred to in subparagraph (A), or on the date on which 
                the President certifies to Congress that the United 
                States is no longer negotiating an agreement referred to 
                in subparagraph (A), whichever is earlier.
            (3) <<NOTE: Deadline.>> Notifications.--If the United States 
        becomes a signatory to a non-legally binding international 
        agreement concerning an International Code of Conduct for Outer 
        Space Activities or any similar agreement, not less than 60 days 
        prior to any action that will obligate the United States to 
        reduce or limit the Armed Forces or armaments or activities of 
        the United States in outer space, the head of each Department or 
        agency of the Federal Government that is affected by such action 
        shall submit to Congress notice of such action and the effect of 
        such action on such Department or agency.
            (4) Definition.--In this subsection, the term ``covered 
        congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate.

    (c) Report on Foreign Counter-space Programs.--
            (1) Report required.--Chapter 135 of title 10, United States 
        Code, as amended by section 912 of this Act, is further amended 
        by adding at the end the following new section:
``Sec. 2277. <<NOTE: 10 USC 2277.>> Report on foreign counter-
                  space programs

    ``(a) Report Required.--Not later than January 1 of each year, the 
Secretary of Defense and the Director of National Intelligence shall 
jointly submit to Congress a report on the counter-space programs of 
foreign countries.
    ``(b) Contents.--Each report required under subsection (a) shall 
include--
            ``(1) an explanation of whether any foreign country has a 
        counter-space program that could be a threat to the national 
        security or commercial space systems of the United States; and
            ``(2) the name of each country with a counter-space program 
        described in paragraph (1).

    ``(c) Form.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), each report required under subsection (a) shall be 
        submitted in unclassified form.
            ``(2) Classified annex.--The Secretary of Defense and the 
        Director of National Intelligence may submit to the covered 
        congressional committees a classified annex to a report required 
        under subsection (a) containing any classified information 
        required to be submitted for such report.
            ``(3) Foreign country names.--
                    ``(A) Unclassified form.--Subject to subparagraph 
                (B), each report required under subsection (a) shall 
                include

[[Page 126 STAT. 1876]]

                the information required under subsection (b)(2) in 
                unclassified form.
                    ``(B) <<NOTE: Determination.>> National security 
                waiver.--The Secretary of Defense and the Director of 
                National Intelligence may waive the requirement under 
                subparagraph (A) if the Secretary and the Director of 
                National Intelligence jointly determine it is in the 
                interests of national security to waive such requirement 
                and submits to Congress an explanation of why the 
                Secretary and the Director waived such requirement.

    ``(d) Covered Congressional Committees Defined.--In this section, 
the term `covered congressional committees' means the Committee on Armed 
Services and the Permanent Select Committee on Intelligence of the House 
of Representatives and the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 135 of title 10, United States Code, as so 
        amended, <<NOTE: 10 USC prec. 2271.>> is further amended by 
        adding at the end the following new item:

``2277. Report on foreign counter-space programs.''.

SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.

    (a) In General.--Subsection (a) of section 2273a of title 10, United 
States Code, is amended to read as follows:
    ``(a) <<NOTE: Establishment.>>  In General.--There is within the Air 
Force Space and Missile Systems Center of the Department of Defense a 
joint program office known as the Operationally Responsive Space Program 
Office (in this section referred to as the `Office'). The facilities of 
the Office may not be co-located with the headquarters facilities of the 
Air Force Space and Missile Systems Center.''.

    (b) Head of Office.--Subsection (b) of such section is amended by 
striking ``shall be--'' and all that follows and inserting ``shall be 
the designee of the Department of Defense Executive Agent for Space. The 
head of the Office shall report to the Commander of the Air Force Space 
and Missile Systems Center.''.
    (c) Mission.--Subsection (c)(1) of such section is amended by 
striking ``spacelift'' and inserting ``launch''.
    (d) Senior Acquisition Executive.--Paragraph (1) of subsection (e) 
of such section is amended to read as follows:
            ``(1) The Program Executive Officer for Space shall be the 
        Acquisition Executive of the Office and shall provide 
        streamlined acquisition authorities for projects of the 
        Office.''.

    (e) Executive Committee.--Such section is further amended by adding 
at the end the following new subsection:
    ``(g) <<NOTE: Establishment.>> Executive Committee.--(1) The 
Secretary of Defense shall establish for the Office an Executive 
Committee (to be known as the `Operationally Responsive Space Executive 
Committee') to provide coordination, oversight, and approval of projects 
of the Office.

    ``(2) The Executive Committee shall consist of the officials (and 
their duties) as follows:
            ``(A) The Department of Defense Executive Agent for Space, 
        who shall serve as Chair of the Executive Committee and provide 
        oversight, prioritization, coordination, and resources for the 
        Office.

[[Page 126 STAT. 1877]]

            ``(B) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, who shall provide coordination and 
        oversight of the Office and recommend funding sources for 
        programs of the Office that exceed the approved program 
        baseline.
            ``(C) The Commander of the United States Strategic Command, 
        who shall validate requirements for systems to be acquired by 
        the Office and participate in approval of any acquisition 
        program initiated by the Office.
            ``(D) The Commander of the Air Force Space Command, the 
        Commander of the Army Space and Missile Defense Command, and the 
        Commander of the Space and Naval Warfare Systems Command, who 
        shall jointly organize, train, and equip forces to support the 
        acquisition programs of the Office.
            ``(E) Such other officials (and their duties) as the 
        Secretary of Defense considers appropriate.''.
SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with the Director 
of National Intelligence, shall submit to the congressional defense 
committees, the Permanent Select Committee on Intelligence of the House 
of Representatives, and the Select Committee on Intelligence of the 
Senate a report on overhead persistent infrared technology that 
includes--
            (1) an identification of the comprehensive overhead 
        persistent infrared technology requirements of the Department of 
        Defense and the intelligence community;
            (2) a description of the strategy, plan, and budget for the 
        space layer, with supporting ground architecture, including key 
        decision points for the current and next generation overhead 
        persistent infrared technology with respect to missile warning, 
        missile defense, battlespace awareness, and technical 
        intelligence;
            (3) an assessment of whether there are further opportunities 
        for the Department of Defense and the intelligence community to 
        capitalize on increased data sharing, fusion, interoperability, 
        and exploitation;
            (4) recommendations on how to better coordinate the efforts 
        by the Department and the intelligence community to exploit 
        overhead persistent infrared sensor data; and
            (5) any other relevant information that the Secretary 
        considers necessary.

    (b) Comptroller General Assessment.--Not later than 90 days after 
the date on which the Secretary of Defense submits the report required 
under subsection (a), the Comptroller General of the United States shall 
submit to the congressional defense committees an assessment of the 
report required under subsection (a), including--
            (1) an assessment of whether such report is comprehensive, 
        fully supported, and sufficiently detailed; and
            (2) an identification of any shortcomings, limitations, or 
        other reportable matters that affect the quality or findings of 
        the report required under subsection (a).

    (c) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given that term

[[Page 126 STAT. 1878]]

in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)).
SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE LAUNCH 
                        CAPABILITY OF THE UNITED STATES.

    (a) Assessment.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall conduct an independent assessment of the 
national security implications of continuing to use foreign component 
and propulsion systems for the launch vehicles under the evolved 
expendable launch vehicle program.
    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the congressional defense committees a 
report on the assessment conducted under subsection (a).
SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY.

    (a) Report.--Not later than one year after the date of the enactment 
of this Act, and annually thereafter for two years, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report based on all 
available information (including the Counter Space Technology List of 
the Department of State) describing key space technologies that could be 
used, or are being sought, by a foreign country with a counter space or 
ballistic missile program, and should be subject to export controls by 
the United States or an ally of the United States, as appropriate.
    (b) Form.--Each report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

               Subtitle C--Intelligence-Related Activities

SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUPPORT TO 
                        CERTAIN SECURITY ALLIANCES AND REGIONAL 
                        ORGANIZATIONS.

    (a) Authorization.--Section 443(a) of title 10, United States Code, 
is amended by striking ``foreign countries'' and inserting ``foreign 
countries, regional organizations with defense or security components, 
and security alliances of which the United States is a member''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of section 443 of title 
        10, United States Code, is amended by striking ``foreign 
        countries'' and inserting ``foreign countries, regional 
        organizations, and security alliances''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 22 of title 10, United States 
        Code, <<NOTE: 10 USC prec. 441.>> is amended by striking the 
        item relating to section 443 and inserting the following new 
        item:

``443. Imagery intelligence and geospatial information: support for 
           foreign countries, regional organizations, and security 
           alliances.''.

    (c) Reports.--
            (1) In general.--Not later than January 15 during each of 
        2014 and 2015, the Director of the National Geospatial-

[[Page 126 STAT. 1879]]

        Intelligence Agency shall submit to the appropriate 
        congressional committees an annual report on the imagery 
        intelligence or geospatial information support that the Director 
        provided to a regional organization or security alliance under 
        section 443(a) of title 10, United States Code, as amended by 
        subsection (a), during the year covered by the report, including 
        an identification of each such organization or alliance and the 
        number of times such organization or alliance received such 
        intelligence or support.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives and the Select Committee 
                on Intelligence of the Senate.
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME OF 
                        NATIONAL DEFENSE INTELLIGENCE COLLEGE TO 
                        NATIONAL INTELLIGENCE UNIVERSITY.

    (a) Conforming Amendments To Reflect Name Change.--Section 2161 of 
title 10, United States Code, is amended by striking ``National Defense 
Intelligence College'' each place it appears and inserting ``National 
Intelligence University''.
    (b) <<NOTE: 10 USC prec. 2161.>> Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 2161. Degree granting authority for National Intelligence 
                  University''.
            (2) Table of sections.--The item related to such section in 
        the table of sections at the beginning of chapter 108 of such 
        title is amended to read as follows:

``2161. Degree granting authority for National Intelligence 
           University.''.

SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM.

    (a) Review.--The Secretary of the Army shall direct the Army Systems 
Acquisition Review Council to--
            (1) review the Distributed Common Ground System program of 
        the Army; and
            (2) <<NOTE: Reports. Deadline.>> report the results of such 
        review to the congressional defense committees not later than 
        180 days after the date of the enactment of this Act.

    (b) Elements.--The review required under subsection (a) shall 
include--
            (1) an assessment of the current acquisition strategy for 
        the Distributed Common Ground System program of the Army to 
        determine the relevance of such program to the current and 
        emerging needs of the Army, including evolving technology needs 
        and architectural strategies;
            (2) an assessment of the current technology performance to 
        meet existing program requirements, including interoperability, 
        net-readiness, and functional performance for both cloud-enabled 
        and disconnected operations;
            (3) an analysis of competitive procedures that allow new and 
        emerging capabilities, including integration of quick reaction 
        capabilities, to be rapidly integrated into the architecture,

[[Page 126 STAT. 1880]]

        including through the use of product fly-offs using 
        standardized, Government-provided common data sets that allow 
        for equitable comparisons of capabilities;
            (4) an analysis of the current technological path to ensure 
        such path incorporates current best practices from industry and 
        is in concert with the emerging needs and requirements of the 
        Joint Information Environment;
            (5) an assessment of such program to ensure appropriate 
        investments in human systems integration are being made to 
        ensure interface usability;
            (6) an assessment of such program to ensure enterprise 
        knowledge management and training requirements are commensurate 
        with the anticipated force structure of the Army for the decade 
        following the date of the enactment of this Act; and
            (7) recommendations for any changes that may be needed as a 
        result of the review.
SEC. 924. ELECTRO-OPTICAL IMAGERY.

    (a) Identification of Department of Defense Electro-optical 
Satellite Imagery Requirements.--
            (1) Report.--Not later than April 1, 2013, the Chairman of 
        the Joint Requirements Oversight Council shall submit to the 
        Director of the Congressional Budget Office a report setting 
        forth a comprehensive description of Department of Defense 
        peacetime and wartime requirements for electro-optical satellite 
        imagery.
            (2) Scope of requirements.--The requirements under paragraph 
        (1) shall--
                    (A) be expressed in such terms as are necessary, 
                which may include daily regional and global area 
                coverage and number of point targets, resolution, 
                revisit rates, mean-time to access, latency, redundancy, 
                survivability, and diversity; and
                    (B) take into consideration all types of imagery and 
                collection means available.

    (b) Assessment of Identified Requirements.--
            (1) <<NOTE: Deadline. Reports.>> In general.--Not later than 
        September 15, 2013, the Director of the Congressional Budget 
        Office shall submit to the appropriate committees of Congress a 
        report setting forth an assessment by the Director of the report 
        required by subsection (a).
            (2) Elements.--The assessment required by paragraph (1) 
        shall include an assessment of the following:
                    (A) The extent to which the requirements of the 
                Department for electro-optical imagery from space can be 
                satisfied by commercial companies using either--
                          (i) current designs; or
                          (ii) enhanced designs that could be developed 
                      at low risk.
                    (B) The estimated cost and schedule of satisfying 
                such requirements using commercial companies.
            (3) Consultation and other resources.--In preparing the 
        assessment required by paragraph (1), the Director shall--
                    (A) consult widely with officials of the Government, 
                private industry, and academia; and

[[Page 126 STAT. 1881]]

                    (B) make maximum use of existing studies and 
                modeling and simulations.
            (4) Access to information.--The Secretary of Defense shall 
        provide the appropriately cleared staff of the Director of the 
        Congressional Budget Office with such access to information and 
        programs applicable to the assessment required by paragraph (1) 
        as the Director of the Congressional Budget Office shall require 
        for the preparation of the assessment.

    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services and Appropriations and 
        the Select Committee on Intelligence of the Senate; and
            (2) the Committees on Armed Services and Appropriations and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.
SEC. 925. DEFENSE CLANDESTINE SERVICE.

    (a) Prohibition on Use of Funds for Additional Personnel.--
            (1) Prohibition.--Subject to paragraph (2), none of the 
        funds authorized to be appropriated by this Act may be obligated 
        or expended for--
                    (A) civilian personnel in the Department of Defense 
                conducting or supporting human intelligence in excess of 
                the number of such civilian personnel as of April 20, 
                2012; or
                    (B) positions in the Department of Defense served by 
                members of the Armed Forces conducting or supporting 
                human intelligence within the Department of Defense in 
                excess of the number of such positions as of April 20, 
                2012.
            (2) Reduction of civilian personnel.--
                    (A) <<NOTE: Deadline.>> Reduction.--Subject to 
                subparagraph (B), if on the date of the enactment of 
                this Act the number of civilian personnel in the 
                Department of Defense conducting or supporting human 
                intelligence exceeds the number of such personnel as of 
                April 20, 2012, the Secretary of Defense shall, not 
                later than 30 days after the date of the enactment of 
                this Act, take appropriate action to promptly reduce, 
                consistent with reduction-in-force procedures, the total 
                number of such civilian personnel to the number of such 
                civilian personnel as of April 20, 2012.
                    (B) Exception.--For each civilian personnel in the 
                Department of Defense conducting or supporting human 
                intelligence in excess of the number of such civilian 
                personnel as of April 20, 2012, that the Secretary 
                considers necessary to maintain after the date of the 
                enactment of this Act during all or part of fiscal year 
                2013, the Secretary shall submit to the appropriate 
                committees of Congress a comprehensive justification for 
                maintaining such civilian personnel, including the 
                specific role, mission, and responsibilities of such 
                civilian personnel and whether such civilian personnel 
                was employed in another capacity in the Department of 
                Defense immediately prior to beginning the conduct or 
                support of human intelligence.

[[Page 126 STAT. 1882]]

                    (C) Limitation.--Notwithstanding any other provision 
                of this subsection, following the action taken by the 
                Secretary under subparagraph (A), the number of civilian 
                personnel in the Department of Defense conducting or 
                supporting human intelligence for fiscal year 2013 shall 
                not exceed the total of--
                          (i) the number of such civilian personnel as 
                      of April 20, 2012; and
                          (ii) the number of such civilian personnel for 
                      which the Secretary has submitted a justification 
                      under subparagraph (B).

    (b) CAPE Report on Costs.--Not later than 120 days after the date of 
the enactment of this Act, the Director of Cost Assessment and Program 
Evaluation of the Department of Defense, in consultation with the 
Director of National Intelligence, shall submit to the appropriate 
committees of Congress an independent, comprehensive estimate of the 
costs of the Defense Clandestine Service, including an estimate of the 
costs over the period of the current future-years defense program and 
such years occurring after such period as the Director is able to 
reasonably estimate.
    (c) USDI Report on DCS.--
            (1) Report required.--Not later than February 1, 2013, the 
        Under Secretary of Defense for Intelligence shall submit to the 
        appropriate committees of Congress a report on the Defense 
        Clandestine Service.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A detailed description of the location and 
                schedule for current and anticipated deployments of case 
                officers trained under the Field Tradecraft Course and a 
                certification of whether each activity receiving a 
                deployment can accommodate and support the deployment.
                    (B) A statement of the objectives for the effective 
                management of case officers trained under the Field 
                Tradecraft Course. Such objectives shall include an 
                outline of career management tracks commencing with 
                accession, initial training requirement, number of 
                Defense Clandestine Service tours requiring Field 
                Tradecraft Course training, and objectives for 
                management of career tracks, including promotion 
                criteria.
                    (C) A statement of the manner in which each military 
                department and the Defense Intelligence Agency will each 
                achieve the objectives applicable under subparagraph 
                (B).
                    (D) A copy of any memoranda of understanding or 
                memoranda of agreement between the Department of Defense 
                and other departments and agencies of the United States 
                Government, or between components of the Department of 
                Defense, that are required to implement objectives for 
                the Defense Clandestine Service.

    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and

[[Page 126 STAT. 1883]]

                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) Future-years defense program.--The term ``future-years 
        defense program'' means the future-years defense program under 
        section 221 of title 10, United States Code.

                 Subtitle D--Cyberspace-Related Matters

SEC. 931. <<NOTE: Deadlines.>> IMPLEMENTATION STRATEGY FOR JOINT 
                        INFORMATION ENVIRONMENT.

    (a) Implementation Strategy.--Not later than March 31, 2013, the 
Secretary of Defense shall submit to the congressional defense 
committees a strategy for implementing the Joint Information 
Environment. Such strategy shall include--
            (1) a description for the vision for the Joint Information 
        Environment, including a roadmap for achieving such vision from 
        the existing baseline architecture;
            (2) an assessment of the key milestones, metrics, and 
        resources needed to achieve such vision, including the 
        anticipated implementation cost and lifecycle cost savings of 
        the Joint Information Environment;
            (3) a description of the acquisition strategy and management 
        plan for implementing the Joint Information Environment;
            (4) an analysis of the key technical and policy challenges 
        that must be addressed to achieve such vision, including 
        assignment of responsibility for addressing such challenges;
            (5) an identification of dependencies with existing 
        initiatives or programs and capability gaps not currently 
        addressed by funded initiatives or programs; and
            (6) an assessment of the personnel challenges associated 
        with manning, training, operating, defending, and fighting in 
        the Joint Information Environment as a command and control and 
        weapon system.

    (b) Personnel Plan.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Chairman of the Joint Chiefs of Staff, shall submit to the 
congressional defense committees a Department-wide personnel plan for 
making the Joint Information Environment operational. Such personnel 
plan shall be based on the strategy required under subsection (a) and 
shall include a validated Joint Staff requirement for manpower levels 
and the levels required for each of the military departments and combat 
support agencies needed for full spectrum cyber operations, including 
the national cyber defense mission and the operational plans of the 
combatant commands, for each fiscal year across the current future-years 
defense program.
SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM FOR THE 
                        DEPARTMENT OF DEFENSE.

    (a) Strategy for Acquisition of System Required.--The Chief 
Information Officer of the Department of Defense shall, in consultation 
with the Under Secretary of Defense for Acquisition, Technology, and 
Logistics and the Commander of the United States Cyber Command, develop 
a strategy to acquire next-generation

[[Page 126 STAT. 1884]]

host-based cyber security tools and capabilities (in this section 
referred to as a ``next-generation system'') for the Department of 
Defense.
    (b) Elements of System.--It is the sense of Congress that any next-
generation system acquired under the strategy required by subsection (a) 
should meet the following requirements:
            (1) To overcome problems and limitations in current 
        capabilities, the system should not rely on techniques that--
                    (A) cannot address new or rapidly morphing threats;
                    (B) consume substantial amounts of communications 
                capacity to remain current with known threats and to 
                report current status; or
                    (C) consume substantial amounts of resources to 
                store rapidly growing threat libraries.
            (2) The system should provide an open architecture-based 
        framework for so-called ``plug-and-play'' integration of a 
        variety of types of deployable tools, including appropriate 
        commercially available applications, in addition to cyber 
        intrusion detection tools, including tools for--
                    (A) insider threat detection;
                    (B) continuous monitoring and configuration 
                management;
                    (C) remediation following infections; and
                    (D) protection techniques that do not rely on 
                detection of the attack.
            (3) The system should be designed for ease of deployment to 
        potentially millions of host devices of tailored security 
        solutions depending on need and risk, and to be compatible with 
        cloud-based, thin-client, and virtualized environments as well 
        as battlefield devices and weapons systems.

    (c) <<NOTE: Reports.>> Submittal to Congress.--The Chief Information 
Officer shall submit to Congress a report setting forth the strategy 
required by subsection (a) together with the budget justification 
materials of the Department of Defense submitted to Congress with the 
budget of the President for fiscal year 2015 pursuant to section 1105(a) 
of title 31, United States Code.
SEC. 933. <<NOTE: 10 USC 2224 note.>>  IMPROVEMENTS IN ASSURANCE 
                        OF COMPUTER SOFTWARE PROCURED BY THE 
                        DEPARTMENT OF DEFENSE.

    (a) Baseline Software Assurance Policy.--The Under Secretary of 
Defense for Acquisition, Technology, and Logistics, in coordination with 
the Chief Information Officer of the Department of Defense, shall 
develop and implement a baseline software assurance policy for the 
entire lifecycle of covered systems. Such policy shall be included as 
part of the strategy for trusted defense systems of the Department of 
Defense.
    (b) Policy Elements.--The baseline software assurance policy under 
subsection (a) shall--
            (1) require use of appropriate automated vulnerability 
        analysis tools in computer software code during the entire 
        lifecycle of a covered system, including during development, 
        operational testing, operations and sustainment phases, and 
        retirement;
            (2) require covered systems to identify and prioritize 
        security vulnerabilities and, based on risk, determine 
        appropriate remediation strategies for such security 
        vulnerabilities;
            (3) ensure such remediation strategies are translated into 
        contract requirements and evaluated during source selection;

[[Page 126 STAT. 1885]]

            (4) promote best practices and standards to achieve software 
        security, assurance, and quality; and
            (5) support competition and allow flexibility and 
        compatibility with current or emerging software methodologies.

    (c) Verification of Effective Implementation.--The Under Secretary 
of Defense for Acquisition, Technology, and Logistics, in coordination 
with the Chief Information Officer of the Department of Defense, shall--
            (1) collect data on implementation of the policy developed 
        under subsection (a) and measure the effectiveness of such 
        policy, including the particular elements required under 
        subsection (b); and
            (2) identify and promote best practices, tools, and 
        standards for developing and validating assured software for the 
        Department of Defense.

    (d) Briefing on Additional Means of Improving Software 
Assurance. <<NOTE: Deadline.>> --Not later than one year after the date 
of the enactment of this Act, the Under Secretary for Acquisition, 
Technology, and Logistics shall, in coordination with the Chief 
Information Officer of the Department of Defense, provide to the 
congressional defense committees a briefing on the following:
            (1) A research and development strategy to advance 
        capabilities in software assurance and vulnerability detection.
            (2) The state-of-the-art of software assurance analysis and 
        test.
            (3) How the Department might hold contractors liable for 
        software defects or vulnerabilities.

    (e) Definitions.--In this section:
            (1) Covered system.--The term ``covered system'' means any 
        Department of Defense critical information, business, or weapons 
        system that is--
                    (A) a major system, as that term is defined in 
                section 2302(5) of title 10, United States Code;
                    (B) a national security system, as that term is 
                defined in section 3542(b)(2) of title 44, United States 
                Code; or
                    (C) a Department of Defense information system 
                categorized as Mission Assurance Category I in 
                Department of Defense Directive 8500.01E that is funded 
                by the Department of Defense.
            (2) Software assurance.--The term ``software assurance'' 
        means the level of confidence that software functions as 
        intended and is free of vulnerabilities, either intentionally or 
        unintentionally designed or inserted as part of the software, 
        throughout the life cycle.
SEC. 934. <<NOTE: 10 USC 2225 note.>>  COMPETITION IN CONNECTION 
                        WITH DEPARTMENT OF DEFENSE TACTICAL DATA 
                        LINK SYSTEMS.

    (a) <<NOTE: Deadline.>>  Competition in Connection With Tactical 
Data Link Systems.--Not later than December 1, 2013, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall--
            (1) <<NOTE: Inventory.>> develop an inventory of all 
        tactical data link systems in use and in development in the 
        Department of Defense, including interfaces and waveforms;
            (2) <<NOTE: Analysis.>> conduct an analysis of each data 
        link system contained in the inventory under paragraph (1) to 
        determine whether--
                    (A) the upgrade, new deployment, or replacement of 
                such system should be open to competition; or

[[Page 126 STAT. 1886]]

                    (B) the data link should be converted to an open 
                architecture, or a different data link standard should 
                be adopted to enable such competition;
            (3) <<NOTE: Plans.>> for each data link system for which 
        competition is determined advisable under subparagraph (A) or 
        (B) of paragraph (2), develop a plan to achieve such 
        competition, including a plan to address any policy, legal, 
        programmatic, or technical barriers to such competition; and
            (4) for each data link system for which competition is 
        determined not advisable under paragraph (2), prepare an 
        explanation for such determination.

    (b) Earlier Actions.--If the Under Secretary completes any portion 
of the plan described in subsection (a)(3) before December 1, 2013, the 
Secretary may commence action on such portion of the plan upon 
completion of such portion, including publication of such portion of the 
plan.
    (c) Report.--At the same time the budget of the President for fiscal 
year 2015 is submitted to Congress pursuant to section 1105(a) of title 
31, United States Code, the Under Secretary shall submit to the 
congressional defense committees a report on the plans described in 
paragraph (3) of subsection (a), including any explanation prepared 
under paragraph (4) of such subsection.
SEC. 935. <<NOTE: 10 USC 2223 note.>>  COLLECTION AND ANALYSIS OF 
                        NETWORK FLOW DATA.

    (a) Development of Technologies.--The Chief Information Officer of 
the Department of Defense may, in coordination with the Under Secretary 
of Defense for Policy and the Under Secretary of Defense for 
Intelligence and acting through the Director of the Defense Information 
Systems Agency, use the available funding and research activities and 
capabilities of the Community Data Center of the Defense Information 
Systems Agency to develop and demonstrate collection, processing, and 
storage technologies for network flow data that--
            (1) are potentially scalable to the volume used by Tier 1 
        Internet Service Providers to collect and analyze the flow data 
        across their networks;
            (2) will substantially reduce the cost and complexity of 
        capturing and analyzing high volumes of flow data; and
            (3) support the capability--
                    (A) to detect and identify cyber security threats, 
                networks of compromised computers, and command and 
                control sites used for managing illicit cyber operations 
                and receiving information from compromised computers;
                    (B) to track illicit cyber operations for 
                attribution of the source; and
                    (C) to provide early warning and attack assessment 
                of offensive cyber operations.

    (b) Coordination.--Any research and development required in the 
development of the technologies described in subsection (a) shall be 
conducted in cooperation with the heads of other appropriate departments 
and agencies of the Federal Government and, whenever feasible, Tier 1 
Internet Service Providers and other managed security service providers.
SEC. 936. <<NOTE: 10 USC 2223 note.>> COMPETITION FOR LARGE-SCALE 
                        SOFTWARE DATABASE AND DATA ANALYSIS TOOLS.

    (a) Analysis.--

[[Page 126 STAT. 1887]]

            (1) Requirement.--The Secretary of Defense, acting through 
        the Chief Information Officer of the Department of Defense, 
        shall conduct an analysis of large-scale software database tools 
        and large-scale software data analysis tools that could be used 
        to meet current and future Department of Defense needs for 
        large-scale data analytics.
            (2) Elements.--The analysis required under paragraph (1) 
        shall include--
                    (A) an analysis of the technical requirements and 
                needs for large-scale software database and data 
                analysis tools, including prioritization of key 
                technical features needed by the Department of Defense; 
                and
                    (B) an assessment of the available sources from 
                Government and commercial sources to meet such needs, 
                including an assessment by the Deputy Assistant 
                Secretary of Defense for Manufacturing and Industrial 
                Base Policy to ensure sufficiency and diversity of 
                potential commercial sources.
            (3) <<NOTE: Deadline.>> Submission.--Not later than 180 days 
        after the date of the enactment of this Act, the Chief 
        Information Officer shall submit to the congressional defense 
        committees the results of the analysis required under paragraph 
        (1).

    (b) Competition Required.--
            (1) In general.--If, following the analysis required under 
        subsection (a), the Chief Information Officer of the Department 
        of Defense identifies needs for software systems or large-scale 
        software database or data analysis tools, the Department shall 
        acquire such systems or such tools based on market research and 
        using competitive procedures in accordance with applicable law 
        and the Defense Federal Acquisition Regulation Supplement.
            (2) <<NOTE: Deadlines.>> Notification.--If the Chief 
        Information Officer elects to acquire large-scale software 
        database or data analysis tools using procedures other than 
        competitive procedures, the Chief Information Officer and the 
        Under Secretary of Defense for Acquisition, Technology, and 
        Logistics shall submit a written notification to the 
        congressional defense committees on a quarterly basis until 
        September 30, 2018, that describes the acquisition involved, the 
        date the decision was made, and the rationale for not using 
        competitive procedures.
SEC. 937. <<NOTE: 10 USC 2223 note.>>  SOFTWARE LICENSES OF THE 
                        DEPARTMENT OF DEFENSE.

    (a) Plan for Inventory of Licenses.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Chief 
        Information Officer of the Department of the Defense shall, in 
        consultation with the chief information officers of the military 
        departments and the Defense Agencies, issue a plan for the 
        inventory of selected software licenses of the Department of 
        Defense, including a comparison of licenses purchased with 
        licenses installed.
            (2) <<NOTE: Determination.>> Selected software licenses.--
        The Chief Information Officer shall determine the software 
        licenses to be treated as selected software licenses of the 
        Department for purposes of this section. The licenses shall be 
        determined so as to maximize the return on investment in the 
        inventory conducted pursuant to the plan required by paragraph 
        (1).

[[Page 126 STAT. 1888]]

            (3) Plan elements.--The plan under paragraph (1) shall 
        include the following:
                    (A) An identification and explanation of the 
                software licenses determined by the Chief Information 
                Officer under paragraph (2) to be selected software 
                licenses for purposes of this section, and a summary 
                outline of the software licenses determined not to be 
                selected software licenses for such purposes.
                    (B) Means to assess the needs of the Department and 
                the components of the Department for selected software 
                licenses during the two fiscal years following the date 
                of the issuance of the plan.
                    (C) Means by which the Department can achieve the 
                greatest possible economies of scale and cost savings in 
                the procurement, use, and optimization of selected 
                software licenses.

    (b) <<NOTE: Determination.>> Performance Plan.--If the Chief 
Information Officer determines through the inventory conducted pursuant 
to the plan required by subsection (a) that the number of selected 
software licenses of the Department and the components of the Department 
exceeds the needs of the Department for such software licenses, the 
Secretary of Defense shall implement a plan to bring the number of such 
software licenses into balance with the needs of the Department.
SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO 
                        DEPARTMENT OF DEFENSE NETWORKS.

    It is the sense of Congress that the Department of Defense--
            (1) must ensure it maintains full visibility and adequate 
        control of its supply chain, including subcontractors, in order 
        to mitigate supply chain exploitation; and
            (2) needs the authority and capability to mitigate supply 
        chain risks to its information technology systems that fall 
        outside the scope of National Security Systems.
SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS.

    (a) Briefings.--Chapter 23 of title 10, United States Code, is 
amended by inserting after section 483 the following new section:
``Sec. 484. <<NOTE: 10 USC 484.>> Quarterly cyber operations 
                briefings

    ``The Secretary of Defense shall provide to the Committees on Armed 
Services of the House of Representatives and the Senate quarterly 
briefings on all offensive and significant defensive military operations 
in cyberspace carried out by the Department of Defense during the 
immediately preceding quarter.''.
    (b) <<NOTE: Deadline. 10 USC 484 note.>> Initial Briefing.--The 
first briefing required under section 484 of title 10, United States 
Code, as added by subsection (a), shall be provided not later than March 
1, 2013.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 23 of title 10, United States Code, <<NOTE: 10 USC prec. 
480.>> is amended by inserting after the item relating to section 483 
the following new item:

``484. Quarterly cyber operations briefings.''.

SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND.

    It is the sense of Congress that--

[[Page 126 STAT. 1889]]

            (1) there is a serious cyber threat to the national security 
        of the United States and the need to work both offensively and 
        defensively to protect the networks and critical infrastructure 
        of the United States;
            (2) it is important to have a unified command structure in 
        the Department of Defense to direct military operations in 
        cyberspace;
            (3) a change in the status of the United States Cyber 
        Command has implications for the entire Department and the 
        national security of the United States, which require careful 
        consideration;
            (4) Congress expects to be briefed and consulted about any 
        proposal to elevate the United States Cyber Command to a unified 
        command at the time when the Secretary of Defense makes such a 
        proposal and to receive--
                    (A) a clear statement of mission of the United 
                States Cyber Command and related legal definitions;
                    (B) an outline of the specific national security 
                benefits of elevating the sub-unified United States 
                Cyber Command to a unified command;
                    (C) an estimate of the cost of creating a unified 
                United States Cyber Command and a justification of the 
                expenditure; and
                    (D) if the Secretary considers it advisable to 
                continue the designation of the Commander of the United 
                States Cyber Command as also being the Director of the 
                National Security Agency--
                          (i) an explanation of how a single individual 
                      could serve as a commander of a combatant command 
                      that conducts overt, though clandestine, cyber 
                      operations under title 10, United States Code, and 
                      serve as the head of an element of the 
                      intelligence community that conducts covert cyber 
                      operations under the National Security Act of 1947 
                      (50 U.S.C. 401 et seq.) in a manner that affords 
                      deniability to the United States; and
                          (ii) a statement of whether the Secretary 
                      believes it is appropriate either to appoint a 
                      line officer as the Director of the National 
                      Security Agency or to take the unprecedented step 
                      of appointing an intelligence officer as a unified 
                      commander; and
            (5) appropriate policy foundations and standing rules of 
        engagement must be in place before any decision to create a 
        unified United States Cyber Command.
SEC. 941. <<NOTE: 10 USC 2224 note.>>  REPORTS TO DEPARTMENT OF 
                        DEFENSE ON PENETRATIONS OF NETWORKS AND 
                        INFORMATION SYSTEMS OF CERTAIN 
                        CONTRACTORS.

    (a) Procedures for Reporting Penetrations.--The Secretary of Defense 
shall establish procedures that require each cleared defense contractor 
to report to a component of the Department of Defense designated by the 
Secretary for purposes of such procedures when a network or information 
system of such contractor that meets the criteria established pursuant 
to subsection (b) is successfully penetrated.
    (b) Networks and Information Systems Subject to Reporting.--

[[Page 126 STAT. 1890]]

            (1) Criteria.--The Secretary of Defense shall designate a 
        senior official to, in consultation with the officials specified 
        in paragraph (2), establish criteria for covered networks to be 
        subject to the procedures for reporting system penetrations 
        under subsection (a).
            (2) Officials.--The officials specified in this subsection 
        are the following:
                    (A) The Under Secretary of Defense for Policy.
                    (B) The Under Secretary of Defense for Acquisition, 
                Technology, and Logistics.
                    (C) The Under Secretary of Defense for Intelligence.
                    (D) The Chief Information Officer of the Department 
                of Defense.
                    (E) The Commander of the United States Cyber 
                Command.

    (c) Procedure Requirements.--
            (1) Rapid reporting.--The procedures established pursuant to 
        subsection (a) shall require each cleared defense contractor to 
        rapidly report to a component of the Department of Defense 
        designated pursuant to subsection (a) of each successful 
        penetration of the network or information systems of such 
        contractor that meet the criteria established pursuant to 
        subsection (b). Each such report shall include the following:
                    (A) A description of the technique or method used in 
                such penetration.
                    (B) A sample of the malicious software, if 
                discovered and isolated by the contractor, involved in 
                such penetration.
                    (C) A summary of information created by or for the 
                Department in connection with any Department program 
                that has been potentially compromised due to such 
                penetration.
            (2) Access to equipment and information by department of 
        defense personnel.--The procedures established pursuant to 
        subsection (a) shall--
                    (A) include mechanisms for Department of Defense 
                personnel to, upon request, obtain access to equipment 
                or information of a cleared defense contractor necessary 
                to conduct forensic analysis in addition to any analysis 
                conducted by such contractor;
                    (B) provide that a cleared defense contractor is 
                only required to provide access to equipment or 
                information as described in subparagraph (A) to 
                determine whether information created by or for the 
                Department in connection with any Department program was 
                successfully exfiltrated from a network or information 
                system of such contractor and, if so, what information 
                was exfiltrated; and
                    (C) provide for the reasonable protection of trade 
                secrets, commercial or financial information, and 
                information that can be used to identify a specific 
                person.
            (3) Limitation on dissemination of certain information.--The 
        procedures established pursuant to subsection (a) shall prohibit 
        the dissemination outside the Department of Defense of 
        information obtained or derived through such procedures that is 
        not created by or for the Department except with the approval of 
        the contractor providing such information.

    (d) Issuance of Procedures and Establishment of Criteria.--

[[Page 126 STAT. 1891]]

            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act--
                    (A) the Secretary of Defense shall establish the 
                procedures required under subsection (a); and
                    (B) the senior official designated under subsection 
                (b)(1) shall establish the criteria required under such 
                subsection.
            (2) Applicability date.--The requirements of this section 
        shall apply on the date on which the Secretary of Defense 
        establishes the procedures required under this section.

    (e) Definitions.--In this section:
            (1) Cleared defense contractor.--The term ``cleared defense 
        contractor'' means a private entity granted clearance by the 
        Department of Defense to access, receive, or store classified 
        information for the purpose of bidding for a contract or 
        conducting activities in support of any program of the 
        Department of Defense.
            (2) Covered network.--The term ``covered network'' means a 
        network or information system of a cleared defense contractor 
        that contains or processes information created by or for the 
        Department of Defense with respect to which such contractor is 
        required to apply enhanced protection.

                        Subtitle E--Other Matters

SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF JOINT 
                        CHIEFS OF STAFF AND JOINT REQUIREMENTS 
                        OVERSIGHT COUNCIL.

    (a) Amendments Related to Chairman of Joint Chiefs of Staff.--
Section 153(a)(4) of title 10, United States Code, is amended by 
striking subparagraph (F) and inserting the following new subparagraphs:
            ``(F) Identifying, assessing, and approving military 
        requirements (including existing systems and equipment) to meet 
        the National Military Strategy.
            ``(G) Recommending to the Secretary appropriate trade-offs 
        among life-cycle cost, schedule, and performance objectives, and 
        procurement quantity objectives, to ensure that such trade-offs 
        are made in the acquisition of materiel and equipment to support 
        the strategic and contingency plans required by this subsection 
        in the most effective and efficient manner.''.

    (b) Amendments Related to JROC.--Section 181(b) of such title is 
amended--
            (1) in paragraph (1)(C), by striking ``in ensuring'' and all 
        that follows through ``requirements'' and inserting the 
        following: ``in ensuring that appropriate trade-offs are made 
        among life-cycle cost, schedule, and performance objectives, and 
        procurement quantity objectives, in the establishment and 
        approval of military requirements''; and
            (2) in paragraph (3), by striking ``such resource level'' 
        and inserting ``the total cost of such resources''.

    (c) Amendments Related to Chiefs of Armed Forces.--Section 2547(a) 
of such title is amended--
            (1) in paragraph (1), by striking ``of requirements relating 
        to the defense acquisition system'' and inserting ``of 
        requirements for equipping the armed force concerned'';

[[Page 126 STAT. 1892]]

            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) The recommendation of trade-offs among life-cycle 
        cost, schedule, and performance objectives, and procurement 
        quantity objectives, to ensure acquisition programs deliver best 
        value in meeting the approved military requirements.
            ``(4) Termination of development or procurement programs for 
        which life-cycle cost, schedule, and performance expectations 
        are no longer consistent with approved military requirements and 
        levels of priority, or which no longer have approved military 
        requirements.''.
SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN OF THE 
                        JOINT CHIEFS OF STAFF REGARDING THE 
                        NATIONAL MILITARY STRATEGY.

    (a) In General.--Subsection (b) of section 153 of title 10, United 
States Code, is amended to read as follows:
    ``(b) National Military Strategy.--
            ``(1) <<NOTE: Determination.>> National military strategy.--
        (A) The Chairman shall determine each even-numbered year whether 
        to prepare a new National Military Strategy in accordance with 
        this subparagraph or to update a strategy previously prepared in 
        accordance with this subsection. The Chairman shall complete 
        preparation of the National Military Strategy or update in time 
        for transmittal to Congress pursuant to paragraph (3), including 
        in time for inclusion of the report of the Secretary of Defense, 
        if any, under paragraph (4).
            ``(B) Each National Military Strategy (or update) under this 
        paragraph shall be based on a comprehensive review conducted by 
        the Chairman in conjunction with the other members of the Joint 
        Chiefs of Staff and the commanders of the unified and specified 
        combatant commands.
            ``(C) Each National Military Strategy (or update) submitted 
        under this paragraph shall describe how the military will 
        achieve the objectives of the United States as articulated in--
                    ``(i) the most recent National Security Strategy 
                prescribed by the President pursuant to section 108 of 
                the National Security Act of 1947 (50 U.S.C. 404a);
                    ``(ii) the most recent annual report of the 
                Secretary of Defense submitted to the President and 
                Congress pursuant to section 113 of this title;
                    ``(iii) the most recent Quadrennial Defense Review 
                conducted by the Secretary of Defense pursuant to 
                section 118 of this title; and
                    ``(iv) any other national security or defense 
                strategic guidance issued by the President or the 
                Secretary of Defense.
            ``(D) Each National Military Strategy (or update) submitted 
        under this paragraph shall identify--
                    ``(i) the United States military objectives and the 
                relationship of those objectives to the strategic 
                environment and to the threats required to be described 
                under subparagraph (E);

[[Page 126 STAT. 1893]]

                    ``(ii) the operational concepts, missions, tasks, or 
                activities necessary to support the achievement of the 
                objectives identified under clause (i);
                    ``(iii) the fiscal, budgetary, and resource 
                environments and conditions that, in the assessment of 
                the Chairman, affect the strategy; and
                    ``(iv) the assumptions made with respect to each of 
                clauses (i) through (iii).
            ``(E) Each National Military Strategy (or update) submitted 
        under this paragraph shall also include a description of--
                    ``(i) the strategic environment and the 
                opportunities and challenges that affect United States 
                national interests and United States national security;
                    ``(ii) the threats, such as international, regional, 
                transnational, hybrid, terrorism, cyber attack, weapons 
                of mass destruction, asymmetric challenges, and any 
                other categories of threats identified by the Chairman, 
                to the United States national security;
                    ``(iii) the implications of current force planning 
                and sizing constructs for the strategy;
                    ``(iv) the capacity, capabilities, and availability 
                of United States forces (including both the active and 
                reserve components) to support the execution of missions 
                required by the strategy;
                    ``(v) areas in which the armed forces intends to 
                engage and synchronize with other departments and 
                agencies of the United States Government contributing to 
                the execution of missions required by the strategy;
                    ``(vi) areas in which the armed forces could be 
                augmented by contributions from alliances (such as the 
                North Atlantic Treaty Organization), international 
                allies, or other friendly nations in the execution of 
                missions required by the strategy;
                    ``(vii) the requirements for operational contractor 
                support to the armed forces for conducting security 
                force assistance training, peacekeeping, overseas 
                contingency operations, and other major combat 
                operations under the strategy; and
                    ``(viii) the assumptions made with respect to each 
                of clauses (i) through (vii).
            ``(F) Each update to a National Military Strategy under this 
        paragraph shall address only those parts of the most recent 
        National Military Strategy for which the Chairman determines, on 
        the basis of a comprehensive review conducted in conjunction 
        with the other members of the Joint Chiefs of Staff and the 
        commanders of the combatant commands, that a modification is 
        needed.
            ``(2) <<NOTE: Deadline.>> Risk assessment.--(A) The Chairman 
        shall prepare each year an assessment of the risks associated 
        with the most current National Military Strategy (or update) 
        under paragraph (1). The risk assessment shall be known as the 
        `Risk Assessment of the Chairman of the Joint Chiefs of Staff'. 
        The Chairman shall complete preparation of the Risk Assessment 
        in time for transmittal to Congress pursuant to paragraph (3), 
        including in time for inclusion of the report of the Secretary 
        of Defense, if any, under paragraph (4).
            ``(B) The Risk Assessment shall do the following:

[[Page 126 STAT. 1894]]

                    ``(i) As the Chairman considers appropriate, update 
                any changes to the strategic environment, threats, 
                objectives, force planning and sizing constructs, 
                assessments, and assumptions that informed the National 
                Military Strategy required by this section.
                    ``(ii) Identify and define the strategic risks to 
                United States interests and the military risks in 
                executing the missions of the National Military 
                Strategy.
                    ``(iii) Identify and define levels of risk 
                distinguishing between the concepts of probability and 
                consequences, including an identification of what 
                constitutes `significant' risk in the judgment of the 
                Chairman.
                    ``(iv)(I) Identify and assess risk in the National 
                Military Strategy by category and level and the ways in 
                which risk might manifest itself, including how risk is 
                projected to increase, decrease, or remain stable over 
                time; and
                    ``(II) for each category of risk, assess the extent 
                to which current or future risk increases, decreases, or 
                is stable as a result of budgetary priorities, 
                tradeoffs, or fiscal constraints or limitations as 
                currently estimated and applied in the most current 
                future-years defense program under section 221 of this 
                title.
                    ``(v) Identify and assess risk associated with the 
                assumptions or plans of the National Military Strategy 
                about the contributions or support of--
                          ``(I) other departments and agencies of the 
                      United States Government (including their 
                      capabilities and availability);
                          ``(II) alliances, allies, and other friendly 
                      nations (including their capabilities, 
                      availability, and interoperability); and
                          ``(III) contractors.
                    ``(vi) Identify and assess the critical deficiencies 
                and strengths in force capabilities (including manpower, 
                logistics, intelligence, and mobility support) 
                identified during the preparation and review of the 
                contingency plans of each unified combatant command, and 
                identify and assess the effect of such deficiencies and 
                strengths for the National Military Strategy.
            ``(3) Submittal of national military strategy and risk 
        assessment to congress.-- <<NOTE: Deadlines.>> (A) Not later 
        than February 15 of each even-numbered year, the Chairman shall, 
        through the Secretary of Defense, submit to the Committees on 
        Armed Services of the Senate and the House of Representatives 
        the National Military Strategy or update, if any, prepared under 
        paragraph (1) in such year.
            ``(B) Not later than February 15 each year, the Chairman 
        shall, through the Secretary of Defense, submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives the Risk Assessment prepared under paragraph (2) 
        in such year.
            ``(4) Secretary of defense reports to congress.--(A) In 
        transmitting a National Military Strategy (or update) or Risk 
        Assessment to Congress pursuant to paragraph (3), the Secretary 
        of Defense shall include in the transmittal such comments of the 
        Secretary thereon, if any, as the Secretary considers 
        appropriate.

[[Page 126 STAT. 1895]]

            ``(B) If the Risk Assessment transmitted under paragraph (3) 
        in a year includes an assessment that a risk or risks associated 
        with the National Military Strategy (or update) are significant, 
        or that critical deficiencies in force capabilities exist for a 
        contingency plan described in paragraph (2)(B)(vi), the 
        Secretary shall include in the transmittal of the Risk 
        Assessment the plan of the Secretary for mitigating such risk or 
        deficiency. <<NOTE: Plans.>> A plan for mitigating risk of 
        deficiency under this subparagraph shall--
                    ``(i) address the risk assumed in the National 
                Military Strategy (or update) concerned, and the 
                additional actions taken or planned to be taken to 
                address such risk using only current technology and 
                force structure capabilities; and
                    ``(ii) specify, for each risk addressed, the extent 
                of, and a schedule for expected mitigation of, such 
                risk, and an assessment of the potential for residual 
                risk, if any, after mitigation.''.

    (b) Conforming Amendment.--Such section is further amended by 
striking subsection (d).
SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE REIMBURSEMENT 
                        OF COSTS OF ACTIVITIES FOR NONGOVERNMENTAL 
                        PERSONNEL AT DEPARTMENT OF DEFENSE 
                        REGIONAL CENTERS FOR SECURITY STUDIES.

    Paragraph (1) of section 941(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 
U.S.C. 184 note) is amended by striking ``through 2012'' and inserting 
``through 2013''.
SEC. 954. NATIONAL LANGUAGE SERVICE CORPS.

    (a) Charter for National Language Service Corps.--The David L. Boren 
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is 
amended by adding at the end the following new section:
``SEC. 813. <<NOTE: 50 USC 1913.>> NATIONAL LANGUAGE SERVICE 
                        CORPS.

    ``(a) Establishment.--(1) The Secretary of Defense may establish and 
maintain within the Department of Defense a National Language Service 
Corps (in this section referred to as the `Corps').
    ``(2) The purpose of the Corps is to provide a pool of 
nongovernmental personnel with foreign language skills who, as provided 
in regulations prescribed under this section, agree to provide foreign 
language services to the Department of Defense or another department or 
agency of the United States.
    ``(b) National Security Education Board.--If the Secretary 
establishes the Corps, the Secretary shall provide for the National 
Security Education Board to oversee and coordinate the activities of the 
Corps to such extent and in such manner as determined by the Secretary 
under paragraph (9) of section 803(d).
    ``(c) Membership.--To be eligible for membership in the Corps, a 
person must be a citizen of the United States authorized by law to be 
employed in the United States, have attained the age of 18 years, and 
possess such foreign language skills as the Secretary considers 
appropriate for membership in the Corps.
    ``(d) Training.--The Secretary may provide members of the Corps such 
training as the Secretary prescribes for purposes of this section.

[[Page 126 STAT. 1896]]

    ``(e) <<NOTE: Determination.>> Service.--Upon a determination that 
it is in the national interests of the United States, the Secretary 
shall call upon members of the Corps to provide foreign language 
services to the Department of Defense or another department or agency of 
the United States. If a member of the Corps is, as of the time of such 
determination, employed by or performing under a contract for an element 
of another Federal agency, the Secretary shall first obtain the 
concurrence of the head of that agency.

    ``(f) Funding.--The Secretary may impose fees, in amounts up to 
full-cost recovery, for language services and technical assistance 
rendered by members of the Corps. Amounts of fees received under this 
section shall be credited to the account of the Department providing 
funds for any costs incurred by the Department in connection with the 
Corps. Amounts so credited to such account shall be merged with amounts 
in such account, and shall be available to the same extent, and subject 
to the same conditions and limitations, as amounts in such account. Any 
amounts so credited shall remain available until expended.''.
    (b) National Security Education Board Matters.--
            (1) Composition.--Subsection (b) of section 803 of such Act 
        (50 U.S.C. 1903) is amended--
                    (A) by striking paragraph (5);
                    (B) by redesignating paragraphs (6) and (7) as 
                paragraphs (8) and (9), respectively; and
                    (C) by inserting after paragraph (4) the following 
                new paragraphs:
            ``(5) The Secretary of Homeland Security.
            ``(6) The Secretary of Energy.
            ``(7) The Director of National Intelligence.''.
            (2) Functions.--Subsection (d) of such section is amended by 
        adding at the end the following new paragraph:
            ``(9) To the extent provided by the Secretary of Defense, 
        oversee and coordinate the activities of the National Language 
        Service Corps under section 813, including--
                    ``(A) assessing on a periodic basis whether the 
                Corps is addressing the needs identified by the heads of 
                departments and agencies of the Federal Government for 
                personnel with skills in various foreign languages;
                    ``(B) recommending plans for the Corps to address 
                foreign language shortfalls and requirements of the 
                departments and agencies of the Federal Government;
                    ``(C) recommending effective ways to increase public 
                awareness of the need for foreign languages skills and 
                career paths in the Federal Government that use those 
                skills; and
                    ``(D) overseeing the Corps efforts to work with 
                Executive agencies and State and Local governments to 
                respond to interagency plans and agreements to address 
                overall foreign language shortfalls and to utilize 
                personnel to address the various types of crises that 
                warrant foreign language skills.''.
SEC. 955. <<NOTE: 10 USC 129a note.>> SAVINGS TO BE ACHIEVED IN 
                        CIVILIAN PERSONNEL WORKFORCE AND SERVICE 
                        CONTRACTOR WORKFORCE OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Required Plan.--

[[Page 126 STAT. 1897]]

            (1) In general.--The Secretary of Defense shall ensure that 
        the civilian personnel workforce and service contractor 
        workforce of the Department of Defense are appropriately sized 
        to support and execute the National Military Strategy, taking 
        into account military personnel and force structure 
        levels. <<NOTE: Deadline.>> Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall develop and begin to execute an efficiencies plan for the 
        civilian personnel workforce and service contractor workforce of 
        the Department of Defense.
            (2) Consistency with other policies and procedures.--The 
        Secretary shall ensure the plan required under this subsection 
        is consistent with the policies and procedures required under 
        section 129a of title 10, United States Code, as implemented 
        under the policies issued by the Under Secretary of Defense for 
        Personnel and Readiness for determining the most appropriate and 
        cost-efficient mix of military, civilian, and service contractor 
        personnel to perform the missions of the Department of Defense.

    (b) Savings.--The plan required under subsection (a) shall achieve 
savings in the total funding for each workforce covered by such plan 
over the period from fiscal year 2012 through fiscal year 2017 that are 
not less, as a percentage of such funding, than the savings in funding 
for basic military personnel pay achieved from reductions in military 
end strengths over the same period of time.
    (c) Exclusions.--In developing and implementing the plan required by 
subsection (a) and achieving the savings percentages required by 
subsection (b), the Secretary of Defense may exclude expenses related to 
the performance of functions identified as core or critical to the 
mission of the Department, consistent with the workload analysis and 
risk assessments required by sections 129 and 129a of title 10, United 
States Code. In making a determination of core or critical functions, 
the Secretary shall consider at least the following:
            (1) Civilian personnel expenses for personnel as follows:
                    (A) Personnel in Mission Critical Occupations, as 
                defined by the Civilian Human Capital Strategic Plan of 
                the Department of Defense and the Acquisition Workforce 
                Plan of the Department of Defense.
                    (B) Personnel employed at facilities providing core 
                logistics capabilities pursuant to section 2464 of title 
                10, United States Code.
                    (C) Personnel in the Offices of the Inspectors 
                General of the Department of Defense.
            (2) Service contractor expenses for personnel as follows:
                    (A) Personnel performing maintenance and repair of 
                military equipment.
                    (B) Personnel providing medical services.
                    (C) Personnel performing financial audit services.
            (3) Personnel expenses for personnel in the civilian 
        personnel workforce or service contractor workforce performing 
        such other critical functions as may be identified by the 
        Secretary as requiring exemption in the interest of the national 
        defense.

    (d) Reports.--
            (1) Initial report.--Not later than 120 days after the date 
        of the enactment of this Act, the Secretary of Defense

[[Page 126 STAT. 1898]]

        shall submit to the congressional defense committees a report 
        including a comprehensive description of the plan required by 
        subsection (a).
            (2) Status reports.--As part of the budget submitted by the 
        President to Congress for each of fiscal years 2015 through 
        2018, the Secretary shall include a report describing the 
        implementation of the plan during the prior fiscal year and any 
        modifications to the plan required due to changing 
        circumstances. Each such report shall include a summary of the 
        savings achieved in such prior fiscal year through reductions in 
        the military, civilian, and service contractor personnel 
        workforces, and the number of military, civilian, and service 
        contractor personnel reduced. In any case in which savings fall 
        short of the annual target, the report shall include an 
        explanation of the reasons for such shortfall.
            (3) Exclusions.--Each report under paragraphs (1) and (2) 
        shall specifically identify any exclusion granted by the 
        Secretary under subsection (c) in the period of time covered by 
        the report.

    (e) Limitation on Transfers of Functions.--The Secretary shall 
ensure that the savings required by this section are not achieved 
through unjustified transfers of functions between or among the 
military, civilian, and service contractor personnel workforces of the 
Department of Defense. Nothing in this section shall be construed to 
preclude the Secretary from exercising authority available to the 
Department under sections 129a, 2330a, 2461, and 2463 of title 10, 
United States Code.
    (f) Sense of Congress.--It is the sense of Congress that an amount 
equal to 30 percent of the amount of the reductions in appropriated 
funds attributable to reduced budgets for the civilian and service 
contractor workforces of the Department by reason of the plan required 
by subsection (a) should be made available for costs of assisting 
military personnel separated from the Armed Forces in the transition 
from military service.
    (g) Service Contractor Workforce Defined.--In this section, the term 
``service contractor workforce'' means contractor employees performing 
contract services, as defined in section 2330(c)(2) of title 10, United 
States Code, other than contract services that are funded out of amounts 
available for overseas contingency operations.
    (h) Comptroller General Review and Report.--For each fiscal year 
from fiscal year 2015 through fiscal year 2018, the Comptroller General 
of the United States shall review the status reports submitted by the 
Secretary as required by subsection (d)(2) to determine whether the 
savings required by subsection (b) are being achieved in the civilian 
personnel workforce and the service contractor workforce and whether the 
plan required under subsection (a) is being implemented consistent with 
sourcing and workforce management laws, including sections 129, 129a, 
2330a, 2461, and 2463 of title 10, United States Code. The Comptroller 
General shall submit a report on the findings of each review to the 
congressional defense committees not later than 120 days after the end 
of each fiscal year covered by this subsection.

[[Page 126 STAT. 1899]]

SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL 
                        HIRING FOLLOWING COMPLETION OF NATIONAL 
                        SECURITY EDUCATION PROGRAM SCHOLARSHIP.

     Section 802(k) of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1902(k)) is amended to read as follows:
    ``(k) Employment of Program Participants.--
            ``(1) Appointment authority.--The Secretary of Defense, the 
        Secretary of Homeland Security, the Secretary of State, or the 
        head of a Federal agency or office identified by the Secretary 
        of Defense under subsection (g) as having national security 
        responsibilities--
                    ``(A) may, without regard to any provision of title 
                5, United States Code, governing appointments in the 
                competitive service, appoint an eligible program 
                participant--
                          ``(i) to a position in the excepted service 
                      that is certified by the Secretary of Defense 
                      under clause (i) of subsection (b)(2)(A) as 
                      contributing to the national security of the 
                      United States; or
                          ``(ii) subject to clause (ii) of such 
                      subsection, to a position in the excepted service 
                      in such Federal agency or office identified by the 
                      Secretary; and
                    ``(B) may, upon satisfactory completion of two years 
                of substantially continuous service by an incumbent who 
                was appointed to an excepted service position under the 
                authority of subparagraph (A), convert the appointment 
                of such individual, without competition, to a career or 
                career-conditional appointment.
            ``(2) Treatment of certain service.--In the case of an 
        eligible program participant described in clause (ii) or (iii) 
        of paragraph (3)(C) who receives an appointment under paragraph 
        (1)(A), the head of a Department or Federal agency or office 
        referred to in paragraph (1) may count any period that the 
        individual served in a position with the Federal Government 
        toward satisfaction of the service requirement under paragraph 
        (1)(B) if that service--
                    ``(A) in the case of an appointment under clause (i) 
                of paragraph (1)(A), was in a position that is 
                identified under clause (i) of subsection (b)(2)(A) as 
                contributing to the national security of the United 
                States; or
                    ``(B) in the case of an appointment under clause 
                (ii) of paragraph (1)(A), was in the Federal agency or 
                office in which the appointment under that clause is 
                made.
            ``(3) Eligible program participant defined.--In this 
        subsection, the term `eligible program participant' means an 
        individual who--
                    ``(A) has successfully completed an academic program 
                for which a scholarship or fellowship under this section 
                was awarded;
                    ``(B) has not previously been appointed to the 
                excepted service position under paragraph (1)(A); and
                    ``(C) at the time of the appointment of the 
                individual to an excepted service position under 
                paragraph (1)(A)--
                          ``(i) under the terms of the agreement for 
                      such scholarship or fellowship, owes a service 
                      commitment

[[Page 126 STAT. 1900]]

                      to a Department or Federal agency or office 
                      referred to in paragraph (1);
                          ``(ii) is employed by the Federal Government 
                      under a non-permanent appointment to a position in 
                      the excepted service that has national security 
                      responsibilities; or
                          ``(iii) is a former civilian employee of the 
                      Federal Government who has less than a one-year 
                      break in service from the last period of Federal 
                      employment of such individual in a non-permanent 
                      appointment in the excepted service with national 
                      security responsibilities.''.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded 
           priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security 
           Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of 
           budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of 
           Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting 
           requirements, thresholds, and statutory and regulatory 
           requirements resulting from unqualified audit opinion of 
           Department of Defense financial statements.

                   Subtitle B--Counter-Drug Activities

Sec. 1008. Extension of the authority to establish and operate National 
           Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and 
           Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and 
           counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide 
           support to law enforcement agencies conducting counter-
           terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of 
           support for counter-drug activities to certain foreign 
           governments.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1013. Policy relating to major combatant vessels of the strike 
           forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval 
           vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017.  Sense of Congress on recapitalization for the Navy and Coast 
           Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval 
           vessels.

                      Subtitle D--Counterterrorism

Sec. 1021. Extension of authority to make rewards for combating 
           terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities 
           in the United States to house detainees transferred from 
           United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States 
           Naval Station, Guantanamo Bay, Cuba, who have been 
           transferred to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of 
           individuals captured outside Afghanistan pursuant to the 
           Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals 
           detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the 
           Detention Facility at Parwan, Afghanistan.

[[Page 126 STAT. 1901]]

Sec. 1027. Prohibition on the use of funds for the transfer or release 
           of individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of 
           detainees at United States Naval Station, Guantanamo Bay, 
           Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.

                       Subtitle E--Nuclear Forces

Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization 
           of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile 
           reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other 
           countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended 
           deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United 
           States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear 
           Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the 
           National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic 
           delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic 
           missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for 
           certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces 
           against certain tunnel sites and on nuclear weapons program 
           of the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western 
           Pacific region.

          Subtitle F--Miscellaneous Authorities and Limitations

Sec. 1051. Expansion of authority of the Secretary of the Army to loan 
           or donate excess non-automatic service rifles for funeral and 
           other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected 
           vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense 
           nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees 
           to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft 
           supporting the Blue Devil intelligence, surveillance, and 
           reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on 
           the individual right to lawfully acquire, possess, own, 
           carry, and otherwise use privately owned firearms, 
           ammunition, and other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift 
           aircraft for general support and time sensitive/mission 
           critical direct support airlift missions of the Department of 
           Defense.

                     Subtitle G--Studies and Reports

Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology 
           relating to weapons of mass destruction and the threat posed 
           by weapons of mass destruction, ballistic missiles, and 
           cruise missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval 
           Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United 
           States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation 
           capabilities to support the maturation of hypersonic 
           technologies for future defense systems development.

[[Page 126 STAT. 1902]]

                        Subtitle H--Other Matters

Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 
           20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of 
           classified information.
Sec. 1081. Technical amendments to repeal statutory references to United 
           States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are 
           graduates of United States educational institutions with 
           advanced degrees in science, technology, engineering, and 
           mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of 
           title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire 
           suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the 
           Federal Government.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) <<NOTE: Determinations.>> Authority.--Upon determination 
        by the Secretary of Defense that such action is necessary in the 
        national interest, the Secretary may transfer amounts of 
        authorizations made available to the Department of Defense in 
        this division for fiscal year 2013 between any such 
        authorizations for that fiscal year (or any subdivisions 
        thereof). Amounts of authorizations so transferred shall be 
        merged with and be available for the same purposes as the 
        authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by subsection (a) to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).

[[Page 126 STAT. 1903]]

SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to the 
vote on passage in the House acting first on the conference report or 
amendment between the Houses.
SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON UNFUNDED 
                          PRIORITIES.

    It is the sense of Congress that--
            (1) <<NOTE: Deadline. Lists.>> not later than 45 days after 
        the submittal to Congress of the budget for a fiscal year under 
        section 1105(a) of title 31, United States Code, each officer 
        specified in paragraph (2) should, through the Chairman of the 
        Joint Chiefs of Staff and the Secretary of Defense, submit to 
        the congressional defense committees a list of any priority 
        military programs or activities under the jurisdiction of such 
        officer for which, in the estimate of such officer additional 
        funds, if available, would substantially reduce operational or 
        programmatic risk or accelerate the creation or fielding of a 
        critical military capability;
            (2) the officers specified in this paragraph are--
                    (A) the Chief of Staff of the Army;
                    (B) the Chief of Naval Operations;
                    (C) the Chief of Staff of the Air Force;
                    (D) the Commandant of the Marine Corps; and
                    (E) the Commander of the United States Special 
                Operations Command; and
            (3) each list, if any, under paragraph (1) should set forth 
        for each military program or activity on such list--
                    (A) a description of such program or activity;
                    (B) a summary description of the justification for 
                or objectives of additional funds, if available for such 
                program or activity; and
                    (C) the additional amount of funds recommended in 
                connection with the justification or objectives 
                described for such program or activity under 
                subparagraph (B).
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL NUCLEAR 
                          SECURITY ADMINISTRATION TO SUSTAIN 
                          NUCLEAR WEAPONS MODERNIZATION.

    (a) Transfer Authorized.--If the amount authorized to be 
appropriated for the weapons activities of the National Nuclear Security 
Administration for fiscal year 2013 in section 3101 is less than 
$7,900,000,000 (the amount projected to be required for such activities 
in fiscal year 2013 as specified in the report under section 1251 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2549)), the Secretary of Defense may transfer, from 
amounts authorized to be appropriated for the Department of Defense for 
fiscal year 2013 pursuant to this Act, to the Secretary of Energy an 
amount, not to exceed $150,000,000, to be available only for weapons 
activities of the National Nuclear Security Administration.

[[Page 126 STAT. 1904]]

    (b) Notice to Congress.--In the event of a transfer under subsection 
(a), the Secretary of Defense shall promptly notify Congress of the 
transfer, and shall include in such notice the Department of Defense 
account or accounts from which funds are transferred.
    (c) Transfer Mechanism.--Any funds transferred under this section 
shall be transferred in accordance with established procedures for 
reprogramming under section 1001 or successor provisions of law.
    (d) Construction of Authority.--The transfer authority provided 
under subsection (a) is in addition to any other transfer authority 
provided under this Act.
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATEMENTS OF 
                          BUDGETARY RESOURCES.

    (a) Objective.--Section 1003(a)(2)(A)(ii) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2439; 10 U.S.C. 2222 note) is amended by inserting ``, and the statement 
of budgetary resources of the Department of Defense is validated as 
ready for audit by not later than September 30, 2014'' after ``September 
30, 2017''.
    (b) <<NOTE: 10 USC 2222 note. Deadline.>>  Affordable and 
Sustainable Approach.--
            (1) In general.--The Chief Management Officer of the 
        Department of Defense and the Chief Management Officers of each 
        of the military departments shall ensure that plans to achieve 
        an auditable statement of budgetary resources of the Department 
        of Defense by September 30, 2014, include appropriate steps to 
        minimize one-time fixes and manual work-arounds, are sustainable 
        and affordable, and will not delay full auditability of 
        financial statements.
            (2) <<NOTE: Time period.>> Additional elements in fiar plan 
        report.--Each semi-annual report on the Financial Improvement 
        and Audit Readiness Plan of the Department of Defense submitted 
        by the Under Secretary of Defense (Comptroller) under section 
        1003(b) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 
        note) during the period beginning on the date of the enactment 
        of this Act and ending on September 30, 2014, shall include the 
        following:
                    (A) A description of the actions taken by the 
                military departments pursuant to paragraph (1).
                    (B) A determination by the Chief Management Officer 
                of each military department whether or not such military 
                department is able to achieve an auditable statement of 
                budgetary resources by September 30, 2014, without an 
                unaffordable or unsustainable level of one-time fixes 
                and manual work-arounds and without delaying the full 
                auditability of the financial statements of such 
                military department.
                    (C) If the Chief Management Officer of a military 
                department determines under subparagraph (B) that the 
                military department is not able to achieve an auditable 
                statement of budgetary resources by September 30, 2014, 
                as described in that subparagraph--
                          (i) an explanation why the military department 
                      is unable to meet the deadline;

[[Page 126 STAT. 1905]]

                          (ii) an alternative deadline by which the 
                      military department will achieve an auditable 
                      statement of budgetary resources; and
                          (iii) a description of the plan of the 
                      military department for meeting the alternative 
                      deadline.
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPARTMENT OF 
                          DEFENSE AT THE END OF FISCAL YEAR 2012.

    Not <<NOTE: Web posting. Public information.>> later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress, and publish on the Internet website of the 
Department of Defense available to the public, the following:
            (1) The total dollar amount of all balances carried forward 
        by the Department of Defense at the end of fiscal year 2012 by 
        account.
            (2) The total dollar amount of all unobligated balances 
        carried forward by the Department of Defense at the end of 
        fiscal year 2012 by account.
            (3) The total dollar amount of any balances (both obligated 
        and unobligated) that have been carried forward by the 
        Department of Defense for five years or more as of the end of 
        fiscal year 2012 by account.
SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING OF REPORTING 
                          REQUIREMENTS, THRESHOLDS, AND STATUTORY 
                          AND REGULATORY REQUIREMENTS RESULTING 
                          FROM UNQUALIFIED AUDIT OPINION OF 
                          DEPARTMENT OF DEFENSE FINANCIAL 
                          STATEMENTS.

    Not <<NOTE: Lists.>> later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense (Comptroller) 
shall submit to the congressional defense committees a report setting 
forth, in the opinion of the Under Secretary, the following:
            (1) A list of reports currently required by law to be 
        submitted by the Department of Defense to Congress that would be 
        no longer necessary if the financial statements of the 
        Department of Defense were audited with an unqualified opinion.
            (2) A list of each statutory and regulatory requirement that 
        would be no longer necessary if the financial statements of the 
        Department of defense were audited with an unqualified opinion.
            (3) A list of each statutory and regulatory requirement that 
        could be revised and streamlined if the financial statement of 
        the Department of Defense were audited with an unqualified 
        opinion.

                   Subtitle B--Counter-Drug Activities

SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND OPERATE 
                          NATIONAL GUARD COUNTERDRUG SCHOOLS.

    Section 901 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3536; 32 
U.S.C. 112 note) is amended--
            (1) in subsection (c)--
                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2) through (5) as paragraphs (1) through 
                (4), respectively; and
                    (B) by adding at the end the following new 
                paragraph:

[[Page 126 STAT. 1906]]

            ``(5) The Western Regional Counterdrug Training Center, Camp 
        Murray, Washington.'';
            (2) by striking subsection (f) and inserting the following 
        new subsection (f):

    ``(f) Annual Report on Activities.--Not later than February 1 each 
year, the Secretary of Defense shall submit to Congress a report on the 
activities of the National Guard counterdrug schools during the 
preceding year. Each such report shall set forth a description of the 
activities of each National Guard counterdrug school for the fiscal year 
preceding the fiscal year during which the report is submitted, 
including--
            ``(1) the amount of funding made available and the 
        appropriation account for each National Guard counterdrug school 
        during such fiscal year;
            ``(2) the cumulative amount of funding made available for 
        each National Guard counterdrug school during five fiscal years 
        preceding such fiscal year;
            ``(3) a description of the curriculum and training used at 
        each National Guard counterdrug school;
            ``(4) a description of how the activities conducted at each 
        National Guard counterdrug school fulfilled Department of 
        Defense counterdrug mission;
            ``(5) a list of the entities described in subsection (b) 
        whose personnel received training at each National Guard 
        counterdrug school; and
            ``(6) updates, if any, to the Department of Defense 
        regulations prescribed under subsection (a).''; and
            (3) in subsection (g)--
                    (A) in paragraph (1), by striking ``There is hereby 
                authorized'' and all that follows through ``such fiscal 
                year'' and inserting the following: ``Not more than 
                $30,000,000 may be expended by the Secretary of Defense 
                for purposes of the National Guard counterdrug schools 
                in any fiscal year''; and
                    (B) in paragraph (2), by striking ``amount 
                authorized to be appropriated by paragraph (1)'' and 
                inserting ``amount expended pursuant to paragraph (1)''.
SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG 
                          INTERDICTION AND COUNTER-DRUG 
                          ACTIVITIES, DEFENSE-WIDE ACCOUNT.

    (a) <<NOTE: Time periods.>> Biannual Reports on Expenditures of 
Funds.--Not later than 60 days after the end of the first half of a 
fiscal year and after the end of the second half of a fiscal year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report setting forth a description of the expenditure of 
funds, by project code, from the Drug Interdiction and Counter-Drug 
Activities, Defense-wide account during such half of the fiscal year, 
including expenditures of funds in direct or indirect support of the 
counter-drug activities of foreign governments.

    (b) Information on Support of Counter-drug Activities of Foreign 
Governments.--The information in a report under subsection (a) on direct 
or indirect support of the counter-drug activities of foreign 
governments shall include, for each foreign government so supported, the 
following:
            (1) The total amount of assistance provided to, or expended 
        on behalf of, the foreign government.

[[Page 126 STAT. 1907]]

            (2) A description of the types of counter-drug activities 
        conducted using the assistance.
            (3) An explanation of the legal authority under which the 
        assistance was provided.

    (c) Definitions.--In this section:
            (1) The term ``first half of a fiscal year'' means the 
        period beginning on October 1 of any year and ending on March 31 
        of the following year.
            (2) The term ``second half of a fiscal year'' means the 
        period beginning on April 1 of any year and ending on September 
        30 of such year.

    (d) Cessation of Requirement.--No report shall be required under 
subsection (a) for any half of a fiscal year beginning on or after 
October 1, 2017.
    (e) Repeal of Obsolete Authority.--Section 1022 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106-398) is hereby repealed.
SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG 
                          AND COUNTERTERRORISM CAMPAIGN IN 
                          COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most 
recently amended by section 1007 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1558), is 
amended--
            (1) in subsection (a), by striking ``2012'' and inserting 
        ``2013''; and
            (2) in subsection (c), by striking ``2012'' and inserting 
        ``2013''.
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE 
                          SUPPORT TO LAW ENFORCEMENT AGENCIES 
                          CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    Section 1022(b) of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1594; 10 U.S.C. 371 note) is 
amended by striking ``2012'' and inserting ``2013''.
SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVISION OF 
                          SUPPORT FOR COUNTER-DRUG ACTIVITIES TO 
                          CERTAIN FOREIGN GOVERNMENTS.

    Section 1033 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended 
by section 1006 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1557), is further amended--
            (1) in subsection (f)(1), by striking ``the written 
        certification described in subsection (g) for that fiscal 
        year.'' and inserting ``a written certification described in 
        subsection (g) applicable to that fiscal year. The first such 
        certification with respect to any such government may apply only 
        to a period of one fiscal year. Subsequent certifications with 
        respect to any such government may apply to a period of not to 
        exceed two fiscal years.''; and
            (2) in subsection (g), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``The written'' and inserting ``A 
                written''; and

[[Page 126 STAT. 1908]]

                    (B) by striking ``for a fiscal year'' and all that 
                follows through the colon and inserting ``for a 
                government to receive support under this section for any 
                period of time is a certification of each of the 
                following with respect to that government:''.

                 Subtitle C--Naval Vessels and Shipyards

SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                          STRIKE FORCES OF THE UNITED STATES NAVY.

    Section 1012(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 303), as most recently amended 
by section 1015 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), <<NOTE: 10 
USC 7291 note.>> is amended by striking ``Secretary of Defense'' and all 
that follows through the period and inserting the following: 
``Secretary <<NOTE: Notification.>> of the Navy notifies the 
congressional defense committees that, as a result of a cost-benefit 
analysis, it would not be practical for the Navy to design the class of 
ships with an integrated nuclear power system.''.
SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED ANNUAL 
                          NAVAL VESSEL CONSTRUCTION PLAN.

    (a) In General.--Section 231 of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Limitation on Availability of Funds for Fiscal Years Without 
Plan and Certification.--(1) If the Secretary of Defense does not 
include with the defense budget materials for a fiscal year the plan and 
certification under subsection (a), the Secretary of the Navy may not 
use more than 50 percent of the funds described in paragraph (2) during 
the fiscal year in which such materials are submitted until the date on 
which such plan and certification are submitted to the congressional 
defense committees.
    ``(2) The funds described in this paragraph are funds made available 
to the Secretary of the Navy for operation and maintenance, Navy, for 
emergencies and extraordinary expenses.''.
    (b) Conforming Amendment.--Section 12304b(i) of title 10, United 
States Code, is amended by striking ``section 231(g)(2)'' and inserting 
``section 231(f)(2)''.
SEC. 1015. RETIREMENT OF NAVAL VESSELS.

    (a) Report Required.--Not later than 30 days after the date of the 
enactment of this Act, the Chief of Naval Operations shall submit to the 
congressional defense committees a report that sets forth a 
comprehensive description of the current requirements of the Navy for 
combatant vessels of the Navy, including submarines.
    (b) Additional Report Element if Less Than 313 Vessels Required.--If 
the number of combatant vessels for the Navy (including submarines) 
specified as being required in the report under subsection (a) is less 
than 313 combatant vessels, the report shall include a justification for 
the number of vessels specified as being so required and the rationale 
by which the number of vessels is considered consistent with applicable 
strategic guidance issued by the President and the Secretary of Defense 
in 2012.

[[Page 126 STAT. 1909]]

SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP SQUADRON.

    (a) Report Required.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Chief of Naval Operations and the 
        Commandant of the Marine Corps shall jointly submit to the 
        congressional defense committees a report setting forth an 
        assessment of the Marine Corps Prepositioning Program-Norway and 
        the capability of that program to address any readiness gaps 
        that will be created by the termination of Maritime 
        Prepositioning Ship Squadron One in the Mediterranean.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A detailed description of the time required to 
                transfer stockpiles onto naval vessels for use in 
                contingency operations.
                    (B) A comparison of the response time of the Marine 
                Corps Prepositioning Program-Norway with the response 
                time of Maritime Prepositioning Ship Squadron One.
                    (C) A description of the equipment stored in the 
                stockpiles of the Marine Corps Prepositioning Program-
                Norway, the differences (if any) between that equipment 
                and the equipment of a Maritime Prepositioning Ship 
                squadron, and any increased risk or operational plan 
                impacts associated with using Prepositioning Program-
                Norway to fulfill the Maritime Prepositioning Ship 
                squadron requirements.
                    (D) A description and assessment of the current age 
                and state of maintenance of the equipment of the Marine 
                Corps Maritime Prepositioning Program-Norway.
                    (E) A plan to address future requirements, equipment 
                shortages, and modernization needs of the Marine Corps 
                Maritime Prepositioning Program-Norway.

    (b) Limitation on Availability of Funds.--Amounts authorized to be 
appropriated by this Act may not be obligated or expended to terminate a 
Maritime Prepositioning Ship squadron until the date of the submittal to 
the congressional defense committees of the report required by 
subsection (a).
SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY AND 
                          COAST GUARD.

    (a) Findings.--Congress makes the following findings:
            (1) More than 70 percent of the world's surface is comprised 
        of navigable oceans.
            (2) More than 80 percent of the population of the world 
        lives within 100 miles of an ocean.
            (3) More than 90 percent of the world's commerce traverses 
        an ocean.
            (4) The national security of the United States is 
        inextricably linked to the maintenance of global freedom of 
        access for both the strategic and commercial interests of the 
        United States.
            (5) To maintain that freedom of access the sea services of 
        the United States, composed of the Navy, the Marine Corps, and 
        the Coast Guard, must be sufficiently positioned as rotationally 
        globally deployable forces with the capability to decisively 
        defend United States citizens, homeland, and interests abroad 
        from direct or asymmetric attack and must

[[Page 126 STAT. 1910]]

        be comprised of sufficient vessels to maintain global freedom of 
        action.
            (6) To achieve appropriate capabilities to ensure national 
        security, the Government of the United States must continue to 
        recapitalize the fleets of the Navy and Coast Guard and must 
        continue to conduct vital maintenance and repair of existing 
        vessels to ensure such vessels meet service life goals.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the sea services of the United States should be funded 
        and maintained to provide the broad spectrum of capabilities 
        required to protect the national security of the United States;
            (2) such capabilities should include--
                    (A) the ability to project United States power 
                rapidly anywhere on the globe without the need for host 
                nation basing permission or long and potentially 
                vulnerable logistics supply lines;
                    (B) the ability to land and recover maritime forces 
                from the sea for direct combat action, to evacuate 
                United States citizens from hostile situations, and to 
                provide humanitarian assistance where needed;
                    (C) the ability to operate from the subsurface with 
                overpowering conventional combat power, as well as 
                strategic deterrence; and
                    (D) the ability to operate in collaboration with 
                United States maritime partners in the common interest 
                of preventing piracy at sea and maintaining the 
                commercial sea lanes available for global commerce;
            (3) the Secretary of Defense, in coordination with the 
        Secretary of the Navy, should maintain the recapitalization 
        plans for the Navy as a priority in all future force structure 
        decisions; and
            (4) the Secretary of Homeland Security should maintain the 
        recapitalization plans for the Coast Guard as a priority in all 
        future force structure decisions.
SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS TO NAME 
                          NAVAL VESSELS.

    (a) <<NOTE: 10 USC 7292 note.>>  Findings.--Congress makes the 
following findings:
            (1) The Navy traces its ancestry to October 13, 1775, when 
        an Act of the Continental Congress authorized the first vessel 
        of a navy for the United Colonies. Vessels of the Continental 
        Navy were named for early patriots and military heroes, Federal 
        institutions, colonial cities, and positive character traits 
        representative of naval and military virtues.
            (2) An Act of Congress on March 3, 1819, made the Secretary 
        of the Navy responsible for assigning names to vessels of the 
        Navy. Traditional sources for vessel names customarily 
        encompassed such categories as geographic locations in the 
        United States; historic sites, battles, and ships; naval and 
        military heroes and leaders; and noted individuals who made 
        distinguished contributions to United States national security.
            (3) These customs and traditions provide appropriate and 
        necessary standards for the naming of vessels of the Navy.

    (b) Notice to Congress.--Section 7292 of title 10, United States 
Code, is amended by adding at the end the following new subsection:

[[Page 126 STAT. 1911]]

    ``(d)(1) <<NOTE: Time period. Reports.>> The Secretary of the Navy 
may not announce or implement any proposal to name a vessel of the Navy 
until 30 days after the date on which the Secretary submits to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth such proposal.

    ``(2) Each report under this subsection shall describe the 
justification for the proposal covered by such report in accordance with 
the standards referred to in section 1024(a) of the National Defense 
Authorization Act for Fiscal Year 2013.''.
    (c) <<NOTE: 10 USC 7292 note.>> Effective Date.--This section and 
the amendment made by this section shall go into effect on the date that 
is 30 days after the date of the enactment of this Act.

                      Subtitle D--Counterterrorism

SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING 
                          TERRORISM.

    (a) Extension.--Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ``September 30, 2013'' and inserting 
``September 30, 2014''.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report that outlines the future 
requirements and authorities to make rewards for combating terrorism. 
The report shall include--
            (1) an analysis of future requirements under section 127b of 
        title 10, United States Code;
            (2) a detailed description of requirements for rewards in 
        support of operations with allied forces; and
            (3) an overview of geographic combatant commander 
        requirements through September 30, 2014.
SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
                          FACILITIES IN THE UNITED STATES TO HOUSE 
                          DETAINEES TRANSFERRED FROM UNITED STATES 
                          NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to the Department of Defense for fiscal year 
2013 may be used to construct or modify any facility in the United 
States, its territories, or possessions to house any individual detained 
at Guantanamo for the purposes of detention or imprisonment in the 
custody or under the control of the Department of Defense unless 
authorized by Congress.
    (b) Exception.--The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Individual Detained at Guantanamo Defined.--In this section, the 
term ``individual detained at Guantanamo'' has the meaning given that 
term in section 1028(f)(2).
SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT UNITED 
                          STATES NAVAL STATION, GUANTANAMO BAY, 
                          CUBA, WHO HAVE BEEN TRANSFERRED TO 
                          FOREIGN COUNTRIES.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, and annually thereafter for five years, the 
Director of the Defense Intelligence Agency, in consultation

[[Page 126 STAT. 1912]]

with the head of each element of the intelligence community that the 
Director considers appropriate, shall submit to the covered 
congressional committees a report assessing the factors that cause or 
contribute to the recidivism of individuals detained at Guantanamo who 
are transferred or released to a foreign country. Such report shall 
include--
            (1) a discussion of trends, by country and region, where 
        recidivism has occurred; and
            (2) an assessment of the implementation by foreign countries 
        of the international arrangements relating to the transfer or 
        release of individuals detained at Guantanamo reached between 
        the United States and each foreign country to which an 
        individual detained at Guantanamo has been transferred or 
        released.

    (b) Form.--The report required under subsection (a) may be submitted 
in classified form.
    (c) Definitions.--In this section:
            (1) The term ``covered congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate.
            (2) The term ``individual detained at Guantanamo'' means any 
        individual who is or was located at United States Naval Station, 
        Guantanamo Bay, Cuba, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) on or after January 1, 2002, was--
                          (i) in the custody or under the control of the 
                      Department of Defense; or
                          (ii) otherwise under detention at United 
                      States Naval Station, Guantanamo Bay, Cuba.
SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION 
                          OF INDIVIDUALS CAPTURED OUTSIDE 
                          AFGHANISTAN PURSUANT TO THE 
                          AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) <<NOTE: 10 USC 801 note.>> Notice to Congress.--Not later than 
30 days after first detaining an individual pursuant to the 
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 
1541 note) on a naval vessel outside the United States, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives notice of the detention. In the case of 
such an individual who is transferred or released before the submittal 
of the notice of the individual's detention, the Secretary shall also 
submit to such Committees notice of the transfer or release.

    (b) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and House of 
        Representatives a report on the use of naval vessels for the 
        detention outside the United States of any individual who is 
        detained pursuant to the Authorization for

[[Page 126 STAT. 1913]]

        Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note). 
        Such report shall include--
                    (A) procedures and any limitations on detaining such 
                individuals at sea on board United States naval vessels;
                    (B) an assessment of any force protection issues 
                associated with detaining such individuals on such 
                vessels;
                    (C) an assessment of the likely effect of such 
                detentions on the original mission of such naval 
                vessels; and
                    (D) any restrictions on long-term detention of 
                individuals on United States naval vessels.
            (2) Form of report.--The report required under paragraph (1) 
        may be submitted in classified form.
SEC. 1025. <<NOTE: 10 USC 801 note.>>  NOTICE REQUIRED PRIOR TO 
                          TRANSFER OF CERTAIN INDIVIDUALS DETAINED 
                          AT THE DETENTION FACILITY AT PARWAN, 
                          AFGHANISTAN.

    (a) Notice Required.--The Secretary of Defense shall submit to the 
appropriate congressional committees notice in writing of the proposed 
transfer of any individual detained pursuant to the Authorization for 
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) who is a 
national of a country other than the United States or Afghanistan from 
detention at the Detention Facility at Parwan, Afghanistan, to the 
custody of the Government of Afghanistan or of any other 
country. <<NOTE: Deadline.>> Such notice shall be provided not later 
than 10 days before such a transfer may take place.

    (b) Assessments Required.--Prior to any transfer referred to under 
subsection (a), the Secretary shall ensure that an assessment is 
conducted as follows:
            (1) In the case of the proposed transfer of such an 
        individual by reason of the individual being released, an 
        assessment of the threat posed by the individual and the 
        security environment of the country to which the individual is 
        to be transferred.
            (2) In the case of the proposed transfer of such an 
        individual to a country other than Afghanistan for the purpose 
        of the prosecution of the individual, an assessment regarding 
        the capacity, willingness, and historical track record of the 
        country with respect to prosecuting similar cases, including a 
        review of the primary evidence against the individual to be 
        transferred and any significant admissibility issues regarding 
        such evidence that are expected to arise in connection with the 
        prosecution of the individual.
            (3) In the case of the proposed transfer of such an 
        individual for reintegration or rehabilitation in a country 
        other than Afghanistan, an assessment regarding the capacity, 
        willingness, and historical track records of the country for 
        reintegrating or rehabilitating similar individuals.
            (4) In the case of the proposed transfer of such an 
        individual to the custody of the Government of Afghanistan for 
        prosecution or detention, an assessment regarding the capacity, 
        willingness, and historical track record of Afghanistan to 
        prosecute or detain long-term such individuals.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee on 
Armed Services and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Armed Services and the Committee on 
Foreign Relations of the Senate.

[[Page 126 STAT. 1914]]

SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY DETAINED 
                          AT THE DETENTION FACILITY AT PARWAN, 
                          AFGHANISTAN.

    (a) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the relevant 
congressional committees a report on the estimated recidivism rates and 
the factors that appear to contribute to the recidivism of individuals 
formerly detained at the Detention Facility at Parwan, Afghanistan, who 
were transferred or released, including the estimated total number of 
individuals who have been recaptured on one or more occasion.
    (b) Form.--The report required under subsection (a) may be submitted 
in classified form.
    (c) Relevant Congressional Committees Defined.--In this section, the 
term ``relevant congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR 
                          RELEASE OF INDIVIDUALS DETAINED AT 
                          UNITED STATES NAVAL STATION, GUANTANAMO 
                          BAY, CUBA.

    None <<NOTE: Khalid Sheikh Mohammed.>> of the funds authorized to be 
appropriated by this Act for fiscal year 2013 may be used to transfer, 
release, or assist in the transfer or release to or within the United 
States, its territories, or possessions of Khalid Sheikh Mohammed or any 
other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.
SEC. 1028. <<NOTE: 10 USC 801 note.>>  REQUIREMENTS FOR 
                          CERTIFICATIONS RELATING TO THE TRANSFER 
                          OF DETAINEES AT UNITED STATES NAVAL 
                          STATION, GUANTANAMO BAY, CUBA, TO 
                          FOREIGN COUNTRIES AND OTHER FOREIGN 
                          ENTITIES.

    (a) Certification Required Prior to Transfer.--
            (1) <<NOTE: Deadline.>>  In general.--Except as provided in 
        paragraph (2) and subsection (d), the Secretary of Defense may 
        not use any amounts authorized to be appropriated or otherwise 
        available to the Department of Defense for fiscal year 2013 to 
        transfer any individual detained at Guantanamo to the custody or 
        control of the individual's country of origin, any other foreign 
        country, or any other foreign entity unless the Secretary 
        submits to Congress the certification described in subsection 
        (b) not later than 30 days before the transfer of the 
        individual.
            (2) <<NOTE: Notification.>> Exception.--Paragraph (1) shall 
        not apply to any action taken by the Secretary to transfer any 
        individual detained at Guantanamo to effectuate an order 
        affecting the disposition of the individual that is issued by a 
        court or competent tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress of 
        promptly after issuance).

    (b) <<NOTE: Consultation.>> Certification.--A certification 
described in this subsection is a written certification made by the 
Secretary of Defense, with

[[Page 126 STAT. 1915]]

the concurrence of the Secretary of State and in consultation with the 
Director of National Intelligence, that--
            (1) the government of the foreign country or the recognized 
        leadership of the foreign entity to which the individual 
        detained at Guantanamo is to be transferred--
                    (A) is not a designated state sponsor of terrorism 
                or a designated foreign terrorist organization;
                    (B) maintains control over each detention facility 
                in which the individual is to be detained if the 
                individual is to be housed in a detention facility;
                    (C) is not, as of the date of the certification, 
                facing a threat that is likely to substantially affect 
                its ability to exercise control over the individual;
                    (D) has taken or agreed to take effective actions to 
                ensure that the individual cannot take action to 
                threaten the United States, its citizens, or its allies 
                in the future;
                    (E) has taken or agreed to take such actions as the 
                Secretary of Defense determines are necessary to ensure 
                that the individual cannot engage or reengage in any 
                terrorist activity; and
                    (F) has agreed to share with the United States any 
                information that--
                          (i) is related to the individual or any 
                      associates of the individual; and
                          (ii) could affect the security of the United 
                      States, its citizens, or its allies; and
            (2) <<NOTE: Assessment.>> includes an assessment, in 
        classified or unclassified form, of the capacity, willingness, 
        and past practices (if applicable) of the foreign country or 
        entity in relation to the Secretary's certifications.

    (c) Prohibition in Cases of Prior Confirmed Recidivism.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subsection (d), the Secretary of Defense may not use any amounts 
        authorized to be appropriated or otherwise made available to the 
        Department of Defense to transfer any individual detained at 
        Guantanamo to the custody or control of the individual's country 
        of origin, any other foreign country, or any other foreign 
        entity if there is a confirmed case of any individual who was 
        detained at United States Naval Station, Guantanamo Bay, Cuba, 
        at any time after September 11, 2001, who was transferred to 
        such foreign country or entity and subsequently engaged in any 
        terrorist activity.
            (2) <<NOTE: Notification.>> Exception.--Paragraph (1) shall 
        not apply to any action taken by the Secretary to transfer any 
        individual detained at Guantanamo to effectuate an order 
        affecting the disposition of the individual that is issued by a 
        court or competent tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress of 
        promptly after issuance).

    (d) National Security Waiver.--
            (1) <<NOTE: Consultation. Determination.>> In general.--The 
        Secretary of Defense may waive the applicability to a detainee 
        transfer of a certification requirement specified in 
        subparagraph (D) or (E) of subsection (b)(1) or the prohibition 
        in subsection (c), if the Secretary certifies the rest of the 
        criteria required by subsection (b) for transfers prohibited by 
        (c) and, with the concurrence of the Secretary of State and in 
        consultation with the Director of National Intelligence, 
        determines that--

[[Page 126 STAT. 1916]]

                    (A) alternative actions will be taken to address the 
                underlying purpose of the requirement or requirements to 
                be waived;
                    (B) in the case of a waiver of subparagraph (D) or 
                (E) of subsection (b)(1), it is not possible to certify 
                that the risks addressed in the paragraph to be waived 
                have been completely eliminated, but the actions to be 
                taken under subparagraph (A) will substantially mitigate 
                such risks with regard to the individual to be 
                transferred;
                    (C) in the case of a waiver of subsection (c), the 
                Secretary has considered any confirmed case in which an 
                individual who was transferred to the country 
                subsequently engaged in terrorist activity, and the 
                actions to be taken under subparagraph (A) will 
                substantially mitigate the risk of recidivism with 
                regard to the individual to be transferred; and
                    (D) the transfer is in the national security 
                interests of the United States.
            (2) Reports.--Whenever the Secretary makes a determination 
        under paragraph (1), the Secretary shall submit to the 
        appropriate committees of Congress, not later than 30 days 
        before the transfer of the individual concerned, the following:
                    (A) A copy of the determination and the waiver 
                concerned.
                    (B) A statement of the basis for the determination, 
                including--
                          (i) an explanation why the transfer is in the 
                      national security interests of the United States;
                          (ii) in the case of a waiver of paragraph (D) 
                      or (E) of subsection (b)(1), an explanation why it 
                      is not possible to certify that the risks 
                      addressed in the paragraph to be waived have been 
                      completely eliminated; and
                          (iii) a classified summary of--
                                    (I) the individual's record of 
                                cooperation while in the custody of or 
                                under the effective control of the 
                                Department of Defense; and
                                    (II) the agreements and mechanisms 
                                in place to provide for continuing 
                                cooperation.
                    (C) A summary of the alternative actions to be taken 
                to address the underlying purpose of, and to mitigate 
                the risks addressed in, the paragraph or subsection to 
                be waived.
                    (D) The assessment required by subsection (b)(2).

    (e) Record of Cooperation.--In assessing the risk that an individual 
detained at Guantanamo will engage in terrorist activity or other 
actions that could affect the security of the United States if released 
for the purpose of making a certification under subsection (b) or a 
waiver under subsection (d), the Secretary of Defense may give favorable 
consideration to any such individual--
            (1) who has substantially cooperated with United States 
        intelligence and law enforcement authorities, pursuant to a pre-
        trial agreement, while in the custody of or under the effective 
        control of the Department of Defense; and
            (2) for whom agreements and effective mechanisms are in 
        place, to the extent relevant and necessary, to provide for

[[Page 126 STAT. 1917]]

        continued cooperation with United States intelligence and law 
        enforcement authorities.

    (f) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) The term ``individual detained at Guantanamo'' means any 
        individual located at United States Naval Station, Guantanamo 
        Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                          (i) in the custody or under the control of the 
                      Department of Defense; or
                          (ii) otherwise under detention at United 
                      States Naval Station, Guantanamo Bay, Cuba.
            (3) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).
SEC. 1029. <<NOTE: 10 USC 801 note.>> RIGHTS UNAFFECTED.

    Nothing in the Authorization for Use of Military Force (Public Law 
107-40; 50 U.S.C. 1541 note) or the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the 
availability of the writ of habeas corpus or to deny any Constitutional 
rights in a court ordained or established by or under Article III of the 
Constitution to any person inside the United States who would be 
entitled to the availability of such writ or to such rights in the 
absence of such laws.

                       Subtitle E--Nuclear Forces

SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE UNITED 
                          STATES.

    (a) Reports on Strategy.--Section 491 of title 10, United States 
Code, is--
            (1) transferred to chapter 24 of such title, as added by 
        subsection (b)(1); and
            (2) amended--
                    (A) in the heading, by inserting ``weapons'' after 
                ``Nuclear'';
                    (B) by striking ``nuclear employment strategy'' each 
                place it appears and inserting ``nuclear weapons 
                employment strategy'';
                    (C) in paragraph (1)--
                          (i) by inserting ``the'' after ``modifications 
                      to''; and
                          (ii) by inserting ``, plans, and options'' 
                      after ``employment strategy'';
                    (D) by inserting after paragraph (3) the following 
                new paragraph:

[[Page 126 STAT. 1918]]

            ``(4) The extent to which such modifications include an 
        increased reliance on conventional or non-nuclear global strike 
        capabilities or missile defenses of the United States.'';
                    (E) by striking ``On the date'' and inserting ``(a) 
                Reports.--On the date''; and
                    (F) by adding at the end the following new 
                subsections:

    ``(b) Annual Briefings.--Not later than March 15 of each year, the 
Secretary of Defense shall provide to the congressional defense 
committees a briefing regarding the nuclear weapons employment strategy, 
plans, and options of the United States.
    ``(c) Notification of Anomalies.--(1) The Secretary of Defense shall 
submit to the congressional defense committees written notification of 
an anomaly in the nuclear command, control, and communications system of 
the United States that is reported to the Secretary of Defense or the 
Nuclear Weapons Council by not later than 14 days after the date on 
which the Secretary or the Council learns of such anomaly, as the case 
may be.
    ``(2) In this subsection, the term `anomaly' means any unplanned, 
irregular, or abnormal event, whether unexplained or caused 
intentionally or unintentionally by a person or a system.''.
    (b) Clerical and Conforming Amendments.--
            (1) Chapter 24.--Part I of subtitle A of title 10, United 
        States Code, <<NOTE: 10 USC prec. 491.>> is amended by adding at 
        the end the following new chapter:

                      ``CHAPTER 24--NUCLEAR POSTURE

``Sec.
``491. Nuclear weapons employment strategy of the United States: reports 
           on modification of strategy.''.

            (2) Table of chapters.--The table of chapters at the 
        beginning of subtitle A of title 10, United States Code, and at 
        the beginning of part I of such subtitle, <<NOTE: 10 USC prec. 
        101.>> are each amended by inserting after the item relating to 
        chapter 23 the following new item:

``24. Nuclear posture.............................................491''.

            (3) Transfer of provisions.--
                    (A) Chapter 23.--Chapter 23 of title 10, United 
                States Code, is amended as follows:
                          (i) Section 490a is--
                                    (I) transferred to chapter 24 of 
                                such title, as added by paragraph (1);
                                    (II) inserted after section 491 of 
                                such title, as added to such chapter 24 
                                by subsection (a)(1); and
                                    (III) redesignated as section 492.
                          (ii) The table of sections at the beginning of 
                      such chapter 23 <<NOTE: 10 USC prec. 480.>> is 
                      amended by striking the items relating to sections 
                      490a and 491.
                    (B) FY12 ndaa.--Section 1077 of the National Defense 
                Authorization Act for Fiscal Year 2012 (Public Law 112-
                81; 50 U.S.C. 2514) is--
                          (i) transferred to chapter 24 of title 10, 
                      United States Code, as added by paragraph (1);
                          (ii) inserted after section 492 of such title, 
                      as added by subparagraph (A)(i);
                          (iii) redesignated as section 493; and

[[Page 126 STAT. 1919]]

                          (iv) amended by striking ``the date of the 
                      enactment of this Act'' and inserting ``December 
                      31, 2011,''.
                                    (III) by striking ``the date of the 
                                enactment of this Act'' and inserting 
                                ``December 31, 2011,''.
                    (C) Clerical amendments.--
                          (i) Table of sections.--The table of sections 
                      at the beginning of chapter 24 of title 10, United 
                      States Code, as added by paragraph (1), <<NOTE: 10 
                      USC prec. 491.>> is amended by inserting after the 
                      item relating to section 491 the following new 
                      items:

``492. Biennial assessment and report on the delivery platforms for 
           nuclear weapons and the nuclear command and control system.
``493. Reports to Congress on the modification of the force structure 
           for the strategic nuclear weapons delivery systems of the 
           United States.''.

                          (ii) Section heading typeface and typestyle.--
                      Section 493 of title 10, United States Code, as 
                      added by subparagraph (B), is amended--
                                    (I) in the enumerator, by striking 
                                ``SEC.'' and inserting ``Sec. ''; and
                                    (II) in the section heading--
                                            (aa) by striking the period 
                                        at the end; and
                                            (bb) by conforming the 
                                        typeface and typestyle, 
                                        including capitalization, to the 
                                        typeface and typestyle as used 
                                        in the section heading of 
                                        section 491 of such title.
            (4) Conforming amendment.--Section 1031(b) of the National 
        Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
        81; 125 Stat. 1574) <<NOTE: 10 USC 490a note.>> is amended by 
        striking ``section 490a of title 10, United States Code, as 
        added by subsection (a),'' and inserting ``section 492 of title 
        10, United States Code,''.
SEC. 1032. PROGRESS OF MODERNIZATION.

    (a) <<NOTE: Deadline. President.>> Nuclear Employment Strategy.--
Subsection (a) of section 491 of title 10, United States Code, as 
amended by section 1031, is amended by striking ``On the date on which 
the President issues'' and inserting ``By not later than 60 days before 
the date on which the President implements''.

    (b) Reports Required.--Such section 491 is further amended by adding 
at the end the following:
    ``(d) <<NOTE: President.>> Reports on 2010 Nuclear Posture Review 
Implementation Study Decisions.--During each of fiscal years 2012 
through 2021, not later than 60 days before the date on which the 
President carries out the results of the decisions made pursuant to the 
2010 Nuclear Posture Review Implementation Study that would alter the 
nuclear weapons employment strategy, guidance, plans, or options of the 
United States, the President shall--
            ``(1) ensure that the annual report required under section 
        1043(a)(1) of the National Defense Authorization Act for Fiscal 
        Year 2012 (Public Law 112-81; 125 Stat. 1576) is transmitted to 
        Congress, if so required;
            ``(2) ensure that the report required under section 
        494(a)(2)(A) of this title is transmitted to Congress, if so 
        required under such section; and
            ``(3) transmit to the congressional defense committees a 
        report providing the high-, medium-, and low- confidence 
        assessments of the intelligence community (as defined in section

[[Page 126 STAT. 1920]]

        3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
        as to whether the United States will have significant warning of 
        a strategic surprise or breakout caused by foreign nuclear 
        weapons developments.''.
SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR 
                          MODERNIZATION OF N