H 4310

Version: Engrossed House
Author: McKeon

[H.R. 4310 Engrossed in House (EH)]

112th CONGRESS

2d Session

H. R. 4310

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.

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

SECTION 1. SHORT TITLE.

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

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

(a) Divisions.--This Act is organized into four divisions as follows:

(1) Division A--Department of Defense Authorizations.

(2) Division B--Military Construction Authorizations.

(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D--Funding Tables.

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

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.

Sec. 112. Reports on airlift requirements of the Army.

Subtitle C--Navy Programs

Sec. 121. Retirement of nuclear-powered ballistic submarines.

Sec. 122. Extension of Ford-class aircraft carrier construction authority.

Sec. 123. Extension of multiyear procurement authority for F/A-18E, F/ A-18F, and EA-18G aircraft.

Sec. 124. Multiyear procurement authority for V-22 joint aircraft program.

Sec. 125. Multiyear procurement authority for Arleigh Burke-class destroyers and associated systems.

Sec. 126. Multiyear procurement authority for Virginia-class submarine program.

Sec. 127. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.

Sec. 128. Report on Littoral Combat Ship designs.

Sec. 129. Comptroller General reviews of Littoral Combat Ship program.

Sec. 130. Sense of Congress on importance of engineering in early stages of shipbuilding.

Sec. 131. Sense of Congress on Marine Corps Amphibious Lift and Presence Requirements.

Subtitle D--Air Force Programs

Sec. 141. Retirement of B-1 bomber aircraft.

Sec. 142. Maintenance of strategic airlift aircraft.

Sec. 143. Limitation on availability of funds for divestment or retirement of C-27J aircraft.

Sec. 144. Limitation on availability of funds for termination of C-130 avionics modernization program.

Sec. 145. Review of C-130 force structure.

Sec. 146. Limitation on availability of funds for evolved expendable launch vehicle program.

Sec. 147. Procurement of space-based infrared systems.

Subtitle E--Joint and Multiservice Matters

Sec. 151. Requirement to set F-35 aircraft initial operational capability dates.

Sec. 152. Limitation on availability of funds for retirement of RQ-4 Global Hawk unmanned aircraft systems.

Sec. 153. Common data link for manned and unmanned intelligence, surveillance, and reconnaissance systems.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Next-generation long-range strike bomber aircraft nuclear certification requirement.

Sec. 212. Unmanned combat air system.

Sec. 213. Extension of limitation on availability of funds for Unmanned Carrier-launched Surveillance and Strike system program.

Sec. 214. Limitation on availability of funds for future manned ground moving target indicator capability of the Air Force.

Sec. 215. Limitation on availability of funds for milestone A activities for the MQ-18 unmanned aircraft system.

Sec. 216. Vertical lift platform technology demonstrations.

Subtitle C--Missile Defense Programs

Sec. 221. Procurement of AN/TPY-2 radars.

Sec. 222. Development of advanced kill vehicle.

Sec. 223. Missile defense site on the East Coast.

Sec. 224. Ground-based midcourse defense system.

Sec. 225. Ground-based midcourse defense interceptor test.

Sec. 226. Deployment of SM-3 IIB interceptors on land and sea.

Sec. 227. Iron Dome short-range rocket defense program.

Sec. 228. Sea-based X-band radar.

Sec. 229. Prohibition on the use of funds for the MEADS program.

Sec. 230. Limitation on availability of funds for phased, adaptive approach to missile defense in Europe.

Sec. 231. Limitation on availability of funds for the precision tracking space system.

Sec. 232. Plan to improve discrimination and kill assessment capability of ballistic missile defense systems.

Sec. 233. Plan to increase rate of flight tests of ground-based midcourse defense system.

Sec. 234. Report on regional missile defense architectures.

Sec. 235. Use of funds for conventional prompt global strike program.

Sec. 236. Transfer of Aegis weapon system equipment to Missile Defense Agency.

Subtitle D--Reports

Sec. 241. Study on electronic warfare capabilities of the Marine Corps.

Sec. 242. National Research Council review of defense science and technical graduate education needs.

Sec. 243. Report on three-dimensional integrated circuit manufacturing capabilities.

Sec. 244. Report on efforts to field new directed energy weapons.

Sec. 245. Report on Air Force cyber operations.

Subtitle E--Other Matters

Sec. 251. Eligibility for Department of Defense laboratories to enter into educational partnerships with educational institutions in territories and possessions of the United States.

Sec. 252. Regional advanced technology clusters.

Sec. 253. Briefing on power and energy research conducted at University Affiliated Research Center.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Authorization of appropriations of funds for inactivation execution of U.S.S. Enterprise.

Subtitle B--Energy and Environmental Provisions

Sec. 311. Training range sustainment plan and training range inventory.

Sec. 312. Modification of definition of chemical substance.

Sec. 313. Exemption of Department of Defense from alternative fuel procurement requirement.

Sec. 314. Limitation on availability of funds for procurement of alternative fuel.

Sec. 315. Plan on environmental exposures to members of the Armed Forces.

Sec. 316. Southern sea otter military readiness areas.

Sec. 317. 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. 318. Sense of Congress regarding decontamination of former bombardment area on island of Culebra, Puerto Rico.

Subtitle C--Logistics and Sustainment

Sec. 321. Expansion and reauthorization of multi-trades demonstration project.

Sec. 322. Depot-level maintenance and repair.

Sec. 323. Sense of Congress regarding the performance of commercially- available activities by Department of Defense civilian employees.

Subtitle D--Readiness

Sec. 331. Intergovernmental support agreements with State and local governments.

Sec. 332. Extension and expansion of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet.

Sec. 333. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements.

Sec. 334. Center of Excellence for the National Guard State Partnership Program.

Sec. 335. Codification of National Guard State Partnership Program.

Subtitle E--Reports

Sec. 341. Report on joint strategy for readiness and training in a C4ISR-denied environment.

Sec. 342. Comptroller General review of annual Department of Defense report on prepositioned materiel and equipment.

Sec. 343. Modification of report on maintenance and repair of vessels in foreign shipyards.

Sec. 344. Extension of deadline for Comptroller General report on Department of Defense service contract inventory.

Sec. 345. GAO report reviewing methodology of Department of Defense relating to costs of performance by civilian employees, military personnel, and contractors.

Sec. 346. Report on medical evacuation policies.

Sec. 347. Report on providing telecommunications services to uniformed personnel transiting through foreign airports.

Sec. 348. Survey and report on personal protection equipment needed by members of the Armed Forces deployed on the ground in combat zones.

Sec. 349. Report on status of targets in Operational Energy Strategy Implementation Plan.

Subtitle F--Limitations and Extensions of Authority

Sec. 351. Repeal of authority to provide certain military equipment and facilities to support civilian law enforcement and emergency response.

Sec. 352. Limitation on availability of funds for the disestablishment of aerospace control alert locations.

Sec. 353. Limitation on authorization of appropriations for the National Museum of the United States Army.

Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.

Sec. 355. Renewal of expired prohibition on return of veterans memorial objects without specific authorization in law.

Subtitle G--Other Matters

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

Sec. 362. Assistance for homeland defense mission training.

Sec. 363. 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. Limitations on end strength reductions for regular component of the Army and Marine Corps.

Sec. 404. Exclusion of members within the Integrated Disability Evaluation System from end strength levels for active forces.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Limitation on number of Navy flag officers on active duty.

Sec. 502. Exception to required retirement after 30 years of service for Regular Navy warrant officers in the grade of Chief Warrant Officer, W-5.

Sec. 503. Air Force Chief and Deputy Chief of Chaplains.

Sec. 504. Extension of temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer.

Sec. 505. Temporary increase in the time-in-grade retirement waiver limitation for lieutenant colonels and colonels in the Army, Air Force, and Marine Corps and commanders and captains in the Navy.

Sec. 506. Modification to limitations on number of officers for whom service-in-grade requirements may be reduced for retirement in grade upon voluntary retirement.

Sec. 507. Diversity in military leadership and related reporting requirements.

Subtitle B--Reserve Component Management

Sec. 511. Codification of staff assistant positions for Joint Staff related to National Guard and Reserve matters.

Sec. 512. Automatic Federal recognition of promotion of certain National Guard warrant officers.

Sec. 513. On-line tracking of certain reserve duty.

Subtitle C--General Service Authorities

Sec. 521. Modifications to career intermission pilot program.

Sec. 522. Authority for additional behavioral health professionals to conduct pre-separation medical exams for post-traumatic stress disorder.

Sec. 523. Authority to accept voluntary services to assist Department of Defense efforts to account for missing persons.

Sec. 524. Authorized leave available for members of the Armed Forces upon birth or adoption of a child.

Sec. 525. Command responsibility and accountability for remains of members of the Army, Navy, Air Force, and Marine Corps who die outside the United States.

Sec. 526. Report on feasibility of developing gender-neutral occupational standards for military occupational specialties currently closed to women.

Sec. 527. Compliance with medical profiles issued for members of the Armed Forces.

Subtitle D--Military Justice and Legal Matters

Sec. 531. Clarification and enhancement of the role of Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 532. Persons who may exercise disposition authority regarding charges involving certain sexual misconduct offenses under the Uniform Code of Military Justice.

Sec. 533. Independent review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

Sec. 534. Collection and retention of records on disposition of reports of sexual assault.

Sec. 535. Briefing, plan, and recommendations regarding efforts to prevent and respond to hazing incidents involving members of the Armed Forces.

Sec. 536. Protection of rights of conscience of members of the Armed Forces and chaplains of such members.

Sec. 537. Use of military installations as sites for marriage ceremonies or marriage-like ceremonies.

Sec. 538. Coordination between Yellow Ribbon Reintegration Program and Small Business Development Centers.

Subtitle E--Member Education and Training Opportunities and Administration

Sec. 541. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program.

Sec. 542. Support of Naval Academy athletic and physical fitness programs.

Sec. 543. Department of Defense Inspector General review of access to military installations by representatives of for-profit educational institutions.

Sec. 544. Expansion of Department of Defense pilot program on receipt of civilian credentialing for military occupational specialty skills.

Subtitle F--Decorations and Awards

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

Sec. 552. Award of Purple Heart to members of the Armed Forces who were victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas.

Sec. 553. Advancement of Brigadier General Charles E. Yeager, United States Air Force (retired), on the retired list.

Sec. 554. Authorization for award of the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.

Sec. 555. Retroactive award of Army Combat Action Badge.

Sec. 556. Report on Navy review, findings, and actions pertaining to Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.

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

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 562. Transitional compensation for dependent children who were carried during pregnancy at the time of dependent-abuse offense committed by an individual while a member of the Armed Forces.

Sec. 563. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students.

Sec. 564. Protection of child custody arrangements for parents who are members of the Armed Forces.

Sec. 565. Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing.

Sec. 566. Sense of Congress regarding support for Yellow Ribbon Day.

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

Sec. 571. Establishment of special victim teams to respond to allegations of child abuse, serious domestic violence, or sexual offenses.

Sec. 572. Enhancement to training and education for sexual assault prevention and response.

Sec. 573. Enhancement to requirements for availability of information on sexual assault prevention and response resources.

Sec. 574. Modification of annual Department of Defense reporting requirements regarding sexual assaults.

Sec. 575. Inclusion of sexual harassment incidents in annual Department of Defense reports on sexual assaults.

Sec. 576. Continued submission of progress reports regarding certain incident information management tools.

Sec. 577. Briefings on Department of Defense actions regarding sexual assault prevention and response in the Armed Forces.

Sec. 578. Armed Forces Workplace and Gender Relations Surveys.

Sec. 579. Requirement for commanders to conduct annual organizational climate assessments.

Sec. 580. Additional requirements for organizational climate assessments.

Sec. 581. Review of unrestricted reports of sexual assault and subsequent separation of members making such reports.

Sec. 582. Limitation on release from active duty or recall to active duty of reserve component members who are victims of sexual assault while on active duty.

Sec. 583. Inclusion of information on substantiated reports of sexual harassment in member's official service record.

Sec. 584. Sense of Congress on military sexual trauma.

Sec. 585. Correction of military records of members of the Armed Forces who experience retaliatory personnel actions for making a report of sexual assault or sexual harassment.

Sec. 586. Department of Defense Sexual Assault and Harassment Oversight and Advisory Council.

Subtitle I--Other Matters

Sec. 590. Inclusion of Freely Associated States within scope of Junior Reserve Officers' Training Corps program.

Sec. 591. Preservation of editorial independence of Stars and Stripes.

Sec. 592. Sense of Congress regarding designation of bugle call commonly known as "Taps" as National Song of Remembrance.

Sec. 593. Recommended conduct during sounding of bugle call commonly known as "Taps".

Sec. 594. Inspection of military cemeteries under the jurisdiction of Department of Defense.

Sec. 595. Pilot program to provide transitional assistance to members of the Armed Forces with a focus on science, technology, engineering, and mathematics.

Sec. 596. Sense of Congress regarding the recovery of the remains of certain members of the Armed Forces killed in Thurston Island, Antarctica.

Sec. 597. Report on effects of multiple deployments.

Sec. 598. Establishment of chain of command for Army National Military Cemeteries.

Sec. 599. Military salute during recitation of pledge of allegiance by members of the Armed Forces not in uniform and by veterans.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2013 increase in military basic pay.

Sec. 602. Basic allowance for housing for two-member couples when one member is on sea duty.

Sec. 603. No reduction in basic allowance for housing for Army National Guard and Air National Guard members who transition between active duty and full- time National Guard duty without a break in active service.

Sec. 604. Modification of Program Guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserve components under DOD Instruction 1327.06.

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 Generally

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

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

Sec. 631. Extension of authority to provide two years of commissary and exchange benefits after separation.

Sec. 632. Transitional use of military family housing.

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

Sec. 641. Charitable organizations eligible for donations of unusable commissary store food and other food prepared for the Armed Forces.

Sec. 642. Repeal of certain recordkeeping and reporting requirements applicable to commissary and exchange stores overseas.

Sec. 643. Treatment of Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House.

Sec. 644. Purchase of sustainable products, local food products, and recyclable materials for resale in commissary and exchange store systems.

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

Sec. 651. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and terminating payment of the Survivor Benefit Plan annuity.

Subtitle G--Other Matters

Sec. 661. Consistent definition of dependent for purposes of applying limitations on terms of consumer credit extended to certain members of the Armed Forces and their dependents.

Sec. 662. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.

Sec. 663. Equal treatment for members of Coast Guard Reserve called to active duty under title 14, United States Code.

Sec. 664. Mortgage protection for members of the Armed Forces, surviving spouses, and certain veterans.

Sec. 665. Study on issuing identification cards to certain members upon discharge.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Sense of Congress on nonmonetary contributions to health care benefits made by career members of the Armed Forces and their families.

Sec. 702. Extension of TRICARE Standard coverage and TRICARE dental program for members of the Selected Reserve who are involuntarily separated.

Sec. 703. Medical and dental care contracts for certain members of the National Guard.

Sec. 704. Certain treatment of autism under TRICARE.

Sec. 705. Mental health assessments for members of the Armed Forces.

Subtitle B--Health Care Administration

Sec. 711. Unified medical command.

Sec. 712. Authority for automatic enrollment in TRICARE Prime of dependents of members in pay grades above pay grade E-4.

Sec. 713. Cooperative health care agreements between the military departments and non-military health care entities.

Sec. 714. Requirement to ensure the effectiveness and efficiency of health engagements.

Sec. 715. Clarification of applicability of Federal Tort Claims Act to subcontractors employed to provide health care services to the Department of Defense.

Sec. 716. Pilot program on increased third-party collection reimbursements in military medical treatment facilities.

Sec. 717. Pilot program for refills of maintenance medications for TRICARE for Life beneficiaries through the TRICARE mail-order pharmacy program.

Sec. 718. Cost-sharing rates for pharmacy benefits program of the TRICARE program.

Sec. 719. Review of the administration of the military health system.

Subtitle C--Reports and Other Matters

Sec. 721. Extension of Comptroller General report on contract health care staffing for military medical treatment facilities.

Sec. 722. Extension of Comptroller General report on women-specific health services and treatment for female members of the Armed Forces.

Sec. 723. Establishment of TRICARE working group.

Sec. 724. Report on strategy to transition to use of human-based methods for certain medical training.

Sec. 725. Pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships.

Sec. 726. Study on breast cancer among members of the Armed Forces and veterans.

Sec. 727. Increased collaboration with NIH to combat triple negative breast cancer.

Sec. 728. Pilot program on payment for treatment of members of the Armed Forces and veterans for traumatic brain injury and post-traumatic stress disorder.

Sec. 729. Congressional support for greater awareness of post-traumatic stress disorder.

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

Subtitle A--Acquisition Policy and Management

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

Sec. 802. Requirements relating to contracts for purchase of helicopters for Afghan Security Forces.

Sec. 803. Prohibition on contracting with persons that have business operations with state sponsors of terrorism.

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

Sec. 811. Modification of time period for congressional notification of the lease of certain vessels by the Department of Defense.

Sec. 812. Extension of authority for use of simplified acquisition procedures for certain commercial items.

Sec. 813. Codification and amendment relating to life-cycle management and product support requirements.

Sec. 814. Codification of requirement relating to Government performance of critical acquisition functions.

Sec. 815. Limitation on funding pending certification of implementation of requirements for competition.

Sec. 816. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts.

Sec. 817. Additional definition relating to production of specialty metals within the United States.

Sec. 818. Assessment and report relating to infrared technology sectors.

Sec. 819. Compliance with Berry Amendment required for uniform components supplied to Afghan military or Afghan National Police.

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

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

Sec. 822. Limitation on authority to acquire products and services produced in Afghanistan.

Subtitle D--Other Matters

Sec. 831. Enhancement of review of acquisition process for rapid fielding of capabilities in response to urgent operational needs.

Sec. 832. Location of contractor-operated call centers in the United States.

Sec. 833. Consideration and verification of information relating to effect on domestic employment of award of defense contracts.

Sec. 834. Energy savings performance contract report.

Sec. 835. Requirement to include trafficking in persons in performance assessments of defense contractors.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy and amendments to Strategic Materials Protection Board.

Sec. 902. Requirement for focus on urgent operational needs and rapid acquisition.

Sec. 903. Designation of Department of Defense senior official for enterprise resource planning system data conversion.

Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.

Sec. 905. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Subtitle B--Space Activities

Sec. 911. Annual assessment of the synchronization of segments in space programs that are major defense acquisition programs.

Sec. 912. Report on overhead persistent infrared technology.

Sec. 913. Prohibition on use of funds to implement international agreement on space activities that has not been ratified by the Senate or authorized by statute.

Sec. 914. Assessment of foreign components and the space launch capability of the United States.

Sec. 915. Report on counter space technology.

Sec. 916. Commercial space launch cooperation.

Subtitle C--Intelligence-Related Activities

Sec. 921. Authority to provide geospatial intelligence support to certain security alliances and regional organizations.

Sec. 922. Technical amendments to reflect change in name of National Defense Intelligence College to National Intelligence University.

Subtitle D--Total Force Management

Sec. 931. Limitation on certain funding until certification that inventory of contracts for services has begun.

Sec. 932. Requirement to ensure sufficient levels of Government management, control, and oversight of functions closely associated with inherently governmental functions.

Sec. 933. Special management attention required for certain functions identified in inventory of contracts for services.

Subtitle E--Cyberspace-Related Matters

Sec. 941. Military activities in cyberspace.

Sec. 942. Quarterly cyber operations briefings.

Subtitle F--Other Matters

Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of Staff and Joint Requirements Oversight Council.

Sec. 952. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship.

Sec. 953. Annual briefing to congressional defense committees on certain written policy guidance.

Sec. 954. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies.

Sec. 955. National Language Service Corps.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Budgetary effects of this Act.

Sec. 1003. Annual report on Armed Forces unfunded priorities.

Subtitle B--Counter-Drug Activities

Sec. 1011. Extension of the authority of the Chief of the National Guard Bureau to establish and operate National Guard counterdrug schools.

Sec. 1012. Reporting requirement on expenditures to support foreign counter-drug activities.

Sec. 1013. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.

Sec. 1014. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1015. Sense of Congress regarding the counterdrug tethered aerostat radar system program.

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Policy relating to major combatant vessels of the strike forces of the United States Navy.

Sec. 1022. Limitation on availability of funds for delayed annual naval vessel construction plan.

Subtitle D--Counterterrorism

Sec. 1031. Findings on detention pursuant to the Authorization for Use of Military Force enacted in 2001.

Sec. 1032. Findings regarding habeas corpus rights.

Sec. 1033. Rights Unaffected.

Sec. 1034. Extension of authority to make rewards for combating terrorism.

Sec. 1035. Prohibition on travel to the United States for certain detainees repatriated to the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands.

Sec. 1036. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1037. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.

Sec. 1038. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1039. Reports on recidivism of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, that have been transferred to foreign countries.

Sec. 1040. Notice and report on use of naval vessels for detention of individuals captured outside Afghanistan pursuant to the Authorization for Use of Military Force.

Sec. 1041. Notice required prior to transfer of certain individuals detained at the Detention Facility at Parwan, Afghanistan.

Sec. 1042. Report on recidivism of individuals formerly detained at the Detention Facility at Parwan, Afghanistan.

Sec. 1043. Additional requirements relating to the transfer of individuals detained at Guantanamo to foreign countries and other foreign entities.

Subtitle E--Nuclear Forces

Sec. 1051. Nuclear weapons employment strategy of the United States.

Sec. 1052. Commitments for nuclear weapons stockpile modernization.

Sec. 1053. Limitation and report in the event of insufficient funding for modernization of nuclear weapons stockpile.

Sec. 1054. Progress of modernization.

Sec. 1055. Limitation on strategic delivery system reductions.

Sec. 1056. Prevention of asymmetry of nuclear weapon stockpile reductions.

Sec. 1057. Consideration of expansion of nuclear forces of other countries.

Sec. 1058. Chemistry and Metallurgy Research Replacement Nuclear Facility and Uranium Processing Facility.

Sec. 1059. Nuclear warheads on intercontinental ballistic missiles of the United States.

Sec. 1060. Nonstrategic nuclear weapon reductions and extended deterrence policy.

Sec. 1061. Improvements to Nuclear Weapons Council.

Sec. 1062. Interagency Council on the Strategic Capability of the National Laboratories.

Sec. 1063. Report on capability of conventional and nuclear forces against certain tunnel sites.

Sec. 1064. Report on conventional and nuclear forces in the Western Pacific region.

Sec. 1065. Sense of Congress on nuclear arsenal.

Sec. 1065A. Budget requirements associated with sustaining and modernizing the nuclear deterrent.

Sec. 1065B. Prohibition on unilateral reduction of nuclear weapons of the United States.

Sec. 1065C. Limitation on availability of funds for retirement of strategic delivery systems.

Subtitle F--Studies and Reports

Sec. 1066. Assessment of Department of Defense use of electromagnetic spectrum.

Sec. 1067. Electronic Warfare Strategy of the Department of Defense.

Sec. 1068. Report on counterproliferation capabilities and limitations.

Sec. 1069. Report on communications from Congress on status of military construction projects.

Sec. 1070. Federal mortuary affairs advisory commission.

Sec. 1070A. Report on manufacturing industry.

Sec. 1070B. Report on long-term costs of Operation New Dawn, Operation Enduring Freedom, and other contingency operations.

Subtitle G--Miscellaneous Authorities and Limitations

Sec. 1071. Rule of construction relating to prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons.

Sec. 1072. Expansion of authority of the Secretary of the Army to loan or donate excess small arms for funeral and other ceremonial purposes.

Sec. 1073. Prohibition on the use of funds for manufacturing beyond low-rate initial production at certain prototype integration facilities.

Sec. 1074. Interagency collaboration on unmanned aircraft systems.

Sec. 1075. Authority to transfer surplus Mine-Resistant Ambush- Protected vehicles and spare parts.

Sec. 1076. Limitation on availability of funds for retirement of aircraft.

Sec. 1077. Prohibition on Department of Defense use of nondisclosure agreements to prevent members of the Armed Forces and civilian employees of the Department from communicating with Members of Congress.

Sec. 1078. Authority for Corps of Engineers to construct projects critical to navigation safety.

Sec. 1079. Review of Air National Guard Component Numbered Air Force Augmentation Force.

Subtitle H--Other Matters

Sec. 1081. Bipartisan independent strategic review panel.

Sec. 1082. Notification of delayed reports.

Sec. 1083. Technical and clerical amendments.

Sec. 1084. Prohibition on use of information against a United States citizen gathered by unmanned aerial vehicle without a warrant.

Sec. 1085. The House of Representatives Honors.

Sec. 1086. Cost of wars.

Sec. 1087. Increase in authorized number of weapons of mass destruction civil support teams.

Sec. 1088. Trial of foreign terrorists.

Sec. 1089. Rialto-Colton basin, California, water resources study.

Sec. 1090. Report on designation of Boko Haram as a foreign terrorist organization.

Sec. 1091. Sense of Congress on recognizing Air Mobility Command on its 20th anniversary.

Sec. 1092. Consolidation of data centers.

Sec. 1093. Sense of Congress Regarding Preservation of Second Amendment Rights of Active Duty Military Personnel Stationed or Residing in the District of Columbia.

Sec. 1094. Conditional replacement for FY 2013 sequester.

Sec. 1095. Report on defense forensic data.

Sec. 1096. Display of State, District of Columbia, and territorial flags by Armed Forces.

Sec. 1097. Dissemination abroad of information about the United States.

Sec. 1098. Improving organization for computer network operations.

Sec. 1099. Improving United States Foreign Police Assistance Activities.

Sec. 1099A. Sense of Congress Regarding United States Northern Command preparedness.

Sec. 1099B. Limitation on military musical units.

Sec. 1099C. Requirement for Attorney General to investigate possible violations of Federal law related to leaks of sensitive information involving the military, intelligence, and operational capabilities of the United States and Israel.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--General Provisions

Sec. 1101. Expansion of personnel management authority under experimental program with respect to certain scientific and technical positions.

Sec. 1102. Authority to pay for the transport of family household pets for Federal employees during certain evacuation operations.

Sec. 1103. Extension of authority to fill shortage category positions for certain Federal acquisition positions for civilian agencies.

Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1105. Policy on senior mentors.

Subtitle B--Interagency Personnel Rotations

Sec. 1111. Interagency personnel rotations.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Commanders' Emergency Response Program in Afghanistan.

Sec. 1202. Modification of authorities relating to program to build the capacity of foreign military forces.

Sec. 1203. Three-year extension of authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.

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

Sec. 1211. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1212. Authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1213. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1214. Prohibition on use of private security contractors and members of the Afghan Public Protection Force to provide security for members of the Armed Forces and military installations and facilities in Afghanistan.

Sec. 1215. Report on updates and modifications to campaign plan for Afghanistan.

Sec. 1216. United States military support in Afghanistan.

Sec. 1217. Extension and modification of Pakistan Counterinsurgency Fund.

Sec. 1218. Modification of report on progress toward security and stability in Afghanistan.

Sec. 1219. Limitation on use of funds under the Pakistan Counterinsurgency Fund.

Subtitle C--Matters Relating to Iran

Sec. 1221. Declaration of policy.

Sec. 1222. United States military preparedness in the Middle East.

Sec. 1223. Annual report on military power of Iran.

Sec. 1224. Enhancing the defense of Israel and United States interests in the Middle East.

Sec. 1225. Plan to enhance military capabilities of Persian Gulf allies.

Sec. 1226. Plan to increase strategic regional partnerships.

Sec. 1227. Definitions.

Sec. 1228. Rule of construction.

Subtitle D--Reports and Other Matters

Sec. 1231. Annual report on military and security developments involving the People's Republic of China.

Sec. 1232. Report on military and security developments involving the Democratic People's Republic of Korea.

Sec. 1233. Report on host nation support for overseas United States military installations and United States Armed Forces deployed in country.

Sec. 1234. NATO Special Operations Headquarters.

Sec. 1235. Reports on exports of missile defense technology to certain countries.

Sec. 1236. Limitation on funds to provide the Russian Federation with access to missile defense technology.

Sec. 1237. International agreements relating to missile defense.

Sec. 1238. Limitation on assistance to provide tear gas or other riot control items.

Sec. 1239. Requirement to submit to Congress a plan for a foreign infrastructure project using funds made available for overseas contingency operations.

Sec. 1240. Sale of F-16 aircraft to Taiwan.

Sec. 1240A. Limitation on funds for institutions or organizations established by the United Nations Convention on the Law of the Sea.

Sec. 1240B. Removal of Brigade Combat Teams from Europe.

Sec. 1240C. Limitation on funds for United States participation in joint military exercises with Egypt.

Subtitle E--Authority to Remove Satellites and Related Components and Technology From the United States Munitions List

Sec. 1241. Authority to remove satellites and related components and technology from the United States Munitions List.

Sec. 1242. Report on licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List.

Sec. 1243. Review of United States Munitions List.

Sec. 1244. Report on country exemptions for licensing of exports of munitions and related technical data.

Sec. 1245. End-use monitoring of munitions and related technical data.

Sec. 1246. Interagency process for modification of Category XV of the United States Munitions List.

Sec. 1247. Definitions.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Limitation on availability of funds for cooperative threat reduction activities with Russian Federation.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Chemical Agents and Munitions Destruction, Defense.

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Sec. 1407. Cemeterial expenses.

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.

Sec. 1412. Additional security of strategic materials supply chains.

Subtitle C--Other Matters

Sec. 1421. Reduction of unobligated balances within the Pentagon Reservation Maintenance Revolving Fund.

Sec. 1422. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1423. Authorization of appropriations for Armed Forces Retirement Home.

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

Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Defense Health Program.

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1509. Defense Inspector General.

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Sec. 1523. Limitation on use of funds in Overseas Contingency Operations Transfer Fund.

Subtitle C--Limitations and Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund.

Sec. 1532. One-year extension of project authority and related requirements of Task Force for Business and Stability Operations in Afghanistan.

Sec. 1533. Limitations on availability of funds in Afghanistan Security Forces Fund.

TITLE XVI--INDUSTRIAL BASE MATTERS

Subtitle A--Defense Industrial Base Matters

Sec. 1601. Disestablishment of Defense Materiel Readiness Board.

Sec. 1602. Assessment of effects of foreign boycotts.

Sec. 1603. Advancing Innovation Pilot Program.

Sec. 1604. National security strategy for national technology and industrial base.

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

Sec. 1611. Pilot program to assist in the growth and development of advanced small business concerns.

Sec. 1612. Role of the Directors of Small Business Programs in requirements development and acquisition decision processes of the Department of Defense.

Sec. 1613. Small Business Advocate for defense audit agencies.

Sec. 1614. Independent assessment of Federal procurement contracting performance of the Department of Defense.

Sec. 1615. Assessment of small business programs transition.

Sec. 1616. Additional responsibilities of Inspector General of the Department of Defense.

Sec. 1617. Restoration of 1 percent funding for administrative expenses of Commercialization Readiness Program of Department of Defense.

Subtitle C--Matters Relating to Small Business Concerns

Part I--Procurement Center Representatives

Sec. 1621. Procurement center representatives.

Sec. 1622. Small Business Act contracting requirements training.

Sec. 1623. Acquisition planning.

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

Sec. 1631. Goals for procurement contracts awarded to small business concerns.

Sec. 1632. Reporting on goals for procurement contracts awarded to small business concerns.

Sec. 1633. Senior executives.

Part III--Mentor-Protege Program

Sec. 1641. Mentor-Protege programs.

Sec. 1642. Government Accountability Office Report.

Part IV--Transparency in Subcontracting

subpart a--limitations on subcontracting

Sec. 1651. Limitations on subcontracting.

Sec. 1652. Penalties.

Sec. 1653. Conforming amendments.

Sec. 1654. Regulations.

subpart b--subcontracting plans

Sec. 1655. Subcontracting plans.

Sec. 1656. Notices of subcontracting opportunities.

Sec. 1657. Regulations.

subpart c--publication of certain documents

Sec. 1658. Publication of certain documents.

Part V--Small Business Concern Size Standards

Sec. 1661. Small business concern size standards.

Part VI--Contract Bundling

Sec. 1671. Consolidation of provisions relating to contract bundling.

Sec. 1672. Repeal of redundant provisions.

Sec. 1673. Technical amendments.

Part VII--Increased Penalties for Fraud

Sec. 1681. Safe harbor for good faith compliance efforts.

Sec. 1682. Office of Hearings and Appeals.

Sec. 1683. Requirement fraudulent businesses be suspended or debarred.

Sec. 1684. Annual report on suspensions and debarments proposed by Small Business Administration.

Part VIII--Offices of Small and Disadvantaged Business Units

Sec. 1691. Offices of Small and Disadvantaged Business Utilization.

Sec. 1692. Small Business Procurement Advisory Council.

Part IX--Early Stage Small Business Contracting

Sec. 1693a. Program to provide Federal contracts to early stage small businesses.

Part X--Other Matters

Sec. 1695. Surety bonds.

Sec. 1696. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance.

Sec. 1697. Limitation on contracting.

TITLE XVII--END TRAFFICKING IN GOVERNMENT CONTRACTING

Sec. 1701. Short title.

Sec. 1702. Definitions.

Sec. 1703. Contracting requirements.

Sec. 1704. Compliance plan and certification requirement.

Sec. 1705. Monitoring and investigation of trafficking in persons.

Sec. 1706. Notification to inspectors general and cooperation with government.

Sec. 1707. Expansion of fraud in foreign labor contracting to include work outside the United States.

Sec. 1708. Improving Department of Defense accountability for reporting trafficking in persons claims and violations.

Sec. 1709. Rule of construction.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2010 project.

Sec. 2105. Extension of authorizations of certain fiscal year 2009 projects.

Sec. 2106. Extension of authorizations of certain fiscal year 2010 projects.

Sec. 2107. Extension of limitation on obligation or expenditure of funds for tour normalization.

TITLE XXII--NAVY MILITARY CONSTRUCTION

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects.

Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects.

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Extension of authorizations of certain fiscal year 2010 projects.

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2012 projects.

Sec. 2405. Extension of authorization of certain fiscal year 2010 project.

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.

Sec. 2412. Modification of authority to carry out certain fiscal year 1997 project.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B--Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2010 projects.

Sec. 2612. Modification of authority to carry out certain fiscal year 2011 projects.

Sec. 2613. Extension of authorization of certain fiscal year 2009 project.

Sec. 2614. Extension of authorization of certain fiscal year 2010 projects.

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Subtitle A--Authorization of Appropriations

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

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

Subtitle B--Other Matters

Sec. 2711. Consolidation of Department of Defense base closure accounts and authorized uses of base closure account funds.

Sec. 2712. Air Armament Center, Eglin Air Force Base.

Sec. 2713. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Sec. 2714. Consideration of United States military bases located overseas in criteria used to consider and recommend military installations for closure or realignment.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Preparation of military installation master plans.

Sec. 2802. Sustainment oversight and accountability for military housing privatization projects and related annual reporting requirements.

Sec. 2803. One-year extension of authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2804. Treatment of certain defense nuclear facility construction projects as military construction projects.

Sec. 2805. Execution of Chemistry and Metallurgy Research Building Replacement nuclear facility and limitation on alternative plutonium strategy.

Sec. 2806. Use of project labor agreements in military construction projects and military family housing projects.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Authority of military museums to accept gifts and services and to enter into leases and cooperative agreements.

Sec. 2812. Clarification of parties with whom Department of Defense may conduct exchanges of real property at certain military installations.

Sec. 2813. Indemnification of transferees of property at any closed military installation.

Sec. 2814. Identification requirement for entry on military installations.

Sec. 2815. Plan to protect critical Department of Defense critical assets from electromagnetic pulse weapons.

Subtitle C--Energy Security

Sec. 2821. Congressional notification for contracts for the provision and operation of energy production facilities authorized to be located on real property under the jurisdiction of a military department.

Sec. 2822. Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) gold or platinum certification and expansion to include implementation of ASHRAE building standard 189.1.

Sec. 2823. Availability and use of Department of Defense energy cost savings to promote energy security.

Sec. 2824. Definition of renewable energy source for Department of Defense energy security.

Subtitle D--Provisions Related to Guam Realignment

Sec. 2831. Use of operation and maintenance funding to support community adjustments related to realignment of military installations and relocation of military personnel on Guam.

Sec. 2832. Certification of military readiness need for firing range on Guam as condition on establishment of range.

Sec. 2833. Repeal of conditions on use of funds for Guam realignment.

Subtitle E--Land Conveyances

Sec. 2841. Modification to authorized land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska.

Sec. 2842. Modification of financing authority, Broadway Complex of the Department of the Navy, San Diego, California.

Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, Ohio.

Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.

Sec. 2845. Modification of land conveyance, Fort Hood, Texas.

Sec. 2846. Transfer of administrative jurisdiction, Fort Lee Military Reservation and Petersburg National Battlefield, Virginia.

Subtitle F--Other Matters

Sec. 2861. Inclusion of religious symbols as part of military memorials.

Sec. 2862. Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.

Sec. 2863. Sense of Congress regarding establishment of military divers memorial at Washington Navy Yard.

Sec. 2864. Gold Star Mothers National Monument, Arlington National Cemetery.

Sec. 2865. Naming of training and support complex, Fort Bragg, North Carolina.

Sec. 2866. Naming of electrochemistry engineering facility, Naval Support Activity Crane, Crane, Indiana.

Sec. 2867. Retention of core functions of the Electronic Systems Center at Hanscom Air Force Base, Massachusetts.

Sec. 2868. Retention of core functions of the Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio.

Sec. 2869. Massachusetts Institute of Technology--Lincoln Laboratory improvement project.

Sec. 2870. Limitation on availability of funds pending report regarding acquisition of land and development of a training range facility adjacent to the Marine Corps Ground Air Combat Center Twenty Nine Palms, California.

Sec. 2871. Retention of core functions of the Air Traffic Control Station, Johnstown Air National Guard Base, Pennsylvania.

Sec. 2872. Modification of notice requirements in advance of permanent reduction of sizable numbers of members of the Armed Forces at military installations.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

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

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Energy security and assurance.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Authorized personnel levels of the Office of the Administrator.

Sec. 3112. Budget justification materials.

Sec. 3113. Contractor governance, oversight, and accountability.

Sec. 3114. National Nuclear Security Administration Council.

Sec. 3115. Safety, health, and security of the National Nuclear Security Administration.

Sec. 3116. Design and use of prototypes of nuclear weapons.

Sec. 3117. Improvement and streamlining of the missions and operations of the Department of Energy and National Nuclear Security Administration.

Sec. 3118. Cost-benefit analyses for competition of management and operating contracts.

Sec. 3119. Limitation on availability of funds for Inertial Confinement Fusion Ignition and High Yield Campaign.

Sec. 3120. Limitation on availability of funds for Global Security through Science Partnerships Program.

Sec. 3121. Limitation on availability of funds for Center of Excellence on Nuclear Security.

Sec. 3122. Two-year extension of schedule for disposition of weapons- usable plutonium at Savannah River Site, Aiken, South Carolina.

Sec. 3123. Limitation on availability of funds for nuclear nonproliferation activities with Russian Federation.

Subtitle C--Improvements to National Security Energy Laws

Sec. 3131. Improvements to the Atomic Energy Defense Act.

Sec. 3132. Improvements to the National Nuclear Security Administration Act.

Sec. 3133. Clarification of the role of the Administrator for Nuclear Security.

Sec. 3134. Consolidated reporting requirements relating to nuclear stockpile stewardship, management, and infrastructure.

Sec. 3135. Repeal of certain reporting requirements.

Subtitle D--Reports

Sec. 3141. Notification of nuclear criticality and non-nuclear incidents.

Sec. 3142. Reports on lifetime extension programs.

Sec. 3143. National Academy of Sciences study on peer review and design competition related to nuclear weapons.

Sec. 3144. Report on defense nuclear nonproliferation programs.

Sec. 3145. Study on reuse of plutonium pits.

Sec. 3146. Study on a multi-agency governance model for national security laboratories.

Subtitle E--Other Matters

Sec. 3151. Use of probabilistic risk assessment to ensure nuclear safety.

Sec. 3152. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile and nuclear forces.

Sec. 3153. Classification of certain restricted data.

Sec. 3154. Independent cost assessments for life extension programs, new nuclear facilities, and other matters.

Sec. 3155. Assessment of nuclear weapon pit production requirement.

Sec. 3156. Intellectual property related to uranium enrichment.

Sec. 3157. Sense of Congress on competition and fees related to the management and operating contracts of the nuclear security enterprise.

Sec. 3158. Pilot program on technology commercialization.

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. Identification of actions to enable qualified United States flag capacity to meet national defense requirements.

Sec. 3510. Department of Defense national strategic ports study and Comptroller General studies and reports on strategic ports.

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. OVERSEAS CONTINGENCY OPERATIONS.

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle B--Army Programs

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

(a) Authority for Multiyear Procurement.--In accordance with section 2306b of title 10, United States Code, the Secretary of the Army may enter into a multiyear contract, beginning with the fiscal year 2013 program year, for the procurement of airframes for CH-47F helicopters.

(b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY.

(a) Reports.--Not later than October 31, 2012, and each year thereafter through 2017, the Secretary of the Army shall submit to the congressional defense committees a report on the time-sensitive or mission-critical airlift requirements of the Army.

(b) Matters Included.--The reports under subsection (a) shall include, with respect to the fiscal year before the fiscal year in which the report is submitted, the following information:

(1) The total number of time-sensitive or mission-critical airlift movements required for training, steady-state, and contingency operations.

(2) The total number of time-sensitive or mission-critical airlift sorties executed for training, steady-state, and contingency operations.

(3) Of the total number of sorties listed under paragraph (2), the number of such sorties that were operated using each of--

(A) aircraft of the Army;

(B) aircraft of the Air Force; and

(C) aircraft of contractors.

(4) For each sortie described under subparagraph (A) or (C) of paragraph (3), an explanation for why the Secretary did not use aircraft of the Air Force to support the mission.

Subtitle C--Navy Programs

SEC. 121. RETIREMENT OF NUCLEAR-POWERED BALLISTIC SUBMARINES.

Section 5062 of title 10, United States Code, is amended by adding at the end the following new subsection:

"(e)(1) Beginning October 1, 2012, the Secretary of the Navy may not retire or decommission a nuclear-powered ballistic missile submarine if such retirement or decommissioning would result in the active or commissioned fleet of such submarines consisting of less than 12 submarines.

"(2) The limitation in paragraph (1) shall not apply to a nuclear- powered ballistic submarine that has been converted to carry exclusively non-nuclear payloads as of October 1, 2012.".

SEC. 122. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION AUTHORITY.

Section 121(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104), as amended by section 124 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1320), is amended by striking "four fiscal years" and inserting "five fiscal years".

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

Section 128 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2217), as amended by Public Law 111-238 (124 Stat. 2500), is amended by adding at the end the following new subsection:

"(f) Extension of Multiyear Authority.--Notwithstanding section 2306b of title 10, United States Code, the Secretary of the Navy may modify a multiyear contract entered into under subsection (a) to add a fifth production year to such contract.".

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

(a) Authority for Multiyear Procurement.--In accordance with section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract, beginning with the fiscal year 2013 program year, for the procurement of V-22 aircraft for the Department of the Navy, the Department of the Air Force, and the United States Special Operations Command.

(b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE-CLASS DESTROYERS AND ASSOCIATED SYSTEMS.

(a) Authority for Multiyear Procurement.--In accordance with section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract, beginning with the fiscal year 2013 program year, for the procurement of not more than 10 Arleigh Burke-class guided missile destroyers, including the Aegis weapon systems, MK 41 vertical launching systems, and commercial broadband satellite systems associated with such vessels.

(b) Authority for Advance Procurement.--The Secretary of the Navy may enter into a contract, beginning in fiscal year 2013, for advance procurement associated with the vessels and systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS SUBMARINE PROGRAM.

(a) Authority for Multiyear Procurement.--

(1) In general.--In accordance with section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract, beginning with the fiscal year 2014 program year, for the procurement of not more than 10 Virginia- class submarines and Government-furnished equipment associated with the Virginia-class submarine program.

(2) Use of incremental funding.--The Secretary may use incremental funding with respect to a contract entered into under paragraph (1).

(b) Authority for Advance Procurement.--The Secretary of the Navy may enter into a contract, beginning in fiscal year 2013, for advance procurement associated with the vessels and systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a)(1).

(c) Condition for Out-year Contract Payments.--A contract entered into under subsection (a)(1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

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

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

(b) Contract Authority.--The Secretary of the Navy may enter into a contract during fiscal year 2013 for the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln.

(c) Condition for Out-year Contract Payments.--A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for that later fiscal year.

SEC. 128. REPORT ON LITTORAL COMBAT SHIP DESIGNS.

Not later than December 31, 2013, the Secretary of the Navy shall submit to the congressional defense committees a report on the designs of the Littoral Combat Ship, including comparative cost and performance information for both designs of such ship.

SEC. 129. COMPTROLLER GENERAL REVIEWS OF LITTORAL COMBAT SHIP PROGRAM.

(a) Acceptance of LCS.--

(1) In general.--The Comptroller General of the United States shall conduct a review of the compliance of the Secretary of the Navy with part 246 of title 48 of the Code of Federal Regulations and subpart 46.5 of the Federal Acquisition Regulation in accepting the LCS.

(2) Matters included.--The review under paragraph (1) shall include a discussion of the knowledge of, and determinations by, the LCS program office and contractors with respect to the following:

(A) Potential for cracks in the LCS hull and deckhouse and any corresponding potential design risks.

(B) Chargeable equipment failures.

(C) Potential for engine failures or breakdowns.

(D) Meeting key performance parameters, including speed.

(E) Review of the quality of seals and welds.

(F) Review of water jet corrosion.

(G) Completeness of records to support acceptance of the LCS.

(H) How the LCS risk and problems compare to lead ships in comparable programs.

(I) Security of the ship and systems, including any known lapses.

(J) Manning analysis, including how it would affect key performance parameters.

(K) Strategies for balancing cost, schedule, and performance trade-offs as required by section 201 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1719).

(b) Operational Support.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the operational support and sustainment strategy for the Littoral Combat Ship program, including modernization and logistics support.

(c) Cooperation.--For purposes of conducting the review under subsection (a)(1) and (b), the Secretary of Defense shall ensure that the Comptroller General has access to--

(1) all relevant records of the Department; and

(2) all relevant communications between Department officials, whether such communications occurred inside or outside the Federal Government.

SEC. 130. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING IN EARLY STAGES OF SHIPBUILDING.

It is the sense of Congress that--

(1) placing a priority on engineering dollars in the early stages of shipbuilding programs is a vital component of keeping cost down; and

(2) therefore, the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.

SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT AND PRESENCE REQUIREMENTS.

(a) In General.--It is the sense of Congress that--

(1) the United States Marine Corps is a combat force which leverages maneuver from the sea as a force multiplier allowing for a variety of operational tasks ranging from major combat operations to humanitarian assistance;

(2) the United States Marine Corps is unique in that, while embarked upon Naval vessels, they bring all the logistic support necessary for the full range of military operations, operating "from the sea" they require no third party host nation permission to conduct military operations;

(3) the Department of the Navy has a requirement for 38 amphibious assault ships to meet this full range of military operations;

(4) for budgetary reasons only that requirement of 38 vessels was reduced to 33 vessels, which adds military risk to future operations;

(5) the Department of the Navy has been unable to meet even the minimal requirement of 33 operationally available vessels and has submitted a shipbuilding and ship retirement plan to the Congress which will reduce the force to 28 vessels; and

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

(b) Next Generation of Amphibious Ships.--In light of subsection (a), it is the sense of Congress that--

(1) the Navy should consider prioritization of investment in and procurement of the next generation of amphibious assault ships;

(2) the next generation amphibious assault ships should maintain survivability protection level II in accordance with current Navy ship requirements;

(3) commonality in hull form design could be a desirable element to reduce acquisition and life cycle cost; and

(4) maintaining a robust amphibious shipbuilding industrial base is vital for future national security.

Subtitle D--Air Force Programs

SEC. 141. RETIREMENT OF B-1 BOMBER AIRCRAFT.

(a) In General.--Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

"(h)(1) Beginning October 1, 2011, the Secretary of the Air Force may not retire more than six B-1 aircraft.

"(2) The Secretary shall maintain in a common capability configuration not less than 36 B-1 aircraft as combat-coded aircraft.

"(3) In this subsection, the term 'combat-coded aircraft' means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.".

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

SEC. 142. MAINTENANCE OF STRATEGIC AIRLIFT AIRCRAFT.

(a) Modification to Limitation on Retirement of C-5 Aircraft.--

Section 137(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2222) is amended by striking "316" and inserting "301".

(b) Report.--

(1) In general.--Not later than February 1, 2013, the Commander of the United States Transportation Command shall submit to the congressional defense committees a report assessing the operational risk of meeting the steady-state and warfighting requirements of the commanders of the geographical combatant commands with respect to the Secretary of the Air Force maintaining an inventory of strategic airlift aircraft of less than 301 aircraft.

(2) Matters included.--The report under paragraph (1) shall include a description and analysis of the assumptions made by the Commander with respect to--

(A) aircraft usage rates;

(B) aircraft mission availability rates;

(C) aircraft mission capability rates;

(D) aircrew ratios;

(E) aircrew production;

(F) aircrew readiness rates; and

(G) any other assumption the Commander uses to develop such report.

(3) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

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

(a) In General.--After fiscal year 2013, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Air Force may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, a C-27J aircraft until a period of 180 days has elapsed following the date on which--

(1) the Director of the Congressional Budget Office submits to the congressional defense committees the analysis conducted under subsection (b)(1); and

(2) the reports under subsections (d)(2) and (e)(2) of section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1318) are submitted to the congressional defense committees.

(b) Life-cycle Cost Analysis.--

(1) CBO.--The Director of the Congressional Budget Office shall submit to the congressional defense committees a 40-year life-cycle cost analysis of C-27J aircraft, C-130H aircraft, and C-130J aircraft.

(2) Matters included.--The life-cycle cost analysis conducted under paragraph (1) shall--

(A) take into account all upgrades and modifications required to sustain the aircraft specified in paragraph (1) during a 40-year service- life;

(B) assess the most cost-effective and mission- effective manner for which C-27J aircraft could be affordably fielded by the Air National Guard, including by determining--

(i) the number of basing locations required;

(ii) the number of authorized personnel associated with a unit's manning document; and

(iii) the maintenance and sustainment strategy required; and

(C) outline any limiting factors regarding the analysis of C-27J aircraft with respect to cost assumptions used by the Director in such analysis and the actual costs incurred for aircraft fielded by the Air Force as of the date of the analysis.

(3) Cooperation.--The Secretary of Defense shall provide the Director with any information, including original source documentation, the Director determines is required to promptly conduct the analysis under paragraph (1).

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

(a) In General.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Air Force may be used to terminate the C-130 avionics modernization program until a period of 180 days has elapsed after the date on which the Secretary of the Air Force submits to the congressional defense committees the cost-benefit analysis conducted under subsection (b)(1).

(b) Cost-benefit Analysis.--

(1) FFRDC.--The Secretary shall seek to enter into an agreement with the Institute for Defense Analyses to conduct an independent cost-benefit analysis that compares the following alternatives:

(A) Upgrading and modernizing the legacy C-130 airlift fleet using the C-130 avionics modernization program.

(B) Upgrading and modernizing the legacy C-130 airlift fleet using a reduced scope program for avionics and mission planning systems.

(2) Matters included.--The cost-benefit analysis conducted under paragraph (1) shall take into account--

(A) the effect of life-cycle costs for--

(i) each of the alternatives described in subparagraphs (A) and (B); and

(ii) C-130 aircraft that are not upgraded or modernized; and

(B) the future costs associated with the potential upgrades to avionics and mission systems that may be required in the future for legacy C-130 aircraft to remain relevant and mission effective.

SEC. 145. REVIEW OF C-130 FORCE STRUCTURE.

(a) Review.--The Secretary of the Air Force shall conduct a review of the C-130 force structure.

(b) Report.--Not later than the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2014, the Secretary of the Air Force shall submit to the congressional defense committees a report of the review under subsection (a), including--

(1) how the Secretary will determine which C-130 aircraft will be retired or relocated during fiscal years 2014 through 2018;

(2) a description of the methodologies underlying such determinations, including the factors and assumptions that shaped the specific determinations;

(3) the rationale for selecting C-130 aircraft to be retired or relocated with respect to such aircraft of the regular components and such aircraft of the reserve components; and (4) details of the costs incurred, avoided, or saved with respect to retiring or relocating C-130 aircraft.

(c) Comptroller General Review.--Not later than 60 days after the date on which the report is submitted under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees a review of such report, including the costs and benefits of the planned retirements and relocations described in such report.

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

(a) Sense of Congress.--It is the sense of Congress that--

(1) assured access to space remains critical to national security; and

(2) the plan by the Air Force to commit, beginning in fiscal year 2013, to an annual production rate of launch vehicle booster cores should maintain mission assurance, stabilize the industrial base, reduce costs, and provide opportunities for competition.

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

(1) a report describing the acquisition strategy for such program; and

(2) written certification that such strategy--

(A) maintains assured access to space;

(B) achieves substantial cost savings; and

(C) provides opportunities for competition.

(c) Matters Included.--The report under subsection (b)(1) shall include the following information:

(1) The anticipated savings to be realized under the acquisition strategy for the evolved expendable launch vehicle program.

(2) The number of launch vehicle booster cores covered by the planned contract for such program.

(3) The number of years covered by such contract.

(4) An assessment of when new entrants that have submitted a statement of intent will be certified to compete for evolved expendable launch vehicle-class launches.

(5) The projected launch manifest, including possible opportunities for certified new entrants to compete for evolved expendable launch vehicle-class launches.

(6) Any other relevant analysis used to inform the acquisition strategy for such program.

(d) Comptroller General.--

(1) Review.--The Comptroller General of the United States shall review the report under subsection (b)(1).

(2) Submittal.--Not later than 30 days after the date on which the report under subsection (b)(1) is submitted to the appropriate congressional committees, the Comptroller General shall--

(A) submit to such committees a report on the review under paragraph (1); or (B) provide to such committees a briefing on such review.

(e) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means the following:

(1) The congressional defense committees.

(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

SEC. 147. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS.

(a) Contract Authority.--

(1) In general.--The Secretary of the Air Force may procure two space-based infrared systems by entering into a fixed-price contract. Such procurement may also include--

(A) material and equipment in economic order quantities when cost savings are achievable; and

(B) cost reduction initiatives.

(2) Use of incremental funding.--With respect to a contract entered into under paragraph (1) for the procurement of space- based infrared systems, the Secretary may use incremental funding for a period not to exceed six fiscal years.

(3) Liability.--A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that the total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at the time of termination.

(b) Limitation of Costs.--

(1) Limitation.--Except as provided by subsection (c), and excluding amounts described in paragraph (2), the total amount obligated or expended for the procurement of two space-based infrared systems authorized by subsection (a) may not exceed $3,900,000,000.

(2) Exclusion.--The amounts described in this paragraph are amounts associated with the following:

(A) Plans.

(B) Technical data packages.

(C) Post-delivery and program support costs.

(D) Technical support for obsolescence studies.

(c) Waiver and Adjustment to Limitation Amount.--

(1) Waiver.--In accordance with paragraph (2), the Secretary may waive the limitation in subsection (b)(1) if the Secretary submits to the congressional defense committees written notification of the adjustment made to the amount set forth in such subsection.

(2) Adjustment.--Upon waiving the limitation under paragraph (1), the Secretary may adjust the amount set forth in subsection (b)(1) by the following:

(A) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2012.

(B) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2012.

(C) The amounts of increases or decreases in costs of the satellites that are attributable to insertion of new technology into a space-based infrared system, as compared to the technology built into such a system procured prior to fiscal year 2013, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is--

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

(d) Report.--Not later than 30 days after the date on which the Secretary awards a contract under subsection (a), the Secretary shall submit to the congressional defense committees a report on such contract, including the following:

(1) The total cost savings resulting from the authority provided by subsection (a).

(2) The type and duration of the contract awarded.

(3) The total contract value.

(4) The funding profile by year.

(5) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract.

(6) A plan for using cost savings described in paragraph (1) to improve the capability of overhead persistent infrared, including a description of--

(A) the available funds, by year, resulting from such cost savings;

(B) the specific activities or subprograms to be funded by such cost savings and the funds, by year, allocated to each such activity or subprogram;

(C) the objectives for each such activity or subprogram and the criteria used by the Secretary to determine which such activity or subprogram to fund;

(D) the method in which such activities or subprograms will be awarded, including whether it will be on a competitive basis; and

(E) the process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record.

Subtitle E--Joint and Multiservice Matters

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

(a) F-35A.--Not later than December 31, 2012, the Secretary of the Air Force shall--

(1) establish the initial operational capability date for the F-35A aircraft; and

(2) submit to the congressional defense committees a report on the details of such initial operational capability.

(b) F-35B and F-35C.--Not later than December 31, 2012, the Secretary of the Navy shall--

(1) establish the initial operational capability dates for the F-35B and F-35C aircraft; and

(2) submit to the congressional defense committees a report on the details of such initial operational capabilities for both variants.

SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS.

(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system.

(b) Maintained Levels.--During the period preceding December 31, 2014, in supporting the operational requirements of the combatant commands, the Secretary of the Air Force shall maintain the operational capability of each RQ-4 Block 30 Global Hawk unmanned aircraft system belonging to the Air Force or delivered to the Air Force during such period.

SEC. 153. COMMON DATA LINK FOR MANNED AND UNMANNED INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE SYSTEMS.

Section 141 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164), as amended by section 143 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2223), is amended by adding at the end the following new subsection:

"(e) Standards in Solicitations.--The Secretary of Defense shall ensure that a solicitation for a common data link described in subsection (a)--

"(1) complies with the most recently issued common data link specification standard of the Department of Defense as of the date of the solicitation; and

"(2) does not include any proprietary or undocumented interface or waveform as a requirement or criterion for evaluation.".

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

The Secretary of the Air Force shall ensure that the next- generation long-range strike bomber is--

(1) capable of carrying strategic nuclear weapons as of the date on which such aircraft achieves initial operating capability; and

(2) certified to use such weapons by not later than two years after such date.

SEC. 212. UNMANNED COMBAT AIR SYSTEM.

The Secretary of the Navy shall--

(1) conduct additional technology development risk reduction activities using the unmanned combat air system; and

(2) preserve a competitive acquisition environment for the Unmanned Carrier-launched Surveillance and Strike system program.

SEC. 213. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED CARRIER-LAUNCHED SURVEILLANCE AND STRIKE SYSTEM PROGRAM.

(a) Extension of Limitation.--Subsection (a) of section 213 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1330) is amended by inserting "or fiscal year 2013" after "fiscal year 2012".

(b) Technology Development Phase.--Such section is further amended by adding at the end the following new subsection:

"(d) Technology Development and Critical Design Phases.--

"(1) Contractors.--The Secretary of the Navy may not reduce the number of prime contractors working on the Unmanned Carrier-launched Surveillance and Strike system program to one prime contractor for the technology development phase of such program prior to the program achieving the critical design review milestone.

"(2) Critical design review.--The Unmanned Carrier- launched Surveillance and Strike system program may not achieve the critical design review milestone until on or after October 1, 2016.".

(c) Technical Amendment.--Such section is further amended by striking "Future Unmanned Carrier-based Strike System" each place it appears and inserting "Unmanned Carrier-launched Surveillance and Strike system".

SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE MANNED GROUND MOVING TARGET INDICATOR CAPABILITY OF THE AIR FORCE.

(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for research, development, test, and evaluation, Air Force, may be obligated or expended for any activity, including pre-Milestone A activities, to initiate a new start acquisition program to provide the Air Force with a manned ground moving target indicator capability or manned dismount moving target indicator capability until a period of 90 days has elapsed following the date on which the Secretary of the Air Force submits the report under subsection (b)(1).

(b) Report.--

(1) In general.--The Secretary of the Air Force shall submit to the congressional defense committees a report on the plan of the future manned ground moving target and manned dismount moving target indicator capabilities of the Air Force.

(2) Matters included.--The report under paragraph (1) shall include the following:

(A) The plan to maintain onboard command and control capability that is equal to or better than such capability provided by the E-8C joint surveillance target attack radar program.

(B) Each analysis of alternatives completed during fiscal year 2012 regarding future manned ground moving target indicator capability or manned dismount moving target indicator capability.

(C) With respect to each new program analyzed in an analysis of alternatives described in subparagraph (B)--

(i) the development, procurement, and sustainment cost estimates for such program; and (ii) a description of how such program will affect the potential growth of future manned ground moving target indicator capability or manned dismount moving target indicator capability.

(D) A description of potential operational and sustainment cost savings realized by the Air Force using a platform that is--

(i) derived from commercial aircraft; and

(ii) in operation by the Department of Defense as of the date of the report.

(E) The plan by the Secretary of Defense to retire or replace E-8C joint surveillance target attack radar aircraft.

(F) Any other matter the Secretary considers appropriate.

(c) Waiver.--The Secretary may waive the limitation in subsection (a) if the Secretary--

(1) determines that such waiver is required to meet an urgent operational need or other emergency contingency requirement directly related to ongoing combat operations; and

(2) notifies the congressional defense committees of such determination.

SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A ACTIVITIES FOR THE MQ-18 UNMANNED AIRCRAFT SYSTEM.

(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for research, development, test, and evaluation, Army, may be obligated or expended for Milestone A activities with respect to the MQ-18 medium-range multi-purpose vertical take-off and landing unmanned aircraft system until--

(1) the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate congressional committees that--

(A) such system is required to meet a capability in the manned and unmanned medium-altitude intelligence, surveillance, and reconnaissance force structure of the Department of Defense; and

(B) an existing unmanned aircraft system cannot meet such capability or be modified to meet such capability; and

(2) a period of 30 days has elapsed following the date on which the Chairman submits the certification under paragraph (1).

(b) Definitions.--In this section:

(1) The term "appropriate congressional committees" means--

(A) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

(2) The term "Milestone A activities" means, with respect to an acquisition program of the Department of Defense--

(A) the distribution of request for proposals;

(B) the selection of technology demonstration contractors; and

(C) technology development.

SEC. 216. VERTICAL LIFT PLATFORM TECHNOLOGY DEMONSTRATIONS.

(a) In General.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for joint capability technology demonstrations, the Under Secretary of Defense for Acquisition, Technology, and Logistics may obligate or expend not more than $5,000,000 to carry out a program to develop and flight- demonstrate vertical lift platform technologies that address the capability gaps described in the Future Vertical Lift Strategic Plan of the Department of Defense submitted to Congress in August 2010.

(b) Goals and Objectives.--The Under Secretary shall ensure that the program under subsection (a) has the following goals and objectives:

(1) To develop innovative vertical lift platform technologies that address capability gaps in speed, range, ceiling, survivability, reliability, and affordability applicable to both current and future rotorcraft of the Department of Defense.

(2) To flight-demonstrate such vertical lift technologies no later than 2016.

(3) To accelerate the development and transition of innovative vertical lift technologies by promoting the formation of competitive teams of small business working in collaboration with large contractors and academia.

Subtitle C--Missile Defense Programs

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

(a) Procurement.--The Secretary of Defense shall procure two AN/ TPY-2 radars.

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

SEC. 222. DEVELOPMENT OF ADVANCED KILL VEHICLE.

Not later than 180 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report that includes--

(1) a plan to provide that the new advanced kill vehicle on the standard missile-3 block IIB interceptor shall have the capability of being used for the ground-based midcourse defense program; and

(2) a description of the technology of and concept behind applying the former multiple kill vehicle concept to the new vehicle described in paragraph (1).

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

(a) Operational Site.--The Secretary of Defense shall ensure that a covered missile defense site on the East Coast of the United States is operational by not later than December 31, 2015.

(b) Consideration of Location.--

(1) Study.--Not later than December 31, 2013, the Secretary of Defense shall conduct a study evaluating three possible locations selected by the Director of the Missile Defense Agency for a covered missile defense site on the East Coast of the United States.

(2) EIS.--The Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for each location evaluated under paragraph (1).

(3) Location.--In selecting the three possible locations for a covered missile defense site under paragraph (1), the Secretary should--

(A) take into consideration--

(i) the strategic location of the proposed site; and

(ii) the proximity of the proposed site to major population centers; and

(B) give priority to a proposed site that--

(i) is operated or supported by the Department of Defense;

(ii) lacks encroachment issues; and

(iii) has a controlled airspace.

(c) Plan.--

(1) In general.--The Director of the Missile Defense Agency shall develop a plan to deploy an appropriate missile defense interceptor for a missile defense site on the East Coast.

(2) Matters included.--In developing the plan under paragraph (1), the Director shall evaluate the use of--

(A) two- or three-stage ground-based interceptors; and (B) standard missile-3 interceptors, including block IA, block IB, and for a later deployment, block IIA or block IIB interceptors.

(3) Submission.--The Director shall submit to the President the plan under paragraph (1) for inclusion with the budget materials submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2014.

(4) Funding.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Missile Defense Agency, $100,000,000 may be obligated or expended to carry out the plan developed under paragraph (1) after a period of 30 days has elapsed following the date on which the congressional defense committees receive the plan pursuant to paragraph (3).

(d) Covered Missile Defense Site.--In this section, the term "covered missile defense site" means a missile defense site that uses--

(1) ground-based interceptors; or

(2) standard missile-3 interceptors.

SEC. 224. GROUND-BASED MIDCOURSE DEFENSE SYSTEM.

(a) GMD System.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense, not less than $1,261,000,000 shall be made available for the ground-based midcourse defense system, as specified in the funding table in section 4201.

(b) Certain Programs of the GMD System.--

(1) EKV.--The Secretary of Defense shall complete the refurbishment of the CE1 exoatmospheric kill vehicle-equipped ground-based interceptors.

(2) MF-1.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the ground-based midcourse defense system, not less than $205,000,000 shall be obligated or expended to upgrade Missile Field 1 at Fort Greely, Alaska.

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

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

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

(a) Sense of Congress.--It is the sense of Congress that standard missile-3 block IIB interceptors should be deployable in both land- based and sea-based modes by the date on which such interceptors achieve initial operating capability.

(b) Land and Sea Modes.--The Secretary of Defense shall ensure that standard missile-3 block IIB interceptors are deployable using both land-based and sea-based systems by the date on which such interceptors achieve initial operating capability.

(c) Report.--

(1) Force structure.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on how the deployment of standard missile-3 block IIB interceptors affects the force structure of the Navy.

(2) Matters included.--The report under paragraph (1) shall include the following:

(A) The implications for the force structure of the Navy if standard missile-3 block IIB interceptors cannot fit in the standard vertical launching system configuration for the Aegis ballistic missile defense system, including the implications regarding--

(i) ship deployments;

(ii) cost; and

(iii) ability to respond to raids.

(B) An explanation for how standard missile-3 block IIB interceptors would be used, at initial operating capability, for the defense of the United States from threats originating in the Pacific region if such interceptors are not deployable in a sea-based mode, including an explanation of cost and force structure requirements.

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

(a) Availability of Funds.--

(1) In general.--Of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation, Defense-wide, as specified in the funding table in section 4201, or otherwise made available for the Department of Defense for fiscal years 2012 through 2015, the Secretary of Defense may provide up to $680,000,000 to the Government of Israel for the procurement of additional batteries and interceptors under the Iron Dome short-range rocket defense system and for related operations and sustainment expenses.

(2) Availability.--Funds made available for fiscal year 2012 or 2013 to carry out paragraph (1) are authorized to remain available until September 30, 2014.

(b) Office.--The Secretary of Defense shall establish within the Missile Defense Agency of the Department of Defense an office to carry out subsection (a) and other matters relating to assistance for Israel's Iron Dome short-range rocket defense system.

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

The Director of the Missile Defense Agency shall ensure that the sea-based X-band radar is maintained in a status such that the radar may be deployed in less than 14 days and for at least 60 days each year.

SEC. 229. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PROGRAM.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense may be obligated or expended for the medium extended air defense system.

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

(a) Limitation.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for covered missile defense activities, not more than 75 percent may be obligated or expended until--

(1) the Secretary of Defense and the Secretary of State jointly submit to the appropriate congressional committees--

(A) a report on the cost-sharing arrangements for the phased, adaptive approach to missile defense in Europe; and

(B) written certification that a proportional share, as determined by the Secretaries, of the costs for such approach to missile defense will be provided by members of the North Atlantic Treaty Organization other than the United States; and

(2) the Secretary of Defense--

(A) submits a NATO prefinancing request for consideration of expenses regarding such approach to missile defense (excluding such expenses related to military construction described in section 2403(b)); and (B) submits to the appropriate congressional committees the response by the NATO Secretary General or the North Atlantic Council to such request.

(b) Waiver.--The President may waive the limitation in subsection (a) with respect to a specific project of a covered missile defense activity if the President submits to the appropriate congressional committees and the written certification that the waiver for such project is vital to the national security interests of the United States.

(c) Definitions.--In this section:

(1) The term "appropriate congressional committees" means the following:

(A) The congressional defense committees.

(B) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(2) The term "covered missile defense activities" means, with respect to the phased, adaptive approach to missile defense in Europe, activities regarding--

(A) Aegis ashore sites; or (B) an AN/TPY-2 radar located in Turkey.

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

(a) Initial Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the precision tracking space system may be obligated or expended until the date on which--

(1) a federally funded research and development center begins the analysis under subsection (b)(1); and

(2) the terms of reference for the analysis are submitted to the congressional defense committees.

(b) Analysis of Alternatives.--

(1) FFRDC.--The Director of the Missile Defense Agency shall enter into an agreement with a federally funded research and development center that has not previously been involved with the precision tracking space system to conduct an analysis of alternatives of such program.

(2) Basis of analysis.--The analysis under paragraph (1) shall be based on a clear articulation by the Director of--

(A) the ground-based sensors that will be required to be maintained to aid the precision tracking space system constellation;

(B) the number of satellites to be procured for a first constellation, including the projected lifetime of such satellites in the first constellation, and the number projected to be procured for a first and, if applicable, second replenishment;

(C) the technological and acquisition risks of such system;

(D) an evaluation of the technological capability differences between the precision tracking space system sensor and the space tracking and surveillance system sensor; and

(E) the cost differences, as confirmed by the Director of Cost Assessment and Program Evaluation, between such systems, including costs relating to launch services.

(3) Analysis.--In conducting the analysis under paragraph (1), the federally funded research and development center shall--

(A) appoint a panel of independent study leaders for such analysis;

(B) evaluate whether the precision tracking space system, as planned by the Director in the budget submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2013, is the lowest cost sensor option with respect to land-, air-, or space-based sensors, or a combination thereof, to improve the homeland missile defense of the United States, including by adding discrimination capability to the ground-based midcourse defense system;

(C) examine the overhead persistent infrared data or other data that is available as of the date of the analysis that is not being used;

(D) determine how using the data described in subparagraph (C) could improve sensor coverage for the homeland missile defense of the United States and regional missile defense capabilities;

(E) study the plans of the Director to integrate the precision tracking space system concept into the ballistic missile defense system and evaluate the concept or operations of such use; and

(F) consider the agreement entered into under subsection (d)(1).

(4) Cost determination.--In determining costs under the analysis under paragraph (1), the federally funded research and development center shall take into account acquisition costs and operation and sustainment costs during the initial ten-year and twenty-year periods.

(c) Further Limitation.--

(1) Submittal and wait.--Except as provided by paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the precision tracking space system may obligated or expended until--

(A) the Director submits to the congressional defense committees the analysis under subsection (b)(1); and

(B) a period of 60 days has elapsed following the date of such submittal.

(2) Exception.--The limitation in paragraph (1) shall not apply to funds described in such paragraph that are obligated or expended for technology development activities.

(d) Memorandum of Agreement.--

(1) In general.--The Director shall enter into a memorandum of agreement with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost-sharing of the precision tracking space system.

(2) Submittal.--The Director shall submit to the congressional defense committees the agreement entered into under paragraph (1).

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

(a) Plan.--The Director of the Missile Defense Agency shall develop a plan to improve the discrimination and kill assessment capability of ballistic missile defense systems, particularly with respect to the ground-based midcourse defense system.

(b) Submission.--Not later than December 31, 2012, the Director shall--

(1) transmit to the Secretary of Defense the plan under subsection (a) to be used in the budget materials submitted to the President by the Secretary in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2014; and

(2) submit to the congressional defense committees such plan.

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

(a) Plan.--

(1) In general.--The Director of the Missile Defense Agency shall develop a plan to increase the rate of flight tests and ground tests of the ground-based midcourse defense system.

(2) Rate of planned flight tests.--The plan under paragraph (1) shall ensure that there are at least three flight tests conducted during every two-year period unless the Director submits to the congressional defense committees--

(A) written certification that such rate of tests is not feasible or cost-effective; and

(B) an analysis explaining the reasoning of such certification.

(b) Submission.--Not later than December 31, 2012, the Director shall--

(1) transmit to the Secretary of Defense the plan under subsection (a)(1) to be used in the budget materials submitted to the President by the Secretary in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2014; and

(2) submit to the congressional defense committees such plan.

SEC. 234. REPORT ON REGIONAL MISSILE DEFENSE ARCHITECTURES.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on--

(1) the regional missile defense architectures, including the force structure and inventory requirements derived from such architectures; and

(2) the comprehensive force management process to evaluate such requirements, including the capability, deployment, and resource outcomes that such process has determined.

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

The Secretary of Defense shall ensure that any funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for ground-testing activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures to involve industry as well as government partners.

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

(a) Transfer by Navy.--In accordance with section 230, the Secretary of the Navy may--

(1) transfer to the Director of the Missile Defense Agency Aegis weapon system equipment with ballistic missile defense capability for use by the Director in the Aegis ashore site in the country the Director has designated as "Host Nation 1";

(2) in ensuring the shipbuilding schedules of ships affected by this section--

(A) obligate or expend unobligated funds made available for fiscal year 2012 for shipbuilding and conversion, Navy, for the DDG-51 Destroyer to deliver complete, mission-ready Aegis weapon system equipment with ballistic missile defense capability to a DDG-51 Destroyer for which funds were made available for fiscal year 2012 under shipbuilding and conversion, Navy; or (B) use any Aegis weapon system equipment acquired using such funds to deliver complete, mission-ready Aegis weapon system equipment with ballistic missile defense capability to a DDG-51 Destroyer for which funds were made available for fiscal year 2012 under shipbuilding and conversion, Navy; and

(3) treat equipment transferred to the Secretary under subsection (b) as equipment acquired using funds made available under shipbuilding and conversion, Navy, for purposes of completing the construction and outfitting of such equipment.

(b) Transfer by MDA.--In accordance with section 230, upon the receipt of any equipment under subsection (a), the Director of the Missile Defense Agency shall transfer to the Secretary of the Navy Aegis weapon system equipment with ballistic missile defense capability procured by the Director for installation in a shore-based Aegis weapon system for use by the Secretary in the DDG-51 Destroyer program.

Subtitle D--Reports

SEC. 241. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE MARINE CORPS.

(a) Study.--The Commandant of the Marine Corps shall conduct a study on the future capabilities of the Marine Corps with respect to electronic warfare.

(b) Report.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Commandant shall submit to the congressional defense committees a report on the study conducted under subsection (a).

(2) Matters included.--The report under paragraph (1) shall include the following:

(A) A detailed plan for EA-6B Prowler aircraft squadrons.

(B) A solution for the replacement of such aircraft.

(C) Concepts of operation for future air-ground task force electronic warfare capabilities of the Marine Corps.

(D) Any other issues that the Commandant determines appropriate.

SEC. 242. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS.

(a) Review.--The Secretary of Defense shall enter into an agreement with the National Research Council to conduct a review of specialized degree-granting graduate programs of the Department of Defense in engineering, applied sciences, and management.

(b) Matters Included.--At a minimum, the review under subsection (a) shall address--

(1) the need by the Department of Defense and the military departments for military and civilian personnel with advanced degrees in engineering, applied sciences, and management, including a list of the numbers of such personnel needed by discipline;

(2) an analysis of the sources by which the Department of Defense and the military departments obtain military and civilian personnel with such advanced degrees;

(3) the need for educational institutions under the Department of Defense to meet the needs identified in paragraph (1);

(4) the costs and benefits of maintaining such educational institutions, including costs relating to directed research;

(5) the ability of private institutions or distance- learning programs to meet the needs identified in paragraph (1);

(6) existing organizational structures, including reporting chains, within the military departments to manage the graduate education needs of the Department of Defense and the military departments; and

(7) recommendations for improving the ability of the Department of Defense to identify, manage, and source the graduate education needs of the Department.

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

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

(a) Assessment.--The Secretary of Defense shall conduct a comprehensive assessment regarding the manufacturing capability of the United States to produce three-dimensional integrated circuits to serve the national defense interests of the United States.

(b) Elements.--The assessment under subsection (a) shall include--

(1) an assessment of the military requirements for using three-dimensional integrated circuits in future microelectronic systems;

(2) an assessment of the current domestic commercial capability to develop and manufacture three-dimensional integrated circuits for use in military systems, including a plan for alternative sources to supply such circuits in case of shortages in the domestic supply;

(3) an assessment of the feasibility, as well as planning and design requirements, for the development of a domestic manufacturing capability for three-dimensional integrated circuits; and

(4) an assessment of any challenges that may exist in the manufacturing capability of the United States to produce three- dimensional integrated circuits (including a review of the challenges that may exist in the manufacturing capability of the United States to produce small-lot quantities of advanced chips (200mm and 300mm)) and a general analysis on potential ways to overcome these challenges and encourage domestic commercial capability to develop and manufacture three- dimensional integrated circuits for use in military systems.

(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment under subsection (a).

(d) Form.--The report under subsection (c) shall be submitted in unclassified form, but may include a classified annex.

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

(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report summarizing efforts within the Department of Defense to transition mature and maturing directed energy technologies to new operational weapon systems during the five- to- ten-year period beginning on the date of the report.

(b) Matters Included.--The report under subsection (a) shall include the following:

(1) Thorough assessments of--

(A) the maturity of high-energy laser, high-power microwave, and millimeter wave non-lethal technologies, both domestically and foreign;

(B) missions for which directed energy weapons could be used to substantially enhance the current and planned military capabilities of the United States;

(C) the potential for new directed energy systems to reduce requirements for expendable air and missile defense weapons;

(D) the status of and prognosis for foreign directed energy programs;

(E) the potential vulnerabilities of military systems of the United States to foreign directed energy weapons and efforts by the Secretary to mitigate such vulnerabilities; and

(F) a summary of actions the Secretary is taking to ensure that the military will be the global leader in directed energy capabilities.

(2) In light of the suitability of surface ships to support a solid-state laser weapon based on mature and maturing technologies, whether--

(A) the Department of the Navy should be designated as lead service for fielding a 100 to 200 kilowatt- class laser to defend surface ships against unmanned aircraft, cruise missile, and fast attack craft threats; and

(B) the Secretary of the Navy should initiate a program of record to begin fielding a ship-based solid- state laser weapon system.

(3) In light of the potential effectiveness of high-power microwave weapons against sensors, battle management, and integrated air defense networks, whether--

(A) the Department of the Navy and the Department of the Air Force should be designated as lead services for integrating high-power microwave weapons on small air vehicles, including cruise missiles and unmanned aircraft; and

(B) the Secretary of the Air Force should initiate a program of record to field a cruise missile- or unmanned air vehicle-based high-power microwave weapon.

(4) In light of the potential of mature chemical laser technologies to counter air and ballistic missile threats from relocatable fixed sites, whether the Secretary of the Army should initiate a program of record to develop and field a multi-megawatt class chemical laser weapon system to defend forward airfields, ports, and other theater bases critical to future operations.

(5) Whether the investments by the Secretary of Defense in high-energy laser weapons research, development, test, and evaluation are appropriately prioritized across each military department and defense-wide accounts to support the weaponization of mature and maturing directed energy technologies during the five- to- ten-year period beginning on the date of the report, including whether sufficient funds are allocated within budget area 4 and higher accounts to prepare for near term weaponization opportunities.

(c) Form.--The report under subsection (a) shall be unclassified, but may include a classified annex.

SEC. 245. REPORT ON AIR FORCE CYBER OPERATIONS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study of Air Force cyber operations research, science, and technology. The report shall include following:

(1) The near-, mid- and far-term research and development priorities of the Secretary with respect to cyber operations, including the resources needed to execute such priorities.

(2) The percentage of research and development funding of the Air Force that is used to support cyber operations during each year covered by the future-years defense program submitted to Congress during 2012 under section 221 of title 10, United States Code.

(3) The anticipated role of each of the installations of the Air Force Research Laboratory with respect to cybersecurity research and development and operational support during each year covered by such future-years defense program.

(4) The resources, including both personnel and funding, that are projected to support the Air Force Research Laboratory in fulfilling such roles.

(5) Anticipated budget actions, if any, that the Secretary of Defense and the Secretary of the Air Force plan to take during fiscal year 2013 to ensure that the Department of Defense and the Air Force maintain the leadership role in cyber research.

(6) The plan of the Secretary of the Air Force to integrate cyber operations into military operations.

(7) The ways in which the Secretary is recruiting and retaining scientists and engineers at the Air Force Research Laboratory involved with cyber operations research, including the use of the authorities granted under the laboratory demonstration program established by Section 342 of the National Defense Authorization Act for Fiscal Year1995 and section 1114 of the National Defense Authorization Act for Fiscal Year 2001.

(8) Efforts to coordinate science and technology cyber activities of the Air Force Research Laboratory with other Air Force organizations, including the Air Force Institute of Technology and the Air Force Institute of Technology Center for Cyberspace Research.

(9) The potential benefit to the Air Force for collaboration with private industry and the development of cyber security technology clusters.

Subtitle E--Other Matters

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

(a) Eligibility of Institutions in Territories and Possessions.--

Section 2194(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(3) The term 'United States' includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.".

(b) Technical Amendment.--Paragraph (2) of such section is amended by inserting "(20 U.S.C. 7801)" before the period.

SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

(a) Development of Innovative Advanced Technologies.--The Secretary of Defense may use the research and engineering network of the Department of Defense, including the organic industrial base, to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies, including advanced robotics, advanced defense systems, power and energy innovations, systems to mitigate manmade and naturally occurring electromagnetic pulse or high-powered microwaves, cybersecurity and applied lightweight materials, to address national security and homeland defense challenges.

(b) Designation of Lead Office.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall--

(1) designate an office within the Department of Defense with the lead responsibility for enhancing the use of regional advanced technology clusters by the Department; and

(2) notify the appropriate congressional committees of such designation.

(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report describing--

(1) the participation of the Department of Defense in regional advanced technology clusters;

(2) implementation by the Department of processes and tools to facilitate collaboration with the clusters; and

(3) agreements established by the Department with the Department of Commerce to jointly support the continued growth of the clusters.

(d) Collaboration.--The Secretary of Defense may meet, collaborate, and share resources with other Federal agencies for purposes of assisting in the expansion of regional advanced technology clusters under this section.

(e) Definitions.--In this section:

(1) The term "appropriate congressional committees" means--

(A) the congressional defense committees;

(B) the Committee on Commerce, Science, and Transportation of the Senate; and

(C) the Committee on Energy and Commerce of the House of Representatives.

(2) The term "regional advanced technology clusters" means geographic centers focused on building science and technology-based innovation capacity in areas of local and regional strength to foster economic growth and improve quality of life.

SEC. 253. BRIEFING ON POWER AND ENERGY RESEARCH CONDUCTED AT UNIVERSITY AFFILIATED RESEARCH CENTER.

Not later than February 28, 2013, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on power and energy research conducted at the University Affiliated Research Centers. The briefing shall include--

(1) a description of research conducted with other university based energy centers; and

(2) a description of collaboration efforts with university- based research centers on energy research and development activities, particularly with centers that have an expertise in energy efficiency and renewable energy, including--

(A) lighting;

(B) heating;

(C) ventilation and air-conditioning systems; and

(D) renewable energy integration.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

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

(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Secretary of the Navy for fiscal year 2013 for inactivation execution of the U.S.S. Enterprise (CVN 65) as specified in the funding table in section 4301.

(b) Limitation.--The total amount obligated and expended by the Secretary of the Navy for the inactivation execution of the U.S.S. Enterprise may not exceed $708,000,000.

(c) Contract Authority.--

(1) In general.--Subject to the availability of funds under subsection (a) and the condition in paragraph (2), the Secretary of the Navy may enter into a contract during fiscal year 2013 for the inactivation execution of the U.S.S. Enterprise.

(2) Condition for out-year contract payments.--A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for that fiscal year.

Subtitle B--Energy and Environmental Provisions

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

Section 366 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2522; 10 U.S.C. 113 note), as most recently amended by section 348 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2159) is amended in subsections (a)(5) and (c)(2), by striking "fiscal years 2005 through 2013" and inserting "fiscal years 2005 through 2018".

SEC. 312. MODIFICATION OF DEFINITION OF CHEMICAL SUBSTANCE.

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

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

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

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

(a) Limitation.--Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available during fiscal year 2013 for the Department of Defense may be obligated or expended for the production or purchase of any alternative fuel if the cost of producing or purchasing the alternative fuel exceeds the cost of producing or purchasing a traditional fossil fuel that would be used for the same purpose as the alternative fuel.

(b) Exception.--Notwithstanding subsection (a), the Secretary of Defense may purchase such limited quantities of alternative fuels as are necessary to complete fleet certification for 50/50 blends. In such instances, the Secretary shall purchase such alternative fuel using competitive procedures and ensure the best purchase price for the fuel.

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

(a) Plan.--Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan on the time line of the Secretary to develop a material solution to measure environmental exposures to members of the Armed Forces in the continental United States and outside the continental United States.

(b) Matters Included.--The plan under subsection (a) shall include the following:

(1) A time line for identifying relevant materiel solutions that would facilitate the Secretary identifying members of the Armed Forces who have individual exposures to environmental hazards.

(2) A time line, and estimated cost, of developing and deploying the material solution described in paragraph (1).

(3) A system for collecting and maintaining exposure data and a description of the content required.

(4) An identification of the categories of environmental exposures that will be tracked, including burn pits, dust or sand, water contamination, hazardous materials, and waste.

(5) A summary of ongoing research into health consequences of military environmental exposures and areas where additional research is needed.

(6) A status report on the sharing of environmental exposure data with the Secretary of Veterans Affairs on an ongoing and regular basis for use in medical and treatment records of veterans, including using such data in determining the service-connectedness of health conditions and in identifying the possible origins and causes of disease.

(c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the plan developed under subsection (a).

SEC. 316. SOUTHERN SEA OTTER MILITARY READINESS AREAS.

(a) Establishment of the Southern Sea Otter Military Readiness Areas.--Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 2283. Establishment of the Southern Sea Otter Military Readiness Areas

"(a) Establishment.--The Secretary of Defense shall establish areas, to be known as 'Southern Sea Otter Military Readiness Areas', for national defense purposes. Such areas shall include each of the following:

"(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:

"N. Latitude/W. Longitude

"33deg. 27.8'/119deg. 34.3'

"33deg. 20.5'/119deg. 15.5'

"33deg. 13.5'/119deg. 11.8'

"33deg. 06.5'/119deg. 15.3'

"33deg. 02.8'/119deg. 26.8'

"33deg. 08.8'/119deg. 46.3'

"33deg. 17.2'/119deg. 56.9'

"33deg. 30.9'/119deg. 54.2'.

"(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line, as designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.

"(3) The area that includes Marine Corps Base Camp Pendleton and the adjacent waters within the following coordinates:

"Latitude/W. Longitude

"33deg. 26.6'/117deg. 38.9'

"33deg. 21.3'/117deg. 45.8'

"32deg. 56.2'/117deg. 39.7'

"33deg. 6.5'/117deg. 28.5'

"33deg. 10.2'/117deg. 23.7'

"33deg. 11.8'/117deg. 23.2'

"33deg. 26.6'/117deg. 38.9'.

"(b) Activities Within the Southern Sea Otter Military Readiness Areas.--

"(1) Incidental takings under endangered species act of 1973.--Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

"(2) Incidental takings under marine mammal protection act of 1972.--Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities.

"(3) Treatment as species proposed to be listed.--For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

"(c) Removal.--Nothing in this section or any other Federal law shall be construed to require the removal of any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the date of the enactment of this section or thereafter.

"(d) Revision or Termination of Exceptions.--The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with, and with the concurrence of, the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are substantially impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.

"(e) Monitoring.--

"(1) In general.--The Secretary of the Navy, in consultation and in cooperation with the Secretary of the Interior, shall monitor the Southern Sea Otter Military Readiness Areas not less often than every year to evaluate the status of the southern sea otter population.

"(2) Reports.--Within 18 months after the effective date of this section and every three years thereafter, the Secretaries of the Navy and the Interior shall jointly report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

"(f) Definitions.--In this section:

"(1) The term 'incidental taking' means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

"(2) The term 'optimum sustainable population' means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.

"(3) The term 'southern sea otter' means any member of the subspecies Enhydra lutris nereis.

"(4) The term 'take'--

"(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) shall have the meaning given such term in that Act; and

"(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1423h), shall have the meaning given such term in that Act.

"(5) The term 'military readiness activity' has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following:

"2283. Establishment of the Southern Sea Otter Military Readiness Areas.".

(c) Conservation and Management Actions.--Section 1 of Public Law 99-625 (16 U.S.C. 1536 note) is amended by adding at the end the following:

"(g) Conservation and Management Actions.--If the Secretary issues a final rule ending the management plan authorized under subsection (b) through the termination of the regulations implementing such plan--

"(1) the Secretary, in planning and implementing recovery and conservation measures under the Act to allow for the expansion of the range of the population of the sea otter, shall coordinate and cooperate with--

"(A) the Secretary of the Navy;

"(B) the Secretary of Commerce regarding recovery efforts for species listed under the Act; and

"(C) the State of California to assist the State in continuing viable commercial harvest of State fisheries; and

"(2) interaction with sea otters in the course of engaging in fishing in any State fishery south of Point Conception, California, under an authorization issued by the State of California shall not be treated as a violation of section 9 of the Act for incidental take or of the Marine Mammal Protection Act of 1972.".

SEC. 317. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER INTO COOPERATIVE AGREEMENTS WITH INDIAN TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH MILITARY INSTALLATIONS AND STATE-OWNED NATIONAL GUARD INSTALLATIONS.

(a) Inclusion of Indian Tribes.--Section 103A(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended in the matter preceding paragraph (1) by inserting "Indian tribes," after "local governments,".

(b) Indian Tribe Defined.--Section 100 of such Act (16 U.S.C. 670) is amended by adding at the end the following new paragraph:

"(6) Indian tribe.--The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.".

SEC. 318. SENSE OF CONGRESS REGARDING DECONTAMINATION OF FORMER BOMBARDMENT AREA ON ISLAND OF CULEBRA, PUERTO RICO.

(a) Findings.--The Congress finds the following--

(1) Section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4464) requires the Secretary of Defense within 270 days of receiving a request from the government of Puerto Rico, to conduct a study assessing the presence of unexploded ordnance, and any threat to public health, public safety and the environment posed by such unexploded ordnance, in the portion of the former bombardment area on the island of Culebra, Puerto Rico, that was transferred to the government of Puerto Rico by quitclaim deed on August 11, 1982.

(2) On April 25, 2011, the Governor of Puerto Rico formally requested by letter that the Secretary of Defense commence this study.

(3) On May 25, 2011, the Deputy Under Secretary of Defense for Installations and Environment acknowledged receipt of the Governor's letter on behalf of the Secretary of Defense, and affirmed that the Department of Defense would conduct the study in accordance with such section 2815 and provide the final report to Congress no later than 270 days from the date of the Governor's letter.

(4) January 20, 2012, marked the date 270 days after the Governor's letter of April 25, 2011.

(5) Section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668) stated that "the present bombardment area on the island of Culebra shall not be utilized for any purpose that would require decontamination at the expense of the United States." The Department of Defense has interpreted this provision to constitute a permanent prohibition on the use of Federal funds in the area of Culebra referenced in such section to pay for decontamination and removal of unexploded ordnance, although it may be warranted to protect public health, public safety, and the environment.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the Secretary of Defense should expeditiously submit to the Committees on Armed Services of the Senate and House of Representatives the final report prepared in accordance with section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4464);

(2) if that report indicates that decontamination and removal of unexploded ordnance in the portion of the former bombardment area on Culebra that was transferred to the government of Puerto Rico by quitclaim deed on August 11, 1982, could be conducted at reasonable cost to the Federal Government, it is appropriate for Congress to amend section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668) to authorize such decontamination and removal of unexploded ordnance; and

(3) any removal of unexploded ordnance should be accomplished pursuant to the normal prioritization process established by the Department of Defense under the Military Munitions Response Program within the Defense Environmental Restoration Program.

Subtitle C--Logistics and Sustainment

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

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

(1) by striking subsection (a) and inserting the following new subsection:

"(a) Demonstration Project Authorized.--In accordance with subsection 4703 of title 5, United States Code, the Secretary of a military department may carry out a demonstration project at facilities described in subsection (b) under which workers who are certified at the journey level as able to perform multiple trades shall be promoted by one grade level."; and

(2) in subsection (b), by striking "Logistics Center, Navy Fleet Readiness Center," and inserting "Logistics Complex, Navy Fleet Readiness Center, Navy shipyard, Marine Corps Logistics Base,".

(b) Reauthorization.--Such section is further amended--

(1) in subsection (d), by striking "2013" and inserting "2018"; and

(2) in subsection (e), by striking "2014" and inserting "2019".

SEC. 322. DEPOT-LEVEL MAINTENANCE AND REPAIR.

(a) Amendments to Definition of Depot-level Maintenance and Repair.--Section 2460 of title 10, United States Code, is amended--

(1) in paragraph (1)--

(A) by inserting after "software" the following:

"during the course of a customary depot-level maintenance action"; and

(B) by striking "or the modification or rebuild of end-items," and inserting "retrofit, modification, upgrade, or rebuild of end items, components,";

(2) in paragraph (1)(B), by striking "and" at the end;

(3) in paragraph (2)(B), by striking "change events made to operational software, integration and testing" and inserting "and change events (including integration and testing) made to operational software";

(4) in paragraph (2)(C), by striking the period and inserting "; and"; and

(5) by adding at the end the following new paragraph:

"(3) excludes--

"(A) the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul; and

"(B) the procurement of major modifications or upgrades designed to significantly improve the performance or safety of a weapon system or major end item.".

(b) Amendments Relating to Core Depot-level Maintenance and Repair Capabilities.--

(1) Associated capacity.--Section 2464(a)(3)(A) of title 10, United States Code, is amended by striking "and capacity required in paragraph (1)" and inserting "required in paragraph (1) and the associated capacity to maintain those capabilities in accordance with paragraph (2)".

(2) Direct support of associated logistics capabilities.--

Section 2464(a)(3)(B) of such title is amended by inserting "in direct support of depot-level maintenance and repair" after "associated logistics capabilities".

(3) Time of fielding.--Section 2464(a)(3) of such title is further amended by adding at the end the following new sentence: "If a weapon system or item of military equipment does not have an officially scheduled initial operational capability, the weapon system or item is considered fielded at the time when, as part of combined or individual operation, it provides a warfighting capability, unless the Secretary waives this paragraph under subsection (b)(1)(A) based on a determination that the system or item is not an enduring element of the national defense strategy.".

(3) Requirement to notify congress before issuance of waiver.--Section 2464(b)(3) of such title is amended by striking "within 30 days of issuance" and inserting "at least 30 days before issuance of the waiver".

(4) Prohibition on delegation of certain waiver authority.--Section 2464(b) of such title is amended by adding at the end the following new paragraph:

"(4) The authority of the Secretary of Defense to waive the requirement in subsection (a)(3) on the basis of a determination under paragraph (1)(A) or (1)(B) may not be delegated.".

(5) Exclusion of nuclear aircraft carriers and special access programs.--Section 2464 of such title is further amended--

(A) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and

(B) by inserting after subsection (c) the following new subsection (d):

"(d) Exclusion of Nuclear Aircraft Carriers and Special Access Programs.--

(1) The requirement in subsection (a)(3) shall not apply to nuclear aircraft carriers.

"(2) The requirement in subsection (a)(3) shall not apply to special access programs.".

(6) Annual special access program core capability review.--

Section 2464 of such title is further amended by adding at the end the following new subsection:

"(i) Biennial Special Access Program Core Capability Review.-- Notwithstanding the inapplicability of subsection (a)(3) to special access programs (as provided in subsection (d)), the Secretary of Defense shall, not later than April 1 on each even-numbered year, conduct a review of each special access program in existence during the two fiscal years preceding the fiscal year during which the review is conducted to determine the core depot maintenance and repair capabilities required to provide a ready and controlled source of technical competence, and the resources that would be required to establish a core capability if it becomes necessary. The Secretary of Defense shall include the results of such review in the form of a classified annex to the biennial core report required under subsection (f).".

(7) Amendments for consistency in use of terms.--Section 2464 of such title is further amended--

(A) in subsection (a)(1), by striking "a core depot-level maintenance and repair capability" and inserting "core depot-level maintenance and repair capabilities";

(B) in subsection (a)(2), by striking "This core depot-level maintenance and repair capability" and inserting "The core depot-level maintenance and repair capabilities required in paragraph (1)"; and

(C) in subsection (e)(1), as redesignated by paragraph (5), by striking "a core depot-level maintenance and repair capability" and inserting "core depot-level maintenance and repair capabilities".

(8) Conforming amendments.--Section 2464(b) of such title is further amended--

(A) in paragraph (1)--

(i) by striking subparagraph (B);

(ii) by inserting "or" at the end of subparagraph (A); and

(iii) by redesignating subparagraph (C) as subparagraph (B);

(B) by striking paragraph (2); and

(C) by redesignating paragraph (3) as paragraph (2) and in that paragraph by striking "or (2)".

SEC. 323. SENSE OF CONGRESS REGARDING THE PERFORMANCE OF COMMERCIALLY- AVAILABLE ACTIVITIES BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Sense of Congress.--It is the sense of Congress that--

(1) our Nation's economic strength is characterized by individual freedom and the competitive enterprise system, and as such, the Federal Government should not compete with its citizens and private enterprise;

(2) in recognition of this policy, the Government should rely on commercially available sources to provide commercial products and services and should not start or carry on any activity to provide a commercial product or service if the product or service can be procured more economically from a commercial source;

(3) this policy conforms with Department of Defense Total Force Management procedures aimed at improving total manpower requirements, determinations, and planning to facilitate decisions regarding which sector (military, civilian, or contractor personnel) should perform each requirement; and

(4) the Department of Defense should not convert the performance of any function from performance by a contractor to performance by Department of Defense civilian employees unless the function is inherently governmental in nature or the conversion is necessary to comply with section 129a of title 10, United States Code, as amended by this Act.

(b) Definition of Inherently Governmental.--In this section, the term "inherently governmental" has the meaning given that term in section 5(2) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 2384; 31 U.S.C. 501 note).

Subtitle D--Readiness

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

(a) Agreements Authorized.--Section 2391 of title 10, United States Code, is amended--

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2) by inserting after subsection (c) the following new subsection:

"(c) Intergovernmental Support Agreements With State and Local Governments.--

(1) The Secretary of the military department concerned may enter into an intergovernmental support agreement with a State or local government to provide, receive, or share installation-support services when such an agreement--

"(A) serves the best interests of the military department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs;

"(B) serves the best interest of State or local government party to the agreement, as determined by the community's particular circumstances; and

"(C) otherwise provides a mutual benefit to the military department and the State or local government.

"(2) The authority provided by this subsection and limitations on its use are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.

"(3) Funds available to the Secretary of the military department concerned for installation support may be used to reimburse a State or local government for providing installation-support services pursuant to an agreement under this subsection. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to the agreement shall be credited to the appropriation or account charged with providing installation support.".

(b) Installation-support Services Defined.--Subsection (e) of section 2391 of title 10, United States Code, as redesignated by subsection (a)(1) of this section, is amended by adding at the end the following new paragraph:

"(4) The term 'installation-support services' means those services, supplies, resources, and support provided typically by a local government, except that the term does not include or authorize police or fire protection services.".

SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS GUARANTEES TO CARRIERS PARTICIPATING IN CIVIL RESERVE AIR FLEET.

(a) Extension.--Subsection (k) of section 9515 of title 10, United States Code, is amended by striking "December 31, 2015" and inserting "December 31, 2020".

(b) Application to All Segments of CRAF.--Such section is further amended--

(1) in subsection (a)(3), by striking "passenger"; and

(2) in subsection (j), by striking ", except that it only means such transportation for which the Secretary of Defense has entered into a contract for the purpose of passenger travel".

SEC. 333. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS FOR PRODUCT IMPROVEMENTS.

(a) Expansion.--Section 330 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 68) is amended--

(1) in subsection (a), by inserting ", the Secretary of the Navy, and the Secretary of the Air Force (in this section referred to as the 'Secretary concerned')" after "the Secretary of the Army";

(2) in subsection (d)--

(A) by inserting "by the Secretary concerned" after "submitted"; and

(B) by inserting "by the Secretary concerned" after "used"; and

(3) in subsection (e)--

(A) in paragraph (1), by striking "the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Assistant Secretary of the Army for Financial Management and Comptroller," and inserting "the Secretary concerned"; and

(B) in paragraph (2), by striking "the Assistant Secretary of the Army for Acquisition, Logistics, and Technology" and inserting "the Secretary concerned".

(b) Covered Product Improvements.--Subsection (b) of such section is amended--

(1) by inserting "retrofit, modernization, upgrade, or rebuild of a" before "component"; and

(2) by striking "reliability and maintainability" and inserting "reliability, availability, and maintainability".

(c) Limitation on Certain Projects.--Subsection (c)(1) of such section is amended by striking "performance envelope" and inserting "capability".

(d) Reporting Requirement.--Subsection (e) of such section is amended--

(1) in paragraph (2), by striking "2012" and inserting "2017"; and

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

(e) Extension.--Subsection (f) of such section, as amended by section 354 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1377), is further amended by striking "2014" and inserting "2018".

(f) Clerical Amendment.--The heading of such section is amended by striking "to army".

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

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

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

"(a) Center Authorized.--The National Guard Bureau may maintain a Center of Excellence for the National Guard State Partnership Program (in this section referred to as the 'Center').

"(b) Center Authority and Purpose.--If the Center is established, the Chief of the National Guard Bureau shall administer the Center to provide training opportunities for units and members of the regular and reserve components for the purpose of improving the skills for such units and members when deployed to complete the mission of the State Partnership Program. The Center will provide accredited instruction in partnership with a university program and other internationally recognized institutions.

"(c) Conduct of Center.--The Chief of the National Guard Bureau may provide for the conduct of the Center in such State as the Chief considers appropriate.

"(d) Persons Eligible to Participate in Center Training.--

(1) The Chief of the National Guard Bureau may recommend units and members of the National Guard to attend training at the Center under section 502(f) of this title for not longer than the duration of the training.

"(2) The Secretaries of the Army, Navy, Air Force, and Marine Corps may detail units or members of their respective regular or reserve components to attend training at the Center. The Secretary of Homeland Security may detail members of the Coast Guard to attend training and provide subject matter expertise as requested.

"(e) Authorized Training.--The training authorized to be provided by the Center involves such matters within the core competencies of the National Guard and suitable for contacts under the State Partnership Program as the Chief of the National Guard Bureau specifies consistent with regulations issued by the Secretary of Defense.

"(f) Center Personnel.--

(1) The Chief of the National Guard Bureau shall appoint an active member of the National Guard to be the Commandant of the Center to administer and lead the center.

"(2) The Center shall contain personnel authorizations under a table of distribution and allowance that ensures sufficient cadre and support to the Center and will be assigned to the host State.

"(3) Personnel of the National Guard of any State may serve on full-time National Guard duty for the purpose of providing command, administrative, training, or supporting services for the Center. For the performance of those services, any personnel may be ordered to duty under section 502(f) of this title.

"(4) Employees of the Departments of Defense may be detailed to the Center for the purpose of providing additional training.

"(5) The National Guard Bureau may procure, by contract, the temporary full time services of such civilian personnel as may be necessary in carrying out the training provided by the Center.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"510. Center for Excellence for the National Guard State Partnership Program.".

SEC. 335. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

(a) State Partnership Program.--

(1) In general.--Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:

"Sec. 116. State Partnership Program

"(a) Availability of Appropriated Funds.--

(1) Funds appropriated to the Department of Defense, including for the Air and Army National Guard, shall be available for the payment of costs to conduct activities under the State Partnership Program, whether inside the United States or outside the United States, for purposes as follows:

"(A) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted.

"(B) To support the objectives of the United States chief of mission of the partner nation with which contacts and activities are conducted.

"(C) To build international partnerships and defense and security capacity.

"(D) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments to support building of defense and security capacity.

"(E) To facilitate intergovernmental collaboration between the United States Government and foreign governments in the areas of defense and security.

"(F) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security.

"(2) Costs under paragraph (1) may include costs as follows:

"(A) Costs of pay and allowances of members of the National Guard.

"(B) Travel and necessary expenses of United States personnel outside of the Department of Defense in the State Partnership Program.

"(C) Travel and necessary expenses of foreign participants directly supporting activities under the State Partnership Program.

"(b) Limitations.--

(1) Funds shall not be available under subsection (a) for activities described in that subsection that are conducted in a foreign country unless jointly approved by the commander of the combatant command concerned and the chief of mission concerned.

"(2) Funds shall not be available under subsection (a) for the participation of a member of the National Guard in activities described in that subsection in a foreign country unless the member is on active duty in the armed forces at the time of such participation.

"(3) Funds shall not be available under subsection (a) for interagency activities involving United States civilian personnel or foreign civilian personnel unless the participation of such personnel in such activities--

"(A) contributes to responsible management of defense resources;

"(B) fosters greater respect for and understanding of the principle of civilian control of the military;

"(C) contributes to cooperation between United States military and civilian governmental agencies and foreign military and civilian government agencies; or

"(D) improves international partnerships and capacity on matters relating to defense and security.

"(c) Reimbursement.--In the event of the participation of United States Government participants (other than personnel of the Department of Defense) in activities for which payment is made under subsection (a), the head of the department or agency concerned shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities. Amounts reimbursed the Department of Defense under this subsection shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.

"(d) Definitions.--In this section:

"(1) The term 'State Partnership Program' means a program that establishes a defense and security relationship between the National Guard of a State or territory and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country.

"(2) The term 'activities', for purposes of the State Partnership Program, means any military-to-military activities or interagency activities for a purpose set forth in subsection (a)(1).

"(3) The term 'interagency activities' means the following:

"(A) Contacts between members of the National Guard and foreign civilian personnel outside the ministry of defense of the foreign country concerned on matters within the core competencies of the National Guard.

"(B) Contacts between United States civilian personnel and members of the Armed Forces of a foreign country on matters within such core competencies.

"(4) The term 'matter within the core competencies of the National Guard' means matters with respect to the following:

"(A) Disaster response and mitigation.

"(B) Defense support to civil authorities.

"(C) Consequence management and installation protection.

"(D) Response to a chemical, biological, radiological, nuclear, or explosives (CBRNE) event.

"(E) Border and port security and cooperation with civilian law enforcement.

"(F) Search and rescue.

"(G) Medicine.

"(H) Counterdrug and counternarcotics activities.

"(I) Public affairs.

"(J) Employer support and family support for reserve forces.

"(5) The term 'United States civilian personnel' means the following:

"(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States.

"(B) Members and employees of the legislative branch of the United States Government.

"(C) Non-governmental individuals.

"(6) The term 'foreign civilian personnel' means the following:

"(A) Civilian personnel of a foreign government at any level (including personnel of ministries other than ministries of defense).

"(B) Non-governmental individuals of a foreign country.".

(2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item:

"116. State Partnership Program.".

(b) Repeal of Superseded Authority.--Section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is repealed.

Subtitle E--Reports

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

(a) Report Required.--The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to Congress a report on the readiness of the joint force to conduct operations in environments where there is no access to Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (in this section referred to as "C4ISR") systems, including satellite communications, classified Internet protocol-based networks, and the Global Positioning System (in this section referred to as "GPS").

(b) Contents of Report.--The report required by subsection (a) shall include a description of the steps taken and planned to be taken--

(1) to identify likely threats to the C4ISR systems of the United States, including both weapons and those states with such capabilities; as well as the most likely areas in which C4ISR systems could be at risk;

(2) to identify vulnerabilities to the C4ISR systems of the United States that could result in a C4ISR-denied environment;

(3) to determine how the Armed Forces should respond in order to reconstitute C4ISR systems, prevent further denial of C4ISR systems; and develop counter-attack capabilities;

(4) to determine which types of joint operations could be feasible in an environment in which access to C4ISR systems is restricted or denied;

(5) to conduct training and exercises for sustaining combat and logistics operations in C4ISR-denied environments; and

(6) to propose changes to current tactics, techniques, and procedures to prepare to operate in an environment in which C4ISR systems are degraded or denied for 48-hour, 7 day, 30- day, or 60-day periods.

(c) Joint Exercise Plan Required.--Based on the findings of the report required by subsection (a), the Chairman of the Joint Chiefs of Staff shall develop a roadmap and joint exercise plan for the joint force to operate in an environment where access to C4ISR systems, including satellite communications, classified Internet protocol-based networks, and the GPS network, is denied. The plan and joint exercise program shall include--

(1) the development of alternatives to satellite communications, classified Internet protocol-based networks, and GPS for logistics, intelligence, surveillance, and reconnaissance, and combat operations; and

(2) methods to mitigate dependency on satellite communications, classified Internet protocol-based networks, and GPS;

(3) methods to protect vulnerable satellite communications, classified Internet protocol-based networks, and GPS; and

(4) a joint exercise and training plan to include fleet battle experiments, to enable the force to operate in a satellite communications, Internet protocol-based network, and GPS-denied environment.

(d) Form of Report.--The report required to be submitted by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

SEC. 342. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT OF DEFENSE REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.

Section 2229a(b)(1) of title 10, United States Code, is amended--

(1) by striking "By not later than 120 days after the date on which a report is submitted under subsection (a), the" and inserting "The"; and

(2) by striking "the report"and inserting "each report submitted under subsection (a)".

SEC. 343. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF VESSELS IN FOREIGN SHIPYARDS.

Section 7310(c) of title 10, United States Code, is amended--

(1) in paragraph (3)(A), by inserting after "justification under law" the following: "and operational justification"; and (2) in paragraph (4), by adding at the end the following new subparagraph:

"(C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, or the United States Transportation Command.".

SEC. 344. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE SERVICE CONTRACT INVENTORY.

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

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

(a) Review Requirement.--The Comptroller General of the United States shall conduct a review of Department of Defense Directive-Type Memorandum 09-007 entitled "Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support" to determine whether the methodology used in the memorandum reflects the actual, relevant, and quantifiable costs to taxpayers of performance by Federal civilian employees, military personnel, and contractors.

(b) Consultation.--In conducting the review required by subsection (a), the Comptroller General shall consult with the Under Secretary of Defense for Personnel and Readiness, the Director of Cost Assessment and Program Evaluation, the Director of the Office of Management and Budget, and private sector stakeholders.

(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit a report on the review required by subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives. The report shall contain the results of the review and make recommendations for any statutory changes that the Comptroller General determines are necessary to ensure that the memorandum reviewed includes the actual, relevant, and quantifiable costs to taxpayers for Federal civilian employees, military personnel, and contractors.

SEC. 346. REPORT ON MEDICAL EVACUATION POLICIES.

(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report on the policies, procedures, and guidelines of the Department of Defense for helicopter evacuation of injured members of the Armed Forces performed by--

(1) unarmed Army helicopters (in this section referred to as "MEDEVAC"); and

(2) armed Air Force helicopters (in this section referred to as "CASEVAC").

(b) Contents.--The report submitted under subsection (a) shall contain the following:

(1) The differences between armed escort helicopters that accompany MEDEVAC helicopters and CASEVAC helicopters.

(2) The differences between Army and Air Force training of MEDEVAC and CASEVAC air crews.

(3) The differences between the capacity of the Army and the Air Force to care for wounded members of the Armed Forces.

(4) The potential costs associated with--

(A) arming MEDEVAC helicopters;

(B) increasing the training of MEDEVAC air crews to be comparable to the training of CASEVAC air crews; and

(C) increasing the quality of the avionics used in MEDEVAC helicopters to be comparable to the quality of the avionics used in CASEVAC helicopters.

(5) An analysis of the Army rescue goal, commonly known as the "golden hour", which specifies a goal of transporting an injured member of the Armed Forces to a military medical treatment facility not later than 60 minutes after the MEDEVAC unit receives notification of the injury, including an analysis on--

(A) whether the 60-minute time period should begin at the time of injury instead of at the time of notification;

(B) the usefulness of gathering information about survival rates using additional different time periods; and (C) the validity of the survival rate associated with the "golden hour".

(6) A comparison of the helicopter evacuation capabilities in combat zones of--

(A) the Army;

(B) the Air Force;

(C) Special Operations Command; and

(D) armed forces of other countries that perform helicopter evacuations in combat zones.

(7) An analysis of--

(A) the requirements under the Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field, done at Geneva, August 12, 1949 (6 UST 3114) and the related protocols with regard to the weapons an aircraft may carry and still be considered a medical aircraft (which, for purposes of such Convention and protocols, means an aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment) protected under such Convention, and of the interpretations of and policies under such requirements by the Department of Defense;

(B) the threats to MEDEVAC and CASEVAC air crews and assets posed by unconventional forces that do not abide by international law, military tradition, or custom, such as insurgent or criminal organizations; and (C) any strategies to respond to the threats identified in subparagraph (B), as well as any legal or policy restrictions to such responses based on the requirements, policies, and interpretations identified in subparagraph (A).

(8) An explanation of how the survival rate of injured members of the Armed Forces rescued by helicopter evacuation is calculated.

(9) Information on the average number of injured members of the Armed Forces that are evacuated during each MEDEVAC and CASEVAC mission.

(c) Review by Comptroller General.--Not later than 120 days after the date on which the Comptroller General receives the report submitted by the Secretary of Defense under subsection (a), the Comptroller General shall submit to the congressional defense committees an analysis of such report.

SEC. 347. REPORT ON PROVIDING TELECOMMUNICATIONS SERVICES TO UNIFORMED PERSONNEL TRANSITING THROUGH FOREIGN AIRPORTS.

(a) Report Requirement.--The Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing market-rate or below-market rate (or both) telecommunications service (either phone, VoIP, video chat, or a combination thereof), either directly or through a contract, to uniformed military personnel transiting through a foreign airport while in transit to or returning from deployment overseas. The Secretary also shall investigate allegations of certain telecom companies specifically targeting uniformed military personnel in transit overseas (who have no other option to contact their families) with above-market-rate fees, and shall include the results of that investigation in the report.

(b) Submission.--The report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act.

SEC. 348. SURVEY AND REPORT ON PERSONAL PROTECTION EQUIPMENT NEEDED BY MEMBERS OF THE ARMED FORCES DEPLOYED ON THE GROUND IN COMBAT ZONES.

(a) Sense of Congress.--It is the sense of Congress that, when sending members of the United States Armed Forces into combat, the United States has an obligation to ensure that--

(1) the members are properly equipped with the best available protective equipment and supplies; and

(2) the members, or their family and friends, never feel compelled to purchase additional equipment and supplies to be safer in combat.

(b) Survey Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an anonymous survey among members and former members of the Armed Forces who were deployed on the ground in a combat zone since September 11, 2001, requesting information on what kinds of personal protection equipment (such as body armor and ballistic eyewear) the member believes should have been provided to members during deployment but were not provided. The Secretary shall include in the survey questions about whether members, their families, or other persons purchased any personal protection equipment because the Armed Forces did not provide the equipment and the types and quantity of equipment purchased.

(c) Report on Results of Survey.--Not later than 180 days after the completion of the survey required by subsection (b), the Secretary of Defense shall submit to Congress a report--

(1) describing the results of the survey;

(2) describing the types and quantity of personal protection equipment not provided by the Armed Forces and purchased instead by or on behalf of members of the Armed Forces to protect themselves;

(3) explaining why such personal protection equipment was not provided; and

(4) recommending future funding solutions to prevent the omission in the future.

SEC. 349. REPORT ON STATUS OF TARGETS IN OPERATIONAL ENERGY STRATEGY IMPLEMENTATION PLAN.

(a) In General.--The Secretary of Defense shall submit annually to the relevant congressional committees a report on the status of the targets listed in the document entitled "Operational Energy Strategy: Implementation Plan, Department of Defense, March 2012", including--

(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 such date is different from the date indicated in the report; and

(4) the reason for any delays in meeting the targets.

(b) Relevant Congressional Committees Defined.--In this section, the term "relevant congressional committees" means--

(1) the Committee on Armed Services of the Senate and the House of Representatives;

(2) the Committee on Oversight and Government Reform of the House of Representatives;

(3) the Committee on Homeland Security and Governmental Affairs of the Senate;

(4) the Committee on Foreign Affairs of the House of Representatives; and

(5) the Committee on Foreign Relations of the Senate.

Subtitle F--Limitations and Extensions of Authority

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

Section 372 of title 10, United States Code, is amended--

(1) in subsection (a), by striking "(a) In General.--The Secretary" and inserting "The Secretary"; and

(2) by striking subsection (b).

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

(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense may be obligated or expended to disestablish or downgrade any of the 18 level 5 aerospace control alert defense locations in existence as of the date of the enactment of this Act.

(b) Maintained Levels.--The Secretary of the Air Force shall maintain the operational capabilities provided by the 18 level 5 aerospace control alert defense capabilities until the later of the following dates:

(1) The date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.

(2) September 30, 2013.

(c) Consolidated Budget Exhibit.--The Secretary of Defense shall establish a consolidated budget justification display that fully identifies the baseline aerospace control alert budget for each of the military services and encompasses all programs and activities of the aerospace control alert mission for each of the following functions:

(1) Procurement.

(2) Operation and maintenance.

(3) Research, development, testing, and evaluation.

(4) Military construction.

(d) Report.--

(1) Report to congress.--Not later than March 1, 2013, the Secretary of Defense shall submit to the congressional defense committees a report that provides a cost-benefit analysis and risk-based assessment of the aerospace control alert mission as it relates to expected future changes to the budget and force structure of such mission.

(2) Comptroller general review.--Not later than 120 days after the date on which the Secretary submits the report required by paragraph (1), the Comptroller General of the United States shall--

(A) conduct a review of the force structure plan of the Department of Defense and the cost-benefit analysis and risk-based assessment contained in the report; and

(B) submit to the congressional defense committees a report on the findings of such review.

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

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

Of the amounts authorized to be appropriated for Operation and Maintenance for fiscal year 2013, not more than $5,000,000 shall be made available for the National Museum of the United States Army until the Secretary of the Army submits to the congressional defense committees certification in writing that sufficient private funding has been raised to fund the construction of the portion of the museum known as the "Baseline Museum" and that at least 50 percent of the Baseline Museum has been completed.

SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF TICONDEROGA CLASS CRUISERS OR DOCK LANDING SHIPS.

(a) Limitation.--Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser or dock landing ship.

(b) Exception.--Notwithstanding subsection (a), the U.S.S. Port Royal, CG 73, is authorized for retirement.

(c) Maintained Levels.--The Secretary of the Navy, in supporting the operational requirements of the combatant commands, shall maintain the operational capability and perform the necessary maintenance of each cruiser and dock landing ship belonging to the Navy until the later of the following dates:

(1) The date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.

(2) September 30, 2013.

SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS MEMORIAL OBJECTS WITHOUT SPECIFIC AUTHORIZATION IN LAW.

(a) Codification of Prohibition.--Section 2572 of title 10, United States Code, is amended by adding at the end the following new subsection:

"(e)(1) Except as provided in paragraph (3), and notwithstanding this section or any other provision of law, the President may not transfer a veterans memorial object to a foreign country or an entity controlled by a foreign government, or otherwise transfer or convey such an object to any person or entity for purposes of the ultimate transfer or conveyance of the object to a foreign country or entity controlled by a foreign government.

"(2) In this subsection:

"(A) The term 'entity controlled by a foreign government' has the meaning given that term in section 2536(c)(1) of this title.

"(B) The term 'veterans memorial object' means any object, including a physical structure or portion thereof, that--

"(i) is located at a cemetery of the National Cemetery System, war memorial, or military installation in the United States;

"(ii) is dedicated to, or otherwise memorializes, the death in combat or combat-related duties of members of the armed forces; and

"(iii) was brought to the United States from abroad as a memorial of combat abroad.

"(3) The prohibition imposed by paragraph (1) does not apply to a transfer of a veterans memorial object if--

"(A) the transfer of that veterans memorial object is specifically authorized by law; or

"(B) the transfer is made after September 30, 2017.".

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

Subtitle G--Other Matters

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

(a) Retirement and Adoption of Military Working Dogs.--

(1) Retirement and reclassification of military working dogs.--Section 2583 of title 10, United States Code, is amended--

(A) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and

(B) by inserting after subsection (e) the following new subsections:

"(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the armed forces. Such dogs shall not be classified as equipment.

"(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog--

"(1) to the 341st Training Squadron; or

"(2) to another location for adoption under this section.".

(2) Acceptance of frequent traveler miles to facilitate adoption.--Section 2613(d) of such title is amended--

(A) in paragraph (1)(B), by striking "; or" and inserting a semicolon;

(B) in paragraph (2), by striking the period at the end and inserting "; or"; and

(C) by adding at the end the following new paragraph:

"(3) facilitating the adoption of a military working dog under section 2583 of this title.".

(b) Veterinary Care for Retired Military Working Dogs.--

(1) Veterinary care.--

(A) In general.--Chapter 50 of such title is amended by adding at the end the following new section:

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

"(a) In General.--The Secretary of Defense shall establish and maintain a system to provide for the veterinary care of retired military working dogs.

"(b) Eligible Dogs.--

(1) A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title.

"(2) The veterinary care provided a military working dog under this section shall be provided during the life of the dog beginning on the date on which the dog is adopted under such section 2583.

"(c) Administration.--

(1) The Secretary shall administer the system required by this section under a contract awarded by the Secretary for that purpose.

"(2)(A) The contract under this subsection shall be awarded to a private non-profit entity selected by the Secretary from among such entities submitting an application therefor that have such experience and expertise as the Secretary considers appropriate for purposes of this subsection.

"(B) An entity seeking the award of a contract under this subsection shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary shall require.

"(3) The term of any contract under this subsection shall be such duration as the Secretary shall specify.

"(d) Standards of Care.--

(1) The veterinary care provided under the system required by this section shall meet such standards as the Secretary shall establish and from time to time update.

"(2) The standards required by this subsection shall include the following:

"(A) Provisions regarding the types of care to be provided to retired military working dogs.

"(B) Provisions regarding the entities (including private veterinarians and entities) qualified to provide the care.

"(C) Provisions regarding the facilities, including military installations, government facilities, and private facilities, in which the care may be provided.

"(D) A requirement that complete histories be maintained on the health and use in research of retired military working dogs.

"(E) Such other matters as the Secretary considers appropriate.

"(3) The Secretary shall consult with the board of directors of the non-profit private entity awarded the contract under subsection (c) in establishing and updating standards of care under this subsection.

"(e) Coverage of Costs.--

(1) Except as provided in paragraph (2), any costs of operation and administration of the system required by this section, and of any veterinary care provided under the system, shall be covered by such combination of the following as the Secretary and the non-profit entity awarded the contract under subsection (c) jointly consider appropriate:

"(A) Contributions from the non-profit entity.

"(B) Payments for such care by owners or guardians of the retired military working dogs receiving such care.

"(C) Other appropriate non-Federal sources of funds.

"(2) Funds provided by the Federal Government--

"(A) may not be used--

"(i) to provide veterinary care under the system required by this section; or

"(ii) to pay for the normal operation of the non- profit entity awarded the contract under subsection (c); and

"(B) may be used to carry out the duties of the Secretary under subsections (a), (c), (d), and (f).

"(f) Regulations.--The Secretary shall prescribe regulations for the discharge of the requirements and authorities in this section, including regulations on the standards of care required by subsection (d).".

(B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"993. Military working dogs: veterinary care for retired military working dogs.".

(2) Regulations.--The Secretary of Defense shall prescribe the regulations required by subsection (f) of section 993 of title 10, United States Code (as added by paragraph (1)), not later than 180 days after the date of the enactment of this Act.

(c) Recognition of Service of Military Working Dogs.--Section 1125 of such title is amended--

(1) by inserting "(a) General Authority.--" before "The Secretary of Defense"; and

(2) by adding at the end the following new subsection:

"(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.".

SEC. 362. ASSISTANCE FOR HOMELAND DEFENSE MISSION TRAINING.

(a) Assistance Authorized.--Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section:

"Sec. 909. Training assistance

"(a) Assistance Authorized.--To improve the training of National Guard units and Federal agencies performing homeland defense activities, the Secretary of Defense may provide funding assistance through a special military cooperative agreement for the operation and maintenance of any State training center certified by the Federal Emergency Management Agency as capable of providing emergency response training.

"(b) Merit-based or Competitive Decisions.--A decision to commit, obligate, or expend funds under subsection (a) with or to a specific entity shall--

"(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10 or on competitive procedures; and

"(2) comply with other applicable provisions of law.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"909. Training assistance.".

SEC. 363. 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 the such guidance, policies, and procedures contribute to the safe, timely, and cost-effective handling of such material.

(3) The extent to which discrepancies in Department of Transportation guidance, policies, and procedures pertaining to handling, labeling, and packaging of hazardous materials shipments in commerce and similar Department of Defense guidance, policies, and procedures pertaining to the handling, labeling, and packaging of hazardous materials shipments impact the safe, timely, and cost-effective handling of such material.

(4) Any additional matters that the Comptroller General determines will further inform the appropriate congressional committees on issues related to the handling, labeling, and packaging procedures for hazardous material shipments to members of the Armed Forces worldwide.

(c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report of the review conducted under subsection (a).

(d) Appropriate Congressional Committees.--In this section, the term "appropriate congressional committees" means the following:

(1) The congressional defense committees.

(2) The Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2013, as follows:

(1) The Army, 552,100.

(2) The Navy, 322,700.

(3) The Marine Corps, 197,300.

(4) The Air Force, 330,383.

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

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

"(1) For the Army, 552,100.

"(2) For the Navy, 322,700.

"(3) For the Marine Corps, 197,300.

"(4) For the Air Force, 330,383.".

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

(a) Annual Certification.--Subject to subsections (b) and (c), if the President determines that a reduction in end strength of the regular component of the Army or Marine Corps (or both) is necessary for any of fiscal years 2014 through 2017, the President shall submit to Congress, with the budget request for that fiscal year, a certification that the reduction in end strength, should the assumptions of the National Security Strategy prescribed by the President in the most recent annual national security strategy report under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) prove to be incorrect, will not--

(1) undermine the ability of the Armed Forces to meet the requirements of the National Security Strategy;

(2) increase security risks for the United States; or (3) compel members of the Armed Forces to endure diminished dwell time and repeated deployments.

(b) Annual Limitation on Reductions.--

(1) Army.--The end strength of the regular component of the Army shall not be reduced by more than 15,000 members during each of fiscal years 2014 through 2017 from the end strength of the regular component of the Army at the end of the preceding fiscal year.

(2) Marine corps.--The end strength of the regular component of the Marine Corps shall not be reduced by more than 5,000 members during each of fiscal years 2014 through 2017 from the end strength of the regular component of the Marine Corps at the end of the preceding fiscal year.

(c) Budgeting Requirement.--The budget for the Department of Defense for each of fiscal years 2014 through 2017 as submitted to Congress--

(1) shall include amounts for maintaining an end strength of the regular component of the Army and the Marine Corps sufficient to comply with the active duty end strengths prescribed in section 691(b) of title 10, United States Code; and (2) shall not rely on any emergency, supplemental, or overseas contingency operations funding.

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

(a) Exclusion.--A member of the Armed Forces who is within the Integrated Disability Evaluation System as of the last day of any of fiscal years 2013 through 2018 shall not be counted toward the end strength levels for active duty members of the Armed Forces prescribed for that fiscal year.

(b) Funding Source.--The Secretary of Defense shall use funds authorized to be appropriated for overseas contingency operations being carried out by the Armed Forces to cover any military personnel expenses incurred as a result of the exclusion under subsection (a) of members of the Armed Forces from the end strengths levels for active forces.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2013, as follows:

(1) The Army National Guard of the United States, 358,200.

(2) The Army Reserve, 205,000.

(3) The Navy Reserve, 62,500.

(4) The Marine Corps Reserve, 39,600.

(5) The Air National Guard of the United States, 106,005.

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

(7) The Coast Guard Reserve, 9,000.

(b) End Strength Reductions.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End Strength Increases.--Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2013, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 32,060.

(2) The Army Reserve, 16,277.

(3) The Navy Reserve, 10,114.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 14,952.

(6) The Air Force Reserve, 2,888.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2013 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 27,210.

(2) For the Army Reserve, 8,395.

(3) For the Air National Guard of the United States, 22,272.

(4) For the Air Force Reserve, 10,946.

SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

(a) Limitations.--

(1) National guard.--Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2013, may not exceed the following:

(A) For the Army National Guard of the United States, 1,600.

(B) For the Air National Guard of the United States, 350.

(2) Army reserve.--The number of non-dual status technicians employed by the Army Reserve as of September 30, 2013, may not exceed 595.

(3) Air force reserve.--The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2013, may not exceed 90.

(b) Non-dual Status Technicians Defined.--In this section, the term "non-dual status technician" has the meaning given that term in section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2013, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of Authorization.--The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2013.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

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

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

(b) Corresponding Change in Computing Number of Flag Officers in Staff Corps of the Navy.--Section 5150(c) of such title is amended by striking the last sentence.

SEC. 502. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS OF SERVICE FOR REGULAR NAVY WARRANT OFFICERS IN THE GRADE OF CHIEF WARRANT OFFICER, W-5.

Section 1305(a) of title 10, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking "A regular warrant officer (other than a regular Army warrant officer)" and inserting "Subject to paragraphs (2) and (3), a regular warrant officer"; and

(B) by striking "he" and inserting "the officer"; and

(2) by adding at the end the following new paragraph:

"(3) In the case of a regular Navy warrant officer in the grade of chief warrant officer, W-5, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.".

SEC. 503. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAPLAINS.

(a) Establishment of Positions; Appointment.--Chapter 805 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties

"(a) Chief of Chaplains.--

(1) There is a Chief of Chaplains in the Air Force, appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force designated under section 8067(h) of this title as chaplains who--

"(A) are serving in the grade of colonel or above;

"(B) are serving on active duty; and

"(C) have served on active duty as a chaplain for at least eight years.

"(2) An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

"(3) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

"(b) Deputy Chief of Chaplains.--

(1) There is a Deputy Chief of Chaplains in the Air Force, appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force designated under section 8067(h) of this title as chaplains who--

"(A) are serving in the grade of colonel;

"(B) are serving on active duty; and

"(C) have served on active duty as a chaplain for at least eight years.

"(2) An officer appointed as the Deputy Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

"(3) The Deputy Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and the Chief of Chaplains and by law.

"(c) Selection Board.--Under regulations approved by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President for appointment as the Chief of Chaplains or the Deputy Chief of Chaplains, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selection boards convened under chapter 36 of this title.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"8039. Chief and Deputy Chief of Chaplains: appointment; duties.".

SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER.

(a) Army.--Section 3911(b)(2) of title 10, United States Code, is amended by striking "September 30, 2013" and inserting "September 30, 2018".

(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is amended by striking "September 30, 2013" and inserting "September 30, 2018".

(c) Air Force.--Section 8911(b)(2) of such title is amended by striking "September 30, 2013" and inserting "September 30, 2018".

SEC. 505. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT WAIVER LIMITATION FOR LIEUTENANT COLONELS AND COLONELS IN THE ARMY, AIR FORCE, AND MARINE CORPS AND COMMANDERS AND CAPTAINS IN THE NAVY.

Section 1370(a)(2)(F) of title 10, United States Code, is amended--

(1) by striking "the period ending on December 31, 2007" and inserting "fiscal years 2013 through 2018";

(2) by striking "Air Force" and inserting "Army, Air Force, and Marine Corps"; and

(3) by striking "in the period".

SEC. 506. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS FOR WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE REDUCED FOR RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT.

Section 1370(a)(2) of title 10, United States Code, is amended--

(1) in subparagraph (E)--

(A) by inserting "(i)" after "exceed"; and

(B) by inserting before the period at the end the following: "or (ii) in the case of officers of that armed forces in a grade specified in subparagraph (G), two officers, whichever number is greater"; and

(2) by adding at the end the following new subparagraph:

"(G) Notwithstanding subparagraph (E), during fiscal years 2013 through 2017, the total number of brigadier generals and major generals of the Army, Air Force, and Marine Corps, and the total number of rear admirals (lower half) and rear admirals of the Navy, for whom a reduction is made under this section during any fiscal year of service- in-grade otherwise required under this paragraph--

"(i) for officers of the Army, Navy, and Air Force, may not exceed five percent of the authorized active-duty strength for that fiscal year for officers of that armed force in those grades; and

"(ii) for officers of the Marine Corps, may not exceed 10 percent of the authorized active-duty strength for that fiscal year for officers in those grades.".

SEC. 507. DIVERSITY IN MILITARY LEADERSHIP AND RELATED REPORTING REQUIREMENTS.

(a) Plan to Achieve Military Leadership Reflecting Diversity of United States Population.--

(1) In general.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 656. Diversity in military leadership: plan

"(a) Plan.--The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall develop and implement a plan to accurately measure the efforts of the Department of Defense to achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, and ethnic populations. Any metric established pursuant to this subsection may not be used in a manner that undermines the merit-based processes of the Department of Defense, including such processes for accession, retention, and promotion. Such metrics may not be combined with the identification of specific quotas based upon diversity characteristics. The Secretary shall continue to account for diversified language and cultural skills among the total force of the military.

"(b) Metrics to Measure Progress in Developing and Implementing Plan.--In developing and implementing the plan under subsection (a), the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall develop a standard set of metrics and collection procedures that are uniform across the armed forces. The metrics required by this subsection shall be designed--

"(1) to accurately capture the inclusion and capability aspects of the armed forces broader diversity plans, including race, ethnic, and gender specific groups, functional expertise, and diversified cultural and language skills as to leverage and improve readiness; and

"(2) to be verifiable and systematically linked to strategic plans that will drive improvements.

"(c) Definition of Diversity.--In developing and implementing the plan under subsection (a), the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall develop a uniform definition of diversity.

"(d) Consultation.--Not less than annually, the Secretary of Defense and the Secretary of Homeland Security shall meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the armed forces to discuss the progress being made toward developing and implementing the plan established under subsection (a).

"(e) Cooperation With States.--The Secretary of Defense shall coordinate with the National Guard Bureau and States in tracking the progress of the National Guard toward developing and implementing the plan established under subsection (a).".

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"656. Diversity in military leadership: plan.".

(b) Inclusion in DOD Manpower Requirements Report.--Section 115a(c) of such title is amended by adding at the end the following new paragraphs:

"(4) The progress made in implementing the plan required by section 656 of this title to accurately measure the efforts of the Department to reflect the diverse population of the United States eligible to serve in the armed forces.

"(5) The number of members of the armed forces, including reserve components, listed by sex and race or ethnicity for each rank under each military department.

"(6) The number of members of the armed forces, including reserve components, who were promoted during the year covered by the report, listed by sex and race or ethnicity for each rank under each military department.

"(7) The number of members of the armed forces, including reserve components, who reenlisted or otherwise extended the commitment to military service during the year covered by the report, listed by sex and race or ethnicity for each rank under each military department.

"(8) The available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral.".

(c) Coast Guard Report.--

(1) Annual report required.--The Secretary of Homeland Security shall prepare an annual report addressing diversity among commissioned officers of the Coast Guard and Coast Guard Reserve and among enlisted personnel of the Coast Guard and Coast Guard Reserve. The report shall include--

(A) an assessment of the available pool of qualified candidates for the flag officer grades of admiral and vice admiral;

(B) the number of such officers and personnel, listed by sex 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 sex 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 sex and race or ethnicity for each rank.

(2) Submission.--The report under paragraph (1) shall be submitted each year 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.

Subtitle B--Reserve Component Management

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

(a) Codification of Existing Positions.--Chapter 5 of title 10, United States Code, is amended by inserting after section 155 the following new section:

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

"(a) Establishment of Positions.--The Secretary of Defense shall establish the following positions within the Joint Staff:

"(1) Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters.

"(2) Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters.

"(b) Selection.--

(1) The Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters shall be selected by the Chairman from officers of the Army National Guard of the United States or the Air Guard of the United States who--

"(A) are recommended for such selection by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;

"(B) have had at least 10 years of federally recognized commissioned service in the National Guard and significant joint duty experience, as determined by the Chairman of the Joint Chiefs of Staff; and

"(C) are in a grade above the grade of colonel.

"(2) The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters shall be selected by the Chairman from officers of the Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air Force Reserve who--

"(A) are recommended for such selection by the Secretary of the military department concerned;

"(B) have had at least 10 years of commissioned service in their reserve component and significant joint duty experience, as determined by the Chairman of the Joint Chiefs of Staff; and

"(C) are in a grade above the grade of colonel or, in the case of the Navy Reserve, captain.

"(c) Term of Office.--Each Assistant to the Chairman of the Joint Chiefs of Staff under subsection (a) serves at the pleasure of the Chairman for a term of two years and may be continued in that assignment in the same manner for one additional term. However, in time of war there is no limit on the number of terms.

"(d) Grade.--Each Assistant to the Chairman of the Joint Chiefs of Staff under subsection (a), while so serving, holds the grade of major general or, in the case of the Navy Reserve, rear admiral. Each such officer shall be considered to be serving in a position covered by the limited exclusion from the authorized strength of general officers and flag officers on active duty provided by section 526(b) of this title.

"(e) Duties.--

(1) The Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters is an adviser to the Chairman on matters relating to the National Guard and performs the duties prescribed for that position by the Chairman.

"(2) The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters is an adviser to the Chairman on matters relating to the reserves and performs the duties prescribed for that position by the Chairman.

"(f) Other Reserve Component Representation on Joint Staff.--The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs, shall develop appropriate policy guidance to ensure that, to the maximum extent practicable, the level of representation of reserve component officers on the Joint Staff is commensurate with the significant role of the reserve components within the armed forces.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 155 the following new item:

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

(c) Repeal of Superseded Law.--Section 901 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 155 note) is repealed.

SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF CERTAIN NATIONAL GUARD WARRANT OFFICERS.

Section 310(a) of title 32, United States Code, is amended--

(1) by inserting "(1)" before "Notwithstanding"; and

(2) by adding at the end the following new paragraph:

"(2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W-1, of the National Guard is promoted to the grade of chief warrant officer, W-2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W-2, effective as of the date on which that officer has completed the service in the grade prescribe by the Secretary concerned under section 12242 of title 10, if the warrant officer has remained in an active status since the warrant officer was so recommended.".

SEC. 513. ON-LINE TRACKING OF CERTAIN RESERVE DUTY.

The Secretary of Defense shall establish an online means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under the amendments to section 12731 of such title made by section 647 of the National Defense Authorization Act for fiscal year 2008 (Public Law 110-181; 122 Stat. 160).

Subtitle C--General Service Authorities

SEC. 521. MODIFICATIONS TO CAREER INTERMISSION PILOT PROGRAM.

(a) Extension of Programs to Include Active Guard and Reserve Personnel.--Subsection (a)(1) of section 533 of Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4449; 10 U.S.C. 701 prec.) is amended by inserting after "officers and enlisted members of the regular components" the following: ", and members of the Active Guard and Reserve (as defined in section 101(b)(16) of title 10, United States Code),".

(b) Authority to Carry Forward Unused Accrued Leave.--Subsection (h) of such section is amended by adding at the end the following new paragraph:

"(5) Leave.--A member who participates in a pilot program is entitled to carry forward the leave balance, existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, United States Code, but not to exceed 60 days.".

(c) Authority for Disability Processing.--Subsection (j) of such section is amended--

(1) by striking "for purposes of the entitlement" and inserting "for purposes of--

"(1) the entitlement";

(2) by striking the period at the end and inserting "; and"; and

(3) by adding at the end the following new paragraph:

"(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of title 10, United States Code.".

SEC. 522. AUTHORITY FOR ADDITIONAL BEHAVIORAL HEALTH PROFESSIONALS TO CONDUCT PRE-SEPARATION MEDICAL EXAMS FOR POST-TRAUMATIC STRESS DISORDER.

Section 1177(a) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking "or psychiatrist" and inserting "psychiatrist, licensed clinical social worker, or psychiatric nurse practitioner"; and

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

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

Section 1501(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

"(D) Notwithstanding section 1342 of title 31, the Secretary of Defense may accept voluntary services provided by individuals or non- Federal entities to further the purposes of this chapter.".

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

Section 701 of title 10, United States Code, is amended--

(1) by striking subsections (i) and (j) and inserting the following new subsection:

"(i)(1) A member of the armed forces who gives birth to a child or who adopts a child in a qualifying child adoption and will be primary caregiver for the adopted child shall receive 42 days of leave after the birth or adoption to be used in connection with the birth or adoption of the child.

"(2) A married member of the armed forces on active duty whose wife gives birth to a child or who adopts a child in a qualifying child adoption, but will not be primary caregiver for the adopted child, shall receive 10 days of leave to be used in connection with the birth or adoption of the child.

"(3) If two members of the armed forces who are married to each other adopt a child in a qualifying child adoption, only one of the members may be designated as primary caregiver for purposes of paragraph (1). In the case of a dual-military couple, the member authorized leave under paragraph (1) and the member authorized leave under paragraph (2) may utilize the leave at the same time.

"(4) For the purpose of this subsection, an adoption of a child by a member is a qualifying child adoption if the member is eligible for reimbursement of qualified adoption expenses for such adoption under section 1052 of this title.

"(5) Leave authorized under this subsection is in addition to other leave provided under other provisions of this section.

"(6) The Secretary of Defense may prescribe such regulations as may be necessary to carry out this subsection."; and

(2) by redesignating subsection (k) as subsection (j).

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

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

SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL OCCUPATIONAL STANDARDS FOR MILITARY OCCUPATIONAL SPECIALTIES CURRENTLY CLOSED TO WOMEN.

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

SEC. 527. COMPLIANCE WITH MEDICAL PROFILES ISSUED FOR MEMBERS OF THE ARMED FORCES.

(a) Compliance Requirement.--The Secretary of a military department shall ensure that commanding officers--

(1) do not prohibit or otherwise restrict the ability of physicians and other licensed health-care providers to issue a medical profile for a member of the Armed Forces; and

(2) comply with the terms of a medical profile issued to a member of the Armed Forces is assigning duties to the member.

(b) Limited Waiver Authority.--The first general officer or flag officer in the chain of command of a member of the Armed Forces covered by a medical profile may authorize, on a case-by-case basis, a temporary waiver of the compliance requirement imposed by subsection (a)(2) if the officer determines that the assignment of duties to the member in violation of the terms of the medical profile is vital to ensuring the readiness of the member and the unit.

(c) Medical Profile Defined.--In this section, the term "medical profile", with respect to a member of the Armed Forces, means a limitation imposed by a physician or other licensed health-care provider on the physical activity of the member on account of an illness or injury to facilitate the member's recovery or reduce the seriousness of the illness or injury.

Subtitle D--Military Justice and Legal Matters

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

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

(1) in the first sentence, by striking "detailed" and inserting "appointed by the President, by and with the advice and consent of the Senate,"; and

(2) by striking the second sentence and inserting the following: "If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a grade lower than the grade of major general immediately before the appointment, the officer shall be appointed in the grade of major general.".

(b) Duties, Authority, and Accountability.--Such section is further amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

"(c) The Staff Judge Advocate to the Commandant of the Marine Corps, under the direction of the Commandant of the Marine Corps and the Secretary of the Navy, shall--

"(1) perform such duties relating to legal matters arising in the Marine Corps as may be assigned to the Staff Judge Advocate;

"(2) perform the functions and duties, and exercise the powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapters 47 (the Uniform Code of Military Justice) and 53 of this title; and

"(3) perform such other duties as may be assigned to the Staff Judge Advocate.".

(c) Composition of Headquarters, Marine Corps.--Section 5041(b) of such title is amended--

(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(2) by inserting after paragraph (3) the following new paragraph (4):

"(4) The Staff Judge Advocate to the Commandant of the Marine Corps.".

(d) Supervision of Certain Legal Services.--

(1) Administration of military justice.--Section 806(a) of such title (article 6(a) of the Uniform Code of Military Justice) is amended in the third sentence by striking "or senior members of his staff" and inserting ", the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs".

(2) Delivery of legal assistance.--Section 1044(b) of such title is amended by inserting "and, within the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps" after "jurisdiction of the Secretary".

SEC. 532. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) Persons Who May Exercise Disposition Authority.--

(1) Disposition authority.--With respect to any charge under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) that alleges an offense specified in paragraph (2), the Secretary of Defense shall require the Secretaries of the military departments to restrict disposition authority under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) to officers of the Armed Forces who have the authority to convene special courts-martial under section 823 of such chapter (article 23 of the Uniform Code of Military Justice), but no lower than the first colonel, or in the case of the Navy, the first captain, with a legal advisor (or access to a legal advisor) in the chain of command of the person accused of committing the offense.

(2) Covered offenses.--Paragraph (1) applies with respect to a charge that alleges any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice):

(A) Rape or sexual assault under subsection (a) or (b) of section 920 of such chapter (article 120).

(B) Forcible sodomy under section 925 of such chapter (article 125).

(C) An attempt to commit an offense specified in paragraph (1) or (2), as punishable under section 880 of such chapter (article 80).

(b) Implementation.--

(1) Service secretaries.--The Secretaries of the military departments shall revise policies and procedures as necessary to comply with subsection (a).

(2) Secretary of defense.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with subsection (a).

(c) Recommendation of Additional Changes to Manual for Courts- Martial or UCMJ Policy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall make recommendations for additional changes to the Manual for Courts-Martial or to Department of Defense policies that would--

(1) ensure the consideration of the material facts regarding an alleged offense specified in subsection (a)(2) or other sexual offense under sections 920 through 920c of title 10, United States Code (articles 120 through 120c of the Uniform Code of Military Justice) is given precedence over the consideration of the character of the military service of the person accused of the sexual offense; and

(2) require all commanders who receive a report or complaint alleging an offense specified in subsection (a)(2) to refer the report or complaint to the Defense Criminal Investigative Service, Army Criminal Investigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations, as the case may be.

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

(a) Independent Review and Assessment.--The Secretary of Defense shall establish an independent panel to conduct an independent review and assessment of judicial proceedings under the Uniform Code of Military Justice involving sexual assault and related offenses for the purpose of developing potential improvements to such proceedings.

(b) Independent Panel for Review.--

(1) Composition.--The panel shall be composed of five members, appointed by the Secretary of Defense from among private United States citizens who have expertise in military law, civilian law, prosecution of sexual assaults in Federal criminal court, military justice policies, the missions of the Armed Forces, or offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice.

(2) Chair.--The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (1).

(3) Period of appointment; vacancies.--Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.

(4) Deadline for appointments.--All original appointments to the panel shall be made not later than 120 days after the date of the enactment of this Act.

(5) Meetings.--The panel shall meet at the call of the chair.

(6) First meeting.--The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel.

(7) Duration.--The panel shall expire on September 30, 2017.

(c) Duties.--

(1) Annual report on implementation of ucmj amendments.--

The panel shall prepare annual reports regarding the implementation of the reforms to the offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice enacted by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112- 81; 125 Stat. 1404).

(2) Review and consultation.--In preparing the reports, the panel shall review, evaluate, and assess the following:

(A) The advisory sentencing guidelines given by judges in Federal courts and how those guidelines compare to advisory sentencing guidance provided to panels rendering punishments in court-martial proceedings, including whether it would be more beneficial for advisory sentencing guidelines to be provided to panels or for discretion to be given to judges regarding whether to issue advisory sentencing guidelines.

(B) The punishments or administrative actions taken in response to sexual assault court-martial proceedings, including the number of punishments or administrative actions taken as rendered by a panel and the number of punishments or administrative actions rendered by a judge and the consistency and proportionality of the decisions, punishments, and administrative actions to the facts of each case compared with Federal and State criminal courts.

(C) The court-martial convictions of sexual assaults in the year covered by the report and the number and description of instances when punishments were reduced upon appeal and the instances in which the defendant appealed following a plea agreement, if such information is available.

(D) The number of instances in which the previous sexual conduct of the alleged victim was considered in Article 32 proceedings and any instances where previous sexual conduct was deemed to be inadmissible.

(E) The number of instances in which evidence of the previous sexual conduct of the alleged victim was introduced by the defense in a court-martial what impact that evidence had on the case.

(F) The training level of defense and prosecution trial counsel, including an inventory of the experience of JAG lead trial counsel in each instance and any existing standards or requirements for lead counsel, including their experience in defending or prosecuting sexual assault and related offenses.

(G) Such other matters and materials as the panel considers appropriate for purposes of the reports.

(3) Utilization of other studies.--In preparing the reports, the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies.

(4) First report.--Not later than 180 days after its first meeting, the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives its first report under this subsection. The panel shall include proposals for such legislative or administrative action as the panel considers appropriate in light of its review.

(d) Powers of Panel.--

(1) Hearings.--The panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section.

(2) Information from federal agencies.--Upon request by the chair of the panel, any department or agency of the Federal Government may provide information that the panel considers necessary to carry out its duties under this section.

(e) Personnel Matters.--

(1) Pay of members.--Members of the panel shall serve without pay by reason of their work on the panel.

(2) Travel expenses.--The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.

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

(a) Collection.--The Secretary of Defense shall require that the Secretary of each military department establish a record on the disposition of any report of sexual assault, whether such disposition is court martial, nonjudicial punishment, or other administrative action. The record of any such disposition shall include the following, as appropriate:

(1) Documentary information collected about the incident reported, other than investigator case notes.

(2) Punishment imposed, including the sentencing by judicial or non-judicial means including incarceration, fines, restriction, and extra duty as a result of military court- martial, Federal and local court and other sentencing, or any other punishment imposed.

(3) Administrative actions taken, if any.

(4) Any pertinent referrals offered as a result of the incident (such as drug and alcohol counseling and other types of counseling or intervention).

(b) Retention.--The Secretary of Defense shall require that--

(1) the records established pursuant to subsection (a) be retained by the Department of Defense for a period of not less than 20 years; and

(2) a copy of such records be maintained at a centralized location for the same period as applies to retention of the records under paragraph (1).

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

(a) Briefing and Plan Required.--Not later than May 1, 2013, the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and plan that outlines efforts by the Department of Defense and the Coast Guard--

(1) to prevent the hazing of members of the Armed Forces by other members of the Armed Forces; and

(2) to respond to and resolve alleged hazing incidents involving members of the Armed Forces, including the prosecution of offenders through the use of punitive articles under subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(b) Database.--The plan required by subsection (a) shall include the establishment of a database for the purpose of improving the ability of the Department of Defense and the Coast Guard--

(1) to determine the extent to which hazing incidents involving members of the Armed Forces are occurring and the nature of such hazing incidents; and

(2) to track, respond to, and resolve hazing incidents involving members of the Armed Forces.

(c) Recommendations.--As part of the briefing required by subsection (a), the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall submit such recommendations for changes to the Uniform Code of Military Justice and the Manual for Courts-Martial as the Secretaries consider necessary to improve the prosecution of hazing incidents.

(d) Consultation.--The Secretary of Defense shall prepare the plan, database, and recommendations required by this section in consultation with the Secretaries of the military departments.

(e) Transfer of Victims of Hazing in the Armed Forces.--The Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall develop and implement a procedure to transfer a member of that branch of the Armed Forces who has been the victim of a substantiated incident of hazing to another unit in such branch of the Armed Forces.

(f) Hazing Described.--For purposes of carrying out this section, the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall use the definition of hazing contained in the August 28, 1997, Secretary of Defense Policy Memorandum, which defined hazing as any conduct whereby a member of the Armed Forces, regardless of branch or rank, without proper authority causes another member to suffer, or be exposed to, any activity which is cruel, abusive, humiliating, oppressive, demeaning, or harmful. Soliciting or coercing another person to perpetrate any such activity is also considered hazing. Hazing need not involve physical contact among or between members of the Armed Forces. Hazing can be verbal or psychological in nature. Actual or implied consent to acts of hazing does not eliminate the culpability of the perpetrator.

(g) Annual Reporting Requirement.--

(1) In general.--The database required by subsection (b) shall be used to develop and implement an annual congressional report.

(2) Reports required.--Not later than January 15 of each year, the Secretary of Defense and the Secretary of Homeland Security (with respect to the Coast Guard) shall submit to the designated congressional committees a report on the hazing incidents involving members of the Armed Forces during the preceding year.

(3) Elements.--Each report shall include the following:

(A) an assessment by the Secretaries of the implementation during the preceding year of the policies and procedures of each Armed Force on the prevention of and response to hazing involving members of the Armed Forces in order to determine the effectiveness of such policies and procedures.

(B) Data on the number of alleged and substantiated hazing incidents within each Armed Force that occurred that year, including the race, gender and Armed Force of the victim and offender, the nature of the hazing, and actions taken to resolve and address the hazing.

(h) Comptroller General Report.--

(1) Report required.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the designated congressional committees a report on the policies to prevent hazing and systems initiated to track incidents of hazing in each of the Armed Forces, including officer cadet schools, military academies, military academy preparatory schools, and basic training and professional schools for enlisted members.

(2) Elements.--The report required by paragraph (1) shall include the following:

(A) An evaluation of the definition of hazing used pursuant to subsection (e).

(B) A description of the criteria used, and the methods implemented, in the systems to track incidents of hazing in the Armed Forces.

(C) An assessment of the following:

(i) The scope of hazing in each Armed Force.

(ii) The policies in place and the training on hazing provided to members throughout the course of their careers for each Armed Force.

(iii) The actions taken to mitigate hazing incidents in each Armed Force.

(iv) The effectiveness of the training and policies in place regarding hazing.

(v) The number of alleged and substantiated incidents of hazing over the last five years for each Armed Force, the nature of these cases and actions taken to address such matters through non-judicial and judicial action.

(D) An evaluation of the additional actions, if any, the Secretary of Defense and the Secretary of Homeland Security propose to take to further address the incidence of hazing in the Armed Forces.

(E) Such recommendations as the Comptroller General considers appropriate for improving hazing prevention programs, policies, and other actions taken to address hazing within the Armed Forces.

(i) Designated Congressional Committees Defined.--In subsections (f) and (g), the term "designated congressional committees" means--

(1) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Commerce, Science and Transportation of the Senate; and

(2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives.

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

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

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

"(a) Protection of Rights of Conscience.--The Armed Forces shall accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality and may not use such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Nothing in this subsection precludes disciplinary action for conduct that is proscribed by chapter 47 of this title (the Uniform Code of Military Justice).

"(b) Protection of Chaplains.--

(1) For purposes of this title, a military chaplain is--

"(A) a certified religious leader or clergy of a faith community who, after satisfying the professional and educational requirements of the commissioning service, is commissioned as an officer in the Chaplains Corps of one of the branches of the Armed Forces; and

"(B) a representative of the faith group of the chaplain, who remains accountable to the endorsing faith group for the religious ministry involved to members of the Armed Forces, to--

"(i) provide for the religious and spiritual needs of members of the Armed Forces of that faith group; and

"(ii) facilitate the religious needs of members of the Armed Forces of other faith groups.

"(2) No member of the Armed Forces may--

"(A) direct, order, or require a chaplain to perform any duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain, or contrary to the moral principles and religious beliefs of the endorsing faith group of the chaplain; or

"(B) discriminate or take any adverse personnel action against a chaplain, including denial of promotion, schooling, training, or assignment, on the basis of the refusal by the chaplain to comply with a direction, order, or requirement prohibited by subparagraph (A).

"(c) Regulations.--The Secretary of Defense shall issue regulations implementing the protections afforded by this section.".

(b) Clerical Amendment.--The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1034 the following new item:

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

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

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

SEC. 538. COORDINATION BETWEEN YELLOW RIBBON REINTEGRATION PROGRAM AND SMALL BUSINESS DEVELOPMENT CENTERS.

The Office for Reintegration Programs shall assist each State to coordinate services under the Yellow Ribbon Reintegration Program under section 582 of the National Defense Authorization Act of 2008 (10 U.S.C. 10101 note) with Small Business Development Centers (as defined in section 3(t) of the Small Business Act) in each State.

Subtitle E--Member Education and Training Opportunities and Administration

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

(a) Transfer of Functions.--

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

(2) Effective date.--The transfer under paragraph (1) shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act, or on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.

(b) Enactment of Program Authority in Title 10, United States Code.--

(1) In general.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 1154. Assistance to eligible members and former members to obtain employment as teachers: troops-to-teachers program

"(a) Definitions.--In this section:

"(1) Charter school.--The term 'charter school' has the meaning given that term in section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1)).

"(2) Eligible school.--The term 'eligible school' means--

"(A) a public school, including a charter school, at which--

"(i) at least 30 percent of the students enrolled in the school are from families with incomes below 185 percent of poverty level (as defined by the Office of Management and Budget and revised at least annually in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) applicable to a family of the size involved; or

"(ii) at least 13 percent of the students enrolled in the school qualify for assistance under part B of the Individuals with Disabilities Education Act; or

"(B) a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 (25 U.S.C. 2021(3)).

"(3) High-need school.--The term 'high-need school' means--

"(A) an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible to for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the number of children eligible to receive medical assistance under the Medicaid program, or a composite of these indicators;

"(B) a high school in which at least 40 percent of enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools; or

"(C) a school that is in a local educational agency that is eligible under section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)).

"(4) Member of the armed forces.--The term 'member of the armed forces' includes a retired or former member of the armed forces.

"(5) Participant.--The term 'participant' means an eligible member of the armed forces selected to participate in the Program.

"(6) Program.--The term 'Program' means the Troops-to- Teachers Program authorized by this section.

"(7) Secretary.--The term 'Secretary' means the Secretary of Defense.

"(8) Additional terms.--The terms 'elementary school', 'local educational agency', 'secondary school', and 'State' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

"(b) Program Authorization.--The Secretary of Defense may carry out a Troops-to-Teachers Program--

"(1) to assist eligible members of the armed forces described in subsection (d) to obtain certification or licensing as elementary school teachers, secondary school teachers, or career or technical teachers; and

"(2) to facilitate the employment of such members--

"(A) by local educational agencies or charter schools that the Secretary of Education identifies as--

"(i) receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et. seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or

"(ii) experiencing a shortage of teachers, in particular a shortage of science, mathematics, special education, foreign language, or career or technical teachers; and

"(B) in elementary schools or secondary schools, or as career or technical teachers.

"(c) Counseling and Referral Services.--The Secretary may provide counseling and referral services to members of the armed forces who do not meet the eligibility criteria described in subsection (d), including the education qualification requirements under paragraph (3)(B) of such subsection.

"(d) Eligibility and Application Process.--

"(1) Eligible members.--The following members of the armed forces are eligible for selection to participate in the Program:

"(A) Any member who--

"(i) on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;

"(ii) has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or

"(iii) has been transferred to the Retired Reserve.

"(B) Any member who, on or after January 8, 2002--

"(i)(I) is separated or released from active duty after four or more years of continuous active duty immediately before the separation or release; or

"(II) has completed a total of at least six years of active duty service, six years of service computed under section 12732 of this title, or six years of any combination of such service; and

"(ii) executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).

"(C) Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.

"(2) Submission of applications.--

(A) Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.

"(B) In the case of an eligible member of the armed forces described in subparagraph (A)(i), (B), or (C) of paragraph (1), an application shall be considered to be submitted on a timely basis under if the application is submitted not later than three years after the date on which the member is retired, separated, or released from active duty, whichever applies to the member.

"(3) Selection criteria; educational background requirements; honorable service requirement.--

(A) The Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.

"(B) If a member of the armed forces is applying for the Program to receive assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.

"(C) If a member of the armed forces is applying for the Program to receive assistance for placement as a career or technical teacher, the Secretary shall require the member--

"(i) to have received the equivalent of one year of college from an accredited institution of higher education or the equivalent in military education and training as certified by the Department of Defense; or

"(ii) to otherwise meet the certification or licensing requirements for a career or technical teacher in the State in which the member seeks assistance for placement under the Program.

"(D) A member of the armed forces is eligible to participate in the Program only if the member's last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member's last period of service is characterized as honorable by the Secretary concerned.

"(4) Selection priorities.--In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary--

"(A) shall give priority to members who--

"(i) have educational or military experience in science, mathematics, special education, foreign language, or career or technical subjects; and

"(ii) agree to seek employment as science, mathematics, foreign language, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency; and

"(B) may give priority to members who agree to seek employment in a high-need school.

"(5) Other conditions on selection.--

(A) Subject to subsection (i), the Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.

"(B) The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years.

"(e) Participation Agreement and Financial Assistance.--

"(1) Participation agreement.--

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

"(i) within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or career or technical teacher; and

"(ii) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school to begin the school year after obtaining that certification or licensing.

"(B) The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.

"(2) Violation of participation agreement; exceptions.--A participant shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant--

"(A) is pursuing a full-time course of study related to the field of teaching at an institution of higher education;

"(B) is serving on active duty as a member of the armed forces;

"(C) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;

"(D) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;

"(E) is unable to find full-time employment as a teacher in an elementary school or secondary school or as a career or technical teacher for a single period not to exceed 27 months; or

"(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.

"(3) Stipend and bonus for participants.--

(A) Subject to subparagraph (C), the Secretary may pay to a participant a stipend to cover expenses incurred by the participant to obtain the required educational level, certification or licensing. Such stipend may not exceed $5,000 and may vary by participant.

"(B)(i) Subject to subparagraph (C), the Secretary may pay a bonus to a participant who agrees in the participation agreement under paragraph (1) to accept full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school.

"(ii) The amount of the bonus may not exceed $5,000, unless the eligible school is a high-need school, in which case the amount of the bonus may not exceed $10,000. Within such limits, the bonus may vary by participant and may take into account the priority placements as determined by the Secretary.

"(C)(i) The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.

"(ii) The total number of bonuses that may be paid under subparagraph (B) in any fiscal year may not exceed 3,000.

"(iii) A participant may not receive a stipend under subparagraph (A) if the participant is eligible for benefits under chapter 33 of title 38.

"(iv) The combination of a stipend under subparagraph (A) and a bonus under subparagraph (B) for any one participant may not exceed $10,000.

"(4) Treatment of stipend and bonus.--A stipend or bonus paid under this subsection to a participant shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

"(f) Reimbursement Under Certain Circumstances.--

"(1) Reimbursement required.--A participant who is paid a stipend or bonus under this subsection shall be subject to the repayment provisions of section 373 of title 37 under the following circumstances:

"(A) The participant fails to obtain teacher certification or licensing or to obtain employment as an elementary school teacher, secondary school teacher, or career or technical teacher as required by the participation agreement under subsection (e)(1).

"(B) The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or career or technical teacher during the three years of required service in violation of the participation agreement.

"(C) The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.

"(2) Amount of reimbursement.--A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service.

"(3) Interest.--Any amount owed by a participant under this subsection shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.

"(4) Exceptions to reimbursement requirement.--A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.

"(g) Relationship to Educational Assistance Under Montgomery GI Bill.--Except as provided in subsection (e)(3)(C)(iii), the receipt by a participant of a stipend or bonus under subsection (e) shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 or 33 of title 38 or chapter 1606 of this title.

"(h) Participation by States.--

"(1) Discharge of state activities through consortia of states.--The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.

"(2) Assistance to states.--

(A) Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants as elementary school teachers, secondary school teachers, and career or technical teachers.

"(B) The total amount of grants made under subparagraph (A) in any fiscal year may not exceed $5,000,000.

"(i) Limitation on Total Fiscal-year Obligations.--The total amount obligated by the Secretary under the Program for any fiscal year may not exceed $15,000,000.".

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

(c) Conforming Amendment.--Subparagraph (C) of section 1142(b)(4) of such title is amended by striking "section 2302" and all that follows through the end of the subparagraph and inserting "under section 1154 of this title.".

(d) Termination of Department of Education Troops-to-Teachers Program.--

(1) Termination.--Chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed.

(2) Clerical amendment.--The table of contents in section 2 of the Elementary and Secondary Education Act 1965 is amended by striking the items relating to chapter A of subpart 1 of part C of title II of such Act.

(3) Existing agreements.--The repeal of chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) by paragraph (1) shall not affect--

(A) the validity or terms of any agreement entered into under such chapter, as in effect immediately before such repeal, before the effective date of the transfer of the Troops-to-Teachers Program under subsection (a); or (B) the authority to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before the effective date of the transfer of the Troops-to-Teachers Program under subsection (a).

SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL FITNESS PROGRAMS.

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

"Sec. 6981. Support of athletic and physical fitness programs

"(a) Authority.--The Secretary of the Navy may enter into agreements, including cooperative agreements (as described in section 6305 of title 31), with the Naval Academy Athletic Association and its successors and assigns (in this section referred to as the 'association') to manage any aspect of the athletic and physical fitness programs of the Naval Academy.

"(b) Authority to Provide Support to Association.--

(1) The Secretary of the Navy may to transfer funds to the association to pay expenses incurred by the association in managing the athletic and physical fitness programs of the Naval Academy.

"(2) The Secretary may provide personal property and the services of members of the naval service and civilian personnel of the Department of the Navy to assist the association in managing the athletic and physical fitness programs of the Naval Academy.

"(c) Acceptance of Gifts From the Association.--The Secretary of the Navy may accept from the association funds, supplies, and services for the support of the athletic and physical fitness programs of the Naval Academy.

"(d) Receipt and Retention of Funds From Association and Other Sources.--

(1) The Secretary of the Navy may receive from the association funds generated by the athletic and physical fitness programs of the Naval Academy and any other activity of the association and to retain and use such funds to further the mission of the Naval Academy. Receipt and retention of such funds shall be subject to oversight by the Secretary.

"(2) The Secretary may accept, use, and retain funds from the National Collegiate Athletic Association and to transfer all or part of those funds to the association for the support of the athletic and physical fitness programs of the Naval Academy.

"(e) User Fees.--The Secretary of the Navy may charge user fees to the association for the association's use of Naval Academy facilities for the conduct of summer athletic camps. Fees collected under this subsection may be retained for use in support of the Naval Academy athletic program and shall remain available until expended.

"(f) Licensing, Marketing, and Sponsorship Agreements.--

(1) The Secretary of the Navy may enter into an agreement with the association authorizing the association to represent the Department of the Navy in connection with licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Naval Academy, to the extent authorized by the Chief of Naval Research and in accordance with sections 2260 and 5022 of this title.

"(2) Notwithstanding section 2260(d)(2) of this title, any funds generated by the licensing, marketing, and sponsorship under a agreement entered into under paragraph (1) may be accepted, used, and retained by the Secretary, or transferred by the Secretary to the association, for--

"(A) payment of the costs of securing trademark registrations and operating of licensing programs; or

"(B) supporting the athletic and physical fitness programs of the Naval Academy.

"(g) Authorized Service on Board of Directors.--The Secretary may authorize members of the naval service and civilian personnel of the Department of the Navy to serve in accordance with sections 1033 and 1589 of this title as members of the governing board of the association.

"(h) Conditions.--The authority provided in this section with respect to the association is available only so long as the association continues--

"(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986;

"(2) to operate in accordance with this section, the laws of the State of Maryland, and the constitution and bylaws of the association; and

"(3) to operate exclusively to support the athletic and physical fitness programs of the Naval Academy.

"(i) Congressional Notification.--Not later than 60 days after the date on which the Secretary of the Navy enters into an agreement under the authority of this section, the Secretary shall provide a copy of the agreement to the congressional defense committees.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"6981. Support of athletic and physical fitness programs.".

SEC. 543. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REVIEW OF ACCESS TO MILITARY INSTALLATIONS BY REPRESENTATIVES OF FOR-PROFIT EDUCATIONAL INSTITUTIONS.

(a) Review Required.--The Inspector General of the Department of Defense shall conduct a review to determine the extent of the access that representatives of for-profit educational institutions have to military installations and whether there are adequate safeguards in place to regulate such access.

(b) Elements of Review.--The review shall determine at a minimum the following:

(1) The extent to which representatives of for-profit educational institutions are accessing military installations for marketing and recruitment purposes.

(2) Whether there uniform and robust enforcement of DOD Directive 1344.07.

(3) Whether additional Department rules, policies, or oversight mechanisms should be put in place to regulate such practices.

(c) Inspector General Access.--The Secretary of Defense shall ensure that the Inspector General has access to all Department of Defense records and military installations for the purpose of conducting the review.

SEC. 544. 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 (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 opportunities for civilian occupational skills comparable to the specialties or codes so designated; and".

Subtitle F--Decorations and Awards

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

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

SEC. 552. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES WHO WERE VICTIMS OF THE ATTACKS AT RECRUITING STATION IN LITTLE ROCK, ARKANSAS, AND AT FORT HOOD, TEXAS.

(a) Award Required.--The Secretary of the military department concerned shall award the Purple Heart to the members of the Armed Forces who were killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009.

(b) Exception.--Subsection (a) shall not apply to a member of the Armed Forces whose wound was the result of the willful misconduct of the member.

SEC. 553. ADVANCEMENT OF BRIGADIER GENERAL CHARLES E. YEAGER, UNITED STATES AIR FORCE (RETIRED), ON THE RETIRED LIST.

(a) Advancement.--Brigadier General Charles E. Yeager, United States Air Force (retired), is entitled to hold the rank of major general while on the retired list of the Air Force.

(b) Additional Benefits Not to Accrue.--The advancement of Charles E. Yeager on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Charles E. Yeager is now or may in the future be entitled based upon his military service or affect any benefits to which any other person may become entitled based on his service.

SEC. 554. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO FIRST LIEUTENANT ALONZO H. CUSHING FOR ACTS OF VALOR DURING THE CIVIL WAR.

(a) Authorization.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to then First Lieutenant Alonzo H. Cushing for conspicuous acts of gallantry and intrepidity at the risk of life and beyond the call of duty in the Civil War, as described in subsection (b).

(b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H.

Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.

SEC. 555. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

(a) Authority To Award.--The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600-05-1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

(b) Procurement of Badge.--The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

SEC. 556. REPORT ON NAVY REVIEW, FINDINGS, AND ACTIONS PERTAINING TO MEDAL OF HONOR NOMINATION OF MARINE CORPS SERGEANT RAFAEL PERALTA.

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the Navy review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta. The report shall account for all evidence submitted with regard to the case.

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

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

(a) Assistance to Schools With Significant Numbers of Military Dependent Students.--Of the amount authorized to be appropriated for fiscal year 2013 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).

(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations.--Of the amount authorized to be appropriated for fiscal year 2013 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).

(c) Local Educational Agency Defined.--In this section, the term "local educational agency" has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN WHO WERE CARRIED DURING PREGNANCY AT THE TIME OF DEPENDENT-ABUSE OFFENSE COMMITTED BY AN INDIVIDUAL WHILE A MEMBER OF THE ARMED FORCES.

(a) Definition of Dependent Child.--Subsection (l) of section 1059 of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking "at the time of the dependent-abuse offense resulting in the separation of the former member" and inserting "or eligible spouse or former spouse at the time of the dependent-abuse offense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse".

(b) Determination of Payment Amount.--Subsection (f) of such section is amended by adding at the end the following new paragraph:

"(4) A payment to a child under this section shall not cover any period during which the child was in utero.".

(c) Prospective Applicability.--No benefits shall accrue by reason of the amendments made by this section for any month that begins before the date of the enactment of this Act.

SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS TO ENROLL CERTAIN STUDENTS.

Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsections:

"(k) Enrollment of Relocated Defense Dependents' Education System Students.--

(1) The Secretary of Defense may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent of a member of the armed forces or a dependent of a Federal employee who is enrolled in the defense dependents' education system established under section 1402 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921) if--

"(A) the dependents departed the overseas location as a result of a evacuation order;

"(B) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and

"(C) the school possesses the capacity and resources necessary to enable the student to attend the school.

"(2) A dependent described in paragraph (1) who is enrolled in a school operated by the Department of Defense education program pursuant to such paragraph may attend the school only through the end of the school year.

"(l) Enrollment in Virtual Elementary and Secondary Education Program.--

(1) Under regulations prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in the virtual elementary and secondary education program established as a component of the Department of Defense education program of a dependent of a member of the armed forces on active duty who--

"(A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school operated by the Department of Defense education program); and

"(B) immediately before such enrollment, was enrolled in the defense dependents' education system established under section 1402 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921).

"(2) Enrollment of a dependent described in paragraph (1) pursuant to such paragraph shall be on a tuition basis.".

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

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

"SEC. 208. CHILD CUSTODY PROTECTION.

"(a) Restriction on Temporary Custody Order.--If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).

"(b) Exclusion of Military Service From Determination of Child's Best Interest.--If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, in determining the best interest of the child.

"(c) No Federal Jurisdiction or Right of Action or Removal.-- Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

"(d) Preemption.--In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

"(e) Deployment Defined.--In this section, the term 'deployment' means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 18 months pursuant to temporary or permanent official orders--

"(1) that are designated as unaccompanied;

"(2) for which dependent travel is not authorized; or

"(3) that otherwise do not permit the movement of family members to that location.".

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:

"208. Child custody protection.".

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

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

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

"(a) Treatment of Absence From Residence Due to Active Duty.--

While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation.

"(b) Limitation.--Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section.

"(c) Definitions.--In this section:

"(1) Existing mortgage.--The term 'existing mortgage' means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that--

"(A) had a duration of 13 consecutive months or longer; and

"(B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence.

"(2) Covered refinancing mortgage.--The term 'covered refinancing mortgage' means any mortgage that--

"(A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and

"(B) is secured by the same residence that secured such existing mortgage or mortgages.".

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item:

"303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing.".

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

(a) Findings.--Congress makes the following findings:

(1) The hopes and prayers of the American people for the safe return of members of the Armed Forces serving overseas are demonstrated through the proud display of yellow ribbons.

(2) The designation of a "Yellow Ribbon Day" would serve as an additional reminder for all Americans of the continued sacrifice of members of the Armed Forces.

(3) Yellow Ribbon Day would also recognize the history and meaning of the Yellow Ribbon as the symbol of support for members of the Armed Forces and American civilians serving in combat or crisis situations overseas.

(b) Sense of Congress.--Congress supports the goals and ideals of Yellow Ribbon Day, observed on April 9th each year, in honor of members of the Armed Forces and American civilians who are serving overseas in defense of the United States apart from their families and loved ones.

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

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

(a) Establishment Required.--The Secretary of each military department shall establish special victim teams for the purpose of--

(1) investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses; and

(2) providing support for the victims of such offenses.

(b) Personnel.--A special victim team shall be comprised of specially trained and selected--

(1) investigators from the Defense Criminal Investigative Service, Army Criminal Investigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations;

(2) judge advocates;

(3) victim witness assistance personnel; and

(4) administrative paralegal support personnel.

(c) Training, Selection, and Certification Standards.--The Secretary of each military department shall prescribe standards for the training, selection, and certification of personnel for special victim teams established by that Secretary.

(d) Time for Establishment.--

(1) Discretion regarding number of teams needed.--The Secretary of a military department shall determine the total number of special victim teams to be established, and prescribe regulations for their management and use, in order to provide effective, timely, and responsive world-wide support for the purposes described in subsection (a). Not later than 270 days after the date of the enactment of this Act, each Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan and time line for the establishment of the special victim teams that the Secretary has determined are needed.

(2) Initial team.--Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall have available for use at least one special victim team.

(e) Evaluation of Effectiveness.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the common criteria to be used by the Secretaries of the military departments to measure the effectiveness and impact of the special victim teams from the investigative, prosecutorial, and victim's perspectives, and require the Secretaries of the military departments to collect and report the data required by the Secretary of Defense.

(f) Special Victim Team Defined.--In this section, the term "special victim team" means a distinct, recognizable group of appropriately skilled professionals who work collaboratively to achieve the purposes described in subsection (a). This section does not require that a special victim team be created as separate military unit or have a separate chain of command.

SEC. 572. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL ASSAULT PREVENTION AND RESPONSE.

Section 585 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434) is amended by adding at the end the following new subsections:

"(d) Commanders' Training.--The Secretary of Defense shall provide for the inclusion of a sexual assault prevention and response training module in the training for new or prospective commanders at all levels of command. The training shall be tailored to the responsibilities and leadership requirements of members of the Armed Forces as they are assigned to command positions. Such training shall include the following:

"(1) Fostering a command climate that does not tolerate sexual assault.

"(2) Fostering a command climate in which persons assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault.

"(3) Fostering a command climate that encourages victims of sexual assault to report any incident of sexual assault.

"(4) Understanding the needs of, and the resources available to, the victim after an incident of sexual assault.

"(5) Use of military criminal investigative organizations for the investigation of alleged incidents of sexual assault.

"(6) Available disciplinary options, including court- martial, non-judicial punishment, administrative action, and deferral of discipline for collateral misconduct, as appropriate.

"(e) Explanation to Be Included in Initial Entry and Accession Training.--

"(1) Requirement.--The Secretary of Defense shall require that the matters specified in paragraph (2) be carefully explained to each member of the Army, Navy, Air Force, and Marine Corps at the time of (or within fourteen duty days after)--

"(A) the member's initial entrance on active duty; or

"(B) the member's initial entrance into a duty status with a reserve component.

"(2) Matters to be explained.--This subsection applies with respect to the following:

"(A) Department of Defense policy with respect to sexual assault.

"(B) The resources available with respect to sexual assault reporting and prevention and the procedures to be followed by a member seeking to access those resources.".

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

(a) Required Posting of Information on Sexual Assault Prevention and Response Resources.--

(1) Posting.--The Secretary of Defense shall require that there be prominently posted, in accordance with paragraph (2), notice of the following information relating to sexual assault prevention and response, in a form designed to ensure visibility and understanding:

(A) Resource information for members of the Armed Forces, military dependents, and civilian personnel of the Department of Defense with respect to prevention of sexual assault and reporting of incidents of sexual assault.

(B) Contact information for personnel who are designated as Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

(C) The Department of Defense "hotline" telephone number, referred to as the Safe Helpline, for reporting incidents of sexual assault, or any successor operation.

(2) Posting placement.--Posting under subsection (a) shall be at the following locations, to the extent practicable:

(A) Any Department of Defense duty facility.

(B) Any Department of Defense dining facility.

(C) Any Department of Defense multi-unit residential facility.

(D) Any Department of Defense health care facility.

(E) Any Department of Defense commissary or exchange.

(F) Any Department of Defense Community Service Agency.

(G) Any Department of Defense website.

(b) Notice to Victims of Available Assistance.--The Secretary of Defense shall require that procedures in the Department of Defense for responding to a complaint or allegation of sexual assault submitted by or against a member of the Armed Forces include prompt notice to the person making the complaint or allegation of the forms of assistance available to that person from the Department of Defense and, to the extent known to the Secretary, through other departments and agencies, including State and local agencies, and other sources.

SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS REGARDING SEXUAL ASSAULTS.

(a) Greater Detail in Case Synopses Portion of Report.--Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

"(f) Additional Details for Case Synopses Portion of Report.--The Secretary of each military department shall include in the case synopses portion of each report described in subsection (b)(3) the following additional information:

"(1) If an Article 32 Investigating Officer recommends dismissal of the charges against a member of the Armed Forces accused of committing a sexual assault, the case synopsis shall explicitly state the reasons for that recommendation.

"(2) If the case synopsis states that a member of the Armed Forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.

"(3) The case synopsis shall indicate whether a member of the Armed Forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault.

"(4) The case synopsis shall indicate the branch of the Armed Forces of each member accused of committing a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual assault.

"(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.

"(6) If alcohol was involved in any way in a substantiated sexual assault incident, the case synopsis shall specify whether the member of the Armed Forces accused of committing the sexual assault had previously been ordered to attend substance abuse counseling.".

(b) Applications for Certain Transfers by Sexual Assault Victims.--

Subsection (b) of such section is amended by adding at the end the following new paragraph:

"(7) The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the Armed Forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied.".

(c) Application of Amendments.--The amendments made by this section shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2013, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

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

Effective with the report required to be submitted by March 1, 2013, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note), the Secretary of each military department shall include in each annual report required by that section information on sexual harassment involving members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. For purposes of complying with this section, the Secretary of the military department concerned shall apply subsection (b) of such section 1631 by substituting the term "sexual harassment" for "sexual assault" each place it appears in paragraphs (1) through (4) of such subsection.

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

(a) Reports Required.--Not later than August 28, 2012, and every six months thereafter until the date determined under subsection (b), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the progress made during the previous six months to ensure that both of the following are fully functional and operational:

(1) The Defense Incident-Based Reporting System.

(2) The Defense Sexual Assault Incident Database.

(b) Duration of Reporting Requirement.--The reporting requirement imposed by subsection (a) shall continue until the date on which the Secretary of Defense certifies, in a report submitted under such subsection, that--

(1) the Defense Incident-Based Reporting System and the Defense Sexual Assault Incident Database are fully functional and operational throughout the Department of Defense; and

(2) each of the military departments is using the Defense Incident-Based Reporting System or providing data for inclusion in the Defense Sexual Assault Incident Database.

(c) Repeal of Superseded Reporting Requirement.--Section 598 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2345; 10 U.S.C. 113 note) is repealed.

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

Not later than October 31, 2012, and April 30, 2013, the Secretary of Defense (or the designee of the Secretary of Defense) shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing that outlines efforts by the Department of Defense to implement--

(1) subtitle H of title V of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1430) and the amendments made by that subtitle;

(2) the additional initiatives announced by the Secretary of Defense on April 17, 2012, to address sexual assault involving members of the Armed Forces; and

(3) any other initiatives, policies, or programs being undertaken by the Secretary of Defense and the Secretaries of the military departments to address sexual assault involving members of the Armed Forces.

SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.

(a) Additional Content of Surveys.--Subsection (c) of section 481 of title 10, United States Code, is amended--

(1) by striking "harassment and discrimination" and inserting "harassment, assault, and discrimination";

(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); respectively;

(3) by inserting after paragraph (1) the following new paragraph (2):

"(2) The specific types of assault that have occurred, and the number of times each respondent has been assaulted during the preceding year.";

(4) in paragraph (4), as so redesignated, by striking "discrimination" and inserting "discrimination, harassment, and assault"; and

(5) by adding at the end the following new paragraph

"(5) Any other issues relating to discrimination, harassment, or assault as the Secretary of Defense considers appropriate.".

(b) Time for Conducting of Surveys.--Such section is further amended--

(1) in subsection (a)(1), by striking "four quadrennial surveys (each in a separate year)" and inserting "four surveys"; and

(2) by striking subsection (d) and inserting the following new subsection:

"(d) When Surveys Required.--

(1) One of the two Armed Forces Workplace and Gender Relations Surveys shall be conducted in 2014 and then every second year thereafter and the other Armed Forces Workplace and Gender Relations Survey shall be conducted in 2015 and then every second year thereafter, so that one of the two surveys is being conducted each year.

"(2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The two surveys may not be conducted in the same year.".

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

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

(b) Definitions.--In this section:

(1) Covered unit.--The term "covered unit" means any organizational element of the Armed Forces (other than the Coast Guard) with more than 50 members assigned, including any such element of a reserve component.

(2) Organizational climate assessment.--The term "organizational climate assessment" means an assessment intended to obtain information about the positive and negative factors that may have an impact on unit effectiveness and readiness by measuring matters relating to human relations climate such as prevention and response to sexual assault and equal opportunity.

SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZATIONAL CLIMATE ASSESSMENTS.

(a) Elements of Assessments.--An organizational climate assessment shall include avenues for members of the Armed Forces to express their views on how their leaders, including commanders, are responding to allegations of sexual assault and complaints of sexual harassment. The Secretary of Defense shall require the Office of Diversity Management and Equal Opportunity and the Sexual Assault Prevention and Response Office to ensure equal opportunity advisors and officers of the Sexual Assault Prevention and Response Office are available to conduct these assessments.

(b) Ensuring Compliance.--

(1) In general.--The Secretary of Defense shall direct the Secretaries of the military departments to verify and track the compliance of commanding officers in conducting organizational climate assessments.

(2) Implementation.--No later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing--

(A) a description of the progress of the development of the system that will verify and track the compliance of commanding officers in conducting organizational climate assessments; and

(B) an estimate of when the system will be completed and implemented.

(c) Consultation.--In developing the sexual harassment and sexual assault portion of an organizational climate assessment, the Secretary of Defense shall consult with representatives of the following:

(1) The Sexual Assault Prevention and Response Office.

(2) The Office of Diversity Management.

(3) Appropriate non-Governmental organizations that have expertise in areas related to sexual harassment and sexual assault in the Armed Forces.

(d) Relation to Other Reporting Requirements.--The reporting requirements of this section are in addition to, and an expansion of, the Armed Forces Workplace and Gender Relations Surveys required by section 481 of title 10, United States Code.

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

(a) Review Required.--The Secretary of Defense shall conduct a review of all unrestricted reports of sexual assault made by members of the Armed Forces since October 1, 2000, to determine the number of members who were subsequently separated from the Armed Forces and the circumstances of and grounds for such separation.

(b) Elements of Review.--The review shall determine at a minimum the following:

(1) For each member who made an unrestricted report of sexual assault and was subsequently separated, the reason provided for the separation and whether the member requested an appeal.

(2) For each member separated on the grounds of having a personality disorder, whether the separation was carried out in compliance with Department of Defense Instruction 1332.14.

(3) For each member who requested an appeal, the basis and results of the appeal.

(c) Submission of Results.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the review.

SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR RECALL TO ACTIVE DUTY OF RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT WHILE ON ACTIVE DUTY.

(a) In General.--Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 12323. Active duty for response to sexual assault

"(a) Continuation on Active Duty.--In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination of whether the member was assaulted while in the line of duty, the Secretary concerned may, upon the request of the member, order the member to be retained on active duty until the line of duty determination, but not to exceed 180 days beyond the original expiration of active duty date. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

"(b) Return to Active Duty.--In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the determination whether the member was in the line of duty is not completed, the Secretary concerned may, upon the request of the member, order the member to active duty for such time as necessary to complete the line of duty determination, but not to exceed 180 days.

"(c) Regulations.--The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that--

"(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and

"(2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended adding at the end the following new item:

"12323. Active duty for response to sexual assault.".

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

(a) Inclusion.--If a complaint of sexual harassment is made against a member of the Army, Navy, Air Force, or Marine Corps and the complaint is substantiated, a notation to that effect shall be placed in the service record of the member, regardless of the member's rank, for the purpose of--

(1) reducing the likelihood that a member who has committed sexual harassment can commit the same offense multiple times without suffering the appropriate consequences; and

(2) alerting commanders of the background of the members of their command, so the commanders have better awareness of its members, especially as members are transferred.

(b) Definition of Substantiated.--For purposes of implementing this section, the Secretary of Defense shall use the definition of substantiated developed for the annual report on sexual assaults involving members of the Armed Forces prepared under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note).

SEC. 584. SENSE OF CONGRESS ON MILITARY SEXUAL TRAUMA.

(a) Findings.--Congress finds the following:

(1) The Department of Defense conducted a survey of members of the Armed Forces serving on active duty that revealed that only 13.5 percent of such members reported incidents of sexual assault, which means that more than 19,000 incidents of sexual assault of members of the Armed Forces actually occurred in 2010 alone.

(2) Despite attempts, the Department of Defense has failed to address the chronic under reporting of incidents of sexual assault and harassment, as by the Department's own estimates, 86 percent of sexual assaults went unreported in 2010.

(3) Sexual assault in the military is an ongoing problem leading many victims to seek help after separation from the Armed Forces from the Department of Veterans Affairs.

(4) About 1 in 5 women and 1 in 100 men seen in Veterans Health Administration respond "Yes" when screened for military sexual trauma.

(5) Among users of healthcare provided by the Department of Veterans Affairs, medical record data indicates that diagnoses of post-traumatic stress disorder and other anxiety disorders, depression and other mood disorders, and substance use disorders are most frequently associated with military sexual trauma.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the Secretary of Veterans Affairs should expand efforts to raise awareness about military sexual trauma and the treatment and services that the Department provides to victims; and (2) in light of the fact that the available data shows an overwhelming number of military sexual trauma claims go unreported within the Department of Defense, making it very difficult for veterans to show proof of the assault when filing claims with the Department of Veterans Affairs for post- traumatic stress disorder and other mental health conditions caused by military sexual trauma, the Secretary of Veterans Affairs should review the disability process to ensure that victims of military sexual trauma who file claims for service connection do not face unnecessary or overly burdensome requirements in order to claim disability benefits with the Department.

SEC. 585. CORRECTION OF MILITARY RECORDS OF MEMBERS OF THE ARMED FORCES WHO EXPERIENCE RETALIATORY PERSONNEL ACTIONS FOR MAKING A REPORT OF SEXUAL ASSAULT OR SEXUAL HARASSMENT.

The Secretary of Defense shall conduct a general education campaign to notify members of the Armed Forces regarding the authorities available under chapter 79 of title 10, United States Code, for the correction of military records when a member experiences any retaliatory personnel action for making a report of sexual assault or sexual harassment.

SEC. 586. DEPARTMENT OF DEFENSE SEXUAL ASSAULT AND HARASSMENT OVERSIGHT AND ADVISORY COUNCIL.

(a) In General.--Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 188. Sexual Assault and Harassment Oversight and Advisory Council

"(a) Establishment.--There is a Sexual Assault and Harassment Oversight and Advisory Council (in this section referred to as the 'Council').

"(b) Membership.--

(1) The Council shall be comprised of individuals appointed by the Secretary of Defense who are experts and professionals in the fields of sexual assault and harassment, judicial proceedings involving sexual assault or harassment, or treatment for sexual assault or harassment. At a minimum, the Council shall include as members the following:

"(A) The Director of the Sexual Assault Prevention and Response Office of the Department of Defense.

"(B) The Judge Advocates General of the Army, Navy, and Air Force.

"(C) A judge advocate from the Army, Navy, Air Force, and Marine Corps with experience in prosecuting sexual assault cases.

"(D) A Department of Justice representative with experience in prosecuting sexual assault cases.

"(E) An individual who has extensive experience in providing assistance to sexual assault victims.

"(F) An individual who has expertise the civilian judicial system with respect to sexual assault.

"(2) Subject to paragraph (3), members shall be appointed for a term of two years. A member may serve after the end of the member's term until the member's successor takes office.

"(3) If a vacancy occurs in the Council, the vacancy shall be filled in the same manner as the original appointment. A member of the Council appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term.

"(c) Chairman; Meetings.--

(1) The Council shall elect a chair from among its members.

"(2) The Council shall meet not less often than once every year.

"(3) If a member of the Board fails to attend two successive Board meetings, except in a case in which an absence is approved in advance, for good cause, by the Board chairman, such failure shall be grounds for termination from membership on the Board. A person designated for membership on the Board shall be provided notice of the provisions of this paragraph at the time of such designation.

"(d) Administrative Provisions.--

(1) Each member of the Council 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 Executive Schedule Level IV under section 5315 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. Members of the Council 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.

"(2) The members of the Council 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, while away from their homes or regular places of business in the performance of services for the Council.

"(e) Responsibilities.--The Council shall be responsible for providing oversight and advice to the Secretary of Defense and the Secretaries of the military departments on the activities and implementation of policies and programs developed by the Sexual Assault Prevention and Response Office, including any modifications to the Uniform Code of Military Justice, in response to sexual assault and harassment.

"(f) Annual Report.--Not later than March 31 of each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report that describes the activities of the Council during the preceding year and contains such recommendations as the Council considers appropriate to improve sexual assault prevention and treatment programs and policies of the Department of Defense.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"188. Sexual Assault and Harassment Oversight and Advisory Council.".

Subtitle I--Other Matters

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

Section 2031(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(3) If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers' Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers' Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.".

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

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

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

(a) Findings.--Congress makes the following findings:

(1) The bugle call commonly known as "Taps" is known throughout the United States.

(2) In July 1862, following the Seven Days Battles, Union General Daniel Butterfield and bugler Oliver Willcox Norton created "Taps" at Berkley Plantation, Virginia, as a way to signal the end of daily military activities.

(3) "Taps" is now established by the uniformed services as the last call of the day and is sounded at the completion of a military funeral.

(4) "Taps" has become the signature, solemn musical farewell for members of the uniformed services and veterans who have faithfully served the United States during times of war and peace.

(5) Over its 150 years of use, "Taps" has been woven into the historical fabric of the United States.

(6) When sounded, "Taps" summons emotions of loss, pride, honor, and respect and encourages Americans to remember patriots who served the United States with honor and valor.

(7) The 150th anniversary of the writing of "Taps" will be observed with events culminating in June 2012 with a rededication of the Taps Monument at Berkley Plantation, Virginia.

(b) Sense of Congress.--It is the sense of Congress that the bugle call commonly known as "Taps" should be designated as the National Song of Remembrance.

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

(a) Conduct During Sounding of "Taps".

--Chapter 3 of title 36, United States Code, is amended by adding at the end the following new section:

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

"(a) Definition.--In this section, the term 'Taps' refers to the bugle call consisting of 24 notes normally sounded on a bugle or trumpet without accompaniment or embellishment as the last call of the day on a military base, at the completion of a military funeral, or on other occasions as the solemn musical farewell to members of the uniform services and veterans.

"(b) Conduct During Sounding.--

"(1) In general.--During a performance of Taps--

"(A) all present, except persons in uniform, should stand at attention with the right hand over the heart;

"(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and

"(C) persons in uniform should stand at attention and give the military salute at the first note of Taps and maintain that position until the last note.

"(2) Exception.--Paragraph (1) shall not apply when Taps is sounded as the final bugle call of the day at a military base.

"(c) Definition of Military Base.--In this section, the term 'military base' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam.".

(b) Conforming and Clerical Amendments.--

(1) Chapter heading.--The heading of chapter 3 of title 36, United States Code, is amended to read as follows:

"CHAPTER 3--NATIONAL ANTHEM, MOTTO, AND OTHER NATIONAL DESIGNATIONS".

(2) Table of chapters.--The item relating to chapter 3 in the table of chapters for such title is amended to read as follows:

"3. National Anthem, Motto, and Other National Designations 301".

(3) Table of sections.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"306. Conduct during sounding of 'Taps'.".

SEC. 594. INSPECTION OF MILITARY CEMETERIES UNDER THE JURISDICTION OF DEPARTMENT OF DEFENSE.

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

Section 1(d) of Public Law 111-339; 124 Stat. 3592) is amended--

(1) in paragraph (1), by striking "The Secretary" in the first sentence and inserting "Subject to paragraph (2), the Secretary"; and

(2) in paragraph (2), by adding at the end the following new sentence: "However, in the case of the report required to be submitted during 2013, the assessment described in paragraph (1) shall be conducted, and the report shall be prepared and submitted, by the Inspector General of the Department of Defense instead of the Secretary of the Army.".

(b) Time for Submission of Report and Plan of Action Regarding Inspection of Cemeteries at Military Installations.--Section 592(d)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1443) is amended--

(1) by striking "December 31, 2012" and inserting "June 29, 2013"; and

(2) by striking "April 1, 2013" and inserting "October 1, 2013".

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

(a) Program Authority.--The Secretary of Defense may conduct one or more pilot programs to provide transitional assistance for members of the Armed Forces leaving active duty that focuses on assisting the members to transition into the fields of science, technology, engineering, and mathematics to address the shortage of expertise within the Department of Defense in those fields.

(b) Cooperation With Educational Institutions.--The Secretary of Defense may enter into an agreement with an institution of higher education to provide for the management and execution of a pilot program under this section. The institution of higher education must agree to allow the translation of military experience and training into course credit and provide for the transfer of previously received credit through local community colleges and other accredited institutions of higher education.

(c) Duration.--Any pilot program established under the authority of this section may not operate for more than three academic years.

(d) Reporting Requirement.--At the conclusion of a pilot program under this section, the Secretary of Defense shall submit to the congressional defense committee a report on the results of the pilot program, including the cost incurred to conduct the program, the number of participants of the program, and the outcomes for the participants of the program.

SEC. 596. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE REMAINS OF CERTAIN MEMBERS OF THE ARMED FORCES KILLED IN THURSTON ISLAND, ANTARCTICA.

(a) Findings.--Congress makes the following findings:

(1) Commencing August 26, 1946, though late February 1947 the United States Navy Antarctic Developments Program Task Force 68, codenamed "Operation Highjump" initiated and undertook the largest ever-to-this-date exploration of the Antarctic continent.

(2) The primary mission of the Task Force 68 organized by Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear Admiral Richard H. Cruzen, USN, was to do the following:

(A) Establish the Antarctic research base Little America IV.

(B) In the defense of the United States of America from possible hostile aggression from abroad - to train personnel test equipment, develop techniques for establishing, maintaining and utilizing air bases on ice, with applicability comparable to interior Greenland, where conditions are similar to those of the Antarctic.

(C) Map and photograph a full two-thirds of the Antarctic Continent during the classified, hazardous duty/volunteer-only operation involving 4700 sailors, 23 aircraft and 13 ships including the first submarine the U.S.S. Sennet, and the aircraft carrier the U.S.S. Philippine Sea, brought to the edge of the ice pack to launch (6) Navy ski-equipped, rocket-assisted R4Ds.

(D) Consolidate and extend United States sovereignty over the largest practicable area of the Antarctic continent.

(E) Determine the feasibility of establishing, maintaining and utilizing bases in the Antarctic and investigating possible base sites.

(3) While on a hazardous duty/all volunteer mission vital to the interests of National Security and while over the eastern Antarctica coastline known as the Phantom Coast, the PBM-5 Martin Mariner "Flying Boat" "George 1" entered a whiteout over Thurston Island. As the pilot attempted to climb, the aircraft grazed the glacier's ridgeline and exploded within 5 seconds instantly killing Ensign Maxwell Lopez, Navigator and Wendell "Bud" Hendersin, Aviation Machinists Mate 1st Class while Frederick Williams, Aviation Radioman 1st Class died several hours later. Six other crewmen survived including the Captain of the "George 1's" seaplane tender U.S.S. Pine Island.

(4) The bodies of the dead were protected from the desecration of Antarctic scavenging birds (Skuas) by the surviving crew wrapping the bodies and temporarily burying the men under the starboard wing engine nacelle.

(5) Rescue requirements of the "George-1" survivors forced the abandonment of their crewmates' bodies.

(6) Conditions prior to the departure of Task Force 68 precluded a return to the area to the recover the bodies.

(7) For nearly 60 years Navy promised the families that they would recover the men: "If the safety, logistical, and operational prerequisites allow a mission in the future, every effort will be made to bring our sailors home.".

(8) The Joint POW/MIA Accounting Command twice offered to recover the bodies of this crew for Navy.

(9) A 2004 NASA ground penetrating radar overflight commissioned by Navy relocated the crash site three miles from its crash position.

(10) The Joint POW/MIA Accounting Command offered to underwrite the cost of an aerial ground penetrating radar (GPR) survey of the crash site area by NASA.

(11) The Joint POW/MIA Accounting Command studied the recovery with the recognized recovery authorities and national scientists and determined that the recovery is only "medium risk".

(12) National Science Foundation and scientists from the University of Texas, Austin, regularly visit the island.

(13) The crash site is classified as a "perishable site", meaning a glacier that will calve into the Bellingshausen Sea.

(14) The National Science Foundation maintains a presence in area - of the Pine Island Glacier.

(15) The National Science Foundation Director of Polar Operations will assist and provide assets for the recovery upon the request of Congress.

(16) The United States Coast Guard is presently pursuing the recovery of 3 WWII air crewmen from similar circumstances in Greenland.

(17) On Memorial Day, May 25, 2009, President Barack Obama declared: "* * * the support of our veterans is a sacred trust * * * we need to serve them as they have served us * * * that means bringing home all our POWs and MIAs * * *".

(18) The policies and laws of the United States of America require that our armed service personnel be repatriated.

(19) The fullest possible accounting of United States fallen military personnel means repatriating living American POWs and MIAs, accounting for, identifying, and recovering the remains of military personnel who were killed in the line of duty, or providing convincing evidence as to why such a repatriation, accounting, identification, or recovery is not possible.

(20) It is the responsibility of the Federal Government to return to the United States for proper burial and respect all members of the Armed Forces killed in the line of duty who lie in lost graves.

(b) Sense of Congress.--In light of the findings under subsection (a), Congress--

(1) reaffirms its support for the recovery and return to the United States, the remains and bodies of all members of the Armed Forces killed in the line of duty, and for the efforts by the Joint POW-MIA Accounting Command to recover the remains of members of the Armed Forces from all wars, conflicts and missions;

(2) recognizes the courage and sacrifice of all members of the Armed Forces who participated in Operation Highjump and all missions vital to the national security of the United States of America;

(3) acknowledges the dedicated research and efforts by the US Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation and all persons and organizations to identify, locate, and advocate for, from their temporary Antarctic grave, the recovery of the well-preserved frozen bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist's Mate 1ST Class, Wendell Hendersin, Aviation Radioman 1ST Class of the "George 1" explosion and crash; and

(4) encourages the Department of Defense to review the facts, research and to pursue new efforts to undertake all feasible efforts to recover, identify, and return the well- preserved frozen bodies of the "George 1" crew from Antarctica's Thurston Island.

SEC. 597. REPORT ON EFFECTS OF MULTIPLE DEPLOYMENTS.

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of multiple deployments on the well-being of military personnel and any recommended changes to health evaluations prior to redeployments.

SEC. 598. ESTABLISHMENT OF CHAIN OF COMMAND FOR ARMY NATIONAL MILITARY CEMETERIES.

(a) Military Chain of Command Required.--The Secretary of the Army shall establish a chain of command for the Army National Military Cemeteries, to include a military commander of the Army National Military Cemeteries to replace the current civilian director upon the termination of the tenure of the director.

(b) Conforming Amendment.--Section 4724(a)(1) of title 10, United States Code, is amended by striking "who shall meet" and inserting "who is a commissioned officer and meets".

SEC. 599. MILITARY SALUTE DURING RECITATION OF PLEDGE OF ALLEGIANCE BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.

Section 4 of title 4, United States Code, is amended by adding at the end the following new sentence: "Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform.".

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2013 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) Increase in Basic Pay.--Effective on January 1, 2013, the rates of monthly basic pay for members of the uniformed services are increased by 1.7 percent.

SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE MEMBER IS ON SEA DUTY.

(a) In General.--Subparagraph (C) of section 403(f)(2) of title 37, United States Code, is amended to read as follows:

"(C) Notwithstanding section 421 of this title, a member of a uniformed service in a pay grade below pay grade E-6 who is assigned to sea duty and is married to another member of a uniformed service is entitled to a basic allowance for housing subject to the limitations of subsection (e).".

(b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2013.

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

Section 403(g) of title 37, United States Code, is amended by adding at the end the following new paragraph:

"(6)(A) The rate of basic allowance for housing to be paid to a member of the Army National Guard of the United States or the Air National Guard of the United States shall not be reduced upon the transition of the member from active duty to full-time National Guard duty, or from full-time National Guard duty to active duty, when the transition occurs without a break in active service.

"(B) For the purposes of this paragraph, a break in active service occurs when one or more calendar days between active service periods do not qualify as active service.".

SEC. 604. MODIFICATION OF PROGRAM GUIDANCE RELATING TO THE AWARD OF POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE ADMINISTRATIVE ABSENCE DAYS TO MEMBERS OF THE RESERVE COMPONENTS UNDER DOD INSTRUCTION 1327.06.

Effective as of October 1, 2011, the changes made by the Secretary of Defense to the Program Guidance relating to the award of Post- Deployment/Mobilization Respite Absence administrative absence days to members of the reserve components under DOD Instruction 1327.06 shall not apply to a member of a reserve component whose qualified mobilization (as described in such program guidance) commenced before October 1, 2011, and continued on or after that date until the date the mobilization is terminated.

SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

(a) Payment of Benefit.--

(1) In general.--Subject to subsection (e), the Secretary concerned shall, upon application therefor, make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/ Mobilization Respite Absence program as described in that paragraph.

(2) Covered individuals.--An individual described in this paragraph is an individual who--

(A) was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but (B) as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of title 10, United States Code, did not participate in one or more days in the program for which the individual was so eligible due to Government error.

(b) Deceased Individuals.--

(1) Applications.--If an individual otherwise covered by subsection (a) is deceased, the application required by that subsection shall be made by the individual's legal representative.

(2) Payment.--If an individual to whom payment would be made under subsection (a) is deceased at time of payment, payment shall be made in the manner specified in section 1552(c)(2) of title 10, United States Code.

(c) Payment in Lieu of Administrative Absence.--Payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day.

(d) Construction.--

(1) Construction with other pay.--Any payment with respect to an individual under subsection (a) is in addition to any other pay provided by law.

(2) Construction of authority.--It is the sense of Congress that--

(A) the sole purpose of the authority in this section is to remedy administrative errors; and

(B) the authority in this section is not intended to establish any entitlement in connection with the Post-Deployment/Mobilization Respite Absence program.

(e) Payments Subject to Availability of Appropriations.--No cash payment may be made under subsection (a) unless the funds to be used to make the payments are available pursuant to an appropriations Act enacted after the date of enactment of this Act.

(f) Funding Offset.--The Secretary of Defense shall transfer $2,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury.

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

Subtitle B--Bonuses and Special and Incentive Pays

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

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

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7) Section 408a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Title 10 Authorities.--The following sections of title 10, United States Code, are amended by striking "December 31, 2012" and inserting "December 31, 2013":

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b) Title 37 Authorities.--The following sections of title 37, United States Code, are amended by striking "December 31, 2012" and inserting "December 31, 2013":

(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.

(2) Section 302d(a)(1), relating to accession bonus for registered nurses.

(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5) Section 302h(a)(1), relating to accession bonus for dental officers.

(6) Section 302j(a), relating to accession bonus for pharmacy officers.

(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.

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

(1) Section 312(f), relating to special pay for nuclear- qualified officers extending period of active service.

(2) Section 312b(c), relating to nuclear career accession bonus.

(3) Section 312c(d), relating to nuclear career annual incentive bonus.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

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

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

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

(1) Section 301b(a), relating to aviation officer retention bonus.

(2) Section 307a(g), relating to assignment incentive pay.

(3) Section 308(g), relating to reenlistment bonus for active members.

(4) Section 309(e), relating to enlistment bonus.

(5) Section 324(g), relating to accession bonus for new officers in critical skills.

(6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(7) Section 327(h), relating to incentive bonus for transfer between armed forces.

(8) Section 330(f), relating to accession bonus for officer candidates.

SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION BONUS FOR OFFICERS IN THE SELECTED RESERVE.

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

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

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

Subtitle C--Travel and Transportation Allowances Generally

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

(a) Authorized Travel and Transportation.--Subsection (a) of section 481k of title 37, United States Code, is amended--

(1) by inserting "(1)" before "Under uniform regulations"; and

(2) by adding at the end the following new paragraph:

"(2) Travel and transportation described in subsection (d) also may be provided for a qualified non-medical attendant for a member of the uniformed services who is receiving care in a residential treatment program if the attending physician or other mental health professional and the commander or head of the military medical facility exercising control over the member determine that the presence and participation of such an attendant is essential to the treatment of the member.".

(b) Conforming Amendments.--Such section is further amended--

(1) in subsection (b)--

(A) by striking "covered member" in the matter preceding paragraph (1) and inserting "member"; and

(B) in paragraph (2), by striking "surgeon and the commander or head of the military medical facility" and inserting "surgeon (or mental health professional in the case of a member described in subsection (a)(2)) and the commander or head of the military medical facility exercising control over the member"; and

(2) in subsection (c), by striking "this section" in the matter preceding paragraph (1) and inserting "subsection (a)(1)".

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

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

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

(1) in subsection (a), by striking "2012" and inserting "2018"; and

(2) in subsection (b), by striking "2012" and inserting "2018".

(b) Correction of Reference to Administering Secretary.--Such section is further amended--

(1) in subsection (a), by striking "The Secretary of Transportation" and inserting "The Secretary concerned"; and

(2) in subsection (b), by striking "The Secretary of Homeland Security" and inserting "The Secretary concerned".

SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.

(a) Resumption of Authority to Authorize Transitional Use.--

Subsection (a) of section 1147 of title 10, United States Code, is amended--

(1) in paragraph (1), by striking "October 1, 1990, and ending on December 31, 2001" and inserting "October 1, 2012, and ending on December 31, 2018"; and

(2) in paragraph (2), by striking "October 1, 1994, and ending on December 31, 2001" and inserting "October 1, 2012, and ending on December 31, 2018".

(b) Prohibition on Provision of Transitional Basic Allowance for Housing.--Such section is further amended by adding at the end the following new subsection:

"(c) No Transitional Basic Allowance for Housing.--Nothing in this section shall be construed to authorize the Secretary concerned to continue to provide for any period of time to an individual who is involuntary separated all or any portion of a basic allowance for housing to which the individual was entitled under section 403 of title 37 immediately before being involuntarily separated, even in cases in which the individual or members of the individual's household continue to reside after the separation in a housing unit acquired or constructed under the alternative authority of subchapter IV of chapter 169 of this title that is not owned or leased by the United States.".

(c) Correction of Reference to Administering Secretary.--Subsection (a)(2) of such section is further amended by striking "The Secretary of Transportation" and inserting "The Secretary concerned".

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

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

Subparagraph (A) of section 2485(f) of title 10, United States Code, is amended to read as follows:

"(A) A food bank, food pantry, or soup kitchen (as those terms are defined in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501)).".

SEC. 642. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING REQUIREMENTS APPLICABLE TO COMMISSARY AND EXCHANGE STORES OVERSEAS.

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

(b) Conforming Amendments.--Such section is further amended--

(1) by striking "General Authority.--

(1)" and inserting "Authority to Establish Restrictions.--";

(2) by striking "(2)" and inserting "(b) Limitations on Use of Authority.--"; and

(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.

SEC. 643. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN AND MEDITATION PAVILION AT DOVER AIR FORCE BASE, DELAWARE, AS A FISHER HOUSE.

(a) Fisher Houses and Authorized Fisher House Residents.--

Subsection (a) of section 2493 of title 10, United States Code, is amended--

(1) in paragraph (1)(B), by striking "by patients" and all that follows through "such patients;" and inserting "by authorized Fisher House residents;";

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following new paragraph:

"(2) The term 'Fisher House' includes the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, so long as such facility is available for residential use on a temporary basis by authorized Fisher House residents."; and

(4) by adding at the end the following new paragraph:

"(4) The term 'authorized Fisher House residents' means the following:

"(A) With respect to a Fisher House described in paragraph (1) that is located in proximity to a health care facility of the Army, the Air Force, or the Navy, the following persons:

"(i) Patients of that health care facility.

"(ii) Members of the families of such patients.

"(iii) Other persons providing the equivalent of familial support for such patients.

"(B) With respect to the Fisher House described in paragraph (2), the following persons:

"(i) The primary next of kin of a member of the armed forces who dies while located or serving overseas.

"(ii) Other family members of the deceased member who are eligible for transportation under section 411f(e) of title 37.

"(iii) An escort of a family member described in clause (i) or (ii).".

(b) Conforming Amendments.--Subsections (b), (e), (f), and (g) of such section are amended by striking "health care" each place it appears.

(c) Repeal of Fiscal Year 2012 Freestanding Designation.--Section 643 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1466) is repealed.

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

(a) Improved Purchasing Efforts.--Section 2481(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(3)(A) The governing body established pursuant to paragraph (2) shall endeavor to increase the purchase for resale at commissary stores and exchange stores of sustainable products, local food products, and recyclable materials.

"(B) As part of its efforts under subparagraph (A), the governing body shall develop--

"(i) guidelines for the identification of fresh meat, poultry, seafood, and fish, fresh produce, and other products raised or produced through sustainable methods; and

"(ii) goals, applicable to all commissary stores and exchange stores world-wide, to maximize, to the maximum extent practical, the purchase of sustainable products, local food products, and recyclable materials by September 30, 2017.".

(b) Deadline for Establishment and Guidelines.--The initial guidelines required by paragraph (3)(B)(i) of section 2481(c) of title 10, United States Code, as added by subsection (a), shall be issued not later than two years after the date of the enactment of this Act.

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

SEC. 651. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR BENEFIT PLAN PREMIUMS WHEN PARTICIPANT WAIVES RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY UNDER FEDERAL EMPLOYEES RETIREMENT SYSTEM AND TERMINATING PAYMENT OF THE SURVIVOR BENEFIT PLAN ANNUITY.

(a) Deposits Not Required.--Section 1452(e) of title 10, United States Code, is amended--

(1) in the subsection heading, by inserting "and FERS" after "CSRS";

(2) by inserting "or chapter 84 of such title," after "chapter 83 of title 5";

(3) by inserting "or 8416(a)" after "8339(j)"; and

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

(b) Conforming Amendments.--Section 1450(d) of such title is amended--

(1) by inserting "or chapter 84 of such title" after "chapter 83 of title 5";

(2) by inserting "or 8416(a)" after "8339(j)"; and

(3) by inserting "or 8442(a)" after "8341(b)".

(c) Application of Amendments.--The amendments made by this section shall apply with respect to any participant electing a annuity for survivors under chapter 84 of title 5, United States Code, on or after the date of the enactment of this Act.

Subtitle G--Other Matters

SEC. 661. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES OF APPLYING LIMITATIONS ON TERMS OF CONSUMER CREDIT EXTENDED TO CERTAIN MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.

Paragraph (2) of section 987(i) of title 10, United States Code, is amended to read as follows:

"(2) Dependent.--The term 'dependent', with respect to a covered member, means a person described in subparagraph (A), (D), (E), or (I) of section 1072(2) of this title.".

SEC. 662. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH SERVICE REVIEW AGENCIES.

Section 1559(a) of title 10, United States Code, is amended by striking "December 31, 2013" and inserting "December 31, 2016".

SEC. 663. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD RESERVE CALLED TO ACTIVE DUTY UNDER TITLE 14, UNITED STATES CODE.

(a) Inclusion in Definition of Contingency Operation.--Section 101(a)(13)(B) of title 10, United States Code, is amended by inserting "section 712 of title 14," after "chapter 15 of this title,".

(b) Credit of Service Towards Reduction of Eligibility Age for Receipt of Retired Pay for Non-Regular Service.--Section 12731(f)(2)(B) of title 10, United States Code, is amended by adding at the end the following new clause:

"(iv) Service on active duty described in this subparagraph is also service on active duty pursuant to a call or order to active duty authorized by the Secretary of Homeland Security under section 712 of title 14 for purposes of emergency augmentation of the Regular Coast Guard forces.".

(c) Post 9/11 Educational Assistance.--Section 3301(1)(B) of title 38, United States Code, is amended by inserting "or section 712 of title 14" after "title 10".

(d) Retroactive Application of Amendments.--

(1) Inclusion of prior orders.--The amendments made by this section shall apply to any call or order to active duty authorized by the Secretary of Homeland Security under section 712 of title 14, United States Code, on or after April 19, 2010.

(2) Credit for prior service.--The amendments made by this section shall be deemed to have been enacted on April 19, 2010, for purposes of applying the amendments to the following provisions of law:

(A) Section 5538 of title 5, United States Code, relating to nonreduction in pay.

(B) Section 701 of title 10, United States Code, relating to the accumulation and retention of leave.

(C) Section 12731 of title 10, United States Code, relating to age and service requirements for receipt of retired pay for non-regular service.

SEC. 664. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING SPOUSES, AND CERTAIN VETERANS.

(a) Mortgage Protection.--

(1) In general.--Section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended to read as follows:

"SEC. 303. MORTGAGES AND TRUST DEEDS.

"(a) Mortgage as Security.--This section applies only to an obligation on real or personal property that is secured by a mortgage, trust deed, or other security in the nature of a mortgage and is owned by a covered individual as follows:

"(1) With respect to an obligation on real or personal property owned by a servicemember, such obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated.

"(2) With respect to an obligation on real property owned by a servicemember serving in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), such obligation that originated at any time and for which the servicemember is still obligated.

"(3) With respect to an obligation on real property owned by a veteran described in subsection (f)(1)(B), such obligation that originated at any time and for which the veteran is still obligated.

"(4) With respect to an obligation on real property owned by a surviving spouse described in subsection (f)(1)(C), such obligation that originated at any time and for which the spouse is still obligated.

"(b) Stay of Proceedings and Adjustment of Obligation.--

(1) In an action filed during a covered time period to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a covered individual when the individual's ability to comply with the obligation is materially affected by military service--

"(A) stay the proceedings for a period of time as justice and equity require, or

"(B) adjust the obligation to preserve the interests of all parties.

"(2) For purposes of applying paragraph (1) to a covered individual who is a surviving spouse of a servicemember described in subsection (f)(1)(C), the term 'military service' means the service of such servicemember.

"(c) Sale or Foreclosure.-- A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid during a covered time period except--

"(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or

"(2) if made pursuant to an agreement as provided in section 107.

"(d) Misdemeanor.--A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

"(e) Proof of Service.--

(1) A veteran described in subsection (f)(1)(B) shall provide documentation described in paragraph (2) to relevant persons to prove the eligibility of the veteran to be covered under this section.

"(2) Documentation described in this paragraph is a rating decision or a letter from the Department of Veterans Affairs that confirms that the veteran is totally disabled because of one or more service-connected injuries or service-connected disability conditions.

"(f) Definitions.--In this section:

"(1) The term 'covered individual' means the following individuals:

"(A) A servicemember.

"(B) A veteran who was retired under chapter 61 of title 10, United States Code, and whom the Secretary of Veterans Affairs, at the time of such retirement, determines is a totally disabled veteran.

"(C) A surviving spouse of a servicemember who--

"(i) died while serving in support of a contingency operation if such spouse is the successor in interest to property covered under subsection (a); or

"(ii) died while in military service and whose death is service-connected if such spouse is the successor in interest to property covered under subsection (a).

"(2) The term 'covered time period' means the following time periods:

"(A) With respect to a servicemember, during the period beginning on the date on which such servicemember begins military service and ending on the date that is 12 months after the date on which such servicemember is discharged from such service.

"(B) With respect to a servicemember serving in support of a contingency operation, during the period beginning on the date of the military orders for such service and ending on the date that is 12 months after the date on which such servicemember redeploys from such contingency operation.

"(C) With respect to a veteran described in subsection (f)(1)(B), during the 12-month period beginning on the date of the retirement of such veteran described in such subsection.

"(D) With respect to a surviving spouse of a servicemember described in subsection (f)(1)(C), during the 12-month period beginning on the date of the death of the servicemember.".

(2) Conforming amendment.--Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following:

"(e) Other Individuals.--For purposes of this section, the term 'servicemember' includes any covered individual under section 303(f)(1).".

(3) Repeal of sunset.--Subsection (c) of section 2203 of the Housing and Economic Recovery Act of 2008 (Public Law 110- 289; 50 U.S.C. App. 533 note) is amended to read as follows:

"(c) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.".

(b) Increased Civil Penalties for Mortgage Violations.--Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read as follows:

"(3) to vindicate the public interest, assess a civil penalty--

"(A) with respect to a violation of section 303 regarding real property--

"(i) in an amount not exceeding $110,000 for a first violation; and

"(ii) in an amount not exceeding $220,000 for any subsequent violation; and

"(B) with respect to any other violation of this Act--

"(i) in an amount not exceeding $55,000 for a first violation; and

"(ii) in an amount not exceeding $110,000 for any subsequent violation.".

(c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App. 518) is amended--

(1) by striking "Application by" and inserting "(a) Application by"; and

(2) by adding at the end the following new subsection:

"(b) In addition to the protections under subsection (a), an individual who is eligible, or who may likely become eligible, for any provision of this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such eligibility.".

(d) Requirements for Lending Institutions That Are Creditors for Obligations and Liabilities Covered by the Servicemembers Civil Relief Act.--Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended--

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

"(d) Lending Institution Requirements.--

"(1) Compliance officers.--Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.

"(2) Toll-free telephone number.--During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet Web site of the institution.".

SEC. 665. STUDY ON ISSUING IDENTIFICATION CARDS TO CERTAIN MEMBERS UPON DISCHARGE.

(a) Study.--The Secretary of Defense shall conduct a study assessing the feasibility of issuing to a covered member an identification card that would--

(1) provide such member with a convenient method of summarizing the DD-214 form or other official document from the official military personnel file of the member; and

(2) not serve as proof of any benefits to which the member may be entitled to.

(b) Matters Included.--The study conducted under subsection (a) shall address the following:

(1) The information to be included on the identification card.

(2) Whether the Secretary should issue such card--

(A) to each covered member; or (B) to a covered member upon request.

(3) If the card were to be issued to each covered member, the estimated cost of such issuance.

(4) If the card were to be issued upon the request of a covered member, whether the Secretary should charge such member a fee for such card, including the amount of such fee.

(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 conducted under subsection (a).

(d) Covered Member.--In this section, the term "covered member" means a member of the Armed Forces who--

(1) is expected to be discharged--

(A) after the completion of the service obligation of the member; and

(B) under conditions other than dishonorable;

(2) is expected to be issued a DD Form 214 Certificate of Release or Discharge from Active Duty; and

(3) after such discharge, would not otherwise be issued an identification card by the Department of Defense or the Department of Veterans Affairs.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

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

It is the sense of Congress that--

(1) career members of the uniformed services and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of a 20- to 30-year career in protecting freedom for all Americans; and

(2) those decades of sacrifice constitute a significant pre-paid premium for health care during a career member's retirement that is over and above what the member pays with money.

SEC. 702. EXTENSION OF TRICARE STANDARD COVERAGE AND TRICARE DENTAL PROGRAM FOR MEMBERS OF THE SELECTED RESERVE WHO ARE INVOLUNTARILY SEPARATED.

(a) TRICARE Standard Coverage.--Section 1076d(b) of title 10, United States Code, is amended--

(1) by striking "Eligibility" and inserting "(1) Except as provided in paragraph (2), eligibility"; and

(2) by adding at the end the following new paragraph:

"(2) During the period beginning on the earlier of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 or October 1, 2012, and ending December 31, 2018, eligibility for a member under this section who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall terminate 180 days after the date on which the member is separated.".

(b) TRICARE Dental Coverage.--Section 1076a(a)(1) of such title is amended by adding at the end the following new sentence: "During the period beginning on the earlier of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 or October 1, 2012, and ending December 31, 2018, such plan shall provide that coverage for a member of the Selected Reserve who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall not terminate earlier than 180 days after the date on which the member is separated.".

SEC. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR CERTAIN MEMBERS OF THE NATIONAL GUARD.

(a) Standards.--The Secretary of Defense shall ensure that each individual who receives medical or dental care under a covered contract meets the standards of medical and dental readiness of the Secretary upon the mobilization of the individual.

(b) Covered Contract Defined.--In this section, the term "covered contract" means a contract entered into by the National Guard of a State to provide medical or dental care to the members of such National Guard to ensure that the members meet applicable standards of medical and dental readiness.

SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER TRICARE.

(a) In General.--Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:

"(g)(1) In providing health care under subsection (a) to a covered beneficiary described in paragraph (3)(A), the treatment of autism spectrum disorders shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician.

"(2) In carrying out this subsection, the Secretary shall ensure that--

"(A) except as provided by subparagraph (B), a person who is authorized to provide behavioral health treatment is licensed or certified by a State or accredited national certification board; and

"(B) if applied behavior analysis or other behavioral health treatment is provided by an employee or contractor of a person described in subparagraph (A), the employee or contractor shall meet minimum qualifications, training, and supervision requirements as set forth by the Secretary.

"(3)(A) A covered beneficiary described in this subparagraph is a covered beneficiary who is a beneficiary by virtue of--

"(i) service in the armed forces (not including the Coast Guard); or

"(ii) being a dependent of a member of the armed forces (not including the Coast Guard).

"(B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits otherwise provided under this chapter to a covered beneficiary who is a beneficiary by virtue of--

"(i) service in the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric Administration, or the Commissioned Corp of the Public Health Service; or

"(ii) being a dependent of a member of a service described in clause (i).

"(C) This subsection shall not apply to a medicare-eligible beneficiary (as defined in section 1111(b) of this title).

"(D) Except as provided in subparagraph (C), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a medicare-eligible beneficiary under--

"(i) this chapter;

"(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); or

"(iii) any other law.".

(b) Funding.--

(1) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Private Sector Care is hereby increased by $30,000,000.

(2) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Research, Development, Test and Evaluation, Army, as specified in the corresponding funding table in division D, is hereby reduced by $30,000,000, to be derived as follows:

(A) $21,000,000 from the Aerostat Joint Project Office.

(B) $9,000,000 from Endurance UAVs.

SEC. 705. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1074m of title 10, United States Code, is amended--

(1) in subsection (a)(1)--

(A) by redesignating subparagraph (B) and (C) as subparagraph (C) and (D), respectively; and

(B) by inserting after subparagraph (A) the following:

"(B) Once during each 180-day period during which a member is deployed."; and

(2) in subsection (c)(1)(A)--

(A) in clause (i), by striking "; and" and inserting a semicolon;

(B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following:

"(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and".

(b) Conforming Amendment.--Section 1074m(a)(2) of title 10, United States Code, is amended by striking "subparagraph (B) and (C)" and inserting "subparagraph (C) and (D)".

Subtitle B--Health Care Administration

SEC. 711. UNIFIED MEDICAL COMMAND.

(a) Unified Combatant Command.--

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

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

"(a) Establishment.--With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified command for medical operations (in this section referred to as the 'unified medical command'). The principal function of the command is to provide medical services to the armed forces and other health care beneficiaries of the Department of Defense as defined in chapter 55 of this title.

"(b) Assignment of Forces.--In establishing the unified medical command under subsection (a), all active military medical treatment facilities, training organizations, and research entities of the armed forces shall be assigned to such unified command, unless otherwise directed by the Secretary of Defense.

"(c) Grade of Commander.--The commander of the unified medical command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating his permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander of such command shall be a member of a health profession described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37. During the five-year period beginning on the date on which the Secretary establishes the command under subsection (a), the commander of such command shall be exempt from the requirements of section 164(a)(1) of this title.

"(d) Subordinate Commands.--

(1) The unified medical command shall have the following subordinate commands:

"(A) A command that includes all fixed military medical treatment facilities, including elements of the Department of Defense that are combined, operated jointly, or otherwise operated in such a manner that a medical facility of the Department of Defense is operating in or with a medical facility of another department or agency of the United States.

"(B) A command that includes all medical training, education, and research and development activities that have previously been unified or combined, including organizations that have been designated as a Department of Defense executive agent.

"(C) The Defense Health Agency established under subsection (f).

"(2) The commander of a subordinate command of the unified medical command shall hold the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral while serving in that position, without vacating his permanent grade. The commander of such a subordinate command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander of such a subordinate command shall also be required to be a surgeon general of one of the military departments.

"(e) Authority of Combatant Commander.--

(1) In addition to the authority prescribed in section 164(c) of this title, the commander of the unified medical command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to medical operations activities.

"(2) The commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to medical operations activities (whether or not relating to the unified medical command):

"(A) Developing programs and doctrine.

"(B) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for the forces described in subsection (b) and for other forces assigned to the unified medical command.

"(C) Exercising authority, direction, and control over the expenditure of funds--

"(i) for forces assigned to the unified medical command;

"(ii) for the forces described in subsection (b) assigned to unified combatant commands other than the unified medical command to the extent directed by the Secretary of Defense; and

"(iii) for military construction funds of the Defense Health Program.

"(D) Training assigned forces.

"(E) Conducting specialized courses of instruction for commissioned and noncommissioned officers.

"(F) Validating requirements.

"(G) Establishing priorities for requirements.

"(H) Ensuring the interoperability of equipment and forces.

"(I) Monitoring the promotions, assignments, retention, training, and professional military education of medical officers described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37.

"(3) The commander of such command shall be responsible for the Defense Health Program, including the Defense Health Program Account established under section 1100 of this title.

"(f) Defense Health Agency.--

(1) In establishing the unified medical command under subsection (a), the Secretary shall also establish under section 191 of this title a defense agency for health care (in this section referred to as the 'Defense Health Agency'), and shall transfer to such agency the organization of the Department of Defense referred to as the TRICARE Management Activity and all functions of the TRICARE Program (as defined in section 1072(7)).

"(2) The director of the Defense Health Agency shall hold the rank of lieutenant general or, in the case of an officer of the Navy, vice admiral while serving in that position, without vacating his permanent grade. The director of such agency shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The director of such agency shall be a member of a health profession described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37.

"(g) Regulations.--In establishing the unified medical command under subsection (a), the Secretary of Defense shall prescribe regulations for the activities of the unified medical command.".

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167a the following new item:

"167b. Unified combatant command for medical operations.".

(b) Plan, Notification, and Report.--

(1) Plan.--Not later than July 1, 2013, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan to establish the unified medical command authorized under section 167b of title 10, United States Code, as added by subsection (a), including any legislative actions the Secretary considers necessary to implement the plan.

(2) Notification.--The Secretary shall submit to the congressional defense committees written notification of the time line of the Secretary to establish the unified medical command under such section 167b by not later than the date that is 30 days before establishing such command.

(3) Report.--Not later than 180 days after submitting the notification under paragraph (2), the Secretary shall submit to the congressional defense committees a report on--

(A) the establishment of the unified medical command; and

(B) the establishment of the Defense Health Agency under subsection (f) of such section 167b.

SEC. 712. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE PRIME OF DEPENDENTS OF MEMBERS IN PAY GRADES ABOVE PAY GRADE E-4.

Subsection (a) of section 1097a of title 10, United States Code, is amended to read as follows:

"(a) Automatic Enrollment of Certain Dependents.--

(1) In the case of a dependent of a member of the uniformed services who is entitled to medical and dental care under section 1076(a)(2)(A) of this title and resides in an area in which TRICARE Prime is offered, the Secretary--

"(A) shall automatically enroll the dependent in TRICARE Prime if the member is in pay grade E-4 or below; and

"(B) may automatically enroll the dependent in TRICARE Prime if the member is in pay grade E-5 or higher.

"(2) Whenever a dependent of a member is enrolled in TRICARE Prime under paragraph (1), the Secretary concerned shall provide written notice of the enrollment to the member.

"(3) The enrollment of a dependent of the member may be terminated by the member or the dependent at any time.".

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

(a) Authority.--In addition to the authority of the Secretary of Defense under section 713 of the National Defense Authorization Act of 2010 (10 U.S.C. 1073 note), the Secretary of each military department may establish cooperative health care agreements between military installations and local or regional health care entities.

(b) Requirements.--In establishing an agreement under subsection (a), the Secretary concerned shall--

(1) consult with--

(A) representatives from the military installation selected for the agreement, including the TRICARE managed care support contractor with responsibility for such installation; and

(B) Federal, State, and local government officials;

(2) identify and analyze health care services available in the area in which the military installation is located, including such services available at a military medical treatment facility or in the private sector (or a combination thereof);

(3) determine the cost avoidance or savings resulting from innovative partnerships between the military department concerned and the private sector; and

(4) determine the opportunities for and barriers to coordinating and leveraging the use of existing health care resources, including such resources of Federal, State, local, and private entities.

(c) Rule of Construction.--Nothing in this section shall be construed as authorizing the provision of health care services at military medical treatment facilities or other facilities of the Department of Defense to individuals who are not otherwise entitled or eligible for such services under chapter 55 of title 10, United States Code.

(d) Secretary Concerned Defined.--In this section, the term "Secretary concerned" has the meaning given that term in section 101(a)(9) of title 10, United States Code.

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

(a) In General.--The Secretary of Defense, in coordination with the Assistant Secretary of Defense for Health Affairs and the Uniformed Services University of the Health Sciences, shall develop a process to ensure that health engagements conducted by the Department of Defense are effective and efficient in meeting the national security goals of the United States.

(b) Process Goals.--The Assistant Secretary of Defense for Health Affairs and the Uniformed Services University of the Health Sciences shall ensure that each process developed under subsection (a)--

(1) assesses the operational mission capabilities of the health engagement;

(2) uses the collective expertise of the Federal Government and non-governmental organizations to ensure collaboration and partnering activities; and

(3) assesses the stability and resiliency of the host nation of such engagement.

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

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

Section 1089(a) of title 10, United States Code, is amended in the last sentence--

(1) by striking "if the physician, dentist, nurse, pharmacist, or paramedical" and inserting "to such a physician, dentist, nurse, pharmacist, or paramedical";

(2) by striking "involved is"; and

(3) by inserting before the period at the end the following: "or a subcontract at any tier under such a contract".

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

(a) Pilot Program.--

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

(2) Processes described.--The processes described in this paragraph are revenue-cycle improvement processes, including cash-flow management and accounts-receivable processes.

(b) Requirements.--In carrying out the pilot program under subsection (a)(1), the Secretary shall--

(1) identify and analyze the best practice options with respect to the processes described in subsection (a)(2) that are used in nonmilitary health care facilities; and

(2) conduct a cost-benefit analysis to assess the pilot program, including an analysis of--

(A) the different processes used in the pilot program;

(B) the amount of third-party collections that resulted from such processes;

(C) the cost to implement and sustain such processes; and

(D) any other factors the Secretary determines appropriate to assess the pilot program.

(c) Locations.--The Secretary shall carry out the pilot program under subsection (a)(1) at not less than two military installations of different military departments that meet the following criteria:

(1) There is a military medical treatment facility that has inpatient and outpatient capabilities at the installation.

(2) At least 40 percent of the military beneficiary population residing in the catchment area surrounding the installation is potentially covered by a third-party payer (as defined in section 1095(h)(1) of title 10, United States Code).

(d) Duration.--The Secretary shall commence the pilot program under subsection (a)(1) by not later than 270 days after the date of the enactment of this Act and shall carry out such program for three years.

(e) Report.--Not later than 180 days after completing the pilot program under subsection (a)(1), the Secretary shall submit to the congressional defense committees a report describing the results of the program, including--

(1) a comparison of--

(A) the processes described in subsection (a)(2) that were used in the military medical treatment facilities participating in the program; and

(B) the third-party collection processes used by military medical treatment facilities not included in the program;

(2) a cost analysis of implementing the processes described in subsection (a)(2) for third-party collections at military medical treatment facilities; and

(3) an assessment of the program, including any recommendations to improve third-party collections.

SEC. 717. PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICATIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH THE TRICARE MAIL- ORDER PHARMACY PROGRAM.

(a) In General.--The Secretary of Defense shall conduct a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the national mail-order pharmacy program under section 1074g(a)(2)(E)(iii) of title 10, United States Code.

(b) Medications Covered.--

(1) Determination.--The Secretary shall determine the prescription maintenance medications included in the pilot program under subsection (a).

(2) Supply.--In carrying out the pilot program under subsection (a), the Secretary shall ensure that the medications included in the program are--

(A) generally available to the TRICARE for Life beneficiary through retail pharmacies only for an initial filling of a 30-day or less supply; and

(B) any refills of such medications are obtained through the national mail-order pharmacy program.

(3) Exemption.-- The Secretary may exempt the following prescription maintenance medications from the requirements in paragraph (2):

(A) Such medications that are for acute care needs.

(B) Such other medications as the Secretary determines appropriate.

(c) Nonparticipation.--

(1) Opt out.--The Secretary shall give TRICARE for Life beneficiaries who have been covered by the pilot program under subsection (a) for a period of one year an opportunity to opt out of continuing to participate in the program.

(2) Waiver.--The Secretary may waive the requirement of a TRICARE for Life beneficiary to participate in the pilot program under subsection (a) if the Secretary determines, on an individual basis, that such waiver is appropriate.

(d) TRICARE for Life Beneficiary Defined.--In this section, the term "TRICARE for Life beneficiary" means a TRICARE beneficiary enrolled in the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of title 10, United States Code.

(e) Reports.--Not later than March 31 of each year beginning in 2014 and ending in 2018, the Secretary shall submit to the congressional defense committees a report on the pilot program under subsection (a), including the effects of offering incentives for the use of mail order pharmacies by TRICARE beneficiaries and the effect on retail pharmacies.

(f) Sunset.--The Secretary may not carry out the pilot program under subsection (a) after December 31, 2017.

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

(a) In General.--Section 1074g(a)(6) of title 10, United States Code, is amended--

(1) by amending subparagraph (A) to read as follows:

"(A) The Secretary, in the regulations prescribed under subsection (h), shall establish cost-sharing requirements under the pharmacy benefits program. In accordance with subparagraph (C), such cost- sharing requirements shall consist of the following:

"(i) With respect to each supply of a prescription covering not more than 30 days that is obtained by a covered beneficiary under the TRICARE retail pharmacy program--

"(I) in the case of generic agents, $5;

"(II) in the case of formulary agents, $17; and

"(III) in the case of nonformulary agents, $44.

"(ii) With respect to each supply of a prescription covering not more than 90 days that is obtained by a covered beneficiary under the national mail-order pharmacy program--

"(I) in the case of generic agents, $0;

"(II) in the case of formulary agents, $13; and

"(III) in the case of nonformulary agents, $43."; and (2) by adding at the end the following new subparagraph:

"(C) Beginning October 1, 2013, the Secretary may only increase in any year the cost-sharing amount established under subparagraph (A) by an amount equal to the percentage by which retired pay is increased under section 1401a of this title.".

(b) Effective Date.--The cost-sharing requirements under section 1074g(a)(6)(A) of title 10, United States Code, as amended by subsection (a)(1), shall apply with respect to prescriptions obtained under the TRICARE pharmacy benefits program on or after October 1, 2012.

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

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

Subtitle C--Reports and Other Matters

SEC. 721. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH CARE STAFFING FOR MILITARY MEDICAL TREATMENT FACILITIES.

Section 726(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking "March 31, 2012" and inserting "March 31, 2013".

SEC. 722. EXTENSION OF COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC HEALTH SERVICES AND TREATMENT FOR FEMALE MEMBERS OF THE ARMED FORCES.

Section 725(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking "December 31, 2012" and inserting "March 31, 2013".

SEC. 723. ESTABLISHMENT OF TRICARE WORKING GROUP.

(a) Sense of Congress.--It is the sense of Congress that--

(1) children of members of the Armed Forces deserve health- care practices and policies that--

(A) are designed to meet their pediatric-specific needs;

(B) are developed and determined proactively and comprehensively; and

(C) ensure and maintain their access to pediatric- specific treatments, providers, and facilities.

(2) children's health-care needs and standards of care are different and distinct from those of adults, therefore the TRICARE program should undertake a proactive, comprehensive approach to review and analyze its policies and practices to meet the needs of children to ensure that children and their families receive appropriate care in proper settings and avoid unnecessary challenges in seeking or obtaining proper health care;

(3) a proactive and comprehensive review is necessary because the reimbursement structure of the TRICARE program is patterned upon Medicare and the resulting policies and practices of the TRICARE program do not always properly reflect appropriate standards for pediatric care;

(4) one distinct aspect of children's health care is the need for specialty care and services for children with special- health-care needs and chronic-health conditions;

(5) the requirement for specialized health care and developmental support is an ongoing and serious matter of day- to-day life for families with children with special or chronic- health-care needs;

(6) the Department of Defense and the TRICARE program, recognizing the special needs of certain children, have instituted special-needs programs, including the ECHO program, but there are collateral needs that are not being met, generally because the services are provided in the local community rather than by the Department of Defense, who may not always have the best tools or knowledge to access these State and local resources;

(7) despite wholehearted efforts by the Department of Defense, a gap exists between linking military families with children with special-health-care needs and chronic conditions with the resources and services available from local or regional highly specialized providers and the communities and States in which they reside;

(8) the gap is especially exacerbated by the mobility of military families, who often move from State to State, because special-needs health care, educational, and social services are very specific to each local community and State and such services often have lengthy waiting lists; and

(9) the Department of Defense will be better able to assist military families with children with special-health-care needs fill the gap by collaborating with special-health-care needs providers and those knowledgeable about the opportunities for such children that are provided by States and local communities.

(b) Establishment.--

(1) In general.--The Secretary of Defense shall establish a working group to carry out a review of the TRICARE program with respect to--

(A) pediatric health care needs under paragraph (2); and

(B) pediatric special and chronic health care needs under paragraph (3).

(2) Pediatric health care needs.--

(A) Duties.--The working group shall--

(i) comprehensively review the policy and practices of the TRICARE program with respect to providing pediatric health care;

(ii) recommend changes to such policies and practices to ensure that--

(I) children receive appropriate care in an appropriate manner, at the appropriate time, and in an appropriate setting; and

(II) access to care and treatment provided by pediatric providers and children's hospitals remains available for families with children; and

(iii) develop a plan to implement such changes.

(B) Review.--In carrying out the duties under subparagraph (A), the working group shall--

(i) identify improvements in policies, practices, and administration of the TRICARE program with respect to pediatric-specific health care and pediatric-specific healthcare settings;

(ii) analyze the direct and indirect effects of the reimbursement policies and practices of the TRICARE program with respect to pediatric care and care provided in pediatric settings;

(iii) consider case management programs with respect to pediatric complex and chronic care, including whether pediatric specific programs are necessary;

(iv) develop a plan to ensure that the TRICARE program addresses pediatric-specific health care needs on an on-going basis beyond the life of the working group;

(v) consider how the TRICARE program can work with the pediatric provider community to ensure access, promote communication and collaboration, and optimize experiences of military families seeking and receiving health care services for children; and

(vi) review matters that further the mission of the working group.

(3) Pediatric special and chronic health care needs.--

(A) Duties.--The working group shall--

(i) review the methods in which families in the TRICARE program who have children with special-health-care needs access community resources and health-care resources;

(ii) review how having access to, and a better understanding of, community resources may improve access to health care and support services;

(iii) recommend methods to accomplish improved access by such children and families to community resources and health-care resources, including through collaboration with children's hospitals and other providers of pediatric specialty care, local agencies, local communities, and States;

(iv) consider approaches and make recommendations for the improved integration of individualized or compartmentalized medical and family support resources for military families;

(v) work closely with the Office of Community Support for Military Families with Special Needs of the Department of Defense and other relevant offices to avoid redundancies and target shared areas of concern for children with special or chronic-health-care needs; and

(vi) review any relevant information learned and findings made by the working group under this paragraph that may be considered or adopted in a consistent manner with respect to improving access, resources, and services for adults with special needs.

(B) Review.--In carrying out the duties under subparagraph (A), the working group shall--

(i) discuss improvements to special needs health care policies and practices;

(ii) determine how to support and protect families of members of the National Guard or Reserve Components as the members transition into and out of the relevant Exceptional Family Member Program or the ECHO program;

(iii) analyze case management services to improve consistency, communication, knowledge, and understanding of resources and community contacts;

(iv) identify areas in which a State may offer services that are not covered by the TRICARE program or the ECHO program and how to coordinate such services;

(v) identify steps that States and communities can take to improve support for military families of children with special health care needs;

(vi) consider how the TRICARE program and other programs of the Department of Defense can work with specialty pediatric providers and resource communities to ensure access, promote communication and collaboration, and optimize experiences of military families seeking and receiving health care services for their children with special or chronic health care needs;

(vii) consider special and chronic health care in a comprehensive manner without focus on one or more conditions or diagnoses to the exclusion of others;

(viii) focus on ways to create innovative partnerships, linkages, and access to information and resources for military families across the spectrum of the special-needs community and between the medical community and the family support community; and

(ix) review matters that further the mission of the working group.

(c) Membership.--

(1) Appointments.--The working group shall be composed of not less than 14 members as follows:

(A) The Chief Medical Officer of the TRICARE program, who shall serve as chairperson.

(B) The Chief Medical Officers of the North, South, and West regional offices of the TRICARE program.

(C) One individual representing the Army appointed by the Surgeon General of the Army.

(D) One individual representing the Navy appointed by the Surgeon General of the Navy.

(E) One individual representing the Air Force appointed by the Surgeon General of the Air Force.

(F) One individual representing the regional managed care support contractor of the North region of the TRICARE program appointed by such contractor.

(G) One individual representing the regional managed care support contractor of the South region of the TRICARE program appointed by such contractor.

(H) One individual representing the regional managed care support contractor of the West region of the TRICARE program appointed by such contractor.

(I) Not more than three individuals representing the non-profit organization the Military Coalition appointed by such organization.

(J) One individual representing the American Academy of Pediatrics appointed by such organization.

(K) One individual representing the National Association of Children's Hospitals appointed by such organization.

(L) One individual representing military families who is not an employee of an organization representing such families.

(M) Any other individual as determined by the Chief Medical Officer of the TRICARE program.

(2) Terms.--Each member shall be appointed for the life of the working group. A vacancy in the working group shall be filled in the manner in which the original appointment was made.

(3) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(4) Staff.--The Secretary of Defense shall ensure that employees of the TRICARE program provide the working group with the necessary support to carry out this section.

(d) Meetings.--

(1) Schedule.--The working group shall--

(A) convene its first meeting not later than 60 days after the date of the enactment of this Act; and

(B) convene not less than four other times.

(2) Form.--Any meeting of the working group may be conducted in-person or through the use of video conferencing.

(3) Quorum.--Seven members of the working group shall constitute a quorum but a lesser number may hold hearings.

(e) Advice.--With respect to carrying out the review of the TRICARE program and pediatric special and chronic health care needs under subsection (b)(3), the working group shall seek counsel from the following individuals acting as an expert advisory group:

(1) One individual representing the Exceptional Family Member Program of the Army.

(2) One individual representing the Exceptional Family Member Program of the Navy.

(3) One individual representing the Exceptional Family Member Program of the Air Force.

(4) One individual representing the Exceptional Family Member Program of the Marine Corps.

(5) One individual representing the Office of Community Support for Military Families with Special Needs.

(6) One individual who is not an employee of an organization representing military families shall represent a military family with a child with special health care needs.

(7) Not more than three individuals representing organizations that--

(A) are not otherwise represented in this paragraph or in the working group; and

(B) possess expertise needed to carry out the goals of the working group.

(f) Reports Required.--

(1) Report.--Not later than 12 months after the date on which the working group convenes its first meeting, the working group shall submit to the congressional defense committees a report including--

(A) any changes described in subsection (b)(2)(A)(ii) identified by the working group that--

(i) require legislation to carry out, including proposed legislative language for such changes;

(ii) require regulations to carry out, including proposed regulatory language for such changes; and

(iii) may be carried out without legislation or regulations, including a time line for such changes; and

(B) steps that States and local communities may take to improve the experiences of military families with special-needs children in interacting with and accessing State and local community resources.

(2) Final report.--Not later than 18 months after the date on which the report is submitted under paragraph (1), the working group shall submit to the congressional defense committees a final report including--

(A) any additional information and updates to the report submitted under paragraph (1);

(B) information with respect to how the Secretary of Defense is implementing the changes identified in the report submitted under paragraph (1); and

(C) information with respect to any steps described in subparagraph (B) of such paragraph that were taken by States and local communities after the date on which such report was submitted.

(g) Termination.--The working group shall terminate on the date that is 30 days after the date on which the working group submits the final report pursuant to subsection (f)(2).

(h) Definitions.--In this Act:

(1) The term "children" means dependents of a member of the Armed Forces who are--

(A) individuals who have not yet attained the age of 21; or (B) individuals who have not yet attained the age of 27 if the inclusion of such dependents is applicable and relevant to a program or policy being reviewed under this Act.

(2) The term "congressional defense committees" has the meaning given that term in section 101(a)(16) of title 10, United States Code.

(3) The term "ECHO program" means the program established pursuant to subsections (d) through (e) of section 1079 of title 10, United States Code (commonly referred to as the "Extended Care Health Option program").

(4) The term "TRICARE program" means the managed health care program that is established by the Department of Defense under chapter 55 of title 10, United States Code.

SEC. 724. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-BASED METHODS FOR CERTAIN MEDICAL TRAINING.

(a) Report.--

(1) In general.--Not later than March 1, 2013, the Secretary of Defense shall submit to the congressional defense committees a report that outlines a strategy to refine and, when appropriate, transition to using human-based training methods for the purpose of training members of the Armed Forces in the treatment of combat trauma injuries by October 1, 2017.

(2) Elements.--The report under paragraph (1) shall include the following:

(A) Required research, development, testing, and evaluation investments to validate human-based training methods to refine, reduce, and, when appropriate, transition from the use of live animals in medical education and training by October 1, 2015.

(B) Phased sustainment and readiness costs to refine, reduce, and, when appropriate, replace the use of live animals in medical education and training by October 1, 2017.

(C) Any risks associated with transitioning to human-based training methods, including resource availability, anticipated technological development time lines, and potential impact on the present combat trauma training curricula.

(D) An assessment of the potential 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) Updated Annual Reports.--Not later than March 1, 2014, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purposes of training members of the Armed Forces in the treatment of combat trauma injuries under this section.

(c) Definitions.--In this section:

(1) The term "combat trauma injuries" means severe injuries likely to occur during combat, including--

(A) extremity hemorrhage;

(B) tension pneumothorax;

(C) amputation resulting from blast injury;

(D) compromises to the airway; and

(E) other injuries.

(2) The term "human-based training methods" means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--

(A) simulators;

(B) partial task trainers;

(C) moulage;

(D) simulated combat environments; and

(E) human cadavers.

(3) The term "partial task trainers" means training aids that allow individuals to learn or practice specific medical procedures.

SEC. 725. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS.

(a) Program Authority.--The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury in members of the National Guard and Reserves, their family members, and their caregivers through community partners.

(b) Community Partners.--The Secretary of Defense may award grants to community partners described in subsection (c) using a competitive and merit-based award process whereby the awardee agrees to make contributions toward the costs of activities carried out with the grant, from non-Federal sources, an amount equal to not less than $3 for each $1 of funds provided under the grant.

(c) Community Partner Described.--A community partner described in this subsection is a private non-profit organization or institution that engages in one or more of the following:

(1) Research on the causes, development, and innovative treatment of mental health and substance use disorders and traumatic brain injury in members of the National Guard and Reserves, their family members, and their caregivers.

(2) Providing treatment to such members and their families for such mental health and substance use disorders and traumatic brain injury.

(3) Identifying and disseminating evidence-based treatments of mental health and substance use disorders and traumatic brain injury described in paragraph (1).

(4) Outreach and education to such members, their families and caregivers, and the public about mental health and substance use disorders and traumatic brain injury described in paragraph (1).

(d) Duration.--The duration of the pilot program may not exceed three years.

(e) Report.--Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs and Congress a report on the results of the pilot program, including the amount of grants so awarded and activities carried out, the number of members of the National Guard and Reserves provided treatment or services by community partners, and a description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury.

SEC. 726. STUDY ON BREAST CANCER AMONG MEMBERS OF THE ARMED FORCES AND VETERANS.

(a) Study.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a study on the incidence of breast cancer among members of the Armed Forces (including members of the National Guard and reserve components) and veterans. Such study shall include the following:

(1) A determination of the number of members and veterans diagnosed with breast cancer.

(2) A determination of demographic information regarding such members and veterans, including--

(A) race;

(B) ethnicity;

(C) sex;

(D) age;

(E) possible exposure to hazardous elements or chemical or biological agents (including any vaccines) and where such exposure occurred;

(F) the locations of duty stations that such member or veteran was assigned;

(G) the locations in which such member or veteran was deployed; and

(H) the geographic area of residence prior to deployment.

(3) An analysis of breast cancer treatments received by such members and veterans.

(4) Other information the Secretaries consider necessary.

(b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report containing the results of the study required under subsection (a).

(c) Funding Increase and Offsetting Reduction.--Notwithstanding the amounts set forth in the funding tables in division D--

(1) the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in division D, is hereby increased by $10,000,000, with the amount of the increase allocated to the Defense Health Program, as set forth in the table under section 4501, to carry out this section; and

(2) the amount authorized to be appropriated in section 101 for Weapons Procurement, Navy, as specified in the corresponding funding table in section 4101 of division D, is hereby reduced by a total $10,000,000, with the amount of the reduction to be derived from--

(A) Line 004 (AMRAAM) in the amount of $2,700,000;

(B) Line 006 (JSOW) in the amount of $2,700,000; and (C) Line 009 (Hellfire) in the amount of $4,600,000.

SEC. 727. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE BREAST CANCER.

The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to--

(1) identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2) provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both--

(A) triple negative breast cancer patients to be identified earlier in the progression of their disease; and (B) the development of multiple targeted therapies for the disease.

SEC. 728. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER.

(a) Payment Process.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out a five-year pilot program under which each such Secretary shall establish a process through which each Secretary shall provide payment for treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces and veterans in health care facilities other than military treatment facilities or Department of Veterans Affairs medical facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment.

(b) Conditions for Payment.--The approval by a Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions:

(1) Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose.

(2) The treatment must have been approved by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services.

(3) The treatment (including any patient disclosure requirements) must be used by the health care provider delivering the treatment.

(4) The patient receiving the treatment must demonstrate an improvement as a result of the treatment on one or more of the following:

(A) Standardized independent pre-treatment and post-treatment neuropsychological testing.

(B) Accepted survey instruments.

(C) Neurological imaging.

(D) Clinical examination.

(5) The patient receiving the treatment must be receiving the treatment voluntarily.

(6) The patient receiving the treatment may not be a retired member of the uniformed services or of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act.

(c) Additional Restrictions Prohibited.--Except as provided in this subsection (b), no restriction or condition for reimbursement may be placed on any health care provider that is operating lawfully under the laws of the State in which the provider is located with respect to the receipt of payment under this section.

(d) Payment Deadline.--The Secretary of Defense and the Secretary of Veterans Affairs shall make a payment for a treatment pursuant to subsection (a) not later than 30 days after a member of the Armed Forces or veteran (or health care provider on behalf of such member or veteran) submits to the Secretary documentation regarding the treatment. The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the documentation required under this subsection may not be an undue burden on the member of the Armed Forces or veteran or on the health care provider.

(e) Payment Authority.--

(1) Department of defense.--The Secretary of Defense shall make payments under this section for treatments received by members of the Armed Forces using the authority in subsection (c)(1) of section 1074 of title 10, United States Code.

(2) Department of veterans affairs.--The Secretary of Veterans Affairs shall make payments under this section for treatments received by veterans using the authority in section 1728 of title 38, United States Code.

(f) Payment Amount.--A payment under this section shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. If no such rate is in effect, payment shall be made at a fair market rate, as determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, with respect to a patient who is a member of the Armed Forces or the Secretary of Veterans Affairs with respect to a patient who is a veteran.

(g) Data Collection and Availability.--

(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretaries shall ensure that the database preserves confidentiality and be made available only--

(A) for third-party payer examination;

(B) to the appropriate congressional committees and employees of the Department of Defense, the Department of Veterans Affairs, the Department of Health and Human Services, and appropriate State agencies; and

(C) to the primary investigator of the institutional review board that approved the treatment, in the case of data relating to a patient case involving the use of such treatment.

(2) Enrollment in institutional review board study.--In the case of a patient enrolled in a registered institutional review board study, results may be publically distributable in accordance with the regulations prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and other regulations and practices in effect as of the date of the enactment of this Act.

(3) Qualified institutional review boards.--The Secretary of Defense and the Secretary of Veterans Affairs shall each ensure that the Internet Web site of their respective departments includes a list of all civilian institutional review board studies that have received a payment under this section.

(h) Assistance for Members To Obtain Treatment.--

(1) Assignment to temporary duty.--The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the member's permanent duty station.

(2) Payment of per diem.--A member who is away from the member's permanent station may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment.

(3) Gift rule waiver.--Notwithstanding any rule of any department or agency with respect to ethics or the receipt of gifts, any assistance provided to a member of the Armed Forces with a service-connected injury or disability for travel, meals, or entertainment incidental to receiving treatment under this section, or for the provision of such treatment, shall not be subject to or covered by any such rule.

(i) Retaliation Prohibited.--No retaliation may be made against any member of the Armed Forces or veteran who receives treatment as part of registered institutional review board study carried out by a civilian health care practitioner.

(j) Treatment of University and Nationally Accredited Institutional Review Boards.--For purposes of this section, a university-affiliated or nationally accredited institutional review board shall be treated in the same manner as a Government institutional review board.

(k) Memoranda of Understanding.--The Secretary of Defense and the Secretary of Veterans Affairs shall seek to expeditiously enter into memoranda of understandings with civilian institutional review boards described in subsection (j) for the purpose of providing for members of the Armed Forces and veterans to receive treatment carried out by civilian health care practitioners under a treatment approved by and under the oversight of civilian institutional review boards that would qualify for payment under this section.

(l) Outreach Required.--

(1) Outreach to veterans.--The Secretary of Veterans Affairs shall notify each veteran with a service-connected injury or disability of the opportunity to receive treatment pursuant to this section.

(2) Outreach to members of the armed forces.--The Secretary of Defense shall notify each member of the Armed Forces with a service-connected injury or disability of the opportunity to receive treatment pursuant to this section.

(m) Report to Congress.--Not later than 30 days after the last day of each fiscal year during which the Secretary of Defense and the Secretary of Veterans Affairs are authorized to make payments under this section, the Secretaries shall jointly submit to Congress an annual report on the implementation of this section. Such report shall include each of the following for that fiscal year:

(1) The number of individuals for whom the Secretary has provided payments under this section.

(2) The condition for which each such individual receives treatment for which payment is provided under this section and the success rate of each such treatment.

(3) Treatment methods that are used by entities receiving payment provided under this section and the respective rate of success of each such method.

(4) The recommendations of the Secretaries with respect to the integration of treatment methods for which payment is provided under this section into facilities of the Department of Defense and Department of Veterans Affairs.

(n) Termination.--The authority to make a payment under this section shall terminate on the date that is five years after the date of the enactment of this Act.

(o) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year during which the Secretary of Veterans Affairs and the Secretary of Defense are authorized to make payments under this section.

(p) Funding Increase and Offsetting Reduction.--

(1) In general.--Notwithstanding the amounts set forth in the funding tables in division D, to carry out this section during fiscal year 2013--

(A) the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in division D, is hereby increased by $10,000,000, with the amount of the increase allocated to the Defense Health Program, as set forth in the table under section 4501, to carry out this section; and

(B) the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense- wide, as specified in the corresponding funding table in division D, is hereby reduced by $10,000,000, with the amount of the reduction to be derived from Line 260, Office of the Secretary of Defense as set forth in the table under section 4301.

(2) Merit-based or competitive decisions.--A decision to commit, obligate, or expend funds referred to in paragraph (1)(A) with or to a specific entity shall--

(A) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(B) comply with other applicable provisions of law.

SEC. 729. CONGRESSIONAL SUPPORT FOR GREATER AWARENESS OF POST-TRAUMATIC STRESS DISORDER.

(a) Findings.--Congress makes the following findings:

(1) The brave men and women of the United States Armed Forces, who proudly serve the United States, risk their lives to protect the freedom of the United States and deserve the investment of every possible resource to ensure their lasting physical, mental, and emotional well-being.

(2) More than 2,400,000 members of the Armed Forces have deployed overseas as part of overseas contingency operations since the events of September 11, 2001.

(3) One in five members who have returned from deployment reported symptoms of post-traumatic stress disorder (PTSD).

(4) Just over 1/2 of the members have sought treatment for PTSD symptoms.

(5) More than 90,000 members returning from deployment to Operation Enduring Freedom or Operation Iraqi Freedom are clinically diagnosed with PTSD.

(6) The Armed Forces have sustained an operational tempo for a period of time unprecedented in the history of the United States, with many members deploying multiple times, placing them at high risk of PTSD.

(7) Up to 10 percent of Operation Desert Storm veterans, 30 percent of Vietnam veterans, and 8 percent of the general population of the United States suffer or have suffered from PTSD.

(8) Many cases of PTSD remain unreported, undiagnosed, and untreated due to a lack of awareness about PTSD and the persistent stigma associated with mental health issues.

(9) PTSD significantly increases the risk of depression, suicide, and drug- and alcohol-related disorders and deaths, especially if left untreated.

(10) The Departments of Defense and Veterans Affairs have made significant advances in the prevention, diagnosis, and treatment of PTSD and the symptoms of PTSD, but many challenges remain.

(11) About 1/2 of members and their spouses report they are somewhat or not at all knowledgeable about the signs and symptoms of PTSD.

(b) Congressional Expression of Support.--In light of the findings made in subsection (a), Congress--

(1) supports the efforts of the Secretary of Veterans Affairs and the Secretary of Defense to educate service members, veterans, the families of service members and veterans, and the public about the causes, symptoms, and treatment of post-traumatic stress disorder (PTSD); and

(2) supports the creation of an advisory commission on PTSD to coordinate the efforts of the Department of Defense, Department of Veterans Affairs, and other executive departments and agencies for the prevention, diagnosis, and treatment of PTSD.

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

Subtitle A--Acquisition Policy and Management

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

(a) Exemption From Inspector General Reviews and Determinations.--

Subsection (a) of section 801 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2304 note) is amended by adding at the end the following new paragraph:

"(7) Treatment of procurements through department of energy.--For purposes of this subsection, effective during the 24-month period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013, the procurement of property or services on behalf of the Department of Defense pursuant to an interagency agreement between the Department of Defense and the Department of Energy in accordance with the Department of Energy's Work For Others Program, under which the property or services are provided by a management and operating contractor of the Department of Energy and are procured on behalf of the Department of Defense, shall not be considered a procurement of property or services on behalf of the Department of Defense by a covered non-defense agency.".

(b) Exemption From Certain Certification Requirements.--Subsection (b) of such section is amended--

(1) in paragraph (1), by striking "paragraph (2)" and inserting "paragraphs (2) and (4)"; and

(2) by adding at the end the following new paragraph:

"(4) Exception for procurements in accordance with the department of energy's work for others program.--Effective during the 24-month period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013, the limitation in paragraph (1) shall not apply to the procurement of property or services on behalf of the Department of Defense pursuant to an interagency agreement between the Department of Defense and the Department of Energy in accordance with the Department of Energy's Work for Others Program, under which the property or services are provided by a management and operating contractor of the Department of Energy and procured on behalf of the Department of Defense.".

(c) Certification.--Not later than 20 months after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees the following:

(1) A statement certifying whether the procurement policies, procedures, and internal controls of the Department of Energy provide sufficient protection and oversight for Department of Defense funds expended through the Department of Energy Work for Others Program.

(2) A recommendation regarding whether the pilot exemption granted by the amendments made by this section should be extended.

SEC. 802. REQUIREMENTS RELATING TO CONTRACTS FOR PURCHASE OF HELICOPTERS FOR AFGHAN SECURITY FORCES.

(a) Requirement for Competitively Bid Contracts.--Subject to subsection (b), the Secretary of Defense shall award any contract that will use United States funds for the procurement of helicopters for the Afghan Security Forces using competitive procedures.

(b) Prohibition on Contracting With Certain Entities.-- Notwithstanding subsection (a), the Secretary of Defense may not award a contract, directly or indirectly, to any entity controlled, directed, or influenced by--

(1) a country that has provided weapons to Syria at any time after the date of the enactment of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-175); or (2) any country that is currently a state sponsor of terrorism.

(c) State Sponsor of Terrorism Defined.--In subsection (b), the term "state sponsor of terrorism" means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, or section 40 of the Arms Export Control Act.

(d) Effective Date.--The requirement in subsection (a) shall apply to contracts awarded after the date of the enactment of this Act.

(e) National Security Waiver Authority.--The Secretary of Defense may waive the applicability of this section if the Secretary determines such a waiver is necessary in the national security interests of the United States.

SEC. 803. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH STATE SPONSORS OF TERRORISM.

(a) Prohibition.--The Department of Defense may not enter into a contract for the procurement of goods or services with any person that has business operations with a state sponsor of terrorism.

(b) Definitions.--In this section:

(1) State sponsor of terrorism.--The term "state sponsor of terrorism" means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to--

(A) section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to the International Emergency Economic Powers Act);

(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or (C) section 40 of the Arms Export Control Act (22 U.S.C. 2780).

(2) Business operations.--The term "business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

(3) Person.--The term "person" means--

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and

(C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B).

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

SEC. 811. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL NOTIFICATION OF THE LEASE OF CERTAIN VESSELS BY THE DEPARTMENT OF DEFENSE.

Section 2401(h)(2) of title 10, United States Code, is amended by striking "30 days of continuous session of Congress" and inserting "60 days".

SEC. 812. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

(a) Extension.--Effective as of January 1, 2012, section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in subsection (e) by striking "2012" and inserting "2015".

(b) Technical Amendment to Cross References.--Subsection (e) of such Act is further amended by striking "section 303(g)(1) of the Federal Property and Administrative Services Act of 1949, and section 31(a) of the Office of Federal Procurement Policy Act, as amended by this section," and inserting "section 3305(a) of title 41, United States Code, and section 1901(a) of title 41, United States Code,".

SEC. 813. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE MANAGEMENT AND PRODUCT SUPPORT REQUIREMENTS.

(a) Codification and Amendment.--

(1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 2335. Life-cycle management and product support

"(a) Guidance on Life-cycle Management.--The Secretary of Defense shall issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems. The guidance issued pursuant to this subsection shall--

"(1) maximize competition and make the best possible use of available Department of Defense and industry resources at the system, subsystem, and component levels; and

"(2) maximize value to the Department of Defense by providing the best possible product support outcomes at the lowest operations and support cost.

"(b) Product Support Managers.--

"(1) Requirement.--The Secretary of Defense shall require that each major weapon system be supported by a product support manager in accordance with this subsection.

"(2) Responsibilities.--A product support manager for a major weapon system shall--

"(A) develop and implement a comprehensive product support strategy for the weapon system;

"(B) use advanced predictive analysis to the extent practicable to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs;

"(C) conduct appropriate cost analyses to validate the product support strategy, including cost-benefit analyses as outlined in Office of Management and Budget Circular A-94;

"(D) ensure achievement of desired product support outcomes through development and implementation of appropriate product support arrangements;

"(E) adjust performance requirements and resource allocations across product support integrators and product support providers as necessary to optimize implementation of the product support strategy;

"(F) periodically review product support arrangements between the product support integrators and product support providers to ensure the arrangements are consistent with the overall product support strategy;

"(G) prior to each change in the product support strategy or every five years, whichever occurs first, revalidate any business-case analysis performed in support of the product support strategy; and

"(H) ensure that the product support strategy maximizes small business participation at the appropriate tiers and apply the requirements of section 15(g) of the Small Business Act (15 U.S.C. 644(g)) in a manner that ensures that small business concerns are not inappropriately selected for performance as a prime contractor.

"(c) Definitions.--In this section:

"(1) Product support.--The term 'product support' means the package of support functions required to field and maintain the readiness and operational capability of major weapon systems, subsystems, and components, including all functions related to weapon system readiness.

"(2) Product support arrangement.-- The term 'product support arrangement' means a contract, task order, or any type of other contractual arrangement, or any type of agreement or non-contractual arrangement within the Federal Government, for the performance of sustainment or logistics support required for major weapon systems, subsystems, or components. The term includes arrangements for any of the following:

"(A) Performance-based logistics.

"(B) Sustainment support.

"(C) Contractor logistics support.

"(D) Life-cycle product support.

"(E) Weapon systems product support.

"(3) Product support integrator.--The term 'product support integrator' means an entity within the Federal Government or outside the Federal Government charged with integrating all sources of product support, both private and public, defined within the scope of a product support arrangement.

"(4) Product support provider.--The term 'product support provider' means an entity that provides product support functions. The term includes an entity within the Department of Defense, an entity within the private sector, or a partnership between such entities.

"(5) Major weapon system.--The term 'major weapon system' has the meaning given that term in section 2302d of this title.

"(6) Advanced predictive analysis.--The term 'advanced predictive analysis' means a type of analysis that applies advanced predictive modeling methodology to life-cycle management and product support by using event simulation to account for variations in asset demand over time, including events such as current equipment condition, planned usage, aging of parts, maintenance capacity and quality, and logistics response.".

(2) Clerical amendment.--The table of sections at the beginning of chapter 137 of such title is amended by adding at the end the following new item:

"2335. Life-cycle management and product support.".

(b) Repeal of Superseded Section.--Section 805 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2302) is repealed.

SEC. 814. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS.

(a) Codification.--

(1) In general.--Subchapter I of chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 1706. Government performance of certain acquisition functions

"(a) Goal.--It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each major defense acquisition program and each major automated information system program, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense:

"(1) Program manager.

"(2) Deputy program manager.

"(3) Product support manager.

"(4) Chief engineer.

"(5) Systems engineer.

"(6) Chief developmental tester.

"(7) Cost estimator.

"(b) Plan of Action.--The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve the objective established in subsection (a).

"(c) Definitions.--In this section:

"(1) The term 'major defense acquisition program' has the meaning given such term in section 2430(a) of this title.

"(2) The term 'major automated information system program' has the meaning given such term in section 2445a(a) of this title.".

(2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

"1706. Government performance of certain acquisition functions.".

(b) Repeal of Superseded Section.--Section 820 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 1701 note) is repealed.

SEC. 815. LIMITATION ON FUNDING PENDING CERTIFICATION OF IMPLEMENTATION OF REQUIREMENTS FOR COMPETITION.

(a) Limitation on Funding for Certain Offices.--Of the funds authorized to be appropriated for fiscal year 2013 as specified in the funding table in section 4301, not more than 80 percent of the funds authorized for the Office of the Secretary of Defense may be obligated or expended until the certification described in subsection (b) is submitted.

(b) Certification Required.--The Secretary of Defense shall certify to the congressional defense committees that the Department of Defense is implementing the requirements of section 202(d) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 2430 note). Such a certification shall be accompanied by--

(1) a briefing to the congressional defense committees on processes and procedures that have been implemented across the military departments and Defense Agencies to maximize competition throughout the life-cycle of major defense acquisition programs, including actions to award contracts for performance of maintenance and sustainment of major weapon systems or subsystems and components of such systems; and

(2) a representative sample of solicitations issued since May 22, 2009, intended to fulfill the objectives of such section 202(d).

SEC. 816. CONTRACTOR RESPONSIBILITIES IN REGULATIONS RELATING TO DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.

Section 818(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended to read as follows:

"(B) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts are not allowable costs under Department contracts, unless--

"(i) the covered contractor has an operational system to detect and avoid counterfeit parts and suspect counterfeit electronic parts that has been reviewed and approved by the Department of Defense pursuant to subsection (e)(2)(B);

"(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were--

"(I) procured from a trusted supplier in accordance with regulations described in paragraph (3); or

"(II) provided to the contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation; and

"(iii) the covered contractor provides timely notice to the Government pursuant to paragraph (4).".

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

Section 2533b(m) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(11) The term 'produced', as used in subsections (a) and (b), means melted, or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. The term does not include finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.".

SEC. 818. ASSESSMENT AND REPORT RELATING TO INFRARED TECHNOLOGY SECTORS.

(a) Assessment.--The Secretary of Defense, in conjunction with the sector-by-sector, tier-by-tier review conducted by the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, shall conduct an assessment of the health and status of various national defense infrared technology sectors, including technology such as focal plane arrays sensitive to infrared wavelengths, read-out integrate circuits, cryogenic coolers, Dewar technology, infrared sensor engine assemblies, and infrared imaging systems.

(b) Report.--The Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment within 90 days after the date of the enactment of this Act.

SEC. 819. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNIFORM COMPONENTS SUPPLIED TO AFGHAN MILITARY OR AFGHAN NATIONAL POLICE.

(a) Requirement.--In the case of any textile components supplied by the Department of Defense to the Afghan National Army or the Afghan National Police for purposes of production of uniforms, section 2533a of title 10, United States Code, shall apply, and no exceptions or exemptions under that section shall apply.

(b) Effective Date.--This section shall apply to solicitations issued and contracts awarded for the procurement of such components after the date of the enactment of this Act.

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

SEC. 821. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.

(a) Extension of Termination Date.--Subsection (f) of section 801 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399) is amended by striking "on or after the date occurring three years after the date of the enactment of this Act" and inserting "after December 31, 2014".

(b) Expansion of Authority to Cover Forces of the United States and Coalition Forces.--Subsection (b)(1) of such section is amended--

(1) in subparagraph (B), by striking "or" at the end;

(2) in subparagraph (C), by adding "or" at the end; and

(3) by adding at the end the following:

"(D) by the United States or coalition forces in Afghanistan if the product or service is from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies;".

(c) Limitation.--Such section is amended--

(1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and

(2) by inserting after subsection (c) the following:

"(d) Limitation.--The Secretary may not use the authority provided in subsection (a) to procure goods or services from Pakistan until such time as the Government of Pakistan agrees to re-open the Ground Lines of Communication for the movement of United States equipment and supplies through Pakistan.".

(d) Repeal of Expired Report Requirement.--Subsection (h) of such section, as redesignated by subsection (c) of this section, is repealed.

(e) Clerical Amendment.--The heading of such section is amended by striking "; report".

SEC. 822. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN AFGHANISTAN.

Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note) is amended--

(1) in the section heading, by striking "iraq and";

(2) by striking "Iraq or" each place it appears; and

(3) in subsection (b)--

(A) by inserting "(A)" after "(1)";

(B) in paragraph (2)--

(i) by redesignating clauses (i) and (ii) of subparagraph (B) as subclauses (I) and (II), respectively, and in subclause (II), as so redesignated, by striking the period at the end and inserting "; and";

(ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and

(iii) by striking "(2)" and inserting "(B)"; and

(C) by adding at the end the following new paragraph (2):

"(2) the Government of Afghanistan is not taxing assistance provided by the United States to Afghanistan in violation of any bilateral or other agreement with the United States.".

Subtitle D--Other Matters

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

Section 804(b)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amended--

(1) by inserting "and" at the end of subparagraph (B);

(2) by striking "; and" at the end of subparagraph (C) and inserting a period; and

(3) by striking subparagraph (D).

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

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

SEC. 833. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF DEFENSE CONTRACTS.

(a) In General.--Section 2305(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(6)(A) The head of an agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider information (in this paragraph referred to as a 'jobs impact statement') that the offeror may include in its offer related to the effects on employment within the United States of the contract if it is awarded to the offeror.

"(B) The information that may be included in a jobs impact statement may include the following:

"(i) The number of jobs expected to be created in the United States, or the number of jobs retained that otherwise would be lost, if the contract is awarded to the offeror.

"(ii) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract.

"(iii) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract.

"(C) The contracting officer may consider the information in the jobs impact statement in the evaluation of the offer.

"(D) The agency may request further information from the offeror in order to verify the accuracy of the information in the jobs impact statement.

"(E) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the agency shall, not later than six months after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement.

"(F) The Secretary of Defense shall submit to Congress an annual report on the frequency of use within the Department of Defense of jobs impact statements in the evaluation of competitive proposals.".

(b) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to implement the amendment made by this section.

SEC. 834. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT.

Not later than June 30, 2013, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each submit to the congressional defense committees a report on the use of energy savings performance contracts by the Department of the Army, the Department of the Navy, and the Department of the Air Force, respectively, including each of the following:

(1) The amount of appropriated funds that have been obligated or expended and that are expected to be obligated or expended for energy savings performance contracts.

(2) The amount of such funds that have been used for comprehensive retrofits.

(3) The amount of such funds that have been used to leverage private sector capital, including the amount of such capital.

SEC. 835. REQUIREMENT TO INCLUDE TRAFFICKING IN PERSONS IN PERFORMANCE ASSESSMENTS OF DEFENSE CONTRACTORS.

(a) Performance Assessments to Include Evaluation of Trafficking in Persons.--With respect to any performance assessment of a defense contractor or subcontractor of such a contractor, or any labor recruiter, broker, or other agent used by the contractor or subcontractor, the Secretary of Defense shall include an evaluation of trafficking in persons.

(b) Trafficking in Persons Defined.--In this section, the term "trafficking in persons" has the meaning provided the term "severe form of trafficking in persons" in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL BASE POLICY AND AMENDMENTS TO STRATEGIC MATERIALS PROTECTION BOARD.

(a) Findings.--Congress finds the following:

(1) The Defense Logistics Agency has made little progress in addressing the findings and recommendations from the April 2009 report of the Department of Defense report titled "Reconfiguration of the National Defense Stockpile Report to Congress".

(2) The office of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy has historically analyzed the United States defense industrial base from the point of view of prime contractors and original equipment manufacturers and has provided insufficient attention to producers of materials critical to national security, including raw materials producers.

(3) Responsibility for the secure supply of materials critical to national security, which supports the defense industrial base, is decentralized throughout the Department of Defense.

(4) The office of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy should expand its focus to consider both a top-down view of the supply chain, beginning with prime contractors, and a bottom-up view that begins with raw materials suppliers.

(5) To enable this focus and support a more coherent, comprehensive strategy as it pertains to materials critical to national security, the office of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy should develop policy, conduct oversight, and monitor resource allocation for agencies of the Department of Defense, including the Defense Logistics Agency, for all activities that pertain to ensuring a secure supply of materials critical to national security.

(6) The Strategic Materials Protection Board should be reconfigured so as to be chaired by the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy and should fully execute its duties and responsibilities.

(b) Appointment of Deputy Assistant Secretary.--Section 139c(a) of title 10, United States Code, is amended by striking "appointed by" and all that follows through the end of the subsection and inserting "appointed by the Secretary of Defense.".

(c) Responsibilities of Deputy Assistant Secretary.--Section 139c(b) of such title is amended--

(1) by striking paragraphs (1) through (4) and inserting the following:

"(1) Providing input to strategy reviews, including quadrennial defense reviews conducted pursuant to section 118 of this title, on matters related to--

"(A) the defense industrial base; and

"(B) materials critical to national security.

"(2) Establishing policies of the Department of Defense for developing and maintaining the defense industrial base of the United States and ensuring a secure supply of materials critical to national security.

"(3) Providing recommendations to the Under Secretary on budget matters pertaining to the industrial base, the supply chain, and the development and retention of skills necessary to support the industrial base.

"(4) Providing recommendations and acquisition policy guidance to the Under Secretary on supply chain management and supply chain vulnerability throughout the entire supply chain, from suppliers of raw materials to producers of major end items.".

(2) by striking paragraph (5) and redesignating paragraphs (6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), and (9), respectively;

(3) by inserting after paragraph (9), as so redesignated, the following new paragraph (10):

"(10) Providing policy and oversight of matters related to materials critical to national security to ensure a secure supply of such materials to the Department of Defense.".

(4) by redesignating paragraph (15) as paragraph (18); and

(5) by inserting after paragraph (14) the following new paragraphs:

"(15) Coordinating with the Director of Small Business Programs on all matters related to industrial base policy of the Department of Defense.

"(16) Ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements.

"(17) Establishing policies of the Department of Defense for continued reliable resource availability from domestic sources and allied nations for the industrial base of the United States.".

(d) Materials Critical to National Security Defined.--Section 139c of such title is further amended by adding at the end the following new subsection:

"(d) Materials Critical to National Security Defined.--In this section, the term 'materials critical to national security' has the meaning given that term in section 187(e)(1) of this title.".

(e) Amendments to Strategic Materials Protection Board.--

(1) Membership.--Paragraph (2) of section 187(a) of such title is amended to read as follows:

"(2) The Board shall be composed of the following:

"(A) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, who shall be the chairman of the Board.

"(B) The Administrator of the Defense Logistics Agency Strategic Materials, or any successor organization, who shall be the vice chairman of the Board.

"(C) A designee of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.

"(D) A designee of the Assistant Secretary of the Navy for Research, Development, and Acquisition.

"(E) A designee of the Assistant Secretary of the Air Force for Acquisition.".

(2) Duties.--Paragraphs (3) and (4) of section 187(b) of such title are each amended by striking "President" and inserting "Secretary".

(3) Meetings.--Section 187(c) of such title is amended by striking "Secretary of Defense" and inserting "Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy".

(4) Reports.--Section 187(d) of such title is amended to read as follows:

"(d) Reports.--

(1) After each meeting of the Board, the Board shall prepare a report containing the results of the meeting and such recommendations as the Board determines appropriate. The Secretary of each military department shall review and comment on the report.

"(2) Each such report shall be published in the Federal Register and subsequently submitted to the congressional defense committees, together with public comments and comments and recommendations from the Secretary of Defense, not later than 90 days after the meeting covered by the report.".

SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL NEEDS AND RAPID ACQUISITION.

(a) Designation of Senior Official Responsible for Focus on Urgent Operational Needs and Rapid Acquisition.--

(1) In general.--The Secretary of Defense, after consultation with the Secretaries of the military departments, shall designate a senior official in the Office of the Secretary of Defense as the principal official of the Department of Defense responsible for leading the Department's actions on urgent operational needs and rapid acquisition, in accordance with this section.

(2) Staff and resources.--The Secretary shall assign to the senior official designated under paragraph (1) appropriate staff and resources necessary to carry out the official's functions under this section.

(b) Responsibilities.--The senior official designated under subsection (a) shall be responsible for the following:

(1) Acting as an advocate within the Department of Defense for issues related to the Department's ability to rapidly respond to urgent operational needs, including programs funded and carried out by the military departments.

(2) Improving visibility of urgent operational needs throughout the Department, including across the military departments, the Defense Agencies, and all other entities and processes in the Department that address urgent operational needs.

(3) Ensuring that tools and mechanisms are used to track, monitor, and manage the status of urgent operational needs within the Department, from validation through procurement and fielding, including a formal feedback mechanism for the armed forces to provide information on how well fielded solutions are meeting urgent operational needs.

(c) Urgent Operational Needs Defined.--In this section, the term "urgent operational needs" means capabilities that are determined by the Secretary of Defense, pursuant to the review process required by section 804(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for rapid fielding in response to urgent operational needs.

SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL FOR ENTERPRISE RESOURCE PLANNING SYSTEM DATA CONVERSION.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall--

(1) designate a senior official of the Department of Defense as the official with principal responsibility for coordination and management oversight of data conversion for all enterprise resource planning systems of the Department; and

(2) set forth the responsibilities of that senior official with respect to such data conversion.

SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION.

(a) Supervision.--Section 139b(a)(3) of title 10, United States Code, is amended by striking "to the Under Secretary" before the period and inserting "directly to the Under Secretary, without the interposition of any other supervising official".

(b) Concurrent Service.--Section 139b(a)(7) of such title is amended by striking "may" and inserting "shall".

(c) Resources.--Section 139b(a) of such title is amended by adding at the end the following new paragraph:

"(8) Resources.--

"(A) The President shall include in the budget transmitted to Congress, pursuant to section 1105 of title 31, for each fiscal year, a separate statement of estimated expenditures and proposed appropriations for the fiscal year for the activities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation in carrying out the duties and responsibilities of the Deputy Assistant Secretary under this section.

"(B) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall have sufficient professional staff of military and civilian personnel to enable the Deputy Assistant Secretary to carry out the duties and responsibilities prescribed by law. The resources for the Deputy Assistant Secretary shall be comparable to the resources, including Senior Executive Service positions, other civilian positions, and military positions, available to the Director of Operational Test and Evaluation.".

(d) Annual Report.--Section 139b(d) of such title is amended--

(1) in the subsection heading, by striking "Joint";

(2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively;

(3) by inserting "(1)" before "Not later than March 31";

(4) in the matter appearing before subparagraph (A), as so redesignated, by striking "jointly" and inserting "each"; and (5) by adding at the end the following new paragraph:

"(2) With respect to the report required under paragraph (1) by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation--

"(A) the report shall include a separate section that covers the activities of the Department of Defense Test Resource Management Center (established under section 196 of this title) during the preceding year; and

"(B) the report shall be transmitted to the Under Secretary of Defense for Acquisition, Technology, and Logistics at the same time it is submitted to the congressional defense committees.".

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

(a) Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.--

(1) Redesignation of military department.--The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps.

(2) Redesignation of secretary and other statutory offices.--

(A) Secretary.--The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps.

(B) Other statutory offices.--The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively.

(b) Conforming Amendments to Title 10, United States Code.--

(1) Definition of "military department".

--Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows:

"(8) The term 'military department' means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.".

(2) Organization of department.--The text of section 5011 of such title is amended to read as follows: "The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps.".

(3) Position of secretary.--Section 5013(a)(1) of such title is amended by striking "There is a Secretary of the Navy" and inserting "There is a Secretary of the Navy and Marine Corps".

(4) Chapter headings.--

(A) The heading of chapter 503 of such title is amended to read as follows:

"CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS".

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

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

(5) Other amendments.--

(A) Title 10, United States Code, is amended by striking "Department of the Navy" and "Secretary of the Navy" each place they appear other than as specified in paragraphs (1), (2), (3), and (4) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting "Department of the Navy and Marine Corps" and "Secretary of the Navy and Marine Corps", respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken.

(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking "Assistant Secretaries of the Navy" and inserting "Assistant Secretaries of the Navy and Marine Corps".

(ii) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting "and Marine Corps" after "of the Navy", with the matter inserted in each case to be in the same typeface and typestyle as the matter amended.

(c) Other Provisions of Law and Other References.--

(1) Title 37, united states code.--Title 37, United States Code, is amended by striking "Department of the Navy" and "Secretary of the Navy" each place they appear and inserting "Department of the Navy and Marine Corps" and "Secretary of the Navy and Marine Corps", respectively.

(2) Other references.--Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in subsection (a)(2) shall be considered to be a reference to that office as redesignated by that section.

(d) Effective Date.--This section and the amendments made by this section shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.

Subtitle B--Space Activities

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

(a) Annual Assessment.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall annually submit to the congressional defense committees an assessment of the synchronization of the operability of the program segments of each space program that is a major defense acquisition program.

(b) Contents.--Each assessment required under subsection (a) shall include--

(1) a description of the intended primary capabilities of each space program that is a major defense acquisition program and the level of operability of each program segment of such space program at the time of such assessment;

(2) a schedule for the deployment of such intended primary capabilities of such space program in each such program segment and in such space program as a whole;

(3) for each such space program for which a primary capability of such program will be operable by one program segment at least one year after the date on which such capability is operable by another program segment--

(A) an explanation of the reasons that such primary capability will be operable by one program segment at least one year after the date such capability is operable by another program segment; and

(B) an identification of the steps the Department is taking to improve the alignment of when the program segments become operable and the related challenges, costs, and risks; and

(4) a description of the impact on the mission of such space program caused by such primary capability being operable by one program segment at least one year after the date such capability is operable by another program segment.

(c) Definitions.--In this section:

(1) Major defense acquisition program defined.--The term "major defense acquisition program" has the meaning given the term in section 2430 of title 10, United States Code.

(2) Program segment.--The term "program segment" means, with respect to a space program that is a major defense acquisition program, the following segments:

(A) The portion of such program that is satellite- based.

(B) The portion of such program that is ground- based.

(C) The portion of such program that is operated by the end-user.

SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.

(a) Sense of Congress.--It is the sense of Congress that--

(1) there are significant investments in overhead persistent infrared technology that span multiple agencies and support a variety of missions, including missile warning, missile defense, battle space awareness, and technical intelligence; and

(2) further efforts should be made to fully exploit overhead persistent infrared sensor data.

(b) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report on overhead persistent infrared technology that includes--

(1) an assessment of whether there are further opportunities for the Department of Defense and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) to capitalize on increased data sharing, fusion, interoperability, and exploitation; and

(2) recommendations on how to better coordinate the efforts by the Department and the intelligence community to exploit overhead persistent infrared sensor data.

(c) Comptroller General Assessment.--Not later than 90 days after the date on which the Secretary of Defense submits the report required under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the report required under subsection (b), including--

(1) an assessment of whether such report is comprehensive, fully supported, and sufficiently detailed; and

(2) an identification of any shortcomings, limitations, or other reportable matters that affect the quality or findings of the report required under subsection (b).

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

(a) Prohibition.--None of the funds authorized to be appropriated by this Act or any other Act may be used by the Secretary of Defense or the Director of National Intelligence to limit the activities of the Department of Defense or the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) in outer space to implement or comply with an international agreement concerning outer space activities unless such agreement is ratified by the Senate or authorized by statute.

(b) Report on International Agreement Negotiations.--

(1) Report required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees a report on the progress of negotiations on an international agreement concerning outer space activities. Such report shall include a description of which foreign countries have agreed to sign such an international agreement and any implications that the draft of the agreement being negotiated may have on both classified and unclassified military and intelligence activities of the United States in outer space.

(2) Form.--

(A) Unclassified.--Except as provided in subparagraph (B), each report required under paragraph (1) shall be submitted in unclassified form.

(B) Classified annex.--The Secretary of Defense may submit to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate a classified annex to a report required under paragraph (1) containing any classified information required to be submitted for such report.

(3) Termination date.--The requirement to submit a report under paragraph (1) shall cease to apply on the date on which the President submits to the appropriate congressional committees a certification that the United States is no longer involved in negotiations on an international agreement concerning outer space activities.

(4) Appropriate congressional committees.--In this subsection, the term "appropriate congressional committees" means--

(A) the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Science, Space, and Technology of the House of Representatives; and

(B) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.

(c) Report on Foreign Counter-space Programs.--

(1) Report required.--Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:

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

"(a) Report Required.--Not later than January 1 of each year, the Secretary of Defense shall submit to Congress a report on the counter- space programs of foreign countries.

"(b) Contents.--Each report required under subsection (a) shall include--

"(1) an explanation of whether any foreign country has a counter-space program that could be a threat to the national security or commercial space systems of the United States; and

"(2) the name of each country with a counter-space program described in paragraph (1).

"(c) Form.--

"(1) In general.--Except as provided in paragraphs (2) and (3), each report required under subsection (a) shall be submitted in unclassified form.

"(2) Classified annex.--The Secretary of Defense may submit to the covered congressional committees a classified annex to a report required under subsection (a) containing any classified information required to be submitted for such report.

"(3) Foreign country names.--

"(A) Unclassified form.--Subject to subparagraph (B), each report required under subsection (a) shall include the information required under subsection (b)(2) in unclassified form.

"(B) National security waiver.--The Secretary of Defense may waive the requirement under subparagraph (A) if the Secretary determines it is in the interests of national security to waive such requirement and submits to Congress an explanation of why the Secretary waived such requirement.

"(d) Prohibition on Use of Funds for Non-compliance.--If in any fiscal year the Secretary of Defense does not submit a report required under subsection (a) on or before the date on which such report is required to be submitted, none of the funds authorized to be appropriated by any Act for such fiscal year for activities of the Department of Defense may be used for travel related to the negotiation of an international agreement concerning outer space activities until such report is submitted.

"(e) Covered Congressional Committees Defined.--In this section, the term 'covered congressional committees' means the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate.".

(2) Clerical amendment.--The table of sections at the beginning of chapter 135 of title 10, United States Code, is amended by adding at the end the following new item:

"2275. Report on foreign counter-space programs.".

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

(a) Assessment.--The Secretary of the Air Force shall enter into an agreement with a federally funded research and development center to conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for the launch vehicles under the evolved expendable launch vehicle program.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the congressional defense committees a report on the assessment conducted under subsection (a).

SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY.

(a) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report based on all available information describing key space technologies that could be used, or are being sought, by a foreign country with a counter space or ballistic missile program, and should be subject to export controls by the United States or an ally of the United States, as appropriate.

(b) Form.--Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

SEC. 916. COMMERCIAL SPACE LAUNCH COOPERATION.

(a) In General.--Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 2276. Commercial space launch cooperation

"(a) Authority.--The Secretary of Defense may take such actions as the Secretary considers to be in the best interest of the Federal Government to--

"(1) maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States;

"(2) maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense;

"(3) reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities;

"(4) encourage commercial space activities by enabling investment by covered entities in the space transportation infrastructure of the Department of Defense; and

"(5) foster cooperation between the Department of Defense and covered entities.

"(b) Authority for Contracts and Other Agreements Relating to Space Transportation Infrastructure.--The Secretary of Defense--

"(1) may enter into an agreement with a covered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Department of Defense; and

"(2) upon the request of such covered entity, may include such support and services in the space launch and reentry range support requirements of the Department of Defense if--

"(A) the Secretary determines that the inclusion of such support and services in such requirements--

"(i) is in the best interest of the Federal Government;

"(ii) does not interfere with the requirements of the Department of Defense; and

"(iii) does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and

"(B) any commercial requirement included in the agreement has full non-Federal funding before the execution of the agreement.

"(c) Contributions.--

"(1) In general.--The Secretary of Defense may enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section.

"(2) Use of contributions.--Any funds, services, or equipment accepted by the Secretary under this subsection--

"(A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the agreement entered into under this subsection; and

"(B) shall be managed by the Secretary in accordance with regulations of the Department of Defense.

"(3) Requirements with respect to agreements.--An agreement entered into with a covered entity under this subsection--

"(A) shall address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and

"(B) shall include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States.

"(d) Defense Cooperation Space Launch Account.--

"(1) Establishment.--There is established in the Treasury of the United States a special account to be known as the 'Defense Cooperation Space Launch Account'.

"(2) Crediting of funds.--Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account.

"(3) Use of funds.--Funds deposited in the Defense Cooperation Space Launch Account under paragraph (2) are authorized to be appropriated and shall be available for obligation only to the extent provided in advance in an appropriation Act for costs incurred by the Department of Defense in carrying out subsection (b). Funds in the Account shall remain available until expended.

"(e) Annual Report.--Not later than January 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the funds, services, and equipment accepted and used by the Secretary under this section during the preceding fiscal year.

"(f) Regulations.--The Secretary of Defense shall prescribe regulations to carry out this section.

"(g) Definitions.--In this section:

"(1) Covered entity.--The term 'covered entity' means a non-Federal entity that--

"(A) is organized under the laws of the United States or of any jurisdiction within the United States; and

"(B) is engaged in commercial space activities.

"(2) Launch support facilities.--The term 'launch support facilities' has the meaning given the term in section 50501(7) of title 51.

"(3) Space recovery support facilities.--The term 'space recovery support facilities' has the meaning given the term in section 50501(11) of title 51.

"(4) Space transportation infrastructure.--The term 'space transportation infrastructure' has the meaning given that term in section 50501(12) of title 51.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"2276. Commercial space launch cooperation.".

Subtitle C--Intelligence-Related Activities

SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUPPORT TO CERTAIN SECURITY ALLIANCES AND REGIONAL ORGANIZATIONS.

(a) Authorization.--Section 443(a) of title 10, United States Code, is amended--

(1) by striking "The Director" and inserting "(1) Subject to paragraph (2), the Director";

(2) by striking "foreign countries" and inserting "foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member"; and

(3) by adding at the end the following new paragraph:

"(2) In each case in which the Director of the National Geospatial-Intelligence Agency provides imagery intelligence or geospatial information support to a regional organization or security alliance under paragraph (1), the Director shall--

"(A) ensure that such intelligence and such support are not provided by such regional organization or such security alliance to any other person or entity;

"(B) notify the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate, that the Director has provided such intelligence or such support; and

"(C) coordinate the provision of such intelligence and such support with the commander of the appropriate combatant command.".

(b) Clerical Amendments.--

(1) Section heading.--The heading of section 443 of title 10, United States Code, is amended by striking "foreign countries" and inserting "foreign countries, regional organizations, and security alliances".

(2) Table of sections.--The table of sections at the beginning of chapter 22 of title 10, United States Code, is amended by striking the item relating to section 443 and inserting the following new item:

"443. Imagery intelligence and geospatial information: support for foreign countries, regional organizations, and security alliances.".

SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME OF NATIONAL DEFENSE INTELLIGENCE COLLEGE TO NATIONAL INTELLIGENCE UNIVERSITY.

(a) Conforming Amendments to Reflect Name Change.--Section 2161 of title 10, United States Code, is amended by striking "National Defense Intelligence College" each place it appears and inserting "National Intelligence University".

(b) Clerical Amendments.--

(1) Section heading.--The heading of such section is amended to read as follows:

"Sec. 2161. Degree granting authority for National Intelligence University".

(2) Table of sections.--The item related to such section in the table of sections at the beginning of chapter 108 of such title is amended to read as follows:

"2161. Degree granting authority for National Intelligence University.".

Subtitle D--Total Force Management

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

(a) Limitation on Funding for Certain Offices.--Of the funds authorized to be appropriated for fiscal year 2013 as specified in the funding table in section 4301, not more than 80 percent of the funds authorized for the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition; and the Office of the Assistant Secretary of the Air Force for Acquisition may be obligated or expended until the certification described in subsection (c) is submitted.

(b) Limitation on Funding for Other Contracts.--Of the funds authorized for other contracts or other services to be appropriated for fiscal year 2013 as specified in the funding table in section 4301, not more than 80 percent of the funds authorized for the Office of the Secretary of Defense, the Department of the Navy, and the Department of the Air Force may be obligated or expended until the certification described in subsection (c) is submitted.

(c) Certification.--The certification described in this subsection is a certification in writing submitted to the congressional defense committees and made by the Secretary of Defense that the collection of data for purposes of meeting the requirements of section 2330a of title 10, United States Code, has begun.

(d) Definition.--In this section, the term "other contracts or other services" means funding described in line 0989 within Exhibit OP-32 of the justification materials accompanying the President's budget request for fiscal year 2013.

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

Section 129a of title 10, United States Code, is amended--

(1) in subparagraph (B) of subsection (f)(3), by inserting after "Government" the following: "management, control, and"; and

(2) by adding at the end the following new subsection:

"(g) Requirement for Management, Control, and Oversight or Appropriate Corrective Actions.--For purposes of subsection (f)(3)(B), if insufficient levels of Government management, control, and oversight are found, the Secretary of the military department or head of the Defense agency responsible shall provide such management, control, and oversight or take appropriate corrective actions, including potential conversion to Government performance, consistent with this section and sections 129 and 2463 of this title.".

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

Subparagraph (C) of section 2330a(e)(2) of title 10, United States Code, is amended to read as follows:

"(C) special management attention is being given to functions identified in the inventory as being closely associated with inherently governmental functions; and".

Subtitle E--Cyberspace-Related Matters

SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE.

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

"SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE.

"(a) Affirmation.--Congress affirms that the Secretary of Defense is authorized to conduct military activities in cyberspace.

"(b) Authority Described.--The authority referred to in subsection (a) includes the authority to carry out a clandestine operation in cyberspace--

"(1) in support of a military operation pursuant to the Authorization for Use of Military Force (50 U.S.C. 1541 note; Public Law 107-40) against a target located outside of the United States; or

"(2) to defend against a cyber attack against an asset of the Department of Defense.

"(c) Rule of Construction Regarding Authority in Cyberspace.-- Nothing in this section shall be construed to limit the authority of the Secretary of Defense to conduct military activities in cyberspace.

"(d) Rule of Construction Regarding Covert Actions.--Nothing in this section shall be construed to authorize a covert action (as defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e))) or modify the requirements of section 503 of such Act (50 U.S.C. 413b).

"(e) Congressional Notification.--Consistent with, and in addition to, any other reporting requirements under law, the Secretary of Defense shall ensure that the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) are kept fully and currently informed of any intelligence or intelligence-related activities undertaken in support of military activities in cyberspace.".

SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS.

(a) Briefings.--Chapter 23 of title 10, United States Code, is amended by inserting after section 483 the following new section:

"Sec. 484. Quarterly cyber operations briefings

"The Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate quarterly briefings on all offensive and significant defensive military operations in cyberspace carried out by the Department of Defense during the immediately preceding quarter.".

(b) Initial Briefing.--The first briefing required under section 484 of title 10, United States Code, as added by subsection (a), shall be provided not later than March 1, 2013.

(c) Clerical Amendment.--The table of sections at the beginning of chapter 23 of title 10, United States Code, is amended by inserting after the item relating to section 483 the following new item:

"484. Quarterly cyber operations briefings.".

Subtitle F--Other Matters

SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF JOINT CHIEFS OF STAFF AND JOINT REQUIREMENTS OVERSIGHT COUNCIL.

(a) Amendments Related to Chairman of Joint Chiefs of Staff.--

Section 153(a)(4) of title 10, United States Code, is amended by striking subparagraph (F) and inserting the following new subparagraphs:

"(F) Identifying, assessing, and approving military requirements (including existing systems and equipment) to meet the national military strategy.

"(G) Recommending to the Secretary appropriate trade-offs among life-cycle cost, schedule, and performance objectives to ensure that such trade-offs are made in the acquisition of materiel and equipment to meet military requirements in a manner that best supports the strategic and contingency plans required by subsection (a).".

(b) Amendments Related to JROC.--Section 181(b) of such title is amended--

(1) in paragraph (1)(C), by striking "in ensuring" and all that follows through "requirements" and inserting the following: "in ensuring that appropriate trade-offs are made among life-cycle cost, schedule, and performance objectives in the acquisition of materiel and equipment to meet military requirements"; and

(2) in paragraph (3), by striking "such resource level" and inserting "the total cost of such resources".

(c) Amendments Related Chiefs of Armed Forces.--Section 2547(a) of such title is amended--

(1) in paragraph (1), by striking "of requirements relating to the defense acquisition system" and inserting "and certification of requirements for equipping the armed force concerned";

(2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and

(3) by inserting after paragraph (2) the following new paragraphs:

"(3) The recommendation of trade-offs among life-cycle cost, schedule, and performance objectives to ensure acquisition programs to equip the armed force concerned deliver best value.

"(4) Termination of development or procurement programs that fail to meet life-cycle cost, schedule, and performance objectives.".

SEC. 952. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL HIRING FOLLOWING COMPLETION OF NATIONAL SECURITY EDUCATION PROGRAM SCHOLARSHIP.

Section 802(k) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read as follows:

"(k) Employment of Program Participants.--

"(1) Appointment authority.--The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities--

"(A) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint an eligible program participant--

"(i) to a position in the excepted service that is certified by the Secretary of Defense under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or

"(ii) subject to clause (ii) of such subsection, to a position in the excepted service in such Federal agency or office identified by the Secretary; and

"(B) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of subparagraph (A), convert the appointment of such individual, without competition, to a career or career conditional appointment.

"(2) Treatment of certain service.--In the case of an eligible program participant described in clause (ii) or (iii) of paragraph (3)(B) who receives an appointment under paragraph (1)(A), the head of a Department or Federal agency or office referred to in paragraph (1) may count any period that the individual served in a position with the Federal Government towards satisfaction of the service requirement under paragraph (1)(B) if that service--

"(A) in the case of an appointment under clause (i) of paragraph (1)(A), was in a position that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or

"(B) in the case of an appointment under clause (ii) of paragraph (1)(A), was in the Federal agency or office in which the appointment under that clause is made.

"(3) Eligible program participant defined.--In this subsection, the term 'eligible program participant' means an individual who--

"(A) has successfully completed an academic program for which a scholarship or fellowship under this section was awarded; and

"(B) at the time of the appointment of the individual to an excepted service position under paragraph (1)(A)--

"(i) under the terms of the agreement for such scholarship or fellowship, owes a service commitment to a Department or Federal agency or office referred to in paragraph (1);

"(ii) is employed by the Federal Government under a non-permanent appointment to a position in the excepted service that has national security responsibilities; or

"(iii) is a former civilian employee of the Federal Government who has less than a one- year break in service from the last period of Federal employment of such individual in a non- permanent appointment in the excepted service with national security responsibilities.".

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

Section 113(g) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(3) The Secretary of Defense shall provide an annual briefing to the congressional defense committees on the written policy guidance provided under paragraphs (1) and (2).".

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

(a) Extension.--Paragraph (1) of section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 184 note), is amended by striking "through 2012" and inserting "through 2013".

(b) Assessment Required.--The Comptroller General of the United States shall assess--

(1) the effectiveness of the Regional Centers for Security Studies in meeting the Centers' objectives and advancing the priorities of the Department of Defense;

(2) the extent to which the Centers perform a unique function within the interagency community or the extent to which there are similar or duplicative efforts within the Department of Defense or the Department of State;

(3) the measures of effectiveness and impact indicators each Regional Center uses to internally evaluate its programs;

(4) the oversight mechanisms within the Department of Defense with respect to the Regional Centers; and

(5) the costs and benefits to the Department of Defense of waiving reimbursement costs for personnel of nongovernmental organizations and international organizations to participate in activities of the Centers on an ongoing basis.

(c) Report.--Not later than March 1, 2013, the Comptroller General shall submit to the Committees on Armed Services and on Foreign Relations of the Senate and the Committees on Armed Services and on Foreign Affairs of the House of Representatives a report on the assessment required by subsection (b).

SEC. 955. NATIONAL LANGUAGE SERVICE CORPS.

(a) Charter for National Language Service Corps.--The David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the following new section:

"SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.

"(a) Establishment.--

"(1) The Secretary of Defense shall 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 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.--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. Members of the Corps may include employees of the Federal Government and of State and local governments.

"(d) Training.--The Secretary may provide members of the Corps such training as the Secretary prescribes for purposes of this section.

"(e) Service.--Upon a determination that it is in the national interests of the United States, the Secretary shall call upon members of the Corps to provide foreign language services to the Department of Defense or another department or agency of the United States.

"(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.

"(g) USERRA Applicability.--For purposes of the applicability of chapter 43 of title 38, United States Code, to a member of the Corps--

"(1) a period of active service in the Corps shall be deemed to be service in the uniformed services; and

"(2) the Corps shall be deemed to be a uniformed service.".

(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) identifying and assessing on a periodic basis the needs of the departments and agencies of the Federal Government for personnel with skills in various foreign languages;

"(B) establishing plans 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;

"(D) coordinating activities with Executive agencies and State and Local governments to develop 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; and

"(E) proposing to the Secretary regulations to carry out section 813.".

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority to Transfer Authorizations.--

(1) Authority.--Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2013 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) Limitation.--Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.

(3) Exception for transfers between military personnel authorizations.--A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.--The authority provided by subsection (a) to transfer authorizations--

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act.

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

(a) Report Required.--Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, each member of the Joint Chiefs of Staff specified in subsection (b) and the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report containing a list of the unfunded priorities for the Armed Force under the jurisdiction of that member or commander.

(b) Covered Military Service Chiefs.--The reports required by subsection (a) shall be submitted by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of the National Guard Bureau.

(c) Unfunded Priorities Defined.--In this section, the term "unfunded priorities", with respect to a report required by subsection (a) for a fiscal year, means a program or mission requirement that--

(1) has not been selected for funding in the proposed budget for the fiscal year;

(2) is necessary to fulfill a requirement associated with a combatant commander operational or contingency plan or other validated global force requirement; and

(3) the officer submitting the report would have recommended for inclusion in the proposed budget for the fiscal year had additional resources been available or had the requirement emerged before the budget was submitted.

Subtitle B--Counter-Drug Activities

SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF OF THE NATIONAL GUARD BUREAU TO ESTABLISH AND OPERATE NATIONAL GUARD COUNTERDRUG SCHOOLS.

Section 901 of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3536; 32 U.S.C. 112 note) is amended--

(1) in subsection (c)--

(A) by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and

(B) by adding at the end the following new paragraph:

"(5) The Western Regional Counterdrug Training Center, Camp Murray, Washington.";

(2) by striking subsection (f) and redesignating subsection (g) as subsection (f); and

(3) in subsection (f)(1), as so redesignated, by striking "fiscal years 2006 through 2010" and inserting "fiscal years 2013 through 2017".

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

Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by the section 1008 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1558), is further amended by striking "February 15, 2012" and inserting "February 15, 2013".

SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1558), is amended--

(1) in subsection (a), by striking "2012" and inserting "2013"; and

(2) in subsection (c), by striking "2012" and inserting "2013".

SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER- TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594; 10 U.S.C. 371 note) is amended by striking "2012" and inserting "2013".

SEC. 1015. SENSE OF CONGRESS REGARDING THE COUNTERDRUG TETHERED AEROSTAT RADAR SYSTEM PROGRAM.

(a) Findings.--Congress finds the following:

(1) Since 1992, the Air Force has administered the Counterdrug Tethered Aerostat Radar System (TARS) program, which contributes to deterring and detecting smugglers moving illicit drugs into the United States.

(2) There are eight current tethered aerostat systems, located at Yuma, Arizona, Fort Huachuca, Arizona, Deming, New Mexico, Marfa, Texas, Eagle Pass, Texas, Rio Grande City, Texas, Cudjoe Key, Florida, and Lajas, Puerto Rico.

(3) Primary customers of the surveillance data from the TARS program are the Department of Homeland Security, the United States Northern Command, the United States Southern Command, and the North American Aerospace Defense Command.

(4) In the past two years, the radars in two of the eight tethered aerostat systems have been destroyed in strong weather conditions, namely the radar at Lajas, Puerto Rico, which was destroyed in April 2011, and the radar at Marfa, Texas, which was destroyed in February 2012.

(5) The Air Force has indicated that it does not have sufficient spare parts in its inventory to replace either of these two radars or the funding necessary to purchase any new radars. As a result, there are no current plans to resume operations at Lajas, Puerto Rico or Marfa, Texas.

(6) The loss of these two tethered aerostats systems substantially degrades counterdrug capabilities in the Caribbean corridor and along the Southwest border.

(7) The loss of the tethered aerostat system in Lajas, Puerto Rico, is particularly detrimental to the national counterdrug mission. In Section 1023 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), Congress found that--

(A) "Drug traffickers use the Caribbean corridor to smuggle narcotics to the United States via Puerto Rico and the Dominican Republic. This route is ideal for drug trafficking because of its geographic expanse, numerous law enforcement jurisdictions, and fragmented investigative efforts."; and

(B) "The tethered aerostat system in Lajas, Puerto Rico, contributes to deterring and detecting smugglers moving illicit drugs into Puerto Rico. The aerostat's range and operational capabilities allow it to provide surveillance coverage of the eastern Caribbean corridor and the strategic waterway between Puerto Rico and the Dominican Republic, known as the Mona Passage.".

(8) In such section 1023, Congress expressed that

"Congress and the Department of Defense should fund the Counter-Drug Tethered Aerostat program.".

(9) In recent years, Puerto Rico and the United States Virgin Islands have been increasingly impacted by the drug trade and related violence. Both jurisdictions have homicide rates that are roughly six times the national average and about three times higher than any State, and many of these homicides are linked to the drug trade.

(10) The Department of Defense has raised questions as to whether it should continue to administer the TARS program or, alternatively, whether responsibility for this program should be vested in the Department of Homeland Security.

(b) Sense of Congress.--In light of the findings under subsection (a), it is the sense of Congress that--

(1) irrespective of whether the Department of Defense continues to be responsible for the Counterdrug Tethered Aerostat Radar System (TARS) program or such responsibility is assigned to another agency, Congress and the responsible agency should fund the TARS program; and

(2) Congress and the responsible agency should take all appropriate steps to ensure that the eight current tethered aerostat systems are fully functional and, in particular, to ensure that the TARS program is providing coverage to protect jurisdictions of the United States in the Caribbean region, as well as jurisdictions of the United States along the United States-Mexico border and in the Florida Straits.

Subtitle C--Naval Vessels and Shipyards

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

Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 303), as most recently amended by section 1015 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is amended by striking "Secretary of Defense" and all that follows through the period and inserting the following: "Secretary the Navy notifies the congressional defense committees that, as a result of a cost-benefit analysis, it would not be practical for the Navy to design the class of ships with an integrated nuclear power system.".

SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.

(a) In General.--Section 231 of title 10, United States Code, is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

"(e)(1) If the Secretary of Defense does not include with the defense budget materials for a fiscal year the plan and certification under subsection (a), the Secretary of the Navy may not use more than 50 percent of the funds described in paragraph (2) during the fiscal year in which such materials are submitted until the date on which such plan and certification are submitted to the congressional defense committees.

"(2) The funds described in this paragraph are funds made available to the Secretary of the Navy for operation and maintenance, Navy, for emergencies and extraordinary expenses.".

(b) Conforming Amendment.--Section 12304b(i) of title 10, United States Code, is amended by striking "231(e)(2)" and inserting "section 231(f)(2)".

Subtitle D--Counterterrorism

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

Congress finds the following:

(1) In 2001, Congress passed, and the President signed, the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) (hereinafter referred to as the "AUMF"), which authorized the President to "use all necessary and appropriate force" against those responsible for the attacks of September 11, 2001, and those who harbored them "in order to prevent any future acts of international terrorism against the United States".

(2) In 2004, the Supreme Court held in Hamdi v. Rumsfeld that the AUMF authorized the President to detain individuals, including a United States citizen captured in Afghanistan and later detained in the United States, legitimately determined to be "engaged in armed conflict against the United States" until the end of hostilities, noting that "[W]e understand Congress' grant of authority for the use of 'necessary and appropriate force' to include the authority to detain for the duration of the relevant conflict, and our understanding is based on longstanding law-of-war principles".

(3) The Court reaffirmed the long-standing principle of American law that a United States citizen may not be detained in the United States pursuant to the AUMF without due process of law, stating the following:

(A) "Striking the proper constitutional balance here is of great importance to the Nation during this period of ongoing combat. But it is equally vital that our calculus not give short shrift to the values that this country holds dear or to the privilege that is American citizenship.".

(B) "It is during our most challenging and uncertain moments that our Nation's commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad.".

(C) "[A] state of war is not a blank check for the President when it comes to the rights of the Nation's citizens.".

(D) "[A]bsent suspension, the writ of habeas corpus remains available to every individual detained within the United States.".

(E) "All agree suspension of the writ has not occurred here.".

(F) "[A]n enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government's factual assertions before a neutral decisionmaker.".

(G) "Whatever power the United States Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake.".

(H) "[U]nless Congress acts to suspend it, the Great Writ of habeas corpus allows the Judicial Branch to play a necessary role in maintaining this delicate balance of governance, serving as an important judicial check on the Executive's discretion in the realm of detentions.".

(I) "We reaffirm today the fundamental nature of a citizen's right to be free from involuntary confinement by his own government without due process of law, and we weigh the opposing governmental interests against the curtailment of liberty that such confinement entails.".

(4) In 2008, in Boumediene v. Bush, the Supreme Court also extended the constitutional right to habeas corpus to the foreign detainees held pursuant to the AUMF at the United States Naval Station, Guantanamo Bay, Cuba.

(5) Chapter 47A of title 10, United States Code, as originally enacted by the Military Commissions Act of 2006 (Public Law 109-366), only allows for prosecution of foreign terrorists by military commission.

(6) In 2011, with the enactment of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81), Congress and the President affirmed the authority of the Armed Forces of the United States to detain pursuant to the AUMF a person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks, or a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

(7) The interpretation of the detention authority provided by the AUMF under the National Defense Authorization Act for Fiscal Year 2012 is the same as the interpretation used by the Obama administration in its legal filings in Federal court and is nearly identical to the interpretation used by the Bush administration. This interpretation has also been upheld by the United States Court of Appeals for the District of Columbia Circuit.

(8) Such Act also requires the Secretary of Defense to regularly brief Congress regarding the application of the detention authority provided by the AUMF.

(9) Section 1021 of such Act states that "Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.".

SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS.

Congress finds the following:

(1) Article 1, section 9 of the Constitution states "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.".

(2) Regarding the Great Writ, the Supreme Court has noted

"The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.".

SEC. 1033. RIGHTS UNAFFECTED.

(a) Rule of Construction.--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 for any person who is lawfully in the United States when detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and who is otherwise entitled to the availability of such writ or such rights.

(b) Notification of Detention of Persons Under Authorization for Use of Military Force.--Not later than 48 hours after the date on which a person who is lawfully in the United States is detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), the President shall notify Congress of the detention of such person.

(c) Habeas Applications.--A person who is lawfully in the United States when detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) shall be allowed to file an application for habeas corpus relief in an appropriate district court not later than 30 days after the date on which such person is placed in military custody.

SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING TERRORISM.

(a) Extension.--Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking "September 30, 2013" and inserting "September 30, 2014".

(b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that outlines the future requirements and authorities to make rewards for combating terrorism. The report shall include--

(1) an analysis of future requirements under section 127b of title 10, United States Code;

(2) a detailed description of requirements for rewards in support of operations with allied forces; and

(3) an overview of geographic combatant commander requirements through September 30, 2014.

SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED STATES FOR CERTAIN DETAINEES REPATRIATED TO THE FEDERATED STATES OF MICRONESIA, THE REPUBLIC OF PALAU, AND THE REPUBLIC OF THE MARSHALL ISLANDS.

(a) Prohibition on Travel to the United States.--Notwithstanding any provision of the applicable Compact of Free Association described in subsection (c), an individual described in subsection (b) who has been repatriated to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau may not be afforded the rights and benefits put forth in section 141 of such applicable Compact of Free Association.

(b) Individual Described.--An individual described in this subsection is an individual who--

(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and

(2) is or was located at United States Naval Station, Guantanamo Bay, Cuba, on or after September 11, 2001, while--

(A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

(c) Applicable Compact of Free Association.--The applicable Compact of Free Association described in this subsection is--

(1) with respect to an individual repatriated to the Federal States of Micronesia, the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia as set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 48 U.S.C. 1921 note);

(2) with respect to an individual repatriated to the Republic of the Marshall Islands, the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands as set forth in section 201(b) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 48 U.S.C. 1921 note); and

(3) with respect to an individual repatriated to the Republic of Palau, the Compact of Free Association between the Government of the United States of America and the Government of Palau as set forth in section 201 of the joint resolution entitled "A Joint Resolution to approve the 'Compact of Free Association' between the United States and the Government of Palau, and for other purposes", approved November 14, 1986 (Public Law 99-658; 48 U.S.C. 1931 note).

SEC. 1036. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

None of the funds authorized to be appropriated by this Act for fiscal year 2013 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

SEC. 1037. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

(a) Certification Required Prior to Transfer.--

(1) In general.--Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise available to the Department of Defense for fiscal year 2013 to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.

(2) Exception.--Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).

(b) Certification.--A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, that--

(1) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred--

(A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;

(B) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;

(C) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;

(D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;

(E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and

(F) has agreed to share with the United States any information that--

(i) is related to the individual or any associates of the individual; and

(ii) could affect the security of the United States, its citizens, or its allies; and

(2) includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary's certifications.

(c) Prohibition in Cases of Prior Confirmed Recidivism.--

(1) Prohibition.--Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.

(2) Exception.--Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).

(d) National Security Waiver.--

(1) In general.--The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by subsection (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that--

(A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;

(B) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;

(C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and

(D) the transfer is in the national security interests of the United States.

(2) Reports.--Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:

(A) A copy of the determination and the waiver concerned.

(B) A statement of the basis for the determination, including--

(i) an explanation why the transfer is in the national security interests of the United States; and

(ii) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the subparagraph to be waived have been completely eliminated.

(C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the subparagraph or subsection to be waived.

(D) The assessment required by subsection (b)(2).

(e) Definitions.--In this section:

(1) The term "appropriate committees of Congress" means--

(A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) The term "individual detained at Guantanamo" means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--

(A) is not a citizen of the United States or a member of the Armed Forces of the United States; and

(B) is--

(i) in the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

(3) The term "foreign terrorist organization" means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General.--No amounts authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2013 may be used to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress.

(b) Exception.--The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

(c) Individual Detained at Guantanamo Defined.--In this section, the term "individual detained at Guantanamo" has the meaning given that term in section 1037(e)(2).

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

(a) Report on Factors Causing or Contributing to Recidivism.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter for five years, the Director of the Defense Intelligence Agency, in consultation with the head of each element of the intelligence community that the Director considers appropriate, shall submit to the covered congressional committees a report assessing the factors that cause or contribute to the recidivism of individuals detained at Guantanamo that are transferred or released to a foreign country, including a discussion of trends, by country and region, where recidivism has occurred.

(b) Report on Effectiveness of International Agreements.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, shall submit to the covered congressional committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report assessing the effectiveness of international agreements relating to the transfer or release of individuals detained at Guantanamo between the United States and each foreign country to which an individual detained at Guantanamo has been transferred or released.

(c) Form.--The reports required under subsections (a) and (b) shall be submitted in unclassified form, but may include a classified annex.

(d) Definitions.--In this section:

(1) Covered congressional committees.--The term "covered congressional committees" means--

(A) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.

(2) Individual detained at guantanamo.--The term "individual detained at Guantanamo" means any individual that is or was located at United States Naval Station, Guantanamo Bay, Cuba, who--

(A) is not a citizen of the United States or a member of the Armed Forces of the United States; and

(B) is or was--

(i) in the custody or under the control of the Department of Defense; or

(ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION OF INDIVIDUALS CAPTURED OUTSIDE AFGHANISTAN PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) Notice to Congress.--Not later than 5 days after first detaining an individual who is captured pursuant to the Authorization for Use of Military Force on a naval vessel outside the United States, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of the detention.

(b) Report.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of naval vessels for the detention outside the United States of any individual who is captured pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note). Such report shall include--

(A) procedures and any limitations on detaining such individuals at sea on board United States naval vessels;

(B) an assessment of any force protection issues associated with detaining such individuals on such vessels;

(C) an assessment of the likely effect of such detentions on the original mission of the naval vessel; and (D) any restrictions on long-term detention of individuals on United States naval vessels.

(2) Form of report.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN INDIVIDUALS DETAINED AT THE DETENTION FACILITY AT PARWAN, AFGHANISTAN.

(a) Notice Required.--The Secretary of Defense shall submit to the appropriate congressional committees notice in writing of the proposed transfer of any individual detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the Government of Afghanistan or of any other country. Such notice shall be provided not later than 10 days before such a transfer may take place.

(b) Additional Assessments and Certifications.--As part of the notice required under subsection (a), the Secretary shall include the following:

(1) In the case of the proposed transfer of such an individual by reason of the individual being released, an assessment of the threat posed by the individual and the security environment of the country to which the individual is to be transferred.

(2) In the case of the proposed transfer of such an individual to a country other than Afghanistan for the purpose of the prosecution of the individual, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track record of the country with respect to prosecuting similar cases, including a description of the evidence against the individual that is likely to be admissible as part of the prosecution.

(3) In the case of the proposed transfer of such an individual for reintegration or rehabilitation in a country other than Afghanistan, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track records of the country for reintegrating or rehabilitating similar individuals.

(4) In the case of the proposed transfer of such an individual to the custody of the government of Afghanistan for prosecution or detention, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track record of Afghanistan to prosecute or detain long-term such individuals.

(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY DETAINED AT THE DETENTION FACILITY AT PARWAN, AFGHANISTAN.

(a) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant congressional committees a report that--

(1) assesses recidivism rates and the factors that cause or contribute to the recidivism of individuals formerly detained at the Detention Facility at Parwan, Afghanistan, who are transferred or released, with particular emphasis on individuals transferred or released in connection with reconciliation efforts or peace negotiations; and

(2) includes a general rationale of the Commander, International Security Assistance Force, as to why such individuals were released.

(b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c) Relevant Congressional Committees Defined.--In this section, the term "relevant congressional committees" means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE TRANSFER OF INDIVIDUALS DETAINED AT GUANTANAMO TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

Section 1028 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) is amended--

(1) in subsection (a)(1)--

(A) by striking "the certification described in subsection (b) not later than 30 days before the transfer of the individual" and inserting "by not later than 90 days before the transfer each of the following;"; and

(B) by adding at the end the following new subparagraphs:

"(A) The certification described in subsection (b).

"(B) An assessment of the likelihood that the individual to be transferred will engage in terrorist activity after the transfer takes place.

"(C) A detailed summary, in classified or unclassified form, of the individual's history of associations with foreign terrorist organizations and the individual's record of cooperation while in the custody of or under the effective control of the Department of Defense."; and

(2) in subsection (d)(2)--

(A) by striking "30 days" and inserting "90 days"; and

(B) by adding at the end the following new subparagraphs:

"(E) An assessment of the likelihood that the individual to be transferred will engage in terrorist activity after the transfer takes place.

"(F) A detailed summary, in classified or unclassified form, of the individual's history of associations with foreign terrorist organizations and the individual's record of cooperation while in the custody of or under the effective control of the Department of Defense.".

Subtitle E--Nuclear Forces

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

(a) Sense of Congress.--Subsection (a) of section 1046 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1579) is amended to read as follows:

"(a) Sense of Congress.--It is the sense of Congress that--

"(1) any future modification to the nuclear weapons employment strategy, plans, and options of the United States should maintain or enhance the ability of the nuclear forces of the United States to support the goals of the United States with respect to nuclear deterrence, extended deterrence, and assurances for allies, and the defense of the United States; and

"(2) the oversight responsibility of Congress includes oversight of the nuclear weapons employment strategy, plans, and options of the United States and that therefore the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and House of Representatives, and such professional staff as they designate, should have access to the nuclear weapons employment strategy, plans, and options of the United States.".

(b) Reports on Strategy.--Section 491 of title 10, United States Code, is--

(1) transferred to chapter 24 of such title, as added by subsection (c)(1); and

(2) amended--

(A) in the heading, by inserting "weapons" after "Nuclear";

(B) by striking "nuclear employment strategy" each place it appears and inserting "nuclear weapons employment strategy";

(C) in paragraph (1)--

(i) by inserting "the" after "modifications to"; and

(ii) by inserting ", plans, and options" after "employment strategy";

(D) by inserting after paragraph (3) the following new paragraph:

"(4) the extent to which such modifications include an increased reliance on conventional or non-nuclear global strike capabilities or missile defenses of the United States.";

(E) by striking "On the date" and inserting "(a) Reports.--On the date"; and

(F) by adding at the end the following new subsection:

"(b) Annual Briefings.--Not later than March 15 of each year, the Secretary of Defense shall provide to the congressional defense committees a briefing regarding the nuclear weapons employment strategy, plans, and options of the United States.".

(c) Clerical and Conforming Amendments.--

(1) Chapter 24.--Part I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

"CHAPTER 24--NUCLEAR POSTURE

"Sec.

"491. Nuclear weapons employment strategy of the United States: modification of strategy.".

(2) Table of chapters.--The table of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 23 the following new item:

"24. Nuclear posture....................................... 491".

(3) Transfer of provisions.--

(A) Chapter 23.--Chapter 23 of title 10, United States Code, is amended as follows:

(i) Section 490a is--

(I) transferred to chapter 24 of such title, as added by paragraph (1);

(II) inserted after section 491 of such title, as added to such chapter 24 by subsection (b)(1); and

(III) redesignated as section 492.

(ii) The table of sections at the beginning of such chapter 23 is amended by striking the items relating to sections 490a and 491.

(B) FY12 ndaa.--Section 1077 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 50 U.S.C. 2514) is--

(i) transferred to chapter 24 of title 10, United States Code, as added by paragraph (1);

(ii) inserted after section 492 of such title, as added by subparagraph (A)(i);

(iii) redesignated as section 493; and

(iv) amended by striking "the date of the enactment of this Act" and inserting "December 31, 2011,".

(C) Chapter 24.--The table of sections at the beginning of chapter 24 of title 10, United States Code, as added by paragraph (1), is amended by inserting after the item relating to section 491 the following new items:

"492. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system.

"493. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States.".

(4) Conforming amendment.--Section 1041(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112- 81; 125 Stat. 1574) is amended by striking "section 490a of title 10, United States Code, as added by subsection (a)," and inserting "section 492 of title 10, United States Code,".

SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCKPILE MODERNIZATION.

(a) Findings.--Congress finds the following:

(1) In 2008, then Secretary of Defense Robert Gates warned that "to be blunt, there is absolutely no way we can maintain a credible deterrent and reduce the number of weapons in our stockpile without either resorting to testing our stockpile or pursuing a modernization program.".

(2) Secretary Gates also warned in September 2009 that modernization is a prerequisite to nuclear force reductions, stating that modernizing the nuclear capability of the United States is an "enabler of arms control and our ability to reduce the size of our nuclear stockpile. When we have more confidence in the long-term viability of our weapons systems, then our ability to reduce the number of weapons we must keep in the stockpile is enhanced.".

(3) President Obama's 2010 Nuclear Posture Review stated that--

(A) "In order to sustain a safe, secure, and effective United States nuclear stockpile as long as nuclear weapons exist, the United States must possess a modern physical infrastructure--comprised of the national security laboratories and a complex of supporting facilities."; and

(B) "[I]mplementation of the Stockpile Stewardship Program and the nuclear infrastructure investments recommended in the NPR will allow the United States to shift away from retaining large numbers of non-deployed warheads as a hedge against technical or geopolitical surprise, allowing major reductions in the nuclear stockpile. These investments are essential to facilitating reductions while sustaining deterrence under New START and beyond.".

(4) Section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549) required the President to submit a report to Congress on the plan for the nuclear weapons stockpile, nuclear weapons complex, and delivery platforms at the time a follow-on treaty to the Strategic Arms Reduction Treaty was submitted by the President to the Senate. The President submitted such report in May 2010 and submitted updates in November 2010 and February 2011.

(5) Such section 1251 also contained a sense of Congress that "the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States.".

(6) Forty-one Senators wrote to President Obama on December 15, 2009, stating, "we don't believe further reductions can be in the national security interest of the United States in the absence of a significant program to modernize our nuclear deterrent.".

(7) Former Secretary of Defense and Secretary of Energy James Schlesinger stated, while testifying before the Committee on Foreign Relations of the Senate in April 2010, "I believe that it is immensely important for the Senate to ensure, what the Administration has stated as its intent, i.e., that there be a robust plan with a continuation of its support over the full 10 years, before it proceeds to ratify this START follow- on treaty.".

(8) Former Secretary of State James Baker stated in testimony before the Committee on Foreign Relations of the Senate in May 2010 that "because our security is based upon the safety and reliability of our nuclear weapons, it is important that our Government budget enough money to guarantee that those weapons can carry out their mission.".

(9) Former Secretary of State Henry Kissinger also stated in May 2010 while testifying before the Committee on Foreign Relations of the Senate that "as part of a number of recommendations, my colleagues, Bill Perry, George Shultz, Sam Nunn, and I have called for significant investments in a repaired and modernized nuclear weapons infrastructure and added resources for the three national laboratories.".

(10) Then Secretary of Defense Robert Gates, while testifying before the Committee on Armed Services of the Senate in June 2010, stated, "I see this treaty as a vehicle to finally be able to get what we need in the way of modernization that we have been unable to get otherwise * * *. We are essentially the only nuclear power in the world that is not carrying out these kinds of modernization programs.".

(11) Secretary Gates further stated that "I've been up here for the last four springs trying to get money for this and this is the first time I think I've got a fair shot of actually getting money for our nuclear arsenal.".

(12) The Directors of the national nuclear weapons laboratories wrote to the chairman and ranking member of the Committee on Foreign Relations of the Senate in December 2010 that "We are very pleased by the update to the Section 1251 Report, as it would enable the laboratories to execute our requirements for ensuring a safe, secure, reliable and effective stockpile under the Stockpile Stewardship and Management Plan. In particular, we are pleased because it clearly responds to many of the concerns that we and others have voiced in the past about potential future-year funding shortfalls, and it substantially reduces risks to the overall program. In summary, we believe that the proposed budgets provide adequate support to sustain the safety, security, reliability and effectiveness of America's nuclear deterrent within the limit of 1,550 deployed strategic warheads established by the New START Treaty with adequate confidence and acceptable risk.".

(13) President Obama pledged, in a December 2010 letter to several Senators, "I recognize that nuclear modernization requires investment for the long-term * * *. That is my commitment to the Congress--that my Administration will pursue these programs and capabilities for as long as I am President.".

(14) Secretary Gates added in May 2011 that, "this modernization program was very carefully worked out between ourselves and the Department of Energy; and, frankly, where we came out on that played a fairly significant role in the willingness of the Senate to ratify the New START agreement.".

(15) The Administrator for Nuclear Security, Thomas D'Agostino, testified before Congress in November 2011 that, "it is critical to accept the linkage between modernizing our current stockpile in order to achieve the policy objective of decreasing the number of weapons we have in our stockpile, while still ensuring that the deterrent is safe, secure, and effective.".

(b) New START Treaty Defined.--In this subtitle, the term "New START Treaty" means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.

SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE.

(a) Sense of Congress.--It is the sense of Congress that--

(1) consistent with Condition 9 of the Resolution of Advice and Consent to Ratification of the New START Treaty of the Senate, agreed to on December 22, 2011, the United States is committed to ensuring the safety, security, reliability, and credibility of its nuclear forces; and

(2) the United States is committed to--

(A) proceeding with a robust stockpile stewardship program and maintaining and modernizing nuclear weapons production capabilities and capacities of the United States to ensure the safety, security, reliability, and credibility of the nuclear arsenal of the United States at the New START Treaty levels and meeting requirements for hedging against possible international developments or technical problems;

(B) reinvigorating and sustaining the nuclear security laboratories of the United States and preserving the core nuclear weapons competencies therein; and

(C) providing the resources needed to achieve these objectives, at a minimum at the levels set forth in the President's 10-year plan provided to Congress in November 2010 pursuant to section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549).

(b) Insufficient Funding Report and Limitation.--

(1) In general.--Paragraph (2) of section 1045(a) of the National Defense Authorization Act for Fiscal Year 2012 (50 U.S.C. 2523b) is amended to read as follows:

"(2) Insufficient funding.--

"(A) Report.--During each year in which the New START Treaty is in force, if the President determines that an appropriations Act is enacted that fails to meet the resource levels set forth in the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549) or if at any time determines that more resources are required to carry out such plan than were estimated, the President shall submit to the appropriate congressional committees, within 60 days of making such a determination, a report detailing--

"(i) a plan to remedy the resource shortfall;

"(ii) if more resources are required to carry out the plan than were estimated--

"(I) the proposed level of funding required; and

"(II) an identification of the stockpile work, campaign, facility, site, asset, program, operation, activity, construction, or project for which additional funds are required;

"(iii) any effects caused by the shortfall on the safety, security, reliability, or credibility of the nuclear forces of the United States; and

"(iv) whether and why, in light of the shortfall, remaining a party to the New START Treaty is in the national interest of the United States.

"(B) Limitation.--If the President submits a report under subparagraph (A), none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense or the National Nuclear Security Administration may be used to reduce the number of deployed nuclear warheads until--

"(i) after the date on which such report is submitted, the President certifies in writing to the appropriate congressional committees that the resource shortfall identified in such report has been addressed; and

"(ii) a period of 120 days has elapsed following the date on which such certification is made.

"(C) Exception.--The limitation in subparagraph (B) shall not apply to--

"(i) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems; or

"(ii) nuclear warheads that are retired or awaiting dismantlement on the date of the report under subparagraph (A).

"(D) Definitions.--In this paragraph:

"(i) The term 'appropriate congressional committees' means--

"(I) the congressional defense committees; and

"(II) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

"(ii) The term 'New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.".

(2) Effective date.--The amendment made by paragraph (1) shall take effect on October 1, 2012.

SEC. 1054. PROGRESS OF MODERNIZATION.

(a) Findings.--Congress finds the following:

(1) In 2008, then Secretary of Defense Robert Gates warned that "to be blunt, there is absolutely no way we can maintain a credible deterrent and reduce the number of weapons in our stockpile without either resorting to testing our stockpile or pursuing a modernization program.".

(2) The 2010 Nuclear Posture Review stated that "the President has directed a review of post-New START arms control objectives, to consider future reductions in nuclear weapons. Several factors will influence the magnitude and pace of future reductions in United States nuclear forces below New START levels", including--

(A) "First, any future nuclear reductions must continue to strengthen deterrence of potential regional adversaries, strategic stability vis-a-vis Russia and China, and assurance of our allies and partners. This will require an updated assessment of deterrence requirements; further improvements in United States, allied, and partner non-nuclear capabilities; focused reductions in strategic and non-strategic weapons; and close consultations with allies and partners. The United States will continue to ensure that, in the calculations of any potential opponent, the perceived gains of attacking the United States or its allies and partners would be far outweighed by the unacceptable costs of the response.";

(B) "Second, implementation of the Stockpile Stewardship Program and the nuclear infrastructure investments recommended in the NPR will allow the United States to shift away from retaining large numbers of non-deployed warheads as a hedge against technical or geopolitical surprise, allowing major reductions in the nuclear stockpile. These investments are essential to facilitating reductions while sustaining deterrence under New START and beyond."; and

(C) "Third, Russia's nuclear force will remain a significant factor in determining how much and how fast we are prepared to reduce United States forces. Because of our improved relations, the need for strict numerical parity between the two countries is no longer as compelling as it was during the Cold War. But large disparities in nuclear capabilities could raise concerns on both sides and among United States allies and partners, and may not be conducive to maintaining a stable, long-term strategic relationship, especially as nuclear forces are significantly reduced. Therefore, we will place importance on Russia joining us as we move to lower levels.".

(3) The 2010 Nuclear Posture Review also stated that the Administration would "conduct follow-on analysis to set goals for future nuclear reductions below the levels expected in New START, while strengthening deterrence of potential regional adversaries, strategic stability vis-a-vis Russia and China, and assurance of our allies and partners.".

(4) The Secretary of Defense has warned in testimony before the Committee on Armed Services of the House of Representatives regarding the sequestration mechanism under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 that "if this sequester goes into effect and it doubles the number of cuts, then it'll truly devastate our national defense, because it will then require that we have to go at our force structure. We will have to hollow it out * * * [i]t will badly damage our capabilities for the future * * *. And if you have a smaller force, you're not going to be able to be out there responding in as many areas as we do now.".

(5) The 2010 Nuclear Posture Review also stated that "by modernizing our aging nuclear facilities and investing in human capital, we can substantially reduce the number of nuclear weapons we retain as a hedge.".

(6) The President requested the promised $7,600,000,000 for weapons activities of the National Nuclear Security Administration in fiscal year 2012 but signed an appropriations Act for fiscal year 2012 that provided only $7,233,997,000, a substantial reduction to only the second year of the ten-year plan under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549).

(7) The President requested only $7,577,341,000 for weapons activities of the National Nuclear Security Administration in fiscal year 2013 while the President's section 1251 plan promised $7,900,000,000.

(8) The President's section 1251 plan further promised to request $8,400,000,000 in fiscal year 2014, $8,700,000,000 in fiscal year 2015, $8,900,000,000 in fiscal year 2016, at least $8,900,000,000 in fiscal year 2017, at least $9,200,000,000 in fiscal year 2018, at least $9,400,000,000 in fiscal year 2019, at least $9,400,000,000 in fiscal year 2020, and at least $9,500,000,000 in fiscal year 2021.

(9) While the administration has not yet shared with Congress the terms of reference of the so-called Nuclear Posture Review Implementation Study, or the Department of Defense's instructions for that review, the only publicly available statements by the administration, including language from the Nuclear Posture Review, suggest the review was specifically instructed by the President and his senior political appointees to only consider reductions to the nuclear forces of the United States.

(10) When asked at a hearing if the New START Treaty allowed the United States "to maintain a nuclear arsenal that is more than is needed to guarantee an adequate deterrent," then Commander of the United States Strategic Command, General Kevin P. Chilton said, "I do not agree that it is more than is needed. I think the arsenal that we have is exactly what is needed today to provide the deterrent.".

(b) Nuclear Employment Strategy.--Section 491 of title 10, United States Code, as amended by section 1051, is amended by adding after subsection (b) the following:

"(c) Limitation.--With respect to a new nuclear weapons employment strategy described in a report submitted to Congress under subsection (a), none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense may be used to implement such strategy until a period of one year has elapsed following the date on which such report is submitted to Congress.".

(c) Limitation.--During each of fiscal years 2012 through 2021, none of the funds made available for each such fiscal year for the Department of Defense may be used to carry out the results of the decisions made pursuant to the 2010 Nuclear Posture Review Implementation Study that would alter the nuclear weapons employment strategy, guidance, plans, or options of the United States until the date on which the President certifies to the congressional defense committees that--

(1) the President has included the resources necessary to carry out the February 2011 update to the report required under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549) in the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for such fiscal year;

(2) the resources described in paragraph (1) have been provided to the President in an appropriations Act; and

(3) the sequestration mechanism under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 has been repealed or the sequestration mechanism under such section for the security category has otherwise been terminated.

SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM REDUCTIONS.

(a) Findings.--Congress finds the following:

(1) The Nuclear Posture Review of 2010 said, with respect to modernizing the triad, "for planned reductions under New START, the United States should retain a smaller Triad of SLBMs, ICBMs, and heavy bombers. Retaining all three Triad legs will best maintain strategic stability at reasonable cost, while hedging against potential technical problems or vulnerabilities.".

(2) The Senate stated in Declaration 13 of the Resolution of Advice and Consent to Ratification of the New START Treaty that "In accordance with paragraph 1 of Article V of the New START Treaty, which states that, 'Subject to the provisions of this Treaty, modernization and replacement of strategic offensive arms may be carried out,' it is the sense of the Senate that United States deterrence and flexibility is assured by a robust triad of strategic delivery vehicles. To this end, the United States is committed to accomplishing the modernization and replacement of its strategic nuclear delivery vehicles, and to ensuring the continued flexibility of United States conventional and nuclear delivery systems.".

(3) The Senate required the President, prior to the entry into force of the New START Treaty, to certify to the Senate that the President intended to modernize or replace the triad of strategic nuclear delivery systems.

(4) The President made this certification in a message to the Senate on February 2, 2011, in which the President stated,

"I intend to (a) modernize or replace the triad of strategic nuclear delivery systems: a heavy bomber and air-launched cruise missile, an ICBM, and a nuclear-powered ballistic missile submarine (SSBN) and SLBM; and (b) maintain the United States rocket motor industrial base.".

(b) Limitation.--

(1) In general.--Chapter 24 of title 10, United States Code, as added by section 1051, is amended by adding at the end the following new section:

"Sec. 494. Strategic delivery system reductions

"(a) Annual Certification.--Beginning fiscal year 2013, the President shall annually certify in writing to the congressional defense committees whether plans to modernize or replace strategic delivery systems are fully resourced and being executed at a level equal to or more than the levels set forth in the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), including plans regarding--

"(1) a heavy bomber and air-launched cruise missile;

"(2) an intercontinental ballistic missile;

"(3) a submarine-launched ballistic missile;

"(4) a ballistic missile submarine; and

"(5) maintaining--

"(A) the nuclear command and control system; and

"(B) the rocket motor industrial base of the United States.

"(b) Limitation.--If the President certifies under subsection (a) that plans to modernize or replace strategic delivery systems are not fully resourced or being executed, none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense may be used to reduce, convert, or eliminate strategic delivery systems, whether deployed or nondeployed, pursuant to the New START Treaty or otherwise until a period of 120 days has elapsed following the date on which such certification is made.

"(c) Exception.--The limitation in subsection (b) shall not apply to--

"(1) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and delivery systems; or

"(2) strategic delivery systems that are retired or awaiting dismantlement on the date of the certification under subsection (a).

"(d) Definitions.--In this section:

"(1) The term 'New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.

"(2) The term 'strategic delivery system' means a delivery platform for nuclear weapons.".

(2) Clerical amendments.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"494. Strategic delivery system reductions.".

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

(a) Findings.--Congress finds the following:

(1) Then Secretary of Defense Robert Gates warned in 2008 that, "There is no way to ignore efforts by rogue states such as North Korea and Iran to develop and deploy nuclear weapons or Russian or Chinese strategic modernization programs. To be sure, we do not consider Russia or China as adversaries, but we cannot ignore these developments and the implications they have for our national security.".

(2) The 2010 Nuclear Posture Review stated that, "large disparities in nuclear capabilities could raise concerns on both sides and among United States allies and partners, and may not be conducive to maintaining a stable, long-term strategic relationship, especially as nuclear forces are significantly reduced.".

(3) The Senate stated in the Resolution of Advice and Consent to Ratification of the New START Treaty that, "It is the sense of the Senate that, in conducting the reductions mandated by the New START Treaty, the President should regulate reductions in United States strategic offensive arms so that the number of accountable strategic offensive arms under the New START Treaty possessed by the Russian Federation in no case exceeds the comparable number of accountable strategic offensive arms possessed by the United States to such an extent that a strategic imbalance endangers the national security interests of the United States.".

(4) At a hearing before the Committee on Armed Services of the House of Representatives in 2011, Secretary of Defense Leon Panetta said, with respect to unilateral nuclear reductions by the United States, "I don't think we ought to do that unilaterally--we ought to do that on the basis of negotiations with the Russians and others to make sure we are all walking the same path.".

(b) Certification.--Section 1045 of the National Defense Authorization Act for Fiscal Year 2012 (50 U.S.C. 2523b) is amended by adding at the end the following new subsection:

"(d) Prevention of Asymmetry in Reductions.--

"(1) Certification.--During any year in which the President recommends to reduce the number of nuclear weapons in the active and inactive stockpiles of the United States by a number that is greater than one percent of the number of nuclear weapons in such stockpiles, the President shall certify in writing to the congressional defense committees whether such reductions will cause the number of nuclear weapons in such stockpiles to be fewer than the number of nuclear weapons in the active and inactive stockpiles of the Russian Federation.

"(2) Limitation.--If the President certifies under paragraph (1) that the recommended number of nuclear weapons in the active and inactive stockpiles of the United States is fewer than the number of nuclear weapons in the active and inactive stockpiles of the Russian Federation, none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense or the National Nuclear Security Administration may be used to carry out any reduction to such stockpiles of the United States until--

"(A) after the date on which such certification is made, the President transmits to the congressional defense committees a report by the Commander of the United States Strategic Command, without change, detailing whether the recommended reduction would create a strategic imbalance between the total nuclear forces of the United States and the total nuclear forces of the Russian Federation; and

"(B) a period of 180 days has elapsed following the date on which such report is transmitted.

"(3) Exception.--The limitation in paragraph (2) shall not apply to--

"(A) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems; or

"(B) nuclear warheads that are retired or awaiting dismantlement on the date of the certification under paragraph (1).".

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

(a) Findings.--Congress finds the following:

(1) The Resolution of Advice and Consent to Ratification of the New START Treaty of the Senate said, "It is the sense of the Senate that if, during the time the New START Treaty remains in force, the President determines that there has been an expansion of the strategic arsenal of any country not party to the New START Treaty so as to jeopardize the supreme interests of the United States, then the President should consult on an urgent basis with the Senate to determine whether adherence to the New START Treaty remains in the national interest of the United States.".

(2) In 2011, experts testified before the Committee on Armed Services of the House of Representatives that--

(A) "Russia is modernizing every leg of its nuclear triad with new, more advanced systems", including new ballistic missile submarines, new heavy intercontinental ballistic missiles carrying up to 15 warheads each, new shorter range ballistic missiles, and new low-yield warheads; and

(B) "China is steadily increasing the numbers and capabilities of the ballistic missiles it deploys and is upgrading older ICBMs to newer, more advanced systems. China also appears to be actively working to develop a submarine-based nuclear deterrent force, something it has never had * * *. A recent unclassified Department of Defense report says that this network of tunnels could be in excess of 5,000 kilometers and is used to transport nuclear weapons and forces.".

(b) Report and Certification.--

(1) In general.--Chapter 24 of title 10, United States Code, as added by section 1051, is amended by adding at the end the following new section:

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

"(a) Report and Certification.--During any year in which the President recommends any reductions in the nuclear forces of the United States, none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense or the National Nuclear Security Administration may be used for such recommended reduction until the date on which--

"(1) the President transmits to the appropriate congressional committees a report detailing, for each country with nuclear weapons--

"(A) the number of each type of nuclear weapons possessed by such country;

"(B) the modernization plans for such weapons of such country;

"(C) the production capacity of nuclear warheads and strategic delivery systems (as defined in section 491(c) of this title) of such country; and

"(D) the nuclear doctrine of such country; and

"(2) the Commander of the United States Strategic Command certifies to the appropriate congressional committees whether such recommended reductions in the nuclear forces of the United States will--

"(A) impair the ability of the United States to address--

"(i) unplanned strategic or geopolitical events; or

"(ii) technical challenge; or

"(B) degrade the deterrence or assurance provided by the United States to friends and allies of the United States.

"(b) Form.--The reports required by subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex.

"(c) Appropriate Congressional Committees Defined.--In this section, the term 'appropriate congressional committees' means the following:

"(1) The congressional defense committees.

"(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.".

(2) The table of sections at the beginning of chapter 24 of title 10, United States Code, is amended by inserting after the item relating to section 494 the following new item:

"495. Consideration of expansion of nuclear forces of other countries.".

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

(a) Findings.--Congress finds the following:

(1) Administrator for Nuclear Security Thomas D'Agostino testified before the Committee on Armed Services of the House of Representatives in February 2008 that "Infrastructure improvements are a major part of the complex transformation plan that we have, and we've made important progress, but we have a lot more to do. Some major facilities that we have date back to World War II and cannot readily meet today's safety and security requirements. Let me give you just two quick examples, if I could. A sufficient capability to work with plutonium is an essential part of a national security enterprise and is required for as long as we retain a nuclear deterrent, and most likely even longer. Currently, we have a very small production capacity at Los Alamos, about 10 pits per year, at our TA-55 area. Our building at Los Alamos, the Chemistry and Metallurgy Research Facility, is well over 50 years old and is insufficient to support the national security requirements for the stockpile and for future national security mission areas. So, whether we continue on our existing path or move towards a replacement modern warhead-type stockpile, we still need the capacity to produce about 50 to 80 pits per year, which is less than one-tenth of our Cold War level, as well as the ability to carry out pit surveillance, which is an essential part of maintaining our stockpile.".

(2) Then Commander of the United States Strategic Command General Kevin P. Chilton also testified in February 2008 that

"When you have a responsive complex that has the capacity to flex to production as you may need it or adjust your deployed force posture in the future, should you need it--in other words, if we go to a lower number, you need to be certain that you can come back up, should the strategic environment change, and you can't necessarily without that flexible or responsive infrastructure behind it, and that's probably one of my great concerns. And then how you posture both the portion of your stockpile that you hold in reserve and your confidence in the weapons that you have deployed is very much a function of modernizing, in my view, the weapons systems that we have available today, which are, as the secretary described, of Cold War legacy design, and the associated issues with them.".

(3) The Congressional Commission on the Strategic Posture of the United States reported in May 2009, with respect to the timing of the replacement of the nuclear weapons infrastructure of the United States, that "This raises an obvious question about whether these two replacement programs might proceed in sequence rather than concurrently. There are strong arguments for moving forward concurrently. Existing facilities are genuinely decrepit and are maintained in a safe and secure manner only at high cost. Moreover, the improved production capabilities they promise are integral to the program of refurbishment and modernization described in the preceding chapter. If funding can be found for both, this would best serve the national interest in maintaining a safe, secure, and reliable stockpile of weapons in the most effective and efficient manner.".

(4) The 2010 Nuclear Posture Review states--

(A) "The National Nuclear Security Administration (NNSA), in close coordination with DoD, will provide a new stockpile stewardship and management plan to Congress within 90 days, consistent with the increases in infrastructure investment requested in the President's FY 2011 budget. As critical infrastructure is restored and modernized, it will allow the United States to begin to shift away from retaining large numbers of non-deployed warheads as a technical hedge, allowing additional reductions in the United States stockpile of non-deployed nuclear weapons over time.";

(B) "In order to sustain a safe, secure, and effective United States nuclear stockpile as long as nuclear weapons exist, the United States must possess a modern physical infrastructure--comprised of the national security laboratories and a complex of supporting facilities.";

(C) "Funding the Chemistry and Metallurgy Research Replacement Project at Los Alamos National Laboratory to replace the existing 50-year old Chemistry and Metallurgy Research facility in 2021.";

(D) "Developing a new Uranium Processing Facility at the Y-12 Plant in Oak Ridge, Tennessee to come on line for production operations in 2021.";

(E) "Without an ability to produce uranium components, any plan to sustain the stockpile, as well as support for our Navy nuclear propulsion, will come to a halt. This would have a significant impact, not just on the weapons program, but in dealing with nuclear dangers of many kinds."; and

(F) "The non-deployed stockpile currently includes more warheads than required for the above purposes, due to the limited capacity of the National Nuclear Security Administration (NNSA) complex to conduct LEPs for deployed weapons in a timely manner. Progress in restoring NNSA's production infrastructure will allow these excess warheads to be retired along with other stockpile reductions planned over the next decade.".

(5) In the memorandum of agreement between the Department of Defense and the Department of Energy concerning the modernization of the nuclear weapon stockpile of the United States dated May 3, 2010, then Secretary of Defense Robert Gates and Secretary of Energy Steven Chu agreed that "DOE Agrees to * * * increase pit production capacity * * * plan and program to ramp up to a minimum of 50-80 PPY in 2022.".

(6) The plan required under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111- 84; 123 Stat. 2549) submitted by the President states that the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility will complete construction by 2021 and will achieve full operational functionality by 2024.

(7) The Senate required that, prior to the entry into force of the New START Treaty, the President certifies to the Senate that the President intends to--

(A) accelerate to the extent possible the design and engineering phase of the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility; and

(B) request full funding, including on a multiyear basis as appropriate, for the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility upon completion of the design and engineering phase for such facilities.

(8) The President did request full funding for such facilities on February 2, 2011, when the President stated, "I intend to (a) accelerate, to the extent possible, the design and engineering phase of the Chemistry and Metallurgy Research Replacement (CMRR) building and the Uranium Processing Facility (UPF); and (b) request full funding, including on a multi-year basis as appropriate, for the CMRR building and the UPF upon completion of the design and engineering phase for such facilities.".

(b) Limitation.--Section 1045 of the National Defense Authorization Act for Fiscal Year 2012 (50 U.S.C. 2523b), as amended by section 1056(b), is amended by adding at the end the following new subsection:

"(e) CMRR and UPF.--

"(1) Annual certification.--Beginning fiscal year 2013, the President shall annually certify in writing to the congressional defense committees whether--

"(A) the construction of both the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility will be completed by not later than 2021; and

"(B) both facilities will be fully operational by not later than 2024.

"(2) Limitation.--If the President certifies under paragraph (1) that the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility will be completed by later than 2021 or be fully operational by later than 2024, none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the National Nuclear Security Administration may be used to reduce the nondeployed nuclear warheads in the nuclear weapons stockpile of the United States until a period of 120 days has elapsed following the date of such certification.

"(3) Exception.--The limitation in paragraph (2) shall not apply to--

"(A) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems; or

"(B) nuclear warheads that are retired or awaiting dismantlement on the date of the certification under paragraph (1).

"(4) Termination.--The requirement in paragraph (1) shall terminate on the date on which the President certifies in writing to the congressional defense committees that the Chemistry and Metallurgy Research Replacement building and the Uranium Processing Facility are both fully operational.".

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

(a) Sense of Congress.--It is the sense of Congress that reducing the number of nuclear warheads contained on each intercontinental ballistic missile of the United States does not promote strategic stability if at the same time other nuclear weapons states, including the Russian Federation and the People's Republic of China, are rapidly increasing the warhead-loading of their land-based missile forces.

(b) Limitation.--

(1) In general.--Chapter 24 of title 10, United States Code, as added by section 1051, is amended by adding at the end the following new section:

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

"(a) In General.--During any year in which the President proposes to reduce the number of nuclear warheads contained on an intercontinental ballistic missile of the United States, none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense or the National Nuclear Security Administration may be used for such proposed reduction if the reduction results in such missile having only a single nuclear warhead unless the President certifies in writing to the congressional defense committees that the Russian Federation and the People's Republic of China are both also carrying out a similar reduction.

"(b) Exception.--The limitation in subsection (a) shall not apply to reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems.".

(2) The table of sections at the beginning of chapter 24 of title 10, United States Code, is amended by inserting after the item relating to section 495 the following:

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

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

(a) Findings.--Congress finds the following:

(1) The NATO Strategic Concept of 2010 endorsed the continued role of nuclear weapons in the security of the NATO alliance, stating--

(A) "The supreme guarantee of the security of the Allies is provided by the strategic nuclear forces of the Alliance, particularly those of the United States; the independent strategic nuclear forces of the United Kingdom and France, which have a deterrent role of their own, contribute to the overall deterrence and security of the Allies.";

(B) "We will ensure that NATO has the full range of capabilities necessary to deter and defend against any threat to the safety and security of our populations. Therefore, we will * * * maintain an appropriate mix of nuclear and conventional forces"; and (C) "[NATO will] ensure the broadest possible participation of Allies in collective defence planning on nuclear roles, in peacetime basing of nuclear forces, and in command, control and consultation arrangements.".

(2) However, the 2010 Strategic Concept also walked away from the decades-long policy encapsulated by the 1999 Strategic Concept that said, "The presence of United States conventional and nuclear forces in Europe remains vital to the security of Europe, which is inseparably linked to that of North America.".

(3) Former Secretary of Defense William Perry said in March 2011 testimony before the Subcommittee on Strategic Forces of the Committee on Armed Services of the House of Representatives that "the reason we have nuclear weapons in Europe in the first place, is not because the rest of our weapons are not capable of deterrence, but because, during the Cold War at least, our allies in Europe felt more assured when we had nuclear weapons in Europe. That is why they were deployed there in the first place. Today the issue is a little different. The issue is the Russians in the meantime have built a large number of nuclear weapons, and we keep our nuclear weapons there as somewhat of a political leverage for dealing with an ultimate treaty in which we may get Russia and the United States to eliminate tactical nuclear weapons. My own view is it would be desirable if both the United States and Russia would eliminate tactical nuclear weapons, but I see it as very difficult to arrive at that conclusion if we were to simply eliminate all of our tactical nuclear weapons unilaterally.".

(4) During testimony before the Subcommittee on Strategic Forces of the Committee on Armed Services of the House of Representatives in July 2011--

(A) former Department of Defense official Frank Miller stated, "as long as United States allies believe that those weapons need to be there, we need to make sure that we provide that security."; and

(B) former Department of Defense official Mort Halperin stated, "I do not think we should be willing to trade our withdrawal of our nuclear weapons from Europe for some reduction, even a substantial reduction, in Russian tactical nuclear weapons because if it is * * * that the credibility of the American nuclear deterrent for our NATO allies depends on the presence of nuclear weapons in Europe, that will not change if the Russians cut their tactical nuclear arsenal by two thirds, or even eliminate it because they will still have their strategic weapons, which, while they can't have intermediate range missiles, they can find a way to target them on the NATO countries.".

(5) Section 1237(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) expressed the sense of Congress that--

(A) the commitment of the United States to extended deterrence in Europe and the nuclear alliance of NATO is an important component of ensuring and linking the national security of the United States and its European allies;

(B) the nuclear forces of the United States are a key component of the NATO nuclear alliance; and

(C) the presence of the nuclear weapons of the United States in Europe--combined with NATO's unique nuclear sharing arrangements under which non-nuclear members participate in nuclear planning and possess specially configured aircraft capable of delivering nuclear weapons--provides reassurance to NATO allies who feel exposed to regional threats.

(b) Limitation.--Chapter 24 of title 10, United States Code, as added by section 1051, is amended by adding at the end the following new section:

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

"(a) Policy on Nonstrategic Nuclear Weapons.--It is the policy of the United States--

"(1) to pursue negotiations with the Russian Federation aimed at the reduction of Russian deployed and nondeployed, nonstrategic nuclear forces;

"(2) that nonstrategic nuclear weapons should be considered when weighing the balance of the nuclear forces of the United States and the Russian Federation;

"(3) that any geographical relocation or storage of nonstrategic nuclear weapons by the Russian Federation does not constitute a reduction or elimination of such weapons;

"(4) the vast advantage of the Russian Federation in nonstrategic nuclear weapons constitutes a threat to the United States and its allies and a growing asymmetry in Western Europe; and

"(5) the forward-deployed nuclear forces of the United States are an important contributor to the assurance of the allies of the United States and constitute a check on proliferation and a tool in dealing with neighboring states hostile to NATO.

"(b) Policy on Extended Deterrence Commitment to Europe.--It is the policy of the United States that--

"(1) it maintain its commitment to extended deterrence, specifically the nuclear alliance of the North Atlantic Treaty Organization, as an important component of ensuring and linking the national security interests of the United States and the security of its European allies;

"(2) forward-deployed nuclear forces of the United States shall remain based in Europe in support of the nuclear policy and posture of NATO;

"(3) the presence of nuclear weapons of the United States in Europe--combined with NATO's unique nuclear sharing arrangements under which non-nuclear members participate in nuclear planning and possess specially configured aircraft capable of delivering nuclear weapons--contributes to the cohesion of NATO and provides reassurance to allies and partners who feel exposed to regional threats; and

"(4) only the President and Congress can articulate when and how the United States will employ the nuclear forces of the United States and no multilateral organization, not even NATO, can articulate a declaratory policy concerning the use of nuclear weapons that binds the United States.

"(c) Limitation on Reduction, Consolidation, or Withdrawal of Nuclear Forces Based in Europe.--In light of the policy expressed in subsections (a) and (b), none of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense may be used to effect or implement the reduction, consolidation, or withdrawal of nuclear forces of the United States that are based in Europe unless--

"(1) the reduction, consolidation, or withdrawal of such nuclear forces is requested by the government of the host nation in the manner provided in the agreement between the United States and the host nation regarding the forces;

"(2) the President certifies that--

"(A) NATO member states have considered the reduction, consolidation, or withdrawal in the High Level Group;

"(B) NATO has decided to support such reduction, consolidation, or withdrawal;

"(C) the remaining nuclear forces of the United States that are based in Europe after such reduction, consolidation, or withdrawal would provide a commensurate or better level of assurance and credibility as before such reduction, consolidation, or withdrawal; and

"(D) there has been reciprocal action by the Russian Federation, not including the Russian Federation relocating nuclear forces from one location to another; or

"(3) the reduction, consolidation, or withdrawal of such nuclear forces is specifically authorized by an Act of Congress.

"(d) Notification.--Upon any decision to reduce, consolidate, or withdraw the nuclear forces of the United States that are based in Europe, the President shall submit to the appropriate congressional committees a notification containing--

"(1) the certification required by paragraph (2) of subsection (c) if such reduction, consolidation, or withdrawal is based upon such paragraph;

"(2) justification for such reduction, consolidation, or withdrawal; and

"(3) an assessment of how NATO member states, in light of such reduction, consolidation, or withdrawal, assess the credibility of the deterrence capability of the United States in support of its commitments undertaken pursuant to article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964).

"(e) Notice and Wait Requirement.--The President may not commence a reduction, consolidation, or withdrawal of the nuclear forces of the United States that are based in Europe for which the certification required by subsection (c)(2) is made until the expiration of a 180-day period beginning on the date on which the President submits the notification under subsection (d) containing the certification.

"(f) Appropriate Congressional Committees.--In this section, the term 'appropriate congressional committees' means--

"(1) the Committees on Armed Services of the House of Representatives and the Senate; and

"(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.".

(c) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 10, United States Code, is amended by inserting after the item relating to section 496 the following:

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

SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.

Section 179 of title 10, United States Code, is amended--

(1) in subsection (b)(3), by adding at the end the following: "Not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting."; and

(2) in subsection (d)--

(A) in paragraph (2), by inserting "and alternatives" before the period;

(B) in paragraph (3), by inserting "and approving" after "Coordinating";

(C) in paragraph (7)--

(i) by striking "broad" and inserting "specific"; and

(ii) by inserting before the period the following: "and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration"; and

(D) by adding at the end the following new paragraph:

"(11) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration, including before such proposals are submitted to--

"(A) the Director of the Office of Management and Budget;

"(B) the President; and

"(C) Congress under section 1105 of title 31.".

SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY OF THE NATIONAL LABORATORIES.

(a) Establishment.--Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 188. Interagency Council on the Strategic Capability of the National Laboratories

"(a) Establishment.--There is an Interagency Council on the Strategic Capability of the National Laboratories (in this section referred to as the 'Council').

"(b) Membership.--The membership of the Council is comprised of the following:

"(1) The Secretary of Defense.

"(2) The Secretary of Energy.

"(3) The Secretary of Homeland Security.

"(4) The Director of National Intelligence.

"(5) The Administrator for Nuclear Security.

"(6) Such other officials as the President considers appropriate.

"(c) Structure and Procedures.--The President may determine the chair, structure, staff, and procedures of the Council.

"(d) Responsibilities.--The Council shall be responsible for the following matters:

"(1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support national security missions.

"(2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national laboratories for supporting national security missions throughout the Federal Government.

"(3) Establishing and overseeing means of ensuring that--

"(A) capabilities identified by the Council under paragraph (1) are sustained to an appropriate level; and

"(B) each participating agency provides the appropriate level of institutional support to sustain such capabilities.

"(4) In accordance with acquisition rules regarding federally funded research and development centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, including the identification of appropriate mission areas and capabilities.

"(5) Making recommendations to the President and Congress regarding regulatory or statutory changes needed to better support--

"(A) the strategic capabilities of the national laboratories; and

"(B) the use of such laboratories by each participating agency.

"(6) Other actions the Council considers appropriate with respect to--

"(A) the sustainment of the national laboratories; and

"(B) the use of the strategic capabilities of such laboratories.

"(e) Streamlined Process.--With respect to the participating agency for which a member of the Council is the head of, each member of the Council shall--

"(1) establish processes to streamline the consideration and approval of procuring the services of the national laboratories on appropriate matters; and

"(2) ensure that such processes are used in accordance with the criteria established under subsection (d)(4).

"(f) Definitions.--In this section:

"(1) The term 'participating agency' means a department or agency of the Federal Government that is represented on the Council by a member under subsection (b).

"(2) The term 'national laboratories' means--

"(A) each national security laboratory (as defined in section 3281(1) of the National Nuclear Security Administration Act (50 U.S.C. 2471(1))); and

"(B) each national laboratory of the Department of Energy.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 187 the following new item:

"188. Interagency Council on the Strategic Capability of the National Laboratories.".

(c) Report.--

(1) In general.--Not later than July 1, 2013, the Interagency Council on the Strategic Capability of the National Laboratories under section 188 of title 10, United States Code, as added by subsection (a), shall submit to the appropriate congressional committees a report describing and assessing the following:

(A) The actions taken to implement the requirements of such section 188 and the charter titled "Governance Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security Assets" signed by the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence in July 2010.

(B) The effectiveness of the Council in accomplishing the purpose and objectives of such section and such Charter.

(C) Efforts to strengthen work-for-others programs at the national laboratories.

(D) Efforts to make work-for-others opportunities more cost-effective.

(E) Ongoing and planned measures for increasing cost-sharing and institutional support investments from other agencies.

(F) Any regulatory or statutory changes recommended to improve the ability of such other agencies to leverage expertise and capabilities at such laboratories.

(2) Appropriate congressional committees.--In this subsection, the term "appropriate congressional committees" means the following:

(A) The congressional defense committees.

(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(C) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(D) The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(E) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(d) Construction.--Nothing in section 188 of title 10, United States Code, as added by subsection (a), shall be construed to limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 189).

SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL AND NUCLEAR FORCES AGAINST CERTAIN TUNNEL SITES.

(a) Report.--Not later than one year after the date of the enactment of this Act, the Commander of the United States Strategic Command shall submit to the appropriate congressional committees a report on the underground tunnel network used by the People's Republic of China with respect to the capability of the United States to use conventional and nuclear forces to neutralize such tunnels and what is stored within such tunnels.

(b) Form.--The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c) Appropriate Congressional Committees.--In this section, the term "appropriate congressional committees" means the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE WESTERN PACIFIC REGION.

(a) Sense of Congress.--Congress--

(1) supports steps taken by the President to--

(A) reinforce the security of the allies of the United States; and

(B) strengthen the deterrent capability of the United States against the illegal and increasingly belligerent actions of North Korea; and

(2) encourages further steps, including such steps to deploy additional conventional forces of the United States and redeploy tactical nuclear weapons to the Western Pacific region.

(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability, including a forward-deployed nuclear capability, of the United States in response to the ballistic missile and nuclear weapons developments of North Korea and the other belligerent actions North Korea has made against allies of the United States. The report shall include an evaluation of any bilateral agreements, basing arrangements, and costs that would be involved with such additional deployments.

SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL.

It is the sense of Congress that the nuclear force structure of the United States should be periodically reexamined, through nuclear posture reviews, to assess assumptions that shape the structure, size, and targeting of the nuclear forces of the United States and to ensure that such forces are structured, sized, and targeted--

(1) to be capable of holding at risk the assets that potential adversaries value; and

(2) to provide robust extended deterrence and assurance to allies of the United States.

SEC. 1065A. BUDGET REQUIREMENTS ASSOCIATED WITH SUSTAINING AND MODERNIZING THE NUCLEAR DETERRENT.

Section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576) is amended--

(1) in subsection (a)--

(A) in paragraph (2), by amending subparagraph (F) to read as follows:

"(F) In accordance with paragraph (3), a detailed estimate of the budget requirements associated with sustaining and modernizing the nuclear deterrent of the United States and the nuclear weapons stockpile of the United States, including the costs associated with the plans outlined under subparagraphs (A) through (E), over the 10-year period following the date of the report, including the applicable and appropriate costs associated with--

"(i) training;

"(ii) basing;

"(iii) security;

"(iv) testing;

"(v) research;

"(vi) development;

"(vii) deployment;

"(viii) transportation;

"(ix) personnel;

"(x) overhead; and

"(xi) other appropriate matters."; and

(B) by adding at the end the following new paragraph:

"(3) Detailed budget estimate contents.--Each budget estimate under paragraph (2)(F) shall include a detailed description of the matters included in such estimate, the rationale for including such matters, and the cost listed by location. Such costs listed by location shall be submitted in the form of a classified annex in accordance with subsection (b)."; and

(2) by adding at the end the following new subsection:

"(c) Comptroller General.--The Comptroller General of the United States shall--

"(1) review each report under subsection (a) for accuracy and completeness with respect to the matters described in paragraphs (2)(F) and (3) of such subsection; and

"(2) not later than 180 days after the date on which such report under subsection (a) is submitted, submit to the congressional defense committees a summary of each such review.".

SEC. 1065B. PROHIBITION ON UNILATERAL REDUCTION OF NUCLEAR WEAPONS OF THE UNITED STATES.

(a) In General.--Chapter 24 of title 10, United States Code, as added by section 1051, is amended by adding at the end the following:

"Sec. 498. Prohibition on unilateral reduction of nuclear weapons

"The President may not retire, dismantle, or eliminate, or prepare to retire, dismantle, or eliminate, any nuclear weapon of the United States (including such deployed weapons and nondeployed weapons and warheads in the nuclear weapons stockpile) if such action would reduce the number of such weapons to a number that is less than the level described in the New START Treaty (as defined in section 130f(c) of this title) unless such action is--

"(1) required by a treaty or international agreement specifically approved with the advice and consent of the Senate pursuant to Article II, section 2, clause 2 of the Constitution; or

"(2) specifically authorized by an Act of Congress.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"498. Prohibition on unilateral reduction of nuclear weapons.".

SEC. 1065C. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF STRATEGIC DELIVERY SYSTEMS.

(a) Limitation.--Chapter 24 of title 10, United States Code, is amended by adding at the end the following:

"Sec. 498. Commensurate strategic delivery system reductions

"(a) Limitation on New START Reductions.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to reduce, convert, or decommission any strategic delivery system pursuant to the levels set forth for such systems under the New START Treaty unless the President certifies to the congressional defense committees that--

"(1) the Russian Federation must make a commensurate reduction, conversion, or decommissioning pursuant to the levels set forth under such treaty; and

"(2) the Russian Federation is not developing or deploying a strategic delivery system that is--

"(A) not covered under the limits set forth under such treaty; and

"(B) capable of reaching the United States.

"(b) Limitation on Triad Reductions.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to reduce, convert, or decommission any strategic delivery system if such reduction, conversion, or decommissioning would eliminate a leg of the nuclear triad.

"(c) Definitions.--In this section:

"(1) The term 'New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.

"(2) The term 'strategic delivery system' means the following delivery platforms for nuclear weapons:

"(A) Land-based intercontinental ballistic missiles.

"(B) Submarine-launched ballistic missiles and associated ballistic missile submarines.

"(C) Nuclear-certified strategic bombers.

"(3) The term 'triad' means the nuclear deterrent capabilities of the United States composed of the strategic delivery systems.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 497 the following new item:

"498. Commensurate strategic delivery system reductions.".

Subtitle F--Studies and Reports

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

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a briefing assessing the use of electromagnetic spectrum by the Department of Defense, including--

(1) a comparison of the actual and projected cost impact, time required to plan and implement, and policy implications of electromagnetic spectrum reallocations made since the enactment of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66, 107 Stat. 312);

(2) an identification of critical electromagnetic spectrum assignments where there is use by the Department of Defense that--

(A) cannot be eliminated, relocated, consolidated in other electromagnetic spectrum bands, or for which there is no commercial or non-spectrum alternative, including a detailed explanation of why that is the case; and

(B) can be eliminated, relocated, consolidated in other electromagnetic spectrum bands, or for which there is a commercial or non-spectrum alternative, including frequency of use, time necessary to relocate or consolidate to another electromagnetic spectrum band, and operational and cost impacts; and

(3) an analysis of the research being conducted by the Department of Defense in electromagnetic spectrum-sharing and other dynamic electromagnetic spectrum access technologies, including maturity level, applicability for spectrum relocation or consolidation, and potential costs for continued development or implementation.

SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT OF DEFENSE.

(a) Guidance Required.--Not later than January 1, 2013, the Secretary of Defense shall review and update Department of Defense guidance related to electronic warfare to ensure that oversight roles and responsibilities within the Department related to electronic warfare policy and programs are clearly defined. Such guidance shall clarify, as appropriate, the roles and responsibilities related to the integration of electronic warfare matters and cyberspace operations.

(b) Plan Required.--Not later than January 1, 2013, the Commander of the United States Strategic Command shall update and issue guidance regarding the responsibilities of the Command with regard to joint electronic warfare capabilities. Such guidance shall--

(1) define the role and objectives of the Joint Electromagnetic Spectrum Control Center or any other center established in the Command to provide governance and oversight of electronic warfare matters; and

(2) include an implementation plan outlining tasks, metrics, and timelines to establish such a center.

(c) Additional Reporting Requirements.--Section 1053(b)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2459) is amended--

(1) in subparagraph (B), by striking "; and" and inserting a semicolon;

(2) in subparagraph (C), by striking the period and inserting a semicolon; and

(3) by adding at the end the following new subparagraphs:

"(D) performance measures to guide the implementation of such strategy;

"(E) an identification of resources and investments necessary to implement such strategy; and

"(F) an identification of the roles and responsibilities within the Department to implement such strategy.".

SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND LIMITATIONS.

(a) Report Required.--Not later than March 1, 2013, the Secretary of Defense shall provide to the congressional defense committees a report outlining operational capabilities, limitations, and shortfalls within the Department of Defense with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces.

(b) Elements.--The report required under subsection (a) shall include each of the following elements:

(1) An overview of current capabilities and limitations.

(2) An overview and assessment of current and future training requirements and gaps.

(3) An assessment of technical capability gaps.

(4) An assessment of interagency coordination capabilities and gaps.

(5) An outline of current and future proliferation and weapons of mass destruction threats, including critical intelligence gaps.

(6) An assessment of current international bilateral and multilateral partnerships and the limitations of such partnerships, including an assessment of existing authorities to build partnership capacity in this area.

(7) A description of efforts to address the limitations and gaps referred to in paragraphs (1) through (6), including timelines and requirements to address such limitations and such gaps.

(8) Any other matters the Secretary considered appropriate.

SEC. 1069. REPORT ON COMMUNICATIONS FROM CONGRESS ON STATUS OF MILITARY CONSTRUCTION PROJECTS.

(a) Report Required.--The Secretary of Defense shall submit to Congress a report describing any letters from Congress (including a committee of the Senate or the House of Representatives, a member of Congress, an officer of Congress, or a congressional staff member) received by the Department of Defense that refers to or requests information on the status of a military construction project on the future-years defense program.

(b) Deadline.--The report required by subsection (a) shall be submitted not later than one year after the date of the enactment of this Act.

SEC. 1070. FEDERAL MORTUARY AFFAIRS ADVISORY COMMISSION.

(a) Establishment.--There is established a Federal Mortuary Affairs Advisory Commission.

(b) Purpose.--The purpose of the Commission shall be to advise the President, the Secretary of Defense, the Secretary of Veterans Affairs, and Congress on the best practices for casualty notification, family support, and mortuary affairs operations so as to ensure prompt notification and compassionate and responsive support for families who have lost servicemembers, and for the honorable and dignified disposition of the remains of fallen servicemembers.

(c) Scope.--Within the Department of Defense and the Department of Veterans Affairs, the Commission shall examine, on an ongoing basis, all matters that encompass the notification of family members on the death of a servicemember in said family; all family support programs, policies, and procedures designed to assist affected families; and all aspects of mortuary affairs operations, including the final disposition of fallen servicemembers.

(d) Composition.--

(1) Members.--The Commission shall consist of 13 members, appointed as follows:

(A) One member appointed by the President of the United States.

(B) One member appointed by the Speaker of the House of Representatives.

(C) One member appointed by the Minority Leader of the House of Representatives.

(D) One member appointed by the Majority Leader of the Senate.

(E) One member appointed by the Minority Leader of the Senate.

(F) One member appointed by the Chairman of the House Committee on Veterans Affairs.

(G) One member appointed by the Ranking Member of the House Committee on Veterans Affairs.

(H) One member appointed by the Chairman of the House Committee on Armed Services.

(I) One member appointed by the Ranking Member of the House Committee on Armed Services.

(J) One member appointed by the Chairman of the Senate Committee on Veterans Affairs.

(K) One member appointed by the Ranking Member of the Senate Committee on Veterans Affairs.

(L) One member appointed by the Chairman of the Senate Committee on Armed Services.

(M) One member appointed by the Chairman of the Senate Committee on Armed Services.

(2) Term.--Each member shall serve a term of three years.

(3) Meetings and quorum.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Seven members of the Commission shall constitute a quorum.

(4) Chairman and vice chairman.--Upon convening for its first meeting, the Commission members shall elect by majority vote a chairman and vice chairman of the Commission.

(5) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(e) Qualifications.--

(1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party.

(2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government.

(3) Other qualifications.--At least four individuals appointed to the Commission should include family members who have direct experience dealing with the loss of a servicemember that involved interactions with the Dover Port Mortuary. At least three individuals should have extensive private or public sector experience in mortuary science, operations, procedures, and decorum.

(f) Duration.--The Commission shall have a 5 year duration, beginning after the last member of the Commission is appointed.

(g) Meetings and Reports.--The Commission shall hold regular public meetings, notification of which shall appear in the Federal Register and on the Commission's website. Not less than annually, the Commission shall provide a written report to the President, the Secretary of Defense, the Secretary of Veterans Affairs, and Congress on--

(1) recommendations for improving casualty notification, family support, and remains disposition; and

(2) progress, or lack thereof, by the Department of Defense and the Department of Veterans Affairs in acting upon prior recommendations of the Commission. Said report shall also be posted on the Commission's website for public inspection.

(h) Information From Federal Agencies.--

(1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, Commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, Commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommission created by a majority of the Commission, or any member designated by a majority of the Commission.

(2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.

(i) Assistance From Federal Agencies.--

(1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions.

(2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.

(j) Staff of Commission.--

(1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2) Personnel as federal employees.--

(A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

(B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission.

(3) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

(4) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(k) Compensation and Travel Expenses.--

(1) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.

(2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.

SEC. 1070A. REPORT ON MANUFACTURING INDUSTRY.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report assessing the manufacturing industry of the United States. The report shall include, at a minimum, the following:

(1) An assessment of the current manufacturing capacity of the United States as it relates to the ability of the United States to respond to both civilian and defense needs.

(2) An assessment of the tax, trade, and regulatory policies of the United States as such policies impact the growth of the manufacturing industry in the United States.

(3) An analysis of the factors leading to the increased outsourcing of manufacturing processes to foreign nations.

(4) An analysis of the strength of the United States defense industrial base, including the security and stability of the supply chain and an assessment of the vulnerabilities of that supply chain.

SEC. 1070B. REPORT ON LONG-TERM COSTS OF OPERATION NEW DAWN, OPERATION ENDURING FREEDOM, AND OTHER CONTINGENCY OPERATIONS.

(a) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of the long-term costs of Operation New Dawn and Operation Enduring Freedom for each the following scenarios:

(1) The scenario in which the number of members of the Armed Forces deployed in support of Operation Enduring Freedom is reduced from roughly 90,000 in 2012 to 67,000 in 2013, and 50,000 by the beginning of 2014, and remains at 50,000 through 2020.

(2) The scenario in which the number of members of the Armed Forces deployed in support of Operation Enduring Freedom is reduced from roughly 90,000 in 2012 to 60,000 in 2013, and 30,000 by the beginning of 2014, and remains at 30,000 through 2020.

(3) An alternative scenario, determined by the President and based on current contingency operation and withdrawal plans, which takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom.

(b) Estimates to Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2020, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following:

(1) The total number of members of the Armed Forces expected to be deployed in support of Operation Enduring Freedom, and Operation Odyssey Dawn, including--

(A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn;

(B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn; and

(C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components.

(2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn and who are expected to serve multiple deployments.

(3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn.

(4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries.

(5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

(6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq, Afghanistan, and Libya, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs.

(7) The total number of members of the Armed Forces who have been killed or wounded in Iraq, Afghanistan, or Libya, including noncombat casualties, the total number of members expected to suffer injuries in Iraq, Afghanistan, and Libya, and the total number of members expected to be killed in Iraq, Afghanistan, and Libya, including noncombat casualties.

(8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations.

(9) Current and future operational expenditures associated with Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn including--

(A) funding for combat operations;

(B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs);

(C) activation and deployment of members of the reserve components of the Armed Forces;

(D) equipping and training of Iraqi and Afghani forces;

(E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn; and

(F) payments to other countries for logistical assistance in support of such operations.

(10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn.

(11) Average annual cost for each member of the Armed Forces deployed in support of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs.

(12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses.

(13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn.

(14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan.

(15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Iraq and Afghanistan.

(16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, and Operation Odyssey Dawn--

(A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and

(B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service.

(17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn.

(18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn.

(19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation New Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind.

(20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation New Dawn or Operation Enduring Freedom.

(21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn, and the sources of that money.

(22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn.

Subtitle G--Miscellaneous Authorities and Limitations

SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS.

Section 1062(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4363) is amended--

(1) in paragraph (1)(B), by striking "; or" and inserting a semicolon;

(2) in paragraph (2), by striking "others." and inserting "others; or"; and

(3) by adding at the end the following new paragraph:

"(3) authorize a mental health professional that is a member of the Armed Forces or a civilian employee of the Department of Defense or a commanding officer to inquire if a member of the Armed Forces plans to acquire, or already possesses or owns, a privately-owned firearm, ammunition, or other weapon, if such mental health professional or such commanding officer has reasonable grounds to believe such member is at high risk for suicide or causing harm to others.".

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

Section 4683(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(3)(A) In order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, if the Secretary determines appropriate, the Secretary may--

"(i) loan or donate excess small arms to an eligible organization;

"(ii) authorize an eligible organization to retain small arms other than M-1 rifles; or

"(iii) if excess small arms stock is insufficient to meet organizational requirements, prescribe policies and procedures to establish a rotational loan program based on the needs of eligible organizations.

"(B) Nothing in this paragraph shall be construed to supersede any Federal law or regulation governing the use or ownership of firearms.

"(C) The Secretary may not delegate the authority under this paragraph.".

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

(a) Prohibition.--None of the funds authorized to be appropriated by this Act may be used for manufacturing production beyond the greater of low-rate initial production or 1000 units at a prototype integration facility of any of the following components of the Army Research, Development, and Engineering Command:

(1) The Armament Research, Development, and Engineering Center.

(2) The Aviation and Missile Research, Development, and Engineering Center.

(3) The Communications-Electronics Research, Development, and Engineering Center.

(4) The Tank Automotive Research, Development, and Engineering Center.

(b) Waiver.--The Assistant Secretary of the Army for Acquisition, Logistics, and Technology may waive the prohibition under subsection (a) for a fiscal year if--

(1) the Assistant Secretary determines that the waiver is necessary--

(A) for reasons of national security; or (B) to rapidly acquire equipment to respond to combat emergencies; and

(2) the Assistant Secretary submits to Congress a notification of the waiver together with the reasons for the waiver.

(c) Low-rate Initial Production.--For purposes of this section, the term "low-rate initial production" shall be determined in accordance with section 2400 of title 10, United States Code.

SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT SYSTEMS.

(a) Findings on Joint Department of Defense-Federal Aviation Administration Executive Committee on Conflict and Dispute Resolution.--Section 1036(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4596) is amended by adding at the end the following new paragraph:

"(9) Collaboration of scientific and technical personnel and sharing resources from the Department of Defense, Federal Aviation Administration, and National Aeronautics and Space Administration can advance an enduring relationship of research capability to advance the access of unmanned aircraft systems of the Department of Defense to the National Airspace System.".

(b) Interagency Collaboration.--

(1) In general.--The Secretary of Defense shall collaborate with the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 126 Stat. 72).

(2) Activities in support of plan on access to national airspace for unmanned aircraft systems.--Collaboration under paragraph (1) may include research and development of scientific and technical issues, equipment, and technology in support of the plan to safely accelerate the integration of unmanned aircraft systems as required by subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 126 Stat. 72).

(3) Nonduplicative efforts.--If the Secretary of Defense determines it is in the interest of the Department of Defense, the Secretary may use existing aerospace-related laboratories, personnel, equipment research radars, and ground facilities of the Department of Defense to avoid the duplication of efforts in carrying out collaboration under paragraph (1).

(4) Reports.--

(A) Requirement.--The Secretary of Defense, on behalf of the UAS Executive Committee, shall annually submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of collaborative research activity, including--

(i) the progress on accomplishing the goals of the unmanned aircraft systems research, development, and demonstration roadmap of the Next Generation Air Transportation System Joint Planning and Development Office of the Federal Aviation Administration; and

(ii) estimates of long-term funding needs.

(B) Termination.--The requirement to submit a report under subparagraph (A) shall terminate on the date that is five years after the date of the enactment of this Act.

(c) UAS Executive Committee Defined.--In this section, the term "UAS Executive Committee" means the Department of Defense-Federal Aviation Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4596) established by the Secretary of Defense and the Administrator of the Federal Aviation Administration.

SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT AMBUSH- PROTECTED VEHICLES AND SPARE PARTS.

(a) Authority.--The Secretary of Defense is authorized to transfer surplus Mine-Resistant Ambush-Protected vehicles, including spare parts for such vehicles, to non-profit United States humanitarian demining organizations for purposes of demining activities and training of such organizations.

(b) Terms and Conditions.--Any transfer of vehicles or spare parts under subsection (a) shall be subject to the following terms and conditions:

(1) The transfer shall be made on a loan basis.

(2) The costs of operation and maintenance of the vehicles shall be borne by the recipient organization.

(3) Any other terms and conditions as the Secretary of Defense determines to be appropriate.

(c) Notification.--The Secretary of Defense shall notify the congressional defense committees in writing not less than 60 days before making any transfer of vehicles or spare parts under subsection (a). Such notification shall include the name of the organization, the number and model of the vehicle to be transferred, a listing of any spare parts to be transferred, and any other information the Secretary considers appropriate.

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

(a) In General.--Except as provided by section 135, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Army or the Air Force may be used during fiscal year 2013 to divest, retire, or transfer, or prepare to divest, retire, or transfer, any--

(1) C-23 aircraft of the Army assigned to the Army as of May 31, 2012; or (2) aircraft of the Air Force assigned to the Air Force as of May 31, 2012.

(b) Waiver.--The Secretary of Defense may waive the limitation in subsection (a) if--

(1) the Secretary submits to the congressional defense committees written certification that such a waiver is necessary to meet an emergency national security requirement; and (2) a period of 15 days has elapsed following the date on which such certification is submitted.

(c) Report.--

(1) In general.--Not later than March 1, 2013, the Secretary of Defense shall submit to the congressional defense committees a report by the Chief of the National Guard Bureau, the Chief of Staff of the Air Force, and the Chief of Staff of the Army and approved by the Secretary of Defense that specifies, with respect to all aircraft proposed to be retired during fiscal years 2013 through 2017--

(A) the economic analysis used to make each realignment decision with respect to such aircraft of the National Guard and Air Force Reserve;

(B) alternative options considered for each such realignment decision, including an analysis of such options;

(C) the effect of each such realignment decision on--

(i) the current personnel at the location; and (ii) the missions and capabilities of the Army; and

(D) the plans for each location that is being realigned, including the analysis used for such plans.

(2) GAO analysis.--The Comptroller General of the United States shall carry out the following:

(A) An economic analysis of the realignment decisions made by the Secretary of Defense with respect to the aircraft of the National Guard and Air Force Reserve described in paragraph (1)(A).

(B) An analysis of the alternative options considered for each such realignment decision.

(C) An analysis of the effect of each such realignment decision on--

(i) the current personnel at the location; and (ii) the missions and capabilities of the Army; and

(D) An analysis of the plans described in paragraph (1)(D).

(3) Cooperation.--The Secretary of Defense shall provide the Comptroller General with relevant data and cooperation to carry out the analyses under paragraph (2).

(4) Submittal.--Not later than 90 days after the date on which the Secretary submits the report under paragraph (1), the Comptroller General shall submit to the congressional defense committees a report containing the analyses conducted under paragraph (2).

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

(a) Inclusion of Civilian Employees in Current Prohibition on Restricting Communication.--Paragraph (1) of subsection (a) of section 1034 of title 10, United States Code, is amended by inserting "or civilian employee of the Department of Defense" after "member of the armed forces".

(b) Prohibition on Using Nondisclosure Agreements to Restrict Communication.--Such subsection is further amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph:

"(2)(A) The prohibition imposed by paragraph (1) precludes the use of a nondisclosure agreement with a member of the armed forces or a civilian employee of the Department of Defense to restrict the member or employee in communicating with a Member of Congress or an Inspector General.

"(B) Subparagraph (A) does not prevent the use of nondisclosure agreements to prevent the disclosure of--

"(i) deliberations regarding the closure or realignment of a military installation under a base closure law;

"(ii) commercial proprietary information; and

"(iii) classified information the level of which exceeds the clearance held by the requestor.".

SEC. 1078. AUTHORITY FOR CORPS OF ENGINEERS TO CONSTRUCT PROJECTS CRITICAL TO NAVIGATION SAFETY.

The Secretary of the Army, acting through the Chief of Engineers, may accept non-Federal funds and use such funds to construct a navigation project that has not been specifically authorized by law if--

(1) the Secretary has received a completed Chief of Engineers' report for the project;

(2) the project is fully funded by non-Federal sources using non-Federal funds; and

(3) the Secretary finds that the improvements to be made by the project are critical to navigation safety.

SEC. 1079. REVIEW OF AIR NATIONAL GUARD COMPONENT NUMBERED AIR FORCE AUGMENTATION FORCE.

(a) Review.--

(1) In general.--The Secretary of the Air Force shall conduct a review of the decision of the Secretary to cancel or consolidate the Air National Guard Component Numbered Air Force Augmentation Force.

(2) Matters included.--The review under paragraph (1) shall include the following:

(A) An explanation of how the Secretary determined which Air National Guard Augmentation Units would be retired or relocated during fiscal year 2013.

(B) A description of the methodologies underlying such determinations, including the factors and assumptions that shaped the specific determinations.

(C) The rationale for selecting Augmentation Units to be retired or relocated with respect to such Units of the Air National Guard.

(D) An explanation of how such consolidation or relocation affects national security.

(E) Details of the costs incurred, avoided, or saved with respect to consolidation or relocation of Augmentation Units.

(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the review conducted under subsection (a)(1).

(c) Comptroller General Review.--Not later than 60 days after the date on which the report is submitted under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees a review of such report.

Subtitle H--Other Matters

SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW PANEL.

(a) Bipartisan Independent Strategic Review Panel.--

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

"Sec. 119b. Bipartisan independent strategic review panel

"(a) Establishment.--There is established a bipartisan independent strategic review panel (in this section referred to as the 'Panel') to conduct a regular review of the national defense strategic environment of the United States and to conduct an independent assessment of the quadrennial defense review required under section 118.

"(b) Membership.--

"(1) Appointment.--The Panel shall be composed of 12 members from civilian life with a recognized expertise in national security matters who shall be appointed as follows:

"(A) Four members shall be appointed by the Secretary of Defense, of whom not more than three members shall be of the same political party.

"(B) Two members shall be appointed by the chair of the Committee on Armed Services of the House of Representatives.

"(C) Two members shall be appointed by the chair of the Committee on Armed Services of the Senate.

"(D) Two members shall be appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives.

"(E) Two members shall be appointed by the ranking minority member of the Committee on Armed Services of the Senate.

"(2) Initial members: appointment date and term of service.--

"(A) Appointment date.--The initial members of the Panel shall be appointed under paragraph (1) not later than January 30, 2013.

"(B) Terms.--

"(i) The Secretary of Defense shall designate two initial members of the Panel appointed under paragraph (1)(A) to serve terms that expire on December 31, 2013, and two such initial members to serve terms that expire on December 31, 2014.

"(ii) The chair of the Committee on Armed Services of the House of Representatives shall designate one initial member of the Panel appointed under paragraph (1)(B) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

"(iii) The chair of the Committee on Armed Services of the Senate shall designate one initial member of the Panel appointed under paragraph (1)(C) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

"(iv) The ranking minority member of the Committee on Armed Services of the House of Representatives shall designate one initial member of the Panel appointed under paragraph (1)(D) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

"(v) The ranking minority member of the Committee on Armed Services of the Senate shall designate one initial member of the Panel appointed under paragraph (1)(E) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

"(3) Chairs.--The Secretary of Defense shall designate two members appointed pursuant to paragraph (1)(A) that are not of the same political party to serve as the Chairs of the Panel.

"(4) Vacancies.--

"(A) A vacancy in the Panel shall be filled in the same manner as the original appointment and not later than 30 days after the date on which the vacancy begins.

"(B) A member of the Panel appointed to fill a vacancy shall be appointed for a term that expires--

"(i) in the case of an appointment to fill a vacancy resulting from a person not serving the entire term for which such person was appointed, at the end of the remainder of such term; and

"(ii) in the case of an appointment to fill a vacancy resulting from the expiration of the term of a member of the panel, two years after the date on which the term of such member expired.

"(5) Reappointment.--Members of the Panel may be reappointed to the Panel for additional terms of service.

"(6) Pay.--The members of the Panel shall serve without pay

"(7) Travel expenses.--Each member of the Panel shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

"(c) Duties.--

"(1) Review of national defense strategic environment.--

The Panel shall every four years, during a year following a year evenly divisible by four, review the national defense strategic environment of the United States. Such review shall include a review and assessment of--

"(A) the national defense environment, including challenges and opportunities;

"(B) the national defense strategy and policy;

"(C) the national defense roles, missions, and organizations;

"(D) the risks to the national defense of the United States and how such risks affect challenges and opportunities to national defense; and

"(2) Additional reviews.--The Panel may conduct additional reviews under paragraph (1) as requested by Congress or the Secretary of Defense, or when the Panel determines a significant change in the national defense environment has occurred that would warrant new recommendations from the Panel.

"(3) Assessment of quadrennial defense review.--The Panel shall conduct an assessment of each quadrennial defense review required to be conducted under section 118. Each assessment shall include--

"(A) a review of the Secretary of Defense's terms of reference, and any other materials providing the basis for, or substantial inputs to, the work of the Department of Defense on such quadrennial defense review;

"(B) an assessment of the assumptions, strategy, findings, and risks in the report of the Secretary of Defense on such quadrennial defense review required under section 118(d), with particular attention paid to the risks described in such a report;

"(C) an independent assessment of a variety of possible force structures for the armed forces, including the force structure identified in the report required under section 118(d); and

"(D) a review of the resource requirements identified in such quadrennial defense review pursuant to section 118(b)(3) and, to the extent practicable, a general comparison of such resource requirements with the resource requirements to support the forces contemplated under the force structures assessed under subparagraph (C).

"(d) Administrative Provisions.--

"(1) Staff.--

"(A) In general.--The Chairs of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and not more than 11 additional personnel, as may be necessary to enable the Panel to perform the duties of the Panel.

"(B) Compensation.--The Chairs of the Panel may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"(2) Detail of government employees.--Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

"(3) Procurement of temporary and intermittent services.-- The Chairs of the Panel may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title.

"(4) Provision of information.--The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this section. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

"(5) Use of certain department of defense resources.--Upon the request of the Chairs of the Panel, the Secretary of Defense shall make available to the Panel the services of any federally-funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

"(6) Funding.--Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.

"(e) Reports.--

"(1) Review of national defense strategic environment.--

Not later than June 30 of a year following a year evenly divisible by four, the Panel shall submit to the congressional defense committees, the Secretary of Defense, and the National Security Council a report containing the results of the review conducted under subsection (c)(1) and any recommendations or other matters that the Panel considers appropriate.

"(2) Assessment of quadrennial defense review.--Not later than 90 days after the date on which a report on a quadrennial defense review is submitted to Congress under section 118(d), the Panel shall submit to the congressional defense committees and the Secretary of Defense a report containing the results of the assessment conducted under subsection (c)(3) and any recommendations or other matters that the Panel considers appropriate.".

(2) Clerical amendment.--The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by adding at the end the following new item:

"119b. Bipartisan independent strategic review panel.".

(b) Updates From Secretary of Defense on Progress of Quadrennial Defense Review.--Section 118(f) of title 10, United States Code, is amended to read as follows:

"(f) Updates to Bipartisan Independent Strategic Review Panel.--

The Secretary of Defense shall ensure that periodically, but not less often than every 60 days, or at the request of the Chairs of the bipartisan independent strategic review panel established under section 119b(a), the Department of Defense briefs such panel on the progress of the conduct of a quadrennial defense review under subsection (a).".

(c) Bipartisan Independent Strategic Review of the United States Army.--

(1) Review required.--Not later than 30 days after the date on which all initial members of the bipartisan independent strategic review panel are appointed under section 119b(b) of title 10, United States Code, as added by subsection (a)(1) of this section, the Panel shall begin a review of the future of the Army.

(2) Elements of review.--The review required under paragraph (1) shall include a review and assessment of--

(A) the validity and utility of the scenarios and planning assumptions the Army used to develop the current force structure of the Army;

(B) such force structure and an evaluation of the adequacy of such force structure for meeting the goals of the national military strategy of the United States;

(C) the size and structure of elements of the Army, in particular United States Army Training and Doctrine Command, United States Army Materiel Command, and corps and higher headquarters elements;

(D) potential alternative force structures of the Army; and

(E) the resource requirements of each of the alternative force structures analyzed by the Panel.

(3) Report.--

(A) Panel report.--Not later than one year after the date on which the Panel begins the review required under paragraph (1), the Panel shall submit to the congressional defense committees and the Secretary of Defense a report containing the findings and recommendations of the Panel, including any recommendations concerning changes to the planned size and composition of the Army.

(B) Additional views.--The report required under subparagraph (A) shall include any additional or dissenting views of a member of the Panel that such member considers appropriate to include in such report.

(4) Definitions.--In this section:

(A) Army.--The term "Army" includes the reserve components of the Army.

(B) Bipartisan independent strategic review panel.--The terms "bipartisan independent strategic review panel" and "Panel" mean the bipartisan independent strategic review panel established under section 119b(a) of title 10, United States Code, as added by subsection (a)(1) of this section.

SEC. 1082. NOTIFICATION OF DELAYED REPORTS.

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

"Sec. 122b. Notification of delayed reports

"If the Secretary of Defense determines that a report required by law to be submitted by any official of the Department of Defense to Congress will not be submitted by the date required under law, the Secretary shall submit to the congressional defense committees a notification, by not later than such date, of the following:

"(1) An explanation of why such report will not be submitted by such date.

"(2) The date on which such report will be submitted.

"(3) The status of such report as of the date of the notification.

"(4) The office of the Department carrying out such report and the individual acting as the head of such office.".

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 122a the following new item:

"122b. Notification of delayed reports.".

SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Amendments to National Defense Authorization Act for Fiscal Year 2012.--Effective as of December 31, 2011, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) is amended as follows:

(1) Section 243(d) (125 Stat. 1344) is amended by striking "paragraph" and inserting "subsection".

(2) Section 541(b) (125 Stat. 1407) is amended by striking ", as amended by subsection (a),".

(3) Section 589(b) (125 Stat. 1438) is amended by striking "section 717" and inserting "section 2564".

(4) Section 602(a)(2) (125 Stat. 1447) is amended by striking "repairs," and inserting "repairs".

(5) Section 631(e)(28)(A) (125 Stat. 1464) is amended by striking "In addition" in the matter proposed to be inserted and inserting "Under regulations".

(6) Section 631(f)(2) (125 Stat. 1464) is amended by striking "table of chapter" and inserting "table of chapters".

(7) Section 631(f)(3)(B) (125 Stat. 1465) is amended by striking "chapter 9" and inserting "chapter 10".

(8) Section 631(f)(4) (125 Stat. 1465) is amended by striking "subsection (c)" both places it appears and inserting "subsection (d)".

(9) Section 801 (125 Stat. 1482) is amended--

(A) in subsection (a)(1)(B), by striking "paragraphs (6) and (7)" and inserting "paragraphs (5) and (6)";

(B) in subsection (a)(2), in the matter proposed to be inserted as a new paragraph, by striking the double closing quotation marks after "capabilities" and inserting a single closing quotation mark; and

(C) in subsection (e)(1)(A), by striking "Point" in the matter proposed to be struck and inserting "Point A".

(10) Section 832(b)(1) (125 Stat. 1504) is amended by striking "Defenese" and inserting "Defense".

(11) Section 855 (125 Stat. 1521) is amended by striking "Section 139e(b)(12)" and inserting "Section 139c(b)(12)".

(12) Section 864(a)(2) (125 Stat. 1522) is amended by striking "for Acquisition Workforce Programs" in the matter proposed to be struck.

(13) Section 864(d)(2) (125 Stat. 1525) is amended to read as follows:

"(2) in paragraph (6), by striking 'ensure that amounts collected' and all that follows through the end of the paragraph (as amended by section 526 of division C of Public Law 112-74 (125 Stat. 914)) and inserting 'ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title.'.".

(14) Section 866(a) (125 Stat. 1526) is amended by striking "September 30" in the matter proposed to be struck and inserting "December 31".

(15) Section 867 (125 Stat. 1526) is amended--

(A) in paragraph (1), by striking "2010" in the matter proposed to be struck and inserting "2011"; and (B) in paragraph (2), by striking "2013" in the matter proposed to be struck and inserting "2014".

(16) Section 1045(c)(1) (125 Stat. 1577) is amended by striking "described in subsection (b)" and inserting "described in paragraph (2)".

(17) Section 1067 (125 Stat. 1589) is amended--

(A) by striking subsection (a); and

(B) by striking the subsection designation and the subsection heading of subsection (b).

(18) Section 2702 (125 Stat. 1681) is amended--

(A) in the section heading, by striking "authorized" and inserting "authorization of appropriations for"; and

(B) by striking "Using amounts" and all that follows through "may carry out" and inserting "Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for".

(19) Section 2815(c) (125 Stat. 1689) is amended by inserting "subchapter III of" before "chapter 169".

(b) Amendments to Ike Skelton National Defense Authorization Act for Fiscal Year 2011.--Effective as of January 7, 2011, and as if included therein as enacted, the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383) is amended as follows:

(1) Section 533(b) (124 Stat. 4216) is amended by inserting "Section" before "1559(a)".

(2) Section 863(d)(9) (124 Stat. 4293; 10 U.S.C. 2330 note) is amended by striking "this title" and inserting "title 10, United States Code".

(3) Section 896(a) (124 Stat. 4314) is amended by striking "Chapter 7" and inserting "Chapter 4".

(c) Amendments to Reflect Redesignation of Certain Positions in Office of Secretary of Defense.--

(1) Assistant secretary of defense for nuclear, chemical, and biological defense programs.-- Section 1605(a)(5) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751 note) is amended by striking "The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs" each place it appears and inserting "The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs".

(2) Assistant secretary of defense for research and engineering.--

(A) The following provisions are amended by striking "Director of Defense Research and Engineering" and inserting "Assistant Secretary of Defense for Research and Engineering":

(i) Sections 2362(a)(1) and 2521(e)(5) of title 10, United States Code.

(ii) Section 241(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2521 note).

(iii) Section 212(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 2358 note).

(iv) Section 246(d)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note).

(v) Section 257(a) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note).

(vi) Section 1101(b)(1)(D) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note).

(vii) Section 802(g)(1)(B)(ii) of the Higher Education Opportunity Act (20 U.S.C. 9631(g)(1)(B)(ii)).

(B) Section 2365 of title 10, United States Code, is amended--

(i) in subsection (a), by inserting "of Defense for Research and Engineering" after "Assistant Secretary"; and

(ii) in subsection (d)(3)(A), by striking "Director" and inserting "Assistant Secretary".

(C) Section 256 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109- 163; 10 U.S.C. 1071 note) is amended in subsections (b)(4) and (d) by striking "Director, Defense" and inserting "Assistant Secretary of Defense for".

(D) Section 1504 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note) is amended--

(i) in subsection (a), by striking "Director of Defense" and inserting "Assistant Secretary of Defense for"; and

(ii) in subsection (b)(9), by striking "the Director of the" and all that follows through "Engineering" and inserting "the Director and the Assistant Secretary".

(E) Section 802 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103- 160; 10 U.S.C. 2358 note) is amended--

(i) in subsection (a), by striking "Director of Defense" and inserting "Assistant Secretary of Defense for";

(ii) in subsections (b), (d), and (e), by striking "Director" and inserting "Assistant Secretary"; and

(iii) in subsection (f), by striking "Not later than" and all that follows through "the Director" and inserting "The Assistant Secretary".

(F) Section 214 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110- 181; 10 U.S.C. 2521 note) is amended by striking "unless the" and all that follows through "ensures" and inserting "unless the Assistant Secretary of Defense for Research and Engineering ensures".

(d) Cross-reference Amendments Relating to Enactment of Title 41.--Title 10, United States Code, is amended as follows:

(1) Section 2302 is amended--

(A) in paragraph (7), by striking "section 4 of such Act" and inserting "such section"; and

(B) in paragraph (9)(A)--

(i) by striking "section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)" and inserting "chapter 15 of title 41"; and

(ii) by striking "such section" and inserting "such chapter".

(2) Section 2306a(b)(3)(B) is amended by striking "section 4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(C)(i))" and inserting "section 103(3)(A) of title 41".

(3) Section 2321(f)(2) is amended by striking "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" and inserting "section 104 of title 41".

(4) Section 2359a(h) is amended by striking "section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" and inserting "section 1702(c) of title 41".

(5) Section 2359b(k)(4) is amended--

(A) in subparagraph (A), by striking "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)" and inserting "section 110 of title 41"; and

(B) in subparagraph (B), by adding a period at the end.

(6) Section 2379 is amended--

(A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))" and inserting "section 103 of title 41"; and

(B) in subsections (b) and (c)(1), by striking "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" and inserting "section 104 of title 41".

(7) Section 2382(c) is amended--

(A) in paragraph (2)(B), by striking "sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k)" and inserting "sections 4101, 4103, 4105, and 4106 of title 41"; and

(B) in paragraph (3)(A), by striking "section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" and inserting "section 1702(c) of title 41".

(8) Section 2410m(b)(1) is amended--

(A) in subparagraph (A)(i), by striking "section 7 of such Act" and inserting "section 7104(a) of such title"; and

(B) in subparagraph (B)(ii), by striking "section 7 of the Contract Disputes Act of 1978" and inserting "section 7104(a) of title 41".

(9) Section 2533b is amended--

(A) in subsection (h)--

(i) in paragraph (1), by striking "sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)" and inserting "sections 1906 and 1907 of title 41"; and

(ii) in paragraph (2), by striking "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" and inserting "section 104 of title 41"; and

(B) in subsection (m)--

(i) in paragraph (2), by striking "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)" and inserting "section 105 of title 41";

(ii) in paragraph (3), by striking "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)" and inserting "section 131 of title 41"; and

(iii) in paragraph (5), by striking "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" and inserting "section 104 of title 41".

(e) Other Cross-reference Amendments in Title 10.--Title 10, United States Code, is amended as follows:

(1) Section 1722b(c) is amended--

(A) in paragraph (3), by striking "subsections (b)(2)(A) and (b)(2)(B)" and inserting "subsections (b)(1)(A) and (b)(1)(B)"; and

(B) in paragraph (4), by striking "1734(d), or 1736(c)" and inserting "or 1734(d)".

(2) Section 2382(b)(1) is amended by inserting "of the Small Business Act (15 U.S.C. 657q(c)(4))" after "section 44(c)(4)";

(3) Section 2548(e)(2) is amended by striking "section 103(f) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2430 note)," and inserting "section 2438(f) of this title".

(4) Section 2925 is amended--

(A) in subsection (a)(1), by striking "section 533" and inserting "section 553"; and

(B) in subsection (b)(1), by striking "section 139b" and inserting "section 138c".

(f) Date of Enactment References.--Title 10, United States Code, is amended as follows:

(1) Section 1564(a)(2)(B) is amended by striking "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011" in clauses (ii) and (iii) and inserting "January 7, 2011".

(2) Section 2359b(k)(5) is amended by striking "the date that is five years after the date of the enactment of this Act" and inserting "January 7, 2016".

(3) Section 2649(c) is amended by striking "During the 5- year period beginning on the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011" and inserting "Until January 6, 2016".

(4) Section 2790(g)(1) is amended by striking "on or after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011" and inserting "after January 6, 2011,".

(5) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are amended by striking "the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011" and inserting "January 7, 2011,".

(6) Section 10217(d)(3) is amended by striking "after the end of the 2-year period beginning on the date of the enactment of this subsection" and inserting "after January 6, 2013".

(g) Other Miscellaneous Amendments to Title 10.--Title 10, United States Code, is amended as follows:

(1) Section 113(c)(2) is amended by striking "on" after "Board on".

(2) The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 133b.

(3) Paragraph (3) of section 138(c), as added by section 314(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1357), is transferred to appear at the end of section 138c(c).

(4) Section 139a(d)(4) is amended by adding a period at the end.

(5) Section 139b(a)(6) is amended by striking "propriety" and inserting "proprietary".

(6) The item relating to section 225 at the end of the table of sections at the beginning of chapter 9 is transferred to appear after the item relating to section 224.

(7) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code of Military Justice) is amended by striking "Kidnaping,," and inserting "Kidnaping," (8) Section 920(g)(7) (article 120 of the Uniform Code of Military Justice) is amended by striking the second period at the end.

(9) Section 1086(b)(1) is amended by striking "clause (2)" and inserting "paragraph (2)".

(10) Section 1142(b)(10) is amended by striking "training,," and inserting "training,".

(11) Section 1401(a) is amended by striking "columns 1, 2, 3, and 4," in the matter preceding the table and inserting "columns 1, 2, and 3,".

(12) Section 1781(a) is amended--

(A) in the first sentence, by striking "Director" and inserting "Office";

(B) in the first sentence, by striking "hereinafter"; and

(C) in the second sentence, by striking "office" both places it appears and inserting "Office".

(13) Section 1790 is amended--

(A) by striking the section heading and inserting the following:

"Sec. 1790. Military personnel citizenship processing";

(B) by striking "Authorization of Payments.--";

(C) by striking "title 10, United States Code" and inserting "this title";

(D) by striking "Secs."; and

(E) by striking "sections 286(m) and (n) of such Act (8 U.S.C. Sec. 1356(m))" and inserting "subsections m and (n) of section 286 of such Act (8 U.S.C. 1356).".

(14) Section 2006(b)(2) is amended by redesignating the second subparagraph (E) (as added by section 109(b)(2)(B) of Public Law 111-377 (124 Stat. 4120), effective August 1, 2011) as subparagraph (F).

(15) Section 2350m(e) is amended by striking "Not later than October 31, 2009, and annually thereafter" and inserting "Not later than October 31 each year".

(16) Section 2401 is amended by striking "the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives" in subsections (b)(1)(B) and (h)(1) and inserting "the congressional defense committees".

(17) Section 2438(a)(3) is amended by inserting "the senior" before "official's".

(18) Section 2548 is amended--

(A) in subsection (a)--

(i) by striking "Not later than" and all that follows through "the Secretary" and inserting "The Secretary"; and

(ii) by adding a period at the end of paragraph (3);

(B) in subsection (d), by striking "Beginning with fiscal year 2012, the" and inserting "The"; and

(C) in subsection (e)(1), by striking ", United States Code,".

(19) Section 2561(f)(2) is amended by striking "Committee on International Relations" and inserting "Committee on Foreign Affairs".

(20) Section 2687a is amended--

(A) in subsection (a), by striking "Foreign relations" and inserting "Foreign Relations"; and

(B) in subsection (b)(1)--

(i) by striking the comma after "including"; and

(ii) by striking "The Treaty" and inserting "the Treaty".

(21) Section 4342 is amended--

(A) in subsection (b)--

(i) in paragraph (1), by striking "clause" both places it appears and inserting "paragraph"; and

(ii) in paragraph (5), by striking "clauses" and inserting "paragraphs";

(B) in subsection (d), by striking "clauses" and inserting "paragraphs"; and

(C) in subsection (f), by striking "clauses" and inserting "paragraphs".

(22) Section 4343 is amended by striking "clauses" and inserting "paragraphs".

(23) Section 6954 is amended--

(A) in subsection (b)--

(i) in paragraph (1), by striking "clause" both places it appears and inserting "paragraph"; and

(ii) in paragraph (5), by striking "clauses" and inserting "paragraphs"; and

(B) in subsection (d), by striking "clauses" and inserting "paragraphs".

(24) Section 6956(b) is amended by striking "clauses" and inserting "paragraphs".

(25) Section 9342 is amended--

(A) in subsection (b)--

(i) in paragraph (1), by striking "clause" both places it appears and inserting "paragraph"; and

(ii) in paragraph (5), by striking "clauses" and inserting "paragraphs";

(B) in subsection (d), by striking "clauses" and inserting "paragraphs"; and

(C) in subsection (f), by striking "clauses" and inserting "paragraphs".

(26) Section 9343 is amended by striking "clauses" and inserting "paragraphs".

(27) Section 10217(c)(3) is amended by striking "consider" and inserting "considered".

(h) Repeal of Expired Provisions.--Title 10, United States Code, is amended as follows:

(1) Section 1108 is amended--

(A) by striking subsections (j) and (k); and

(B) by redesignating subsection (l) as subsection (j).

(2) Section 2325 is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).

(3) Section 2349a is repealed, and the table of sections at the beginning of subchapter I of chapter 138 is amended by striking the item relating to that section.

(4) Section 2374b is repealed, and the table of sections at the beginning of chapter 139 is amended by striking the item relating to that section.

(i) Amendments to Title 37.-- Title 37, United States Code, is amended as follows:

(1) Section 310(c)(1) is amended by striking "section for for" and inserting "section for".

(2) Section 431, as transferred to chapter 9 of such title by section 631(d)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1460), is redesignated as section 491.

(j) Amendments to Title 41.-- Title 41, United States Code, is amended as follows:

(1) Section 1122(a)(5) is amended by striking the period at the end and inserting a semicolon.

(2) Section 1703(i)(6) is amended by striking "Procurememt" and inserting "Procurement".

(k) Amendment to Title 46.-- Subsection (a) of section 51301 of title 46, United States Code, is amended in the heading by striking "IN General" and inserting "In General".

(l) Duplicative Provision in Armed Forces Retirement Home Act of 1991.-- Section 1511(d) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(d)) is amended by striking the first paragraph (3), leaving the second paragraph (3) added by section 561 of Public Law 112-81 (125 Stat. 1420).

(m) Cross References and Date of Enactment References in Reinstatement of Temporary Early Retirement Authority.-- Section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1293 note), as amended by section 504(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1391), is amended--

(1) in subsection (c)(2)--

(A) in subparagraph (A), by striking "1995 (" and inserting "1995 (Public Law 103-337;"; and

(B) in subparagraph (B), by striking "1995" and inserting "1996";

(2) in subsection (h), by striking "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012" and inserting "December 31, 2011,"; and

(3) in subsection (i)(2), by striking "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012" and inserting "December 31, 2011,".

(n) Coordination With Other Amendments Made by This Act.--For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any amendment made by other provisions of this Act.

SEC. 1084. PROHIBITION ON USE OF INFORMATION AGAINST A UNITED STATES CITIZEN GATHERED BY UNMANNED AERIAL VEHICLE WITHOUT A WARRANT.

Notwithstanding any other provision of law, information acquired by an unmanned aerial vehicle operated by the Department of Defense may not be admitted in a Federal court, State court, or court of a political subdivision of a State as evidence against a United States citizen unless such information was obtained by such unmanned aerial vehicle pursuant to a court order.

SEC. 1085. THE HOUSE OF REPRESENTATIVES HONORS.

(a) Findings.--The House of Representatives finds the following:

(1) The spread of warfare across Europe and Asia led to the establishment on May 20, 1941, of the United States Office of Civilian Defense by Executive Order No. 8757 of President Franklin D. Roosevelt, to "assure effective coordination of Federal relations with State and local governments engaged in defense activities, to provide for necessary cooperation with States and local governments in respect to measures for adequate protection of the civilian population in emergency periods, to facilitate constructive civilian participation in the defense program, and to sustain national morale".

(2) The December 7, 1941, attack by the Empire of Japan on Pearl Harbor, Hawaii, precipitated the entry of the United States into the worldwide conflict and signaled a new era of warfare that demanded new efforts to protect the people of the United States from airborne assault by an overseas enemy.

(3) In response to this new threat, the United States Office of Civilian Defense mobilized millions of volunteers to participate in efforts to enhance the preparedness of the United States in case of attack, including fire protection, communication and logistics, construction of bomb shelters, and air raid blackout drills.

(4) Thousands of Americans unable to serve in the United States Armed Forces volunteered their service as Air Raid Wardens in communities across the United States during World War II, contributing to America's defense against potential enemy assault and the ultimate victory of the Allied nation.

(5) A training manual distributed to Air Raid Wardens during World War II noted that "In the system of civilian defense, the Air Raid Warden occupies the key position. He is the field officer under whose supervision the efforts of the civilian population are directed in the tremendous task of effective defense. Through the Air Raid Wardens, civilian activity is coordinated with that of the police and fire departments and other vital services.".

(6) Training manuals distributed to Air Raid Wardens included "I am an Air Raid Warden", by Frank W. Atherton, Chief Air Raid Warden, 1st District, United States Citizens' Defense Corps of Michigan, which read, in part that "I am an Air Raid Warden. My country, my state and my community have given me many pleasant and fruitful years and now in time of trouble I feel that it is my duty to do my part in the work assigned to me in helping to reduce to a minimum any harm that may come from without or within.".

(7) Tony Pastor and His Orchestra released a song in 1942, titled "Obey Your Air Raid Warden", which was widely distributed as a public service announcement and contained the following lyrics: "One, be calm. Two, get under shelter. Three, don't run. Obey your air-raid warden. Four, stay home. Five, keep off the highway. Six, don't phone. Obey your air- raid warden. There are rules that you should know, What to do and where to go, When you hear the sirens blow, Stop, look, and listen. Seven, don't smoke. Eight, help all the kiddies. Most of all, obey your air-raid warden. Stop, look, and listen. Dim the lights, Wait for information, Most of all, obey your air- raid warden. Stop the panic, Don't get in a huff, Our aim today is to call their bluff. Follow these rules and that is enough. Obey your air-raid warden.".

(b) The House of Representatives Honors.--The House of Representatives encourages surviving Air Raid Wardens and other volunteers of the United States Office of Civilian Defense during the World War II to record and permanently preserve stories of their service for future generations.

SEC. 1086. COST OF WARS.

The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Web site of the Department of Defense the costs, including the relevant legacy costs, to each American taxpayer of each of the wars in Afghanistan and Iraq.

SEC. 1087. INCREASE IN AUTHORIZED NUMBER OF WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

(a) In General.--Section 1403(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2676; 10 U.S.C. 12310 note) is amended--

(1) in paragraph (1), by striking "23" and inserting "a minimum of 25"; and

(2) by striking "55 teams" each place it appears and inserting "57 teams".

(b) Funding.--

(1) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Line 070, Force Readiness Operations Support is hereby increased by $5,000,000.

(2) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in division D, is hereby reduced by $5,000,000, to be derived from Line 036, Program Element 0603384BP, Chemical and Biological Defense Program.

SEC. 1088. TRIAL OF FOREIGN TERRORISTS.

After the date of the enactment of this Act, any foreign national, who--

(1) engages or has engaged in conduct constituting an offense relating to a terrorist attack against persons or property in the United States or against any United States Government property or personnel outside the United States, and (2) is subject to trial for that offense by a military commission under chapter 47A of title 10, United States Code, shall be tried for that offense only by a military commission under that chapter.

SEC. 1089. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES STUDY.

(a) In General.--Not later than 2 years after funds are made available to carry out this Act, the Secretary of the Interior, acting through the Director of the United States Geological Survey, shall complete a study of water resources in the Rialto-Colton Basin in the State of California (in this section referred to as the "Basin"), including--

(1) a survey of ground water resources in the Basin, including an analysis of--

(A) the delineation, either horizontally or vertically, of the aquifers in the Basin, including the quantity of water in the aquifers;

(B) the availability of ground water resources for human use;

(C) the salinity of ground water resources;

(D) the identification of a recent surge in perchlorate concentrations in ground water, whether significant sources are being flushed through the vadose zone, or if perchlorate is being remobilized;

(E) the identification of impacts and extents of all source areas that contribute to the regional plume to be fully characterized;

(F) the potential of the ground water resources to recharge;

(G) the interaction between ground water and surface water;

(H) the susceptibility of the aquifers to contamination, including identifying the extent of commingling of plume emanating within surrounding areas in San Bernardino County, California; and

(I) any other relevant criteria; and

(2) a characterization of surface and bedrock geology of the Basin, including the effect of the geology on ground water yield and quality.

(b) Coordination.--The Secretary shall carry out the study in coordination with the State of California and any other entities that the Secretary determines to be appropriate, including other Federal agencies and institutions of higher education.

(c) Report.--Upon completion of the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.

SEC. 1090. REPORT ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST ORGANIZATION.

(a) Report.--

(1) In general.--Not later than 30 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees--

(A) a detailed report on whether the Nigerian organization named "People Committed to the Propagation of the Prophet's Teachings and Jihad" (commonly known as "Boko Haram"), meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and

(B) if the Secretary of State determines that Boko Haram does not meet such criteria, a detailed justification as to which criteria have not been met.

(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if appropriate.

(3) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

(A) the Committee on Homeland Security, 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 Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(b) Rule of Construction.--Nothing in this section may be construed to infringe upon the sovereignty of Nigeria to combat militant or terrorist groups operating inside the boundaries of Nigeria.

SEC. 1091. SENSE OF CONGRESS ON RECOGNIZING AIR MOBILITY COMMAND ON ITS 20TH ANNIVERSARY.

(a) Findings.--Congress finds the following:

(1) On June 1, 1992, Air Mobility Command was established as the Air Force's functional command for cargo and passenger delivery, air refueling, and aeromedical evacuation.

(2) As the lead Major Command for all Mobility Air Forces, Air Mobility Command ensures that the Air Force's core functions of global vigilance, power, and reach are fulfilled.

(3) The ability of the United States to rapidly respond to humanitarian disasters and the outbreak of hostilities anywhere in the world truly defines the United States as a global power.

(4) Mobility Air Forces Airmen are unified by one single purpose: to answer the call of others so they may prevail.

(5) The United States' hand of friendship to the world many times takes the form of Mobility Air Forces aircraft delivering humanitarian relief. Since its inception, Air Mobility Command has provided forces for 43 humanitarian relief efforts at home and abroad, from New Orleans, Louisiana, to Bam, Iran.

(6) A Mobility Air Forces aircraft departs every 2 minutes, 365 days a year. Since September 11, 2001, Mobility Air Forces aircraft have flown 18.9 million passengers, 6.8 million tons of cargo, and offloaded 2.2 billion pounds of fuel. Many of these flights have assisted combat aircraft protection United States forces from overhead.

(7) The United States keeps its solemn promise to its men and women in uniform with Air Mobility Command, accomplishing 186,940 patient movements since the beginning of Operation Iraqi Freedom.

(8) Mobility Air Forces Airmen reflect the best values of the Nation: delivering hope, saving lives, and fueling the fight.

(b) Sense of Congress.--It is the sense of Congress that, on the occasion of the 20th anniversary of the establishment of Air Mobility Command, the people of the United States should--

(1) recognize the critical role that Mobility Air Forces play in the Nation's defense; and

(2) express appreciation for the leadership of Air Mobility Command and the more than 134,000 active-duty, Air National Guard, Air Force Reserve, and Department of Defense civilians that make up the command.

SEC. 1092. CONSOLIDATION OF DATA CENTERS.

Section 2867 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 2223a note) is amended--

(1) in subsection (b)(2)--

(A) in subparagraph (A), by inserting after "April 1, 2012," the following: "and each year thereafter,"; and

(B) by adding at the end the following new paragraph:

"(C) Additional element.--The performance plan required under this paragraph, with respect to plans submitted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013, shall be consistent with the July 2011 Government Accountability Office report to Congress, entitled 'Data Center Consolidation Agencies Need to Complete Inventories and Plans to Achieve Expected Savings' (GAO-11-565), as updated by quarterly consolidation progress reports submitted by the Department of Defense to the Office of Management and Budget"; and

(2) in subsection (d)(1), by adding at the end the following: "Beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013, such report shall include progress updates on consolidation goals achieved during the preceding fiscal year consistent with the framework outlined by the July 2011 Government Accountability Office report to Congress, entitled 'Data Center Consolidation Agencies Need to Complete Inventories and Plans to Achieve Expected Savings' (GAO-11-565), as updated by quarterly consolidation progress reports submitted by the Department of Defense to the Office of Management and Budget.".

SEC. 1093. SENSE OF CONGRESS REGARDING PRESERVATION OF SECOND AMENDMENT RIGHTS OF ACTIVE DUTY MILITARY PERSONNEL STATIONED OR RESIDING IN THE DISTRICT OF COLUMBIA.

(a) Findings.--Congress finds the following:

(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.

(2) Approximately 40,000 servicemen and women across all branches of the Armed Forces either live in or are stationed on active duty within the Washington, DC metropolitan area. Unless these individuals are granted a waiver as serving in a law enforcement role, they are subject to the District of Columbia's onerous and highly restrictive laws on the possession of firearms.

(3) Military personnel, despite being extensively trained in the proper and safe use of firearms, are therefore deprived by the laws of the District of Columbia of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.

(4) The District of Columbia has one of the highest per capita murder rates in the Nation, which may be attributed in part to previous local laws prohibiting possession of firearms by law-abiding persons who would have otherwise been able to defend themselves and their loved ones in their own homes and businesses.

(5) The Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act, and the Brady Handgun Violence Prevention Act, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws that only affect and disarm law-abiding citizens.

(6) On June 26, 2008, the Supreme Court of the United States in the case of District of Columbia v. Heller held that the Second Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, and thus ruled that the District of Columbia's handgun ban and requirements that rifles and shotguns in the home be kept unloaded and disassembled or outfitted with a trigger lock to be unconstitutional.

(7) On July 16, 2008, the District of Columbia enacted the Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17- 422; 55 DCR 8237), which places onerous restrictions on the ability of law-abiding citizens from possessing firearms, thus violating the spirit by which the Supreme Court of the United States ruled in District of Columbia v. Heller.

(8) On February 26, 2009, the United States Senate adopted an amendment on a bipartisan vote of 62-36 by Senator John Ensign to S. 160, the District of Columbia House Voting Rights Act of 2009, which would fully restore Second Amendment rights to the citizens of the District of Columbia.

(b) Sense of Congress.--It is the sense of Congress that active duty military personnel who are stationed or residing in the District of Columbia should be permitted to exercise fully their rights under the Second Amendment to the Constitution of the United States and therefore should be exempt from the District of Columbia's restrictions on the possession of firearms.

SEC. 1094. CONDITIONAL REPLACEMENT FOR FY 2013 SEQUESTER.

(a) Contingent Effective Date.--This section and the amendments made by it shall take effect upon the enactment of--

(1) the Act contemplated in section 201 of H. Con. Res. 112 (112th Congress) that achieves at least the deficit reduction called for in such section for such periods; or (2) similar legislation that at least offsets the outlay reductions flowing from the budget authority reductions mandated by section 251A(7)(A) and 251A(8) as it applies to direct spending in the defense function for fiscal year 2013 of the Balanced Budget and Emergency Deficit Control Act of 1985, as in force immediately before the date of enactment of this Act, combined with the outlay reductions flowing from the amendment to section 251A(7)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 made by subsection (c), within five years of enactment.

(b) Revised 2013 Discretionary Spending Limit.--Paragraph (2) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

"(2) with respect to fiscal year 2013, for the discretionary category, $1,047,000,000,000 in new budget authority;".

(c) Discretionary Savings.--Section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

"(A) Fiscal year 2013.--

"(i) Fiscal year 2013 adjustment.--On January 2, 2013, the discretionary category set forth in section 251(c)(2) shall be decreased by $19,104,000,000 in budget authority.

"(ii) Supplemental sequestration order.--

On January 15, 2013, OMB shall issue a supplemental sequestration report for fiscal year 2013 and take the form of a final sequestration report as set forth in section 254(f)(2) and using the procedures set forth in section 253(f), to eliminate any discretionary spending breach of the spending limit set forth in section 251(c)(2) as adjusted by clause (i), and the President shall order a sequestration, if any, as required by such report.".

(d) Elimination of the Fiscal Year 2013 Sequestration for Defense Direct Spending.--Any sequestration order issued by the President under the Balanced Budget and Emergency Deficit Control Act of 1985 to carry out reductions to direct spending for the defense function (050) for fiscal year 2013 pursuant to section 251A of such Act shall have no force or effect.

(e) Report.--

(1) In general.--Not later than August 15, 2012, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a detailed report on the impact of the sequestration of funds authorized and appropriated for Fiscal Year 2013 for the Department of Defense, if automatically triggered on January 2, 2013, as required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), as in effect immediately before the date of enactment of this Act.

(2) Contents of report.--The report required by this section shall include--

(A) an assessment of the potential impact of sequestration on the readiness of the Armed Forces, including impacts to steaming hours, flying hours, full spectrum training miles, and all other readiness metrics;

(B) an assessment of the impact on ability of the Department of Defense to carry out the National Military Strategy of the United States and any changes to the most recent Chairman's Risk Assessment required by section 153 of title 10, United States Code;

(C) a listing of the programs, projects, and activities across the military departments and components that would be reduced or terminated as a result of automatically triggered cuts;

(D) an estimate of the number and value of all contracts that will be terminated, restructured, or rescoped due to sequestration, including an estimate of potential termination costs and increased contracts costs due to renegotiation and reinstatement of the contract; and

(E) an estimate of the number of civilian, contract, and uniformed personnel whose employment would be terminated due to sequestration, including the estimated cost to the Department of executing such a drawdown.

SEC. 1095. REPORT ON DEFENSE FORENSIC DATA.

(a) Requirement.--The Director of the Defense Forensic Office within the Office of the Undersecretary of Defense for Acquisition, Technology, and Logistics may evaluate opportunities to increase the matching success rate when forensic data is collected during site exploitation to match forensic data stored in DNA databases. Among other items, the Defense Forensic Office may evaluate opportunities to assist other countries with moving forward with DNA database programs that require a defined category of criminal offender to submit DNA to a foreign country's national DNA database.

(b) Report.--The Defense Forensic Office shall submit to the congressional defense committees a report containing its findings and solutions no later than 120 days after the date of the enactment of this Act.

SEC. 1096. DISPLAY OF STATE, DISTRICT OF COLUMBIA, AND TERRITORIAL FLAGS BY ARMED FORCES.

Section 2249b of title 10, United States Code, is amended--

(1) by adding at the end the following new subsection:

"(c) Display of District of Columbia and Territorial 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, Commonwealth of Puerto Rico, United States Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands."; and (2) in the section heading, by striking the colon and all that follows.

SEC. 1097. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES.

(a) United States Information and Educational Exchange Act of 1948.--Section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:

"general authorization

"Sec. 501. (a) The Secretary and the Broadcasting Board of Governors are authorized to use funds appropriated or otherwise made available for public diplomacy information programs to provide for the preparation, dissemination, and use of information intended for foreign audiences abroad about the United States, its people, and its policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers, instructors, and other direct or indirect means of communication.

"(b)(1) Except as provided in paragraph (2), the Secretary and the Broadcasting Board of Governors may, upon request and reimbursement of the reasonable costs incurred in fulfilling such a request, make available, in the United States, motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to this Act, the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). The Secretary and the Broadcasting Board of Governors shall issue necessary regulations--

"(A) to establish procedures to maintain such material;

"(B) for reimbursement of the reasonable costs incurred in fulfilling requests for such material; and

"(C) to ensure that the persons seeking release of such material have secured and paid for necessary United States rights and licenses.

"(2) With respect to material prepared for dissemination abroad or disseminated abroad before the effective date of the Smith-Mundt Modernization Act of 2012--

"(A) the Secretary and the Broadcasting Board of Governors shall make available to the Archivist of the United States, for domestic distribution, motion pictures, films, videotapes, and other material 12 years after the initial dissemination of the material abroad; and

"(B) the Archivist shall be the official custodian of the material and shall issue necessary regulations to ensure that persons seeking its release in the United States have secured and paid for necessary United States rights and licenses and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its release, in accordance with paragraph (3).

"(3) The Archivist may charge fees to recover the costs described in paragraph (2), in accordance with section 2116 (c) of title 44. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund.

"(c) Nothing in this section may be construed to require the Secretary or the Broadcasting Board of Governors to make material disseminated abroad available in any format other than in the format disseminated abroad.".

(b) Rule of Construction.--Nothing in this section may be construed to affect the allocation of funds appropriated or otherwise made specifically available for public diplomacy.

(c) Foreign Relations Authorization Act, Fiscal Years 1986 and 1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:

"SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.

"(a) In General.--No funds authorized to be appropriated to the Department of State or the Broadcasting Board of Governors shall be used to influence public opinion in the United States. This section shall apply only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). This section shall not prohibit or delay the Department of State or the Broadcasting Board of Governors from providing information about its operations, policies, programs, or program material, or making such available, to the media, public, or Congress, in accordance with other applicable law.

"(b) Rule of Construction.--Nothing in this section shall be construed to prohibit the Department of State or the Broadcasting Board of Governors from engaging in any medium or form of communication, either directly or indirectly, because a United States domestic audience is or may be thereby exposed to program material, or based on a presumption of such exposure. Such material may be made available within the United States and disseminated, when appropriate, pursuant to sections 502 and 1005 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that nothing in this section may be construed to authorize the Department of State or the Broadcasting Board of Governors to disseminate within the United States any program material prepared for dissemination abroad on or before the effective date of the Smith-Mundt Modernization Act of 2012.

"(c) Application.--The provisions of this section shall apply only to the Department of State and the Broadcasting Board of Governors and to no other department or agency of the Federal Government.".

(d) Conforming Amendments.--The United States Information and Educational Exchange Act of 1948 is amended--

(1) in section 502 (22 U.S.C. 1462)--

(A) by inserting "and the Broadcasting Board of Governors" after "Secretary"; and

(B) by inserting "or the Broadcasting Board of Governors" after "Department"; and

(2) in section 1005 (22 U.S.C. 1437), by inserting "and the Broadcasting Board of Governors" after "Secretary" each place it appears.

(e) Effective Date.--This section shall take effect and apply on the date that is 180 days after the date of the enactment of this section.

SEC. 1098. IMPROVING ORGANIZATION FOR COMPUTER NETWORK OPERATIONS.

(a) Charter.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a charter to establish an interagency body or organization to coordinate and deconflict full-spectrum military cyber operations for the Federal Government.

(b) Elements.--The charter required under subsection (a) shall include--

(1) business rules and processes for the functioning of the body or organization established by such charter;

(2) interagency guidance clarifying roles and responsibilities for full-spectrum military cyber operations;

(3) clarification and defined membership for such body or organization; and

(4) accommodation for documentation of the activities of such body or organization, including minutes and historical archives.

(c) Report.--Not later than 240 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report outlining the charter required under subsection (a), and plans to ensure the implementation of such charter.

(d) Budget Justification Documents.--The Secretary of Defense shall submit to the congressional defense committees dedicated budget documentation materials to accompany future budget submissions, including a single Depart of Defense-wide budget estimate and detailed budget planning data for full-spectrum military cyberspace operations (computer network defense, attack, and exploitation) in both unclassified and classified funding data.

SEC. 1099. IMPROVING UNITED STATES FOREIGN POLICE ASSISTANCE ACTIVITIES.

(a) Final Report.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the relevant congressional committees the final report from the National Security Council's Interagency Policy Committee on Security Sector Assistance.

(b) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretaries of Defense and State shall jointly submit to the relevant congressional committees a plan to institute mechanisms to better coordinate, document, disseminate, and share information analysis and assessments regarding United States foreign police assistance activities.

(c) Appropriate Congressional Committees Defined.--In this section, the term "relevant congressional committees" means--

(1) the Committee on Armed Services of the Senate and the House of Representatives;

(2) the Committee on Oversight and Government Reform of the House of Representatives;

(3) the Committee on Homeland Security and Governmental Affairs of the Senate;

(4) the Committee on Foreign Affairs of the House of Representatives; and

(5) the Committee on Foreign Relations of the Senate.

SEC. 1099A. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND PREPAREDNESS.

It is the sense of the Congress that--

(1) the United States Northern Command plays a crucial role in providing additional response capability to State and local governments in domestic disaster relief and consequence management operations;

(2) the United States Northern Command must continue to build upon its current efforts to develop command strategies, leadership training, and response plans to effectively work with civil authorities when acting as the lead agency or a supporting agency; and

(3) the United States Northern Command should leverage whenever possible training and management expertise that resides within the Department of Defense, other Federal agencies, State and local governments, and private sector businesses and academic institutions to enhance--

(A) its defense support to civil authorities and incidence management missions;

(B) relationships with other entities involved in disaster response; and

(C) its ability to respond to unforeseen events.

SEC. 1099B. LIMITATION ON MILITARY MUSICAL UNITS.

Amounts authorized to be appropriated pursuant to this Act for military musical units (as such term is defined in section 974 of title 10, United States Code) may not exceed $200,000,000.

SEC. 1099C. REQUIREMENT FOR ATTORNEY GENERAL TO INVESTIGATE POSSIBLE VIOLATIONS OF FEDERAL LAW RELATED TO LEAKS OF SENSITIVE INFORMATION INVOLVING THE MILITARY, INTELLIGENCE, AND OPERATIONAL CAPABILITIES OF THE UNITED STATES AND ISRAEL.

(a) Investigation Required.--Not later than 30 days after the date of the enactment of this Act, the Attorney General shall initiate an investigation into possible violations of Federal law related to leaks of sensitive information involving the military, intelligence, and operational capabilities of the United States and Israel.

(b) Report.--Not later than 60 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report describing the status and progress of the investigation required under subsection (a).

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--General Provisions

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

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

SEC. 1102. AUTHORITY TO PAY FOR THE TRANSPORT OF FAMILY HOUSEHOLD PETS FOR FEDERAL EMPLOYEES DURING CERTAIN EVACUATION OPERATIONS.

Section 5725 of title 5, United States Code, is amended--

(1) in subsection (a), in the matter following paragraph (2), by striking "and personal effects," and inserting ", personal effects, and family household pets,"; and

(2) by adding at the end the following:

"(c)(1) The expenses authorized under subsection (a) shall, with respect to the transport of family household pets, include the expenses for the shipment of and the payment of any quarantine costs for such pets.

"(2) Any payment or reimbursement under this section in connection with the transport of family household pets shall be subject to terms and conditions which--

"(A) the head of the agency shall by regulation prescribe; and

"(B) shall, to the extent practicable, be the same as would apply under regulations prescribed under section 476(b)(1)(H)(iii) of title 37 in connection with the transport of family household pets of members of the uniformed services, including regulations relating to the types, size, and number of pets for which such payment or reimbursement may be provided.".

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

Section 1703(j) of title 41, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking "sections 3304, 5333, and 5753" and inserting "section 3304"; and

(B) by striking "use the authorities in those sections to recruit and"; and

(2) in paragraph (2), by striking "September 30, 2012" and inserting "September 30, 2017".

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

Effective January 1, 2013, section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1612), is further amended by striking "through 2012" and inserting "through 2013".

SEC. 1105. POLICY ON SENIOR MENTORS.

(a) In General.--The Secretary of Defense shall provide written notice to the congressional defense committees at least 60 days before implementing any change in the policy regarding senior mentors issued on or about April 1, 2010.

(b) Applicability.--Changes implemented before the date of the enactment of this Act shall not be affected by this section.

Subtitle B--Interagency Personnel Rotations

SEC. 1111. INTERAGENCY PERSONNEL ROTATIONS.

(a) Short Title.--This subtitle may be cited as the "Interagency Personnel Rotation Act of 2012".

(b) Definitions.--In this subtitle:

(1) Agency.--The term "agency" has the meaning given the term "Executive agency" under section 105 of title 5, United States Code.

(2) Committee.--The term "Committee" means the Committee on National Security Personnel established under subsection (c)(1).

(3) Covered agency.--The term "covered agency" means an agency that is part of an ICI.

(4) ICI.--The term "ICI" means a National Security Interagency Community of Interest identified by the Committee under subsection (d)(1).

(5) ICI position.--The term "ICI position"--

(A) means--

(i) a position that--

(I) is identified by the head of a covered agency as a position within the covered agency that has significant responsibility for the subject area of the ICI in which the position is located and for activities that involve more than 1 agency;

(II) is in the civil service (as defined in section 2101(1) of title 5, United States Code) in the executive branch of the Government (including a position in the Foreign Service) at or above GS-11 of the General Schedule or at a level of responsibility comparable to a position at or above GS-11 of the General Schedule; and

(III) is within an ICI; or (ii) a position in an interagency body identified as an ICI position under subsection (d)(3)(B)(i); and

(B) shall not include--

(i) any position described under paragraph (10)(A) or (C); or (ii) any position filled by an employee described under paragraph (10)(B).

(6) Intelligence community.--The term "intelligence community" has the meaning given under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(7) Interagency body.--The term "interagency body" means an entity or component identified under subsection (d)(3)(A).

(8) Interagency rotational service.--The term "interagency rotational service" means service by an employee in--

(A) an ICI position that is--

(i) in--

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

(ii) the same ICI as the position in which the employee serves or has served before serving in that ICI position; or (B) a position in an interagency body identified under subsection (d)(3)(B)(ii).

(9) National security interagency community of interest.--

The term "National Security Interagency Community of Interest" means the positions in the executive branch of the Government that--

(A) as a group are positions within multiple agencies of the executive branch of the Government; and

(B) have significant responsibility for the same substantive, functional, or regional subject area related to national security or homeland security that requires integration of the positions and activities in that area across multiple agencies to ensure that the executive branch of the Government operates as a single, cohesive enterprise to maximize mission success and minimize cost.

(10) Political appointee.--The term "political appointee" means an individual who--

(A) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);

(B) is a noncareer appointee in the Senior Executive Service, as defined under section 3132(a)(7) of title 5, United States Code; or (C) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.

(11) Senior position.--The term "senior position" means--

(A) a Senior Executive Service position, as defined in section 3132(a)(2) of title 5, United States Code;

(B) a position in the Senior Foreign Service established under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);

(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service established under section 3151 of title 5, United States Code;

(D) a position filled by a limited term appointee or limited emergency appointee in the Senior Executive Service, as defined under paragraphs (5) and (6), respectively, of section 3132(a) of title 5, United States Code; and

(E) any other equivalent position identified by the Committee.

(c) Committee on National Security Personnel.--

(1) Establishment.--There is established the Committee on National Security Personnel within the Executive Office of the President.

(2) Membership.--The members of the Committee shall be the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the Assistant to the President for National Security Affairs.

(3) Chairperson.--The Director of the Office of Management and Budget shall be the Chairperson of the Committee.

(4) Functions.--

(A) In general.--The Committee shall perform the functions as provided under this subtitle to implement this subtitle and shall validate the actions taken by the heads of covered agencies to implement the directives issued and meet the standards established under subparagraph (B).

(B) Directives and standards.--

(i) In general.--In consultation with the Director of the Office of Personnel Management and the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget shall issue directives and establish standards relating to the implementation of this subtitle.

(ii) Use by covered agencies.--The head of each covered agency shall carry out the responsibilities under this subtitle in accordance with the directives issued and standards established by the Director of the Office of Management and Budget.

(5) Support and implementation.--

(A) Board.--There is established to assist the Committee a board, the members of which shall be appointed--

(i) in accordance with subparagraph (B); and (ii) from among individuals holding an office or position in level III of the Executive Schedule.

(B) Appointments.--Members of the board shall be appointed as follows:

(i) One by the Secretary of State.

(ii) One by the Secretary of Defense.

(iii) One by the Secretary of Homeland Security.

(iv) One by the Attorney General.

(v) One by the Secretary of the Treasury.

(vi) One by the Secretary of Energy.

(vii) One by the Secretary of Health and Human Services.

(viii) One by the Secretary of Commerce.

(ix) One by the head of any other agency (or, if more than 1, by each of the respective heads of any other agencies) determined appropriate by the Committee.

As used in clause (ix), the term "agency" does not include any element of the intelligence community.

(C) Chief human capital officers council.--The Chief Human Capital Officers Council shall provide advice to the Committee regarding technical human capital issues.

(D) Covered agency officials.--

(i) In general.--The head of each covered agency shall designate an officer and office within that covered agency with responsibility for the implementation of this subtitle.

(ii) Existing offices.--If an officer or office of a covered agency is designated as the officer or office within the covered agency with responsibility for the implementation of Executive Order No. 13434 for the covered agency on the date of enactment of this Act, the head of the covered agency shall designate the officer or office as the officer or office within the covered agency with responsibility for the implementation of this subtitle.

(E) Staff.--

(i) In general.--Not more than 3 full-time employees (or the equivalent) may be hired to assist the Committee in the implementation of this subtitle. Each employee so hired shall be selected from among individuals serving in the Office of Management and Budget, the Office of Personnel Management, or any other agency.

(ii) Funding.--

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

(II) Offset.--

(aa) In general.--Except as provided in subparagraph (D)(ii), effective on the date of enactment of this Act, the National Security Professional Development Integration Office of the Department of Defense is terminated and, on and after the date of enactment of this Act, the Secretary of Defense may not establish a comparable office to implement Executive Order No. 13434 or to design, administer, or report on the creation of a national security professional development system, cadre of national security professionals, or any personnel rotations, education, or training for individuals involved in interagency activities or who are national security professionals who are not employed by the Department of Defense. Nothing in this item shall be construed to prohibit the Secretary of Defense from establishing or designating an office to administer interagency rotations by, or the interagency activities of, employees of the Department of Defense.

(bb) Transfer of functions.--Effective on the date of enactment of this Act, there are transferred to the Office of Management and Budget or the Office of Personnel Management, as determined appropriate by the Committee, the functions of the National Security Professional Development Integration Office of the Department of Defense.

(cc) Funds.--Effective on the date of enactment of this Act, all unobligated balances made available for the activities of the National Security Professional Development Integration Office of the Department of Defense are rescinded.

(d) National Security Interagency Communities of Interest.--

(1) Identification of icis.--Subject to subsection (g), the Committee--

(A) shall identify ICIs on an ongoing basis for purposes of carrying out this subtitle; and

(B) may alter or discontinue an ICI identified under subparagraph (A).

(2) Identification of ici positions.--The head of each covered agency shall identify ICI positions within the covered agency.

(3) Interagency bodies.--

(A) Identification.--

(i) In general.--The Committee shall identify--

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

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

(ii) Certain bodies.--

(I) In general.--The Committee shall identify the National Security Council as an interagency body under this subparagraph.

(II) FBI rotations.--Joint Terrorism Task Forces shall not be considered interagency bodies for purposes of service by employees of the Federal Bureau of Investigation.

(iii) Duties of head of covered agency.--

The Committee shall designate the Federal officer who shall perform the duties of the head of a covered agency relating to ICI positions within an interagency body.

(B) Positions in interagency bodies.--The officials designated under subparagraph (A)(iii) shall identify--

(i) positions within their respective interagency bodies that are ICI positions; and

(ii) positions within their respective interagency bodies--

(I) that are not a position described under subsection (b)(10)(A) or (C) or a position filled by an employee described under subsection (b)(10)(B); and

(II) for which service in the position shall constitute interagency rotational service.

(e) Interagency Community of Interest Rotational Service.--

(1) Exclusion of senior positions.--For purposes of this subsection, the term "ICI position" does not include a senior position.

(2) Rotations.--

(A) In general.--The Committee shall provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is--

(i) within another covered agency or within an interagency body; and

(ii) within the same ICI.

(B) Exception.--An employee may be assigned to an ICI position in another covered agency or in an interagency body that is not in the ICI applicable to an ICI position in which the employee serves or has served if--

(i) the employee has particular nongovernmental or other expertise or skills that are relevant to the assigned ICI position; and (ii) the head of the covered agency employing the employee, the head of the covered agency to which the assignment is made, and the Committee approve the assignment.

(C) Nonreimbursable basis.--Service by an employee in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed without reimbursement.

(D) Return to prior position.--Except as otherwise provided by the Committee, an employee performing service in an ICI position in another covered agency or interagency body or in a position designated under subsection (d)(3)(B)(ii) shall be entitled to return, within a reasonable period of time after the end of the period of service, to the position held by the employee, or a corresponding or higher position (or, in the case of an employee in the Foreign Service, as defined in section 102(11) of the Foreign Service Act of 1980 (22 U.S.C. 3902(11)), a position in the same or a higher personnel category), in the covered agency employing the employee.

(3) Selection of ici positions open for rotational service.--

(A) In general.--The head of each covered agency shall determine which ICI positions in the covered agency shall be available for service by employees from another covered agency and may modify a determination under this subparagraph.

(B) List.--The Committee shall maintain a single, integrated list of ICI positions and of positions available for service by employees from another covered agency under this subsection and shall make the list available to Federal employees on an ongoing basis in order to facilitate applications for the positions and long-term career planning by employees of the executive branch of the Government, except to the extent that the Committee determines that the identity of certain positions should not be distributed in order to protect national security or homeland security.

(4) Minimum period of service.--With respect to the period of service in an ICI position in another covered agency or interagency body, the Committee--

(A) shall, notwithstanding any other provision of law, ensure that the period of service is sufficient to gain an adequately detailed understanding and perspective of the covered agency or interagency body at which the employee is assigned;

(B) may provide for different periods of service, depending upon the nature of the position, including whether the position is in an area that is a combat zone for purposes of section 112 of the Internal Revenue Code of 1986; and

(C) shall require that an employee performing service in an ICI position in another covered agency or interagency body is informed of the period of service for the position before beginning such service.

(5) Voluntary nature of rotational service.--

(A) In general.--Except as provided in subparagraph (B), service in an ICI position in another covered agency or interagency body shall be voluntary on the part of the employee.

(B) Authority to assign involuntarily.--If the head of a covered agency has the authority under another provision of law to assign an employee involuntarily to a position and the employee is serving in an ICI position, the head of the covered agency may assign the employee involuntarily to serve in an ICI position in another covered agency or interagency body.

(6) Training and education of personnel performing interagency rotational service.--Each employee performing interagency rotational service shall participate in the training and education, if any, that is regularly provided to new employees by the covered agency or interagency body in which the employee is serving in order to learn how the covered agency or interagency body functions.

(7) Prevention of need for increased personnel levels.--The Committee shall ensure that employees are rotated across covered agencies and interagency bodies within an ICI in a manner that ensures that, for the original ICI positions of all employees performing service in an ICI position in another covered agency or interagency body--

(A) employees from another covered agency or interagency body who are performing service in an ICI position in another covered agency or interagency body, or other available employees, begin service in such original positions within a reasonable period, at no additional cost to the covered agency or the interagency body in which such original positions are located; or (B) other employees do not need to serve in the positions in order to maintain the effectiveness of or to prevent any costs being accrued by the covered agency or interagency body in which such original positions are located.

(8) Open and fair competition.--Each covered agency or interagency body that has an ICI position available for service by an employee from another covered agency shall coordinate with the Office of Personnel Management to ensure that employees of covered agencies selected to perform interagency rotational service shall be selected in a fully open and competitive manner that is consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of title 5, United States Code, unless the ICI position is otherwise exempt under another provision of law.

(9) Personnel law matters.--

(A) National security exclusion.--The identification of a position as available for service by an employee of another covered agency or as being within an ICI shall not be a basis for an order under section 7103(b) of title 5, United States Code, excluding the covered agency, or a subdivision thereof, in which the position is located from the applicability of chapter 71 of such title.

(B) On rotation.--An employee performing interagency rotational service shall have all the rights that would be available to the employee if the employee were detailed or assigned under a provision of law other than this subtitle from the agency employing the employee to the agency in which the ICI position in which the employee is serving is located.

(10) Consultation.--The Committee shall consult with relevant associations, unions, and other groups involved in collective bargaining or encouraging public service, organizational reform of the Government, or interagency activities (such as the Simons Center for the Study of Interagency Cooperation of the Command and General Staff College Foundation) in formulating and implementing policies under this subtitle.

(11) Officers of the armed forces.--The policies, procedures, and practices for the management of officers of the Armed Forces may provide for the assignment of officers of the Armed Forces to ICI positions or positions designated under subsection (d)(3)(B)(ii).

(12) Performance appraisals.--The Committee shall--

(A) ensure that an employee receives performance evaluations that are based primarily on the contribution of the employee to the work of the covered agency in which the employee is performing service in an ICI position in another covered agency or interagency body and the functioning of the applicable ICI; and

(B) require that--

(i) officials at the covered agency employing the employee conduct the evaluations based on input from the supervisors of the employee during service in an ICI position in another covered agency or interagency body; and

(ii) the evaluations shall be provided the same weight in the receipt of promotions and other rewards by the employee from the covered agency employing the employee as performance evaluations receive for other employees of the covered agency.

(f) Selection of Senior Positions in an Interagency Community of Interest.--

(1) Selection of individuals to fill senior positions within an ici.--In selecting individuals to fill senior positions within an ICI, the head of a covered agency shall ensure that a strong preference is given to personnel who have performed interagency rotational service.

(2) Establishment by heads of covered agencies of minimum thresholds.--

(A) In general.--On October 1 of the 2nd fiscal year after the fiscal year in which the Committee identifies an ICI, and October 1 of each fiscal year thereafter, the head of each covered agency within which 1 or more positions within that ICI are located shall establish the minimum number of that agency's senior positions that are within that ICI that shall be filled by personnel who have performed interagency rotational service.

(B) Reporting requirements.--

(i) Minimum number of positions.--Not later than 30 days after the date on which all heads of covered agencies have established the minimum number required under subparagraph (A) for a fiscal year, the Committee shall submit to Congress a consolidated list of the minimum numbers of senior positions that shall be filled by personnel who have performed interagency rotational service.

(ii) Failure to meet minimum number.--Not later than 30 days after the end of any fiscal year in which a covered agency fails to meet the minimum number of senior positions to be filled by individuals who have performed interagency rotational service established by the head of the covered agency under subparagraph (A), the head of the covered agency shall submit to the Committee and Congress a report identifying the failure and indicating what actions the head of the covered agency has taken or plans to take in response to the failure.

(3) Other rotational requirements.--

(A) Credit for service in another component within an agency.--Service performed during the first 3 fiscal years after the fiscal year in which an ICI is identified by the Committee by an employee in a rotation to an ICI position in another component of the covered agency that employs the employee that is identified under subparagraph (B) shall constitute interagency rotational service for purposes of this section.

(B) Identification of components.--Subject to approval by the Committee, the head of a covered agency may identify the components of the covered agency that are sufficiently independent in functionality for service in a rotation in the component to qualify as service in another component of the covered agency for purposes of subparagraph (A).

(g) Implementation.--

(1) Icis and ici positions.--

(A) In general.--During each of the first 4 fiscal years after the fiscal year in which this Act is enacted--

(i) there shall be 2 ICIs, which shall be an ICI for emergency management and an ICI for stabilization and reconstruction; and

(ii) not less than 20 employees and not more than 25 employees in the executive branch of the Government shall perform service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee under this subtitle.

(B) Location.--

(i) In general.--The Committee shall designate a metropolitan area in which the ICI for emergency management will be located and a metropolitan area in which the ICI for stabilization and reconstruction will be located.

(ii) Service.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, any service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed--

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

(2) Priority for details.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, a covered agency shall give priority in using amounts available to the covered agency for details to assigning employees on a rotational basis under this subtitle.

(h) Strategy and Performance Evaluation.--

(1) Issuing of strategy.--

(A) In general.--Not later than October 1 of the 3rd fiscal year after the fiscal year in which this Act is enacted, and every 4 fiscal years thereafter through the 11th fiscal year after the fiscal year in which this Act is enacted, the Committee shall issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary for accomplishing national security and homeland security objectives that require integration of personnel and activities from multiple agencies of the executive branch of the Government.

(B) Consultations with congress.--In developing or making adjustments to the National Security Human Capital Strategy issued under subparagraph (A), the Committee--

(i) shall consult at least annually with Congress, including majority and minority views from all appropriate authorizing, appropriations, and oversight committees; and

(ii) as the Committee determines appropriate, shall solicit and consider the views and suggestions of entities potentially affected by or interested in the strategy.

(C) Contents of strategy.--Each National Security Human Capital Strategy issued under subparagraph (A) shall--

(i) provide for the implementation of this subtitle;

(ii) identify best practices from ICIs already in operation;

(iii) identify any additional ICIs to be identified by the Committee;

(iv) include a schedule for the issuance of directives and establishment of standards relating to the requirements under this subtitle by the Committee;

(v) include a description of how the strategy incorporates views and suggestions obtained through the consultations with Congress required under subparagraph (B);

(vi) include an assessment of performance measures over a multi-year period, such as--

(I) the percentage of ICI positions available for service by employees from another covered agency for which such employees performed such service;

(II) the number of personnel participating in interagency rotational service in each covered agency and interagency body;

(III) the length of interagency rotational service under this subtitle;

(IV) reports by the heads of covered agencies submitted under subsection (f)(2)(B)(ii);

(V) the training and education of personnel who perform interagency rotational service, and the evaluation by the Committee of the training and education;

(VI) the positions (including grade level) held by employees who perform interagency rotational service during the period beginning on the date on which the interagency rotational service terminates and ending on the date of the assessment; and

(VII) to the extent possible, the evaluation of the Committee of the utility of interagency rotational service in improving interagency integration.

(2) Reports.--Not later than October 1 of the 2nd fiscal year after a fiscal year in which the Committee issues a National Security Human Capital Strategy under paragraph (1), the Committee shall assess the performance measures described in paragraph (1)(C)(vi).

(3) Submission to congress.--Not later than 30 days after the date on which the Committee issues a National Security Human Capital Strategy under paragraph (1) or assesses performance measures under paragraph (2), the Committee shall submit the strategy or assessment to Congress.

(i) GAO Study of Interagency Rotational Service.--Not later than the end of the 2nd fiscal year after the fiscal year in which this Act is enacted, the Comptroller General of the United States shall submit to Congress a report regarding--

(1) the extent to which performing service in an ICI position in another covered agency or an interagency body under this subtitle enabled the employees performing the service to gain an adequately detailed understanding of and perspective on the covered agency or interagency body, including an assessment of the effect of--

(A) the period of service; and

(B) the duties performed by the employees during the service;

(2) the effectiveness of the Committee and the staff of the Committee funded under subsection (c)(5)(E)(ii) in overseeing and managing interagency rotational service under this subtitle, including an evaluation of any directives or standards issued by the Committee;

(3) the participation of covered agencies in interagency rotational service under this subtitle, including whether each covered agency that performs a mission relating to an ICI in effect--

(A) identified positions within the covered agency as ICI positions;

(B) had 1 or more employees from another covered agency perform service in an ICI position in the covered agency; or (C) had 1 or more employees of the covered agency perform service in an ICI position in another covered agency;

(4) the positions (including grade level) held by employees after completing interagency rotational service under this subtitle, and the extent to which the employees were rewarded for the service; and

(5) the extent to which or likelihood that interagency rotational service under this subtitle has improved or is expected to improve interagency integration.

(j) Prohibition of Printed Reports.--Each strategy, plan, report, or other submission required under this subtitle--

(1) shall be made available by the agency issuing the strategy, plan, report, or other submission only in electronic form; and

(2) shall not be made available by the agency in printed form.

(k) Exclusion.--This subtitle shall not apply to any element of the intelligence community.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

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

(a) Authority for Fiscal Year 2013.--Subsection (a) of section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619) is amended--

(1) in the heading, by striking "fiscal Year 2012" and inserting "fiscal Year 2013"; and

(2) by striking "fiscal year 2012" and inserting "fiscal year 2013".

(b) Quarterly Reports.--Subsection (b)(1) of such section is amended by striking "fiscal year 2012" and inserting "fiscal year 2013".

(c) Extension of Authority to Accept Contributions.--Subsection (f) of such section is amended by striking "in fiscal year 2012" and inserting "during any period during which the authority of subsection (a) is in effect".

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

(a) Authorized Elements.--Section 1206(b)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3457), as amended by the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by striking "equipment, supplies and training" and inserting "equipment, supplies, training, and small- scale military construction activities".

(b) Use of Funds for Fiscal Year 2013.--Subsection (c) of such section, as most recently amended by section 1204(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1621), is further amended by adding at the end the following:

"(6) Use of funds for fiscal year 2013.--

"(A) Limitation on small-scale military construction activities.--Of amounts available under this subsection for the authority in subsection (a) for fiscal year 2013--

"(i) not more than $750,000 may be obligated or expended for small-scale military construction activities (as described in subsection (b)(1)) under a program authorized under subsection (a); and

"(ii) not more than $25,000,000 may be obligated or expended for small-scale military construction activities (as described in subsection (b)(1)) under all programs authorized under subsection (a).

"(B) Availability of funds for programs during fiscal year 2014.--

"(i) In general.--Subject to clause (ii), not more than 20 percent of amounts available under this subsection for the authority in subsection (a) for fiscal year 2013 may be obligated and expended to conduct or support a program authorized under subsection (a) during fiscal year 2014.

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

SEC. 1203. THREE-YEAR EXTENSION OF AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.

Section 1207(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2514; 10 U.S.C. 168 note) is amended by striking "September 30, 2012" and inserting "September 30, 2015".

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

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

(a) Extension.--Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as most recently amended by section 1213 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1630), is further amended--

(1) by striking "fiscal year 2012" and inserting "fiscal year 2013"; and

(2) by striking "Operation Iraqi Freedom or".

(b) Limitation on Amount Available.--Subsection (d)(1) of such section, as so amended, is further amended--

(1) by striking "fiscal year 2012" and inserting "fiscal year 2013";

(2) by striking "$1,690,000,000" and inserting "$1,650,000,000"; and

(3) by adding at the end the following: "Of the aggregate amount specified in the preceding sentence, the total amount of reimbursements made under subsection (a) and support provided under subsection (b) to Pakistan during fiscal year 2013 may not exceed $650,000,000.".

(c) Additional Limitation on Reimbursement of the Government of Pakistan.--Such section, as so amended, is further amended--

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

"(f) Additional Limitation on Reimbursement of the Government of Pakistan.--In addition to the other requirements of this section, reimbursements authorized by subsection (a) and the support authorized by subsection (b) may be made to the Government of Pakistan for support of United States military operations for fiscal year 2013 only if the Secretary of Defense submits to the congressional defense committees the following:

"(1) A report that contains a description of--

"(A) a model for reimbursement, including how claims are proposed and adjudicated;

"(B) new conditions or caveats that the Government of Pakistan places on the use of its supply routes; and

"(C) the estimated differences in costs associated with transit through supply routes in Pakistan for fiscal year 2011 as compared to fiscal year 2013.

"(2) A certification of the Secretary of Defense that the Government of Pakistan is taking demonstrable steps to--

"(A) supporting counterterrorism operations against Al Qaeda, its associated movements, the Haqqani Network, and other domestic and foreign terrorist organizations;

"(B) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs;

"(C) preventing the proliferation of nuclear- related material and expertise; and

"(D) issuing visas in a timely manner for United States Government personnel supporting counterterrorism efforts and assistance programs in Pakistan.

"(3) A certification of the Secretary of Defense that the Government of Pakistan--

"(A) has opened the Ground Lines of Communication;

"(B) is allowing the transit of NATO supplies through Pakistan into Afghanistan; and

"(C) is supporting retrograde of United States equipment out of Afghanistan.".

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

(a) Types of Support.--Subsection (b) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1631) is amended--

(1) by striking "The operations" and inserting the following:

"(1) In general.--The operations"; and

(2) by adding at the end the following:

"(2) Train and assist.--The operations and activities that may be carried out by the Office of Security Cooperation in Iraq using funds provided under subsection (a) may, with the concurrence of the Secretary of State, include training and assisting Iraqi Ministry of Defense personnel.".

(b) Limitation on Amount.--Subsection (c) of such section is amended by inserting at the end before the period the following: "and in fiscal year 2013 may not exceed $508,000,000".

(c) Source of Funds.--Subsection (d) of such section is amended--

(1) by inserting "or fiscal year 2013" after "fiscal year 2012"; and

(2) by striking "that fiscal year" and inserting "fiscal year 2012 or 2013, as the case may be,".

(d) Report.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the Office of Security Cooperation in Iraq.

(2) Matters to be included.--The report shall include the following:

(A) The plan to consolidate Office sites.

(B) The status of any pending requests for additional United States military forces for the Office.

(C) The legal status and legal protections provided to Office personnel, the operational impact of such status and protections, and the associated constraints on the operational capacity of such personnel by reason of their legal status.

(D) The operational and functional limitations and authorities of Office personnel.

(E) A description of potential direct threats to Office personnel and their capacity to provide adequate force protection to thwart those threats.

(3) Form.--The report shall be submitted in unclassified form, but may contain a classified annex if necessary.

(4) Definition.--In this section, the term "appropriate congressional committees" means--

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN.

Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392), as amended by section 1216 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1632), is further amended--

(1) in subsection (a)--

(A) by striking "$50,000,000" and inserting "$35,000,000"; and

(B) by striking "in each of fiscal years 2011 and 2012" and inserting "for fiscal year 2013"; and

(2) in subsection (e)--

(A) by striking "utilize funds" and inserting "obligate funds"; and

(B) by striking "December 31, 2012" and inserting "December 31, 2013".

SEC. 1214. PROHIBITION ON USE OF PRIVATE SECURITY CONTRACTORS AND MEMBERS OF THE AFGHAN PUBLIC PROTECTION FORCE TO PROVIDE SECURITY FOR MEMBERS OF THE ARMED FORCES AND MILITARY INSTALLATIONS AND FACILITIES IN AFGHANISTAN.

(a) Findings.--Congress makes the following findings:

(1) According to the Department of Defense, as of February 1, 2012, there had been 42 insider attacks on coalition forces since 2007 by the Afghan National Army, Afghan National Police, or Afghan nationals hired by private security contractors to guard United States bases and facilities in Afghanistan.

(2) The Department of Defense data shows that the trend of insider attacks is increasing.

(3) Members of the Armed Forces of the United States continue to be garrisoned and housed in facilities and installations in Afghanistan that are guarded by private security contractors and not by United States or coalition forces.

(4) President Karzai has prohibited the use of private security contractors in Afghanistan and determined that beginning in March, 2012, the Afghan Ministry of Interior will provide Afghan Public Protection Forces on a reimbursable basis to those desiring to contract for additional security.

(5) The Afghan Ministry of Interior will have the primary responsibility for screening and vetting the Afghan nationals who will comprise the Afghan Public Protection Force.

(6) The current force levels in Afghanistan are necessary to accomplish the International Security Assistance Force mission and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should not come at the expense of mission success.

(7) The President of the United States has begun to draw down United States military forces in Afghanistan and has committed to continue this drawdown through 2014.

(8) The redeployment phase of any military operation brings increasing vulnerabilities to members of the Armed Forces.

(9) It is the responsibility of the Commander in Chief to provide for the security for members of the Armed Forces deployed to Afghanistan and to mitigate internal threats to such forces to the greatest extent possible, while continuing to meet the objectives of the International Security Assistance Force mission in Afghanistan, including the training and equipping of the Afghan National Security Forces in order that they may provide for their own security.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the best security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should be provided;

(2) better security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan can be provided by United States military personnel than private security contractors or members of the Afghan Public Protection Force;

(3) the President should take action in light of the increased risk to members of the Armed Forces during this transitional period in Afghanistan and the increasing number of insider attacks; and

(4) the United States remains committed to mission success in Afghanistan in light of the national security interests in the region and the sacrifice and commitment of the United States Armed Forces over the last ten years.

(c) Prohibition.--Notwithstanding section 2465 of title 10, United States Code, funds appropriated to the Department of Defense may not be obligated or expended for the purpose of--

(1) entering into a contract for the performance of security-guard functions at a military installation or facility in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed;

(2) otherwise employing private security contractors to provide security for members of the Armed Forces deployed to Afghanistan; or (3) employing the Afghan Public Protection Force to provide security for such members or to perform such security-guard functions at such a military installation or facility.

(d) Requirement.--

(1) In general.--The President shall ensure that as many appropriately trained members of the Armed Forces of the United States as are necessary are available to--

(A) perform security-guard functions at all military installations and facilities in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed;

(B) provide security for members of the Armed Forces deployed to Afghanistan; and

(C) provide adequate counterintelligence support for such members.

(2) Relationship to other requirements and limitations.--

The members of the Armed Forces required to be made available under paragraph (1) shall be in addition to--

(A) the number of such members who are deployed to Afghanistan to support the requirements of the North Atlantic Treaty Organization mission in Afghanistan and the military campaign plan of the Commander of the International Security and Assistance Force; and

(B) any limitation on force levels that may be in effect.

(e) Waiver.--The President may waive the prohibition under subsection (c) and the requirement under subsection (d) if the President submits to Congress a certification in writing that--

(1) the use of private security contractors or the Afghan Public Protection Force can provide a level of security and force protection for members of the Armed Forces deployed to Afghanistan that is at least equal to the security and force protection that can be provided by members of the Armed Forces; and (2) the Secretary of Defense has ensured that all employees of private security contractors and members of the Afghan Public Protection Force providing security or force protection for members of the Armed Forces deployed to Afghanistan are independently screened and vetted by members of the Armed Forces of the United States.

(f) Report.--

(1) In general.--Not later than 30 days after the end of each quarter of fiscal years 2013 and 2014, the Secretary of Defense shall submit to the congressional defense committees a report on the following:

(A) Data on attempted and successful attacks by the Afghan National Security Forces, the Afghan Public Protection Force, and private security contractors on United States Armed Forces and civilian personnel of the Department of Defense.

(B) The number of members of the United States Armed Forces and civilian personnel of the Department of Defense wounded or killed due to such attacks.

(C) A description of tactical or covert methods used in such attacks and a description of motivations for such attacks.

(2) Additional information.--The first report submitted following the date of the enactment of this Act and the report submitted for the first quarter of fiscal year 2014 shall also include the following:

(A) Actions the Department of Defense is taking to monitor indicators and early warning signs of infiltration or co-option of the Afghan National Security Forces, the Afghan Public Protection Force, and private security contractors.

(B) The methodology and systematic approach to resolving disputes between the Afghan National Security Forces and United States Armed Forces and civilian personnel of the Department of Defense when such disputes arise.

(g) Definition.--In this section, the term "members of the Armed Forces deployed to Afghanistan" means members of the Armed Forces deployed to Afghanistan in support of the International Security Assistance Force in Afghanistan and members of the Armed Forces of the United States deployed to Afghanistan in support of Operation Enduring Freedom.

SEC. 1215. REPORT ON UPDATES AND MODIFICATIONS TO CAMPAIGN PLAN FOR AFGHANISTAN.

(a) Report Required.--Not later than 180 days after the date on which any substantial update or modification is made to the campaign plan for Afghanistan (including the supporting and implementing documents for such plan), the Comptroller General of the United States shall submit to the congressional defense committees a report on the updated or modified plan, including an assessment of the updated or modified plan.

(b) Exception.--The requirement to submit a report under subsection (a) on any substantial update or modification to the campaign plan for Afghanistan shall not apply if the Comptroller General--

(1) determines that a report submitted to Congress by the Comptroller General before the date of the enactment of this Act substantially meets the requirement to submit the report under subsection (a); and

(2) notifies the congressional defense committees in writing of the determination under paragraph (1).

(c) Termination.--The requirement to submit a report under subsection (a) on any substantial update or modification to the campaign plan for Afghanistan shall terminate on September 30, 2014.

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

SEC. 1216. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN.

(a) Sense of Congress.--It is the sense of Congress that--

(1) following Al Qaeda's attacks on the United States on September 11, 2001, United States and coalition forces have achieved significant progress toward security and stability in Afghanistan;

(2) as the United States completes transfer of the lead for security to the Afghan National Security Forces by the end of 2014, the United States should ensure that the gains in security are maintained;

(3) the United States mission in Afghanistan continues to be to disrupt, dismantle, and defeat al Qaeda, as well as to prevent its return to either Afghanistan or Pakistan;

(4) the specific objectives in Afghanistan are to deny safe haven to Al Qaeda and to deny the Taliban the ability to overthrow the Afghan Government;

(5) the Taliban, Haqqanis, and associated insurgents continue to enjoy safe havens in Pakistan, but are unlikely to be capable of overthrowing the Afghan Government unless the United States withdraws forces precipitously from Afghanistan;

(6) the Haqqani Network provides unique capabilities and capacity to the Afghan Taliban, and additionally, serves as a combat multiplier to the Afghan insurgency due to its geographic primacy over the key terrain of the Paktika, Paktia, and Khost provinces, as well as North and South Waziristan, and willingness to introduce international weaponry and technology into the battle space and serve as the reception point and integrator of international foreign fighters into the Afghan insurgency;

(7) the Haqqani Network has been the most important Afghan- based protector of Al Qaeda;

(8) the unique capabilities and effects brought to the battle space by the Haqqani Network necessitate that the Government of Afghanistan should have superior operational capacity in order to maintain the security of Afghanistan over time;

(9) the United States military should not maintain an indefinite combat mission in Afghanistan and should transition to a counter-terrorism and advise and assist mission at the earliest practicable date, consistent with conditions on the ground;

(10) significant uncertainty exists within Afghanistan regarding the level of future United States military support; and (11) in order to reduce this uncertainty, and to promote further stability and security in Afghanistan, the President should--

(A) fully consider the International Security Assistance Force Commander's assessment regarding the need for the United States to maintain a "significant combat presence through 2013";

(B) maintain a force of at least 68,000 troops through December 31, 2014, unless fewer forces can achieve United States objectives;

(C) maintain a credible troop presence after December 31, 2014, sufficient to conduct counter- terrorism and train and advise the Afghan National Security Forces, consistent with the Strategic Partnership Agreement (signed on May 2, 2012); and

(D) maintain sufficient funding for the Afghan National Security Forces to accomplish the objectives described in paragraphs (3), (4), and (8).

(b) Notification.--The President shall notify the congressional defense committees of any decision to reduce the number of United States Armed Forces deployed in Afghanistan below the number of such Armed Forces deployed in Afghanistan on--

(1) December 31, 2012;

(2) December 31, 2013; and

(3) December 31, 2014, prior to any public announcement of any such decision to reduce the number of United States Armed Forces deployed in Afghanistan.

(c) Matters to Include in Notification.--As part of a notification required by subsection (b), the President shall--

(1) provide an assessment of the relevant security risk metrics associated with the marginal reduction in force levels; and (2) provide a by-unit assessment of the operational capability of the Afghan National Security Forces to independently conduct the required operations to maintain security in Afghanistan.

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

(a) In General.--Section 1224(h) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2521), as most recently amended by section 1220 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1633), is further amended by striking "September 30, 2012" both places it appears and inserting "September 30, 2013".

(b) Limitation on Funds Subject to Report and Updates.--Section 1220(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1633) is amended--

(1) in the heading of paragraph (1), by inserting "for fiscal year 2012" after "funds";

(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

(3) by inserting after paragraph (1) the following:

"(2) Limitation on funds for fiscal year 2013; report required.--Of the amounts appropriated or transferred to the Fund for fiscal year 2013, not more than 10 percent of such amounts may be obligated or expended until 30 days after the date on which the Secretary of Defense, with the concurrence of the Secretary of State, submits to the appropriate congressional committees an update of the report required under paragraph (1).";

(4) in paragraph (3) (as redesignated)--

(A) by inserting "after fiscal year 2013" after "any fiscal year";

(B) by striking "requested to be"; and

(C) by striking "at the same time that the President's budget is submitted pursuant to section 1105(a) of title 31, United States Code" and inserting "not later than 45 days before amounts in the Fund are made available to the Secretary of Defense"; and

(5) in paragraph (4) (as redesignated), by striking "the update required under paragraph (2)" and inserting "the updates required under paragraphs (2) and (3)".

SEC. 1218. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN AFGHANISTAN.

(a) In General.--Section 1230 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most recently amended by section 1218(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1632), is further amended--

(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and

(2) by inserting after subsection (d) the following:

"(e) Additional Matters to Be Included on Afghanistan National Security Forces.--In reporting on performance indicators and measures of progress required under subsection (d)(2)(D), the report required under subsection (a) shall assess the following:

"(1) For overall Afghanistan National Security Forces (ANSF):

"(A) Overall Afghan National Army (ANA) and Afghan National Police (ANP) literacy rate; ANA and ANP literacy rate by region; ANSF literacy rate by Kandak, Brigade, and Corps; trends over time; and how literacy improvements have enhanced associated mission essential competencies and professionalization of the ANSF.

"(B) An assessment of the ANA and the ANP interaction with the Afghan civilian population, respect for human rights, and associated professional education.

"(C) By fiscal year (current and one-year projected) budget requirements.

"(D) A by-country outline of contributions for the current fiscal year and one-year projected fiscal year.

"(E) By-Kandak Mission Essential Task List proficiency.

"(2) For recruitment:

"(A) Outline of screening criteria.

"(B) Literacy rate of all recruits.

"(C) Outline of the security vetting procedures.

"(D) Percentage screened that are not eligible to serve.

"(E) Percentage screened that report for entry level training.

"(F) Percentage attained of the required ANA end strength, of the ANP end strength, and overall ANSF end strength.

"(G) Trends in each above mentioned category from the prior fiscal year through the current report deadline.

"(3) For entry-level training:

"(A) Percentage that entered and successfully complete training.

"(B) A by-specialty list of all recruits that fail to graduate entry level training for the ANA and ANP.

"(C) Percentage of recruits that become unaccounted (UA) for or are 'Absent Without Leave' (AWOL) during training.

"(D) Trends in each above mentioned category from the prior fiscal year through the current report deadline.

"(4) For personnel administration:

"(A) Percentage of the ANSF that was paid on time.

"(B) UA/AWOL rate by Kandak, Brigade, and Corps.

"(C) Trends in each above mentioned category from the prior fiscal year through the current report deadline.

"(5) For professionalization of the ANSF:

"(A) Percentage of noncommissioned officer corps personnel as compared to noncommissioned officer corps end-strength requirements.

"(B) Number of enlisted, noncommissioned officer corps, and officers that complete continuing education.

"(C) An assessment of the noncommissioned officer corps continuing education program.

"(6) For retention:

"(A) On average time ANA and ANP personnel remain in their respective units.

"(B) By-fiscal year, by-Kandak percentage of personnel retained and personnel attrition from the prior fiscal year through the current report deadline.

"(7) For logistics:

"(A) On average percentage shortfall, by Kandak, of Class I-IX supplies, which includes Class I - Food, rations, and water; Class II - Clothing; Class III - Petroleum, oils, and lubricants; Class IV - Fortification and barrier materials; Class V - Ammunition; Class VII - Major End Items; Class VIII - Medical supplies; and Class IX - Repair Parts.

"(B) On average number of days to fill supply requests to address operational shortfalls.

"(C) Operational readiness rate for all mission essential equipment by Kandak, Brigade, and Corps.

"(8) For transition:

"(A) Provide the framework that ISAF, in conjunction with the Afghan government, uses to synthesize ANSF performance metrics and adjudicate transition of ANSF units through proficiency levels.

"(B) A by-Kandak analysis of the on average time to transition between proficiency levels since inception of the ANSF transition.

"(C) A by-region overview of the force structure mix that is correlated with the evolution of threat picture in the region.".

(b) Effective Date.--The amendments made this section apply with respect to any report required to be submitted under section 1230 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) on or after the date of the enactment of this Act.

SEC. 1219. LIMITATION ON USE OF FUNDS UNDER THE PAKISTAN COUNTERINSURGENCY FUND.

(a) Limitation.--None of the funds authorized to be appropriated by this Act for the Pakistan Counterinsurgency Fund may be used to provide assistance to the Government of Pakistan until the Secretary of Defense, in consultation with the Secretary of State, certifies to the appropriate congressional committees that the Government of Pakistan is demonstrating a continuing commitment to and is making significant efforts toward the implementation of a strategy to counter improvised explosive devices (IEDs), including--

(1) attacking IED networks;

(2) monitoring known precursors used in IEDs; and

(3) developing a strict protocol for the manufacture of explosive materials, including calcium ammonium nitrate, and accessories and their supply to legitimate end users.

(b) Waiver.--The Secretary of Defense, in consultation with the Secretary of State, may waive the requirements of subsection (a) if the Secretary determines it is in the national security interest of the United States to do so.

(c) Definition.--In this section, the term "appropriate congressional committees" means--

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

Subtitle C--Matters Relating to Iran

SEC. 1221. DECLARATION OF POLICY.

(a) Findings.--Congress makes the following findings:

(1) Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries.

(2) At the same time, Iran may soon attain a nuclear weapons capability, a development that would threaten United States interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world's leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel.

(3) With the assistance of Iran over the past several years, Syria, Hezbollah, and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region.

(4) Preventing Iran from acquiring a nuclear weapon is among the most urgent national security challenges facing the United States.

(5) Successive United States administrations have stated that an Iran armed with a nuclear weapon is unacceptable.

(6) President Obama stated on January 24, 2012, "Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.".

(7) In order to prevent Iran from developing nuclear weapons, the United States, in cooperation with its allies, must utilize all elements of national power including diplomacy, robust economic sanctions, and credible, visible preparations for a military option.

(8) Nevertheless, to date, diplomatic overtures, sanctions, and other non-kinetic actions toward Iran have not caused the Government of Iran to abandon its nuclear weapons program.

(9) With the impact of additional sanctions uncertain, additional pressure on the Government of Iran could come from the credible threat of military action against Iran's nuclear program.

(b) Declaration of Policy.--It shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon.

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

(a) Sense of Congress.--It is the sense of Congress that--

(1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize the United States resolve and the policy of the United States described in section 1221(b) by enhancing the readiness of the United States military and allied forces, as well as signaling to the Government of Iran the commitment of the United States to defend its vital national security interests; and

(2) the President, as Commander in Chief, should augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 1221(b).

(b) Plan.--

(1) In general.--The Secretary of Defense shall prepare a plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 1221(b).

(2) Matters to be included.--The plan required under paragraph (1) shall include, at a minimum, steps necessary for the Armed Forces to support the policy of the United States described in section 1221(b), including--

(A) pre-positioning sufficient supplies of aircraft, munitions, fuel, and other materials for both air- and sea-based missions at key forward locations in the Middle East and Indian Ocean;

(B) maintaining sufficient naval assets in the region necessary to signal United States resolve and to bolster United States capabilities to launch a sustained sea and air campaign against a range of Iranian nuclear and military targets, to protect seaborne shipping, and to deny Iranian retaliation against United States interests in the region;

(C) discussing the viability of deploying at least two United States aircraft carriers, an additional large deck amphibious ship, and a Mine Countermeasures Squadron in the region on a continual basis, in support of the actions described in subparagraph (B); and

(D) conducting naval fleet exercises similar to the United States Fifth Fleet's major exercise in the region in March 2007 to demonstrate ability to keep the Strait of Hormuz open and to counter the use of anti- ship missiles and swarming high-speed boats.

(3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the congressional defense committees not later than 120 days after the date of enactment of this Act.

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

(a) In General.--Section 1245 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2542) is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

"(c) Combatant Commander Assessment.--The report required under subsection (a) shall include an annex, in classified or unclassified form, that includes an identification and assessment of the Commander of the United States Central Command on the following:

"(1) Any critical gaps in intelligence that limit the ability of the Commander to counter threats emanating from Iran.

"(2) Any gaps in the capabilities, capacity, and authorities of the Commander to counter Iranian threats to United States Armed Forces and United States interests in the region.

"(3) Any gaps in the capabilities and capacity of the Commander to take military action against Iran to prevent Iran from developing a nuclear weapon.

"(4) Any other matters the Commander considers to be relevant.".

(b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to each report required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 on or after such date of enactment.

SEC. 1224. ENHANCING THE DEFENSE OF ISRAEL AND UNITED STATES INTERESTS IN THE MIDDLE EAST.

(a) Sense of Congress.--It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel:

(1) Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region.

(2) Provide Israel defense articles, intelligence, and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions.

(3) Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel.

(4) Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq.

(5) Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel's limited air space.

(6) Expand Israel's authority to make purchases under section 23 of the Arms Export Control Act (relating to the "Foreign Military Financing" program) on a commercial basis.

(7) Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises.

(8) Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises.

(9) Support extension of the long-standing loan guarantee program for Israel, recognizing Israel's unbroken record of repaying its loans on time and in full.

(10) Expand already-close intelligence cooperation, including satellite intelligence, with Israel.

(b) Report on Israel's Qualitative Military Edge.--

(1) Statement of policy.--It is the policy of the United States--

(A) to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and

(B) to encourage further development of advanced technology programs between the United States and Israel in light of current trends and instability in the region.

(2) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the status of Israel's qualitative military edge in light of current trends and instability in the region.

(c) Report on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following:

(1) Taking into account Israel's urgent requirement for F- 35 aircraft, actions to improve the process relating to Israel's purchase of F-35 aircraft to improve cost efficiency and timely delivery.

(2) Efforts to expand cooperation between the United States and Israel in homeland defense, counter-terrorism, maritime security, cybersecurity, and other appropriate areas.

(3) Actions to integrate Israel into the defense of the Eastern Mediterranean.

SEC. 1225. PLAN TO ENHANCE MILITARY CAPABILITIES OF PERSIAN GULF ALLIES.

(a) Plan.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to enhance the military capabilities of Persian Gulf allies to bolster the posture of such allies in relation to Iran.

(b) Matters to Be Included.--The plan required under subsection (a) shall include the following:

(1) A description of the means to augment the offensive strike capabilities of key Gulf Cooperation Council allies, including the potential sale or upgrades of strike attack aircraft and bunker buster munitions, to augment the viability of a credible military option and to strengthen such allies' self-defense capabilities against retaliation or military aggression by Iran.

(2) A needs-based assessment, or an update to an existing needs-based assessment, of the military requirements of Persian Gulf allies to support a credible military option and to defend against potential military aggression by Iran.

(3) A detailed summary of any arms sales and training requests by Persian Gulf allies and a description and justification for United States actions taken.

(c) Rule of Construction.--Nothing in the plan required under subsection (a) shall be construed to alter Israel's qualitative military edge.

(d) Submission to Congress.--The plan required under subsection (a) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act.

(e) Form.--The plan required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex.

SEC. 1226. PLAN TO INCREASE STRATEGIC REGIONAL PARTNERSHIPS.

(a) Findings.--Congress finds the following:

(1) The United States should ensure that it has the broadest set of geographic approaches to militarily access Iran.

(2) United States Armed Forces and support staff currently have access from the eastern, southern, and western borders of Iran.

(3) Azerbaijan borders the northern frontier of Iran closest to nuclear sites near Tehran and the Government of Azerbaijan cooperates with the United States on Caspian Sea security and energy issues.

(b) Policy.--It shall be the policy of the United States to--

(1) increase pressure on Iran by providing United States Armed Forces with the broadest set of geographic approaches to militarily access Iran; and

(2) explore means to enhance access to military facilities on the northern border of Iran.

(c) Plan.--

(1) In general.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to increase the strategic partnership with regional allies to provide United States Armed Forces with the broadest set of geographic approaches to militarily access Iran.

(2) Matters to be included.--The plan required under paragraph (1) shall include the following information:

(A) Mechanisms to broaden the geographical approaches to militarily access Iran.

(B) The need, if any, to strengthen the self- defense capabilities of regional allies as a result of such partnerships.

(C) The viability of increasing access for United States Armed Forces to bases in Azerbaijan to augment the viability of a credible military option.

(3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act.

SEC. 1227. DEFINITIONS.

In this subtitle:

(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.

(2) Qualitative military edge.--The term "qualitative military edge" has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).

SEC. 1228. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed as authorizing the use of force against Iran.

Subtitle D--Reports and Other Matters

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

(a) In General.--Subsection (b) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 note), as most recently amended by section 1238 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1642), is further amended--

(1) by redesignating paragraphs (10), (11), and (12) as paragraphs (12), (13), and (14), respectively; and

(2) by inserting after paragraph (9) the following:

"(10) The strategy, goals, and capabilities of Chinese space programs, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Chinese military capabilities.

"(11) The strategy, goals, and capabilities of Chinese cyber activities, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities. Relevant analyses and forecasts shall consider--

"(A) Chinese cyber activities directed against the Department of Defense;

"(B) potential harms that may affect Department of Defense communications, computers, networks, systems, or other military assets as a result of a cyber attack; and

"(C) any other developments regarding Chinese cyber activities that the Secretary of Defense determines are relevant to the national security of the United States.".

(b) Combatant Commander Assessment.--Such section is further amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

"(c) Combatant Commander Assessment.--The report required under subsection (a) shall include an annex, in classified or unclassified form, that includes an identification and assessment of the Commander of the United States Pacific Command on the following:

"(1) Any gaps in intelligence that limit the ability of the Commander to address challenges posed by the People's Republic of China.

"(2) Any gaps in the capabilities, capacity, and authorities of the Commander to address challenges posed by the People's Republic of China to United States Armed Forces and United States interests in the region.

"(3) Any other matters the Commander considers to be relevant.".

(c) Effective Date.--The amendments made by subsections (a) and (b) take effect on the date of the enactment of this Act and apply with respect to each report required to be submitted under section 1202 of the National Defense Authorization Act for Fiscal Year 2000 on or after such date of enactment.

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

(a) Additional Report.--Subsection (a) of section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641) is amended by inserting after "November 1, 2012," the following: "and November 1, 2013,".

(b) Combatant Commander Assessment.--Such section is further amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

"(c) Combatant Commander Assessment.--The report required under subsection (a) shall include an annex, in classified or unclassified form, that includes an identification and assessment of the Commander of the United States Pacific Command on the following:

"(1) Any gaps in intelligence that limit the ability of the Commander to counter threats emanating from North Korea.

"(2) Any gaps in the capabilities, capacity, and authorities of the Commander to counter North Korean threats to United States Armed Forces and United States interests in the region.

"(3) Any other matters the Commander considers to be relevant.".

SEC. 1233. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED STATES MILITARY INSTALLATIONS AND UNITED STATES ARMED FORCES DEPLOYED IN COUNTRY.

(a) Report Required.--

(1) In general.--Not later than March 1 of each year from 2013 through 2015, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the direct, indirect, and burden-sharing contributions made by host nations to support United States Armed Forces deployed in country.

(2) Elements.--The report required by paragraph (1) shall include at least the following:

(A) The methodology and accounting procedures used to measure and track direct, indirect, and burden- sharing contributions made by host nations.

(B) The stationing costs, paid by the host nation, associated with United States Armed Forces stationed outside the territory of the United States in that nation.

(C) A description of direct, indirect, and burden- sharing contributions by host nation, including the following:

(i) Contributions accepted for the following costs:

(I) Compensation for local national employees of the Department of Defense.

(II) Military construction projects of the Department of Defense, including design, procurement, construction management costs, rents on privately- owned land, facilities, labor, utilities and vicinity improvements.

(III) Other costs such as loan guarantees on public-private venture housing and payment-in-kind for facilities returned to the host nation.

(ii) Contributions accepted for any other purpose.

(b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary.

(c) Definitions.--In this section:

(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(2) Host nation.--The term "host nation" means any country that hosts a permanent or temporary United States military installation or a permanent or rotational deployment of United State Armed Forces located outside of the borders of the United States.

(3) Contributions.--The term "contributions" means cash and in-kind contributions made by a host nation that replace expenditures that would otherwise be made by the Secretary of Defense using funds appropriated or otherwise made available in defense appropriations Acts.

SEC. 1234. NATO SPECIAL OPERATIONS HEADQUARTERS.

(a) In General.--Section 1244(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541), as amended by section 1242 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4405), is further amended by striking "fiscal year 2011" and inserting "fiscal year 2013".

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

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

(a) Reports.--Not later than 180 days after the date of the enactment of this Act, and each year thereafter through 2015, the Secretary of Defense shall submit to the appropriate congressional committees a report on the following:

(1) A description of the types of assistance, including assistance relating to missile defense, provided by the Department of Defense to foreign countries that export space, counter-space, and ballistic missile equipment, material, and technologies that could be used in other countries' space, counter-space, and ballistic missile programs.

(2) A description of such exports to countries with space, counter-space, and ballistic missile programs, including a description of specific technologies that are exported to such countries.

(b) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

(1) the congressional defense committees; and

(2) the Committee of Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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

(a) Limitation on Funds for Classified Technology and Data.--

(1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense may be used to provide the Russian Federation with access to information that is classified or was classified as of January 2, 2012, regarding--

(A) missile defense technology of the United States, including hit-to-kill technology; or (B) data, including sensitive technical data, warning, detection, tracking, targeting, telemetry, command and control, and battle management data, that support the missile defense capabilities of the United States.

(2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act.

(b) Limitation on Funds for Other Technology and Data.--

(1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense may be used to provide the Russian Federation with access to missile defense technology or technical data not described in subsection (a) unless--

(A) the President submits to the appropriate congressional committees--

(i) a report that contains a description of--

(I) the specific missile defense technology or technical data to be provided to the Russian Federation, the reasons for providing such technology or data, and how the technology or technical data is intended to be used;

(II) the measures necessary to protect the technology or technical data;

(III) the specific missile defense technology or technical data of the Russian Federation that the Russian Federation is providing the United States with access to; and

(IV) the status and substance of discussions between the United States and the Russian Federation on missile defense matters; and

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

(I) includes an agreement on prohibiting access to such technology or data by any other country or entity;

(II) will not enable the development of countermeasures to any missile defense system of the United States or otherwise undermine the effectiveness of any such missile defense system; and

(III) will correspond to equitable access by the United States to missile defense technology or technical data of the Russian Federation; and

(B) a period of 30 days has elapsed following the date on which the President submits to the appropriate congressional committees the report and written certification under subparagraph (A).

(2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act.

(c) Form.--The report described in clause (i) of subsection (b)(1)(A) and the certification described in clause (ii) of such subsection shall be submitted in unclassified form, but may contain a classified annex, if necessary.

(d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1237. INTERNATIONAL AGREEMENTS RELATING TO MISSILE DEFENSE.

(a) Sense of Congress.--It is the sense of Congress that an agreement regarding missile defense cooperation between the United States and the Russian Federation that is negotiated with the Russian Federation through the North Atlantic Treaty Organization ("NATO") or a provision to amend the charter of the NATO-Russia Council, should not be considered legally or politically binding unless the agreement is--

(1) specifically approved with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the Constitution; or (2) specifically authorized by an Act of Congress.

(b) Missile Defense Agreements.--

(1) In general.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:

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

"(a) In General.--In accordance with the understanding under subsection (b)(1)(B) of the Resolution of Advice and Consent to Ratification of the New START Treaty of the Senate, any agreement with a country or international organization or amendment to the New START Treaty (including an agreement made by the Bilateral Consultative Commission established by the New START Treaty) concerning the limitation of the missile defense capabilities of the United States shall not be binding on the United States, and shall not enter into force with respect to the United States, unless after the date of the enactment of this section, such agreement or amendment is--

"(1) specifically approved with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the Constitution; or

"(2) specifically authorized by an Act of Congress.

"(b) Annual Notification.--Not later than January 31 of each year, beginning in 2013, the President shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification of--

"(1) whether the Russian Federation has recognized during the previous year the sovereign right of the United States to pursue quantitative and qualitative improvements in missile defense capabilities; and

"(2) whether during any treaty negotiations or other Government-to-Government contacts between the United States and the Russian Federation (including under the auspices of the Bilateral Consultative Commission established by the New START Treaty) during the previous year a representative of the Russian Federation suggested that a treaty or other international agreement include, with respect to the United States--

"(A) restricting missile defense capabilities, military capabilities in space, or conventional prompt global strike capabilities; or

"(B) reducing the number of non-strategic nuclear weapons deployed in Europe.

"(c) New START Treaty Defined.--In this section, the term 'New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.".

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130e the following new item:

"130f. International agreements relating to missile defense.".

(c) Defense Technology Cooperation Agreements.--

(1) In general.--Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 2350n. Defense technology cooperation agreements between the United States and the Russian Federation

"(a) In General.--None of the funds made available for fiscal year 2012 or any fiscal year thereafter for the Department of Defense may be used to implement a defense technology cooperation agreement entered into between the United States and the Russian Federation until a period of 60 days has elapsed following the date on which the President transmits such agreement to the congressional defense committees.

"(b) Defense Technology Cooperation Agreement Defined.--In this section, the term 'defense technology cooperation agreement' means a cooperative agreement related to research and development entered into under section 2358 of this title or any other provision of this title.".

(2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2350m the following new item:

"2350n. Defense technology cooperation agreement between the United States and the Russian Federation.".

(d) Limitation on Missile Defense Negotiation.--

(1) In general.--None of the funds made available for fiscal years 2012 or 2013 for the Department of Defense may be used to implement an agreement regarding missile defense entered into with the Russian Federation until the date that is 30 days after the date on which the President transmits to the appropriate congressional committees the draft agreement discussed between the United States and the Russian Federation at Deauville, France, in May 2011.

(2) Applicability.--The limitation in paragraph (1) shall apply with respect to the use of funds on or after the date of the enactment of this Act.

(3) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1238. LIMITATION ON ASSISTANCE TO PROVIDE TEAR GAS OR OTHER RIOT CONTROL ITEMS.

None of the funds authorized to be appropriated by this Act may be used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.

SEC. 1239. REQUIREMENT TO SUBMIT TO CONGRESS A PLAN FOR A FOREIGN INFRASTRUCTURE PROJECT USING FUNDS MADE AVAILABLE FOR OVERSEAS CONTINGENCY OPERATIONS.

(a) Plan Required.--Not later than 60 days prior to the commencement of a covered infrastructure project, the head of the Federal department or agency with primary responsibility for carrying out the project shall submit to Congress a plan to carry out and sustain the project.

(b) Matters to Be Included.--The plan shall include a description of the following:

(1) The total amount of funds to be obligated and expended under the project, including the total amount of funds to be contributed from other sources.

(2) How the project will be maintained after its completion, who will be responsible for maintaining the project, and who will contribute funds for maintaining the project.

(3) How the project will be protected after its completion.

(c) Covered Infrastructure Project.--In this section, the term "covered infrastructure project" or "project" means a project to improve the infrastructure of a foreign country under which the United States contributes not less than $1,000,000 from funds made available for overseas contingency operations.

(d) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect covered infrastructure projects commenced on or after 60 days after such date of enactment.

SEC. 1240. SALE OF F-16 AIRCRAFT TO TAIWAN.

The President shall carry out the sale of no fewer than 66 F-16C/D multirole fighter aircraft to Taiwan.

SEC. 1240A. LIMITATION ON FUNDS FOR INSTITUTIONS OR ORGANIZATIONS ESTABLISHED BY THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA.

None of the funds authorized to be appropriated by this Act may be made available for any institution or organization established by the United Nations Convention on the Law of the Sea, including the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf.

SEC. 1240B. REMOVAL OF BRIGADE COMBAT TEAMS FROM EUROPE.

(a) Finding.--Congress finds that, because defense spending among European NATO countries fell 12% since 2008, from $314 billion to $275 billion, so that currently only 4 out of the 28 NATO allies of the United States are spending the widely agreed-to standard of 2% of their GDP on defense, the United States must look to more wisely allocate scarce resources to provide for the national defense.

(b) Removal Authorized.--The President is authorized and requested to end the permanent basing of units of the United States Armed Forces in European member nations of the North Atlantic Treaty Organization and return the four Brigade Combat Teams currently stationed in Europe to the United States.

(c) Use of Rotational Forces to Satisfy Security Needs.--It is the policy of the United States that the deployment of units of the United States Armed Forces on a rotational basis at military installations in European member nations of the North Atlantic Treaty Organization pursuant to the Army Force Generation (ARFORGEN) process is a force- structure arrangement sufficient to permit the United States--

(1) to satisfy the commitments undertaken by United States pursuant to Article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964);

(2) to address the current security environment in Europe; and (3) to contribute to peace and stability in Europe.

SEC. 1240C. LIMITATION ON FUNDS FOR UNITED STATES PARTICIPATION IN JOINT MILITARY EXERCISES WITH EGYPT.

None of the funds authorized to be appropriated by this Act may be made available for United States participation in joint military exercises with Egypt if the Government of Egypt terminates or withdraws from the 1979 Israeli-Egypt peace treaty.

Subtitle E--Authority to Remove Satellites and Related Components and Technology From the United States Munitions List

SEC. 1241. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS AND TECHNOLOGY FROM THE UNITED STATES MUNITIONS LIST.

(a) Authority.--Subject to subsection (b), the President is authorized to remove commercial satellites and related components and technology from the United States Munitions List, consistent with the procedures in section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)).

(b) Determination.--The President may exercise the authority provided in subsection (a) only if the President submits to the appropriate congressional committees a determination that the transfer of commercial satellites and related components and technology from the United States Munitions List does not pose an unacceptable risk to the national security of the United States. Such determination shall include a description of the risk-mitigating controls, procedures, and safeguards the President will put in place to reduce such risk to an absolute minimum.

(c) Prohibition.--No license or other authorization for export shall be granted for the transfer, retransfer, or reexport of any commercial satellite or related component or technology contained on the Commerce Control List to any person or entity of the following:

(1) The People's Republic of China.

(2) Cuba.

(3) Iran.

(4) North Korea.

(5) Sudan.

(6) Syria.

(7) Any other country with respect to which the United States would deny the application for licenses and other approvals for exports and imports of defense articles under section 126.1 of the International Traffic in Arms Regulations.

(d) Report.--

(1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees on efforts of state sponsors of terrorism, other foreign countries, or entities to illicitly acquire commercial satellites and related components and technology.

(2) Form.--Such report shall be submitted in unclassified form, but may contain a classified annex.

(e) Appropriate Congressional Committee Defined.--In this section, the term "appropriate congressional committees" means--

(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1242. REPORT ON LICENSES AND OTHER AUTHORIZATIONS TO EXPORT COMMERCIAL SATELLITES AND RELATED COMPONENTS AND TECHNOLOGY CONTAINED ON THE COMMERCE CONTROL LIST.

(a) In General.--Not later than 60 days after the end of each calendar quarter, the President shall transmit to the Committee on Banking, Finance, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report containing a listing of all licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List.

(b) Form.--Such report shall be submitted in unclassified form, but may contain a classified annex.

SEC. 1243. REVIEW OF UNITED STATES MUNITIONS LIST.

Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 2778(f)(1)) is amended by striking the last sentence and inserting the following: "Such notice shall include, to the extent practicable, an enumeration of the item or items to be removed and describe the nature of any controls to be imposed on the item or items under any other provision of law.".

SEC. 1244. REPORT ON COUNTRY EXEMPTIONS FOR LICENSING OF EXPORTS OF MUNITIONS AND RELATED TECHNICAL DATA.

(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Attorney General and Secretary of Homeland Security shall submit to the appropriate congressional committees a report that contains an assessment of the extent to which the terms and conditions of an exemption for foreign countries from the licensing requirements of the Commerce Munitions List (or analogous controls for commercial satellites and related components and technology) contain strong safeguards.

(b) Matters to Be Included.--The report shall include a compilation of sufficient documentation relating to the export of munitions, commercial spacecraft, and related technical data to facilitate law enforcement efforts to effectively detect, investigate, deter, and enforce criminal violations of any provision of the Export Administration Regulations, including efforts on the part of state sponsors of terrorism, other foreign countries, or entities to illicitly acquire such controlled United States technology.

(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

(1) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1245. END-USE MONITORING OF MUNITIONS AND RELATED TECHNICAL DATA.

(a) Establishment of Monitoring Program.--In order to ensure accountability with respect to the export of munitions and related technical data on the Commerce Munitions List, the President shall establish a program to provide for the end-use monitoring of such munitions and related technical data.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the program established under subsection (a).

SEC. 1246. INTERAGENCY PROCESS FOR MODIFICATION OF CATEGORY XV OF THE UNITED STATES MUNITIONS LIST.

(a) Interagency Review.--Subject to the procedures in section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)), the President shall ensure that, through interagency procedures or regulations, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, and as appropriate the Director of National Intelligence concur on all subsequent modifications to Category XV of the United States Munitions List (relating to spacecraft systems and associated equipment).

(b) Annual Report.--

(1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the results of the interagency reviews required by subsection (a).

(2) Matters to be included.--The report required under paragraph (1) shall include the following matters:

(A) A review of the space and space-related technologies currently on the United States Munitions List, to include satellite systems, dedicated subsystems, and components.

(B) An assessment of the national security risks of removing certain space and space-related technologies identified under subparagraph (A) from the United States Munitions List.

(C) An examination of the degree to which other nations' export control policies control or limit the export of space and space-related technologies for national security reasons.

(D) Recommendations for--

(i) the space and space-related technologies that should remain on, or may be candidates for removal from, the United States Munitions List based on the national security review required under subsection (a);

(ii) the safeguards and verifications necessary to--

(I) prevent the proliferation and diversion of such space and space- related technologies;

(II) confirm appropriate end use and end users; and

(III) minimize the risk that such space and space-related technologies could be use in foreign missile, space, or other applications that could pose a threat to the security of the United States; and

(iii) improvements to the space export control policy and processes of the United States that do not adversely affect United States national security.

(E) A description of and recommendations regarding how the United States industrial base and United States national security could be enhanced and strengthened through reforms to and amendments of export control laws and regulations.

(3) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1247. DEFINITIONS.

In this subtitle:

(1) Commerce munitions list.--The term "Commerce Munitions List" means items transferred from the United States Munitions List to the Commerce Control List and designated as "600 series" items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 Fed. Reg. 41958), or any successor regulations.

(2) Commercial satellites and related components and technology.--The term "commercial satellites and related components and technology" means--

(A) communications satellites that do not contain classified components, including remote sensing satellites with performance parameters below thresholds identified on the United States Munitions List; and

(B) systems, subsystems, parts, and components associated with such satellites and with performance parameters below thresholds specified for items that would remain on the United States Munitions List.

(3) Export administration regulations.--The term "Export Administration Regulations" means the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any successor regulations.

(4) State sponsor of terrorism.--The term "state sponsor of terrorism" means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law.

(5) United states munitions list.--The term "United States Munitions List" means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

TITLE XIII--COOPERATIVE THREAT REDUCTION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.

(a) Specification of Cooperative Threat Reduction Programs.--For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).

(b) Fiscal Year 2013 Cooperative Threat Reduction Funds Defined.--

As used in this title, the term "fiscal year 2013 Cooperative Threat Reduction funds" means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs.

(c) Availability of Funds.--Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2013, 2014, and 2015.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $519,111,000 authorized to be appropriated to the Department of Defense for fiscal year 2013 in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $68,271,000.

(2) For chemical weapons destruction, $14,630,000.

(3) For global nuclear security, $99,789,000.

(4) For cooperative biological engagement, $276,399,000.

(5) For proliferation prevention, $32,402,000.

(6) For threat reduction engagement, $2,375,000.

(7) For activities designated as Other Assessments/ Administrative Costs, $25,245,000.

(b) Report on Obligation or Expenditure of Funds for Other Purposes.--No fiscal year 2013 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (7) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2013 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.

(c) Limited Authority to Vary Individual Amounts.--

(1) In general.--Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2013 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose.

(2) Notice-and-wait required.--An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--

(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and

(B) 15 days have elapsed following the date of the notification.

SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT REDUCTION ACTIVITIES WITH RUSSIAN FEDERATION.

(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for Cooperative Threat Reduction may be obligated or expended for cooperative threat reduction activities with the Russian Federation until the date that is 30 days after the date on which the Secretary of Defense certifies, in coordination with the Secretary of State, to the appropriate congressional committees that--

(1) Russia is no longer--

(A) providing direct or indirect support to the government of Syria's suppression of the Syrian people; and

(B) transferring to Iran, North Korea, or Syria equipment and technology that have the potential to make a material contribution to the development of weapons of mass destruction or cruise or ballistic missile systems controlled under multilateral control lists; or (2) funds planned to be obligated or expended for cooperative threat reduction activities with the Russian Federation are strictly for project closeout activities and will not be used for new activities or activities that will extend beyond fiscal year 2013.

(b) Waiver.--The Secretary of Defense may waive the limitation in subsection (a) if--

(1) the Secretary determines that such waiver is in the national security interests of the United States;

(2) the Secretary briefs, in an unclassified form, the appropriate congressional committees on the justifications of such waiver; and

(3) a period of 90 days has elapsed following the date on which such briefing is held.

(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for the fiscal year 2013 for the National Defense Sealift Fund, as specified in the funding table in section 4501.

SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.

(b) Use.--Amounts authorized to be appropriated under subsection (a) are authorized for--

(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

SEC. 1405. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.

SEC. 1406. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.

SEC. 1407. CEMETERIAL EXPENSES.

Funds are hereby authorized to be appropriated for the Department of the Army for fiscal year 2013 for cemeterial expenses, not otherwise provided for, as specified in the funding table in section 4501.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year 2013, the National Defense Stockpile Manager may obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive.

(b) Additional Obligations.--The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.

(c) Limitations.--The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY CHAINS.

Section 2(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a) is amended by inserting "or a single point of failure" after "foreign sources".

Subtitle C--Other Matters

SEC. 1421. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer $26,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury.

SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) Authority for Transfer of Funds.--Of the funds authorized to be appropriated for section 1406 and available for the Defense Health Program for operation and maintenance, $139,204,000 may be transferred by the Secretary of Defense to the Joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b) Use of Transferred Funds.--For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).

SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year 2013 from the Armed Forces Retirement Home Trust Fund the sum of $67,590,000 for the operation of the Armed Forces Retirement Home.

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

Subtitle A--Authorization of Additional Appropriations

SEC. 1501. PURPOSE.

The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2013 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.

SEC. 1502. PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2013 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.

SEC. 1504. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.

SEC. 1505. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.

SEC. 1506. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2013 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.

SEC. 1507. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.

SEC. 1509. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.

Subtitle B--Financial Matters

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--

(1) Authority.--Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2013 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) Limitation.--The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $3,000,000,000.

(b) Terms and Conditions.--Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.

(c) Additional Authority.--The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.

SEC. 1523. LIMITATION ON USE OF FUNDS IN OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND.

Amounts appropriated to the Overseas Contingency Operations Transfer Fund pursuant to the authorizations of appropriations contained in this title and available for use or transfer to cover expenses directly relating to overseas contingency operations by the United States Armed Forces may be used only for an item or activity specified in the overseas contingency operations portion of the budget submitted to Congress by the President under section 1105 of title 31, United States Code, for fiscal year 2013.

Subtitle C--Limitations and Other Matters

SEC. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Use and Transfer of Funds.--Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the funds made available to the Department of Defense for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2013. In providing prior notice to the congressional defense committees of the obligation of funds from the Joint Improvised Explosive Device Defeat Fund for such fiscal year, as required by paragraph (4) of such subsection (c), the Secretary of Defense shall include the market research or associated analysis of alternatives conducted in the process of taking action to initiate any project for which the total obligation of funds from the Fund will exceed $10,000,000.

(b) Monthly Obligations and Expenditure Reports.--Not later than 15 days after the end of each month of fiscal year 2013, the Secretary of Defense shall provide to the congressional defense committees a report on the Joint Improvised Explosive Device Defeat Fund explaining monthly commitments, obligations, and expenditures by line of action.

(c) Additional Authorized Use of Funds in JIEDDF.--Funds in the Joint Improvised Explosive Device Defeat Fund shall be available, with the concurrence of the Secretary of State, for the purpose of monitoring, disrupting, and interdicting the movement of explosive device precursors from a country that borders Afghanistan to a location within Afghanistan. For a country in which the actions and activities described in the preceding sentence are carried out, such funds may, with the concurrence of the Secretary of State, also be used to train and equip the security forces of that country that support missions to monitor, disrupt, and interdict the movement of explosive device precursors into Afghanistan.

SEC. 1532. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND RELATED REQUIREMENTS OF TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN.

(a) Extension.--Subsection (a) of section 1535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4426), as amended by section 1534 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1658), is further amended--

(1) in paragraph (6), by striking "October 31, 2011, and October 31, 2012" and inserting "October 31, 2011, October 31, 2012, and October 31, 2013"; and

(2) in paragraph (7), by striking "September 30, 2012" and inserting "September 30, 2013".

(b) Scope of Projects.--Paragraph (3) of such subsection, as so amended, is further amended--

(1) by striking "private investment, mining sector development, industrial development, and other projects" and inserting "mining and natural resource industry development"; and (2) by striking "focus on improving the commercial viability of" and inserting "complement".

(c) Funding.--Paragraph (4) of such subsection, as so amended, is further amended--

(1) by striking "The Secretary" and inserting the following:

"(A) In general.--The Secretary".

(2) by striking "The amount" and all that follows through

"appropriate congressional committees." and inserting the following:

"(B) Limitation.--The amount of funds used under authority of subparagraph (A)--

"(i) may not exceed $150,000,000 for fiscal year 2012, except that not more than 50 percent of such amount may be obligated until the plan required by subsection (b) is submitted to the appropriate congressional committees; and

"(ii) may not exceed $50,000,000 for fiscal year 2013, except that no such funds may be obligated until the Secretary notifies the appropriate congressional committees that the activities of the Task Force for Business and Stability Operations in Afghanistan will be transitioned to the Department of State by September 30, 2013."; and

(3) by striking "The funds" and inserting the following:

"(C) Availability.--The funds".

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

(a) Continuation of Existing Limitations on Availability of Funds in Afghanistan Security Forces Fund.--Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2013 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4424).

(b) Afghan Public Protection Force.--

(1) Limitation.--None of the funds available to the Department of Defense for fiscal year 2013 for the Afghanistan Security Forces Fund may be obligated or expended for the Afghan Public Protection Force (in this subsection referred to as the "APPF") until the Secretary of Defense certifies in writing to the congressional defense committees the following:

(A) Each subcontract, task order, or delivery order entered into with the APPF under a contract of the Department of Defense, or any agreement between the United States and Afghanistan for services of the APPF for the Department of Defense, will include--

(i) standard format, content, and liability clauses to ensure consistent levels of security and dispute resolution mechanisms;

(ii) a requirement for members of the APPF to adhere to the APPF Code of Conduct, including principles of conduct for such personnel, minimum vetting requirements, and management and oversight commitments;

(iii) authority for the prime contractor or, in the case of an agreement, the United States, to independently conduct biometric screening;

(iv) authority for the prime contractor or, in the case of an agreement, the United States--

(I) to direct the APPF, at its own expense, to remove or replace any personnel performing on a subcontract or such agreement who fail to meet the APPF Code of Conduct or terms of such subcontract or agreement; and

(II) to terminate the subcontract or such agreement, if the failure to comply is a gross violation or is repeated; and

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

(I) to provide an arming authorization for APPF personnel authorized to perform activities at a military installation or facility in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed;

(II) to account for and keep appropriate records of APPF personnel authorized to perform activities at a military installation or facility in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed, including on a database referred to as the Synchronized Predeployment and Operational Tracker; and

(III) to consult with the Minister of Interior of Afghanistan regarding rules on the use of force for APPF personnel.

(B) The Minister of Interior of Afghanistan is committed to ensuring that sufficient numbers of APPF personnel are trained to match demand and attrition.

(C) Sufficient clarity exists with regard to command and control of APPF personnel and the role of risk management consultants.

(D) The program established pursuant to section 1225 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 22 U.S.C. 2785 note) is sufficient to--

(i) account for the transfer of any contractor-acquired, United States Government- owned defense articles to the APPF; and

(ii) conduct end-use monitoring, including an inventory of the existence and completeness of any such defense articles;

(E) Mechanisms are in place to ensure that there is no additional cost to the United States for--

(i) a weapon used in the performance of APPF services under a subcontract of a contract of the Department of Defense, or through an agreement between the United States and Afghanistan, if such a weapon is a United States Government-owned weapon; and

(ii) any assistance also provided through the Afghan Security Forces Fund for support to APPF.

(F) The Minister of Interior of Afghanistan has established the elements required by subparagraphs (A) through (F) of section 862(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). For purposes of the preceding sentence, the terms "personnel performing private security functions in an area of combat operations or other significant military operations", "contractor", and

"contractor personnel", as used in section 862 of such Act, mean members of the APPF.

(G) The Secretary is confident the security provided to supply convoys, to Department of Defense construction projects, and to Armed Forces deployed to Afghanistan will not be degraded.

(2) Additional limitation.--None of the funds available to the Department of Defense for fiscal year 2013 for the Afghanistan Security Forces Fund may be obligated or expended for infrastructure improvements at a APPF training center.

(3) Quarterly reports.--

(A) Assessment required.--Each fiscal year quarter during fiscal years 2013 and 2014, the Secretary of Defense shall conduct an assessment of the APPF.

(B) Reports.--Thirty days following the end of each quarter of fiscal years 2013 and 2014, the Secretary shall submit a report to the congressional defense committees of each assessment conducted under subparagraph (A).

(C) Matters covered.--Each such report shall include--

(i) a detailed assessment of the ability of the APPF to perform the essential tasks identified by the assessment team;

(ii) an identification and evaluation of measures of effectiveness;

(iii) a description of the size of the APPF and an assessment of the sufficiency of its recruiting and training; and

(iv) a discussion of the issues the Secretary considers significant, and any recommendations to address those issues or other recommendations to improve future performance of the APPF, as the Secretary considers appropriate.

(D) First report.--The first quarterly report submitted after the date of the enactment of this Act shall include an estimate of the cost to the Department of Defense of the APPF, including funds within the Afghan Security Forces Fund and estimated contractual costs for fiscal years 2013 and 2014.

(E) A report submitted following the end of the second and fourth quarter of a fiscal year shall include a comparison of the cost to the Department of Defense (both direct and to contractors of the Department of Defense) for the preceding six months of--

(i) the use of the APPF; and

(ii) the historical use of private security contractors for a similar six-month period.

(4) Agreements.--The Secretary shall submit to the congressional defense committees a copy of each agreement signed by the United States and Afghanistan for services of the APPF for the Department of Defense during the first six months following the date of the enactment of this Act.

TITLE XVI--INDUSTRIAL BASE MATTERS

Subtitle A--Defense Industrial Base Matters

SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.

(a) Disestablishment of Board.--The Defense Materiel Readiness Board established pursuant to section 871 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 117 note) is hereby disestablished.

(b) Termination of Defense Strategic Readiness Fund.--The Defense Strategic Readiness Fund established by section 872(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 117 note) is hereby closed.

(c) Repeal.--Subtitle G of title VIII of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 117 note) is repealed.

SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS.

Section 2505 of title 10, United States Code, is amended--

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection (d):

"(d) Assessment of Extent of Effects of Foreign Boycotts.--Each assessment under subsection (a) shall include a separate discussion and presentation regarding the extent to which the national technology and industrial base is affected by foreign boycotts. The discussion and presentation regarding foreign boycotts shall--

"(1) identify sectors of the national technology and industrial base being affected by foreign boycotts;

"(2) assess the harm to the national technology and industrial base as a result of such boycotts; and

"(3) identify actions necessary to minimize the effects of foreign boycotts on the national technology and industrial base.".

SEC. 1603. ADVANCING INNOVATION PILOT PROGRAM.

(a) Pilot Program.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering, may establish and implement a pilot program, to be known as the "Advancing Innovation Pilot Program", in furtherance of the national security objectives in section 2501(a) of title 10, United States Code.

(b) Purpose.--The purpose of the pilot program is to accelerate development and fielding of research innovations from qualifying institutions.

(c) Availability of Funds.--Of the funds authorized and appropriated, or otherwise made available, for research, development, test and evaluation, the Secretary may allocate funding to qualifying institutions in accordance with this subsection. Such funding shall be used to evaluate the potential of fielding or commercialization of existing discoveries, including--

(1) proof of concept research or prototype development; and

(2) activities that contribute to determining a project's path to fielding or commercialization of dual-use technologies, including technical validations, market research, determination of intellectual property rights, and investigating military or commercial opportunities.

(d) Implementation.--Prior to obligation or execution of funding under the pilot program, the Secretary shall develop and issue guidance to implement the pilot program. Such guidance shall, at a minimum--

(1) require that funding allocated under the pilot program shall be done using a competitive, merit-based process;

(2) ensure that qualifying institutions establish a rigorous, diverse review board for program execution that shall be comprised of experts in translational and proof of concept research, including representatives that provide expertise in transitioning technology, financing mechanisms, intellectual property rights, and advancement of small business concerns;

(3) ensure that technology validation milestones are established; and

(4) enable the Assistant Secretary to reallocate funding with the pilot program from poor performing projects to those with more potential.

(e) Limitation.--Funding made available under the pilot program shall not be used for basic research, or to fund the acquisition of research equipment or supplies not directly related to fielding activities to meet military requirements or commercialization of dual- use technologies.

(f) Report.--Not later than 90 days after the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report evaluating the effectiveness of the activities of the pilot program. The report shall include--

(1) a detailed description of the execution of the pilot program, including incentives and activities undertaken by review board experts;

(2) an accounting of the funds used in the pilot program;

(3) a detailed description of the institutional and proposal selection process;

(4) a detailed compilation of results achieved by the pilot program;

(5) an analysis of the program's effectiveness, with data supporting the analysis; and

(6) recommendations for advancing innovation and otherwise improving the transition of technology to meet Department of Defense requirements.

(g) Definitions.--In this section:

(1) Qualifying institution.--The term "qualifying institution" means any entity at which research and development activities are conducted and that has past performance in technology transition or commercialization of third-party research, including--

(A) an institution of higher education or other nonprofit entity; and

(B) a for-profit entity.

(2) Researcher.--The term "researcher" means a university or Federal laboratory that conducts basic research.

(3) Institution of higher education.--The term "institution of higher education" has the meaning given such term in section 101 of the Higher Education Act of 1965.

(4) Dual-use.--The term "dual-use" has the meaning provided in section 2500(2) of title 10, United States Code.

(h) Termination.--The pilot program conducted under this section shall terminate on September 30, 2017.

SEC. 1604. NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

(a) Requirement for Strategy.--

(1) In general.--Section 2501 of title 10, United States Code, is amended as follows:

(A) The section heading is amended by striking "objectives concerning" and inserting "strategy for".

(B) Subsection (a) is amended--

(i) in the subsection heading, by striking "objectives" and inserting "strategy";

(ii) by striking "It is the policy of" and all that follows through "objectives:" and inserting the following: "The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives:"; and

(iii) by adding at the end the following new paragraphs:

"(9) Ensuring reliable sources of materials that are critical to national security, such as specialty metals, armor plate and rare earth elements.

"(10) Reducing, to the maximum extent practicable, the presence of counterfeit parts in the supply chain and the risk associated with such parts.".

(2) Clerical amendment.--The item relating to section 2501 in the table of sections at the beginning of subchapter II of chapter 148 of such title is amended to read as follows:

"2501. National security strategy for national technology and industrial base.".

(b) Amendment to Annual Report Relating to Defense Industrial Base.--Section 2504 of such title is amended--

(1) by striking paragraph (2);

(2) by redesignating paragraph (3) as paragraph (2); and

(3) by inserting after paragraph (2) (as so redesignated) the following new paragraph (3):

"(3) Based on the assessments prepared pursuant to section 2505 of this title--

"(A) a description of any mitigation strategies necessary to address any gaps or vulnerabilities in the national technology and industrial base; and

"(B) any other steps necessary to foster and safeguard the national technology and industrial base.".

(c) Requirement for Consideration of Strategy in Acquisition Plans.--Section 2440 of such title is amended by inserting after "base" the following: ", in accordance with the strategy required by section 2501 of this title,".

(d) Conforming Amendments.--Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1517; 10 U.S.C. 2504 note) is amended--

(1) by striking subsection (c); and

(2) by redesignating subsection (d) as subsection (c), and in that subsection by striking "subsection (c)." in the first sentence and inserting "section 2501 of title 10, United States Code.".

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

SEC. 1611. PILOT PROGRAM TO ASSIST IN THE GROWTH AND DEVELOPMENT OF ADVANCED SMALL BUSINESS CONCERNS.

(a) Establishment of Pilot Program.--The Secretary of Defense shall establish a pilot program within the Department of Defense to assist in the growth and development of advanced small business concerns in accordance with this section.

(b) Requirements of Pilot Program.--

(1) Restricted competition for certain contracts.--Under the pilot program and except as provided under paragraph (2)(B), competition for contract awards may be restricted to advanced small business concerns if--

(A) the anticipated award price of the contract (including options) is reasonably expected to exceed $25,000,000;

(B) the Procurement Center Representative of the Small Business Administration or the Director of Small Business Programs of the Department of Defense determines that, if the contract were not awarded under the pilot program, the contract would likely be awarded to an entity other than a small business concern;

(C) there is a reasonable expectation that at least two advanced small business concerns will submit offers with respect to the contract;

(D) such advanced small business concerns agree to the requirements specified in section 15(o) of the Small Business Act (15 U.S.C. 644(o)) (relating to percentage of work under the contract to be performed by the concern), except that work performed by other advanced small business concerns or by small business concerns shall be considered as work performed by the prime contractor for purposes of such requirements; and

(E) the contract award can be made at a fair market price.

(2) Eligibility.--

(A) Advanced small business concern.--An entity shall be considered an advanced small business concern and eligible for participation in the pilot program if the entity--

(i) is independently owned and operated and is not dominant in its field of operation; and

(ii) has fewer than--

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

(B) Small business concern.--Notwithstanding paragraph (1), a small business concern may submit an offer for any contract under the pilot program.

(3) Consideration and notice to public.--With respect to a contract opportunity determined to meet the criteria specified in paragraph (1), a contracting officer for the Department of Defense shall--

(A) consider awarding a contract under the pilot program before using full and open competition for such contract; and

(B) provide notice of the contract opportunity (including the eligibility requirements of the contract opportunity) in accordance with the Federal Acquisition Regulation and other applicable guidelines.

(4) Relationship to small business act programs.--

(A) An advanced small business concern shall not be eligible for any assistance provided to small businesses by the Small Business Act (15 U.S.C. 637 et seq.) or the Small Business Investment Act of 1958 22 (15 U.S.C. 661 et seq.), unless eligibility is expressly provided through the pilot program established by this Act, and contracts awarded pursuant to the pilot program shall not be counted toward the achievement of the small business prime or subcontracting goals established by the Small Business Act (15 U.S.C. 644).

(B) An advanced small business concern shall enter into a subcontracting plan in accordance with section 8(d) of the Small Business Act (15 U.S.C. 637(d)).

(C) Nothing in this section authorizes a Procurement Center Representative or an employee of the Office of Small Business Programs to provide assistance to advanced small business concerns or to advocate for the restriction of competition to advanced small business concerns.

(c) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the Small Business Administration, shall develop and issue guidance to implement the pilot program. The guidance shall--

(1) identify criteria under which the pilot program is evaluated, including a methodology to collect data during the course of the pilot program to facilitate an assessment at the conclusion of the pilot program;

(2) permit a self-certification for eligibility for participation in the pilot program;

(3) ensure that any self-certification requires the concern involved to meet the requirements of the Small Business Administration regarding ownership, control, and affiliation (as set forth in section 121.103 of title 13 of the Code of Federal Regulations);

(4) establish an appeals process to handle challenges to self-certifications of advanced small business concerns, with the certification of eligibility residing with the Small Business Administration's Office of Hearings and Appeals;

(5) identify a method to reimburse the Small Business Administration for additional costs to the Administration relating to such self-certifications;

(6) establish a methodology for identifying and tracking program participants, including reporting on contracts awarded to program participants using the Federal Procurement Data System; and

(7) ensure that the pilot program does not supersede goals or programs authorized by the Small Business Act (15 U.S.C. 637 et seq.) or the Small Business Investment Act of 1958 22 (15 U.S.C. 661 et seq.) or count toward the achievement of the small business prime or subcontracting goals established by the Small Business Act (15 U.S.C. 644).

(d) Report to Congress.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the duration of the pilot program, the Secretary of Defense shall submit to the appropriate congressional committees a report on the pilot program that includes each of the following:

(1) The number of contracts awarded in the prior year under the pilot program.

(2) The value of the contracts awarded under the pilot program and a description of the work carried out under such contracts.

(3) The number of program participants under the pilot program.

(4) An assessment of the success of the pilot program based on the criteria described in subsection (c)(1).

(5) Such recommendations as the Secretary considers appropriate, including a recommendation regarding whether to extend the pilot program or terminate it early.

(e) Termination.--The pilot program shall terminate on the date that is three years after the date on which the guidance for the pilot program is issued pursuant to subsection (c).

(f) Definitions.--In this section:

(1) Advanced small business concern.--The term "advanced small business concern" means an entity that meets the requirements specified in subsection (b)(2)(A).

(2) Appropriate congressional committees.--The term "appropriate congressional committees" means each of the following:

(A) The Committees on Armed Services and on Small Business and Entrepreneurship of the Senate.

(B) The Committees on Armed Services and on Small Business of the House of Representatives.

(3) Office of small business programs.--The term "Office of Small Business Programs" means the Office of Small Business Programs described in section 144(b) of title 10, United States Code.

(4) Pilot program.--The term "pilot program" means the program established by the Secretary of Defense under subsection (a).

(5) Procurement center representative.--The term "Procurement Center Representative" has the meaning provided in section 15 of the Small Business Act (15 U.S.C. 644).

(6) Small business concern.--The term "small business concern" has the meaning provided under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

SEC. 1612. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS IN REQUIREMENTS DEVELOPMENT AND ACQUISITION DECISION PROCESSES OF THE DEPARTMENT OF DEFENSE.

(a) Guidance Required.--The Secretary of Defense shall develop and issue guidance to ensure that the head of each Office of Small Business Programs in the Department of Defense is a participant in requirements development and acquisition decision processes--

(1) of the Department, in the case of the Director of Small Business Programs in the Department of Defense; and

(2) of the military department concerned, in the case of the Director of Small Business Programs in the Department of the Army, in the Department of the Navy, and in the Department of the Air Force.

(b) Matters to Be Included.--Such guidance shall, at a minimum--

(1) require the Director of Small Business Programs in the Department of Defense--

(A) to serve as an advisor to the Defense Acquisition Board; and

(B) to serve as an advisor to the Information Technology Acquisition Board; and

(2) require coordination between the chiefs of the Armed Forces and the service acquisition executives, as appropriate (or their designees), and the Director of Small Business Programs in each military department during the process for approval of--

(A) a requirements document, as defined in section 2547 of title 10, United States Code; and

(B) acquisition strategies or plans.

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

(a) Small Business Advocate.--Subchapter II of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section:

"Sec. 204. Small Business Advocate for defense audit agencies

"(a) Small Business Advocate.--The Secretary of Defense shall designate within each defense audit agency an official as the Small Business Advocate to have the duties described in subsection (b) and such other responsibilities as may be determined by the Secretary.

"(b) Duties.--The Small Business Advocate at a defense audit agency shall--

"(1) advise the Director of the defense audit agency on all issues related to small business concerns;

"(2) serve as the defense audit agency's primary point of contact and source of information for small business concerns; and

"(3) collect relevant data and monitor the defense audit agency's conduct of audits of small business concerns, including--

"(A) monitoring the timeliness of audit closeouts for small business concerns; and

"(B) monitoring the responsiveness of the agency to issues or other matters raised by small business concerns; and

"(4) develop and implement processes and procedures to improve the performance of the defense audit agency related to the timeliness of audits of small business concerns and the responsiveness of the agency to issues or other matters raised by small business concerns.

"(c) Defense Audit Agency Defined.--In this section, the term 'defense audit agency' means the Defense Contract Audit Agency and the Defense Contract Management Agency.".

(b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of such title is amended by inserting after the item relating to section 203 the following new item:

"204. Small Business Advocate for defense audit agencies.".

SEC. 1614. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT CONTRACTING PERFORMANCE OF THE DEPARTMENT OF DEFENSE.

(a) Assessment Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct an independent assessment of the Department's procurement performance related to small business concerns.

(b) Matters Covered.--The assessment under subsection (a) shall, at a minimum, include--

(1) a description of the industrial composition of companies receiving subcontracts pursuant to the test program for the negotiation of comprehensive small business subcontracting plans pursuant to section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note);

(2) a comparison of the industrial composition of prime contractors participating in such test program and the industrial composition of all prime contractors of the Department of Defense;

(3) a determination of barriers to accurately capturing data on small business prime contracting and subcontracting, including an examination of the reliability of the information technology systems of the Department that are used to track such data;

(4) recommendations for improving the quality and availability of data regarding small business prime contracting and subcontracting performance;

(5) recommendations to improve and inform negotiations regarding small business contract goals for the Department;

(6) an examination of the execution of small business subcontracting plans, including an assessment of the degree to which initial teaming agreements are not maintained through the performance of contracts;

(7) an examination of the extent to which the Department adheres to current policies and guidelines relating to small business prime contracting and subcontracting goals;

(8) recommendations for increasing opportunities for small business concerns owned and controlled by service-disabled veterans (as defined by section 3(q) of the Small Business Act (15 U.S.C. 632(q)) to do business with the Department of Defense;

(9) an examination of the extent to which the Department bundles, consolidates, or otherwise groups requirements into contracts that are unsuitable for award to small businesses, and the effects that such practices have on small business participation;

(10) recommendations for increasing small business prime contracting and subcontracting opportunities with the Department; and

(11) recommendations for steps that can be taken to prevent abuses and ensuring that small business contracts are in fact going to small businesses.

(c) Report.--Not later than January 1, 2014, the Secretary shall submit to the congressional defense committees a report on the independent assessment conducted under this section.

SEC. 1615. ASSESSMENT OF SMALL BUSINESS PROGRAMS TRANSITION.

(a) Independent Review and Assessment.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall select an appropriate entity outside the Department of Defense to conduct an independent review and assessment of the transition of technologies developed by small business, such as those developed under the Small Business Innovation Research Program, into major weapon systems and major automated information systems for the Department of Defense.

(b) Elements.--The review and assessment required by subsection (a) shall include the following:

(1) An analysis of a representative sample of major weapon systems and major automated information systems to determine the content of the systems from small businesses, including components transitioned from the Small Business Innovation Research Program.

(2) An analysis of established or ad hoc processes to allow program offices to monitor, evaluate, and transition small business-developed technologies into their program.

(3) Recommendations for developing a systematic and sustained process for monitoring, evaluating, and transitioning small business-developed technologies for use by the entire defense acquisition system of the Department of Defense, including data collection and measures of effectiveness and performance.

(c) Report.--

(1) Report required.--Not later than 120 days after the date of the enactment of this Act, the entity conducting the review and assessment under subsection (a) shall submit to the Secretary and the congressional defense committees a report containing--

(A) the results of the review and assessment; and

(B) recommendations for improving the process for managing the transition and integration of technologies developed by small business (including under the Small Business Innovation Research Program) into major weapons systems and major automated information systems.

(2) Additional evaluation required.--Not later than 30 days after the date on which the congressional defense committees receive the report required by paragraph (1), the Secretary shall submit to such committees an evaluation by the Secretary of the results and recommendations contained in such report.

(d) SBIR Program Defined.--In this section, the term "Small Business Innovation Research Program" has the meaning provided such term by section 2500(11) of title 10, United States Code.

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

(a) Requirement for Peer Reviews.--Section 8(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--

(1) by striking "and" at the end of paragraph (8);

(2) by striking the period and inserting "; and" at the end of paragraph (9); and

(3) by adding at the end the following new paragraph:

"(10) conduct peer reviews of Department of Defense audit agencies in accordance with and in such frequency as provided by Government auditing standards as established by the Comptroller General of the United States.".

(b) Requirement for Additional Information in Semiannual Reports.--

Section 8(f) of such Act is amended by striking paragraph (1) and inserting the following:

"(1) Each semiannual report prepared by the Inspector General of the Department of Defense under section 5(a) shall be transmitted by the Secretary of Defense to the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress. Each such report shall include--

"(A) information concerning the numbers and types of contract audits conducted by the Department during the reporting period; and

"(B) information concerning any Department of Defense audit agency that, during the reporting period, has either failed an audit or is overdue for a peer review required to be conducted in accordance with subsection (c)(10).".

SEC. 1617. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRATIVE EXPENSES OF COMMERCIALIZATION READINESS PROGRAM OF DEPARTMENT OF DEFENSE.

(a) Restoration.--Section 9(y) of the Small Business Act (15 U.S.C. 638(y)), as amended by section 5141(b)(1)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1853) is amended--

(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(2) by inserting after paragraph