H.R. 4310 (112th): National Defense Authorization Act for Fiscal Year 2013

112th Congress, 2011–2013. Text as of Dec 28, 2012 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

I

One Hundred Twelfth Congress of the United States of America

At the Second 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.

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

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

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

Subtitle C—Navy Programs

Sec. 121. Extension of Ford class aircraft carrier construction authority.

Sec. 122. Multiyear procurement authority for Virginia class submarine program.

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 124. Limitation on availability of amounts for second Ford class aircraft carrier.

Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.

Sec. 126. Designation of mission modules of the Littoral Combat Ship as a major defense acquisition program.

Sec. 127. Report on Littoral Combat Ship designs.

Sec. 128. Comptroller General review of Littoral Combat Ship program.

Sec. 129. Sense of Congress on importance of engineering in early stages of shipbuilding.

Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.

Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence requirements.

Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget request for tactical aviation aircraft.

Subtitle D—Air Force Programs

Sec. 141. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory.

Sec. 142. Retirement of B–1 bomber aircraft.

Sec. 143. Avionics systems for C–130 aircraft.

Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major defense acquisition programs.

Subtitle E—Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for V–22 joint aircraft program.

Sec. 152. Procurement of space-based infrared systems satellites.

Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle program.

Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems.

Sec. 155. Requirement to set F–35 aircraft initial operational capability dates.

Sec. 156. Shallow Water Combat Submersible program.

Sec. 157. Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard data link.

Sec. 158. Study on small arms and small-caliber ammunition capabilities.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier-launched Surveillance and Strike system program.

Sec. 213. Limitation on availability of funds for milestone A activities for an Army medium range multi-purpose vertical takeoff and landing unmanned aircraft system.

Sec. 214. Use of funds for conventional prompt global strike program.

Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity.

Sec. 216. Advanced rotorcraft initiative.

Subtitle C—Missile Defense Programs

Sec. 221. Prohibition on the use of funds for the MEADS program.

Sec. 222. Availability of funds for Iron Dome short-range rocket defense program.

Sec. 223. Authority for relocation of certain Aegis weapon system assets between and within the DDG–51 class destroyer and Aegis Ashore programs in order to meet mission requirements.

Sec. 224. Evaluation of alternatives for the precision tracking space system.

Sec. 225. Next generation Exo-atmospheric Kill Vehicle.

Sec. 226. Modernization of the Patriot air and missile defense system.

Sec. 227. Evaluation and environmental impact assessment of potential future missile defense sites in the United States.

Sec. 228. Homeland ballistic missile defense.

Sec. 229. Regional ballistic missile defense.

Sec. 230. NATO contributions to missile defense in Europe.

Sec. 231. Report on test plan for the ground-based midcourse defense system.

Sec. 232. Sense of Congress on missile defense.

Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy report of the Secretary of Defense.

Subtitle D—Reports

Sec. 241. Mission packages for the Littoral Combat Ship.

Sec. 242. Study on electronic warfare capabilities of the Marine Corps.

Sec. 243. Conditional requirement for report on amphibious assault vehicles for the Marine Corps.

Sec. 244. Report on cyber and information technology research investments of the Air Force.

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

Subtitle E—Other Matters

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

Sec. 252. Regional advanced technology clusters.

Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces.

Title III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environment

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

Sec. 312. Authority of Secretary of a military department to enter into cooperative agreements with Indian tribes for land management associated with military installations and State-owned National Guard installations.

Sec. 313. Department of Defense guidance on environmental exposures at military installations and briefing regarding environmental exposures to members of the Armed Forces.

Sec. 314. Report on status of targets in implementation plan for operational energy strategy.

Sec. 315. Limitation on obligation of Department of Defense funds from Defense Production Act of 1950 for biofuel refinery construction.

Sec. 316. Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes.

Subtitle C—Logistics and Sustainment

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

Sec. 322. Restoration and amendment of certain provisions relating to depot-level maintenance and core logistics capabilities.

Sec. 323. Rating chains for system program managers.

Subtitle D—Readiness

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

Sec. 332. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements.

Sec. 333. Department of Defense national strategic ports study and Comptroller General studies and reports on strategic ports.

Subtitle E—Reports

Sec. 341. Annual report on Department of Defense long-term corrosion strategy.

Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied environment.

Sec. 343. Comptroller General review of annual Department of Defense report on prepositioned materiel and equipment.

Sec. 344. Modification of report on maintenance and repair of vessels in foreign shipyards.

Sec. 345. Extension of deadline for Comptroller General report on Department of Defense service contract inventory.

Subtitle F—Limitations and Extension of Authority

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

Sec. 352. Aerospace control alert mission.

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

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

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

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

Sec. 361. Short title.

Sec. 362. Establishment of Commission.

Sec. 363. Duties of the Commission.

Sec. 364. Powers of the Commission.

Sec. 365. Commission personnel matters.

Sec. 366. Termination of the Commission.

Sec. 367. Funding.

Subtitle H—Other Matters

Sec. 371. Military working dog matters.

Sec. 372. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Sec. 403. Annual limitation on end strength reductions for regular component of the Army and Marine Corps.

Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard Program.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

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

Sec. 502. Reinstatement of authority for enhanced selective early retirement boards and early discharges.

Sec. 503. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education.

Sec. 504. Exception to required retirement after 30 years of service for Regular Navy warrant officers in the grade of Chief Warrant Officer, W–5.

Sec. 505. Extension of temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer.

Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for lieutenant colonels and colonels in the Army, Air Force, and Marine Corps and commanders and captains in the Navy.

Sec. 507. Modification to limitations on number of officers for whom service-in-grade requirements may be reduced for retirement in grade upon voluntary retirement.

Sec. 508. Air Force Chief of Chaplains.

Subtitle B—Reserve Component Management

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

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

Sec. 513. Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days.

Subtitle C—General Service Authorities

Sec. 518. Authority for additional behavioral health professionals to conduct pre-separation medical exams for post-traumatic stress disorder.

Sec. 519. Diversity in the Armed Forces and related reporting requirements.

Sec. 520. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.

Sec. 521. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces.

Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense.

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers.

Sec. 525. Reports on involuntary separation of members of the Armed Forces.

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

Sec. 527. Report on education and training and promotion rates for pilots of remotely piloted aircraft.

Sec. 528. Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements.

Subtitle D—Military Justice and Legal Matters

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

Sec. 532. Additional information in reports on annual surveys of the Committee on the Uniform Code of Military Justice.

Sec. 533. Protection of rights of conscience of members of the Armed Forces and chaplains of such members.

Sec. 534. Reports on hazing in the Armed Forces.

Subtitle E—Member Education and Training Opportunities and Administration

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

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

Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian credentialing for military occupational specialty skills.

Sec. 544. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training.

Sec. 545. Department of Defense review of access to military installations by representatives of institutions of higher education.

Sec. 546. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces.

Sec. 547. Comptroller General of the United States reports on joint professional military education matters.

Subtitle F—Reserve Officers’ Training Corps and Related Matters

Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers' Training Corps program.

Sec. 552. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps.

Sec. 553. Modification of requirements on plan to increase the number of units of the Junior Reserve Officers' Training Corps.

Sec. 554. Comptroller General report on Reserve Officers' Training Corps programs.

Subtitle G—Defense Dependents’ Education and Military Family Readiness

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

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Amendments to the Impact Aid program.

Sec. 564. Transitional compensation for dependent children who are carried during pregnancy at time of dependent-abuse offense committed by an individual while a member of the Armed Forces.

Sec. 565. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students.

Sec. 566. Noncompetitive appointment authority regarding certain military spouses.

Sec. 567. Report on future of family support programs of the Department of Defense.

Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys.

Sec. 571. Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty.

Sec. 572. Additional elements in comprehensive Department of Defense policy on sexual assault prevention and response.

Sec. 573. Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses.

Sec. 574. Enhancement to training and education for sexual assault prevention and response.

Sec. 575. Modification of annual Department of Defense reporting requirements regarding sexual assaults.

Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

Sec. 577. Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the report.

Sec. 578. General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault.

Sec. 579. Department of Defense policy and plan for prevention and response to sexual harassment in the Armed Forces.

Subtitle I—Suicide Prevention and Resilience

Sec. 580. Enhancement of oversight and management of Department of Defense suicide prevention and resilience programs.

Sec. 581. Reserve component suicide prevention and resilience program.

Sec. 582. Comprehensive policy on prevention of suicide among members of the Armed Forces.

Sec. 583. Study of resilience programs for members of the Army.

Subtitle J—Other Matters

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

Sec. 585. Technical amendments relating to the termination of the Armed Forces Institute of Pathology under defense base closure and realignment.

Sec. 586. Modification of requirement for reports in Federal Register on institutions of higher education ineligible for contracts and grants for denial of ROTC or military recruiter access to campus.

Sec. 587. Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons.

Sec. 588. Display of State, District of Columbia, commonwealth, and territorial flags by the Armed Forces.

Sec. 589. Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions and programs.

Sec. 590. Extension of authorities to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions.

Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of Defense.

Sec. 592. Report on results of investigations and reviews conducted with respect to Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base.

Sec. 593. Preservation of editorial independence of Stars and Stripes.

Sec. 594. National public awareness and participation campaign for Veterans' History Project of American Folklife Center.

Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System.

Sec. 596. Sense of Congress that the bugle call commonly known as Taps should be designated as the National Song of Military Remembrance.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 603. Basic allowance for housing for two-member couples when one member is on sea duty.

Sec. 604. Rates of basic allowance for housing for members performing active Guard and Reserve duty.

Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error.

Subtitle B—Bonuses and Special and Incentive Pays

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

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the Selected Reserve.

Sec. 617. Increase in maximum amount of incentive bonus for reserve component members who convert military occupational specialty to ease personnel shortages.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated.

Sec. 622. Authority for comprehensive program for space-available travel on Department of Defense aircraft.

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

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

Sec. 632. Transitional use of military family housing.

Subtitle E—Disability, Retired Pay, and Survivor Benefits

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and terminating payment of the Survivor Benefit Plan annuity.

Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group Life Insurance for members of the Armed Forces married to other members.

Sec. 643. Clarification of computation of combat-related special compensation for chapter 61 disability retirees.

Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

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

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

Subtitle G—Military Lending

Sec. 661. Additional enhancements of protections on consumer credit for members of the Armed Forces and their dependents.

Sec. 662. Effect of violations of protections on consumer credit extended to members of the Armed Forces and their dependents.

Sec. 663. Consistent definition of dependent for purposes of applying limitations on terms of consumer credit extended to certain members of the Armed Forces and their dependents.

Subtitle H—Military Compensation and Retirement Modernization Commission

Sec. 671. Purpose, scope, and definitions.

Sec. 672. Military Compensation and Retirement Modernization Commission.

Sec. 673. Commission hearings and meetings.

Sec. 674. Principles and procedure for Commission recommendations.

Sec. 675. Consideration of Commission recommendations by the President.

Sec. 676. Executive Director.

Sec. 677. Staff.

Sec. 678. Judicial review precluded.

Sec. 679. Termination.

Sec. 680. Funding.

Subtitle I—Other Matters

Sec. 681. Equal treatment for members of Coast Guard Reserve called to active duty under title 14, United States Code.

Sec. 682. Report regarding Department of Veterans Affairs claims process transformation plan.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program for members of the Selected Reserve who are involuntarily separated.

Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform formulary.

Sec. 703. Modification of requirements on mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.

Sec. 704. Use of Department of Defense funds for abortions in cases of rape and incest.

Sec. 705. Pilot program on certain treatments of autism under the TRICARE program.

Sec. 706. Pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships.

Sec. 707. Sense of Congress on health care for retired members of the uniformed services.

Subtitle B—Health Care Administration

Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of members in pay grades above pay grade E–4.

Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE program.

Sec. 713. Clarification of applicability of certain authority and requirements to subcontractors employed to provide health care services to the Department of Defense.

Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program.

Sec. 715. Requirement to ensure the effectiveness and efficiency of health engagements.

Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life beneficiaries through the TRICARE mail-order pharmacy program.

Subtitle C—Mental Health Care and Veterans Matters

Sec. 723. Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking system for members of the Armed Forces deployed overseas.

Sec. 724. Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs.

Sec. 725. Research and medical practice on mental health conditions.

Sec. 726. Transparency in mental health care services provided by the Department of Veterans Affairs.

Sec. 727. Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members.

Sec. 728. Organization of the Readjustment Counseling Service in the Department of Veterans Affairs.

Sec. 729. Recruitment of mental health providers for furnishing mental health services on behalf of the Department of Veterans Affairs without compensation from the Department.

Sec. 730. Peer support.

Subtitle D—Reports and Other Matters

Sec. 731. Plan for reform of the administration of the military health system.

Sec. 732. Future availability of TRICARE Prime throughout the United States.

Sec. 733. Extension of Comptroller General report on contract health care staffing for military medical treatment facilities.

Sec. 734. Extension of Comptroller General report on women-specific health services and treatment for female members of the Armed Forces.

Sec. 735. Study on health care and related support for children of members of the Armed Forces.

Sec. 736. Report on strategy to transition to use of human-based methods for certain medical training.

Sec. 737. Study on incidence of breast cancer among members of the Armed Forces serving on active duty.

Sec. 738. Performance metrics and reports on Warriors in Transition programs of the military departments.

Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department of Defense on psychological health and traumatic brain injury.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Treatment of procurements on behalf of the Department of Defense through the Work for Others program of the Department of Energy.

Sec. 802. Review and justification of pass-through contracts.

Sec. 803. Availability of amounts in Defense Acquisition Workforce Development Fund.

Sec. 804. Department of Defense policy on contractor profits.

Sec. 805. Modification of authorities on internal controls for procurements on behalf of the Department of Defense by certain nondefense agencies.

Sec. 806. Extension of authority relating to management of supply-chain risk.

Sec. 807. Sense of Congress on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative.

Subtitle B—Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Limitation on use of cost-type contracts.

Sec. 812. Estimates of potential termination liability of contracts for the development or production of major defense acquisition programs.

Sec. 813. Technical change regarding programs experiencing critical cost growth due to change in quantity purchased.

Sec. 814. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process.

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

Sec. 821. Modification of time period for congressional notification of the lease of certain vessels by the Department of Defense.

Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items.

Sec. 823. Codification and amendment relating to life-cycle management and product support requirements.

Sec. 824. Codification of requirement relating to Government performance of critical acquisition functions.

Sec. 825. Competition in acquisition of major subsystems and subassemblies on major defense acquisition programs.

Sec. 826. Compliance with Berry Amendment required for uniform components supplied to Afghan military or Afghan National Police.

Sec. 827. Enhancement of whistleblower protections for contractor employees.

Sec. 828. Pilot program for enhancement of contractor employee whistleblower protections.

Sec. 829. Extension of contractor conflict of interest limitations.

Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts.

Sec. 831. Guidance and training related to evaluating reasonableness of price.

Sec. 832. Department of Defense access to, use of, and safeguards and protections for contractor internal audit reports.

Sec. 833. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts.

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

Sec. 841. Extension and expansion of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 842. Limitation on authority to acquire products and services produced in Afghanistan.

Sec. 843. Responsibility within Department of Defense for operational contract support.

Sec. 844. Data collection on contract support for future overseas contingency operations involving combat operations.

Sec. 845. Inclusion of operational contract support in certain requirements for Department of Defense planning, joint professional military education, and management structure.

Sec. 846. Requirements for risk assessments related to contractor performance.

Sec. 847. Extension and modification of reports on contracting in Iraq and Afghanistan.

Sec. 848. Responsibilities of inspectors general for overseas contingency operations.

Sec. 849. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies.

Sec. 850. Reports on responsibility within Department of State and the United States Agency for International Development for contract support for overseas contingency operations.

Sec. 851. Database on price trends of items and services under Federal contracts.

Sec. 852. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.

Sec. 853. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions.

Subtitle E—Other Matters

Sec. 861. Requirements and limitations for suspension and debarment officials of the Department of Defense, the Department of State, and the United States Agency for International Development.

Sec. 862. Uniform contract writing system requirements.

Sec. 863. Extension of other transaction authority.

Sec. 864. Report on allowable costs of compensation of contractor employees.

Sec. 865. Reports on use of indemnification agreements.

Sec. 866. Plan to increase number of contractors eligible for contracts under Air Force NETCENTS-2 contract.

Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests in annual protest report by Comptroller General to Congress.

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

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

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

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

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

Sec. 905. Definition and report on terms preparation of the environment and operational preparation of the environment for joint doctrine purposes.

Sec. 906. Information for Deputy Chief Management Officer of the Department of Defense from the military departments and Defense Agencies for defense business system investment reviews.

Subtitle B—Space Activities

Sec. 911. Reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisition programs and funding for such programs.

Sec. 912. Commercial space launch cooperation.

Sec. 913. Limitation on international agreements concerning outer space activities.

Sec. 914. Operationally Responsive Space Program Office.

Sec. 915. Report on overhead persistent infrared technology.

Sec. 916. Assessment of foreign components and the space launch capability of the United States.

Sec. 917. Report on counter space technology.

Subtitle C—Intelligence-Related Activities

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

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

Sec. 923. Review of Army Distributed Common Ground System.

Sec. 924. Electro-optical imagery.

Sec. 925. Defense Clandestine Service.

Subtitle D—Cyberspace-Related Matters

Sec. 931. Implementation strategy for Joint Information Environment.

Sec. 932. Next-generation host-based cyber security system for the Department of Defense.

Sec. 933. Improvements in assurance of computer software procured by the Department of Defense.

Sec. 934. Competition in connection with Department of Defense tactical data link systems.

Sec. 935. Collection and analysis of network flow data.

Sec. 936. Competition for large-scale software database and data analysis tools.

Sec. 937. Software licenses of the Department of Defense.

Sec. 938. Sense of Congress on potential security risks to Department of Defense networks.

Sec. 939. Quarterly cyber operations briefings.

Sec. 940. Sense of Congress on the United States Cyber Command.

Sec. 941. Reports to Department of Defense on penetrations of networks and information systems of certain contractors.

Subtitle E—Other Matters

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

Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of Staff regarding the national military strategy.

Sec. 953. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.

Sec. 954. National Language Service Corps.

Sec. 955. Savings to be achieved in civilian personnel workforce and service contractor workforce of the Department of Defense.

Sec. 956. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship.

Title X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Budgetary effects of this Act.

Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities.

Sec. 1004. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization.

Sec. 1005. Audit readiness of Department of Defense statements of budgetary resources.

Sec. 1006. Report on balances carried forward by the Department of Defense at the end of fiscal year 2012.

Sec. 1007. Report on elimination and streamlining of reporting requirements, thresholds, and statutory and regulatory requirements resulting from unqualified audit opinion of Department of Defense financial statements.

Subtitle B—Counter-Drug Activities

Sec. 1008. Extension of the authority to establish and operate National Guard counterdrug schools.

Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and Counter-Drug Activities, Defense-wide account.

Sec. 1010. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia.

Sec. 1011. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1012. Requirement for biennial certification on provision of support for counter-drug activities to certain foreign governments.

Subtitle C—Naval Vessels and Shipyards

Sec. 1013. Policy relating to major combatant vessels of the strike forces of the United States Navy.

Sec. 1014. Limitation on availability of funds for delayed annual naval vessel construction plan.

Sec. 1015. Retirement of naval vessels.

Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.

Sec. 1017.  Sense of Congress on recapitalization for the Navy and Coast Guard.

Sec. 1018. Notice to Congress for the review of proposals to name naval vessels.

Subtitle D—Counterterrorism

Sec. 1021. Extension of authority to make rewards for combating terrorism.

Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1023. Report on recidivism of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, who have been transferred to foreign countries.

Sec. 1024. Notice and report on use of naval vessels for detention of individuals captured outside Afghanistan pursuant to the Authorization for Use of Military Force.

Sec. 1025. Notice required prior to transfer of certain individuals detained at the Detention Facility at Parwan, Afghanistan.

Sec. 1026. Report on recidivism of individuals formerly detained at the Detention Facility at Parwan, Afghanistan.

Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1028. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.

Sec. 1029. Rights Unaffected.

Subtitle E—Nuclear Forces

Sec. 1031. Nuclear weapons employment strategy of the United States.

Sec. 1032. Progress of modernization.

Sec. 1033. Report in the event of insufficient funding for modernization of nuclear weapons stockpile.

Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions.

Sec. 1035. Strategic delivery systems.

Sec. 1036. Consideration of expansion of nuclear forces of other countries.

Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy.

Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States.

Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Council.

Sec. 1040. Interagency Council on the Strategic Capability of the National Laboratories.

Sec. 1041. Cost estimates for nuclear weapons.

Sec. 1042. Prior notification with regard to retirement of strategic delivery systems.

Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the United States.

Sec. 1044. Requirements for combined or interoperable warhead for certain missile systems.

Sec. 1045. Reports on capability of conventional and nuclear forces against certain tunnel sites and on nuclear weapons program of the People’s Republic of China.

Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region.

Subtitle F—Miscellaneous Authorities and Limitations

Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate excess non-automatic service rifles for funeral and other ceremonial purposes.

Sec. 1052. Interagency collaboration on unmanned aircraft systems.

Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles and spare parts.

Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure agreements.

Sec. 1055. Extension of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet.

Sec. 1056. Authority for short-term extension of lease for aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program.

Sec. 1057. Rule of construction relating to prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons.

Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.

Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for general support and time sensitive/mission critical direct support airlift missions of the Department of Defense.

Subtitle G—Studies and Reports

Sec. 1061. Electronic warfare strategy of the Department of Defense.

Sec. 1062. Report on counterproliferation capabilities and limitations.

Sec. 1063. Report on strategic airlift aircraft.

Sec. 1064. Repeal of biennial report on the Global Positioning System.

Sec. 1065. Improvements to reports required on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles.

Sec. 1066. Report on force structure of the United States Army.

Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Systems Command.

Sec. 1068. Report on military resources necessary to execute United States Force Posture Strategy in the Asia Pacific Region.

Sec. 1069. Rialto-Colton Basin, California, water resources study.

Sec. 1070. Reports on the potential security threat posed by Boko Haram.

Sec. 1071. Study on the ability of national test and evaluation capabilities to support the maturation of hypersonic technologies for future defense systems development.

Subtitle H—Other Matters

Sec. 1076. Technical and clerical amendments.

Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th anniversary.

Sec. 1078. Dissemination abroad of information about the United States.

Sec. 1079. Coordination for computer network operations.

Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified information.

Sec. 1081. Technical amendments to repeal statutory references to United States Joint Forces Command.

Sec. 1082. Sense of Congress on non-United States citizens who are graduates of United States educational institutions with advanced degrees in science, technology, engineering, and mathematics.

Sec. 1083. Scientific framework for recalcitrant cancers.

Sec. 1084. Protection of veterans’ memorials.

Sec. 1085. Sense of Congress regarding spectrum.

Sec. 1086. Public Safety Officers’ Benefits Program.

Sec. 1087. Removal of action.

Sec. 1088. Transport for female genital mutilation.

Sec. 1089. Amendments to law enforcement officer safety provisions of title 18.

Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression purposes.

Sec. 1091. Transfer of excess aircraft to other departments of the Federal Government.

Title XI—CIVILIAN PERSONNEL MATTERS

Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1102. Expansion of experimental personnel program for scientific and technical personnel at the Defense Advanced Research Projects Agency.

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

Sec. 1104. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1105. Policy on senior mentors.

Sec. 1106. Authority to pay for the transport of family household pets for Federal employees during certain evacuation operations.

Sec. 1107. Interagency personnel rotations.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Modification and extension of authorities relating to program to build the capacity of foreign military forces.

Sec. 1202. Extension of authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.

Sec. 1203. Authority to build the capacity of certain counterterrorism forces in Yemen and East Africa.

Sec. 1204. Limitation on activities under State Partnership Program pending compliance with certain program-related requirements.

Subtitle B—Matters relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1212. Report on insider attacks in Afghanistan and their effect on the United States transition strategy for Afghanistan.

Sec. 1213. United States military support in Afghanistan.

Sec. 1214. Modification of report on progress toward security and stability in Afghanistan.

Sec. 1215. Independent assessment of the Afghan National Security Forces.

Sec. 1216. Extension and modification of logistical support for coalition forces supporting certain United States military operations.

Sec. 1217. Report on Afghanistan Peace and Reintegration Program.

Sec. 1218. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1219. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.

Sec. 1220. Report on updates and modifications to campaign plan for Afghanistan.

Sec. 1221. Commanders’ Emergency Response Program in Afghanistan.

Sec. 1222. Authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1223. Report on efforts to promote the security of Afghan women and girls during the security transition process.

Sec. 1224. Sense of Congress commending the Enduring Strategic Partnership Agreement between the United States and Afghanistan.

Sec. 1225. Consultations with Congress on a bilateral security agreement with Afghanistan.

Sec. 1226. Completion of transition of United States combat and military and security operations to the Government of Afghanistan.

Sec. 1227. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1228. Extension and modification of Pakistan Counterinsurgency Fund.

Subtitle C—Matters relating to Iran

Sec. 1231. Report on United States capabilities in relation to China, North Korea, and Iran.

Sec. 1232. Report on military capabilities of Gulf Cooperation Council members.

Sec. 1233. Sense of Congress with respect to Iran.

Sec. 1234. Rule of construction.

Subtitle D—Iran sanctions

Sec. 1241. Short title.

Sec. 1242. Definitions.

Sec. 1243. Sense of Congress relating to violations of human rights by Iran.

Sec. 1244. Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran.

Sec. 1245. Imposition of sanctions with respect to the sale, supply, or transfer of certain materials to or from Iran.

Sec. 1246. Imposition of sanctions with respect to the provision of underwriting services or insurance or reinsurance for activities or persons with respect to which sanctions have been imposed.

Sec. 1247. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of specially designated nationals.

Sec. 1248. Impositions of sanctions with respect to the Islamic Republic of Iran Broadcasting.

Sec. 1249. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran.

Sec. 1250. Waiver requirement related to exceptional circumstances preventing significant reductions in crude oil purchases.

Sec. 1251. Statute of limitations for civil actions regarding terrorist acts.

Sec. 1252. Report on use of certain Iranian seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers.

Sec. 1253. Implementation; penalties.

Sec. 1254. Applicability to certain natural gas projects.

Sec. 1255. Rule of construction.

Subtitle E—Satellites and related items

Sec. 1261. Removal of satellites and related items from the United States Munitions List.

Sec. 1262. Report on licenses and other authorizations to export certain satellites and related items.

Sec. 1263. Report on country exemptions for licensing of exports of certain satellites and related items.

Sec. 1264. End-use monitoring of certain satellites and related items.

Sec. 1265. Interagency review of modifications to Category XV of the United States Munitions List.

Sec. 1266. Rules of construction.

Sec. 1267. Definitions.

Subtitle F—Other matters

Sec. 1271. Additional elements in annual report on military and security developments involving the People’s Republic of China.

Sec. 1272. NATO Special Operations Headquarters.

Sec. 1273. Sustainability requirements for certain capital projects in connection with overseas contingency operations.

Sec. 1274. Administration of the American, British, Canadian, and Australian Armies’ Program.

Sec. 1275. United States participation in Headquarters Eurocorps.

Sec. 1276. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services.

Sec. 1277. Prohibition on use of funds to enter into contracts or agreements with Rosoboronexport.

Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense system.

Sec. 1279. Bilateral defense trade relationship with India.

Sec. 1280. United States Advisory Commission on Public Diplomacy.

Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.

Sec. 1282. Briefings on dialogue between the United States and the Russian Federation on nuclear arms, missile defense systems, and long-range conventional strike systems.

Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from the battlefield and end the atrocities of the Lord's Resistance Army.

Sec. 1284. Imposition of sanctions with respect to support for the rebel group known as M23.

Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles for sale or transfer to eligible foreign countries and entities.

Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.

Subtitle G—Reports

Sec. 1291. Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces.

Sec. 1292. Additional report on military and security developments involving the Democratic People’s Republic of Korea.

Sec. 1293. Report on host nation support for overseas United States military installations and United States Armed Forces deployed in country.

Sec. 1294. Report on military activities to deny or significantly degrade the use of air power against civilian and opposition groups in Syria.

Sec. 1295. Report on military assistance provided by Russia to Syria.

Title XIII—Cooperative Threat Reduction

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

Sec. 1302. Funding allocations.

Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.

Title XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

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

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

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Subtitle B—National Defense Stockpile

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

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

Sec. 1413. Release of materials needed for national defense purposes from the Strategic and Critical Materials Stockpile.

Subtitle C—Chemical Demilitarization Matters

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

Subtitle D—Other Matters

Sec. 1431. Reduction of unobligated balances within the Pentagon Reservation Maintenance Revolving Fund.

Sec. 1432. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1433. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1434. Cemeterial expenses.

Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Additional Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

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

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Defense Health Program.

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

Sec. 1509. Defense Inspector General.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Limitations and Other Matters

Sec. 1531. Afghanistan Security Forces Fund.

Sec. 1532. Joint Improvised Explosive Device Defeat Fund.

Sec. 1533. One-year extension of project authority and related requirements of Task Force for Business and Stability Operations in Afghanistan.

Sec. 1534. Plan for transition in funding of United States Special Operations Command from supplemental funding for overseas contingency operations to recurring funding under the future-years defense program.

Sec. 1535. Assessment of counter-improvised explosive device training and intelligence activities of the Joint Improvised Explosive Device Defeat Organization and national and military intelligence Organizations.

Title XVI—Industrial Base Matters

Subtitle A—Defense Industrial Base Matters

Sec. 1601. Disestablishment of Defense Materiel Readiness Board.

Sec. 1602. Assessment of effects of foreign boycotts.

Sec. 1603. National security strategy for national technology and industrial base.

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

Sec. 1611. Role of the directors of small business programs in acquisition processes of the Department of Defense.

Sec. 1612. Small Business Ombudsman for defense audit agencies.

Sec. 1613. Independent assessment of Federal procurement contracting performance of the Department of Defense.

Sec. 1614. Additional responsibilities of Inspector General of the Department of Defense.

Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commercialization Readiness Program of Department of Defense.

Subtitle C—Matters Relating to Small Business Concerns

Part I—Procurement Center Representatives

Sec. 1621. Procurement center representatives.

Sec. 1622. Small Business Act contracting requirements training.

Sec. 1623. Acquisition planning.

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

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

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

Sec. 1633. Senior executives.

Part III—Mentor-Protege Programs

Sec. 1641. Mentor-Protege programs.

Part IV—Transparency in Subcontracting

Sec. 1651. Limitations on subcontracting.

Sec. 1652. Penalties.

Sec. 1653. Subcontracting plans.

Sec. 1654. Notices of subcontracting opportunities.

Sec. 1655. Publication of certain documents.

Part V—Small Business Concern Size Standards

Sec. 1661. Small business concern size standards.

Part VI—Contract Bundling

Sec. 1671. Contract bundling.

Part VII—Increased Penalties for Fraud

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

Sec. 1682. Requirement that fraudulent businesses be suspended or debarred.

Sec. 1683. Annual report on suspensions and debarments proposed by Small Business Administration.

Part VIII—Offices of Small and Disadvantaged Business Units

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

Sec. 1692. Small Business Procurement Advisory Council.

Part IX—Other matters

Sec. 1695. Surety bonds.

Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations.

Sec. 1697. Contracting with small business concerns owned and controlled by women.

Sec. 1698. Small business HUBZones.

Sec. 1699. National Veterans Business Development Corporation.

Sec. 1699a. State Trade and Export Promotion Grant Program.

Title XVII—Ending Trafficking in Government Contracting

Sec. 1701. Definitions.

Sec. 1702. Contracting requirements.

Sec. 1703. Compliance plan and certification requirement.

Sec. 1704. Monitoring and investigation of trafficking in persons.

Sec. 1705. Notification to inspectors general and cooperation with Government.

Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include attempted fraud and work outside the United States.

Sec. 1707. Improving Department of Defense accountability for reporting trafficking in persons claims and violations.

Sec. 1708. Rules of construction; effective date.

Title XVIII—Federal Assistance to Fire Departments

Subtitle A—Fire Grants Reauthorization

Sec. 1801. Short title.

Sec. 1802. Amendments to definitions.

Sec. 1803. Assistance to firefighters grants.

Sec. 1804. Staffing for adequate fire and emergency response.

Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and Staffing for Adequate Fire and Emergency Response programs.

Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for Adequate Fire and Emergency Response programs.

Sec. 1807. Studies and reports on the state of fire services.

Subtitle B—Reauthorization of United States Fire Administration

Sec. 1811. Short title.

Sec. 1812. Clarification of relationship between United States Fire Administration and Federal Emergency Management Agency.

Sec. 1813. Modification of authority of Administrator to educate public about fire and fire prevention.

Sec. 1814. Authorization of appropriations.

Sec. 1815. Removal of limitation.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

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

Title XXI—Army Military Construction

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

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

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

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

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

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

Sec. 2108. Limitation on project authorization to carry out certain fiscal year 2013 project.

Title XXII—Navy Military Construction

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

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

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

Title XXIII—Air Force Military Construction

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

Title XXIV—Defense Agencies Military Construction

Subtitle A—Defense Agency Authorizations

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

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

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

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

Subtitle B—Chemical Demilitarization Authorizations

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

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

Title XXV—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces Facilities

Subtitle A—Project Authorizations and Authorization of Appropriations

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

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

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

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

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

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

Subtitle B—Other Matters

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

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

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

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

Title XXVII—Base Realignment and Closure Activities

Subtitle A—Authorization of Appropriations

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

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

Subtitle B—Other Matters

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

Sec. 2712. Revised base closure and realignment restrictions and Comptroller General assessment of Department of Defense compliance with codified base closure and realignment restrictions.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Authorized cost and scope variations.

Sec. 2802. Preparation of master plans for major military installations.

Sec. 2803. Oversight and accountability for military housing privatization projects and related annual reporting requirements.

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2805. Comptroller General report on in-kind payments.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Clarification of parties with whom Department of Defense may conduct exchanges of real property at certain military installations.

Sec. 2812. Identification requirements for access to military installations.

Sec. 2813. Report on property disposals at certain closed military installations and additional authorities to assist local communities in the vicinity of such installations.

Sec. 2814. Report on reorganization of Air Force Materiel Command organizations.

Subtitle C—Energy Security

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

Sec. 2822. Availability and use of Department of Defense energy cost savings to promote energy security.

Sec. 2823. Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) gold or platinum certification.

Sec. 2824. Guidance on financing for renewable energy projects.

Sec. 2825. Energy savings performance contract report.

Subtitle D—Provisions Related to Asia-Pacific Military Realignment

Sec. 2831. Certification of military readiness need for a Live Fire Training Range Complex on Guam as condition on establishment of range complex.

Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.

Subtitle E—Land Conveyances

Sec. 2841. Modification of authorized consideration, Broadway Complex of the Department of the Navy, San Diego, California.

Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida.

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

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

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

Sec. 2846. Land conveyance, Local Training Area for Browning Army Reserve Center, Utah.

Subtitle F—Other Matters

Sec. 2851. Modification of notice requirements in advance of permanent reduction of sizable numbers of members of the Armed Forces at military installations.

Sec. 2852. Acceptance of gifts and services to support military museum programs and use of cooperative agreements with nonprofit entities for military museum and military educational institution programs.

Sec. 2853. Additional exemptions from certain requirements applicable to funding for data servers and centers.

Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.

Sec. 2855. Sense of Congress regarding establishment of military divers memorial at Washington Navy Yard.

Sec. 2856. Limitation on availability of funds pending report regarding acquisition of land and development of a training range facility adjacent to the Marine Corps Air Ground Combat Center Twentynine Palms, California.

Sec. 2857. Oversight and maintenance of closed base cemeteries overseas containing the remains of members of the Armed Forces or citizens of the United States.

Sec. 2858. Report on establishment of joint Armed Forces historical storage and preservation facility.

Sec. 2859. Establishment of commemorative work to Gold Star Mothers.

Sec. 2860. Establishment of commemorative work to slaves and free Black persons who served in American Revolution.

Title XXIX—Overseas Contingency Operations Military Construction

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

Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Subtitle B—Program Authorizations, Restrictions, and Limitations

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

Sec. 3112. Budget justification materials.

Sec. 3113. National Nuclear Security Administration Council.

Sec. 3114. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.

Sec. 3115. Design and use of prototypes of nuclear weapons.

Sec. 3116. Two-year extension of schedule for disposition of weapons-usable plutonium at Savannah River Site, Aiken, South Carolina.

Sec. 3117. Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees.

Sec. 3118. Modification and extension of authority on acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.

Sec. 3119. Limitation on availability of funds for Center of Excellence on Nuclear Security.

Sec. 3120. Improvement and streamlining of the missions and operations of the Department of Energy and National Nuclear Security Administration.

Sec. 3121. Cost-benefit analyses for competition of management and operating contracts.

Sec. 3122. Program on scientific engagement for nonproliferation.

Sec. 3123. Cost containment for Uranium Capabilities Replacement Project.

Subtitle C—Improvements to national security energy laws

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

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

Sec. 3133. Consolidated reporting requirements relating to nuclear stockpile stewardship, management, and infrastructure.

Sec. 3134. Repeal of certain reporting requirements.

Subtitle D—Reports

Sec. 3141. Reports on lifetime extension programs.

Sec. 3142. Notification of nuclear criticality and non-nuclear incidents.

Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy defense activities.

Sec. 3144. National Academy of Sciences study on peer review and design competition related to nuclear weapons.

Sec. 3145. Report on defense nuclear nonproliferation programs.

Sec. 3146. Study on reuse of plutonium pits.

Sec. 3147. Assessment of nuclear weapon pit production requirement.

Sec. 3148. Study on a multiagency governance model for national security laboratories.

Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear Security Administration.

Sec. 3150. Study on regional radiological security zones.

Sec. 3151. Report on abandoned uranium mines.

Subtitle E—Other matters

Sec. 3161. Use of probabilistic risk assessment to ensure nuclear safety.

Sec. 3162. Submittal to Congress of selected acquisition reports and independent cost estimates on life extension programs and new nuclear facilities.

Sec. 3163. Classification of certain restricted data.

Sec. 3164. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile and nuclear forces.

Sec. 3165. Pilot program on technology commercialization.

Sec. 3166. Congressional advisory panel on the governance of the nuclear security enterprise.

Subtitle F—American Medical Isotopes Production

Sec. 3171. Short title.

Sec. 3172. Definitions.

Sec. 3173. Improving the reliability of domestic medical isotope supply.

Sec. 3174. Exports.

Sec. 3175. Report on disposition of exports.

Sec. 3176. Domestic medical isotope production.

Sec. 3177. Annual Department reports.

Sec. 3178. National Academy of Sciences report.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

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

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2013.

Sec. 3502. Application of the Federal Acquisition Regulation.

Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 gross tons.

Sec. 3504. Donation of excess fuel to maritime academies.

Sec. 3505. Clarification of heading.

Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.

Sec. 3507. Amendments relating to the National Defense Reserve Fleet.

Sec. 3508. Extension of Maritime Security Fleet program.

Sec. 3509. Container-on-barge transportation.

Sec. 3510. Short sea transportation.

Sec. 3511. Maritime environmental and technical assistance.

Sec. 3512. Identification of actions to enable qualified United States flag capacity to meet national defense requirements.

Sec. 3513. Maritime workforce study.

Sec. 3514. Maritime administration vessel recycling contract award practices.

Sec. 3515. Requirement for barge design.

Sec. 3516. Eligibility to receive surplus training equipment.

Sec. 3517. Coordination with other laws.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

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

Title XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

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

Title XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy National Security programs.

3.

Congressional defense committees

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

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

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

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

Subtitle C—Navy Programs

Sec. 121. Extension of Ford class aircraft carrier construction authority.

Sec. 122. Multiyear procurement authority for Virginia class submarine program.

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 124. Limitation on availability of amounts for second Ford class aircraft carrier.

Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.

Sec. 126. Designation of mission modules of the Littoral Combat Ship as a major defense acquisition program.

Sec. 127. Report on Littoral Combat Ship designs.

Sec. 128. Comptroller General review of Littoral Combat Ship program.

Sec. 129. Sense of Congress on importance of engineering in early stages of shipbuilding.

Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.

Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence requirements.

Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget request for tactical aviation aircraft.

Subtitle D—Air Force Programs

Sec. 141. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory.

Sec. 142. Retirement of B–1 bomber aircraft.

Sec. 143. Avionics systems for C–130 aircraft.

Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major defense acquisition programs.

Subtitle E—Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for V–22 joint aircraft program.

Sec. 152. Procurement of space-based infrared systems satellites.

Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle program.

Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems.

Sec. 155. Requirement to set F–35 aircraft initial operational capability dates.

Sec. 156. Shallow Water Combat Submersible program.

Sec. 157. Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard data link.

Sec. 158. Study on small arms and small-caliber ammunition capabilities.

A

Authorization of Appropriations

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.

B

Army Programs

111.

Multiyear procurement authority for Army CH–47 helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2013 program year, for the procurement of airframes for CH–47F helicopters.

(b)

Condition for Out-Year contract payments

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

112.

Reports on airlift requirements of the Army

(a)

Reports

(1)

Initial report

Not later than March 31, 2013, the Secretary of the Army shall submit to the congressional defense committees a report described in paragraph (3).

(2)

Annual reports

Not later than October 31, 2013, and each year thereafter through 2017, the Secretary shall submit to the congressional defense committees a report described in paragraph (3).

(3)

Report described

A report described in this paragraph is a report on the time-sensitive or mission-critical airlift requirements of the Army.

(b)

Matters included

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

(1)

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

(2)

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

(3)

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

(A)

aircraft of the Army;

(B)

aircraft of the Air Force;

(C)

aircraft of contractors; and

(D)

aircraft of other organizations not described in subparagraph (A), (B), or (C).

(4)

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

C

Navy Programs

121.

Extension of Ford class aircraft carrier construction authority

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

122.

Multiyear procurement authority for Virginia class submarine program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2014 program year, for the procurement of Virginia class submarines and Government-furnished equipment associated with the Virginia class submarine program.

(b)

Authority for advance procurement

The Secretary may enter into one or more contracts, beginning in fiscal year 2013, for advance procurement associated with the vessels and equipment for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c)

Condition for out-year contract payments

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

(d)

Limitation on termination liability

A contract for the construction of vessels or equipment entered into in accordance with subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the vessels or equipment covered by the contract. Additionally, in the event of cancellation, the maximum liability of the United States shall include the amount of the unfunded cancellation ceiling in the contract.

(e)

Authority to expand multiyear procurement

The Secretary may employ incremental funding for the procurement of Virginia class submarines and Government-furnished equipment associated with the Virginia class submarines to be procured during fiscal years 2013 through 2018 if the Secretary—

(1)

determines that such an approach will permit the Navy to procure an additional Virginia class submarine in fiscal year 2014; and

(2)

intends to use the funding for that purpose.

123.

Multiyear procurement authority for Arleigh Burke class destroyers and associated systems

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2013 program year, for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers, as well as the Aegis weapon systems, MK 41 vertical launching systems, and commercial broadband satellite systems associated with such vessels.

(b)

Authority for advance procurement

The Secretary may enter into one or more contracts, beginning in fiscal year 2013, for advance procurement associated with the vessels and systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(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.

124.

Limitation on availability of amounts for second Ford class aircraft carrier

(a)

Limitation

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

(b)

Elements

The report described in subsection (a) shall include a plan with respect to the Ford class aircraft carriers to—

(1)

maximize planned work in shops and early stages of construction;

(2)

sequence construction of structural units to maximize the effects of lessons learned;

(3)

incorporate design changes to improve producibility for the Ford class aircraft carriers;

(4)

increase the size of erection units to eliminate disruptive unit breaks and improve unit alignment and fairness;

(5)

increase outfitting levels for assembled units before erection in the dry dock;

(6)

increase overall ship completion levels at each key construction event;

(7)

improve facilities in a manner that will lead to improved productivity; and

(8)

ensure the shipbuilder initiates plans that will improve productivity through capital improvements that would provide targeted return on investment, including—

(A)

increasing the amount of temporary and permanent covered work areas;

(B)

adding ramps and service towers for improved access to work sites and the dry dock; and

(C)

increasing lift capacity to enable construction of larger, more fully outfitted super-lifts.

125.

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

(a)

Amount authorized from SCN account

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

(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.

126.

Designation of mission modules of the Littoral Combat Ship as a major defense acquisition program

(a)

Designation required

The Secretary of Defense shall—

(1)

designate the effort to develop and produce all variants of the mission modules in support of the Littoral Combat Ship program as a major defense acquisition program under section 2430 of title 10, United States Code; and

(2)

with respect to the development and production of each such variant, submit to the congressional defense committees a report setting forth such cost, schedule, and performance information as would be provided if such effort were a major defense acquisition program, including Selected Acquisition Reports, unit cost reports, and program baselines.

(b)

Additional quarterly reports

The Secretary shall submit to the congressional defense committees on a quarterly basis a report on the development and production of each variant of the mission modules in support of the Littoral Combat Ship, including cost, schedule, and performance, and identifying actual and potential problems with such development or production and potential mitigation plans to address such problems.

127.

Report on Littoral Combat Ship designs

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

128.

Comptroller General review of Littoral Combat Ship program

(a)

Acceptance of LCS–1 and LCS–2

The Comptroller General of the United States shall conduct a review of the compliance of the Secretary of the Navy with subpart 246.5 of title 48 of the Code of Federal Regulations and subpart 46.5 of the Federal Acquisition Regulation in accepting the LCS–1 and LCS–2 Littoral Combat Ships.

(b)

Operational support

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the operational support and sustainment strategy for the Littoral Combat Ship program, including manning, training, maintenance, and logistics support.

(c)

Cooperation

For purposes of conducting the review under subsection (a) and the report under subsection (b), the Secretary of Defense shall ensure that the Comptroller General has access to—

(1)

all relevant records of the Department; and

(2)

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

129.

Sense of Congress on importance of engineering in early stages of shipbuilding

It is the sense of Congress that—

(1)

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

(2)

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

130.

Sense of Congress on nuclear-powered ballistic submarines

It is the sense of Congress that—

(1)

the continuous at-sea deterrence provided by a robust and modern fleet of nuclear-powered ballistic missile submarines is critical to maintaining nuclear deterrence and assurance and therefore is a central pillar of the national security of the United States;

(2)

the Navy should—

(A)

carry out a program to replace the Ohio class ballistic missile submarines;

(B)

ensure that the first such replacement submarine is delivered and fully operational by not later than 2031 in order to maintain continuous at-sea deterrence; and

(C)

develop a risk mitigation plan to ensure that robust continuous at-sea deterrence is provided during the transition from Ohio class ballistic missile submarines to the replacement submarines; and

(3)

a minimum of 12 replacement ballistic missile submarines are necessary to provide continuous at-sea deterrence over the lifetime of such submarines and, therefore, the Navy should carry out a program to produce 12 such submarines.

131.

Sense of Congress on Marine Corps amphibious lift and presence requirements

(a)

Findings

Congress finds the following:

(1)

The Marine Corps is a combat force that leverages maneuver from the sea as a force multiplier allowing for a variety of operational tasks ranging from major combat operations to humanitarian assistance.

(2)

The Marine Corps is unique in that, while embarked upon naval vessels, they bring all the logistic support necessary for the full range of military operations and, operating from the sea, they require no third-party host nation permission to conduct military operations.

(3)

The Navy has a requirement for 38 amphibious assault ships to meet this full range of military operations.

(4)

Due only to fiscal constraints, that requirement of 38 vessels was reduced to 33 vessels, which adds military risk to future operations.

(5)

The Navy has been unable to meet even the minimal requirement of 30 operationally available vessels and has submitted a shipbuilding and ship retirement plan to Congress that will reduce the force to 28 vessels.

(6)

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

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Department of Defense should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands;

(2)

the Navy should carefully evaluate amphibious lift capabilities to meet current and projected requirements;

(3)

the Navy should consider prioritization of investment in and procurement of the next generation of amphibious assault ships as a component of the balanced battle force;

(4)

the next generation amphibious assault ships should maintain survivability protection;

(5)

operation and maintenance requirements analysis, as well as the potential to leverage a common hull form design, should be considered to reduce total ownership cost and acquisition cost; and

(6)

maintaining a robust amphibious ship building industrial base is vital for the future of the national security of the United States.

132.

Sense of the Senate on Department of the Navy fiscal year 2014 budget request for tactical aviation aircraft

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

D

Air Force Programs

141.

Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory

(a)

Reduction in inventory requirement

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

(b)

Modification of certification requirement

Section 137(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2221) is amended by striking 316 strategic airlift aircraft and inserting 275 strategic airlift aircraft.

(c)

Mobility Requirements and Capabilities Study 2018

(1)

In general

The Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of Staff, in coordination with the Commander of the United States Transportation Command and the Secretaries of the military departments, shall jointly conduct a study that assesses the end-to-end, full-spectrum mobility requirements for all aspects of the National Military Strategy derived from the National Defense Strategy that is a result of the 2012 Defense Strategic Guidance published by the President in February 2012 and other planning documents of the Department of Defense.

(2)

Matters included

The study under paragraph (1) shall include the following:

(A)

A definition of what combinations of air mobility, sealift, surface movements, prepositioning, forward stationing, seabasing, engineering, and infrastructure requirements and capabilities provide low, moderate, significant and high levels of operational risk to meet the National Military Strategy.

(B)

A description and analysis of the assumptions made by the Commander of the United States Transportation Command with respect to aircraft usage rates, aircraft mission availability rates, aircraft mission capability rates, aircrew ratios, aircrew production, and aircrew readiness rates.

(C)

An analysis of different combinations of air mobility, sealift, surface movements, prepositioning, forward stationing, seabasing, engineering, and infrastructure requirements and capabilities required to support theater and tactical deployment and distribution, including—

(i)

the identification, quantification, and description of the associated operational risk (as defined by the Military Risk Matrix in the Chairman of the Joint Chiefs of Staff Instruction 3401.01E) for each excursion as it relates to the combatant commander achieving strategic and operational objectives; and

(ii)

any assumptions made with respect to the availability of commercial airlift and sealift capabilities and resources when applicable.

(D)

A consideration of metrics developed during the most recent operational availability assessment and joint forcible entry operations assessment.

(E)

An assessment of requirements and capabilities for major combat operations, lesser contingency operations as specified in the Baseline Security Posture of the Department of Defense, homeland defense, defense support to civilian authorities, other strategic missions related to national missions, global strike, the strategic nuclear mission, and direct support and time-sensitive airlift missions of the military departments.

(F)

An examination, including a discussion of the sensitivity of any related conclusions and assumptions, of the variations regarding alternative modes (land, air, and sea) and sources (military, civilian, and foreign) of strategic and theater lift, and variations in forward basing, seabasing, prepositioning (afloat and ashore), air-refueling capability, advanced logistics concepts, and destination theater austerity, based on the new global footprint and global presence initiatives.

(G)

An identification of mobility capability gaps, shortfalls, overlaps, or excesses, including—

(i)

an assessment of associated risks with respect to the ability to conduct operations; and

(ii)

recommended mitigation strategies where possible.

(H)

An identification of mobility capability alternatives that mitigate the potential impacts on the logistic system, including—

(i)

a consideration of traditional, non-traditional, irregular, catastrophic, and disruptive challenges; and

(ii)

a description of how derived mobility requirements and capabilities support the accepted balance of risk in addressing all five categories of such challenges.

(I)

The articulation of all key assumptions made in conducting the study with respect to—

(i)

risk;

(ii)

programmed forces and infrastructure;

(iii)

readiness, manning, and spares;

(iv)

scenario guidance from defense planning scenarios and multi-service force deployments;

(v)

concurrency of major operations;

(vi)

integrated global presence and basing strategy;

(vii)

host nation or third-country support;

(viii)

use of weapons of mass destruction by an enemy; and

(ix)

aircraft being used for training or undergoing depot maintenance or modernization.

(J)

A description of the logistics concept of operations and assumptions, including any support concepts, methods, combat support forces, and combat service support forces that are required to enable the projection and enduring support to forces both deployed and in combat for each analytic scenario.

(K)

An assessment, and incorporation as necessary, of the findings, conclusions, capability gaps, and shortfalls derived from the study under section 112(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1318).

(3)

Submission

The Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees a report containing the study under paragraph (1).

(4)

Form

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

(d)

Preservation of certain retired C–5 aircraft

The Secretary of the Air Force shall preserve each C–5 aircraft that is retired by the Secretary during a period in which the total inventory of strategic airlift aircraft of the Secretary is less than 301, such that the retired aircraft—

(1)

is stored in flyable condition;

(2)

can be returned to service; and

(3)

is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.

(e)

Definitions

In this section:

(1)

The term mobility means the—

(A)

deployment, sustainment, and redeployment of the personnel and equipment needed to execute the National Defense Strategy to air and seaports of embarkation, intertheater deployment to air and seaports of debarkation, and intratheater deployment to tactical assembly areas; and

(B)

the employment of aerial refueling assets and intratheater movement and infrastructure in support of deployment and sustainment of combat forces.

(2)

The term National Military Strategy means the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff under section 153 of title 10, United States Code.

142.

Retirement of B–1 bomber aircraft

(a)

In general

Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

(h)
(1)

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).

143.

Avionics systems for C–130 aircraft

(a)

Limitations

(1)

Avionics modernization program

The Secretary of the Air Force may not take any action to cancel or modify the avionics modernization program for C–130 aircraft until a period of 90 days has elapsed after the date on which the Secretary submits to the congressional defense committees the cost-benefit analysis conducted under subsection (b)(1).

(2)

CNS/ATM program

(A)

In general

The Secretary may not take any action described in subparagraph (B) until a period of 90 days has elapsed after the date on which the Secretary submits to the congressional defense committees the cost-benefit analysis conducted under subsection (b)(1).

(B)

Covered actions

An action described in this subparagraph is an action to begin an alternative communication, navigation, surveillance, and air traffic management program for C–130 aircraft that is designed or intended—

(i)

to meet international communication, navigation, surveillance, and air traffic management standards for the fleet of C–130 aircraft; or

(ii)

to replace the current avionics modernization program for the C–130 aircraft.

(b)

Cost-Benefit analysis

(1)

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)

adopting each of the alternatives described in subparagraphs (A) and (B) of paragraph (1); and

(ii)

supporting C–130 aircraft that are not upgraded or modernized; and

(B)

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

144.

Treatment of certain programs for the F–22A Raptor aircraft as major defense acquisition programs

(a)

In general

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

(b)

Covered programs

The programs referred to in this subsection for the F–22A Raptor aircraft are the modernization Increment 3.2B and any future F–22A Raptor aircraft modernization program that would otherwise, if a standalone program, qualify for treatment as a major defense acquisition program for purposes of chapter 144 of title 10, United States Code.

(c)

Other reports

Not later than March 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the costs, schedules, and performances of the reliability and maintainability maturation program and the structural repair program of the F–22A Raptor modernization program, including a comparison of such costs, schedules, and performances to an appropriate baseline.

E

Joint and Multiservice Matters

151.

Multiyear procurement authority for V–22 joint aircraft program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2013 program year, for the procurement of V–22 aircraft for the Department of the Navy, the Department of the Air Force, and the United States Special Operations Command.

(b)

Condition for Out-Year contract payments

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

152.

Procurement of space-based infrared systems satellites

(a)

Contract authority

(1)

In general

The Secretary of the Air Force may procure two space-based infrared systems satellites by entering into a fixed-price contract. Such procurement may also include—

(A)

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

(B)

cost-reduction initiatives.

(2)

Use of incremental funding

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

(3)

Liability

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

(b)

Limitation of costs

(1)

Limitation

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

(2)

Exclusion

The amounts described in this paragraph are amounts associated with the following:

(A)

Plans.

(B)

Technical data packages.

(C)

Post delivery and program support costs.

(D)

Technical support for obsolescence studies.

(c)

Waiver and adjustment to limitation amount

(1)

Waiver

In accordance with paragraph (2), the Secretary may waive the limitation in subsection (b)(1) if the Secretary submits to the congressional defense committees and the Permanent Select Committee on Intelligence of the House of Representatives written notification of the adjustment made to the amount set forth in such subsection.

(2)

Adjustment

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

(A)

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

(B)

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

(C)

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 and the Permanent Select Committee on Intelligence of the House of Representatives a report on such contract, including the following:

(1)

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

(2)

The type and duration of the contract awarded.

(3)

The total contract value.

(4)

The funding profile by year.

(5)

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

(6)

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(e)

Use of funds available for space vehicle numbers 5 and 6

The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2013 by section 101 for procurement, Air Force, as specified in the funding table in section 4101 and available for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system satellite space vehicle numbers 5 and 6.

(f)

Sense of Congress

It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two space-based infrared system satellites unless the Secretary determines that entering into such a contract will save the Air Force substantial savings, as required under section 2306b of title 10, United States Code, over the cost of procuring two such satellites separately.

153.

Limitation on availability of funds for evolved expendable launch vehicle program

(a)

Limitation

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

(b)

Matters included

The report under subsection (a)(1) shall include the following information:

(1)

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

(2)

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

(3)

The number of years covered by such contract.

(4)

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

(5)

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

(6)

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

(c)

Comptroller General

(1)

Review

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

(2)

Submittal

Not later than 30 days after the date on which the report under subsection (a)(1) is submitted to the appropriate congressional committees, the Comptroller General shall—

(A)

submit to such committees a report on the review under paragraph (1); or

(B)

provide to such committees a briefing on such review.

(d)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means the following:

(1)

The congressional defense committees.

(2)

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

154.

Limitation on availability of funds for retirement of RQ–4 Global Hawk unmanned aircraft systems

(a)

Limitation

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

(b)

Maintained levels

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

155.

Requirement to set F–35 aircraft initial operational capability dates

(a)

F–35A

Not later than June 1, 2013, the Secretary of the Air Force shall—

(1)

establish the initial operational capability date for the F–35A aircraft; and

(2)

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

(b)

F–35B and F–35C

Not later than June 1, 2013, the Secretary of the Navy shall—

(1)

establish the initial operational capability dates for the F–35B and F–35C aircraft; and

(2)

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

156.

Shallow Water Combat Submersible program

(a)

Initial report

Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report setting forth the following:

(1)

A description of all efforts under the Shallow Water Combat Submersible program and the United States Special Operations Command to improve the accuracy of the tracking of the schedule and costs of the program.

(2)

The revised timeline for the initial and full operational capability of the Shallow Water Combat Submersible, including details outlining and justifying the revised baseline to the program.

(3)

Current cost estimates to meet the basis of issue requirement under the program.

(4)

An assessment of existing program risk through the completion of operational testing.

(b)

Subsequent reports

(1)

Quarterly reports required

The Assistant Secretary, in coordination with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees on a quarterly basis updates on the schedule and cost performance of the contractor of the Shallow Water Combat Submersible program, including metrics from the earned value management system.

(2)

Sunset

The requirement in paragraph (1) shall cease on the date the Shallow Water Combat Submersible has completed operational testing and has been found to be operationally effective and operationally suitable.

157.

Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard data link

(a)

Requirement

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

(1)

the data link used by those vehicles is the Department of Defense standard tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicle data link known as the Common Data Link or a data link that uses waveform capable of transmitting and receiving Internet Protocol communications; and

(2)

with respect to unmanned aerial vehicles, such vehicles use data formats consistent with the architectural standard known as STANAG 4586 that was developed to facilitate multinational interoperability among NATO member nations.

(b)

Solicitations

The Secretary of Defense shall ensure that any solicitation issued for a Common Data Link described in subsection (a), regardless of whether the solicitation is issued by a military department or a contractor with respect to a subcontract—

(1)

conforms to a Department of Defense specification standard, including interfaces and waveforms, existing as of the date of the solicitation; and

(2)

does not include any proprietary or undocumented waveforms or control interfaces or data interfaces as a requirement or criterion for evaluation.

(c)

Waiver

The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the applicability of this section to any covered aircraft if the Under Secretary determines, and certifies to the congressional defense committees, that—

(1)

it would be technologically infeasible or economically unacceptable to apply this section to such aircraft; or

(2)

such aircraft is under a special access program that is not considered a major defense acquisition program.

(d)

Covered aircraft defined

In this section, the term covered aircraft means—

(1)

tactical manned intelligence, surveillance, and reconnaissance aircraft; and

(2)

unmanned aerial vehicles.

(e)

Conforming repeal

Section 141 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3163) is repealed.

158.

Study on small arms and small-caliber ammunition capabilities

(a)

Study

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study on the requirements analysis and determination processes and capabilities of the Department of Defense with respect to small arms and small-caliber ammunition that carries out each of the following:

(A)

A comparative evaluation of the current military small arms in use by the Armed Forces, including general purpose and special operations forces, and select military equivalent commercial candidates not necessarily in use militarily but currently available.

(B)

A comparative evaluation of the standard small-caliber ammunition of the Department with other small-caliber ammunition alternatives.

(C)

An assessment of the current plans of the Department to modernize the small arms and small-caliber ammunition capabilities of the Department.

(D)

An assessment of the requirements analysis and determination processes of the Department for small arms and small-caliber ammunition.

(2)

Factors to consider

The study required under paragraph (1) shall take into consideration the following factors:

(A)

Current and future operating environments, as specified or referred to in strategic guidance and planning documents of the Department.

(B)

Capability gaps identified in small arms and small-caliber ammunition capabilities based assessments of the Department.

(C)

Actions taken by the Secretary to address capability gaps identified in any such capabilities based assessments.

(D)

Findings from studies of the Department of Defense Small Arms and Small-Caliber Ammunition defense support team and actions taken by the Secretary in response to such findings.

(E)

Findings from the assessment required by section 143 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note) and actions taken by the Secretary in response to such findings.

(F)

Modifications and improvements recently applied to small arms and small-caliber ammunition of the Armed Forces, including general purpose and special operations forces, as well as the potential for continued modification and improvement.

(G)

Impacts to the small arms production industrial base and small-caliber ammunition industrial base, if any, associated with changes from current U.S. or NATO standard caliber weapons or ammunition sizes.

(H)

Total life cycle costs of each small arms system and small-caliber ammunition, including incremental increases in cost for industrial facilitization or small arms and ammunition procurement, if any, associated with changes described in subparagraph (G).

(I)

Any other factor the federally funded research and development center considers appropriate.

(3)

Access to information

The Secretary shall ensure that the federally funded research and development center conducting the study under paragraph (1) has access to all necessary data, records, analyses, personnel, and other resources necessary to complete the study.

(b)

Report

(1)

In general

Not later than September 30, 2013, the Secretary shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a)(1), together with the comments of the Secretary on the findings contained in the study.

(2)

Classified annex

The report shall be in unclassified form, but may contain a classified annex.

(c)

Small arms defined

In this section, the term small arms means weapons assigned to and operated by an individual member of the Armed Forces, including handguns, rifles and carbines (including sniper and designated marksman weapons), sub-machine guns, and light-machine guns.

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier-launched Surveillance and Strike system program.

Sec. 213. Limitation on availability of funds for milestone A activities for an Army medium range multi-purpose vertical takeoff and landing unmanned aircraft system.

Sec. 214. Use of funds for conventional prompt global strike program.

Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity.

Sec. 216. Advanced rotorcraft initiative.

Subtitle C—Missile Defense Programs

Sec. 221. Prohibition on the use of funds for the MEADS program.

Sec. 222. Availability of funds for Iron Dome short-range rocket defense program.

Sec. 223. Authority for relocation of certain Aegis weapon system assets between and within the DDG–51 class destroyer and Aegis Ashore programs in order to meet mission requirements.

Sec. 224. Evaluation of alternatives for the precision tracking space system.

Sec. 225. Next generation Exo-atmospheric Kill Vehicle.

Sec. 226. Modernization of the Patriot air and missile defense system.

Sec. 227. Evaluation and environmental impact assessment of potential future missile defense sites in the United States.

Sec. 228. Homeland ballistic missile defense.

Sec. 229. Regional ballistic missile defense.

Sec. 230. NATO contributions to missile defense in Europe.

Sec. 231. Report on test plan for the ground-based midcourse defense system.

Sec. 232. Sense of Congress on missile defense.

Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy report of the Secretary of Defense.

Subtitle D—Reports

Sec. 241. Mission packages for the Littoral Combat Ship.

Sec. 242. Study on electronic warfare capabilities of the Marine Corps.

Sec. 243. Conditional requirement for report on amphibious assault vehicles for the Marine Corps.

Sec. 244. Report on cyber and information technology research investments of the Air Force.

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

Subtitle E—Other Matters

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

Sec. 252. Regional advanced technology clusters.

Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces.

A

Authorization of Appropriations

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.

B

Program Requirements, Restrictions, and Limitations

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.

212.

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

(a)

Extension of limitation

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

(b)

Technology development phase

Such section is further amended by adding at the end the following new subsection:

(d)

Technology development and preliminary design phases

(1)

Contractors

In accordance with paragraph (2), the Secretary of the Navy may not reduce the number of prime contractors working on the Unmanned Carrier-launched Surveillance and Strike system program to one prime contractor for the technology development phase of such program prior to the program achieving the preliminary design review milestone.

(2)

Preliminary design review

After the date on which the Unmanned Carrier-launched Surveillance and Strike system program achieves the preliminary design review milestone, the Secretary may not reduce the number of prime contractors working on the program to one prime contractor until—

(A)

the preliminary design reviews of the program are completed;

(B)

the Under Secretary of Defense for Acquisition, Technology, and Logistics assesses the completeness of the preliminary design reviews of the program for each participating prime contractor;

(C)

the Under Secretary submits to the congressional defense committees a report that includes—

(i)

a summary of the assessment of the preliminary design reviews of the program conducted under subparagraph (B); and

(ii)

a certification that each preliminary design review of the program was complete and was not abbreviated when compared to preliminary design reviews conducted for other major defense acquisition programs consistent with the policies specified in Department of Defense Instruction 5000.02; and

(D)

a period of 30 days has elapsed following the date on which the Under Secretary submits the report under subparagraph (C).

.

(c)

Technical amendment

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

213.

Limitation on availability of funds for milestone A activities for an Army medium range multi-purpose vertical takeoff and landing unmanned aircraft system

(a)

Limitation

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

(1)

the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate congressional committees that the Joint Requirements Oversight Council determines that—

(A)

such system is required to meet a required capability or requirement validated by the Council; and

(B)

as of the date of the certification, an unmanned aircraft system in the operational inventory of a military department that was selected using competitive procedures cannot meet such capability or be modified to meet such capability in a more cost effective way; and

(C)

the acquisition strategy for such a capability includes competitive procedures as a requirement; and

(2)

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

(b)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

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

(B)

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

(2)

The term competitive procedures has the meaning given that term in section 2302(2) of title 10, United States Code.

(3)

The term Milestone A activities means, with respect to an acquisition program of the Department of Defense—

(A)

the distribution of request for proposals;

(B)

the selection of technology demonstration contractors; and

(C)

technology development.

214.

Use of funds for conventional prompt global strike program

(a)

Competitive procedures

Except as provided by subsection (b), the Secretary of Defense shall ensure that any funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures to involve industry as well as government partners to the extent feasible.

(b)

Waiver

The Secretary may waive the requirement to use competitive solicitation procedures under subsection (a) if—

(1)

the Secretary—

(A)

determines that using such procedures is not feasible; and

(B)

notifies the congressional defense committees of such determination; and

(2)

a period of 5 days elapses after the date on which the Secretary makes such notification under paragraph (1)(B).

215.

Next Generation Foundry for the Defense Microelectronics Activity

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 for the Next Generation Foundry for the Defense Microelectronics Activity (PE #603720S) may be obligated or expended for that purpose until a period of 60 days has elapsed following the date on which the Assistant Secretary of Defense for Research and Engineering—

(1)

develops a microelectronics strategy as described in the Senate report to accompany S. 1253 of the 112th Congress (S. Rept. 112–26) and an estimate of the full life-cycle costs for the upgrade of the Next Generation Foundry;

(2)

develops an assessment regarding the manufacturing capability of the United States to produce three-dimensional integrated circuits to serve national defense interests; and

(3)

submits to the congressional defense committees the strategy and cost estimate required by paragraph (1) and the assessment required by paragraph (2).

216.

Advanced rotorcraft initiative

(a)

In general

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

(b)

Elements

The strategy required by subsection (a) shall include the following:

(1)

Mechanisms for establishing agile prototyping practices and programs, including rotorcraft X-planes, and an identification of the resources required for such purposes.

(2)

The X-Plane Rotorcraft program of the Defense Advanced Research Projects Agency with performance objectives beyond those of the Joint Multi-role development program, including at least two competing teams.

(3)

Approaches, including potential competitive prize awards, to encourage the development of advanced rotorcraft capabilities to address challenge problems such as nap-of-earth automated flight, urban operation near buildings, slope landings, automated autorotation or power-off recovery, and automated selection of landing areas.

C

Missile Defense Programs

221.

Prohibition on the use of funds for the MEADS program

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

222.

Availability of funds for Iron Dome short-range rocket defense program

Of the funds authorized to be appropriated for fiscal year 2013 by section 201 for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $211,000,000 may be provided to the Government of Israel for the Iron Dome short-range rocket defense program as specified in the funding table in section 4201.

223.

Authority for relocation of certain Aegis weapon system assets between and within the DDG–51 class destroyer and Aegis Ashore programs in order to meet mission requirements

(a)

Transfer to Aegis ashore system

Notwithstanding any other provision of law, the Secretary of the Navy may transfer Aegis weapon system equipment with ballistic missile defense capability to the Director of the Missile Defense Agency for use by the Director in the Aegis Ashore System for installation in the country designated as Host Nation 1 by transferring to the Agency such equipment procured with amounts authorized to be appropriated for shipbuilding and conversion, Navy, for fiscal years 2010 and 2011 for the DDG–51 Class Destroyer Program.

(b)

Adjustments in equipment deliveries

(1)

Use of FY12 funds for AWS systems on destroyers procured with FY11 funds

Amounts authorized to be appropriated for shipbuilding and conversion, Navy, for fiscal year 2012, and any Aegis weapon system assets procured with such amounts, may be used to deliver complete, mission-ready Aegis weapon systems with ballistic missile defense capability to any DDG–51 class destroyer for which amounts were authorized to be appropriated for shipbuilding and conversion, Navy, for fiscal year 2011.

(2)

Use of AWS systems procured with RDT&E funds on destroyers

The Secretary may install on any DDG–51 class destroyer Aegis weapon systems with ballistic missile defense capability transferred pursuant to subsection (c).

(c)

Transfer from Aegis Ashore System

The Director shall transfer Aegis weapon system equipment with ballistic missile defense capability procured for installation in the Aegis Ashore System to the Secretary for the DDG–51 Class Destroyer Program to replace any equipment transferred to the Director under subsection (a).

(d)

Treatment of transfer in funding destroyer construction

Notwithstanding the source of funds for any equipment transferred under subsection (c), the Secretary shall fund all work necessary to complete construction and outfitting of any destroyer in which such equipment is installed in the same manner as if such equipment had been acquired using amounts in the shipbuilding and conversion, Navy, account.

224.

Evaluation of alternatives for the precision tracking space system

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Missile Defense Agency for the precision tracking space system, not more than 75 percent may be obligated or expended until the date on which—

(1)

the Director of Cost Assessment and Program Evaluation completes the evaluation under subsection (b)(1); and

(2)

the terms of reference for the evaluation under subsection (b)(1)(B) are—

(A)

approved by the Missile Defense Executive Board, in coordination with the Defense Space Council; and

(B)

submitted to the congressional defense committees.

(b)

Independent cost estimate and evaluation of alternatives required

(1)

In general

The Director of Cost Assessment and Program Evaluation shall perform—

(A)

an independent cost estimate for the precision tracking space system; and

(B)

a comprehensive assessment evaluation of alternatives for such system.

(2)

Basis of Evaluation

The evaluation under paragraph (1)(B) shall be based on a clear articulation by the Director of the Missile Defense Agency of—

(A)

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

(B)

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

(C)

the technological and acquisition risks of such system, including systems engineering and ground system development;

(D)

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

(E)

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

(F)

any other matters the Director believes useful that do not unduly delay completion of the evaluation.

(3)

Evaluation

In conducting the evaluation under paragraph (1)(B), the Director of Cost Assessment and Program Evaluation shall—

(A)

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

(B)

examine the overhead persistent infrared satellite data or other data that are available as of the date of the evaluation that are not being used for ballistic missile tracking;

(C)

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

(D)

study the plans of the Director of the Missile Defense Agency to integrate the precision tracking space system concept into the ballistic missile defense system and evaluate the concept of operations and missile defense engagement scenarios of such use;

(E)

consider the agreement entered into under subsection (d)(1); and

(F)

consider any other matters the Director believes useful that do not unduly delay completion of the evaluation.

(4)

Cost Determination

-In conducting the independent cost estimate under paragraph (1)(A), the Director of Cost Assessment and Program Evaluation shall take into account acquisition costs and operation and sustainment costs during the initial 10-year and 20-year periods.

(5)

Cooperation

The Director of the Missile Defense Agency shall provide to the Director of Cost Assessment and Program Evaluation the information necessary to conduct the independent cost estimate and the evaluation of alternatives of such program under paragraph (1).

(c)

Submission required

Not later than April 30, 2013, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees the independent cost estimate and evaluation under subparagraphs (A) and (B) of subsection (b)(1).

(d)

Memorandum of agreement

(1)

In General

The Director of the Missile Defense Agency shall enter into a memorandum of agreement with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost sharing of the precision tracking space system.

(2)

Submission

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

(e)

Review by the comptroller general

(1)

Terms of reference

The Comptroller General of the United States shall provide to the congressional defense committees—

(A)

by not later than 30 days after the date on which the terms of reference for the evaluation under subsection (b)(1)(B) are provided to such committees pursuant to subsection (a)(2), a briefing on the views of the Comptroller General with respect to such terms of reference and their conformance with the best practices for analyses of alternatives established by the Comptroller General; and

(B)

a final report on such terms as soon as practicable following the date of the briefing under subparagraph (A).

(2)

Comprehensive PTSS Assessment

The Comptroller General shall further provide to the congressional defense committees—

(A)

by not later than 60 days after the date on which the evaluation is submitted to such committees under subsection (c), a briefing on the views of the Comptroller General with respect to such evaluation; and

(B)

a final report on such evaluation as soon as practicable following the date of the briefing under subparagraph (A).

225.

Next generation Exo-atmospheric Kill Vehicle

(a)

Plan for next generation kill vehicle

The Director of the Missile Defense Agency shall develop a long-term plan for the exo-atmospheric kill vehicle that addresses both modifications and enhancements to the current exo-atmospheric kill vehicle and options for the competitive development of a next generation exo-atmospheric kill vehicle for the ground-based interceptor of the ground-based midcourse defense system and any other interceptor that might be developed for the defense of the United States against long-range ballistic missiles.

(b)

Definition of parameters and capabilities

(1)

Assessment required

The Director shall define the desired technical parameters and performance capabilities for a next generation exo-atmospheric kill vehicle using an assessment conducted by the Director for that purpose that is designed to ensure that a next generation exo-atmospheric kill vehicle design—

(A)

enables ease of manufacturing, high tolerances to production processes and supply chain variability, and inherent reliability;

(B)

will be optimized to take advantage of the ballistic missile defense system architecture and sensor system capabilities;

(C)

leverages all relevant kill vehicle development activities and technologies, including from the current standard missile–3 block IIB program and the previous multiple kill vehicle technology development program;

(D)

seeks to maximize, to the greatest extent practicable, commonality between subsystems of a next generation exo-atmospheric kill vehicle and other exo-atmospheric kill vehicle programs; and

(E)

meets Department of Defense criteria, as established in the February 2010 Ballistic Missile Defense Review, for affordability, reliability, suitability, and operational effectiveness to defend against limited attacks from evolving and future threats from long-range missiles.

(2)

Evaluation of payloads

The assessment required by paragraph (1) shall include an evaluation of the potential benefits and drawbacks of options for both unitary and multiple exo-atmospheric kill vehicle payloads.

(3)

Standard missile–3 block IIb interceptor

As part of the assessment required by paragraph (1), the Director shall evaluate whether there are potential options and opportunities arising from the standard missile–3 block IIB interceptor development program for development of an exo-atmospheric kill vehicle, or kill vehicle technologies or components, that could be used for potential upgrades to the ground-based interceptor or for a next generation exo-atmospheric kill vehicle.

(c)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report setting forth the plan developed under subsection (a), including the results of the assessment under subsection (b), and an estimate of the cost and schedule of implementing the plan.

(2)

Form

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

226.

Modernization of the Patriot air and missile defense system

(a)

Plan for modernization

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

(b)

Additional elements

The report required by subsection (a) shall also set forth the following:

(1)

An explanation of the requirements and goals for the Patriot air and missile defense system and related systems of the integrated air and missile defense architecture during the 10-year period beginning on the date of the report.

(2)

An assessment of the integrated air and missile defense capabilities required to meet the demands of evolving and emerging threats during the ten-year period beginning on the date of the report.

(3)

A plan for the introduction of changes to the Patriot air and missile defense system program to achieve reductions in the life-cycle cost of the Patriot air and missile defense system.

227.

Evaluation and environmental impact assessment of potential future missile defense sites in the United States

(a)

Evaluation

Not later than December 31, 2013, the Secretary of Defense shall conduct a study to evaluate at least three possible additional locations in the United States, selected by the Director of the Missile Defense Agency, that would be best suited for future deployment of an interceptor capable of protecting the homeland against threats from nations such as North Korea and Iran. At least two of such locations shall be on the East Coast of the United States.

(b)

Environmental impact statement required

Except as provided by subsection (c), the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. et seq.) for the locations the Secretary evaluates under subsection (a).

(c)

Exception

If an environmental impact statement has already been prepared for a location the Secretary evaluates under subsection (a), the Secretary shall not be required to prepare another environmental impact statement for such location.

(d)

Contingency plan

In light of the evaluation under subsection (a), the Director of the Missile Defense Agency shall—

(1)

develop a contingency plan for the deployment of a homeland missile defense interceptor site that is in addition to such sites that exist as of the date of the enactment of this Act in case the President determines to proceed with such an additional deployment; and

(2)

notify the congressional defense committees when such contingency plan has been developed.

228.

Homeland ballistic missile defense

(a)

Sense of Congress

It is the sense of Congress that—

(1)

it is a national priority to defend the United States homeland against the threat of limited ballistic missile attack (whether accidental, unauthorized, or deliberate);

(2)

the currently deployed ground-based midcourse defense system, with 30 ground-based interceptors deployed in Alaska and California, provides a level of protection of the United States homeland;

(3)

it is essential for the ground-based midcourse defense system to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland;

(4)

the Missile Defense Agency should, as its highest priority, correct the problem that caused the December 2010 ground-based midcourse defense system flight test failure and demonstrate the correction in flight tests before resuming production of the capability enhancement-II kill vehicle, in order to provide confidence that the system will work as intended;

(5)

the Department of Defense should continue to enhance the performance and reliability of the ground-based midcourse defense system, and enhance the capability of the ballistic missile defense system, to provide improved capability to defend the homeland;

(6)

the Missile Defense Agency should have a robust, rigorous, and operationally realistic testing program for the ground-based midcourse defense system, including salvo testing, multiple simultaneous engagement testing, and operational testing;

(7)

the Department of Defense has taken a number of prudent, affordable, cost-effective, and operationally significant steps to hedge against the possibility of future growth in the missile threat to the homeland from North Korea and Iran; and

(8)

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

(b)

Report

(1)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of efforts to improve the homeland ballistic missile defense capability of the United States.

(2)

Elements of report

The report required by paragraph (1) shall include the following:

(A)

A detailed description of the actions taken or planned to improve the reliability, availability, and capability of the ground-based midcourse defense system, particularly the exoatmospheric kill vehicle, and any other actions to improve the homeland missile defense posture to hedge against potential future growth in the threat of limited ballistic missile attack (whether accidental, unauthorized, or deliberate), particularly from countries such as North Korea and Iran.

(B)

A description of any improvements achieved as a result of the actions described in subparagraph (A).

(C)

A description of the results of the two planned flight tests of the ground-based midcourse defense system (control test vehicle flight test–1, and GMD flight test–06b) intended to demonstrate the success of the correction of the problem that caused the flight test failure of December 2010, and the status of any decision to resume production of the capability enhancement-II kill vehicle.

(D)

a detailed description of the planned roles and requirements for the standard missile-3 block IIB interceptor to augment the defense of the homeland, including the capabilities needed to defeat long-range missiles that could be launched from Iran to the United States;

(E)

Any other matters the Secretary considers appropriate.

(3)

Form of report

The report shall be submitted in unclassified form, but may include a classified annex.

(c)

Comptroller General briefing and report

(1)

Briefing

Not later than 60 days after the date on which the Secretary submits the report under subsection (b)(1), the Comptroller General of the United States shall brief the congressional defense committees with the views of the Comptroller General on the report.

(2)

Report

As soon as practicable after the date on which the Comptroller General briefs the congressional defense committees under paragraph (1), the Comptroller General shall submit to such committees a report on the views included in such briefing.

229.

Regional ballistic missile defense

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed forces of the United States and allies and partners in Europe, the Middle East, and the Asia-Pacific region;

(2)

the Department of Defense has an obligation to provide force protection of forward-deployed forces, assets, and facilities of the United States from regional ballistic missile attack;

(3)

the United States has an obligation to meet its security commitments to its allies, including ballistic missile defense commitments;

(4)

the Department of Defense has a program of investment and capabilities to provide for both homeland defense and regional defense against ballistic missiles, consistent with the Ballistic Missile Defense Review of 2010 and with the prioritized and integrated needs of the commanders of the combatant commands;

(5)

the European Phased Adaptive Approach to missile defense is a response to the existing and growing ballistic missile threat from Iran to forward deployed United States forces, allies and partners in Europe;

(6)

the Department of Defense—

(A)

should, as a high priority, continue to develop, test, and plan to deploy all four phases of the European Phased Adaptive Approach, including all variants of the standard missile–3 interceptor;

(B)

should continue to conduct tests to evaluate and assess the capability of future phases of the European Phased Adaptive Approach and to demonstrate whether they will achieve their intended roles, as outlined in the Ballistic Missile Defense Review of 2010; and

(C)

should also continue with its other phased and adaptive regional missile defense efforts tailored to the Middle East and the Asia-Pacific region; and

(7)

European members of the North Atlantic Treaty Organization are making a variety of contributions to missile defense in Europe, by hosting elements of missile defense systems of the United States on their territories, through individual national contributions to missile defense capability, and by collective funding and development of the Active Layered Theater Ballistic Missile Defense system; and

(8)

allies and partners of the United States in the Asia-Pacific region and in the Middle East are making contributions to regional missile defense capabilities, including by hosting elements of missile defense systems of the United States on their territories; jointly developing missile defense capabilities; and cooperating in regional missile defense architectures.

(b)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the status and progress of regional missile defense programs and efforts.

(2)

Elements of report

The report required by paragraph (1) shall include the following:

(A)

An assessment of the adequacy of the existing and planned European Phased Adaptive Approach to provide force protection for forward-deployed forces of the United States in Europe against ballistic missile threats from Iran, and an assessment whether adequate force protection would be available absent the European Phased Adaptive Approach, given current and planned Patriot, Terminal High Altitude Area Defense, and Aegis ballistic missile defense capability.

(B)

A description of the progress made in the development and testing of elements of systems intended for deployment in Phases 2 through 4 of the European Phased Adaptive Approach, and an assessment of technical and schedule risks.

(C)

A description of the missile defense priorities and capability needs of the regional combatant commands, and the planned regional missile defense architectures derived from those capability needs and priorities.

(D)

A description of the global force management process used to evaluate the missile defense capability needs of the regional combatant commands and to determine the resource allocation and deployment outcomes among such commands.

(E)

A description of the missile defense command and control concepts and arrangements in place for United States and allied regional missile defense forces, and the missile defense partnerships and burden-sharing arrangements in place between the United States and its allies and partners.

(3)

Form

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

(c)

Comptroller general views

The Comptroller General of the United States shall—

(1)

brief the congressional defense committees with the views of the Comptroller General on the report under subsection (b)(1) by not later than 60 days after the date on which the Secretary submits such report; and

(2)

submit to such committees a written report on such views as soon as practicable after the date of the briefing under paragraph (1).

230.

NATO contributions to missile defense in Europe

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on contributions of members of the North Atlantic Treaty Organization to missile defense in Europe.

(b)

Elements

The report required under subsection (a) shall include a discussion of the full range of contributions made by members of NATO, individually and collectively, to missile defense in Europe, including the following:

(1)

Financial contributions to the development of the Active Layered Theater Ballistic Missile Defense command and control system or other NATO missile defense capabilities, including the European Phased Adaptive Approach.

(2)

National contributions of missile defense capabilities to NATO.

(3)

Agreements to host missile defense facilities in the territory of the member state.

(4)

Contributions in the form of providing support, including security, for missile defense facilities in the territory of the member state.

(5)

Any other contributions being planned by members of NATO, including the modification of existing military systems to contribute to the missile defense capability of NATO.

(6)

A discussion of whether there are other opportunities for future contributions, financial and otherwise, to missile defense by members of NATO.

(7)

Any other matters the Secretary determines appropriate.

(c)

Form of report

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

231.

Report on test plan for the ground-based midcourse defense system

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the testing program for the ground-based midcourse defense element of the ballistic missile defense system.

(b)

Elements

The report under subsection (a) shall include the following:

(1)

An explanation of testing options for the ground-based midcourse defense system if planned flight tests CTV–01 and FTG–06b do not demonstrate the successful correction to the problem that caused the failure of the capability enhancement–2 kill vehicle in flight test FTG–06a in December 2010, including additional testing of the capability enhancement–1 kill vehicle.

(2)

An assessment of the feasibility, advisability, and cost effectiveness (including the potential benefits, risks, and impact on the current test plan and integrated master test plan for the ground-based midcourse defense system) of adjusting the test plan of the ground-based midcourse defense system to accomplish, at an acceptable level of risk—

(A)

accelerating to fiscal year 2014 the date for testing such system using a capability enhancement–1 kill vehicle against an intercontinental ballistic missile-range target; and

(B)

increasing the pace of the flight testing of such system to a rate of three tests every two years.

(3)

If the Secretary determines that either option described in subparagraph (A) or (B) of paragraph (2) would be feasible, advisable, and cost effective, a discussion of whether increased funding beyond the funding requested in the budget for fiscal year 2013 is required to carry out such options and, if so, what level of increased funding would be necessary to carry out each such option.

(4)

Any additional matters the Secretary determines appropriate.

(c)

DOT&E views

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

(d)

Form

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

(e)

Comptroller General views

The Comptroller General of the United States shall—

(1)

brief the congressional defense committees concerning the views of the Comptroller General on the report required under subsection (a) by not later than 60 days after the date on which the Secretary submits such report; and

(2)

submit to such committees a written report on such views as soon as practicable after the date of the briefing under paragraph (1).

232.

Sense of Congress on missile defense

(a)

Findings

Congress finds the following:

(1)

In a December 18, 2010, letter to the Senate leadership, President Obama wrote that the North Atlantic Treaty Organization (NATO) invited the Russian Federation to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance’s missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made it clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States’ or NATO’s missile defense capabilities..

(2)

In a February 2, 2011, message to the Senate concerning its December 22, 2010, Resolution of Advice and Consent to Ratification of the New START Treaty, President Obama certified that It is the policy of the United States to continue development and deployment of United States missile defense systems to defend against missile threats from nations such as North Korea and Iran, including qualitative and quantitative improvements to such systems. As stated in the Resolution, such systems include all phases of the Phased Adaptive Approach to missile defense in Europe, the modernization of the Ground-based Midcourse Defense system, and the continued development of the two-stage Ground-Based Interceptor as a technological and strategic hedge..

(3)

In a letter dated December 13, 2011, to Senator Mark Kirk, Robert Nabors, Assistant to the President and Director of the Office of Legislative Affairs, wrote that The United States remains committed to implementing the European Phased Adaptive Approach to missile defense, and will not agree to any constraints limiting the development or deployment of United States missile defenses and [w]e will not provide Russia with sensitive information about our missile defense systems that would in any way compromise our national security. For example, hit-to-kill technology and interceptor telemetry will under no circumstances be provided to Russia..

(b)

Sense of Congress

It is the sense of Congress that—

(1)

pursuant to section 2 of the National Missile Defense Act of 1999 (Public Law 106–38; 113 Stat. 205; 10 U.S.C. 2431 note), it is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate)...;

(2)

defenses against ballistic missiles are essential for new deterrent strategies and for new strategies should deterrence fail;

(3)

further limitations on the missile defense capabilities of the United States are not in the national security interest of the United States;

(4)

the New Start Treaty and the April 7, 2010, unilateral statement of the Russian Federation on missile defense do not limit in any way, and shall not be interpreted as limiting, activities that the Federal Government of the United States currently plans or that might be required over the duration of the New START Treaty to protect the United States pursuant to the National Missile Defense Act of 1999, or to protect the Armed Forces of the United States and allies of the United States from limited ballistic missile attack, including further planned enhancements to the Ground-based Midcourse Defense system and all phases of the Phased Adaptive Approach to missile defense in Europe;

(5)

it was the Understanding of the Senate in its December 22, 2010, Resolution of Advice and Consent to Ratification of the New START Treaty that, any additional New START Treaty limitations on the deployment of missile defenses beyond those contained in paragraph 3 of Article V, including any limitations agreed under the auspices of the Bilateral Consultative Commission, would require an amendment to the New START Treaty which may enter into force for the United States only with the advice and consent of the Senate, as set forth in Article II, section 2, clause 2 of the Constitution of the United States; and

(6)

section 303(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)) requires that no action shall be taken pursuant to this or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution..

(c)

New START Treaty defined

In this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.

233.

Sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy report of the Secretary of Defense

It is the sense of the Congress that—

(1)

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

(2)

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

D

Reports

241.

Mission packages for the Littoral Combat Ship

(a)

Report required

Not later than March 1, 2013, the Secretary of the Navy shall, in consultation with the Director of Operational Test and Evaluation, submit to the congressional defense committees a report on the mine countermeasures warfare, antisubmarine warfare, and surface warfare mission packages for the Littoral Combat Ship.

(b)

Elements

The report required by subsection (a) shall set forth the following:

(1)

A plan for the mission packages demonstrating that preliminary design review for every capability increment precedes Milestone B or equivalent approval for that increment.

(2)

A plan for demonstrating that the capability increment for each mission package, combined with a Littoral Combat Ship, on the basis of a preliminary design review and post-preliminary design review assessment, will achieve the capability specified for that increment.

(3)

A plan for demonstrating the survivability and lethality of the Littoral Combat Ship with its mission packages sufficiently early in the development phase of the system to minimize costs of concurrency.

242.

Study on electronic warfare capabilities of the Marine Corps

(a)

Study

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

(b)

Report

(1)

In general

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

(2)

Matters included

The report under paragraph (1) shall include the following:

(A)

A detailed plan for the disposition of EA–6B Prowler aircraft squadrons.

(B)

A solution for the replacement of the capability provided by such aircraft.

(C)

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

(D)

Any other issues that the Commandant determines appropriate.

243.

Conditional requirement for report on amphibious assault vehicles for the Marine Corps

(a)

In general

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

(1)

A detailed description of the capability gaps that Marine Personnel Carriers are intended to mitigate and the capabilities that the Marine Personnel Carrier will be required to have to mitigate such gaps, and an assessment whether, and to what extent, Amphibious Combat Vehicles could mitigate such gaps.

(2)

A detailed explanation of the role of the Marine Personnel Carriers in the operations of the Marine Corps, as well as a comparative estimate of the acquisition and life-cycle costs of—

(A)

a fleet consisting of both Amphibious Combat Vehicles and Marine Personnel Carriers; and

(B)

a fleet consisting of only Amphibious Combat Vehicles.

(b)

Submittal date

If required, the report under subsection (a) shall be submitted not later than the later of—

(1)

the date that is 60 days after the date of the completion of the study referred to in subsection (a); or

(2)

February 1, 2013.

244.

Report on cyber and information technology research investments of the Air Force

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report detailing the investment strategy of the Air Force with respect to the spectrum of—

(1)

cyber science and technology;

(2)

autonomy, command and control, and decision support technologies;

(3)

connectivity and dissemination technologies; and

(4)

processing and exploitation technologies.

(b)

Elements

The report under subsection (a) shall include the following:

(1)

An identification of the near-, mid-, and far-term science and technology priorities of the Air Force with respect to cyber and information-related technologies and the resources (including both funding and personnel) projected to address these priorities.

(2)

A strategy to transition the results of the science and technology priorities described in paragraph (1) into weapon systems, including cyber tools.

(3)

A description of how the Air Force will recruit, train, and retain a highly skilled workforce in cyber and information-related technologies, including the use of the authorities granted under the laboratory demonstration program established by section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as most recently amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A–315).

(4)

A description of laboratory infrastructure and research facilities, including the Air Force Institute of Technology, that are necessary for the accomplishment of the science and technology priorities described in paragraph (1).

245.

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 science, technology, engineering, mathematics, and management.

(b)

Matters included

At a minimum, the review under subsection (a) shall address—

(1)

the need by the Department of Defense and the military departments for military and civilian personnel with advanced degrees in science, technology, engineering, mathematics, and management, including a list of the numbers of such personnel needed by discipline;

(2)

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

(3)

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

(4)

the costs and benefits of maintaining such educational institutions, including costs relating to in-house research;

(5)

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

(6)

existing organizational structures, including reporting chains, within the military departments to manage the graduate education needs of the Department of Defense and the military departments in the fields described in paragraph (1); and

(7)

recommendations for improving the ability of the Department of Defense to identify, manage, and source the graduate education needs of the Department in such fields.

(c)

Report

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

E

Other Matters

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.

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 to address national security and homeland defense challenges.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the appropriate congressional committees a report describing—

(1)

the participation of the Department of Defense in regional advanced technology clusters, including the number of—

(A)

clusters supported;

(B)

technologies developed and transitioned to acquisition programs;

(C)

products commercialized;

(D)

small businesses trained;

(E)

companies started; and

(F)

research and development facilities shared;

(2)

implementation by the Department of processes and tools to facilitate collaboration with the clusters;

(3)

agreements established by the Department with the Department of Commerce to jointly support the continued growth of the clusters;

(4)

methods to evaluate the effectiveness of technology cluster policies;

(5)

any additional required authorities and any impediments to supporting regional advanced technology clusters; and

(6)

the use of any agreements entered into under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) and any access granted to facilities of the Department of Defense for research and development purposes.

(c)

Collaboration

The Secretary of Defense may meet, collaborate, and share resources with other Federal agencies for purposes of assisting in the use and appropriate growth of regional advanced technology clusters under this section.

(d)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the congressional defense committees;

(B)

the Committee on Commerce, Science, and Transportation of the Senate; and

(C)

the Committee on Energy and Commerce of the House of Representatives.

(2)

The term regional advanced technology clusters means geographic centers focused on building science and technology-based innovation capacity in areas of local and regional strength to foster economic growth and improve quality of life.

253.

Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces

It is the sense of Congress that—

(1)

modeling and simulation will continue to play a critical role in the training of the members of the Armed Forces;

(2)

while increased modeling and simulation has reduced overall costs of training of members of the Armed Forces, there are still significant costs associated with the human resources required to execute certain training exercises where role-playing actors for certain characters such as opposing forces, the civilian populace, other government agencies, and non-governmental organizations are required;

(3)

technological advances in areas such as varying levels of autonomy for systems, multi-player gaming techniques, and artificial intelligence could reduce the number of personnel required to support certain training exercises for members of the Armed Forces, and thereby reduce the overall cost of the exercises; and

(4)

the Secretary of Defense should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces to increase training effectiveness and reduce costs.

III

OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environment

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

Sec. 312. Authority of Secretary of a military department to enter into cooperative agreements with Indian tribes for land management associated with military installations and State-owned National Guard installations.

Sec. 313. Department of Defense guidance on environmental exposures at military installations and briefing regarding environmental exposures to members of the Armed Forces.

Sec. 314. Report on status of targets in implementation plan for operational energy strategy.

Sec. 315. Limitation on obligation of Department of Defense funds from Defense Production Act of 1950 for biofuel refinery construction.

Sec. 316. Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes.

Subtitle C—Logistics and Sustainment

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

Sec. 322. Restoration and amendment of certain provisions relating to depot-level maintenance and core logistics capabilities.

Sec. 323. Rating chains for system program managers.

Subtitle D—Readiness

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

Sec. 332. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements.

Sec. 333. Department of Defense national strategic ports study and Comptroller General studies and reports on strategic ports.

Subtitle E—Reports

Sec. 341. Annual report on Department of Defense long-term corrosion strategy.

Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied environment.

Sec. 343. Comptroller General review of annual Department of Defense report on prepositioned materiel and equipment.

Sec. 344. Modification of report on maintenance and repair of vessels in foreign shipyards.

Sec. 345. Extension of deadline for Comptroller General report on Department of Defense service contract inventory.

Subtitle F—Limitations and Extension of Authority

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

Sec. 352. Aerospace control alert mission.

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

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

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

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

Sec. 361. Short title.

Sec. 362. Establishment of Commission.

Sec. 363. Duties of the Commission.

Sec. 364. Powers of the Commission.

Sec. 365. Commission personnel matters.

Sec. 366. Termination of the Commission.

Sec. 367. Funding.

Subtitle H—Other Matters

Sec. 371. Military working dog matters.

Sec. 372. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments.

A

Authorization of Appropriations

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.

B

Energy and Environment

311.

Training range sustainment plan and training range inventory

Section 366 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522; 10 U.S.C. 113 note), as most recently amended by section 348 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2159), is amended—

(1)

in subsection (a)(5), by striking each of fiscal years 2005 through 2013 and inserting each fiscal year through fiscal year 2018; and

(2)

in subsection (c)(2), by striking fiscal years 2005 through 2013 and inserting each fiscal year through fiscal year 2018.

312.

Authority of Secretary of a military department to enter into cooperative agreements with Indian tribes for land management associated with military installations and State-owned National Guard installations

(a)

Inclusion of indian tribes

Section 103A(a) of the Sikes Act (16 U.S.C. 670c–1(a)) is amended in the matter preceding paragraph (1) by inserting Indian tribes, after local governments,.

(b)

Indian tribe defined

Section 100 of such Act (16 U.S.C. 670) is amended by adding at the end the following new paragraph:

(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.

.

313.

Department of Defense guidance on environmental exposures at military installations and briefing regarding environmental exposures to members of the Armed Forces

(a)

Issuance of guidance required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to the military departments and appropriate defense agencies regarding environmental exposures on military installations.

(2)

Elements

The guidance issued pursuant to paragraph (1) shall address, at a minimum, the following:

(A)

The criteria for when and under what circumstances public health assessments by the Agency for Toxic Substances and Disease Registry must be requested in connection with environmental contamination at military installations, including past incidents of environmental contamination.

(B)

The procedures to be used to track and document the status and nature of responses to the findings and recommendations of the public health assessments of the Agency of Toxic Substances and Disease Registry that involve contamination at military installations.

(C)

The appropriate actions to be undertaken to assess significant long-term health risks from past environmental exposures to military personnel and civilian individuals from living or working on military installations.

(3)

Submission

Not later than 30 days after the issuance of the guidance required by paragraph (1), the Secretary of Defense shall transmit to the congressional defense committees a copy of the guidance.

(b)

Briefing required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees regarding materiel solutions that would measure environmental exposures to members of the Armed Forces while in contingency operations.

(2)

Elements

The briefing required by paragraph (1) shall include, at a minimum, the following:

(A)

Relevant materiel solutions in development or commercially available that would facilitate the identification of members of the Armed Forces who have individual exposures to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste.

(B)

A timeline, and estimated cost, of developing and deploying the materiel solutions described in subparagraph (A).

(C)

Identification of the Department of Defense’s process, and any systems, that collect and maintain exposure data and a description of how the Department of Defense could integrate data from the materiel solutions described in subparagraph (A) into those systems.

(D)

An update regarding the sharing of environmental exposure data with the Secretary of Veterans Affairs for use in medical and treatment records of veterans, including how the materiel solutions described in subparagraph (A) can be used in determining the service-connectedness of health conditions and in identifying possible origins and causes of disease.

314.

Report on status of targets in implementation plan for operational energy strategy

(a)

Report required

If the annual report for fiscal year 2011 required by section 2925(b) of title 10, United States Code, is not submitted to the congressional defense committees by December 31, 2012, the Secretary of Defense shall submit, not later than June 30, 2013, to the congressional defense committees a report on the status of the targets established in the implementation plan for the operational energy strategy established pursuant to section 139b of such title, as contained in the document entitled Operational Energy Strategy: Implementation Plan, Department of Defense, March 2012.

(b)

Elements of report

The report required by subsection (a) shall describe, at a minimum, the following:

(1)

The status of each of the targets listed in the implementation plan.

(2)

The steps being taken to meet the targets.

(3)

The expected date of completion for each target, if the date is different from the date indicated in the implementation plan.

(4)

The reason for any delays in meeting the targets.

315.

Limitation on obligation of Department of Defense funds from Defense Production Act of 1950 for biofuel refinery construction

Amounts made available to the Department of Defense pursuant to the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) for fiscal year 2013 for biofuels production may not be obligated or expended for the construction of a biofuel refinery until the Department of Defense receives matching contributions from the Department of Energy and equivalent contributions from the Department of Agriculture for the same purpose.

316.

Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes

It is the sense of Congress that—

(1)

Department of Defense airfields, training airspace, and air training routes are critical national assets that must be protected from encroachment or mission degradations to the maximum extent practicable;

(2)

placement or emplacement of obstructions near or on Department of Defense airfields, training airspace, or air training routes has the potential of increasing risk to military aircraft and personnel as well as impacting training and readiness; and

(3)

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

C

Logistics and Sustainment

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.

322.

Restoration and amendment of certain provisions relating to depot-level maintenance and core logistics capabilities

(a)

Repeal

The following provisions of law are hereby repealed:

(1)

Section 2460 of title 10, United States Code (as amended by section 321 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81)).

(2)

Section 2464 of title 10, United States Code (as amended by section 327 of the National Defense Authorization Act for Fiscal Year 2012).

(b)

Revival of superseded provisions

(1)

Definition of depot-level maintenance and repair

The provisions of section 2460 of title 10, United States Code, as in effect on December 30, 2011 (the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012), are hereby revived.

(2)

Core logistics capabilities

(A)

The provisions of section 2464 of 10, United States Code, as in effect on that date, are hereby revived.

(B)

The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2464 and inserting the following new item:

2464. Core logistics capabilities.

.

(c)

Amendment to definition of depot-level maintenance and repair

Subsection (b) of section 2460 of title 10, United States Code, as revived by subsection (b), is amended by striking or the nuclear refueling of an aircraft carrier and inserting or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul.

(d)

Biennial core report

Section 2464 of such title, as revived by subsection (b), is amended by adding at the end the following new subsections:

(d)

Biennial core report

Not later than April 1 of each even-numbered year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (except for the Coast Guard), for the fiscal year after the fiscal year during which the report is submitted, each of the following:

(1)

The core depot-level maintenance and repair capability requirements and sustaining workloads, organized by work breakdown structure, expressed in direct labor hours.

(2)

The corresponding workloads necessary to sustain core depot-level maintenance and repair capability requirements, expressed in direct labor hours and cost.

(3)

In any case where core depot-level maintenance and repair capability requirements exceed or are expected to exceed sustaining workloads, a detailed rationale for any and all shortfalls and a plan either to correct or mitigate the effects of the shortfalls.

(e)

Comptroller General Review

The Comptroller General of the United States shall review each report submitted under subsection (d) for completeness and compliance and shall submit to the congressional defense committees findings and recommendations with respect to the report by not later than 60 days after the date on which the report is submitted to Congress.

.

(e)

Conforming amendments

(1)

Section 2366a of title 10, United States Code, is amended by striking core depot-level maintenance and repair capabilities each place it appears and inserting core logistics capabilities .

(2)

Section 2366b(A)(3)(F) of title 10, United States Code, is amended by striking core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities and inserting core logistics capabilities.

(3)

Section 801(c) of the National Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1483; 10 U.S.C. 2366a note) is amended by striking core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities and inserting core logistics capabilities .

(f)

Effective date

This section and the amendments made by this section shall take effect on December 31, 2011, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, immediately after the enactment of that Act.

323.

Rating chains for system program managers

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

D

Readiness

331.

Intergovernmental support agreements with State and local governments

(a)

Agreements authorized

Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

2336.

Intergovernmental support agreements with State and local governments

(a)

In general

(1)

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

(2)

Notwithstanding any other provision of law, an intergovernmental support agreement under paragraph (1)—

(A)

may be entered into on a sole-source basis;

(B)

may be for a term not to exceed five years; and

(C)

may use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government.

(3)

An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use.

(b)

Effect on first responder arrangements

The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.

(c)

Availability of funds

Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.

(d)

Effect on OMB Circular A-76

The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.

(e)

Definitions

In this section:

(1)

The term installation-support services means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions.

(2)

The term local government includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.

(3)

The term State includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands, and any agency or instrumentality of a State.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2336. Intergovernmental support agreements with State and local governments.

.

332.

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

(a)

Expansion

Section 330 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68) is amended—

(1)

in subsection (a), by inserting , the Secretary of the Navy, and the Secretary of the Air Force (in this section referred to as the Secretary concerned) after the Secretary of the Army;

(2)

in subsection (d)—

(A)

by inserting by the Secretary concerned after submitted; and

(B)

by inserting by the Secretary concerned after used; and

(3)

in subsection (e)—

(A)

in paragraph (1), by striking the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Assistant Secretary of the Army for Financial Management and Comptroller, and inserting the Secretary concerned; and

(B)

in paragraph (2), by striking the Assistant Secretary of the Army for Acquisition, Logistics, and Technology and inserting the Secretary concerned.

(b)

Covered product improvements

Subsection (b) of such section is amended—

(1)

by inserting retrofit, modernization, upgrade, or rebuild of a before component; and

(2)

by striking reliability and maintainability and inserting reliability, availability, and maintainability.

(c)

Limitation on Certain Projects

Subsection (c)(1) of such section is amended by striking performance envelope and inserting capability.

(d)

Reporting requirement

Subsection (e) of such section is amended—

(1)

in paragraph (2), by striking 2012 and inserting 2017; and

(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.

333.

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

(a)

Sense of Congress on completion of DOD report

It is the sense of Congress that the Secretary of Defense should expedite completion of the study of strategic ports in the United States called for in the conference report to accompany the National Defense Authorization Act for Fiscal Year 2012 (Conference Report 112–329) so that it can be submitted to Congress before December 31, 2012.

(b)

Comptroller General sufficiency review

(1)

Submission of DOD report

In addition to submitting the report referred to in subsection (a) to Congress, the Secretary of Defense shall submit the report to the Comptroller General of the United States.

(2)

Sufficiency review

Not later than 90 days after receiving the report under paragraph (1), the Comptroller General shall—

(A)

conduct a sufficiency review of the report; and

(B)

submit to the congressional defense committees a report containing the results of the review.

(c)

Comptroller general study and report on strategic ports

(1)

Study and report required

Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall—

(A)

conduct a study of the programs and efforts of the Department of Defense related to the state of strategic ports with respect to the operational and readiness requirements of the Department; and

(B)

submit to the congressional defense committees a report containing the findings of the study.

(2)

Elements of study

The study required by paragraph (1) shall include an assessment of—

(A)

the extent to which the facilities at strategic ports meet the requirements of the Department of Defense;

(B)

the extent to which the Department has identified gaps in the ability of existing strategic ports to meet its needs and identified and undertaken efforts to address any gaps; and

(C)

the ability of the Department to oversee, coordinate, and provide security for military deployments through strategic ports.

(d)

Strategic port defined

In this section, the term strategic port means a United States port designated by the Secretary of Defense as a significant transportation hub important to the readiness and cargo throughput capacity of the Department of Defense.

E

Reports

341.

Annual report on Department of Defense long-term corrosion strategy

Section 2228(e) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (B), by inserting , including available validated data on return on investment for completed corrosion projects and activities after the strategy;

(B)

in subparagraph (E), by striking For the fiscal year covered by the report and the preceding fiscal year and inserting For the fiscal year preceding the fiscal year covered by the report; and

(C)

by inserting at the end the following new subparagraph:

(F)

For the fiscal year preceding the fiscal year covered by the report, a description of the specific amount of funds used for military corrosion projects, the Technical Corrosion Collaboration pilot program, and other corrosion-related activities.

;

(2)

by striking paragraph (2); and

(3)

by redesignating paragraph (3) as paragraph (2).

342.

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

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to Congress a report on the readiness of the joint force to conduct operations in environments where there is no access to Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (in this section referred to as C4ISR) systems, including satellite communications, classified Internet protocol-based networks, and the Global Positioning System (in this section referred to as GPS).

(b)

Contents of report

The report required by subsection (a) shall include a description of the steps taken and planned to be taken—

(1)

to identify likely threats to the C4ISR systems of the United States, including both weapons and those states with such capabilities as well as the most likely areas in which C4ISR systems could be at risk;

(2)

to identify vulnerabilities to the C4ISR systems of the United States that could result in a C4ISR-denied environment;

(3)

to determine how the Armed Forces should respond in order to reconstitute C4ISR systems, prevent further denial of C4ISR systems, and develop counter-attack capabilities;

(4)

to determine which types of joint operations could be feasible in an environment in which access to C4ISR systems is restricted or denied;

(5)

to conduct training and exercises for sustaining combat and logistics operations in C4ISR-denied environments; and

(6)

to propose changes to current tactics, techniques, and procedures to prepare to operate in an environment in which C4ISR systems are degraded or denied for 48-hour, 7-day, 30-day, or 60-day periods.

(c)

Joint exercise plan required

Based on the findings of the report required by subsection (a), the Chairman of the Joint Chiefs of Staff shall develop a roadmap and joint exercise plan for the joint force to operate in an environment where access to C4ISR systems, including satellite communications, classified Internet protocol-based networks, and the GPS network, is denied. The plan and joint exercise program shall include—

(1)

the development of alternatives to satellite communications, classified Internet protocol-based networks, and GPS for logistics, intelligence, surveillance, reconnaissance, and combat operations; and

(2)

methods to mitigate dependency on satellite communications, classified Internet protocol-based networks, and GPS;

(3)

methods to protect vulnerable satellite communications, classified Internet protocol-based networks, and GPS; and

(4)

a joint exercise and training plan to include fleet battle experiments, to enable the force to operate in a satellite communications, Internet protocol-based network, and GPS-denied environment.

(d)

Form of report

The report required to be submitted by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

343.

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

Section 2229a(b)(1) of title 10, United States Code, is amended—

(1)

by striking By not later than 120 days after the date on which a report is submitted under subsection (a), the and inserting The; and

(2)

by striking the report and inserting each report submitted under subsection (a).

344.

Modification of report on maintenance and repair of vessels in foreign shipyards

Section 7310(c) of title 10, United States Code, is amended—

(1)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A), by striking The report and inserting the following: Except as provided in paragraph (4), the report; and

(B)

in subparagraph (A), by inserting after justification under law the following: and operational justification;

(2)

by redesignating paragraph (4) as paragraph (5);

(3)

by inserting after paragraph (3) the following new paragraph (4):

(4)

In the case of a covered vessel described in subparagraph (C) of paragraph (5), the report shall not be required to include the information described in subparagraphs (A), (E), (F), (G), and (I) of paragraph (3).

; and

(4)

in paragraph (5), as redesignated by paragraph (2) of this section, by adding at the end the following new subparagraph:

(C)

A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.

.

345.

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

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

F

Limitations and Extension of Authority

351.

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

Section 372 of title 10, United States Code, is amended—

(1)

by striking (a) In general.—; and

(2)

by striking subsection (b).

352.

Aerospace control alert mission

(a)

Consolidated Budget Exhibit

The Secretary of Defense shall establish a consolidated budget justification display that fully identifies the baseline aerospace control alert budget for each of the military services and encompasses all programs and activities of the aerospace control alert mission for each of the following functions:

(1)

Procurement.

(2)

Operation and maintenance.

(3)

Research, development, testing, and evaluation.

(4)

Military construction.

(b)

Report

(1)

Report to Congress

Not later than April 1, 2013, the Secretary of Defense shall submit to the congressional defense committees a report that provides a cost-benefit analysis and risk-based assessment of the aerospace control alert mission as it relates to expected future changes to the budget and force structure of such mission.

(2)

Comptroller General review

Not later than 120 days after the date on which the Secretary submits the report required by paragraph (1), the Comptroller General of the United States shall—

(A)

conduct a review of the Department of Defense cost-benefit analysis and risk-based assessment contained in the report; and

(B)

submit to the congressional defense committees a report on the findings of such review.

(c)

Sense of Congress on the essential service provided by Air Force wings performing Aerospace Control Alert missions

It is the sense of Congress that Air Force wings performing the 24-hour aerospace control alert missions provide an essential service in defending the sovereign airspace of the United States in the aftermath of the terrorist attacks upon the United States on September 11, 2001.

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.

354.

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

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser or dock landing ship.

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.

G

National Commission on the Structure of the Air Force

361.

Short title

This subtitle may be cited as the National Commission on the Structure of the Air Force Act of 2012.

362.

Establishment of Commission

(a)

Establishment

There is established the National Commission on the Structure of the Air Force (in this subtitle referred to as the Commission).

(b)

Membership

(1)

Composition

The Commission shall be composed of eight members, of whom—

(A)

four shall be appointed by the President;

(B)

one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;

(C)

one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;

(D)

one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and

(E)

one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.

(2)

Appointment date

The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.

(3)

Effect of lack of appointment by appointment date

If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.

(4)

Expertise

In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy.

(c)

Period of appointment; vacancies

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(d)

Initial meeting

Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

(e)

Meetings

The Commission shall meet at the call of the Chair.

(f)

Quorum

A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(g)

Chair and Vice Chairman

The Commission shall select a Chair and Vice Chair from among its members.

363.

Duties of the Commission

(a)

Study

(1)

In general

The Commission shall undertake a comprehensive study of the structure of the Air Force to determine whether, and how, the structure should be modified to best fulfill current and anticipated mission requirements for the Air Force in a manner consistent with available resources.

(2)

Considerations

In considering the structure of the Air Force, the Commission shall give particular consideration to evaluating a structure that—

(A)

meets current and anticipated requirements of the combatant commands;

(B)

achieves an appropriate balance between the regular and reserve components of the Air Force, taking advantage of the unique strengths and capabilities of each;

(C)

ensures that the regular and reserve components of the Air Force have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States;

(D)

provides for sufficient numbers of regular members of the Air Force to provide a base of trained personnel from which the personnel of the reserve components of the Air Force could be recruited;

(E)

maintains a peacetime rotation force to support operational tempo goals of 1:2 for regular members of the Air Forces and 1:5 for members of the reserve components of the Air Force; and

(F)

maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness.

(b)

Report

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

364.

Powers of the Commission

(a)

Hearings

The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this subtitle.

(b)

Information from federal agencies

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subtitle. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c)

Postal services

The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d)

Gifts

The Commission may accept, use, and dispose of gifts or donations of services or property.

365.

Commission personnel matters

(a)

Compensation of members

Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(b)

Travel expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(c)

Staff

(1)

In general

The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(2)

Compensation

The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(d)

Detail of government employees

Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(e)

Procurement of temporary and intermittent services

The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

366.

Termination of the Commission

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

367.

Funding

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

H

Other Matters

371.

Military working dog matters

(a)

Retirement of military working dogs

Section 2583 of title 10, United States Code, is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) the following new subsection (f):

(f)

Transfer of retired military working dogs

If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog—

(1)

to the 341st Training Squadron; or

(2)

to another location for adoption under this section.

.

(b)

Veterinary care for retired military working dogs

(1)

In general

Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:

994.

Military working dogs: veterinary care for retired military working dogs

(a)

In general

The Secretary of Defense may establish and maintain a system to provide for the veterinary care of retired military working dogs. No funds may be provided by the Federal Government for this purpose.

(b)

Eligible dogs

A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title.

(c)

Standards of care

The veterinary care provided under the system authorized by this section shall meet such standards as the Secretary shall establish and from time to time update.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 50 of such title is amended by adding at the end the following new item:

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

.

372.

Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments

(a)

Comptroller General review

The Comptroller General of the United States shall conduct a review of the policies and procedures of the Department of Defense for the handling, labeling, and packaging of hazardous material shipments.

(b)

Matters included

The review conducted under subsection (a) shall address the following:

(1)

The relevant statutes, regulations, and guidance and policies of the Department of Defense pertaining to the handling, labeling, and packaging procedures of hazardous material shipments to support military operations.

(2)

The extent to which such guidance, policies, and procedures contribute to the safe, timely, and cost-effective handling of such material.

(3)

The extent to which discrepancies in Department of Transportation guidance, policies, and procedures pertaining to handling, labeling, and packaging of hazardous material shipments in commerce and similar Department of Defense guidance, policies, and procedures pertaining to the handling, labeling, and packaging of hazardous material shipments impact the safe, timely, and cost-effective handling of such material.

(4)

Any additional matters that the Comptroller General determines will further inform the appropriate congressional committees on issues related to the handling, labeling, and packaging procedures for hazardous material shipments to members of the Armed Forces worldwide.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report of the review conducted under subsection (a).

(d)

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.

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Sec. 403. Annual limitation on end strength reductions for regular component of the Army and Marine Corps.

Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard Program.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2013, as follows:

(1)

The Army, 552,100.

(2)

The Navy, 322,700.

(3)

The Marine Corps, 197,300.

(4)

The Air Force, 329,460.

402.

Revision in permanent active duty end strength minimum levels

(a)

Minimum end strength

Subsection (b) of section 691 of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 542,700.

(2)

For the Navy, 322,700.

(3)

For the Marine Corps, 193,500.

(4)

For the Air Force, 329,460.

.

(b)

Limited reduction authority

Such section is further amended by inserting after subsection (d) the following new subsection:

(e)

The Secretary of Defense may reduce a number specified in subsection (b) by not more than 0.5 percent.

.

403.

Annual limitation on end strength reductions for regular component of the Army and Marine Corps

(a)

Annual limitation on Army end strength reductions

The end strength of the regular component of the Army shall not be reduced by more than 15,000 members during each of fiscal years 2014 through 2017 from the end strength of the regular component of the Army at the end of the preceding fiscal year.

(b)

Annual limitation on Marine Corps end strength reductions

The end strength of the regular component of the Marine Corps shall not be reduced by more than 5,000 members during each of fiscal years 2014 through 2017 from the end strength of the regular component of the Marine Corps at the end of the preceding fiscal year.

404.

Additional Marine Corps personnel for the Marine Corps Security Guard Program

(a)

Additional personnel

(1)

In general

The Secretary of Defense shall develop and implement a plan to increase the number of members of the Marine Corps assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, and Marine Security Group Regional Commands and Marine Security Group detachments at United States embassies, consulates, and other diplomatic facilities by up to 1,000 Marines.

(2)

Purpose

The purpose of the increase under paragraph (1) is to provide the additional end strength and the resources necessary to support enhanced Marine Corps security at United States embassies, consulates, and other diplomatic facilities, particularly at locations identified by the Secretary of State as in need of additional security because of threats to United States personnel and property.

(b)

Consultation

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

(c)

Supporting information for budget requests

The material submitted in support of the budget of the President for each fiscal year after fiscal year 2013, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall include the following with regard to the Marine Corps Security Guard Program:

(1)

A description of the expanded security support to be provided by Marine Corps Security Guards to the Department of State during that fiscal year, including—

(A)

any increased internal security to be provided at United States embassies, consulates, and other diplomatic facilities;

(B)

any increased support for emergency action planning, training, and advising of host nation security forces; and

(C)

any expansion of intelligence collection activities.

(2)

A description of the current status of Marine Corps personnel assigned to the Marine Corps Security Guard Program as a result of the plan required by subsection (a).

(3)

A description of the Department of Defense resources required during that fiscal year for the Marine Corps Security Guard Program, including total funding for personnel, operation and maintenance, and procurement, and for key supporting programs to enable both the current and expanded Program mission during that fiscal year.

(d)

Preservation of funding for Marine Corps under national military strategy

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

(e)

Reporting requirements

(1)

Mission assessment

Not later than October 1, 2013, the Secretary of Defense shall—

(A)

conduct an assessment of the mission of the Marine Corps Security Guard Program and the procedural rules of engagement under the Program, in light of current and emerging threats to United States diplomatic personnel; and

(B)

submit to Congress a report on the assessment, including a description and assessment of options to improve the Program to respond to such threats.

(2)

Notification of changes in scope of Program in response to changing threats

If the President determines that a modification (whether an increase or a decrease) in the scope of the Marine Corps Security Guard Program is necessary or advisable in light of any change in the nature of threats to United States embassies, consulates, and other diplomatic facilities abroad, the President shall—

(A)

notify Congress of such modification and the change in the nature of threats prompting such modification; and

(B)

take such modification into account in requesting an end strength and funds for the Program for any fiscal year in which such modification is in effect.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2013, as follows:

(1)

The Army National Guard of the United States, 358,200.

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 62,500.

(4)

The Marine Corps Reserve, 39,600.

(5)

The Air National Guard of the United States, 105,700.

(6)

The Air Force Reserve, 70,880.

(7)

The Coast Guard Reserve, 9,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2013, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 16,277.

(3)

The Navy Reserve, 10,114.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,765.

(6)

The Air Force Reserve, 2,888.

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, 22,180.

(4)

For the Air Force Reserve, 10,400.

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.

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.

C

Authorization of Appropriations

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.

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

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

Sec. 502. Reinstatement of authority for enhanced selective early retirement boards and early discharges.

Sec. 503. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education.

Sec. 504. Exception to required retirement after 30 years of service for Regular Navy warrant officers in the grade of Chief Warrant Officer, W–5.

Sec. 505. Extension of temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer.

Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for lieutenant colonels and colonels in the Army, Air Force, and Marine Corps and commanders and captains in the Navy.

Sec. 507. Modification to limitations on number of officers for whom service-in-grade requirements may be reduced for retirement in grade upon voluntary retirement.

Sec. 508. Air Force Chief of Chaplains.

Subtitle B—Reserve Component Management

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

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

Sec. 513. Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days.

Subtitle C—General Service Authorities

Sec. 518. Authority for additional behavioral health professionals to conduct pre-separation medical exams for post-traumatic stress disorder.

Sec. 519. Diversity in the Armed Forces and related reporting requirements.

Sec. 520. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.

Sec. 521. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces.

Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense.

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers.

Sec. 525. Reports on involuntary separation of members of the Armed Forces.

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

Sec. 527. Report on education and training and promotion rates for pilots of remotely piloted aircraft.

Sec. 528. Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements.

Subtitle D—Military Justice and Legal Matters

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

Sec. 532. Additional information in reports on annual surveys of the Committee on the Uniform Code of Military Justice.

Sec. 533. Protection of rights of conscience of members of the Armed Forces and chaplains of such members.

Sec. 534. Reports on hazing in the Armed Forces.

Subtitle E—Member Education and Training Opportunities and Administration

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

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

Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian credentialing for military occupational specialty skills.

Sec. 544. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training.

Sec. 545. Department of Defense review of access to military installations by representatives of institutions of higher education.

Sec. 546. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces.

Sec. 547. Comptroller General of the United States reports on joint professional military education matters.

Subtitle F—Reserve Officers’ Training Corps and Related Matters

Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers' Training Corps program.

Sec. 552. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps.

Sec. 553. Modification of requirements on plan to increase the number of units of the Junior Reserve Officers' Training Corps.

Sec. 554. Comptroller General report on Reserve Officers' Training Corps programs.

Subtitle G—Defense Dependents’ Education and Military Family Readiness

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

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Amendments to the Impact Aid program.

Sec. 564. Transitional compensation for dependent children who are carried during pregnancy at time of dependent-abuse offense committed by an individual while a member of the Armed Forces.

Sec. 565. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students.

Sec. 566. Noncompetitive appointment authority regarding certain military spouses.

Sec. 567. Report on future of family support programs of the Department of Defense.

Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys.

Sec. 571. Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty.

Sec. 572. Additional elements in comprehensive Department of Defense policy on sexual assault prevention and response.

Sec. 573. Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses.

Sec. 574. Enhancement to training and education for sexual assault prevention and response.

Sec. 575. Modification of annual Department of Defense reporting requirements regarding sexual assaults.

Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.

Sec. 577. Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the report.

Sec. 578. General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault.

Sec. 579. Department of Defense policy and plan for prevention and response to sexual harassment in the Armed Forces.

Subtitle I—Suicide Prevention and Resilience

Sec. 580. Enhancement of oversight and management of Department of Defense suicide prevention and resilience programs.

Sec. 581. Reserve component suicide prevention and resilience program.

Sec. 582. Comprehensive policy on prevention of suicide among members of the Armed Forces.

Sec. 583. Study of resilience programs for members of the Army.

Subtitle J—Other Matters

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

Sec. 585. Technical amendments relating to the termination of the Armed Forces Institute of Pathology under defense base closure and realignment.

Sec. 586. Modification of requirement for reports in Federal Register on institutions of higher education ineligible for contracts and grants for denial of ROTC or military recruiter access to campus.

Sec. 587. Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons.

Sec. 588. Display of State, District of Columbia, commonwealth, and territorial flags by the Armed Forces.

Sec. 589. Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions and programs.

Sec. 590. Extension of authorities to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions.

Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of Defense.

Sec. 592. Report on results of investigations and reviews conducted with respect to Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base.

Sec. 593. Preservation of editorial independence of Stars and Stripes.

Sec. 594. National public awareness and participation campaign for Veterans' History Project of American Folklife Center.

Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System.

Sec. 596. Sense of Congress that the bugle call commonly known as Taps should be designated as the National Song of Military Remembrance.

A

Officer Personnel Policy Generally

501.

Limitation on number of Navy flag officers on active duty

(a)

Additional flag officer authorized

Section 526(a)(2) of title 10, United States Code, is amended by striking 160 and inserting 162.

(b)

Corresponding change in computing number of flag officers in staff corps of the navy

Section 5150(c) of such title is amended by striking the last sentence.

(c)

Modification of effective date of certain reforms of the strength and distribution limitations applicable to Marine Corps general officers

Paragraph (3) of section 502(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1387; 10 U.S.C. 525 note) is amended to read as follows:

(3)

Effective dates

(A)

In general

Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on October 1, 2013.

(B)

Marine Corps officers

The amendments made by paragraphs (1)(A)(iv) and (2)(D) shall take effect on October 1, 2012.

.

502.

Reinstatement of authority for enhanced selective early retirement boards and early discharges

Section 638a of title 10 United States Code, is amended—

(1)

in subsection (a)—

(A)

by inserting (1) after (a);

(B)

by striking , during the period beginning on October 1, 1990, and all that follows through December 31, 2012,; and

(C)

by adding at the end the following new paragraph:

(2)

Any authority provided to the Secretary of a military department under paragraph (1) shall expire on the date specified by the Secretary of Defense, but such expiration date may not be later than December 31, 2018.

;

(2)

in subsection (b), by striking paragraph (3) and redesignating paragraph (4) as paragraph (3);

(3)

in subsection (c), by adding at the end the following new paragraph:

(4)

In the case of an action under subsection (b)(2), the Secretary of Defense may also authorize the Secretary of the military department concerned to waive the five-year period specified in section 638(c) of this title if the Secretary of Defense determines that it is necessary for the Secretary of that military department to have such authority in order to meet mission needs.

; and

(4)

in subsection (d)—

(A)

by striking subsection (b)(4) each place it appears and inserting subsection (b)(3); and

(B)

in paragraph (2), by striking except that during the period beginning on October 1, 2006, and ending on December 31, 2012, in subparagraphs (A) and (B) and inserting except that through December 31, 2018,.

503.

Modification of definition of joint duty assignment to include all instructor assignments for joint training and education

Section 668(b)(1)(B) of title 10, United States Code, is amended by striking assignments for joint and all that follows through Phase II and inserting student assignments for joint training and education.

504.

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

Section 1305(a) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking A regular warrant officer (other than a regular Army warrant officer) and inserting Subject to paragraphs (2) and (3), a regular warrant officer; and

(B)

by striking he and inserting the officer; and

(2)

by adding at the end the following new paragraph:

(3)

In the case of a regular Navy warrant officer in the grade of chief warrant officer, W–5, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.

.

505.

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

(a)

Army

Section 3911(b)(2) of title 10, United States Code, is amended by striking September 30, 2013 and inserting September 30, 2018.

(b)

Navy and marine corps

Section 6323(a)(2)(B) of such title is amended by striking September 30, 2013 and inserting September 30, 2018.

(c)

Air force

Section 8911(b)(2) of such title is amended by striking September 30, 2013 and inserting September 30, 2018.

506.

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

Section 1370(a)(2)(F) of title 10, United States Code, is amended—

(1)

by striking the period ending on December 31, 2007 and inserting fiscal years 2013 through 2018;

(2)

by striking Air Force and inserting Army, Air Force, and Marine Corps; and

(3)

by striking in the period.

507.

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

Section 1370(a)(2) of title 10, United States Code, is amended—

(1)

in subparagraph (E)—

(A)

by inserting (i) after exceed; and

(B)

by inserting before the period at the end the following: or (ii) in the case of officers of that armed force in a grade specified in subparagraph (G), two officers, whichever number is greater; and

(2)

by adding at the end the following new subparagraph:

(G)

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

.

508.

Air Force Chief of Chaplains

(a)

Establishment of positions; appointment

Chapter 805 of title 10, United States Code, is amended by adding at the end the following new section:

8039.

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)

Selection board

Under regulations approved by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President for appointment as the Chief of Chaplains, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selection boards convened under chapter 36 of this title.

(c)

Grade

An officer appointed as Chief of Chaplains who holds a lower regular grade may be appointed in the regular grade of major general.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

8039. Chief of Chaplains: appointment; duties.

.

B

Reserve Component Management

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:

155a.

Assistants to the Chairman of the Joint Chiefs of Staff for National Guard matters and Reserve matters

(a)

Establishment of Positions

The Secretary of Defense shall establish the following positions within the Joint Staff:

(1)

Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters.

(2)

Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters.

(b)

Selection

(1)

The Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters shall be selected by the Chairman from officers of the Army National Guard of the United States or the Air Guard of the United States who—

(A)

are recommended for such selection by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;

(B)

have had at least 10 years of federally recognized commissioned service in the National Guard and significant joint duty experience, as determined by the Chairman; and

(C)

are in a grade above the grade of colonel.

(2)

The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters shall be selected by the Chairman from officers of the Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air Force Reserve who—

(A)

are recommended for such selection by the Secretary of the military department concerned;

(B)

have had at least 10 years of commissioned service in their reserve component and significant joint duty experience, as determined by the Chairman; and

(C)

are in a grade above the grade of colonel or, in the case of the Navy Reserve, captain.

(c)

Term of Office

Each Assistant to the Chairman of the Joint Chiefs of Staff under subsection (a) serves at the pleasure of the Chairman for a term of two years and may be continued in that assignment in the same manner for one additional term. However, in time of war there is no limit on the number of terms.

(d)

Grade

Each Assistant to the Chairman of the Joint Chiefs of Staff under subsection (a), while so serving, holds the grade of major general or, in the case of the Navy Reserve, rear admiral. Each such officer shall be considered to be serving in a position covered by the limited exclusion from the authorized strength of general officers and flag officers on active duty provided by section 526(b) of this title.

(e)

Duties

(1)

The Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters is an adviser to the Chairman on matters relating to the National Guard and performs the duties prescribed for that position by the Chairman.

(2)

The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters is an adviser to the Chairman on matters relating to the reserves and performs the duties prescribed for that position by the Chairman.

(f)

Other Reserve Component Representation on Joint Staff

The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop appropriate policy guidance to ensure that, to the maximum extent practicable, the level of representation of reserve component officers on the Joint Staff is commensurate with the significant role of the reserve components within the armed forces.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item related to section 155 the following new item:

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

.

(c)

Repeal of superseded law

Section 901 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 155 note) is repealed.

512.

Automatic Federal recognition of promotion of certain National Guard warrant officers

Section 310(a) of title 32, United States Code, is amended—

(1)

by inserting (1) before Notwithstanding; and

(2)

by adding at the end the following new paragraph:

(2)

Notwithstanding sections 307 and 309 of this title, if a warrant officer, W–1, of the National Guard is promoted to the grade of chief warrant officer, W–2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W–2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under section 12242 of title 10, if the warrant officer has remained in an active status since the warrant officer was so recommended.

.

513.

Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days

(a)

Transition Assistance Advisor Program authorized

The Chief of the National Guard Bureau may establish a program to provide professionals (to be known as Transition Assistance Advisors) in each State to serve as points of contact to assist eligible members of the reserve components in accessing benefits and health care furnished under laws administered by the Secretary of Defense and benefits and health care furnished under laws administered by the Secretary of Veterans Affairs.

(b)

Eligible members

To be eligible for assistance under this section, a member of a reserve component must have served on active duty in the Armed Forces for a period of more than 180 consecutive days.

(c)

Duties

The duties of a Transition Assistance Advisor include the following:

(1)

To assist with the creation and execution of an individual transition plan for an eligible member of a reserve component and dependents of the member for the reintegration of the member into civilian life.

(2)

To provide employment support services to the member and dependents of the member, including assistance with finding employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government.

(3)

To provide information on relocation, health care, mental health care, and financial support services available to the member and dependents of the member from the Department of Defense, the Department of Veterans Affairs, and other Federal, State, and local agencies.

(4)

To provide information on educational support services available to the member, including Post-9/11 Educational Assistance under chapter 33 of title 38, United States Code.

(d)

Transition plans

The individual transition plan referred to in subsection (c)(1) created for an eligible member of a reserve component shall include at a minimum the following:

(1)

A plan for the transition of the member to civilian life, including with respect to employment, education, and health care.

(2)

A description of the transition services that the member and dependents of the member will need to achieve their transition objectives, including information on any forms that the member will need to fill out to be eligible for such services.

(3)

A point of contact for each agency or entity that can provide the transition services described in paragraph (2).

(4)

Such other information determined to be essential for the transition of the member, as determined by the Chief of the National Guard Bureau in consultation with the Secretary of Defense and the Secretary of Veterans Affairs.

(e)

Funding

Funding for Transition Assistance Advisors for a fiscal year shall be derived from amounts authorized to be appropriated for operation and maintenance for the National Guard for that fiscal year.

(f)

State defined

In this section, the term State means each of the several States of the United States, the District of Columbia, and any territory of the United States.

C

General Service Authorities

518.

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

Section 1177(a) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking or psychiatrist and inserting psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse; and

(2)

in paragraph (3), by striking or psychiatrist and inserting , psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse.

519.

Diversity in the Armed Forces and related reporting requirements

(a)

Plan to achieve military leadership reflecting diversity of United States population

(1)

In general

Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:

656.

Diversity in military leadership: plan

(a)

Plan

The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) shall develop and implement a plan to accurately measure the efforts of the Department of Defense and the Coast Guard to achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, and ethnic populations. Any metric established pursuant to this subsection may not be used in a manner that undermines the merit-based processes of the Department of Defense and the Coast Guard, including such processes for accession, retention, and promotion. Such metrics may not be combined with the identification of specific quotas based upon diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills among the total force of the armed forces.

(b)

Metrics to measure progress in developing and implementing plan

In developing and implementing the plan under subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall develop a standard set of metrics and collection procedures that are uniform across the armed forces. The metrics required by this subsection shall be designed—

(1)

to accurately capture the inclusion and capability aspects of the armed forces’ broader diversity plans, including race, ethnic, and gender specific groups, as potential factors of force readiness that would supplement continued accounting by the Department of Defense and the Coast Guard of diversified language and cultural skills among the total force as part of the assessment of current and future national security needs; and

(2)

to be verifiable and systematically linked to strategic plans that will drive improvements.

(c)

Definition of diversity

In developing and implementing the plan under subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall develop a uniform definition of diversity.

(d)

Consultation

Not less than annually, the Secretary of Defense and the Secretary of Homeland Security shall meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the armed forces to discuss the progress being made toward developing and implementing the plan established under subsection (a).

(e)

Cooperation with states

The Secretary of Defense shall coordinate with the National Guard Bureau and States in tracking the progress of the National Guard toward developing and implementing the plan established under subsection (a).

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

656. Diversity in military leadership: plan.

.

(b)

Inclusion in DOD manpower requirements report

Section 115a of such title is amended by inserting after subsection (f) the following new subsection:

(g)

In each report submitted under subsection (a) during fiscal years 2013 through 2017, the Secretary shall also include a detailed discussion of the following:

(1)

The progress made in implementing the plan required by section 656 of this title to accurately measure the efforts of the Department to reflect the diverse population of the United States eligible to serve in the armed forces.

(2)

The number of members of the armed forces, including reserve components, listed by gender and race or ethnicity for each rank under each military department.

(3)

The number of members of the armed forces, including reserve components, who were promoted during the year covered by the report, listed by gender and race or ethnicity for each rank under each military department.

(4)

The number of members of the armed forces, including reserve components, who reenlisted or otherwise extended the commitment to military service during the year covered by the report, listed by gender and race or ethnicity for each rank under each military department.

(5)

The available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral.

.

(c)

Coast guard report

(1)

Annual report required

The Secretary of Homeland Security (or the Secretary of the Navy in the event the Coast Guard is operating as a service in the Department of the Navy) shall prepare an annual report addressing diversity among commissioned officers of the Coast Guard and Coast Guard Reserve and among enlisted personnel of the Coast Guard and Coast Guard Reserve. The report shall include—

(A)

an assessment of the available pool of qualified candidates for the flag officer grades of admiral and vice admiral;

(B)

the number of such officers and personnel, listed by gender and race or ethnicity for each rank;

(C)

the number of such officers and personnel who were promoted during the year covered by the report, listed by gender and race or ethnicity for each rank; and

(D)

the number of such officers and personnel who reenlisted or otherwise extended the commitment to the Coast Guard during the year covered by the report, listed by gender and race or ethnicity for each rank.

(2)

Submission

The report under paragraph (1) shall be submitted during each of fiscal years 2013 through 2017 not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code. Each report shall be submitted to the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Homeland Security of the House of Representatives, and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

520.

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

Section 1559(a) of title 10, United States Code, is amended by striking December 31, 2013 and inserting December 31, 2016.

521.

Extension of temporary increase in accumulated leave carryover for members of the Armed Forces

Section 701(d) of title 10, United States Code, is amended by striking September 30, 2013 and inserting September 30, 2015.

522.

Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces

(a)

Extension of programs to certain active Guard and Reserve personnel

Section 533 of Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is amended—

(1)

in subsection (a)(1), by inserting and members on active Guard and Reserve duty after officers and enlisted members of the regular components;

(2)

by redesignating subsection (l) as subsection (m); and

(3)

by inserting after subsection (k) the following new subsection (l):

(l)

Definition

In this section, the term active Guard and Reserve duty has the meaning given that term in section 101(d)(6) of title 10, United States Code.

.

(b)

Authority To carry forward unused accrued leave

Subsection (h) of such section is amended by adding at the end the following new paragraph:

(5)

Leave

A member who participates in a pilot program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, United States Code, but not to exceed 60 days.

.

(c)

Authority for disability processing

Subsection (j) of such section is amended—

(1)

in the subsection heading, by striking Medical and Dental Care and inserting Continued Entitlements;

(2)

by striking for purposes of the entitlement and inserting “for purposes of—

(1)

the entitlement

;

(3)

by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following new paragraph:

(2)

retirement or separation for physical disability under the provisions of chapters 55 and 61 of title 10, United States Code.

.

523.

Prohibition on waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense

An individual may not be provided a waiver for commissioning or enlistment in the Armed Forces if the individual has been convicted under Federal or State law of a felony offense of any of the following:

(1)

Rape.

(2)

Sexual abuse.

(3)

Sexual assault.

(4)

Incest.

(5)

Any other sexual offense.

524.

Quality review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers

(a)

In general

The Secretary of Defense shall standardize, assess, and monitor the quality assurance programs of the military departments to evaluate the following in the performance of their duties (including duties under chapter 61 of title 10, United States Code):

(1)

Medical Evaluation Boards.

(2)

Physical Evaluation Boards.

(3)

Physical Evaluation Board Liaison Officers.

(b)

Objectives

The objectives of the quality assurance program shall be as follows:

(1)

To ensure accuracy and consistency in the determinations and decisions of Medical Evaluation Boards and Physical Evaluation Boards.

(2)

To otherwise monitor and sustain proper performance of the duties of Medical Evaluation Boards and Physical Evaluation Boards, and of Physical Evaluation Board Liaison Officers.

(3)

Such other objectives as the Secretary shall specify for purposes of the quality assurance program.

(c)

Reports

(1)

Report on implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the plan of the Secretary for the implementation of the requirements of this section.

(2)

Annual reports

Not later than one year after the date of the submittal of the report required by paragraph (1), and annually thereafter for the next four years, the Secretary shall submit to the appropriate committees of Congress a report setting forth an assessment of the implementation of the requirements of this section during the one-year period ending on the date of the report under this paragraph. Each report shall include, in particular, an assessment of the extent to which the quality assurance program under the requirements of this section meets the objectives specified in subsection (b).

(3)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

(A)

the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and

(B)

the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

525.

Reports on involuntary separation of members of the Armed Forces

(a)

Periodic reports required

Not later than 30 days after the end of each half-year period during calendar years 2013 and 2014, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the number of members of the regular components of the Armed Forces under the jurisdiction of such Secretary who were involuntarily separated from active duty in the Armed Forces (for reasons other than for cause) to meet force reduction requirements during the six-month period covered by the report.

(b)

Elements

Each report on an Armed Force under subsection (a) shall set forth the following for the period covered by the report:

(1)

The total number members of that Armed Force involuntarily separated from active duty in the Armed Forces (for reasons other than for cause) to meet force reduction requirements.

(2)

The number of members covered by paragraph (1) separately set forth by grade, by total years of service in the Armed Forces at the time of separation, and by military occupational specialty or rating (or competitive category in the case of officers).

(3)

The number of members covered by paragraph (1) who received involuntary separation pay, or who are authorized to receive temporary retired pay, in connection with the separation.

(4)

The number of members covered by paragraph (1) who completed transition assistance programs relating to future employment.

(5)

The average number of months members covered by paragraph (1) were deployed to overseas contingency operations, separately set forth by grade.

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.

527.

Report on education and training and promotion rates for pilots of remotely piloted aircraft

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force and the Chief of Staff of the Air Force shall jointly submit to the congressional defense committees a report on education and training and promotion rates for Air Force pilots of remotely piloted aircraft (RPA).

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A detailed analysis of the reasons for persistently lower average education and training and promotion rates for Air Force pilots of remotely piloted aircraft.

(2)

An assessment of the long-term impact on the Air Force of the sustainment of such lower rates.

(3)

A plan to raise such rates, including—

(A)

a description of the near-term and longer-term actions the Air Force intends to undertake to implement the plan; and

(B)

an analysis of the potential direct and indirect impacts of the plan on the achievement and sustainment of the combat air patrol objectives of the Air Force for remotely piloted aircraft.

528.

Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements

(a)

Annual impact statement

In the materials submitted to Congress in support of the budget for the Department of Defense for each of fiscal years 2014 through 2018, the Secretary of each military department shall include a statement concerning the extent to which the number of members of an Armed Force under the jurisdiction of the Secretary who are within the Integrated Disability Evaluation System impacts—

(1)

the readiness of that Armed Force to meet on-going mission requirements; and

(2)

dwell time for other members of that Armed Force.

(b)

Response plan

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

D

Military Justice and Legal Matters

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 new sentence: If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a grade lower than the grade of major general immediately before the appointment, the officer shall be appointed in the grade of major general..

(b)

Duties, authority, and accountability

Such section is further amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

The Staff Judge Advocate to the Commandant of the Marine Corps, under the direction of the Commandant of the Marine Corps and the Secretary of the Navy, shall—

(1)

perform such duties relating to legal matters arising in the Marine Corps as may be assigned to the Staff Judge Advocate;

(2)

perform the functions and duties, and exercise the powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapter 47 (the Uniform Code of Military Justice) and chapter 53 of this title; and

(3)

perform such other duties as may be assigned to the Staff Judge Advocate.

.

(c)

Composition of headquarters, marine corps

Section 5041(b) of such title is amended—

(1)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(2)

by inserting after paragraph (3) the following new paragraph (4):

(4)

The Staff Judge Advocate to the Commandant of the Marine Corps.

.

(d)

Supervision of certain legal services

(1)

Administration of military justice

Section 806(a) of such title (article 6(a) of the Uniform Code of Military Justice) is amended in the third sentence by striking The Judge Advocate General and all that follows through shall and inserting The Judge Advocates General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs, shall.

(2)

Delivery of legal assistance

Section 1044(b) of such title is amended by inserting , and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, after jurisdiction of the Secretary.

532.

Additional information in reports on annual surveys of the Committee on the Uniform Code of Military Justice

Subsection (c)(2) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended—

(1)

by redesignating subparagraph (B) as subparagraph (C); and

(2)

by inserting after subparagraph (A) the following new subparagraph (B):

(B)

Information from the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the following:

(i)

The appellate review process, including—

(I)

information on compliance with processing time goals;

(II)

discussions of the circumstances surrounding cases in which general court-martial or special court-martial convictions are reversed as a result of command influence or denial of the right to a speedy review or otherwise remitted due to loss of records of trial or other administrative deficiencies; and

(III)

discussions of cases in which a provision of this chapter is held unconstitutional.

(ii)

Measures implemented by each armed force to ensure the ability of judge advocates to competently participate as trial and defense counsel in, and preside as military judges over, capital cases, national security cases, sexual assault cases, and proceedings of military commissions.

(iii)

The independent views of the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the sufficiency of resources available within their respective armed forces, including total workforce, funding, training, and officer and enlisted grade structure, to capably perform military justice functions.

.

533.

Protection of rights of conscience of members of the Armed Forces and chaplains of such members

(a)

Protection of rights of conscience

(1)

Accommodation

The Armed Forces shall accommodate the beliefs of a member of the armed forces reflecting the conscience, moral principles, or religious beliefs of the member and, in so far as practicable, may not use such beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.

(2)

Disciplinary or administrative action

Nothing in paragraph (1) precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), including actions and speech that threaten good order and discipline.

(b)

Protection of chaplain decisions relating to conscience, moral principles, or religious beliefs

No member of the Armed Forces may—

(1)

require a chaplain to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain; or

(2)

discriminate or take any adverse personnel action against a chaplain, including denial of promotion, schooling, training, or assignment, on the basis of the refusal by the chaplain to comply with a requirement prohibited by paragraph (1).

(c)

Regulations

The Secretary of Defense shall issue regulations implementing the protections afforded by this section.

534.

Reports on hazing in the Armed Forces

(a)

Reports required

Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department (and the Secretary of Homeland Security in the case of the Coast Guard) shall submit to the congressional committees specified in subsection (c) a report on hazing in each Armed Force under the jurisdiction of the Secretary.

(b)

Elements

The report on an Armed Force required by subsection (a) shall include the following:

(1)

An evaluation of the definition of hazing contained in the Secretary of Defense Policy Memorandum dated August 28, 1997.

(2)

A discussion of the policies of the Armed Force for preventing and responding to incidents of hazing.

(3)

A description of the methods implemented to track and report, including report anonymously, incidents of hazing in the Armed Force.

(4)

An assessment by the Secretary submitting the report of the following:

(A)

The scope of the problem of hazing in the Armed Force.

(B)

The training on recognizing and preventing hazing provided members of the Armed Force.

(C)

The actions taken to prevent and respond to hazing incidents in the Armed Force.

(D)

The extent to which the Uniform Code of Military Justice specifically addresses the prosecution of persons subject to the Code who are alleged to have committed hazing.

(E)

The feasibility of establishing a database to track, respond to, and resolve incidents of hazing.

(5)

A description of the additional actions, if any, the Secretary submitting the report proposes to take to further address the incidence of hazing in the Armed Force.

(6)

Any recommended changes to the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing in the Armed Forces.

(c)

Submission of reports

The reports required by subsection (a) shall be submitted—

(1)

to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

E

Member Education and Training Opportunities and Administration

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)

Memorandum of agreement

In connection with the transfer of responsibility and authority for operation and administration of the Troops-to-Teachers Program from the Secretary of Education to the Secretary of Defense under paragraph (1), the Secretaries shall enter into a memorandum of agreement pursuant to which the Secretary of Education will undertake the following:

(A)

Disseminate information about the Troops-to-Teachers Program to eligible schools (as defined in subsection (a) of section 1154 of title 10, United States Code, as added by subsection (b)).

(B)

Advise the Department of Defense on how to prepare eligible members of the Armed Forces described in subsection (d) of such section 1154 to become participants in the Program, to meet the requirements necessary to become a teacher in a school described in subsection (b)(2) of such section 1154, and to find post-service employment in an eligible school.

(C)

Advise the Department of Defense on how to identify teacher preparation programs for participants in the Program.

(D)

Inform the Department of Defense of academic subject areas with critical teacher shortages.

(E)

Identify geographic areas with critical teacher shortages, especially in high-need schools (as defined in subsection (a) of such section 1154).

(3)

Effective date

The transfer of responsibility and authority for operation and administration of the Troops-to-Teachers Program under paragraph (1) shall take effect—

(A)

on the first day of the first month beginning more than 90 days after the date of the enactment of this Act; or

(B)

on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.

(b)

Enactment of program authority in title 10, united states code

(1)

In general

Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

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 (20 U.S.C.1411 et seq.); or

(B)

a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 (25 U.S.C. 2021(3)).

(3)

High-need school

The term high-need school means—

(A)

an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the number of children eligible to receive medical assistance under the Medicaid program, or a composite of these indicators;

(B)

a high school in which at least 40 percent of enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools; or

(C)

a school that is in a local educational agency that is eligible under section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)).

(4)

Member of the armed forces

The term member of the armed forces includes a retired or former member of the armed forces.

(5)

Participant

The term participant means an eligible member of the armed forces selected to participate in the Program.

(6)

Program

The term Program means the Troops-to-Teachers Program authorized by this section.

(7)

Secretary

The term Secretary means the Secretary of Defense.

(8)

Additional terms

The terms elementary school, local educational agency, secondary school, and State have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(b)

Program authorization

The Secretary of Defense may carry out a Troops-to-Teachers Program—

(1)

to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and

(2)

to facilitate the employment of such members—

(A)

by local educational agencies or charter schools that the Secretary of Education identifies as—

(i)

receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or

(ii)

experiencing a shortage of teachers, in particular a shortage of science, mathematics, special education, foreign language, or career or technical teachers; and

(B)

in elementary schools or secondary schools, or as career or technical teachers.

(c)

Counseling and referral services

The Secretary may provide counseling and referral services to members of the armed forces who do not meet the eligibility criteria described in subsection (d), including the education qualification requirements under paragraph (3)(B) of such subsection.

(d)

Eligibility and application process

(1)

Eligible members

The following members of the armed forces are eligible for selection to participate in the Program:

(A)

Any member who—

(i)

on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;

(ii)

has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or

(iii)

has been transferred to the Retired Reserve.

(B)

Any member who, on or after January 8, 2002—

(i)
(I)

is separated or released from active duty after four or more years of continuous active duty immediately before the separation or release; or

(II)

has completed a total of at least six years of active duty service, six years of service computed under section 12732 of this title, or six years of any combination of such service; and

(ii)

executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).

(C)

Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.

(2)

Submission of applications

(A)

Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.

(B)

In the case of an eligible member of the armed forces described in subparagraph (A)(i), (B), or (C) of paragraph (1), an application shall be considered to be submitted on a timely basis if the application is submitted not later than three years after the date on which the member is retired, separated, or released from active duty, whichever applies to the member.

(3)

Selection criteria; educational background requirements; honorable service requirement

(A)

The Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.

(B)

If a member of the armed forces is applying for the Program to receive assistance for placement as an elementary school or secondary school teacher, the Secretary shall require 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 meet the requirements necessary to become a teacher in a school described in subsection (b)(2); and

(ii)

to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school to begin the school year after obtaining that certification or licensing.

(B)

The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.

(2)

Violation of participation agreement; exceptions

A participant shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant—

(A)

is pursuing a full-time course of study related to the field of teaching at an institution of higher education;

(B)

is serving on active duty as a member of the armed forces;

(C)

is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;

(D)

is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;

(E)

is unable to find full-time employment as a teacher in an eligible elementary school or secondary school or as a career or technical teacher for a single period not to exceed 27 months; or

(F)

satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.

(3)

Stipend and bonus for participants

(A)

Subject to subparagraph (C), the Secretary may pay to a participant a stipend to cover expenses incurred by the participant to obtain the required educational level, certification, or licensing. Such stipend may not exceed $5,000 and may vary by participant.

(B)
(i)

Subject to subparagraph (C), the Secretary may pay a bonus to a participant who agrees in the participation agreement under paragraph (1) to accept full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school.

(ii)

The amount of the bonus may not exceed $5,000, unless the eligible school is a high-need school, in which case the amount of the bonus may not exceed $10,000. Within such limits, the bonus may vary by participant and may take into account the priority placements as determined by the Secretary.

(C)
(i)

The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.

(ii)

The total number of bonuses that may be paid under subparagraph (B) in any fiscal year may not exceed 3,000.

(iii)

A participant may not receive a stipend under subparagraph (A) if the participant is eligible for benefits under chapter 33 of title 38.

(iv)

The combination of a stipend under subparagraph (A) and a bonus under subparagraph (B) for any one participant may not exceed $10,000.

(4)

Treatment of stipend and bonus

A stipend or bonus paid under this subsection to a participant shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(f)

Reimbursement under certain circumstances

(1)

Reimbursement required

A participant who is paid a stipend or bonus under this subsection shall be subject to the repayment provisions of section 373 of title 37 under the following circumstances:

(A)

The participant fails to meet the requirements necessary to become a teacher in a school described in subsection (b)(2) or to obtain employment as an elementary school teacher, secondary school teacher, or career or technical teacher as required by the participation agreement under subsection (e)(1).

(B)

The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or career or technical teacher during the three years of required service in violation of the participation agreement.

(C)

The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.

(2)

Amount of reimbursement

A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service.

(3)

Interest

Any amount owed by a participant under this subsection shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.

(4)

Exceptions to reimbursement requirement

A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The 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

Section 1142(b)(4)(C) of such title is amended by striking under section 2302 and all that follows through 6672).

(d)

Termination of Department of Education Troops-to-Teachers program

(1)

Termination

Subject to paragraph (3), chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed.

(2)

Clerical amendment

The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by striking the items relating to chapter A of subpart 1 of part C of title II of such Act.

(3)

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).

542.

Support of Naval Academy athletic and physical fitness programs

(a)

In general

Chapter 603 of title 10, United States Code, is amended by adding at the end the following new section:

6981.

Support of athletic and physical fitness programs

(a)

Authority

(1)

Contracts and cooperative agreements

The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy.

(2)

Leases

The Secretary may enter into leases, in accordance with section 2667 of this title, or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of section 2667(h)(2) of this title.

(b)

Use of Navy personal property by the Association

The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy.

(c)

Acceptance of support

(1)

Support received from the Association

Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic and physical fitness programs of the Naval Academy. For purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.

(2)

Funds received from NCAA

The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic and physical fitness programs of the Naval Academy.

(3)

Limitation

The Secretary shall ensure that contributions under this subsection do not reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program.

(d)

Retention and use of funds

Notwithstanding section 2260(d) of this title, funds received under this section may be retained for use in support of athletic and physical fitness programs of the Naval Academy and shall remain available until expended.

(e)

Trademarks and service marks

(1)

Licensing, marketing, and sponsorship agreements

An agreement under subsection (a)(1) may, consistent with sections 2260 (other than subsection (d)) and 5022(b)(3) of this title, authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Naval Academy, subject to the approval of the Department of the Navy.

(2)

Limitations

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

(f)

Service on Association Board of Control

The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.

(g)

Conditions

The authority provided in this section with respect to the Association is available only so long as the Association continues to—

(1)

qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the laws of the State of Maryland, and the constitution and bylaws of the Association; and

(2)

operate exclusively to support the athletic and physical fitness programs of the Naval Academy.

(h)

Association defined

In this section, the term Association means the Naval Academy Athletic Association.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

6981. Support of athletic and physical fitness programs.

.

543.

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

(a)

Expansion of program

Subsection (b)(1) of section 558 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1418; 10 U.S.C. 2015 note) is amended by striking or more than five.

(b)

Use of industry-recognized certifications

Subsection (b) of such section is further amended—

(1)

by striking and at the end of paragraph (1);

(2)

by redesignating paragraph (2) as paragraph (3); and

(3)

by inserting after paragraph (1) the following new paragraph:

(2)

consider utilizing industry-recognized certifications or licensing standards for civilian occupational skills comparable to the specialties or codes so designated; and

.

544.

State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training

(a)

In general

Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(9)
(A)

As a condition of a grant or contract under which funds are made available to a State in order to carry out section 4103A or 4104 of this title for any program year, the Secretary may require the State—

(i)

to demonstrate that when the State approves or denies a certification or license described in subparagraph (B) for a veteran the State takes into consideration any training received or experience gained by the veteran while serving on active duty in the Armed Forces; and

(ii)

to disclose to the Secretary in writing the following:

(I)

Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the State.

(II)

A description of the standard practices of the State for evaluating training received by veterans while serving on active duty in the Armed Forces and evaluating the documented work experience of such veterans during such service for purposes of approving or denying a certification or license described in subparagraph (B).

(III)

Identification of areas in which training and experience described in subclause (II) fails to meet criteria described in subclause (I).”

(B)

A certification or license described in this subparagraph is any of the following:

(i)

A license to be a nonemergency medical professional.

(ii)

A license to be an emergency medical professional.

(iii)

A commercial driver’s license.

(C)

The Secretary shall share the information the Secretary receives under subparagraph (A)(ii) with the Secretary of Defense to help the Secretary of Defense improve training for military occupational specialties so that individuals who receive such training are able to receive a certification or license described in subparagraph (B) from a State.

(D)

The Secretary shall publish on the Internet website of the Department available to the public—

(i)

any guidance the Secretary gives the Secretary of Defense with respect to carrying out this section; and

(ii)

any information the Secretary receives from a State pursuant to subparagraph (A).

.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to a program year beginning on or after the date of the enactment of this Act.

545.

Department of Defense review of access to military installations by representatives of institutions of higher education

(a)

Review required

The Secretary of Defense shall conduct a review to assess the extent of access that representatives of institutions of higher education have to military installations.

(b)

Elements of review

The review required by subsection (a) shall include, at a minimum, an assessment of the following:

(1)

The policies and procedures that govern the availability and the degree to which representatives of institutions of higher education obtain access to military installations for marketing and recruitment purposes to members of the Armed Forces and their families.

(2)

The extent to which persons employed by institutions of higher education who have authorized access to military installations are engaged in the unauthorized or inappropriate marketing of products and services to members of the Armed Forces through such access.

(3)

The policies and regulations that are in effect to prevent inappropriate marketing of educational products and services on military installations and the effectiveness or shortcomings, and the adequacy of the enforcement, of those policies and regulations.

(c)

Report

Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a). The report shall include any recommendations for statutory or regulatory change that the Secretary considers appropriate to enhance the protection of members of the Armed Forces from inappropriate marketing and recruitment on military installations by representatives of institutions of higher education.

546.

Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to standardize the educational transcripts issued to members of the Armed Forces on their separation from the Armed Forces.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description of the similarities and differences between the educational transcripts issued to members separating from the each of the Armed Forces.

(2)

A description of any assessments done by the Department, or in conjunction with educational institutions, to identify shortcomings in the transcripts issued to separating members in connection with their ability to qualify for civilian educational credits.

(3)

A description of the implementation plan for the Joint Services Transcript, including a schedule and the elements of existing educational transcripts to be incorporated into the Joint Services Transcript.

547.

Comptroller General of the United States reports on joint professional military education matters

(a)

Report on review of Military Education Coordination Council report

(1)

Review of methodology

The Comptroller General of the United States shall review the methodology used by the Military Education Coordination Council in compiling the report on joint professional military education that is to be submitted to the Director of Joint Force Development by March 1, 2013, pursuant to the Joint Staff Memorandum, Joint Staff Review, dated July 16, 2012. The review shall include an examination of the analytical approach used by the Council for that report, including the types of information considered, the cost savings identified, the benefits of options considered, the time frames for implementation, and transparency.

(2)

Report

Not later than 90 days after receiving from the Director of Joint Force Development the report described in paragraph (1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review under paragraph (1) of the report described in that paragraph. The report of the Comptroller General under this paragraph shall set forth the following:

(A)

The results of the review under paragraph (1).

(B)

Such recommendations as the Comptroller General considers appropriate in light of the results of the review.

(b)

Report on joint professional military education research institutions

(1)

Report required

Not later than January 31, 2014, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment by the Comptroller General of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of the Department of Defense, the military departments, and the Defense Agencies.

(2)

Elements

The report required by paragraph (1) shall include an assessment of the following:

(A)

The systems, mechanisms, and structures within the senior and intermediate joint professional military education colleges and universities for oversight, governance, and management of the joint professional military education research institutions, including systems, mechanisms, and structures relating to the development of policies and budgets for research.

(B)

The factors contributing to and the extent of growth in the number and size of joint professional military education research institutions since 2000.

(C)

The causes and extent of cost growth at joint professional military education research institutions since 2000.

(D)

The focus of research activity conducted by the joint professional military education research institutions, and the extent to which each joint professional military education research institution performs a unique research function or engages in similar or duplicative efforts with other components or elements of the Department of Defense.

(E)

The measures of effectiveness used by the joint professional military education research institutions, the senior and intermediate joint professional military education colleges and universities, and other oversight entities to evaluate the performance of the joint professional military education research institutions in meeting established goals or objectives.

(3)

Definitions

In this subsection:

(A)

The term joint professional military education research institutions means subordinate organizations (including centers, institutes, and schools) under the senior and intermediate joint professional military education colleges and universities for which research is the primary mission or reason for existence.

(B)

The term senior and intermediate joint professional military education colleges and universities means the following:

(i)

The National Defense University.

(ii)

The Army War College.

(iii)

The Navy War College.

(iv)

The Air University.

(v)

The Air War College.

(vi)

The Marine Corp University.

F

Reserve Officers’ Training Corps and Related Matters

551.

Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers' Training Corps program

Section 2107(c)(1) of title 10, United States Code, is amended by striking the third sentence.

552.

Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps

(a)

Consolidation

Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:

2034.

Educational institutions not maintaining units of Junior Reserve Officers’ Training Corps: issuance of arms, tentage, and equipment

The Secretary of a military department may issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers’ Training Corps is maintained if the educational institution—

(1)

offers a course in military training prescribed by that Secretary; and

(2)

has a student body of at least 50 students who are in a grade above the eighth grade.

.

(b)

Repeal of separate authorities

Sections 4651, 7911, and 9651 of such title are repealed.

(c)

Clerical amendments

(1)

Consolidated authority

The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:

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

.

(2)

Army authority

The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651.

(3)

Navy authority

The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911.

(4)

Air force authority

The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.

553.

Modification of requirements on plan to increase the number of units of the Junior Reserve Officers' Training Corps

(a)

Number of units covered by plan

Subsection (a) of section 548 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4466) is amended by striking not less than 3,700 units and inserting not less than 3,000, and not more than 3,700, units.

(b)

Additional exception

Subsection (b) of such section is amended—

(1)

in paragraph (1), by striking or at the end;

(2)

in paragraph (2), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following new paragraph:

(3)

if the Secretaries of the military departments determine that the level of support of all kinds (including appropriated funds) provided to youth development programs within the Armed Forces is consistent with funding limitations and the achievement of the objectives of such programs.

.

(c)

Submittal of revised plan and implementation reports

Subsection (e) of such section is amended to read as follows:

(e)

Time for submission

Not later than March 31, 2013, the Secretary of Defense shall submit to the congressional defense committees a revised plan under subsection (a) to reflect amendments made to subsections (a) and (b) during fiscal year 2013 and a new report under subsection (d) to address the revised plan. The Secretary shall submit an updated report not later than March 31 of each of 2015, 2018, and 2020.

.

554.

Comptroller General report on Reserve Officers' Training Corps programs

(a)

Report required

Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General regarding the following:

(1)

Whether the Reserve Officers' Training Corps (ROTC) programs of the military departments are effectively meeting, and structured to meet, current and projected requirements for newly commissioned officers in the Armed Forces.

(2)

The cost-effectiveness and unit productivity of the current Reserve Officers' Training Corps programs.

(3)

The adequacy of current oversight and criteria for the establishment and disestablishment of units of the Reserve Officers' Training Corps.

(b)

Elements

The report required by subsection (a) shall include, at a minimum, the following:

(1)

A list of the units of the Reserve Officers' Training Corps by Armed Force, and by college or university, and the number of cadets and midshipman currently enrolled by class or year group.

(2)

The number of officers commissioned in 2012 from the Reserve Officers' Training Corps programs, and the number projected to be commissioned over the period of the current future-years defense program under section 221 of title 10, United States Code, from each unit listed under paragraph (1).

(3)

An assessment of the requirements of each Armed Force for newly commissioned officers in 2012 and the strategic planning regarding such requirements over the period of the current future-years defense program.

(4)

The number of military and civilian personnel of the Department of Defense assigned to lead and manage units of the Reserve Officers' Training Corps, and the grades of the military personnel so assigned.

(5)

An assessment of Department of Defense-wide and Armed-Force specific standards regarding the productivity of units of the Reserve Officers' Training Corps, and an assessment of compliance with such standards.

(6)

An assessment of the projected use by the Armed Forces of the procedures available to the Armed Forces to respond to overages in the number of cadets and midshipmen in the Reserve Officers' Training Corps programs.

(7)

A description of the plans of the Armed Forces to retain or disestablish units of the Reserve Officers' Training Corps that do not meet productivity standards.

G

Defense Dependents’ Education and Military Family Readiness

561.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2013 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

(1)

Extension of authority to provide assistance

Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by striking September 30, 2012 and inserting September 30, 2014.

(2)

Amount of assistance authorized

Of the amount authorized to be appropriated for fiscal year 2013 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b).

(c)

Repeal of obsolete funding reference

Section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b) is amended—

(1)

by striking subsection (e); and

(2)

by redesignating subsection (f) as subsection (e).

(d)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

562.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2013 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

563.

Amendments to the Impact Aid program

(a)

Short title

This section may be cited as the Impact Aid Improvement Act of 2012.

(b)

Amendments to the impact aid program

Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) is amended—

(1)

in section 8002 (20 U.S.C. 7702)—

(A)

in subsection (a)—

(i)

by striking for a fiscal year ending prior to October 1, 2003; and

(ii)

by inserting or (h) after subsection (b);

(B)

in subsection (b)—

(i)

in paragraph (2), by striking aggregate assessed and inserting estimated taxable; and

(ii)

by striking paragraph (3) and inserting the following:

(3)

Determination of taxable value for eligible Federal property

(A)

In general

In determining the estimated taxable value of such acquired Federal property for fiscal year 2010 and each succeeding fiscal year, the Secretary shall—

(i)

first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency;

(ii)

then determine the per acre value of the eligible Federal property by dividing the total taxable value as determined in clause (i) by the difference between the total acres located within the boundaries of the local educational agency and the number of Federal acres eligible under this section; and

(iii)

then determine the total taxable value of the eligible Federal property by multiplying the per acre value as calculated under clause (ii) by the number of Federal acres eligible under this section.

(B)

Special rule

In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the per acre value of each such local educational agency as provided under subparagraph (A) and apply the average of these per acre values to the acres of the Federal property in such agency.

; and

(C)

in subsection (h)—

(i)

in paragraph (1)—

(I)

in the paragraph heading, by striking for pre-1995 recipients and inserting for pre-2010 recipients; and

(II)

by striking subparagraphs (A) and (B) and inserting the following:

(A)

In general

The Secretary shall first make a foundation payment to each local educational agency that is determined by the Secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application, and met, or has been determined by statute to meet, the eligibility requirements of subsection (a) for fiscal year 2009.

(B)

Amount

(i)

In general

The amount of a payment under subparagraph (A) for a local educational agency shall be equal to the greater of 90 percent of the payment the local educational agency received from dollars appropriated for fiscal year 2009 or 90 percent of the average payment that the local educational agency received from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall be calculated without regard to the maximum payment provisions in subsection (b)(1)(C).

(ii)

Exception

In calculating such average payment for a local educational agency that did not receive a payment under subsection (b) for 1 or more of the fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be treated as the payment that the agency received under subsection (b) for each fiscal year for which the agency did not receive such a payment.

; and

(ii)

by striking paragraphs (2) through (4) and inserting the following:

(2)

Foundation payments for new applicants

(A)

First year

From any amounts remaining after making payments under paragraph (1) and subsection (i)(1) for the fiscal year involved, the Secretary shall make a payment, in an amount determined in accordance with subparagraph (C), to each local educational agency that the Secretary determines eligible for a payment under this section for a fiscal year after fiscal year 2009 and that did not receive a payment under paragraph (1) for the fiscal year for which such agency was determined eligible for such payment.

(B)

Second and succeeding years

For any succeeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph (A), the amount of the local educational agency’s foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local educational agency's foundation payment under this paragraph for the first fiscal year.

(C)

Amounts

The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows:

(i)

Calculate the local educational agency’s maximum payment under subsection (b).

(ii)

Calculate the percentage that the amount appropriated under section 8014(a) for the most recent fiscal year for which the Secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage.

(iii)

Multiply the amount determined under clause (ii) by 90 percent.

(D)

Insufficient funds

If the amount appropriated under section 8014(a) of this title is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.

(3)

Remaining funds

From any funds remaining after making payments under paragraphs (1) and (2) for the fiscal year involved, the Secretary shall make a payment to each local educational agency that received a foundation payment under paragraph (1) or (2) or subsection (i)(1), for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local educational agency (by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies) bears to the percentage share determined (in the same manner) for all local educational agencies eligible to receive a payment under this section for the fiscal year involved, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current fiscal year shall be used.

(4)

Data

For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted, the Secretary shall not make a payment under paragraph (3) to a local educational agency that fails to submit, within 60 days of the date the Secretary notifies the agency that the information is needed, the data necessary to calculate the maximum amount of a payment under subsection (b) for that local educational agency.

;

(2)

by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) and inserting the following:

(4)

Military installation and indian housing undergoing renovation or rebuilding

(A)

Military installation housing

Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of—

(i)

the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or

(ii)

the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made.

(B)

Indian lands

Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on the basis of a certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lessor of—

(i)

the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or

(ii)

the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made.

(C)

Eligible housing

Renovation or rebuilding shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include sustainment projects such as painting, carpeting, or minor repairs.

; and

(3)

in section 8010 (20 U.S.C. 7710)—

(A)

in subsection (c)(1), by striking paragraph (3) of this subsection both places the term appears and inserting paragraph (2); and

(B)

by adding at the end the following:

(d)

Timely payments

(1)

In general

Subject to paragraph (2), the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year.

(2)

Payments with respect of fiscal years in which insufficient funds are appropriated

For a fiscal year in which the amount appropriated under section 8014 is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph (1) shall be applied by substituting is available to pay the agency for the agency is eligible to receive each place the term appears.

.

(c)

Effective date, implementation, and repeal

(1)

In general

The amendments made by subsection (b) shall be effective for a 2-year period beginning on the date of enactment of this Act.

(2)

Effective date

Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.

(3)

Implementation

The Secretary of Education shall carry out the amendments made by this section without regard to the rulemaking procedures under section 553 of title 5, United States Code.

(4)

Repeal

The amendments made by subsection (b) shall be repealed on the day after the 2-year period described in paragraph (1) and title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be applied as if such subsection and the amendments made by such subsection had never been enacted.

564.

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

(a)

In general

Section 1059 of title 10, United States Code, is amended—

(1)

in subsection (f), by adding at the end the following new paragraph:

(4)

Payment to a child under this section shall not cover any period before the birth of the child.

; and

(2)

in subsection (l), by striking at the time of the dependent-abuse offense resulting in the separation of the former member in the matter preceding paragraph (1) and inserting or eligible spouse at the time of the dependent-abuse offense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse.

(b)

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.

565.

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

Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsections:

(k)

Enrollment of relocated defense dependents’ education system students

(1)

The Secretary of Defense may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent of a member of the armed forces or a dependent of a Federal employee who is enrolled in the defense dependents’ education system established under section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921) if—

(A)

the dependents departed the overseas location as a result of a evacuation order;

(B)

the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and

(C)

the school possesses the capacity and resources necessary to enable the student to attend the school.

(2)

Unless waived by the Secretary of Defense, a dependent described in paragraph (1) who is enrolled in a school operated by the Department of Defense education program pursuant to such paragraph may attend the school only through the end of the school year.

(l)

Enrollment in virtual elementary and secondary education program

(1)

Under 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.

.

566.

Noncompetitive appointment authority regarding certain military spouses

(a)

In general

Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following new section:

3330d.

Appointment of certain military spouses

(a)

Definitions

In this section:

(1)

The term active duty

(A)

has the meaning given that term in section 101(d)(1) of title 10;

(B)

includes full-time National Guard duty (as defined in section 101(d)(5) of title 10); and

(C)

for a member of a reserve component (as described in section 10101 of title 10), does not include training duties or attendance at a service school.

(2)

The term agency

(A)

has the meaning given the term Executive agency in section 105 of this title; and

(B)

does not include the Government Accountability Office.

(3)

The term geographic area of the permanent duty station means the area from which individuals reasonably can be expected to travel daily to and from work at the location of a member's permanent duty station.

(4)

The term permanent change of station means the assignment, detail, or transfer of a member of the Armed Forces who is on active duty and serving at a permanent duty station under a competent authorization or order that does not—

(A)

specify the duty as temporary;

(B)

provide for assignment, detail, or transfer, after that different permanent duty station, to a further different permanent duty station; or

(C)

direct return to the initial permanent duty station.

(5)

The term relocating spouse of a member of the Armed Forces means an individual who—

(A)

is married to a member of the Armed Forces (on or prior to a permanent change of station of the member) who is ordered to active duty for a period of more than 180 consecutive days;

(B)

relocates to the member's permanent duty station; and

(C)

before relocating as described in subparagraph (B), resided outside the geographic area of the permanent duty station.

(6)

The term spouse of a disabled or deceased member of the Armed Forces means an individual—

(A)

who is married to a member of the Armed Forces who—

(i)

is retired, released, or discharged from the Armed Forces; and

(ii)

on the date on which the member retires, is released, or is discharged, has a disability rating of 100 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

(B)

who—

(i)

was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces; and

(ii)

has not remarried.

(b)

Appointment authority

The head of an agency may appoint noncompetitively—

(1)

a relocating spouse of a member of the Armed Forces; or

(2)

a spouse of a disabled or deceased member of the Armed Forces.

(c)

Special rules regarding relocating spouse

(1)

In general

An appointment of a relocating spouse of a member of the Armed Forces under this section may only be to a position the duty station for which is within the geographic area of the permanent duty station of the member of the Armed Forces, unless there is no agency with a position with a duty station within the geographic area of the permanent duty station of the member of the Armed Forces.

(2)

Single permanent appointment per duty station

A relocating spouse of a member of the Armed Forces may not receive more than 1 permanent appointment under this section for each time the spouse relocates as described in subparagraphs (B) and (C) of subsection (a)(5).

(d)

Special rules regarding spouse of a disabled or deceased member of the Armed Forces

(1)

In general

An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(6) is not restricted to a geographical area.

(2)

Single permanent appointment

A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.

.

(b)

Regulations

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

(c)

Clerical amendment

The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3330c the following new item:

3330d. Appointment of certain military spouses.

.

567.

Report on future of family support programs of the Department of Defense

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the anticipated future of the family support programs of the Department of Defense during the five-year period beginning on the date of the submittal of the report as end strengths for the Armed Forces are reduced and the Armed Forces are drawn down from combat operations in Afghanistan.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description of the current family support programs of each of the Armed Forces and the Department of Defense, including the name, scope and intended purpose of each program.

(2)

An assessment of the current costs of the family support programs covered by paragraph (1), and an estimate of the costs of anticipated family support programs of the Armed Forces and Department over the period covered by the report.

(3)

An assessment of the costs and other consequences associated with the elimination or reduction of any current family support programs covered by paragraph (1) over the period covered by the report.

(4)

An assessment of the family support programs of each of the Armed Forces covered by paragraph (1), including any planned or anticipated changes to the programs over the period covered by the report.

568.

Sense of Congress regarding support for Yellow Ribbon Day

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

H

Improved Sexual Assault Prevention and Response in the Armed Forces

570.

Armed Forces Workplace and Gender Relations Surveys

(a)

Additional content of surveys

Subsection (c) of section 481 of title 10, United States Code, is amended—

(1)

by striking harassment and discrimination and inserting harassment, assault, and discrimination;

(2)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); respectively;

(3)

by inserting after paragraph (1) the following new paragraph (2):

(2)

The specific types of assault that have occurred, and the number of times each respondent has been assaulted during the preceding year.

;

(4)

in paragraph (4), as so redesignated, by striking discrimination and inserting discrimination, harassment, and assault; and

(5)

by adding at the end the following new paragraph:

(5)

Any other issues relating to discrimination, harassment, or assault as the Secretary of Defense considers appropriate.

.

(b)

Time for conducting of surveys

Such section is further amended—

(1)

in subsection (a)(1), by striking four quadrennial surveys (each in a separate year) and inserting four surveys; and

(2)

by striking subsection (d) and inserting the following new subsection:

(d)

When surveys required

(1)

One of the two Armed Forces Workplace and Gender Relations Surveys shall be conducted in 2014 and then every second year thereafter and the other Armed Forces Workplace and Gender Relations Survey shall be conducted in 2015 and then every second year thereafter, so that one of the two surveys is being conducted each year.

(2)

The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The two surveys may not be conducted in the same year.

.

571.

Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty

(a)

In general

Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:

12323.

Active duty pending line of duty determination required for response to sexual assault

(a)

Continuation on active duty

In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a line of duty determination), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

(b)

Return to active duty

In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.

(c)

Regulations

The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(1)

a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and

(2)

if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 1209 of such title is amended adding at the end the following new item:

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

.

572.

Additional elements in comprehensive Department of Defense policy on sexual assault prevention and response

(a)

Policy modifications

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

(1)

Subject to subsection (b), a requirement that the Secretary of each military department establish a record on the disposition of any Unrestricted Report of sexual assault involving a member of the Armed Forces, whether such disposition is court martial, nonjudicial punishment, or other administrative action.

(2)

A requirement that the Secretary of each military department establish policies to require the processing for administrative separation of any member of the Armed Forces under the jurisdiction of such Secretary whose conviction for a covered offense is final and who is not punitively discharged from the Armed Forces in connection with such conviction. Such requirement—

(A)

shall ensure that any separation decision is based on the full facts of the case and that due process procedures are provided under regulations prescribed by the Secretary of Defense; and

(B)

shall not be interpreted to limit or alter the authority of the Secretary of the military department concerned to process members of the Armed Forces for administrative separation for other offenses or under other provisions of law.

(3)

A requirement that the commander of each military command and other units specified by the Secretary of Defense for purposes of the policy shall conduct, within 120 days after the commander assumes command and at least annually thereafter while retaining command, a climate assessment of the command or unit for purposes of preventing and responding to sexual assaults. The climate assessment shall include an opportunity for members of the Armed Forces to express their opinions regarding the manner and extent to which their leaders, including commanders, respond to allegations of sexual assault and complaints of sexual harassment and the effectiveness of such response.

(4)

A requirement to post and widely disseminate information about resources available to report and respond to sexual assaults, including the establishment of hotline phone numbers and Internet websites available to all members of the Armed Forces.

(5)

A requirement for a general education campaign to notify members of the Armed Forces regarding the authorities available under chapter 79 of title 10, United States Code, for the correction of military records when a member experiences any retaliatory personnel action for making a report of sexual assault or sexual harassment.

(b)

Additional requirements regarding disposition records of sexual assault reports

(1)

Elements

The record of the disposition of an Unrestricted Report of sexual assault established under subsection (a)(1) shall include information regarding the following, as appropriate:

(A)

Documentary information collected about the incident, other than investigator case notes.

(B)

Punishment imposed, including the sentencing by judicial or non-judicial means, including incarceration, fines, restriction, and extra duty as a result of military court-martial, Federal or local court and other sentencing, or any other punishment imposed.

(C)

Adverse administrative actions taken against the subject of the investigation, if any.

(D)

Any pertinent referrals made for the subject of the investigation, offered as a result of the incident, such as drug and alcohol counseling and other types of counseling or intervention.

(2)

Retention of records

The Secretary of Defense shall require that—

(A)

the disposition records established pursuant to subsection (a)(1) be retained for a period of not less than 20 years; and

(B)

information from the records that satisfies the reporting requirements established in section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) be incorporated into the Defense Sexual Assault Incident Database and maintained for the same period as applies to retention of the records under subparagraph (A).

(c)

Covered offense defined

For purposes of subsection (a)(2), the term covered offense means the following:

(1)

Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).

(2)

Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).

(3)

An attempt to commit an offense specified in paragraph (1) or (2) under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).

573.

Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses

(a)

Establishment required

Under regulations prescribed by the Secretary of Defense, the Secretary of each military department shall establish special victim capabilities for the purposes of—

(1)

investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses; and

(2)

providing support for the victims of such offenses.

(b)

Personnel

The special victim capabilities developed under subsection (a) shall include specially trained and selected—

(1)

investigators from the Army Criminal Investigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations;

(2)

judge advocates;

(3)

victim witness assistance personnel; and

(4)

administrative paralegal support personnel.

(c)

Training, selection, and certification standards

The Secretary of Defense shall prescribe standards for the training, selection, and certification of personnel who will provide special victim capabilities for a military department.

(d)

Discretion regarding extent of capabilities

(1)

In general

Subject to paragraph (2), the Secretary of a military department shall determine the extent to which special victim capabilities will be established within the military department and prescribe regulations for the management and use of the special victim capabilities.

(2)

Required elements

At a minimum, the special victim capabilities established within a military department must provide effective, timely, and responsive world-wide support for the purposes described in subsection (a).

(e)

Time for establishment

(1)

Implementation plan

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(A)

the plans and time lines of the Secretaries of the military departments for the establishment of the special victims capabilities; and

(B)

an assessment by the Secretary of Defense of the plans and time lines.

(2)

Initial capabilities

Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall have available an initial special victim capability consisting of the personnel specified in subsection (b).

(f)

Evaluation of effectiveness

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

prescribe the common criteria to be used by the Secretaries of the military departments to measure the effectiveness and impact of the special victim capabilities from the investigative, prosecutorial, and victim’s perspectives; and

(2)

require the Secretaries of the military departments to collect and report the data used to measure such effectiveness and impact.

(g)

Special victim capabilities defined

In this section, the term special victim capabilities means a distinct, recognizable group of appropriately skilled professionals who work collaboratively to achieve the purposes described in subsection (a). This section does not require that the special victim capabilities be created as separate military unit or have a separate chain of command.

574.

Enhancement to training and education for sexual assault prevention and response

Section 585 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsections:

(d)

Commanders’ training

The Secretary of Defense shall provide for the inclusion of a sexual assault prevention and response training module in the training for new or prospective commanders at all levels of command. The training shall be tailored to the responsibilities and leadership requirements of members of the Armed Forces as they are assigned to command positions. Such training shall include the following:

(1)

Fostering a command climate that does not tolerate sexual assault.

(2)

Fostering a command climate in which persons assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault.

(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.

.

575.

Modification of annual Department of Defense reporting requirements regarding sexual assaults

(a)

Greater detail in case synopses portion of report

Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

(f)

Additional details for case synopses portion of report

The Secretary of each military department shall include in the case synopses portion of each report described in subsection (b)(3) the following additional information:

(1)

If charges are dismissed following an investigation conducted under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.

(2)

If the case synopsis states that a member of the Armed Forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.

(3)

The case synopsis shall indicate whether a member of the Armed Forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct.

(4)

The case synopsis shall indicate the branch of the Armed Forces of each member accused of committing a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual assault.

(5)

If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.

(6)

The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.

.

(b)

Additional elements of each report

Subsection (b) of such section is amended by adding at the end the following new paragraphs:

(7)

The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the Armed Forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied.

(8)

An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents.

(9)

An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.

(10)

An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults.

.

(c)

Application of amendments

The amendments made by this section shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

576.

Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases

(a)

Independent reviews and assessments required

(1)

Response systems to adult sexual assault crimes

The Secretary of Defense shall establish a panel to conduct an independent review and assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), for the purpose of developing recommendations regarding how to improve the effectiveness of such systems.

(2)

Judicial proceedings since fiscal year 2012 amendments

The Secretary of Defense shall establish a panel to conduct an independent review and assessment of judicial proceedings conducted under the Uniform Code of Military Justice involving adult sexual assault and related offenses since the amendments made to the Uniform Code of Military Justice by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1404) for the purpose of developing recommendations for improvements to such proceedings.

(b)

Establishment of independent review panels

(1)

Composition

(A)

Response systems panel

The panel required by subsection (a)(1) shall be composed of nine members, five of whom are appointed by the Secretary of Defense and one member each appointed by the chairman and ranking member of the Committees on Armed Services of the Senate and the House of Representatives.

(B)

Judicial proceedings panel

The panel required by subsection (a)(2) shall be appointed by the Secretary of Defense and consist of five members, two of whom must have also served on the panel established under subsection (a)(1).

(2)

Qualifications

The members of each panel shall be selected from among private United States citizens who collectively possess expertise in military law, civilian law, the investigation, prosecution, and adjudication of sexual assaults in State and Federal criminal courts, victim advocacy, treatment for victims, military justice, the organization and missions of the Armed Forces, and offenses relating to rape, sexual assault, and other adult sexual assault crimes.

(3)

Chair

The chair of each panel shall be appointed by the Secretary of Defense from among the members of the panel.

(4)

Period of appointment; vacancies

Members shall be appointed for the life of the panel. Any vacancy in a panel shall be filled in the same manner as the original appointment.

(5)

Deadline for appointments

(A)

Response systems panel

All original appointments to the panel required by subsection (a)(1) shall be made not later than 120 days after the date of the enactment of this Act.

(B)

Judicial proceedings panel

All original appointments to the panel required by subsection (a)(2) shall be made before the termination date of the panel established under subsection (a)(1), but no later than 30 days before the termination date.

(6)

Meetings

A panel shall meet at the call of the chair.

(7)

First meeting

The chair shall call the first meeting of a panel not later than 60 days after the date of the appointment of all the members of the panel.

(c)

Reports and duration

(1)

Response systems panel

The panel established under subsection (a)(1) shall terminate upon the earlier of the following:

(A)

Thirty days after the panel has submitted a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives.

(B)

Eighteen months after the first meeting of the panel, by which date the panel is expected to have made its report.

(2)

Judicial proceedings panel

(A)

First report

The panel established under subsection (a)(2) shall submit a first report, including any proposals for legislative or administrative changes the panel considers appropriate, to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives not later than 180 days after the first meeting of the panel.

(B)

Subsequent reports

The panel established under subsection (a)(2) shall submit subsequent reports during fiscal years 2014 through 2017.

(C)

Termination

The panel established under subsection (a)(2) shall terminate on September 30, 2017.

(d)

Duties of panels

(1)

Response systems panel

In conducting a systemic review and assessment, the panel required by subsection (a)(1) shall provide recommendations on how to improve the effectiveness of the investigation, prosecution, and adjudication of crimes involving adult sexual assault and related offenses under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). The review shall include the following:

(A)

Using criteria the panel considers appropriate, an assessment of the strengths and weaknesses of the systems, including the administration of the Uniform Code of the Military Justice, and the investigation, prosecution, and adjudication, of adult sexual assault crimes during the period 2007 through 2011.

(B)

A comparison of military and civilian systems for the investigation, prosecution, and adjudication of adult sexual assault crimes. This comparison shall include an assessment of differences in providing support and protection to victims and the identification of civilian best practices that may be incorporated into any phase of the military system.

(C)

An assessment of advisory sentencing guidelines used in civilian courts in adult sexual assault cases and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial.

(D)

An assessment of the training level of military defense and trial counsel, including their experience in defending or prosecuting adult sexual assault crimes and related offenses, as compared to prosecution and defense counsel for similar cases in the Federal and State court systems.

(E)

An assessment and comparison of military court-martial conviction rates with those in the Federal and State courts and the reasons for any differences.

(F)

An assessment of the roles and effectiveness of commanders at all levels in preventing sexual assaults and responding to reports of sexual assault.

(G)

An assessment of the strengths and weakness of proposed legislative initiatives to modify the current role of commanders in the administration of military justice and the investigation, prosecution, and adjudication of adult sexual assault crimes.

(H)

An assessment of the adequacy of the systems and procedures to support and protect victims in all phases of the investigation, prosecution, and adjudication of adult sexual assault crimes, including whether victims are provided the rights afforded by section 3771 of title 18, United States Code, Department of Defense Directive 1030.1, and Department of Defense Instruction 1030.2.

(I)

Such other matters and materials the panel considers appropriate.

(2)

Judicial proceedings panel

The panel required by subsection (a)(2) shall perform the following duties:

(A)

Assess and make recommendations for improvements in the implementation of the reforms to the offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice that were enacted by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1404).

(B)

Review and evaluate current trends in response to sexual assault crimes whether by courts-martial proceedings, non-judicial punishment and administrative actions, including the number of punishments by type, and the consistency and appropriateness of the decisions, punishments, and administrative actions based on the facts of individual cases.

(C)

Identify any trends in punishments rendered by military courts, including general, special, and summary courts-martial, in response to sexual assault, including the number of punishments by type, and the consistency of the punishments, based on the facts of each case compared with the punishments rendered by Federal and State criminal courts.

(D)

Review and evaluate court-martial convictions for sexual assault in the year covered by the most-recent report required by subsection (c)(2) and the number and description of instances when punishments were reduced or set aside upon appeal and the instances in which the defendant appealed following a plea agreement, if such information is available.

(E)

Review and assess those instances in which prior sexual conduct of the alleged victim was considered in a proceeding under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), and any instances in which prior sexual conduct was determined to be inadmissible.

(F)

Review and assess those instances in which evidence of prior sexual conduct of the alleged victim was introduced by the defense in a court-martial and what impact that evidence had on the case.

(G)

Building on the data compiled as a result of paragraph (1)(D), assess the trends in the training and experience levels of military defense and trial counsel in adult sexual assault cases and the impact of those trends in the prosecution and adjudication of such cases.

(H)

Monitor trends in the development, utilization and effectiveness of the special victims capabilities required by section 573 of this Act.

(I)

Monitor the implementation of the April 20, 2012, Secretary of Defense policy memorandum regarding withholding initial disposition authority under the Uniform Code of Military Justice in certain sexual assault cases.

(J)

Consider such other matters and materials as the panel considers appropriate for purposes of the reports.

(3)

Utilization of other studies

In conducting reviews and assessments and preparing reports, a panel may review, and incorporate as appropriate, the data and findings of applicable ongoing and completed studies.

(e)

Authority of panels

(1)

Hearings

A panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section.

(2)

Information from federal agencies

Upon request by the chair of a panel, a department or agency of the Federal Government shall provide information that the panel considers necessary to carry out its duties under this section.

(f)

Personnel matters

(1)

Pay of members

Members of a panel shall serve without pay by reason of their work on the panel.

(2)

Travel expenses

The members of a panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.

(3)

Staffing and resources

The Secretary of Defense shall provide staffing and resources to support the panels, except that the Secretary may not assign primary responsibility for such staffing and resources to the Sexual Assault Prevention and Response Office.

577.

Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the report

(a)

Period of retention

At the request of a member of the Armed Forces who files a Restricted Report on an incident of sexual assault involving the member, the Secretary of Defense shall ensure that all copies of Department of Defense Form 2910 and Department of Defense Form 2911 filed in connection with the Restricted Report be retained for the longer of—

(1)

50 years commencing on the date of signature of the member on Department of Defense Form 2910; or

(2)

the time provided for the retention of such forms in connection with Unrestricted Reports on incidents of sexual assault involving members of the Armed Forces under Department of Defense Directive-Type Memorandum (DTM) 11–062, entitled Document Retention in Cases of Restricted and Unrestricted Reports of Sexual Assault, or any successor directive or policy.

(b)

Protection of confidentiality

Any Department of Defense form retained under subsection (a) shall be retained in a manner that protects the confidentiality of the member of the Armed Forces concerned in accordance with procedures for the protection of confidentiality of information in Restricted Reports under Department of Defense memorandum JTF–SAPR–009, relating to the Department of Defense policy on confidentiality for victims of sexual assault, or any successor policy or directive.

578.

General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault

(a)

Review required

The Secretary of Defense shall develop a policy to require a general officer or flag officer of the Armed Forces to review the circumstances of, and grounds for, the proposed involuntary separation of any member of the Armed Forces who—

(1)

made an Unrestricted Report of a sexual assault;

(2)

within one year after making the Unrestricted Report of a sexual assault, is recommended for involuntary separation from the Armed Forces; and

(3)

requests the review on the grounds that the member believes the recommendation for involuntary separation from the Armed Forces was initiated in retaliation for making the report.

(b)

Concurrence required

If a review is requested by a member of the Armed Forces as authorized by subsection (a), the concurrence of the general officer or flag officer conducting the review of the proposed involuntary separation of the member is required in order to separate the member.

(c)

Submission of policy

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the policy developed under subsection (a).

(d)

Application of policy

The policy developed under subsection (a) shall take effect on the date of the submission of the policy to Congress under subsection (c) and apply to members of the Armed Forces described in subsection (a) who are proposed to be involuntarily separated from the Armed Forces on or after that date.

579.

Department of Defense policy and plan for prevention and response to sexual harassment in the Armed Forces

(a)

Comprehensive prevention and response policy

(1)

Policy required

The Secretary of Defense shall develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces. The policy shall provide for the following:

(A)

Training for members of the Armed Forces on the prevention of sexual harassment.

(B)

Mechanisms for reporting incidents of sexual harassment in the Armed Forces, including procedures for reporting anonymously.

(C)

Mechanisms for responding to and resolving incidents of alleged sexual harassment incidences involving members of the Armed Forces, including through the prosecution of offenders.

(2)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy required by paragraph (1).

(3)

Consultation

The Secretary of Defense shall prepare the policy and report required by this subsection in consultation with the Secretaries of the military departments and the Equal Opportunity Office of the Department of Defense.

(b)

Data collection and reporting regarding substantiated incidents of sexual harassment

(1)

Plan required

The Secretary of Defense shall develop a plan to collect information and data regarding substantiated incidents of sexual harassment involving members of the Armed Forces. The plan shall specifically deal with the need to identify cases in which a member is accused of multiple incidents of sexual harassment.

(2)

Submission of plan

Not later than June 1, 2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the plan developed under paragraph (1).

(3)

Reporting requirement

As part of the reports required to be submitted in 2014 under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note), the Secretary of Defense shall include information and data collected under the plan during the preceding year regarding substantiated incidents of sexual harassment involving members of the Armed Forces.

I

Suicide Prevention and Resilience

580.

Enhancement of oversight and management of Department of Defense suicide prevention and resilience programs

(a)

In general

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

(b)

Scope of responsibilities

The individual serving in the position established under subsection (a) shall have the responsibilities as follows:

(1)

To establish a uniform definition of resiliency for use in the suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense (including those of the military departments and the Armed Forces).

(2)

To oversee the implementation of the comprehensive policy on the prevention of suicide among members of the Armed Forces required by section 582.

581.

Reserve component suicide prevention and resilience program

(a)

Codification, transfer of responsibility, and extension

(1)

In general

Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section:

10219.

Suicide prevention and resilience program

(a)

Program requirement

The Secretary of Defense shall establish and carry out a program to provide members of the National Guard and Reserves and their families with training in suicide prevention, resilience, and community healing and response to suicide, including provision of such training at Yellow Ribbon Reintegration Program events and activities authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).

(b)

Suicide prevention training

Under the program, the Secretary shall provide members of the National Guard and Reserves with training in suicide prevention. Such training may include—

(1)

describing the warning signs for suicide and teaching effective strategies for prevention and intervention;

(2)

examining the influence of military culture on risk and protective factors for suicide; and

(3)

engaging in interactive case scenarios and role plays to practice effective intervention strategies.

(c)

Community response training

Under the program, the Secretary shall provide the families and communities of members of the National Guard and Reserves with training in responses to suicide that promote individual and community healing. Such training may include—

(1)

enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide;

(2)

communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines;

(3)

addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and

(4)

managing resources to assist key community and military service providers in helping the families, friends, and fellow servicemembers of a suicide victim through the processes of grieving and healing.

(d)

Community training assistance

The program shall include the provision of assistance with such training to the local communities of those servicemembers and families, to be provided in coordination with local community programs.

(e)

Collaboration

In carrying out the program, the Secretary shall collect and analyze lessons learned and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs.

(f)

Termination

The program under this section shall terminate on October 1, 2017.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 1007 of such title is amended by adding at the end the following new item:

10219. Suicide prevention and resilience program.

.

(b)

Repeal of superseded provision

Subsection (i) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is repealed.

582.

Comprehensive policy on prevention of suicide among members of the Armed Forces

(a)

Comprehensive policy required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Under Secretary of Defense for Personnel and Readiness, develop within the Department of Defense a comprehensive policy on the prevention of suicide among members of the Armed Forces. In developing the policy, the Secretary shall consider recommendations from the operational elements of the Armed Forces regarding the feasibility of the implementation and execution of particular elements of the policy.

(b)

Elements

The policy required by subsection (a) shall cover each of the following:

(1)

Increased awareness among members of the Armed Forces about mental health conditions and the stigma associated with mental health conditions and mental health care.

(2)

The means of identifying members who are at risk for suicide (including enhanced means for early identification and treatment of such members).

(3)

The continuous access by members to suicide prevention services, including suicide crisis services.

(4)

The means to evaluate and assess the effectiveness of the suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense (including those of the military departments and the Armed Forces), including the development of metrics for that purpose.

(5)

The means to evaluate and assess the current diagnostic tools and treatment methods in the programs referred to in paragraph (4) to ensure clinical best practices are used in such programs.

(6)

The standard of care for suicide prevention to be used throughout the Department.

(7)

The training of mental health care providers on suicide prevention.

(8)

The training standards for behavioral health care providers to ensure that such providers receive training on clinical best practices and evidence-based treatments as information on such practices and treatments becomes available.

(9)

The integration of mental health screenings and suicide risk and prevention for members into the delivery of primary care for such members.

(10)

The standards for responding to attempted or completed suicides among members, including guidance and training to assist commanders in addressing incidents of attempted or completed suicide within their units.

(11)

The means to ensure the protection of the privacy of members seeking or receiving treatment relating to suicide.

(12)

Such other matters as the Secretary considers appropriate in connection with the prevention of suicide among members.

583.

Study of resilience programs for members of the Army

(a)

Study required

The Secretary of the Army shall conduct a study of resilience programs within the Army for the purpose of assessing the effectiveness of the current Comprehensive Soldier and Family Fitness (CSF2) Program of the Army, while verifying the current means of the Army to reduce trends in high risk or self-destructive behavior and to prepare members of the Army to manage stressful or traumatic situations by training members in resilience strategies and techniques.

(b)

Elements

In conducting the study, the Secretary of the Army shall determine the effectiveness and quality of training under the Comprehensive Soldier and Family Fitness program in—

(1)

enhancing individual performance through resiliency techniques and use of positive and sports psychology; and

(2)

identifying and responding to early signs of high-risk behavior in members of the Army.

(c)

Use of science-based evidence and techniques

In conducting the study, the Secretary of the Army shall utilize scientific evidence, including professionally accepted measurements and assessments, to evaluate those interventions that show positive results and those interventions that have no impact.

(d)

Duration of study

The study shall be conducted through September 30, 2014.

(e)

Report on study results

Not later than October 31, 2014, the Secretary of the Army shall submit to the Committees on Armed Forces of the Senate and the House of Representatives a report containing the results of the study. The report shall include the following:

(1)

A description of the trends in high risk or self-destructive behavior among members of the Army.

(2)

A description and measurements of the effectiveness of Comprehensive Soldier and Family Fitness Program training in enhancing individual performance through resiliency techniques, utilization of positive psychology.

(3)

Such recommendations or other information as the Secretary considers appropriate.

J

Other Matters

584.

Issuance of prisoner-of-war medal

Section 1128 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by inserting or at the end of paragraph (2);

(B)

by striking ; or at the end of paragraph (3) and inserting a period; and

(C)

by striking paragraph (4);

(2)

by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and

(3)

by inserting after subsection (a) the following new subsection (b):

(b)

Under uniform regulations prescribed by the Secretary of Defense, the Secretary concerned may issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was held captive under circumstances not covered by paragraph (1), (2), or (3) of subsection (a), but which the Secretary concerned finds were comparable to those circumstances under which persons have generally been held captive by enemy armed forces during periods of armed conflict.

.

585.

Technical amendments relating to the termination of the Armed Forces Institute of Pathology under defense base closure and realignment

Section 177 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)—

(i)

by striking those professional societies and all that follows through the Armed Forces Institute of Pathology and inserting the professional societies and organizations that support the activities of the American Registry of Pathology; and

(ii)

by striking the second sentence; and

(B)

in paragraph (3), by striking with the concurrence of the Director of the Armed Forces Institute of Pathology;

(2)

in subsection (b)—

(A)

by striking paragraph (1); and

(B)

by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; and

(3)

in subsection (d), by striking to the Director and all that follows through it deems desirable, and inserting annually to its Board and supporting organizations referred to in subsection (a)(2).

586.

Modification of requirement for reports in Federal Register on institutions of higher education ineligible for contracts and grants for denial of ROTC or military recruiter access to campus

Section 983 of title 10, United States Code, is amended by striking subsection (f).

587.

Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons

(a)

Activities benefitting education as services eligible for acceptance

Section 2601(i)(2) of title 10, United States Code, is amended by inserting education, before morale,.

(b)

Acceptance of voluntary services related to accounting for missing persons

Section 1588(a) of such title is amended by adding at the end the following new paragraph:

(9)

Voluntary services to facilitate accounting for missing persons.

.

588.

Display of State, District of Columbia, commonwealth, and territorial flags by the Armed Forces

(a)

Display

Subsection (a) of section 2249b of title 10, United States Code, is amended to read as follows:

(a)

Display of flags by armed forces

The Secretary of Defense shall ensure that, whenever the official flags of all 50 States are displayed by the armed forces, such display shall include the flags of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

2249b.

Display of State, District of Columbia, commonwealth, and territorial flags by the armed forces

.

(2)

Table of sections

The table of sections at the beginning of chapter 134 of such title is amended by striking the item relating to section 2249b and inserting the following new item:

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

.

589.

Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions and programs

(a)

Navy defense product development program

Section 7049(a) of title 10, United States Code, is amended—

(1)

in the second sentence, by inserting or professional continuing education certificate after master's degree; and

(2)

in the last sentence, by inserting before the period at the end the following: or an appropriate professional continuing education certificate, as applicable.

(b)

United States Air Force Institute of Technology

Section 9314a(a) of such title is amended—

(1)

in paragraph (1), by inserting or professional continuing education certificate after graduate degree; and

(2)

in paragraph (3), by inserting before the period at the end the following: or an appropriate professional continuing education certificate, as applicable.

(c)

Request for increase in number of defense industry civilians authorized for admission

If the Secretary of Defense determines that it is in the best interest of the Department of Defense to increase the maximum number of defense industry employees authorized to be enrolled in the Naval Defense Development Program or the Air Force Institute of Technology at any one time, as specified in sections 7049(a) and 9314a(a) of title 10, United States Code, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a request for such an increase, including draft legislation to effectuate the increase.

590.

Extension of authorities to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions

Section 2023(d) of title 38, United States Code, is amended by striking September 30, 2012 and inserting September 30, 2013.

591.

Inspection of military cemeteries under the jurisdiction of Department of Defense

(a)

DOD Inspector General inspection of Arlington National Cemetery and United States Soldiers’ and Airmen's 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.

592.

Report on results of investigations and reviews conducted with respect to Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report of the investigations and reviews that were conducted with respect to the improper handling and preparation of the remains of deceased members of the Armed Forces and civilians at the Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base. The investigations and reviews considered shall include—

(1)

the 436th Air Wing Inspector General review;

(2)

the Air Force Office of Special Investigations report;

(3)

the Air Force Office of Inspector General investigation;

(4)

the Office of Special Counsel review;

(5)

the Defense Health Board’s Dover Port Mortuary Independent Review Subcommittee report; and

(6)

any other reviews or investigations of operations at Dover Port Mortuary that have been conducted since January 1, 2011.

(b)

Elements of report

The report shall—

(1)

summarize and evaluate the recommendations made, and the actions undertaken, as a result of the investigations and reviews, and the current status of implementation of such recommendations and actions; and

(2)

provide any additional recommendations for improvement of operations at Dover Port Mortuary, including any best practices for casualty notification, family support, and mortuary affairs operations.

593.

Preservation of editorial independence of Stars and Stripes

(a)

Maintenance of geographic separation

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

(b)

Implementation report

Not later than February 1, 2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the implementation of subsection (a).

594.

National public awareness and participation campaign for Veterans' History Project of American Folklife Center

(a)

In general

The Director of the American Folklife Center at the Library of Congress shall carry out a national public awareness and participation campaign for the program required by section 3(a) of the Veterans' Oral History Project Act (20 U.S.C. 2142(a)). Such campaign shall provide for the following:

(1)

Encouraging the people of the United States, veterans organizations, community groups, and national organizations to participate in such program.

(2)

Ensuring greater awareness and participation throughout the United States in such program.

(3)

Providing meaningful opportunities for learning about the experiences of veterans.

(4)

Complementing the efforts supporting the readjustment and successful reintegration of veterans into civilian life after service in the Armed Forces.

(b)

Coordination and cooperation

To the degree practicable, the Director shall, in carrying out the campaign required by subsection (a), coordinate and cooperate with veterans service organizations.

(c)

Veterans service organization defined

In this section, the term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

595.

Report on accuracy of data in the Defense Enrollment Eligibility Reporting System

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System (DEERS) in order—

(1)

to provide for the standardization of identification credentials required for eligibility, enrollment, transactions, and updates across all Department of Defense installations; and

(2)

to ensure that persons issued military identification cards and receiving benefits based on DEERS data are actually eligible for such cards and benefits.

596.

Sense of Congress that the bugle call commonly known as Taps should be designated as the National Song of Military Remembrance

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

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 603. Basic allowance for housing for two-member couples when one member is on sea duty.

Sec. 604. Rates of basic allowance for housing for members performing active Guard and Reserve duty.

Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error.

Subtitle B—Bonuses and Special and Incentive Pays

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

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the Selected Reserve.

Sec. 617. Increase in maximum amount of incentive bonus for reserve component members who convert military occupational specialty to ease personnel shortages.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated.

Sec. 622. Authority for comprehensive program for space-available travel on Department of Defense aircraft.

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

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

Sec. 632. Transitional use of military family housing.

Subtitle E—Disability, Retired Pay, and Survivor Benefits

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and terminating payment of the Survivor Benefit Plan annuity.

Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group Life Insurance for members of the Armed Forces married to other members.

Sec. 643. Clarification of computation of combat-related special compensation for chapter 61 disability retirees.

Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

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

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

Subtitle G—Military Lending

Sec. 661. Additional enhancements of protections on consumer credit for members of the Armed Forces and their dependents.

Sec. 662. Effect of violations of protections on consumer credit extended to members of the Armed Forces and their dependents.

Sec. 663. Consistent definition of dependent for purposes of applying limitations on terms of consumer credit extended to certain members of the Armed Forces and their dependents.

Subtitle H—Military Compensation and Retirement Modernization Commission

Sec. 671. Purpose, scope, and definitions.

Sec. 672. Military Compensation and Retirement Modernization Commission.

Sec. 673. Commission hearings and meetings.

Sec. 674. Principles and procedure for Commission recommendations.

Sec. 675. Consideration of Commission recommendations by the President.

Sec. 676. Executive Director.

Sec. 677. Staff.

Sec. 678. Judicial review precluded.

Sec. 679. Termination.

Sec. 680. Funding.

Subtitle I—Other Matters

Sec. 681. Equal treatment for members of Coast Guard Reserve called to active duty under title 14, United States Code.

Sec. 682. Report regarding Department of Veterans Affairs claims process transformation plan.

A

Pay and Allowances

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.

602.

Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2012 and inserting December 31, 2013.

603.

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

(a)

In general

Subparagraph (C) of section 403(f)(2) of title 37, United States Code, is amended to read as follows:

(C)

Notwithstanding section 421 of this title, a member of a uniformed service in a pay grade below pay grade E–6 who is assigned to sea duty and is married to another member of a uniformed service is entitled to a basic allowance for housing subject to the limitations of subsection (e).

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on January 1, 2013.

604.

Rates of basic allowance for housing for members performing active Guard and Reserve duty

(a)

Treatment of active Guard and Reserve duty

Section 403(g) of title 37, United States Code, is amended by adding at the end the following new paragraph:

(6)
(A)

This paragraph applies with respect to a member of a reserve component who performs active Guard and Reserve duty (as defined in section 101(d)(6) of title 10).

(B)

The rate of basic allowance for housing to be paid to a member described in subparagraph (A) shall be based on the member’s permanent duty station, even during instances in which the member is mobilized for service on active duty other than active Guard and Reserve duty.

(C)
(i)

During transitions in service status from active Guard and Reserve duty to other active duty and back to active Guard and Reserve duty, or following the start of new periods of service resulting from a change in orders, a member described in subparagraph (A) shall be considered as retaining uninterrupted eligibility to receive a basic allowance for housing in an area as provided for under subsections (b)(6) and (c)(2) so long as the member remains on active duty without a break in service.

(ii)

Clause (i) does not apply if the member’s permanent duty station changes as a result of orders directing a permanent change in station with the authority for the movement of household goods.

(iii)

For purposes of clause (i), a break in active service occurs when one or more calendar days between active service periods do not qualify as active service.

(D)

Subsections (d)(3) and (o) also apply to a member described in subparagraph (A).

.

(b)

Transitional provisions

(1)

In general

The basic allowance for housing paid to a member of a reserve component described in subparagraph (A) of paragraph (6) of section 403(g) of title 37, United States Code, as added by subsection (a), who on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 is being paid basic allowance for housing at a rate that is based on a housing area other than the member’s permanent duty station, shall be paid at that current rate until the member is assigned to perform duty at the member’s permanent duty station, at which time the member shall be paid basic allowance for housing at the prevailing permanent duty station housing area rate or at the permanent duty station housing rate for which the member has qualified under such paragraph (6).

(2)

Alternative rate

The Secretary of a military department, with the approval of the Secretary of Defense, may pay a member covered by paragraph (1) and under the jurisdiction of that Secretary a basic allowance for housing at a rate higher than the rate provided under such paragraph to ensure that the member is treated fairly and equitably or to serve the best interests of the United States.

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

Upon application, the Secretary concerned shall make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph.

(2)

Covered individuals

An individual described in this paragraph is an individual who—

(A)

was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but

(B)

as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of title 10, United States Code, or other process as determined by the Secretary, did not participate in one or more days in the program for which the individual was so eligible due to Government error.

(b)

Deceased individuals

(1)

Applications

If an individual otherwise covered by subsection (a) is deceased, the application required by that subsection shall be made by the individual's legal representative.

(2)

Payment

If an individual to whom payment would be made under subsection (a) is deceased at time of payment, payment shall be made in the manner specified in section 1552(c)(2) of title 10, United States Code, or other process as determined by the Secretary concerned.

(c)

Payment in lieu of administrative absence

Payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day.

(d)

Construction

(1)

Construction with other pay

Any payment with respect to an individual under subsection (a) is in addition to any other pay provided by law.

(2)

Construction of authority

It is the sense of Congress that—

(A)

the sole purpose of the authority in this section is to remedy administrative errors; and

(B)

the authority in this section is not intended to establish any entitlement in connection with the Post-Deployment/Mobilization Respite Absence program.

(e)

Definitions

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

B

Bonuses and Special and Incentive Pays

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.

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.

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.

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.

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.

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.

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..

C

Travel and Transportation Allowances

621.

Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated

(a)

Travel and transportation allowances generally

Section 474 of title 37, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (4), by striking and at the end;

(B)

in paragraph (5), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(6)

upon filling a vacancy in a Selected Reserve unit at a duty station that is more than 150 miles from the member’s residence if—

(A)

during the preceding three years the member was involuntarily separated under other than adverse conditions (as characterized by the Secretary concerned) while assigned to a unit of the Selected Reserve certified by the Secretary concerned as having been adversely affected by force structure reductions during the period beginning on October 1, 2012, and ending on December 31, 2018;

(B)

the involuntary separation occurred during the period beginning on October 1, 2012, and ending on December 31, 2018; and

(C)

the member is—

(i)

qualified in a skill designated as critically short by the Secretary concerned; or

(ii)

filling a vacancy in a Selected Reserve unit with a critical manpower shortage, or in a pay grade with a critical manpower shortage in such unit.

;

(2)

in subsection (f), by adding at the end the following new paragraph:

(4)
(A)

A member may be provided travel and transportation allowances under subsection (a)(6) only with respect to the filling of a vacancy in a Selected Reserve unit one time.

(B)

Regulations under this section shall provide that whenever travel and transportation allowances are paid under subsection (a)(6), the cost shall be borne by the unit filling the vacancy.

; and

(3)

in subsection (j), by inserting (except subsection (a)(6)) after In this section.

(b)

Travel and transportation allowances for dependents and household effects

Section 476 of such title is amended—

(1)

by redesignating subsections (l), (m), and (n) as subsections (m), (n), and (o), respectively; and

(2)

by inserting after subsection (k) the following new subsection (l):

(l)
(1)

A member described in paragraph (2) is entitled to the travel and transportation allowances, including allowances with respect to dependents, authorized by this section upon filling a vacancy as described in that paragraph as if the member were undergoing a permanent change of station under orders in filling such vacancy.

(2)

A member described in this paragraph is a member who is filling a vacancy in a Selected Reserve unit at a duty station that is more than 150 miles from the member’s residence if—

(A)

during the three years preceding filling the vacancy, the member was involuntarily separated under other than adverse conditions (as characterized by the Secretary concerned) while assigned to a unit of the Selected Reserve certified by the Secretary concerned as having been adversely affected by force structure reductions during the period beginning on October 1, 2012, and ending on December 31, 2018;

(B)

the involuntary separation occurred during the period beginning on October 1, 2012, and ending on December 31, 2018; and

(C)

the member is—

(i)

qualified in a skill designated as critically short by the Secretary concerned; or

(ii)

filling a vacancy in a Selected Reserve unit with a critical manpower shortage, or in a pay grade with a critical manpower shortage in such unit.

(3)

Any allowances authorized by this section that are payable under this subsection may be payable in advance if payable in advance to a member undergoing a permanent change of station under orders under the applicable provision of this section.

.

622.

Authority for comprehensive program for space-available travel on Department of Defense aircraft

(a)

Program authorized

Section 2641b of title 10, United States Code, is amended to read as follows:

2641b.

Space-available travel on Department of Defense aircraft: program authorized and eligible recipients

(a)

Authority to establish program

(1)

The Secretary of Defense may establish a program (in this section referred to as the travel program) to provide transportation on Department of Defense aircraft on a space-available basis to the categories of individuals eligible under subsection (c).

(2)

If the Secretary makes a determination to establish the travel program, the Secretary shall prescribe regulations for the operation of the travel program not later than one year after the date on which the determination was made. The regulations shall take effect on that date or such earlier date as the Secretary shall specify in the regulations.

(3)

Not later than 30 days after making the determination to establish the travel program, the Secretary shall submit to the congressional defense committees an initial implementation report describing—

(A)

the basis for the determination;

(B)

any additional categories of individuals to be eligible for the travel program under subsection (c)(5);

(C)

how the Secretary will ensure that the travel program is established and operated in compliance with the conditions specified in subsection (b); and

(D)

the metrics by which the Secretary will monitor the travel program to determine the efficient and effective execution of the travel program.

(b)

Conditions on establishment and operation

(1)

The Secretary of Defense shall operate the travel program in a budget-neutral manner.

(2)

No additional funds may be used, or flight hours performed, for the purpose of providing transportation under the travel program.

(c)

Eligible individuals

Subject to subsection (d), the Secretary of Defense shall provide transportation under the travel program (if established) to the following categories of individuals:

(1)

Members of the armed forces on active duty.

(2)

Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card.

(3)

Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.

(4)

Such categories of dependents of individuals described in paragraphs (1) through (3) as the Secretary shall specify in the regulations under subsection (a), under such conditions and circumstances as the Secretary shall specify in such regulations.

(5)

Such other categories of individuals as the Secretary, in the discretion of the Secretary, considers appropriate.

(d)

Priorities and restrictions

In operating the travel program, the Secretary of Defense shall—

(1)

in the sole discretion of the Secretary, establish an order of priority for transportation under the travel program for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;

(2)

give priority in consideration of transportation under the travel program to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and

(3)

implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the travel program to one or more categories of otherwise eligible individuals if considered necessary by the Secretary.

(e)

Special priority for retired members residing in Commonwealths and possessions of the United States who need certain health care services

(1)

Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary of Defense shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 traveling on environmental and morale leave.

(2)

Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who—

(A)

resides in or is located in a Commonwealth or possession of the United States; and

(B)

is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession.

(3)

If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of this title by reason of being under the eligibility age applicable under section 12731 of this title, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of this title.

(4)

The priority for space-available transportation required by this subsection applies with respect to both—

(A)

the travel from the Commonwealth or possession of the United States to receive the specialty care services; and

(B)

the return travel.

(5)

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

(6)

In this subsection, the terms primary care provider and specialty care provider refer to a medical or dental professional who provides health care services under chapter 55 of this title.

(f)

Construction

The authority to provide transportation under the travel program is in addition to any other authority under law to provide transportation on Department of Defense aircraft on a space-available basis.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 157 of such title is amended by striking the item relating to section 2641b and inserting the following new item:

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

.

D

Benefits and Services for Members Being Separated or Recently Separated

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.

632.

Transitional use of military family housing

(a)

Resumption of authority to authorize transitional use