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

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).

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).

Report described

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

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

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

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

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.

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

intends to use the funding for that purpose.

maximize planned work in shops and early stages of construction;

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

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

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

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

increase overall ship completion levels at each key construction event;

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

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

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

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.

all relevant records of the Department; and

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

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.

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.

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

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

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.

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

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

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

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;

the next generation amphibious assault ships should maintain survivability protection;

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

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

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.

Matters included

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

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).

Form

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

is stored in flyable condition;

can be returned to service; and

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.

The term mobility means the—

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.

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).

CNS/ATM program

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:

Matters included

The cost-benefit analysis conducted under paragraph (1) shall take into account—

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—

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.

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.

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.

Exclusion

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

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.

Adjustment

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

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

The type and duration of the contract awarded.

The total contract value.

The funding profile by year.

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.

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

a report describing the acquisition strategy for such program; and

written certification that such strategy—

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

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

The number of years covered by such contract.

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.

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

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

Review

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

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—

The congressional defense committees.

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

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

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

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

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

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.

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.

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

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

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.

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.

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

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.

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

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

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

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

tactical manned intelligence, surveillance, and reconnaissance aircraft; and

unmanned aerial vehicles.

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:

Factors to consider

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

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.

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.

Classified annex

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

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

The term appropriate congressional committees means—

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

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

the Secretary—

a period of 5 days elapses after the date on which the Secretary makes such notification under paragraph (1)(B).

Mechanisms for establishing agile prototyping practices and programs, including rotorcraft X-planes, and an identification of the resources required for such purposes.

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.

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.

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.

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).

the Director of Cost Assessment and Program Evaluation completes the evaluation under subsection (b)(1); and

the terms of reference for the evaluation under subsection (b)(1)(B) are—

In general

The Director of Cost Assessment and Program Evaluation shall perform—

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—

Evaluation

In conducting the evaluation under paragraph (1)(B), the Director of Cost Assessment and Program Evaluation shall—

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.

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).

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.

Submission

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

Terms of reference

The Comptroller General of the United States shall provide to the congressional defense committees—

Comprehensive PTSS Assessment

The Comptroller General shall further provide to the congressional defense committees—

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—

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.

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.

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.

Form

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

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.

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.

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.

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

notify the congressional defense committees when such contingency plan has been developed.

it is a national priority to defend the United States homeland against the threat of limited ballistic missile attack (whether accidental, unauthorized, or deliberate);

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;

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;

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;

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;

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;

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

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.

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.

Elements of report

The report required by paragraph (1) shall include the following:

Form of report

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

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.

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.

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;

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;

the United States has an obligation to meet its security commitments to its allies, including ballistic missile defense commitments;

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;

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;

the Department of Defense—

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

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.

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.

Elements of report

The report required by paragraph (1) shall include the following:

Form

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

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

submit to such committees a written report on such views as soon as practicable after the date of the briefing under paragraph (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.

National contributions of missile defense capabilities to NATO.

Agreements to host missile defense facilities in the territory of the member state.

Contributions in the form of providing support, including security, for missile defense facilities in the territory of the member state.

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.

A discussion of whether there are other opportunities for future contributions, financial and otherwise, to missile defense by members of NATO.

Any other matters the Secretary determines appropriate.

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.

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—

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.

Any additional matters the Secretary determines appropriate.

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

submit to such committees a written report on such views as soon as practicable after the date of the briefing under paragraph (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..

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..

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..

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)...;

defenses against ballistic missiles are essential for new deterrent strategies and for new strategies should deterrence fail;

further limitations on the missile defense capabilities of the United States are not in the national security interest of the United States;

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;

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

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..

A plan for the mission packages demonstrating that preliminary design review for every capability increment precedes Milestone B or equivalent approval for that increment.

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.

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.

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).

Matters included

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

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.

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—

the date that is 60 days after the date of the completion of the study referred to in subsection (a); or

February 1, 2013.

cyber science and technology;

autonomy, command and control, and decision support technologies;

connectivity and dissemination technologies; and

processing and exploitation technologies.

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.

A strategy to transition the results of the science and technology priorities described in paragraph (1) into weapon systems, including cyber tools.

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).

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).

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;

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

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

the costs and benefits of maintaining such educational institutions, including costs relating to in-house research;

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

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

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.

the participation of the Department of Defense in regional advanced technology clusters, including the number of—

implementation by the Department of processes and tools to facilitate collaboration with the clusters;

agreements established by the Department with the Department of Commerce to jointly support the continued growth of the clusters;

methods to evaluate the effectiveness of technology cluster policies;

any additional required authorities and any impediments to supporting regional advanced technology clusters; and

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.

The term appropriate congressional committees means—

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.

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.

Elements

The guidance issued pursuant to paragraph (1) shall address, at a minimum, the following:

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.

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.

Elements

The briefing required by paragraph (1) shall include, at a minimum, the following:

The status of each of the targets listed in the implementation plan.

The steps being taken to meet the targets.

The expected date of completion for each target, if the date is different from the date indicated in the implementation plan.

The reason for any delays in meeting the targets.

by striking subsection (a) and inserting the following new subsection:

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,.

in subsection (d), by striking 2013 and inserting 2018; and

in subsection (e), by striking 2014 and inserting 2019.

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)).

Section 2464 of title 10, United States Code (as amended by section 327 of the National Defense Authorization Act for Fiscal Year 2012).

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.

Core logistics capabilities

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 .

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.

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 .

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;

in subsection (d)—

in subsection (e)—

by inserting retrofit, modernization, upgrade, or rebuild of a before component; and

by striking reliability and maintainability and inserting reliability, availability, and maintainability.

in paragraph (2), by striking 2012 and inserting 2017; and

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

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.

Sufficiency review

Not later than 90 days after receiving the report under paragraph (1), the Comptroller General shall—

Study and report required

Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall—

Elements of study

The study required by paragraph (1) shall include an assessment of—

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;

to identify vulnerabilities to the C4ISR systems of the United States that could result in a C4ISR-denied environment;

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;

to determine which types of joint operations could be feasible in an environment in which access to C4ISR systems is restricted or denied;

to conduct training and exercises for sustaining combat and logistics operations in C4ISR-denied environments; and

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.

the development of alternatives to satellite communications, classified Internet protocol-based networks, and GPS for logistics, intelligence, surveillance, reconnaissance, and combat operations; and

methods to mitigate dependency on satellite communications, classified Internet protocol-based networks, and GPS;

methods to protect vulnerable satellite communications, classified Internet protocol-based networks, and GPS; and

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.

Procurement.

Operation and maintenance.

Research, development, testing, and evaluation.

Military construction.

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.

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—

Composition

The Commission shall be composed of eight members, of whom—

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.

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.

Expertise

In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy.

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.

Considerations

In considering the structure of the Air Force, the Commission shall give particular consideration to evaluating a structure that—

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.

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.

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

by inserting after subsection (e) the following new subsection (f):

In general

Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:

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:

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.

The extent to which such guidance, policies, and procedures contribute to the safe, timely, and cost-effective handling of such material.

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.

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.

The congressional defense committees.

The Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

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.

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.

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 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).

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.

Mission assessment

Not later than October 1, 2013, the Secretary of Defense shall—

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—

The Army National Guard of the United States, 358,200.

The Army Reserve, 205,000.

The Navy Reserve, 62,500.

The Marine Corps Reserve, 39,600.

The Air National Guard of the United States, 105,700.

The Air Force Reserve, 70,880.

The Coast Guard Reserve, 9,000.

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

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.

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:

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2013, may not exceed 595.

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.

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.

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.

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.

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.

A plan for the transition of the member to civilian life, including with respect to employment, education, and health care.

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.

A point of contact for each agency or entity that can provide the transition services described in paragraph (2).

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.

In general

Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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—

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.

in subsection (a)(1), by inserting and members on active Guard and Reserve duty after officers and enlisted members of the regular components;

by redesignating subsection (l) as subsection (m); and

by inserting after subsection (k) the following new subsection (l):

in the subsection heading, by striking Medical and Dental Care and inserting Continued Entitlements;

by striking for purposes of the entitlement and inserting “for purposes of—

by striking the period at the end and inserting ; and; and

by adding at the end the following new paragraph:

Medical Evaluation Boards.

Physical Evaluation Boards.

Physical Evaluation Board Liaison Officers.

To ensure accuracy and consistency in the determinations and decisions of Medical Evaluation Boards and Physical Evaluation Boards.

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.

Such other objectives as the Secretary shall specify for purposes of the quality assurance program.

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.

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).

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

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.

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).

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.

The number of members covered by paragraph (1) who completed transition assistance programs relating to future employment.

The average number of months members covered by paragraph (1) were deployed to overseas contingency operations, separately set forth by grade.

A detailed analysis of the reasons for persistently lower average education and training and promotion rates for Air Force pilots of remotely piloted aircraft.

An assessment of the long-term impact on the Air Force of the sustainment of such lower rates.

A plan to raise such rates, including—

the readiness of that Armed Force to meet on-going mission requirements; and

dwell time for other members of that Armed Force.

in the first sentence, by striking detailed and inserting appointed by the President, by and with the advice and consent of the Senate,; and

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..

by redesignating subsection (c) as subsection (d); and

by inserting after subsection (b) the following new subsection (c):

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

by inserting after paragraph (3) the following new paragraph (4):

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.

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.

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.

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.

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

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).

An evaluation of the definition of hazing contained in the Secretary of Defense Policy Memorandum dated August 28, 1997.

A discussion of the policies of the Armed Force for preventing and responding to incidents of hazing.

A description of the methods implemented to track and report, including report anonymously, incidents of hazing in the Armed Force.

An assessment by the Secretary submitting the report of the following:

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.

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.

to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

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.

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:

Effective date

The transfer of responsibility and authority for operation and administration of the Troops-to-Teachers Program under paragraph (1) shall take effect—

In general

Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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.

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.

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—

by striking and at the end of paragraph (1);

by redesignating paragraph (2) as paragraph (3); and

by inserting after paragraph (1) the following new paragraph:

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.

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.

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.

A description of the similarities and differences between the educational transcripts issued to members separating from the each of the Armed Forces.

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.

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.

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.

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:

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.

Elements

The report required by paragraph (1) shall include an assessment of the following:

Definitions

In this subsection:

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:

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.

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.

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.

in paragraph (1), by striking or at the end;

in paragraph (2), by striking the period at the end and inserting ; or; and

by adding at the end the following new paragraph:

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.

The cost-effectiveness and unit productivity of the current Reserve Officers' Training Corps programs.

The adequacy of current oversight and criteria for the establishment and disestablishment of units of the Reserve Officers' Training Corps.

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.

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).

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.

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.

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.

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.

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.

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.

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).

by striking subsection (e); and

by redesignating subsection (f) as subsection (e).

in section 8002 (20 U.S.C. 7702)—

by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) and inserting the following:

in section 8010 (20 U.S.C. 7710)—

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.

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.

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.

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.

in subsection (f), by adding at the end the following new paragraph:

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.

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.

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.

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.

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.

by striking harassment and discrimination and inserting harassment, assault, and discrimination;

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); respectively;

by inserting after paragraph (1) the following new paragraph (2):

in paragraph (4), as so redesignated, by striking discrimination and inserting discrimination, harassment, and assault; and

by adding at the end the following new paragraph:

in subsection (a)(1), by striking four quadrennial surveys (each in a separate year) and inserting four surveys; and

by striking subsection (d) and inserting the following new subsection:

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.

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 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.

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.

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.

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:

Retention of records

The Secretary of Defense shall require that—

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).

Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).

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).

investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses; and

providing support for the victims of such offenses.

investigators from the Army Criminal Investigative Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigations;

judge advocates;

victim witness assistance personnel; and

administrative paralegal support personnel.

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.

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).

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—

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).

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

require the Secretaries of the military departments to collect and report the data used to measure such effectiveness and impact.

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.

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.

Composition

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.

Chair

The chair of each panel shall be appointed by the Secretary of Defense from among the members of the panel.

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.

Deadline for appointments

Meetings

A panel shall meet at the call of the chair.

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.

Response systems panel

The panel established under subsection (a)(1) shall terminate upon the earlier of the following:

Judicial proceedings panel

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:

Judicial proceedings panel

The panel required by subsection (a)(2) shall perform the following duties: