[Congressional Record Volume 158, Number 163 (Tuesday, December 18, 2012)]
[House]
[Pages H6869-H7263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 4310, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2013

  Mr. McKEON submitted the following conference report and statement on 
the bill (H.R. 4310) 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.

                  Conference Report (H. Rept. 112-705)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4310), 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, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                       Subtitle B--Army Programs

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

                       Subtitle C--Navy Programs

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

[[Page H6870]]

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.

[[Page H6871]]

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.

[[Page H6872]]

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.

[[Page H6873]]

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.

[[Page H6874]]

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.

[[Page H6875]]

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.

[[Page H6876]]

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.

[[Page H6877]]

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.

[[Page H6878]]

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.

     SEC. 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.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

[[Page H6879]]

                       Subtitle B--Army Programs

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

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

                       Subtitle B--Army Programs

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

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

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

       (a) Reports.--
       (1) Initial report.--Not later than March 31, 2013, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report described in paragraph (3).
       (2) Annual reports.--Not later than October 31, 2013, and 
     each year thereafter through 2017, the Secretary shall submit 
     to the congressional defense committees a report described in 
     paragraph (3).
       (3) Report described.--A report described in this paragraph 
     is a report on the time-sensitive or mission-critical airlift 
     requirements of the Army.
       (b) Matters Included.--The reports submitted under 
     subsection (a) shall include, with respect to the fiscal year 
     before the fiscal year in which the report is submitted, the 
     following information:
       (1) The total number of time-sensitive or mission-critical 
     airlift movements required for training, steady-state, and 
     contingency operations.
       (2) The total number of time-sensitive or mission-critical 
     airlift sorties executed for training, steady-state, and 
     contingency operations.
       (3) Of the total number of sorties listed under paragraph 
     (2), the number of such sorties that were operated using each 
     of--
       (A) aircraft of the Army;
       (B) aircraft of the Air Force;
       (C) aircraft of contractors; and
       (D) aircraft of other organizations not described in 
     subparagraph (A), (B), or (C).
       (4) For each sortie described under subparagraph (A), (C), 
     or (D) of paragraph (3), an explanation for why the Secretary 
     did not use aircraft of the Air Force to support the mission.

                       Subtitle C--Navy Programs

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

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

     SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS 
                   SUBMARINE PROGRAM.

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

     SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE 
                   CLASS DESTROYERS AND ASSOCIATED SYSTEMS.

       (a) Authority for Multiyear Procurement.--Subject to 
     section 2306b of title 10, United States Code, the Secretary 
     of the Navy may enter into one or more multiyear contracts, 
     beginning with the fiscal year 2013 program year, for the 
     procurement of up to 10 Arleigh Burke class Flight IIA guided 
     missile destroyers, as well as the Aegis weapon systems, MK 
     41 vertical launching systems, and commercial broadband 
     satellite systems associated with such vessels.
       (b) Authority for Advance Procurement.--The Secretary may 
     enter into one or more contracts, beginning in fiscal year 
     2013, for advance procurement associated with the vessels and 
     systems for which authorization to enter into a multiyear 
     procurement contract is provided under subsection (a).
       (c) Condition for Out-Year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2013 is subject 
     to the availability of appropriations or funds for that 
     purpose for such later fiscal year.

     SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND 
                   FORD CLASS AIRCRAFT CARRIER.

       (a) 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;

[[Page H6880]]

       (4) increase the size of erection units to eliminate 
     disruptive unit breaks and improve unit alignment and 
     fairness;
       (5) increase outfitting levels for assembled units before 
     erection in the dry dock;
       (6) increase overall ship completion levels at each key 
     construction event;
       (7) improve facilities in a manner that will lead to 
     improved productivity; and
       (8) ensure the shipbuilder initiates plans that will 
     improve productivity through capital improvements that would 
     provide targeted return on investment, including--
       (A) increasing the amount of temporary and permanent 
     covered work areas;
       (B) adding ramps and service towers for improved access to 
     work sites and the dry dock; and
       (C) increasing lift capacity to enable construction of 
     larger, more fully outfitted super-lifts.

     SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. 
                   ABRAHAM LINCOLN.

       (a) Amount Authorized From SCN Account.--Of the funds 
     authorized to be appropriated for fiscal year 2013 by section 
     101 and available for shipbuilding and conversion as 
     specified in the funding table in section 4101, 
     $1,517,292,000 is authorized to be available for the 
     commencement of the nuclear refueling and complex overhaul of 
     the U.S.S. Abraham Lincoln (CVN-72) during fiscal year 2013. 
     The amount authorized to be made available in the preceding 
     sentence is the first increment in the two-year sequence of 
     incremental funding planned for the nuclear refueling and 
     complex overhaul of that vessel.
       (b) Contract Authority.--The Secretary of the Navy may 
     enter into a contract during fiscal year 2013 for the nuclear 
     refueling and complex overhaul of the U.S.S. Abraham Lincoln.
       (c) Condition for Out-Year Contract Payments.--A contract 
     entered into under subsection (b) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2013 is subject 
     to the availability of appropriations for that purpose for 
     that later fiscal year.

     SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL 
                   COMBAT SHIP AS A MAJOR DEFENSE ACQUISITION 
                   PROGRAM.

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

     SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS.

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

     SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT SHIP 
                   PROGRAM.

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

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

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

     SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC 
                   SUBMARINES.

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

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

       (a) Findings.--Congress finds the following:
       (1) The Marine Corps is a combat force that leverages 
     maneuver from the sea as a force multiplier allowing for a 
     variety of operational tasks ranging from major combat 
     operations to humanitarian assistance.
       (2) The Marine Corps is unique in that, while embarked upon 
     naval vessels, they bring all the logistic support necessary 
     for the full range of military operations and, operating 
     ``from the sea'', they require no third-party host nation 
     permission to conduct military operations.
       (3) The Navy has a requirement for 38 amphibious assault 
     ships to meet this full range of military operations.
       (4) Due only to fiscal constraints, that requirement of 38 
     vessels was reduced to 33 vessels, which adds military risk 
     to future operations.
       (5) The Navy has been unable to meet even the minimal 
     requirement of 30 operationally available vessels and has 
     submitted a shipbuilding and ship retirement plan to Congress 
     that will reduce the force to 28 vessels.
       (6) Experience has shown that early engineering and design 
     of naval vessels has significantly reduced the acquisition 
     costs and life-cycle costs of those vessels.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense should carefully evaluate the 
     maritime force structure necessary to execute demand for 
     forces by the commanders of the combatant commands;
       (2) the Navy should carefully evaluate amphibious lift 
     capabilities to meet current and projected requirements;
       (3) the Navy should consider prioritization of investment 
     in and procurement of the next generation of amphibious 
     assault ships as a component of the balanced battle force;
       (4) the next generation amphibious assault ships should 
     maintain survivability protection;
       (5) operation and maintenance requirements analysis, as 
     well as the potential to leverage a common hull form design, 
     should be considered to reduce total ownership cost and 
     acquisition cost; and
       (6) maintaining a robust amphibious ship building 
     industrial base is vital for the future of the national 
     security of the United States.

     SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY 
                   FISCAL YEAR 2014 BUDGET REQUEST FOR TACTICAL 
                   AVIATION AIRCRAFT.

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

                     Subtitle D--Air Force Programs

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

       (a) Reduction in Inventory Requirement.--Section 8062(g)(1) 
     of title 10, United States Code, is amended by adding at the 
     end the following new sentence: ``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

[[Page H6881]]

     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.

     SEC. 142. RETIREMENT OF B-1 BOMBER AIRCRAFT.

       (a) In General.--Section 8062 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h)(1) Beginning October 1, 2011, the Secretary of the 
     Air Force may not retire more than six B-1 aircraft.
       ``(2) The Secretary shall maintain in a common capability 
     configuration not less than 36 B-1 aircraft as combat-coded 
     aircraft.
       ``(3) In this subsection, the term `combat-coded aircraft' 
     means aircraft assigned to meet the primary aircraft 
     authorization to a unit for the performance of its wartime 
     mission.''.
       (b) Conforming Amendment.--Section 132 of the National 
     Defense Authorization Act for Fiscal Year 2012 (Public Law 
     112-81; 125 Stat. 1320) is amended by striking subsection 
     (c).

     SEC. 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.

     SEC. 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.

[[Page H6882]]

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

               Subtitle E--Joint and Multiservice Matters

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

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

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

       (a) Contract Authority.--
       (1) In general.--The Secretary of the Air Force may procure 
     two space-based infrared systems satellites by entering into 
     a fixed-price contract. Such procurement may also include--
       (A) material and equipment in economic order quantities 
     when cost savings are achievable; and
       (B) cost-reduction initiatives.
       (2) Use of incremental funding.--With respect to a contract 
     entered into under paragraph (1) for the procurement of 
     space-based infrared systems satellites, the Secretary may 
     use incremental funding for a period not to exceed six fiscal 
     years.
       (3) Liability.--A contract entered into under paragraph (1) 
     shall provide that any obligation of the United States to 
     make a payment under the contract is subject to the 
     availability of appropriations for that purpose, and that the 
     total liability to the Government for termination of any 
     contract entered into shall be limited to the total amount of 
     funding obligated at the time of termination.
       (b) Limitation of Costs.--
       (1) Limitation.--Except as provided by subsection (c), and 
     excluding amounts described in paragraph (2), the total 
     amount obligated or expended for the procurement of two 
     space-based infrared systems satellites authorized by 
     subsection (a) may not exceed $3,900,000,000.
       (2) Exclusion.--The amounts described in this paragraph are 
     amounts associated with the following:
       (A) Plans.
       (B) Technical data packages.
       (C) Post delivery and program support costs.
       (D) Technical support for obsolescence studies.
       (c) Waiver and Adjustment to Limitation Amount.--
       (1) 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.

     SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED 
                   EXPENDABLE LAUNCH VEHICLE PROGRAM.

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

     SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
                   OF RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS.

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

     SEC. 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--

[[Page H6883]]

       (1) establish the initial operational capability dates for 
     the F-35B and F-35C aircraft; and
       (2) submit to the congressional defense committees a report 
     on the details of such initial operational capabilities for 
     both variants.

     SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.

       (a) Initial Report.--Not later than 90 days after the date 
     of the enactment of this Act, the Assistant Secretary of 
     Defense for Special Operations and Low-Intensity Conflict, in 
     coordination with the Commander of the United States Special 
     Operations Command, shall submit to the congressional defense 
     committees a report setting forth the following:
       (1) A description of all efforts under the Shallow Water 
     Combat Submersible program and the United States Special 
     Operations Command to improve the accuracy of the tracking of 
     the schedule and costs of the program.
       (2) The revised timeline for the initial and full 
     operational capability of the Shallow Water Combat 
     Submersible, including details outlining and justifying the 
     revised baseline to the program.
       (3) Current cost estimates to meet the basis of issue 
     requirement under the program.
       (4) An assessment of existing program risk through the 
     completion of operational testing.
       (b) Subsequent Reports.--
       (1) Quarterly reports required.--The Assistant Secretary, 
     in coordination with the Commander of the United States 
     Special Operations Command, shall submit to the congressional 
     defense committees on a quarterly basis updates on the 
     schedule and cost performance of the contractor of the 
     Shallow Water Combat Submersible program, including metrics 
     from the earned value management system.
       (2) Sunset.--The requirement in paragraph (1) shall cease 
     on the date the Shallow Water Combat Submersible has 
     completed operational testing and has been found to be 
     operationally effective and operationally suitable.

     SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE, 
                   SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT AND 
                   UNMANNED AERIAL VEHICLES USE SPECIFIED STANDARD 
                   DATA LINK.

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

     SEC. 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.

         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.

[[Page H6884]]

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.

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

       The Secretary of the Air Force shall ensure that the next-
     generation long-range strike bomber is--
       (1) capable of carrying strategic nuclear weapons as of the 
     date on which such aircraft achieves initial operating 
     capability; and
       (2) certified to use such weapons by not later than two 
     years after such date.

     SEC. 212. 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''.

     SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A 
                   ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-
                   PURPOSE VERTICAL TAKEOFF AND LANDING UNMANNED 
                   AIRCRAFT SYSTEM.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2013 for research, development, test, and 
     evaluation, Army, may be obligated or expended for Milestone 
     A activities with respect to a medium-range multi-purpose 
     vertical take-off and landing unmanned aircraft system 
     until--
       (1) 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.

     SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE 
                   PROGRAM.

       (a) Competitive Procedures.--Except as provided by 
     subsection (b), the Secretary of Defense shall ensure that 
     any funds authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2013 for activities 
     of the conventional prompt global strike program are 
     obligated or expended using competitive solicitation 
     procedures to involve industry as well as government partners 
     to the extent feasible.
       (b) Waiver.--The Secretary may waive the requirement to use 
     competitive solicitation procedures under subsection (a) if--
       (1) the Secretary--
       (A) 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).

     SEC. 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).

     SEC. 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.

[[Page H6885]]

       (3) Approaches, including potential competitive prize 
     awards, to encourage the development of advanced rotorcraft 
     capabilities to address challenge problems such as nap-of-
     earth automated flight, urban operation near buildings, slope 
     landings, automated autorotation or power-off recovery, and 
     automated selection of landing areas.

                  Subtitle C--Missile Defense Programs

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

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

     SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE 
                   ROCKET DEFENSE PROGRAM.

       Of the funds authorized to be appropriated for fiscal year 
     2013 by section 201 for research, development, test, and 
     evaluation, Defense-wide, and available for the Missile 
     Defense Agency, $211,000,000 may be provided to the 
     Government of Israel for the Iron Dome short-range rocket 
     defense program as specified in the funding table in section 
     4201.

     SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON 
                   SYSTEM ASSETS BETWEEN AND WITHIN THE DDG-51 
                   CLASS DESTROYER AND AEGIS ASHORE PROGRAMS IN 
                   ORDER TO MEET MISSION REQUIREMENTS.

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

     SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION 
                   TRACKING SPACE SYSTEM.

       (a) Limitation.--Of the funds authorized to be appropriated 
     by this Act or otherwise made available for fiscal year 2013 
     for the Missile Defense Agency for the precision tracking 
     space system, not more than 75 percent may be obligated or 
     expended until the date on which--
       (1) the Director of Cost Assessment and Program Evaluation 
     completes the evaluation under subsection (b)(1); and
       (2) the terms of reference for the evaluation under 
     subsection (b)(1)(B) are--
       (A) approved by the Missile Defense Executive Board, in 
     coordination with the Defense Space Council; and
       (B) submitted to the congressional defense committees.
       (b) Independent Cost Estimate and Evaluation of 
     Alternatives Required.--
       (1) In general.--The Director of Cost Assessment and 
     Program Evaluation shall perform--
       (A) an independent cost estimate for the precision tracking 
     space system; and
       (B) a comprehensive assessment evaluation of alternatives 
     for such system.
       (2) Basis of evaluation.--The evaluation under paragraph 
     (1)(B) shall be based on a clear articulation by the Director 
     of the Missile Defense Agency of--
       (A) the space-based and ground-based sensors that will be 
     required to be maintained to aid the precision tracking space 
     system constellation;
       (B) the number of satellites to be procured for a first 
     constellation, including the projected lifetime of such 
     satellites in the first constellation, and the number 
     projected to be procured for a first and, if applicable, 
     second replenishment;
       (C) the technological and acquisition risks of such system, 
     including systems engineering and ground system development;
       (D) an evaluation of the technological capability 
     differences between the precision tracking space system 
     tracking sensor and the space tracking and surveillance 
     system tracking sensor;
       (E) the cost differences, as confirmed by the Director of 
     Cost Assessment and Program Evaluation, between such systems, 
     including costs relating to launch services; and
       (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).

     SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE.

       (a) Plan for Next Generation Kill Vehicle.--The Director of 
     the Missile Defense Agency shall develop a long-term plan for 
     the exo-atmospheric kill vehicle that addresses both 
     modifications and enhancements to the current exo-atmospheric 
     kill vehicle and options for the competitive development of a 
     next generation exo-atmospheric kill vehicle for the ground-
     based interceptor of the ground-based midcourse defense 
     system and any other interceptor that might be developed for 
     the defense of the United States against long-range ballistic 
     missiles.
       (b) Definition of Parameters and Capabilities.--

[[Page H6886]]

       (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.

     SEC. 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.

     SEC. 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.

     SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is a national priority to defend the United States 
     homeland against the threat of limited ballistic missile 
     attack (whether accidental, unauthorized, or deliberate);
       (2) the currently deployed ground-based midcourse defense 
     system, with 30 ground-based interceptors deployed in Alaska 
     and California, provides a level of protection of the United 
     States homeland;
       (3) it is essential for the ground-based midcourse defense 
     system to achieve the levels of reliability, availability, 
     sustainability, and operational performance that will allow 
     it to continue providing protection of the United States 
     homeland;
       (4) the Missile Defense Agency should, as its highest 
     priority, correct the problem that caused the December 2010 
     ground-based midcourse defense system flight test failure and 
     demonstrate the correction in flight tests before resuming 
     production of the capability enhancement-II kill vehicle, in 
     order to provide confidence that the system will work as 
     intended;
       (5) the Department of Defense should continue to enhance 
     the performance and reliability of the ground-based midcourse 
     defense system, and enhance the capability of the ballistic 
     missile defense system, to provide improved capability to 
     defend the homeland;
       (6) the Missile Defense Agency should have a robust, 
     rigorous, and operationally realistic testing program for the 
     ground-based midcourse defense system, including salvo 
     testing, multiple simultaneous engagement testing, and 
     operational testing;
       (7) the Department of Defense has taken a number of 
     prudent, affordable, cost-effective, and operationally 
     significant steps to hedge against the possibility of future 
     growth in the missile threat to the homeland from North Korea 
     and Iran; and
       (8) the Department of Defense should continue to evaluate 
     the evolving threat of limited ballistic missile attack, 
     particularly from countries such as North Korea and Iran, and 
     consider other possibilities for prudent, affordable, cost-
     effective, and operationally significant steps to improve the 
     posture of the United States to defend the homeland.
       (b) Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the status of efforts to improve the homeland ballistic 
     missile defense capability of the United States.
       (2) Elements of report.--The report required by paragraph 
     (1) shall include the following:
       (A) A detailed description of the actions taken or planned 
     to improve the reliability, availability, and capability of 
     the ground-based midcourse defense system, particularly the 
     exoatmospheric kill vehicle, and any other actions to improve 
     the homeland missile defense posture to hedge against 
     potential future growth in the threat of limited ballistic 
     missile attack (whether accidental, unauthorized, or 
     deliberate), particularly from countries such as North Korea 
     and Iran.
       (B) A description of any improvements achieved as a result 
     of the actions described in subparagraph (A).
       (C) A description of the results of the two planned flight 
     tests of the ground-based midcourse defense system (control 
     test vehicle flight test-1, and GMD flight test-06b) intended 
     to demonstrate the success of the correction of the problem 
     that caused the flight test failure of December 2010, and the 
     status of any decision to resume production of the capability 
     enhancement-II kill vehicle.
       (D) a detailed description of the planned roles and 
     requirements for the standard missile-3 block IIB interceptor 
     to augment the defense of the homeland, including the 
     capabilities needed to defeat long-range missiles that could 
     be launched from Iran to the United States;
       (E) Any other matters the Secretary considers appropriate.
       (3) Form of report.--The report shall be submitted in 
     unclassified form, but may include a classified annex.
       (c) Comptroller General Briefing and Report.--
       (1) Briefing.--Not later than 60 days after the date on 
     which the Secretary submits the report under subsection 
     (b)(1), the Comptroller General of the United States shall 
     brief the congressional defense committees with the views of 
     the Comptroller General on the report.
       (2) Report.--As soon as practicable after the date on which 
     the Comptroller General briefs the congressional defense 
     committees under paragraph (1), the Comptroller General shall 
     submit to such committees a report on the views included in 
     such briefing.

     SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE.

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

[[Page H6887]]

     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).

     SEC. 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.

     SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MIDCOURSE 
                   DEFENSE SYSTEM.

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

     SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE.

       (a) Findings.--Congress finds the following:
       (1) In a December 18, 2010, letter to the Senate 
     leadership, President Obama wrote that the North Atlantic 
     Treaty Organization (NATO) ``invited the Russian Federation 
     to cooperate on missile defense, which could lead to adding 
     Russian capabilities to those deployed by NATO to enhance our 
     common security against common threats. The Lisbon Summit 
     thus demonstrated that the Alliance's missile defenses can be 
     strengthened by improving NATO-Russian relations. This comes 
     even as we have made it clear that the system we intend to 
     pursue with Russia will not be a joint system, and it will 
     not in any way limit United States' or NATO's missile defense 
     capabilities.''.
       (2) In a February 2, 2011, message to the Senate concerning 
     its December 22, 2010, Resolution of Advice and Consent to 
     Ratification of the New START Treaty, President Obama 
     certified that ``It is the policy of the United States to 
     continue development and deployment of United States missile 
     defense systems to defend against missile threats from 
     nations such as North Korea and Iran, including qualitative 
     and quantitative improvements to such systems. As stated in 
     the Resolution, such systems include all phases of the Phased 
     Adaptive Approach to missile defense in Europe, the 
     modernization of the

[[Page H6888]]

     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.

     SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS OF 
                   THE HOMELAND DEFENSE HEDGING POLICY AND 
                   STRATEGY REPORT OF THE SECRETARY OF DEFENSE.

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

                          Subtitle D--Reports

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

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

     SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE 
                   MARINE CORPS.

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

     SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS 
                   ASSAULT VEHICLES FOR THE MARINE CORPS.

       (a) In General.--If the ongoing Marine Corps ground combat 
     vehicle fleet mix study recommends the acquisition of a 
     separate Marine Personnel Carrier, the Secretary of the Navy 
     and the Commandant of the Marine Corps shall jointly submit 
     to the congressional defense committees a report that 
     includes the following:
       (1) A detailed description of the capability gaps that 
     Marine Personnel Carriers are intended to mitigate and the 
     capabilities that the Marine Personnel Carrier will be 
     required to have to mitigate such gaps, and an assessment 
     whether, and to what extent, Amphibious Combat Vehicles could 
     mitigate such gaps.
       (2) A detailed explanation of the role of the Marine 
     Personnel Carriers in the operations of the Marine Corps, as 
     well as a comparative estimate of the acquisition and life-
     cycle costs of--
       (A) a fleet consisting of both Amphibious Combat Vehicles 
     and Marine Personnel Carriers; and
       (B) a fleet consisting of only Amphibious Combat Vehicles.
       (b) Submittal Date.--If required, the report under 
     subsection (a) shall be submitted not later than the later 
     of--
       (1) the date that is 60 days after the date of the 
     completion of the study referred to in subsection (a); or
       (2) February 1, 2013.

     SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY RESEARCH 
                   INVESTMENTS OF THE AIR FORCE.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report 
     detailing the investment strategy of the Air Force with 
     respect to the spectrum of--
       (1) cyber science and technology;
       (2) autonomy, command and control, and decision support 
     technologies;
       (3) connectivity and dissemination technologies; and
       (4) processing and exploitation technologies.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An identification of the near-, mid-, and far-term 
     science and technology priorities of the Air Force with 
     respect to cyber and information-related technologies and the 
     resources (including both funding and personnel) projected to 
     address these priorities.
       (2) A strategy to transition the results of the science and 
     technology priorities described in paragraph (1) into weapon 
     systems, including cyber tools.
       (3) A description of how the Air Force will recruit, train, 
     and retain a highly skilled workforce in cyber and 
     information-related technologies, including the use of the 
     authorities granted under the laboratory demonstration 
     program established by section 342 of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 2721), as most recently amended by section 1114 of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-315).
       (4) A description of laboratory infrastructure and research 
     facilities, including the Air Force Institute of Technology, 
     that are necessary for the accomplishment of the science and 
     technology priorities described in paragraph (1).

     SEC. 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

[[Page H6889]]

     in science, technology, engineering, mathematics, and 
     management, including a list of the numbers of such personnel 
     needed by discipline;
       (2) an analysis of the sources by which the Department of 
     Defense and the military departments obtain military and 
     civilian personnel with such advanced degrees;
       (3) the need for educational institutions under the 
     Department of Defense to meet the needs identified in 
     paragraph (1);
       (4) the costs and benefits of maintaining such educational 
     institutions, including costs relating to in-house research;
       (5) the ability of private institutions or distance-
     learning programs to meet the needs identified in paragraph 
     (1);
       (6) existing organizational structures, including reporting 
     chains, within the military departments to manage the 
     graduate education needs of the Department of Defense and the 
     military departments in the fields described in paragraph 
     (1); and
       (7) recommendations for improving the ability of the 
     Department of Defense to identify, manage, and source the 
     graduate education needs of the Department in such fields.
       (c) Report.--Not later than 30 days after the date on which 
     the review under subsection (a) is completed, the Secretary 
     shall submit to the congressional defense committees a report 
     on the results of such review.

                       Subtitle E--Other Matters

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

       (a) Eligibility of Institutions in Territories and 
     Possessions.--Section 2194(f) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) The term `United States' includes the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, and any other territory or possession of the United 
     States.''.
       (b) Technical Amendment.--Paragraph (2) of such section is 
     amended by inserting ``(20 U.S.C. 7801)'' before the period.

     SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

       (a) Development of Innovative Advanced Technologies.--The 
     Secretary of Defense may use the research and engineering 
     network of the Department of Defense, including the organic 
     industrial base, to support regional advanced technology 
     clusters established by the Secretary of Commerce to 
     encourage the development of innovative advanced technologies 
     to address national security and homeland defense challenges.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     appropriate congressional committees a report describing--
       (1) the participation of the Department of Defense in 
     regional advanced technology clusters, including the number 
     of--
       (A) clusters supported;
       (B) technologies developed and transitioned to acquisition 
     programs;
       (C) products commercialized;
       (D) small businesses trained;
       (E) companies started; and
       (F) research and development facilities shared;
       (2) implementation by the Department of processes and tools 
     to facilitate collaboration with the clusters;
       (3) agreements established by the Department with the 
     Department of Commerce to jointly support the continued 
     growth of the clusters;
       (4) methods to evaluate the effectiveness of technology 
     cluster policies;
       (5) any additional required authorities and any impediments 
     to supporting regional advanced technology clusters; and
       (6) the use of any agreements entered into under the 
     Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et 
     seq.) and any access granted to facilities of the Department 
     of Defense for research and development purposes.
       (c) Collaboration.--The Secretary of Defense may meet, 
     collaborate, and share resources with other Federal agencies 
     for purposes of assisting in the use and appropriate growth 
     of regional advanced technology clusters under this section.
       (d) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the congressional defense committees;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (C) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) The term ``regional advanced technology clusters'' 
     means geographic centers focused on building science and 
     technology-based innovation capacity in areas of local and 
     regional strength to foster economic growth and improve 
     quality of life.

     SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-
                   EFFECTIVENESS OF TRAINING EXERCISES FOR MEMBERS 
                   OF THE ARMED FORCES.

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                   Subtitle B--Energy and Environment

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

                 Subtitle C--Logistics and Sustainment

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

                         Subtitle D--Readiness

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

                          Subtitle E--Reports

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

           Subtitle F--Limitations and Extension of Authority

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

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

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

                       Subtitle H--Other Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2013 for the use of the

[[Page H6890]]

     Armed Forces and other activities and agencies of the 
     Department of Defense for expenses, not otherwise provided 
     for, for operation and maintenance, as specified in the 
     funding table in section 4301.

                   Subtitle B--Energy and Environment

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

       Section 366 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2522; 
     10 U.S.C. 113 note), as most recently amended by section 348 
     of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2159), is 
     amended--
       (1) in subsection (a)(5), by striking ``each of fiscal 
     years 2005 through 2013'' and inserting ``each fiscal year 
     through fiscal year 2018''; and
       (2) in subsection (c)(2), by striking ``fiscal years 2005 
     through 2013'' and inserting ``each fiscal year through 
     fiscal year 2018''.

     SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO 
                   ENTER INTO COOPERATIVE AGREEMENTS WITH INDIAN 
                   TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH 
                   MILITARY INSTALLATIONS AND STATE-OWNED NATIONAL 
                   GUARD INSTALLATIONS.

       (a) Inclusion of Indian Tribes.--Section 103A(a) of the 
     Sikes Act (16 U.S.C. 670c-1(a)) is amended in the matter 
     preceding paragraph (1) by inserting ``Indian tribes,'' after 
     ``local governments,''.
       (b) Indian Tribe Defined.--Section 100 of such Act (16 
     U.S.C. 670) is amended by adding at the end the following new 
     paragraph:
       ``(6) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.''.

     SEC. 313. 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.

     SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN 
                   FOR OPERATIONAL ENERGY STRATEGY.

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

     SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE 
                   FUNDS FROM DEFENSE PRODUCTION ACT OF 1950 FOR 
                   BIOFUEL REFINERY CONSTRUCTION.

       Amounts made available to the Department of Defense 
     pursuant to the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061 et seq.) for fiscal year 2013 for biofuels 
     production may not be obligated or expended for the 
     construction of a biofuel refinery until the Department of 
     Defense receives matching contributions from the Department 
     of Energy and equivalent contributions from the Department of 
     Agriculture for the same purpose.

     SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT OF 
                   DEFENSE AIRFIELDS, TRAINING AIRSPACE, AND AIR 
                   TRAINING ROUTES.

       It is the sense of Congress that--
       (1) Department of Defense airfields, training airspace, and 
     air training routes are critical national assets that must be 
     protected from encroachment or mission degradations to the 
     maximum extent practicable;
       (2) placement or emplacement of obstructions near or on 
     Department of Defense airfields, training airspace, or air 
     training routes has the potential of increasing risk to 
     military aircraft and personnel as well as impacting training 
     and readiness; and
       (3) in the context of a Department of Defense operational 
     risk assessment and the Department of Defense Siting 
     Clearinghouse, the Department of Defense should develop and 
     promulgate comprehensive guidance to assess the degree to 
     which the potential encroachment of a project significantly 
     impairs or degrades the capability of the Department to 
     conduct missions or maintain readiness to the extent of 
     presenting an unacceptable risk to national security with 
     strong consideration given to the input provided by the 
     military services.

                 Subtitle C--Logistics and Sustainment

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

       (a) Expansion.--Section 338 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     10 U.S.C. 5013 note), as most recently amended by section 329 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 67), is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Demonstration Project Authorized.--In accordance with 
     subsection 4703 of title 5, United States Code, the Secretary 
     of a military department may carry out a demonstration 
     project at facilities described in subsection (b) under which 
     workers who are certified at the journey level as able to 
     perform multiple trades shall be promoted by one grade 
     level.''; and
       (2) in subsection (b), by striking ``Logistics Center, Navy 
     Fleet Readiness Center,'' and inserting ``Logistics Complex, 
     Navy Fleet Readiness Center, Navy shipyard, Marine Corps 
     Logistics Base,''.
       (b) Reauthorization.--Such section is further amended--
       (1) in subsection (d), by striking ``2013'' and inserting 
     ``2018''; and
       (2) in subsection (e), by striking ``2014'' and inserting 
     ``2019''.

     SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS 
                   RELATING TO DEPOT-LEVEL MAINTENANCE AND CORE 
                   LOGISTICS CAPABILITIES.

       (a) Repeal.--The following provisions of law are hereby 
     repealed:
       (1) Section 2460 of title 10, United States Code (as 
     amended by section 321 of the National Defense Authorization 
     Act for Fiscal Year 2012 (Public Law 112-81)).
       (2) Section 2464 of title 10, United States Code (as 
     amended by section 327 of the National Defense Authorization 
     Act for Fiscal Year 2012).
       (b) Revival of Superseded Provisions.--
       (1) Definition of depot-level maintenance and repair.--The 
     provisions of section 2460 of title 10, United States Code, 
     as in effect on December 30, 2011 (the day before the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2012), are hereby revived.
       (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.''.

[[Page H6891]]

       (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.

     SEC. 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.

                         Subtitle D--Readiness

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

       (a) Agreements Authorized.--Chapter 137 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 2336. 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.''.

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

       (a) Expansion.--Section 330 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 68) is amended--
       (1) in subsection (a), by inserting ``, the Secretary of 
     the Navy, and the Secretary of the Air Force (in this section 
     referred to as the `Secretary concerned')'' after ``the 
     Secretary of the Army'';
       (2) in subsection (d)--
       (A) by inserting ``by the Secretary concerned'' after 
     ``submitted''; and
       (B) by inserting ``by the Secretary concerned'' after 
     ``used''; and
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``the Assistant Secretary 
     of the Army for Acquisition, Logistics, and Technology, in 
     consultation with the Assistant Secretary of the Army for 
     Financial Management and Comptroller,'' and inserting ``the 
     Secretary concerned''; and
       (B) in paragraph (2), by striking ``the Assistant Secretary 
     of the Army for Acquisition, Logistics, and Technology'' and 
     inserting ``the Secretary concerned''.
       (b) Covered Product Improvements.--Subsection (b) of such 
     section is amended--
       (1) by inserting ``retrofit, modernization, upgrade, or 
     rebuild of a'' before ``component''; and
       (2) by striking ``reliability and maintainability'' and 
     inserting ``reliability, availability, and maintainability''.
       (c) Limitation on Certain Projects.--Subsection (c)(1) of 
     such section is amended by striking ``performance envelope'' 
     and inserting ``capability''.
       (d) Reporting Requirement.--Subsection (e) of such section 
     is amended--
       (1) in paragraph (2), by striking ``2012'' and inserting 
     ``2017''; and
       (2) in paragraph (3), by striking ``60 days'' and inserting 
     ``45 days''.
       (e) Extension.--Subsection (f) of such section, as amended 
     by section 354 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1377), is 
     further amended by striking ``2014'' and inserting ``2018''.
       (f) Clerical Amendment.--The heading of such section is 
     amended by striking ``to army''.

     SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 
                   STUDY AND COMPTROLLER GENERAL STUDIES AND 
                   REPORTS ON STRATEGIC PORTS.

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

[[Page H6892]]

       (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.

                          Subtitle E--Reports

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

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

     SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND TRAINING 
                   IN A C4ISR-DENIED ENVIRONMENT.

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

     SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT OF 
                   DEFENSE REPORT ON PREPOSITIONED MATERIEL AND 
                   EQUIPMENT.

       Section 2229a(b)(1) of title 10, United States Code, is 
     amended--
       (1) by striking ``By not later than 120 days after the date 
     on which a report is submitted under subsection (a), the'' 
     and inserting ``The''; and
       (2) by striking ``the report'' and inserting ``each report 
     submitted under subsection (a)''.

     SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF 
                   VESSELS IN FOREIGN SHIPYARDS.

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

     SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 
                   REPORT ON DEPARTMENT OF DEFENSE SERVICE 
                   CONTRACT INVENTORY.

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

           Subtitle F--Limitations and Extension of Authority

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

       Section 372 of title 10, United States Code, is amended--
       (1) by striking ``(a) In General.--''; and
       (2) by striking subsection (b).

     SEC. 352. 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.

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

       Of the amounts authorized to be appropriated for Operation 
     and Maintenance for fiscal year 2013, not more than 
     $5,000,000 shall be made available for the National Museum of 
     the United States Army until the Secretary of the Army 
     submits to the congressional defense committees certification 
     in writing that sufficient private funding has been raised to 
     fund the construction of the portion of the museum known as 
     the ``Baseline Museum'' and that at least 50 percent of the 
     Baseline Museum has been completed.

[[Page H6893]]

     SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
                   OR INACTIVATION OF TICONDEROGA CLASS CRUISERS 
                   OR DOCK LANDING SHIPS.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for fiscal year 2013 for the 
     Department of Defense may be obligated or expended to retire, 
     prepare to retire, inactivate, or place in storage a cruiser 
     or dock landing ship.

     SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF 
                   VETERANS MEMORIAL OBJECTS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (a) Codification of Prohibition.--Section 2572 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e)(1) Except as provided in paragraph (3), and 
     notwithstanding this section or any other provision of law, 
     the President may not transfer a veterans memorial object to 
     a foreign country or an entity controlled by a foreign 
     government, or otherwise transfer or convey such an object to 
     any person or entity for purposes of the ultimate transfer or 
     conveyance of the object to a foreign country or entity 
     controlled by a foreign government.
       ``(2) In this subsection:
       ``(A) The term `entity controlled by a foreign government' 
     has the meaning given that term in section 2536(c)(1) of this 
     title.
       ``(B) The term `veterans memorial object' means any object, 
     including a physical structure or portion thereof, that--
       ``(i) is located at a cemetery of the National Cemetery 
     System, war memorial, or military installation in the United 
     States;
       ``(ii) is dedicated to, or otherwise memorializes, the 
     death in combat or combat-related duties of members of the 
     armed forces; and
       ``(iii) was brought to the United States from abroad as a 
     memorial of combat abroad.
       ``(3) The prohibition imposed by paragraph (1) does not 
     apply to a transfer of a veterans memorial object if--
       ``(A) the transfer of that veterans memorial object is 
     specifically authorized by law; or
       ``(B) the transfer is made after September 30, 2017.''.
       (b) Repeal of Obsolete Source Law.--Section 1051 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 10 U.S.C. 2572 note) is repealed.

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

     SEC. 361. SHORT TITLE.

       This subtitle may be cited as the ``National Commission on 
     the Structure of the Air Force Act of 2012''.

     SEC. 362. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the National 
     Commission on the Structure of the Air Force (in this 
     subtitle referred to as the ``Commission'').
       (b) Membership.--
       (1) 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.

     SEC. 363. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall undertake a 
     comprehensive study of the structure of the Air Force to 
     determine whether, and how, the structure should be modified 
     to best fulfill current and anticipated mission requirements 
     for the Air Force in a manner consistent with available 
     resources.
       (2) Considerations.--In considering the structure of the 
     Air Force, the Commission shall give particular consideration 
     to evaluating a structure that--
       (A) meets current and anticipated requirements of the 
     combatant commands;
       (B) achieves an appropriate balance between the regular and 
     reserve components of the Air Force, taking advantage of the 
     unique strengths and capabilities of each;
       (C) ensures that the regular and reserve components of the 
     Air Force have the capacity needed to support current and 
     anticipated homeland defense and disaster assistance missions 
     in the United States;
       (D) provides for sufficient numbers of regular members of 
     the Air Force to provide a base of trained personnel from 
     which the personnel of the reserve components of the Air 
     Force could be recruited;
       (E) maintains a peacetime rotation force to support 
     operational tempo goals of 1:2 for regular members of the Air 
     Forces and 1:5 for members of the reserve components of the 
     Air Force; and
       (F) maximizes and appropriately balances affordability, 
     efficiency, effectiveness, capability, and readiness.
       (b) Report.--Not later than February 1, 2014, the 
     Commission shall submit to the President and the 
     congressional defense committees a report which shall contain 
     a detailed statement of the findings and conclusions of the 
     Commission as a result of the study required by subsection 
     (a), together with its recommendations for such legislation 
     and administrative actions it may consider appropriate in 
     light of the results of the study.

     SEC. 364. POWERS OF THE COMMISSION.

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

     SEC. 365. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chair of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties. The employment of an executive director 
     shall be subject to confirmation by the Commission.
       (2) Compensation.--The Chair of the Commission may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chair of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

[[Page H6894]]

     SEC. 366. TERMINATION OF THE COMMISSION.

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

     SEC. 367. FUNDING.

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

                       Subtitle H--Other Matters

     SEC. 371. MILITARY WORKING DOG MATTERS.

       (a) Retirement of Military Working Dogs.--Section 2583 of 
     title 10, United States Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Transfer of Retired Military Working Dogs.--If the 
     Secretary of the military department concerned determines 
     that a military working dog should be retired, and no 
     suitable adoption is available at the military facility where 
     the dog is located, the Secretary may transfer the dog--
       ``(1) to the 341st Training Squadron; or
       ``(2) to another location for adoption under this 
     section.''.
       (b) Veterinary Care for Retired Military Working Dogs.--
       (1) In general.--Chapter 50 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 994. 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.''.

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

       (a) Minimum End Strength.--Subsection (b) of section 691 of 
     title 10, United States Code, is amended by striking 
     paragraphs (1) through (4) and inserting the following new 
     paragraphs:
       ``(1) For the Army, 542,700.
       ``(2) For the Navy, 322,700.
       ``(3) For the Marine Corps, 193,500.
       ``(4) For the Air Force, 329,460.''.
       (b) Limited Reduction Authority.--Such section is further 
     amended by inserting after subsection (d) the following new 
     subsection:
       ``(e) The Secretary of Defense may reduce a number 
     specified in subsection (b) by not more than 0.5 percent.''.

     SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR 
                   REGULAR COMPONENT OF THE ARMY AND MARINE CORPS.

       (a) Annual Limitation on Army End Strength Reductions.--The 
     end strength of the regular component of the Army shall not 
     be reduced by more than 15,000 members during each of fiscal 
     years 2014 through 2017 from the end strength of the regular 
     component of the Army at the end of the preceding fiscal 
     year.
       (b) Annual Limitation on Marine Corps End Strength 
     Reductions.--The end strength of the regular component of the 
     Marine Corps shall not be reduced by more than 5,000 members 
     during each of fiscal years 2014 through 2017 from the end 
     strength of the regular component of the Marine Corps at the 
     end of the preceding fiscal year.

     SEC. 404. 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

[[Page H6895]]

     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.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 2013, as follows:
       (1) The Army National Guard of the United States, 358,200.
       (2) The Army Reserve, 205,000.
       (3) The Navy Reserve, 62,500.
       (4) The Marine Corps Reserve, 39,600.
       (5) The Air National Guard of the United States, 105,700.
       (6) The Air Force Reserve, 70,880.
       (7) The Coast Guard Reserve, 9,000.
       (b) End Strength Reductions.--The end strengths prescribed 
     by subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year; and
       (2) the total number of individual members not in units 
     organized to serve as units of the Selected Reserve of such 
     component who are on active duty (other than for training or 
     for unsatisfactory participation in training) without their 
     consent at the end of the fiscal year.
       (c) End Strength Increases.--Whenever units or individual 
     members of the Selected Reserve of any reserve component are 
     released from active duty during any fiscal year, the end 
     strength prescribed for such fiscal year for the Selected 
     Reserve of such reserve component shall be increased 
     proportionately by the total authorized strengths of such 
     units and by the total number of such individual members.

     SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
                   SUPPORT OF THE RESERVES.

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

     SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
                   STATUS).

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2013 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army National Guard of the United States, 
     27,210.
       (2) For the Army Reserve, 8,395.
       (3) For the Air National Guard of the United States, 
     22,180.
       (4) For the Air Force Reserve, 10,400.

     SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL 
                   STATUS TECHNICIANS.

       (a) Limitations.--
       (1) National guard.--Within the limitation provided in 
     section 10217(c)(2) of title 10, United States Code, the 
     number of non-dual status technicians employed by the 
     National Guard as of September 30, 2013, may not exceed the 
     following:
       (A) For the Army National Guard of the United States, 
     1,600.
       (B) For the Air National Guard of the United States, 350.
       (2) Army reserve.--The number of non-dual status 
     technicians employed by the Army Reserve as of September 30, 
     2013, may not exceed 595.
       (3) Air force reserve.--The number of non-dual status 
     technicians employed by the Air Force Reserve as of September 
     30, 2013, may not exceed 90.
       (b) Non-dual Status Technicians Defined.--In this section, 
     the term ``non-dual status technician'' has the meaning given 
     that term in section 10217(a) of title 10, United States 
     Code.

     SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO 
                   BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

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

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

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

                   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.

[[Page H6896]]

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.

             Subtitle A--Officer Personnel Policy Generally

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

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

     SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE 
                   EARLY RETIREMENT BOARDS AND EARLY DISCHARGES.

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

[[Page H6897]]

       (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,''.

     SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT 
                   TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT 
                   TRAINING AND EDUCATION.

       Section 668(b)(1)(B) of title 10, United States Code, is 
     amended by striking ``assignments for joint'' and all that 
     follows through ``Phase II'' and inserting ``student 
     assignments for joint training and education''.

     SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS OF 
                   SERVICE FOR REGULAR NAVY WARRANT OFFICERS IN 
                   THE GRADE OF CHIEF WARRANT OFFICER, W-5.

       Section 1305(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``A regular warrant officer (other than a 
     regular Army warrant officer)'' and inserting ``Subject to 
     paragraphs (2) and (3), a regular warrant officer''; and
       (B) by striking ``he'' and inserting ``the officer''; and
       (2) by adding at the end the following new paragraph:
       ``(3) In the case of a regular Navy warrant officer in the 
     grade of chief warrant officer, W-5, the officer shall be 
     retired 60 days after the date on which the officer completes 
     33 years of total active service.''.

     SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM 
                   LENGTH OF ACTIVE SERVICE AS A COMMISSIONED 
                   OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN 
                   OFFICER.

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

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

        Section 1370(a)(2)(F) of title 10, United States Code, is 
     amended--
       (1) by striking ``the period ending on December 31, 2007'' 
     and inserting ``fiscal years 2013 through 2018'';
       (2) by striking ``Air Force'' and inserting ``Army, Air 
     Force, and Marine Corps''; and
       (3) by striking ``in the period''.

     SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS 
                   FOR WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE 
                   REDUCED FOR RETIREMENT IN GRADE UPON VOLUNTARY 
                   RETIREMENT.

        Section 1370(a)(2) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (E)--
       (A) by inserting ``(i)'' after ``exceed''; and
       (B) by inserting before the period at the end the 
     following: ``or (ii) in the case of officers of that armed 
     force in a grade specified in subparagraph (G), two officers, 
     whichever number is greater''; and
       (2) by adding at the end the following new subparagraph:
       ``(G) Notwithstanding subparagraph (E), during fiscal years 
     2013 through 2017, the total number of brigadier generals and 
     major generals of the Army, Air Force, and Marine Corps, and 
     the total number of rear admirals (lower half) and rear 
     admirals of the Navy, for whom a reduction is made under this 
     section during any fiscal year of service-in-grade otherwise 
     required under this paragraph may not exceed 10 percent of 
     the authorized active-duty strength for that fiscal year for 
     officers of that armed force in those grades.''.

     SEC. 508. AIR FORCE CHIEF OF CHAPLAINS.

       (a) Establishment of Positions; Appointment.--Chapter 805 
     of title 10, United States Code, is amended by adding at the 
     end the following new section:

     ``Sec. 8039. 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.''.

                Subtitle B--Reserve Component Management

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

       (a) Codification of Existing Positions.--Chapter 5 of title 
     10, United States Code, is amended by inserting after section 
     155 the following new section:

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


[[Page H6898]]


``155a. Assistants to the Chairman of the Joint Chiefs of Staff for 
              National Guard matters and Reserve matters.''.
       (c) Repeal of Superseded Law.--Section 901 of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 10 U.S.C. 155 note) is repealed.

     SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF 
                   CERTAIN NATIONAL GUARD WARRANT OFFICERS.

       Section 310(a) of title 32, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Notwithstanding''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding sections 307 and 309 of this title, 
     if a warrant officer, W-1, of the National Guard is promoted 
     to the grade of chief warrant officer, W-2, to fill a vacancy 
     in a federally recognized unit in the National Guard, Federal 
     recognition is automatically extended to that officer in the 
     grade of chief warrant officer, W-2, effective as of the date 
     on which that officer has completed the service in the grade 
     prescribed by the Secretary concerned under section 12242 of 
     title 10, if the warrant officer has remained in an active 
     status since the warrant officer was so recommended.''.

     SEC. 513. 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.

                Subtitle C--General Service Authorities

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

       Section 1177(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``or psychiatrist'' and 
     inserting ``psychiatrist, licensed clinical social worker, or 
     psychiatric advanced practice registered nurse''; and
       (2) in paragraph (3), by striking ``or psychiatrist'' and 
     inserting ``, psychiatrist, licensed clinical social worker, 
     or psychiatric advanced practice registered nurse''.

     SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED REPORTING 
                   REQUIREMENTS.

       (a) Plan to Achieve Military Leadership Reflecting 
     Diversity of United States Population.--
       (1) In general.--Chapter 37 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 656. 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--

[[Page H6899]]

       (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.

     SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND 
                   CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH 
                   SERVICE REVIEW AGENCIES.

       Section 1559(a) of title 10, United States Code, is amended 
     by striking ``December 31, 2013'' and inserting ``December 
     31, 2016''.

     SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED 
                   LEAVE CARRYOVER FOR MEMBERS OF THE ARMED 
                   FORCES.

       Section 701(d) of title 10, United States Code, is amended 
     by striking ``September 30, 2013'' and inserting ``September 
     30, 2015''.

     SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON 
                   CAREER FLEXIBILITY TO ENHANCE RETENTION OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) Extension of Programs to Certain Active Guard and 
     Reserve Personnel.--Section 533 of Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 
     prec. 701 note) is amended--
       (1) in subsection (a)(1), by inserting ``and members on 
     active Guard and Reserve duty'' after ``officers and enlisted 
     members of the regular components'';
       (2) by redesignating subsection (l) as subsection (m); and
       (3) by inserting after subsection (k) the following new 
     subsection (l):
       ``(l) Definition.--In this section, the term `active Guard 
     and Reserve duty' has the meaning given that term in section 
     101(d)(6) of title 10, United States Code.''.
       (b) Authority To Carry Forward Unused Accrued Leave.--
     Subsection (h) of such section is amended by adding at the 
     end the following new paragraph:
       ``(5) Leave.--A member who participates in a pilot program 
     is entitled to carry forward the leave balance existing as of 
     the day on which the member begins participation and 
     accumulated in accordance with section 701 of title 10, 
     United States Code, but not to exceed 60 days.''.
       (c) Authority for Disability Processing.--Subsection (j) of 
     such section is amended--
       (1) in the subsection heading, by striking ``Medical and 
     Dental Care'' and inserting ``Continued Entitlements'';
       (2) by striking ``for purposes of the entitlement'' and 
     inserting ``for purposes of--
       ``(1) the entitlement'';
       (3) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following new paragraph:
       ``(2) retirement or separation for physical disability 
     under the provisions of chapters 55 and 61 of title 10, 
     United States Code.''.

     SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING OR 
                   ENLISTMENT IN THE ARMED FORCES FOR ANY 
                   INDIVIDUAL CONVICTED OF A FELONY SEXUAL 
                   OFFENSE.

       An individual may not be provided a waiver for 
     commissioning or enlistment in the Armed Forces if the 
     individual has been convicted under Federal or State law of a 
     felony offense of any of the following:
       (1) Rape.
       (2) Sexual abuse.
       (3) Sexual assault.
       (4) Incest.
       (5) Any other sexual offense.

     SEC. 524. 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.

     SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF THE 
                   ARMED FORCES.

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

     SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL 
                   OCCUPATIONAL STANDARDS FOR MILITARY 
                   OCCUPATIONAL SPECIALTIES CURRENTLY CLOSED TO 
                   WOMEN.

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

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

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

     SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE INTEGRATED 
                   DISABILITY EVALUATION SYSTEM ON READINESS OF 
                   ARMED FORCES TO MEET MISSION REQUIREMENTS.

       (a) Annual Impact Statement.--In the materials submitted to 
     Congress in support

[[Page H6900]]

     of the budget for the Department of Defense for each of 
     fiscal years 2014 through 2018, the Secretary of each 
     military department shall include a statement concerning the 
     extent to which the number of members of an Armed Force under 
     the jurisdiction of the Secretary who are within the 
     Integrated Disability Evaluation System impacts--
       (1) the readiness of that Armed Force to meet on-going 
     mission requirements; and
       (2) dwell time for other members of that Armed Force.
       (b) Response Plan.--If the statement of the Secretary of a 
     military department under subsection (a) for a fiscal year 
     concludes that an adverse impact on readiness or dwell time 
     of an Armed Force is occurring, the Secretary shall include 
     with the budget materials a plan describing how the Armed 
     Force will mitigate the impact.

             Subtitle D--Military Justice and Legal Matters

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

       (a) Appointment by the President and Permanent Appointment 
     to Grade of Major General.--Subsection (a) of section 5046 of 
     title 10, United States Code, is amended--
       (1) in the first sentence, by striking ``detailed'' and 
     inserting ``appointed by the President, by and with the 
     advice and consent of the Senate,''; and
       (2) by striking the second sentence and inserting the 
     following new sentence: ``If the officer to be appointed as 
     the Staff Judge Advocate to the Commandant of the Marine 
     Corps holds a grade lower than the grade of major general 
     immediately before the appointment, the officer shall be 
     appointed in the grade of major general.''.
       (b) Duties, Authority, and Accountability.--Such section is 
     further amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The Staff Judge Advocate to the Commandant of the 
     Marine Corps, under the direction of the Commandant of the 
     Marine Corps and the Secretary of the Navy, shall--
       ``(1) perform such duties relating to legal matters arising 
     in the Marine Corps as may be assigned to the Staff Judge 
     Advocate;
       ``(2) perform the functions and duties, and exercise the 
     powers, prescribed for the Staff Judge Advocate to the 
     Commandant of the Marine Corps in chapter 47 (the Uniform 
     Code of Military Justice) and chapter 53 of this title; and
       ``(3) perform such other duties as may be assigned to the 
     Staff Judge Advocate.''.
       (c) Composition of Headquarters, Marine Corps.--Section 
     5041(b) of such title is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) The Staff Judge Advocate to the Commandant of the 
     Marine Corps.''.
       (d) Supervision of Certain Legal Services.--
       (1) Administration of military justice.--Section 806(a) of 
     such title (article 6(a) of the Uniform Code of Military 
     Justice) is amended in the third sentence by striking ``The 
     Judge Advocate General'' and all that follows through 
     ``shall'' and inserting ``The Judge Advocates General, and 
     within the Marine Corps the Staff Judge Advocate to the 
     Commandant of the Marine Corps, or senior members of their 
     staffs, shall''.
       (2) Delivery of legal assistance.--Section 1044(b) of such 
     title is amended by inserting ``, and within the Marine Corps 
     the Staff Judge Advocate to the Commandant of the Marine 
     Corps,'' after ``jurisdiction of the Secretary''.

     SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS 
                   OF THE COMMITTEE ON THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       Subsection (c)(2) of section 946 of title 10, United States 
     Code (article 146 of the Uniform Code of Military Justice), 
     is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) Information from the Judge Advocates General and the 
     Staff Judge Advocate to the Commandant of the Marine Corps on 
     the following:
       ``(i) The appellate review process, including--
       ``(I) information on compliance with processing time goals;
       ``(II) discussions of the circumstances surrounding cases 
     in which general court-martial or special court-martial 
     convictions are reversed as a result of command influence or 
     denial of the right to a speedy review or otherwise remitted 
     due to loss of records of trial or other administrative 
     deficiencies; and
       ``(III) discussions of cases in which a provision of this 
     chapter is held unconstitutional.
       ``(ii) Measures implemented by each armed force to ensure 
     the ability of judge advocates to competently participate as 
     trial and defense counsel in, and preside as military judges 
     over, capital cases, national security cases, sexual assault 
     cases, and proceedings of military commissions.
       ``(iii) The independent views of the Judge Advocates 
     General and the Staff Judge Advocate to the Commandant of the 
     Marine Corps on the sufficiency of resources available within 
     their respective armed forces, including total workforce, 
     funding, training, and officer and enlisted grade structure, 
     to capably perform military justice functions.''.

     SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF 
                   THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.

       (a) Protection of Rights of Conscience.--
       (1) Accommodation.--The Armed Forces shall accommodate the 
     beliefs of a member of the armed forces reflecting the 
     conscience, moral principles, or religious beliefs of the 
     member and, in so far as practicable, may not use such 
     beliefs as the basis of any adverse personnel action, 
     discrimination, or denial of promotion, schooling, training, 
     or assignment.
       (2) Disciplinary or administrative action.--Nothing in 
     paragraph (1) precludes disciplinary or administrative action 
     for conduct that is proscribed by chapter 47 of title 10, 
     United States Code (the Uniform Code of Military Justice), 
     including actions and speech that threaten good order and 
     discipline.
       (b) Protection of Chaplain Decisions Relating to 
     Conscience, Moral Principles, or Religious Beliefs.--No 
     member of the Armed Forces may--
       (1) require a chaplain to perform any rite, ritual, or 
     ceremony that is contrary to the conscience, moral 
     principles, or religious beliefs of the chaplain; or
       (2) discriminate or take any adverse personnel action 
     against a chaplain, including denial of promotion, schooling, 
     training, or assignment, on the basis of the refusal by the 
     chaplain to comply with a requirement prohibited by paragraph 
     (1).
       (c) Regulations.--The Secretary of Defense shall issue 
     regulations implementing the protections afforded by this 
     section.

     SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES.

       (a) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, each Secretary of a 
     military department (and the Secretary of Homeland Security 
     in the case of the Coast Guard) shall submit to the 
     congressional committees specified in subsection (c) a report 
     on hazing in each Armed Force under the jurisdiction of the 
     Secretary.
       (b) Elements.--The report on an Armed Force required by 
     subsection (a) shall include the following:
       (1) An evaluation of the definition of hazing contained in 
     the Secretary of Defense Policy Memorandum dated August 28, 
     1997.
       (2) A discussion of the policies of the Armed Force for 
     preventing and responding to incidents of hazing.
       (3) A description of the methods implemented to track and 
     report, including report anonymously, incidents of hazing in 
     the Armed Force.
       (4) An assessment by the Secretary submitting the report of 
     the following:
       (A) The scope of the problem of hazing in the Armed Force.
       (B) The training on recognizing and preventing hazing 
     provided members of the Armed Force.
       (C) The actions taken to prevent and respond to hazing 
     incidents in the Armed Force.
       (D) The extent to which the Uniform Code of Military 
     Justice specifically addresses the prosecution of persons 
     subject to the Code who are alleged to have committed hazing.
       (E) The feasibility of establishing a database to track, 
     respond to, and resolve incidents of hazing.
       (5) A description of the additional actions, if any, the 
     Secretary submitting the report proposes to take to further 
     address the incidence of hazing in the Armed Force.
       (6) Any recommended changes to the Uniform Code of Military 
     Justice or the Manual for Courts-Martial to improve the 
     prosecution of persons alleged to have committed hazing in 
     the Armed Forces.
       (c) Submission of Reports.--The reports required by 
     subsection (a) shall be submitted--
       (1) to the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (2) to the Committee on Armed Services and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

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

       (a) 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

[[Page H6901]]

     schools (as defined in subsection (a) of section 1154 of 
     title 10, United States Code, as added by subsection (b)).
       (B) Advise the Department of Defense on how to prepare 
     eligible members of the Armed Forces described in subsection 
     (d) of such section 1154 to become participants in the 
     Program, to meet the requirements necessary to become a 
     teacher in a school described in subsection (b)(2) of such 
     section 1154, and to find post-service employment in an 
     eligible school.
       (C) Advise the Department of Defense on how to identify 
     teacher preparation programs for participants in the Program.
       (D) Inform the Department of Defense of academic subject 
     areas with critical teacher shortages.
       (E) Identify geographic areas with critical teacher 
     shortages, especially in high-need schools (as defined in 
     subsection (a) of such section 1154).
       (3) Effective date.--The transfer of responsibility and 
     authority for operation and administration of the Troops-to-
     Teachers Program under paragraph (1) shall take effect--
       (A) on the first day of the first month beginning more than 
     90 days after the date of the enactment of this Act; or
       (B) on such earlier date as the Secretary of Education and 
     the Secretary of Defense may jointly provide.
       (b) Enactment of Program Authority in Title 10, United 
     States Code.--
       (1) In general.--Chapter 58 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1154. 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

[[Page H6902]]

     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).

     SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL 
                   FITNESS PROGRAMS.

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

     ``Sec. 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

[[Page H6903]]

     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.''.

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

       (a) Expansion of Program.--Subsection (b)(1) of section 558 
     of the National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81; 125 Stat. 1418; 10 U.S.C. 2015 note) 
     is amended by striking ``or more than five''.
       (b) Use of Industry-recognized Certifications.--Subsection 
     (b) of such section is further amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) consider utilizing industry-recognized certifications 
     or licensing standards for civilian occupational skills 
     comparable to the specialties or codes so designated; and''.

     SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING IN 
                   GRANTING CERTAIN STATE CERTIFICATIONS AND 
                   LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS 
                   FOR VETERANS EMPLOYMENT AND TRAINING.

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

     SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY 
                   INSTALLATIONS BY REPRESENTATIVES OF 
                   INSTITUTIONS OF HIGHER EDUCATION.

       (a) Review Required.--The Secretary of Defense shall 
     conduct a review to assess the extent of access that 
     representatives of institutions of higher education have to 
     military installations.
       (b) Elements of Review.--The review required by subsection 
     (a) shall include, at a minimum, an assessment of the 
     following:
       (1) The policies and procedures that govern the 
     availability and the degree to which representatives of 
     institutions of higher education obtain access to military 
     installations for marketing and recruitment purposes to 
     members of the Armed Forces and their families.
       (2) The extent to which persons employed by institutions of 
     higher education who have authorized access to military 
     installations are engaged in the unauthorized or 
     inappropriate marketing of products and services to members 
     of the Armed Forces through such access.
       (3) The policies and regulations that are in effect to 
     prevent inappropriate marketing of educational products and 
     services on military installations and the effectiveness or 
     shortcomings, and the adequacy of the enforcement, of those 
     policies and regulations.
       (c) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report containing the results of 
     the review required by subsection (a). The report shall 
     include any recommendations for statutory or regulatory 
     change that the Secretary considers appropriate to enhance 
     the protection of members of the Armed Forces from 
     inappropriate marketing and recruitment on military 
     installations by representatives of institutions of higher 
     education.

     SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO 
                   STANDARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO 
                   SEPARATING MEMBERS OF THE ARMED FORCES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     efforts of the Department of Defense to standardize the 
     educational transcripts issued to members of the Armed Forces 
     on their separation from the Armed Forces.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the similarities and differences 
     between the educational transcripts issued to members 
     separating from the each of the Armed Forces.
       (2) A description of any assessments done by the 
     Department, or in conjunction with educational institutions, 
     to identify shortcomings in the transcripts issued to 
     separating members in connection with their ability to 
     qualify for civilian educational credits.

[[Page H6904]]

       (3) A description of the implementation plan for the Joint 
     Services Transcript, including a schedule and the elements of 
     existing educational transcripts to be incorporated into the 
     Joint Services Transcript.

     SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON 
                   JOINT PROFESSIONAL MILITARY EDUCATION MATTERS.

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

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

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

       Section 2107(c)(1) of title 10, United States Code, is 
     amended by striking the third sentence.

     SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO 
                   ISSUE ARMS, TENTAGE, AND EQUIPMENT TO 
                   EDUCATIONAL INSTITUTIONS NOT MAINTAINING UNITS 
                   OF JUNIOR RESERVE OFFICERS' TRAINING CORPS.

       (a) Consolidation.--Chapter 102 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2034. 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.

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

       (a) Number of Units Covered by Plan.--Subsection (a) of 
     section 548 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4466) is amended by striking ``not less than 3,700 
     units'' and inserting ``not less than 3,000, and not more 
     than 3,700, units''.
       (b) Additional Exception.--Subsection (b) of such section 
     is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) if the Secretaries of the military departments 
     determine that the level of support of all kinds (including 
     appropriated funds) provided to youth development programs 
     within the Armed Forces is consistent with funding 
     limitations and the achievement of the objectives of such 
     programs.''.
       (c) Submittal of Revised Plan and Implementation Reports.--
     Subsection (e) of such section is amended to read as follows:
       ``(e) Time for Submission.--Not later than March 31, 2013, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a revised plan under subsection (a) to 
     reflect amendments made to subsections (a) and (b) during 
     fiscal year 2013 and a new report under subsection (d) to 
     address the revised plan. The Secretary shall submit an 
     updated report not later than March 31 of each of 2015, 2018, 
     and 2020.''.

     SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS' 
                   TRAINING CORPS PROGRAMS.

       (a) Report Required.--Not later than 270 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report setting forth the assessment of the 
     Comptroller General regarding the following:
       (1) Whether the Reserve Officers' Training Corps (ROTC) 
     programs of the military departments are effectively meeting, 
     and structured to meet, current and projected requirements 
     for newly commissioned officers in the Armed Forces.
       (2) The cost-effectiveness and unit productivity of the 
     current Reserve Officers' Training Corps programs.
       (3) The adequacy of current oversight and criteria for the 
     establishment and disestablishment of units of the Reserve 
     Officers' Training Corps.
       (b) Elements.--The report required by subsection (a) shall 
     include, at a minimum, the following:
       (1) A list of the units of the Reserve Officers' Training 
     Corps by Armed Force, and by college or university, and the 
     number of cadets and midshipman currently enrolled by class 
     or year group.
       (2) The number of officers commissioned in 2012 from the 
     Reserve Officers' Training Corps programs, and the number 
     projected to be commissioned over the period of the current 
     future-years defense program under section 221 of title 10, 
     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.

[[Page H6905]]

       (6) An assessment of the projected use by the Armed Forces 
     of the procedures available to the Armed Forces to respond to 
     overages in the number of cadets and midshipmen in the 
     Reserve Officers' Training Corps programs.
       (7) A description of the plans of the Armed Forces to 
     retain or disestablish units of the Reserve Officers' 
     Training Corps that do not meet productivity standards.

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

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

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--Of the amount authorized to be 
     appropriated for fiscal year 2013 by section 301 and 
     available for operation and maintenance for Defense-wide 
     activities as specified in the funding table in section 4301, 
     $25,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a) of section 572 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     20 U.S.C. 7703b).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--
       (1) Extension of authority to provide assistance.--Section 
     572(b)(4) of the National Defense Authorization Act for 
     Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by 
     striking ``September 30, 2012'' and inserting ``September 30, 
     2014''.
       (2) Amount of assistance authorized.--Of the amount 
     authorized to be appropriated for fiscal year 2013 by section 
     301 and available for operation and maintenance for Defense-
     wide activities as specified in the funding table in section 
     4301, $5,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (b) of section 572 of the National Defense 
     Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b).
       (c) Repeal of Obsolete Funding Reference.--Section 572 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (20 U.S.C. 7703b) is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (d) Local Educational Agency Defined.--In this section, the 
     term ``local educational agency'' has the meaning given that 
     term in section 8013(9) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

       Of the amount authorized to be appropriated for fiscal year 
     2013 pursuant to section 301 and available for operation and 
     maintenance for Defense-wide activities as specified in the 
     funding table in section 4301, $5,000,000 shall be available 
     for payments under section 363 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 
     20 U.S.C. 7703a).

     SEC. 563. 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.--

[[Page H6906]]

       ``(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.

     SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN 
                   WHO ARE CARRIED DURING PREGNANCY AT TIME OF 
                   DEPENDENT-ABUSE OFFENSE COMMITTED BY AN 
                   INDIVIDUAL WHILE A MEMBER OF THE ARMED FORCES.

       (a) In General.--Section 1059 of title 10, United States 
     Code, is amended--
       (1) in subsection (f), by adding at the end the following 
     new paragraph:
       ``(4) Payment to a child under this section shall not cover 
     any period before the birth of the child.''; and
       (2) in subsection (l), by striking ``at the time of the 
     dependent-abuse offense resulting in the separation of the 
     former member'' in the matter preceding paragraph (1) and 
     inserting ``or eligible spouse at the time of the dependent-
     abuse offense resulting in the separation of the former 
     member or who was carried during pregnancy at the time of the 
     dependent-abuse offense resulting in the separation of the 
     former member and was subsequently born alive to the eligible 
     spouse or former spouse''.
       (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.

     SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF 
                   DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND 
                   SECONDARY SCHOOLS TO ENROLL CERTAIN STUDENTS.

       Section 2164 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(k) Enrollment of Relocated Defense Dependents' Education 
     System Students.--(1) The Secretary of Defense may authorize 
     the enrollment in a Department of Defense education program 
     provided by the Secretary pursuant to subsection (a) of a 
     dependent of a member of the armed forces or a dependent of a 
     Federal employee who is enrolled in the defense dependents' 
     education system established under section 1402 of the 
     Defense Dependents' Education Act of 1978 (20 U.S.C. 921) 
     if--
       ``(A) the dependents departed the overseas location as a 
     result of a evacuation order;
       ``(B) the designated safe haven of the dependent is located 
     within reasonable commuting distance of a school operated by 
     the Department of Defense education program; and
       ``(C) the school possesses the capacity and resources 
     necessary to enable the student to attend the school.
       ``(2) Unless waived by the Secretary of Defense, a 
     dependent described in paragraph (1) who is enrolled in a 
     school operated by the Department of Defense education 
     program pursuant to such paragraph may attend the school only 
     through the end of the school year.
       ``(l) Enrollment in Virtual Elementary and Secondary 
     Education Program.--(1) Under regulations prescribed by the 
     Secretary of Defense, the Secretary may authorize the 
     enrollment in the virtual elementary and secondary education 
     program established as a component of the Department of 
     Defense education program of a dependent of a member of the 
     armed forces on active duty who--
       ``(A) is enrolled in an elementary or secondary school 
     operated by a local educational agency or another accredited 
     educational program in the United States (other than a school 
     operated by the Department of Defense education program); and
       ``(B) immediately before such enrollment, was enrolled in 
     the defense dependents' education system established under 
     section 1402 of the Defense Dependents' Education Act of 1978 
     (20 U.S.C. 921).
       ``(2) Enrollment of a dependent described in paragraph (1) 
     pursuant to such paragraph shall be on a tuition basis.''.

     SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING 
                   CERTAIN MILITARY SPOUSES.

       (a) In General.--Subchapter I of chapter 33 of title 5, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3330d. 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.

[[Page H6907]]

       ``(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.''.

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

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

     SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW 
                   RIBBON DAY.

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

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

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

       (a) Additional Content of Surveys.--Subsection (c) of 
     section 481 of title 10, United States Code, is amended--
       (1) by striking ``harassment and discrimination'' and 
     inserting ``harassment, assault, and discrimination'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); respectively;
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The specific types of assault that have occurred, and 
     the number of times each respondent has been assaulted during 
     the preceding year.'';
       (4) in paragraph (4), as so redesignated, by striking 
     ``discrimination'' and inserting ``discrimination, 
     harassment, and assault''; and
       (5) by adding at the end the following new paragraph:
       ``(5) Any other issues relating to discrimination, 
     harassment, or assault as the Secretary of Defense considers 
     appropriate.''.
       (b) Time for Conducting of Surveys.--Such section is 
     further amended--
       (1) in subsection (a)(1), by striking ``four quadrennial 
     surveys (each in a separate year)'' and inserting ``four 
     surveys''; and
       (2) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) When Surveys Required.--(1) One of the two Armed 
     Forces Workplace and Gender Relations Surveys shall be 
     conducted in 2014 and then every second year thereafter and 
     the other Armed Forces Workplace and Gender Relations Survey 
     shall be conducted in 2015 and then every second year 
     thereafter, so that one of the two surveys is being conducted 
     each year.
       ``(2) The two Armed Forces Workplace and Equal Opportunity 
     Surveys shall be conducted at least once every four years. 
     The two surveys may not be conducted in the same year.''.

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

       (a) In General.--Chapter 1209 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 12323. 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.''.

     SEC. 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,

[[Page H6908]]

     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).

     SEC. 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.

     SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL 
                   ASSAULT PREVENTION AND RESPONSE.

        Section 585 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 
     U.S.C. 1561 note) is amended by adding at the end the 
     following new subsections:
       ``(d) Commanders' Training.--The Secretary of Defense shall 
     provide for the inclusion of a sexual assault prevention and 
     response training module in the training for new or 
     prospective commanders at all levels of command. The training 
     shall be tailored to the responsibilities and leadership 
     requirements of members of the Armed Forces as they are 
     assigned to command positions. Such training shall include 
     the following:
       ``(1) Fostering a command climate that does not tolerate 
     sexual assault.
       ``(2) Fostering a command climate in which persons assigned 
     to the command are encouraged to intervene to prevent 
     potential incidents of sexual assault.
       ``(3) Fostering a command climate that encourages victims 
     of sexual assault to report any incident of sexual assault.
       ``(4) Understanding the needs of, and the resources 
     available to, the victim after an incident of sexual assault.
       ``(5) Use of military criminal investigative organizations 
     for the investigation of alleged incidents of sexual assault.
       ``(6) Available disciplinary options, including court-
     martial, non-judicial punishment, administrative action, and 
     deferral of discipline for collateral misconduct, as 
     appropriate.
       ``(e) Explanation to Be Included in Initial Entry and 
     Accession Training.--
       ``(1) Requirement.--The Secretary of Defense shall require 
     that the matters specified in paragraph (2) be carefully 
     explained to each member of the Army, Navy, Air Force, and 
     Marine Corps at the time of (or within fourteen duty days 
     after)--
       ``(A) the member's initial entrance on active duty; or
       ``(B) the member's initial entrance into a duty status with 
     a reserve component.
       ``(2) Matters to be explained.--This subsection applies 
     with respect to the following:
       ``(A) Department of Defense policy with respect to sexual 
     assault.
       ``(B) The resources available with respect to sexual 
     assault reporting and prevention and the procedures to be 
     followed by a member seeking to access those resources.''.

     SEC. 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

[[Page H6909]]

     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.

     SEC. 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

[[Page H6910]]

     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.

     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.

       (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.

     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.

       (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.

     SEC. 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.

[[Page H6911]]

             Subtitle I--Suicide Prevention and Resilience

     SEC. 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.

     SEC. 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:

     ``Sec. 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.

     SEC. 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.

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

       (a) Study Required.--The Secretary of the Army shall 
     conduct a study of resilience programs within the Army for 
     the purpose of assessing the effectiveness of the current 
     Comprehensive Soldier and Family Fitness (CSF2) Program of 
     the Army, while verifying the current means of the Army to 
     reduce trends in high risk or self-destructive behavior and 
     to prepare members of the Army to manage stressful or 
     traumatic situations by training members in resilience 
     strategies and techniques.
       (b) Elements.--In conducting the study, the Secretary of 
     the Army shall determine the effectiveness and quality of 
     training under the Comprehensive Soldier and Family Fitness 
     program in--
       (1) enhancing individual performance through resiliency 
     techniques and use of positive and sports psychology; and
       (2) identifying and responding to early signs of high-risk 
     behavior in members of the Army.
       (c) Use of Science-based Evidence and Techniques.--In 
     conducting the study, the Secretary of the Army shall utilize 
     scientific evidence, including professionally accepted 
     measurements and assessments, to evaluate those interventions 
     that show positive results and those interventions that have 
     no impact.
       (d) Duration of Study.--The study shall be conducted 
     through September 30, 2014.
       (e) Report on Study Results.--Not later than October 31, 
     2014, the Secretary of the Army shall submit to the 
     Committees on Armed Forces of the Senate and the House of 
     Representatives a report containing the results of the study. 
     The report shall include the following:
       (1) A description of the trends in high risk or self-
     destructive behavior among members of the Army.
       (2) A description and measurements of the effectiveness of 
     Comprehensive Soldier and Family Fitness Program training in 
     enhancing individual performance through resiliency 
     techniques, utilization of positive psychology.
       (3) Such recommendations or other information as the 
     Secretary considers appropriate.

                       Subtitle J--Other Matters

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

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

[[Page H6912]]

     which persons have generally been held captive by enemy armed 
     forces during periods of armed conflict.''.

     SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION OF 
                   THE ARMED FORCES INSTITUTE OF PATHOLOGY UNDER 
                   DEFENSE BASE CLOSURE AND REALIGNMENT.

       Section 177 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by striking ``those professional societies'' and all 
     that follows through ``the Armed Forces Institute of 
     Pathology'' and inserting ``the professional societies and 
     organizations that support the activities of the American 
     Registry of Pathology''; and
       (ii) by striking the second sentence; and
       (B) in paragraph (3), by striking ``with the concurrence of 
     the Director of the Armed Forces Institute of Pathology'';
       (2) in subsection (b)--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (1), (2), (3), and (4), respectively; and
       (3) in subsection (d), by striking ``to the Director'' and 
     all that follows through ``it deems desirable,'' and 
     inserting ``annually to its Board and supporting 
     organizations referred to in subsection (a)(2)''.

     SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL 
                   REGISTER ON INSTITUTIONS OF HIGHER EDUCATION 
                   INELIGIBLE FOR CONTRACTS AND GRANTS FOR DENIAL 
                   OF ROTC OR MILITARY RECRUITER ACCESS TO CAMPUS.

       Section 983 of title 10, United States Code, is amended by 
     striking subsection (f).

     SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO 
                   EDUCATIONAL ACTIVITIES AND VOLUNTARY SERVICES 
                   TO ACCOUNT FOR MISSING PERSONS.

       (a) Activities Benefitting Education as Services Eligible 
     for Acceptance.--Section 2601(i)(2) of title 10, United 
     States Code, is amended by inserting ``education,'' before 
     ``morale,''.
       (b) Acceptance of Voluntary Services Related to Accounting 
     for Missing Persons.--Section 1588(a) of such title is 
     amended by adding at the end the following new paragraph:
       ``(9) Voluntary services to facilitate accounting for 
     missing persons.''.

     SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, 
                   COMMONWEALTH, AND TERRITORIAL FLAGS BY THE 
                   ARMED FORCES.

       (a) Display.--Subsection (a) of section 2249b of title 10, 
     United States Code, is amended to read as follows:
       ``(a) Display of Flags by Armed Forces.--The Secretary of 
     Defense shall ensure that, whenever the official flags of all 
     50 States are displayed by the armed forces, such display 
     shall include the flags of the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

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

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 134 of such title is amended by striking 
     the item relating to section 2249b and inserting the 
     following new item:

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

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

       (a) Navy Defense Product Development Program.--Section 
     7049(a) of title 10, United States Code, is amended--
       (1) in the second sentence, by inserting ``or professional 
     continuing education certificate'' after ``master's degree''; 
     and
       (2) in the last sentence, by inserting before the period at 
     the end the following: ``or an appropriate professional 
     continuing education certificate, as applicable''.
       (b) United States Air Force Institute of Technology.--
     Section 9314a(a) of such title is amended--
       (1) in paragraph (1), by inserting ``or professional 
     continuing education certificate'' after ``graduate degree''; 
     and
       (2) in paragraph (3), by inserting before the period at the 
     end the following: ``or an appropriate professional 
     continuing education certificate, as applicable''.
       (c) Request for Increase in Number of Defense Industry 
     Civilians Authorized for Admission.--If the Secretary of 
     Defense determines that it is in the best interest of the 
     Department of Defense to increase the maximum number of 
     defense industry employees authorized to be enrolled in the 
     Naval Defense Development Program or the Air Force Institute 
     of Technology at any one time, as specified in sections 
     7049(a) and 9314a(a) of title 10, United States Code, the 
     Secretary shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a request for 
     such an increase, including draft legislation to effectuate 
     the increase.

     SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM OF 
                   REFERRAL AND COUNSELING SERVICES TO VETERANS AT 
                   RISK OF HOMELESSNESS WHO ARE TRANSITIONING FROM 
                   CERTAIN INSTITUTIONS.

       Section 2023(d) of title 38, United States Code, is amended 
     by striking ``September 30, 2012'' and inserting ``September 
     30, 2013''.

     SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE 
                   JURISDICTION OF DEPARTMENT OF DEFENSE.

       (a) DOD Inspector General Inspection of Arlington National 
     Cemetery and United States Soldiers' and Airmen's Home 
     National Cemetery.--Section 1(d) of Public Law 111-339 (124 
     Stat. 3592) is amended--
       (1) in paragraph (1), by striking ``The Secretary'' in the 
     first sentence and inserting ``Subject to paragraph (2), the 
     Secretary''; and
       (2) in paragraph (2), by adding at the end the following 
     new sentence: ``However, in the case of the report required 
     to be submitted during 2013, the assessment described in 
     paragraph (1) shall be conducted, and the report shall be 
     prepared and submitted, by the Inspector General of the 
     Department of Defense instead of the Secretary of the 
     Army.''.
       (b) Time for Submission of Report and Plan of Action 
     Regarding Inspection of Cemeteries at Military 
     Installations.--Section 592(d)(2) of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1443) is amended--
       (1) by striking ``December 31, 2012'' and inserting ``June 
     29, 2013''; and
       (2) by striking ``April 1, 2013'' and inserting ``October 
     1, 2013''.

     SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS 
                   CONDUCTED WITH RESPECT TO PORT MORTUARY 
                   DIVISION OF THE AIR FORCE MORTUARY AFFAIRS 
                   OPERATIONS CENTER AT DOVER AIR FORCE BASE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report of the 
     investigations and reviews that were conducted with respect 
     to the improper handling and preparation of the remains of 
     deceased members of the Armed Forces and civilians at the 
     Port Mortuary Division of the Air Force Mortuary Affairs 
     Operations Center at Dover Air Force Base. The investigations 
     and reviews considered shall include--
       (1) the 436th Air Wing Inspector General review;
       (2) the Air Force Office of Special Investigations report;
       (3) the Air Force Office of Inspector General 
     investigation;
       (4) the Office of Special Counsel review;
       (5) the Defense Health Board's Dover Port Mortuary 
     Independent Review Subcommittee report; and
       (6) any other reviews or investigations of operations at 
     Dover Port Mortuary that have been conducted since January 1, 
     2011.
       (b) Elements of Report.--The report shall--
       (1) summarize and evaluate the recommendations made, and 
     the actions undertaken, as a result of the investigations and 
     reviews, and the current status of implementation of such 
     recommendations and actions; and
       (2) provide any additional recommendations for improvement 
     of operations at Dover Port Mortuary, including any best 
     practices for casualty notification, family support, and 
     mortuary affairs operations.

     SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS AND 
                   STRIPES.

       (a) 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).

     SEC. 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

[[Page H6913]]

     carrying out the campaign required by subsection (a), 
     coordinate and cooperate with veterans service organizations.
       (c) Veterans Service Organization Defined.--In this 
     section, the term ``veterans service organization'' means any 
     organization recognized by the Secretary of Veterans Affairs 
     for the representation of veterans under section 5902 of 
     title 38, United States Code.

     SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE 
                   ENROLLMENT ELIGIBILITY REPORTING SYSTEM.

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

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

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

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

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

                      Subtitle G--Military Lending

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

    Subtitle H--Military Compensation and Retirement Modernization 
                               Commission

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

                       Subtitle I--Other Matters

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

                     Subtitle A--Pay and Allowances

     SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2013 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2013, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 1.7 percent.

     SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 
                   INCREASE IN RATES OF BASIC ALLOWANCE FOR 
                   HOUSING UNDER CERTAIN CIRCUMSTANCES.

       Section 403(b)(7)(E) of title 37, United States Code, is 
     amended by striking ``December 31, 2012'' and inserting 
     ``December 31, 2013''.

     SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES 
                   WHEN ONE MEMBER IS ON SEA DUTY.

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

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

       (a) Treatment of Active Guard and Reserve Duty.--Section 
     403(g) of title 37, United States Code, is amended by adding 
     at the end the following new paragraph:
       ``(6)(A) 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).''.

[[Page H6914]]

       (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.

     SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 
                   MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE 
                   ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

       (a) Payment of Benefit.--
       (1) In general.--Upon application, the Secretary concerned 
     shall make a payment to each individual described in 
     paragraph (2) of $200 for each day of nonparticipation of 
     such individual in the Post-Deployment/Mobilization Respite 
     Absence program as described in that paragraph.
       (2) Covered individuals.--An individual described in this 
     paragraph is an individual who--
       (A) was eligible for participation as a member of the Armed 
     Forces in the Post-Deployment/Mobilization Respite Absence 
     program; but
       (B) as determined by the Secretary concerned pursuant to an 
     application for the correction of the military records of 
     such individual pursuant to section 1552 of title 10, United 
     States Code, or other process as determined by the Secretary, 
     did not participate in one or more days in the program for 
     which the individual was so eligible due to Government error.
       (b) Deceased Individuals.--
       (1) Applications.--If an individual otherwise covered by 
     subsection (a) is deceased, the application required by that 
     subsection shall be made by the individual's legal 
     representative.
       (2) Payment.--If an individual to whom payment would be 
     made under subsection (a) is deceased at time of payment, 
     payment shall be made in the manner specified in section 
     1552(c)(2) of title 10, United States Code, or other process 
     as determined by the Secretary concerned.
       (c) Payment in Lieu of Administrative Absence.--Payment 
     under subsection (a) with respect to a day described in that 
     subsection shall be in lieu of any entitlement of the 
     individual concerned to a day of administrative absence for 
     such day.
       (d) Construction.--
       (1) Construction with other pay.--Any payment with respect 
     to an individual under subsection (a) is in addition to any 
     other pay provided by law.
       (2) Construction of authority.--It is the sense of Congress 
     that--
       (A) the sole purpose of the authority in this section is to 
     remedy administrative errors; and
       (B) the authority in this section is not intended to 
     establish any entitlement in connection with the Post-
     Deployment/Mobilization Respite Absence program.
       (e) Definitions.--In this section, the terms ``Post-
     Deployment/Mobilization Respite Absence program'' and 
     ``Secretary concerned'' have the meaning given such terms in 
     section 604(f) of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).

           Subtitle B--Bonuses and Special and Incentive Pays

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

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2012'' and inserting 
     ``December 31, 2013'':
       (1) Section 308b(g), relating to Selected Reserve 
     reenlistment bonus.
       (2) Section 308c(i), relating to Selected Reserve 
     affiliation or enlistment bonus.
       (3) Section 308d(c), relating to special pay for enlisted 
     members assigned to certain high-priority units.
       (4) Section 308g(f)(2), relating to Ready Reserve 
     enlistment bonus for persons without prior service.
       (5) Section 308h(e), relating to Ready Reserve enlistment 
     and reenlistment bonus for persons with prior service.
       (6) Section 308i(f), relating to Selected Reserve 
     enlistment and reenlistment bonus for persons with prior 
     service.
       (7) Section 408a(e), relating to reimbursement of travel 
     expenses for inactive-duty training outside of normal 
     commuting distance.
       (8) Section 910(g), relating to income replacement payments 
     for reserve component members experiencing extended and 
     frequent mobilization for active duty service.

     SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

       (a) Title 10 Authorities.--The following sections of title 
     10, United States Code, are amended by striking ``December 
     31, 2012'' and inserting ``December 31, 2013'':
       (1) Section 2130a(a)(1), relating to nurse officer 
     candidate accession program.
       (2) Section 16302(d), relating to repayment of education 
     loans for certain health professionals who serve in the 
     Selected Reserve.
       (b) Title 37 Authorities.--The following sections of title 
     37, United States Code, are amended by striking ``December 
     31, 2012'' and inserting ``December 31, 2013'':
       (1) Section 302c-1(f), relating to accession and retention 
     bonuses for psychologists.
       (2) Section 302d(a)(1), relating to accession bonus for 
     registered nurses.
       (3) Section 302e(a)(1), relating to incentive special pay 
     for nurse anesthetists.
       (4) Section 302g(e), relating to special pay for Selected 
     Reserve health professionals in critically short wartime 
     specialties.
       (5) Section 302h(a)(1), relating to accession bonus for 
     dental officers.
       (6) Section 302j(a), relating to accession bonus for 
     pharmacy officers.
       (7) Section 302k(f), relating to accession bonus for 
     medical officers in critically short wartime specialties.
       (8) Section 302l(g), relating to accession bonus for dental 
     specialist officers in critically short wartime specialties.

     SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
                   AUTHORITIES FOR NUCLEAR OFFICERS.

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

     SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
                   37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
                   BONUS AUTHORITIES.

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

     SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO 
                   PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL 
                   PAYS.

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

     SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION 
                   BONUS FOR OFFICERS IN THE SELECTED RESERVE.

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

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

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

[[Page H6915]]

            Subtitle C--Travel and Transportation Allowances

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

       (a) Travel and Transportation Allowances Generally.--
     Section 474 of title 37, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) 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.''.

     SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE-
                   AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE 
                   AIRCRAFT.

       (a) Program Authorized.--Section 2641b of title 10, United 
     States Code, is amended to read as follows:

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

       ``(a) Authority to Establish Program.--(1) The Secretary of 
     Defense may establish a program (in this section referred to 
     as the `travel program') to provide transportation on 
     Department of Defense aircraft on a space-available basis to 
     the categories of individuals eligible under subsection (c).
       ``(2) 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.

[[Page H6916]]

       ``(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.''.

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

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

       (a) Extension of Authority.--Section 1146 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``2012'' and inserting 
     ``2018''; and
       (2) in subsection (b), by striking ``2012'' and inserting 
     ``2018''.
       (b) Correction of Reference to Administering Secretary.--
     Such section is further amended--
       (1) in subsection (a), by striking ``The Secretary of 
     Transportation'' and inserting ``The Secretary concerned''; 
     and
       (2) in subsection (b), by striking ``The Secretary of 
     Homeland Security'' and inserting ``The Secretary 
     concerned''.

     SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.

       (a) Resumption of Authority to Authorize Transitional 
     Use.--Subsection (a) of section 1147 of title 10, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``October 1, 1990, and 
     ending on December 31, 2001'' and inserting ``October 1, 
     2012, and ending on December 31, 2018''; and
       (2) in paragraph (2), by striking ``October 1, 1994, and 
     ending on December 31, 2001'' and inserting ``October 1, 
     2012, and ending on December 31, 2018''.
       (b) Prohibition on Provision of Transitional Basic 
     Allowance for Housing.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(c) No Transitional Basic Allowance for Housing.--Nothing 
     in this section shall be construed to authorize the Secretary 
     concerned to continue to provide for any period of time to an 
     individual who is involuntarily separated all or any portion 
     of a basic allowance for housing to which the individual was 
     entitled under section 403 of title 37 immediately before 
     being involuntarily separated, even in cases in which the 
     individual or members of the individual's household continue 
     to reside after the separation in a housing unit acquired or 
     constructed under the alternative authority of subchapter IV 
     of chapter 169 of this title that is not owned or leased by 
     the United States.''.
       (c) Correction of Reference to Administering Secretary.--
     Subsection (a)(2) of such section is further amended by 
     striking ``The Secretary of Transportation'' and inserting 
     ``The Secretary concerned''.

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

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

       (a) Deposits Not Required.--Section 1452(e) of title 10, 
     United States Code, is amended--
       (1) in the subsection heading, by inserting ``and FERS'' 
     after ``CSRS'';
       (2) by inserting ``or chapter 84 of such title'' after 
     ``chapter 83 of title 5'';
       (3) by inserting ``or 8416(a)'' after ``8339(j)''; and
       (4) by inserting ``or 8442(a)'' after ``8341(b)''.
       (b) Conforming Amendments.--Section 1450(d) of such title 
     is amended--
       (1) by inserting ``or chapter 84 of such title'' after 
     ``chapter 83 of title 5'';
       (2) by inserting ``or 8416(a)'' after ``8339(j)''; and
       (3) by inserting ``or 8442(a)'' after ``8341(b)''.
       (c) Application of Amendments.--The amendments made by this 
     section shall apply with respect to any participant electing 
     an annuity for survivors under chapter 84 of title 5, United 
     States Code, on or after the date of the enactment of this 
     Act.

     SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 
                   SERVICEMEMBERS' GROUP LIFE INSURANCE FOR 
                   MEMBERS OF THE ARMED FORCES MARRIED TO OTHER 
                   MEMBERS.

       Section 1967(a)(1) of title 38, United States Code, is 
     amended--
       (1) in subparagraph (A)(ii), by inserting after ``insurable 
     dependent of the member'' the following: ``(other than a 
     dependent who is also a member of a uniformed service and, 
     because of such membership, is automatically insured under 
     this paragraph)''; and
       (2) in subparagraph (C)(ii), by inserting after ``insurable 
     dependent of the member'' the following: ``(other than a 
     dependent who is also a member of a uniformed service and, 
     because of such membership, is automatically insured under 
     this paragraph)''.

     SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 
                   SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
                   RETIREES.

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

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

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

       (a) Repeal.--Section 2489 of title 10, United States Code, 
     is amended by striking subsections (b) and (c).
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) by striking ``General Authority.--(1)'' and inserting 
     ``Authority to Establish Restrictions.--'';
       (2) by striking ``(2)'' and inserting ``(b) Limitations on 
     Use of Authority.--''; and
       (3) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively.

     SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE 
                   FALLEN AND MEDITATION PAVILION AT DOVER AIR 
                   FORCE BASE, DELAWARE, AS A FISHER HOUSE.

       (a) Fisher Houses and Authorized Fisher House Residents.--
     Subsection (a) of section 2493 of title 10, United States 
     Code, is amended--
       (1) in paragraph (1)(B), by striking ``by patients'' and 
     all that follows through ``such patients;'' and inserting 
     ``by authorized Fisher House residents;'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The term `Fisher House' includes the Fisher House for 
     the Families of the Fallen and Meditation Pavilion at Dover 
     Air Force Base, Delaware, so long as such facility is 
     available for residential use on a temporary basis by 
     authorized Fisher House residents.''; and
       (4) by adding at the end the following new paragraph:
       ``(4) The term `authorized Fisher House residents' means 
     the following:
       ``(A) With respect to a Fisher House described in paragraph 
     (1) that is located in proximity to a health care facility of 
     the Army, the Air Force, or the Navy, the following persons:
       ``(i) Patients of that health care facility.
       ``(ii) Members of the families of such patients.
       ``(iii) Other persons providing the equivalent of familial 
     support for such patients.
       ``(B) With respect to the Fisher House described in 
     paragraph (2), the following persons:
       ``(i) The primary next of kin of a member of the armed 
     forces who dies while located or serving overseas.
       ``(ii) Other family members of the deceased member who are 
     eligible for transportation under section 481f(e) of title 
     37.
       ``(iii) An escort of a family member described in clause 
     (i) or (ii).''.
       (b) Conforming Amendments.--Subsections (b), (e), and (f) 
     of such section are amended by striking ``health care'' each 
     place it appears.
       (c) Repeal of Fiscal Year 2012 Freestanding Designation.--
     Section 643 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1466) is 
     repealed.

                      Subtitle G--Military Lending

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

       (a) Protections Against Differential Treatment on Consumer 
     Credit Under State Law.--Subsection (d)(2) of section 987 of 
     title 10, United States Code, is amended--
       (1) in subparagraph (A), by inserting ``any consumer credit 
     or'' before ``loans''; and
       (2) in subparagraph (B), by inserting ``covering consumer 
     credit'' after ``State consumer lending protections''.
       (b) Regular Consultations on Protection.--Subsection (h)(3) 
     of such section is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``and not less often than once every two years thereafter,'' 
     after ``under this subsection,''; and
       (2) by striking subparagraph (E) and inserting the 
     following new subparagraph:
       ``(E) The Bureau of Consumer Financial Protection.''.
       (c) Effective Date.--
       (1) Modification of regulations.--The Secretary of Defense 
     shall modify the regulations prescribed under subsection (h) 
     of

[[Page H6917]]

     section 987 of title 10, United States Code, to take into 
     account the amendments made by subsection (a).
       (2) Effective date.--The amendments made by subsection (a) 
     shall take effect on--
       (A) the date that is one year after the date of the 
     enactment of this Act; or
       (B) such earlier date as the Secretary shall specify in the 
     modification of regulations required by paragraph (1).
       (3) Publication of earlier date.--If the Secretary 
     specifies an earlier effective date for the amendments made 
     by subsection (a) pursuant to paragraph (2)(B), the Secretary 
     shall publish notice of such earlier effective date in the 
     Federal Register not later than 90 days before such earlier 
     effective date.

     SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER 
                   CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES 
                   AND THEIR DEPENDENTS.

       (a) Civil Liability.--Section 987(f) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(5) Civil liability.--
       ``(A) In general.--A person who violates this section with 
     respect to any person is civilly liable to such person for--
       ``(i) any actual damage sustained as a result, but not less 
     than $500 for each violation;
       ``(ii) appropriate punitive damages;
       ``(iii) appropriate equitable or declaratory relief; and
       ``(iv) any other relief provided by law.
       ``(B) Costs of the action.--In any successful action to 
     enforce the civil liability described in subparagraph (A), 
     the person who violated this section is also liable for the 
     costs of the action, together with reasonable attorney fees 
     as determined by the court.
       ``(C) Effect of finding of bad faith and harassment.--In 
     any successful action by a defendant under this section, if 
     the court finds the action was brought in bad faith and for 
     the purpose of harassment, the plaintiff is liable for the 
     attorney fees of the defendant as determined by the court to 
     be reasonable in relation to the work expended and costs 
     incurred.
       ``(D) Defenses.--A person may not be held liable for civil 
     liability under this paragraph if the person shows by a 
     preponderance of evidence that the violation was not 
     intentional and resulted from a bona fide error 
     notwithstanding the maintenance of procedures reasonably 
     adapted to avoid any such error. Examples of a bona fide 
     error include clerical, calculation, computer malfunction and 
     programming, and printing errors, except that an error of 
     legal judgment with respect to a person's obligations under 
     this section is not a bona fide error.
       ``(E) Jurisdiction, venue, and statute of limitations.--An 
     action for civil liability under this paragraph may be 
     brought in any appropriate United States district court, 
     without regard to the amount in controversy, or in any other 
     court of competent jurisdiction, not later than the earlier 
     of--
       ``(i) two years after the date of discovery by the 
     plaintiff of the violation that is the basis for such 
     liability; or
       ``(ii) five years after the date on which the violation 
     that is the basis for such liability occurs.''.
       (b) Enforcement Authority.--Such section is further amended 
     by inserting after paragraph (5), as added by subsection (a), 
     the following new paragraph:
       ``(6) Administrative enforcement.--The provisions of this 
     section (other than paragraph (1) of this subsection) shall 
     be enforced by the agencies specified in section 108 of the 
     Truth in Lending Act (15 U.S.C. 1607) in the manner set forth 
     in that section or under any other applicable authorities 
     available to such agencies by law.''.
       (c) Application of Amendment.--The amendment made by 
     subsection (a) shall apply with respect to consumer credit 
     extended on or after the date of the enactment of this Act.

     SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES OF 
                   APPLYING LIMITATIONS ON TERMS OF CONSUMER 
                   CREDIT EXTENDED TO CERTAIN MEMBERS OF THE ARMED 
                   FORCES AND THEIR DEPENDENTS.

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

    Subtitle H--Military Compensation and Retirement Modernization 
                               Commission

     SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.

       (a) Purpose.--The purpose of this subtitle is to establish 
     the Military Compensation and Retirement Modernization 
     Commission to conduct a review of the military compensation 
     and retirement systems and to make recommendations to 
     modernize such systems in order to--
       (1) ensure the long-term viability of the All-Volunteer 
     Force by sustaining the required human resources of that 
     force during all levels of conflict and economic conditions;
       (2) enable the quality of life for members of the Armed 
     Forces and the other uniformed services and their families in 
     a manner that fosters successful recruitment, retention, and 
     careers for members of the Armed Forces and the other 
     uniformed services; and
       (3) modernize and achieve fiscal sustainability for the 
     compensation and retirement systems for the Armed Forces and 
     the other uniformed services for the 21st century.
       (b) Scope of Review.--
       (1) Required elements of review.--In order to provide the 
     fullest understanding of the matters required to balance the 
     primary purpose of the review specified in subsection (a), 
     the Commission shall make its recommendations for changes to 
     the military compensation and retirement systems only after--
       (A) examining all laws, policies, and practices of the 
     Federal Government that result in any direct payment of 
     authorized or appropriated funds to--
       (i) current and former members (veteran and retired) of the 
     uniformed services, including the reserve components of those 
     services; and
       (ii) the spouses, family members, children, survivors, and 
     other persons authorized to receive such payments as a result 
     of their connection to the members of the uniformed services 
     named in clause (i);
       (B) examining all laws, policies, and practices of the 
     Federal Government that result in any expenditure of 
     authorized or appropriated funds to support the persons named 
     in subparagraph (A) and their quality of life, including--
       (i) health, disability, survivor, education, and dependent 
     support programs of the Department of Defense and the 
     Department of Veterans Affairs, including outlays from the 
     various Federal trust funds supporting those programs;
       (ii) Department of Education impact aid;
       (iii) support or funding provided to States, territories, 
     colleges and universities;
       (iv) Department of Defense morale, recreation, and welfare 
     programs, the resale programs (military exchanges and 
     commissaries), and dependent school system;
       (v) the tax treatment of military compensation and 
     benefits; and
       (vi) military family housing; and
       (C) such other matters as the Commission considers 
     appropriate.
       (2) Priorities.--In weighing its recommendations on those 
     matters necessary to sustain the human resources of the All-
     Volunteer Force, the Commission shall--
       (A) pay particular attention to the interrelationships and 
     interplay of impact between and among the various programs of 
     the Federal Government, especially as those programs 
     influence decisions of persons about joining the uniformed 
     services and of members of the uniformed services about 
     remaining in the those services; and
       (B) closely weigh its recommendations regarding the web of 
     interrelated programs supporting spouses and families of 
     members of the uniformed services, so that changes in such 
     programs do not adversely impact decisions to remain in the 
     uniformed services.
       (3) Exception.--The Commission shall not examine any 
     program that uses appropriated funding for initial entry 
     training or unit training of members of the uniformed 
     services.
       (c) Definitions.--In this subtitle:
       (1) The term ``Armed Forces'' has the meaning given the 
     term ``armed forces'' in section 101(a)(4) of title 10, 
     United States Code.
       (2) The term ``Commission'' means the Military Compensation 
     and Retirement Modernization Commission established by 
     section 672.
       (3) The term ``Commission establishment date'' means the 
     first day of the first month beginning on or after the date 
     of the enactment of this Act.
       (4) The term ``military compensation and retirement 
     systems'' means the military compensation system and the 
     military retirement system.
       (5) The term ``military compensation system'' means 
     provisions of law providing eligibility for and the 
     computation of military compensation, including regular 
     military compensation, special and incentive pays and 
     allowances, medical and dental care, educational assistance 
     and related benefits, and commissary and exchange benefits 
     and related benefits and activities.
       (6) The term ``military retirement system'' means 
     retirement benefits, including retired pay based upon service 
     in the uniformed services and survivor annuities based upon 
     such service.
       (7) The term ``Secretary'' means the Secretary of Defense.
       (8) The term ``uniformed services'' has the meaning given 
     that term in section 101(a)(5) of title 10, United States 
     Code.
       (9) The terms ``veterans service organization'' and 
     ``military-related advocacy group or association'' mean an 
     organization whose primary purpose is to advocate for 
     veterans, military personnel, military retirees, or military 
     families.

     SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION 
                   COMMISSION.

       (a) Establishment.--There is established in the executive 
     branch an independent commission to be known as the Military 
     Compensation and Retirement Modernization Commission. The 
     Commission shall be considered an independent establishment 
     of the Federal Government as defined by section 104 of title 
     5, United States Code, and a temporary organization under 
     section 3161 of such title.
       (b) Membership.--
       (1) Number and appointment.--The Commission shall be 
     composed of nine members appointed as follows:
       (A) The President shall appoint one member.

[[Page H6918]]

       (B) The Majority Leader of the Senate, in consultation with 
     the Chairman of the Committee on Armed Services of the 
     Senate, shall appoint two members.
       (C) The Minority Leader of the Senate, in consultation with 
     the Ranking Member of the Committee on Armed Services of the 
     Senate, shall appoint two members.
       (D) The Speaker of the House of Representatives, in 
     consultation with the Chairman of the Committee on Armed 
     Services of the House of Representatives, shall appoint two 
     members.
       (E) The Minority Leader of the House of Representatives, in 
     consultation with the Ranking Member of the Committee on 
     Armed Services of the House of Representatives, shall appoint 
     two members.
       (2) Deadline for appointment.--Members shall be appointed 
     to the Commission under paragraph (1) not later than four 
     months after the Commission establishment date.
       (3) Qualifications of individuals appointed.--In appointing 
     members of the Commission, the President and Members of 
     Congress specified in paragraph (1) shall ensure that, 
     collectively, there are members with significant expertise 
     regarding the matters described in section 671. The types of 
     specific expertise and experience to be considered include 
     the following:
       (A) Federal civilian employee compensation and retirement.
       (B) Military compensation and retirement.
       (C) Private sector compensation, retirement, or human 
     resource systems.
       (D) Active duty service in a regular component of the 
     uniformed services.
       (E) Service in a reserve component.
       (F) Experience as a spouse of a member of the uniformed 
     services.
       (G) Service as an enlisted member of the uniformed 
     services.
       (H) Military family policy development and implementation.
       (I) Department of Veterans Affairs benefit programs.
       (J) Actuarial science.
       (4) Limitation.--An individual who, within the preceding 
     year, has been employed by a veterans service organization or 
     military-related advocacy group or association may not be 
     appointed to the Commission.
       (c) Chair.--The President shall designate one of the 
     members of the Commission to be Chair of the Commission. The 
     individual designated as Chair of the Commission shall be a 
     person who has expertise in the military compensation and 
     retirement systems. The Chair, or the designee of the Chair, 
     shall preside over meetings of the Commission and be 
     responsible for establishing the agenda of Commission 
     meetings and hearings.
       (d) Terms.--Members shall be appointed for the life of the 
     Commission. A vacancy in the Commission shall not affect its 
     powers, and shall be filled in the same manner as the 
     original appointment was made.
       (e) Status as Federal Employees.--Notwithstanding the 
     requirements of section 2105 of title 5, United States Code, 
     including the required supervision under subsection (a)(3) of 
     such section, the members of the Commission shall be deemed 
     to be Federal employees.
       (f) Pay for Members of the Commission.--
       (1) In general.--Each member, other than the Chair, of the 
     Commission shall be paid at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the actual performance 
     of duties vested in the Commission.
       (2) Chair.--The Chair of the Commission shall be paid at a 
     rate equal to the daily equivalent of the annual rate of 
     basic pay payable for level III of the Executive Schedule 
     under section 5314, of title 5, United States Code, for each 
     day (including travel time) during which the member is 
     engaged in the actual performance of duties vested in the 
     Commission.

     SEC. 673. COMMISSION HEARINGS AND MEETINGS.

       (a) In General.--The Commission shall conduct hearings on 
     the recommendations it is taking under consideration. Any 
     such hearing, except a hearing in which classified 
     information is to be considered, shall be open to the public. 
     Any hearing open to the public shall be announced on a 
     Federal website at least 14 days in advance. For all hearings 
     open to the public, the Commission shall release an agenda 
     and a listing of materials relevant to the topics to be 
     discussed.
       (b) Meetings.--
       (1) Initial meeting.--The Commission shall hold its initial 
     meeting not later than 30 days after the date as of which all 
     members have been appointed.
       (2) Subsequent meetings.--After its initial meeting, the 
     Commission shall meet upon the call of the Chair or a 
     majority of its members.
       (3) Public meetings.--Each meeting of the Commission shall 
     be held in public unless any member objects.
       (c) Quorum.--Five members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings.
       (d) Public Comments.--
       (1) Solicitation.--The Commission shall seek written 
     comments from the general public and interested parties on 
     measures to modernize the military compensation and 
     retirement systems. Comments shall be requested through a 
     solicitation in the Federal Register and announcement on the 
     Internet website of the Commission.
       (2) Period for submittal.--The period for the submittal of 
     comments pursuant to the solicitation under paragraph (1) 
     shall end not earlier than 30 days after the date of the 
     solicitation and shall end on or before the date on which the 
     Secretary transmits the recommendations of the Secretary to 
     the Commission under section 674(b).
       (3) Use by commission.--The Commission shall consider the 
     comments submitted under this subsection when developing its 
     recommendations.
       (e) Space for Use of Commission.--Not later than 90 days 
     after the date of the enactment of this Act, the 
     Administrator of General Services, in consultation with the 
     Secretary, shall identify and make available suitable excess 
     space within the Federal space inventory to house the 
     operations of the Commission. If the Administrator is not 
     able to make such suitable excess space available within such 
     90-day period, the Commission may lease space to the extent 
     the funds are available.
       (f) Contracting Authority.--The Commission may acquire 
     administrative supplies and equipment for Commission use to 
     the extent funds are available.

     SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION 
                   RECOMMENDATIONS.

       (a) Context of Commission Review.--The Commission shall 
     conduct a review of the matters described in section 671, 
     including current military compensation and retirement 
     systems, force management objectives, and changes in life 
     expectancy and the labor force.
       (b) Development of Commission Recommendations.--
       (1) Consistency with presidential principles.--Subject to 
     paragraph (2), the Commission shall develop recommendations 
     that are consistent with the principles established by the 
     President under subsection (c) and section 671.
       (2) Grandfathering of retired pay.--
       (A) Conditions.--In developing its recommendations, the 
     Commission shall comply with the following conditions with 
     regard to the treatment of retired pay for members and 
     retired members of the uniformed services who joined a 
     uniformed service before the date of the enactment of an Act 
     to modernize the military compensation and retirement 
     systems:
       (i) For members of the uniformed services as of such date, 
     who became members before the enactment of such an Act, the 
     monthly amount of their retired pay may not be less than they 
     would have received under the current military compensation 
     and retirement system, nor may the date at which they are 
     eligible to receive their military retired pay be adjusted to 
     the financial detriment of the member.
       (ii) For members of the uniformed services retired as of 
     such date, the eligibility for and receipt of their retired 
     pay may not be adjusted pursuant to any change made by the 
     enactment of such an Act.
       (B) Voluntary election exception.--Nothing in subparagraph 
     (A) prevents a member described in such subparagraph from 
     voluntarily electing to be covered under the provisions of an 
     Act to modernize the military compensation and retirement 
     systems.
       (c) Presidential Principles.--Not later than five months 
     after the Commission establishment date, the President shall 
     establish and transmit to the Commission and Congress 
     principles for modernizing the military compensation and 
     retirement systems. The principles established by the 
     President shall address the following:
       (1) Maintaining recruitment and retention of the best 
     military personnel.
       (2) Modernizing the regular and reserve military 
     compensation and retirement systems.
       (3) Differentiating between regular and reserve military 
     service.
       (4) Differentiating between service in the Armed Forces and 
     service in the other uniformed services.
       (5) Assisting with force management.
       (6) Ensuring the fiscal sustainability of the military 
     compensation and retirement systems.
       (7) Compliance with the purpose and scope of the review 
     prescribed in section 671.
       (d) Secretary of Defense Recommendations.--
       (1) Deadline.--Not later than nine months after the 
     Commission establishment date, the Secretary shall transmit 
     to the Commission the recommendations of the Secretary for 
     modernization of the military compensation and retirement 
     systems. The Secretary shall concurrently transmit the 
     recommendations to Congress.
       (2) Development of recommendations.--The Secretary shall 
     develop the recommendations of the Secretary under paragraph 
     (1)--
       (A) on the basis of the principles established by the 
     President pursuant to subsection (c);
       (B) in consultation with the Secretary of Homeland 
     Security, with respect to recommendations concerning members 
     of the Coast Guard;
       (C) in consultation with the Secretary of Health and Human 
     Services, with respect to recommendations concerning members 
     of the Public Health Service;
       (D) in consultation with the Secretary of Commerce, with 
     respect to recommendations concerning members of the National 
     Oceanic and Atmospheric Administration; and
       (E) in consultation with the Director of the Office of 
     Management and Budget.

[[Page H6919]]

       (3) Justification.--The Secretary shall include with the 
     recommendations under paragraph (1) the justification of the 
     Secretary for each recommendation.
       (4) Availability of information.--The Secretary shall make 
     available to the Commission and to Congress the information 
     used by the Secretary to prepare the recommendations of the 
     Secretary under paragraph (1).
       (e) Commission Hearings on Recommendations of Secretary.--
     After receiving from the Secretary the recommendations of the 
     Secretary for modernization of the military compensation and 
     retirement systems under subsection (d), the Commission shall 
     conduct public hearings on the recommendations.
       (f) Commission Report and Recommendations.--
       (1) Report.--Not later than 15 months after the Commission 
     establishment date, the Commission shall transmit to the 
     President a report containing the findings and conclusions of 
     the Commission, together with the recommendations of the 
     Commission for the modernization of the military compensation 
     and retirement systems. The Commission shall include in the 
     report legislative language to implement the recommendations 
     of the Commission. The findings and conclusions in the report 
     shall be based on the review and analysis by the Commission 
     of the recommendations made by the Secretary under subsection 
     (d).
       (2) Requirement for approval.--The recommendations of the 
     Commission must be approved by at least five members of the 
     Commission before the recommendations may be transmitted to 
     the President under paragraph (1).
       (3) Procedures for changing recommendations of secretary.--
     The Commission may make a change described in paragraph (4) 
     in the recommendations made by the Secretary only if the 
     Commission--
       (A) determines that the change is consistent with the 
     principles established by the President under subsection (c);
       (B) publishes a notice of the proposed change not less than 
     45 days before transmitting its recommendations to the 
     President pursuant to paragraph (1); and
       (C) conducts a public hearing on the proposed change.
       (4) Covered changes.--Paragraph (3) applies to a change by 
     the Commission in the recommendations of the Secretary that 
     would--
       (A) add a new recommendation;
       (B) delete a recommendation; or
       (C) substantially change a recommendation.
       (5) Explanation and justification for changes.--The 
     Commission shall explain and justify in its report submitted 
     to the President under paragraph (1) any recommendation made 
     by the Commission that is different from the recommendations 
     made by the Secretary under subsection (d).
       (6) Transmittal to congress.--The Commission shall transmit 
     a copy of its report to Congress on the same date on which it 
     transmits its report to the President under paragraph (1).

     SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY THE 
                   PRESIDENT.

       (a) Report of Presidential Approval or Disapproval.--Not 
     later than 60 days after the date on which the Commission 
     transmits its report to the President under section 674, the 
     President shall transmit to the Commission and to Congress a 
     report containing the approval or disapproval by the 
     President of the recommendations of the Commission in the 
     report.
       (b) Presidential Approval.--If in the report under 
     subsection (a) the President approves all the recommendations 
     of the Commission, the President shall include with the 
     report the following:
       (1) A copy of the recommendations of the Commission.
       (2) The certification by the President of the approval of 
     the President of each recommendation.
       (3) The legislative language transmitted by the Commission 
     to the President as part of the report of the Commission.
       (c) Presidential Disapproval.--
       (1) Reasons for disapproval.--If in the report under 
     subsection (a) the President disapproves the recommendations 
     of the Commission, in whole or in part, the President shall 
     include in the report the reasons for that disapproval.
       (2) Revised recommendations from commission.--Not later 
     than one month after the date of the report of the President 
     under subsection (a) disapproving the recommendations of the 
     Commission, the Commission shall transmit to the President 
     revised recommendations for the modernization of the military 
     compensation and retirement systems, together with revised 
     legislative language to implement the revised recommendations 
     of the Commission.
       (3) Action on revised recommendations.--If the President 
     approves all of the revised recommendations of the Commission 
     transmitted pursuant to paragraph (2), the President shall 
     transmit to Congress, not later than one month after 
     receiving the revised recommendations, the following:
       (A) A copy of the revised recommendations.
       (B) The certification by the President of the approval of 
     the President of each recommendation as so revised.
       (C) The revised legislative language transmitted to the 
     President.
       (d) Termination of Commission.--If the President does not 
     transmit to Congress an approval and certification described 
     in subsection (b) or (c)(3) in accordance with the applicable 
     deadline under such subsection, the Commission shall be 
     terminated not later than one month after the expiration of 
     the period for transmittal of a report under subsection 
     (c)(3).

     SEC. 676. EXECUTIVE DIRECTOR.

       (a) Appointment.--The Commission shall appoint and fix the 
     rate of basic pay for an Executive Director in accordance 
     with section 3161 of title 5, United States Code.
       (b) Limitations.--The Executive Director may not have 
     served on active duty in the Armed Forces or as a civilian 
     employee of the Department of Defense during the one-year 
     period preceding the date of such appointment and may not 
     have been employed by a veterans service organization or a 
     military-related advocacy group or association during that 
     one-year period.

     SEC. 677. STAFF.

       (a) In General.--Subject to subsections (b) and (c), the 
     Executive Director, with the approval of the Commission, may 
     appoint and fix the rate of basic pay for additional 
     personnel as staff of the Commission in accordance with 
     section 3161 of title 5, United States Code.
       (b) Limitations on Staff.--
       (1) Number of detailees from executive department.--Not 
     more than one-third of the personnel employed by or detailed 
     to the Commission may be on detail from the Department of 
     Defense and other executive branch departments.
       (2) Prior duties within executive branch.--A person may not 
     be detailed from the Department of Defense or other executive 
     branch department to the Commission if, in the year before 
     the detail is to begin, that person participated personally 
     and substantially in any matter concerning the preparation of 
     recommendations for military compensation and retirement 
     modernization.
       (3) Number of detailees eligible for military retired 
     pay.--Not more than one-fourth of the personnel employed by 
     or detailed to the Commission may be persons eligible for or 
     receiving military retired pay.
       (4) Prior employment with certain organizations.--A person 
     may not be employed by or detailed to the Commission if, in 
     the year before the employment or detail is to begin, that 
     person was employed by a veterans service organization or a 
     military-related advocacy group or association.
       (c) Limitations on Performance Reviews.--No member of the 
     uniformed services, and no officer or employee of the 
     Department of Defense or other executive branch department, 
     may--
       (1) prepare any report concerning the effectiveness, 
     fitness, or efficiency of the performance of the staff of the 
     Commission or any person detailed to that staff;
       (2) review the preparation of such a report; or
       (3) approve or disapprove such a report.

     SEC. 678. JUDICIAL REVIEW PRECLUDED.

       The following shall not be subject to judicial review:
       (1) Actions of the President, the Secretary, and the 
     Commission under section 674.
       (2) Actions of the President under section 675.

     SEC. 679. TERMINATION.

       Except as otherwise provided in this title, the Commission 
     shall terminate not later than 26 months after the Commission 
     establishment date.

     SEC. 680. FUNDING.

       Of the amounts authorized to be appropriated by this Act 
     for the Department of Defense for fiscal year 2013, up to 
     $10,000,000 shall be made available to the Commission to 
     carry out its duties under this subtitle. Funds made 
     available to the Commission under the preceding sentence 
     shall remain available until expended.

                       Subtitle I--Other Matters

     SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD RESERVE 
                   CALLED TO ACTIVE DUTY UNDER TITLE 14, UNITED 
                   STATES CODE.

       (a) Inclusion in Definition of Contingency Operation.--
     Section 101(a)(13)(B) of title 10, United States Code, is 
     amended by inserting ``section 712 of title 14,'' after 
     ``chapter 15 of this title,''.
       (b) Credit of Service Towards Reduction of Eligibility Age 
     for Receipt of Retired Pay for Non-Regular Service.--Section 
     12731(f)(2)(B) of title 10, United States Code, is amended by 
     adding at the end the following new clause:
       ``(iv) Service on active duty described in this 
     subparagraph is also service on active duty pursuant to a 
     call or order to active duty authorized by the Secretary of 
     Homeland Security under section 712 of title 14 for purposes 
     of emergency augmentation of the Regular Coast Guard 
     forces.''.
       (c) Post 9/11 Educational Assistance.--Section 3301(1)(B) 
     of title 38, United States Code, is amended by inserting ``or 
     section 712 of title 14'' after ``title 10''.
       (d) Retroactive Application of Amendments.--
       (1) Inclusion of prior orders.--The amendments made by this 
     section shall apply to any call or order to active duty 
     authorized under section 712 of title 14, United States Code, 
     on or after December 31, 2011, by the Secretary of the 
     executive department in which the Coast Guard is operating.
       (2) Credit for prior service.--The amendments made by this 
     section shall be deemed to have been enacted on December 31, 
     2011,

[[Page H6920]]

     for purposes of applying the amendments to the following 
     provisions of law:
       (A) Section 5538 of title 5, United States Code, relating 
     to nonreduction in pay.
       (B) Section 701 of title 10, United States Code, relating 
     to the accumulation and retention of leave.
       (C) Section 12731 of title 10, United States Code, relating 
     to age and service requirements for receipt of retired pay 
     for non-regular service.

     SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS 
                   CLAIMS PROCESS TRANSFORMATION PLAN.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the Committees on Armed Forces and 
     the Committees on Veterans' Affairs of the Senate and House 
     of Representatives a report on the plan of the Secretary of 
     Veterans Affairs to reduce the backlog of claims for benefits 
     under laws administered by the Secretary that are pending as 
     of the date of the enactment of this Act and to more 
     efficiently and fairly process claims for such benefits in 
     the future.
       (b) Contents of Report.-- The report required in under 
     subsection (a) shall include each of the following:
       (1) A detailed explanation of the Veterans Benefits 
     Administration Claims Transformation Plan, including--
       (A) a timeline and steps to completion with anticipated 
     completion dates;
       (B) all benchmarks and indicia of success that the 
     Secretary will use to measure the success or failure of each 
     step in the Transformation Plan; and
       (C) the estimated costs, by fiscal year for each of the 
     five fiscal years following the fiscal year during which the 
     report is submitted, associated with the Transformation Plan, 
     including training and personnel costs, as well as the 
     increase or decrease in the number of personnel expected as 
     part of the Transformation Plan.
       (2) A detailed explanation of the claims process that is 
     expected to result after the completion of the Transformation 
     Plan, from initial filing of claim to the award or denial of 
     benefits, including any appellate steps in the process.
       (3) A detailed explanation of the roles and purposes of the 
     Program Management Office, the Veterans Benefits 
     Administration Transformation Governance Board, 
     Transformation Joint Executive Board, and Design Teams, 
     including a list of personnel for each entity as well as 
     current and projected costs over the subsequent five fiscal 
     years to operate and staff each entity.
       (4) A detailed explanation of all steps taken thus far to 
     involve non-Federal entities in the claims process, including 
     the Texas Veterans Commission and other State or local 
     agencies relating to veterans' affairs, veterans service 
     organizations, and other not-for-profit entities.
       (5) A plan for the Secretary to partner with non-Federal 
     entities to support efforts to reduce the backlog of claims 
     for benefits under laws administered by the Secretary and to 
     more efficiently and fairly process such claims in the 
     future, including State and local agencies relating to 
     veterans affairs, veterans service organizations, and such 
     other relevant Government and non-Government entities as the 
     Secretary considers appropriate. Such plan shall include--
       (A) a description of how the Secretary intends to leverage 
     such partnerships with non-Federal entities to eliminate the 
     backlog by--
       (i) increasing the percentage of new claims that are fully 
     developed prior to submittal to the Secretary and expediting 
     the processing of such claims; and
       (ii) helping claimants gather and submit necessary evidence 
     for claims that were previously filed but require further 
     development; and
       (B) a description of how such partnerships with non-Federal 
     entities will fit into the Transformation Plan.

                   TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

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

                 Subtitle B--Health Care Administration

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

          Subtitle C--Mental Health Care and Veterans Matters

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

                 Subtitle D--Reports and Other Matters

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

           Subtitle A--TRICARE and Other Health Care Benefits

     SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE AND TRICARE 
                   DENTAL PROGRAM FOR MEMBERS OF THE SELECTED 
                   RESERVE WHO ARE INVOLUNTARILY SEPARATED.

       (a) TRICARE Standard Coverage.--Section 1076d(b) of title 
     10, United States Code, is amended--
       (1) by striking ``Eligibility'' and inserting ``(1) Except 
     as provided in paragraph (2), eligibility''; and
       (2) by adding at the end the following new paragraph:
       ``(2) During the period beginning on the date of the 
     enactment of this paragraph and ending December 31, 2018, 
     eligibility for a member under this section who is 
     involuntarily separated from the Selected Reserve under other 
     than adverse conditions, as characterized by the Secretary 
     concerned, shall terminate 180 days after the date on which 
     the member is separated.''.
       (b) TRICARE Dental Coverage.--Section 1076a(a)(1) of such 
     title is amended by adding at the end the following new 
     sentence: ``During the period beginning on the date of the 
     enactment of this sentence and ending December 31, 2018, such 
     plan shall provide that coverage for a member of the Selected 
     Reserve who is involuntarily separated from the Selected 
     Reserve under other than adverse conditions, as characterized 
     by the Secretary concerned, shall not terminate earlier than 
     180 days after the date on which the member is separated.''.

     SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN 
                   TRICARE UNIFORM FORMULARY.

       (a) Inclusion.--Subsection (a)(2) of section 1074g of title 
     10, United States Code, is amended--

[[Page H6921]]

       (1) in subparagraph (D), by striking ``No pharmaceutical 
     agent may be excluded'' and inserting ``Except as provided in 
     subparagraph (F), no pharmaceutical agent may be excluded''; 
     and
       (2) by adding at the end the following new subparagraph:
       ``(F)(i) The Secretary may implement procedures to place 
     selected over-the-counter drugs on the uniform formulary and 
     to make such drugs available to eligible covered 
     beneficiaries. An over-the-counter drug may be included on 
     the uniform formulary only if the Pharmacy and Therapeutics 
     Committee established under subsection (b) finds that the 
     over-the-counter drug is cost effective and clinically 
     effective. If the Pharmacy and Therapeutics Committee 
     recommends an over-the-counter drug for inclusion on the 
     uniform formulary, the drug shall be considered to be in the 
     same therapeutic class of pharmaceutical agents, as 
     determined by the Committee, as similar prescription drugs.
       ``(ii) Regulations prescribed by the Secretary to carry out 
     clause (i) shall include the following with respect to over-
     the-counter drugs included on the uniform formulary:
       ``(I) A determination of the means and conditions under 
     paragraphs (5) and (6) through which over-the-counter drugs 
     will be available to eligible covered beneficiaries and the 
     amount of cost sharing that such beneficiaries will be 
     required to pay for over-the-counter drugs, if any, except 
     that no such cost sharing may be required for a member of a 
     uniformed service on active duty.
       ``(II) Any terms and conditions for the dispensing of over-
     the-counter drugs to eligible covered beneficiaries.''.
       (b) Definitions.--Subsection (g) of such section is amended 
     by adding at the end the following new paragraphs:
       ``(3) The term `over-the-counter drug' means a drug that is 
     not subject to section 503(b) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 353(b)).
       ``(4) The term `prescription drug' means a drug that is 
     subject to section 503(b) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 353(b)).''.
       (c) Technical Amendments.--
       (1) Cross-reference amendment.--Subsection (b)(1) of such 
     section is amended by striking ``subsection (g)'' and 
     inserting ``subsection (h)''.
       (2) Repeal of obsolete provisions.--
       (A) Subsection (a)(2)(D) of such section is amended by 
     striking the last sentence.
       (B) Subsection (b)(2) of such section is amended by 
     striking ``Not later than'' and all the follows through 
     ``such 90-day period, the committee'' and inserting ``The 
     committee''.
       (C) Subsection (d)(2) of such section is amended--
       (i) by striking ``Effective not later than April 5, 2000, 
     the Secretary'' and inserting ``The Secretary''; and
       (ii) by striking ``the current managed care support 
     contracts'' and inserting ``the managed care support 
     contracts current as of October 5, 1999,''.

     SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH 
                   ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN CONNECTION WITH A CONTINGENCY 
                   OPERATION.

       Section 1074m(a)(1)(C)(i) of title 10, United States Code, 
     is amended by striking ``one year'' and inserting ``18 
     months''.

     SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN 
                   CASES OF RAPE AND INCEST.

       Section 1093(a) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: ``or 
     in a case in which the pregnancy is the result of an act of 
     rape or incest''.

     SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF AUTISM UNDER 
                   THE TRICARE PROGRAM.

       (a) Pilot Program.--
       (1) In general.--The Secretary of Defense shall conduct a 
     pilot program to provide for the treatment of autism spectrum 
     disorders, including applied behavior analysis.
       (2) Commencement.--The Secretary shall commence the pilot 
     program under paragraph (1) by not later than 90 days after 
     the date of the enactment of this Act.
       (b) Duration.--The Secretary may not carry out the pilot 
     program under subsection (a)(1) for longer than a one-year 
     period.
       (c) Report.--Not later than 270 days after the date on 
     which the pilot program under subsection (a)(1) commences, 
     the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the pilot program. The report shall include the 
     following:
       (1) An assessment of the feasibility and advisability of 
     establishing a beneficiary cost share for the treatment of 
     autism spectrum disorders.
       (2) A comparison of providing such treatment under--
       (A) the ECHO Program; and
       (B) the TRICARE program other than under the ECHO Program.
       (3) Any recommendations for changes in legislation.
       (4) Any additional information the Secretary considers 
     appropriate.
       (d) Definitions.--In this section:
       (1) The term ``ECHO Program'' means the Extended Care 
     Health Option under subsections (d) through (f) of section 
     1079 of title 10, United States Code.
       (2) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.

     SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF 
                   DEFENSE EFFORTS ON MENTAL HEALTH IN THE 
                   NATIONAL GUARD AND RESERVES THROUGH COMMUNITY 
                   PARTNERSHIPS.

       (a) Program Authority.--The Secretary of Defense may carry 
     out a pilot program to enhance the efforts of the Department 
     of Defense in research, treatment, education, and outreach on 
     mental health and substance use disorders and traumatic brain 
     injury in members of the National Guard and Reserves, their 
     family members, and their caregivers through community 
     partners.
       (b) Agreements With Community Partners.--In carrying out 
     the pilot program authorized by subsection (a), the Secretary 
     may enter into partnership agreements with community partners 
     described in subsection (c) using a competitive and merit-
     based award process.
       (c) Community Partner Described.--A community partner 
     described in this subsection is a private non-profit 
     organization or institution that meets such qualifications as 
     the Secretary shall establish for purposes of the pilot 
     program and engages in one or more of the following:
       (1) Research on the causes, development, and innovative 
     treatment of mental health and substance use disorders and 
     traumatic brain injury in members of the National Guard and 
     Reserves, their family members, and their caregivers.
       (2) Identifying and disseminating evidence-based treatments 
     of mental health and substance use disorders and traumatic 
     brain injury described in paragraph (1).
       (3) Outreach and education to such members, their families 
     and caregivers, and the public about mental health and 
     substance use disorders and traumatic brain injury described 
     in paragraph (1).
       (d) Duration.--The duration of the pilot program may not 
     exceed three years.
       (e) Report.--Not later than 180 days before the completion 
     of the pilot program, the Secretary of Defense shall submit 
     to the Secretary of Veterans Affairs and the congressional 
     defense committees a report on the results of the pilot 
     program, including the number of members of the National 
     Guard and Reserves provided treatment or services by 
     community partners, and a description and assessment of the 
     effectiveness and achievements of the pilot program with 
     respect to research, treatment, education, and outreach on 
     mental health and substance use disorders and traumatic brain 
     injury.

     SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED 
                   MEMBERS OF THE UNIFORMED SERVICES.

       It is the sense of Congress that--
       (1) members of the uniformed services and their families 
     endure unique and extraordinary demands and make 
     extraordinary sacrifices over the course of 20 to 30 years of 
     service in protecting freedom for all Americans, as do those 
     who have been medically retired due to the hardships of 
     military service; and
       (2) access to quality health care services is an earned 
     benefit during retirement in acknowledgment of their 
     contributions of service and sacrifice.

                 Subtitle B--Health Care Administration

     SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE PRIME 
                   OF DEPENDENTS OF MEMBERS IN PAY GRADES ABOVE 
                   PAY GRADE E-4.

       Subsection (a) of section 1097a of title 10, United States 
     Code, is amended to read as follows:
       ``(a) Automatic Enrollment of Certain Dependents.--(1) In 
     the case of a dependent of a member of the uniformed services 
     who is entitled to medical and dental care under section 
     1076(a)(2)(A) of this title and resides in a catchment area 
     in which TRICARE Prime is offered, the Secretary--
       ``(A) shall automatically enroll the dependent in TRICARE 
     Prime if the member is in pay grade E-4 or below; and
       ``(B) may automatically enroll the dependent in TRICARE 
     Prime if the member is in pay grade E-5 or higher.
       ``(2) Whenever a dependent of a member is enrolled in 
     TRICARE Prime under paragraph (1), the Secretary concerned 
     shall provide written notice of the enrollment to the member.
       ``(3) The enrollment of a dependent of the member may be 
     terminated by the member or the dependent at any time.''.

     SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS 
                   PROGRAM OF THE TRICARE PROGRAM.

       (a) In General.--Section 1074g(a)(6) of title 10, United 
     States Code, is amended--
       (1) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) The Secretary, in the regulations prescribed under 
     subsection (h), shall establish cost-sharing requirements 
     under the pharmacy benefits program. In accordance with 
     subparagraph (C), such cost-sharing requirements shall 
     consist of the following:
       ``(i) With respect to each supply of a prescription 
     covering not more than 30 days that is obtained by a covered 
     beneficiary under the TRICARE retail pharmacy program--
       ``(I) in the case of generic agents, $5;
       ``(II) in the case of formulary agents, $17; and
       ``(III) in the case of nonformulary agents, $44.
       ``(ii) With respect to each supply of a prescription 
     covering not more than 90 days that is obtained by a covered 
     beneficiary under the national mail-order pharmacy program--

[[Page H6922]]

       ``(I) in the case of generic agents, $0;
       ``(II) in the case of formulary agents, $13; and
       ``(III) in the case of nonformulary agents, $43.''; and
       (2) by adding at the end the following new subparagraph:
       ``(C)(i) Beginning October 1, 2013, the amount of any 
     increase in a cost-sharing amount specified in subparagraph 
     (A) in a year may not exceed the amount equal to the 
     percentage of such cost-sharing amount at the time of such 
     increase equal to the percentage by which retired pay is 
     increased under section 1401a of this title in that year.
       ``(ii) If the amount of the increase otherwise provided for 
     a year by clause (i) is less than $1, the increase shall not 
     be made for such year, but shall be carried over to, and 
     accumulated with, the amount of the increase for the 
     subsequent year or years and made when the aggregate amount 
     of increases carried over under this clause for a year is $1 
     or more.
       ``(iii) The provisions of this subparagraph shall not apply 
     to any increase in cost-sharing amounts described in clause 
     (i) that is made by the Secretary of Defense on or after 
     October 1, 2022. The Secretary may increase copayments, as 
     considered appropriate by the Secretary, beginning on October 
     1, 2022.''.
       (b) Effective Date.--
       (1) In general.--The cost-sharing requirements under 
     subparagraph (A) of section 1074g(a)(6) of title 10, United 
     States Code, as amended by subsection (a)(1), shall apply 
     with respect to prescriptions obtained under the TRICARE 
     pharmacy benefits program on or after such date as the 
     Secretary of Defense shall specify, but not later than the 
     date that is 45 days after the date of the enactment of this 
     Act.
       (2) Federal register.--The Secretary shall publish notice 
     of the effective date of the cost-sharing requirements 
     specified under paragraph (1) in the Federal Register.

     SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY 
                   AND REQUIREMENTS TO SUBCONTRACTORS EMPLOYED TO 
                   PROVIDE HEALTH CARE SERVICES TO THE DEPARTMENT 
                   OF DEFENSE.

       (a) Applicability of Federal Tort Claims Act to 
     Subcontractors.--Section 1089(a) of title 10, United States 
     Code, is amended in the last sentence--
       (1) by striking ``if the physician, dentist, nurse, 
     pharmacist, or paramedical'' and inserting ``to such a 
     physician, dentist, nurse, pharmacist, or paramedical'';
       (2) by striking ``involved is''; and
       (3) by inserting before the period at the end the 
     following: ``or a subcontract at any tier under such a 
     contract that is authorized in accordance with the 
     requirements of such section 1091''.
       (b) Applicability of Personal Services Contracting 
     Authority to Subcontractors.--Section 1091(c) of such title 
     is amended by adding at the end the following new paragraph:
       ``(3) The procedures established under paragraph (1) may 
     provide for a contracting officer to authorize a contractor 
     to enter into a subcontract for personal services on behalf 
     of the agency upon a determination that the subcontract is--
       ``(A) consistent with the requirements of this section and 
     the procedures established under paragraph (1); and
       ``(B) in the best interests of the agency.''.

     SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF THE 
                   TRICARE PROGRAM.

       Section 717(a)(1) of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 376; 10 
     U.S.C. 1073 note) is amended by striking ``military 
     retirees'' and inserting ``members of the Armed Forces 
     (whether in the regular or reserve components) and their 
     dependents, military retirees and their dependents, and 
     dependents of members on active duty with severe disabilities 
     and chronic health care needs''.

     SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND 
                   EFFICIENCY OF HEALTH ENGAGEMENTS.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Under Secretary of Defense for Policy and the 
     Assistant Secretary of Defense for Health Affairs, shall 
     develop a process to ensure that health engagements conducted 
     by the Department of Defense are effective and efficient in 
     meeting the national security goals of the United States.
       (b) Process Goals.--The Assistant Secretary of Defense for 
     Health Affairs shall ensure that each process developed under 
     subsection (a)--
       (1) assesses the operational mission capabilities of the 
     health engagement;
       (2) uses the collective expertise of the Federal Government 
     and non-governmental organizations to ensure collaboration 
     and partnering activities; and
       (3) assesses the stability and resiliency of the host 
     nation of such engagement.
       (c) Assessment Tool.--The Assistant Secretary of Defense 
     for Health Affairs may establish a measure of effectiveness 
     learning tool to assess the process developed under 
     subsection (a) to ensure the applicability of the process to 
     health engagements conducted by the Department of Defense.
       (d) Health Engagement Defined.--In this section, the term 
     ``health engagement'' means a health stability operation 
     conducted by the Department of Defense outside the United 
     States in coordination with a foreign government or 
     international organization to establish, reconstitute, or 
     maintain the health sector of a foreign country.

     SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 
                   MEDICATIONS FOR TRICARE FOR LIFE BENEFICIARIES 
                   THROUGH THE TRICARE MAIL-ORDER PHARMACY 
                   PROGRAM.

       (a) In General.--The Secretary of Defense shall conduct a 
     pilot program to refill prescription maintenance medications 
     for each TRICARE for Life beneficiary through the national 
     mail-order pharmacy program under section 1074g(a)(2)(E)(iii) 
     of title 10, United States Code.
       (b) Medications Covered.--
       (1) Determination.--The Secretary shall determine the 
     prescription maintenance medications included in the pilot 
     program under subsection (a).
       (2) Supply.--In carrying out the pilot program under 
     subsection (a), the Secretary shall ensure that the 
     medications included in the program are generally available 
     to a TRICARE for Life beneficiary--
       (A) for an initial filling of a 30-day or less supply 
     through--
       (i) retail pharmacies under clause (ii) of section 
     1074g(a)(2)(E) of title 10, United States Code; and
       (ii) facilities of the uniformed services under clause (i) 
     of such section; and
       (B) for a refill of such medications through--
       (i) the national mail-order pharmacy program; and
       (ii) such facilities of the uniformed services.
       (3) Exemption.-- The Secretary may exempt the following 
     prescription maintenance medications from the requirements in 
     paragraph (2):
       (A) Such medications that are for acute care needs.
       (B) Such other medications as the Secretary determines 
     appropriate.
       (c) Nonparticipation.--
       (1) Opt out.--The Secretary shall give TRICARE for Life 
     beneficiaries who have been covered by the pilot program 
     under subsection (a) for a period of one year an opportunity 
     to opt out of continuing to participate in the program.
       (2) Waiver.--The Secretary may waive the requirement of a 
     TRICARE for Life beneficiary to participate in the pilot 
     program under subsection (a) if the Secretary determines, on 
     an individual basis, that such waiver is appropriate.
       (d) Regulations.--The Secretary shall prescribe regulations 
     to carry out the pilot program under subsection (a), 
     including regulations with respect to--
       (1) the prescription maintenance medications included in 
     the pilot program pursuant to subsection (b)(1); and
       (2) addressing instances where a TRICARE for Life 
     beneficiary covered by the pilot program attempts to refill 
     such medications at a retail pharmacy rather than through the 
     national mail-order pharmacy program or a facility of the 
     uniformed services.
       (e) Reports.--Not later than March 31 of each year 
     beginning in 2014 and ending in 2018, the Secretary shall 
     submit to the congressional defense committees a report on 
     the pilot program under subsection (a), including the effects 
     of offering incentives for the use of mail order pharmacies 
     by TRICARE beneficiaries and the effect on retail pharmacies.
       (f) Sunset.--The Secretary may not carry out the pilot 
     program under subsection (a) after December 31, 2017.
       (g) TRICARE for Life Beneficiary Defined.--In this section, 
     the term ``TRICARE for Life beneficiary'' means a TRICARE 
     beneficiary enrolled in the Medicare wraparound coverage 
     option of the TRICARE program made available to the 
     beneficiary by reason of section 1086(d) of title 10, United 
     States Code.

          Subtitle C--Mental Health Care and Veterans Matters

     SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS OF RECORDS AND 
                   INFORMATION RETAINED UNDER THE MEDICAL TRACKING 
                   SYSTEM FOR MEMBERS OF THE ARMED FORCES DEPLOYED 
                   OVERSEAS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly enter into a memorandum of 
     understanding providing for the sharing by the Department of 
     Defense with the Department of Veterans Affairs of the 
     results of examinations and other records on members of the 
     Armed Forces that are retained and maintained with respect to 
     the medical tracking system for members deployed overseas 
     under section 1074f(c) of title 10, United States Code.
       (b) Cessation Upon Implementation of Electronic Health 
     Record.--The sharing required pursuant to subsection (a) 
     shall cease on the date on which the Secretary of Defense and 
     the Secretary of Veterans Affairs jointly certify to Congress 
     that the Secretaries have fully implemented an integrated 
     electronic health record for members of the Armed Forces that 
     is fully interoperable between the Department of Defense and 
     the Department of Veterans Affairs.

     SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN 
                   PEER SUPPORT COUNSELING PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Participation.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly enter into a memorandum of 
     understanding providing for members of the

[[Page H6923]]

     Armed Forces described in subsection (b) to volunteer or be 
     considered for employment as peer counselors under the 
     following:
       (A) The peer support counseling program carried out by the 
     Secretary of Veterans Affairs under subsection (j) of section 
     1720F of title 38, United States Code, as part of the 
     comprehensive program for suicide prevention among veterans 
     under subsection (a) of such section.
       (B) The peer support counseling program carried out by the 
     Secretary of Veterans Affairs under section 304(a)(1) of the 
     Caregivers and Veterans Omnibus Health Services Act of 2010 
     (Public Law 111-163; 124 Stat. 1150; 38 U.S.C. 1712A note).
       (2) Training.--Any member participating in a peer support 
     counseling program under paragraph (1) shall receive the 
     training for peer counselors under section 1720F(j)(2) of 
     title 38, United States Code, or section 304(c) of the 
     Caregivers and Veterans Omnibus Health Services Act of 2010, 
     as applicable, before performing peer support counseling 
     duties under such program.
       (b) Covered Members.--Members of the Armed Forces described 
     in this subsection are the following:
       (1) Members of the reserve components of the Armed Forces 
     who are demobilizing after deployment in a theater of combat 
     operations, including, in particular, members who 
     participated in combat against the enemy while so deployed.
       (2) Members of the regular components of the Armed Forces 
     separating from active duty who have been deployed in a 
     theater of combat operations in which such members 
     participated in combat against the enemy.

     SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH 
                   CONDITIONS.

       (a) Research and Practice.--The Secretary of Defense shall 
     provide for the translation of research on the diagnosis and 
     treatment of mental health conditions into policy on medical 
     practices.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the House of Representatives 
     and the Senate a report on the translation of research into 
     policy as described in subsection (a). The report shall 
     include the following:
       (1) A summary of the efforts of the Department of Defense 
     to carry out such translation.
       (2) A description of any policy established pursuant to 
     subsection (a).
       (3) Additional legislative or administrative actions the 
     Secretary considers appropriate with respect to such 
     translation.

     SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES 
                   PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Measurement of Mental Health Care Services.--
       (1) In general.--Not later than December 31, 2013, the 
     Secretary of Veterans Affairs shall develop and implement a 
     comprehensive set of measures to assess mental health care 
     services furnished by the Department of Veterans Affairs.
       (2) Elements.--The measures developed and implemented under 
     paragraph (1) shall provide an accurate and comprehensive 
     assessment of the following:
       (A) The timeliness of the furnishing of mental health care 
     by the Department.
       (B) The satisfaction of patients who receive mental health 
     care services furnished by the Department.
       (C) The capacity of the Department to furnish mental health 
     care.
       (D) The availability and furnishing of evidence-based 
     therapies by the Department.
       (b) Guidelines for Staffing Mental Health Care Services.--
     Not later than December 31, 2013, the Secretary shall develop 
     and implement guidelines for the staffing of general and 
     specialty mental health care services, including at 
     community-based outpatient clinics. Such guidelines shall 
     include productivity standards for providers of mental health 
     care.
       (c) Study Committee.--
       (1) In general.--The Secretary shall seek to enter into a 
     contract with the National Academy of Sciences to create a 
     study committee--
       (A) to consult with the Secretary on the Secretary's 
     development and implementation of the measures and guidelines 
     required by subsections (a) and (b); and
       (B) to conduct an assessment and provide an analysis and 
     recommendations on the state of Department mental health 
     services.
       (2) Functions.--In entering into the contract described in 
     paragraph (1), the Secretary shall, with respect to paragraph 
     (1)(B), include in such contract a provision for the study 
     committee--
       (A) to conduct a comprehensive assessment of barriers to 
     access to mental health care by veterans who served in the 
     Armed Forces in Operation Enduring Freedom, Operation Iraqi 
     Freedom, or Operation New Dawn;
       (B) to assess the quality of the mental health care being 
     provided to such veterans (including the extent to which 
     veterans are afforded choices with respect to modes of 
     treatment) through site visits to facilities of the Veterans 
     Health Administration (including at least one site visit in 
     each Veterans Integrated Service Network), evaluating studies 
     of patient outcomes, and other appropriate means;
       (C) to assess whether, and the extent to which, veterans 
     who served in the Armed Forces in Operation Enduring Freedom, 
     Operation Iraqi Freedom, or Operation New Dawn are being 
     offered a full range of necessary mental health services at 
     Department health care facilities, including early 
     intervention services for hazardous drinking, relationship 
     problems, and other behaviors that create a risk for the 
     development of a chronic mental health condition;
       (D) to conduct surveys or have access to Department-
     administered surveys of--
       (i) providers of Department mental health services;
       (ii) veterans who served in the Armed Forces in Operation 
     Enduring Freedom, Operation Iraqi Freedom, or Operation New 
     Dawn who are receiving mental health care furnished by the 
     Department; and
       (iii) eligible veterans who served in the Armed Forces in 
     Operation Enduring Freedom, Operation Iraqi Freedom, or 
     Operation New Dawn who are not using Department health care 
     services to assess those barriers described in subparagraph 
     (A); and
       (E) to provide to the Secretary, on the basis of its 
     assessments as delineated in subparagraphs (A) through (C), 
     specific, detailed recommendations--
       (i) for overcoming barriers, and improving access, to 
     timely, effective mental health care at Department health 
     care facilities (or, where Department facilities cannot 
     provide such care, through contract arrangements under 
     existing law); and
       (ii) to improve the effectiveness and efficiency of mental 
     health services furnished by the Secretary.
       (3) Participation by former officials and employees of 
     veterans health administration.--The Secretary shall ensure 
     that any contract entered into under paragraph (1) provides 
     for inclusion on any subcommittee which participates in 
     conducting the assessments and formulating the 
     recommendations provided for in paragraph (2) at least one 
     former official of the Veterans Health Administration and at 
     least two former employees of the Veterans Health 
     Administration who were providers of mental health care.
       (4) Periodic reports to secretary.--In entering into the 
     contract described in paragraph (1), the Secretary shall, 
     with respect to paragraph (1)(A), include in such contract a 
     provision for the submittal to the Secretary of periodic 
     reports and provision of other consultation to the Secretary 
     by the study committee to assist the Secretary in carrying 
     out subsections (a) and (b).
       (5) Reports to congress.--Not later than 30 days after 
     receiving a report under paragraph (4), the Secretary shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the plans of the Secretary to 
     implement such recommendations submitted to the Secretary by 
     the study committee as the Secretary considers appropriate. 
     Such report shall include a description of each 
     recommendation submitted to the Secretary that the Secretary 
     does not plan to carry out and an explanation of why the 
     Secretary does not plan to carry out such recommendation.
       (d) Publication.--
       (1) In general.--The Secretary shall make available to the 
     public on an Internet website of the Department the 
     following:
       (A) The measures and guidelines developed and implemented 
     under this section.
       (B) An assessment of the performance of the Department 
     using such measures and guidelines.
       (2) Quarterly updates.--The Secretary shall update the 
     measures, guidelines, and assessment made available to the 
     public under paragraph (1) not less frequently than 
     quarterly.
       (e) Semiannual Reports.--
       (1) In general.--Not later than June 30, 2013, and not less 
     frequently than twice each year thereafter, the Secretary 
     shall submit to the committees of Congress specified in 
     subsection (c)(5) a report on the Secretary's progress in 
     developing and implementing the measures and guidelines 
     required by this section.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A description of the development and implementation of 
     the measures required by subsection (a) and the guidelines 
     required by subsection (b).
       (B) A description of the progress made by the Secretary in 
     developing and implementing such measures and guidelines.
       (C) An assessment of the mental health care services 
     furnished by the Department, using the measures developed and 
     implemented under subsection (a).
       (D) An assessment of the effectiveness of the guidelines 
     developed and implemented under subsection (b).
       (E) Such recommendations for legislative or administrative 
     action as the Secretary may have to improve the effectiveness 
     and efficiency of the mental health care services furnished 
     under laws administered by the Secretary.
       (f) Implementation Report.--
       (1) In general.--Not later than 30 days before the date on 
     which the Secretary begins implementing the measures and 
     guidelines required by this section, the Secretary shall 
     submit to the committees of Congress specified in subsection 
     (c)(5) a report on the Secretary's planned implementation of 
     such measures and guidelines.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A detailed description of the measures and guidelines 
     that the Secretary plans to implement under this section.

[[Page H6924]]

       (B) A description of the rationale for each measure and 
     guideline the Secretary plans to implement under this 
     section.
       (C) A discussion of each measure and guideline that the 
     Secretary considered under this section but chose not to 
     implement.
       (D) The number of current vacancies in mental health care 
     provider positions in the Department.
       (E) An assessment of how many additional positions are 
     needed to meet current or expected demand for mental health 
     services furnished by the Department.

     SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE 
                   FURNISHING COUNSELING TO CERTAIN MEMBERS OF THE 
                   ARMED FORCES AND THEIR FAMILY MEMBERS.

       Section 1712A of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``Upon the request'' 
     and all that follows through the period at the end and 
     inserting ``Upon the request of any individual referred to in 
     subparagraph (C), the Secretary shall furnish counseling, 
     including by furnishing counseling through a Vet Center, to 
     the individual--
       ``(i) in the case of an individual referred to in clauses 
     (i) through (iv) of subparagraph (C), to assist the 
     individual in readjusting to civilian life; and
       ``(ii) in the case of an individual referred to in clause 
     (v) of such subparagraph who is a family member of a veteran 
     or member described in such clause--
       ``(I) in the case of a member who is deployed in a theater 
     of combat operations or an area at a time during which 
     hostilities are occurring in that area, during such 
     deployment to assist such individual in coping with such 
     deployment; and
       ``(II) in the case of a veteran or member who is 
     readjusting to civilian life, to the degree that counseling 
     furnished to such individual is found to aid in the 
     readjustment of such veteran or member to civilian life.''; 
     and
       (ii) by striking subparagraph (B) and inserting the 
     following new subparagraphs:
       ``(B) Counseling furnished to an individual under 
     subparagraph (A) may include a comprehensive individual 
     assessment of the individual's psychological, social, and 
     other characteristics to ascertain whether--
       ``(i) in the case of an individual referred to in clauses 
     (i) through (iv) of subparagraph (C), such individual has 
     difficulties associated with readjusting to civilian life; 
     and
       ``(ii) in the case of an individual referred to in clause 
     (v) of such subparagraph, such individual has difficulties 
     associated with--
       ``(I) coping with the deployment of a member described in 
     subclause (I) of such clause; or
       ``(II) readjustment to civilian life of a veteran or member 
     described in subclause (II) of such clause.
       ``(C) Subparagraph (A) applies to the following 
     individuals:
       ``(i) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who served on active duty in a theater of 
     combat operations or an area at a time during which 
     hostilities occurred in that area.
       ``(ii) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who provided direct emergency medical or 
     mental health care, or mortuary services to the causalities 
     of combat operations or hostilities, but who at the time was 
     located outside the theater of combat operations or area of 
     hostilities.
       ``(iii) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who engaged in combat with an enemy of the 
     United States or against an opposing military force in a 
     theater of combat operations or an area at a time during 
     which hostilities occurred in that area by remotely 
     controlling an unmanned aerial vehicle, notwithstanding 
     whether the physical location of such veteran or member 
     during such combat was within such theater of combat 
     operations or area.
       ``(iv) Any individual who received counseling under this 
     section before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013.
       ``(v) Any individual who is a family member of any--
       ``(I) member of the Armed Forces, including a member of a 
     reserve component of the Armed Forces, who is serving on 
     active duty in a theater of combat operations or in an area 
     at a time during which hostilities are occurring in that 
     area; or
       ``(II) veteran or member of the Armed Forces described in 
     this subparagraph.'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraph (3) as paragraph (2); and
       (D) in paragraph (2), as redesignated by subparagraph (C)--
       (i) by striking ``a veteran described in paragraph 
     (1)(B)(iii)'' and inserting ``an individual described in 
     paragraph (1)(C)''; and
       (ii) by striking ``the veteran a preliminary general mental 
     health assessment'' and inserting ``the individual a 
     comprehensive individual assessment as described in paragraph 
     (1)(B)'';
       (2) in subsection (b)(1), by striking ``physician or 
     psychologist'' each place it appears and inserting ``licensed 
     or certified mental health care provider'';
       (3) in subsection (g)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) The term `Vet Center' means a facility which is 
     operated by the Department for the provision of services 
     under this section and which is situated apart from 
     Department general health care facilities.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) The term `family member', with respect to a veteran 
     or member of the Armed Forces, means an individual who--
       ``(A) is a member of the family of the veteran or member, 
     including--
       ``(i) a parent;
       ``(ii) a spouse;
       ``(iii) a child;
       ``(iv) a step-family member; and
       ``(v) an extended family member; or
       ``(B) lives with the veteran or member but is not a member 
     of the family of the veteran or member.''; and
       (4) by redesignating subsection (g), as amended by 
     paragraph (3), as subsection (h) and inserting after 
     subsection (f) the following new subsection (g):
       ``(g) In carrying out this section and in furtherance of 
     the Secretary's responsibility to carry out outreach 
     activities under chapter 63 of this title, the Secretary may 
     provide for and facilitate the participation of personnel 
     employed by the Secretary to provide services under this 
     section in recreational programs that are--
       ``(1) designed to encourage the readjustment of veterans 
     described in subsection (a)(1)(C); and
       ``(2) operated by any organization named in or approved 
     under section 5902 of this title.''.

     SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE 
                   IN THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Subchapter I of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7309. Readjustment Counseling Service

       ``(a) In General.--There is in the Veterans Health 
     Administration a Readjustment Counseling Service. The 
     Readjustment Counseling Service shall provide readjustment 
     counseling and associated services to individuals in 
     accordance with section 1712A of this title.
       ``(b) Chief Officer.--(1) The head of the Readjustment 
     Counseling Service shall be the Chief Officer of the 
     Readjustment Counseling Service (in this section referred to 
     as the `Chief Officer'), who shall report directly to the 
     Under Secretary for Health.
       ``(2) The Chief Officer shall be appointed by the Under 
     Secretary for Health from among individuals who--
       ``(A)(i) are psychologists who hold a diploma as a 
     doctorate in clinical or counseling psychology from an 
     authority approved by the American Psychological Association 
     and who have successfully undergone an internship approved by 
     that association;
       ``(ii) are holders of a master in social work degree; or
       ``(iii) hold such other advanced degrees related to mental 
     health as the Secretary considers appropriate;
       ``(B) have at least three years of experience providing 
     direct counseling services or outreach services in the 
     Readjustment Counseling Service;
       ``(C) have at least three years of experience 
     administrating direct counseling services or outreach 
     services in the Readjustment Counseling Service;
       ``(D) meet the quality standards and requirements of the 
     Department; and
       ``(E) are veterans who served in combat as members of the 
     Armed Forces.
       ``(c) Structure.--(1) The Readjustment Counseling Service 
     is a distinct organizational element within Veterans Health 
     Administration.
       ``(2) The Readjustment Counseling Service shall provide 
     counseling and services as described in subsection (a).
       ``(3) The Chief Officer shall have direct authority over 
     all Readjustment Counseling Service staff and assets, 
     including Vet Centers.
       ``(d) Source of Funds.--(1) Amounts for the activities of 
     the Readjustment Counseling Service, including the operations 
     of its Vet Centers, shall be derived from amounts 
     appropriated for the Veterans Health Administration for 
     medical care.
       ``(2) Amounts for activities of the Readjustment Counseling 
     Service, including the operations of its Vet Centers, shall 
     not be allocated through the Veterans Equitable Resource 
     Allocation system.
       ``(3) In each budget request submitted for the Department 
     of Veterans Affairs by the President to Congress under 
     section 1105 of title 31, the budget request for the 
     Readjustment Counseling Service shall be listed separately.
       ``(e) Annual Report.--(1) Not later than March 15 of each 
     year, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the activities of the Readjustment Counseling Service during 
     the preceding calendar year.
       ``(2) Each report submitted under paragraph (1) shall 
     include, with respect to the period covered by the report, 
     the following:

[[Page H6925]]

       ``(A) A summary of the activities of the Readjustment 
     Counseling Service, including Vet Centers.
       ``(B) A description of the workload and additional 
     treatment capacity of the Vet Centers, including, for each 
     Vet Center, the ratio of the number of full-time equivalent 
     employees at such Vet Center and the number of individuals 
     who received services or assistance at such Vet Center.
       ``(C) A detailed analysis of demand for and unmet need for 
     readjustment counseling services and the Secretary's plan for 
     meeting such unmet need.
       ``(f) Vet Center Defined.--In this section, the term `Vet 
     Center' has the meaning given the term in section 1712A(h)(1) 
     of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by inserting 
     after the item relating to section 7308 the following new 
     item:

``7309. Readjustment Counseling Service.''.
       (c) Conforming Amendments.--Section 7305 of such title is 
     amended--
       (1) by redesignating paragraph (7) as paragraph (8); and
       (2) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) A Readjustment Counseling Service.''.

     SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR 
                   FURNISHING MENTAL HEALTH SERVICES ON BEHALF OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS WITHOUT 
                   COMPENSATION FROM THE DEPARTMENT.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out a national program of outreach to societies, 
     community organizations, nonprofit organizations, and 
     government entities in order to recruit mental health 
     providers who meet the quality standards and requirements of 
     the Department of Veterans Affairs to provide mental health 
     services for the Department on a part-time, without-
     compensation basis, under section 7405 of title 38, United 
     States Code.
       (b) Partnering With and Developing Community Entities and 
     Nonprofit Organizations.--In carrying out the program 
     required by subsection (a), the Secretary may partner with a 
     community entity or nonprofit organization or assist in the 
     development of a community entity or nonprofit organization, 
     including by entering into an agreement under section 8153 of 
     title 38, United States Code, that provides strategic 
     coordination of the societies, organizations, and government 
     entities described in subsection (a) in order to maximize the 
     availability and efficient delivery of mental health services 
     to veterans by such societies, organizations, and government 
     entities.
       (c) Military Culture Training.--In carrying out the program 
     required by subsection (a), the Secretary shall provide 
     training to mental health providers to ensure that clinicians 
     who provide mental health services as described in such 
     subsection have sufficient understanding of military-specific 
     and service-specific culture, combat experience, and other 
     factors that are unique to the experience of veterans who 
     served in Operation Enduring Freedom, Operating Iraqi 
     Freedom, or Operation New Dawn.

     SEC. 730. PEER SUPPORT.

       (a) Peer Support Counseling Program.--
       (1) Program required.--Paragraph (1) of section 1720F(j) of 
     title 38, United States Code, is amended in the matter 
     preceding subparagraph (A) by striking ``may'' and inserting 
     ``shall''.
       (2) Training.--Paragraph (2) of such section is amended by 
     inserting after ``peer counselors'' the following: ``, 
     including training carried out under the national program of 
     training required by section 304(c) of the Caregivers and 
     Veterans Omnibus Health Services Act of 2010 (38 U.S.C. 1712A 
     note)''.
       (3) Availability of program at department medical 
     centers.--Such section is amended by adding at the end the 
     following new paragraph:
       ``(3) In addition to other locations the Secretary 
     considers appropriate, the Secretary shall carry out the peer 
     support program under this subsection at each Department 
     medical center.''.
       (4) Deadline for commencement of program.--The Secretary of 
     Veterans Affairs shall ensure that the peer support 
     counseling program required by section 1720F(j) of title 38, 
     United States Code, as amended by this subsection, commences 
     at each Department of Veterans Affairs medical center not 
     later than 270 days after the date of the enactment of this 
     Act.
       (b) Peer Outreach and Peer Support Services at Department 
     Medical Centers Under Program on Readjustment and Mental 
     Health Care Services for Veterans Who Served in Operation 
     Enduring Freedom and Operation Iraqi Freedom.--
       (1) In general.--Section 304 of the Caregivers and Veterans 
     Omnibus Health Services Act of 2010 (Public Law 111-163; 38 
     U.S.C. 1712A note) is amended--
       (A) by redesignating subsection (e) as subsection (f); and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Provision of Peer Outreach and Peer Support Services 
     at Department Medical Centers.--The Secretary shall carry out 
     the services required by subparagraphs (A) and (B) of 
     subsection (a)(1) at each Department medical center.''.
       (2) Deadline.--The Secretary of Veterans Affairs shall 
     commence carrying out the services required by subparagraphs 
     (A) and (B) of subsection (a)(1) of such section at each 
     Department of Veterans Affairs medical center, as required by 
     subsection (e) of such section (as added by paragraph (1)), 
     not later than 270 days after the date of the enactment of 
     this Act.

                 Subtitle D--Reports and Other Matters

     SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE 
                   MILITARY HEALTH SYSTEM.

       (a) Detailed Plan.--In implementing reforms to the 
     governance of the military health system described in the 
     memorandum of the Deputy Secretary of Defense dated March 
     2012, the Secretary of Defense shall develop a detailed plan 
     to carry out such reform.
       (b) Elements.--The plan developed under subsection (a) 
     shall include the following:
       (1) Goals to achieve while carrying out the reform 
     described in subsection (a), including goals with respect to 
     improving clinical and business practices, cost reductions, 
     infrastructure reductions, and personnel reductions, achieved 
     by establishing the Defense Health Agency, carrying out 
     shared services, and modifying the governance of the National 
     Capital Region.
       (2) Metrics to evaluate the achievement of each goal under 
     paragraph (1) with respect to the purpose, objective, and 
     improvements made by each such goal.
       (3) The personnel levels required for the Defense Health 
     Agency and the National Capital Region Medical Directorate.
       (4) A detailed schedule to carry out the reform described 
     in subsection (a), including a schedule for meeting the goals 
     under paragraph (1).
       (5) Detailed information describing the initial operating 
     capability of the Defense Health Agency.
       (6) With respect to each shared service that the Secretary 
     will implement during fiscal year 2013 or 2014--
       (A) a timeline for such implementation; and
       (B) a business case analysis detailing--
       (i) the services that will be consolidated into the shared 
     service;
       (ii) the purpose of the shared service;
       (iii) the scope of the responsibilities and goals for the 
     shared service;
       (iv) the cost of implementing the shared service, including 
     the costs regarding personnel severance, relocation, military 
     construction, information technology, and contractor support; 
     and
       (v) the anticipated cost savings to be realized by 
     implementing the shared service.
       (c) Submission.--The Secretary of Defense shall submit to 
     the congressional defense committees the plan developed under 
     subsection (a) as follows:
       (1) The contents of the plan described in paragraphs (1) 
     and (4) of subsection (b) shall be submitted not later than 
     March 31, 2013.
       (2) The contents of the plan described in paragraphs (2) 
     and (3) of subsection (b) and paragraph (6) of such 
     subsection with respect to shared services implemented during 
     fiscal year 2013 shall be submitted not later than June 30, 
     2013.
       (3) The contents of the plan described in paragraph (6) of 
     such subsection with respect to shared services implemented 
     during fiscal year 2014 shall be submitted not later than 
     September 30, 2013.
       (d) Limitations.--
       (1) First submission.--Of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2013 for the accounts and activities described in 
     paragraph (4), not more than 50 percent may be obligated or 
     expended until the date on which the Secretary of Defense 
     submits to the congressional defense committees the contents 
     of the plan under subsection (c)(1).
       (2) Second submission.--Of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2013 for the accounts and activities described in 
     paragraph (4), not more than 75 percent may be obligated or 
     expended until the date on which the Secretary of Defense 
     submits to the congressional defense committees the contents 
     of the plan under subsection (c)(2).
       (3) Comptroller general review.--The Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a review of the contents of the plan submitted 
     under each of paragraphs (1) and (2) to assess whether the 
     Secretary of Defense meets the requirements of such contents.
       (4) Accounts and activities described.--The accounts and 
     activities described in this paragraph are as follows:
       (A) Operation and maintenance, Defense-wide, for the Office 
     of the Secretary of Defense for travel.
       (B) Operation and maintenance, Defense-wide, for the Office 
     of the Secretary of Defense for management professional 
     support services.
       (C) Operation and maintenance, Defense Health Program, for 
     travel.
       (D) Operation and maintenance, Defense Health Program, for 
     management professional support services.
       (e) Shared Services Defined.--In this section, the term 
     ``shared services'' means the common services required for 
     each military department to provide medical support to the 
     Armed Forces and authorized beneficiaries.

     SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE 
                   UNITED STATES.

       (a) Report Required.--

[[Page H6926]]

       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the 
     policy of the Department of Defense on the future 
     availability of TRICARE Prime under the TRICARE program for 
     eligible beneficiaries in all TRICARE regions throughout the 
     United States.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description, by region, of the difference in 
     availability of TRICARE Prime for eligible beneficiaries 
     (other than eligible beneficiaries on active duty in the 
     Armed Forces) under newly awarded TRICARE managed care 
     contracts, including, in particular, an identification of the 
     regions or areas in which TRICARE Prime will no longer be 
     available for such beneficiaries under such contracts.
       (B) An estimate of the increased costs to be incurred by an 
     affected eligible beneficiary for health care under the 
     TRICARE program.
       (C) An estimate of the savings to be achieved by the 
     Department as a result of the contracts described in 
     subparagraph (A).
       (D) A description of the plans of the Department to 
     continue to assess the impact on access to health care for 
     affected eligible beneficiaries.
       (E) A description of the plan of the Department to provide 
     assistance to affected eligible beneficiaries who are 
     transitioning from TRICARE Prime to TRICARE Standard, 
     including assistance with respect to identifying health care 
     providers.
       (F) Any other matter the Secretary considers appropriate.
       (b) Definitions.--In this section:
       (1) The term ``affected eligible beneficiary'' means an 
     eligible beneficiary under the TRICARE Program (other than 
     eligible beneficiaries on active duty in the Armed Forces) 
     who, as of the date of the enactment of this Act--
       (A) is enrolled in TRICARE Prime; and
       (B) resides in a region of the United States in which 
     TRICARE Prime enrollment will no longer be available for such 
     beneficiary under a contract described in subsection 
     (a)(2)(A) that does not allow for such enrollment because of 
     the location in which such beneficiary resides.
       (2) The term ``TRICARE Prime'' means the managed care 
     option of the TRICARE program.
       (3) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.
       (4) The term ``TRICARE Standard'' means the fee-for-service 
     option of the TRICARE Program.

     SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT 
                   HEALTH CARE STAFFING FOR MILITARY MEDICAL 
                   TREATMENT FACILITIES.

       Section 726(a) of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is 
     amended by striking ``March 31, 2012'' and inserting ``March 
     31, 2013''.

     SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON WOMEN-
                   SPECIFIC HEALTH SERVICES AND TREATMENT FOR 
                   FEMALE MEMBERS OF THE ARMED FORCES.

       Section 725(c) of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1480) is 
     amended by striking ``December 31, 2012'' and inserting 
     ``March 31, 2013''.

     SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the health care and related support provided by the 
     Secretary to dependent children.
       (b) Elements.--The study under subsection (a) shall include 
     the following:
       (1) A comprehensive review of the policies of the Secretary 
     and the TRICARE program with respect to providing pediatric 
     care.
       (2) An assessment of access to pediatric health care by 
     dependent children in appropriate settings.
       (3) An assessment of access to specialty care by dependent 
     children, including care for children with special health 
     care needs.
       (4) A comprehensive review and analysis of reimbursement 
     under the TRICARE program for pediatric care.
       (5) An assessment of the adequacy of the ECHO Program in 
     meeting the needs of dependent children with extraordinary 
     health care needs.
       (6) An assessment of the adequacy of care management for 
     dependent children with special health care needs.
       (7) An assessment of the support provided through other 
     Department of Defense or military department programs and 
     policies that support the physical and behavorial health of 
     dependent children, including children with special health 
     care needs.
       (8) Mechanisms for linking dependent children with special 
     health care needs with State and local community resources, 
     including children's hospitals and providers of pediatric 
     specialty care.
       (9) Strategies to mitigate the impact of frequent 
     relocations related to military service on the continuity of 
     health care services for dependent children, including 
     children with special health and behavioral health care 
     needs.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the study under 
     subsection (a), including--
       (1) the findings of the study;
       (2) a plan to improve and continuously monitor the access 
     of dependent children to quality health care; and
       (3) any recommendations for legislation that the Secretary 
     considers necessary to maintain the highest quality of health 
     care for dependent children.
       (d) Definitions.--In this section:
       (1) The term ``dependent children'' means the children of 
     members of the Armed Forces who are covered beneficiaries 
     under chapter 55 of title 10, United States Code.
       (2) The term ``ECHO Program'' means the Extended Care 
     Health Option under subsections (d) through (f) of section 
     1079 of title 10, United States Code.

     SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-
                   BASED METHODS FOR CERTAIN MEDICAL TRAINING.

       (a) Report.--
       (1) In general.--Not later than March 1, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that outlines a strategy, 
     including a detailed timeline, to refine and, when 
     appropriate, transition to using human-based training methods 
     for the purpose of training members of the Armed Forces in 
     the treatment of combat trauma injuries.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) Required research, development, testing, and evaluation 
     investments to validate human-based training methods to 
     refine, reduce, and, when appropriate, transition from the 
     use of live animals in medical education and training.
       (B) Phased sustainment and readiness costs to refine, 
     reduce, and, when appropriate, replace the use of live 
     animals in medical education and training.
       (C) Any risks associated with transitioning to human-based 
     training methods, including resource availability, 
     anticipated technological development timelines, and 
     potential impact on the present combat trauma training 
     curricula.
       (D) An assessment of the potential effect of transitioning 
     to human-based training methods on the quality of medical 
     care delivered on the battlefield, including any reduction in 
     the competency of combat medical personnel.
       (E) An assessment of risks to maintaining the level of 
     combat life-saver techniques performed by all members of the 
     Armed Forces.
       (b) Definitions.--In this section:
       (1) The term ``combat trauma injuries'' means severe 
     injuries likely to occur during combat, including--
       (A) extremity hemorrhage;
       (B) tension pneumothorax;
       (C) amputation resulting from blast injury;
       (D) compromises to the airway; and
       (E) other injuries.
       (2) The term ``human-based training methods'' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       (A) simulators;
       (B) partial task trainers;
       (C) moulage;
       (D) simulated combat environments; and
       (E) human cadavers.
       (3) The term ``partial task trainers'' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.

     SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 
                   OF THE ARMED FORCES SERVING ON ACTIVE DUTY.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the incidence of breast cancer among members of the Armed 
     Forces serving on active duty.
       (b) Elements.--The study under subsection (a) shall include 
     the following:
       (1) A determination of the number of members of the Armed 
     Forces who served on active duty at any time during the 
     period from 2000 to 2010 who were diagnosed with breast 
     cancer during such period.
       (2) A determination of demographic information regarding 
     such members, including race, ethnicity, sex, age, and rank.
       (3) An analysis of breast cancer treatments received by 
     such members and the source of such treatment.
       (4) The availability and training of breast cancer 
     specialists within the military health system.
       (5) A comparison of the rates of members of the Armed 
     Forces serving on active duty who have breast cancer to 
     civilian populations with comparable demographic 
     characteristics.
       (6) Identification of potential factors associated with 
     military service that could increase the risk of breast 
     cancer for members of the Armed Forces serving on active 
     duty.
       (7) A description of a research agenda to further the 
     understanding of the Department of Defense of the incidence 
     of breast cancer among such members.
       (8) An assessment of the effectiveness of outreach to 
     members of the Armed Forces to identify risks of, prevent, 
     detect, and treat breast cancer.
       (9) Recommendations for changes to policy or law that could 
     improve the prevention, early detection, awareness, and 
     treatment of breast cancer among members of the Armed Forces 
     serving on active duty.

[[Page H6927]]

       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the findings and 
     recommendations of the study under subsection (a), including 
     a description of any further unique military research needed 
     with respect to breast cancer.

     SEC. 738. PERFORMANCE METRICS AND REPORTS ON WARRIORS IN 
                   TRANSITION PROGRAMS OF THE MILITARY 
                   DEPARTMENTS.

       (a) Metrics Required.--The Secretary of Defense shall 
     establish a policy containing uniform performance outcome 
     measurements to be used by each Secretary of a military 
     department in tracking and monitoring members of the Armed 
     Forces in Warriors in Transition programs.
       (b) Elements.--The policy established under subsection (a) 
     shall identify outcome measurements with respect to the 
     following:
       (1) Physical health and behavioral health.
       (2) Rehabilitation.
       (3) Educational and vocational preparation.
       (4) Such other matters as the Secretary considers 
     appropriate.
       (c) Milestones.--In establishing the policy under 
     subsection (a), the Secretary of Defense shall establish 
     metrics and milestones for members in Warriors in Transition 
     programs. Such metrics and milestones shall cover members 
     throughout the course of care and rehabilitation in Warriors 
     in Transitions programs by applying to the following 
     occasions:
       (1) When the member commences participation in the program.
       (2) At least once each year the member participates in the 
     program.
       (3) When the member ceases participation in the program or 
     is transferred to the jurisdiction of the Secretary of 
     Veterans Affairs.
       (d) Cohort Groups and Parameters.--The policy established 
     under subsection (a)--
       (1) may differentiate among cohort groups within the 
     population of members in Warriors in Transition programs, as 
     appropriate; and
       (2) shall include parameters for specific outcome 
     measurements in each element under subsection (b) and each 
     metric and milestone under subsection (c).
       (e) Reports Required.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the policy established under subsection (a), including the 
     outcome measurements for each element under subsection (b) 
     and each metric and milestone under subsection (c).
       (2) Annual reports.--Not later than February of each year 
     beginning in 2014 and ending in 2018, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the performance of the military departments with 
     respect to the policy established under subsection (a). Each 
     report shall include--
       (A) an analysis of--
       (i) data on improvements in the progress of members in 
     Warriors in Transition programs in each specific area 
     identified in the policy;
       (ii) access to health and rehabilitation services by such 
     members, including average appointment waiting times by 
     specialty;
       (iii) effectiveness of the programs in assisting in the 
     transition of such members to military duty or civilian life 
     through education and vocational assistance;
       (iv) any differences in outcomes in Warriors in Transition 
     programs, and the reason for any such differences; and
       (v) the quantities and effectiveness of medical and 
     nonmedical case managers, legal support and physical 
     evaluation board liaison officers, mental health care 
     providers, and medical evaluation physicians in comparison to 
     the actual number of members requiring such services; and
       (B) such other results and analyses as the Secretary 
     considers appropriate, including any recommendations for 
     legislation if needed.
       (f) Warriors in Transition Program Defined.--In this 
     section, the term ``Warriors in Transition program'' means 
     any major support program of the Armed Forces for members of 
     the Armed Forces with severe wounds, illnesses, or injuries 
     that is intended to provide such members with nonmedical case 
     management service and care coordination services, and 
     includes the programs as follows:
       (1) Warrior Transition Units and the Wounded Warrior 
     Program of the Army.
       (2) The Wounded Warrior Safe Harbor program of the Navy.
       (3) The Wounded Warrior Regiment of the Marine Corps.
       (4) The Recovery Care Program and the Wounded Warrior 
     programs of the Air Force.
       (5) The Care Coalition of the United States Special 
     Operations Command.

     SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS 
                   OF THE DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL 
                   HEALTH AND TRAUMATIC BRAIN INJURY.

       (a) Sense of Congress.--Congress supports the efforts of 
     the Secretary of Veterans Affairs and the Secretary of 
     Defense to educate members of the Armed Forces, veterans, the 
     families of such members and veterans, the medical community, 
     and the public with respect to the causes, symptoms, and 
     treatment of post-traumatic stress disorder.
       (b) Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a plan to improve the 
     coordination and integration of the programs of the 
     Department of Defense that address traumatic brain injury and 
     the psychological health of members of the Armed Forces.
       (2) Elements.--The plan under paragraph (1) shall include 
     the following:
       (A) Identification of--
       (i) any gaps in services and treatments provided by the 
     programs of the Department of Defense that address traumatic 
     brain injury and the psychological health of members of the 
     Armed Forces; and
       (ii) any unnecessary redundancies in such programs.
       (B) A plan for mitigating the gaps and redundancies 
     identified under subparagraph (A).
       (C) Identification of the official within the Department 
     who will be responsible for leading the implementation of the 
     plan described in paragraph (1).

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

             Subtitle A--Acquisition Policy and Management

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

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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.

[[Page H6928]]

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.

             Subtitle A--Acquisition Policy and Management

     SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE 
                   DEPARTMENT OF DEFENSE THROUGH THE WORK FOR 
                   OTHERS PROGRAM OF THE DEPARTMENT OF ENERGY.

       (a) In General.--Subsection (d) of section 801 of the 
     National Defense Authorization Act for Fiscal Year 2008 (10 
     U.S.C. 2304 note) is amended--
       (1) in the subsection heading, by striking ``Defense'' and 
     inserting ``Applicable'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (3) by striking ``For the purposes'' and inserting ``(1) 
     Except as provided in paragraph (2), for the purposes'';
       (4) in paragraph (1), as designated by paragraph (3) of 
     this subsection, by striking ``defense procurement'' and 
     inserting ``applicable procurement''; and
       (5) by adding at the end the following new paragraph (2):
       ``(2) In the case of the procurement of property or 
     services on behalf of the Department of Defense through the 
     Work for Others program of the Department of Energy, the laws 
     and regulations applicable under paragraph (1)(B) are the 
     Department of Energy Acquisition Regulations, pertinent 
     interagency agreements, and Department of Defense and 
     Department of Energy policies related to the Work for Others 
     program.''.
       (b) Conforming Amendments.--Such section is further amended 
     by striking ``defense procurement'' and inserting 
     ``applicable procurement'' each place it appears as follows:
       (1) Subsection (a)(1)(B).
       (2) Subsection (a)(4) (as redesignated by section 
     805(a)(3)).
       (3) Subsection (a)(4)(A) (as redesignated by section 
     805(a)(3)).
       (4) Subsection (b)(1)(A).
       (5) Subsection (b)(1)(B)(ii).
       (6) Subsection (c)(2)(F).

     SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH CONTRACTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, the Secretary of State, 
     and the Administrator of the United States Agency for 
     International Development shall issue such guidance and 
     regulations as may be necessary to ensure that in any case in 
     which an offeror for a contract or a task or delivery order 
     informs the agency pursuant to section 52.215-22 of the 
     Federal Acquisition Regulation that the offeror intends to 
     award subcontracts for more than 70 percent of the total cost 
     of work to be performed under the contract, task order, or 
     delivery order, the contracting officer for the contract is 
     required to--
       (1) consider the availability of alternative contract 
     vehicles and the feasibility of contracting directly with a 
     subcontractor or subcontractors that will perform the bulk of 
     the work;
       (2) make a written determination that the contracting 
     approach selected is in the best interest of the Government; 
     and
       (3) document the basis for such determination.

     SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION 
                   WORKFORCE DEVELOPMENT FUND.

       (a) In General.--Section 1705 of title 10, United States 
     Code, is amended--
       (1) in subsection (d)(2)(C), by striking clauses (i) 
     through (vi) and inserting the following:
       ``(i) For fiscal year 2013, $500,000,000.
       ``(ii) For fiscal year 2014, $800,000,000.
       ``(iii) For fiscal year 2015, $700,000,000.
       ``(iv) For fiscal year 2016, $600,000,000.
       ``(v) For fiscal year 2017, $500,000,000.
       ``(vi) For fiscal year 2018, $400,000,000.'';
       (2) in subsection (e)--
       (A) in paragraph (1), by adding at the end the following 
     new sentence: ``In the case of temporary members of the 
     acquisition workforce designated pursuant to subsection 
     (h)(2), such funds shall be available only for the limited 
     purpose of providing training in the performance of 
     acquisition-related functions and duties.''; and
       (B) in paragraph (5), by inserting before the period at the 
     end the following: ``, and who has continued in the 
     employment of the Department since such time without a break 
     in such employment of more than a year'';
       (3) by striking subsection (g);
       (4) by redesignating subsection (h) as subsection (g); and
       (5) by adding at the end the following new subsection (h):
       ``(h) Acquisition Workforce Defined.--In this section, the 
     term `acquisition workforce' means the following:
       ``(1) Personnel in positions designated under section 1721 
     of this title as acquisition positions for purposes of this 
     chapter.
       ``(2) Other military personnel or civilian employees of the 
     Department of Defense who--
       ``(A) contribute significantly to the acquisition process 
     by virtue of their assigned duties; and
       ``(B) are designated as temporary members of the 
     acquisition workforce by the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, or by the senior 
     acquisition executive of a military department, for the 
     limited purpose of receiving training for the performance of 
     acquisition-related functions and duties.''.
       (b) Extension of Expedited Hiring Authority.--Subsection 
     (g) of such section, as redesignated by subsection (a)(4) of 
     this section, is further amended in paragraph (2) by striking 
     ``September 30, 2015'' and inserting ``September 30, 2017''.
       (c) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall develop a 
     plan for the implementation of the authority provided by the 
     amendments made by subsection (a) with regard to temporary 
     members of the defense acquisition workforce. The plan shall 
     include policy, criteria, and processes for designating 
     temporary members and appropriate safeguards to prevent the 
     abuse of such authority.

     SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR PROFITS.

       (a) Review of Guidelines on Profits.--The Secretary of 
     Defense shall review the profit guidelines in the Department 
     of Defense Supplement to the Federal Acquisition Regulation 
     in order to identify any modifications to such guidelines 
     that are necessary to ensure an appropriate link between 
     contractor profit and contractor performance. In conducting 
     the review, the Secretary shall obtain the views of experts 
     and interested parties in Government and the private sector.
       (b) Matters To Be Considered.--In conducting the review 
     required by subsection (a), the Secretary shall consider, at 
     a minimum, the following:
       (1) Appropriate levels of profit needed to sustain 
     competition in the defense industry, taking into account 
     contractor investment and cash flow.
       (2) Appropriate adjustments to address contract and 
     performance risk assumed by the contractor, taking into 
     account the extent to which such risk is passed on to 
     subcontractors.
       (3) Appropriate incentives for superior performance in 
     delivering quality products and services in a timely and 
     cost-effective manner, taking into account such factors as 
     prime contractor cost reduction, control of overhead costs, 
     subcontractor cost reduction, subcontractor management, and 
     effective competition (including the use of small business) 
     at the subcontract level.
       (c) Modification of Guidelines.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall modify the profit guidelines described in subsection 
     (a) to make such changes as the Secretary determines to be 
     appropriate based on the review conducted pursuant to that 
     subsection.

[[Page H6929]]

     SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS 
                   FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF 
                   DEFENSE BY CERTAIN NONDEFENSE AGENCIES.

       (a) Discretionary Authority.--Subsection (a) of section 801 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (10 U.S.C. 2304 note) is amended--
       (1) in paragraph (1), by striking ``shall, not later than 
     the date specified in paragraph (2),'' and inserting ``may'';
       (2) by striking paragraph (2);
       (3) by redesignating paragraphs (3) through (6) as 
     paragraphs (2) through (5), respectively;
       (4) in paragraph (3), as redesignated by paragraph (3) of 
     this subsection--
       (A) by striking ``required under this subsection'' and 
     inserting ``to be performed under this subsection''; and
       (B) by striking ``shall'' and inserting ``may''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``shall'' and inserting ``may''.
       (b) Conforming Amendments.--Subsection (b)(1)(B) of such 
     section is amended--
       (1) in clause (i), by striking ``required by subsection 
     (a)(4)'' and inserting ``to be entered into under subsection 
     (a)(3)''; and
       (2) in clause (ii)--
       (A) by striking ``required by subsection (a)'' and 
     inserting ``provided for under subsection (a)''; and
       (B) by striking ``subsection (a)(5)'' and inserting 
     ``subsection (a)(4)''.

     SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF 
                   SUPPLY-CHAIN RISK.

       (a) Extension.--Section 806(g) of the Ike Skelton National 
     Defense Authorization Act for Fiscal Year 2011 (Public Law 
     111-383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by 
     striking ``the date that is three years after the date of the 
     enactment of this Act'' and inserting ``September 30, 2018''.
       (b) Verification of Effective Implementation.--Section 806 
     of such Act is further amended by adding at the end the 
     following new subsection:
       ``(h) Verification of Effective Implementation.--
       ``(1) Criteria and data collection to measure 
     effectiveness.--The Secretary of Defense shall--
       ``(A) establish criteria for measuring the effectiveness of 
     the authority provided by this section; and
       ``(B) collect data to evaluate the implementation of this 
     section using such criteria.
       ``(2) Reports.--The Secretary shall submit to the 
     appropriate congressional committees--
       ``(A) not later than March 1, 2013, a report on the 
     criteria established under paragraph (1)(A); and
       ``(B) not later than January 1, 2017, a report on the 
     effectiveness of the implementation of this section, based on 
     data collected under paragraph (1)(B).''.
       (c) Technical Amendment.--Section 806(f)(2) of such Act is 
     amended by striking ``that awarded'' and inserting ``that are 
     awarded''.

     SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF THE 
                   DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS ITEM 
                   UNIQUE IDENTIFICATION INITIATIVE.

       (a) Findings.--Congress makes the following findings:
       (1) In 2003, the Department of Defense initiated the Item 
     Unique Identification (IUID) Initiative, which requires the 
     marking and tracking of assets deployed throughout the Armed 
     Forces or in the possession of Department contractors.
       (2) The Initiative has the potential for realizing 
     significant cost savings and improving the management of 
     defense equipment and supplies throughout their lifecycle.
       (3) The Initiative can help the Department combat the 
     growing problem of counterfeit parts in the military supply 
     chain.
       (b) Sense of Congress.--It is the sense of Congress--
       (1) to support efforts by the Department of Defense to 
     implement the Item Unique Identification Initiative;
       (2) to support measures to verify contractor compliance 
     with section 252.211-7003 (entitled ``Item Identification and 
     Valuation'') of the Defense Supplement to the Federal 
     Acquisition Regulation, on Unique Identification, which 
     states that a unique identification equivalent recognized by 
     the Department is required for certain acquisitions;
       (3) to encourage the Armed Forces to adopt and implement 
     Item Unique Identification actions and milestones; and
       (4) to support investment of sufficient resources and 
     continued training and leadership to enable the Department to 
     capture meaningful data and optimize the benefits of the Item 
     Unique Identification Initiative.

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

     SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS.

       (a) Prohibition With Respect to Production of Major Defense 
     Acquisition Programs.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     modify the acquisition regulations of the Department of 
     Defense to prohibit the Department from entering into cost-
     type contracts for the production of major defense 
     acquisition programs.
       (b) Exception.--
       (1) In general.--The prohibition under subsection (a) shall 
     not apply in the case of a particular cost-type contract if 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics provides written certification to the 
     congressional defense committees that a cost-type contract is 
     needed to provide a required capability in a timely and cost-
     effective manner.
       (2) Scope of exception.--In any case for which the Under 
     Secretary grants an exception under paragraph (1), the Under 
     Secretary shall take affirmative steps to make sure that the 
     use of cost-type pricing is limited to only those line items 
     or portions of the contract where such pricing is needed to 
     achieve the purposes of the exception. A written 
     certification under paragraph (1) shall be accompanied by an 
     explanation of the steps taken under this paragraph.
       (c) Definitions.--In this section:
       (1) Major defense acquisition program.--The term ``major 
     defense acquisition program'' has the meaning given the term 
     in section 2430(a) of title 10, United States Code.
       (2) Production of a major defense acquisition program.--The 
     term ``production of a major defense acquisition program'' 
     means the production and deployment of a major system that is 
     intended to achieve an operational capability that satisfies 
     mission needs, or any activity otherwise defined as Milestone 
     C under Department of Defense Instruction 5000.02 or related 
     authorities.
       (3) Contract for the production of a major defense 
     acquisition program.--The term ``contract for the production 
     of a major defense acquisition program''--
       (A) means a prime contract for the production of a major 
     defense acquisition program; and
       (B) does not include individual line items for segregable 
     efforts or contracts for the incremental improvement of 
     systems that are already in production (other than contracts 
     for major upgrades that are themselves major defense 
     acquisition programs).
       (d) Applicability.--The requirements of this section shall 
     apply to contracts for the production of major defense 
     acquisition programs entered into on or after October 1, 
     2014.

     SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF 
                   CONTRACTS FOR THE DEVELOPMENT OR PRODUCTION OF 
                   MAJOR DEFENSE ACQUISITION PROGRAMS.

       (a) Department of Defense Review.--Not later than 180 days 
     after the date of the enactment of this Act, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics shall review relevant acquisition guidance and take 
     appropriate actions to ensure that program managers for major 
     defense acquisition programs are preparing estimates of 
     potential termination liability for covered contracts, 
     including how such termination liability is likely to 
     increase or decrease over the period of performance, and are 
     giving appropriate consideration to such estimates before 
     making recommendations on decisions to enter into or 
     terminate such contracts.
       (b) Comptroller General of the United States Report.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report on the extent to which the Department of 
     Defense is considering potential termination liability as a 
     factor in entering into and in terminating covered contracts.
       (2) Matters to be addressed.--The report required by 
     paragraph (1) shall include, at a minimum, an assessment of 
     the following:
       (A) The extent to which the Department of Defense developed 
     estimates of potential termination liability for covered 
     contracts entered into before the date of the enactment of 
     this Act and how such termination liability was likely to 
     increase or decrease over the period of performance before 
     making decisions to enter into or terminate such contracts.
       (B) The extent to which the Department considered estimates 
     of potential termination liability for such contracts and how 
     such termination liability was likely to increase or decrease 
     over the period of performance as a risk factor in deciding 
     whether to enter into or terminate such contracts.
       (c) Covered Contracts.--For purposes of this section, a 
     covered contract is a contract for the development or 
     production of a major defense acquisition program for which 
     potential termination liability could reasonably be expected 
     to exceed $100,000,000.
       (d) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given that term in section 2430(a) of title 10, 
     United States Code.

     SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING 
                   CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY 
                   PURCHASED.

       Section 2433a(c)(3)(A) of title 10, United States Code, is 
     amended by striking ``subparagraphs (B) and (C)'' and 
     inserting ``subparagraphs (B), (C), and (E)''.

     SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS 
                   INITIATED BEFORE ENACTMENT OF MILESTONE B 
                   CERTIFICATION AND APPROVAL PROCESS.

       Subsection (b) of section 205 of the Weapon Systems 
     Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 
     1725; 10 U.S.C. 2366b note) is repealed.

[[Page H6930]]

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

     SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL 
                   NOTIFICATION OF THE LEASE OF CERTAIN VESSELS BY 
                   THE DEPARTMENT OF DEFENSE.

       Section 2401(h)(2) of title 10, United States Code, is 
     amended by striking ``30 days of continuous session of 
     Congress'' and inserting ``60 days''.

     SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
                   ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
                   ITEMS.

       (a) Extension.--Effective as of January 1, 2012, section 
     4202 of the Clinger-Cohen Act of 1996 (division D of Public 
     Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended 
     in subsection (e) by striking ``2012'' and inserting 
     ``2015''.
       (b) Technical Amendment to Cross References.--Subsection 
     (e) of such Act is further amended by striking ``section 
     303(g)(1) of the Federal Property and Administrative Services 
     Act of 1949, and section 31(a) of the Office of Federal 
     Procurement Policy Act, as amended by this section,'' and 
     inserting ``section 3305(a) of title 41, United States Code, 
     and section 1901(a) of title 41, United States Code,''.

     SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE 
                   MANAGEMENT AND PRODUCT SUPPORT REQUIREMENTS.

       (a) Codification and Amendment.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, as amended by section 331, is further amended by adding 
     at the end the following new section:

     ``Sec. 2337. Life-cycle management and product support

       ``(a) Guidance on Life-Cycle Management.--The Secretary of 
     Defense shall issue and maintain comprehensive guidance on 
     life-cycle management and the development and implementation 
     of product support strategies for major weapon systems. The 
     guidance issued pursuant to this subsection shall--
       ``(1) maximize competition and make the best possible use 
     of available Department of Defense and industry resources at 
     the system, subsystem, and component levels; and
       ``(2) maximize value to the Department of Defense by 
     providing the best possible product support outcomes at the 
     lowest operations and support cost.
       ``(b) Product Support Managers.--
       ``(1) Requirement.--The Secretary of Defense shall require 
     that each major weapon system be supported by a product 
     support manager in accordance with this subsection.
       ``(2) Responsibilities.--A product support manager for a 
     major weapon system shall--
       ``(A) develop and implement a comprehensive product support 
     strategy for the weapon system;
       ``(B) use appropriate predictive analysis and modeling 
     tools that can improve material availability and reliability, 
     increase operational availability rates, and reduce operation 
     and sustainment costs;
       ``(C) conduct appropriate cost analyses to validate the 
     product support strategy, including cost-benefit analyses as 
     outlined in Office of Management and Budget Circular A-94;
       ``(D) ensure achievement of desired product support 
     outcomes through development and implementation of 
     appropriate product support arrangements;
       ``(E) adjust performance requirements and resource 
     allocations across product support integrators and product 
     support providers as necessary to optimize implementation of 
     the product support strategy;
       ``(F) periodically review product support arrangements 
     between the product support integrators and product support 
     providers to ensure the arrangements are consistent with the 
     overall product support strategy;
       ``(G) prior to each change in the product support strategy 
     or every five years, whichever occurs first, revalidate any 
     business-case analysis performed in support of the product 
     support strategy; and
       ``(H) ensure that the product support strategy maximizes 
     small business participation at the appropriate tiers.
       ``(c) Definitions.--In this section:
       ``(1) Product support.--The term `product support' means 
     the package of support functions required to field and 
     maintain the readiness and operational capability of major 
     weapon systems, subsystems, and components, including all 
     functions related to weapon system readiness.
       ``(2) Product support arrangement.--The term `product 
     support arrangement' means a contract, task order, or any 
     type of other contractual arrangement, or any type of 
     agreement or non-contractual arrangement within the Federal 
     Government, for the performance of sustainment or logistics 
     support required for major weapon systems, subsystems, or 
     components. The term includes arrangements for any of the 
     following:
       ``(A) Performance-based logistics.
       ``(B) Sustainment support.
       ``(C) Contractor logistics support.
       ``(D) Life-cycle product support.
       ``(E) Weapon systems product support.
       ``(3) Product support integrator.--The term `product 
     support integrator' means an entity within the Federal 
     Government or outside the Federal Government charged with 
     integrating all sources of product support, both private and 
     public, defined within the scope of a product support 
     arrangement.
       ``(4) Product support provider.--The term `product support 
     provider' means an entity that provides product support 
     functions. The term includes an entity within the Department 
     of Defense, an entity within the private sector, or a 
     partnership between such entities.
       ``(5) Major weapon system.--The term `major weapon system' 
     means a major system within the meaning of section 2302d(a) 
     of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 137 of such title, as so amended, is 
     further amended by adding at the end the following new item:

``2337. Life-cycle management and product support.''.
       (b) Repeal of Superseded Section.--Section 805 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 10 U.S.C. 2302 note) is repealed.

     SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT 
                   PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS.

       (a) Codification.--
       (1) In general.--Subchapter I of chapter 87 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1706. Government performance of certain acquisition 
       functions

       ``(a) Goal.--It shall be the goal of the Department of 
     Defense and each of the military departments to ensure that, 
     for each major defense acquisition program and each major 
     automated information system program, each of the following 
     positions is performed by a properly qualified member of the 
     armed forces or full-time employee of the Department of 
     Defense:
       ``(1) Program executive officer.
       ``(2) Deputy program executive officer.
       ``(3) Program manager.
       ``(4) Deputy program manager.
       ``(5) Senior contracting official.
       ``(6) Chief developmental tester.
       ``(7) Program lead product support manager.
       ``(8) Program lead systems engineer.
       ``(9) Program lead cost estimator.
       ``(10) Program lead contracting officer.
       ``(11) Program lead business financial manager.
       ``(12) Program lead production, quality, and manufacturing.
       ``(13) Program lead information technology.
       ``(b) Plan of Action.--The Secretary of Defense shall 
     develop and implement a plan of action for recruiting, 
     training, and ensuring appropriate career development of 
     military and civilian personnel to achieve the objective 
     established in subsection (a).
       ``(c) Definitions.--In this section:
       ``(1) The term `major defense acquisition program' has the 
     meaning given such term in section 2430(a) of this title.
       ``(2) The term `major automated information system program' 
     has the meaning given such term in section 2445a(a) of this 
     title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``1706. Government performance of certain acquisition functions.''.
       (b) Repeal of Superseded Section.--Section 820 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 10 U.S.C. 1701 note) is repealed.

     SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND 
                   SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       Section 202(c) of the Weapon Systems Acquisition Reform Act 
     of 2009 (Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430 
     note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fair and objective `make-buy' decisions by prime 
     contractors'' and inserting ``competition or the option of 
     competition at the subcontract level'';
       (2) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively; and
       (3) by inserting before paragraph (2), as redesignated by 
     paragraph (2) of this section, the following new paragraph 
     (1):
       ``(1) where appropriate, breaking out a major subsystem, 
     conducting a separate competition for the subsystem, and 
     providing the subsystem to the prime contractor as 
     Government-furnished equipment;''.

     SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR 
                   UNIFORM COMPONENTS SUPPLIED TO AFGHAN MILITARY 
                   OR AFGHAN NATIONAL POLICE.

       (a) Requirement.--In the case of any textile components 
     supplied by the Department of Defense to the Afghan National 
     Army or the Afghan National Police for purposes of production 
     of uniforms, section 2533a of title 10, United States Code, 
     shall apply, and no exceptions or exemptions under that 
     section shall apply.
       (b) Effective Date.--This section shall apply to 
     solicitations issued and contracts awarded for the 
     procurement of such components after the date of the 
     enactment of this Act.

     SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR 
                   CONTRACTOR EMPLOYEES.

       (a) In General.--Subsection (a) of section 2409 of title 
     10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``An employee'';

[[Page H6931]]

       (2) in paragraph (1), as so designated--
       (A) by inserting ``or subcontractor'' after ``employee of a 
     contractor'';
       (B) by striking ``a Member of Congress'' and all that 
     follows through ``the Department of Justice'' and inserting 
     ``a person or body described in paragraph (2)''; and
       (C) by striking ``evidence of'' and all that follows and 
     inserting the following: ``evidence of the following:
       ``(A) Gross mismanagement of a Department of Defense 
     contract or grant, a gross waste of Department funds, an 
     abuse of authority relating to a Department contract or 
     grant, or a violation of law, rule, or regulation related to 
     a Department contract (including the competition for or 
     negotiation of a contract) or grant.
       ``(B) Gross mismanagement of a National Aeronautics and 
     Space Administration contract or grant, a gross waste of 
     Administration funds, an abuse of authority relating to an 
     Administration contract or grant, or a violation of law, 
     rule, or regulation related to an Administration contract 
     (including the competition for or negotiation of a contract) 
     or grant.
       ``(C) A substantial and specific danger to public health or 
     safety.''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The persons and bodies described in this paragraph 
     are the persons and bodies as follows:
       ``(A) A Member of Congress or a representative of a 
     committee of Congress.
       ``(B) An Inspector General.
       ``(C) The Government Accountability Office.
       ``(D) An employee of the Department of Defense or the 
     National Aeronautics and Space Administration, as applicable, 
     responsible for contract oversight or management.
       ``(E) An authorized official of the Department of Justice 
     or other law enforcement agency.
       ``(F) A court or grand jury.
       ``(G) A management official or other employee of the 
     contractor or subcontractor who has the responsibility to 
     investigate, discover, or address misconduct.
       ``(3) For the purposes of paragraph (1)--
       ``(A) an employee who initiates or provides evidence of 
     contractor or subcontractor misconduct in any judicial or 
     administrative proceeding relating to waste, fraud, or abuse 
     on a Department of Defense or National Aeronautics and Space 
     Administration contract or grant shall be deemed to have made 
     a disclosure covered by such paragraph; and
       ``(B) a reprisal described in paragraph (1) is prohibited 
     even if it is undertaken at the request of a Department or 
     Administration official, unless the request takes the form of 
     a nondiscretionary directive and is within the authority of 
     the Department or Administration official making the 
     request.''.
       (b) Investigation of Complaints.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1), by inserting ``fails to allege a 
     violation of the prohibition in subsection (a), or has 
     previously been addressed in another Federal or State 
     judicial or administrative proceeding initiated by the 
     complainant,'' after ``is frivolous,'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``, fails to allege a 
     violation of the prohibition in subsection (a), or has 
     previously been addressed in another Federal or State 
     judicial or administrative proceeding initiated by the 
     complainant'' after ``is frivolous''; and
       (B) in subparagraph (B), by inserting ``, up to 180 days,'' 
     after ``such additional period of time''; and
       (3) by adding at the end the following new paragraphs:
       ``(3) The Inspector General may not respond to any inquiry 
     or disclose any information from or about any person alleging 
     the reprisal, except to the extent that such response or 
     disclosure is--
       ``(A) made with the consent of the person alleging the 
     reprisal;
       ``(B) made in accordance with the provisions of section 
     552a of title 5 or as required by any other applicable 
     Federal law; or
       ``(C) necessary to conduct an investigation of the alleged 
     reprisal.
       ``(4) A complaint may not be brought under this subsection 
     more than three years after the date on which the alleged 
     reprisal took place.''.
       (c) Remedy and Enforcement Authority.--Subsection (c) of 
     such section is amended--
       (1) in paragraph (1)(B), by striking ``the compensation 
     (including back pay)'' and inserting ``compensatory damages 
     (including back pay)'';
       (2) in paragraph (2), by adding at the end following new 
     sentence: ``An action under this paragraph may not be brought 
     more than two years after the date on which remedies are 
     deemed to have been exhausted.'';
       (3) in paragraph (4), by striking ``and compensatory and 
     exemplary damages.'' and inserting ``, compensatory and 
     exemplary damages, and reasonable attorney fees and costs. 
     The person upon whose behalf an order was issued may also 
     file such an action or join in an action filed by the head of 
     the agency.'';
       (4) in paragraph (5), by adding at the end the following 
     new sentence: ``Filing such an appeal shall not act to stay 
     the enforcement of the order of the head of an agency, unless 
     a stay is specifically entered by the court.''; and
       (5) by adding at the end the following new paragraphs:
       ``(6) The legal burdens of proof specified in section 
     1221(e) of title 5 shall be controlling for the purposes of 
     any investigation conducted by an Inspector General, decision 
     by the head of an agency, or judicial or administrative 
     proceeding to determine whether discrimination prohibited 
     under this section has occurred.
       ``(7) The rights and remedies provided for in this section 
     may not be waived by any agreement, policy, form, or 
     condition of employment.''.
       (d) Notification of Employees.--Such section is further 
     amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Notification of Employees.--The Secretary of Defense 
     and the Administrator of the National Aeronautics and Space 
     Administration shall ensure that contractors and 
     subcontractors of the Department of Defense and the National 
     Aeronautics and Space Administration, as applicable, inform 
     their employees in writing of the rights and remedies 
     provided under this section, in the predominant native 
     language of the workforce.''.
       (e) Exceptions for Intelligence Community.--Such section is 
     further amended by inserting after subsection (d), as added 
     by subsection (d)(2) of this section, the following new 
     subsection (e):
       ``(e) Exceptions.--(1) This section shall not apply to any 
     element of the intelligence community, as defined in section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
       ``(2) This section shall not apply to any disclosure made 
     by an employee of a contractor, subcontractor, or grantee of 
     an element of the intelligence community if such disclosure--
       ``(A) relates to an activity of an element of the 
     intelligence community; or
       ``(B) was discovered during contract, subcontract, or 
     grantee services provided to an element of the intelligence 
     community.''.
       (f) Abuse of Authority Defined.--Subsection (g) of such 
     section, as redesignated by subsection (d)(1) of this 
     section, is further amended by adding at the end the 
     following new paragraph:
       ``(6) The term `abuse of authority' means the following:
       ``(A) An arbitrary and capricious exercise of authority 
     that is inconsistent with the mission of the Department of 
     Defense or the successful performance of a Department 
     contract or grant.
       ``(B) An arbitrary and capricious exercise of authority 
     that is inconsistent with the mission of the National 
     Aeronautics and Space Administration or the successful 
     performance of an Administration contract or grant.''.
       (g) Allowability of Legal Fees.--Section 2324(k) of such 
     title is amended--
       (1) in paragraph (1), by striking ``commenced by the United 
     States or a State'' and inserting ``commenced by the United 
     States, by a State, or by a contractor employee submitting a 
     complaint under section 2409 of this title''; and
       (2) in paragraph (2)(C), by striking ``the imposition of a 
     monetary penalty'' and inserting ``the imposition of a 
     monetary penalty or an order to take corrective action under 
     section 2409 of this title''.
       (h) Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     provide any rights to disclose classified information not 
     otherwise provided by law.
       (i) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date that is 180 days after the date of 
     the enactment of this Act, and shall apply to--
       (A) all contracts awarded on or after such date;
       (B) all task orders entered on or after such date pursuant 
     to contracts awarded before, on, or after such date; and
       (C) all contracts awarded before such date that are 
     modified to include a contract clause providing for the 
     applicability of such amendments.
       (2) Revision of supplements to the far.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Department of Defense Supplement to the Federal Acquisition 
     Regulation and the National Aeronautics and Space 
     Administration Supplement to the Federal Acquisition 
     Regulation shall each be revised to implement the 
     requirements arising under the amendments made by this 
     section.
       (3) Inclusion of contract clause in contracts awarded 
     before effective date.--At the time of any major modification 
     to a contract that was awarded before the date that is 180 
     days after the date of the enactment of this Act, the head of 
     the contracting agency shall make best efforts to include in 
     the contract a contract clause providing for the 
     applicability of the amendments made by this section to the 
     contract.

     SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR 
                   EMPLOYEE WHISTLEBLOWER PROTECTIONS.

       (a) Whistleblower Protections.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4712. Pilot program for enhancement of contractor 
       protection from reprisal for disclosure of certain 
       information

       ``(a) Prohibition of Reprisals.--
       ``(1) In general.--An employee of a contractor, 
     subcontractor, or grantee may not

[[Page H6932]]

     be discharged, demoted, or otherwise discriminated against as 
     a reprisal for disclosing to a person or body described in 
     paragraph (2) information that the employee reasonably 
     believes is evidence of gross mismanagement of a Federal 
     contract or grant, a gross waste of Federal funds, an abuse 
     of authority relating to a Federal contract or grant, a 
     substantial and specific danger to public health or safety, 
     or a violation of law, rule, or regulation related to a 
     Federal contract (including the competition for or 
     negotiation of a contract) or grant.
       ``(2) Persons and bodies covered.--The persons and bodies 
     described in this paragraph are the persons and bodies as 
     follows:
       ``(A) A Member of Congress or a representative of a 
     committee of Congress.
       ``(B) An Inspector General.
       ``(C) The Government Accountability Office.
       ``(D) A Federal employee responsible for contract or grant 
     oversight or management at the relevant agency.
       ``(E) An authorized official of the Department of Justice 
     or other law enforcement agency.
       ``(F) A court or grand jury.
       ``(G) A management official or other employee of the 
     contractor, subcontractor, or grantee who has the 
     responsibility to investigate, discover, or address 
     misconduct.
       ``(3) Rules of construction.--For the purposes of paragraph 
     (1)--
       ``(A) an employee who initiates or provides evidence of 
     contractor, subcontractor, or grantee misconduct in any 
     judicial or administrative proceeding relating to waste, 
     fraud, or abuse on a Federal contract or grant shall be 
     deemed to have made a disclosure covered by such paragraph; 
     and
       ``(B) a reprisal described in paragraph (1) is prohibited 
     even if it is undertaken at the request of an executive 
     branch official, unless the request takes the form of a non-
     discretionary directive and is within the authority of the 
     executive branch official making the request.
       ``(b) Investigation of Complaints.--
       ``(1) Submission of complaint.--A person who believes that 
     the person has been subjected to a reprisal prohibited by 
     subsection (a) may submit a complaint to the Inspector 
     General of the executive agency involved. Unless the 
     Inspector General determines that the complaint is frivolous, 
     fails to allege a violation of the prohibition in subsection 
     (a), or has previously been addressed in another Federal or 
     State judicial or administrative proceeding initiated by the 
     complainant, the Inspector General shall investigate the 
     complaint and, upon completion of such investigation, submit 
     a report of the findings of the investigation to the person, 
     the contractor or grantee concerned, and the head of the 
     agency.
       ``(2) Inspector general action.--
       ``(A) Determination or submission of report on findings.--
     Except as provided under subparagraph (B), the Inspector 
     General shall make a determination that a complaint is 
     frivolous, fails to allege a violation of the prohibition in 
     subsection (a), or has previously been addressed in another 
     Federal or State judicial or administrative proceeding 
     initiated by the complainant or submit a report under 
     paragraph (1) within 180 days after receiving the complaint.
       ``(B) Extension of time.--If the Inspector General is 
     unable to complete an investigation in time to submit a 
     report within the 180-day period specified in subparagraph 
     (A) and the person submitting the complaint agrees to an 
     extension of time, the Inspector General shall submit a 
     report under paragraph (1) within such additional period of 
     time, up to 180 days, as shall be agreed upon between the 
     Inspector General and the person submitting the complaint.
       ``(3) Prohibition on disclosure.--The Inspector General may 
     not respond to any inquiry or disclose any information from 
     or about any person alleging the reprisal, except to the 
     extent that such response or disclosure is--
       ``(A) made with the consent of the person alleging the 
     reprisal;
       ``(B) made in accordance with the provisions of section 
     552a of title 5 or as required by any other applicable 
     Federal law; or
       ``(C) necessary to conduct an investigation of the alleged 
     reprisal.
       ``(4) Time limitation.--A complaint may not be brought 
     under this subsection more than three years after the date on 
     which the alleged reprisal took place.
       ``(c) Remedy and Enforcement Authority.--
       ``(1) In general.--Not later than 30 days after receiving 
     an Inspector General report pursuant to subsection (b), the 
     head of the executive agency concerned shall determine 
     whether there is sufficient basis to conclude that the 
     contractor or grantee concerned has subjected the complainant 
     to a reprisal prohibited by subsection (a) and shall either 
     issue an order denying relief or shall take one or more of 
     the following actions:
       ``(A) Order the contractor or grantee to take affirmative 
     action to abate the reprisal.
       ``(B) Order the contractor or grantee to reinstate the 
     person to the position that the person held before the 
     reprisal, together with compensatory damages (including back 
     pay), employment benefits, and other terms and conditions of 
     employment that would apply to the person in that position if 
     the reprisal had not been taken.
       ``(C) Order the contractor or grantee to pay the 
     complainant an amount equal to the aggregate amount of all 
     costs and expenses (including attorneys' fees and expert 
     witnesses' fees) that were reasonably incurred by the 
     complainant for, or in connection with, bringing the 
     complaint regarding the reprisal, as determined by the head 
     of the executive agency.
       ``(2) Exhaustion of remedies.--If the head of an executive 
     agency issues an order denying relief under paragraph (1) or 
     has not issued an order within 210 days after the submission 
     of a complaint under subsection (b), or in the case of an 
     extension of time under paragraph (b)(2)(B), not later than 
     30 days after the expiration of the extension of time, and 
     there is no showing that such delay is due to the bad faith 
     of the complainant, the complainant shall be deemed to have 
     exhausted all administrative remedies with respect to the 
     complaint, and the complainant may bring a de novo action at 
     law or equity against the contractor or grantee to seek 
     compensatory damages and other relief available under this 
     section in the appropriate district court of the United 
     States, which shall have jurisdiction over such an action 
     without regard to the amount in controversy. Such an action 
     shall, at the request of either party to the action, be tried 
     by the court with a jury. An action under this paragraph may 
     not be brought more than two years after the date on which 
     remedies are deemed to have been exhausted.
       ``(3) Admissibility of evidence.--An Inspector General 
     determination and an agency head order denying relief under 
     paragraph (2) shall be admissible in evidence in any de novo 
     action at law or equity brought pursuant to this subsection.
       ``(4) Enforcement of orders.--Whenever a person fails to 
     comply with an order issued under paragraph (1), the head of 
     the executive agency concerned shall file an action for 
     enforcement of such order in the United States district court 
     for a district in which the reprisal was found to have 
     occurred. In any action brought under this paragraph, the 
     court may grant appropriate relief, including injunctive 
     relief, compensatory and exemplary damages, and attorney fees 
     and costs. The person upon whose behalf an order was issued 
     may also file such an action or join in an action filed by 
     the head of the executive agency.
       ``(5) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the executive 
     agency. Review shall conform to chapter 7 of title 5. Filing 
     such an appeal shall not act to stay the enforcement of the 
     order of the head of an executive agency, unless a stay is 
     specifically entered by the court.
       ``(6) Burdens of proof.--The legal burdens of proof 
     specified in section 1221(e) of title 5 shall be controlling 
     for the purposes of any investigation conducted by an 
     Inspector General, decision by the head of an executive 
     agency, or judicial or administrative proceeding to determine 
     whether discrimination prohibited under this section has 
     occurred.
       ``(7) Rights and remedies not waivable.--The rights and 
     remedies provided for in this section may not be waived by 
     any agreement, policy, form, or condition of employment.
       ``(d) Notification of Employees.--The head of each 
     executive agency shall ensure that contractors, 
     subcontractors, and grantees of the agency inform their 
     employees in writing of the rights and remedies provided 
     under this section, in the predominant native language of the 
     workforce.
       ``(e) Construction.--Nothing in this section may be 
     construed to authorize the discharge of, demotion of, or 
     discrimination against an employee for a disclosure other 
     than a disclosure protected by subsection (a) or to modify or 
     derogate from a right or remedy otherwise available to the 
     employee.
       ``(f) Exceptions.--(1) This section shall not apply to any 
     element of the intelligence community, as defined in section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
       ``(2) This section shall not apply to any disclosure made 
     by an employee of a contractor, subcontractor, or grantee of 
     an element of the intelligence community if such disclosure--
       ``(A) relates to an activity of an element of the 
     intelligence community; or
       ``(B) was discovered during contract, subcontract, or 
     grantee services provided to an element of the intelligence 
     community.
       ``(g) Definitions.--In this section:
       ``(1) The term `abuse of authority' means an arbitrary and 
     capricious exercise of authority that is inconsistent with 
     the mission of the executive agency concerned or the 
     successful performance of a contract or grant of such agency.
       ``(2) The term `Inspector General' means an Inspector 
     General appointed under the Inspector General Act of 1978 and 
     any Inspector General that receives funding from, or has 
     oversight over contracts or grants awarded for or on behalf 
     of, the executive agency concerned.
       ``(h) Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     provide any rights to disclose classified information not 
     otherwise provided by law.

[[Page H6933]]

       ``(i) Duration of Section.--This section shall be in effect 
     for the four-year period beginning on the date of the 
     enactment of this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4712. Pilot program for enhancement of contractor protection from 
              reprisal for disclosure of certain information.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act, and shall, during the period 
     section 4712 of title 41, United States Code, as added by 
     such subsection, is in effect, apply to--
       (A) all contracts and grants awarded on or after such date;
       (B) all task orders entered on or after such date pursuant 
     to contracts awarded before, on, or after such date; and
       (C) all contracts awarded before such date that are 
     modified to include a contract clause providing for the 
     applicability of such amendments.
       (2) Revision of federal acquisition regulation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Federal Acquisition Regulation shall be revised to 
     implement the requirements arising under the amendments made 
     by this section.
       (3) Inclusion of contract clause in contracts awarded 
     before effective date.--At the time of any major modification 
     to a contract that was awarded before the date that is 180 
     days after the date of the enactment of this Act, the head of 
     the contracting agency shall make best efforts to include in 
     the contract a contract clause providing for the 
     applicability of the amendments made by this section to the 
     contract.
       (c) Suspension of Effectiveness of Section 4705 of Title 
     41, United States Code, While Pilot Program Is in Effect.--
     Section 4705 of title 41, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Four-year Suspension of Effectiveness While Pilot 
     Program Is in Effect.--While section 4712 of this title is in 
     effect, this section shall not be in effect.''.
       (d) Allowability of Legal Fees.--Section 4310 of title 41, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``commenced by the 
     Federal Government or a State'' and inserting ``commenced by 
     the Federal Government, by a State, or by a contractor or 
     grantee employee submitting a complaint under section 4712 of 
     this title''; and
       (2) in subsection (c)(3), by striking ``the imposition of a 
     monetary penalty'' and inserting ``the imposition of a 
     monetary penalty or an order to take corrective action under 
     section 4712 of this title''.
       (e) Government Accountability Office Study and Report.--
       (1) Study.--Not later than three years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall begin conducting a study to evaluate the 
     implementation of section 4712 of title 41, United States 
     Code, as added by subsection (a).
       (2) Report.--Not later than four years after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress a report on the results of the study 
     required by paragraph (1), with such findings and 
     recommendations as the Comptroller General considers 
     appropriate.

     SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST 
                   LIMITATIONS.

       (a) Assessment of Extension of Limitations to Certain 
     Additional Functions and Contracts.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall review the guidance on personal conflicts of 
     interest for contractor employees issued pursuant to section 
     841(a) of the Duncan Hunter National Defense Authorization 
     Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4537) 
     in order to determine whether it would be in the best 
     interest of the Department of Defense and the taxpayers to 
     extend such guidance to personal conflicts of interest by 
     contractor personnel performing any of the following:
       (1) Functions other than acquisition functions that are 
     closely associated with inherently governmental functions (as 
     that term is defined in section 2383(b)(3) of title 10, 
     United States Code).
       (2) Personal services contracts (as that term is defined in 
     section 2330a(g)(5) of title 10, United States Code).
       (3) Contracts for staff augmentation services (as that term 
     is defined in section 808(d)(3) of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1490)).
       (b) Extension of Limitations.--If the Secretary determines 
     pursuant to the review under subsection (a) that the guidance 
     on personal conflicts of interest should be extended, the 
     Secretary shall revise the Defense Supplement to the Federal 
     Acquisition Regulation to the extent necessary to achieve 
     such extension.
       (c) Results of Review.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     document in writing the results of the review conducted under 
     subsection (a), including, at a minimum--
       (1) the findings and recommendations of the review; and
       (2) the basis for such findings and recommendations.

     SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND 
                   DELIVERY ORDER CONTRACTS.

       Section 2304c(e) of title 10, United States Code, is 
     amended by striking paragraph (3).

     SEC. 831. GUIDANCE AND TRAINING RELATED TO EVALUATING 
                   REASONABLENESS OF PRICE.

       (a) Guidance.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall issue guidance 
     on the use of the authority provided by sections 2306a(d) and 
     2379 of title 10, United States Code. The guidance shall--
       (1) include standards for determining whether information 
     on the prices at which the same or similar items have 
     previously been sold is adequate for evaluating the 
     reasonableness of price;
       (2) include standards for determining the extent of 
     uncertified cost information that should be required in cases 
     in which price information is not adequate for evaluating the 
     reasonableness of price;
       (3) ensure that in cases in which such uncertified cost 
     information is required, the information shall be provided in 
     the form in which it is regularly maintained by the offeror 
     in its business operations; and
       (4) provide that no additional cost information may be 
     required by the Department of Defense in any case in which 
     there are sufficient non-Government sales to establish 
     reasonableness of price.
       (b) Training and Expertise.--Not later than 270 days after 
     the date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     develop and begin implementation of a plan of action to--
       (1) train the acquisition workforce on the use of the 
     authority provided by sections 2306a(d) and 2379 of title 10, 
     United States Code, in evaluating reasonableness of price in 
     procurements of commercial items; and
       (2) develop a cadre of experts within the Department of 
     Defense to provide expert advice to the acquisition workforce 
     in the use of the authority provided by such sections in 
     accordance with the guidance issued pursuant to subsection 
     (a).
       (c) Documentation Requirements.--The Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     ensure that requests for uncertified cost information for the 
     purposes of evaluating reasonableness of price are 
     sufficiently documented. The Under Secretary shall require 
     that the contract file include, at a minimum, the following:
       (1) A justification of the need for additional cost 
     information.
       (2) A copy of any request from the Department of Defense to 
     a contractor for additional cost information.
       (3) Any response received from the contractor to the 
     request, including any rationale or justification provided by 
     the contractor for a failure to provide the requested 
     information.
       (d) Comptroller General Review and Report.--
       (1) Review requirement.--The Comptroller General of the 
     United States shall conduct a review of data collected 
     pursuant to sections 2306a(d) and 2379 of title 10, United 
     States Code, during the two-year period beginning on the date 
     of the enactment of this Act.
       (2) Report requirement.--Not later than 180 days after the 
     end of the two-year period referred to in paragraph (1), the 
     Comptroller General shall submit to the congressional defense 
     committees a report on--
       (A) the extent to which the Department of Defense needed 
     access to additional cost information pursuant to sections 
     2306a(d) and 2379 of title 10, United States Code, during 
     such two-year period in order to determine price 
     reasonableness;
       (B) the extent to which acquisition officials of the 
     Department of Defense complied with the guidance issued 
     pursuant to subsection (a) during such two-year period;
       (C) the extent to which the Department of Defense needed 
     access to additional cost information during such two-year 
     period to determine reasonableness of price, but was not 
     provided such information by the contractor on request; and
       (D) recommendations for improving evaluations of 
     reasonableness of price by Department of Defense acquisition 
     professionals, including recommendations for any amendments 
     to law, regulations, or guidance.

     SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, AND 
                   SAFEGUARDS AND PROTECTIONS FOR CONTRACTOR 
                   INTERNAL AUDIT REPORTS.

       (a) Revised Guidance Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Director of 
     the Defense Contract Audit Agency shall revise guidance on 
     access to defense contractor internal audit reports 
     (including the Contract Audit Manual) to incorporate the 
     requirements of this section.
       (b) Documentation Requirements.--The revised guidance shall 
     ensure that requests for access to defense contractor 
     internal audit reports are appropriately documented. The 
     required documentation shall include, at a minimum, the 
     following:
       (1) Written determination that access to such reports is 
     necessary to complete required evaluations of contractor 
     business systems.
       (2) A copy of any request from the Defense Contract Audit 
     Agency to a contractor for access to such reports.

[[Page H6934]]

       (3) A record of response received from the contractor, 
     including the contractor's rationale or justification if 
     access to requested reports was not granted.
       (b) Safeguards and Protections.--The revised guidance shall 
     include appropriate safeguards and protections to ensure that 
     contractor internal audit reports cannot be used by the 
     Defense Contract Audit Agency for any purpose other than 
     evaluating and testing the efficacy of contractor internal 
     controls and the reliability of associated contractor 
     business systems.
       (c) Risk-based Auditing.--A determination by the Defense 
     Contract Audit Agency that a contractor has a sound system of 
     internal controls shall provide the basis for increased 
     reliance on contractor business systems or a reduced level of 
     testing with regard to specific audits, as appropriate. 
     Internal audit reports provided by a contractor pursuant to 
     this section may be considered in determining whether or not 
     a contractor has a sound system of internal controls, but 
     shall not be the sole basis for such a determination.
       (d) Comptroller General Review.--Not later than one year 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall initiate a review of the 
     documentation required by subsection (a). Not later than 90 
     days after completion of the review, the Comptroller General 
     shall submit to the congressional defense committees a report 
     on the results of the review, with findings and 
     recommendations for improving the audit processes of the 
     Defense Contract Audit Agency.

     SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULATIONS RELATING 
                   TO DETECTION AND AVOIDANCE OF COUNTERFEIT 
                   ELECTRONIC PARTS.

       Section 818(c)(2)(B) of the National Defense Authorization 
     Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 
     10 U.S.C. 2302 note) is amended to read as follows:
       ``(B) the cost of counterfeit electronic parts and suspect 
     counterfeit electronic parts and the cost of rework or 
     corrective action that may be required to remedy the use or 
     inclusion of such parts are not allowable costs under 
     Department contracts, unless--
       ``(i) the covered contractor has an operational system to 
     detect and avoid counterfeit parts and suspect counterfeit 
     electronic parts that has been reviewed and approved by the 
     Department of Defense pursuant to subsection (e)(2)(B);
       ``(ii) the counterfeit electronic parts or suspect 
     counterfeit electronic parts were provided to the contractor 
     as Government property in accordance with part 45 of the 
     Federal Acquisition Regulation; and
       ``(iii) the covered contractor provides timely notice to 
     the Government pursuant to paragraph (4).''.

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

     SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE 
                   PRODUCTS AND SERVICES PRODUCED IN COUNTRIES 
                   ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.

       (a) Extension of Termination Date.--Subsection (f) of 
     section 801 of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399) is 
     amended by striking ``on or after the date occurring three 
     years after the date of the enactment of this Act'' and 
     inserting ``after December 31, 2014''.
       (b) Expansion of Authority To Cover Forces of the United 
     States and Coalition Forces.--Subsection (b)(1) of such 
     section is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by adding ``or'' at the end; and
       (3) by adding at the end the following:
       ``(D) by the United States or coalition forces in 
     Afghanistan if the product or service is from a country that 
     has agreed to allow the transport of coalition personnel, 
     equipment, and supplies;''.
       (c) Repeal of Expired Report Requirement.--Subsection (g) 
     of such section is repealed.
       (d) Clerical Amendment.--The heading of such section is 
     amended by striking ``; report''.

     SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND 
                   SERVICES PRODUCED IN AFGHANISTAN.

       Section 886 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 266; 10 
     U.S.C. 2302 note) is amended--
       (1) in the section heading, by striking ``iraq or'';
       (2) by striking ``Iraq or'' each place it appears; and
       (3) in the subsection heading of subsection (c), by 
     striking ``Iraq or''.

     SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR 
                   OPERATIONAL CONTRACT SUPPORT.

       (a) Guidance Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall develop and issue guidance establishing the chain of 
     authority and responsibility within the Department of Defense 
     for policy, planning, and execution of operational contract 
     support.
       (b) Elements.--The guidance under subsection (a) shall, at 
     a minimum--
       (1) specify the officials, offices, and components of the 
     Department within the chain of authority and responsibility 
     described in subsection (a);
       (2) identify for each official, office, and component 
     specified under paragraph (1)--
       (A) requirements for policy, planning, and execution of 
     contract support for operational contract support, including, 
     at a minimum, requirements in connection with--
       (i) coordination of functions, authorities, and 
     responsibilities related to operational contract support, 
     including coordination with relevant Federal agencies;
       (ii) assessments of total force data in support of 
     Department force planning scenarios, including the 
     appropriateness of and necessity for the use of contractors 
     for identified functions;
       (iii) determinations of capability requirements for 
     nonacquisition community operational contract support, and 
     identification of resources required for planning, training, 
     and execution to meet such requirements; and
       (iv) determinations of policy regarding the use of 
     contractors by function, and identification of the training 
     exercises that will be required for operational contract 
     support (including an assessment whether or not such 
     exercises will include contractors); and
       (B) roles, authorities, responsibilities, and lines of 
     supervision for the achievement of the requirements 
     identified under subparagraph (A); and
       (3) ensure that the chain of authority and responsibility 
     described in subsection (a) is appropriately aligned with, 
     and appropriately integrated into, the structure of the 
     Department for the conduct of overseas contingency 
     operations, including the military departments, the Joint 
     Staff, and the commanders of the unified combatant commands.

     SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR FUTURE 
                   OVERSEAS CONTINGENCY OPERATIONS INVOLVING 
                   COMBAT OPERATIONS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, the 
     Secretary of State, and the Administrator of the United 
     States Agency for International Development shall each issue 
     guidance regarding data collection on contract support for 
     future contingency operations outside the United States that 
     involve combat operations.
       (b) Elements.--The guidance required by subsection (a) 
     shall ensure that the Department of Defense, the Department 
     of State, and the United States Agency for International 
     Development take the steps necessary to ensure that each 
     agency has the capability to collect and report, at a 
     minimum, the following data regarding such contract support:
       (1) The total number of contracts entered into as of the 
     date of any report.
       (2) The total number of such contracts that are active as 
     of such date.
       (3) The total value of contracts entered into as of such 
     date.
       (4) The total value of such contracts that are active as of 
     such date.
       (5) An identification of the extent to which the contracts 
     entered into as of such date were entered into using 
     competitive procedures.
       (6) The total number of contractor personnel working under 
     contracts entered into as of the end of each calendar quarter 
     during the one-year period ending on such date.
       (7) The total number of contractor personnel performing 
     security functions under contracts entered into as of the end 
     of each calendar quarter during the one-year period ending on 
     such date.
       (8) The total number of contractor personnel killed or 
     wounded under any contracts entered into.
       (c) Comptroller General Review and Report.--
       (1) Review.--The Comptroller General of the United States 
     shall review the data system or systems established to track 
     contractor data pursuant to subsections (a) and (b). The 
     review shall, with respect to each such data system, at a 
     minimum--
       (A) identify each such data system and assess the resources 
     needed to sustain such system;
       (B) determine if all such data systems are interoperable, 
     use compatible data standards, and meet the requirements of 
     section 2222 of title 10, United States Code; and
       (C) make recommendations on the steps that the Department 
     of Defense, the Department of State, and the United States 
     Agency for International Development should take to ensure 
     that all such data systems--
       (i) meet the requirements of the guidance issued pursuant 
     to subsections (a) and (b);
       (ii) are interoperable, use compatible data standards, and 
     meet the requirements of section 2222 of such title; and
       (iii) are supported by appropriate business processes and 
     rules to ensure the timeliness and reliability of data.
       (2) Report.--Not later than two years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report on the review required by paragraph (1) to the 
     following committees:
       (A) The congressional defense committees.
       (B) The Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (C) The Committee on Foreign Affairs and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.

[[Page H6935]]

     SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN 
                   CERTAIN REQUIREMENTS FOR DEPARTMENT OF DEFENSE 
                   PLANNING, JOINT PROFESSIONAL MILITARY 
                   EDUCATION, AND MANAGEMENT STRUCTURE.

       (a) Readiness Reporting System.--Section 117(c) of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(8) Measure, on an annual basis, the capability of 
     operational contract support to support current and 
     anticipated wartime missions of the armed forces.''.
       (b) Operational Contract Support Planning and Preparedness 
     Functions of CJCS.--Section 153(a)(3) of such title is 
     amended by adding at the end the following new subparagraph:
       ``(F) In coordination with the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics, the Secretaries 
     of the military departments, the heads of the Defense 
     Agencies, and the commanders of the combatant commands, 
     determining the operational contract support requirements of 
     the armed forces and recommending the resources required to 
     improve and enhance operational contract support for the 
     armed forces and planning for such operational contract 
     support.''.
       (c) Operational Contract Support as Matter Within Course of 
     Joint Professional Military Education.--Section 2151(a) of 
     such title is amended by adding at the end the following new 
     paragraph:
       ``(6) Operational contract support.''.
       (d) Management Structure.--Section 2330(c)(2) of such title 
     is amended by striking ``other than services'' and all that 
     follows and inserting ``including services in support of 
     contingency operations. The term does not include services 
     relating to research and development or military 
     construction.''.

     SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RELATED TO 
                   CONTRACTOR PERFORMANCE.

       (a) Risk Assessments for Contractor Performance in 
     Operational or Contingency Plans.--The Secretary of Defense 
     shall require that a risk assessment on reliance on 
     contractors be included in operational or contingency plans 
     developed by a commander of a combatant command in executing 
     the responsibilities prescribed in section 164 of title 10, 
     United States Code. Such risk assessments shall address, at a 
     minimum, the potential risks listed in subsection (c).
       (b) Comprehensive Risk Assessments and Mitigation Plans for 
     Contractor Performance in Support of Overseas Contingency 
     Operations.--
       (1) In general.--Subject to paragraphs (2) and (3), not 
     later than six months after the commencement or designation 
     of a contingency operation outside the United States that 
     includes or is expected to include combat operations, the 
     head of each covered agency shall perform a comprehensive 
     risk assessment and develop a risk mitigation plan for 
     operational and political risks associated with contractor 
     performance of critical functions in support of the operation 
     for such covered agency.
       (2) Exceptions.--Except as provided in paragraph (3), a 
     risk assessment and risk mitigation plan shall not be 
     required under paragraph (1) for an overseas contingency 
     operation if--
       (A) the operation is not expected to continue for more than 
     one year; and
       (B) the total amount of obligations for contracts for 
     support of the operation for the covered agency is not 
     expected to exceed $250,000,000.
       (3) Termination of exceptions.--Notwithstanding paragraph 
     (2), the head of a covered agency shall perform a risk 
     assessment and develop a risk mitigation plan under paragraph 
     (1) for an overseas contingency operation with regard to 
     which a risk assessment and risk mitigation plan has not 
     previously been performed under paragraph (1) not later than 
     60 days after the date on which--
       (A) the operation has continued for more than one year; or
       (B) the total amount of obligations for contracts for 
     support of the operation for the covered agency exceeds 
     $250,000,000.
       (c) Comprehensive Risk Assessments.--A comprehensive risk 
     assessment under subsection (b) shall consider, at a minimum, 
     risks relating to the following:
       (1) The goals and objectives of the operation (such as 
     risks from contractor behavior or performance that may injure 
     innocent members of the local population or offend their 
     sensibilities).
       (2) The continuity of the operation (such as risks from 
     contractors refusing to perform or being unable to perform 
     when there may be no timely replacements available).
       (3) The safety of military and civilian personnel of the 
     United States if the presence or performance of contractor 
     personnel creates unsafe conditions or invites attack.
       (4) The safety of contractor personnel employed by the 
     covered agency.
       (5) The managerial control of the Government over the 
     operation (such as risks from over-reliance on contractors to 
     monitor other contractors or inadequate means for Government 
     personnel to monitor contractor performance).
       (6) The critical organic or core capabilities of the 
     Government, including critical knowledge or institutional 
     memory of key operations areas and subject-matter expertise.
       (7) The ability of the Government to control costs, avoid 
     organizational or personal conflicts of interest, and 
     minimize waste, fraud, and abuse.
       (d) Risk Mitigation Plans.--A risk mitigation plan under 
     subsection (b) shall include, at a minimum, the following:
       (1) For each high-risk area identified in the comprehensive 
     risk assessment for the operation performed under subsection 
     (b)--
       (A) specific actions to mitigate or reduce such risk, 
     including the development of alternative capabilities to 
     reduce reliance on contractor performance of critical 
     functions;
       (B) measurable milestones for the implementation of planned 
     risk mitigation or risk reduction measures; and
       (C) a process for monitoring, measuring, and documenting 
     progress in mitigating or reducing risk.
       (2) A continuing process for identifying and addressing new 
     and changed risks arising in the course of the operation, 
     including the periodic reassessment of risks and the 
     development of appropriate risk mitigation or reduction plans 
     for any new or changed high-risk area identified.
       (e) Critical Functions.--For purposes of this section, 
     critical functions include, at a minimum, the following:
       (1) Private security functions, as that term is defined in 
     section 864(a)(6) of the National Defense Authorization Act 
     for Fiscal Year 2008 (10 U.S.C. 2302 note).
       (2) Training and advising Government personnel, including 
     military and security personnel, of a host nation.
       (3) Conducting intelligence or information operations.
       (4) Any other functions that are closely associated with 
     inherently governmental functions, including the functions 
     set forth in section 7.503(d) of the Federal Acquisition 
     Regulation.
       (5) Any other functions that are deemed critical to the 
     success of the operation.
       (f) Covered Agency.--In this section, the term ``covered 
     agency'' means the Department of Defense, the Department of 
     State, and the United States Agency for International 
     Development.

     SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON 
                   CONTRACTING IN IRAQ AND AFGHANISTAN.

       (a) Two-Year Extension of Requirement for Joint Report.--
     Subsection (a)(5) of section 863 of the National Defense 
     Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 note) 
     is amended by striking ``February 1, 2013'' and inserting 
     ``February 1, 2015''.
       (b) Repeal of Comptroller General Review.--Such section is 
     further amended by striking subsection (b).
       (c) Conforming Amendments.--
       (1) In general.--Such section is further amended--
       (A) by striking ``Joint Report Required.--'' and all that 
     follows through ``paragraph (6)'' and inserting ``In 
     General.--Except as provided in subsection (f)'';
       (B) by striking ``this subsection'' each place it appears 
     and inserting ``this section'';
       (C) by redesignating paragraphs (2) through (7) as 
     subsections (b) through (g), respectively, and by moving the 
     left margins of such subsections (including the subparagraphs 
     in such subsections), as so redesignated, two ems to the 
     left;
       (D) in subsection (b), as redesignated by subparagraph (C) 
     of this paragraph--
       (i) by capitalizing the second and third words of the 
     heading; and
       (ii) by redesignating subparagraphs (A) through (I) as 
     paragraphs (1) through (9), respectively;
       (E) in subsection (c), as redesignated by subparagraph (C) 
     of this paragraph--
       (i) by capitalizing the second and third words of the 
     heading;
       (ii) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively; and
       (iii) by striking ``paragraph (2)'' each place it appears 
     and inserting ``subsection (b)'';
       (F) in subsection (d), as redesignated by subparagraph (C) 
     of this paragraph, by capitalizing the second word of the 
     heading;
       (G) in subsection (e), as redesignated by subparagraph (C) 
     of this paragraph, by capitalizing the third word of the 
     heading;
       (H) in subsection (f), as redesignated by subparagraph (C) 
     of this paragraph, by striking ``this paragraph'' and 
     inserting ``this subsection''; and
       (I) in subsection (g), as redesignated by subparagraph (C) 
     of this paragraph, by striking ``paragraph (2)(F)'' and 
     inserting ``subsection (b)(6)''.
       (2) Heading amendment.--The heading of such section is 
     amended by striking ``and comptroller general review''.

     SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS 
                   CONTINGENCY OPERATIONS.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) by redesignating section 8L as section 8M; and
       (2) by inserting after section 8J the following new section 
     8L:

     ``SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTINGENCY 
                   OPERATIONS.

       ``(a) Additional Responsibilities of Chair of Council of 
     Inspectors General on Integrity and Efficiency.--Upon the 
     commencement or designation of a military operation as an 
     overseas contingency operation that exceeds 60 days, the 
     Chair of the Council of Inspectors General on Integrity and 
     Efficiency (CIGIE) shall, in consultation with the members of 
     the Council, have the additional responsibilities specified 
     in subsection (b) with respect to the Inspectors General 
     specified in subsection (c).

[[Page H6936]]

       ``(b) Specific Responsibilities.--The responsibilities 
     specified in this subsection are the following:
       ``(1) In consultation with the Inspectors General specified 
     in subsection (c), to designate a lead Inspector General in 
     accordance with subsection (d) to discharge the authorities 
     of the lead Inspector General for the overseas contingency 
     operation concerned as set forth in subsection (d).
       ``(2) To resolve conflicts of jurisdiction among the 
     Inspectors General specified in subsection (c) on 
     investigations, inspections, and audits with respect to such 
     contingency operation in accordance with subsection 
     (d)(2)(B).
       ``(3) To assist in identifying for the lead inspector 
     general for such contingency operation, Inspectors General 
     and inspector general office personnel available to assist 
     the lead Inspector General and the other Inspectors General 
     specified in subsection (c) on matters relating to such 
     contingency operation.
       ``(c) Inspectors General.--The Inspectors General specified 
     in this subsection are the Inspectors General as follows:
       ``(1) The Inspector General of the Department of Defense.
       ``(2) The Inspector General of the Department of State.
       ``(3) The Inspector General of the United States Agency for 
     International Development.
       ``(d) Lead Inspector General for Overseas Contingency 
     Operation.--(1) A lead Inspector General for an overseas 
     contingency operation shall be designated by the Chair of the 
     Council of Inspectors General on Integrity and Efficiency 
     under subsection (b)(1) not later than 30 days after the 
     commencement or designation of the military operation 
     concerned as an overseas contingency operation that exceeds 
     60 days. The lead Inspector General for a contingency 
     operation shall be designated from among the Inspectors 
     General specified in subsection (c).
       ``(2) The lead Inspector General for an overseas 
     contingency operation shall have the following 
     responsibilities:
       ``(A) To appoint, from among the offices of the other 
     Inspectors General specified in subsection (c), an Inspector 
     General to act as associate Inspector General for the 
     contingency operation who shall act in a coordinating role to 
     assist the lead Inspector General in the discharge of 
     responsibilities under this subsection.
       ``(B) To develop and carry out, in coordination with the 
     offices of the other Inspectors General specified in 
     subsection (c), a joint strategic plan to conduct 
     comprehensive oversight over all aspects of the contingency 
     operation and to ensure through either joint or individual 
     audits, inspections, and investigations, independent and 
     effective oversight of all programs and operations of the 
     Federal Government in support of the contingency operation.
       ``(C) To review and ascertain the accuracy of information 
     provided by Federal agencies relating to obligations and 
     expenditures, costs of programs and projects, accountability 
     of funds, and the award and execution of major contracts, 
     grants, and agreements in support of the contingency 
     operation.
       ``(D)(i) If none of the Inspectors General specified in 
     subsection (c) has principal jurisdiction over a matter with 
     respect to the contingency operation, to exercise 
     responsibility for discharging oversight responsibilities in 
     accordance with this Act with respect to such matter.
       ``(ii) If more than one of the Inspectors General specified 
     in subsection (c) has jurisdiction over a matter with respect 
     to the contingency operation, to determine principal 
     jurisdiction for discharging oversight responsibilities in 
     accordance with this Act with respect to such matter.
       ``(E) To employ, or authorize the employment by the other 
     Inspectors General specified in subsection (c), on a 
     temporary basis using the authorities in section 3161 of 
     title 5, United States Code, such auditors, investigators, 
     and other personnel as the lead Inspector General considers 
     appropriate to assist the lead Inspector General and such 
     other Inspectors General on matters relating to the 
     contingency operation.
       ``(F) To submit to Congress on a bi-annual basis, and to 
     make available on an Internet website available to the 
     public, a report on the activities of the lead Inspector 
     General and the other Inspectors General specified in 
     subsection (c) with respect to the contingency operation, 
     including--
       ``(i) the status and results of investigations, 
     inspections, and audits and of referrals to the Department of 
     Justice; and
       ``(ii) overall plans for the review of the contingency 
     operation by inspectors general, including plans for 
     investigations, inspections, and audits.
       ``(G) To submit to Congress on a quarterly basis, and to 
     make available on an Internet website available to the 
     public, a report on the contingency operation.
       ``(H) To carry out such other responsibilities relating to 
     the coordination and efficient and effective discharge by the 
     Inspectors General specified in subsection (c) of duties 
     relating to the contingency operation as the lead Inspector 
     General shall specify.
       ``(3)(A) The lead Inspector General for an overseas 
     contingency operation may employ, or authorize the employment 
     by the other Inspectors General specified in subsection (c) 
     of, annuitants covered by section 9902(g) of title 5, United 
     States Code, for purposes of assisting the lead Inspector 
     General in discharging responsibilities under this subsection 
     with respect to the contingency operation.
       ``(B) The employment of annuitants under this paragraph 
     shall be subject to the provisions of section 9902(g) of 
     title 5, United States Code, as if the lead Inspector General 
     concerned was the Department of Defense.
       ``(C) The period of employment of an annuitant under this 
     paragraph may not exceed three years, except that the period 
     may be extended for up to an additional two years in 
     accordance with the regulations prescribed pursuant to 
     section 3161(b)(2) of title 5, United States Code.
       ``(4) The lead Inspector General for an overseas 
     contingency operation shall discharge the responsibilities 
     for the contingency operation under this subsection in a 
     manner consistent with the authorities and requirements of 
     this Act generally and the authorities and requirements 
     applicable to the Inspectors General specified in subsection 
     (c) under this Act.
       ``(e) Sunset for Particular Contingency Operations.--The 
     requirements and authorities of this section with respect to 
     an overseas contingency operation shall cease at the end of 
     the first fiscal year after the commencement or designation 
     of the contingency operation in which the total amount 
     appropriated for the contingency operation is less than 
     $100,000,000.
       ``(f) Construction of Authority.--Nothing in this section 
     shall be construed to limit the ability of the Inspectors 
     General specified in subsection (c) to enter into agreements 
     to conduct joint audits, inspections, or investigations in 
     the exercise of their oversight responsibilities in 
     accordance with this Act with respect to overseas contingency 
     operations.''.

     SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES 
                   FOR OVERSEAS CONTINGENCY OPERATIONS IN 
                   RESPONSIBILITIES OF CHIEF ACQUISITION OFFICERS 
                   OF FEDERAL AGENCIES.

       (a) In General.--Subsection (b)(3) of section 1702 of title 
     41, United States Code, is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (E) the following new 
     subparagraph (F):
       ``(F) advising the executive agency on the applicability of 
     relevant policy on the contracts of the agency for overseas 
     contingency operations and ensuring the compliance of the 
     contracts and contracting activities of the agency with such 
     policy;''.
       (b) Definition.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(d) Overseas Contingency Operations Defined.--In this 
     section, the term `overseas contingency operations' means 
     military operations outside the United States and its 
     territories and possessions that are a contingency operation 
     (as that term is defined in section 101(a)(13) of title 
     10).''.

     SEC. 850. REPORTS ON RESPONSIBILITY WITHIN DEPARTMENT OF 
                   STATE AND THE UNITED STATES AGENCY FOR 
                   INTERNATIONAL DEVELOPMENT FOR CONTRACT SUPPORT 
                   FOR OVERSEAS CONTINGENCY OPERATIONS.

       (a) DoS and USAID Reports Required.--Not later than six 
     months after the date of the enactment of this Act, the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall, in consultation 
     with the Chief Acquisition Officer of the Department of State 
     and the Chief Acquisition Officer of the United States Agency 
     for International Development, respectively, each submit to 
     the appropriate committees of Congress an assessment of 
     Department of State and United States Agency for 
     International Development policies governing contract support 
     in overseas contingency operations.
       (b) Elements.--Each report under subsection (a) shall 
     include the following:
       (1) A description and assessment of the roles and 
     responsibilities of the officials, offices, and components of 
     the Department of State or the United States Agency for 
     International Development, as applicable, within the chain of 
     authority and responsibility for policy, planning, and 
     execution of contract support for overseas contingency 
     operations.
       (2) Procedures and processes of the Department or Agency, 
     as applicable, on the following in connection with contract 
     support for overseas contingency operations:
       (A) Collection, inventory, and reporting of data.
       (B) Acquisition planning.
       (C) Solicitation and award of contracts.
       (D) Requirements development and management.
       (E) Contract tracking and oversight.
       (F) Performance evaluations.
       (G) Risk management.
       (H) Interagency coordination and transition planning.
       (3) Strategies and improvements necessary for the 
     Department or the Agency, as applicable, to address reliance 
     on contractors, workforce planning, and the recruitment and 
     training of acquisition workforce personnel, including the 
     anticipated number of personnel needed to perform acquisition 
     management and oversight functions and plans for achieving 
     personnel staffing goals, in connection with overseas 
     contingency operations.
       (c) Comptroller General Report.--Not later than one year 
     after the date of the enactment of this Act, the Comptroller 
     General

[[Page H6937]]

     of the United States shall submit to the appropriate 
     committees of Congress a report on the progress of the 
     efforts of the Department of State and the United States 
     Agency for International Development in implementing 
     improvements and changes identified under paragraphs (1) 
     through (3) of subsection (b) in the reports required by 
     subsection (a), together with such additional information as 
     the Comptroller General considers appropriate to further 
     inform such committees on issues relating to the reports 
     required by subsection (a).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.

     SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES 
                   UNDER FEDERAL CONTRACTS.

       (a) Database Required.--
       (1) In general.--Chapter 33 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3312. Database on price trends of items and services 
       under Federal contracts

       ``(a) Database Required.--The Administrator shall establish 
     and maintain a database of information on price trends for 
     items and services under contracts with the Federal 
     Government. The information in the database shall be designed 
     to assist Federal acquisition officials in the following:
       ``(1) Monitoring developments in price trends for items and 
     services under contracts with the Federal Government.
       ``(2) Conducting price or cost analyses for items and 
     services under offers for contracts with the Federal 
     Government, or otherwise conducting determinations of the 
     reasonableness of prices for items and services under such 
     offers, and addressing unjustified escalation in prices being 
     paid by the Federal Government for items and services under 
     contracts with the Federal Government.
       ``(b) Use.--(1) The database under subsection (a) shall be 
     available to executive agencies in the evaluation of offers 
     for contracts with the Federal Government for items and 
     services.
       ``(2) The Secretary of Defense may satisfy the requirements 
     of this section by complying with the requirements of section 
     892 of the Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011 (10 U.S.C. 2306a note).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 33 of such title is amended by adding at 
     the end the following new item:

``3312. Database on price trends of items and services under Federal 
              contracts.''.
       (b) Use of Elements of Department of Defense Pilot 
     Project.--In establishing the database required by section 
     3312 of title 41, United States Code (as added by subsection 
     (a)), the Administrator for Federal Procurement Policy shall 
     use and incorporate appropriate elements of the pilot project 
     on pricing being carried out by the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics pursuant 
     to section 892 of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a note) 
     and the Better Buying Power initiative of the Secretary of 
     Defense.

     SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND 
                   INTEGRITY THROUGH THE FEDERAL AWARDEE 
                   PERFORMANCE AND INTEGRITY INFORMATION SYSTEM.

       Subsection (d) of section 2313 of title 41, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) Information on corporations.--The information in the 
     database on a person that is a corporation shall, to the 
     extent practicable, include information on any parent, 
     subsidiary, or successor entities to the corporation in a 
     manner designed to give the acquisition officials using the 
     database a comprehensive understanding of the performance and 
     integrity of the corporation in carrying out Federal 
     contracts and grants.''.

     SEC. 853. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST 
                   PERFORMANCE DATABASES FOR EXECUTIVE AGENCY 
                   SOURCE SELECTION DECISIONS.

       (a) Strategy Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall develop a strategy for ensuring that timely, 
     accurate, and complete information on contractor performance 
     is included in past performance databases used by executive 
     agencies for making source selection decisions.
       (2) Consultation with usdatl.--In developing the strategy 
     required by this subsection, the Federal Acquisition 
     Regulatory Council shall consult with the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics to ensure 
     that the strategy is, to the extent practicable, consistent 
     with the strategy developed by the Under Secretary pursuant 
     to section 806 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 
     U.S.C. 2302 note).
       (b) Elements.--The strategy required by subsection (a) 
     shall, at a minimum--
       (1) establish standards for the timeliness and completeness 
     of past performance submissions for purposes of databases 
     described in subsection (a);
       (2) assign responsibility and management accountability for 
     the completeness of past performance submissions for such 
     purposes; and
       (3) ensure that past performance submissions for such 
     purposes are consistent with award fee evaluations in cases 
     where such evaluations have been conducted.
       (c) Contractor Comments.--Not later than 180 days after the 
     date of the enactment of this Act, the Federal Acquisition 
     Regulation shall be revised to require the following:
       (1) That affected contractors are provided, in a timely 
     manner, information on contractor performance to be included 
     in past performance databases in accordance with subsection 
     (a).
       (2) That such contractors are afforded up to 14 calendar 
     days, from the date of delivery of the information provided 
     in accordance with paragraph (1), to submit comments, 
     rebuttals, or additional information pertaining to past 
     performance for inclusion in such databases.
       (3) That agency evaluations of contractor past performance, 
     including any comments, rebuttals, or additional information 
     submitted under paragraph (2), are included in the relevant 
     past performance database not later than the date that is 14 
     days after the date of delivery of the information provided 
     in accordance with paragraph (1).
       (d) Construction.--Nothing in this section shall be 
     construed to prohibit a contractor from submitting comments, 
     rebuttals, or additional information pertaining to past 
     performance after the period described in subsection (c)(2) 
     has elapsed or to prohibit a contractor from challenging a 
     past performance evaluation in accordance with applicable 
     laws, regulations, or procedures.
       (e) Comptroller General Report.--Not later than 18 months 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report on the actions taken by the 
     Federal Acquisition Regulatory Council pursuant to this 
     section, including an assessment of the following:
       (1) The extent to which the strategy required by subsection 
     (a) is consistent with the strategy developed by the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics as described in subsection (a)(2).
       (2) The extent to which the actions of the Federal 
     Acquisition Regulatory Council pursuant to this section have 
     otherwise achieved the objectives of this section.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code, 
     except that the term excludes the Department of Defense and 
     the military departments.
       (3) The term ``Federal Acquisition Regulatory Council'' 
     means the Federal Acquisition Regulatory Council under 
     section 1302(a) of title 41, United States Code.

                       Subtitle E--Other Matters

     SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND 
                   DEBARMENT OFFICIALS OF THE DEPARTMENT OF 
                   DEFENSE, THE DEPARTMENT OF STATE, AND THE 
                   UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) Requirements.--Not later than 180 days after the date 
     of the enactment of this Act, the head of the covered agency 
     concerned shall ensure the following:
       (1) There shall be not less than one suspension and 
     debarment official--
       (A) in the case of the Department of Defense, for each of 
     the Department of the Army, the Department of the Navy, the 
     Department of the Air Force, and the Defense Logistics 
     Agency;
       (B) for the Department of State; and
       (C) for the United States Agency for International 
     Development.
       (2) A suspension and debarment official under paragraph (1) 
     may not report to or be subject to the supervision of the 
     acquisition office or the Inspector General--
       (A) in the case of the Department of Defense, of either the 
     Department of Defense or the military department or Defense 
     Agency concerned; and
       (B) in the case of the Department of State and the United 
     States Agency for International Development, of the covered 
     agency concerned.
       (3) Each suspension and debarment official under paragraph 
     (1) shall have a staff and resources adequate for the 
     discharge of the suspension and debarment responsibilities of 
     such official.
       (4) Each suspension and debarment official under paragraph 
     (1) shall document the basis for any final decision taken 
     pursuant to a formal referral in accordance with the policies 
     established under paragraph (5).

[[Page H6938]]

       (5) Each suspension and debarment official under paragraph 
     (1) shall, in consultation with the General Counsel of the 
     covered agency, establish in writing policies for the 
     consideration of the following:
       (A) Formal referrals of suspension and debarment matters.
       (B) Suspension and debarment matters that are not formally 
     referred.
       (b) Duties of Interagency Committee on Debarment and 
     Suspension.--Section 873 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (31 U.S.C. 
     6101 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, including with 
     respect to contracts in connection with contingency 
     operations'' before the semicolon; and
       (B) in paragraph (7)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(D) a summary of suspensions, debarments, and 
     administrative agreements during the previous year.''; and
       (2) by striking subsection (b) and inserting the following 
     new subsections:
       ``(b) Date of Submittal of Annual Reports.--The annual 
     report required by subsection (a)(7) shall be submitted not 
     later than January 31 of each year, beginning with January 
     31, 2014.
       ``(c) Definitions.--In this section:
       ``(1) The term `contingency operation' has the meaning 
     given that term in section 101(a)(13) of title 10, United 
     States Code.
       ``(2) The term `Interagency Committee on Debarment and 
     Suspension' means the committee constituted under sections 4 
     and 5 of Executive Order No. 12549.''.
       (c) Covered Agency.--In this section, the term ``covered 
     agency'' means the Department of Defense, the Department of 
     State, and the United States Agency for International 
     Development.

     SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS.

       (a) Uniform Standards and Controls Required.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the officials specified in subsection (b) shall--
       (1) establish uniform data standards, internal control 
     requirements, independent verification and validation 
     requirements, and business process rules for processing 
     procurement requests, contracts, receipts, and invoices by 
     the Department of Defense or other executive agencies, as 
     applicable;
       (2) establish and maintain one or more approved electronic 
     contract writing systems that conform with the standards, 
     requirements, and rules established pursuant to paragraph 
     (1); and
       (3) require the use of electronic contract writing systems 
     approved in accordance with paragraph (2) for all contracts 
     entered into by the Department of Defense or other executive 
     agencies, as applicable.
       (b) Covered Officials.--The officials specified in this 
     subsection are the following:
       (1) The Secretary of Defense, with respect to the 
     Department of Defense and the military departments.
       (2) The Administrator for Federal Procurement Policy, with 
     respect to the executive agencies other than the Department 
     of Defense and the military departments.
       (c) Electronic Writing Systems for Department of State and 
     USAID.--Notwithstanding subsection (b)(2), the Secretary of 
     State and the Administrator of the United States Agency for 
     International Development may meet the requirements of 
     subsection (a)(2) with respect to approved electronic 
     contract writing systems for the Department of State and the 
     United States Agency for International Development, 
     respectively, if the Secretary and the Administrator, as the 
     case may be, demonstrate to the Administrator for Federal 
     Procurement Policy that prior investment of resources in 
     existing contract writing systems will result in the most 
     cost effective and efficient means to satisfy such 
     requirements.
       (d) Phase-in of Implementation of Requirement for Approved 
     Systems.--The officials specified in subsection (b) may phase 
     in the implementation of the requirement to use approved 
     electronic contract writing systems in accordance with 
     subsection (a)(3) over a period of up to five years beginning 
     with the date of the enactment of this Act.
       (e) Reports.--Not later than 180 days after the date of the 
     enactment of this Act, the officials specified in subsection 
     (b) shall each submit to the appropriate committees of 
     Congress a report on the implementation of the requirements 
     of this section. Each report shall, at a minimum--
       (1) describe the standards, requirements, and rules 
     established pursuant to subsection (a)(1);
       (2) identify the electronic contract writing systems 
     approved pursuant to subsection (a)(2) and, if multiple 
     systems are approved, explain why the use of such multiple 
     systems is the most efficient and effective approach to meet 
     the contract writing needs of the Federal Government; and
       (3) provide the schedule for phasing in the use of approved 
     electronic contract writing systems in accordance with 
     subsections (a)(3) and (d).
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Oversight and Government 
     Reform, and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code.

     SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY.

       Section 845(i) of the National Defense Authorization Act 
     for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by 
     striking ``September 30, 2013'' and inserting ``September 30, 
     2018''.

     SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF 
                   CONTRACTOR EMPLOYEES.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress a report on the 
     effect of reducing the allowable costs of contractor 
     compensation of employees to the amount payable to the 
     President under section 102 of title 3, United States Code, 
     or to the amount payable to the Vice President under section 
     104 of such title.
       (b) Matters Covered.--The report shall include, at a 
     minimum, the following:
       (1) An estimate of the total number of contractor employees 
     whose allowable costs of compensation in each of fiscal years 
     2010, 2011, and 2012 would have exceeded the amount of 
     allowable costs under section 2324(e)(1)(P) of title 10, 
     United States Code.
       (2) An estimate of the total number of contractor employees 
     whose allowable costs of compensation in each of fiscal years 
     2010, 2011, and 2012 exceeded the amount payable to the 
     President under section 102 of title 3, United States Code.
       (3) An estimate of the total number of contractor employees 
     whose allowable costs of compensation in fiscal year 2012 
     exceeded the amount payable to the Vice President under 
     section 104 of title 3, United States Code.
       (4) An estimate of the total number of contractor employees 
     in fiscal year 2012 that could have been characterized as 
     falling within a narrowly targeted exception established by 
     the Secretary of Defense under section 2324(e)(1)(P) of title 
     10, United States Code, as a result of the amendment made by 
     section 803(a)(2) of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1485).
       (5) A description of the duties and services performed in 
     fiscal year 2012 by employees who were characterized by their 
     employers as falling within a narrowly targeted exception 
     described in paragraph (4).
       (6) An assessment of whether the compensation amounts 
     provided in fiscal year 2012 to employees who were 
     characterized by their employers as falling within a narrowly 
     targeted exception described in paragraph (4) were provided 
     in a manner consistent with private sector practice.
       (7) An assessment of the extent to which contractor 
     employees received compensation in the form of vested or 
     unvested stock options.
       (8) An assessment of the potential impact on the Department 
     of Defense, contractors of the Department of Defense, and 
     employees of such contractors of adjusting the amount of 
     allowable costs of contractor compensation to the amount 
     specified in paragraph (2) or the amount specified in 
     paragraph (3).
       (9) Such recommendations as the Comptroller General 
     considers appropriate.

     SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.

       (a) In General.--Not later than 90 days after the end of 
     each of fiscal years 2013 through 2016, the Secretary of 
     Defense shall submit to the appropriate committees of 
     Congress a report on any actions described in subsection (b) 
     which occurred during the preceding fiscal years.
       (b) Actions Described.--
       (1) In general.--An action described in this subsection is 
     the Secretary of Defense--
       (A) entering into a contract that includes an 
     indemnification provision relating to bodily injury caused by 
     negligence or relating to wrongful death; or
       (B) modifying an existing contract to include a provision 
     described in subparagraph (A) in a contract.
       (2) Excluded contracts.--Paragraph (1) shall not apply to 
     any contract awarded in accordance with--
       (A) section 2354 of title 10, United States Code; or
       (B) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (c) Matters Included.--For each action covered in a report 
     under subsection (a), the report shall include--
       (1) the name of the contractor;
       (2) a description of the indemnification provision included 
     in the contract; and
       (3) a justification for the contract including the 
     indemnification provision.
       (d) Form.--Each report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on the 
     Budget, and the Committee on Appropriations of the Senate; 
     and
       (2) the Committee on Armed Services, the Committee on the 
     Budget, and the Committee on Appropriations of the House of 
     Representatives.

[[Page H6939]]

     SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR 
                   CONTRACTS UNDER AIR FORCE NETCENTS-2 CONTRACT.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan to 
     increase the number of contractors eligible to be awarded 
     contracts under the Air Force's Network-Centric Solutions-2 
     (NETCENTS-2) indefinite-delivery, indefinite-quantity (IDIQ) 
     contract.
       (b) Content.--The plan required under subsection (a) shall 
     include the following elements:
       (1) A recommendation and rationale for a maximum number of 
     contractors to be eligible for contract awards under 
     NETCENTS-2 to foster competition and reduce overall costs 
     associated with hardware and operation and maintenance of Air 
     Networks.
       (2) The methodology used to periodically review existing 
     eligible NETCENTS-2 contractors and contracts.
       (3) A timeline to increase the current number of eligible 
     contractors under NETCENTS-2 and dates of future ``on-ramps'' 
     under NETCENTS-2 to assess current eligible contractors and 
     add additional eligible contractors.

     SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR 
                   SUSTAINING BID PROTESTS IN ANNUAL PROTEST 
                   REPORT BY COMPTROLLER GENERAL TO CONGRESS.

       Section 3554(e)(2) of title 31, United States Code, is 
     amended by adding at the end the following: ``The report 
     shall also include a summary of the most prevalent grounds 
     for sustaining protests during such preceding year.''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Intelligence-Related Activities

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

                 Subtitle D--Cyberspace-Related Matters

Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the 
              Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by 
              the Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical 
              data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data 
              analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department 
              of Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks 
              and information systems of certain contractors.

                       Subtitle E--Other Matters

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

              Subtitle A--Department of Defense Management

     SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF 
                   DEFENSE FOR MANUFACTURING AND INDUSTRIAL BASE 
                   POLICY AND AMENDMENTS TO STRATEGIC MATERIALS 
                   PROTECTION BOARD.

       (a) Responsibilities of Deputy Assistant Secretary.--
     Section 139c(b) of title 10, United States Code, is amended--
       (1) by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) Providing input to strategy reviews, including 
     quadrennial defense reviews conducted pursuant to section 118 
     of this title, on matters related to--
       ``(A) the defense industrial base; and
       ``(B) materials critical to national security.
       ``(2) Establishing policies of the Department of Defense 
     for developing and maintaining the defense industrial base of 
     the United States and ensuring a secure supply of materials 
     critical to national security.
       ``(3) Providing recommendations on budget matters 
     pertaining to the industrial base, the supply chain, and the 
     development and retention of skills necessary to support the 
     industrial base.
       ``(4) Providing recommendations and acquisition policy 
     guidance on supply chain management and supply chain 
     vulnerability throughout the entire supply chain, from 
     suppliers of raw materials to producers of major end 
     items.'';
       (2) by striking paragraph (5) and redesignating paragraphs 
     (6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), 
     (8), and (9), respectively;
       (3) by inserting after paragraph (9), as so redesignated, 
     the following new paragraph (10):
       ``(10) Providing policy and oversight of matters related to 
     materials critical to national security to ensure a secure 
     supply of such materials to the Department of Defense.'';
       (4) by redesignating paragraph (15) as paragraph (18); and
       (5) by inserting after paragraph (14) the following new 
     paragraphs:
       ``(15) Coordinating with the Director of Small Business 
     Programs on all matters related to industrial base policy of 
     the Department of Defense.
       ``(16) Ensuring reliable sources of materials critical to 
     national security, such as specialty metals, armor plate, and 
     rare earth elements.
       ``(17) Establishing policies of the Department of Defense 
     for continued reliable resource availability from secure 
     sources for the industrial base of the United States.''.
       (b) Materials Critical to National Security Defined.--
     Section 139c of such title is further amended by adding at 
     the end the following new subsection:
       ``(d) Materials Critical to National Security Defined.--In 
     this section, the term `materials critical to national 
     security' has the meaning given that term in section 
     187(e)(1) of this title.''.
       (c) Amendments to Strategic Materials Protection Board.--
       (1) Membership.--Paragraph (2) of section 187(a) of such 
     title is amended to read as follows:
       ``(2) The Board shall be composed of the following:
       ``(A) The Deputy Assistant Secretary of Defense for 
     Manufacturing and Industrial Base Policy, who shall be the 
     chairman of the Board.
       ``(B) The Administrator of the Defense Logistics Agency 
     Strategic Materials, or any successor organization, who shall 
     be the vice chairman of the Board.
       ``(C) A designee of the Assistant Secretary of the Army for 
     Acquisition, Logistics, and Technology.
       ``(D) A designee of the Assistant Secretary of the Navy for 
     Research, Development, and Acquisition.
       ``(E) A designee of the Assistant Secretary of the Air 
     Force for Acquisition.''.
       (2) Duties.--Paragraphs (3) and (4) of section 187(b) of 
     such title are each amended by

[[Page H6940]]

     striking ``President'' and inserting ``Secretary''.
       (3) Meetings.--Section 187(c) of such title is amended by 
     striking ``Secretary of Defense'' and inserting ``Deputy 
     Assistant Secretary of Defense for Manufacturing and 
     Industrial Base Policy''.
       (4) Reports.--Section 187(d) of such title is amended to 
     read as follows:
       ``(d) Reports.--(1) Subject to paragraph (2), after each 
     meeting of the Board, the Board shall prepare a report 
     containing the results of the meeting and such 
     recommendations as the Board determines appropriate. Each 
     such report shall be submitted to the congressional defense 
     committees, together with comments and recommendations from 
     the Secretary of Defense, not later than 90 days after the 
     meeting covered by the report.
       ``(2) In any year in which the Board meets more than once, 
     each report prepared by the Board as required by paragraph 
     (1) may be combined into one annual report and submitted as 
     provided by paragraph (1) not later than 90 days after the 
     last meeting of the year.''.

     SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL NEEDS 
                   AND RAPID ACQUISITION.

       (a) Designation of Senior Official Responsible for Focus on 
     Urgent Operational Needs and Rapid Acquisition.--
       (1) In general.--The Secretary of Defense, after 
     consultation with the Secretaries of the military 
     departments, shall designate a senior official in the Office 
     of the Secretary of Defense as the principal official of the 
     Department of Defense responsible for leading the 
     Department's actions on urgent operational needs and rapid 
     acquisition, in accordance with this section.
       (2) Staff and resources.--The Secretary shall assign to the 
     senior official designated under paragraph (1) appropriate 
     staff and resources necessary to carry out the official's 
     functions under this section.
       (b) Responsibilities.--The senior official designated under 
     subsection (a) shall be responsible for the following:
       (1) Acting as an advocate within the Department of Defense 
     for issues related to the Department's ability to rapidly 
     respond to urgent operational needs, including programs 
     funded and carried out by the military departments.
       (2) Improving visibility of urgent operational needs 
     throughout the Department, including across the military 
     departments, the Defense Agencies, and all other entities and 
     processes in the Department that address urgent operational 
     needs.
       (3) Ensuring that tools and mechanisms are used to track, 
     monitor, and manage the status of urgent operational needs 
     within the Department, from validation through procurement 
     and fielding, including a formal feedback mechanism for the 
     Armed Forces to provide information on how well fielded 
     solutions are meeting urgent operational needs.
       (c) Urgent Operational Needs Defined.--In this section, the 
     term ``urgent operational needs'' means capabilities that are 
     determined by the Secretary of Defense, pursuant to the 
     review process required by section 804(b) of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 2302 note), to be suitable for rapid fielding in 
     response to urgent operational needs.

     SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR 
                   OFFICIAL FOR ENTERPRISE RESOURCE PLANNING 
                   SYSTEM DATA CONVERSION.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall--
       (1) designate a senior official of the Department of 
     Defense as the official with principal responsibility for 
     coordination and management oversight of data conversion for 
     all enterprise resource planning systems of the Department; 
     and
       (2) set forth the responsibilities of that senior official 
     with respect to such data conversion.

     SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR 
                   DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR 
                   DEVELOPMENTAL TEST AND EVALUATION.

       (a) Direct Communication.--Section 139b(a)(3) of title 10, 
     United States Code, is amended by striking ``to the Under 
     Secretary'' before the period and inserting ``to the Under 
     Secretary. The Deputy Assistant Secretary may communicate 
     views on matters within the responsibility of the Deputy 
     Assistant Secretary directly to the Under Secretary without 
     obtaining the approval or concurrence of any other official 
     within the Department of Defense''.
       (b) Duties.--Section 139b(a)(5) of such title is amended--
       (1) in subparagraph (A)(i), by striking ``in the Department 
     of Defense'' and inserting ``in the military departments and 
     other elements of the Department of Defense'';
       (2) in subparagraph (B), by striking ``review and approve'' 
     and inserting ``review and approve or disapprove'';
       (3) in subparagraph (C), by striking ``programs'' and 
     inserting ``programs (including the activities of chief 
     developmental testers and lead developmental test evaluation 
     organizations designated in accordance with subsection 
     (c))'';
       (4) in subparagraph (E), by striking ``and'' after the 
     semicolon at the end; and
       (5) by redesignating subparagraph (F) as subparagraph (G) 
     and by inserting after subparagraph (E) the following new 
     subparagraph (F):
       ``(F) in consultation with the Assistant Secretary of 
     Defense for Research and Engineering, assess the 
     technological maturity and integration risk of critical 
     technologies at key stages in the acquisition process; and''.
       (c) Concurrent Service.--Section 139b(a)(7) of such title 
     is amended by striking ``may'' and inserting ``shall''.
       (d) Resources.--Section 139b(a) of such title is amended by 
     adding at the end the following new paragraph:
       ``(8) Resources.--
       ``(A) The President shall include in the budget transmitted 
     to Congress, pursuant to section 1105 of title 31, for each 
     fiscal year, a separate statement of estimated expenditures 
     and proposed appropriations for the fiscal year for the 
     activities of the Deputy Assistant Secretary of Defense for 
     Developmental Test and Evaluation in carrying out the duties 
     and responsibilities of the Deputy Assistant Secretary under 
     this section.
       ``(B) The Deputy Assistant Secretary of Defense for 
     Developmental Test and Evaluation shall have sufficient 
     professional staff of military and civilian personnel to 
     enable the Deputy Assistant Secretary to carry out the duties 
     and responsibilities prescribed by law.''.
       (e) Consultations Relating to Technological Readiness.--
       (1) Consultation on report on critical technologies.--
     Section 138b(b)(2) of such title is amended by striking ``The 
     Assistant Secretary shall submit'' and inserting ``The 
     Assistant Secretary, in consultation with the Deputy 
     Assistant Secretary of Defense for Developmental Test and 
     Evaluation, shall submit''.
       (2) Consultation during certification process for major 
     defense acquisition programs.--Section 2366b(a)(3)(D) of such 
     title is amended by striking ``the Assistant Secretary of 
     Defense for Research and Engineering'' and inserting ``the 
     Assistant Secretary of Defense for Research and Engineering, 
     in consultation with the Deputy Assistant Secretary of 
     Defense for Developmental Test and Evaluation''.
       (f) Duties of Chief Developmental Tester and Lead 
     Developmental Test and Evaluation Organization.--Section 
     139b(c) of such title is amended--
       (1) in paragraph (2), by striking ``shall be responsible 
     for'' and inserting ``, consistent with policies and guidance 
     issued pursuant to subsection (a)(5)(A), shall be responsible 
     for'';
       (2) in paragraph (3), by striking ``shall be responsible 
     for'' and inserting ``, consistent with policies and guidance 
     issued pursuant to subsection (a)(5)(A), shall be responsible 
     for''; and
       (3) by adding at the end the following new paragraph:
       ``(4) Transmittal of records and data.--The chief 
     developmental tester and the lead developmental test and 
     evaluation organization for a major defense acquisition 
     program shall promptly transmit to the Deputy Assistant 
     Secretary of Defense for Developmental Test and Evaluation 
     any records or data relating to the program that are 
     requested by the Deputy Assistant Secretary, as provided in 
     subsection (a)(6).''.
       (g) Annual Report.--Section 139b(d) of such title is 
     amended--
       (1) in the subsection heading, by striking ``Joint'';
       (2) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively, and 
     moving each subparagraph (as so redesignated) two ems to the 
     right;
       (3) by striking ``Not later than March 31'' and inserting:
       ``(1) In general.--Not later than March 31'';
       (4) in the matter appearing before subparagraph (A), as so 
     redesignated, by striking ``jointly'' and inserting ``each''; 
     and
       (5) by adding at the end the following new paragraph:
       ``(2) Additional requirements for report by deputy 
     assistant secretary of defense for developmental test and 
     evaluation.--With respect to the report required under 
     paragraph (1) by the Deputy Assistant Secretary of Defense 
     for Developmental Test and Evaluation, the report shall 
     include--
       ``(A) a separate section that covers the activities of the 
     Department of Defense Test Resource Management Center 
     (established under section 196 of this title) during the 
     preceding year; and
       ``(B) a separate section that addresses the adequacy of the 
     resources available to the Deputy Assistant Secretary of 
     Defense for Developmental Test and Evaluation and to the lead 
     developmental test and evaluation organizations of the 
     military departments to carry out the responsibilities 
     prescribed by this section.''.
       (h) Reports to Congress on Failure To Comply With 
     Recommendations.--
       (1) Report required.--Not later than 60 days after the end 
     of each fiscal year, from fiscal year 2013 through fiscal 
     year 2018, the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall submit to the congressional 
     defense committees a report on each case in which a major 
     defense acquisition program, in the preceding fiscal year--
       (A) proceeded to implement a test and evaluation master 
     plan notwithstanding a decision of the Deputy Assistant 
     Secretary of Defense for Developmental Test and Evaluation to 
     disapprove the developmental test

[[Page H6941]]

     and evaluation plan within that plan in accordance with 
     section 139b(a)(5)(B) of title 10, United States Code; or
       (B) proceeded to initial operational testing and evaluation 
     notwithstanding a determination by the Deputy Assistant 
     Secretary of Defense for Developmental Test and Evaluation on 
     the basis of an assessment of operational test readiness that 
     the program is not ready for operational testing.
       (2) Matters covered.--
       (A) For each program covered by paragraph (1)(A), the 
     report shall include the following:
       (i) A description of the specific aspects of the 
     developmental test and evaluation plan that the Deputy 
     Assistant Secretary determined to be inadequate.
       (ii) An explanation of the reasons why the program 
     disregarded the Deputy Assistant Secretary's recommendations 
     with regard to those aspects of the developmental test and 
     evaluation plan.
       (iii) The steps taken to address those aspects of the 
     developmental test and evaluation plan and address the 
     concerns of the Deputy Assistant Secretary.
       (B) For each program covered by paragraph (1)(B), the 
     report shall include the following:
       (i) An explanation of the reasons why the program proceeded 
     to initial operational testing and evaluation notwithstanding 
     the findings of the assessment of operational test readiness.
       (ii) A description of the aspects of the approved testing 
     and evaluation master plan that had to be set aside to enable 
     the program to proceed to initial operational testing and 
     evaluation.
       (iii) A description of how the program addressed the 
     specific areas of concern raised in the assessment of 
     operational test readiness.
       (iv) A statement of whether initial operational testing and 
     evaluation identified any significant shortcomings in the 
     program.
       (3) Additional congressional notification.--Not later than 
     30 days after any decision to conduct developmental testing 
     on a major defense acquisition program without an approved 
     test and evaluation master plan in place, the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics shall 
     provide to the congressional defense committees a written 
     explanation of the basis for the decision and a timeline for 
     getting an approved plan in place.

     SEC. 905. DEFINITION AND REPORT ON TERMS ``PREPARATION OF THE 
                   ENVIRONMENT'' AND ``OPERATIONAL PREPARATION OF 
                   THE ENVIRONMENT'' FOR JOINT DOCTRINE PURPOSES.

       (a) Definitions Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall define for purposes of joint doctrine the following 
     terms:
       (1) The term ``preparation of the environment''.
       (2) The term ``operational preparation of the 
     environment''.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the terms defined under 
     subsection (a). The report shall include the following:
       (A) The definition of the term ``preparation of the 
     environment'' pursuant to subsection (a).
       (B) Examples of activities meeting the definition of the 
     term ``preparation of the environment'' by special operations 
     forces and general purpose forces.
       (C) The definition of the term ``operational preparation of 
     the environment'' pursuant to subsection (a).
       (D) Examples of activities meeting the definition of the 
     term ``operational preparation of the environment'' by 
     special operations forces and general purpose forces.
       (E) An assessment of the appropriate roles of special 
     operations forces and general purpose forces in conducting 
     activities meeting the definition of the term ``preparation 
     of the environment'' and the definition of the term 
     ``operational preparation of the environment''.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER OF 
                   THE DEPARTMENT OF DEFENSE FROM THE MILITARY 
                   DEPARTMENTS AND DEFENSE AGENCIES FOR DEFENSE 
                   BUSINESS SYSTEM INVESTMENT REVIEWS.

       Section 2222(g) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3)(A) The investment management process required by 
     paragraph (1) shall include requirements for the military 
     departments and the Defense Agencies to make available to the 
     Deputy Chief Management Officer such information on covered 
     defense business system programs and other business functions 
     as the Deputy Chief Management Officer shall require for the 
     review of defense business system programs under the process. 
     Such information shall be made available to the Deputy Chief 
     Management Officer through existing data sources or in a 
     standardized format established by the Deputy Chief 
     Management Officer for purposes of this paragraph.''.

                      Subtitle B--Space Activities

     SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND 
                   CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF 
                   MAJOR SATELLITE ACQUISITION PROGRAMS AND 
                   FUNDING FOR SUCH PROGRAMS.

       (a) In General.--Chapter 135 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2275. Reports on integration of acquisition and 
       capability delivery schedules for segments of major 
       satellite acquisition programs and funding for such 
       programs

       ``(a) Reports Required.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     congressional defense committees a report on each major 
     satellite acquisition program in accordance with subsection 
     (d) that assesses--
       ``(1) the integration of the schedules for the acquisition 
     and the delivery of the capabilities of the segments for the 
     program; and
       ``(2) funding for the program.
       ``(b) Elements.--Each report required by subsection (a) 
     with respect to a major satellite acquisition program shall 
     include the following:
       ``(1) The amount of funding approved for the program and 
     for each segment of the program that is necessary for full 
     operational capability of the program.
       ``(2) The dates by which the program and each segment of 
     the program is anticipated to reach initial and full 
     operational capability.
       ``(3) A description of the intended primary capabilities 
     and key performance parameters of the program.
       ``(4) An assessment of the extent to which the schedules 
     for the acquisition and the delivery of the capabilities of 
     the segments for the program or any related program referred 
     to in paragraph (1) are integrated.
       ``(5) If the Under Secretary determines pursuant to the 
     assessment under paragraph (4) that the program is a non-
     integrated program, an identification of--
       ``(A) the impact on the mission of the program of having 
     the delivery of the segment capabilities of the program more 
     than one year apart;
       ``(B) the measures the Under Secretary is taking or is 
     planning to take to improve the integration of the 
     acquisition and delivery schedules of the segment 
     capabilities; and
       ``(C) the risks and challenges that impede the ability of 
     the Department of Defense to fully integrate those schedules.
       ``(c) Consideration by Milestone Decision Authority.--The 
     Milestone Decision Authority shall include the report 
     required by subsection (a) with respect to a major satellite 
     acquisition program as part of the documentation used to 
     approve the acquisition of the program.
       ``(d) Submittal of Reports.--(1) In the case of a major 
     satellite acquisition program initiated before the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2013, the Under Secretary shall submit the report 
     required by subsection (a) with respect to the program not 
     later than one year after such date of enactment.
       ``(2) In the case of a major satellite acquisition program 
     initiated on or after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2013, the 
     Under Secretary shall submit the report required by 
     subsection (a) with respect to the program at the time of the 
     Milestone B approval of the program.
       ``(e) Notification to Congress of Non-integrated 
     Acquisition and Capability Delivery Schedules.--If, after 
     submitting the report required by subsection (a) with respect 
     to a major satellite acquisition program, the Under Secretary 
     determines that the program is a non-integrated program, the 
     Under Secretary shall, not later than 30 days after making 
     that determination, submit to the congressional defense 
     committees a report--
       ``(1) notifying the committees of that determination; and
       ``(2) identifying--
       ``(A) the impact on the mission of the program of having 
     the delivery of the segment capabilities of the program more 
     than one year apart;
       ``(B) the measures the Under Secretary is taking or is 
     planning to take to improve the integration of the 
     acquisition and delivery schedules of the segment 
     capabilities; and
       ``(C) the risks and challenges that impede the ability of 
     the Department of Defense to fully integrate those schedules.
       ``(f) Annual Updates for Non-integrated Programs.--
       ``(1) Requirement.--For each major satellite acquisition 
     program that the Under Secretary has determined under 
     subsection (b)(5) or subsection (e) is a non-integrated 
     program, the Under Secretary shall annually submit to 
     Congress, at the same time the budget of the President for a 
     fiscal year is submitted under section 1105 of title 31, an 
     update to the report required by subsection (a) for such 
     program.
       ``(2) Termination of requirement.--The requirement to 
     submit an annual report update for a program under paragraph 
     (1) shall terminate on the date on which the Under Secretary 
     submits to the congressional defense committees notice that 
     the Under Secretary has determined that such program is no 
     longer a non-integrated program, or on the date that is five 
     years after the date on which the initial report update 
     required under paragraph (1) is submitted, whichever is 
     earlier.

[[Page H6942]]

       ``(3) GAO review of certain non-integrated programs.--If at 
     the time of the termination of the requirement to annually 
     update a report for a program under paragraph (1) the Under 
     Secretary has not provided notice to the congressional 
     defense committees that the Under Secretary has determined 
     that the program is no longer a non-integrated program, the 
     Comptroller General shall conduct a review of such program 
     and submit the results of such review to the congressional 
     defense committees.
       ``(g) Definitions.--In this section:
       ``(1) Segments.--The term `segments', with respect to a 
     major satellite acquisition program, refers to any satellites 
     acquired under the program and the ground equipment and user 
     terminals necessary to fully exploit the capabilities 
     provided by those satellites.
       ``(2) Major satellite acquisition program.--The term `major 
     satellite acquisition program' means a major defense 
     acquisition program (as defined in section 2430 of this 
     title) for the acquisition of a satellite.
       ``(3) Milestone b approval.--The term `Milestone B 
     approval' has the meaning given that term in section 
     2366(e)(7) of this title.
       ``(4) Non-integrated program.--The term `non-integrated 
     program' means a program with respect to which the schedules 
     for the acquisition and the delivery of the capabilities of 
     the segments for the program, or a related program that is 
     necessary for the operational capability of the program, 
     provide for the acquisition or the delivery of the 
     capabilities of at least two of the three segments for the 
     program or related program more than one year apart.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 135 of such title is amended by adding 
     at the end the following new item:

``2275. Reports on integration of acquisition and capability delivery 
              schedules for segments of major satellite acquisition 
              programs and funding for such programs.''.

     SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION.

       (a) In General.--Chapter 135 of title 10, United States 
     Code, as amended by section 911 of this Act, is further 
     amended by adding at the end the following new section:

     ``Sec. 2276. Commercial space launch cooperation

       ``(a) Authority.--The Secretary of Defense may take such 
     actions as the Secretary considers to be in the best interest 
     of the Federal Government to--
       ``(1) maximize the use of the capacity of the space 
     transportation infrastructure of the Department of Defense by 
     the private sector in the United States;
       ``(2) maximize the effectiveness and efficiency of the 
     space transportation infrastructure of the Department of 
     Defense;
       ``(3) reduce the cost of services provided by the 
     Department of Defense related to space transportation 
     infrastructure at launch support facilities and space 
     recovery support facilities;
       ``(4) encourage commercial space activities by enabling 
     investment by covered entities in the space transportation 
     infrastructure of the Department of Defense; and
       ``(5) foster cooperation between the Department of Defense 
     and covered entities.
       ``(b) Authority for Contracts and Other Agreements Relating 
     to Space Transportation Infrastructure.--The Secretary of 
     Defense--
       ``(1) may enter into an agreement with a covered entity to 
     provide the covered entity with support and services related 
     to the space transportation infrastructure of the Department 
     of Defense; and
       ``(2) upon the request of such covered entity, may include 
     such support and services in the space launch and reentry 
     range support requirements of the Department of Defense if--
       ``(A) the Secretary determines that the inclusion of such 
     support and services in such requirements--
       ``(i) is in the best interest of the Federal Government;
       ``(ii) does not interfere with the requirements of the 
     Department of Defense; and
       ``(iii) does not compete with the commercial space 
     activities of other covered entities, unless that competition 
     is in the national security interests of the United States; 
     and
       ``(B) any commercial requirement included in the agreement 
     has full non-Federal funding before the execution of the 
     agreement.
       ``(c) Contributions.--
       ``(1) In general.--The Secretary of Defense may enter into 
     an agreement with a covered entity on a cooperative and 
     voluntary basis to accept contributions of funds, services, 
     and equipment to carry out this section.
       ``(2) Use of contributions.--Any funds, services, or 
     equipment accepted by the Secretary under this subsection--
       ``(A) may be used only for the objectives specified in this 
     section in accordance with terms of use set forth in the 
     agreement entered into under this subsection; and
       ``(B) shall be managed by the Secretary in accordance with 
     regulations of the Department of Defense.
       ``(3) Requirements with respect to agreements.--An 
     agreement entered into with a covered entity under this 
     subsection--
       ``(A) shall address the terms of use, ownership, and 
     disposition of the funds, services, or equipment contributed 
     pursuant to the agreement; and
       ``(B) shall include a provision that the covered entity 
     will not recover the costs of its contribution through any 
     other agreement with the United States.
       ``(d) Defense Cooperation Space Launch Account.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a special account to be known as the 
     `Defense Cooperation Space Launch Account'.
       ``(2) Crediting of funds.--Funds received by the Secretary 
     of Defense under subsection (c) shall be credited to the 
     Defense Cooperation Space Launch Account.
       ``(3) Use of funds.--Funds deposited in the Defense 
     Cooperation Space Launch Account under paragraph (2) are 
     authorized to be appropriated and shall be available for 
     obligation only to the extent provided in advance in an 
     appropriation Act for costs incurred by the Department of 
     Defense in carrying out subsection (b). Funds in the Account 
     shall remain available until expended.
       ``(e) Annual Report.--Not later than January 31 of each 
     year, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the funds, 
     services, and equipment accepted and used by the Secretary 
     under this section during the preceding fiscal year.
       ``(f) Regulations.--The Secretary of Defense shall 
     prescribe regulations to carry out this section.
       ``(g) Definitions.--In this section:
       ``(1) Covered entity.--The term `covered entity' means a 
     non-Federal entity that--
       ``(A) is organized under the laws of the United States or 
     of any jurisdiction within the United States; and
       ``(B) is engaged in commercial space activities.
       ``(2) Launch support facilities.--The term `launch support 
     facilities' has the meaning given the term in section 
     50501(7) of title 51.
       ``(3) Space recovery support facilities.--The term `space 
     recovery support facilities' has the meaning given the term 
     in section 50501(11) of title 51.
       ``(4) Space transportation infrastructure.--The term `space 
     transportation infrastructure' has the meaning given that 
     term in section 50501(12) of title 51.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as so amended, is further amended 
     by adding at the end the following new item:

``2276. Commercial space launch cooperation.''.

     SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING 
                   OUTER SPACE ACTIVITIES.

       (a) Certification Required.--If the United States becomes a 
     signatory to a non-legally binding international agreement 
     concerning an International Code of Conduct for Outer Space 
     Activities or any similar agreement, at the same time as the 
     United States becomes such a signatory--
       (1) the President shall submit to the congressional defense 
     committees, the Permanent Select Committee on Intelligence of 
     the House of Representatives, and the Select Committee on 
     Intelligence of the Senate a certification that such 
     agreement has no legally-binding effect or basis for limiting 
     the activities of the United States in outer space; and
       (2) the Secretary of Defense, the Chairman of the Joint 
     Chiefs of Staff, and the Director of National Intelligence 
     shall jointly submit to the congressional defense committees 
     a certification that such agreement will be equitable, 
     enhance national security, and have no militarily significant 
     impact on the ability of the United States to conduct 
     military or intelligence activities in space.
       (b) Briefings and Notifications Required.--
       (1) Restatement of policy formulation under the arms 
     control and disarmament act with respect to outer space.--No 
     action shall be taken that would obligate the United States 
     to reduce or limit the Armed Forces or armaments of the 
     United States in outer space in a militarily significant 
     manner, except pursuant to the treaty-making power of the 
     President set forth in Article II, Section 2, Clause II of 
     the Constitution or unless authorized by the enactment of 
     further affirmative legislation by the Congress of the United 
     States.
       (2) Briefings.--
       (A) Requirement.--The Secretary of Defense, the Secretary 
     of State, and the Director of National Intelligence shall 
     jointly provide to the covered congressional committees 
     regular, detailed updates on the negotiation of a non-legally 
     binding international agreement concerning an International 
     Code of Conduct for Outer Space Activities or any similar 
     agreement.
       (B) Termination of requirement.--The requirement to provide 
     regular briefings under subparagraph (A) shall terminate on 
     the date on which the United States becomes a signatory to an 
     agreement referred to in subparagraph (A), or on the date on 
     which the President certifies to Congress that the United 
     States is no longer negotiating an agreement referred to in 
     subparagraph (A), whichever is earlier.
       (3) Notifications.--If the United States becomes a 
     signatory to a non-legally binding international agreement 
     concerning an International Code of Conduct for Outer Space 
     Activities or any similar agreement, not less than 60 days 
     prior to any action that will obligate the United States to 
     reduce or limit the Armed Forces or armaments or activities 
     of the United States in outer space, the head of each 
     Department or agency of

[[Page H6943]]

     the Federal Government that is affected by such action shall 
     submit to Congress notice of such action and the effect of 
     such action on such Department or agency.
       (4) Definition.--In this subsection, the term ``covered 
     congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate.
       (c) Report on Foreign Counter-space Programs.--
       (1) Report required.--Chapter 135 of title 10, United 
     States Code, as amended by section 912 of this Act, is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 2277. Report on foreign counter-space programs

       ``(a) Report Required.--Not later than January 1 of each 
     year, the Secretary of Defense and the Director of National 
     Intelligence shall jointly submit to Congress a report on the 
     counter-space programs of foreign countries.
       ``(b) Contents.--Each report required under subsection (a) 
     shall include--
       ``(1) an explanation of whether any foreign country has a 
     counter-space program that could be a threat to the national 
     security or commercial space systems of the United States; 
     and
       ``(2) the name of each country with a counter-space program 
     described in paragraph (1).
       ``(c) Form.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), each report required under subsection (a) shall be 
     submitted in unclassified form.
       ``(2) Classified annex.--The Secretary of Defense and the 
     Director of National Intelligence may submit to the covered 
     congressional committees a classified annex to a report 
     required under subsection (a) containing any classified 
     information required to be submitted for such report.
       ``(3) Foreign country names.--
       ``(A) Unclassified form.--Subject to subparagraph (B), each 
     report required under subsection (a) shall include the 
     information required under subsection (b)(2) in unclassified 
     form.
       ``(B) National security waiver.--The Secretary of Defense 
     and the Director of National Intelligence may waive the 
     requirement under subparagraph (A) if the Secretary and the 
     Director of National Intelligence jointly determine it is in 
     the interests of national security to waive such requirement 
     and submits to Congress an explanation of why the Secretary 
     and the Director waived such requirement.
       ``(d) Covered Congressional Committees Defined.--In this 
     section, the term `covered congressional committees' means 
     the Committee on Armed Services and the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Committee on Armed Services and the Select Committee on 
     Intelligence of the Senate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 135 of title 10, United States Code, as 
     so amended, is further amended by adding at the end the 
     following new item:

``2277. Report on foreign counter-space programs.''.

     SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.

       (a) In General.--Subsection (a) of section 2273a of title 
     10, United States Code, is amended to read as follows:
       ``(a) In General.--There is within the Air Force Space and 
     Missile Systems Center of the Department of Defense a joint 
     program office known as the Operationally Responsive Space 
     Program Office (in this section referred to as the `Office'). 
     The facilities of the Office may not be co-located with the 
     headquarters facilities of the Air Force Space and Missile 
     Systems Center.''.
       (b) Head of Office.--Subsection (b) of such section is 
     amended by striking ``shall be--'' and all that follows and 
     inserting ``shall be the designee of the Department of 
     Defense Executive Agent for Space. The head of the Office 
     shall report to the Commander of the Air Force Space and 
     Missile Systems Center.''.
       (c) Mission.--Subsection (c)(1) of such section is amended 
     by striking ``spacelift'' and inserting ``launch''.
       (d) Senior Acquisition Executive.--Paragraph (1) of 
     subsection (e) of such section is amended to read as follows:
       ``(1) The Program Executive Officer for Space shall be the 
     Acquisition Executive of the Office and shall provide 
     streamlined acquisition authorities for projects of the 
     Office.''.
       (e) Executive Committee.--Such section is further amended 
     by adding at the end the following new subsection:
       ``(g) Executive Committee.--(1) The Secretary of Defense 
     shall establish for the Office an Executive Committee (to be 
     known as the `Operationally Responsive Space Executive 
     Committee') to provide coordination, oversight, and approval 
     of projects of the Office.
       ``(2) The Executive Committee shall consist of the 
     officials (and their duties) as follows:
       ``(A) The Department of Defense Executive Agent for Space, 
     who shall serve as Chair of the Executive Committee and 
     provide oversight, prioritization, coordination, and 
     resources for the Office.
       ``(B) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, who shall provide coordination and 
     oversight of the Office and recommend funding sources for 
     programs of the Office that exceed the approved program 
     baseline.
       ``(C) The Commander of the United States Strategic Command, 
     who shall validate requirements for systems to be acquired by 
     the Office and participate in approval of any acquisition 
     program initiated by the Office.
       ``(D) The Commander of the Air Force Space Command, the 
     Commander of the Army Space and Missile Defense Command, and 
     the Commander of the Space and Naval Warfare Systems Command, 
     who shall jointly organize, train, and equip forces to 
     support the acquisition programs of the Office.
       ``(E) Such other officials (and their duties) as the 
     Secretary of Defense considers appropriate.''.

     SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of National Intelligence, 
     shall submit to the congressional defense committees, the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, and the Select Committee on Intelligence of 
     the Senate a report on overhead persistent infrared 
     technology that includes--
       (1) an identification of the comprehensive overhead 
     persistent infrared technology requirements of the Department 
     of Defense and the intelligence community;
       (2) a description of the strategy, plan, and budget for the 
     space layer, with supporting ground architecture, including 
     key decision points for the current and next generation 
     overhead persistent infrared technology with respect to 
     missile warning, missile defense, battlespace awareness, and 
     technical intelligence;
       (3) an assessment of whether there are further 
     opportunities for the Department of Defense and the 
     intelligence community to capitalize on increased data 
     sharing, fusion, interoperability, and exploitation;
       (4) recommendations on how to better coordinate the efforts 
     by the Department and the intelligence community to exploit 
     overhead persistent infrared sensor data; and
       (5) any other relevant information that the Secretary 
     considers necessary.
       (b) Comptroller General Assessment.--Not later than 90 days 
     after the date on which the Secretary of Defense submits the 
     report required under subsection (a), the Comptroller General 
     of the United States shall submit to the congressional 
     defense committees an assessment of the report required under 
     subsection (a), including--
       (1) an assessment of whether such report is comprehensive, 
     fully supported, and sufficiently detailed; and
       (2) an identification of any shortcomings, limitations, or 
     other reportable matters that affect the quality or findings 
     of the report required under subsection (a).
       (c) Intelligence Community Defined.--In this section, the 
     term ``intelligence community'' has the meaning given that 
     term in section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE 
                   LAUNCH CAPABILITY OF THE UNITED STATES.

       (a) Assessment.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall conduct an 
     independent assessment of the national security implications 
     of continuing to use foreign component and propulsion systems 
     for the launch vehicles under the evolved expendable launch 
     vehicle program.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     congressional defense committees a report on the assessment 
     conducted under subsection (a).

     SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter for two years, 
     the Secretary of Defense shall submit to the congressional 
     defense committees, the Committee on Foreign Affairs of the 
     House of Representatives, and the Committee on Foreign 
     Relations of the Senate a report based on all available 
     information (including the Counter Space Technology List of 
     the Department of State) describing key space technologies 
     that could be used, or are being sought, by a foreign country 
     with a counter space or ballistic missile program, and should 
     be subject to export controls by the United States or an ally 
     of the United States, as appropriate.
       (b) Form.--Each report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

              Subtitle C--Intelligence-Related Activities

     SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE 
                   SUPPORT TO CERTAIN SECURITY ALLIANCES AND 
                   REGIONAL ORGANIZATIONS.

       (a) Authorization.--Section 443(a) of title 10, United 
     States Code, is amended by striking ``foreign countries'' and 
     inserting ``foreign countries, regional organizations with 
     defense or security components, and security alliances of 
     which the United States is a member''.
       (b) Clerical Amendments.--

[[Page H6944]]

       (1) Section heading.--The heading of section 443 of title 
     10, United States Code, is amended by striking ``foreign 
     countries'' and inserting ``foreign countries, regional 
     organizations, and security alliances''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 22 of title 10, United States Code, is 
     amended by striking the item relating to section 443 and 
     inserting the following new item:

``443. Imagery intelligence and geospatial information: support for 
              foreign countries, regional organizations, and security 
              alliances.''.
       (c) Reports.--
       (1) In general.--Not later than January 15 during each of 
     2014 and 2015, the Director of the National Geospatial-
     Intelligence Agency shall submit to the appropriate 
     congressional committees an annual report on the imagery 
     intelligence or geospatial information support that the 
     Director provided to a regional organization or security 
     alliance under section 443(a) of title 10, United States 
     Code, as amended by subsection (a), during the year covered 
     by the report, including an identification of each such 
     organization or alliance and the number of times such 
     organization or alliance received such intelligence or 
     support.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the congressional defense committees; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives and the Select Committee on 
     Intelligence of the Senate.

     SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME OF 
                   NATIONAL DEFENSE INTELLIGENCE COLLEGE TO 
                   NATIONAL INTELLIGENCE UNIVERSITY.

       (a) Conforming Amendments To Reflect Name Change.--Section 
     2161 of title 10, United States Code, is amended by striking 
     ``National Defense Intelligence College'' each place it 
     appears and inserting ``National Intelligence University''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 2161. Degree granting authority for National 
       Intelligence University''.

       (2) Table of sections.--The item related to such section in 
     the table of sections at the beginning of chapter 108 of such 
     title is amended to read as follows:

``2161. Degree granting authority for National Intelligence 
              University.''.

     SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM.

       (a) Review.--The Secretary of the Army shall direct the 
     Army Systems Acquisition Review Council to--
       (1) review the Distributed Common Ground System program of 
     the Army; and
       (2) report the results of such review to the congressional 
     defense committees not later than 180 days after the date of 
     the enactment of this Act.
       (b) Elements.--The review required under subsection (a) 
     shall include--
       (1) an assessment of the current acquisition strategy for 
     the Distributed Common Ground System program of the Army to 
     determine the relevance of such program to the current and 
     emerging needs of the Army, including evolving technology 
     needs and architectural strategies;
       (2) an assessment of the current technology performance to 
     meet existing program requirements, including 
     interoperability, net-readiness, and functional performance 
     for both cloud-enabled and disconnected operations;
       (3) an analysis of competitive procedures that allow new 
     and emerging capabilities, including integration of quick 
     reaction capabilities, to be rapidly integrated into the 
     architecture, including through the use of product fly-offs 
     using standardized, Government-provided common data sets that 
     allow for equitable comparisons of capabilities;
       (4) an analysis of the current technological path to ensure 
     such path incorporates current best practices from industry 
     and is in concert with the emerging needs and requirements of 
     the Joint Information Environment;
       (5) an assessment of such program to ensure appropriate 
     investments in human systems integration are being made to 
     ensure interface usability;
       (6) an assessment of such program to ensure enterprise 
     knowledge management and training requirements are 
     commensurate with the anticipated force structure of the Army 
     for the decade following the date of the enactment of this 
     Act; and
       (7) recommendations for any changes that may be needed as a 
     result of the review.

     SEC. 924. ELECTRO-OPTICAL IMAGERY.

       (a) Identification of Department of Defense Electro-optical 
     Satellite Imagery Requirements.--
       (1) Report.--Not later than April 1, 2013, the Chairman of 
     the Joint Requirements Oversight Council shall submit to the 
     Director of the Congressional Budget Office a report setting 
     forth a comprehensive description of Department of Defense 
     peacetime and wartime requirements for electro-optical 
     satellite imagery.
       (2) Scope of requirements.--The requirements under 
     paragraph (1) shall--
       (A) be expressed in such terms as are necessary, which may 
     include daily regional and global area coverage and number of 
     point targets, resolution, revisit rates, mean-time to 
     access, latency, redundancy, survivability, and diversity; 
     and
       (B) take into consideration all types of imagery and 
     collection means available.
       (b) Assessment of Identified Requirements.--
       (1) In general.--Not later than September 15, 2013, the 
     Director of the Congressional Budget Office shall submit to 
     the appropriate committees of Congress a report setting forth 
     an assessment by the Director of the report required by 
     subsection (a).
       (2) Elements.--The assessment required by paragraph (1) 
     shall include an assessment of the following:
       (A) The extent to which the requirements of the Department 
     for electro-optical imagery from space can be satisfied by 
     commercial companies using either--
       (i) current designs; or
       (ii) enhanced designs that could be developed at low risk.
       (B) The estimated cost and schedule of satisfying such 
     requirements using commercial companies.
       (3) Consultation and other resources.--In preparing the 
     assessment required by paragraph (1), the Director shall--
       (A) consult widely with officials of the Government, 
     private industry, and academia; and
       (B) make maximum use of existing studies and modeling and 
     simulations.
       (4) Access to information.--The Secretary of Defense shall 
     provide the appropriately cleared staff of the Director of 
     the Congressional Budget Office with such access to 
     information and programs applicable to the assessment 
     required by paragraph (1) as the Director of the 
     Congressional Budget Office shall require for the preparation 
     of the assessment.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Appropriations and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committees on Armed Services and Appropriations and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.

     SEC. 925. DEFENSE CLANDESTINE SERVICE.

       (a) Prohibition on Use of Funds for Additional Personnel.--
       (1) Prohibition.--Subject to paragraph (2), none of the 
     funds authorized to be appropriated by this Act may be 
     obligated or expended for--
       (A) civilian personnel in the Department of Defense 
     conducting or supporting human intelligence in excess of the 
     number of such civilian personnel as of April 20, 2012; or
       (B) positions in the Department of Defense served by 
     members of the Armed Forces conducting or supporting human 
     intelligence within the Department of Defense in excess of 
     the number of such positions as of April 20, 2012.
       (2) Reduction of civilian personnel.--
       (A) Reduction.--Subject to subparagraph (B), if on the date 
     of the enactment of this Act the number of civilian personnel 
     in the Department of Defense conducting or supporting human 
     intelligence exceeds the number of such personnel as of April 
     20, 2012, the Secretary of Defense shall, not later than 30 
     days after the date of the enactment of this Act, take 
     appropriate action to promptly reduce, consistent with 
     reduction-in-force procedures, the total number of such 
     civilian personnel to the number of such civilian personnel 
     as of April 20, 2012.
       (B) Exception.--For each civilian personnel in the 
     Department of Defense conducting or supporting human 
     intelligence in excess of the number of such civilian 
     personnel as of April 20, 2012, that the Secretary considers 
     necessary to maintain after the date of the enactment of this 
     Act during all or part of fiscal year 2013, the Secretary 
     shall submit to the appropriate committees of Congress a 
     comprehensive justification for maintaining such civilian 
     personnel, including the specific role, mission, and 
     responsibilities of such civilian personnel and whether such 
     civilian personnel was employed in another capacity in the 
     Department of Defense immediately prior to beginning the 
     conduct or support of human intelligence.
       (C) Limitation.--Notwithstanding any other provision of 
     this subsection, following the action taken by the Secretary 
     under subparagraph (A), the number of civilian personnel in 
     the Department of Defense conducting or supporting human 
     intelligence for fiscal year 2013 shall not exceed the total 
     of--
       (i) the number of such civilian personnel as of April 20, 
     2012; and
       (ii) the number of such civilian personnel for which the 
     Secretary has submitted a justification under subparagraph 
     (B).
       (b) CAPE Report on Costs.--Not later than 120 days after 
     the date of the enactment of this Act, the Director of Cost 
     Assessment and Program Evaluation of the Department of 
     Defense, in consultation with the Director of National 
     Intelligence, shall submit to the appropriate committees of 
     Congress an independent, comprehensive estimate of the costs 
     of the Defense Clandestine Service, including an estimate of 
     the costs over the period of the current future-years defense 
     program and such years occurring after such period as the 
     Director is able to reasonably estimate.
       (c) USDI Report on DCS.--

[[Page H6945]]

       (1) Report required.--Not later than February 1, 2013, the 
     Under Secretary of Defense for Intelligence shall submit to 
     the appropriate committees of Congress a report on the 
     Defense Clandestine Service.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A detailed description of the location and schedule for 
     current and anticipated deployments of case officers trained 
     under the Field Tradecraft Course and a certification of 
     whether each activity receiving a deployment can accommodate 
     and support the deployment.
       (B) A statement of the objectives for the effective 
     management of case officers trained under the Field 
     Tradecraft Course. Such objectives shall include an outline 
     of career management tracks commencing with accession, 
     initial training requirement, number of Defense Clandestine 
     Service tours requiring Field Tradecraft Course training, and 
     objectives for management of career tracks, including 
     promotion criteria.
       (C) A statement of the manner in which each military 
     department and the Defense Intelligence Agency will each 
     achieve the objectives applicable under subparagraph (B).
       (D) A copy of any memoranda of understanding or memoranda 
     of agreement between the Department of Defense and other 
     departments and agencies of the United States Government, or 
     between components of the Department of Defense, that are 
     required to implement objectives for the Defense Clandestine 
     Service.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Future-years defense program.--The term ``future-years 
     defense program'' means the future-years defense program 
     under section 221 of title 10, United States Code.

                 Subtitle D--Cyberspace-Related Matters

     SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFORMATION 
                   ENVIRONMENT.

       (a) Implementation Strategy.--Not later than March 31, 
     2013, the Secretary of Defense shall submit to the 
     congressional defense committees a strategy for implementing 
     the Joint Information Environment. Such strategy shall 
     include--
       (1) a description for the vision for the Joint Information 
     Environment, including a roadmap for achieving such vision 
     from the existing baseline architecture;
       (2) an assessment of the key milestones, metrics, and 
     resources needed to achieve such vision, including the 
     anticipated implementation cost and lifecycle cost savings of 
     the Joint Information Environment;
       (3) a description of the acquisition strategy and 
     management plan for implementing the Joint Information 
     Environment;
       (4) an analysis of the key technical and policy challenges 
     that must be addressed to achieve such vision, including 
     assignment of responsibility for addressing such challenges;
       (5) an identification of dependencies with existing 
     initiatives or programs and capability gaps not currently 
     addressed by funded initiatives or programs; and
       (6) an assessment of the personnel challenges associated 
     with manning, training, operating, defending, and fighting in 
     the Joint Information Environment as a command and control 
     and weapon system.
       (b) Personnel Plan.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     shall submit to the congressional defense committees a 
     Department-wide personnel plan for making the Joint 
     Information Environment operational. Such personnel plan 
     shall be based on the strategy required under subsection (a) 
     and shall include a validated Joint Staff requirement for 
     manpower levels and the levels required for each of the 
     military departments and combat support agencies needed for 
     full spectrum cyber operations, including the national cyber 
     defense mission and the operational plans of the combatant 
     commands, for each fiscal year across the current future-
     years defense program.

     SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM 
                   FOR THE DEPARTMENT OF DEFENSE.

       (a) Strategy for Acquisition of System Required.--The Chief 
     Information Officer of the Department of Defense shall, in 
     consultation with the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics and the Commander of 
     the United States Cyber Command, develop a strategy to 
     acquire next-generation host-based cyber security tools and 
     capabilities (in this section referred to as a ``next-
     generation system'') for the Department of Defense.
       (b) Elements of System.--It is the sense of Congress that 
     any next-generation system acquired under the strategy 
     required by subsection (a) should meet the following 
     requirements:
       (1) To overcome problems and limitations in current 
     capabilities, the system should not rely on techniques that--
       (A) cannot address new or rapidly morphing threats;
       (B) consume substantial amounts of communications capacity 
     to remain current with known threats and to report current 
     status; or
       (C) consume substantial amounts of resources to store 
     rapidly growing threat libraries.
       (2) The system should provide an open architecture-based 
     framework for so-called ``plug-and-play'' integration of a 
     variety of types of deployable tools, including appropriate 
     commercially available applications, in addition to cyber 
     intrusion detection tools, including tools for--
       (A) insider threat detection;
       (B) continuous monitoring and configuration management;
       (C) remediation following infections; and
       (D) protection techniques that do not rely on detection of 
     the attack.
       (3) The system should be designed for ease of deployment to 
     potentially millions of host devices of tailored security 
     solutions depending on need and risk, and to be compatible 
     with cloud-based, thin-client, and virtualized environments 
     as well as battlefield devices and weapons systems.
       (c) Submittal to Congress.--The Chief Information Officer 
     shall submit to Congress a report setting forth the strategy 
     required by subsection (a) together with the budget 
     justification materials of the Department of Defense 
     submitted to Congress with the budget of the President for 
     fiscal year 2015 pursuant to section 1105(a) of title 31, 
     United States Code.

     SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER SOFTWARE 
                   PROCURED BY THE DEPARTMENT OF DEFENSE.

       (a) Baseline Software Assurance Policy.--The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, in coordination with the Chief Information Officer 
     of the Department of Defense, shall develop and implement a 
     baseline software assurance policy for the entire lifecycle 
     of covered systems. Such policy shall be included as part of 
     the strategy for trusted defense systems of the Department of 
     Defense.
       (b) Policy Elements.--The baseline software assurance 
     policy under subsection (a) shall--
       (1) require use of appropriate automated vulnerability 
     analysis tools in computer software code during the entire 
     lifecycle of a covered system, including during development, 
     operational testing, operations and sustainment phases, and 
     retirement;
       (2) require covered systems to identify and prioritize 
     security vulnerabilities and, based on risk, determine 
     appropriate remediation strategies for such security 
     vulnerabilities;
       (3) ensure such remediation strategies are translated into 
     contract requirements and evaluated during source selection;
       (4) promote best practices and standards to achieve 
     software security, assurance, and quality; and
       (5) support competition and allow flexibility and 
     compatibility with current or emerging software 
     methodologies.
       (c) Verification of Effective Implementation.--The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, in coordination with the Chief Information Officer 
     of the Department of Defense, shall--
       (1) collect data on implementation of the policy developed 
     under subsection (a) and measure the effectiveness of such 
     policy, including the particular elements required under 
     subsection (b); and
       (2) identify and promote best practices, tools, and 
     standards for developing and validating assured software for 
     the Department of Defense.
       (d) Briefing on Additional Means of Improving Software 
     Assurance.--Not later than one year after the date of the 
     enactment of this Act, the Under Secretary for Acquisition, 
     Technology, and Logistics shall, in coordination with the 
     Chief Information Officer of the Department of Defense, 
     provide to the congressional defense committees a briefing on 
     the following:
       (1) A research and development strategy to advance 
     capabilities in software assurance and vulnerability 
     detection.
       (2) The state-of-the-art of software assurance analysis and 
     test.
       (3) How the Department might hold contractors liable for 
     software defects or vulnerabilities.
       (e) Definitions.--In this section:
       (1) Covered system.--The term ``covered system'' means any 
     Department of Defense critical information, business, or 
     weapons system that is--
       (A) a major system, as that term is defined in section 
     2302(5) of title 10, United States Code;
       (B) a national security system, as that term is defined in 
     section 3542(b)(2) of title 44, United States Code; or
       (C) a Department of Defense information system categorized 
     as Mission Assurance Category I in Department of Defense 
     Directive 8500.01E that is funded by the Department of 
     Defense.
       (2) Software assurance.--The term ``software assurance'' 
     means the level of confidence that software functions as 
     intended and is free of vulnerabilities, either intentionally 
     or unintentionally designed or inserted as part of the 
     software, throughout the life cycle.

     SEC. 934. COMPETITION IN CONNECTION WITH DEPARTMENT OF 
                   DEFENSE TACTICAL DATA LINK SYSTEMS.

       (a) Competition in Connection With Tactical Data Link 
     Systems.--Not later than December 1, 2013, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics shall--

[[Page H6946]]

       (1) develop an inventory of all tactical data link systems 
     in use and in development in the Department of Defense, 
     including interfaces and waveforms;
       (2) conduct an analysis of each data link system contained 
     in the inventory under paragraph (1) to determine whether--
       (A) the upgrade, new deployment, or replacement of such 
     system should be open to competition; or
       (B) the data link should be converted to an open 
     architecture, or a different data link standard should be 
     adopted to enable such competition;
       (3) for each data link system for which competition is 
     determined advisable under subparagraph (A) or (B) of 
     paragraph (2), develop a plan to achieve such competition, 
     including a plan to address any policy, legal, programmatic, 
     or technical barriers to such competition; and
       (4) for each data link system for which competition is 
     determined not advisable under paragraph (2), prepare an 
     explanation for such determination.
       (b) Earlier Actions.--If the Under Secretary completes any 
     portion of the plan described in subsection (a)(3) before 
     December 1, 2013, the Secretary may commence action on such 
     portion of the plan upon completion of such portion, 
     including publication of such portion of the plan.
       (c) Report.--At the same time the budget of the President 
     for fiscal year 2015 is submitted to Congress pursuant to 
     section 1105(a) of title 31, United States Code, the Under 
     Secretary shall submit to the congressional defense 
     committees a report on the plans described in paragraph (3) 
     of subsection (a), including any explanation prepared under 
     paragraph (4) of such subsection.

     SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW DATA.

       (a) Development of Technologies.--The Chief Information 
     Officer of the Department of Defense may, in coordination 
     with the Under Secretary of Defense for Policy and the Under 
     Secretary of Defense for Intelligence and acting through the 
     Director of the Defense Information Systems Agency, use the 
     available funding and research activities and capabilities of 
     the Community Data Center of the Defense Information Systems 
     Agency to develop and demonstrate collection, processing, and 
     storage technologies for network flow data that--
       (1) are potentially scalable to the volume used by Tier 1 
     Internet Service Providers to collect and analyze the flow 
     data across their networks;
       (2) will substantially reduce the cost and complexity of 
     capturing and analyzing high volumes of flow data; and
       (3) support the capability--
       (A) to detect and identify cyber security threats, networks 
     of compromised computers, and command and control sites used 
     for managing illicit cyber operations and receiving 
     information from compromised computers;
       (B) to track illicit cyber operations for attribution of 
     the source; and
       (C) to provide early warning and attack assessment of 
     offensive cyber operations.
       (b) Coordination.--Any research and development required in 
     the development of the technologies described in subsection 
     (a) shall be conducted in cooperation with the heads of other 
     appropriate departments and agencies of the Federal 
     Government and, whenever feasible, Tier 1 Internet Service 
     Providers and other managed security service providers.

     SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE DATABASE AND 
                   DATA ANALYSIS TOOLS.

       (a) Analysis.--
       (1) Requirement.--The Secretary of Defense, acting through 
     the Chief Information Officer of the Department of Defense, 
     shall conduct an analysis of large-scale software database 
     tools and large-scale software data analysis tools that could 
     be used to meet current and future Department of Defense 
     needs for large-scale data analytics.
       (2) Elements.--The analysis required under paragraph (1) 
     shall include--
       (A) an analysis of the technical requirements and needs for 
     large-scale software database and data analysis tools, 
     including prioritization of key technical features needed by 
     the Department of Defense; and
       (B) an assessment of the available sources from Government 
     and commercial sources to meet such needs, including an 
     assessment by the Deputy Assistant Secretary of Defense for 
     Manufacturing and Industrial Base Policy to ensure 
     sufficiency and diversity of potential commercial sources.
       (3) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall submit to the congressional defense committees the 
     results of the analysis required under paragraph (1).
       (b) Competition Required.--
       (1) In general.--If, following the analysis required under 
     subsection (a), the Chief Information Officer of the 
     Department of Defense identifies needs for software systems 
     or large-scale software database or data analysis tools, the 
     Department shall acquire such systems or such tools based on 
     market research and using competitive procedures in 
     accordance with applicable law and the Defense Federal 
     Acquisition Regulation Supplement.
       (2) Notification.--If the Chief Information Officer elects 
     to acquire large-scale software database or data analysis 
     tools using procedures other than competitive procedures, the 
     Chief Information Officer and the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall submit a 
     written notification to the congressional defense committees 
     on a quarterly basis until September 30, 2018, that describes 
     the acquisition involved, the date the decision was made, and 
     the rationale for not using competitive procedures.

     SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE.

       (a) Plan for Inventory of Licenses.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer of 
     the Department of the Defense shall, in consultation with the 
     chief information officers of the military departments and 
     the Defense Agencies, issue a plan for the inventory of 
     selected software licenses of the Department of Defense, 
     including a comparison of licenses purchased with licenses 
     installed.
       (2) Selected software licenses.--The Chief Information 
     Officer shall determine the software licenses to be treated 
     as selected software licenses of the Department for purposes 
     of this section. The licenses shall be determined so as to 
     maximize the return on investment in the inventory conducted 
     pursuant to the plan required by paragraph (1).
       (3) Plan elements.--The plan under paragraph (1) shall 
     include the following:
       (A) An identification and explanation of the software 
     licenses determined by the Chief Information Officer under 
     paragraph (2) to be selected software licenses for purposes 
     of this section, and a summary outline of the software 
     licenses determined not to be selected software licenses for 
     such purposes.
       (B) Means to assess the needs of the Department and the 
     components of the Department for selected software licenses 
     during the two fiscal years following the date of the 
     issuance of the plan.
       (C) Means by which the Department can achieve the greatest 
     possible economies of scale and cost savings in the 
     procurement, use, and optimization of selected software 
     licenses.
       (b) Performance Plan.--If the Chief Information Officer 
     determines through the inventory conducted pursuant to the 
     plan required by subsection (a) that the number of selected 
     software licenses of the Department and the components of the 
     Department exceeds the needs of the Department for such 
     software licenses, the Secretary of Defense shall implement a 
     plan to bring the number of such software licenses into 
     balance with the needs of the Department.

     SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO 
                   DEPARTMENT OF DEFENSE NETWORKS.

       It is the sense of Congress that the Department of 
     Defense--
       (1) must ensure it maintains full visibility and adequate 
     control of its supply chain, including subcontractors, in 
     order to mitigate supply chain exploitation; and
       (2) needs the authority and capability to mitigate supply 
     chain risks to its information technology systems that fall 
     outside the scope of National Security Systems.

     SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS.

       (a) Briefings.--Chapter 23 of title 10, United States Code, 
     is amended by inserting after section 483 the following new 
     section:

     ``Sec. 484. Quarterly cyber operations briefings

       ``The Secretary of Defense shall provide to the Committees 
     on Armed Services of the House of Representatives and the 
     Senate quarterly briefings on all offensive and significant 
     defensive military operations in cyberspace carried out by 
     the Department of Defense during the immediately preceding 
     quarter.''.
       (b) Initial Briefing.--The first briefing required under 
     section 484 of title 10, United States Code, as added by 
     subsection (a), shall be provided not later than March 1, 
     2013.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 10, United States Code, is 
     amended by inserting after the item relating to section 483 
     the following new item:

``484. Quarterly cyber operations briefings.''.

     SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER 
                   COMMAND.

       It is the sense of Congress that--
       (1) there is a serious cyber threat to the national 
     security of the United States and the need to work both 
     offensively and defensively to protect the networks and 
     critical infrastructure of the United States;
       (2) it is important to have a unified command structure in 
     the Department of Defense to direct military operations in 
     cyberspace;
       (3) a change in the status of the United States Cyber 
     Command has implications for the entire Department and the 
     national security of the United States, which require careful 
     consideration;
       (4) Congress expects to be briefed and consulted about any 
     proposal to elevate the United States Cyber Command to a 
     unified command at the time when the Secretary of Defense 
     makes such a proposal and to receive--
       (A) a clear statement of mission of the United States Cyber 
     Command and related legal definitions;
       (B) an outline of the specific national security benefits 
     of elevating the sub-unified United States Cyber Command to a 
     unified command;
       (C) an estimate of the cost of creating a unified United 
     States Cyber Command and a justification of the expenditure; 
     and

[[Page H6947]]

       (D) if the Secretary considers it advisable to continue the 
     designation of the Commander of the United States Cyber 
     Command as also being the Director of the National Security 
     Agency--
       (i) an explanation of how a single individual could serve 
     as a commander of a combatant command that conducts overt, 
     though clandestine, cyber operations under title 10, United 
     States Code, and serve as the head of an element of the 
     intelligence community that conducts covert cyber operations 
     under the National Security Act of 1947 (50 U.S.C. 401 et 
     seq.) in a manner that affords deniability to the United 
     States; and
       (ii) a statement of whether the Secretary believes it is 
     appropriate either to appoint a line officer as the Director 
     of the National Security Agency or to take the unprecedented 
     step of appointing an intelligence officer as a unified 
     commander; and
       (5) appropriate policy foundations and standing rules of 
     engagement must be in place before any decision to create a 
     unified United States Cyber Command.

     SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS OF 
                   NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 
                   CONTRACTORS.

       (a) Procedures for Reporting Penetrations.--The Secretary 
     of Defense shall establish procedures that require each 
     cleared defense contractor to report to a component of the 
     Department of Defense designated by the Secretary for 
     purposes of such procedures when a network or information 
     system of such contractor that meets the criteria established 
     pursuant to subsection (b) is successfully penetrated.
       (b) Networks and Information Systems Subject to 
     Reporting.--
       (1) Criteria.--The Secretary of Defense shall designate a 
     senior official to, in consultation with the officials 
     specified in paragraph (2), establish criteria for covered 
     networks to be subject to the procedures for reporting system 
     penetrations under subsection (a).
       (2) Officials.--The officials specified in this subsection 
     are the following:
       (A) The Under Secretary of Defense for Policy.
       (B) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (C) The Under Secretary of Defense for Intelligence.
       (D) The Chief Information Officer of the Department of 
     Defense.
       (E) The Commander of the United States Cyber Command.
       (c) Procedure Requirements.--
       (1) Rapid reporting.--The procedures established pursuant 
     to subsection (a) shall require each cleared defense 
     contractor to rapidly report to a component of the Department 
     of Defense designated pursuant to subsection (a) of each 
     successful penetration of the network or information systems 
     of such contractor that meet the criteria established 
     pursuant to subsection (b). Each such report shall include 
     the following:
       (A) A description of the technique or method used in such 
     penetration.
       (B) A sample of the malicious software, if discovered and 
     isolated by the contractor, involved in such penetration.
       (C) A summary of information created by or for the 
     Department in connection with any Department program that has 
     been potentially compromised due to such penetration.
       (2) Access to equipment and information by department of 
     defense personnel.--The procedures established pursuant to 
     subsection (a) shall--
       (A) include mechanisms for Department of Defense personnel 
     to, upon request, obtain access to equipment or information 
     of a cleared defense contractor necessary to conduct forensic 
     analysis in addition to any analysis conducted by such 
     contractor;
       (B) provide that a cleared defense contractor is only 
     required to provide access to equipment or information as 
     described in subparagraph (A) to determine whether 
     information created by or for the Department in connection 
     with any Department program was successfully exfiltrated from 
     a network or information system of such contractor and, if 
     so, what information was exfiltrated; and
       (C) provide for the reasonable protection of trade secrets, 
     commercial or financial information, and information that can 
     be used to identify a specific person.
       (3) Limitation on dissemination of certain information.--
     The procedures established pursuant to subsection (a) shall 
     prohibit the dissemination outside the Department of Defense 
     of information obtained or derived through such procedures 
     that is not created by or for the Department except with the 
     approval of the contractor providing such information.
       (d) Issuance of Procedures and Establishment of Criteria.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense shall establish the procedures 
     required under subsection (a); and
       (B) the senior official designated under subsection (b)(1) 
     shall establish the criteria required under such subsection.
       (2) Applicability date.--The requirements of this section 
     shall apply on the date on which the Secretary of Defense 
     establishes the procedures required under this section.
       (e) Definitions.--In this section:
       (1) Cleared defense contractor.--The term ``cleared defense 
     contractor'' means a private entity granted clearance by the 
     Department of Defense to access, receive, or store classified 
     information for the purpose of bidding for a contract or 
     conducting activities in support of any program of the 
     Department of Defense.
       (2) Covered network.--The term ``covered network'' means a 
     network or information system of a cleared defense contractor 
     that contains or processes information created by or for the 
     Department of Defense with respect to which such contractor 
     is required to apply enhanced protection.

                       Subtitle E--Other Matters

     SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF 
                   JOINT CHIEFS OF STAFF AND JOINT REQUIREMENTS 
                   OVERSIGHT COUNCIL.

       (a) Amendments Related to Chairman of Joint Chiefs of 
     Staff.--Section 153(a)(4) of title 10, United States Code, is 
     amended by striking subparagraph (F) and inserting the 
     following new subparagraphs:
       ``(F) Identifying, assessing, and approving military 
     requirements (including existing systems and equipment) to 
     meet the National Military Strategy.
       ``(G) Recommending to the Secretary appropriate trade-offs 
     among life-cycle cost, schedule, and performance objectives, 
     and procurement quantity objectives, to ensure that such 
     trade-offs are made in the acquisition of materiel and 
     equipment to support the strategic and contingency plans 
     required by this subsection in the most effective and 
     efficient manner.''.
       (b) Amendments Related to JROC.--Section 181(b) of such 
     title is amended--
       (1) in paragraph (1)(C), by striking ``in ensuring'' and 
     all that follows through ``requirements'' and inserting the 
     following: ``in ensuring that appropriate trade-offs are made 
     among life-cycle cost, schedule, and performance objectives, 
     and procurement quantity objectives, in the establishment and 
     approval of military requirements''; and
       (2) in paragraph (3), by striking ``such resource level'' 
     and inserting ``the total cost of such resources''.
       (c) Amendments Related to Chiefs of Armed Forces.--Section 
     2547(a) of such title is amended--
       (1) in paragraph (1), by striking ``of requirements 
     relating to the defense acquisition system'' and inserting 
     ``of requirements for equipping the armed force concerned'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) The recommendation of trade-offs among life-cycle 
     cost, schedule, and performance objectives, and procurement 
     quantity objectives, to ensure acquisition programs deliver 
     best value in meeting the approved military requirements.
       ``(4) Termination of development or procurement programs 
     for which life-cycle cost, schedule, and performance 
     expectations are no longer consistent with approved military 
     requirements and levels of priority, or which no longer have 
     approved military requirements.''.

     SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN OF 
                   THE JOINT CHIEFS OF STAFF REGARDING THE 
                   NATIONAL MILITARY STRATEGY.

       (a) In General.--Subsection (b) of section 153 of title 10, 
     United States Code, is amended to read as follows:
       ``(b) National Military Strategy.--
       ``(1) National military strategy.--(A) The Chairman shall 
     determine each even-numbered year whether to prepare a new 
     National Military Strategy in accordance with this 
     subparagraph or to update a strategy previously prepared in 
     accordance with this subsection. The Chairman shall complete 
     preparation of the National Military Strategy or update in 
     time for transmittal to Congress pursuant to paragraph (3), 
     including in time for inclusion of the report of the 
     Secretary of Defense, if any, under paragraph (4).
       ``(B) Each National Military Strategy (or update) under 
     this paragraph shall be based on a comprehensive review 
     conducted by the Chairman in conjunction with the other 
     members of the Joint Chiefs of Staff and the commanders of 
     the unified and specified combatant commands.
       ``(C) Each National Military Strategy (or update) submitted 
     under this paragraph shall describe how the military will 
     achieve the objectives of the United States as articulated 
     in--
       ``(i) the most recent National Security Strategy prescribed 
     by the President pursuant to section 108 of the National 
     Security Act of 1947 (50 U.S.C. 404a);
       ``(ii) the most recent annual report of the Secretary of 
     Defense submitted to the President and Congress pursuant to 
     section 113 of this title;
       ``(iii) the most recent Quadrennial Defense Review 
     conducted by the Secretary of Defense pursuant to section 118 
     of this title; and
       ``(iv) any other national security or defense strategic 
     guidance issued by the President or the Secretary of Defense.
       ``(D) Each National Military Strategy (or update) submitted 
     under this paragraph shall identify--
       ``(i) the United States military objectives and the 
     relationship of those objectives to the strategic environment 
     and to the threats required to be described under 
     subparagraph (E);
       ``(ii) the operational concepts, missions, tasks, or 
     activities necessary to support the

[[Page H6948]]

     achievement of the objectives identified under clause (i);
       ``(iii) the fiscal, budgetary, and resource environments 
     and conditions that, in the assessment of the Chairman, 
     affect the strategy; and
       ``(iv) the assumptions made with respect to each of clauses 
     (i) through (iii).
       ``(E) Each National Military Strategy (or update) submitted 
     under this paragraph shall also include a description of--
       ``(i) the strategic environment and the opportunities and 
     challenges that affect United States national interests and 
     United States national security;
       ``(ii) the threats, such as international, regional, 
     transnational, hybrid, terrorism, cyber attack, weapons of 
     mass destruction, asymmetric challenges, and any other 
     categories of threats identified by the Chairman, to the 
     United States national security;
       ``(iii) the implications of current force planning and 
     sizing constructs for the strategy;
       ``(iv) the capacity, capabilities, and availability of 
     United States forces (including both the active and reserve 
     components) to support the execution of missions required by 
     the strategy;
       ``(v) areas in which the armed forces intends to engage and 
     synchronize with other departments and agencies of the United 
     States Government contributing to the execution of missions 
     required by the strategy;
       ``(vi) areas in which the armed forces could be augmented 
     by contributions from alliances (such as the North Atlantic 
     Treaty Organization), international allies, or other friendly 
     nations in the execution of missions required by the 
     strategy;
       ``(vii) the requirements for operational contractor support 
     to the armed forces for conducting security force assistance 
     training, peacekeeping, overseas contingency operations, and 
     other major combat operations under the strategy; and
       ``(viii) the assumptions made with respect to each of 
     clauses (i) through (vii).
       ``(F) Each update to a National Military Strategy under 
     this paragraph shall address only those parts of the most 
     recent National Military Strategy for which the Chairman 
     determines, on the basis of a comprehensive review conducted 
     in conjunction with the other members of the Joint Chiefs of 
     Staff and the commanders of the combatant commands, that a 
     modification is needed.
       ``(2) Risk assessment.--(A) The Chairman shall prepare each 
     year an assessment of the risks associated with the most 
     current National Military Strategy (or update) under 
     paragraph (1). The risk assessment shall be known as the 
     `Risk Assessment of the Chairman of the Joint Chiefs of 
     Staff'. The Chairman shall complete preparation of the Risk 
     Assessment in time for transmittal to Congress pursuant to 
     paragraph (3), including in time for inclusion of the report 
     of the Secretary of Defense, if any, under paragraph (4).
       ``(B) The Risk Assessment shall do the following:
       ``(i) As the Chairman considers appropriate, update any 
     changes to the strategic environment, threats, objectives, 
     force planning and sizing constructs, assessments, and 
     assumptions that informed the National Military Strategy 
     required by this section.
       ``(ii) Identify and define the strategic risks to United 
     States interests and the military risks in executing the 
     missions of the National Military Strategy.
       ``(iii) Identify and define levels of risk distinguishing 
     between the concepts of probability and consequences, 
     including an identification of what constitutes `significant' 
     risk in the judgment of the Chairman.
       ``(iv)(I) Identify and assess risk in the National Military 
     Strategy by category and level and the ways in which risk 
     might manifest itself, including how risk is projected to 
     increase, decrease, or remain stable over time; and
       ``(II) for each category of risk, assess the extent to 
     which current or future risk increases, decreases, or is 
     stable as a result of budgetary priorities, tradeoffs, or 
     fiscal constraints or limitations as currently estimated and 
     applied in the most current future-years defense program 
     under section 221 of this title.
       ``(v) Identify and assess risk associated with the 
     assumptions or plans of the National Military Strategy about 
     the contributions or support of--
       ``(I) other departments and agencies of the United States 
     Government (including their capabilities and availability);
       ``(II) alliances, allies, and other friendly nations 
     (including their capabilities, availability, and 
     interoperability); and
       ``(III) contractors.
       ``(vi) Identify and assess the critical deficiencies and 
     strengths in force capabilities (including manpower, 
     logistics, intelligence, and mobility support) identified 
     during the preparation and review of the contingency plans of 
     each unified combatant command, and identify and assess the 
     effect of such deficiencies and strengths for the National 
     Military Strategy.
       ``(3) Submittal of national military strategy and risk 
     assessment to congress.--(A) Not later than February 15 of 
     each even-numbered year, the Chairman shall, through the 
     Secretary of Defense, submit to the Committees on Armed 
     Services of the Senate and the House of Representatives the 
     National Military Strategy or update, if any, prepared under 
     paragraph (1) in such year.
       ``(B) Not later than February 15 each year, the Chairman 
     shall, through the Secretary of Defense, submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives the Risk Assessment prepared under paragraph 
     (2) in such year.
       ``(4) Secretary of defense reports to congress.--(A) In 
     transmitting a National Military Strategy (or update) or Risk 
     Assessment to Congress pursuant to paragraph (3), the 
     Secretary of Defense shall include in the transmittal such 
     comments of the Secretary thereon, if any, as the Secretary 
     considers appropriate.
       ``(B) If the Risk Assessment transmitted under paragraph 
     (3) in a year includes an assessment that a risk or risks 
     associated with the National Military Strategy (or update) 
     are significant, or that critical deficiencies in force 
     capabilities exist for a contingency plan described in 
     paragraph (2)(B)(vi), the Secretary shall include in the 
     transmittal of the Risk Assessment the plan of the Secretary 
     for mitigating such risk or deficiency. A plan for mitigating 
     risk of deficiency under this subparagraph shall--
       ``(i) address the risk assumed in the National Military 
     Strategy (or update) concerned, and the additional actions 
     taken or planned to be taken to address such risk using only 
     current technology and force structure capabilities; and
       ``(ii) specify, for each risk addressed, the extent of, and 
     a schedule for expected mitigation of, such risk, and an 
     assessment of the potential for residual risk, if any, after 
     mitigation.''.
       (b) Conforming Amendment.--Such section is further amended 
     by striking subsection (d).

     SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
                   REIMBURSEMENT OF COSTS OF ACTIVITIES FOR 
                   NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF 
                   DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.

       Paragraph (1) of section 941(b) of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 
     (Public Law 110-417; 10 U.S.C. 184 note) is amended by 
     striking ``through 2012'' and inserting ``through 2013''.

     SEC. 954. NATIONAL LANGUAGE SERVICE CORPS.

       (a) Charter for National Language Service Corps.--The David 
     L. Boren National Security Education Act of 1991 (50 U.S.C. 
     1901 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.

       ``(a) Establishment.--(1) The Secretary of Defense may 
     establish and maintain within the Department of Defense a 
     National Language Service Corps (in this section referred to 
     as the `Corps').
       ``(2) The purpose of the Corps is to provide a pool of 
     nongovernmental personnel with foreign language skills who, 
     as provided in regulations prescribed under this section, 
     agree to provide foreign language services to the Department 
     of Defense or another department or agency of the United 
     States.
       ``(b) National Security Education Board.--If the Secretary 
     establishes the Corps, the Secretary shall provide for the 
     National Security Education Board to oversee and coordinate 
     the activities of the Corps to such extent and in such manner 
     as determined by the Secretary under paragraph (9) of section 
     803(d).
       ``(c) Membership.--To be eligible for membership in the 
     Corps, a person must be a citizen of the United States 
     authorized by law to be employed in the United States, have 
     attained the age of 18 years, and possess such foreign 
     language skills as the Secretary considers appropriate for 
     membership in the Corps.
       ``(d) Training.--The Secretary may provide members of the 
     Corps such training as the Secretary prescribes for purposes 
     of this section.
       ``(e) Service.--Upon a determination that it is in the 
     national interests of the United States, the Secretary shall 
     call upon members of the Corps to provide foreign language 
     services to the Department of Defense or another department 
     or agency of the United States. If a member of the Corps is, 
     as of the time of such determination, employed by or 
     performing under a contract for an element of another Federal 
     agency, the Secretary shall first obtain the concurrence of 
     the head of that agency.
       ``(f) Funding.--The Secretary may impose fees, in amounts 
     up to full-cost recovery, for language services and technical 
     assistance rendered by members of the Corps. Amounts of fees 
     received under this section shall be credited to the account 
     of the Department providing funds for any costs incurred by 
     the Department in connection with the Corps. Amounts so 
     credited to such account shall be merged with amounts in such 
     account, and shall be available to the same extent, and 
     subject to the same conditions and limitations, as amounts in 
     such account. Any amounts so credited shall remain available 
     until expended.''.
       (b) National Security Education Board Matters.--
       (1) Composition.--Subsection (b) of section 803 of such Act 
     (50 U.S.C. 1903) is amended--
       (A) by striking paragraph (5);
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (9), respectively; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Secretary of Energy.

[[Page H6949]]

       ``(7) The Director of National Intelligence.''.
       (2) Functions.--Subsection (d) of such section is amended 
     by adding at the end the following new paragraph:
       ``(9) To the extent provided by the Secretary of Defense, 
     oversee and coordinate the activities of the National 
     Language Service Corps under section 813, including--
       ``(A) assessing on a periodic basis whether the Corps is 
     addressing the needs identified by the heads of departments 
     and agencies of the Federal Government for personnel with 
     skills in various foreign languages;
       ``(B) recommending plans for the Corps to address foreign 
     language shortfalls and requirements of the departments and 
     agencies of the Federal Government;
       ``(C) recommending effective ways to increase public 
     awareness of the need for foreign languages skills and career 
     paths in the Federal Government that use those skills; and
       ``(D) overseeing the Corps efforts to work with Executive 
     agencies and State and Local governments to respond to 
     interagency plans and agreements to address overall foreign 
     language shortfalls and to utilize personnel to address the 
     various types of crises that warrant foreign language 
     skills.''.SEC. 955. SAVINGS TO BE ACHIEVED IN CIVILIAN 
     PERSONNEL WORKFORCE AND SERVICE CONTRACTOR WORKFORCE OF THE 
     DEPARTMENT OF DEFENSE.
       (a) Required Plan.--
       (1) In general.--The Secretary of Defense shall ensure that 
     the civilian personnel workforce and service contractor 
     workforce of the Department of Defense are appropriately 
     sized to support and execute the National Military Strategy, 
     taking into account military personnel and force structure 
     levels. Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     and begin to execute an efficiencies plan for the civilian 
     personnel workforce and service contractor workforce of the 
     Department of Defense.
       (2) Consistency with other policies and procedures.--The 
     Secretary shall ensure the plan required under this 
     subsection is consistent with the policies and procedures 
     required under section 129a of title 10, United States Code, 
     as implemented under the policies issued by the Under 
     Secretary of Defense for Personnel and Readiness for 
     determining the most appropriate and cost-efficient mix of 
     military, civilian, and service contractor personnel to 
     perform the missions of the Department of Defense.
       (b) Savings.--The plan required under subsection (a) shall 
     achieve savings in the total funding for each workforce 
     covered by such plan over the period from fiscal year 2012 
     through fiscal year 2017 that are not less, as a percentage 
     of such funding, than the savings in funding for basic 
     military personnel pay achieved from reductions in military 
     end strengths over the same period of time.
       (c) Exclusions.--In developing and implementing the plan 
     required by subsection (a) and achieving the savings 
     percentages required by subsection (b), the Secretary of 
     Defense may exclude expenses related to the performance of 
     functions identified as core or critical to the mission of 
     the Department, consistent with the workload analysis and 
     risk assessments required by sections 129 and 129a of title 
     10, United States Code. In making a determination of core or 
     critical functions, the Secretary shall consider at least the 
     following:
       (1) Civilian personnel expenses for personnel as follows:
       (A) Personnel in Mission Critical Occupations, as defined 
     by the Civilian Human Capital Strategic Plan of the 
     Department of Defense and the Acquisition Workforce Plan of 
     the Department of Defense.
       (B) Personnel employed at facilities providing core 
     logistics capabilities pursuant to section 2464 of title 10, 
     United States Code.
       (C) Personnel in the Offices of the Inspectors General of 
     the Department of Defense.
       (2) Service contractor expenses for personnel as follows:
       (A) Personnel performing maintenance and repair of military 
     equipment.
       (B) Personnel providing medical services.
       (C) Personnel performing financial audit services.
       (3) Personnel expenses for personnel in the civilian 
     personnel workforce or service contractor workforce 
     performing such other critical functions as may be identified 
     by the Secretary as requiring exemption in the interest of 
     the national defense.
       (d) Reports.--
       (1) Initial report.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     including a comprehensive description of the plan required by 
     subsection (a).
       (2) Status reports.--As part of the budget submitted by the 
     President to Congress for each of fiscal years 2015 through 
     2018, the Secretary shall include a report describing the 
     implementation of the plan during the prior fiscal year and 
     any modifications to the plan required due to changing 
     circumstances. Each such report shall include a summary of 
     the savings achieved in such prior fiscal year through 
     reductions in the military, civilian, and service contractor 
     personnel workforces, and the number of military, civilian, 
     and service contractor personnel reduced. In any case in 
     which savings fall short of the annual target, the report 
     shall include an explanation of the reasons for such 
     shortfall.
       (3) Exclusions.--Each report under paragraphs (1) and (2) 
     shall specifically identify any exclusion granted by the 
     Secretary under subsection (c) in the period of time covered 
     by the report.
       (e) Limitation on Transfers of Functions.--The Secretary 
     shall ensure that the savings required by this section are 
     not achieved through unjustified transfers of functions 
     between or among the military, civilian, and service 
     contractor personnel workforces of the Department of Defense. 
     Nothing in this section shall be construed to preclude the 
     Secretary from exercising authority available to the 
     Department under sections 129a, 2330a, 2461, and 2463 of 
     title 10, United States Code.
       (f) Sense of Congress.--It is the sense of Congress that an 
     amount equal to 30 percent of the amount of the reductions in 
     appropriated funds attributable to reduced budgets for the 
     civilian and service contractor workforces of the Department 
     by reason of the plan required by subsection (a) should be 
     made available for costs of assisting military personnel 
     separated from the Armed Forces in the transition from 
     military service.
       (g) Service Contractor Workforce Defined.--In this section, 
     the term ``service contractor workforce'' means contractor 
     employees performing contract services, as defined in section 
     2330(c)(2) of title 10, United States Code, other than 
     contract services that are funded out of amounts available 
     for overseas contingency operations.
       (h) Comptroller General Review and Report.--For each fiscal 
     year from fiscal year 2015 through fiscal year 2018, the 
     Comptroller General of the United States shall review the 
     status reports submitted by the Secretary as required by 
     subsection (d)(2) to determine whether the savings required 
     by subsection (b) are being achieved in the civilian 
     personnel workforce and the service contractor workforce and 
     whether the plan required under subsection (a) is being 
     implemented consistent with sourcing and workforce management 
     laws, including sections 129, 129a, 2330a, 2461, and 2463 of 
     title 10, United States Code. The Comptroller General shall 
     submit a report on the findings of each review to the 
     congressional defense committees not later than 120 days 
     after the end of each fiscal year covered by this subsection.

     SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL 
                   HIRING FOLLOWING COMPLETION OF NATIONAL 
                   SECURITY EDUCATION PROGRAM SCHOLARSHIP.

        Section 802(k) of the David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read 
     as follows:
       ``(k) Employment of Program Participants.--
       ``(1) Appointment authority.--The Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of State, or 
     the head of a Federal agency or office identified by the 
     Secretary of Defense under subsection (g) as having national 
     security responsibilities--
       ``(A) may, without regard to any provision of title 5, 
     United States Code, governing appointments in the competitive 
     service, appoint an eligible program participant--
       ``(i) to a position in the excepted service that is 
     certified by the Secretary of Defense under clause (i) of 
     subsection (b)(2)(A) as contributing to the national security 
     of the United States; or
       ``(ii) subject to clause (ii) of such subsection, to a 
     position in the excepted service in such Federal agency or 
     office identified by the Secretary; and
       ``(B) may, upon satisfactory completion of two years of 
     substantially continuous service by an incumbent who was 
     appointed to an excepted service position under the authority 
     of subparagraph (A), convert the appointment of such 
     individual, without competition, to a career or career-
     conditional appointment.
       ``(2) Treatment of certain service.--In the case of an 
     eligible program participant described in clause (ii) or 
     (iii) of paragraph (3)(C) who receives an appointment under 
     paragraph (1)(A), the head of a Department or Federal agency 
     or office referred to in paragraph (1) may count any period 
     that the individual served in a position with the Federal 
     Government toward satisfaction of the service requirement 
     under paragraph (1)(B) if that service--
       ``(A) in the case of an appointment under clause (i) of 
     paragraph (1)(A), was in a position that is identified under 
     clause (i) of subsection (b)(2)(A) as contributing to the 
     national security of the United States; or
       ``(B) in the case of an appointment under clause (ii) of 
     paragraph (1)(A), was in the Federal agency or office in 
     which the appointment under that clause is made.
       ``(3) Eligible program participant defined.--In this 
     subsection, the term `eligible program participant' means an 
     individual who--
       ``(A) has successfully completed an academic program for 
     which a scholarship or fellowship under this section was 
     awarded;
       ``(B) has not previously been appointed to the excepted 
     service position under paragraph (1)(A); and
       ``(C) at the time of the appointment of the individual to 
     an excepted service position under paragraph (1)(A)--
       ``(i) under the terms of the agreement for such scholarship 
     or fellowship, owes a service commitment to a Department or 
     Federal agency or office referred to in paragraph (1);
       ``(ii) is employed by the Federal Government under a non-
     permanent appointment to a position in the excepted service 
     that has national security responsibilities; or

[[Page H6950]]

       ``(iii) is a former civilian employee of the Federal 
     Government who has less than a one-year break in service from 
     the last period of Federal employment of such individual in a 
     non-permanent appointment in the excepted service with 
     national security responsibilities.''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

                  Subtitle B--Counter-Drug Activities

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

                Subtitle C--Naval Vessels and Shipyards

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

                      Subtitle D--Counterterrorism

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

[[Page H6951]]

Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of 
              title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire 
              suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the 
              Federal Government.

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

       (a) Authority to Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this division for fiscal year 2013 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--Except as provided in paragraph (3), the 
     total amount of authorizations that the Secretary may 
     transfer under the authority of this section may not exceed 
     $4,000,000,000.
       (3) Exception for transfers between military personnel 
     authorizations.--A transfer of funds between military 
     personnel authorizations under title IV shall not be counted 
     toward the dollar limitation in paragraph (2).
       (b) Limitations.--The authority provided by subsection (a) 
     to transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.

       The budgetary effects of this Act, for the purposes of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on the conference 
     report or amendment between the Houses.

     SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON 
                   UNFUNDED PRIORITIES.

       It is the sense of Congress that--
       (1) not later than 45 days after the submittal to Congress 
     of the budget for a fiscal year under section 1105(a) of 
     title 31, United States Code, each officer specified in 
     paragraph (2) should, through the Chairman of the Joint 
     Chiefs of Staff and the Secretary of Defense, submit to the 
     congressional defense committees a list of any priority 
     military programs or activities under the jurisdiction of 
     such officer for which, in the estimate of such officer 
     additional funds, if available, would substantially reduce 
     operational or programmatic risk or accelerate the creation 
     or fielding of a critical military capability;
       (2) the officers specified in this paragraph are--
       (A) the Chief of Staff of the Army;
       (B) the Chief of Naval Operations;
       (C) the Chief of Staff of the Air Force;
       (D) the Commandant of the Marine Corps; and
       (E) the Commander of the United States Special Operations 
     Command; and
       (3) each list, if any, under paragraph (1) should set forth 
     for each military program or activity on such list--
       (A) a description of such program or activity;
       (B) a summary description of the justification for or 
     objectives of additional funds, if available for such program 
     or activity; and
       (C) the additional amount of funds recommended in 
     connection with the justification or objectives described for 
     such program or activity under subparagraph (B).

     SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION TO SUSTAIN 
                   NUCLEAR WEAPONS MODERNIZATION.

       (a) Transfer Authorized.--If the amount authorized to be 
     appropriated for the weapons activities of the National 
     Nuclear Security Administration for fiscal year 2013 in 
     section 3101 is less than $7,900,000,000 (the amount 
     projected to be required for such activities in fiscal year 
     2013 as specified in the report under section 1251 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2549)), the Secretary of 
     Defense may transfer, from amounts authorized to be 
     appropriated for the Department of Defense for fiscal year 
     2013 pursuant to this Act, to the Secretary of Energy an 
     amount, not to exceed $150,000,000, to be available only for 
     weapons activities of the National Nuclear Security 
     Administration.
       (b) Notice to Congress.--In the event of a transfer under 
     subsection (a), the Secretary of Defense shall promptly 
     notify Congress of the transfer, and shall include in such 
     notice the Department of Defense account or accounts from 
     which funds are transferred.
       (c) Transfer Mechanism.--Any funds transferred under this 
     section shall be transferred in accordance with established 
     procedures for reprogramming under section 1001 or successor 
     provisions of law.
       (d) Construction of Authority.--The transfer authority 
     provided under subsection (a) is in addition to any other 
     transfer authority provided under this Act.

     SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE 
                   STATEMENTS OF BUDGETARY RESOURCES.

       (a) Objective.--Section 1003(a)(2)(A)(ii) of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended by 
     inserting ``, and the statement of budgetary resources of the 
     Department of Defense is validated as ready for audit by not 
     later than September 30, 2014'' after ``September 30, 2017''.
       (b) Affordable and Sustainable Approach.--
       (1) In general.--The Chief Management Officer of the 
     Department of Defense and the Chief Management Officers of 
     each of the military departments shall ensure that plans to 
     achieve an auditable statement of budgetary resources of the 
     Department of Defense by September 30, 2014, include 
     appropriate steps to minimize one-time fixes and manual work-
     arounds, are sustainable and affordable, and will not delay 
     full auditability of financial statements.
       (2) Additional elements in fiar plan report.--Each semi-
     annual report on the Financial Improvement and Audit 
     Readiness Plan of the Department of Defense submitted by the 
     Under Secretary of Defense (Comptroller) under section 
     1003(b) of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222 
     note) during the period beginning on the date of the 
     enactment of this Act and ending on September 30, 2014, shall 
     include the following:
       (A) A description of the actions taken by the military 
     departments pursuant to paragraph (1).
       (B) A determination by the Chief Management Officer of each 
     military department whether or not such military department 
     is able to achieve an auditable statement of budgetary 
     resources by September 30, 2014, without an unaffordable or 
     unsustainable level of one-time fixes and manual work-arounds 
     and without delaying the full auditability of the financial 
     statements of such military department.
       (C) If the Chief Management Officer of a military 
     department determines under subparagraph (B) that the 
     military department is not able to achieve an auditable 
     statement of budgetary resources by September 30, 2014, as 
     described in that subparagraph--
       (i) an explanation why the military department is unable to 
     meet the deadline;
       (ii) an alternative deadline by which the military 
     department will achieve an auditable statement of budgetary 
     resources; and
       (iii) a description of the plan of the military department 
     for meeting the alternative deadline.

     SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE 
                   DEPARTMENT OF DEFENSE AT THE END OF FISCAL YEAR 
                   2012.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress, 
     and publish on the Internet website of the Department of 
     Defense available to the public, the following:
       (1) The total dollar amount of all balances carried forward 
     by the Department of Defense at the end of fiscal year 2012 
     by account.
       (2) The total dollar amount of all unobligated balances 
     carried forward by the Department of Defense at the end of 
     fiscal year 2012 by account.
       (3) The total dollar amount of any balances (both obligated 
     and unobligated) that have been carried forward by the 
     Department of Defense for five years or more as of the end of 
     fiscal year 2012 by account.

     SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING OF 
                   REPORTING REQUIREMENTS, THRESHOLDS, AND 
                   STATUTORY AND REGULATORY REQUIREMENTS RESULTING 
                   FROM UNQUALIFIED AUDIT OPINION OF DEPARTMENT OF 
                   DEFENSE FINANCIAL STATEMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary of Defense (Comptroller) shall 
     submit to the congressional defense committees a report 
     setting forth, in the opinion of the Under Secretary, the 
     following:
       (1) A list of reports currently required by law to be 
     submitted by the Department of Defense to Congress that would 
     be no longer necessary if the financial statements of the 
     Department of Defense were audited with an unqualified 
     opinion.
       (2) A list of each statutory and regulatory requirement 
     that would be no longer necessary if the financial statements 
     of the Department of defense were audited with an unqualified 
     opinion.
       (3) A list of each statutory and regulatory requirement 
     that could be revised and

[[Page H6952]]

     streamlined if the financial statement of the Department of 
     Defense were audited with an unqualified opinion.

                  Subtitle B--Counter-Drug Activities

     SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND 
                   OPERATE NATIONAL GUARD COUNTERDRUG SCHOOLS.

       Section 901 of the Office of National Drug Control Policy 
     Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 
     3536; 32 U.S.C. 112 note) is amended--
       (1) in subsection (c)--
       (A) by striking paragraph (1) and redesignating paragraphs 
     (2) through (5) as paragraphs (1) through (4), respectively; 
     and
       (B) by adding at the end the following new paragraph:
       ``(5) The Western Regional Counterdrug Training Center, 
     Camp Murray, Washington.'';
       (2) by striking subsection (f) and inserting the following 
     new subsection (f):
       ``(f) Annual Report on Activities.--Not later than February 
     1 each year, the Secretary of Defense shall submit to 
     Congress a report on the activities of the National Guard 
     counterdrug schools during the preceding year. Each such 
     report shall set forth a description of the activities of 
     each National Guard counterdrug school for the fiscal year 
     preceding the fiscal year during which the report is 
     submitted, including--
       ``(1) the amount of funding made available and the 
     appropriation account for each National Guard counterdrug 
     school during such fiscal year;
       ``(2) the cumulative amount of funding made available for 
     each National Guard counterdrug school during five fiscal 
     years preceding such fiscal year;
       ``(3) a description of the curriculum and training used at 
     each National Guard counterdrug school;
       ``(4) a description of how the activities conducted at each 
     National Guard counterdrug school fulfilled Department of 
     Defense counterdrug mission;
       ``(5) a list of the entities described in subsection (b) 
     whose personnel received training at each National Guard 
     counterdrug school; and
       ``(6) updates, if any, to the Department of Defense 
     regulations prescribed under subsection (a).''; and
       (3) in subsection (g)--
       (A) in paragraph (1), by striking ``There is hereby 
     authorized'' and all that follows through ``such fiscal 
     year'' and inserting the following: ``Not more than 
     $30,000,000 may be expended by the Secretary of Defense for 
     purposes of the National Guard counterdrug schools in any 
     fiscal year''; and
       (B) in paragraph (2), by striking ``amount authorized to be 
     appropriated by paragraph (1)'' and inserting ``amount 
     expended pursuant to paragraph (1)''.

     SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG 
                   INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
                   DEFENSE-WIDE ACCOUNT.

       (a) Biannual Reports on Expenditures of Funds.--Not later 
     than 60 days after the end of the first half of a fiscal year 
     and after the end of the second half of a fiscal year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth a description of 
     the expenditure of funds, by project code, from the Drug 
     Interdiction and Counter-Drug Activities, Defense-wide 
     account during such half of the fiscal year, including 
     expenditures of funds in direct or indirect support of the 
     counter-drug activities of foreign governments.
       (b) Information on Support of Counter-drug Activities of 
     Foreign Governments.--The information in a report under 
     subsection (a) on direct or indirect support of the counter-
     drug activities of foreign governments shall include, for 
     each foreign government so supported, the following:
       (1) The total amount of assistance provided to, or expended 
     on behalf of, the foreign government.
       (2) A description of the types of counter-drug activities 
     conducted using the assistance.
       (3) An explanation of the legal authority under which the 
     assistance was provided.
       (c) Definitions.--In this section:
       (1) The term ``first half of a fiscal year'' means the 
     period beginning on October 1 of any year and ending on March 
     31 of the following year.
       (2) The term ``second half of a fiscal year'' means the 
     period beginning on April 1 of any year and ending on 
     September 30 of such year.
       (d) Cessation of Requirement.--No report shall be required 
     under subsection (a) for any half of a fiscal year beginning 
     on or after October 1, 2017.
       (e) Repeal of Obsolete Authority.--Section 1022 of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398) is 
     hereby repealed.

     SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
                   DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

       Section 1021 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as most recently amended by section 1007 of 
     the National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 125 Stat. 1558), is amended--
       (1) in subsection (a), by striking ``2012'' and inserting 
     ``2013''; and
       (2) in subsection (c), by striking ``2012'' and inserting 
     ``2013''.

     SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
                   PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
                   CONDUCTING COUNTER-TERRORISM ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594; 10 
     U.S.C. 371 note) is amended by striking ``2012'' and 
     inserting ``2013''.

     SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON 
                   PROVISION OF SUPPORT FOR COUNTER-DRUG 
                   ACTIVITIES TO CERTAIN FOREIGN GOVERNMENTS.

       Section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most 
     recently amended by section 1006 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1557), is further amended--
       (1) in subsection (f)(1), by striking ``the written 
     certification described in subsection (g) for that fiscal 
     year.'' and inserting ``a written certification described in 
     subsection (g) applicable to that fiscal year. The first such 
     certification with respect to any such government may apply 
     only to a period of one fiscal year. Subsequent 
     certifications with respect to any such government may apply 
     to a period of not to exceed two fiscal years.''; and
       (2) in subsection (g), in the matter preceding paragraph 
     (1)--
       (A) by striking ``The written'' and inserting ``A 
     written''; and
       (B) by striking ``for a fiscal year'' and all that follows 
     through the colon and inserting ``for a government to receive 
     support under this section for any period of time is a 
     certification of each of the following with respect to that 
     government:''.

                Subtitle C--Naval Vessels and Shipyards

     SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                   STRIKE FORCES OF THE UNITED STATES NAVY.

       Section 1012(b) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 303), as 
     most recently amended by section 1015 of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 
     (Public Law 110-417; 122 Stat. 4586), is amended by striking 
     ``Secretary of Defense'' and all that follows through the 
     period and inserting the following: ``Secretary of the Navy 
     notifies the congressional defense committees that, as a 
     result of a cost-benefit analysis, it would not be practical 
     for the Navy to design the class of ships with an integrated 
     nuclear power system.''.

     SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED 
                   ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.

       (a) In General.--Section 231 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Limitation on Availability of Funds for Fiscal Years 
     Without Plan and Certification.--(1) If the Secretary of 
     Defense does not include with the defense budget materials 
     for a fiscal year the plan and certification under subsection 
     (a), the Secretary of the Navy may not use more than 50 
     percent of the funds described in paragraph (2) during the 
     fiscal year in which such materials are submitted until the 
     date on which such plan and certification are submitted to 
     the congressional defense committees.
       ``(2) The funds described in this paragraph are funds made 
     available to the Secretary of the Navy for operation and 
     maintenance, Navy, for emergencies and extraordinary 
     expenses.''.
       (b) Conforming Amendment.--Section 12304b(i) of title 10, 
     United States Code, is amended by striking ``section 
     231(g)(2)'' and inserting ``section 231(f)(2)''.

     SEC. 1015. RETIREMENT OF NAVAL VESSELS.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Chief of Naval Operations 
     shall submit to the congressional defense committees a report 
     that sets forth a comprehensive description of the current 
     requirements of the Navy for combatant vessels of the Navy, 
     including submarines.
       (b) Additional Report Element if Less Than 313 Vessels 
     Required.--If the number of combatant vessels for the Navy 
     (including submarines) specified as being required in the 
     report under subsection (a) is less than 313 combatant 
     vessels, the report shall include a justification for the 
     number of vessels specified as being so required and the 
     rationale by which the number of vessels is considered 
     consistent with applicable strategic guidance issued by the 
     President and the Secretary of Defense in 2012.

     SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP 
                   SQUADRON.

       (a) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Chief of Naval Operations and 
     the Commandant of the Marine Corps shall jointly submit to 
     the congressional defense committees a report setting forth 
     an assessment of the Marine Corps Prepositioning Program-
     Norway and the capability of that program to address any 
     readiness gaps that will be created by the termination of 
     Maritime Prepositioning Ship Squadron One in the 
     Mediterranean.

[[Page H6953]]

       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A detailed description of the time required to transfer 
     stockpiles onto naval vessels for use in contingency 
     operations.
       (B) A comparison of the response time of the Marine Corps 
     Prepositioning Program-Norway with the response time of 
     Maritime Prepositioning Ship Squadron One.
       (C) A description of the equipment stored in the stockpiles 
     of the Marine Corps Prepositioning Program-Norway, the 
     differences (if any) between that equipment and the equipment 
     of a Maritime Prepositioning Ship squadron, and any increased 
     risk or operational plan impacts associated with using 
     Prepositioning Program-Norway to fulfill the Maritime 
     Prepositioning Ship squadron requirements.
       (D) A description and assessment of the current age and 
     state of maintenance of the equipment of the Marine Corps 
     Maritime Prepositioning Program-Norway.
       (E) A plan to address future requirements, equipment 
     shortages, and modernization needs of the Marine Corps 
     Maritime Prepositioning Program-Norway.
       (b) Limitation on Availability of Funds.--Amounts 
     authorized to be appropriated by this Act may not be 
     obligated or expended to terminate a Maritime Prepositioning 
     Ship squadron until the date of the submittal to the 
     congressional defense committees of the report required by 
     subsection (a).

     SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY 
                   AND COAST GUARD.

       (a) Findings.--Congress makes the following findings:
       (1) More than 70 percent of the world's surface is 
     comprised of navigable oceans.
       (2) More than 80 percent of the population of the world 
     lives within 100 miles of an ocean.
       (3) More than 90 percent of the world's commerce traverses 
     an ocean.
       (4) The national security of the United States is 
     inextricably linked to the maintenance of global freedom of 
     access for both the strategic and commercial interests of the 
     United States.
       (5) To maintain that freedom of access the sea services of 
     the United States, composed of the Navy, the Marine Corps, 
     and the Coast Guard, must be sufficiently positioned as 
     rotationally globally deployable forces with the capability 
     to decisively defend United States citizens, homeland, and 
     interests abroad from direct or asymmetric attack and must be 
     comprised of sufficient vessels to maintain global freedom of 
     action.
       (6) To achieve appropriate capabilities to ensure national 
     security, the Government of the United States must continue 
     to recapitalize the fleets of the Navy and Coast Guard and 
     must continue to conduct vital maintenance and repair of 
     existing vessels to ensure such vessels meet service life 
     goals.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the sea services of the United States should be funded 
     and maintained to provide the broad spectrum of capabilities 
     required to protect the national security of the United 
     States;
       (2) such capabilities should include--
       (A) the ability to project United States power rapidly 
     anywhere on the globe without the need for host nation basing 
     permission or long and potentially vulnerable logistics 
     supply lines;
       (B) the ability to land and recover maritime forces from 
     the sea for direct combat action, to evacuate United States 
     citizens from hostile situations, and to provide humanitarian 
     assistance where needed;
       (C) the ability to operate from the subsurface with 
     overpowering conventional combat power, as well as strategic 
     deterrence; and
       (D) the ability to operate in collaboration with United 
     States maritime partners in the common interest of preventing 
     piracy at sea and maintaining the commercial sea lanes 
     available for global commerce;
       (3) the Secretary of Defense, in coordination with the 
     Secretary of the Navy, should maintain the recapitalization 
     plans for the Navy as a priority in all future force 
     structure decisions; and
       (4) the Secretary of Homeland Security should maintain the 
     recapitalization plans for the Coast Guard as a priority in 
     all future force structure decisions.

     SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS TO 
                   NAME NAVAL VESSELS.

       (a) Findings.--Congress makes the following findings:
       (1) The Navy traces its ancestry to October 13, 1775, when 
     an Act of the Continental Congress authorized the first 
     vessel of a navy for the United Colonies. Vessels of the 
     Continental Navy were named for early patriots and military 
     heroes, Federal institutions, colonial cities, and positive 
     character traits representative of naval and military 
     virtues.
       (2) An Act of Congress on March 3, 1819, made the Secretary 
     of the Navy responsible for assigning names to vessels of the 
     Navy. Traditional sources for vessel names customarily 
     encompassed such categories as geographic locations in the 
     United States; historic sites, battles, and ships; naval and 
     military heroes and leaders; and noted individuals who made 
     distinguished contributions to United States national 
     security.
       (3) These customs and traditions provide appropriate and 
     necessary standards for the naming of vessels of the Navy.
       (b) Notice to Congress.--Section 7292 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(d)(1) The Secretary of the Navy may not announce or 
     implement any proposal to name a vessel of the Navy until 30 
     days after the date on which the Secretary submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report setting forth such proposal.
       ``(2) Each report under this subsection shall describe the 
     justification for the proposal covered by such report in 
     accordance with the standards referred to in section 1024(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2013.''.
       (c) Effective Date.--This section and the amendment made by 
     this section shall go into effect on the date that is 30 days 
     after the date of the enactment of this Act.

                      Subtitle D--Counterterrorism

     SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR 
                   COMBATING TERRORISM.

       (a) Extension.--Section 127b(c)(3)(C) of title 10, United 
     States Code, is amended by striking ``September 30, 2013'' 
     and inserting ``September 30, 2014''.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     that outlines the future requirements and authorities to make 
     rewards for combating terrorism. The report shall include--
       (1) an analysis of future requirements under section 127b 
     of title 10, United States Code;
       (2) a detailed description of requirements for rewards in 
     support of operations with allied forces; and
       (3) an overview of geographic combatant commander 
     requirements through September 30, 2014.

     SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
                   FACILITIES IN THE UNITED STATES TO HOUSE 
                   DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--No amounts authorized to be appropriated 
     or otherwise made available to the Department of Defense for 
     fiscal year 2013 may be used to construct or modify any 
     facility in the United States, its territories, or 
     possessions to house any individual detained at Guantanamo 
     for the purposes of detention or imprisonment in the custody 
     or under the control of the Department of Defense unless 
     authorized by Congress.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to any modification of facilities at United States 
     Naval Station, Guantanamo Bay, Cuba.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' has 
     the meaning given that term in section 1028(f)(2).

     SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, WHO HAVE BEEN TRANSFERRED TO FOREIGN 
                   COUNTRIES.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Director of the Defense Intelligence Agency, 
     in consultation with the head of each element of the 
     intelligence community that the Director considers 
     appropriate, shall submit to the covered congressional 
     committees a report assessing the factors that cause or 
     contribute to the recidivism of individuals detained at 
     Guantanamo who are transferred or released to a foreign 
     country. Such report shall include--
       (1) a discussion of trends, by country and region, where 
     recidivism has occurred; and
       (2) an assessment of the implementation by foreign 
     countries of the international arrangements relating to the 
     transfer or release of individuals detained at Guantanamo 
     reached between the United States and each foreign country to 
     which an individual detained at Guantanamo has been 
     transferred or released.
       (b) Form.--The report required under subsection (a) may be 
     submitted in classified form.
       (c) Definitions.--In this section:
       (1) The term ``covered congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual who is or was located at United States Naval 
     Station, Guantanamo Bay, Cuba, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) on or after January 1, 2002, was--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.

[[Page H6954]]

     SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR 
                   DETENTION OF INDIVIDUALS CAPTURED OUTSIDE 
                   AFGHANISTAN PURSUANT TO THE AUTHORIZATION FOR 
                   USE OF MILITARY FORCE.

       (a) Notice to Congress.--Not later than 30 days after first 
     detaining an individual pursuant to the Authorization for Use 
     of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on 
     a naval vessel outside the United States, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives notice of the 
     detention. In the case of such an individual who is 
     transferred or released before the submittal of the notice of 
     the individual's detention, the Secretary shall also submit 
     to such Committees notice of the transfer or release.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report on the use of naval vessels 
     for the detention outside the United States of any individual 
     who is detained pursuant to the Authorization for Use of 
     Military Force (Public Law 107-40; 50 U.S.C. 1541 note). Such 
     report shall include--
       (A) procedures and any limitations on detaining such 
     individuals at sea on board United States naval vessels;
       (B) an assessment of any force protection issues associated 
     with detaining such individuals on such vessels;
       (C) an assessment of the likely effect of such detentions 
     on the original mission of such naval vessels; and
       (D) any restrictions on long-term detention of individuals 
     on United States naval vessels.
       (2) Form of report.--The report required under paragraph 
     (1) may be submitted in classified form.

     SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 
                   INDIVIDUALS DETAINED AT THE DETENTION FACILITY 
                   AT PARWAN, AFGHANISTAN.

       (a) Notice Required.--The Secretary of Defense shall submit 
     to the appropriate congressional committees notice in writing 
     of the proposed transfer of any individual detained pursuant 
     to the Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note) who is a national of a country 
     other than the United States or Afghanistan from detention at 
     the Detention Facility at Parwan, Afghanistan, to the custody 
     of the Government of Afghanistan or of any other country. 
     Such notice shall be provided not later than 10 days before 
     such a transfer may take place.
       (b) Assessments Required.--Prior to any transfer referred 
     to under subsection (a), the Secretary shall ensure that an 
     assessment is conducted as follows:
       (1) In the case of the proposed transfer of such an 
     individual by reason of the individual being released, an 
     assessment of the threat posed by the individual and the 
     security environment of the country to which the individual 
     is to be transferred.
       (2) In the case of the proposed transfer of such an 
     individual to a country other than Afghanistan for the 
     purpose of the prosecution of the individual, an assessment 
     regarding the capacity, willingness, and historical track 
     record of the country with respect to prosecuting similar 
     cases, including a review of the primary evidence against the 
     individual to be transferred and any significant 
     admissibility issues regarding such evidence that are 
     expected to arise in connection with the prosecution of the 
     individual.
       (3) In the case of the proposed transfer of such an 
     individual for reintegration or rehabilitation in a country 
     other than Afghanistan, an assessment regarding the capacity, 
     willingness, and historical track records of the country for 
     reintegrating or rehabilitating similar individuals.
       (4) In the case of the proposed transfer of such an 
     individual to the custody of the Government of Afghanistan 
     for prosecution or detention, an assessment regarding the 
     capacity, willingness, and historical track record of 
     Afghanistan to prosecute or detain long-term such 
     individuals.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives and the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate.

     SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY 
                   DETAINED AT THE DETENTION FACILITY AT PARWAN, 
                   AFGHANISTAN.

       (a) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the relevant congressional committees a report on the 
     estimated recidivism rates and the factors that appear to 
     contribute to the recidivism of individuals formerly detained 
     at the Detention Facility at Parwan, Afghanistan, who were 
     transferred or released, including the estimated total number 
     of individuals who have been recaptured on one or more 
     occasion.
       (b) Form.--The report required under subsection (a) may be 
     submitted in classified form.
       (c) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.

     SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
                   OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       None of the funds authorized to be appropriated by this Act 
     for fiscal year 2013 may be used to transfer, release, or 
     assist in the transfer or release to or within the United 
     States, its territories, or possessions of Khalid Sheikh 
     Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.

     SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
                   TRANSFER OF DETAINEES AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO FOREIGN 
                   COUNTRIES AND OTHER FOREIGN ENTITIES.

       (a) Certification Required Prior to Transfer.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise available 
     to the Department of Defense for fiscal year 2013 to transfer 
     any individual detained at Guantanamo to the custody or 
     control of the individual's country of origin, any other 
     foreign country, or any other foreign entity unless the 
     Secretary submits to Congress the certification described in 
     subsection (b) not later than 30 days before the transfer of 
     the individual.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (b) Certification.--A certification described in this 
     subsection is a written certification made by the Secretary 
     of Defense, with the concurrence of the Secretary of State 
     and in consultation with the Director of National 
     Intelligence, that--
       (1) the government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (A) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (B) maintains control over each detention facility in which 
     the individual is to be detained if the individual is to be 
     housed in a detention facility;
       (C) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (D) has taken or agreed to take effective actions to ensure 
     that the individual cannot take action to threaten the United 
     States, its citizens, or its allies in the future;
       (E) has taken or agreed to take such actions as the 
     Secretary of Defense determines are necessary to ensure that 
     the individual cannot engage or reengage in any terrorist 
     activity; and
       (F) has agreed to share with the United States any 
     information that--
       (i) is related to the individual or any associates of the 
     individual; and
       (ii) could affect the security of the United States, its 
     citizens, or its allies; and
       (2) includes an assessment, in classified or unclassified 
     form, of the capacity, willingness, and past practices (if 
     applicable) of the foreign country or entity in relation to 
     the Secretary's certifications.
       (c) Prohibition in Cases of Prior Confirmed Recidivism.--
       (1) Prohibition.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise made 
     available to the Department of Defense to transfer any 
     individual detained at Guantanamo to the custody or control 
     of the individual's country of origin, any other foreign 
     country, or any other foreign entity if there is a confirmed 
     case of any individual who was detained at United States 
     Naval Station, Guantanamo Bay, Cuba, at any time after 
     September 11, 2001, who was transferred to such foreign 
     country or entity and subsequently engaged in any terrorist 
     activity.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (d) National Security Waiver.--
       (1) In general.--The Secretary of Defense may waive the 
     applicability to a detainee transfer of a certification 
     requirement specified in subparagraph (D) or (E) of 
     subsection (b)(1) or the prohibition in subsection (c), if 
     the Secretary certifies the rest of the criteria required by 
     subsection (b) for transfers prohibited by (c) and, with the 
     concurrence of the Secretary of State and in consultation 
     with the Director of National Intelligence, determines that--

[[Page H6955]]

       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived;
       (B) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), it is not possible to certify that the 
     risks addressed in the paragraph to be waived have been 
     completely eliminated, but the actions to be taken under 
     subparagraph (A) will substantially mitigate such risks with 
     regard to the individual to be transferred;
       (C) in the case of a waiver of subsection (c), the 
     Secretary has considered any confirmed case in which an 
     individual who was transferred to the country subsequently 
     engaged in terrorist activity, and the actions to be taken 
     under subparagraph (A) will substantially mitigate the risk 
     of recidivism with regard to the individual to be 
     transferred; and
       (D) the transfer is in the national security interests of 
     the United States.
       (2) Reports.--Whenever the Secretary makes a determination 
     under paragraph (1), the Secretary shall submit to the 
     appropriate committees of Congress, not later than 30 days 
     before the transfer of the individual concerned, the 
     following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including--
       (i) an explanation why the transfer is in the national 
     security interests of the United States;
       (ii) in the case of a waiver of paragraph (D) or (E) of 
     subsection (b)(1), an explanation why it is not possible to 
     certify that the risks addressed in the paragraph to be 
     waived have been completely eliminated; and
       (iii) a classified summary of--

       (I) the individual's record of cooperation while in the 
     custody of or under the effective control of the Department 
     of Defense; and
       (II) the agreements and mechanisms in place to provide for 
     continuing cooperation.

       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the paragraph or subsection to be waived.
       (D) The assessment required by subsection (b)(2).
       (e) Record of Cooperation.--In assessing the risk that an 
     individual detained at Guantanamo will engage in terrorist 
     activity or other actions that could affect the security of 
     the United States if released for the purpose of making a 
     certification under subsection (b) or a waiver under 
     subsection (d), the Secretary of Defense may give favorable 
     consideration to any such individual--
       (1) who has substantially cooperated with United States 
     intelligence and law enforcement authorities, pursuant to a 
     pre-trial agreement, while in the custody of or under the 
     effective control of the Department of Defense; and
       (2) for whom agreements and effective mechanisms are in 
     place, to the extent relevant and necessary, to provide for 
     continued cooperation with United States intelligence and law 
     enforcement authorities.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (3) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).

     SEC. 1029. RIGHTS UNAFFECTED.

       Nothing in the Authorization for Use of Military Force 
     (Public Law 107-40; 50 U.S.C. 1541 note) or the National 
     Defense Authorization Act for Fiscal Year 2012 (Public Law 
     112-81) shall be construed to deny the availability of the 
     writ of habeas corpus or to deny any Constitutional rights in 
     a court ordained or established by or under Article III of 
     the Constitution to any person inside the United States who 
     would be entitled to the availability of such writ or to such 
     rights in the absence of such laws.

                       Subtitle E--Nuclear Forces

     SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE UNITED 
                   STATES.

       (a) Reports on Strategy.--Section 491 of title 10, United 
     States Code, is--
       (1) transferred to chapter 24 of such title, as added by 
     subsection (b)(1); and
       (2) amended--
       (A) in the heading, by inserting ``weapons'' after 
     ``Nuclear'';
       (B) by striking ``nuclear employment strategy'' each place 
     it appears and inserting ``nuclear weapons employment 
     strategy'';
       (C) in paragraph (1)--
       (i) by inserting ``the'' after ``modifications to''; and
       (ii) by inserting ``, plans, and options'' after 
     ``employment strategy'';
       (D) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) The extent to which such modifications include an 
     increased reliance on conventional or non-nuclear global 
     strike capabilities or missile defenses of the United 
     States.'';
       (E) by striking ``On the date'' and inserting ``(a) 
     Reports.--On the date''; and
       (F) by adding at the end the following new subsections:
       ``(b) Annual Briefings.--Not later than March 15 of each 
     year, the Secretary of Defense shall provide to the 
     congressional defense committees a briefing regarding the 
     nuclear weapons employment strategy, plans, and options of 
     the United States.
       ``(c) Notification of Anomalies.--(1) The Secretary of 
     Defense shall submit to the congressional defense committees 
     written notification of an anomaly in the nuclear command, 
     control, and communications system of the United States that 
     is reported to the Secretary of Defense or the Nuclear 
     Weapons Council by not later than 14 days after the date on 
     which the Secretary or the Council learns of such anomaly, as 
     the case may be.
       ``(2) In this subsection, the term `anomaly' means any 
     unplanned, irregular, or abnormal event, whether unexplained 
     or caused intentionally or unintentionally by a person or a 
     system.''.
       (b) Clerical and Conforming Amendments.--
       (1) Chapter 24.--Part I of subtitle A of title 10, United 
     States Code, is amended by adding at the end the following 
     new chapter:

                     ``CHAPTER 24--NUCLEAR POSTURE

``Sec.
``491. Nuclear weapons employment strategy of the United States: 
              reports on modification of strategy.''.
       (2) Table of chapters.--The table of chapters at the 
     beginning of subtitle A of title 10, United States Code, and 
     at the beginning of part I of such subtitle, are each amended 
     by inserting after the item relating to chapter 23 the 
     following new item:

``24. Nuclear posture........................................491''.....

       (3) Transfer of provisions.--
       (A) Chapter 23.--Chapter 23 of title 10, United States 
     Code, is amended as follows:
       (i) Section 490a is--

       (I) transferred to chapter 24 of such title, as added by 
     paragraph (1);
       (II) inserted after section 491 of such title, as added to 
     such chapter 24 by subsection (a)(1); and
       (III) redesignated as section 492.

       (ii) The table of sections at the beginning of such chapter 
     23 is amended by striking the items relating to sections 490a 
     and 491.
       (B) FY12 ndaa.--Section 1077 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 50 
     U.S.C. 2514) is--
       (i) transferred to chapter 24 of title 10, United States 
     Code, as added by paragraph (1);
       (ii) inserted after section 492 of such title, as added by 
     subparagraph (A)(i);
       (iii) redesignated as section 493; and
       (iv) amended by striking ``the date of the enactment of 
     this Act'' and inserting ``December 31, 2011,''.

       (III) by striking ``the date of the enactment of this Act'' 
     and inserting ``December 31, 2011,''.

       (C) Clerical amendments.--
       (i) Table of sections.--The table of sections at the 
     beginning of chapter 24 of title 10, United States Code, as 
     added by paragraph (1), is amended by inserting after the 
     item relating to section 491 the following new items:

``492. Biennial assessment and report on the delivery platforms for 
              nuclear weapons and the nuclear command and control 
              system.
``493. Reports to Congress on the modification of the force structure 
              for the strategic nuclear weapons delivery systems of the 
              United States.''.
       (ii) Section heading typeface and typestyle.--Section 493 
     of title 10, United States Code, as added by subparagraph 
     (B), is amended--

       (I) in the enumerator, by striking ``SEC.'' and inserting 
     ``Sec. ''; and
       (II) in the section heading--

       (aa) by striking the period at the end; and
       (bb) by conforming the typeface and typestyle, including 
     capitalization, to the typeface and typestyle as used in the 
     section heading of section 491 of such title.
       (4) Conforming amendment.--section 1031(b) of the National 
     Defense Authorization Act for Fiscal Year 2012 (Public Law 
     112-81; 125 Stat. 1574) is amended by striking ``section 490a 
     of title 10, United States Code, as added by subsection 
     (a),'' and inserting ``section 492 of title 10, United States 
     Code,''.

     SEC. 1032. PROGRESS OF MODERNIZATION.

       (a) Nuclear Employment Strategy.--Subsection (a) of section 
     491 of title 10, United States Code, as amended by section 
     1031, is amended by striking ``On the date on which the 
     President issues'' and inserting ``By not later than 60 days 
     before the date on which the President implements''.
       (b) Reports Required.--Such section 491 is further amended 
     by adding at the end the following:
       ``(d) Reports on 2010 Nuclear Posture Review Implementation 
     Study Decisions.--During each of fiscal years 2012 through 
     2021, not later than 60 days before the date on which the 
     President carries out the results

[[Page H6956]]

     of the decisions made pursuant to the 2010 Nuclear Posture 
     Review Implementation Study that would alter the nuclear 
     weapons employment strategy, guidance, plans, or options of 
     the United States, the President shall--
       ``(1) ensure that the annual report required under section 
     1043(a)(1) of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576) is 
     transmitted to Congress, if so required;
       ``(2) ensure that the report required under section 
     494(a)(2)(A) of this title is transmitted to Congress, if so 
     required under such section; and
       ``(3) transmit to the congressional defense committees a 
     report providing the high-, medium-, and low- confidence 
     assessments of the intelligence community (as defined in 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4))) as to whether the United States will have 
     significant warning of a strategic surprise or breakout 
     caused by foreign nuclear weapons developments.''.

     SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR 
                   MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) consistent with Condition 9 of the Resolution of Advice 
     and Consent to Ratification of the New START Treaty of the 
     Senate, agreed to on December 22, 2010, the United States is 
     committed to ensuring the safety, security, reliability, and 
     credibility of its nuclear forces; and
       (2) the United States is committed to--
       (A) proceeding with a robust stockpile stewardship program 
     and maintaining and modernizing nuclear weapons production 
     capabilities and capacities of the United States to ensure 
     the safety, security, reliability, and credibility of the 
     nuclear arsenal of the United States at the New START Treaty 
     levels and meeting requirements for hedging against possible 
     international developments or technical problems;
       (B) reinvigorating and sustaining the nuclear security 
     laboratories of the United States and preserving the core 
     nuclear weapons competencies therein; and
       (C) providing the resources needed to achieve these 
     objectives, using as a starting point the levels set forth in 
     the President's 10-year plan provided to Congress in November 
     2010 pursuant to section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2549).
       (b) Insufficient Funding Report.--
       (1) In general.--Section 1045 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 50 
     U.S.C. 2523b) is--
       (A) transferred to chapter 24 of title 10, United States 
     Code, as added by section 1031(b);
       (B) inserted after section 493 of such title, as added to 
     such chapter 24 by such section 1031(b);
       (C) redesignated as section 494; and
       (D) amended by amending paragraph (2) of subsection (a) to 
     read as follows:
       ``(2) Insufficient funding.--
       ``(A) Report.--During each year in which the New START 
     Treaty is in force, if the President determines that an 
     appropriations Act is enacted that fails to meet the resource 
     levels set forth in the November 2010 update to the plan 
     referred to in section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2549) or if at any time determines that more 
     resources are required to carry out such plan than were 
     estimated, the President shall transmit to the appropriate 
     congressional committees, within 60 days of making such a 
     determination, a report detailing--
       ``(i) a plan to address the resource shortfall;
       ``(ii) if more resources are required to carry out the plan 
     than were estimated--

       ``(I) the proposed level of funding required; and
       ``(II) an identification of the stockpile work, campaign, 
     facility, site, asset, program, operation, activity, 
     construction, or project for which additional funds are 
     required;

       ``(iii) any effects caused by the shortfall on the safety, 
     security, reliability, or credibility of the nuclear forces 
     of the United States;
       ``(iv) whether and why, in light of the shortfall, 
     remaining a party to the New START Treaty is still in the 
     national interest of the United States; and
       ``(v) a detailed explanation of why the modernization 
     timelines established in the 2010 Nuclear Posture Review are 
     no longer applicable.
       ``(B) Prior notification.--If the President transmits a 
     report under subparagraph (A), the President shall notify the 
     appropriate congressional committees of any determination by 
     the President to reduce the number of deployed nuclear 
     warheads of the United States by not later than 60 days 
     before taking any action to carry out such reduction.
       ``(C) Exception.--The limitation in subparagraph (B) shall 
     not apply to--
       ``(i) reductions made to ensure the safety, security, 
     reliability, and credibility of the nuclear weapons stockpile 
     and strategic delivery systems, including activities related 
     to surveillance, assessment, certification, testing, and 
     maintenance of nuclear warheads and strategic delivery 
     systems; or
       ``(ii) nuclear warheads that are retired or awaiting 
     dismantlement on the date of the report under subparagraph 
     (A).
       ``(D) Definitions.--In this paragraph:
       ``(i) The term `appropriate congressional committees' 
     means--

       ``(I) the congressional defense committees; and
       ``(II) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

       ``(ii) The term `New START Treaty' means the Treaty between 
     the United States of America and the Russian Federation on 
     Measures for the Further Reduction and Limitation of 
     Strategic Offensive Arms, signed on April 8, 2010, and 
     entered into force on February 5, 2011.''.
       (2) Clerical amendments.--
       (A) Table of contents.--The table of sections at the 
     beginning of chapter 24 of title 10, United States Code, as 
     added by section 1031(b), is amended by inserting after the 
     item relating to section 493 the following new item:

``494. Nuclear force reductions.''.
       (B) Section heading typeface and typestyle.--Section 494 of 
     title 10, United States Code, as added by paragraph (1), is 
     amended--
       (i) in the enumerator, by striking ``SEC.'' and inserting 
     ``Sec. ''; and
       (ii) in the section heading--

       (I) by striking the period at the end; and
       (II) by conforming the typeface and typestyle, including 
     capitalization, to the typeface and typestyle as used in the 
     section heading of section 491 of such title.

       (4) Effective date.--The amendment made by paragraph (1)(D) 
     shall take effect on October 1, 2012.

     SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON 
                   STOCKPILE REDUCTIONS.

       Section 494 of title 10, United States Code, as added by 
     section 1033(b)(1), is amended by adding at the end the 
     following new subsection:
       ``(d) Prevention of Asymmetry in Reductions.--
       ``(1) Certification.--During any year in which the 
     President recommends to reduce the number of nuclear weapons 
     in the active and inactive stockpiles of the United States by 
     a number that is greater than a de minimis reduction, the 
     President shall certify in writing to the congressional 
     defense committees whether such reductions will cause the 
     number of nuclear weapons in such stockpiles to be fewer than 
     the high-confidence assessment of the intelligence community 
     (as defined in section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 401a(4))) with respect to the number of 
     nuclear weapons in the active and inactive stockpiles of the 
     Russian Federation.
       ``(2) Notification.--If the President certifies under 
     paragraph (1) that the recommended number of nuclear weapons 
     in the active and inactive stockpiles of the United States is 
     fewer than the high-confidence assessment of the intelligence 
     community with respect to the number of nuclear weapons in 
     the active and inactive stockpiles of the Russian Federation, 
     the President shall transmit to the congressional defense 
     committees a report by the Commander of the United States 
     Strategic Command, without change, detailing whether the 
     recommended reduction would create a strategic imbalance or 
     degrade deterrence and extended deterrence between the total 
     number of nuclear weapons of the United States and the total 
     number of nuclear weapons of the Russian Federation. The 
     President shall transmit such report by not later than 60 
     days before the date on which the President carries out any 
     such recommended reductions.
       ``(3) Exception.--The notification in paragraph (2) shall 
     not apply to--
       ``(A) reductions made to ensure the safety, security, 
     reliability, and credibility of the nuclear weapons stockpile 
     and strategic delivery systems, including activities related 
     to surveillance, assessment, certification, testing, and 
     maintenance of nuclear warheads and strategic delivery 
     systems; or
       ``(B) nuclear warheads that are retired or awaiting 
     dismantlement on the date of the certification under 
     paragraph (1).
       ``(4) Additional views.--On the date on which the President 
     transmits to the congressional defense committees a report by 
     the Commander of the United States Strategic Command under 
     paragraph (2), the President may transmit to such committees 
     a report by the President with respect to whether the 
     recommended reductions covered by the report of the Commander 
     will impact the deterrence or extended deterrence 
     capabilities of the United States.''.

     SEC. 1035. STRATEGIC DELIVERY SYSTEMS.

       (a) In General.--Chapter 24 of title 10, United States 
     Code, as added by section 1031(b), is amended by inserting 
     after section 494, as added by section 1033(b)(1), the 
     following new section:

     ``Sec. 495. Strategic delivery systems

       ``(a) Annual Certification.--Beginning in fiscal year 2013, 
     the President shall annually certify in writing to the 
     congressional defense committees whether plans to modernize 
     or replace strategic delivery systems are fully funded at 
     levels equal to or more than the levels set forth in the 
     November 2010 update to the plan referred to in section 1251 
     of the National Defense Authorization Act for Fiscal Year 
     2010 (Public Law 111-84; 123 Stat. 2549), including plans 
     regarding--
       ``(1) a heavy bomber and air-launched cruise missile;
       ``(2) an intercontinental ballistic missile;
       ``(3) a submarine-launched ballistic missile;
       ``(4) a ballistic missile submarine; and

[[Page H6957]]

       ``(5) maintaining the nuclear command and control system 
     (as first reported under section 1043 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1576)).
       ``(b) Additional Report Matters Following Certain 
     Certifications.--If in any year before fiscal year 2020 the 
     President certifies under subsection (a) that plans to 
     modernize or replace strategic delivery systems are not fully 
     funded, the President shall include in the next annual report 
     transmitted to Congress under section 1043 of the National 
     Defense Authorization Act for Fiscal Year 2012 the following:
       ``(1) A determination of whether or not the lack of full 
     funding will result in a loss of military capability when 
     compared with the November 2010 update to the plan referred 
     to in section 1251 of the National Defense Authorization Act 
     for Fiscal Year 2010.
       ``(2) If the determination under paragraph (1) is that the 
     lack of full funding will result in a loss of military 
     capability--
       ``(A) a plan to preserve or retain the military capability 
     that would otherwise be lost; or
       ``(B) a report setting forth--
       ``(i) an assessment of the impact of the lack of full 
     funding on the strategic delivery systems specified in 
     subsection (a); and
       ``(ii) a description of the funding required to restore or 
     maintain the capability.
       ``(3) A certification by the President of whether or not 
     the President is committed to accomplishing the modernization 
     and replacement of strategic delivery systems and will meet 
     the obligations concerning nuclear modernization as set forth 
     in declaration 12 of the Resolution of Advice and Consent to 
     Ratification of the New START Treaty.
       ``(c) Prior Notification.--Not later than 60 days before 
     the date on which the President carries out any reduction to 
     the number of strategic delivery systems, the President 
     shall--
       ``(1) make the certification under subsection (a) for the 
     fiscal year for which the reductions are proposed to be 
     carried out;
       ``(2) transmit the additional report matters under 
     subsection (b) for such fiscal year, if such additional 
     report matters are so required; and
       ``(3) certify to the congressional defense committees that 
     the Russian Federation is in compliance with its arms control 
     obligations with the United States and is not engaged in 
     activity in violation of, or inconsistent with, such 
     obligations.
       ``(d) Treatment of Certain Reductions.--Any certification 
     under subsection (a) shall not take into account the 
     following:
       ``(1) Reductions made to ensure the safety, security, 
     reliability, and credibility of the nuclear weapons stockpile 
     and strategic delivery systems, including activities related 
     to surveillance, assessment, certification, testing, and 
     maintenance of nuclear warheads and delivery systems.
       ``(2) Strategic delivery systems that are retired or 
     awaiting dismantlement on the date of the certification under 
     subsection (a).
       ``(e) Definitions.--In this section:
       ``(1) The term `New START Treaty' means the Treaty between 
     the United States of America and the Russian Federation on 
     Measures for the Further Reduction and Limitation of 
     Strategic Offensive Arms, signed on April 8, 2010, and 
     entered into force on February 5, 2011.
       ``(2) The term `strategic delivery system' means a delivery 
     system for nuclear weapons.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 24 of such title is amended by inserting 
     after the item relating to section 494, as added by section 
     1033(b)(2), the following new item:

``495. Strategic delivery systems.''.

     SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF 
                   OTHER COUNTRIES.

       (a) In General.--Chapter 24 of title 10, United States 
     Code, as added by section 1031(b), is amended by inserting 
     after section 495, as added by section 1035(a), the following 
     new section:

     ``Sec. 496. Consideration of expansion of nuclear forces of 
       other countries

       ``(a) Report and Certification.--Not later than 60 days 
     before the President recommends any reductions to the nuclear 
     forces of the United States--
       ``(1) the President shall transmit to the appropriate 
     congressional committees a report detailing, for each country 
     with nuclear weapons, the high-, medium-, and low- confidence 
     assessment of the intelligence community (as defined in 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4))) with respect to--
       ``(A) the number of each type of nuclear weapons possessed 
     by such country;
       ``(B) the modernization plans for such weapons of such 
     country;
       ``(C) the production capacity of nuclear warheads and 
     strategic delivery systems (as defined in section 495(e)(2) 
     of this title) of such country;
       ``(D) the nuclear doctrine of such country; and
       ``(E) the impact of such recommended reductions on the 
     deterrence and extended deterrence capabilities of the United 
     States; and
       ``(2) the Commander of the United States Strategic Command 
     shall certify to the appropriate congressional committees 
     whether such recommended reductions in the nuclear forces of 
     the United States will--
       ``(A) impair the ability of the United States to address--
       ``(i) unplanned strategic or geopolitical events; or
       ``(ii) technical challenge; or
       ``(B) degrade the deterrence or assurance provided by the 
     United States to friends and allies of the United States.
       ``(b) Form.--The reports required by subsection (a)(1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(c) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means the following:
       ``(1) The congressional defense committees.
       ``(2) The Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 495, as added by section 1035(b), 
     the following new item:

``496. Consideration of expansion of nuclear forces of other 
              countries.''.

     SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND 
                   EXTENDED DETERRENCE POLICY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should pursue negotiations with the 
     Russian Federation aimed at the reduction of Russian deployed 
     and nondeployed nonstrategic nuclear forces;
       (2) nonstrategic nuclear weapons should be considered when 
     weighing the balance of the nuclear forces of the United 
     States and the Russian Federation;
       (3) any geographical relocation or storage of nonstrategic 
     nuclear weapons by the Russian Federation does not constitute 
     a reduction or elimination of such weapons;
       (4) the vast advantage of the Russian Federation in 
     nonstrategic nuclear weapons constitutes a threat to the 
     United States and its allies and a growing asymmetry in 
     Western Europe;
       (5) the forward-deployed nuclear forces of the United 
     States are an important contributor to the assurance of the 
     allies of the United States and constitute a check on 
     proliferation and a tool in dealing with neighboring states 
     hostile to the North Atlantic Treaty Organization (``NATO'');
       (6) the United States should maintain its commitment to 
     extended deterrence, specifically the nuclear alliance of 
     NATO, as an important component of ensuring and linking the 
     national security interests of the United States and the 
     security of its European allies;
       (7) forward-deployed nuclear forces of the United States 
     shall remain based in Europe in support of the nuclear policy 
     and posture of NATO subject to the policy and requirements of 
     NATO;
       (8) the presence of nuclear weapons of the United States in 
     Europe--combined with NATO's unique nuclear sharing 
     arrangements under which non-nuclear members participate in 
     nuclear planning and possess specially configured aircraft 
     capable of delivering nuclear weapons--provides reassurance 
     to allies and partners who feel exposed to regional threats; 
     and
       (9) only the President and Congress have the legal 
     authority over the nuclear forces of the United States and no 
     multilateral organization, not even NATO, can articulate a 
     declaratory policy concerning the use of nuclear weapons that 
     binds the United States.
       (b) Notification.--
       (1) In general.--Chapter 24 of title 10, United States 
     Code, as added by section 1031(b), is amended by inserting 
     after section 496, as added by section 1036(a), the following 
     new section:

     ``Sec. 497. Notification required for reduction, 
       consolidation, or withdrawal of nuclear forces based in 
       Europe

       ``(a) Notification.--Upon any decision to reduce, 
     consolidate, or withdraw the nuclear forces of the United 
     States that are based in Europe, the President shall transmit 
     to the appropriate congressional committees a notification 
     containing--
       ``(1) justification for such reduction, consolidation, or 
     withdrawal; and
       ``(2) an assessment of how member states of the North 
     Atlantic Treaty Organization, in light of such reduction, 
     consolidation, or withdrawal, assess the credibility of the 
     deterrence capability of the United States in support of its 
     commitments undertaken pursuant to article 5 of the North 
     Atlantic Treaty, signed at Washington, District of Columbia, 
     on April 4, 1949, and entered into force on August 24, 1949 
     (63 Stat. 2241; TIAS 1964).
       ``(b) Prior Notification Required.--
       ``(1) In general.--The President shall transmit the 
     notification required by subsection (a) by not later than 60 
     days before the date on which the President commences a 
     reduction, consolidation, or withdrawal of the nuclear forces 
     of the United States that are based in Europe described in 
     such notification.
       ``(2) Exception.--The limitation in paragraph (1) shall not 
     apply to a reduction, consolidation, or withdrawal of nuclear 
     weapons of the United States that are based in Europe made to 
     ensure the safety, security, reliability, and credibility of 
     such weapons.
       ``(c) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committees on Armed Services of the House of 
     Representatives and the Senate; and

[[Page H6958]]

       ``(2) the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating section 496, as added by section 1036(b), the 
     following new item:

``497. Notification required for reduction, consolidation, or 
              withdrawal of nuclear forces based in Europe.''.

     SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS STOCKPILE OF 
                   THE UNITED STATES.

       (a) In General.--Chapter 24 of title 10, United States 
     Code, as added by section 1031(b), is amended by inserting 
     after section 497, as added by section 1037(b)(1), the 
     following new section:

     ``Sec. 498 Unilateral change in nuclear weapons stockpile of 
       the United States

       ``(a) In General.--Other than pursuant to a treaty, if the 
     President has under consideration to unilaterally change the 
     size of the total stockpile of nuclear weapons of the United 
     States by more than 25 percent, prior to doing so the 
     President shall initiate a Nuclear Posture Review.
       ``(b) Terms of Reference.--Prior to the initiation of a 
     Nuclear Posture Review under this section, the President 
     shall determine the terms of reference for the Nuclear 
     Posture Review, which the President shall provide to the 
     congressional defense committees.
       ``(c) Nuclear Posture Review.--Upon completion of a Nuclear 
     Posture Review under this section, the President shall submit 
     the Nuclear Posture Review to the congressional defense 
     committees prior to implementing any change in the nuclear 
     weapons stockpile by more than 25 percent.
       ``(d) Construction.--This section shall not apply to 
     changes to the nuclear weapons stockpile resulting from 
     treaty obligations.
       ``(e) Form.--A Nuclear Posture Review under this section 
     shall be submitted in unclassified form, but may include a 
     classified annex.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating section 497, as added by section 1037(b)(2), 
     the following new item:

``498. Unilateral change in nuclear weapons stockpile of the United 
              States.''.

     SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES OF THE 
                   NUCLEAR WEAPONS COUNCIL.

       (a) Guidance on Nuclear Command, Control, and 
     Communications Systems.--Section 179(d) of title 10, United 
     States Code, is amended--
       (1) in paragraph (2), by inserting ``and alternatives'' 
     before the period;
       (2) in paragraph (3), by inserting ``and approving'' after 
     ``Coordinating'';
       (3) in paragraph (7)--
       (A) by striking ``broad'' and inserting ``specific''; and
       (B) by inserting before the period at the end the 
     following: ``and priorities among activities, including 
     production, surveillance, research, construction, and any 
     other programs within the National Nuclear Security 
     Administration'';
       (4) by redesignating paragraph (10) as paragraph (12); and
       (5) by inserting after paragraph (9) the following new 
     paragraph (10):
       ``(10) Coordinating and providing guidance and oversight on 
     nuclear command, control, and communications systems.''.
       (b) Budget and Funding Matters.--Section 179 of such title 
     is further amended--
       (1) in subsection (d), as amended by subsection (a), by 
     inserting after paragraph (10) the following new paragraph 
     (11):
       ``(11) Coordinating and approving the annual budget 
     proposals of the National Nuclear Security Administration.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Budget and Funding Matters.--(1) The Council shall 
     submit to Congress each year, at the same time the budget of 
     the President for the fiscal year beginning in such year is 
     submitted to Congress pursuant to section 1105(a) of title 
     31, a certification whether or not the amounts requested for 
     the National Nuclear Security Administration in such budget, 
     and anticipated over the four fiscal years following such 
     budget, meets nuclear stockpile and stockpile stewardship 
     program requirements for such fiscal year and over such four 
     fiscal years. If a member of the Council does not concur in a 
     certification, the certification shall include the reasons 
     for the member's non-concurrence.
       ``(2) If a House of Congress adopts a bill authorizing or 
     appropriating funds for the National Nuclear Security 
     Administration for nuclear stockpile and stockpile 
     stewardship program activities or other activities that, as 
     determined by the Council, provides insufficient funds for 
     such activities for the period covered by such bill, the 
     Council shall notify the congressional defense committees of 
     the determination.''.
       (c) Agenda of Meetings.--Section 179(b)(3) of such title is 
     amended by adding at the end the following: ``To the extent 
     possible, not later than seven days before a meeting, the 
     Chairman shall disseminate to each member of the Council the 
     agenda and documents for such meeting.''.

     SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY OF 
                   THE NATIONAL LABORATORIES.

       (a) Establishment.--Chapter 7 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 188. Interagency Council on the Strategic Capability 
       of the National Laboratories

       ``(a) Establishment.--There is an Interagency Council on 
     the Strategic Capability of the National Laboratories (in 
     this section referred to as the `Council').
       ``(b) Membership.--The membership of the Council is 
     comprised of the following:
       ``(1) The Secretary of Defense.
       ``(2) The Secretary of Energy.
       ``(3) The Secretary of Homeland Security.
       ``(4) The Director of National Intelligence.
       ``(5) The Administrator for Nuclear Security.
       ``(6) Such other officials as the President considers 
     appropriate.
       ``(c) Structure and Procedures.--The President may 
     determine the chair, structure, staff, and procedures of the 
     Council.
       ``(d) Responsibilities.--The Council shall be responsible 
     for the following matters:
       ``(1) Identifying and considering the science, technology, 
     and engineering capabilities of the national laboratories 
     that could be leveraged by each participating agency to 
     support national security missions.
       ``(2) Reviewing and assessing the adequacy of the national 
     security science, technology, and engineering capabilities of 
     the national laboratories for supporting national security 
     missions throughout the Federal Government.
       ``(3) Establishing and overseeing means of ensuring that--
       ``(A) capabilities identified by the Council under 
     paragraph (1) are sustained to an appropriate level; and
       ``(B) each participating agency provides the appropriate 
     level of institutional support to sustain such capabilities.
       ``(4) In accordance with acquisition rules regarding 
     federally funded research and development centers, 
     establishing criteria for when each participating agency 
     should seek to use the services of the national laboratories, 
     including the identification of appropriate mission areas and 
     capabilities.
       ``(5) Making recommendations to the President and Congress 
     regarding regulatory or statutory changes needed to better 
     support--
       ``(A) the strategic capabilities of the national 
     laboratories; and
       ``(B) the use of such laboratories by each participating 
     agency.
       ``(6) Other actions the Council considers appropriate with 
     respect to--
       ``(A) the sustainment of the national laboratories; and
       ``(B) the use of the strategic capabilities of such 
     laboratories.
       ``(e) Streamlined Process.--With respect to the 
     participating agency for which a member of the Council is the 
     head of, each member of the Council shall--
       ``(1) establish processes to streamline the consideration 
     and approval of procuring the services of the national 
     laboratories on appropriate matters; and
       ``(2) ensure that such processes are used in accordance 
     with the criteria established under subsection (d)(4).
       ``(f) Definitions.--In this section:
       ``(1) The term `participating agency' means a department or 
     agency of the Federal Government that is represented on the 
     Council by a member under subsection (b).
       ``(2) The term `national laboratories' means--
       ``(A) each national security laboratory (as defined in 
     section 3281(1) of the National Nuclear Security 
     Administration Act (50 U.S.C. 2471(1))); and
       ``(B) each national laboratory of the Department of 
     Energy.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 187 the following new item:

``188. Interagency Council on the Strategic Capability of the National 
              Laboratories.''.
       (c) Report.--
       (1) In general.--Not later than September 30, 2013, the 
     Interagency Council on the Strategic Capability of the 
     National Laboratories established under section 188 of title 
     10, United States Code, as added by subsection (a), shall 
     submit to the appropriate congressional committees a report 
     describing and assessing the following:
       (A) The actions taken to implement the requirements of such 
     section 188 and the charter titled ``Governance Charter for 
     an Interagency Council on the Strategic Capability of DOE 
     National Laboratories as National Security Assets'' signed by 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Homeland Security, and the Director of National 
     Intelligence in July 2010.
       (B) The effectiveness of the Council in accomplishing the 
     purpose and objectives of such section and such Charter.
       (C) Efforts to strengthen work-for-others programs at the 
     national laboratories.
       (D) Efforts to make work-for-others opportunities at the 
     national laboratories more cost-effective.
       (E) Ongoing and planned measures for increasing cost-
     sharing and institutional support investments at the national 
     laboratories from other agencies.
       (F) Any regulatory or statutory changes recommended to 
     improve the ability of such

[[Page H6959]]

     other agencies to leverage expertise and capabilities at the 
     national laboratories.
       (G) The strategic capabilities and core competencies of 
     laboratories and engineering centers operated by the 
     Department of Defense, including identification of mission 
     areas and functions that should be carried out by such 
     laboratories and engineering centers.
       (H) Consistent with the protection of sources and methods, 
     the level of funding and general description of programs that 
     were funded during fiscal year 2012 by--
       (i) the Department of Defense and carried out at the 
     national laboratories; and
       (ii) the Department of Energy and the national laboratories 
     and carried out at the laboratories and engineering centers 
     of the Department of Defense.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means the following:
       (A) The congressional defense committees.
       (B) The Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (C) The Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.
       (D) The Committee on Science, Space, and Technology of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       (E) The Permanent Select Committee on Intelligence of the 
     House of Representatives and the Select Committee on 
     Intelligence of the Senate.
       (d) Construction.--Nothing in section 188 of title 10, 
     United States Code, as added by subsection (a), shall be 
     construed to limit section 309 of the Homeland Security Act 
     of 2002 (6 U.S.C. 189).

     SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS.

       (a) Budget Requirements.--Section 1043 of the National 
     Defense Authorization Act for Fiscal Year 2012 (Public Law 
     112-81; 125 Stat. 1576) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by amending subparagraph (F) to read 
     as follows:
       ``(F) In accordance with paragraph (3), a detailed estimate 
     of the budget requirements associated with sustaining and 
     modernizing the nuclear deterrent of the United States and 
     the nuclear weapons stockpile of the United States, including 
     the costs associated with the plans outlined under 
     subparagraphs (A) through (E), over the 10-year period 
     following the date of the report, including the applicable 
     and appropriate costs associated with the procurement, 
     military construction, operation and maintenance, and 
     research, development, test, and evaluation accounts of the 
     Department of Defense.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Budget estimate contents and methodology.--Each 
     budget estimate under paragraph (2)(F) shall include a 
     detailed description of the costs included in such estimate 
     and the methodology used to create such estimate.''; and
       (2) by adding at the end the following new subsection:
       ``(c) Comptroller General Review.--The Comptroller General 
     of the United States shall--
       ``(1) review each report under subsection (a) for accuracy 
     and completeness with respect to the matters described in 
     paragraphs (2)(F) and (3) of such subsection; and
       ``(2) not later than 180 days after the date on which such 
     report under subsection (a) is submitted, submit to the 
     congressional defense committees a summary of each such 
     review.''.
       (b) CBO Estimate of Costs.--Not later than one year after 
     the date of the enactment of this Act, the Director of the 
     Congressional Budget Office shall submit to the congressional 
     defense committees a report setting forth the following:
       (1) An estimate of the costs over the 10-year period 
     beginning on the date of the report associated with fielding 
     and maintaining the current nuclear weapons and nuclear 
     weapon delivery systems of the United States.
       (2) An estimate of the costs over the 10-year period 
     beginning on the date of the report of any life extension, 
     modernization, or replacement of any current nuclear weapons 
     or nuclear weapon delivery systems of the United States that 
     is anticipated as of the date of the report.

     SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIREMENT OF 
                   STRATEGIC DELIVERY SYSTEMS.

       (a) Prior Notification.--The President shall ensure that 
     the Secretary of Defense submits to Congress the plan 
     required by section 1042(a) of the National Defense 
     Authorization Act of Fiscal Year 2012 (Public Law 112-81; 125 
     Stat. 1575) by not later than 60 days before the date on 
     which the President carries out any reduction, conversion, or 
     decommissioning of any strategic delivery system pursuant to 
     the levels set forth for such systems under the New START 
     Treaty.
       (b) Definitions.--In this section:
       (1) The term ``New START Treaty'' means the Treaty between 
     the United States of America and the Russian Federation on 
     Measures for the Further Reduction and Limitation of 
     Strategic Offensive Arms, signed on April 8, 2010, and 
     entered into force on February 5, 2011.
       (2) The term ``strategic delivery system'' means the 
     following delivery platforms for nuclear weapons:
       (A) Land-based intercontinental ballistic missiles.
       (B) Submarine-launched ballistic missiles and associated 
     ballistic missile submarines.
       (C) Nuclear-certified strategic bombers.
       (D) Nuclear-capable cruise missiles.

     SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTERCONTINENTAL 
                   BALLISTIC MISSILES OF THE UNITED STATES.

       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 on the requirements 
     necessary to ensure that the United States retains the 
     ability (and all of the related capabilities) to upload an 
     intercontinental ballistic missile with multiple nuclear 
     warheads in the event that operational requirements, 
     technical failures, or other decisions require such an 
     ability.

     SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPERABLE WARHEAD 
                   FOR CERTAIN MISSILE SYSTEMS.

       (a) Navy and Air Force Statements.--Not later than 75 days 
     after the date of the enactment of this Act, the Secretary of 
     the Navy and the Secretary of the Air Force shall each submit 
     separate statements to the Nuclear Weapons Council 
     established by section 179 of title 10, United States Code, 
     on--
       (1) plans related to a combined or interoperable warhead 
     for the W78 Minuteman III missile system and the W88 Trident 
     II D5 missile system; and
       (2) the views of the Secretary with respect to such 
     combined or interoperable warhead.
       (b) Report by Nuclear Weapons Council.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Nuclear Weapons Council shall 
     submit to the congressional defense committees a report 
     setting forth the requirements for a combined or 
     interoperable warhead for the W78 Minuteman III missile 
     system and the W88 Trident II D5 missile system.
       (2) Matters included.--The report under paragraph (1) shall 
     include--
       (A) the views of the Council with respect to the combined 
     or interoperable warhead; and
       (B) the unaltered statements of the Secretary of the Navy 
     and the Secretary of the Air Force submitted to the Council 
     under subsection (a).

     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.

       (a) Report on Capability of U.S. Conventional and Nuclear 
     Forces Against Certain Tunnel Sites.--
       (1) Report.--Not later than one year after the date of the 
     enactment of this Act, the Commander of the United States 
     Strategic Command shall submit to the appropriate 
     congressional committees a report on the underground tunnel 
     network used by the People's Republic of China with respect 
     to the capability of the United States to use conventional 
     and nuclear forces to neutralize such tunnels and what is 
     stored within such tunnels.
       (2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Assessment of Nuclear Weapons Program.--
       (1) In general.--The Secretary of Defense shall enter into 
     an agreement with a federally funded research and development 
     center to conduct an assessment of the nuclear weapons 
     program of the People's Republic of China.
       (2) Panel.--To conduct the assessment under paragraph (1), 
     the federally funded research and development center shall 
     convene a panel consisting of individuals who--
       (A) are nuclear weapons or military experts;
       (B) have significant experience and subject matter 
     expertise based on the service of the individual in the 
     Federal Government or the nuclear weapons laboratories; and
       (C) possess (or have recently possessed) the appropriate 
     security clearance required to access relevant classified 
     information of the intelligence community and the Department 
     of Energy.
       (3) Matters included.--The assessment under paragraph (1) 
     shall include the following:
       (A) An assessment of the nuclear deterrence strategy of 
     China, including a historical perspective and the assessed 
     geopolitical drivers of such strategy.
       (B) A detailed description of the nuclear arsenal of China, 
     including--
       (i) the capabilities of such arsenal;
       (ii) the number of nuclear weapons in such arsenal capable 
     of being delivered at intercontinental range; and
       (iii) any associated doctrines (including targeting 
     doctrines) relating to such arsenal.
       (C) A comparison of the nuclear forces of the United States 
     with the nuclear forces of China, including with respect to 
     nuclear forces that are deployed, in reserve, or awaiting 
     dismantlement.
       (D) Projections of the possible future nuclear arsenals of 
     China, including the capabilities and associated doctrines of 
     such arsenals.
       (E) A description of command and control functions and 
     gaps.
       (F) An assessment of the fissile material stockpile of 
     China and the civil and military production capabilities and 
     capacities.

[[Page H6960]]

       (G) An assessment of the production capacities of China for 
     nuclear weapons and nuclear weapon delivery vehicles.
       (H) A discussion of any significant uncertainties 
     surrounding the nuclear weapons program of China, including--
       (i) identification of the knowledge gaps regarding such 
     nuclear weapons program; and
       (ii) a discussion of the implications of any such gaps for 
     the security of the United States and the allies of the 
     United States.
       (I) Any recommendations to improve the understanding of the 
     United States with respect to the nuclear weapons program of 
     China.
       (4) Report.--Not later than August 15, 2013, the federally 
     funded research and development center shall submit to the 
     appropriate congressional committees a report on the 
     assessment conducted under paragraph (1).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the following:
       (1) The congressional defense committees.
       (2) The Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.

     SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE 
                   WESTERN PACIFIC REGION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of State, shall submit to the congressional defense 
     committees a report on the feasibility and strategic value of 
     deploying additional conventional and nuclear forces to the 
     Western Pacific region to ensure the presence of a robust 
     conventional and nuclear capability, including a forward-
     deployed nuclear capability, of the United States in response 
     to the ballistic missile and nuclear weapons developments of 
     North Korea and the other belligerent actions North Korea has 
     made against allies of the United States. The report shall 
     include an evaluation of any bilateral agreements, basing 
     arrangements, and costs that would be involved with such 
     additional deployments.

         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.

       (a) In General.--Section 4683 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(3)(A) In order to meet the needs of an eligible 
     organization with respect to performing funeral and other 
     ceremonies, if the Secretary determines appropriate, the 
     Secretary may--
       ``(i) loan or donate excess non-automatic service rifles to 
     an eligible organization; or
       ``(ii) authorize an eligible organization to retain non-
     automatic service rifles other than M-1 rifles.
       ``(B) Nothing in this paragraph shall be construed to 
     supersede any Federal law or regulation governing the use or 
     ownership of firearms.''; and
       (2) by striking the section heading and inserting the 
     following:

     ``Sec. 4683. Excess non-automatic service rifles: loan or 
       donation for funeral and other ceremonial purposes''.

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 443 of such title is amended by striking 
     the item relating to section 4683 and inserting the following 
     new item:

``4683. Excess non-automatic service rifles: loan or donation for 
              funeral and other ceremonial purposes.''.

     SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT 
                   SYSTEMS.

       (a) Findings on Joint Department of Defense Federal 
     Aviation Administration Executive Committee on Conflict and 
     Dispute Resolution.--Section 1036(a) of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 
     (Public Law 110-417; 122 Stat. 4596) is amended by adding at 
     the end the following new paragraph:
       ``(9) Collaboration of scientific and technical personnel 
     and sharing of technical information, test results, and 
     resources where available from the Department of Defense, the 
     Federal Aviation Administration, and the National Aeronautics 
     and Space Administration can advance an enduring relationship 
     of research capability to advance the access of unmanned 
     aircraft systems of the Department of Defense, the National 
     Aeronautics and Space Administration and other public 
     agencies to the National Airspace System.''.
       (b) Interagency Collaboration.--
       (1) In general.--The Secretary of Defense shall collaborate 
     with the Administrator of the Federal Aviation Administration 
     and the Administrator of the National Aeronautics and Space 
     Administration to conduct research and seek solutions to 
     challenges associated with the safe integration of unmanned 
     aircraft systems into the National Airspace System in 
     accordance with subtitle B of title III of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 126 
     Stat. 72).
       (2) Activities in support of plan on access to national 
     airspace for unmanned aircraft systems.--Collaboration under 
     paragraph (1) may include research and development of 
     scientific and technical issues, equipment, and technology in 
     support of the plan to safely accelerate the integration of 
     unmanned aircraft systems as required by subtitle B of title 
     III of the FAA Modernization and Reform Act of 2012.
       (3) Nonduplicative efforts.--If the Secretary of Defense 
     determines it is in the interest of the Department of 
     Defense, the Secretary may use existing aerospace-related 
     laboratories, personnel, equipment, research radars, and 
     ground facilities of the Department of Defense to avoid 
     duplication of efforts in carrying out collaboration under 
     paragraph (1).
       (4) Reports.--
       (A) Requirement.--The Secretary of Defense, on behalf of 
     the UAS Executive Committee, shall annually submit to the 
     congressional defense committees, the Committee on 
     Transportation and Infrastructure, and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the progress of 
     research activity of the Department of Defense, including--
       (i) progress in accomplishing the goals of the unmanned 
     aircraft systems research, development, and demonstration as 
     related to the Department of Defense Final Report to Congress 
     on Access to National Airspace for Unmanned Aircraft Systems 
     of October 2010, and any ongoing and collaborative research 
     and development programs with the Federal Aviation 
     Administration and the National Aeronautics and Space 
     Administration;
       (ii) estimates of long-term funding needs and details of 
     funds expended and allocated in the budget requests of the 
     President that support integration into the National 
     Airspace; and
       (iii) progress in sharing with the Federal Aviation 
     Administration safety operational and performance data as it 
     relates to unmanned aircraft system operation and the impact 
     on the National Airspace System.
       (B) Termination.--The requirement to submit a report under 
     subparagraph (A) shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
       (c) UAS Executive Committee Defined.--In this section, the 
     term ``UAS Executive Committee'' means the National 
     Aeronautics and Space and Administration and the Department 
     of Defense-Federal Aviation Administration executive 
     committee described in section 1036(b) of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 and 
     established by the Secretary of Defense and the Administrator 
     of the Federal Aviation Administration.
       (d) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.

     SEC. 1053. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT 
                   AMBUSH-PROTECTED VEHICLES AND SPARE PARTS.

       (a) Authority.--The Secretary of Defense is authorized to 
     transfer surplus Mine-Resistant Ambush-Protected vehicles, 
     including spare parts for such vehicles, to non-profit United 
     States humanitarian demining organizations for purposes of 
     demining activities and training of such organizations.
       (b) Terms and Conditions.--Any transfer of vehicles or 
     spare parts under subsection (a) shall be subject to the 
     following terms and conditions:
       (1) The transfer shall be made on a loan basis.
       (2) The costs of operation and maintenance of the vehicles 
     shall be borne by the recipient organization.
       (3) Any other terms and conditions as the Secretary of 
     Defense determines to be appropriate.
       (c) Notification.--The Secretary of Defense shall notify 
     the congressional defense committees in writing not less than 
     60 days before making any transfer of vehicles or spare parts 
     under subsection (a). Such notification shall include the 
     name of the organization, the number and model of the vehicle 
     to be transferred, a listing of any spare parts to be 
     transferred, and any other information the Secretary 
     considers appropriate.

     SEC. 1054. NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF 
                   DEFENSE NONDISCLOSURE AGREEMENTS.

       (a) Notice Required.--The Secretary of Defense shall submit 
     to the congressional defense committees notice of any request 
     or requirement for members of the Armed Forces or civilian 
     employees of the Department of Defense to enter into 
     nondisclosure agreements that could restrict the ability of 
     such members or employees to communicate with Congress. Each 
     such notice shall include the following:
       (1) The basis in law for the agreement.
       (2) An explanation for the restriction of the ability to 
     communicate with Congress.
       (3) A description of the category of individuals requested 
     or required to enter into the agreement.
       (4) A copy of the language contained in the agreement.
       (b) Timing of Notification.--
       (1) Requests or requirements before date of enactment.--In 
     the case of nondisclosure agreements described in subsection 
     (a) that members or employees were first requested or 
     required to enter into on or before the date of the enactment 
     of this Act, the notice required by subsection (a) shall be 
     submitted not later than 60 days after the date of enactment.
       (2) Requests or requirements after date of enactment.--In 
     the case of nondisclosure agreements described in subsection 
     (a) that members or employees were first requested or 
     required to enter into after the date of the enactment of 
     this Act, the notice required by subsection (a) shall be 
     submitted not later

[[Page H6961]]

     than 30 days after the date on which the Secretary first 
     requests or requires that the members or employees enter into 
     the agreements.

     SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS 
                   GUARANTEES TO CARRIERS PARTICIPATING IN CIVIL 
                   RESERVE AIR FLEET.

       (a) Extension.--Subsection (k) of section 9515 of title 10, 
     United States Code, is amended by striking ``December 31, 
     2015'' and inserting ``December 31, 2020''.
       (b) Application to All Segments of CRAF.--Such section is 
     further amended--
       (1) in subsection (a)(3), by striking ``passenger''; and
       (2) in subsection (j), by striking ``, except that it only 
     means such transportation for which the Secretary of Defense 
     has entered into a contract for the purpose of passenger 
     travel''.

     SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF LEASE FOR 
                   AIRCRAFT SUPPORTING THE BLUE DEVIL 
                   INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE 
                   PROGRAM.

       (a) In General.--Notwithstanding section 2401 of title 10, 
     United States Code, the Secretary of the Air Force may extend 
     or renew the lease of aircraft supporting the Blue Devil 
     intelligence, surveillance, and reconnaissance program after 
     the date of the expiration of the current lease of such 
     aircraft for a term that is the shorter of--
       (1) the period beginning on the date of the expiration of 
     the current lease and ending on the date on which the 
     Commander of the United States Central Command notifies the 
     Secretary that a substitute is available for the capabilities 
     provided by the lease, or that the capabilities provided by 
     such aircraft are no longer required; or
       (2) six months.
       (b) Funding.--Amounts authorized to be appropriated for 
     fiscal year 2013 by title XV and available for Overseas 
     Contingency Operations for operation and maintenance as 
     specified in the funding tables in section 4302 may be 
     available for the extension or renewal of the lease 
     authorized by subsection (a).

     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.

       Section 1062(c) of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383; 
     124 Stat. 4363) is amended--
       (1) in paragraph (1)(B), by striking ``; or'' and inserting 
     a semicolon;
       (2) in paragraph (2), by striking ``others.'' and inserting 
     ``others; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) authorize a health professional that is a member of 
     the Armed Forces or a civilian employee of the Department of 
     Defense or a commanding officer to inquire if a member of the 
     Armed Forces plans to acquire, or already possesses or owns, 
     a privately-owned firearm, ammunition, or other weapon, if 
     such health professional or such commanding officer has 
     reasonable grounds to believe such member is at risk for 
     suicide or causing harm to others.''.

     SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING 
                   ANALYSIS CENTER.

       It is the sense of Congress that the Joint Warfighting 
     Analysis Center (JWAC) should have adequate resources to meet 
     the continuing requirements of the combatant commands.

     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.

       (a) Limitation on Retirements.--During fiscal year 2013, 
     the Secretary of the Air Force shall retain an additional 32 
     fixed-wing, intra-theater airlift aircraft beyond the number 
     of such aircraft proposed to be retained in the Secretary's 
     total force structure proposal provided to the congressional 
     defense committees on November 2, 2012.
       (b) Incorporation of Concept of Employment.--Not later than 
     June 1, 2013, the Secretary of the Air Force shall ensure 
     that the concept of employment for the Department of the Air 
     Force direct support of Department of the Army time sensitive 
     or mission critical intra-theater airlift mission, as agreed 
     to by the Vice Chiefs of Staff of the Air Force and the Army 
     by memorandum of agreement dated September 13, 2009, and 
     agreed to by the Chiefs of Staff of the Air Force and the 
     Army and the Vice Chairman of the Joint Chiefs of Staff, by 
     memorandum of understanding dated January 27, 2012, is wholly 
     incorporated into Department of the Air Force doctrine, 
     strategy, tactics, and modeling and the Air Force core 
     capabilities of agile combat support and rapid global 
     mobility operations.

                    Subtitle G--Studies and Reports

     SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Guidance Required.--Not later than January 1, 2013, the 
     Secretary of Defense shall review and update Department of 
     Defense guidance related to electronic warfare to ensure that 
     oversight roles and responsibilities within the Department 
     related to electronic warfare policy and programs are clearly 
     defined. Such guidance shall clarify, as appropriate, the 
     roles and responsibilities related to the integration of 
     electronic warfare matters and cyberspace operations.
       (b) Plan Required.--Not later than October 1, 2013, the 
     Commander of the United States Strategic Command shall update 
     and issue guidance regarding the responsibilities of the 
     Command with regard to joint electronic warfare capabilities. 
     Such guidance shall--
       (1) define the role and objectives of the Joint 
     Electromagnetic Spectrum Control Center or any other center 
     established in the Command to provide governance and 
     oversight of electronic warfare matters; and
       (2) include an implementation plan outlining tasks, 
     metrics, and timelines to establish such a center.
       (c) Additional Reporting Requirements.--Section 1053(b)(1) 
     of the National Defense Authorization Act for Fiscal Year 
     2010 (Public Law 111-84; 123 Stat. 2459) is amended--
       (1) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (C), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(D) performance measures to guide the implementation of 
     such strategy;
       ``(E) an identification of resources and investments 
     necessary to implement such strategy; and
       ``(F) an identification of the roles and responsibilities 
     within the Department to implement such strategy.''.

     SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND 
                   LIMITATIONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall provide to the congressional defense committees a 
     report outlining operational capabilities, limitations, and 
     shortfalls within the Department of Defense with respect to 
     counterproliferation and combating weapons of mass 
     destruction involving special operations forces and key 
     enabling forces.
       (b) Elements.--The report required under subsection (a) 
     shall include each of the following elements:
       (1) An overview and assessment of current 
     counterproliferation and combating weapons of mass 
     destruction capabilities, capacity, and limitations of 
     special operations forces and key enabling capabilities 
     provided by other supporting elements of the Department of 
     Defense and other Government agencies.
       (2) An assessment of the unique capabilities of special 
     operations forces to counter a proliferant's ability to 
     develop weapons of mass destruction, including all phases of 
     weaponization.
       (3) An overview and assessment of current and future 
     training requirements and gaps, including the adequacy and 
     availability of training facilities relative to paragraphs 
     (1) and (2).
       (4) An assessment of technical capability gaps relative to 
     paragraphs (1) and (2), including an identification of any 
     gaps that are unique to special operations forces.
       (5) An assessment of interagency coordination capabilities 
     and gaps, including intelligence support to countering 
     weapons of mass destruction.
       (6) An assessment of current international bilateral and 
     multilateral partnerships and the limitations of such 
     partnerships, including an assessment of existing authorities 
     to build partnership capacity in countering weapons of mass 
     destruction unique to special operations forces.
       (7) A description of efforts to address the limitations and 
     gaps referred to in paragraphs (1) through (6), including 
     timelines and requirements to address such limitations and 
     such gaps.
       (8) Any other matters the Secretary considers appropriate.

     SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to 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 a report that sets forth the 
     following:
       (1) An assessment of the feasibility and advisability of 
     obtaining a Federal Aviation Administration certification for 
     commercial use of each of the following:
       (A) A commercial variant of the C-17 aircraft.
       (B) A retired C-17A aircraft.
       (C) A retired C-5A aircraft.
       (2) An assessment of the current limitations of the 
     aircraft of the Civil Reserve Air Fleet.
       (3) An assessment of the potential for using the aircraft 
     referred to in paragraph (1) in the Civil Reserve Air Fleet.
       (4) An assessment of the advantages of adding the aircraft 
     referred to in paragraph (1) to the Civil Reserve Air Fleet.
       (5) An update on the status of any cooperation between the 
     Federal Aviation Administration and the Department of Defense 
     on the certification of the aircraft referred to in paragraph 
     (1).
       (6) A description of all actions required, including any 
     impediments to such actions, to offering retired C-5A 
     aircraft or retired C-17A aircraft as excess defense articles 
     to United States allies or for sale to Civil Reserve Air 
     Fleet carriers.

[[Page H6962]]

       (7) A description of the actions required for interested 
     allies or Civil Reserve Air Fleet carriers to take delivery 
     of excess C-5A aircraft or excess C-17A aircraft, including 
     the actions, modifications, or demilitarization necessary for 
     such recipients to take delivery of such aircraft, and 
     provisions for permitting such recipients to undertake 
     responsibility for such actions, to the maximum extent 
     practicable.

     SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL 
                   POSITIONING SYSTEM.

       Section 2281 of title 10, United States Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsection (e) as subsection (d).

     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.

       (a) In General.--Section 234 of the National Defense 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367) is 
     amended to read as follows:

     ``SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO 
                   WEAPONS OF MASS DESTRUCTION AND THE THREAT 
                   POSED BY WEAPONS OF MASS DESTRUCTION, BALLISTIC 
                   MISSILES, AND CRUISE MISSILES.

       ``(a) Annual Report.--Not later than January 30 of each 
     year, the Secretary of Defense, in consultation with the 
     Director of National Intelligence, shall submit to the 
     appropriate congressional committees a report on the 
     following:
       ``(1) The threats posed to the United States and allies of 
     the United States--
       ``(A) by weapons of mass destruction, ballistic missiles, 
     and cruise missiles; and
       ``(B) by the proliferation of weapons of mass destruction, 
     ballistic missiles, and cruise missiles.
       ``(2) The acquisition by foreign countries during the 
     preceding 12 months of dual-use and other technology useful 
     for the development or production of weapons of mass 
     destruction (including nuclear weapons, chemical weapons, and 
     biological weapons) and advanced conventional munitions.
       ``(3) Any trends with respect to the acquisition described 
     in paragraph (2).
       ``(b) Matters Included.--Each report submitted under 
     subsection (a) shall include the following:
       ``(1) Identification of each foreign country and non-State 
     organization that possesses weapons of mass destruction, 
     ballistic missiles, or cruise missiles, and a description of 
     such weapons and missiles with respect to each such foreign 
     country and non-State organization.
       ``(2) A description of the means by which any foreign 
     country and non-State organization that has achieved, or is 
     making progress toward achieving, capability with respect to 
     weapons of mass destruction, ballistic missiles, or cruise 
     missiles has achieved, or is making progress toward 
     achieving, that capability, including a description of the 
     international network of foreign countries and private 
     entities that provide assistance to foreign countries and 
     non-State organizations in achieving that capability.
       ``(3) An examination of the doctrines that guide the use of 
     weapons of mass destruction in each foreign country that 
     possesses such weapons.
       ``(4) An examination of the existence and implementation of 
     the control mechanisms that exist with respect to nuclear 
     weapons in each foreign country that possesses such weapons.
       ``(5) Identification of each foreign country and non-State 
     organization that seeks to acquire or develop (indigenously 
     or with foreign assistance) weapons of mass destruction, 
     ballistic missiles, or cruise missiles, and a description of 
     such weapons and missiles with respect to each such foreign 
     country and non-State organization.
       ``(6) An assessment of various possible timelines for the 
     achievement by foreign countries and non-State organizations 
     of capability with respect to weapons of mass destruction, 
     ballistic missiles, and cruise missiles, taking into account 
     the probability of whether foreign countries that are a party 
     to the Missile Technology Control Regime will comply with and 
     enforce the regime, the potential availability of assistance 
     from foreign technical specialists, and the potential for 
     independent sales by foreign private entities without 
     authorization from their national governments.
       ``(7) For each foreign country or non-State organization 
     that has not achieved the capability to target the United 
     States or its territories with weapons of mass destruction, 
     ballistic missiles, or cruise missiles as of the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2013, an estimate of how far in advance the 
     United States is likely to be warned before such foreign 
     country or non-State organization achieves that capability.
       ``(8) For each foreign country or non-State organization 
     that has not achieved the capability to target members of the 
     Armed Forces of the United States deployed abroad with 
     weapons of mass destruction, ballistic missiles, or cruise 
     missiles as of the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013, an estimate 
     of how far in advance the United States is likely to be 
     warned before such foreign country or non-State organization 
     achieves that capability.
       ``(c) Classification.--Each report submitted under 
     subsection (a) shall be submitted in unclassified form, but 
     may include a classified annex.
       ``(d) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means the following:
       ``(1) The congressional defense committees.
       ``(2) The congressional intelligence committees (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     401a)).
       ``(3) The Speaker and the minority leader of the House of 
     Representatives and the majority leader and the minority 
     leader of the Senate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85) is amended by striking 
     the item relating to section 234 and inserting the following 
     new item:

``Sec. 234. Reports on acquisition of technology relating to weapons of 
              mass destruction and the threat posed by weapons of mass 
              destruction, ballistic missiles, and cruise missiles.''.
       (c) Conforming Repeal.--Section 721 of the Intelligence 
     Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is 
     repealed.

     SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED STATES 
                   ARMY.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the Army shall 
     submit to Congress a report on the force structure of the 
     Army.
       (b) Elements of Report.--The report required under 
     subsection (a) shall include each of the following:
       (1) A description of the planning assumptions and scenarios 
     used to determine the size and force structure of the United 
     States Army, including the reserve component, for the Future 
     Years Defense Program for fiscal years 2014 through 2018.
       (2) An evaluation of the adequacy of the proposed force 
     structure for meeting the goals of the national military 
     strategy of the United States.
       (3) A description of any alternative force structures 
     considered, including the assessed advantages and 
     disadvantages of each and a brief explanation of why those 
     not selected were rejected.
       (4) The estimated resource requirements of each of the 
     alternative force structures referred to in paragraph (3).
       (5) An independent risk assessment of the proposed Army 
     force structure, to be conducted by the Chief of Staff of the 
     Army.
       (6) Such other information as the Secretary of the Army 
     determines is appropriate.
       (c) Classified Annex.--The report required by subsection 
     (a) shall be in unclassified form but may include a 
     classified annex.

     SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES AT SPACE 
                   AND NAVAL WARFARE SYSTEMS COMMAND.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Navy shall submit to the 
     congressional defense committees a report on plans to 
     implement efficiency initiatives to reduce overhead costs at 
     all echelons of the Space and Naval Warfare Systems Command 
     (SPAWAR), including a detailed description of the long-term 
     impacts on current and planned future mission requirements.

     SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY TO EXECUTE 
                   UNITED STATES FORCE POSTURE STRATEGY IN THE 
                   ASIA PACIFIC REGION.

       (a) Review Required.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     conduct a comprehensive review of the national defense 
     strategy, force structure, force modernization plans, 
     infrastructure, budget plan, and other elements of the 
     defense program and policies of the United States with regard 
     to the Asia Pacific region to determine the resources, 
     equipment, and transportation required to meet the strategic 
     and operational plans of the United States.
       (2) Elements.--The review required under paragraph (1) 
     shall include the following elements:
       (A) The force structure, force modernization plans, 
     infrastructure, budget plan, and other elements of the 
     defense program of the United States associated with the Asia 
     Pacific region that would be required to execute successfully 
     the full range of missions called for in the national defense 
     strategy.
       (B) An estimate of the timing for initial and final 
     operational capability for each unit based in, realigned 
     within, or identified for support to the Asia Pacific region.
       (C) An assessment of the strategic and tactical sea, 
     ground, and air transportation required for the forces 
     assigned to the Asia Pacific region to meet strategic and 
     operational plans.
       (D) The specific capabilities, including the general number 
     and type of specific military platforms, their permanent 
     station, and planned forward operating locations needed to 
     achieve the strategic and warfighting objectives identified 
     in the review.
       (E) The forward presence, phased deployments, pre-
     positioning, and other anticipatory deployments of manpower 
     or military equipment necessary for conflict deterrence and 
     adequate military response to anticipated conflicts.
       (F) The budget plan that would be required to provide 
     sufficient resources to execute successfully the full range 
     of missions and

[[Page H6963]]

     phased operations in the Asia Pacific region at a low-to-
     moderate level of risk and any additional resources (beyond 
     those programmed in the current future-years defense program) 
     required to achieve such a level of risk.
       (G) Budgetary recommendations that are not constrained to 
     comply with and are fully independent of the budget submitted 
     to Congress by the President pursuant to section 1105 of 
     title 31, United States Code.
       (b) CJCS Review.--Upon the completion of the review under 
     subsection (a), the Chairman of the Joint Chiefs of Staff 
     shall prepare and submit to the Secretary of Defense the 
     Chairman's assessment of the review, including the Chairman's 
     assessment of risk and a description of the capabilities 
     needed to address such risk.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the results of the review required under subsection (a).
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) A description of the elements set forth under 
     subsection (a)(1).
       (B) A description of the assumptions used in the 
     examination, including assumptions relating to--
       (i) the status of readiness of the Armed Forces;
       (ii) the cooperation of allies and partners, mission-
     sharing, and additional benefits to and burdens on the Armed 
     Forces resulting from coalition operations;
       (iii) warning times;
       (iv) levels of engagement in operations other than war and 
     smaller-scale contingencies and withdrawal from such 
     operations and contingencies;
       (v) the intensity, duration, and military and political 
     end-states of conflicts and smaller-scale contingencies; and
       (vi) the roles and responsibilities that would be 
     discharged by contractors.
       (C) Any other matters the Secretary of Defense considers 
     appropriate.
       (D) The full and complete assessment of the Chairman of the 
     Joint Chiefs of Staff under subsection (b), including related 
     comments of the Secretary of Defense.
       (3) Form.--The report required under paragraph (1) may be 
     submitted in classified or unclassified form.

     SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES 
                   STUDY.

       (a) In General.--Not later than two years after the date of 
     the enactment of this Act, the Secretary of the Interior, 
     acting through the Director of the United States Geological 
     Survey, shall complete a study of water resources in the 
     Rialto-Colton Basin in the State of California (in this 
     section referred to as the ``Basin''), including--
       (1) a survey of ground water resources in the Basin, 
     including an analysis of--
       (A) the delineation, either horizontally or vertically, of 
     the aquifers in the Basin, including the quantity of water in 
     the aquifers;
       (B) the availability of ground water resources for human 
     use;
       (C) the salinity of ground water resources;
       (D) the identification of a recent surge in perchlorate 
     concentrations in ground water, whether significant sources 
     are being flushed through the vadose zone, or if perchlorate 
     is being remobilized;
       (E) the identification of impacts and extents of all source 
     areas that contribute to the regional plume to be fully 
     characterized;
       (F) the potential of the ground water resources to 
     recharge;
       (G) the interaction between ground water and surface water;
       (H) the susceptibility of the aquifers to contamination, 
     including identifying the extent of commingling of plume 
     emanating within surrounding areas in San Bernardino County, 
     California; and
       (I) any other relevant criteria; and
       (2) a characterization of surface and bedrock geology of 
     the Basin, including the effect of the geology on ground 
     water yield and quality.
       (b) Coordination.--The Secretary shall carry out the study 
     in coordination with the State of California and any other 
     entities that the Secretary determines to be appropriate, 
     including other Federal agencies and institutions of higher 
     education.
       (c) Report.--Upon completion of the study, the Secretary 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes the results 
     of the study.

     SEC. 1070. REPORTS ON THE POTENTIAL SECURITY THREAT POSED BY 
                   BOKO HARAM.

       (a) Director of National Intelligence Report.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Director of National Intelligence shall submit to 
     Congress a classified intelligence assessment of the Nigerian 
     organization known as Boko Haram. Such assessment shall 
     address the following:
       (1) The organizational structure, operational goals, and 
     funding sources of Boko Haram.
       (2) The extent to which Boko Haram threatens the stability 
     of Nigeria and surrounding countries.
       (3) The extent to which Boko Haram threatens the security 
     of citizens of the United States or the national security or 
     interests of the United States.
       (4) Any interaction between Boko Haram and al-Qaeda in the 
     Islamic Maghreb or other al-Qaeda affiliates with respect to 
     operational planning and execution, training, and funding.
       (5) The capacity of Nigerian security forces to counter the 
     threat posed by Boko Haram and an assessment of the 
     effectiveness of the strategy of the Nigerian government to 
     date.
       (6) Any intelligence gaps with respect to the leadership, 
     operational goals, and capabilities of Boko Haram.
       (b) Secretary of State and Secretary of Defense Joint 
     Report.--Not later than 90 days after the date on which the 
     report required by subsection (a) is submitted to Congress, 
     the Secretary of State and the Secretary of Defense shall 
     jointly submit to Congress a classified report describing the 
     strategy of the United States to counter the 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.

       (a) Study Required.--The Director of the Office of Science 
     and Technology Policy, working with the Secretary of Defense 
     and the Administrator of the National Aeronautics and Space 
     Administration (NASA), shall conduct a study on the ability 
     of the national test and evaluation infrastructure, including 
     ground test facilities and open air ranges of the Department 
     of Defense, and leveraging NASA and private facilities, when 
     appropriate, to effectively and efficiently mature hypersonic 
     technologies for defense systems development in the short and 
     long term.
       (b) Report and Plan.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     containing the results of the study required under subsection 
     (a) together with a plan for requirements and proposed 
     investments to meet Department of Defense needs through 2030.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) An assessment of the current condition and adequacy of 
     the hypersonics test and evaluation infrastructure within the 
     Department of Defense, NASA, and the private sector to 
     support hypersonic research and development within the 
     Department of Defense.
       (B) An identification of test and evaluation infrastructure 
     outside the Department of Defense that could be used to 
     support Department of Defense hypersonic research and 
     development and assess means to ensure the availability of 
     such capabilities to the Department in the present and 
     future.
       (C) A time-phased plan to acquire required hypersonics 
     research, development, test and evaluation capabilities, 
     including identification of the resources necessary to 
     acquire any needed capabilities that are currently not 
     available.
       (D) Other matters the Secretary determines are appropriate.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.

                       Subtitle H--Other Matters

     SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Amendments to National Defense Authorization Act for 
     Fiscal Year 2012.--Effective as of December 31, 2011, and as 
     if included therein as enacted, the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81) is 
     amended as follows:
       (1) Section 243(d) (125 Stat. 1344) is amended by striking 
     ``paragraph'' and inserting ``subsection''.
       (2) Section 323(b) (125 Stat. 1362) is amended by striking 
     ``Section 328(b)(A)'' and inserting ``Section 328(b)(2)(A)''.
       (3) Section 541(b) (125 Stat. 1407) is amended by striking 
     ``, as amended by subsection (a),''.
       (4) Section 589(b) (125 Stat. 1438) is amended by striking 
     ``section 717'' and inserting ``section 2564''.
       (5) Section 602(a)(2) (125 Stat. 1447) is amended by 
     striking ``repairs,'' and inserting ``repairs''.
       (6) Section 631(e)(28)(A) (125 Stat. 1464) is amended by 
     striking ``before `In addition' '' and inserting ``before 
     `Under regulations' ''.
       (7) Section 631(f)(2) (125 Stat. 1464) is amended by 
     striking ``table of chapter'' and inserting ``table of 
     chapters''.
       (8) Section 631(f)(3)(B) (125 Stat. 1465) is amended by 
     striking ``chapter 9'' and inserting ``chapter 10''.
       (9) Section 631(f)(4) (125 Stat. 1465) is amended by 
     striking ``subsection (c)'' both places it appears and 
     inserting ``subsection (d)''.
       (10) Section 801 (125 Stat. 1482) is amended--
       (A) in subsection (a)(1)(B), by striking ``paragraphs (6) 
     and (7)'' and inserting ``paragraphs (5) and (6)'';
       (B) in subsection (a)(2), in the matter proposed to be 
     inserted as a new paragraph, by

[[Page H6964]]

     striking the double closing quotation marks after 
     ``capabilities'' and inserting a single closing quotation 
     mark; and
       (C) in subsection (e)(1)(A), by striking ``Point'' in the 
     matter proposed to be struck and inserting ``Point A''.
       (11) Section 806(d) (125 Stat. 1487) is amended by striking 
     ``paragraph (2)'' and inserting ``subsection (c)(2)''.
       (12) Section 832(b)(1) (125 Stat. 1504) is amended by 
     striking ``Defenese'' and inserting ``Defense''.
       (13) Section 855 (125 Stat. 1521) is amended by striking 
     ``Section 139e(b)(12)'' and inserting ``Section 
     139c(b)(12)''.
       (14) Section 864(a)(2) (125 Stat. 1522) is amended by 
     striking ``for Acquisition Workforce Programs'' in the matter 
     proposed to be struck.
       (15) Section 864(d)(2) (125 Stat. 1525) is amended to read 
     as follows:
       ``(2) in paragraph (6), by striking `ensure that amounts 
     collected' and all that follows through the end of the 
     paragraph (as amended by section 526 of division C of Public 
     Law 112-74 (125 Stat. 914)) and inserting `ensure that 
     amounts collected under this section are not used for a 
     purpose other than the activities set forth in section 
     1201(a) of this title.'.''.
       (16) Section 866(a) (125 Stat. 1526) is amended by striking 
     ``September 30'' in the matter proposed to be struck and 
     inserting ``December 31''.
       (17) Section 867 (125 Stat. 1526) is amended--
       (A) in paragraph (1), by striking ``2010'' in the matter 
     proposed to be struck and inserting ``2011''; and
       (B) in paragraph (2), by striking ``2013'' in the matter 
     proposed to be struck and inserting ``2014''.
       (18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 2330 note) 
     is amended by striking ``of this title'' in the matter 
     proposed to be inserted and inserting ``of title 10, United 
     States Code''.
       (19) Section 1045(c)(1) (125 Stat. 1577) is amended by 
     striking ``described in subsection (b)'' and inserting 
     ``described in paragraph (2)''.
       (20) Section 1067 (125 Stat. 1589) is amended--
       (A) by striking subsection (a); and
       (B) by striking the subsection designation and the 
     subsection heading of subsection (b).
       (21) Section 2702 (125 Stat. 1681) is amended--
       (A) in the section heading, by striking ``authorized'' and 
     inserting ``authorization of appropriations for''; and
       (B) by striking ``Using amounts'' and all that follows 
     through ``may carry out'' and inserting ``Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2011, for''.
       (22) Section 2815(c) (125 Stat. 1689) is amended by 
     inserting ``subchapter III of'' before ``chapter 169''.
       (b) Amendments to Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011.--Effective as of 
     January 7, 2011, and as if included therein as enacted, the 
     Ike Skelton National Defense Authorization Act for Fiscal 
     Year 2011 (Public Law 111-383) is amended as follows:
       (1) Section 358(c)(3) (124 Stat. 4199) is amended by 
     striking ``fulfil'' and inserting ``fulfill''.
       (2) Section 533(b) (124 Stat. 4216) is amended by inserting 
     ``Section'' before ``1559(a)''.
       (3) Section 896(a) (124 Stat. 4314) is amended by striking 
     ``Chapter 7'' and inserting ``Chapter 4''.
       (4) Section 1075(b)(50)(C) (124 Stat. 4371) is amended by 
     striking ``subsection (j)(1)'' and inserting ``subsection 
     (j)''.
       (5) Section 1203(a) (124 Stat. 4386) is amended in the 
     matter preceding paragraph (1) by striking ``Fiscal Year 
     2009'' and inserting ``Fiscal Year 2008''.
       (c) Amendments to Reflect Redesignation of Certain 
     Positions in Office of Secretary of Defense.--
       (1) Assistant secretary of defense for nuclear, chemical, 
     and biological defense programs.--Section 1605(a)(5) of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 22 U.S.C. 2751 note) is amended by 
     striking ``The Assistant to the Secretary of Defense for 
     Nuclear and Chemical and Biological Defense Programs'' and 
     inserting ``The Assistant Secretary of Defense for Nuclear, 
     Chemical, and Biological Defense Programs''.
       (2)  Assistant secretary of defense for research and 
     engineering.--
       (A) The following provisions are amended by striking 
     ``Director of Defense Research and Engineering'' and 
     inserting ``Assistant Secretary of Defense for Research and 
     Engineering'':
       (i) Sections 2362(a)(1) and 2521(e)(5) of title 10, United 
     States Code.
       (ii) Section 241(c) of the National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2521 
     note).
       (iii) Section 212(b) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 10 U.S.C. 2358 note).
       (iv) Section 246(d)(1) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     10 U.S.C. 2358 note).
       (v) Section 257(a) of the National Defense Authorization 
     Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 
     note).
       (vi) Section 1101(b)(1)(D) of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261; 5 U.S.C. 3104 note).
       (vii) Section 802(g)(1)(B)(ii) of the Higher Education 
     Opportunity Act (20 U.S.C. 9631(g)(1)(B)(ii)).
       (B) Section 2365 of title 10, United States Code, is 
     amended--
       (i) in subsection (a), by inserting ``of Defense for 
     Research and Engineering'' after ``Assistant Secretary''; and
       (ii) in subsection (d)(3)(A), by striking ``Director'' and 
     inserting ``Assistant Secretary''.
       (C) Section 256 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 1071 
     note) is amended in subsections (b)(4) and (d) by striking 
     ``Director, Defense'' and inserting ``Assistant Secretary of 
     Defense for''.
       (D) Section 1504 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     10 U.S.C. 2358 note) is amended--
       (i) in subsection (a), by striking ``Director of Defense'' 
     and inserting ``Assistant Secretary of Defense for''; and
       (ii) in subsection (b)(9), by striking ``the Director of 
     the'' and all that follows through ``Engineering'' and 
     inserting ``the Director and the Assistant Secretary''.
       (E) Section 802 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2358 
     note) is amended--
       (i) in subsection (a), by striking ``Director of Defense'' 
     and inserting ``Assistant Secretary of Defense for'';
       (ii) in subsections (b), (d), and (e), by striking 
     ``Director'' and inserting ``Assistant Secretary''; and
       (iii) in subsection (f), by striking ``Not later than'' and 
     all that follows through ``the Director'' and inserting ``The 
     Assistant Secretary''.
       (F) Section 214 of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2521 
     note) is amended by striking ``unless the'' and all that 
     follows through ``ensures'' and inserting ``unless the 
     Assistant Secretary of Defense for Research and Engineering 
     ensures''.
       (3) Assistant secretary of defense for operational energy 
     plans and programs.--Section 2925(b) of title 10, United 
     States Code, is amended--
       (A) in paragraph (1), by striking ``Director of'' and 
     inserting ``Assistant Secretary of Defense for''; and
       (B) in paragraph (2)(G), by striking ``Director'' both 
     places it appears and inserting ``Assistant Secretary''.
       (d) Cross-reference Amendments in Title 10.--Title 10, 
     United States Code, is amended as follows:
       (1) Section 1722b(c) is amended--
       (A) in paragraph (3), by striking ``subsections (b)(2)(A) 
     and (b)(2)(B)'' and inserting ``subsections (b)(1)(A) and 
     (b)(1)(B)''; and
       (B) in paragraph (4), by striking ``1734(d), or 1736(c)'' 
     and inserting ``or 1734(d)''.
       (2) Section 1787(b) is amended--
       (A) by striking ``section 3(1)'' and inserting ``section 
     3''; and
       (B) by striking ``42 U.S.C. 5102'' and inserting ``Public 
     Law 93-247; 42 U.S.C. 5101 note''.
       (3) Section 2382(b)(1) is amended by inserting ``of the 
     Small Business Act (15 U.S.C. 657q(c)(4))'' after ``section 
     44(c)(4)''.
       (4) Section 2474(d) is amended by striking ``section 
     2667(d)'' and inserting ``section 2667(e)''.
       (5) Section 2548(e)(2) is amended by striking ``section 
     103(f) of the Weapon Systems Acquisition Reform Act of 2009 
     (10 U.S.C. 2430 note),'' and inserting ``section 2438(f) of 
     this title''.
       (6) Section 2925 is amended--
       (A) in subsection (a)(1), by striking ``section 533'' and 
     inserting ``section 553''; and
       (B) in subsection (b)(1), by striking ``section 139b'' and 
     inserting ``section 138c''.
       (e) Date of Enactment References.--Title 10, United States 
     Code, is amended as follows:
       (1) Section 1564(a)(2)(B) is amended by striking ``the date 
     of the enactment of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011'' in clauses (ii) and 
     (iii) and inserting ``January 7, 2011''.
       (2) Section 2216a(e) is amended by striking ``on the last 
     day of'' and all that follows and inserting ``on September 
     30, 2015.''.
       (3) Section 2359b(k)(5) is amended by striking ``the date 
     that is five years after the date of the enactment of this 
     Act'' and inserting ``January 7, 2016''.
       (4) Section 2649(c) is amended by striking ``During the 5-
     year period beginning on the date of the enactment of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011'' and inserting ``Until January 6, 2016''.
       (5) Section 2790(g)(1) is amended by striking ``on or after 
     the date of the enactment of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011'' and inserting 
     ``after January 6, 2011,''.
       (6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are 
     amended by striking ``the date of the enactment of the Ike 
     Skelton National Defense Authorization Act for