PUBL239.PS

PUBLIC LAW 112–239—JAN. 2, 2013

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2013

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126 STAT. 1632 PUBLIC LAW 112–239—JAN. 2, 2013

Public Law 112–239

112th Congress

An Act

To authorize appropriations for fiscal year 2013 for military activities of the Depart-

ment of Defense, for military construction, and for defense activities of the Depart-

ment of Energy, to prescribe military personnel strengths for such fiscal year,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization

Act for Fiscal Year 2013’’.

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

(a) D

IVISIONS

.—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) T

ABLE OF

ONTENTS

.—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 car-

rier.

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 ship-

building.

National Defense

Authorization

Act for Fiscal

Year 2013.

Jan. 2, 2013

[H.R. 4310]

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126 STAT. 1633 PUBLIC LAW 112–239—JAN. 2, 2013

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

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

ments.

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 de-

fense 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 recon-

naissance 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 re-

quirement.

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 mis-

sile 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.

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126 STAT. 1634 PUBLIC LAW 112–239—JAN. 2, 2013

Sec. 245. National Research Council review of defense science and technical grad-

uate education needs.

Subtitle E—Other Matters

Sec. 251. Eligibility for Department of Defense laboratories to enter into edu-

cational 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 exer-

cises 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 mem-

bers 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, train-

ing 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 work-

ing-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 en-

vironment.

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 enforce-

ment 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 Ticon-

deroga 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.

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126 STAT. 1635 PUBLIC LAW 112–239—JAN. 2, 2013

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 proce-

dures 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 vol-

untary 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 re-

serve components who serve on active duty for more than 180 consecu-

tive 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 as-

signed to duty with service review agencies.

Sec. 521. Extension of temporary increase in accumulated leave carryover for mem-

bers of the Armed Forces.

Sec. 522. Modification of authority to conduct programs on career flexibility to en-

hance retention of members of the Armed Forces.

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126 STAT. 1636 PUBLIC LAW 112–239—JAN. 2, 2013

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed

Forces for any individual convicted of a felony sexual offense.

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation

Boards, and Physical Evaluation Board Liaison Officers.

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

Sec. 526. Report on feasibility of developing gender-neutral occupational standards

for military occupational specialties currently closed to women.

Sec. 527. Report on education and training and promotion rates for pilots of re-

motely piloted aircraft.

Sec. 528. Impact of numbers of members within the Integrated Disability Evalua-

tion System on readiness of Armed Forces to meet mission require-

ments.

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 certifi-

cations 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 rep-

resentatives of institutions of higher education.

Sec. 546. Report on Department of Defense efforts to standardize educational tran-

scripts 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 per-

cent 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 Jun-

ior 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 indi-

vidual while a member of the Armed Forces.

Sec. 565. Modification of authority to allow Department of Defense domestic de-

pendent 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 De-

fense.

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.

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126 STAT. 1637 PUBLIC LAW 112–239—JAN. 2, 2013

Sec. 573. Establishment of special victim capabilities within the military depart-

ments 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 re-

garding 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 sex-

ual 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 mem-

bers of the Armed Forces making an Unrestricted Report of sexual as-

sault.

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 vol-

untary 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’ His-

tory Project of American Folklife Center.

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

ing 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 al-

lowance 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-De-

ployment/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 re-

serve forces.

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126 STAT. 1638 PUBLIC LAW 112–239—JAN. 2, 2013

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 offi-

cers.

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 bo-

nuses 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 sepa-

rated.

Sec. 622. Authority for comprehensive program for space-available travel on De-

partment 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 In-

surance 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 mem-

bers 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 trans-

formation plan.

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126 STAT. 1639 PUBLIC LAW 112–239—JAN. 2, 2013

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 for-

mulary.

Sec. 703. Modification of requirements on mental health assessments for members

of the Armed Forces deployed in connection with a contingency oper-

ation.

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 pro-

gram.

Sec. 706. Pilot program on enhancements of Department of Defense efforts on men-

tal health in the National Guard and Reserves through community part-

nerships.

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 sub-

contractors 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 engage-

ments.

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 Af-

fairs 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 cer-

tain 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 com-

pensation 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 serv-

ices 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 cer-

tain 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.

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126 STAT. 1640 PUBLIC LAW 112–239—JAN. 2, 2013

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 De-

fense 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 develop-

ment 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 enact-

ment 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 cer-

tain commercial items.

Sec. 823. Codification and amendment relating to life-cycle management and prod-

uct support requirements.

Sec. 824. Codification of requirement relating to Government performance of crit-

ical 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 pro-

tections.

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 avoid-

ance 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 Af-

ghanistan.

Sec. 843. Responsibility within Department of Defense for operational contract sup-

port.

Sec. 844. Data collection on contract support for future overseas contingency oper-

ations involving combat operations.

Sec. 845. Inclusion of operational contract support in certain requirements for De-

partment 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 Afghani-

stan.

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.

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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 data-

bases 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 Manufac-

turing and Industrial Base Policy and amendments to Strategic Mate-

rials 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 re-

source 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 de-

fense 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 al-

liances and regional organizations.

Sec. 922. Technical amendments to reflect change in name of National Defense In-

telligence 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 Depart-

ment 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.

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

Sec. 941. Reports to Department of Defense on penetrations of networks and infor-

mation 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 activi-

ties 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 con-

tractor workforce of the Department of Defense.

Sec. 956. Expansion of persons eligible for expedited Federal hiring following com-

pletion 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 Adminis-

tration to sustain nuclear weapons modernization.

Sec. 1005. Audit readiness of Department of Defense statements of budgetary re-

sources.

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 state-

ments.

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 counterter-

rorism campaign in Colombia.

Sec. 1011. Extension of authority for joint task forces to provide support to law en-

forcement 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 con-

struction 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 Sta-

tion, 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.

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126 STAT. 1643 PUBLIC LAW 112–239—JAN. 2, 2013

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 coun-

tries 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 Coun-

cil.

Sec. 1040. Interagency Council on the Strategic Capability of the National Labora-

tories.

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 pur-

poses.

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 car-

riers 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 indi-

vidual 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 Sys-

tems 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 sup-

port the maturation of hypersonic technologies for future defense sys-

tems development.

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Subtitle H—Other Matters

Sec. 1076. Technical and clerical amendments.

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

niversary.

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 infor-

mation.

Sec. 1081. Technical amendments to repeal statutory references to United States

Joint Forces Command.

Sec. 1082. Sense of Congress on non-United States citizens who are graduates of

United States educational institutions with advanced degrees in science,

technology, engineering, and mathematics.

Sec. 1083. Scientific framework for recalcitrant cancers.

Sec. 1084. Protection of veterans’ memorials.

Sec. 1085. Sense of Congress regarding spectrum.

Sec. 1086. Public Safety Officers’ Benefits Program.

Sec. 1087. Removal of action.

Sec. 1088. Transport for female genital mutilation.

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

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

poses.

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

ment.

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 Fed-

eral acquisition positions for civilian agencies.

Sec. 1104. One-year extension of discretionary authority to grant allowances, bene-

fits, 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 com-

pliance 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 Af-

ghanistan.

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

Sec. 1216. Extension and modification of logistical support for coalition forces sup-

porting 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.

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126 STAT. 1645 PUBLIC LAW 112–239—JAN. 2, 2013

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 Af-

ghanistan.

Sec. 1226. Completion of transition of United States combat and military and secu-

rity operations to the Government of Afghanistan.

Sec. 1227. Extension and modification of authority for reimbursement of certain co-

alition nations for support provided to United States military oper-

ations.

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 ship-

building 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 re-

spect 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 nation-

als.

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 sig-

nificant 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 Muni-

tions 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 develop-

ments 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 Ar-

mies’ Program.

Sec. 1275. United States participation in Headquarters Eurocorps.

Sec. 1276. Department of Defense participation in European program on multilat-

eral exchange of air transportation and air refueling services.

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126 STAT. 1646 PUBLIC LAW 112–239—JAN. 2, 2013

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 Fed-

eration on nuclear arms, missile defense systems, and long-range con-

ventional strike systems.

Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from

the battlefield and end the atrocities of the Lord’s Resistance Army.

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

known as M23.

Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles

for sale or transfer to eligible foreign countries and entities.

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

Subtitle G—Reports

Sec. 1291. Review and reports on Department of Defense efforts to build the capac-

ity 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 instal-

lations 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 Stra-

tegic 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, Ken-

tucky.

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-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain 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.

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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 Com-

mand 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 intel-

ligence activities of the Joint Improvised Explosive Device Defeat Orga-

nization 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 perform-

ance of the Department of Defense.

Sec. 1614. Additional responsibilities of Inspector General of the Department of De-

fense.

Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commer-

cialization Readiness Program of Department of Defense.

Subtitle C—Matters Relating to Small Business Concerns

ART

I—P

ROCUREMENT

ENTER

EPRESENTATIVES

Sec. 1621. Procurement center representatives.

Sec. 1622. Small Business Act contracting requirements training.

Sec. 1623. Acquisition planning.

ART

II—G

OALS FOR

ROCUREMENT

ONTRACTS

WARDED TO

MALL

USINESS

ONCERNS

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.

ART

III—M

ENTOR

-P

ROTEGE

ROGRAMS

Sec. 1641. Mentor-Protege programs.

ART

IV—T

RANSPARENCY IN

UBCONTRACTING

Sec. 1651. Limitations on subcontracting.

Sec. 1652. Penalties.

Sec. 1653. Subcontracting plans.

Sec. 1654. Notices of subcontracting opportunities.

Sec. 1655. Publication of certain documents.

ART

V—S

MALL

USINESS

ONCERN

IZE

TANDARDS

Sec. 1661. Small business concern size standards.

ART

VI—C

ONTRACT

UNDLING

Sec. 1671. Contract bundling.

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ART

VII—I

NCREASED

ENALTIES FOR

RAUD

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 Busi-

ness Administration.

ART

VIII—O

FFICES OF

MALL AND

ISADVANTAGED

USINESS

NITS

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

Sec. 1692. Small Business Procurement Advisory Council.

ART

IX—O

THER

ATTERS

Sec. 1695. Surety bonds.

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

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

women.

Sec. 1698. Small business HUBZones.

Sec. 1699. National Veterans Business Development Corporation.

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

TITLE XVII—ENDING TRAFFICKING IN GOVERNMENT CONTRACTING

Sec. 1701. Definitions.

Sec. 1702. Contracting requirements.

Sec. 1703. Compliance plan and certification requirement.

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

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

Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include

attempted fraud and work outside the United States.

Sec. 1707. Improving Department of Defense accountability for reporting trafficking

in persons claims and violations.

Sec. 1708. Rules of construction; effective date.

TITLE XVIII—FEDERAL ASSISTANCE TO FIRE DEPARTMENTS

Subtitle A—Fire Grants Reauthorization

Sec. 1801. Short title.

Sec. 1802. Amendments to definitions.

Sec. 1803. Assistance to firefighters grants.

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

Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and

Staffing for Adequate Fire and Emergency Response programs.

Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for

Adequate Fire and Emergency Response programs.

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

Subtitle B—Reauthorization of United States Fire Administration

Sec. 1811. Short title.

Sec. 1812. Clarification of relationship between United States Fire Administration

and Federal Emergency Management Agency.

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

and fire prevention.

Sec. 1814. Authorization of appropriations.

Sec. 1815. Removal of limitation.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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

law.

TITLE XXI—ARMY MILITARY CONSTRUCTION

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

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

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

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

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

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

normalization.

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

project.

TITLE XXII—NAVY MILITARY CONSTRUCTION

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

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126 STAT. 1649 PUBLIC LAW 112–239—JAN. 2, 2013

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 activi-

ties funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorization of appropriations for base realignment and closure activi-

ties funded through Department of Defense Base Closure Account 2005.

Subtitle B—Other Matters

Sec. 2711. Consolidation of Department of Defense base closure accounts and au-

thorized uses of base closure account funds.

Sec. 2712. Revised base closure and realignment restrictions and Comptroller Gen-

eral 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.

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126 STAT. 1650 PUBLIC LAW 112–239—JAN. 2, 2013

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 mainte-

nance 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 De-

partment 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 Cen-

ter, 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 installa-

tions.

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 Wil-

liam J. Perry Center for Hemispheric Defense Studies.

Sec. 2855. Sense of Congress regarding establishment of military divers memorial

at Washington Navy Yard.

Sec. 2856. Limitation on availability of funds pending report regarding acquisition

of land and development of a training range facility adjacent to the Ma-

rine Corps Air Ground Combat Center Twentynine Palms, California.

Sec. 2857. Oversight and maintenance of closed base cemeteries overseas con-

taining 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.

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126 STAT. 1651 PUBLIC LAW 112–239—JAN. 2, 2013

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 pluto-

nium at Savannah River Site, Aiken, South Carolina.

Sec. 3117. Transparency in contractor performance evaluations by the National Nu-

clear 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 De-

partment of Energy and National Nuclear Security Administration.

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

tracts.

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 stew-

ardship, 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 competi-

tion 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 labora-

tories.

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 reli-

ability 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.

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126 STAT. 1652 PUBLIC LAW 112–239—JAN. 2, 2013

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 mer-

chant 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 op-

erations.

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.

10 USC 101 note.

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126 STAT. 1653 PUBLIC LAW 112–239—JAN. 2, 2013

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 car-

rier.

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 ship-

building.

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

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

ments.

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 de-

fense 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 recon-

naissance 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.

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126 STAT. 1654 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH–47

HELICOPTERS.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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) C

ONDITION FOR

-Y

EAR

ONTRACT

AYMENTS

.—A con-

tract entered into under subsection (a) shall provide that any obliga-

tion 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) R

EPORTS

.—

(1) I

NITIAL 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) A

NNUAL 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) R

EPORT DESCRIBED

.—A report described in this para-

graph is a report on the time-sensitive or mission-critical airlift

requirements of the Army.

(b) M

ATTERS

NCLUDED

.—The reports submitted under sub-

section (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 contin-

gency 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;

(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 CONSTRUC-

TION AUTHORITY.

Section 121(a) of the John Warner National Defense Authoriza-

tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104),

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126 STAT. 1655 PUBLIC LAW 112–239—JAN. 2, 2013

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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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) A

UTHORITY FOR

DVANCE

ROCUREMENT

.—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).

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) L

IMITATION ON

ERMINATION

IABILITY

.—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 equip-

ment covered by the contract. Additionally, in the event of cancella-

tion, the maximum liability of the United States shall include

the amount of the unfunded cancellation ceiling in the contract.

(e) A

UTHORITY TO

XPAND

ULTIYEAR

ROCUREMENT

.—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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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) A

UTHORITY FOR

DVANCE

ROCUREMENT

.—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 procure-

ment contract is provided under subsection (a).

Determination.

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126 STAT. 1656 PUBLIC LAW 112–239—JAN. 2, 2013

ONDITION FOR

-Y

EAR

ONTRACT

AYMENTS

.—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) L

IMITATION

.—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) E

LEMENTS

.—The report described in subsection (a) shall

include a plan with respect to the Ford class aircraft carriers

to—

(1) maximize planned work in shops and early stages of

construction;

(2) sequence construction of structural units to maximize

the effects of lessons learned;

(3) incorporate design changes to improve producibility for

the Ford class aircraft carriers;

(4) increase the size of erection units to eliminate disruptive

unit breaks and improve unit alignment and fairness;

(5) increase outfitting levels for assembled units before

erection in the dry dock;

(6) increase overall ship completion levels at each key

construction event;

(7) improve facilities in a manner that will lead to improved

productivity; and

(8) ensure the shipbuilder initiates plans that will improve

productivity through capital improvements that would provide

targeted return on investment, including—

(A) increasing the amount of temporary and permanent

covered work areas;

(B) adding ramps and service towers for improved

access to work sites and the dry dock; and

larger, more fully outfitted super-lifts.

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

ABRAHAM LINCOLN.

(a) A

MOUNT

UTHORIZED

ROM

SCN A

CCOUNT

.—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 com-

plex 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.

Plans.

Reports.

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126 STAT. 1657 PUBLIC LAW 112–239—JAN. 2, 2013

(b) C

ONTRACT

UTHORITY

.—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.

ONDITION FOR

-Y

EAR

ONTRACT

AYMENTS

.—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 COM-

BAT SHIP AS A MAJOR DEFENSE ACQUISITION PROGRAM.

(a) D

ESIGNATION

EQUIRED

.—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) A

DDITIONAL

UARTERLY

EPORTS

.—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) A

CCEPTANCE OF

LCS–1

AND

LCS–2.—The Comptroller Gen-

eral 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) O

PERATIONAL

UPPORT

.—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 Com-

bat Ship program, including manning, training, maintenance, and

logistics support.

OOPERATION

.—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 offi-

cials, whether such communications occurred inside or outside

the Federal Government.

Deadline.

Reports.

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126 STAT. 1658 PUBLIC LAW 112–239—JAN. 2, 2013

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 appro-

priate 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 sub-

marines is critical to maintaining nuclear deterrence and assur-

ance 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

continuous at-sea deterrence is provided during the transi-

tion from Ohio class ballistic missile submarines to the

replacement submarines; and

(3) a minimum of 12 replacement ballistic missile sub-

marines 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) F

INDINGS

.—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 oper-

ations 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 sub-

mitted a shipbuilding and ship retirement plan to Congress

that will reduce the force to 28 vessels.

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126 STAT. 1659 PUBLIC LAW 112–239—JAN. 2, 2013

(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) S

ENSE OF

ONGRESS

.—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 acquisi-

tion cost; and

(6) maintaining a robust amphibious ship building indus-

trial 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 AVIA-

TION 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 INVEN-

TORY.

(a) R

EDUCTION IN

NVENTORY

EQUIREMENT

.—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) M

ODIFICATION OF

ERTIFICATION

EQUIREMENT

.—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’’.

OBILITY

EQUIREMENTS AND

APABILITIES

TUDY

2018.—

(1) I

N GENERAL

.—The Director of Cost Assessment and

Program Evaluation and the Chairman of the Joint Chiefs

of Staff, in coordination with the Commander of the United

Effective date.

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126 STAT. 1660 PUBLIC LAW 112–239—JAN. 2, 2013

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 Feb-

ruary 2012 and other planning documents of the Department

of Defense.

(2) M

ATTERS INCLUDED

.—The study under paragraph (1)

shall include the following:

(A) A definition of what combinations of air mobility,

sealift, surface movements, prepositioning, forward sta-

tioning, seabasing, engineering, and infrastructure require-

ments 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.

mobility, sealift, surface movements, prepositioning, for-

ward stationing, seabasing, engineering, and infrastructure

requirements and capabilities required to support theater

and tactical deployment and distribution, including—

(i) the identification, quantification, and descrip-

tion 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 Depart-

ment of Defense, homeland defense, defense support to

civilian authorities, other strategic missions related to

national missions, global strike, the strategic nuclear mis-

sion, and direct support and time-sensitive airlift missions

of the military departments.

(F) An examination, including a discussion of the sensi-

tivity 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 the-

ater austerity, based on the new global footprint and global

presence initiatives.

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126 STAT. 1661 PUBLIC LAW 112–239—JAN. 2, 2013

(G) An identification of mobility capability gaps, short-

falls, overlaps, or excesses, including—

(i) an assessment of associated risks with respect

to the ability to conduct operations; and

(ii) recommended mitigation strategies where pos-

sible.

(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 require-

ments and capabilities support the accepted balance

of risk in addressing all five categories of such chal-

lenges.

(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 sce-

narios 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) S

UBMISSION

.—The Director of Cost Assessment and Pro-

gram Evaluation and the Chairman of the Joint Chiefs of

Staff shall jointly submit to the congressional defense commit-

tees a report containing the study under paragraph (1).

(4) F

ORM

.—The report required by paragraph (3) shall be

submitted in unclassified form, but may include a classified

annex.

(d) P

RESERVATION OF

ERTAIN

ETIRED

C–5 A

IRCRAFT

.—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.

Reports.

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126 STAT. 1662 PUBLIC LAW 112–239—JAN. 2, 2013

(e) D

EFINITIONS

.—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, inter-

theater 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) I

ENERAL

.—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) C

ONFORMING

MENDMENT

.—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) L

IMITATIONS

.—

(1) A

VIONICS 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) I

N 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) C

OVERED ACTIONS

.—An action described in this

subparagraph is an action to begin an alternative commu-

nication, navigation, surveillance, and air traffic manage-

ment program for C–130 aircraft that is designed or

intended—

(i) to meet international communication, naviga-

tion, surveillance, and air traffic management stand-

ards for the fleet of C–130 aircraft; or

(ii) to replace the current avionics modernization

program for the C–130 aircraft.

(b) C

OST

-B

ENEFIT

NALYSIS

.—

(1) FFRDC.—The Secretary shall seek to enter into an

agreement with the Institute for Defense Analyses to conduct

Contracts.

Time period.

Definition.

Effective date.

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126 STAT. 1663 PUBLIC LAW 112–239—JAN. 2, 2013

an independent cost-benefit analysis that compares the fol-

lowing 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 mis-

sion planning systems.

(2) M

ATTERS INCLUDED

.—The cost-benefit analysis con-

ducted 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) I

ENERAL

.—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 Acquisi-

tion Reports shall be submitted to Congress in accordance with

the requirements of section 2432 of title 10, United States Code.

(b) C

OVERED

ROGRAMS

.—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 moderniza-

tion 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.

THER

EPORTS

.—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 perform-

ances of the reliability and maintainability maturation program

and the structural repair program of the F–22A Raptor moderniza-

tion 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 AIR-

CRAFT PROGRAM.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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 Com-

mand.

(b) C

ONDITION FOR

-Y

EAR

ONTRACT

AYMENTS

.—A con-

tract entered into under subsection (a) shall provide that any obliga-

tion 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.

Reports.

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126 STAT. 1664 PUBLIC LAW 112–239—JAN. 2, 2013

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

ELLITES.

(a) C

ONTRACT

UTHORITY

.—

(1) I

N GENERAL

.—The Secretary of the Air Force may pro-

cure 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 quan-

tities when cost savings are achievable; and

(B) cost-reduction initiatives.

(2) U

SE OF INCREMENTAL FUNDING

.—With respect to a con-

tract 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) L

IABILITY

.—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) L

IMITATION OF

OSTS

.—

(1) L

IMITATION

.—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) E

XCLUSION

.—The amounts described in this paragraph

are amounts associated with the following:

(A) Plans.

(B) Technical data packages.

(D) Technical support for obsolescence studies.

AIVER AND

DJUSTMENT TO

IMITATION

MOUNT

.—

(1) W

AIVER

.—In accordance with paragraph (2), the Sec-

retary 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) A

DJUSTMENT

.—Upon waiving the limitation under para-

graph (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.

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 cer-

tifies to the congressional defense committees, that inser-

tion of the new technology is—

Determination.

Certification.

Notification.

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126 STAT. 1665 PUBLIC LAW 112–239—JAN. 2, 2013

(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) R

EPORT

.—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 Rep-

resentatives 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;

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 competi-

tive 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) U

SE OF

UNDS

VAILABLE FOR

PACE

EHICLE

UMBERS

AND

6.—The Secretary may obligate and expend amounts author-

ized 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) S

ENSE OF

ONGRESS

.—It is the sense of Congress that the

Secretary should not enter into a fixed-price contract under sub-

section (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) L

IMITATION

.—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

Determination.

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126 STAT. 1666 PUBLIC LAW 112–239—JAN. 2, 2013

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

(b) M

ATTERS

NCLUDED

.—The report under subsection (a)(1)

shall include the following information:

(1) The anticipated savings to be realized under the acquisi-

tion strategy for the evolved expendable launch vehicle pro-

gram.

(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 sub-

mitted 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 acquisi-

tion strategy for such program.

OMPTROLLER

ENERAL

.—

(1) R

EVIEW

.—The Comptroller General of the United States

shall review the report under subsection (a)(1).

(2) S

UBMITTAL

.—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 Gen-

eral 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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—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) L

IMITATION

.—None of the funds authorized to be appro-

priated 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) M

AINTAINED

EVELS

.—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.

Briefing.

Reports.

Deadline.

Certification.

Reports.

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126 STAT. 1667 PUBLIC LAW 112–239—JAN. 2, 2013

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 Sec-

retary of the Navy shall—

(1) establish the initial operational capability dates for

the F–35B and F–35C aircraft; and

(2) submit to the congressional defense committees a report

on the details of such initial operational capabilities for both

variants.

SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.

(a) I

NITIAL

EPORT

.—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 Com-

mand, 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 pro-

gram.

(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) S

UBSEQUENT

EPORTS

.—

(1) Q

UARTERLY REPORTS REQUIRED

.—The Assistant Sec-

retary, 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) S

UNSET

.—The requirement in paragraph (1) shall cease

on the date the Shallow Water Combat Submersible has com-

pleted operational testing and has been found to be operation-

ally 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) R

EQUIREMENT

.—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—

Deadline.

Reports.

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126 STAT. 1668 PUBLIC LAW 112–239—JAN. 2, 2013

(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 multi-

national interoperability among NATO member nations.

(b) S

OLICITATIONS

.—The Secretary of Defense shall ensure that

any solicitation issued for a Common Data Link described in sub-

section (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 wave-

forms or control interfaces or data interfaces as a requirement

or criterion for evaluation.

AIVER

.—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) C

OVERED

IRCRAFT

EFINED

.—In this section, the term

‘‘covered aircraft’’ means—

(1) tactical manned intelligence, surveillance, and recon-

naissance aircraft; and

(2) unmanned aerial vehicles.

(e) C

ONFORMING

EPEAL

.—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) S

TUDY

.—

(1) I

N 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.

Deadline.

Determination.

Certification.

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126 STAT. 1669 PUBLIC LAW 112–239—JAN. 2, 2013

ment 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) F

ACTORS TO CONSIDER

.—The study required under para-

graph (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.

gaps identified in any such capabilities based assessments.

(D) Findings from studies of the Department of Defense

Small Arms and Small-Caliber Ammunition defense sup-

port 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) A

CCESS 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) R

EPORT

.—

(1) I

N 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) C

LASSIFIED ANNEX

.—The report shall be in unclassified

form, but may contain a classified annex.

MALL

RMS

EFINED

.—In this section, the term ‘‘small

arms’’ means weapons assigned to and operated by an individual

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126 STAT. 1670 PUBLIC LAW 112–239—JAN. 2, 2013

member of the Armed Forces, including handguns, rifles and car-

bines (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 re-

quirement.

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 mis-

sile 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 grad-

uate education needs.

Subtitle E—Other Matters

Sec. 251. Eligibility for Department of Defense laboratories to enter into edu-

cational 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 exer-

cises for members of the Armed Forces.

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126 STAT. 1671 PUBLIC LAW 112–239—JAN. 2, 2013

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, develop-

ment, 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 capa-

bility; 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) E

XTENSION OF

IMITATION

.—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) T

ECHNOLOGY

EVELOPMENT

HASE

.—Such section is further

amended by adding at the end the following new subsection:

‘‘(d) T

ECHNOLOGY

EVELOPMENT AND

RELIMINARY

ESIGN

HASES

.—

‘‘(1) C

ONTRACTORS

.—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 mile-

stone.

‘‘(2) P

RELIMINARY DESIGN REVIEW

.—After the date on which

the Unmanned Carrier-launched Surveillance and Strike

system program achieves the preliminary design review mile-

stone, 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 partici-

pating prime contractor;

‘‘(C) the Under Secretary submits to the congressional

defense committees a report that includes—

Reports.

Deadline.

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126 STAT. 1672 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(i) a summary of the assessment of the prelimi-

nary 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 abbre-

viated 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).’’.

ECHNICAL

MENDMENT

.—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-PUR-

POSE VERTICAL TAKEOFF AND LANDING UNMANNED AIR-

CRAFT SYSTEM.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated 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 capa-

bility 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

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 para-

graph (1).

(b) D

EFINITIONS

.—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 Intel-

ligence 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—

Time period.

Certification.

Time period.

Certification.

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126 STAT. 1673 PUBLIC LAW 112–239—JAN. 2, 2013

(A) the distribution of request for proposals;

(B) the selection of technology demonstration contrac-

tors; and

SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL

STRIKE PROGRAM.

(a) C

OMPETITIVE

ROCEDURES

.—Except as provided by sub-

section (b), the Secretary of Defense shall ensure that any funds

authorized to be appropriated by this Act or otherwise made avail-

able 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) W

AIVER

.—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 fea-

sible; 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 MICRO-

ELECTRONICS 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) I

ENERAL

.—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) E

LEMENTS

.—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 identifica-

tion of the resources required for such purposes.

Deadline.

Reports.

Estimate.

Assessment.

Strategy.

Time period.

Notification.

Determination.

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126 STAT. 1674 PUBLIC LAW 112–239—JAN. 2, 2013

(2) The X-Plane Rotorcraft program of the Defense

Advanced Research Projects Agency with performance objec-

tives beyond those of the Joint Multi-role development program,

including at least two competing teams.

(3) Approaches, including potential competitive prize

awards, to encourage the development of advanced rotorcraft

capabilities to address challenge problems such as nap-of-earth

automated flight, urban operation near buildings, slope

landings, automated autorotation or power-off recovery, and

automated selection of landing areas.

Subtitle C—Missile Defense Programs

SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PRO-

GRAM.

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) T

RANSFER TO

EGIS

SHORE

YSTEM

.—Notwithstanding any

other provision of law, the Secretary of the Navy may transfer

Aegis weapon system equipment with ballistic missile defense capa-

bility 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 appro-

priated for shipbuilding and conversion, Navy, for fiscal years 2010

and 2011 for the DDG–51 Class Destroyer Program.

(b) A

DJUSTMENTS IN

QUIPMENT

ELIVERIES

.—

(1) U

SE OF FY12 FUNDS FOR AWS SYSTEMS ON DESTROYERS

PROCURED WITH FY11 FUNDS

.—Amounts authorized to be appro-

priated 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) U

SE 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).

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126 STAT. 1675 PUBLIC LAW 112–239—JAN. 2, 2013

RANSFER

ROM

EGIS

SHORE

YSTEM

.—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 sub-

section (a).

(d) T

REATMENT OF

RANSFER IN

UNDING

ESTROYER

ONSTRUCTION

.—Notwithstanding the source of funds for any equip-

ment 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) L

IMITATION

.—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 Evalua-

tion completes the evaluation under subsection (b)(1); and

(2) the terms of reference for the evaluation under sub-

section (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) I

NDEPENDENT

OST

STIMATE AND

VALUATION OF

LTER

NATIVES

EQUIRED

.—

(1) I

N 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 alter-

natives for such system.

(2) B

ASIS OF EVALUATION

.—The evaluation under para-

graph (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 sat-

ellites in the first constellation, and the number projected

to be procured for a first and, if applicable, second

replenishment;

system, including systems engineering and ground system

development;

(D) an evaluation of the technological capability dif-

ferences 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

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126 STAT. 1676 PUBLIC LAW 112–239—JAN. 2, 2013

(F) any other matters the Director believes useful that

do not unduly delay completion of the evaluation.

(3) E

VALUATION

.—In conducting the evaluation under para-

graph (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;

described in subparagraph (B) could improve sensor cov-

erage 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 sub-

section (d)(1); and

(F) consider any other matters the Director believes

useful that do not unduly delay completion of the evalua-

tion.

(4) C

OST 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) C

OOPERATION

.—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).

UBMISSION

EQUIRED

.—Not later than April 30, 2013, the

Director of Cost Assessment and Program Evaluation shall submit

to the congressional defense committees the independent cost esti-

mate and evaluation under subparagraphs (A) and (B) of subsection

(b)(1).

(d) M

EMORANDUM OF

GREEMENT

.—

(1) I

N 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) S

UBMISSION

.—The Director shall submit to the congres-

sional defense committees the agreement entered into under

paragraph (1).

Deadline.

Time periods.

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126 STAT. 1677 PUBLIC LAW 112–239—JAN. 2, 2013

(e) R

EVIEW BY THE

OMPTROLLER

ENERAL

.—

(1) T

ERMS 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 sub-

section (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 alter-

natives 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) C

OMPREHENSIVE 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 sub-

section (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 prac-

ticable following the date of the briefing under subpara-

graph (A).

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

(a) P

LAN FOR

EXT

ENERATION

ILL

EHICLE

.—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) D

EFINITION OF

ARAMETERS AND

APABILITIES

.—

(1) A

SSESSMENT REQUIRED

.—The Director shall define the

desired technical parameters and performance capabilities for

a next generation exo-atmospheric kill vehicle using an assess-

ment 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;

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 prac-

ticable, commonality between subsystems of a next genera-

tion exo-atmospheric kill vehicle and other exo-atmospheric

kill vehicle programs; and

(E) meets Department of Defense criteria, as estab-

lished in the February 2010 Ballistic Missile Defense

Deadlines.

Briefings.

Reports.

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126 STAT. 1678 PUBLIC LAW 112–239—JAN. 2, 2013

Review, for affordability, reliability, suitability, and oper-

ational effectiveness to defend against limited attacks from

evolving and future threats from long-range missiles.

(2) E

VALUATION 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) S

TANDARD 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 inter-

ceptor or for a next generation exo-atmospheric kill vehicle.

EPORT

.—

(1) I

N 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) F

ORM

.—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) P

LAN FOR

ODERNIZATION

.—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) A

DDITIONAL

LEMENTS

.—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) E

VALUATION

.—Not later than December 31, 2013, the Sec-

retary 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

Deadline.

Study.

Deadline.

Evaluation.

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126 STAT. 1679 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

NVIRONMENTAL

MPACT

TATEMENT

EQUIRED

.—Except as

provided by subsection (c), the Secretary shall prepare an environ-

mental impact statement in accordance with the National Environ-

mental Policy Act of 1969 (42 U.S.C. et seq.) for the locations

the Secretary evaluates under subsection (a).

XCEPTION

.—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) C

ONTINGENCY

LAN

.—In light of the evaluation under sub-

section (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) S

ENSE OF

ONGRESS

.—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, sustain-

ability, and operational performance that will allow it to con-

tinue providing protection of the United States homeland;

(4) the Missile Defense Agency should, as its highest pri-

ority, 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, rig-

orous, and operationally realistic testing program for the

ground-based midcourse defense system, including salvo

testing, multiple simultaneous engagement testing, and oper-

ational 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

Notification.

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126 STAT. 1680 PUBLIC LAW 112–239—JAN. 2, 2013

(8) the Department of Defense should continue to evaluate

the evolving threat of limited ballistic missile attack, particu-

larly 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) R

EPORT

.—

(1) R

EPORT 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) E

LEMENTS OF REPORT

.—The report required by para-

graph (1) shall include the following:

(A) A detailed description of the actions taken or

planned to improve the reliability, availability, and capa-

bility 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).

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 inter-

ceptor 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 appro-

priate.

(3) F

ORM OF REPORT

.—The report shall be submitted in

unclassified form, but may include a classified annex.

OMPTROLLER

ENERAL

RIEFING AND

EPORT

.—

(1) B

RIEFING

.—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 Comp-

troller General on the report.

(2) R

EPORT

.—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) S

ENSE OF

ONGRESS

.—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

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126 STAT. 1681 PUBLIC LAW 112–239—JAN. 2, 2013

at risk forward-deployed forces of the United States and allies

and partners in Europe, the Middle East, and the Asia-Pacific

region;

(2) the Department of Defense has an obligation to provide

force protection of forward-deployed forces, assets, and facilities

of the United States from regional ballistic missile attack;

(3) the United States has an obligation to meet its security

commitments to its allies, including ballistic missile defense

commitments;

(4) the Department of Defense has a program of investment

and capabilities to provide for both homeland defense and

regional defense against ballistic missiles, consistent with the

Ballistic Missile Defense Review of 2010 and with the

prioritized and integrated needs of the commanders of the

combatant commands;

(5) the European Phased Adaptive Approach to missile

defense is a response to the existing and growing ballistic

missile threat from Iran to forward deployed United States

forces, allies and partners in Europe;

(6) the Department of Defense—

(A) should, as a high priority, continue to develop,

test, and plan to deploy all four phases of the European

Phased Adaptive Approach, including all variants of the

standard missile–3 interceptor;

(B) should continue to conduct tests to evaluate and

assess the capability of future phases of the European

Phased Adaptive Approach and to demonstrate whether

they will achieve their intended roles, as outlined in the

Ballistic Missile Defense Review of 2010; and

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 sys-

tems of the United States on their territories, through indi-

vidual 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) R

EPORT

.—

(1) I

N 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) E

LEMENTS OF REPORT

.—The report required by para-

graph (1) shall include the following:

(A) An assessment of the adequacy of the existing

and planned European Phased Adaptive Approach to pro-

vide force protection for forward-deployed forces of the

United States in Europe against ballistic missile threats

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126 STAT. 1682 PUBLIC LAW 112–239—JAN. 2, 2013

from Iran, and an assessment whether adequate force

protection would be available absent the European Phased

Adaptive Approach, given current and planned Patriot, Ter-

minal High Altitude Area Defense, and Aegis ballistic mis-

sile defense capability.

(B) A description of the progress made in the develop-

ment 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.

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 deter-

mine 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 arrange-

ments in place between the United States and its allies

and partners.

(3) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

OMPTROLLER

ENERAL

IEWS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

Deadline.

Reports.

Briefing.

Deadline.

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126 STAT. 1683 PUBLIC LAW 112–239—JAN. 2, 2013

(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 sys-

tems 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 appro-

priate.

ORM OF

EPORT

.—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 MID-

COURSE DEFENSE SYSTEM.

(a) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 appro-

priate.

IEWS

.—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.

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126 STAT. 1684 PUBLIC LAW 112–239—JAN. 2, 2013

(d) F

ORM

.—The report under subsection (a) shall be submitted

in unclassified form, but may include a classified annex.

(e) C

OMPTROLLER

ENERAL

IEWS

.—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) F

INDINGS

.—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 Rus-

sian 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 cer-

tified that ‘‘It is the policy of the United States to continue

development and deployment of United States missile defense

systems to defend against missile threats from nations such

as North Korea and Iran, including qualitative and quantitative

improvements to such systems. As stated in the Resolution,

such systems include all phases of the Phased Adaptive

Approach to missile defense in Europe, the modernization of

the Ground-based Midcourse Defense system, and the continued

development of the two-stage Ground-Based Interceptor as a

technological and strategic hedge.’’.

(3) In a letter dated December 13, 2011, to Senator Mark

Kirk, Robert Nabors, Assistant to the President and Director

of the Office of Legislative Affairs, wrote that ‘‘The United

States remains committed to implementing the European

Phased Adaptive Approach to missile defense, and will not

agree to any constraints limiting the development or deploy-

ment 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) S

ENSE OF

ONGRESS

.—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

Briefing.

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126 STAT. 1685 PUBLIC LAW 112–239—JAN. 2, 2013

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 Consult-

ative 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.’’.

START T

REATY

EFINED

.—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

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126 STAT. 1686 PUBLIC LAW 112–239—JAN. 2, 2013

(2) the Secretary of Defense should comply with the require-

ments 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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 pre-

cedes 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 capa-

bility specified for that increment.

(3) A plan for demonstrating the survivability and lethality

of the Littoral Combat Ship with its mission packages suffi-

ciently early in the development phase of the system to mini-

mize costs of concurrency.

SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE

MARINE CORPS.

(a) S

TUDY

.—The Commandant of the Marine Corps shall con-

duct a study on the future capabilities of the Marine Corps with

respect to electronic warfare.

(b) R

EPORT

.—

(1) I

N 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) M

ATTERS 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.

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) I

ENERAL

.—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 Com-

mandant of the Marine Corps shall jointly submit to the congres-

sional defense committees a report that includes the following:

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126 STAT. 1687 PUBLIC LAW 112–239—JAN. 2, 2013

(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 Per-

sonnel 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) S

UBMITTAL

ATE

.—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) R

EPORT

.—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) E

LEMENTS

.—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 estab-

lished 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 tech-

nology priorities described in paragraph (1).

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126 STAT. 1688 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE

SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS.

(a) R

EVIEW

.—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) M

ATTERS

NCLUDED

.—At a minimum, the review under sub-

section (a) shall address—

(1) the need by the Department of Defense and the military

departments for military and civilian personnel with advanced

degrees in science, technology, engineering, mathematics, and

management, including a list of the numbers of such personnel

needed by discipline;

(2) an analysis of the sources by which the Department

of Defense and the military departments obtain military and

civilian personnel with such advanced degrees;

(3) the need for educational institutions under the Depart-

ment 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 grad-

uate 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.

EPORT

.—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 EDU-

CATIONAL INSTITUTIONS IN TERRITORIES AND POSSES-

SIONS OF THE UNITED STATES.

(a) E

LIGIBILITY OF

NSTITUTIONS IN

ERRITORIES AND

OSSES

SIONS

.—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) T

ECHNICAL

MENDMENT

.—Paragraph (2) of such section

is amended by inserting ‘‘(20 U.S.C. 7801)’’ before the period.

SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

(a) D

EVELOPMENT OF

NNOVATIVE

DVANCED

ECHNOLOGIES

.—

The Secretary of Defense may use the research and engineering

10 USC 2358

note.

Definition.

Contracts.

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126 STAT. 1689 PUBLIC LAW 112–239—JAN. 2, 2013

network of the Department of Defense, including the organic indus-

trial base, to support regional advanced technology clusters estab-

lished by the Secretary of Commerce to encourage the development

of innovative advanced technologies to address national security

and homeland defense challenges.

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Under Secretary of Defense for Acquisi-

tion, 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 acquisi-

tion programs;

(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 impedi-

ments to supporting regional advanced technology clusters; and

(6) the use of any agreements entered into under the Inter-

governmental 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.

OLLABORATION

.—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) D

EFINITIONS

.—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

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-EFFECTIVE-

NESS 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,

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126 STAT. 1690 PUBLIC LAW 112–239—JAN. 2, 2013

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 sys-

tems, 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 mem-

bers 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, train-

ing 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 work-

ing-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 en-

vironment.

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 enforce-

ment and emergency responder training.

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126 STAT. 1691 PUBLIC LAW 112–239—JAN. 2, 2013

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 Ticon-

deroga 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 proce-

dures for hazardous material shipments.

Subtitle A—Authorization of

Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for operation and maintenance, as specified in the

funding table in section 4301.

Subtitle B—Energy and Environment

SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING

RANGE INVENTORY.

Section 366 of the Bob Stump National Defense Authorization

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522;

10 U.S.C. 113 note), as most recently amended by section 348

of the John Warner National Defense Authorization Act for Fiscal

Year 2007 (Public Law 109–364; 120 Stat. 2159), is amended—

(1) in subsection (a)(5), by striking ‘‘each of fiscal years

2005 through 2013’’ and inserting ‘‘each fiscal year through

fiscal year 2018’’; and

(2) in subsection (c)(2), by striking ‘‘fiscal years 2005

through 2013’’ and inserting ‘‘each fiscal year through fiscal

year 2018’’.

SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT

TO ENTER INTO COOPERATIVE AGREEMENTS WITH INDIAN

TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH MILI-

TARY INSTALLATIONS AND STATE-OWNED NATIONAL

GUARD INSTALLATIONS.

(a) I

NCLUSION OF

NDIAN

RIBES

.—Section 103A(a) of the Sikes

Act (16 U.S.C. 670c–1(a)) is amended in the matter preceding para-

graph (1) by inserting ‘‘Indian tribes,’’ after ‘‘local governments,’’.

(b) I

NDIAN

RIBE

EFINED

.—Section 100 of such Act (16 U.S.C.

670) is amended by adding at the end the following new paragraph:

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126 STAT. 1692 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(6) I

NDIAN TRIBE

.—The term ‘Indian tribe’ means any

Indian tribe, band, nation, or other organized group or commu-

nity, 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) I

SSUANCE OF

UIDANCE

EQUIRED

.—

(1) I

N 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 mili-

tary installations.

(2) E

LEMENTS

.—The guidance issued pursuant to para-

graph (1) shall address, at a minimum, the following:

(A) The criteria for when and under what cir-

cumstances 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.

significant long-term health risks from past environmental

exposures to military personnel and civilian individuals

from living or working on military installations.

(3) S

UBMISSION

.—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) B

RIEFING

EQUIRED

.—

(1) I

N 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) E

LEMENTS

.—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 identifica-

tion 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).

Records.

10 USC 1074

note.

Deadlines.

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126 STAT. 1693 PUBLIC LAW 112–239—JAN. 2, 2013

process, and any systems, that collect and maintain expo-

sure 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) R

EPORT

EQUIRED

.—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 implementa-

tion 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) E

LEMENTS OF

EPORT

.—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 implementa-

tion 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 pursu-

ant 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

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126 STAT. 1694 PUBLIC LAW 112–239—JAN. 2, 2013

aircraft and personnel as well as impacting training and readi-

ness; 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 consider-

ation given to the input provided by the military services.

Subtitle C—Logistics and Sustainment

SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES DEM-

ONSTRATION PROJECT.

(a) E

XPANSION

.—Section 338 of the National Defense Authoriza-

tion 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) D

EMONSTRATION

ROJECT

UTHORIZED

.—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) R

EAUTHORIZATION

.—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) R

EPEAL

.—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) R

EVIVAL OF

UPERSEDED

ROVISIONS

.—

(1) D

EFINITION 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.

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126 STAT. 1695 PUBLIC LAW 112–239—JAN. 2, 2013

(2) C

ORE 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.’’.

MENDMENT TO

EFINITION OF

EPOT

LEVEL

AINTENANCE

AND

EPAIR

.—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) B

IENNIAL

ORE

EPORT

.—Section 2464 of such title, as

revived by subsection (b), is amended by adding at the end the

following new subsections:

‘‘(d) B

IENNIAL

ORE

EPORT

.—Not later than April 1 of each

even-numbered year, the Secretary of Defense shall submit to Con-

gress 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 short-

falls and a plan either to correct or mitigate the effects of

the shortfalls.

‘‘(e) C

OMPTROLLER

ENERAL

EVIEW

.—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 recommenda-

tions with respect to the report by not later than 60 days after

the date on which the report is submitted to Congress.’’.

(e) C

ONFORMING

MENDMENTS

.—

(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 capabili-

ties’’ 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) E

FFECTIVE

ATE

.—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.

10 USC 2366a

note.

Recommenda-

tions.

Deadline.

10 USC

prec. 2460.

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126 STAT. 1696 PUBLIC LAW 112–239—JAN. 2, 2013

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 man-

ager, 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) A

GREEMENTS

UTHORIZED

.—Chapter 137 of title 10, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 2336. Intergovernmental support agreements with State

and local governments

‘‘(a) I

ENERAL

.—(1) The Secretary concerned may enter into

an intergovernmental support agreement with a State or local

government to provide, receive, or share installation-support serv-

ices if the Secretary determines that the agreement will serve

the best interests of the department by enhancing mission effective-

ness or creating efficiencies or economies of scale, including by

reducing costs.

‘‘(2) Notwithstanding any other provision of law, an intergovern-

mental 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) E

FFECT ON

IRST

ESPONDER

RRANGEMENTS

.—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) A

VAILABILITY OF

UNDS

.—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 appropria-

tions made available for that year. Funds received by the Secretary

as reimbursement for providing installation-support services pursu-

ant to such an agreement shall be credited to the appropriation

or account charged with providing installation support.

‘‘(d) E

FFECT ON

OMB C

IRCULAR

A-76.— The Secretary con-

cerned shall ensure that intergovernmental support agreements

authorized by this section are not used to circumvent the require-

ments of Office of Management and Budget Circular A-76 regarding

public-private competitions.

‘‘(e) D

EFINITIONS

.—In this section:

Determination.

10 USC 2336.

10 USC 8013

note.

Compliance.

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126 STAT. 1697 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) E

XPANSION

.—Section 330 of the National Defense Authoriza-

tion 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 Sec-

retary of the Army for Acquisition, Logistics, and Tech-

nology, 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 Sec-

retary of the Army for Acquisition, Logistics, and Tech-

nology’’ and inserting ‘‘the Secretary concerned’’.

(b) C

OVERED

RODUCT

MPROVEMENTS

.—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’’.

IMITATION ON

ERTAIN

ROJECTS

.—Subsection (c)(1) of such

section is amended by striking ‘‘performance envelope’’ and inserting

‘‘capability’’.

(d) R

EPORTING

EQUIREMENT

.—Subsection (e) of such section

is amended—

(1) in paragraph (2), by striking ‘‘2012’’ and inserting

‘‘2017’’; and

10 USC

prec. 2301.

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126 STAT. 1698 PUBLIC LAW 112–239—JAN. 2, 2013

(2) in paragraph (3), by striking ‘‘60 days’’ and inserting

‘‘45 days’’.

(e) E

XTENSION

.—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) C

LERICAL

MENDMENT

.—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) S

ENSE OF

ONGRESS ON

OMPLETION OF

DOD R

EPORT

.—

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) C

OMPTROLLER

ENERAL

UFFICIENCY

EVIEW

.—

(1) S

UBMISSION OF DOD REPORT

.—In addition to submitting

the report referred to in subsection (a) to Congress, the Sec-

retary of Defense shall submit the report to the Comptroller

General of the United States.

(2) S

UFFICIENCY REVIEW

.—Not later than 90 days after

receiving the report under paragraph (1), the Comptroller Gen-

eral 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.

OMPTROLLER

ENERAL

TUDY AND

EPORT ON

TRATEGIC

ORTS

.—

(1) S

TUDY 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 require-

ments of the Department; and

(B) submit to the congressional defense committees

a report containing the findings of the study.

(2) E

LEMENTS 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

and provide security for military deployments through stra-

tegic ports.

(d) S

TRATEGIC

ORT

EFINED

.—In this section, the term ‘‘stra-

tegic 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.

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126 STAT. 1699 PUBLIC LAW 112–239—JAN. 2, 2013

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 avail-

able 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

graph:

‘‘(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 activi-

ties.’’;

(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) R

EPORT

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, in consulta-

tion 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) C

ONTENTS OF

EPORT

.—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.

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126 STAT. 1700 PUBLIC LAW 112–239—JAN. 2, 2013

OINT

XERCISE

LAN

EQUIRED

.—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 Inter-

net protocol-based networks, and the GPS network, is denied. The

plan and joint exercise program shall include—

(1) the development of alternatives to satellite communica-

tions, classified Internet protocol-based networks, and GPS for

logistics, intelligence, surveillance, reconnaissance, and combat

operations; and

(2) methods to mitigate dependency on satellite communica-

tions, 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 commu-

nications, Internet protocol-based network, and GPS-denied

environment.

(d) F

ORM OF

EPORT

.—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 sub-

mitted 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 ‘‘justifica-

tion under law’’ the following: ‘‘and operational justifica-

tion’’;

(2) by redesignating paragraph (4) as paragraph (5);

(3) by inserting after paragraph (3) the following new para-

graph (4):

‘‘(4) In the case of a covered vessel described in subpara-

graph (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 subpara-

graph:

‘‘(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

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126 STAT. 1701 PUBLIC LAW 112–239—JAN. 2, 2013

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 CON-

TRACT 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 INTER-

OPERABILITY OF LAW ENFORCEMENT AND EMERGENCY

RESPONDER TRAINING.

Section 372 of title 10, United States Code, is amended—

(1) by striking ‘‘(a) I

ENERAL

.—’’; and

(2) by striking subsection (b).

SEC. 352. AEROSPACE CONTROL ALERT MISSION.

(a) C

ONSOLIDATED

UDGET

XHIBIT

.—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) R

EPORT

.—

(1) R

EPORT 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 anal-

ysis 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) C

OMPTROLLER 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.

ENSE OF

ONGRESS ON THE

SSENTIAL

ERVICE

ROVIDED

ORCE

INGS

ERFORMING

EROSPACE

ONTROL

LERT

ISSIONS

.—It is the sense of Congress that Air Force wings per-

forming 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.

10 USC 221 note.

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126 STAT. 1702 PUBLIC LAW 112–239—JAN. 2, 2013

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 congres-

sional defense committees certification in writing that sufficient

private funding has been raised to fund the construction of the

portion of the museum known as the ‘‘Baseline Museum’’ and that

at least 50 percent of the Baseline Museum has been completed.

SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT

OR INACTIVATION OF TICONDEROGA CLASS CRUISERS OR

DOCK LANDING SHIPS.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2013 for the Department

of Defense may be obligated or expended to retire, prepare to

retire, inactivate, or place in storage a cruiser or dock landing

ship.

SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VET-

ERANS MEMORIAL OBJECTS WITHOUT SPECIFIC

AUTHORIZATION IN LAW.

(a) C

ODIFICATION OF

ROHIBITION

.—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 notwith-

standing 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 pur-

poses 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 specifi-

cally authorized by law; or

‘‘(B) the transfer is made after September 30, 2017.’’.

(b) R

EPEAL OF

BSOLETE

OURCE

.—Section 1051 of the

National Defense Authorization Act for Fiscal Year 2000 (Public

Law 106–65; 10 U.S.C. 2572 note) is repealed.

Definitions.

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126 STAT. 1703 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

STABLISHMENT

.—There is established the National

Commission on the Structure of the Air Force (in this subtitle

referred to as the ‘‘Commission’’).

(b) M

EMBERSHIP

.—

(1) C

OMPOSITION

.—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;

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 Representa-

tives; and

(E) one shall be appointed by the Ranking Member

of the Committee on Armed Services of the House of Rep-

resentatives.

(2) A

PPOINTMENT 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) E

FFECT 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 subpara-

graph shall expire, and the number of members of the Commis-

sion shall be reduced by the number equal to the number

otherwise appointable under such subparagraph.

(4) E

XPERTISE

.—In making appointments under this sub-

section, consideration should be given to individuals with exper-

tise in reserve forces policy.

ERIOD OF

PPOINTMENT

; V

ACANCIES

.—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) I

NITIAL

EETING

.—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) M

EETINGS

.—The Commission shall meet at the call of the

Chair.

(f) Q

UORUM

.—A majority of the members of the Commission

shall constitute a quorum, but a lesser number of members may

hold hearings.

Deadline.

Appointments.

President.

Congress.

National

Commission on

the Structure of

the Air Force Act

of 2012.

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126 STAT. 1704 PUBLIC LAW 112–239—JAN. 2, 2013

(g) C

HAIR AND

ICE

HAIRMAN

.—The Commission shall select

a Chair and Vice Chair from among its members.

SEC. 363. DUTIES OF THE COMMISSION.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Commission shall undertake a com-

prehensive 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) C

ONSIDERATIONS

.—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 reg-

ular and reserve components of the Air Force, taking

advantage of the unique strengths and capabilities of each;

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) R

EPORT

.—Not later than February 1, 2014, the Commission

shall submit to the President and the congressional defense commit-

tees 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 legis-

lation and administrative actions it may consider appropriate in

light of the results of the study.

SEC. 364. POWERS OF THE COMMISSION.

(a) H

EARINGS

.—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) I

NFORMATION

ROM

EDERAL

GENCIES

.—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.

OSTAL

ERVICES

.—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) G

IFTS

.—The Commission may accept, use, and dispose of

gifts or donations of services or property.

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126 STAT. 1705 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 365. COMMISSION PERSONNEL MATTERS.

(a) C

OMPENSATION OF

EMBERS

.—Each member of the Commis-

sion 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) T

RAVEL

XPENSES

.—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.

TAFF

.—

(1) I

N GENERAL

.—The Chair of the Commission may, with-

out 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) C

OMPENSATION

.—The Chair of the Commission may

fix the compensation of the executive director and other per-

sonnel without regard to chapter 51 and subchapter III of

chapter 53 of title 5, United States Code, relating to classifica-

tion 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) D

ETAIL OF

OVERNMENT

MPLOYEES

.—Any Federal Govern-

ment 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) P

ROCUREMENT OF

EMPORARY AND

NTERMITTENT

ERV

ICES

.—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 equiva-

lent of the annual rate of basic pay prescribed for level V of

the Executive Schedule under section 5316 of such title.

SEC. 366. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on

which the Commission submits its report under section 363.

SEC. 367. FUNDING.

Amounts authorized to be appropriated for fiscal year 2013

and available for operation and maintenance for the Air Force

as specified in the funding table in section 4301 may be available

for the activities of the Commission under this subtitle.

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126 STAT. 1706 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle H—Other Matters

SEC. 371. MILITARY WORKING DOG MATTERS.

(a) R

ETIREMENT OF

ILITARY

ORKING

OGS

.—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 sub-

section (f):

‘‘(f) T

RANSFER OF

ETIRED

ILITARY

ORKING

OGS

.—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) V

ETERINARY

ARE FOR

ETIRED

ILITARY

ORKING

OGS

.—

(1) I

N GENERAL

.—Chapter 50 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 994. Military working dogs: veterinary care for retired

military working dogs

‘‘(a) I

ENERAL

.—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) E

LIGIBLE

OGS

.—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) S

TANDARDS OF

ARE

.—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) C

LERICAL 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 MATE-

RIAL SHIPMENTS.

(a) C

OMPTROLLER

ENERAL

EVIEW

.—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) M

ATTERS

NCLUDED

.—The review conducted under sub-

section (a) shall address the following:

(1) The relevant statutes, regulations, and guidance and

policies of the Department of Defense pertaining to the han-

dling, labeling, and packaging procedures of hazardous material

shipments to support military operations.

(2) The extent to which such guidance, policies, and proce-

dures 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

10 USC

prec. 991.

10 USC 994.

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126 STAT. 1707 PUBLIC LAW 112–239—JAN. 2, 2013

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.

EPORT

.—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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means the fol-

lowing:

(1) The congressional defense committees.

(2) The Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on Com-

merce, 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.

Definition.

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126 STAT. 1708 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH

MINIMUM LEVELS.

(a) M

INIMUM

TRENGTH

.—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) L

IMITED

EDUCTION

UTHORITY

.—Such section is further

amended by inserting after subsection (d) the following new sub-

section:

‘‘(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) A

NNUAL

IMITATION ON

RMY

TRENGTH

EDUC

TIONS

.—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) A

NNUAL

IMITATION ON

ARINE

ORPS

TRENGTH

EDUCTIONS

.—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) A

DDITIONAL

ERSONNEL

.—

(1) I

N 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 detach-

ments at United States embassies, consulates, and other diplo-

matic facilities by up to 1,000 Marines.

(2) P

URPOSE

.—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) C

ONSULTATION

.—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.

Plans.

10 USC 5983

note.

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126 STAT. 1709 PUBLIC LAW 112–239—JAN. 2, 2013

UPPORTING

NFORMATION FOR

UDGET

EQUESTS

.—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 plan-

ning, training, and advising of host nation security forces;

and

(2) A description of the current status of Marine Corps

personnel assigned to the Marine Corps Security Guard Pro-

gram 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) P

RESERVATION OF

UNDING FOR

ARINE

ORPS

NDER

ATIONAL

ILITARY

TRATEGY

.—In determining the amounts to

be requested for each fiscal year after fiscal year 2013 for the

Marine Corps Security Guard Program and for additional personnel

under the Program, the President shall ensure that amounts

requested for the Marine Corps for that fiscal year do not degrade

the readiness of the Marine Corps to fulfill the requirements of

the National Military Strategy prescribed by the Chairman of the

Joint Chiefs of Staff.

(e) R

EPORTING

EQUIREMENTS

.—

(1) M

ISSION 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) N

OTIFICATION 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.

President.

Determination.

President.

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126 STAT. 1710 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) I

ENERAL

.—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) E

TRENGTH

EDUCTIONS

.—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.

TRENGTH

NCREASES

.—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 SUP-

PORT 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.

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126 STAT. 1711 PUBLIC LAW 112–239—JAN. 2, 2013

(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) L

IMITATIONS

.—

(1) N

ATIONAL 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) A

RMY RESERVE

.—The number of non-dual status techni-

cians employed by the Army Reserve as of September 30, 2013,

may not exceed 595.

(3) A

IR 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) N

DUAL

TATUS

ECHNICIANS

EFINED

.—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) A

UTHORIZATION OF

PPROPRIATIONS

.—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 Depart-

ment of Defense for expenses, not otherwise provided for, for mili-

tary personnel, as specified in the funding table in section 4401.

(b) C

ONSTRUCTION OF

UTHORIZATION

.—The authorization of

appropriations in subsection (a) supersedes any other authorization

of appropriations (definite or indefinite) for such purpose for fiscal

year 2013.

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126 STAT. 1712 PUBLIC LAW 112–239—JAN. 2, 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 vol-

untary 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 re-

serve components who serve on active duty for more than 180 consecu-

tive 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 as-

signed to duty with service review agencies.

Sec. 521. Extension of temporary increase in accumulated leave carryover for mem-

bers of the Armed Forces.

Sec. 522. Modification of authority to conduct programs on career flexibility to en-

hance retention of members of the Armed Forces.

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed

Forces for any individual convicted of a felony sexual offense.

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation

Boards, and Physical Evaluation Board Liaison Officers.

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

Sec. 526. Report on feasibility of developing gender-neutral occupational standards

for military occupational specialties currently closed to women.

Sec. 527. Report on education and training and promotion rates for pilots of re-

motely piloted aircraft.

Sec. 528. Impact of numbers of members within the Integrated Disability Evalua-

tion System on readiness of Armed Forces to meet mission require-

ments.

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.

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126 STAT. 1713 PUBLIC LAW 112–239—JAN. 2, 2013

Sec. 544. State consideration of military training in granting certain State certifi-

cations 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 rep-

resentatives of institutions of higher education.

Sec. 546. Report on Department of Defense efforts to standardize educational tran-

scripts 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 per-

cent 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 Jun-

ior 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 indi-

vidual while a member of the Armed Forces.

Sec. 565. Modification of authority to allow Department of Defense domestic de-

pendent 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 De-

fense.

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 depart-

ments 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 re-

garding 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 sex-

ual 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 mem-

bers of the Armed Forces making an Unrestricted Report of sexual as-

sault.

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.

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126 STAT. 1714 PUBLIC LAW 112–239—JAN. 2, 2013

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 vol-

untary 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’ His-

tory Project of American Folklife Center.

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

ing 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) A

DDITIONAL

LAG

FFICER

UTHORIZED

.—Section 526(a)(2)

of title 10, United States Code, is amended by striking ‘‘160’’ and

inserting ‘‘162’’.

(b) C

ORRESPONDING

HANGE IN

OMPUTING

UMBER OF

LAG

FFICERS IN

TAFF

ORPS OF THE

AVY

.—Section 5150(c) of such

title is amended by striking the last sentence.

ODIFICATION OF

FFECTIVE

ATE OF

ERTAIN

EFORMS

OF THE

TRENGTH AND

ISTRIBUTION

IMITATIONS

PPLICABLE TO

ARINE

ORPS

ENERAL

FFICERS

.—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) E

FFECTIVE DATES

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the amendments made by this subsection shall take

effect on October 1, 2013.

‘‘(B) M

ARINE 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

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126 STAT. 1715 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 redesig-

nating 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 Sec-

retary 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 MIN-

IMUM LENGTH OF ACTIVE SERVICE AS A COMMISSIONED

OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN

OFFICER.

(a) A

RMY

.—Section 3911(b)(2) of title 10, United States Code,

is amended by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep-

tember 30, 2018’’.

(b) N

AVY AND

ARINE

ORPS

.—Section 6323(a)(2)(B) of such

title is amended by striking ‘‘September 30, 2013’’ and inserting

‘‘September 30, 2018’’.

ORCE

.—Section 8911(b)(2) of such title is amended

by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30,

2018’’.

Waiver authority.

Expiration date.

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126 STAT. 1716 PUBLIC LAW 112–239—JAN. 2, 2013

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 fol-

lowing: ‘‘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) E

STABLISHMENT OF

OSITIONS

; A

PPOINTMENT

.—Chapter 805

of title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 8039. Chief of Chaplains: appointment; duties

‘‘(a) C

HIEF OF

HAPLAINS

.—(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) S

ELECTION

OARD

.—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

Regulations.

President.

10 USC 8039.

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126 STAT. 1717 PUBLIC LAW 112–239—JAN. 2, 2013

is recommended by a board of officers that, insofar as practicable,

is subject to the procedures applicable to the selection boards con-

vened under chapter 36 of this title.

‘‘(c) G

RADE

.—An officer appointed as Chief of Chaplains who

holds a lower regular grade may be appointed in the regular grade

of major general.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 MAT-

TERS.

(a) C

ODIFICATION OF

XISTING

OSITIONS

.—Chapter 5 of title

10, United States Code, is amended by inserting after section 155

the following new section:

‘‘§ 155a. Assistants to the Chairman of the Joint Chiefs of

Staff for National Guard matters and Reserve mat-

ters

‘‘(a) E

STABLISHMENT OF

OSITIONS

.—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) S

ELECTION

.—(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 experi-

ence, 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) T

ERM OF

FFICE

.—Each Assistant to the Chairman of the

Joint Chiefs of Staff under subsection (a) serves at the pleasure

10 USC 155a.

10 USC

prec. 8031.

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126 STAT. 1718 PUBLIC LAW 112–239—JAN. 2, 2013

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) G

RADE

.—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) D

UTIES

.—(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) O

THER

ESERVE

OMPONENT

EPRESENTATION ON

OINT

TAFF

.—The Secretary of Defense, in consultation with the Chair-

man 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 compo-

nents within the armed forces.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item related

to section 155 the following new item:

‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National Guard

matters and Reserve matters.’’.

EPEAL OF

UPERSEDED

.—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 auto-

matically 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) T

RANSITION

SSISTANCE

DVISOR

ROGRAM

UTHORIZED

.—

The Chief of the National Guard Bureau may establish a program

to provide professionals (to be known as Transition Assistance

10 USC 12681.

10 USC

prec. 151.

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126 STAT. 1719 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

LIGIBLE

EMBERS

.—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.

UTIES

.—The duties of a Transition Assistance Advisor

include the following:

(1) To assist with the creation and execution of an indi-

vidual 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 Depart-

ment 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) T

RANSITION

LANS

.—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 transi-

tion 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 Sec-

retary of Defense and the Secretary of Veterans Affairs.

(e) F

UNDING

.—Funding for Transition Assistance Advisors for

a fiscal year shall be derived from amounts authorized to be appro-

priated for operation and maintenance for the National Guard

for that fiscal year.

(f) S

TATE

EFINED

.—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.

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126 STAT. 1720 PUBLIC LAW 112–239—JAN. 2, 2013

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 psy-

chiatric advanced practice registered nurse’’; and

(2) in paragraph (3), by striking ‘‘or psychiatrist’’ and

inserting ‘‘, psychiatrist, licensed clinical social worker, or psy-

chiatric advanced practice registered nurse’’.

SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED

REPORTING REQUIREMENTS.

(a) P

LAN TO

CHIEVE

ILITARY

EADERSHIP

EFLECTING

IVER

SITY OF

NITED

TATES

OPULATION

.—

(1) I

N GENERAL

.—Chapter 37 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 656. Diversity in military leadership: plan

‘‘(a) P

LAN

.—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 offi-

cers 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 popu-

lations. 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) M

ETRICS TO

EASURE

ROGRESS IN

EVELOPING AND

MPLEMENTING

LAN

.—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 diversi-

fied 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.

Procedures.

10 USC 656.

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126 STAT. 1721 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(c) D

EFINITION OF

IVERSITY

.—In developing and imple-

menting the plan under subsection (a), the Secretary of Defense

and the Secretary of Homeland Security shall develop a uniform

definition of diversity.

‘‘(d) C

ONSULTATION

.—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) C

OOPERATION

ITH

TATES

.—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) C

LERICAL 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) I

NCLUSION IN

DOD M

ANPOWER

EQUIREMENTS

EPORT

.—

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 cov-

ered 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 gen-

eral officer grades of general and lieutenant general and the

flag officer grades of admiral and vice admiral.’’.

OAST

UARD

EPORT

.—

(1) A

NNUAL REPORT REQUIRED

.—The Secretary of Homeland

Security (or the Secretary of the Navy in the event the Coast

Guard is operating as a service in the Department of the

Navy) shall prepare an annual report addressing diversity

among commissioned officers of the Coast Guard and Coast

Guard Reserve and among enlisted personnel of the Coast

Guard and Coast Guard Reserve. The report shall include—

(A) an assessment of the available pool of qualified

candidates for the flag officer grades of admiral and vice

admiral;

10 USC

prec. 651.

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126 STAT. 1722 PUBLIC LAW 112–239—JAN. 2, 2013

(B) the number of such officers and personnel, listed

by gender and race or ethnicity for each rank;

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) S

UBMISSION

.—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 sub-

mits 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 Com-

mittee on Transportation and Infrastructure, and the Com-

mittee 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 MEM-

BERS OF THE ARMED FORCES.

(a) E

XTENSION OF

ROGRAMS TO

ERTAIN

CTIVE

UARD AND

ESERVE

ERSONNEL

.—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 sub-

section (l):

‘‘(l) D

EFINITION

.—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) A

UTHORITY

ARRY

ORWARD

NUSED

CCRUED

EAVE

.—

Subsection (h) of such section is amended by adding at the end

the following new paragraph:

‘‘(5) L

EAVE

.—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 accumu-

lated in accordance with section 701 of title 10, United States

Code, but not to exceed 60 days.’’.

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126 STAT. 1723 PUBLIC LAW 112–239—JAN. 2, 2013

UTHORITY FOR

ISABILITY

ROCESSING

.—Subsection (j) of

such section is amended—

(1) in the subsection heading, by striking ‘‘M

EDICAL AND

ENTAL

ARE

’’ and inserting ‘‘C

ONTINUED

NTITLEMENTS

’’;

(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 ENLIST-

MENT IN THE ARMED FORCES FOR ANY INDIVIDUAL CON-

VICTED 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 con-

victed 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, PHYS-

ICAL EVALUATION BOARDS, AND PHYSICAL EVALUATION

BOARD LIAISON OFFICERS.

(a) I

ENERAL

.—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) O

BJECTIVES

.—The objectives of the quality assurance pro-

gram shall be as follows:

(1) To ensure accuracy and consistency in the determina-

tions 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 Evalua-

tion Boards, and of Physical Evaluation Board Liaison Officers.

(3) Such other objectives as the Secretary shall specify

for purposes of the quality assurance program.

EPORTS

.—

(1) R

EPORT 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) A

NNUAL 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 Sec-

retary shall submit to the appropriate committees of Congress

10 USC 1222

note.

10 USC 504 note.

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126 STAT. 1724 PUBLIC LAW 112–239—JAN. 2, 2013

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) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the Committee on Armed Services and the Com-

mittee on Veterans’ Affairs of the Senate; and

(B) the Committee on Armed Services and the Com-

mittee on Veterans’ Affairs of the House of Representatives.

SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF

THE ARMED FORCES.

(a) P

ERIODIC

EPORTS

EQUIRED

.—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) E

LEMENTS

.—Each report on an Armed Force under sub-

section (a) shall set forth the following for the period covered

by the report:

(1) The total number members of that Armed Force involun-

tarily separated from active duty in the Armed Forces (for

reasons other than for cause) to meet force reduction require-

ments.

(2) The number of members covered by paragraph (1) sepa-

rately set forth by grade, by total years of service in the

Armed Forces at the time of separation, and by military occupa-

tional 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 separa-

tion.

(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 OCCUPA-

TIONAL 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 incor-

porating gender-neutral occupational standards for military occupa-

tional specialties closed, as of the date of the enactment of this

Act, to female members of the Armed Forces.

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126 STAT. 1725 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION

RATES FOR PILOTS OF REMOTELY PILOTED AIRCRAFT.

(a) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 READI-

NESS OF ARMED FORCES TO MEET MISSION REQUIRE-

MENTS.

(a) A

NNUAL

MPACT

TATEMENT

.—In the materials submitted

to Congress in support of the budget for the Department of Defense

for each of fiscal years 2014 through 2018, the Secretary of each

military department shall include a statement concerning the extent

to which the number of members of an Armed Force under the

jurisdiction of the Secretary who are within the Integrated Dis-

ability 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) R

ESPONSE

LAN

.—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) A

PPOINTMENT BY THE

RESIDENT AND

ERMANENT

PPOINT

MENT TO

RADE OF

AJOR

ENERAL

.—Subsection (a) of section

5046 of title 10, United States Code, is amended—

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126 STAT. 1726 PUBLIC LAW 112–239—JAN. 2, 2013

(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 fol-

lowing 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 imme-

diately before the appointment, the officer shall be appointed

in the grade of major general.’’.

(b) D

UTIES

, A

UTHORITY

AND

CCOUNTABILITY

.—Such section

is further amended—

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

(2) by inserting after subsection (b) the following new sub-

section (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 Com-

mandant 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.’’.

OMPOSITION OF

EADQUARTERS

, M

ARINE

ORPS

.—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 para-

graph (4):

‘‘(4) The Staff Judge Advocate to the Commandant of the

Marine Corps.’’.

(d) S

UPERVISION OF

ERTAIN

EGAL

ERVICES

.—

(1) A

DMINISTRATION 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 Advo-

cate 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) D

ELIVERY 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 SUR-

VEYS 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):

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126 STAT. 1727 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 com-

mand 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 partici-

pate 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) P

ROTECTION OF

IGHTS OF

ONSCIENCE

.—

(1) A

CCOMMODATION

.—The Armed Forces shall accommo-

date 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) D

ISCIPLINARY 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) P

ROTECTION OF

HAPLAIN

ECISIONS

ELATING TO

SCIENCE

, M

ORAL

RINCIPLES

ELIGIOUS

ELIEFS

.—No member

of the Armed Forces may—

(1) require a chaplain to perform any rite, ritual, or cere-

mony 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).

EGULATIONS

.—The Secretary of Defense shall issue regula-

tions implementing the protections afforded by this section.

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

(a) R

EPORTS

EQUIRED

.—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

10 USC

prec. 1030 note.

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126 STAT. 1728 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

LEMENTS

.—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.

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 Sec-

retary 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.

UBMISSION OF

EPORTS

.—The reports required by sub-

section (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 Rep-

resentatives.

Subtitle E—Member Education and Train-

ing 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) T

RANSFER OF

UNCTIONS

.—

(1) T

RANSFER

.—The responsibility and authority for oper-

ation 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.

10 USC 1154

note.

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126 STAT. 1729 PUBLIC LAW 112–239—JAN. 2, 2013

(2) M

EMORANDUM 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 para-

graph (1), the Secretaries shall enter into a memorandum of

agreement pursuant to which the Secretary of Education will

undertake the following:

(A) Disseminate information about the Troops-to-

Teachers Program to eligible schools (as defined in sub-

section (a) of section 1154 of title 10, United States Code,

as added by subsection (b)).

(B) Advise the Department of Defense on how to pre-

pare 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.

tify 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) E

FFECTIVE 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;

(B) on such earlier date as the Secretary of Education

and the Secretary of Defense may jointly provide.

(b) E

NACTMENT OF

ROGRAM

UTHORITY IN

ITLE

10, U

NITED

TATES

ODE

.—

(1) I

N GENERAL

.—Chapter 58 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 1154. Assistance to eligible members and former members

to obtain employment as teachers: Troops-to-

Teachers Program

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) C

HARTER 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) E

LIGIBLE 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

10 USC 1154.

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126 STAT. 1730 PUBLIC LAW 112–239—JAN. 2, 2013

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) H

IGH

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 assist-

ance 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 indica-

tors;

‘‘(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) M

EMBER OF THE ARMED FORCES

.—The term ‘member

of the armed forces’ includes a retired or former member of

the armed forces.

‘‘(5) P

ARTICIPANT

.—The term ‘participant’ means an eligible

member of the armed forces selected to participate in the Pro-

gram.

‘‘(6) P

ROGRAM

.—The term ‘Program’ means the Troops-to-

Teachers Program authorized by this section.

‘‘(7) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of Defense.

‘‘(8) A

DDITIONAL 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) P

ROGRAM

UTHORIZATION

.—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

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126 STAT. 1731 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(ii) experiencing a shortage of teachers, in par-

ticular a shortage of science, mathematics, special edu-

cation, foreign language, or career or technical

teachers; and

‘‘(B) in elementary schools or secondary schools, or

as career or technical teachers.

‘‘(c) C

OUNSELING AND

EFERRAL

ERVICES

.—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 para-

graph (3)(B) of such subsection.

‘‘(d) E

LIGIBILITY AND

PPLICATION

ROCESS

.—

‘‘(1) E

LIGIBLE 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;

‘‘(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) S

UBMISSION 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) S

ELECTION 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

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126 STAT. 1732 PUBLIC LAW 112–239—JAN. 2, 2013

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) S

ELECTION 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 lan-

guage, or career or technical subjects; and

‘‘(ii) agree to seek employment as science, mathe-

matics, 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) O

THER CONDITIONS ON SELECTION

.—(A) Subject to sub-

section (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 appro-

priations for the Program available at the time of the selection

to satisfy the obligations to be incurred by the United States

under subsection (e) with respect to the member.

‘‘(B) The Secretary may not select an eligible member of

the armed forces described in paragraph (1)(B)(i) to participate

in the Program and receive financial assistance under sub-

section (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) P

ARTICIPATION

GREEMENT AND

INANCIAL

SSISTANCE

.—

‘‘(1) P

ARTICIPATION 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—

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126 STAT. 1733 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 Sec-

retary determines such waiver to be appropriate. If the Sec-

retary provides the waiver, the participant shall not be consid-

ered 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) V

IOLATION OF PARTICIPATION AGREEMENT

;

EXCEP

TIONS

.—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 reimburse-

ment exceptions that may be prescribed by the Secretary.

‘‘(3) S

TIPEND 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 partici-

pant.

‘‘(B)(i) Subject to subparagraph (C), the Secretary may pay

a bonus to a participant who agrees in the participation agree-

ment 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.

Waiver authority.

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126 STAT. 1734 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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) T

REATMENT 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 partici-

pant for Federal student financial assistance provided under

title IV of the Higher Education Act of 1965 (20 U.S.C. 1070

et seq.).

‘‘(f) R

EIMBURSEMENT

NDER

ERTAIN

IRCUMSTANCES

.—

‘‘(1) R

EIMBURSEMENT 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 tech-

nical teacher as required by the participation agreement

under subsection (e)(1).

‘‘(B) The participant voluntarily leaves, or is termi-

nated 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 viola-

tion 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) A

MOUNT 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) I

NTEREST

.—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) E

XCEPTIONS TO REIMBURSEMENT REQUIREMENT

.—A

participant shall be excused from reimbursement under this

subsection if the participant becomes permanently totally dis-

abled 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) R

ELATIONSHIP TO

DUCATIONAL

SSISTANCE

NDER

ONT

GOMERY

GI B

ILL

.—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

Waiver authority.

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126 STAT. 1735 PUBLIC LAW 112–239—JAN. 2, 2013

participant to any benefits under chapter 30 or 33 of title 38

or chapter 1606 of this title.

‘‘(h) P

ARTICIPATION BY

TATES

.—

‘‘(1) D

ISCHARGE 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) A

SSISTANCE 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 employ-

ment 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) L

IMITATION ON

OTAL

ISCAL

YEAR

BLIGATIONS

.—The total

amount obligated by the Secretary under the Program for any

fiscal year may not exceed $15,000,000.’’.

(2) C

LERICAL 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.’’.

ONFORMING

MENDMENT

.—Section 1142(b)(4)(C) of such

title is amended by striking ‘‘under section 2302’’ and all that

follows through ‘‘6672)’’.

(d) T

ERMINATION OF

EPARTMENT OF

DUCATION

ROOPS

EACHERS

ROGRAM

.—

(1) T

ERMINATION

.—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) C

LERICAL 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) E

XISTING 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 agree-

ment 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) I

ENERAL

.—Chapter 603 of title 10, United States Code,

is amended by adding at the end the following new section:

20 USC 6671

note.

20 USC

6671–6677.

10 USC

prec. 1141.

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126 STAT. 1736 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘§ 6981. Support of athletic and physical fitness programs

‘‘(a) A

UTHORITY

.—

‘‘(1) C

ONTRACTS AND COOPERATIVE AGREEMENTS

.—The Sec-

retary 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) L

EASES

.—The Secretary may enter into leases, in

accordance with section 2667 of this title, or licenses with

the Association for the purpose of supporting the athletic and

physical fitness programs of the Naval Academy. Any such

lease or license shall be deemed to satisfy the conditions of

section 2667(h)(2) of this title.

‘‘(b) U

SE OF

AVY

ERSONAL

ROPERTY BY THE

SSOCIATION

.—

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) A

CCEPTANCE OF

UPPORT

.—

‘‘(1) S

UPPORT RECEIVED FROM THE ASSOCIATION

.—Notwith-

standing section 1342 of title 31, the Secretary may accept

from the Association funds, supplies, and services for the sup-

port 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) F

UNDS 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) L

IMITATION

.—The Secretary shall ensure that contribu-

tions 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 responsi-

bility 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) R

ETENTION AND

SE OF

UNDS

.—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) T

RADEMARKS AND

ERVICE

ARKS

.—

‘‘(1) L

ICENSING

MARKETING

AND SPONSORSHIP AGREE

MENTS

.—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.

10 USC 6981.

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126 STAT. 1737 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) L

IMITATIONS

.—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) S

ERVICE ON

SSOCIATION

OARD OF

ONTROL

.—The

Association is a designated entity for which authorization under

sections 1033(a) and 1589(a) of this title may be provided.

‘‘(g) C

ONDITIONS

.—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 Mary-

land, 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) A

SSOCIATION

EFINED

.—In this section, the term ‘Associa-

tion’ means the Naval Academy Athletic Association.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) E

XPANSION OF

ROGRAM

.—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) U

SE OF

NDUSTRY

RECOGNIZED

ERTIFICATIONS

.—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 para-

graph:

‘‘(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) I

ENERAL

.—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

10 USC

prec. 6951.

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126 STAT. 1738 PUBLIC LAW 112–239—JAN. 2, 2013

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 certifi-

cation 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 certifi-

cation 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) E

FFECTIVE

ATE

.—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) R

EVIEW

EQUIRED

.—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) E

LEMENTS OF

EVIEW

.—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

38 USC 4102A

note.

Web posting.

Public

information.

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126 STAT. 1739 PUBLIC LAW 112–239—JAN. 2, 2013

on military installations and the effectiveness or shortcomings,

and the adequacy of the enforcement, of those policies and

regulations.

EPORT

.—Not later than 270 days after the date of enact-

ment 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 rec-

ommendations 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 STAND-

ARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO SEPA-

RATING MEMBERS OF THE ARMED FORCES.

(a) R

EPORT

EQUIRED

.—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 mem-

bers of the Armed Forces on their separation from the Armed

Forces.

(b) E

LEMENTS

.—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 Depart-

ment, 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 edu-

cational credits.

(3) A description of the implementation plan for the Joint

Services Transcript, including a schedule and the elements

of existing educational transcripts to be incorporated into the

Joint Services Transcript.

SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS

ON JOINT PROFESSIONAL MILITARY EDUCATION MAT-

TERS.

(a) R

EPORT ON

EVIEW OF

ILITARY

DUCATION

OORDINATION

OUNCIL

EPORT

.—

(1) R

EVIEW 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 exam-

ination 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) R

EPORT

.—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

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126 STAT. 1740 PUBLIC LAW 112–239—JAN. 2, 2013

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) R

EPORT ON

OINT

ROFESSIONAL

ILITARY

DUCATION

ESEARCH

NSTITUTIONS

.—

(1) R

EPORT 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 per-

formed by joint professional military education research institu-

tions in support of professional military education and the

broader mission of the Department of Defense, the military

departments, and the Defense Agencies.

(2) E

LEMENTS

.—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 edu-

cation colleges and universities for oversight, governance,

and management of the joint professional military edu-

cation research institutions, including systems, mecha-

nisms, and structures relating to the development of poli-

cies and budgets for research.

(B) The factors contributing to and the extent of growth

in the number and size of joint professional military edu-

cation research institutions since 2000.

sional 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 edu-

cation colleges and universities, and other oversight entities

to evaluate the performance of the joint professional mili-

tary education research institutions in meeting established

goals or objectives.

(3) D

EFINITIONS

.—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 col-

leges and universities for which research is the primary

mission or reason for existence.

(B) The term ‘‘senior and intermediate joint profes-

sional military education colleges and universities’’ means

the following:

(i) The National Defense University.

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126 STAT. 1741 PUBLIC LAW 112–239—JAN. 2, 2013

(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 EDU-

CATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF

JUNIOR RESERVE OFFICERS’ TRAINING CORPS.

(a) C

ONSOLIDATION

.—Chapter 102 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 2034. Educational institutions not maintaining units of

Junior Reserve Officers’ Training Corps: issuance

of arms, tentage, and equipment

‘‘The Secretary of a military department may issue arms, tent-

age, 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) R

EPEAL OF

EPARATE

UTHORITIES

.—Sections 4651, 7911,

and 9651 of such title are repealed.

LERICAL

MENDMENTS

.—

(1) C

ONSOLIDATED 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) A

RMY AUTHORITY

.—The table of sections at the begin-

ning of chapter 441 of such title is amended by striking the

item relating to section 4651.

(3) N

AVY AUTHORITY

.—The table of sections at the begin-

ning of chapter 667 of such title is amended by striking the

item relating to section 7911.

(4) A

IR 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.

10 USC

prec. 9651.

10 USC

prec. 7911.

10 USC

prec. 4651.

10 USC

prec. 2031.

10 USC 2034.

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126 STAT. 1742 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE

THE NUMBER OF UNITS OF THE JUNIOR RESERVE OFFI-

CERS’ TRAINING CORPS.

(a) N

UMBER OF

NITS

OVERED BY

LAN

.—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) A

DDITIONAL

XCEPTION

.—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 deter-

mine that the level of support of all kinds (including appro-

priated funds) provided to youth development programs within

the Armed Forces is consistent with funding limitations and

the achievement of the objectives of such programs.’’.

UBMITTAL OF

EVISED

LAN AND

MPLEMENTATION

EPORTS

.—Subsection (e) of such section is amended to read as

follows:

‘‘(e) T

IME FOR

UBMISSION

.—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 amend-

ments 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) R

EPORT

EQUIRED

.—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 cur-

rent 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) E

LEMENTS

.—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,

10 USC 2031

note.

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126 STAT. 1743 PUBLIC LAW 112–239—JAN. 2, 2013

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 plan-

ning 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 assess-

ment of compliance with such standards.

(6) An assessment of the projected use by the Armed Forces

of the procedures available to the Armed Forces to respond

to overages in the number of cadets and midshipmen in the

Reserve Officers’ Training Corps programs.

(7) A description of the plans of the Armed Forces to

retain or disestablish units of the Reserve Officers’ Training

Corps that do not meet productivity standards.

Subtitle G—Defense Dependents’

Education and Military Family Readiness

SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-

CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF

DEFENSE CIVILIAN EMPLOYEES.

(a) A

SSISTANCE TO

CHOOLS

ITH

IGNIFICANT

UMBERS OF

ILITARY

EPENDENT

TUDENTS

.—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 speci-

fied in the funding table in section 4301, $25,000,000 shall be

available only for the purpose of providing assistance to local edu-

cational 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) A

SSISTANCE TO

CHOOLS

ITH

NROLLMENT

HANGES

ASE

LOSURES

, F

ORCE

TRUCTURE

HANGES

ORCE

ELOCATIONS

.—

(1) E

XTENSION 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) A

MOUNT 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 sub-

section (b) of section 572 of the National Defense Authorization

Act for Fiscal Year 2006 (20 U.S.C. 7703b).

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126 STAT. 1744 PUBLIC LAW 112–239—JAN. 2, 2013

EPEAL OF

BSOLETE

UNDING

EFERENCE

.—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) L

OCAL

DUCATIONAL

GENCY

EFINED

.—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) S

HORT

ITLE

.—This section may be cited as the ‘‘Impact

Aid Improvement Act of 2012’’.

(b) A

MENDMENTS TO THE

MPACT

ROGRAM

.—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) D

ETERMINATION OF TAXABLE VALUE FOR ELIGIBLE FED

ERAL PROPERTY

.—

‘‘(A) I

N GENERAL

.—In determining the estimated tax-

able 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) S

PECIAL RULE

.—In the case of Federal property

eligible under this section that is within the boundaries

Impact Aid

Improvement Act

of 2012.

20 USC 6301

note.

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126 STAT. 1745 PUBLIC LAW 112–239—JAN. 2, 2013

of 2 or more local educational agencies, such a local edu-

cational 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

(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) I

N 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) A

MOUNT

.—

‘‘(i) I

N 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 sub-

section (b)(1)(C).

‘‘(ii) E

XCEPTION

.—In calculating such average pay-

ment 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, inclu-

sive, 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) F

OUNDATION PAYMENTS FOR NEW APPLICANTS

.—

‘‘(A) F

IRST 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) S

ECOND AND SUCCEEDING YEARS

.—For any suc-

ceeding 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

Payment.

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126 STAT. 1746 PUBLIC LAW 112–239—JAN. 2, 2013

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) A

MOUNTS

.—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 max-

imum 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 sub-

section (b) and multiply the agency’s maximum pay-

ment by such percentage.

‘‘(iii) Multiply the amount determined under clause

(ii) by 90 percent.

‘‘(D) I

NSUFFICIENT 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) R

EMAINING 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 max-

imum amount under subsection (b), data from the most current

fiscal year shall be used.

‘‘(4) D

ATA

.—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) M

ILITARY INSTALLATION AND INDIAN HOUSING UNDER

GOING RENOVATION OR REBUILDING

.—

‘‘(A) M

ILITARY INSTALLATION HOUSING

.—Beginning in

fiscal year 2014, in determining the amount of a payment

for a local educational agency for children described in

Effective date.

Determination.

Certification.

Deadline.

Determination.

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126 STAT. 1747 PUBLIC LAW 112–239—JAN. 2, 2013

paragraph (1)(D)(i), the Secretary shall consider those chil-

dren 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 para-

graph (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 chil-

dren 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) I

NDIAN LANDS

.—Beginning in fiscal year 2014,

in determining the amount of a payment for a local edu-

cational 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 Develop-

ment that those children would have resided in housing

on Indian lands if the housing was not undergoing renova-

tion 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 ren-

ovation or rebuilding; or

‘‘(ii) the total number of Federally connected chil-

dren 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) E

LIGIBLE 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) T

IMELY

AYMENTS

.—

‘‘(1) I

N 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

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126 STAT. 1748 PUBLIC LAW 112–239—JAN. 2, 2013

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 edu-

cational 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) P

AYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH

INSUFFICIENT FUNDS ARE APPROPRIATED

.—For a fiscal year in

which the amount appropriated under section 8014 is insuffi-

cient 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.’’.

FFECTIVE

ATE

, I

MPLEMENTATION

AND

EPEAL

.—

(1) I

N 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) E

FFECTIVE 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 sub-

section (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) I

MPLEMENTATION

.—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) R

EPEAL

.—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 sub-

section 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 INDI-

VIDUAL WHILE A MEMBER OF THE ARMED FORCES.

(a) I

ENERAL

.—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’’.

Applicability.

20 USC 7702,

7703, 7710.

20 USC 7702

note.

Time period.

Applicability.

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126 STAT. 1749 PUBLIC LAW 112–239—JAN. 2, 2013

(b) P

ROSPECTIVE

PPLICABILITY

.—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 SEC-

ONDARY 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) E

NROLLMENT OF

ELOCATED

EFENSE

EPENDENTS

’ E

CATION

YSTEM

TUDENTS

.—(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 nec-

essary 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) E

NROLLMENT IN

IRTUAL

LEMENTARY AND

ECONDARY

DUCATION

ROGRAM

.—(1) Under regulations prescribed by the Sec-

retary of Defense, the Secretary may authorize the enrollment

in the virtual elementary and secondary education program estab-

lished 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 oper-

ated by a local educational agency or another accredited edu-

cational 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) I

ENERAL

.—Subchapter I of chapter 33 of title 5, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 3330d. Appointment of certain military spouses

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘active duty’—

10 USC 3330d.

Regulations.

10 USC 1059

note.

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126 STAT. 1750 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 sta-

tion’ means the area from which individuals reasonably can

be expected to travel daily to and from work at the location

of a member’s permanent duty station.

‘‘(4) The term ‘permanent change of station’ means the

assignment, detail, or transfer of a member of the Armed Forces

who is on active duty and serving at a permanent duty station

under a competent authorization or order that does not—

‘‘(A) specify the duty as temporary;

‘‘(B) provide for assignment, detail, or transfer, after

that different permanent duty station, to a further different

permanent duty station; or

‘‘(C) direct return to the initial permanent duty station.

‘‘(5) The term ‘relocating spouse of a member of the Armed

Forces’ means an individual who—

‘‘(A) is married to a member of the Armed Forces

(on or prior to a permanent change of station of the

member) who is ordered to active duty for a period of

more than 180 consecutive days;

‘‘(B) relocates to the member’s permanent duty station;

and

‘‘(C) before relocating as described in subparagraph

(B), resided outside the geographic area of the permanent

duty station.

‘‘(6) The term ‘spouse of a disabled or deceased member

of the Armed Forces’ means an individual—

‘‘(A) who is married to a member of the Armed Forces

who—

‘‘(i) is retired, released, or discharged from the

Armed Forces; and

‘‘(ii) on the date on which the member retires,

is released, or is discharged, has a disability rating

of 100 percent under the standard schedule of rating

disabilities in use by the Department of Veterans

Affairs; or

‘‘(B) who—

‘‘(i) was married to a member of the Armed Forces

on the date on which the member dies while on active

duty in the Armed Forces; and

‘‘(ii) has not remarried.

‘‘(b) A

PPOINTMENT

UTHORITY

.—The head of an agency may

appoint noncompetitively—

‘‘(1) a relocating spouse of a member of the Armed Forces;

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126 STAT. 1751 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) a spouse of a disabled or deceased member of the

Armed Forces.

‘‘(c) S

PECIAL

ULES

EGARDING

ELOCATING

POUSE

.—

‘‘(1) I

N 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) S

INGLE 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 sub-

paragraphs (B) and (C) of subsection (a)(5).

‘‘(d) S

PECIAL

ULES

EGARDING

POUSE OF A

ISABLED OR

ECEASED

EMBER OF THE

RMED

ORCES

.—

‘‘(1) I

N 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) S

INGLE PERMANENT APPOINTMENT

.—A spouse of a dis-

abled or deceased member of the Armed Forces may not receive

more than 1 permanent appointment under this section.’’.

(b) R

EGULATIONS

.—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 mili-

tary spouses), in accordance with the amendment made by sub-

section (a) and promulgate or amend any other regulations nec-

essary to carry out the amendment made by subsection (a).

LERICAL

MENDMENT

.—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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 pro-

gram.

(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

5 USC

prec. 3301.

Deadline.

5 USC 3330d

note.

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126 STAT. 1752 PUBLIC LAW 112–239—JAN. 2, 2013

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 Pre-

vention and Response in the Armed

Forces

SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SUR-

VEYS.

(a) A

DDITIONAL

ONTENT OF

URVEYS

.—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 para-

graph (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, harass-

ment, or assault as the Secretary of Defense considers appro-

priate.’’.

(b) T

IME FOR

ONDUCTING OF

URVEYS

.—Such section is further

amended—

(1) in subsection (a)(1), by striking ‘‘four quadrennial sur-

veys (each in a separate year)’’ and inserting ‘‘four surveys’’;

and

(2) by striking subsection (d) and inserting the following

new subsection:

‘‘(d) W

HEN

URVEYS

EQUIRED

.—(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.’’.

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126 STAT. 1753 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY

RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF

SEXUAL ASSAULT WHILE ON ACTIVE DUTY.

(a) I

ENERAL

.—Chapter 1209 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 12323. Active duty pending line of duty determination

required for response to sexual assault

‘‘(a) C

ONTINUATION ON

CTIVE

UTY

.—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 Sec-

retary 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) R

ETURN TO

CTIVE

UTY

.—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) R

EGULATIONS

.—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 sub-

section (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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 sex-

ual assault.’’.

SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT

OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION

AND RESPONSE.

(a) P

OLICY

ODIFICATIONS

.—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:

Deadline.

10 USC

prec. 12301.

Guidelines.

Deadlines.

10 USC 12323.

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126 STAT. 1754 PUBLIC LAW 112–239—JAN. 2, 2013

(1) Subject to subsection (b), a requirement that the Sec-

retary of each military department establish a record on the

disposition of any Unrestricted Report of sexual assault

involving a member of the Armed Forces, whether such disposi-

tion is court martial, nonjudicial punishment, or other adminis-

trative 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 con-

cerned 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 there-

after 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 effective-

ness of such response.

(4) A requirement to post and widely disseminate informa-

tion 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 experi-

ences any retaliatory personnel action for making a report

of sexual assault or sexual harassment.

(b) A

DDITIONAL

EQUIREMENTS

EGARDING

ISPOSITION

ECORDS OF

EXUAL

SSAULT

EPORTS

.—

(1) E

LEMENTS

.—The record of the disposition of an Unre-

stricted 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

Notification.

Communication

and tele-

communications.

Deadline.

Assessment.

Procedures.

Regulations.

Records.

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126 STAT. 1755 PUBLIC LAW 112–239—JAN. 2, 2013

court-martial, Federal or local court and other sentencing,

or any other punishment imposed.

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 coun-

seling or intervention.

(2) R

ETENTION OF RECORDS

.—The Secretary of Defense

shall require that—

(A) the disposition records established pursuant to sub-

section (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).

OVERED

FFENSE

EFINED

.—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 Jus-

tice).

(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 ALLEGA-

TIONS OF CERTAIN SPECIAL VICTIM OFFENSES.

(a) E

STABLISHMENT

EQUIRED

.—Under regulations prescribed

by the Secretary of Defense, the Secretary of each military depart-

ment 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) P

ERSONNEL

.—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.

RAINING

, S

ELECTION

AND

ERTIFICATION

TANDARDS

.—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) D

ISCRETION

EGARDING

XTENT OF

APABILITIES

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the Secretary

of a military department shall determine the extent to which

Determination.

Regulations.

10 USC 1561

note.

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126 STAT. 1756 PUBLIC LAW 112–239—JAN. 2, 2013

special victim capabilities will be established within the mili-

tary department and prescribe regulations for the management

and use of the special victim capabilities.

(2) R

EQUIRED ELEMENTS

.—At a minimum, the special

victim capabilities established within a military department

must provide effective, timely, and responsive world-wide sup-

port for the purposes described in subsection (a).

(e) T

IME FOR

STABLISHMENT

.—

(1) I

MPLEMENTATION 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) I

NITIAL 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 sub-

section (b).

(f) E

VALUATION OF

FFECTIVENESS

.—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 Secre-

taries of the military departments to measure the effectiveness

and impact of the special victim capabilities from the investiga-

tive, 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) S

PECIAL

ICTIM

APABILITIES

EFINED

.—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 sub-

sections:

‘‘(d) C

OMMANDERS

’ T

RAINING

.—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 pre-

vent potential incidents of sexual assault.

Reports.

Criteria.

Deadline.

Reports.

Deadlines.

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126 STAT. 1757 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 avail-

able 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) E

XPLANATION TO

NCLUDED IN

NITIAL

NTRY AND

CCESSION

RAINING

.—

‘‘(1) R

EQUIREMENT

.—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) M

ATTERS 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) G

REATER

ETAIL IN

ASE

YNOPSES

ORTION OF

EPORT

.—

Section 1631 of the Ike Skelton National Defense Authorization

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433;

10 U.S.C. 1561 note) is amended by adding at the end the following

new subsection:

‘‘(f) A

DDITIONAL

ETAILS FOR

ASE

YNOPSES

ORTION OF

EPORT

.—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 administra-

tively 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 honor-

able) 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.

Applicability.

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126 STAT. 1758 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 punish-

ment, 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) A

DDITIONAL

LEMENTS OF

ACH

EPORT

.—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, com-

mands, 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 com-

mands 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.’’.

PPLICATION OF

MENDMENTS

.—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) I

NDEPENDENT

EVIEWS AND

SSESSMENTS

EQUIRED

.—

(1) R

ESPONSE 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 recommenda-

tions regarding how to improve the effectiveness of such sys-

tems.

(2) J

UDICIAL PROCEEDINGS SINCE FISCAL YEAR 2012 AMEND

MENTS

.—The Secretary of Defense shall establish a panel to

conduct an independent review and assessment of judicial pro-

ceedings conducted under the Uniform Code of Military Justice

involving adult sexual assault and related offenses since the

Establishment.

10 USC 1561

note.

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126 STAT. 1759 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

STABLISHMENT OF

NDEPENDENT

EVIEW

ANELS

.—

(1) C

OMPOSITION

.—

(A) R

ESPONSE 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) J

UDICIAL 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) Q

UALIFICATIONS

.—The members of each panel shall be

selected from among private United States citizens who collec-

tively possess expertise in military law, civilian law, the inves-

tigation, 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) C

HAIR

.—The chair of each panel shall be appointed

by the Secretary of Defense from among the members of the

panel.

(4) P

ERIOD 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) D

EADLINE FOR APPOINTMENTS

.—

(A) R

ESPONSE SYSTEMS PANEL

.—All original appoint-

ments to the panel required by subsection (a)(1) shall be

made not later than 120 days after the date of the enact-

ment of this Act.

(B) J

UDICIAL 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) M

EETINGS

.—A panel shall meet at the call of the chair.

(7) F

IRST MEETING

.—The chair shall call the first meeting

of a panel not later than 60 days after the date of the appoint-

ment of all the members of the panel.

EPORTS AND

URATION

.—

(1) R

ESPONSE 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.

Deadline.

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126 STAT. 1760 PUBLIC LAW 112–239—JAN. 2, 2013

(2) J

UDICIAL PROCEEDINGS PANEL

.—

(A) F

IRST REPORT

.—The panel established under sub-

section (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) S

UBSEQUENT REPORTS

.—The panel established

under subsection (a)(2) shall submit subsequent reports

during fiscal years 2014 through 2017.

ERMINATION

.—The panel established under sub-

section (a)(2) shall terminate on September 30, 2017.

(d) D

UTIES OF

ANELS

.—

(1) R

ESPONSE SYSTEMS PANEL

.—In conducting a systemic

review and assessment, the panel required by subsection (a)(1)

shall provide recommendations on how to improve the effective-

ness 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 protec-

tion to victims and the identification of civilian best prac-

tices that may be incorporated into any phase of the mili-

tary system.

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.

Recommenda-

tions.

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126 STAT. 1761 PUBLIC LAW 112–239—JAN. 2, 2013

(H) An assessment of the adequacy of the systems

and procedures to support and protect victims in all phases

of the investigation, prosecution, and adjudication of adult

sexual assault crimes, including whether victims are pro-

vided 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 con-

siders appropriate.

(2) J

UDICIAL PROCEEDINGS PANEL

.—The panel required by

subsection (a)(2) shall perform the following duties:

(A) Assess and make recommendations for improve-

ments in the implementation of the reforms to the offenses

relating to rape, sexual assault, and other sexual mis-

conduct 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 pro-

ceedings, 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.

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 descrip-

tion 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 deter-

mined to be inadmissible.

(F) Review and assess those instances in which evi-

dence 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 para-

graph (1)(D), assess the trends in the training and experi-

ence 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.

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126 STAT. 1762 PUBLIC LAW 112–239—JAN. 2, 2013

(I) Monitor the implementation of the April 20, 2012,

Secretary of Defense policy memorandum regarding with-

holding 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) U

TILIZATION 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) A

UTHORITY OF

ANELS

.—

(1) H

EARINGS

.—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) I

NFORMATION 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) P

ERSONNEL

ATTERS

.—

(1) P

AY OF MEMBERS

.—Members of a panel shall serve

without pay by reason of their work on the panel.

(2) T

RAVEL EXPENSES

.—The members of a panel shall be

allowed travel expenses, including per diem in lieu of subsist-

ence, at rates authorized for employees of agencies under sub-

chapter 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) S

TAFFING 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) P

ERIOD OF

ETENTION

.—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 Depart-

ment of Defense Directive-Type Memorandum (DTM) 11–062,

entitled ‘‘Document Retention in Cases of Restricted and Unre-

stricted Reports of Sexual Assault’’, or any successor directive

or policy.

(b) P

ROTECTION OF

ONFIDENTIALITY

.—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

10 USC 1561

note.

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126 STAT. 1763 PUBLIC LAW 112–239—JAN. 2, 2013

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) R

EVIEW

EQUIRED

.—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) C

ONCURRENCE

EQUIRED

.—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.

UBMISSION OF

OLICY

.—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 devel-

oped under subsection (a).

(d) A

PPLICATION OF

OLICY

.—The policy developed under sub-

section (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 PREVEN-

TION AND RESPONSE TO SEXUAL HARASSMENT IN THE

ARMED FORCES.

(a) C

OMPREHENSIVE

REVENTION AND

ESPONSE

OLICY

.—

(1) P

OLICY REQUIRED

.—The Secretary of Defense shall

develop a comprehensive policy to prevent and respond to

sexual harassment in the Armed Forces. The policy shall pro-

vide 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.

incidents of alleged sexual harassment incidences involving

members of the Armed Forces, including through the

prosecution of offenders.

(2) R

EPORT

.—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

10 USC 1561

note.

Effective date.

Deadline.

Reports.

Policy.

10 USC 1561

note.

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126 STAT. 1764 PUBLIC LAW 112–239—JAN. 2, 2013

House of Representatives a report setting forth the policy

required by paragraph (1).

(3) C

ONSULTATION

.—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) D

ATA

OLLECTION AND

EPORTING

EGARDING

UBSTAN

TIATED

NCIDENTS OF

EXUAL

ARASSMENT

.—

(1) P

LAN REQUIRED

.—The Secretary of Defense shall

develop a plan to collect information and data regarding

substantiated incidents of sexual harassment involving mem-

bers 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) S

UBMISSION 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) R

EPORTING REQUIREMENT

.—As part of the reports

required to be submitted in 2014 under section 1631 of the

Ike Skelton National Defense Authorization Act for Fiscal Year

2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561

note), the Secretary of Defense shall include information and

data collected under the plan during the preceding year

regarding substantiated incidents of sexual harassment

involving members of the Armed Forces.

Subtitle I—Suicide Prevention and

Resilience

SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF

DEPARTMENT OF DEFENSE SUICIDE PREVENTION AND

RESILIENCE PROGRAMS.

(a) I

ENERAL

.—The Secretary of Defense shall, acting

through the Under Secretary of Defense for Personnel and Readi-

ness, 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) S

COPE OF

ESPONSIBILITIES

.—The individual serving in the

position established under subsection (a) shall have the responsibil-

ities as follows:

(1) To establish a uniform definition of resiliency for use

in the suicide prevention and resilience programs and preventa-

tive 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 RESIL-

IENCE PROGRAM.

(a) C

ODIFICATION

, T

RANSFER OF

ESPONSIBILITY

AND

XTEN

SION

.—

Establishment.

10 USC 1071

note.

Deadline.

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126 STAT. 1765 PUBLIC LAW 112–239—JAN. 2, 2013

(1) I

N GENERAL

.—Chapter 1007 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 10219. Suicide prevention and resilience program

‘‘(a) P

ROGRAM

EQUIREMENT

.—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 sec-

tion 582 of the National Defense Authorization Act for Fiscal Year

2008 (10 U.S.C. 10101 note).

‘‘(b) S

UICIDE

REVENTION

RAINING

.—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) C

OMMUNITY

ESPONSE

RAINING

.—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 mili-

tary service providers in helping the families, friends, and

fellow servicemembers of a suicide victim through the processes

of grieving and healing.

‘‘(d) C

OMMUNITY

RAINING

SSISTANCE

.—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) C

OLLABORATION

.—In carrying out the program, the Sec-

retary 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) T

ERMINATION

.—The program under this section shall termi-

nate on October 1, 2017.’’.

(2) C

LERICAL 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.’’.

10 USC

prec. 10201.

10 USC 10219.

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126 STAT. 1766 PUBLIC LAW 112–239—JAN. 2, 2013

(b) R

EPEAL OF

UPERSEDED

ROVISION

.—Subsection (i) of sec-

tion 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) C

OMPREHENSIVE

OLICY

EQUIRED

.—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 Sec-

retary shall consider recommendations from the operational ele-

ments of the Armed Forces regarding the feasibility of the

implementation and execution of particular elements of the policy.

(b) E

LEMENTS

.—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 associ-

ated 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 preventa-

tive 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 pro-

viders 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 com-

pleted 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 appro-

priate in connection with the prevention of suicide among mem-

bers.

Recommenda-

tions.

Deadline.

10 USC 1071

note.

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126 STAT. 1767 PUBLIC LAW 112–239—JAN. 2, 2013

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

ARMY.

(a) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—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.

SE OF

CIENCE

BASED

VIDENCE AND

ECHNIQUES

.—In

conducting the study, the Secretary of the Army shall utilize sci-

entific evidence, including professionally accepted measurements

and assessments, to evaluate those interventions that show positive

results and those interventions that have no impact.

(d) D

URATION OF

TUDY

.—The study shall be conducted through

September 30, 2014.

(e) R

EPORT ON

TUDY

ESULTS

.—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-destruc-

tive 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 tech-

niques, utilization of positive psychology.

(3) Such recommendations or other information as the Sec-

retary 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

(2) by redesignating subsections (b) through (h) as sub-

sections (c) through (i), respectively; and

(3) by inserting after subsection (a) the following new sub-

section (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

Regulations.

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126 STAT. 1768 PUBLIC LAW 112–239—JAN. 2, 2013

by paragraph (1), (2), or (3) of subsection (a), but which the Sec-

retary concerned finds were comparable to those circumstances

under which persons have generally been held captive by enemy

armed forces during periods of armed conflict.’’.

SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION

OF THE ARMED FORCES INSTITUTE OF PATHOLOGY

UNDER DEFENSE BASE CLOSURE AND REALIGNMENT.

Section 177 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) by striking ‘‘those professional societies’’ and

all that follows through ‘‘the Armed Forces Institute

of Pathology’’ and inserting ‘‘the professional societies

and organizations that support the activities of the

American Registry of Pathology’’; and

(ii) by striking the second sentence; and

(B) in paragraph (3), by striking ‘‘with the concurrence

of the Director of the Armed Forces Institute of Pathology’’;

(2) in subsection (b)—

(A) by striking paragraph (1); and

(B) by redesignating paragraphs (2), (3), (4), and (5)

as paragraphs (1), (2), (3), and (4), respectively; and

(3) in subsection (d), by striking ‘‘to the Director’’ and

all that follows through ‘‘it deems desirable,’’ and inserting

‘‘annually to its Board and supporting organizations referred

to in subsection (a)(2)’’.

SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FED-

ERAL REGISTER ON INSTITUTIONS OF HIGHER EDU-

CATION 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 EDU-

CATIONAL ACTIVITIES AND VOLUNTARY SERVICES TO

ACCOUNT FOR MISSING PERSONS.

(a) A

CTIVITIES

ENEFITTING

DUCATION AS

ERVICES

LIGIBLE

FOR

CCEPTANCE

.—Section 2601(i)(2) of title 10, United States Code,

is amended by inserting ‘‘education,’’ before ‘‘morale,’’.

(b) A

CCEPTANCE OF

OLUNTARY

ERVICES

ELATED TO

CCOUNTING FOR

ISSING

ERSONS

.—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, COMMON-

WEALTH, AND TERRITORIAL FLAGS BY THE ARMED

FORCES.

(a) D

ISPLAY

.—Subsection (a) of section 2249b of title 10, United

States Code, is amended to read as follows:

‘‘(a) D

ISPLAY OF

LAGS BY

RMED

ORCES

.—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

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126 STAT. 1769 PUBLIC LAW 112–239—JAN. 2, 2013

Rico, the United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands.’’.

(b) C

LERICAL

MENDMENTS

.—

(1) S

ECTION HEADING

.—The heading of such section is

amended to read as follows:

‘‘§ 2249b. Display of State, District of Columbia, common-

wealth, and territorial flags by the armed forces’’.

(2) T

ABLE OF SECTIONS

.—The table of sections at the begin-

ning 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 PRO-

GRAMS.

(a) N

AVY

EFENSE

RODUCT

EVELOPMENT

ROGRAM

.—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 con-

tinuing education certificate, as applicable’’.

(b) U

NITED

TATES

ORCE

NSTITUTE OF

ECHNOLOGY

.—

Section 9314a(a) of such title is amended—

(1) in paragraph (1), by inserting ‘‘or professional con-

tinuing education certificate’’ after ‘‘graduate degree’’; and

(2) in paragraph (3), by inserting before the period at

the end the following: ‘‘or an appropriate professional con-

tinuing education certificate, as applicable’’.

EQUEST FOR

NCREASE IN

UMBER OF

EFENSE

NDUSTRY

IVILIANS

UTHORIZED FOR

DMISSION

.—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 Develop-

ment 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 Commit-

tees on Armed Services of the Senate and the House of Representa-

tives 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 JURIS-

DICTION OF DEPARTMENT OF DEFENSE.

(a) DOD I

NSPECTOR

ENERAL

NSPECTION OF

RLINGTON

ATIONAL

EMETERY AND

NITED

TATES

OLDIERS

’

AND

IRMEN

’

10 USC 7049

note.

Determination.

10 USC prec.

2241.

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126 STAT. 1770 PUBLIC LAW 112–239—JAN. 2, 2013

OME

ATIONAL

EMETERY

.—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 Sec-

retary’’; 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 para-

graph (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) T

IME FOR

UBMISSION OF

EPORT AND

LAN OF

CTION

EGARDING

NSPECTION OF

EMETERIES AT

ILITARY

NSTALLA

TIONS

.—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 DIVI-

SION OF THE AIR FORCE MORTUARY AFFAIRS OPER-

ATIONS CENTER AT DOVER AIR FORCE BASE.

(a) R

EPORT

EQUIRED

.—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 prepara-

tion of the remains of deceased members of the Armed Forces

and civilians at the Port Mortuary Division of the Air Force Mor-

tuary 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 Inde-

pendent 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) E

LEMENTS OF

EPORT

.—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 improve-

ment 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) M

AINTENANCE OF

EOGRAPHIC

EPARATION

.—To preserve

the actual and perceived editorial and management independence

of the Stars and Stripes newspaper, the Secretary of Defense shall

Extension.

Contracts.

Reports.

Assessment.

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126 STAT. 1771 PUBLIC LAW 112–239—JAN. 2, 2013

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) I

MPLEMENTATION

EPORT

.—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 CAM-

PAIGN FOR VETERANS’ HISTORY PROJECT OF AMERICAN

FOLKLIFE CENTER.

(a) I

ENERAL

.—The Director of the American Folklife Center

at the Library of Congress shall carry out a national public aware-

ness 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 through-

out 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) C

OORDINATION AND

OOPERATION

.—To the degree prac-

ticable, the Director shall, in carrying out the campaign required

by subsection (a), coordinate and cooperate with veterans service

organizations.

ETERANS

ERVICE

RGANIZATION

EFINED

.—In this section,

the term ‘‘veterans service organization’’ means any organization

recognized by the Secretary of Veterans Affairs for the representa-

tion of veterans under section 5902 of title 38, United States Code.

SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLL-

MENT 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 con-

tained 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.

20 USC 2142

note.

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126 STAT. 1772 PUBLIC LAW 112–239—JAN. 2, 2013

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 al-

lowance 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-De-

ployment/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 re-

serve 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 offi-

cers.

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 bo-

nuses 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 sepa-

rated.

Sec. 622. Authority for comprehensive program for space-available travel on De-

partment 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 In-

surance 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.

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126 STAT. 1773 PUBLIC LAW 112–239—JAN. 2, 2013

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 mem-

bers 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 trans-

formation plan.

Subtitle A—Pay and Allowances

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

(a) W

AIVER OF

ECTION

1009 A

DJUSTMENT

.—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) I

NCREASE IN

ASIC

.—Effective on January 1, 2013,

the rates of monthly basic pay for members of the uniformed serv-

ices 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 COU-

PLES WHEN ONE MEMBER IS ON SEA DUTY.

(a) I

ENERAL

.—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) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on January 1, 2013.

37 USC 403 note.

Effective date.

37 USC 1009

note.

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126 STAT. 1774 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS

PERFORMING ACTIVE GUARD AND RESERVE DUTY.

(a) T

REATMENT OF

CTIVE

UARD AND

ESERVE

UTY

.—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 subpara-

graph (A) shall be considered as retaining uninterrupted eligibility

to receive a basic allowance for housing in an area as provided

for under subsections (b)(6) and (c)(2) so long as the member

remains on active duty without a break in service.

‘‘(ii) Clause (i) does not apply if the member’s permanent duty

station changes as a result of orders directing a permanent change

in station with the authority for the movement of household goods.

‘‘(iii) For purposes of clause (i), a break in active service occurs

when one or more calendar days between active service periods

do not qualify as active service.

‘‘(D) Subsections (d)(3) and (o) also apply to a member described

in subparagraph (A).’’.

(b) T

RANSITIONAL

ROVISIONS

.—

(1) I

N 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) A

LTERNATIVE RATE

.—The Secretary of a military depart-

ment, with the approval of the Secretary of Defense, may

pay a member covered by paragraph (1) and under the jurisdic-

tion 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) P

AYMENT OF

ENEFIT

.—

37 USC 403 note.

Applicability.

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126 STAT. 1775 PUBLIC LAW 112–239—JAN. 2, 2013

(1) I

N GENERAL

.—Upon application, the Secretary con-

cerned 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) C

OVERED 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) D

ECEASED

NDIVIDUALS

.—

(1) A

PPLICATIONS

.—If an individual otherwise covered by

subsection (a) is deceased, the application required by that

subsection shall be made by the individual’s legal representa-

tive.

(2) P

AYMENT

.—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.

AYMENT IN

IEU OF

DMINISTRATIVE

BSENCE

.—Payment

under subsection (a) with respect to a day described in that sub-

section shall be in lieu of any entitlement of the individual con-

cerned to a day of administrative absence for such day.

(d) C

ONSTRUCTION

.—

(1) C

ONSTRUCTION WITH OTHER PAY

.—Any payment with

respect to an individual under subsection (a) is in addition

to any other pay provided by law.

(2) C

ONSTRUCTION OF AUTHORITY

.—It is the sense of Con-

gress 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) D

EFINITIONS

.—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’’:

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126 STAT. 1776 PUBLIC LAW 112–239—JAN. 2, 2013

(1) Section 308b(g), relating to Selected Reserve reenlist-

ment 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 com-

muting distance.

(8) Section 910(g), relating to income replacement payments

for reserve component members experiencing extended and fre-

quent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) T

ITLE

10 A

UTHORITIES

.—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) T

ITLE

37 A

UTHORITIES

.—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 reg-

istered 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 special-

ties.

(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-quali-

fied officers extending period of active service.

37 USC 478a.

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126 STAT. 1777 PUBLIC LAW 112–239—JAN. 2, 2013

(2) Section 312b(c), relating to nuclear career accession

bonus.

(3) Section 312c(d), relating to nuclear career annual incen-

tive 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 pro-

ficiency bonus.

(9) Section 355(h), relating to retention incentives for mem-

bers qualified in critical military skills or assigned to high

priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-

MENT 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 offi-

cers 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’’.

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126 STAT. 1778 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR

RESERVE COMPONENT MEMBERS WHO CONVERT MILI-

TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

SHORTAGES.

Section 326(c)(1) of title 37, United States Code, is amended

by striking ‘‘$4,000, in the case of a member of a regular component

of the armed forces, and $2,000, in the case of a member of a

reserve component of the armed forces.’’ and inserting ‘‘$4,000.’’.

Subtitle C—Travel and Transportation

Allowances

SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEM-

BERS OF SELECTED RESERVE UNITS FILLING A VACANCY

IN ANOTHER UNIT AFTER BEING INVOLUNTARILY SEPA-

RATED.

(a) T

RAVEL AND

RANSPORTATION

LLOWANCES

ENERALLY

.—

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

‘‘(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 condi-

tions (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’’.

Regulations.

Time periods.

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126 STAT. 1779 PUBLIC LAW 112–239—JAN. 2, 2013

(b) T

RAVEL AND

RANSPORTATION

LLOWANCES FOR

EPEND

ENTS AND

OUSEHOLD

FFECTS

.—Section 476 of such title is

amended—

(1) by redesignating subsections (l), (m), and (n) as sub-

sections (m), (n), and (o), respectively; and

(2) by inserting after subsection (k) the following new sub-

section (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 con-

cerned) 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 AIR-

CRAFT.

(a) P

ROGRAM

UTHORIZED

.—Section 2641b of title 10, United

States Code, is amended to read as follows:

‘‘§ 2641b. Space-available travel on Department of Defense

aircraft: program authorized and eligible recipi-

ents

‘‘(a) A

UTHORITY TO

STABLISH

ROGRAM

.—(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.

Determination.

Regulations.

Time periods.

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126 STAT. 1780 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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) C

ONDITIONS ON

STABLISHMENT AND

PERATION

.—(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 pro-

gram.

‘‘(c) E

LIGIBLE

NDIVIDUALS

.—Subject to subsection (d), the Sec-

retary 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 regula-

tions.

‘‘(5) Such other categories of individuals as the Secretary,

in the discretion of the Secretary, considers appropriate.

‘‘(d) P

RIORITIES AND

ESTRICTIONS

.—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 consider-

ations 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) S

PECIAL

RIORITY FOR

ETIRED

EMBERS

ESIDING IN

OMMONWEALTHS AND

OSSESSIONS OF THE

NITED

TATES

Deadline.

Reports.

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126 STAT. 1781 PUBLIC LAW 112–239—JAN. 2, 2013

EED

ERTAIN

EALTH

ARE

ERVICES

.—(1) Notwithstanding sub-

section (d)(1), in establishing space-available transportation prior-

ities 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 posses-

sion of the United States; and

‘‘(B) is referred by a military or civilian primary care pro-

vider located in that Commonwealth or possession to a specialty

care provider for services to be provided outside of that

Commonwealth or possession.

‘‘(3) If an individual described in subsection (c)(3) is a retired

member of a reserve component who is ineligible for retired pay

under chapter 1223 of this title by reason of being under the

eligibility age applicable under section 12731 of this title, paragraph

(1) applies to the individual only if the individual is also enrolled

in the TRICARE program for certain members of the Retired

Reserve authorized under section 1076e of this title.

‘‘(4) The priority for space-available transportation required

by this subsection applies with respect to both—

‘‘(A) the travel from the Commonwealth or possession of

the United States to receive the specialty care services; and

‘‘(B) the return travel.

‘‘(5) The requirement to provide transportation on Department

of Defense aircraft on a space-available basis on the priority basis

described in paragraph (1) to individuals covered by this subsection

applies whether or not the travel program is established under

this section.

‘‘(6) In this subsection, the terms ‘primary care provider’ and

‘specialty care provider’ refer to a medical or dental professional

who provides health care services under chapter 55 of this title.

‘‘(f) C

ONSTRUCTION

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 author-

ized and eligible recipients.’’.

Subtitle D—Benefits and Services for Mem-

bers Being Separated or Recently Sepa-

rated

SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF

COMMISSARY AND EXCHANGE BENEFITS AFTER SEPARA-

TION.

(a) E

XTENSION OF

UTHORITY

.—Section 1146 of title 10, United

States Code, is amended—

10 USC

prec. 2631.

Definitions.

Applicability.

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126 STAT. 1782 PUBLIC LAW 112–239—JAN. 2, 2013

(1) in subsection (a), by striking ‘‘2012’’ and inserting

‘‘2018’’; and

(2) in subsection (b), by striking ‘‘2012’’ and inserting

‘‘2018’’.

(b) C

ORRECTION OF

EFERENCE TO

DMINISTERING

RETARY

.—Such section is further amended—

(1) in subsection (a), by striking ‘‘The Secretary of Transpor-

tation’’ and inserting ‘‘The Secretary concerned’’; and

(2) in subsection (b), by striking ‘‘The Secretary of Home-

land Security’’ and inserting ‘‘The Secretary concerned’’.

SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.

(a) R

ESUMPTION OF

UTHORITY TO

UTHORIZE

RANSITIONAL

.—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) P

ROHIBITION ON

ROVISION OF

RANSITIONAL

ASIC

LLOW

ANCE FOR

OUSING

.—Such section is further amended by adding

at the end the following new subsection:

‘‘(c) N

RANSITIONAL

ASIC

LLOWANCE FOR

OUSING

.—

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.’’.

ORRECTION OF

EFERENCE TO

DMINISTERING

RETARY

.—Subsection (a)(2) of such section is further amended by

striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Sec-

retary 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 TERMI-

NATING PAYMENT OF THE SURVIVOR BENEFIT PLAN

ANNUITY.

(a) D

EPOSITS

EQUIRED

.—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

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126 STAT. 1783 PUBLIC LAW 112–239—JAN. 2, 2013

(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’.

(b) C

ONFORMING

MENDMENTS

.—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)’’.

PPLICATION OF

MENDMENTS

.—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 MEM-

BERS OF THE ARMED FORCES MARRIED TO OTHER MEM-

BERS.

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) I

ENERAL

.—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) E

FFECTIVE

ATE

.—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 Non-

appropriated Fund Instrumentality Ben-

efits and Operations

SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING

REQUIREMENTS APPLICABLE TO COMMISSARY AND

EXCHANGE STORES OVERSEAS.

(a) R

EPEAL

.—Section 2489 of title 10, United States Code, is

amended by striking subsections (b) and (c).

(b) C

ONFORMING

MENDMENTS

.—Such section is further

amended—

Applicability.

10 USC 1413a

note.

10 USC 1450

note.

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126 STAT. 1784 PUBLIC LAW 112–239—JAN. 2, 2013

(1) by striking ‘‘G

ENERAL

UTHORITY

.—(1)’’ and inserting

‘‘A

UTHORITY TO

STABLISH

ESTRICTIONS

.—’’;

(2) by striking ‘‘(2)’’ and inserting ‘‘(b) L

IMITATIONS ON

SE OF

UTHORITY

.—’’; and

(3) by redesignating subparagraphs (A) and (B) as para-

graphs (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) F

ISHER

OUSES AND

UTHORIZED

ISHER

OUSE

ESI

DENTS

.—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 author-

ized Fisher House residents;’’;

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

(3) by inserting after paragraph (1) the following new para-

graph:

‘‘(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 para-

graph (1) that is located in proximity to a health care

facility of the Army, the Air Force, or the Navy, the fol-

lowing 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 over-

seas.

‘‘(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) C

ONFORMING

MENDMENTS

.—Subsections (b), (e), and (f)

of such section are amended by striking ‘‘health care’’ each place

it appears.

EPEAL OF

ISCAL

EAR

2012 F

REESTANDING

ESIGNA

TION

.—Section 643 of the National Defense Authorization Act for

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed.

Definition.

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126 STAT. 1785 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle G—Military Lending

SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CON-

SUMER CREDIT FOR MEMBERS OF THE ARMED FORCES

AND THEIR DEPENDENTS.

(a) P

ROTECTIONS

GAINST

IFFERENTIAL

REATMENT ON

SUMER

REDIT

NDER

TATE

.—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) R

EGULAR

ONSULTATIONS ON

ROTECTION

.—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.’’.

FFECTIVE

ATE

.—

(1) M

ODIFICATION OF REGULATIONS

.—The Secretary of

Defense shall modify the regulations prescribed under sub-

section (h) of section 987 of title 10, United States Code, to

take into account the amendments made by subsection (a).

(2) E

FFECTIVE 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) P

UBLICATION OF EARLIER DATE

.—If the Secretary speci-

fies 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

date.

SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER

CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES

AND THEIR DEPENDENTS.

(a) C

IVIL

IABILITY

.—Section 987(f) of title 10, United States

Code, is amended by adding at the end the following new paragraph:

‘‘(5) C

IVIL LIABILITY

.—

‘‘(A) I

N 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) C

OSTS OF THE ACTION

.—In any successful action

to enforce the civil liability described in subparagraph (A),

Federal Register,

publication.

Deadline.

10 USC 987 note.

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126 STAT. 1786 PUBLIC LAW 112–239—JAN. 2, 2013

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) E

FFECT OF FINDING OF BAD FAITH AND HARASS

MENT

.—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) D

EFENSES

.—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 notwith-

standing 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) J

URISDICTION

VENUE

AND STATUTE OF LIMITA

TIONS

.—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) E

NFORCEMENT

UTHORITY

.—Such section is further

amended by inserting after paragraph (5), as added by subsection

(a), the following new paragraph:

‘‘(6) A

DMINISTRATIVE 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.’’.

PPLICATION OF

MENDMENT

.—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) D

EPENDENT

.—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.’’.

10 USC 987 note.

Deadline.

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126 STAT. 1787 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle H—Military Compensation and

Retirement Modernization Commission

SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.

(a) P

URPOSE

.—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 uni-

formed services; and

(3) modernize and achieve fiscal sustainability for the com-

pensation and retirement systems for the Armed Forces and

the other uniformed services for the 21st century.

(b) S

COPE OF

EVIEW

.—

(1) R

EQUIRED 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, sur-

vivors, and other persons authorized to receive such

payments as a result of their connection to the mem-

bers 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, terri-

tories, 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

Recommenda-

tions.

Establishment.

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126 STAT. 1788 PUBLIC LAW 112–239—JAN. 2, 2013

(vi) military family housing; and

appropriate.

(2) P

RIORITIES

.—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 serv-

ices about remaining in the those services; and

(B) closely weigh its recommendations regarding the

web of interrelated programs supporting spouses and fami-

lies of members of the uniformed services, so that changes

in such programs do not adversely impact decisions to

remain in the uniformed services.

(3) E

XCEPTION

.—The Commission shall not examine any

program that uses appropriated funding for initial entry

training or unit training of members of the uniformed services.

EFINITIONS

.—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 Compensa-

tion 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 sys-

tems’’ means the military compensation system and the military

retirement system.

(5) The term ‘‘military compensation system’’ means provi-

sions of law providing eligibility for and the computation of

military compensation, including regular military compensa-

tion, 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 retire-

ment 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 MODERNIZA-

TION COMMISSION.

(a) E

STABLISHMENT

.—There is established in the executive

branch an independent commission to be known as the Military

Compensation and Retirement Modernization Commission. The

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126 STAT. 1789 PUBLIC LAW 112–239—JAN. 2, 2013

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) M

EMBERSHIP

.—

(1) N

UMBER AND APPOINTMENT

.—The Commission shall be

composed of nine members appointed as follows:

(A) The President shall appoint one member.

(B) The Majority Leader of the Senate, in consultation

with the Chairman of the Committee on Armed Services

of the Senate, shall appoint two members.

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 Representa-

tives, in consultation with the Ranking Member of the

Committee on Armed Services of the House of Representa-

tives, shall appoint two members.

(2) D

EADLINE FOR APPOINTMENT

.—Members shall be

appointed to the Commission under paragraph (1) not later

than four months after the Commission establishment date.

(3) Q

UALIFICATIONS 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 retire-

ment.

(B) Military compensation and retirement.

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 uni-

formed 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) L

IMITATION

.—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.

HAIR

.—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

President.

Congress.

President.

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126 STAT. 1790 PUBLIC LAW 112–239—JAN. 2, 2013

of the Commission and be responsible for establishing the agenda

of Commission meetings and hearings.

(d) T

ERMS

.—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) S

TATUS AS

EDERAL

MPLOYEES

.—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) P

AY FOR

EMBERS OF THE

OMMISSION

.—

(1) I

N 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) C

HAIR

.—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) I

ENERAL

.—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) M

EETINGS

.—

(1) I

NITIAL 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) S

UBSEQUENT MEETINGS

.—After its initial meeting, the

Commission shall meet upon the call of the Chair or a majority

of its members.

(3) P

UBLIC MEETINGS

.—Each meeting of the Commission

shall be held in public unless any member objects.

UORUM

.—Five members of the Commission shall constitute

a quorum, but a lesser number may hold hearings.

(d) P

UBLIC

OMMENTS

.—

(1) S

OLICITATION

.—The Commission shall seek written com-

ments from the general public and interested parties on meas-

ures 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) P

ERIOD 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 solicita-

tion and shall end on or before the date on which the Secretary

Federal Register,

publication.

Web posting.

Lists.

Public

information.

Web posting.

Deadlines.

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126 STAT. 1791 PUBLIC LAW 112–239—JAN. 2, 2013

transmits the recommendations of the Secretary to the Commis-

sion under section 674(b).

(3) U

SE BY COMMISSION

.—The Commission shall consider

the comments submitted under this subsection when developing

its recommendations.

(e) S

PACE FOR

SE OF

OMMISSION

.—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 iden-

tify 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) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-

OMMENDATIONS.

(a) C

ONTEXT OF

OMMISSION

EVIEW

.—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) D

EVELOPMENT OF

OMMISSION

ECOMMENDATIONS

.—

(1) C

ONSISTENCY WITH PRESIDENTIAL PRINCIPLES

.—Subject

to paragraph (2), the Commission shall develop recommenda-

tions that are consistent with the principles established by

the President under subsection (c) and section 671.

(2) G

RANDFATHERING OF RETIRED PAY

.—

(A) C

ONDITIONS

.—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 retire-

ment 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 retire-

ment 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) V

OLUNTARY 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 com-

pensation and retirement systems.

RESIDENTIAL

RINCIPLES

.—Not later than five months after

the Commission establishment date, the President shall establish

Deadline.

Compliance.

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126 STAT. 1792 PUBLIC LAW 112–239—JAN. 2, 2013

and transmit to the Commission and Congress principles for mod-

ernizing the military compensation and retirement systems. The

principles established by the President shall address the following:

(1) Maintaining recruitment and retention of the best mili-

tary personnel.

(2) Modernizing the regular and reserve military compensa-

tion 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 com-

pensation and retirement systems.

(7) Compliance with the purpose and scope of the review

prescribed in section 671.

(d) S

ECRETARY OF

EFENSE

ECOMMENDATIONS

.—

(1) D

EADLINE

.—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 rec-

ommendations to Congress.

(2) D

EVELOPMENT OF RECOMMENDATIONS

.—The Secretary

shall develop the recommendations of the Secretary under para-

graph (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;

Human Services, with respect to recommendations con-

cerning members of the Public Health Service;

(D) in consultation with the Secretary of Commerce,

with respect to recommendations concerning members of

the National Oceanic and Atmospheric Administration; and

(E) in consultation with the Director of the Office of

Management and Budget.

(3) J

USTIFICATION

.—The Secretary shall include with the

recommendations under paragraph (1) the justification of the

Secretary for each recommendation.

(4) A

VAILABILITY OF INFORMATION

.—The Secretary shall

make available to the Commission and to Congress the informa-

tion used by the Secretary to prepare the recommendations

of the Secretary under paragraph (1).

(e) C

OMMISSION

EARINGS ON

ECOMMENDATIONS OF

RETARY

.—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) C

OMMISSION

EPORT AND

ECOMMENDATIONS

.—

(1) R

EPORT

.—Not later than 15 months after the Commis-

sion 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

Public

information.

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126 STAT. 1793 PUBLIC LAW 112–239—JAN. 2, 2013

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 sub-

section (d).

(2) R

EQUIREMENT FOR APPROVAL

.—The recommendations

of the Commission must be approved by at least five members

of the Commission before the recommendations may be trans-

mitted to the President under paragraph (1).

(3) P

ROCEDURES FOR CHANGING RECOMMENDATIONS OF SEC

RETARY

.—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

(4) C

OVERED 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

(5) E

XPLANATION 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) T

RANSMITTAL 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 para-

graph (1).

SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY

THE PRESIDENT.

(a) R

EPORT OF

RESIDENTIAL

PPROVAL OR

ISAPPROVAL

.—Not

later than 60 days after the date on which the Commission trans-

mits its report to the President under section 674, the President

shall transmit to the Commission and to Congress a report con-

taining the approval or disapproval by the President of the rec-

ommendations of the Commission in the report.

(b) P

RESIDENTIAL

PPROVAL

.—If in the report under subsection

(a) the President approves all the recommendations of the Commis-

sion, 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.

RESIDENTIAL

ISAPPROVAL

.—

(1) R

EASONS FOR DISAPPROVAL

.—If in the report under sub-

section (a) the President disapproves the recommendations of

Certification.

Records.

Public

information.

Applicability.

Notice.

Deadline.

Determination.

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126 STAT. 1794 PUBLIC LAW 112–239—JAN. 2, 2013

the Commission, in whole or in part, the President shall include

in the report the reasons for that disapproval.

(2) R

EVISED RECOMMENDATIONS FROM COMMISSION

.—Not

later than one month after the date of the report of the Presi-

dent under subsection (a) disapproving the recommendations

of the Commission, the Commission shall transmit to the Presi-

dent revised recommendations for the modernization of the

military compensation and retirement systems, together with

revised legislative language to implement the revised rec-

ommendations of the Commission.

(3) A

CTION ON REVISED RECOMMENDATIONS

.—If the Presi-

dent approves all of the revised recommendations of the

Commission transmitted pursuant to paragraph (2), the Presi-

dent 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.

the President.

(d) T

ERMINATION OF

OMMISSION

.—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 trans-

mittal of a report under subsection (c)(3).

SEC. 676. EXECUTIVE DIRECTOR.

(a) A

PPOINTMENT

.—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) L

IMITATIONS

.—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) I

ENERAL

.—Subject to subsections (b) and (c), the Execu-

tive 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) L

IMITATIONS ON

TAFF

.—

(1) N

UMBER 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 Depart-

ment of Defense and other executive branch departments.

(2) P

RIOR 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) N

UMBER OF DETAILEES ELIGIBLE FOR MILITARY RETIRED

PAY

.—Not more than one-fourth of the personnel employed

Certification.

Records.

Deadline.

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126 STAT. 1795 PUBLIC LAW 112–239—JAN. 2, 2013

by or detailed to the Commission may be persons eligible for

or receiving military retired pay.

(4) P

RIOR 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.

IMITATIONS ON

ERFORMANCE

EVIEWS

.—No member of

the uniformed services, and no officer or employee of the Depart-

ment 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 Commis-

sion 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) I

NCLUSION IN

EFINITION OF

ONTINGENCY

PERATION

.—

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) C

REDIT OF

ERVICE

OWARDS

EDUCTION OF

LIGIBILITY

GE FOR

ECEIPT OF

ETIRED

AY FOR

-R

EGULAR

ERVICE

.—

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 sec-

tion 712 of title 14 for purposes of emergency augmentation of

the Regular Coast Guard forces.’’.

OST

9/11 E

DUCATIONAL

SSISTANCE

.—Section 3301(1)(B)

of title 38, United States Code, is amended by inserting ‘‘or section

712 of title 14’’ after ‘‘title 10’’.

(d) R

ETROACTIVE

PPLICATION OF

MENDMENTS

.—

10 USC 101 note.

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126 STAT. 1796 PUBLIC LAW 112–239—JAN. 2, 2013

(1) I

NCLUSION 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) C

REDIT FOR PRIOR SERVICE

.—The amendments made

by this section shall be deemed to have been enacted on

December 31, 2011, for purposes of applying the amendments

to the following provisions of law:

(A) Section 5538 of title 5, United States Code, relating

to nonreduction in pay.

(B) Section 701 of title 10, United States Code, relating

to the accumulation and retention of leave.

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) R

EPORT

EQUIRED

.—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 Commit-

tees 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) C

ONTENTS OF

EPORT

.— The report required in under sub-

section (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

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, Trans-

formation 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

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126 STAT. 1797 PUBLIC LAW 112–239—JAN. 2, 2013

the Texas Veterans Commission and other State or local agen-

cies 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 appro-

priate. Such plan shall include—

(A) a description of how the Secretary intends to lever-

age such partnerships with non-Federal entities to elimi-

nate 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 for-

mulary.

Sec. 703. Modification of requirements on mental health assessments for members

of the Armed Forces deployed in connection with a contingency oper-

ation.

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 pro-

gram.

Sec. 706. Pilot program on enhancements of Department of Defense efforts on men-

tal health in the National Guard and Reserves through community part-

nerships.

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 sub-

contractors 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 engage-

ments.

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 Af-

fairs 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.

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126 STAT. 1798 PUBLIC LAW 112–239—JAN. 2, 2013

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 cer-

tain 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 com-

pensation 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 serv-

ices 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 cer-

tain 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 SEPA-

RATED.

(a) TRICARE S

TANDARD

OVERAGE

.—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 D

ENTAL

OVERAGE

.—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 pro-

vide 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 con-

cerned, 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) I

NCLUSION

.—Subsection (a)(2) of section 1074g of title 10,

United States Code, is amended—

Time period.

Termination

dates.

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126 STAT. 1799 PUBLIC LAW 112–239—JAN. 2, 2013

(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) D

EFINITIONS

.—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 Cos-

metic Act (21 U.S.C. 353(b)).’’.

ECHNICAL

MENDMENTS

.—

(1) C

ROSS

REFERENCE AMENDMENT

.—Subsection (b)(1) of

such section is amended by striking ‘‘subsection (g)’’ and

inserting ‘‘subsection (h)’’.

(2) R

EPEAL 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 com-

mittee’’.

(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,’’.

Determination.

Regulations.

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126 STAT. 1800 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH

ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES

DEPLOYED IN CONNECTION WITH A CONTINGENCY OPER-

ATION.

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) P

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a pilot program to provide for the treatment of autism spectrum

disorders, including applied behavior analysis.

(2) C

OMMENCEMENT

.—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) D

URATION

.—The Secretary may not carry out the pilot pro-

gram under subsection (a)(1) for longer than a one-year period.

EPORT

.—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) D

EFINITIONS

.—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 PARTNER-

SHIPS.

(a) P

ROGRAM

UTHORITY

.—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.

10 USC 10101

note.

10 USC 1092

note.

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126 STAT. 1801 PUBLIC LAW 112–239—JAN. 2, 2013

(b) A

GREEMENTS

ITH

OMMUNITY

ARTNERS

.—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.

OMMUNITY

ARTNER

ESCRIBED

.—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 treat-

ments of mental health and substance use disorders and trau-

matic brain injury described in paragraph (1).

(3) Outreach and education to such members, their families

and caregivers, and the public about mental health and sub-

stance use disorders and traumatic brain injury described in

paragraph (1).

(d) D

URATION

.—The duration of the pilot program may not

exceed three years.

(e) R

EPORT

.—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 pro-

vided treatment or services by community partners, and a descrip-

tion 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 trau-

matic brain injury.

SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEM-

BERS 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 extraor-

dinary 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 contribu-

tions 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) A

UTOMATIC

NROLLMENT OF

ERTAIN

EPENDENTS

.—(1)

In the case of a dependent of a member of the uniformed services

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126 STAT. 1802 PUBLIC LAW 112–239—JAN. 2, 2013

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 PRO-

GRAM OF THE TRICARE PROGRAM.

(a) I

ENERAL

.—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 sub-

section (h), shall establish cost-sharing requirements under the

pharmacy benefits program. In accordance with subparagraph (C),

such cost-sharing requirements shall consist of the following:

‘‘(i) With respect to each supply of a prescription covering

not more than 30 days that is obtained by a covered beneficiary

under the TRICARE retail pharmacy program—

‘‘(I) in the case of generic agents, $5;

‘‘(II) in the case of formulary agents, $17; and

‘‘(III) in the case of nonformulary agents, $44.

‘‘(ii) With respect to each supply of a prescription covering

not more than 90 days that is obtained by a covered beneficiary

under the national mail-order pharmacy program—

‘‘(I) in the case of generic agents, $0;

‘‘(II) in the case of formulary agents, $13; and

‘‘(III) in the case of nonformulary agents, $43.’’; and

(2) by adding at the end the following new subparagraph:

‘‘(C)(i) 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) E

FFECTIVE

ATE

.—

(1) I

N 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

10 USC 1074g

note.

Applicability.

Effective date.

Requirements.

Notification.

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126 STAT. 1803 PUBLIC LAW 112–239—JAN. 2, 2013

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) F

EDERAL 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 DEPART-

MENT OF DEFENSE.

(a) A

PPLICABILITY OF

EDERAL

ORT

LAIMS

CT TO

CONTRACTORS

.—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) A

PPLICABILITY OF

ERSONAL

ERVICES

ONTRACTING

UTHORITY TO

UBCONTRACTORS

.—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 pro-

vide 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 EFFI-

CIENCY OF HEALTH ENGAGEMENTS.

(a) I

ENERAL

.—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 secu-

rity goals of the United States.

(b) P

ROCESS

OALS

.—The Assistant Secretary of Defense for

Health Affairs shall ensure that each process developed under sub-

section (a)—

(1) assesses the operational mission capabilities of the

health engagement;

Process.

10 USC 401 note.

Notice.

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126 STAT. 1804 PUBLIC LAW 112–239—JAN. 2, 2013

(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.

SSESSMENT

OOL

.—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) H

EALTH

NGAGEMENT

EFINED

.—In this section, the term

‘‘health engagement’’ means a health stability operation conducted

by the Department of Defense outside the United States in coordina-

tion 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 MEDICA-

TIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH

THE TRICARE MAIL-ORDER PHARMACY PROGRAM.

(a) I

ENERAL

.—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) M

EDICATIONS

OVERED

.—

(1) D

ETERMINATION

.—The Secretary shall determine the

prescription maintenance medications included in the pilot pro-

gram under subsection (a).

(2) S

UPPLY

.—In carrying out the pilot program under sub-

section (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) E

XEMPTION

.— 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.

ONPARTICIPATION

.—

(1) O

PT 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) W

AIVER

.—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.

Time period.

10 USC 1074g

note.

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126 STAT. 1805 PUBLIC LAW 112–239—JAN. 2, 2013

(d) R

EGULATIONS

.—The Secretary shall prescribe regulations

to carry out the pilot program under subsection (a), including regu-

lations 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 bene-

ficiary 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 uni-

formed services.

(e) R

EPORTS

.—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) S

UNSET

.—The Secretary may not carry out the pilot program

under subsection (a) after December 31, 2017.

(g) TRICARE

FOR

IFE

ENEFICIARY

EFINED

.—In this section,

the term ‘‘TRICARE for Life beneficiary’’ means a TRICARE bene-

ficiary 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 DEPART-

MENT OF VETERANS AFFAIRS OF RECORDS AND INFORMA-

TION RETAINED UNDER THE MEDICAL TRACKING SYSTEM

FOR MEMBERS OF THE ARMED FORCES DEPLOYED OVER-

SEAS.

(a) I

ENERAL

.—The Secretary of Defense and the Secretary

of Veterans Affairs shall jointly enter into a memorandum of under-

standing providing for the sharing by the Department of Defense

with the Department of Veterans Affairs of the results of examina-

tions 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) C

ESSATION

PON

MPLEMENTATION OF

LECTRONIC

EALTH

ECORD

.—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 Vet-

erans Affairs.

SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN

PEER SUPPORT COUNSELING PROGRAMS OF THE DEPART-

MENT OF VETERANS AFFAIRS.

(a) P

ARTICIPATION

.—

(1) I

N GENERAL

.—The Secretary of Defense and the Sec-

retary of Veterans Affairs shall jointly enter into a memo-

randum of understanding providing for members of the Armed

Memorandum.

38 USC 1712A

note.

Memorandum.

10 USC 1074f

note.

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126 STAT. 1806 PUBLIC LAW 112–239—JAN. 2, 2013

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) T

RAINING

.—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) C

OVERED

EMBERS

.—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 the-

ater of combat operations in which such members participated

in combat against the enemy.

SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH

CONDITIONS.

(a) R

ESEARCH AND

RACTICE

.—The Secretary of Defense shall

provide for the translation of research on the diagnosis and treat-

ment of mental health conditions into policy on medical practices.

(b) R

EPORT

.—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 Sec-

retary considers appropriate with respect to such translation.

SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PRO-

VIDED BY THE DEPARTMENT OF VETERANS AFFAIRS.

(a) M

EASUREMENT OF

ENTAL

EALTH

ARE

ERVICES

.—

(1) I

N 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) E

LEMENTS

.—The measures developed and implemented

under paragraph (1) shall provide an accurate and comprehen-

sive assessment of the following:

Deadline.

38 USC 1712A

note.

10 USC 1071

note.

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126 STAT. 1807 PUBLIC LAW 112–239—JAN. 2, 2013

(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.

health care.

(D) The availability and furnishing of evidence-based

therapies by the Department.

(b) G

UIDELINES FOR

TAFFING

ENTAL

EALTH

ARE

ERV

ICES

.—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 stand-

ards for providers of mental health care.

TUDY

OMMITTEE

.—

(1) I

N 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) F

UNCTIONS

.—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 com-

mittee—

(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, Oper-

ation 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;

erans 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

Contracts.

Deadline.

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126 STAT. 1808 PUBLIC LAW 112–239—JAN. 2, 2013

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 arrange-

ments under existing law); and

(ii) to improve the effectiveness and efficiency of

mental health services furnished by the Secretary.

(3) P

ARTICIPATION 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 rec-

ommendations 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) P

ERIODIC 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 provi-

sion of other consultation to the Secretary by the study com-

mittee to assist the Secretary in carrying out subsections (a)

and (b).

(5) R

EPORTS 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 Rep-

resentatives 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) P

UBLICATION

.—

(1) I

N GENERAL

.—The Secretary shall make available to

the public on an Internet website of the Department the fol-

lowing:

(A) The measures and guidelines developed and imple-

mented under this section.

(B) An assessment of the performance of the Depart-

ment using such measures and guidelines.

(2) Q

UARTERLY UPDATES

.—The Secretary shall update the

measures, guidelines, and assessment made available to the

public under paragraph (1) not less frequently than quarterly.

(e) S

EMIANNUAL

EPORTS

.—

(1) I

N 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 sub-

section (c)(5) a report on the Secretary’s progress in developing

Public

information.

Web posting.

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126 STAT. 1809 PUBLIC LAW 112–239—JAN. 2, 2013

and implementing the measures and guidelines required by

this section.

(2) E

LEMENTS

.—Each report submitted under paragraph

(1) shall include the following:

(A) A description of the development and implementa-

tion 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 guide-

lines.

furnished by the Department, using the measures devel-

oped 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 adminis-

trative action as the Secretary may have to improve the

effectiveness and efficiency of the mental health care serv-

ices furnished under laws administered by the Secretary.

(f) I

MPLEMENTATION

EPORT

.—

(1) I

N 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) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) A detailed description of the measures and guide-

lines that the Secretary plans to implement under this

section.

(B) A description of the rationale for each measure

and guideline the Secretary plans to implement under this

section.

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 FUR-

NISHING 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 indi-

vidual referred to in subparagraph (C), the Secretary

shall furnish counseling, including by furnishing coun-

seling through a Vet Center, to the individual—

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126 STAT. 1810 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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 read-

justing to civilian life, to the degree that counseling fur-

nished to such individual is found to aid in the readjust-

ment 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 difficul-

ties 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 associ-

ated 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 hos-

tilities 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 phys-

ical 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—

Applicability.

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126 STAT. 1811 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(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);

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 indi-

vidual a comprehensive individual assessment as

described in paragraph (1)(B)’’;

(2) in subsection (b)(1), by striking ‘‘physician or psycholo-

gist’’ 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 oper-

ated by the Department for the provision of services under

this section and which is situated apart from Department gen-

eral 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 para-

graph (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.’’.

Definition.

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126 STAT. 1812 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING

SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS.

(a) I

ENERAL

.—Subchapter I of chapter 73 of title 38, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 7309. Readjustment Counseling Service

‘‘(a) I

ENERAL

.—There is in the Veterans Health Administra-

tion a Readjustment Counseling Service. The Readjustment Coun-

seling Service shall provide readjustment counseling and associated

services to individuals in accordance with section 1712A of this

title.

‘‘(b) C

HIEF

FFICER

.—(1) The head of the Readjustment Coun-

seling Service shall be the Chief Officer of the Readjustment Coun-

seling 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 associa-

tion;

‘‘(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 Readjust-

ment 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) S

TRUCTURE

.—(1) The Readjustment Counseling Service is

a distinct organizational element within Veterans Health Adminis-

tration.

‘‘(2) The Readjustment Counseling Service shall provide coun-

seling 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) S

OURCE OF

UNDS

.—(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.

38 USC 7309.

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126 STAT. 1813 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(e) A

NNUAL

EPORT

.—(1) Not later than March 15 of each

year, the Secretary shall submit to the Committee on Veterans’

Affairs of the Senate and the Committee on Veterans’ Affairs of

the House of Representatives a report on the activities of the

Readjustment Counseling Service during the preceding calendar

year.

‘‘(2) Each report submitted under paragraph (1) shall include,

with respect to the period covered by the report, the following:

‘‘(A) A summary of the activities of the Readjustment Coun-

seling 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) V

ENTER

EFINED

.—In this section, the term ‘Vet

Center’ has the meaning given the term in section 1712A(h)(1)

of this title.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

ONFORMING

MENDMENTS

.—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 para-

graph (7):

‘‘(7) A Readjustment Counseling Service.’’.

SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FUR-

NISHING MENTAL HEALTH SERVICES ON BEHALF OF THE

DEPARTMENT OF VETERANS AFFAIRS WITHOUT COM-

PENSATION FROM THE DEPARTMENT.

(a) I

ENERAL

.—The Secretary of Veterans Affairs shall carry

out a national program of outreach to societies, community organiza-

tions, 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) P

ARTNERING

ITH AND

EVELOPING

OMMUNITY

NTITIES

AND

ONPROFIT

RGANIZATIONS

.—In carrying out the program

required by subsection (a), the Secretary may partner with a

community entity or nonprofit organization or assist in the develop-

ment 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 sub-

section (a) in order to maximize the availability and efficient

delivery of mental health services to veterans by such societies,

organizations, and government entities.

38 USC 7405

note.

38 USC

prec. 7301.

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126 STAT. 1814 PUBLIC LAW 112–239—JAN. 2, 2013

ILITARY

ULTURE

RAINING

.—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 suffi-

cient understanding of military-specific and service-specific culture,

combat experience, and other factors that are unique to the experi-

ence of veterans who served in Operation Enduring Freedom, Oper-

ating Iraqi Freedom, or Operation New Dawn.

SEC. 730. PEER SUPPORT.

(a) P

EER

UPPORT

OUNSELING

ROGRAM

.—

(1) P

ROGRAM 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) T

RAINING

.—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 Omni-

bus Health Services Act of 2010 (38 U.S.C. 1712A note)’’.

(3) A

VAILABILITY 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 appro-

priate, the Secretary shall carry out the peer support program

under this subsection at each Department medical center.’’.

(4) D

EADLINE FOR COMMENCEMENT OF PROGRAM

.—The Sec-

retary 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) P

EER

UTREACH AND

EER

UPPORT

ERVICES AT

EPART

MENT

EDICAL

ENTERS

NDER

ROGRAM ON

EADJUSTMENT AND

ENTAL

EALTH

ARE

ERVICES FOR

ETERANS

ERVED IN

PERATION

NDURING

REEDOM AND

PERATION

RAQI

REEDOM

.—

(1) I

N GENERAL

.—Section 304 of the Caregivers and Vet-

erans 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) P

ROVISION OF

EER

UTREACH AND

EER

UPPORT

ERV

ICES AT

EPARTMENT

EDICAL

ENTERS

.—The Secretary shall carry

out the services required by subparagraphs (A) and (B) of subsection

(a)(1) at each Department medical center.’’.

(2) D

EADLINE

.—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 Depart-

ment of Veterans Affairs medical center, as required by sub-

section (e) of such section (as added by paragraph (1)), not

later than 270 days after the date of the enactment of this

Act.

38 USC 1712A

note.

38 USC 1720F

note.

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126 STAT. 1815 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle D—Reports and Other Matters

SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILI-

TARY HEALTH SYSTEM.

(a) D

ETAILED

LAN

.—In implementing reforms to the govern-

ance 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) E

LEMENTS

.—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 tech-

nology, and contractor support; and

(v) the anticipated cost savings to be realized by

implementing the shared service.

UBMISSION

.—The Secretary of Defense shall submit to the

congressional defense committees the plan developed under sub-

section (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 Sep-

tember 30, 2013.

(d) L

IMITATIONS

.—

10 USC 1071

note.

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126 STAT. 1816 PUBLIC LAW 112–239—JAN. 2, 2013

(1) F

IRST 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) S

ECOND 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) C

OMPTROLLER GENERAL REVIEW

.—The Comptroller Gen-

eral of the United States shall submit to the congressional

defense committees a review of the contents of the plan sub-

mitted under each of paragraphs (1) and (2) to assess whether

the Secretary of Defense meets the requirements of such con-

tents.

(4) A

CCOUNTS 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 profes-

sional support services.

gram, for travel.

(D) Operation and maintenance, Defense Health Pro-

gram, for management professional support services.

(e) S

HARED

ERVICES

EFINED

.—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) R

EPORT

EQUIRED

.—

(1) I

N 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) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) A description, by region, of the difference in avail-

ability of TRICARE Prime for eligible beneficiaries (other

than eligible beneficiaries on active duty in the Armed

Forces) under newly awarded TRICARE managed care con-

tracts, 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.

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126 STAT. 1817 PUBLIC LAW 112–239—JAN. 2, 2013

(B) An estimate of the increased costs to be incurred

by an affected eligible beneficiary for health care under

the TRICARE program.

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 appro-

priate.

(b) D

EFINITIONS

.—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 sub-

section (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 CON-

TRACT 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 CHIL-

DREN OF MEMBERS OF THE ARMED FORCES.

(a) S

TUDY

.—The Secretary of Defense shall conduct a study

on the health care and related support provided by the Secretary

to dependent children.

(b) E

LEMENTS

.—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.

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126 STAT. 1818 PUBLIC LAW 112–239—JAN. 2, 2013

(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 spe-

cialty 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.

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional 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) D

EFINITIONS

.—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) R

EPORT

.—

(1) I

N GENERAL

.—Not later than March 1, 2013, the Sec-

retary 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) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) Required research, development, testing, and

evaluation investments to validate human-based training

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126 STAT. 1819 PUBLIC LAW 112–239—JAN. 2, 2013

methods to refine, reduce, and, when appropriate, transi-

tion 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 ani-

mals in medical education and training.

based training methods, including resource availability,

anticipated technological development timelines, and poten-

tial impact on the present combat trauma training cur-

ricula.

(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 med-

ical personnel.

(E) An assessment of risks to maintaining the level

of combat life-saver techniques performed by all members

of the Armed Forces.

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘combat trauma injuries’’ means severe

injuries likely to occur during combat, including—

(A) extremity hemorrhage;

(B) tension pneumothorax;

(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;

(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 proce-

dures.

SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS

OF THE ARMED FORCES SERVING ON ACTIVE DUTY.

(a) S

TUDY

.—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) E

LEMENTS

.—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.

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126 STAT. 1820 PUBLIC LAW 112–239—JAN. 2, 2013

(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 mili-

tary 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 under-

standing of the Department of Defense of the incidence of

breast cancer among such members.

(8) An assessment of the effectiveness of outreach to mem-

bers 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.

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on the findings and recommenda-

tions 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 DEPART-

MENTS.

(a) M

ETRICS

EQUIRED

.—The Secretary of Defense shall estab-

lish a policy containing uniform performance outcome measure-

ments 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) E

LEMENTS

.—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 appro-

priate.

ILESTONES

.—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 pro-

gram.

(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) C

OHORT

ROUPS AND

ARAMETERS

.—The policy established

under subsection (a)—

(1) may differentiate among cohort groups within the popu-

lation of members in Warriors in Transition programs, as appro-

priate; and

Policy.

10 USC 1071

note.

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126 STAT. 1821 PUBLIC LAW 112–239—JAN. 2, 2013

(2) shall include parameters for specific outcome measure-

ments in each element under subsection (b) and each metric

and milestone under subsection (c).

(e) R

EPORTS

EQUIRED

.—

(1) I

NITIAL 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) A

NNUAL 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 mem-

bers in Warriors in Transition programs in each spe-

cific 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 assist-

ance;

(iv) any differences in outcomes in Warriors in

Transition programs, and the reason for any such dif-

ferences; 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) W

ARRIORS IN

RANSITION

ROGRAM

EFINED

.—In this sec-

tion, 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 fol-

lows:

(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 Oper-

ations Command.

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126 STAT. 1822 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PRO-

GRAMS OF THE DEPARTMENT OF DEFENSE ON PSYCHO-

LOGICAL HEALTH AND TRAUMATIC BRAIN INJURY.

(a) S

ENSE OF

ONGRESS

.—Congress supports the efforts of the

Secretary of Veterans Affairs and the Secretary of Defense to edu-

cate 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-trau-

matic stress disorder.

(b) P

LAN

.—

(1) I

N 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 psycho-

logical health of members of the Armed Forces.

(2) E

LEMENTS

.—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 pro-

grams.

(B) A plan for mitigating the gaps and redundancies

identified under subparagraph (A).

who will be responsible for leading the implementation

of the plan described in paragraph (1).

TITLE VIII—ACQUISITION POLICY, AC-

QUISITION MANAGEMENT, AND RE-

LATED 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 De-

fense 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 develop-

ment 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 enact-

ment of Milestone B certification and approval process.

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126 STAT. 1823 PUBLIC LAW 112–239—JAN. 2, 2013

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 cer-

tain commercial items.

Sec. 823. Codification and amendment relating to life-cycle management and prod-

uct support requirements.

Sec. 824. Codification of requirement relating to Government performance of crit-

ical 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 pro-

tections.

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 avoid-

ance 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 Af-

ghanistan.

Sec. 843. Responsibility within Department of Defense for operational contract sup-

port.

Sec. 844. Data collection on contract support for future overseas contingency oper-

ations involving combat operations.

Sec. 845. Inclusion of operational contract support in certain requirements for De-

partment 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 Afghani-

stan.

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 data-

bases 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.

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126 STAT. 1824 PUBLIC LAW 112–239—JAN. 2, 2013

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) I

ENERAL

.—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 subpara-

graphs (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 regula-

tions 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) C

ONFORMING

MENDMENTS

.—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 CON-

TRACTS.

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;

Deadline.

10 USC 2304

note.

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126 STAT. 1825 PUBLIC LAW 112–239—JAN. 2, 2013

(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) I

ENERAL

.—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 acquisi-

tion-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) A

CQUISITION

ORKFORCE

EFINED

.—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 lim-

ited purpose of receiving training for the performance of

acquisition-related functions and duties.’’.

(b) E

XTENSION OF

XPEDITED

IRING

UTHORITY

.—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’’.

LAN

EQUIRED

.—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

Deadline.

10 USC 1705

note.

Determination.

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126 STAT. 1826 PUBLIC LAW 112–239—JAN. 2, 2013

processes for designating temporary members and appropriate safe-

guards to prevent the abuse of such authority.

SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR

PROFITS.

(a) R

EVIEW OF

UIDELINES ON

ROFITS

.—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 con-

tractor performance. In conducting the review, the Secretary shall

obtain the views of experts and interested parties in Government

and the private sector.

(b) M

ATTERS

ONSIDERED

.—In conducting the review

required by subsection (a), the Secretary shall consider, at a min-

imum, the following:

(1) Appropriate levels of profit needed to sustain competi-

tion 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 sub-

contractors.

(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, subcon-

tractor cost reduction, subcontractor management, and effective

competition (including the use of small business) at the sub-

contract level.

ODIFICATION OF

UIDELINES

.—Not later than 180 days

after the date of the enactment of this Act, the Secretary shall

modify the profit guidelines described in subsection (a) to make

such changes as the Secretary determines to be appropriate based

on the review conducted pursuant to that subsection.

SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS

FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT

OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES.

(a) D

ISCRETIONARY

UTHORITY

.—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 para-

graphs (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) C

ONFORMING

MENDMENTS

.—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

Deadline.

10 USC 2302

note.

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126 STAT. 1827 PUBLIC LAW 112–239—JAN. 2, 2013

(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 ‘‘sub-

section (a)(4)’’.

SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF

SUPPLY-CHAIN RISK.

(a) E

XTENSION

.—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) V

ERIFICATION OF

FFECTIVE

MPLEMENTATION

.—Section 806

of such Act is further amended by adding at the end the following

new subsection:

‘‘(h) V

ERIFICATION OF

FFECTIVE

MPLEMENTATION

.—

‘‘(1) C

RITERIA 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) R

EPORTS

.—The Secretary shall submit to the appro-

priate 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).’’.

ECHNICAL

MENDMENT

.—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) F

INDINGS

.—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 equip-

ment 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) S

ENSE OF

ONGRESS

.—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 Acquisi-

tion Regulation, on Unique Identification, which states that

a unique identification equivalent recognized by the Depart-

ment is required for certain acquisitions;

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126 STAT. 1828 PUBLIC LAW 112–239—JAN. 2, 2013

(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 contin-

ued training and leadership to enable the Department to cap-

ture 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) P

ROHIBITION

ITH

ESPECT TO

RODUCTION OF

AJOR

EFENSE

CQUISITION

ROGRAMS

.—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) E

XCEPTION

.—

(1) I

N 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 pro-

vide a required capability in a timely and cost-effective manner.

(2) S

COPE 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.

EFINITIONS

.—In this section:

(1) M

AJOR 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) P

RODUCTION OF A MAJOR DEFENSE ACQUISITION PRO

GRAM

.—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) C

ONTRACT 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 con-

tracts for major upgrades that are themselves major

defense acquisition programs).

(d) A

PPLICABILITY

.—The requirements of this section shall apply

to contracts for the production of major defense acquisition pro-

grams entered into on or after October 1, 2014.

Effective date.

Certification.

Deadline.

Regulations.

10 USC 2430

note.

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126 STAT. 1829 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CON-

TRACTS FOR THE DEVELOPMENT OR PRODUCTION OF

MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) D

EPARTMENT OF

EFENSE

EVIEW

.—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 rec-

ommendations on decisions to enter into or terminate such con-

tracts.

(b) C

OMPTROLLER

ENERAL OF THE

NITED

TATES

EPORT

.—

(1) I

N 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 commit-

tees 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) M

ATTERS 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 enact-

ment 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 con-

tracts 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.

OVERED

ONTRACTS

.—For purposes of this section, a cov-

ered 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) M

AJOR

EFENSE

CQUISITION

ROGRAM

EFINED

.—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)’’.

Definition.

Deadline.

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126 STAT. 1830 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS

INITIATED BEFORE ENACTMENT OF MILESTONE B CER-

TIFICATION AND APPROVAL PROCESS.

Subsection (b) of section 205 of the Weapon Systems Acquisition

Reform Act of 2009 (Public Law 111–23; 123 Stat. 1725; 10 U.S.C.

2366b note) is repealed.

Subtitle C—Amendments to General Con-

tracting 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) E

XTENSION

.—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) T

ECHNICAL

MENDMENT TO

ROSS

EFERENCES

.—Sub-

section (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) C

ODIFICATION AND

MENDMENT

.—

(1) I

N 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:

‘‘§ 2337. Life-cycle management and product support

‘‘(a) G

UIDANCE ON

IFE

-C

YCLE

ANAGEMENT

.—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 guid-

ance 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 pro-

viding the best possible product support outcomes at the lowest

operations and support cost.

‘‘(b) P

RODUCT

UPPORT

ANAGERS

.—

10 USC 2337.

Effective date.

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126 STAT. 1831 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(1) R

EQUIREMENT

.—The Secretary of Defense shall require

that each major weapon system be supported by a product

support manager in accordance with this subsection.

‘‘(2) R

ESPONSIBILITIES

.—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 oper-

ation 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 sup-

port 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, revali-

date any business-case analysis performed in support of

the product support strategy; and

‘‘(H) ensure that the product support strategy maxi-

mizes small business participation at the appropriate tiers.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) P

RODUCT SUPPORT

.—The term ‘product support’ means

the package of support functions required to field and maintain

the readiness and operational capability of major weapon sys-

tems, subsystems, and components, including all functions

related items.

(b) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary of Commerce, in consultation

with the heads of other Federal departments and agencies as appro-

priate, shall submit to Congress a report describing the actions

taken to implement this section, including identification of resource

Consultation.

President.

22 USC 2778

note.

Consultation.

22 USC 2778

note.

President.

22 USC 2778

note.

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126 STAT. 2021 PUBLIC LAW 112–239—JAN. 2, 2013

shortfalls or other constraints on effective end-use monitoring of

satellites and related items described in subsection (a).

SEC. 1265. INTERAGENCY REVIEW OF MODIFICATIONS TO CATEGORY

XV OF THE UNITED STATES MUNITIONS LIST.

(a) I

ENERAL

.—Subject to section 38(f) of the Arms Export

Control Act (22 U.S.C. 2778(f)), the President shall ensure that

the Secretary of State, the Secretary of Defense, the Secretary

of Commerce and, as appropriate, the Director of National Intel-

ligence and the heads of other appropriate Federal departments

and agencies, will review any removal or addition of an item to

Category XV of the United States Munitions List (relating to space-

craft systems and associated equipment).

(b) E

FFECTIVE

ATE

.—The requirement of subsection (a) shall

apply with respect to any item described in subsection (a) that

is proposed to be removed or added to Category XV of the United

States Munitions List on or after the date of the enactment of

this Act.

SEC. 1266. RULES OF CONSTRUCTION.

(a) I

ENERAL

.—Subtitle B of title XV of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (Public

Law 105–261; 112 Stat. 2173; 22 U.S.C. 2778 note) shall continue

to apply to satellites and related items that are subject to the

Export Administration Regulations (15 CFR part 730 et seq.) as

a result of the enactment of section 1261(a).

(b) A

DDITIONAL

ULE

.—Nothing in this subtitle or any amend-

ment made by this subtitle shall be construed as removing or

limiting the authorities of the President under subsection (a) or

(b) of section 1514 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112

Stat. 2175; 22 U.S.C. 2778 note) with respect to defense articles

and defense services that remain subject to the jurisdiction of

the International Traffic in Arms Regulations.

SEC. 1267. DEFINITIONS.

In this subtitle:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Foreign Relations, the Com-

mittee on Banking, Housing, and Urban Affairs, the Com-

mittee on Armed Services, and the Select Committee on

Intelligence of the Senate; and

(B) the Committee on Foreign Affairs, the Committee

on Armed Services, and the Permanent Select Committee

on Intelligence of the House of Representatives.

(2) S

TATE SPONSOR OF TERRORISM

.—The term ‘‘state sponsor

of terrorism’’ means any country the government of which the

Secretary of State has determined has repeatedly provided

support for international terrorism pursuant to—

(A) section 6(j) of the Export Administration Act of

1979 (50 U.S.C. App. 2405) (as continued in effect under

the International Emergency Economic Powers Act);

(B) section 620A of the Foreign Assistance Act of 1961

(22 U.S.C. 2371);

U.S.C. 2780); or

(D) any other provision of law.

22 USC 2778

note.

22 USC 2778

note.

Applicability.

President.

22 USC 2778

note.

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126 STAT. 2022 PUBLIC LAW 112–239—JAN. 2, 2013

(3) U

NITED STATES MUNITIONS LIST

.—The term ‘‘United

States Munitions List’’ means the list referred to in section

38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

Subtitle F—Other Matters

SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY

AND SECURITY DEVELOPMENTS INVOLVING THE PEO-

PLE’S REPUBLIC OF CHINA.

Section 1202(b) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is

amended—

(1) by amending paragraph (9) to read as follows:

‘‘(9) Developments in China’s asymmetric capabilities,

including its strategy and efforts to develop and deploy

cyberwarfare and electronic warfare capabilities, details on the

number of malicious cyber incidents originating from China

against Department of Defense infrastructure, and associated

activities originating or suspected of originating from China.’’;

(2) by redesignating paragraphs (10), (11),and (12) as para-

graphs (15), (16), and (17) respectively;

(3) by inserting after paragraph (9) the following new para-

graphs:

‘‘(10) The strategy and capabilities of Chinese space and

counterspace programs, including trends, global and regional

activities, the involvement of military and civilian organiza-

tions, including state-owned enterprises, academic institutions,

and commercial entities, and efforts to develop, acquire, or

gain access to advanced technologies that would enhance Chi-

nese military capabilities.

‘‘(11) Developments in China’s nuclear program, including

the size and state of China’s stockpile, its nuclear strategy

and associated doctrines, its civil and military production capac-

ities, and projections of its future arsenals.

‘‘(12) A description of China’s anti-access and area denial

capabilities.

‘‘(13) A description of China’s command, control, commu-

nications, computers, intelligence, surveillance, and reconnais-

sance modernization program and its applications for China’s

precision guided weapons.

‘‘(14) A description of the roles and activities of the People’s

Liberation Army Navy and those of China’s paramilitary and

maritime law enforcement vessels, including their response to

United States naval activities.’’; and

(4) by adding after paragraph (17), as redesignated by

paragraph (2) of this section, the following new paragraphs:

‘‘(18) A description of Chinese military-to-military relation-

ships with other countries, including the size and activity of

military attache offices around the world and military education

programs conducted in China for other countries or in other

countries for the Chinese.

‘‘(19) A description of any significant sale or transfer of

military hardware, expertise, and technology to or from the

People’s Republic of China, including a forecast of possible

future sales and transfers, a description of the implications

of those sales and transfers for the security of the United

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126 STAT. 2023 PUBLIC LAW 112–239—JAN. 2, 2013

States and its partners and allies in Asia, and a description

of any significant assistance to and from any selling state

with military-related research and development programs in

China.’’.

SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS.

(a) I

ENERAL

.—Subsection (a) of section 1244 of the National

Defense Authorization Act for Fiscal Year 2010 (Public Law 111–

84; 123 Stat. 2541), as amended by section 1242 of the Ike Skelton

National Defense Authorization Act for Fiscal Year 2011 (Public

Law 111–383; 124 Stat. 4405), is further amended—

(1) by striking ‘‘fiscal year 2011’’ and inserting ‘‘each of

fiscal years 2013, 2014, and 2015’’;

(2) by striking ‘‘section 301(1)’’ and inserting ‘‘section 301’’;

and

(3) by inserting ‘‘for such fiscal year’’ after ‘‘$50,000,000’’.

(b) A

NNUAL

EPORT

.—Such section, as so amended, is further

amended by adding at the end the following:

‘‘(d) A

NNUAL

EPORT

.—Not later than March 1 of each year,

the Secretary of Defense shall submit to the congressional defense

committees a report regarding support for the NSHQ. Each report

shall include the following:

‘‘(1) The total amount of funding provided by the United

States and other NATO nations to the NSHQ for operating

costs of the NSHQ.

‘‘(2) A description of the activities carried out with such

funding, including—

‘‘(A) the amount of funding allocated for each such

activity;

‘‘(B) the extent to which other NATO nations partici-

pate in each such activity;

‘‘(C) the extent to which each such activity is designed

to meet the purposes set forth in paragraphs (1) through

(5) of subsection (b); and

‘‘(D) an assessment of the extent to which each such

activity will promote the mission of the NSHQ.

‘‘(3) Other contributions, financial or in kind, provided by

the United States and other NATO nations in support of the

NSHQ.

‘‘(4) Any other matters that the Secretary of Defense con-

siders appropriate.’’.

SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL

PROJECTS IN CONNECTION WITH OVERSEAS CONTIN-

GENCY OPERATIONS.

(a) L

IMITATION

.—

(1) I

N GENERAL

.—Commencing 60 days after the date of

the enactment of this Act—

(A) amounts authorized to be appropriated for the

Department of Defense may not be obligated or expended

for a capital project described in subsection (b) unless the

Secretary of Defense, in consultation with the United States

commander of military operations in the country in which

the project will be carried out, completes an assessment

on the necessity and sustainability of the project;

(B) amounts authorized to be appropriated for the

Department of State may not be obligated or expended

for a capital project described in subsection (b) unless the

Effective date.

Consultation.

Assessment.

22 USC 2421f.

22 USC 1928

note.

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126 STAT. 2024 PUBLIC LAW 112–239—JAN. 2, 2013

Secretary of State, in consultation with the Chief of Mission

in the country in which the project will be carried out,

completes an assessment on the necessity and sustain-

ability of the project; and

United States Agency for International Development may

not be obligated or expended for a capital project described

in subsection (b) unless the Administrator of the United

States Agency for International Development, in consulta-

tion with the Mission Director and the Chief of Mission

in the country in which the project will be carried out,

completes an assessment on the necessity and sustain-

ability of the project.

(2) E

LEMENTS

.—Each assessment on a capital project under

this subsection shall include, but not be limited to, the fol-

lowing:

(A) An estimate of the total cost of the completed

project to the United States.

(B) An estimate of the financial and other requirements

necessary for the host government to sustain the project

on an annual basis after completion of the project.

the capacity (in both financial and human resources) to

maintain and use the project after completion.

(D) A description of any arrangements for the

sustainment of the project following its completion if the

host government lacks the capacity (in financial or human

resources) to maintain the project.

(E) An assessment whether the host government has

requested or expressed its need for the project, and an

explanation of the decision to proceed with the project

absent such request or need.

(F) An assessment by the Secretary of Defense, where

applicable, of the effect of the project on the military mis-

sion of the United States in the country concerned.

(b) C

OVERED

APITAL

ROJECTS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), a

capital project described in this subsection is any capital project

overseas for an overseas contingency operation for the benefit

of a host country and funded by the Department of Defense,

the Department of State, or the United States Agency for

International Development, as applicable, if the capital

project—

(A) in the case of a project that directly supports

building the capacity of indigenous security forces in the

host country, has an estimated value in excess of

$10,000,000;

(B) in the case of any project not covered by subpara-

graph (A) that is to be funded by the Department of State

or the United States Agency for International Development,

has an estimated value in excess of $5,000,000; or

value in excess of $2,000,000.

(2) E

XCLUSION

.—A capital project described in this sub-

section does not include any project for military construction

(as that term is defined in section 114(b) of title 10, United

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126 STAT. 2025 PUBLIC LAW 112–239—JAN. 2, 2013

States Code) or a military family housing project under section

2821 of such title.

AIVER

.—The Secretary of Defense, the Secretary of State,

or the Administrator of the United States Agency for International

Development, as applicable, may waive the limitation in subsection

(a) in order to initiate a capital project if such Secretary or the

Administrator, as the case may be, determines that the project

is in the national security, diplomatic, or humanitarian interests

of the United States. In the first report submitted under subsection

(d) after any waiver under this subsection, such Secretary or the

Administrator shall include a detailed justification of such waiver.

Not later than 90 days after issuing a waiver under this subsection,

such Secretary or the Administrator shall submit to the appropriate

committees of Congress the assessment described in subsection

(a) with respect to the capital project concerned.

(d) S

EMI

ANNUAL

EPORTS

.—

(1) I

N GENERAL

.—Not later than 30 days after the end

of any fiscal-year half-year in which the Secretary of Defense,

the Secretary of State, or the Administrator of the United

States Agency for International Development conducts an

assessment under subsection (a), such Secretary or the

Administrator, as the case may be, shall submit to the appro-

priate committees of Congress a report setting forth each

assessment so conducted during such fiscal-year half-year,

including the elements of each capital project so assessed speci-

fied in subsection (a)(2).

(2) A

DDITIONAL ELEMENTS

.—In addition to the matters pro-

vided for in paragraph (1), each report under that paragraph

shall include the following:

(A) For each capital project covered by such report,

an evaluation (other than by amount of funds expended)

of the effectiveness of such project, including, at a min-

imum, the following:

(i) The stated goals of the project.

(ii) The actions taken to assess and verify whether

the project has met the stated goals of the project

or is on track to meet such goals when completed.

(iii) The current and anticipated levels of involve-

ment of local governments, communities, and individ-

uals in the project.

(B) For each country or region in which a capital

project covered by such report is being carried out, an

assessment of the current and anticipated risks of corrup-

tion or fraud in connection with such project.

(3) F

ORM

.—Each report shall be submitted in unclassified

form, but may include a classified annex.

(e) D

EFINITIONS

.—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 Appro-

priations 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.

Determination.

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126 STAT. 2026 PUBLIC LAW 112–239—JAN. 2, 2013

(2) The term ‘‘capital project’’ has the meaning given that

term in section 308 of the Aid, Trade, and Competitiveness

Act of 1992 (22 U.S.C. 2421e).

(3) The term ‘‘overseas contingency operation’’ means a

military operation outside the United States and its territories

and possessions that is a contingency operation (as that term

is defined in section 101(a)(13) of title 10, United States Code).

SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN,

AND AUSTRALIAN ARMIES’ PROGRAM.

(a) A

UTHORITY

.—As part of the participation by the United

States in the land-force program known as the American, British,

Canadian, and Australian Armies’ Program (in this section referred

to as the ‘‘Program’’), the Secretary of Defense may, with the concur-

rence of the Secretary of State, enter into agreements with the

other participating countries in accordance with this section, and

the Program shall be managed pursuant to a joint agreement among

the participating countries.

(b) P

ARTICIPATING

OUNTRIES

.—In addition to the United

States, the countries participating in the Program are the following:

(1) Australia.

(2) Canada.

(3) New Zealand.

(4) The United Kingdom.

ONTRIBUTIONS BY

ARTICIPANTS

.—

(1) I

N GENERAL

.—An agreement under subsection (a) shall

provide that each participating country shall contribute to the

Program—

(A) its equitable share of the full cost for the Program,

including the full cost of overhead and administrative costs

related to the Program; and

(B) any amount allocated to it in accordance with the

agreement for the cost for monetary claims asserted against

any participating country as a result of participation in

the Program.

(2) A

DDITIONAL AUTHORIZED CONTRIBUTION

.—Such an

agreement shall also provide that each participating country

(including the United States) may provide its contribution for

its equitable share under the agreement in funds, in personal

property, or in services required for the Program (or in any

combination thereof).

(3) F

UNDING FOR UNITED STATES CONTRIBUTION

.—Any con-

tribution by the United States to the Program that is provided

in funds shall be made from funds available to the Department

of Defense for operation and maintenance.

(4) T

REATMENT OF CONTRIBUTIONS RECEIVED FROM OTHER

COUNTRIES

.—Any contribution received by the United States

from another participating country to meet that country’s share

of the costs of the Program shall be credited to appropriations

available to the Department of Defense, as determined by the

Secretary of Defense. The amount of a contribution credited

to an appropriation account in connection with the Program

shall be available only for payment of the share of the Program

expenses allocated to the participating country making the

contribution. Amounts so credited shall be available for the

following purposes:

10 USC 2350a

note.

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126 STAT. 2027 PUBLIC LAW 112–239—JAN. 2, 2013

(A) Payments to contractors and other suppliers

(including the Department of Defense and participating

countries acting as suppliers) for necessary goods and serv-

ices of the Program.

(B) Payments for any damages and costs resulting

from the performance or cancellation of any contract or

other obligation in support of the Program.

pating country as a result of the participation of that

country in the Program.

(D) Payments or reimbursements of other Program

expenses, including overhead and administrative costs for

any administrative office for the Program.

(E) Refunds to other participating countries.

(5) C

OSTS OF OPERATION OF OFFICES ESTABLISHED FOR PRO

GRAM

.—Costs for the operation of any office established to

carry out the Program shall be borne jointly by the participating

countries as provided for in an agreement referred to in sub-

section (a).

(d) A

UTHORITY

ONTRACT FOR

ROGRAM

CTIVITIES

.—As

part of the participation by the United States in the Program,

the Secretary of Defense may enter into contracts or incur other

obligations on behalf of the other participating countries for activi-

ties under the Program. Any payment for such a contract or other

obligation under this subsection may be paid only from contributions

credited to an appropriation under subsection (c)(4).

(e) D

ISPOSAL OF

ROPERTY

.—As part of the participation by

the United States in the Program, the Secretary of Defense may,

with respect to any property that is jointly acquired by the countries

participating in the Program, agree to the disposal of the property

without regard to any law of the United States that is otherwise

applicable to the disposal of property owned by the United States.

Such disposal may include the transfer of the interest of the United

States in the property to one or more of the other participating

countries or the sale of the property. Reimbursement for the value

of the property disposed of (including the value of the interest

of the United States in the property) shall be made in accordance

with an agreement under subsection (a).

(f) R

EPORTS

.—Not later than 60 days before the expiration

date of any agreement under subsection (a), the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives a report on the activities, costs,

and accomplishments of the Program during the five-year period

ending on the date of such report.

(g) S

UNSET

.—Any agreement entered into by the United States

with another country under subsection (a), and United States

participation in the joint agreement described in that subsection,

shall expire not later than five years after the date of the enactment

of this Act.

SEC. 1275. UNITED STATES PARTICIPATION IN HEADQUARTERS

EUROCORPS.

(a) P

ARTICIPATION

UTHORIZED

.—The Secretary of Defense may,

with the concurrence of the Secretary of State, authorize the partici-

pation of members of the Armed Forces as members of the staff

of Headquarters Eurocorps for the purpose of supporting the North

10 USC 113 note.

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126 STAT. 2028 PUBLIC LAW 112–239—JAN. 2, 2013

Atlantic Treaty Organization (NATO) activities of the NATO Rapid

Deployable Corps Eurocorps.

(b) M

EMORANDUM OF

NDERSTANDING

.—

(1) R

EQUIREMENT

.—The participation of members of the

Armed Forces as members of the staff of Headquarters

Eurocorps shall be in accordance with the terms of one or

more memoranda of understanding entered into by the Sec-

retary of Defense, with the concurrence of the Secretary of

State, and Headquarters Eurocorps.

(2) C

OST

SHARING ARRANGEMENTS

.—If Department of

Defense facilities, equipment, or funds are used to support

Headquarters Eurocorps, the memoranda of understanding

under paragraph (1) shall provide details of any cost-sharing

arrangement or other funding arrangement.

IMITATION ON

UMBER OF

EMBERS

ARTICIPATING AS

TAFF

.—Not more than two members of the Armed Forces may

participate as members of the staff of Headquarters Eurocorps,

until the Secretary of Defense submits to the Committees on Armed

Services of the Senate and the House of Representatives a report

setting forth the following:

(1) A certification by the Secretary of Defense that the

participation of more than two members of the Armed Forces

in Headquarters Eurocorps is in the national interests of the

United States.

(2) A description of the benefits of the participation of

the additional members proposed by the Secretary.

(3) A description of the plans for the participation of the

additional members proposed by the Secretary, including the

grades and posts to be filled.

(4) A description of the costs associated with the participa-

tion of the additional members proposed by the Secretary.

(d) N

OTICE ON

ARTICIPATION OF

UMBER OF

EMBERS

BOVE

ERTAIN

EILING

.—Not more than 10 members of the Armed Forces

may participate as members of the staff of Headquarters Eurocorps

unless the Secretary of Defense submits to the Committees on

Armed Services of the Senate and the House of Representatives

a notice that the number of members so participating will exceed

10 members.

(e) A

VAILABILITY OF

PPROPRIATED

UNDS

.—

(1) A

VAILABILITY

.—Funds appropriated to the Department

of Defense for operation and maintenance are available as

follows:

(A) To pay the United States’ share of the operating

expenses of Headquarters Eurocorps.

(B) To pay the costs of the participation of members

of the Armed Forces participating as members of the staff

of Headquarters Eurocorps, including the costs of expenses

of such participants.

(2) L

IMITATION

.—No funds may be used under this section

to fund the pay or salaries of members of the Armed Forces

who participate as members of the staff of the Headquarters,

North Atlantic Treaty Organization (NATO) Rapid Deployable

Corps under this section.

(f) H

EADQUARTERS

UROCORPS

EFINED

.—In this section, the

term ‘‘Headquarters Eurocorps’’ refers to the multinational military

headquarters, established on October 1, 1993, which is one of the

Certification.

Reports.

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126 STAT. 2029 PUBLIC LAW 112–239—JAN. 2, 2013

High Readiness Forces (Land) associated with the Allied Rapid

Reaction Corps of NATO.

SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN

PROGRAM ON MULTILATERAL EXCHANGE OF AIR

TRANSPORTATION AND AIR REFUELING SERVICES.

(a) P

ARTICIPATION

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of Defense may, with the

concurrence of the Secretary of State, authorize the participa-

tion of the United States in the Air Transport, Air-to-Air

Refueling and other Exchanges of Services program (in this

section referred to as the ‘‘ATARES program’’) of the Movement

Coordination Centre Europe.

(2) S

COPE OF PARTICIPATION

.—Participation in the ATARES

program under paragraph (1) shall be limited to the reciprocal

exchange or transfer of air transportation and air refueling

services on a reimbursable basis or by replacement-in-kind

or the exchange of air transportation or air refueling services

of an equal value.

(3) L

IMITATIONS

.—The United States’ balance of executed

flight hours, whether as credits or debits, in participation in

the ATARES program under paragraph (1) may not exceed

500 hours. The United States’ balance of executed flight hours

for air refueling in the ATARES program under paragraph

(1) may not exceed 200 hours.

(b) W

RITTEN

RRANGEMENT OR

GREEMENT

.—

(1) A

RRANGEMENT OR AGREEMENT REQUIRED

.—The partici-

pation of the United States in the ATARES program under

subsection (a) shall be in accordance with a written arrange-

ment or agreement entered into by the Secretary of Defense,

with the concurrence of the Secretary of State, and the Move-

ment Coordination Centre Europe.

(2) F

UNDING ARRANGEMENTS

.—If Department of Defense

facilities, equipment, or funds are used to support the ATARES

program, the written arrangement or agreement under para-

graph (1) shall specify the details of any equitable cost sharing

or other funding arrangement.

(3) O

THER ELEMENTS

.—Any written arrangement or agree-

ment entered into under paragraph (1) shall require that any

accrued credits and liabilities resulting from an unequal

exchange or transfer of air transportation or air refueling serv-

ices shall be liquidated, not less than once every five years,

through the ATARES program.

MPLEMENTATION

.—In carrying out any written arrangement

or agreement entered into under subsection (b), the Secretary of

Defense may—

(1) pay the United States’ equitable share of the operating

expenses of the Movement Coordination Centre Europe and

the ATARES consortium from funds available to the Depart-

ment of Defense for operation and maintenance; and

(2) assign members of the Armed Forces or Department

of Defense civilian personnel, from among members and per-

sonnel within billets authorized for the United States European

Command, to duty at the Movement Coordination Centre

Europe as necessary to fulfill the United States’ obligations

under that arrangement or agreement.

10 USC 2350c

note.

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126 STAT. 2030 PUBLIC LAW 112–239—JAN. 2, 2013

(d) C

REDITING OF

ECEIPTS

.—Any amount received by the

United States in carrying out a written arrangement or agreement

entered into under subsection (b) shall be credited, as elected by

the Secretary of Defense, to the following:

(1) The appropriation, fund, or account used in incurring

the obligation for which such amount is received.

(2) An appropriation, fund, or account currently available

for the purposes for which such obligation was made.

(e) A

NNUAL

ECRETARY OF

EFENSE

EPORTS

.—Not later than

30 days after the end of each fiscal year in which the authority

provided by this section is in effect, the Secretary of Defense shall

submit to the congressional defense committees a report on United

States participation in the ATARES program during such fiscal

year. Each report shall include the following:

(1) The United States balance of executed flight hours

at the end of the fiscal year covered by such report.

(2) The types of services exchanged or transferred during

the fiscal year covered by such report.

(3) A description of any United States costs under the

written arrangement or agreement under subsection (b)(1) in

connection with the use of Department of Defense facilities,

equipment, or funds to support the ATARES program under

that subsection as provided by subsection (b)(2).

(4) A description of the United States’ equitable share

of the operating expenses of the Movement Coordination Centre

Europe and the ATARES consortium paid under subsection

(c)(1).

(5) A description of any amounts received by the United

States in carrying out a written arrangement or agreement

entered into under subsection (b).

(f) C

OMPTROLLER

ENERAL OF

NITED

TATES

EPORT

.—Not

later than one year after the date of the enactment of this Act,

the Comptroller General of the United States shall submit to the

congressional defense committees a report on the ATARES program.

The report shall set forth the assessment of the Comptroller General

of the program, including the types of services available under

the program, whether the program is achieving its intended pur-

poses, and, on the basis of actual cost data from the performance

of the program, the cost-effectiveness of the program.

(g) E

XPIRATION

.—The authority provided by this section to

participate in the ATARES program shall expire five years after

the date on which the Secretary of Defense first enters into a

written arrangement or agreement under subsection (b). The Sec-

retary shall publish notice of such date on a public website of

the Department of Defense.

SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CON-

TRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act may be used to enter into a contract, memo-

randum of understanding, or cooperative agreement with, to make

a grant to, or to provide a loan or loan guarantee to

Rosoboronexport.

(b) N

ATIONAL

ECURITY

AIVER

UTHORITY

.—The Secretary

of Defense may waive the applicability of subsection (a) if the

Secretary determines that such a waiver is in the national security

interests of the United States.

Determination.

Publication.

Web posting.

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126 STAT. 2031 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT-RANGE

ROCKET DEFENSE SYSTEM.

Congress—

(1) reaffirms its commitment to the security of our ally

and strategic partner, Israel;

(2) fully supports Israel’s right to defend itself against

acts of terrorism;

(3) sympathizes with the families of Israelis who have

come under the indiscriminate rocket fire from Hamas-con-

trolled Gaza;

(4) recognizes the exceptional success of the Iron Dome

short-range rocket defense system in defending the population

of Israel;

(5) desires to help ensure that Israel has the means to

defend itself against terrorist attacks, including through the

procurement of additional Iron Dome batteries and interceptors;

and

(6) urges the Department of Defense and the Department

of State to explore with their Israeli counterparts and alert

Congress of any requirements the Israeli Defense Force may

have for additional Iron Dome batteries, interceptors, or other

equipment depleted during the recent conflict with Hamas-

controlled Gaza.

SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA.

(a) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall,

in coordination with the Secretary of State, submit to the

appropriate committees of Congress a report on the prospects

for expanding defense trade between the United States and

India within the context of their bilateral defense relationship.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) An assessment of the policies of the United States

for enhancing cooperation and coordination between the

Government of the United States and the Government

of India on matters of shared security interests.

(B) A description of the policies of the United States

for expanding defense trade with India.

for expanding security ties between the United States and

India, including those opportunities and challenges associ-

ated with defense trade relations.

(D) The findings and conclusions of the comprehensive

policy review required by subsection (b).

(b) C

OMPREHENSIVE

OLICY

EVIEW

.—The Secretary of Defense

shall, in coordination with the Secretary of State, conduct a com-

prehensive policy review—

(1) to examine the feasibility of engaging in co-production

and co-development defense projects with India; and

(2) to consider potential areas of cooperation to engage

in co-production and co-development defense projects with India

that are aligned with United States national security objectives.

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term the term ‘‘appropriate committees of Congress’’

means—

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126 STAT. 2032 PUBLIC LAW 112–239—JAN. 2, 2013

(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. 1280. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLO-

MACY.

(a) T

ECHNICAL

MENDMENT

.—Section 604(a)(1) of the United

States Information and Educational Exchange Act of 1948 (22

U.S.C. 1469(a)(1)) is amended by inserting ‘‘(referred to in this

section as the ‘Commission’)’’ before the period at the end.

(b) D

UTIES AND

ESPONSIBILITIES

.—Section 604(c) of such Act

is amended to read as follows:

‘‘(c) D

UTIES AND

ESPONSIBILITIES

.—The Commission shall

appraise United States Government activities intended to under-

stand, inform, and influence foreign publics. The activities described

in this subsection shall be referred to in this section as ‘public

diplomacy activities’.’’.

EPORTS

.—Section 604(d) of such Act is amended to read

as follows:

‘‘(d) R

EPORTS

.—

‘‘(1) C

OMPREHENSIVE ANNUAL REPORT

.—

‘‘(A) I

N GENERAL

.—Not less frequently than annually,

the Commission shall submit a comprehensive report on

public diplomacy and international broadcasting activities

to Congress, the President, and the Secretary of State.

This report shall include—

‘‘(i) a detailed list of all public diplomacy activities

funded by the United States Government;

‘‘(ii) a description of—

‘‘(I) the purpose, means, and geographic scope

of each activity;

‘‘(II) when each activity was started;

‘‘(III) the amount of Federal funding expended

on each activity;

‘‘(IV) any significant outside sources of

funding; and

‘‘(V) the Federal department or agency to

which the activity belongs;

‘‘(iii) the international broadcasting activities

under the direction of the Broadcasting Board of Gov-

ernors;

‘‘(iv) an assessment of potentially duplicative

public diplomacy and international broadcasting activi-

ties; and

‘‘(v) for any activities determined to be ineffective

or results not demonstrated under subparagraph (B),

recommendations on existing effective or moderately

effective public diplomacy activities that could be aug-

mented to carry out the objectives of the ineffective

activities.

‘‘(B) E

FFECTIVENESS ASSESSMENT

.—In evaluating the

public diplomacy and international broadcasting activities

described in subparagraph (A), the Commission shall con-

duct an assessment that considers the public diplomacy

target impact, the achieved impact, and the cost of public

diplomacy activities and international broadcasting. The

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126 STAT. 2033 PUBLIC LAW 112–239—JAN. 2, 2013

assessment shall include, if practicable, an appropriate

metric such as ‘cost-per-audience’ or ‘cost-per-student’ for

each activity. Upon the completion of the assessment, the

Commission shall assign a rating of—

‘‘(i) ‘effective’ for activities that—

‘‘(I) set appropriate goals and achieve all or

most of the desired results;

‘‘(II) are well-managed; and

‘‘(III) are cost efficient;

‘‘(ii) ‘moderately effective’ for activities that—

‘‘(I) set appropriate goals and achieve some

desired results;

‘‘(II) are generally well-managed; and

‘‘(III) need to improve their cost efficiency,

including reducing overhead;

‘‘(iii) ‘ineffective’ for activities that—

‘‘(I) lack appropriate goals or fail to achieve

stated goals or desired results;

‘‘(II) are not well-managed; or

‘‘(III) are not cost efficient, such as through

insufficient use of available resources to achieve

stated goals or desired results, or have excessive

overhead; and

‘‘(iv) ‘results not demonstrated’ for activities that—

‘‘(I) do not have acceptable performance public

diplomacy metrics for measuring results; or

‘‘(II) are unable or failed to collect data to

determine if they are effective.

‘‘(2) O

THER REPORTS

.—

‘‘(A) I

N GENERAL

.—The Commission shall submit other

reports, including working papers, to Congress, the Presi-

dent, and the Secretary of State at least semi-annually

on other activities and policies related to United States

public diplomacy.

‘‘(B) A

VAILABILITY

.—The Commission shall make the

reports submitted pursuant to subparagraph (A) publicly

available on the website of the Commission to develop

a better understanding of, and support for, public diplomacy

activities.

‘‘(3) A

CCESS TO INFORMATION

.—The Secretary of State shall

ensure that the Commission has access to all appropriate

information to carry out its duties and responsibilities under

this subsection.’’.

(d) R

EAUTHORIZATION

.—

(1) I

N GENERAL

.—Section 1334 of the Foreign Affairs

Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is

amended by striking ‘‘October 1, 2010’’ and inserting ‘‘October

1, 2015’’.

(2) R

ETROACTIVITY OF EFFECTIVE DATE

.—The amendment

made by paragraph (1) shall take effect on October 1, 2010.

(e) F

UNDING

.—There is authorized to be appropriated such

sums as may be necessary for the United States Advisory Commis-

sion on Public Diplomacy to carry out section 604 of the United

States Information and Educational Exchange Act of 1948 (22

U.S.C. 1469), as amended by this section.

22 USC 6553

note.

Public

information.

Web posting.

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126 STAT. 2034 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO TAIWAN.

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8) codified

the basis for commercial, cultural, and other relations between

the people of the United States and the people of Taiwan;

(2) the Taiwan Relations Act states that ‘‘the United States

will make available to Taiwan such defense articles and defense

services in such quantity as may be necessary to enable Taiwan

to maintain a sufficient self-defense capability’’, and that ‘‘both

the President and the Congress shall determine the nature

and quantity of such defense articles and services based solely

upon their judgment on the needs of Taiwan, in accordance

with procedures established by law’’;

(3) the United States, in accordance with the Taiwan Rela-

tions Act, should continue to make available to Taiwan such

defense articles and services as may be necessary for Taiwan

to maintain a sufficient self-defense capability;

(4) notwithstanding the upgrade of Taiwan’s F–16 A/B

aircraft, Taiwan will experience a growing shortfall in fighter

aircraft, particularly as its F–5 aircraft are retired from service;

and

(5) the President should take steps to address Taiwan’s

shortfall in fighter aircraft, whether through the sale of F–

16 C/D aircraft or other aircraft of similar capability, as may

be necessary to enable Taiwan to maintain a sufficient self-

defense capability.

SEC. 1282. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED STATES

AND THE RUSSIAN FEDERATION ON NUCLEAR ARMS, MIS-

SILE DEFENSE SYSTEMS, AND LONG-RANGE CONVEN-

TIONAL STRIKE SYSTEMS.

(a) B

RIEFINGS

.—Not later than 60 days after the date of the

enactment of this Act, and not less than twice each year thereafter,

the President, or the President’s designee, shall brief the Committee

on Foreign Relations and the Committee on Armed Services of

the Senate on the dialogue between the United States and the

Russian Federation on issues related to limits or controls on nuclear

arms, missile defense systems, or long-range conventional strike

systems.

(b) S

ENSE OF

ONGRESS ON

ERTAIN

GREEMENTS

.—It is the

sense of Congress that any agreement between the United States

and the Russian Federation related to nuclear arms, missile defense

systems, or long-range conventional strike systems obligating the

United States to reduce or limit the Armed Forces or armaments

of the United States in any militarily significant manner may

be made only pursuant to the treaty-making power of the President

as set forth in Article II, section 2, clause 2 of the Constitution

of the United States.

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to be inconsistent with or to interfere with the practices,

precedents, or oversight of the House of Representatives.

Deadline.

President.

22 USC 5951

note.

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126 STAT. 2035 PUBLIC LAW 112–239—JAN. 2, 2013

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.

Consistent with the Lord’s Resistance Army Disarmament and

Northern Uganda Recovery Act of 2009 (Public Law 111–172), it

is the sense of the Congress that—

(1) the ongoing United States advise and assist operation

to support the regional governments in Africa in their ongoing

efforts to remove or apprehend Joseph Kony and his top com-

manders from the battlefield and end atrocities perpetuated

by his Lord’s Resistance Army should continue as appropriate

to achieve the goals of the operation;

(2) the Secretary of Defense should provide intelligence,

surveillance, and reconnaissance assets, as authorized to be

appropriated by other provisions of this Act, to support the

ongoing efforts of United States Special Operations Forces to

advise and assist regional partners as they conduct operations

against the Lord’s Resistance Army in Central Africa;

(3) United States and regional African forces should

increase their operational coordination on efforts to remove

or apprehend Joseph Kony from the battlefield and end the

atrocities of the Lord’s Resistance Army; and

(4) the regional governments should recommit themselves

to the Regional Cooperation Initiative for the Elimination of

the Lord’s Resistance Army authorized by the African Union.

SEC. 1284. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT

FOR THE REBEL GROUP KNOWN AS M23.

(a) B

LOCKING OF

SSETS

.—

(1) I

N GENERAL

.—The Secretary of the Treasury shall,

pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.) or Executive Order 13413 (74 Fed.

Reg. 64105; relating to blocking property of certain persons

contributing to the conflict in the Democratic Republic of the

Congo), block and prohibit all transactions in all property and

interests in property of a person described in subsection (c)

if such property and interests in property are in the United

States, come within the United States, or are or come within

the possession or control of a United States person.

(2) E

XCEPTION

.—

(A) I

N GENERAL

.—The requirement to block and pro-

hibit all transactions in all property and interests in prop-

erty under paragraph (1) shall not include the authority

to impose sanctions on the importation of goods.

(B) G

OOD DEFINED

.—In this paragraph, the term ‘‘good’’

has the meaning given that term in section 16 of the

Export Administration Act of 1979 (50 U.S.C. App. 2415)

(as continued in effect pursuant to the International Emer-

gency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(b) V

ISA

.—The Secretary of State shall deny a visa to,

and the Secretary of Homeland Security shall exclude from the

United States, any alien who is a person described in subsection

(c).

ERSONS

ESCRIBED

.—A person described in this subsection

is a person that the President determines provides, on or after

the date of the enactment of this Act, significant financial, material,

or technological support to M23.

President.

Determination.

President.

Congo.

50 USC 1701

note.

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126 STAT. 2036 PUBLIC LAW 112–239—JAN. 2, 2013

(d) W

AIVER

.—The President may waive the application of this

section with respect to a person if the President determines and

reports to the appropriate congressional committees that the waiver

is in the national interest of the United States.

(e) T

ERMINATION OF

ANCTIONS

.—Sanctions imposed under this

section may terminate 15 days after the date on which the President

determines and reports to the appropriate congressional committees

that the person covered by such determination has terminated

the provision of significant financial, material, and technological

support to M23.

(f) T

ERMINATION OF

ECTION

.—This section shall terminate on

the date that is 15 days after the date on which the President

determines and reports to the appropriate congressional committees

that M23 is no longer a significant threat to peace and security

in the Democratic Republic of the Congo.

(g) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Banking, Housing, and Urban

Affairs, the Committee on Armed Services, and the Com-

mittee on Foreign Relations of the Senate; and

(B) the Committee on Financial Services, the Com-

mittee on Armed Services, and the Committee on Foreign

Affairs of the House of Representatives.

(2) M

.—The term ‘‘M23’’ refers to the rebel group known

as M23 operating in the Democratic Republic of the Congo

that derives its name from the March 23, 2009, agreement

between the Government of the Democratic Republic of the

Congo and the National Congress for the Defense of the People

(or any successor group).

(3) U

NITED STATES PERSON

.—The term ‘‘United States per-

son’’ means—

(A) an individual who is a United States citizen or

an alien lawfully admitted for permanent residence to the

United States; or

(B) an entity organized under the laws of the United

States or of any jurisdiction within the United States.

SEC. 1285. PILOT PROGRAM ON REPAIR, OVERHAUL, AND REFURBISH-

MENT OF DEFENSE ARTICLES FOR SALE OR TRANSFER

TO ELIGIBLE FOREIGN COUNTRIES AND ENTITIES.

(a) P

ILOT

ROGRAM

UTHORIZED

.—The Secretary of Defense

may carry out a pilot program to repair, overhaul, or refurbish

in-stock defense articles in anticipation of the sale or transfer

of such defense articles to eligible foreign countries or international

organizations under law.

(b) F

UND FOR

UPPORT OF

ROGRAM

UTHORIZED

.—The Sec-

retary of Defense may establish and administer a fund to be known

as the ‘‘Special Defense Repair Fund’’ (in this section referred

to as the ‘‘Fund’’) to support the program authorized by subsection

(a).

REDITS TO

UND

.—

(1) I

N GENERAL

.—Subject to paragraphs (2) and (3), the

following shall be credited to the Fund:

(A) Such amounts, not to exceed $50,000,000, from

amounts authorized to be appropriated for overseas contin-

gency operations for fiscal year 2013 as the Secretary of

22 USC 2753

note.

Determination.

Reports.

Determination.

Reports.

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126 STAT. 2037 PUBLIC LAW 112–239—JAN. 2, 2013

Defense considers appropriate, and reprogrammed under

a reprogramming authority provided by another provision

of this Act or by other law.

(B) Notwithstanding section 114(c) of title 10, United

States Code, any collection from the sale or transfer of

defense articles from Department of Defense stocks

repaired, overhauled, or refurbished with amounts from

the Fund that are not intended to be replaced which sale

or transfer is made pursuant to section 21(a)(1)(A) of the

Arms Export Control Act (22 U.S.C. 2761(a)(1)(A)), the

Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),

or another provision of law.

Control Act (22 U.S.C. 2777(a)), any cash payment from

the sale or transfer of defense articles from Department

of Defense stocks repaired, overhauled, or refurbished with

amounts from the Fund that are intended to be replaced.

(2) L

IMITATION ON AMOUNTS CREDITABLE FROM SALE OR

TRANSFER OF ARTICLES

.—

(A) C

REDITS IN CONNECTION WITH ARTICLES NOT TO

BE REPLACED

.—The amount credited to the Fund under

paragraph (1)(B) in connection with a collection from the

sale or transfer of defense articles may not exceed the

cost incurred by the Department of Defense in repairing,

overhauling, or refurbishing such defense articles under

the program authorized by subsection (a).

(B) C

REDITS IN CONNECTION WITH ARTICLES TO BE

REPLACED

.—The amount credited to the Fund under para-

graph (1)(C) in connection with a sale or transfer of defense

articles may not exceed the amounts from the Fund used

to repair, overhaul, or refurbish such defense articles.

(3) L

IMITATION ON SIZE OF FUND

.—The total amount in

the Fund at any time may not exceed $50,000,000.

(4) T

REATMENT OF AMOUNTS CREDITED

.—Amounts credited

to the Fund under this subsection shall be merged with

amounts in the Fund, and shall remain available until

expended.

(5) A

UTHORIZATION TO PURCHASE SERVICES FROM DOD

WORKING CAPITAL FUND ACTIVITIES

.—The Fund shall be consid-

ered an authorized customer of Department of Defense Working

Capital Fund activities. Prices of goods and services sold by

Working Capital Fund activities to the Fund shall reflect For-

eign Military Sales pricing guidelines, as promulgated by the

Department of Defense Financial Management Regulation, and

other applicable guidelines.

(d) N

ONAVAILABILITY OF

MOUNTS IN

UND FOR

TORAGE

AINTENANCE

AND

ELATED

OSTS

.—Following the repair, over-

haul, or refurbishment of defense articles under the program

authorized by subsection (a), amounts in the Fund may not be

used to pay costs of storage and maintenance of such defense

articles or any other costs associated with the preservation or

preparation for sale or transfer of such defense articles.

(e) S

ALES OR

RANSFERS OF

EFENSE

RTICLES

.—

(1) I

N GENERAL

.—Any sale or transfer of defense articles

repaired, overhauled, or refurbished under the program author-

ized by subsection (a) shall be in accordance with—

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126 STAT. 2038 PUBLIC LAW 112–239—JAN. 2, 2013

(A) the Arms Export Control Act (22 U.S.C. 2751 et

seq.);

(B) the Foreign Assistance Act of 1961; or

transfer.

(2) S

ECRETARY OF STATE CONCURRENCE REQUIRED FOR CER

TAIN SALES OR TRANSFERS TO FOREIGN COUNTRIES

.—If the sale

or transfer of defense articles occurs in accordance with a

provision of law referred to in paragraph (1)(C) that does not

otherwise require the concurrence of the Secretary of State

for the sale or transfer, the sale or transfer may be made

only with the concurrence of the Secretary of State.

(f) T

RANSFERS OF

MOUNTS

.—

(1) T

RANSFER TO OTHER DEPARTMENT OF DEFENSE

ACCOUNTS

.—Amounts in the Fund may be transferred to any

Department of Defense account for use in carrying out the

program authorized by subsection (a). Any amount so trans-

ferred shall be merged with amounts in the account to which

transferred, and shall be available for the same purposes and

the same time period as amounts in the account to which

transferred.

(2) T

RANSFER FROM OTHER DEPARTMENT OF DEFENSE

ACCOUNTS

.—Upon a determination by the Secretary of Defense

with respect to an amount transferred under paragraph (1)

that all or part of such transfer is not necessary for the purposes

transferred, such amount may be transferred back to the Fund.

Any amount so transferred shall be merged with amounts in

the Fund, and shall remain available until expended.

(g) C

ERTAIN

XCESS

ROCEEDS

REDITED TO

PECIAL

EFENSE

CQUISITION

UND

.—Any collection from the sale or

transfer of defense articles that are not intended to be replaced

in excess of the amount creditable to the Fund under subsection

(c)(2)(A) shall be credited to the Special Defense Acquisition Fund

established pursuant to chapter 5 of the Arms Export Control

Act (22 U.S.C. 2795 et seq.).

(h) M

ATERIEL

FFICIENCIES AND

UPLICATION

.—In admin-

istering the program authorized by subsection (a), the Secretary

of Defense shall ensure to the maximum extent possible that pur-

chases made utilizing the Fund utilize existing Defense Logistics

Agency contracts. The Secretary shall also ensure that none of

the activities carried out under the program authorized by sub-

section (a) are duplicative in nature to those performed by other

military departments or Defense Agencies.

(i) C

ONDUCT BY

UBLIC OR

RIVATE

ECTOR

ACILITIES OR

NTITIES

.—The repair, overhaul, and refurbishment of defense arti-

cles under the program authorized by subsection (a) may be con-

ducted by a facility or entity in the public sector or the private

sector, consistent with the requirements of chapter 146 of title

10, United States Code.

(j) R

EPORTS

.—

(1) A

NNUAL REPORT

.—Not later than 45 days after the

end of each fiscal year through the date of expiration specified

in subsection (l), the Secretary of Defense shall submit to

the appropriate congressional committees a report on the

authorities under this section during such fiscal year. Each

report shall include, for the fiscal year covered by such report,

the following:

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126 STAT. 2039 PUBLIC LAW 112–239—JAN. 2, 2013

(A) The types and quantities of defense articles

repaired, overhauled, or refurbished under the program

authorized by subsection (a).

(B) The value of the repair, overhaul, or refurbishment

performed under the program.

credited to the Fund under subsection (c)(1)(A).

(D) The amount of any collections from the sale or

transfer of defense articles repaired, overhauled, or refur-

bished under the program that was credited to the Fund

under subsection (c)(1)(B).

(E) The amount of any cash payments from the sale

or transfer of defense articles repaired, overhauled, or

refurbished under the program that was credited to the

Fund under subsection (c)(1)(C).

(2) A

SSESSMENT REPORT

.—Not later than February 1, 2015,

the Secretary of Defense shall submit to the appropriate

congressional committees a report on the operation of the

authorities in this section. The report shall include an assess-

ment of the effectiveness of the authorities in meeting the

objectives of the program authorized by subsection (a). At a

minimum, the assessment shall address the following:

(A) Cost efficiencies generated by utilization of the

Fund.

(B) Time efficiencies gained in the delivery of defense

articles under the program.

from the Fund pursuant to subsection (f).

(D) A detailed account of excess proceeds credited to

the Special Defense Acquisition Fund pursuant to section

(g).

(E) A list of defense articles, by quantity and type,

repaired under the program and an identification of the

foreign countries or international organizations to which

the repaired defense articles were sold or transferred.

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives.

(k) D

EFENSE

RTICLE

EFINED

.—In this section, the term

‘‘defense article’’ has the meaning given that term in section 47(3)

of the Arms Export Control Act (22 U.S.C. 2794(3)).

(l) E

XPIRATION OF

UTHORITY

.—The authority to carry out the

program authorized by subsection (a), and to use amounts in the

Fund in support of the program, shall expire on September 30,

2015.

SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU

ISLANDS.

It is the sense of Congress that—

(1) the East China Sea is a vital part of the maritime

commons of Asia, including critical sea lanes of communication

and commerce that benefit all nations of the Asia-Pacific region;

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126 STAT. 2040 PUBLIC LAW 112–239—JAN. 2, 2013

(2) the peaceful settlement of territorial and jurisdictional

disputes in the East China Sea requires the exercise of self-

restraint by all parties in the conduct of activities that would

complicate or escalate disputes and destabilize the region, and

differences should be handled in a constructive manner con-

sistent with universally recognized principles of customary

international law;

(3) while the United States takes no position on the ulti-

mate sovereignty of the Senkaku Islands, the United States

acknowledges the administration of Japan over the Senkaku

Islands;

(4) the unilateral action of a third party will not affect

the United States’ acknowledgment of the administration of

Japan over the Senkaku Islands;

(5) the United States has national interests in freedom

of navigation, the maintenance of peace and stability, respect

for international law, and unimpeded lawful commerce;

(6) the United States supports a collaborative diplomatic

process by claimants to resolve territorial disputes without

coercion, and opposes efforts at coercion, the threat of use

of force, or use of force by any claimant in seeking to resolve

sovereignty and territorial issues in the East China Sea; and

(7) the United States reaffirms its commitment to the

Government of Japan under Article V of the Treaty of Mutual

Cooperation and Security that ‘‘[e]ach Party recognizes that

an armed attack against either Party in the territories under

the administration of Japan would be dangerous to its own

peace and safety and declares that it would act to meet the

common danger in accordance with its constitutional provisions

and processes’’.

Subtitle G—Reports

SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE

EFFORTS TO BUILD THE CAPACITY OF AND PARTNER

WITH FOREIGN SECURITY FORCES.

(a) R

EVIEW

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Defense Policy Board shall

conduct a review of the efforts of the Department of Defense

to build the capacity of, or partner with, foreign security forces

in support of United States national defense and security strate-

gies.

(2) E

LEMENTS

.—The review required by this subsection

shall include the following:

(A) An examination of the ways in which the efforts

of the Department to build the capacity of, or partner

with, foreign security forces directly support implementa-

tion of current national defense and security strategies.

(B) An assessment of the range of effects that efforts

of the Department to build the capacity of, or partner

with, foreign security forces are designed to achieve in

support of current national defense and security strategies.

such efforts in support of national defense and security

strategies.

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126 STAT. 2041 PUBLIC LAW 112–239—JAN. 2, 2013

(D) An identification of the authorities the Department

currently uses to implement such efforts, together with

an assessment of the adequacy of such authorities.

(E) An assessment of the capabilities and resources

required by the Department to implement such efforts.

(F) An assessment of the most effective distribution

of the roles and responsibilities for such efforts within

the Department, together with an assessment whether the

Department military and civilian workforce is appropriately

sized and shaped to meet the requirements of such efforts.

(G) An evaluation of current measures of the Depart-

ment for assessing activities of the Department designed

to build the capacity of, or partner with, foreign security

forces, including an assessment whether such measures

address the extent to which such activities directly support

the priorities of national defense and security strategies.

(H) An identification of recommendations for clarifying

or improving the guidance and assessment measures of

the Department relating to its efforts to build the capacity

of, or partner with, foreign security forces in support of

national defense and security strategies.

(3) R

EPORT

.—Not later than 90 days after the completion

of the review required by this subsection, the Secretary of

Defense shall submit to the congressional defense committees

a report containing the result of the review.

(b) S

TRATEGIC

UIDANCE ON

EPARTMENT OF

EFENSE

FFORTS

UILD

ARTNER

APACITY AND

THER

ARTNERSHIP

NITIA

TIVES

.—Not later than 120 days after the completion of the review

required by subsection (a), the Secretary of Defense shall, with

the advice and assistance of the Chairman of the Joint Chiefs

of Staff, submit to the congressional defense committees a report

setting forth the following:

(1) An assessment, taking into account the recommenda-

tions of the Defense Policy Board in the review required by

subsection (a), of the efforts of the Department of Defense

to build the capacity of, and partner with, foreign military

forces in support of national defense and security strategies.

(2) Strategic guidance for the Department for its efforts

to build the capacity of, and partner with, foreign military

forces in support of national defense and security strategies,

which guidance shall address—

(A) the ways such efforts directly support the goals

and objectives of national defense and security strategies;

(B) the criteria to be used for prioritizing activities

to implement such efforts in support of national defense

and security strategies;

achieved by such efforts and the extent to which such

effects support the objectives of national defense and secu-

rity strategies;

(D) the appropriate roles and responsibilities of the

Armed Forces, the combatant commands, the Defense

Agencies, and other components of the Department in con-

ducting such efforts; and

(E) the relationship of Department workforce planning

with the requirements for such efforts.

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126 STAT. 2042 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECURITY

DEVELOPMENTS INVOLVING THE DEMOCRATIC PEOPLE’S

REPUBLIC OF KOREA.

Section 1236(a) of the National Defense Authorization Act for

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641) is amended

by inserting after ‘‘November 1, 2012,’’ the following: ‘‘and November

1, 2013,’’.

SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED

STATES MILITARY INSTALLATIONS AND UNITED STATES

ARMED FORCES DEPLOYED IN COUNTRY.

(a) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than March 1 of each year

from 2013 through 2015, the Secretary of Defense, in consulta-

tion with the Secretary of State, shall submit to the appropriate

congressional committees a report on the direct, indirect, and

burden-sharing contributions made by host nations to support

overseas United States military installations and United States

Armed Forces deployed in country.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include at least the following:

(A) A description of all costs associated with stationing

United States Armed Forces in the host nation, including

military personnel costs, operation and maintenance costs,

and military construction costs.

(B) A description of direct, indirect, and burden-sharing

contributions made by the host nation, including the fol-

lowing:

(i) Contributions accepted for the following costs:

(I) Compensation for local national employees

of the Department of Defense.

(II) Military construction projects of the

Department of Defense, including design, procure-

ment, construction management costs, rents on pri-

vately-owned land, facilities, labor, utilities, and

vicinity improvements.

(III) Other costs such as loan guarantees on

public-private venture housing and payment-in-

kind for facilities returned to the host nation.

(ii) Contributions accepted for any other purpose.

to measure and track direct, indirect, and burden-sharing

contributions made by host nations.

(3) D

ESCRIPTION OF CONTRIBUTIONS IN UNITED STATES DOL

LARS

.—The report required by paragraph (1) shall describe

the direct, indirect, and burden-sharing contributions made

by host nations in United States dollars and shall specify

the exchange rates used to determine the United States dollar

value of such host nation contributions.

(b) F

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex

if necessary.

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the congressional defense committees; and

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126 STAT. 2043 PUBLIC LAW 112–239—JAN. 2, 2013

(B) the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives.

(2) H

OST NATION

.—The term ‘‘host nation’’ means any

country that hosts a permanent or temporary United States

military installation or a permanent or rotational deployment

of United States Armed Forces located outside of the borders

of the United States.

(3) C

ONTRIBUTIONS

.—The term ‘‘contributions’’ means cash

and in-kind contributions made by a host nation that replace

expenditures that would otherwise be made by the Secretary

of Defense using funds appropriated or otherwise made avail-

able in defense appropriations Acts.

SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR SIGNIFI-

CANTLY DEGRADE THE USE OF AIR POWER AGAINST

CIVILIAN AND OPPOSITION GROUPS IN SYRIA.

(a) R

EPORT

EQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall, in

consultation with the Chairman of the Joint Chiefs of Staff, submit

to the congressional defense committees a report identifying the

limited military activities that could deny or significantly degrade

the ability of President Bashar al-Assad of Syria, and forces loyal

to him, to use air power against civilians and opposition groups

in Syria.

(b) N

ATURE OF

ILITARY

CTIVITIES

.—

(1) P

RINCIPAL PURPOSE

.—The principal purpose of the mili-

tary activities identified for purposes of the report required

by subsection (a) shall be to advance the goals of President

Obama of stopping the killing of civilians in Syria and creating

conditions for a transition to a democratic, pluralistic political

system in Syria.

(2) A

DDITIONAL GOALS

.—The military activities identified

for purposes of the report shall also meet the goals as follows:

(A) That the United States Armed Forces conduct such

activities with foreign allies or partners.

(B) That United States ground troops not be deployed

onto Syrian territory.

be limited.

(D) That the risks to United States military personnel

be limited.

(E) That the financial costs to the United States be

limited.

LEMENTS ON

OTENTIAL

ILITARY

CTIVITIES

.—The report

required by subsection (a) shall include a comprehensive description,

evaluation, and assessment of the potential effectiveness of the

following military activities, as required by subsection (a):

(1) The deployment of air defense systems, such as Patriot

missile batteries, to neighboring countries for the purpose of

denying or significantly degrading the operational capability

of Syria aircraft.

(2) The establishment of one or more no-fly zones over

key population centers in Syria.

(3) Limited air strikes to destroy or significantly degrade

Syria aircraft.

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126 STAT. 2044 PUBLIC LAW 112–239—JAN. 2, 2013

(4) Such other military activities as the Secretary considers

appropriate to achieve the goals stated in subsection (b).

(d) E

LEMENTS IN

ESCRIPTION OF

OTENTIAL

ILITARY

CTIVI

TIES

.—For each military activity that the Secretary identifies in

subsection (c), the comprehensive description of such activities

under that subsection shall include, but not be limited to, the

type and the number of United States military personnel and assets

to be involved in such activities, the anticipated duration of such

activities, and the anticipated cost of such activities. The report

shall also identify what elements would be required to maximize

the effectiveness of such military activities.

(e) N

UTHORIZATION FOR

SE OF

ILITARY

ORCE

.—Nothing

in this section shall be construed as a declaration of war or an

authorization for the use of force.

(f) F

ORM

.—The report required by subsection (a) shall be sub-

mitted in classified form.

SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED BY RUSSIA

TO SYRIA.

(a) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Secretary of State, shall provide to the appropriate congres-

sional committees a report on military assistance provided by the

Russian Federation to Syria.

(b) M

ATTERS TO

NCLUDED

.—The report required by sub-

section (a) shall include the following:

(1) An analysis of whether Russia is providing direct or

indirect military support for the Government of Syria’s actions

to forcefully act against groups opposing the Government of

Syria, including a description of the types of support.

(2) A description and analysis of Russia’s military interests

in Syria.

(3) A description and analysis of Russia’s military presence

in Syria.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

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.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION

PROGRAMS AND FUNDS.

(a) S

PECIFICATION OF

OOPERATIVE

HREAT

EDUCTION

GRAMS

.—For purposes of section 301 and other provisions of this

Act, Cooperative Threat Reduction programs are the programs

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126 STAT. 2045 PUBLIC LAW 112–239—JAN. 2, 2013

specified in section 1501 of the National Defense Authorization

Act for Fiscal Year 1997 (50 U.S.C. 2362 note).

(b) F

ISCAL

EAR

2013 C

OOPERATIVE

HREAT

EDUCTION

UNDS

EFINED

.—As used in this title, the term ‘‘fiscal year 2013 Coopera-

tive Threat Reduction funds’’ means the funds appropriated pursu-

ant to the authorization of appropriations in section 301 and made

available by the funding table in section 4301 for Cooperative

Threat Reduction programs.

VAILABILITY OF

UNDS

.—Funds appropriated pursuant to

the authorization of appropriations in section 301 and made avail-

able by the funding table in section 4301 for Cooperative Threat

Reduction programs shall be available for obligation for fiscal years

2013, 2014, and 2015.

SEC. 1302. FUNDING ALLOCATIONS.

(a) F

UNDING FOR

PECIFIC

URPOSES

.—Of the $519,111,000

authorized to be appropriated to the Department of Defense for

fiscal year 2013 in section 301 and made available by the funding

table in section 4301 for Cooperative Threat Reduction programs,

the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $68,271,000.

(2) For chemical weapons destruction, $14,630,000.

(3) For global nuclear security, $99,789,000.

(4) For cooperative biological engagement, $276,399,000.

(5) For proliferation prevention, $32,402,000.

(6) For threat reduction engagement, $2,375,000.

(7) For activities designated as Other Assessments/

Administrative Costs, $25,245,000.

(b) R

EPORT ON

BLIGATION OR

XPENDITURE OF

UNDS FOR

THER

URPOSES

.—No fiscal year 2013 Cooperative Threat Reduc-

tion funds may be obligated or expended for a purpose other than

a purpose listed in paragraphs (1) through (7) of subsection (a)

until 15 days after the date that the Secretary of Defense submits

to Congress a report on the purpose for which the funds will

be obligated or expended and the amount of funds to be obligated

or expended. Nothing in the preceding sentence shall be construed

as authorizing the obligation or expenditure of fiscal year 2013

Cooperative Threat Reduction funds for a purpose for which the

obligation or expenditure of such funds is specifically prohibited

under this title or any other provision of law.

IMITED

UTHORITY TO

ARY

NDIVIDUAL

MOUNTS

.—

(1) I

N GENERAL

.—Subject to paragraph (2), in any case

in which the Secretary of Defense determines that it is nec-

essary to do so in the national interest, the Secretary may

obligate amounts appropriated for fiscal year 2013 for a purpose

listed in paragraphs (1) through (7) of subsection (a) in excess

of the specific amount authorized for that purpose.

(2) N

OTICE

AND

WAIT REQUIRED

.—An obligation of funds

for a purpose stated in paragraphs (1) through (7) of subsection

(a) in excess of the specific amount authorized for such purpose

may be made using the authority provided in paragraph (1)

only after—

(A) the Secretary submits to Congress notification of

the intent to do so together with a complete discussion

of the justification for doing so; and

(B) 15 days have elapsed following the date of the

notification.

Time period.

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126 STAT. 2046 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS

IN RUSSIA.

(a) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Secretary of State, the Secretary of Energy, and the

Director of National Intelligence, shall submit to the appropriate

congressional committees a report on Cooperative Threat Reduction

Programs in the Russian Federation.

(b) M

ATTERS

NCLUDED

.—The report under subsection (a) shall

include the following:

(1) Identification of nonproliferation programs in Russia

that—

(A) have accomplished their long-term objectives in

reducing the threat of proliferation of weapons of mass

destruction; and

(B) will be phased out during the five-year period

beginning on the date of the enactment of this Act.

(2) Identification of—

(A) nonproliferation programs in Russia that—

(i) reduce the threat of the proliferation of weapons

of mass destruction; and

(ii) will not be phased out during such five-year

period; and

(B) the metrics to evaluate the success of such pro-

grams.

(3) Identification of—

(A) the nature of the threat of the proliferation of

weapons of mass destruction that underpin the programs

described in paragraphs (1) and (2); and

(B) the current and foreseeable threats that are

addressed by such programs.

(4) The impact on nonproliferation programs in Russia

and the risks and benefits to national security if the current

agreement regarding such programs (commonly referred to as

the ‘‘umbrella agreement’’) is amended or not renewed.

(5) What steps, if any, will be taken to continue or termi-

nate ongoing nonproliferation programs if the umbrella agree-

ment is not renewed.

ORM

.—The report under subsection (a) shall be in unclassi-

fied form, but may contain a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

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.

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126 STAT. 2047 PUBLIC LAW 112–239—JAN. 2, 2013

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 Stra-

tegic 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, Ken-

tucky.

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-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain 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.

Subtitle A—Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for providing capital for

working capital and revolving funds, as specified in the funding

table in section 4501.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the National Defense Sealift Fund, as specified in the

funding table in section 4501.

SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for the Department of Defense for

fiscal year 2013 for expenses, not otherwise provided for, for Chem-

ical Agents and Munitions Destruction, Defense, as specified in

the funding table in section 4501.

(b) U

.—Amounts authorized to be appropriated under sub-

section (a) are authorized for—

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the

United States that is not covered by section 1412 of such

Act.

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2013 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in the funding table in section 4501.

SEC. 1405. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2013 for expenses, not otherwise

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126 STAT. 2048 PUBLIC LAW 112–239—JAN. 2, 2013

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4501.

SEC. 1406. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the Defense Health Program, as specified in the funding

table in section 4501, for use of the Armed Forces and other activi-

ties and agencies of the Department of Defense in providing for

the health of eligible beneficiaries.

Subtitle B—National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE

FUNDS.

(a) O

BLIGATION OF

TOCKPILE

UNDS

.—During fiscal year 2013,

the National Defense Stockpile Manager may obligate up to

$44,899,227 of the funds in the National Defense Stockpile Trans-

action Fund established under subsection (a) of section 9 of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)

for the authorized uses of such funds under subsection (b)(2) of

such section, including the disposal of hazardous materials that

are environmentally sensitive.

(b) A

DDITIONAL

BLIGATIONS

.—The National Defense Stockpile

Manager may obligate amounts in excess of the amount specified

in subsection (a) if the National Defense Stockpile Manager notifies

Congress that extraordinary or emergency conditions necessitate

the additional obligations. The National Defense Stockpile Manager

may make the additional obligations described in the notification

after the end of the 45-day period beginning on the date on which

Congress receives the notification.

IMITATIONS

.—The authorities provided by this section shall

be subject to such limitations as may be provided in appropriations

Acts.

SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY

CHAINS.

Section 2(b) of the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98a(b)) is amended by inserting ‘‘or a single point

of failure’’ after ‘‘foreign sources’’.

SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE

PURPOSES FROM THE STRATEGIC AND CRITICAL MATE-

RIALS STOCKPILE.

(a) A

UTHORITY FOR

RESIDENT TO

ELEGATE

PECIAL

ISPOSAL

UTHORITY OF

RESIDENT FOR

ELEASE FOR

ATIONAL

EFENSE

URPOSES

.—Section 7(a) of the Strategic and Critical Materials

Stock Piling Act (50 U.S.C. 98f(a)) is amended—

(1) in paragraph (1), by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(3) on the order of the Under Secretary of Defense for

Acquisition, Technology, and Logistics, if the President has

designated the Under Secretary to have authority to issue

release orders under this subsection and, in the case of any

such order, if the Under Secretary determines that the release

Time period.

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126 STAT. 2049 PUBLIC LAW 112–239—JAN. 2, 2013

of such materials is required for use, manufacture, or produc-

tion for purposes of national defense.’’.

(b) E

XCLUSION

ROM

ELEGATION

IMITATION

.—Section 16 of

such Act (50 U.S.C. 98h-7) is amended by striking ‘‘sections 7

and 13’’ each place it appears and inserting ‘‘sections 7(a)(1) and

13’’.

Subtitle C—Chemical Demilitarization

Matters

SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS

DESTRUCTION TECHNOLOGIES AT PUEBLO CHEMICAL

DEPOT, COLORADO, AND BLUE GRASS ARMY DEPOT, KEN-

TUCKY.

(a) S

UPPLEMENTAL

ESTRUCTION

ECHNOLOGIES

.—Section 1412

of the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521) is amended—

(1) in subsection (i)(2), by adding at the end the following

new subparagraph:

‘‘(E) A description of any supplemental chemical agent and

munitions destruction technologies used at Pueblo Chemical

Depot, Colorado, and Blue Grass Army Depot, Kentucky, during

the period covered by the report, including explosive destruction

technologies and any technologies developed for the treatment

and disposal of energetic or agent hydrolystates.’’;

(2) in subsection (j)(2), by adding at the end the following

new subparagraph:

‘‘(E) A description and justification for the use of any

supplemental chemical agent and munitions destruction tech-

nologies used at Pueblo Chemical Depot, Colorado, and Blue

Grass Army Depot, Kentucky, during the period covered by

the report, including explosive destruction technologies and

any technologies developed for the treatment and disposal of

energetic or agent hydrolysates. Such description and justifica-

tion shall outline—

‘‘(i) the need for the use of supplemental destruction

technologies and technologies developed for the treatment

and disposal of energetic or agent hydrolystates;

‘‘(ii) site-by-site descriptions of the problematic aspects

of the stockpile requiring the use of supplemental tech-

nologies;

‘‘(iii) the type of supplemental destruction technologies

used at each site; and

‘‘(iv) any planned future use of other supplemental

destruction technologies for each site.’’;

(3) by redesignating subsection (o) as subsection (p); and

(4) by inserting after subsection (n) the following new sub-

section (o):

‘‘(o) S

UPPLEMENTAL

ESTRUCTION

ECHNOLOGIES

.—In deter-

mining the technologies to supplement the neutralization destruc-

tion of the stockpile of lethal chemical agents and munitions at

Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot,

Kentucky, the Secretary of Defense may consider the following:

‘‘(1) Explosive Destruction Technologies.

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126 STAT. 2050 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) Any technologies developed for the treatment and dis-

posal of energetic or agent hydrolysates, if problems with the

current on-site treatment of hydrolysates are encountered.’’.

(b) R

EPEAL OF

UPERSEDED

ROVISION

.—Section 151 of the

Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 (as enacted into law by Public Law 106–398; 114 Stat.

1645A–30) is repealed.

Subtitle D—Other Matters

SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PEN-

TAGON RESERVATION MAINTENANCE REVOLVING FUND.

Not later than 60 days after the date of the enactment of

this Act, the Secretary of Defense shall transfer $5,000,000 from

the unobligated balances of the Pentagon Reservation Maintenance

Revolving Fund established under section 2674(e) of title 10, United

States Code, to the Miscellaneous Receipts Fund of the United

States Treasury.

SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-

MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) A

UTHORITY FOR

RANSFER OF

UNDS

.—Of the funds author-

ized to be appropriated for section 1406 and available for the

Defense Health Program for operation and maintenance,

$139,204,000 may be transferred by the Secretary of Defense to

the Joint Department of Defense–Department of Veterans Affairs

Medical Facility Demonstration Fund established by subsection

(a)(1) of section 1704 of the National Defense Authorization Act

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For

purposes of subsection (a)(2) of such section 1704, any funds so

transferred shall be treated as amounts authorized and appro-

priated specifically for the purpose of such a transfer.

(b) U

SE OF

RANSFERRED

UNDS

.—For the purposes of sub-

section (b) of such section 1704, facility operations for which funds

transferred under subsection (a) may be used are operations of

the Captain James A. Lovell Federal Health Care Center, consisting

of the North Chicago Veterans Affairs Medical Center, the Navy

Ambulatory Care Center, and supporting facilities designated as

a combined Federal medical facility under an operational agreement

covered by section 706 of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4500).

SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES

RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2013 from the Armed Forces Retirement Home Trust Fund the

sum of $67,590,000 for the operation of the Armed Forces Retire-

ment Home.

SEC. 1434. CEMETERIAL EXPENSES.

Funds are hereby authorized to be appropriated for the Depart-

ment of the Army for fiscal year 2013 for cemeterial expenses,

not otherwise provided for, in the amount of $173,800,000.

Deadline.

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126 STAT. 2051 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUP-

PORT TEAMS.

(a) I

ENERAL

.—Section 1403 of the Bob Stump National

Defense Authorization Act for Fiscal Year 2003 (Public Law 107–

314; 116 Stat. 2676; 10 U.S.C. 12310 note) is amended—

(1) by striking subsection (b);

(2) by redesignating subsection (c) as subsection (e); and

(3) by inserting after subsection (a) the following new sub-

sections (b), (c), and (d):

‘‘(b) E

STABLISHMENT OF

URTHER

DDITIONAL

EAMS

.—The Sec-

retary of Defense is authorized to have established two additional

teams designated as Weapons of Mass Destruction Civil Support

Teams, beyond the 55 teams required in subsection (a), if—

‘‘(1) the Secretary of Defense has made the certification

provided for in section 12310(c)(5) of title 10, United States

Code, with respect to each of such additional teams before

December 31, 2011; and

‘‘(2) the establishment of such additional teams does not

require an increase in authorized personnel levels above the

numbers authorized as of the date of the enactment of the

National Defense Authorization Act for Fiscal Year 2013.

‘‘(c) L

IMITATION OF

STABLISHMENT OF

URTHER

EAMS

.—No

Weapons of Mass Destruction Civil Support Team may be estab-

lished beyond the number authorized by subsections (a) and (b)

unless—

‘‘(1) the Secretary submits to Congress a request for

authority to establish such team, including a detailed justifica-

tion for its establishment; and

‘‘(2) the establishment of such team is specifically author-

ized by a law enacted after the date of the enactment of the

National Defense Authorization Act for Fiscal Year 2013.

‘‘(d) N

OTIFICATION OF

ISESTABLISHMENT OF

EAMS

.—No

Weapons of Mass Destruction Civil Support Team established

pursuant to this section may be disestablished unless, by not later

than 90 days before the date on which such team is disestablished,

the Secretary submits to the congressional defense committees

notice of the proposed disestablishment of the team and the date

on which the disestablishment is proposed to take place.’’.

(b) R

EPORT

.—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 Weapons

of Mass Destruction Civil Support Teams. The report shall include

the following:

(1) A detailed description of risk management criteria and

considerations to be used in determining the optimal number

and location of Weapons of Mass Destruction Civil Support

Teams.

(2) A description of the operational and training activities

conducted by the Weapons of Mass Destruction Civil Support

Teams during each of fiscal years 2010, 2011, and 2012, and

of such activities planned for fiscal year 2013.

(3) An assessment of the optimal number and location

of Weapons of Mass Destruction Civil Support Teams in light

of the information under paragraphs (1) and (2).

(4) A comparative analysis of the cost of establishing

Weapons of Mass Destruction Civil Support Teams in the

reserve components of the Armed Forces (other than the

Deadline.

Request.

Certification.

Deadline.

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126 STAT. 2052 PUBLIC LAW 112–239—JAN. 2, 2013

National Guard) with the cost of establishing Weapons of Mass

Destruction Civil Support Teams in the National Guard.

(5) A description of the portion of the costs of Weapons

of Mass Destruction Civil Support Teams that is currently

borne by the States.

(6) Any other matter that the Secretary determines is

appropriate.

TITLE XV—AUTHORIZATION OF ADDI-

TIONAL APPROPRIATIONS FOR OVER-

SEAS 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 Com-

mand 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 intel-

ligence activities of the Joint Improvised Explosive Device Defeat Orga-

nization and national and military intelligence Organizations.

Subtitle A—Authorization of Additional

Appropriations

SEC. 1501. PURPOSE.

The purpose of this subtitle is to authorize appropriations for

the Department of Defense for fiscal year 2013 to provide additional

funds for overseas contingency operations being carried out by

the Armed Forces.

SEC. 1502. PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year

2013 for procurement accounts for the Army, the Navy and the

Marine Corps, the Air Force, and Defense-wide activities, as speci-

fied in the funding table in section 4102.

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Department of Defense for research, develop-

ment, test, and evaluation, as specified in the funding table in

section 4202.

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126 STAT. 2053 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1504. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for operation and maintenance, as specified in the

funding table in section 4302.

SEC. 1505. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for military personnel, as specified in the funding

table in section 4402.

SEC. 1506. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2013 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for providing capital for

working capital and revolving funds, as specified in the funding

table in section 4502.

SEC. 1507. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2013 for expenses, not otherwise

provided for, for the Defense Health Program, as specified in the

funding table in section 4502.

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2013 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in the funding table in section 4502.

SEC. 1509. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2013 for expenses, not otherwise

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4502.

Subtitle B—Financial Matters

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are

in addition to amounts otherwise authorized to be appropriated

by this Act.

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

(a) A

UTHORITY

RANSFER

UTHORIZATIONS

.—

(1) A

UTHORITY

.—Upon determination by the Secretary of

Defense that such action is necessary in the national interest,

the Secretary may transfer amounts of authorizations made

available to the Department of Defense in this title for fiscal

year 2013 between any such authorizations for that fiscal year

(or any subdivisions thereof). Amounts of authorizations so

transferred shall be merged with and be available for the

same purposes as the authorization to which transferred.

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126 STAT. 2054 PUBLIC LAW 112–239—JAN. 2, 2013

(2) L

IMITATION

.—The total amount of authorizations that

the Secretary may transfer under the authority of this sub-

section may not exceed $3,000,000,000.

(b) T

ERMS AND

ONDITIONS

.—Transfers under this section shall

be subject to the same terms and conditions as transfers under

section 1001.

DDITIONAL

UTHORITY

.—The transfer authority provided

by this section is in addition to the transfer authority provided

under section 1001.

Subtitle C—Limitations and Other Matters

SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) it is the responsibility of the Commander, International

Security Assistance Force/Commander, United States Forces—

Afghanistan to ensure the security of members of the Armed

Forces deployed to Afghanistan and to mitigate internal threats

to such forces to the greatest extent possible, while continuing

to meet the objectives of the International Security Assistance

Force mission in Afghanistan, including the training and equip-

ping of the Afghan National Security Forces so that they may

provide for their own security;

(2) the Afghan Public Protection Force must meet and

maintain key standards to provide force protection for members

of the Armed Forces; and

(3) if the Secretary of Defense determines that the Afghan

Public Protection Force is not meeting such standards, the

Secretary should take all appropriate actions to provide force

protection for members of the Armed Forces, including, if nec-

essary, having the Armed Forces provide for their own force

protection.

(b) C

ONTINUATION OF

XISTING

IMITATIONS ON

SE OF

UNDS

UND

.—Funds available to the Department of Defense for the

Afghanistan Security Forces Fund for fiscal year 2013 shall be

subject to the conditions contained in subsections (b) through (g)

of section 1513 of the National Defense Authorization Act for Fiscal

Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by

section 1531(b) of the Ike Skelton National Defense Authorization

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424).

FGHAN

UBLIC

ROTECTION

ORCE

.—

(1) S

EMI

ANNUAL CERTIFICATIONS

.—Not later than 90 days

after the date of the enactment of this Act, and semiannually

thereafter through December 31, 2014, the Secretary of Defense

shall certify in writing to the congressional defense committees

the elements specified in paragraph (3).

(2) R

EPORT FOLLOWING INABILITY TO CERTIFY ANY ELE

MENT

.—If the Secretary determines that an element specified

in paragraph (3) cannot be certified in a report required by

paragraph (1), the Secretary shall submit to the congressional

defense committees a report setting forth the following:

(A) An explanation why such element cannot be cer-

tified.

(B) A description of the actions, if any, that are being

taken to mitigate the risk associated with such element.

Deadline.

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126 STAT. 2055 PUBLIC LAW 112–239—JAN. 2, 2013

to achieve the certification of such element, to the extent

practicable.

(3) C

ERTIFICATION ELEMENTS

.—The elements of each certifi-

cation specified in this paragraph are the following:

(A) That each agreement between the United States

and the Government of Afghanistan, or any contract

between the Department of Defense and a contractor that

subcontracts to the Afghan Public Protection Force, con-

tains—

(i) uniform standards that ensure a consistent level

of security;

(ii) standard procedures and institutional mecha-

nisms for dispute resolution;

(iii) requirements for the Afghan Public Protection

Force to adhere to the Afghan Public Protection Force

Code of Conduct and applicable international stand-

ards, such as the Montreux Document, and the Inter-

national Code of Conduct for private security service

providers; and

(iv) provisions for the United States, or the con-

tractor, to take actions to address the failure of the

Afghan Public Protection Force to perform in a manner

consistent with the Afghan Public Protection Force

Code of Conduct and applicable international stand-

ards.

(B) That all Afghan Public Protection Force recruits

and personnel are vetted under procedures consistent with

the vetting standards of the United States for the Afghan

National Security Forces as of the date of the enactment

of this Act.

and personnel are biometrically screened in an independent

fashion by the United States or contractors.

(D) In the case of contracts to provide force protection

at installations in Afghanistan where the Armed Forces

are garrisoned or housed, that the Commander, Inter-

national Security and Assistance Force/Commander, United

States Forces—Afghanistan, or designees, are provided the

ability to—

(i) approve or disapprove arming authorization for

Afghan Public Protection Force personnel performing

activities at such installations; and

(ii) account for and maintain records of Afghan

Public Protection Force personnel authorized to per-

form activities at such installations.

(E) That the International Security and Assistance

Force Command has designated a centralized entity within

that Command authorized to provide oversight of coalition

activities relating to the Afghan Public Protection Force,

including consultations with the Afghanistan Ministry of

Interior regarding rules on the use of force, violations of

contract, and other performance issues.

(F) That there is a mechanism in place sufficient to—

(i) account for the transfer of any United States

Government-owned, contractor-acquired defense arti-

cles to the Afghan Public Protection Force; and

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126 STAT. 2056 PUBLIC LAW 112–239—JAN. 2, 2013

(ii) conduct end-use monitoring, of such defense

articles, including an inventory of the existence and

completeness of any such defense articles.

(d) R

EPORTS

.—

(1) I

NITIAL ASSESSMENT

.—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 a report

setting forth an assessment of the Afghan Public Protection

Force.

(2) S

UBSEQUENT ASSESSMENTS

.—On a semiannual basis fol-

lowing the submittal of the report required by paragraph (1)

through September 30, 2014, the Secretary shall submit to

the congressional defense committees an assessment of the

progress in the development of the Afghan Public Protection

Force during the preceding six months.

(3) E

LEMENTS

.—Each report under this subsection shall

include the following:

(A) A description of the size and composition of the

Afghan Public Protection Force.

(B) An assessment of the recruiting and training for

the Afghan Public Protection Force.

Protection Force to perform its tasks and missions.

(D) A description of measures of effectiveness for evalu-

ating the Afghan Public Protection Force.

(E) Any recommendations provided by the United

States to the Afghanistan Ministry of Interior to improve

the performance of the Afghan Public Protection Force.

(F) A description of any instances of termination of

contracts with the Afghan Public Protection Force.

(G) An assessment of the ability of the United States,

or contractors, to hold the Afghan Public Protection Force

accountable for gross or repeated violations.

(H) A description of the status of United States Govern-

ment-owned, contractor-acquired defense articles provided

to the Afghan Public Protection Force.

(4) A

DDITIONAL ELEMENTS DURING FISCAL YEAR 2014

REPORTS

.—Each report under paragraph (2) submitted during

fiscal year 2014 shall include a plan, and any updates, on

the post-2014 disposition of the Afghan Public Protection Force.

(5) S

UBMITTAL WITH OTHER REPORTS

.—Each report under

paragraph (2) may be submitted as part of the report on

progress toward security and stability in Afghanistan that is

submitted under sections 1230 and 1231 of the National

Defense Authorization Act for Fiscal Year 2008 (Public Law

110–181; 122 Stat. 385, 390).

(e) P

LAN FOR

SE OF

FGHANISTAN

ECURITY

ORCES

UND

HROUGH

ISCAL

EAR

2017.—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 a plan for using

funds available to the Department of Defense to provide assistance

to the security forces of Afghanistan through the Afghanistan Secu-

rity Forces Fund through September 30, 2017.

(f) A

GREEMENTS

.—The Secretary of Defense shall submit to

the congressional committees a copy of each agreement entered

into by the United States and Afghanistan for services of the

Records.

Deadline.

Time period.

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126 STAT. 2057 PUBLIC LAW 112–239—JAN. 2, 2013

Afghan Public Protection Force for the Department of Defense not

later than 30 days after entry into such agreement.

SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) U

SE AND

RANSFER OF

UNDS

.—Subsections (b) and (c)

of section 1514 of the John Warner National Defense Authorization

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439),

as in effect before the amendments made by section 1503 of the

Duncan Hunter National Defense Authorization Act for Fiscal Year

2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the

funds made available to the Department of Defense for the Joint

Improvised Explosive Device Defeat Fund for fiscal year 2013. In

providing prior notice to the congressional defense committees of

the obligation of funds from the Joint Improvised Explosive Device

Defeat Fund for such fiscal year, as required by paragraph (4)

of such subsection (c), the Secretary of Defense shall include the

associated analysis of alternatives conducted in the process of taking

action to initiate any project for which the total obligation of funds

from the Fund will exceed $10,000,000.

(b) M

ONTHLY

BLIGATIONS AND

XPENDITURE

EPORTS

.—Not

later than 15 days after the end of each month of fiscal year

2013, the Secretary of Defense shall provide to the congressional

defense committees a report on the Joint Improvised Explosive

Device Defeat Fund explaining monthly commitments, obligations,

and expenditures by line of operation.

NTERDICTION OF

MPROVISED

XPLOSIVE

EVICE

RECURSOR

HEMICALS

.—

(1) A

VAILABILITY OF CERTAIN FISCAL YEAR 2013 FUNDS

.—

Of the funds made available to the Department of Defense

for the Joint Improvised Explosive Device Defeat Fund for

fiscal year 2013, $15,000,000 may be available to the Secretary

of Defense to provide training, equipment, supplies, and serv-

ices to ministries and other entities of the Government of

Pakistan that the Secretary has identified as critical for coun-

tering the flow of improvised explosive device precursor chemi-

cals from Pakistan to locations in Afghanistan.

(2) P

ROVISION THROUGH OTHER US AGENCIES

.—If jointly

agreed upon by the Secretary of Defense and the head of

another department or agency of the United States Govern-

ment, the Secretary of Defense may transfer funds available

under paragraph (1) to such department or agency for the

provision by such department or agency of training, equipment,

supplies, and services to ministries and other entities of the

Government of Pakistan as described in that paragraph.

(3) N

OTICE TO CONGRESS

.—Funds may not be used under

the authority in paragraph (1) until 15 days after the date

on which the Secretary of Defense submits to the congressional

defense committees a notice—

(A) describing the training, equipment, supplies, and

services to be provided using such funds; and

(B) evaluating the effectiveness of the efforts by the

Government of Pakistan to counter the flow of improvised

explosive device precursor chemicals from Pakistan to loca-

tions in Afghanistan.

(4) E

XPIRATION

.—The authority provided by this subsection

expires on December 31, 2013.

Time period.

Pakistan.

Afghanistan.

Analysis.

Applicability.

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126 STAT. 2058 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND

RELATED REQUIREMENTS OF TASK FORCE FOR BUSINESS

AND STABILITY OPERATIONS IN AFGHANISTAN.

(a) E

XTENSION

.—Subsection (a) of section 1535 of the Ike

Skelton National Defense Authorization Act for Fiscal Year 2011

(Public Law 111–383; 124 Stat. 4426), as amended by section 1534

of the National Defense Authorization Act for Fiscal Year 2012

(Public Law 112–81; 125 Stat. 1658), is further amended—

(1) in paragraph (6), by striking ‘‘October 31, 2011, and

October 31, 2012’’ and inserting ‘‘October 31, 2011, October

31, 2012, and October 31, 2013’’; and

(2) in paragraph (7)—

(A) by striking ‘‘provided in’’ and inserting ‘‘to obligate

funds for projects under’’; and

(B) by striking ‘‘September 30, 2012’’ and inserting

‘‘September 30, 2013’’.

(b) S

COPE OF

ROJECTS

.—Paragraph (3) of such subsection,

as so amended, is further amended by striking ‘‘focus on improving

the commercial viability of’’ and inserting ‘‘complement’’.

UNDING

.—Paragraph (4) of such subsection, as so amended,

is further amended—

(1) by striking ‘‘The Secretary’’ and inserting the following:

‘‘(A) I

N GENERAL

.—The Secretary’’;

(2) by striking ‘‘The amount’’ and all that follows through

‘‘appropriate congressional committees.’’ and inserting the fol-

lowing:

‘‘(B) L

IMITATION

.—The amount of funds obligated under

the authority of subparagraph (A)—

‘‘(i) may not exceed $150,000,000 for fiscal year

2012, except that not more than 50 percent of such

amount of funds may be obligated until the Secretary

of Defense submits to the appropriate congressional

committees the plan required by subsection (b); and

‘‘(ii) may not exceed $93,000,000 for fiscal year

2013, except that not more than $50,000,000 of such

amount of funds may be obligated until the Secretary

of Defense submits to the appropriate congressional

committees the report required by paragraph (7) of

this subsection.’’; and

(3) by striking ‘‘The funds’’ and inserting the following:

‘‘(C) A

VAILABILITY

.—The funds’’.

(d) R

EPORT ON

MPLEMENTATION OF

RANSITION

CTION

LAN

.—

Subsection (a) of section 1535 of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011, as amended by section

1534 of the National Defense Authorization Act for Fiscal Year

2012 and as amended by this section, is further amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new para-

graph (7):

‘‘(7) R

EPORT ON IMPLEMENTATION OF TRANSITION ACTION

PLAN

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense, in con-

sultation with the Secretary of State, shall submit to the

appropriate congressional committees a report on the

progress in implementing the Transition Action Plan of

the Task Force for Business and Stability Operations in

Afghanistan.

Consultation.

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126 STAT. 2059 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(B) U

PDATES

.—The Secretary of Defense, in consulta-

tion with the Secretary of State, shall submit to the appro-

priate congressional committees an update of the report

required by subparagraph (A) every 90 days after the

submission of such report.’’.

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.

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 a plan for the transition of funding of the

United States Special Operations Command from funds authorized

to be appropriated for overseas contingency operations (commonly

referred to as the ‘‘overseas contingency operations budget’’) to

funds authorized to be appropriated for recurring operations of

the Department of Defense in accordance with applicable future-

years defense programs under section 221 of title 10, United States

Code (commonly referred to as the ‘‘base budget’’).

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 ORGANIZA-

TIONS.

(a) A

SSESSMENT OF

RAINING

CTIVITIES

.—

(1) A

SSESSMENT REQUIRED

.—The Secretary of Defense shall

prepare an assessment of the training-related activities of the

Joint Improvised Explosive Device Defeat Organization

(JIEDDO).

(2) E

LEMENTS

.—The assessment required by paragraph (1)

shall—

(A) include all training programs and functions, both

enduring and non-enduring, executed by the Joint Impro-

vised Explosive Device Defeat Organization in support of

the United States Armed Forces;

(B) identify any program or function that is similar

to or duplicates other training activities conducted else-

where within the Department of Defense; and

or duplication.

(3) C

ONSULTATION

.—The Secretary of Defense shall prepare

the assessment required by paragraph (1) in consultation with

the Chairman of the Joint Chiefs of Staff and the other chiefs

of staff of the Armed Forces.

(4) S

UBMISSION AND FORM

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense

shall submit a report containing the results of the assessment

required by paragraph (1) to the congressional defense commit-

tees. The report shall be submitted in unclassified form, but

may include a classified annex.

(b) A

SSESSMENT OF

NTELLIGENCE

CTIVITIES

.—

(1) A

SSESSMENT REQUIRED

.—The Secretary of Defense shall

prepare an assessment of the intelligence activities carried

out in support of the counter-improvised explosive device mis-

sion of the Department of Defense.

Deadline.

Reports.

Deadline.

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126 STAT. 2060 PUBLIC LAW 112–239—JAN. 2, 2013

(2) E

LEMENTS

.—The assessment required by paragraph (1)

shall—

(A) consider the activities of the Counter-Improved

Explosive Devise Operations Integration Center of the Joint

Improvised Explosive Device Defeat Organization,

including—

(i) identification of all intelligence analysis pro-

grams and functions executed by the Counter-Impro-

vised Explosive Device Operations Integration Center

in support of United States combatant commands and

United States military activities in Afghanistan;

(ii) identification of any program or function which

is duplicated elsewhere in the intelligence components

of the Department of Defense or the intelligence

community of the United States;

(iii) an assessment of the value of maintaining

such duplication; and

(iv) identification of any opportunities to eliminate

unnecessary duplication;

(B) consider the activities of the national and military

intelligence communities to counter improvised explosive

devices, including an assessment of—

(i) the sufficiency, adequacy, and effectiveness of

these efforts in support of the commanders of combat-

ant commands;

(ii) the prioritization of collection efforts and

resource allocation within the intelligence components

of the Department of Defense toward countering impro-

vised explosive devices; and

(iii) opportunities for improvement of these efforts,

including how these components would support a

broader counter improvised explosive device effort

beyond operations in Afghanistan; and

vised Explosive Device Operations Integration Center and,

if determined to be necessary, how this center could be

most efficiently and effectively integrated into the broader

Department of Defense intelligence community.

(3) C

ONSULTATION

.—The Secretary of Defense shall prepare

the assessment required by paragraph (1) in consultation with

the Director of National Intelligence and the Chairman of the

Joint Chiefs of Staff.

(4) S

UBMISSION AND FORM

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense

shall submit a report containing the results of the assessment

required by paragraph (1) to the congressional defense commit-

tees, the Permanent Select Committee on Intelligence of the

House of Representatives, and the Select Committee on Intel-

ligence of the Senate. The report shall be submitted in unclassi-

fied form, but may include a classified annex.

TITLE XVI—INDUSTRIAL BASE

MATTERS

Subtitle A—Defense Industrial Base Matters

Sec. 1601. Disestablishment of Defense Materiel Readiness Board.

Deadline.

Reports.

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126 STAT. 2061 PUBLIC LAW 112–239—JAN. 2, 2013

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 perform-

ance of the Department of Defense.

Sec. 1614. Additional responsibilities of Inspector General of the Department of De-

fense.

Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commer-

cialization Readiness Program of Department of Defense.

Subtitle C—Matters Relating to Small Business Concerns

ART

I—P

ROCUREMENT

ENTER

EPRESENTATIVES

Sec. 1621. Procurement center representatives.

Sec. 1622. Small Business Act contracting requirements training.

Sec. 1623. Acquisition planning.

ART

II—G

OALS FOR

ROCUREMENT

ONTRACTS

WARDED TO

MALL

USINESS

ONCERNS

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.

ART

III—M

ENTOR

-P

ROTEGE

ROGRAMS

Sec. 1641. Mentor-Protege programs.

ART

IV—T

RANSPARENCY IN

UBCONTRACTING

Sec. 1651. Limitations on subcontracting.

Sec. 1652. Penalties.

Sec. 1653. Subcontracting plans.

Sec. 1654. Notices of subcontracting opportunities.

Sec. 1655. Publication of certain documents.

ART

V—S

MALL

USINESS

ONCERN

IZE

TANDARDS

Sec. 1661. Small business concern size standards.

ART

VI—C

ONTRACT

UNDLING

Sec. 1671. Contract bundling.

ART

VII—I

NCREASED

ENALTIES FOR

RAUD

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 Busi-

ness Administration.

ART

VIII—O

FFICES OF

MALL AND

ISADVANTAGED

USINESS

NITS

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

Sec. 1692. Small Business Procurement Advisory Council.

ART

IX—O

THER

ATTERS

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.

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126 STAT. 2062 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle A—Defense Industrial Base

Matters

SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS

BOARD.

(a) D

ISESTABLISHMENT OF

OARD

.—The Defense Materiel Readi-

ness Board established pursuant to section 871 of the National

Defense Authorization Act for Fiscal Year 2008 (Public Law 110–

181; 10 U.S.C. 117 note) is hereby disestablished.

(b) T

ERMINATION OF

EFENSE

TRATEGIC

EADINESS

UND

.—

The Department of Defense Strategic Readiness Fund established

by section 872(d) of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) is

hereby closed.

EPEAL

.—Subtitle G of title VIII of the National Defense

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10

U.S.C. 117 note) is repealed.

SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS.

Section 2505 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d) A

SSESSMENT OF

XTENT OF

FFECTS OF

OREIGN

COTTS

.—Each assessment under subsection (a) shall include an

examination of the extent to which the national technology and

industrial base is affected by foreign boycotts. If it is determined

that a foreign boycott (other than a boycott addressed in a previous

assessment) is subjecting the national technology and industrial

base to significant harm, the assessment shall include a separate

discussion and presentation regarding that foreign boycott that

shall, at a minimum—

‘‘(1) identify the sectors that are subject to such harm;

‘‘(2) describe the harm resulting from such boycott; and

‘‘(3) identify actions necessary to minimize the effects of

such boycott on the national technology and industrial base.’’.

SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL TECH-

NOLOGY AND INDUSTRIAL BASE.

(a) R

EQUIREMENT FOR

TRATEGY

.—

(1) I

N GENERAL

.—Section 2501 of title 10, United States

Code, is amended as follows:

(A) The section heading is amended by striking ‘‘objec-

tives concerning’’ and inserting ‘‘strategy for’’.

(B) Subsection (a) is amended—

(i) in the subsection heading, by striking ‘‘

OBJEC

TIVES

’’ and inserting ‘‘

STRATEGY

’’;

(ii) by striking ‘‘It is the policy of’’ and all that

follows through ‘‘objectives:’’ and inserting the fol-

lowing: ‘‘The Secretary of Defense shall develop a

national security strategy for the national technology

and industrial base. Such strategy shall be based on

a prioritized assessment of risks and challenges to

the defense supply chain and shall ensure that the

national technology and industrial base is capable of

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126 STAT. 2063 PUBLIC LAW 112–239—JAN. 2, 2013

achieving the following national security objectives:’’;

and

(iii) by adding at the end the following new para-

graphs:

‘‘(9) Ensuring reliable sources of materials that are critical

to national security, such as specialty metals, essential min-

erals, armor plate, and rare earth elements.

‘‘(10) Reducing, to the maximum extent practicable, the

presence of counterfeit parts in the supply chain and the risk

associated with such parts.’’.

(2) C

LERICAL AMENDMENT

.—The item relating to section

2501 in the table of sections at the beginning of subchapter

II of chapter 148 of such title is amended to read as follows:

‘‘2501. National security strategy for national technology and industrial base.’’.

(b) A

MENDMENT TO

NNUAL

EPORT

ELATING TO

EFENSE

NDUSTRIAL

ASE

.—Section 2504 of such title is amended—

(1) by striking paragraph (2);

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

(3) by inserting after paragraph (2) (as so redesignated)

the following new paragraph (3):

‘‘(3) Based on the strategy required by section 2501 of

this title and on the assessments prepared pursuant to section

2505 of this title—

‘‘(A) a description of any mitigation strategies nec-

essary to address any gaps or vulnerabilities in the national

technology and industrial base; and

‘‘(B) any other steps necessary to foster and safeguard

the national technology and industrial base.’’.

EQUIREMENT FOR

ONSIDERATION OF

TRATEGY IN

CQUISI

TION

LANS

.—Section 2440 of such title is amended by inserting

after ‘‘base’’ the following: ‘‘, in accordance with the strategy

required by section 2501 of this title,’’.

(d) C

ONFORMING

MENDMENTS

.—Section 852 of the National

Defense Authorization Act for Fiscal Year 2012 (Public Law 112–

81; 125 Stat. 1517; 10 U.S.C. 2504 note) is amended—

(1) by striking subsection (c); and

(2) by redesignating subsection (d) as subsection (c), and

in that subsection by striking ‘‘subsection (c).’’ in the first

sentence and inserting ‘‘section 2501 of title 10, United States

Code.’’.

Subtitle B—Department of Defense Activi-

ties Related to Small Business Matters

SEC. 1611. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS

IN ACQUISITION PROCESSES OF THE DEPARTMENT OF

DEFENSE.

(a) G

UIDANCE

EQUIRED

.—The Secretary of Defense shall

develop and issue guidance to ensure that the head of each Office

of Small Business Programs of the Department of Defense is a

participant as early as practicable in the acquisition processes—

(1) of the Department, in the case of the Director of Small

Business Programs in the Department of Defense; and

(2) of the military department concerned, in the case of

the Director of Small Business Programs in the Department

10 USC 144 note.

10 USC

prec. 2501.

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126 STAT. 2064 PUBLIC LAW 112–239—JAN. 2, 2013

of the Army, in the Department of the Navy, and in the Depart-

ment of the Air Force.

(b) M

ATTERS

NCLUDED

.—Such guidance shall, at a min-

imum—

(1) require the Director of Small Business Programs in

the Department of Defense—

(A) to provide advice to the Defense Acquisition Board;

and

(B) to provide advice to the Information Technology

Acquisition Board; and

(2) require coordination between the chiefs of staff of the

Armed Forces and the service acquisition executives, as appro-

priate (or their designees), and the Director of Small Business

Programs in each military department as early as practical

in the relevant acquisition processes.

SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE AUDIT AGEN-

CIES.

(a) S

MALL

USINESS

MBUDSMAN

.—Subchapter II of chapter

8 of title 10, United States Code, is amended by adding at the

end the following new section:

‘‘§ 204. Small Business Ombudsman for defense audit agen-

cies

‘‘(a) S

MALL

USINESS

MBUDSMAN

.—The Secretary of Defense

shall designate within each defense audit agency an official as

the Small Business Ombudsman to have the duties described in

subsection (b) and such other responsibilities as may be determined

by the Secretary.

‘‘(b) D

UTIES

.—The Small Business Ombudsman of a defense

audit agency shall—

‘‘(1) advise the Director of the defense audit agency on

policy issues related to small business concerns;

‘‘(2) serve as the defense audit agency’s primary point of

contact and source of information for small business concerns;

‘‘(3) collect and monitor relevant data regarding the defense

audit agency’s conduct of audits of small business concerns,

including—

‘‘(A) data regarding the timeliness of audit closeouts

for small business concerns; and

‘‘(B) data regarding the responsiveness of the defense

audit agency to issues or other matters raised by small

business concerns; and

‘‘(4) make recommendations to the Director regarding poli-

cies, processes, and procedures related to the timeliness of

audits of small business concerns and the responsiveness of

the defense audit agency to issues or other matters raised

by small business concerns.

‘‘(c) A

UDIT

NDEPENDENCE

.—The Small Business Ombudsman

of a defense audit agency shall be segregated from ongoing audits

in the field and shall not engage in activities with regard to par-

ticular audits that could compromise the independence of the

defense audit agency or undermine compliance with applicable audit

standards.

‘‘(d) D

EFENSE

UDIT

GENCY

EFINED

.—In this section, the

term ‘defense audit agency’ means the Defense Contract Audit

Agency and the Defense Contract Management Agency.’’.

Designation.

10 USC 204.

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126 STAT. 2065 PUBLIC LAW 112–239—JAN. 2, 2013

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of subchapter II of chapter 8 of such title is amended by

inserting after the item relating to section 203 the following new

item:

‘‘204. Small Business Ombudsman for defense audit agencies.’’.

SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT

CONTRACTING PERFORMANCE OF THE DEPARTMENT OF

DEFENSE.

(a) A

SSESSMENT

EQUIRED

.—Not later than 60 days after the

date of the enactment of this Act, the Secretary of Defense shall

select an appropriate entity to conduct an independent assessment

of the procurement performance of the Department of Defense

related to small business concerns.

(b) M

ATTERS

OVERED

.—The assessment under subsection (a)

shall, at a minimum, include an examination of—

(1) the industrial composition of companies receiving sub-

contracts pursuant to the test program for the negotiation

of comprehensive small business subcontracting plans pursuant

to section 834 of the National Defense Authorization Act for

Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C.

637 note), compared to the industrial composition of other con-

tractors in the defense industrial base;

(2) the quality and reliability of data on small business

prime contracting and subcontracting by the Department, and

the reliability of the information technology systems that the

Department uses to track such data;

(3) the negotiation and execution of small business subcon-

tracting plans, and the degree to which proposed teaming agree-

ments are or are not maintained through the performance

of contracts;

(4) the extent to which the Department adheres to current

policies and guidelines relating to small business prime con-

tracting and subcontracting goals;

(5) the extent to which the Department bundles, consoli-

dates, or otherwise groups requirements into contracts that

are unsuitable for award to small business concerns, the extent

to which such bundling, consolidation, or grouping of require-

ments is justified, and the effects that such practices have

on small business participation in contracting opportunities

with the Department;

(6) the degree to which abuses of small business contracting

and subcontracting programs result in contracts and sub-

contracts intended for small business concerns not being

awarded to small business concerns; and

(7) an examination of the transition challenges faced by

businesses that graduate from small business programs or grow

to exceed the size standards for participation in such programs,

along with specific recommendations on steps that should be

taken to help ensure the continued health and growth of such

businesses.

EPORT

.—Not later than January 1, 2014, the Secretary

of Defense shall submit to the congressional defense committees

a report on the independent assessment conducted under this sec-

tion. The report shall include the findings and recommendations

of the assessment, together with any recommendations that the

Secretary may have for improving the Department’s small business

Deadline.

10 USC

prec. 201.

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126 STAT. 2066 PUBLIC LAW 112–239—JAN. 2, 2013

contracting practices and addressing any shortcomings identified

by the assessment.

SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL

OF THE DEPARTMENT OF DEFENSE.

(a) R

EQUIREMENT FOR

XTERNAL

EER

EVIEWS

.—Section 8(c)

of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (8);

(2) by striking the period and inserting ‘‘; and’’ at the

end of paragraph (9); and

(3) by adding at the end the following new paragraph:

‘‘(10) conduct, or approve arrangements for the conduct

of, external peer reviews of Department of Defense audit agen-

cies in accordance with and in such frequency as provided

by Government auditing standards as established by the Comp-

troller General of the United States.’’.

(b) R

EQUIREMENT FOR

DDITIONAL

NFORMATION IN

EMI

ANNUAL

EPORTS

.—Section 8(f) of such Act is amended by striking

paragraph (1) and inserting the following:

‘‘(1) Each semiannual report prepared by the Inspector General

of the Department of Defense under section 5(a) shall be transmitted

by the Secretary of Defense to the Committees on Armed Services

and on Homeland Security and Governmental Affairs of the Senate

and the Committees on Armed Services and on Oversight and

Government Reform of the House of Representatives and to other

appropriate committees or subcommittees of Congress. Each such

report shall include—

‘‘(A) information concerning the numbers and types of con-

tract audits conducted by the Department during the reporting

period; and

‘‘(B) information concerning any Department of Defense

audit agency that, during the reporting period, has either

received a failed opinion from an external peer review or is

overdue for an external peer review required to be conducted

in accordance with subsection (c)(10).’’.

SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRA-

TIVE EXPENSES OF COMMERCIALIZATION READINESS

PROGRAM OF DEPARTMENT OF DEFENSE.

(a) R

ESTORATION

.—Section 9(y) of the Small Business Act (15

U.S.C. 638(y)), as amended by section 5141(b)(1)(B) of the National

Defense Authorization Act for Fiscal Year 2012 (Public Law 112–

81; 125 Stat. 1853) is amended—

(1) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively; and

(2) by inserting after paragraph (3) the following new para-

graph (4):

‘‘(4) F

UNDING

.—For payment of expenses incurred to admin-

ister the Commercialization Readiness Program under this sub-

section, the Secretary of Defense and each Secretary of a mili-

tary department is authorized to use not more than an amount

equal to 1 percent of the funds available to the Department

of Defense or the military department pursuant to the Small

Business Innovation Research Program. Such funds shall not

be used to make Phase III awards.’’.

(b) T

ECHNICAL

MENDMENT

.—Section 5141(b)(3)(B) of the

National Defense Authorization Act for Fiscal Year 2012 (Public

Law 112–81; 125 Stat. 1854) is amended by striking ‘‘subsection

5 USC app. 8.

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126 STAT. 2067 PUBLIC LAW 112–239—JAN. 2, 2013

(y)—’’ and all that follows through ‘‘the following:’’ and inserting

‘‘subsection (y), by amending paragraph (4) to read as follows:’’.

FFECTIVE

ATE

.—The amendments made by this section

shall take effect as of January 1, 2012.

Subtitle C—Matters Relating to Small

Business Concerns

PART I—PROCUREMENT CENTER

REPRESENTATIVES

SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES.

(a) I

ENERAL

.—Section 15(l) of the Small Business Act (15

U.S.C. 644(l)) is amended by striking the subsection enumerator

and inserting the following:

‘‘(l) P

ROCUREMENT

ENTER

EPRESENTATIVES

.—’’.

(b) A

SSIGNMENT AND

OLE

.—Paragraph (1) of section 15(l) of

such Act (15 U.S.C. 644(l)) is amended to read as follows:

‘‘(1) A

SSIGNMENT AND ROLE

.—The Administrator shall

assign to each major procurement center a procurement center

representative with such assistance as may be appropriate.’’.

CTIVITIES

.—Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2))

is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘(2) In addition to carrying out the responsibilities assigned

by the Administration, a breakout’’ and inserting the following:

‘‘(2) A

CTIVITIES

.—A’’;

(2) in subparagraph (B)—

(A) by striking ‘‘(B) review, at any time, restrictions

on competition’’ and inserting the following:

‘‘(B) review, at any time, barriers to small business

participation in Federal contracting’’;

(B) by striking ‘‘items’’ and inserting ‘‘goods and serv-

ices’’; and

(3) in subparagraph (C), by striking ‘‘(C) review restrictions

on competition’’ and inserting the following:

‘‘(C) review barriers to small business participation

in Federal contracting’’;

(4) by striking subparagraph (D) and inserting the fol-

lowing:

‘‘(D) review any bundled or consolidated solicitation

or contract in accordance with this Act;’’;

(5) by striking subparagraph (E) and inserting the fol-

lowing:

‘‘(E) have access to procurement records and other

data of the procurement center commensurate with the

level of such representative’s approved security clearance

classification, with such data provided upon request in

electronic format, when available;’’; and

(6) by striking subparagraphs (F) and (G) and inserting

the following:

‘‘(F) receive unsolicited proposals from small business

concerns and transmit such proposals to personnel of the

activity responsible for reviewing such proposals, who shall

15 USC 638 note.

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126 STAT. 2068 PUBLIC LAW 112–239—JAN. 2, 2013

furnish the procurement center representative with

information regarding the disposition of any such proposal;

‘‘(G) consult with the Director the Office of Small and

Disadvantaged Business Utilization of that agency and the

agency personnel described in paragraph (7) and (8) of

subsection (k) with regard to agency insourcing decisions

covered by subsection (k)(11);

‘‘(H) be an advocate for the maximum practicable utili-

zation of small business concerns in Federal contracting,

including by advocating against the consolidation or bun-

dling of contract requirements when not justified; and

‘‘(I) carry out any other responsibility assigned by the

Administrator.’’.

(d) A

PPEALS

.—Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3))

is amended by striking ‘‘(3) A breakout procurement center rep-

resentative’’ and inserting the following:

‘‘(3) A

PPEALS

.—A procurement center representative’’.

(e) A

SSIGNMENT TO

AJOR

ROCUREMENT

ENTERS

.—Para-

graph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended

by striking ‘‘breakout procurement center representative’’ and

inserting ‘‘procurement center representative’’.

(f) P

OSITION

EQUIREMENTS

.—Section 15(l)(5) of such Act (15

U.S.C. 644(l)(5)) is amended—

(1) by striking the paragraph enumerator and inserting

the following:

‘‘(5) P

OSITION REQUIREMENTS

.—’’;

(2) by striking subparagraphs (A) and (B) and inserting

the following:

‘‘(A) I

N GENERAL

.—A procurement center representa-

tive assigned under this subsection shall—

‘‘(i) be a full-time employee of the Administration;

‘‘(ii) be fully qualified, technically trained, and

familiar with the goods and services procured by the

major procurement center to which that representative

is assigned; and

‘‘(iii) have a Level III Federal Acquisition Certifi-

cation in Contracting (or any successor certification)

or the equivalent Department of Defense certification,

except that any person serving in such a position on

the date of enactment of this clause may continue

to serve in that position for a period of 5 years without

the required certification.’’; and

(3) in subparagraph (C) by striking ‘‘(C) The Administration

shall establish personnel positions for breakout procurement

representatives and advisers assigned pursuant to’’ and

inserting the following:

‘‘(B) C

OMPENSATION

.—The Administrator shall estab-

lish personnel positions for procurement center representa-

tives assigned under’’.

(g) M

AJOR

ROCUREMENT

ENTER

EFINED

.—Section 15(l)(6)

of such Act (15 U.S.C. 644(l)(6)) is amended—

(1) by striking ‘‘(6) For purposes’’ and inserting the fol-

lowing:

‘‘(6) M

AJOR PROCUREMENT CENTER DEFINED

.—For pur-

poses’’; and

(2) by striking ‘‘other than commercial items and which

has the potential to incur significant savings as the result

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126 STAT. 2069 PUBLIC LAW 112–239—JAN. 2, 2013

of the placement of a breakout procurement center representa-

tive’’ and inserting ‘‘goods or services, including goods or serv-

ices that are commercially available’’.

(h) T

RAINING

.—Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7))

is amended—

(1) by striking the paragraph enumerator and inserting

the following:

‘‘(7) T

RAINING

.—’’;

(2) in subparagraph (A) by striking ‘‘(A) At such times’’

and inserting the following:

‘‘(A) A

UTHORIZATION

.—At such times’’.

(3) in subparagraph (B)—

(A) by striking ‘‘(B) The breakout procurement center

representative’’ and inserting the following:

‘‘(8) A

NNUAL BRIEFING AND REPORT

.—A procurement center

representative’’; and

(B) by striking ‘‘sixty’’ and inserting ‘‘60’’; and

(4) by inserting after subparagraph (A) the following:

‘‘(B) L

IMITATION

.—A procurement center representative

may provide training under subparagraph (A) only to the

extent that the training does not interfere with the rep-

resentative carrying out other activities under this sub-

section.’’.

SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS

TRAINING.

(a) E

STABLISHMENT

.—Not later than 1 year after the date of

enactment of this part, the Defense Acquisition University and

the Federal Acquisition Institute shall each provide a course on

contracting requirements under the Small Business Act, including

the requirements for small business concerns owned and controlled

by service-disabled veterans, qualified HUBZone small business

concerns, small business concerns owned and controlled by socially

and economically disadvantaged individuals, and small business

concerns owned and controlled by women.

(b) C

OURSE

EQUIRED

.—To have a Federal Acquisition Certifi-

cation in Contracting (or any successor certification) or the equiva-

lent Department of Defense certification an individual shall be

required to complete the course established under subsection (a).

EQUIREMENT

HAT

USINESS

PPORTUNITY

PECIALISTS

ERTIFIED

.—Section 7(j)(10)(D)(i) of the Small Business Act

(15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ‘‘to assist

such Program Participant.’’ the following: ‘‘The Business Oppor-

tunity Specialist shall have a Level I Federal Acquisition Certifi-

cation in Contracting (or any successor certification) or the equiva-

lent Department of Defense certification, except that a Business

Opportunity Specialist serving at the time of the date of enactment

of the National Defense Authorization Act for Fiscal Year 2013

may continue to serve as a Business Opportunity Specialist for

a period of 5 years beginning on that date of enactment without

such a certification.’’.

SEC. 1623. ACQUISITION PLANNING.

Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1))

is amended—

(1) by striking ‘‘the various agencies’’ and inserting ‘‘a

Federal department or agency’’; and

Time period.

15 USC 631 note.

Deadline.

15 USC 631 note.

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126 STAT. 2070 PUBLIC LAW 112–239—JAN. 2, 2013

(2) by striking the period and inserting ‘‘, and each such

Federal department or agency shall—

‘‘(A) provide opportunities for the participation of small

business concerns during acquisition planning processes

and in acquisition plans; and

‘‘(B) invite the participation of the appropriate Director

of Small and Disadvantaged Business Utilization in

acquisition planning processes and provide that Director

access to acquisition plans.’’.

PART II—GOALS FOR PROCUREMENT CON-

TRACTS AWARDED TO SMALL BUSINESS

CONCERNS

SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO

SMALL BUSINESS CONCERNS.

(a) G

OVERNMENTWIDE

OALS

.—Paragraph (1) of section 15(g)

of the Small Business Act (15 U.S.C. 644(g)) is amended to read

as follows:

‘‘(1) G

OVERNMENTWIDE GOALS

.—

‘‘(A) E

STABLISHMENT

.—The President shall annually

establish Governmentwide goals for procurement contracts

awarded to small business concerns, small business con-

cerns owned and controlled by service-disabled veterans,

qualified HUBZone small business concerns, small business

concerns owned and controlled by socially and economically

disadvantaged individuals, and small business concerns

owned and controlled by women in accordance with the

following:

‘‘(i) The Governmentwide goal for participation by

small business concerns shall be established at not

less than 23 percent of the total value of all prime

contract awards for each fiscal year.

‘‘(ii) The Governmentwide goal for participation

by small business concerns owned and controlled by

service-disabled veterans shall be established at not

less than 3 percent of the total value of all prime

contract and subcontract awards for each fiscal year.

‘‘(iii) The Governmentwide goal for participation

by qualified HUBZone small business concerns shall

be established at not less than 3 percent of the total

value of all prime contract and subcontract awards

for each fiscal year.

‘‘(iv) The Governmentwide goal for participation

by small business concerns owned and controlled by

socially and economically disadvantaged individuals

shall be established at not less than 5 percent of the

total value of all prime contract and subcontract

awards for each fiscal year.

‘‘(v) The Governmentwide goal for participation by

small business concerns owned and controlled by

women shall be established at not less than 5 percent

of the total value of all prime contract and subcontract

awards for each fiscal year.

‘‘(B) A

CHIEVEMENT OF GOVERNMENTWIDE GOALS

.—Each

agency shall have an annual goal that presents, for that

President.

Deadline.

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126 STAT. 2071 PUBLIC LAW 112–239—JAN. 2, 2013

agency, the maximum practicable opportunity for small

business concerns, small business concerns owned and con-

trolled by service-disabled veterans, qualified HUBZone

small business concerns, small business concerns owned

and controlled by socially and economically disadvantaged

individuals, and small business concerns owned and con-

trolled by women to participate in the performance of con-

tracts let by such agency. The Small Business Administra-

tion and the Administrator for Federal Procurement Policy

shall, when exercising their authority pursuant to para-

graph (2), insure that the cumulative annual prime contract

goals for all agencies meet or exceed the annual

Governmentwide prime contract goal established by the

President pursuant to this paragraph.’’.

(b) A

MENDMENTS TO THE

MALL

USINESS

.—Paragraph

(2) of section 15(g) of the Small Business Act (15 U.S.C. 644(g))

is amended—

(1) in subparagraph (A), by adding at the end the following:

‘‘Such goals shall separately address prime contract awards

and subcontract awards for each category of small business

covered.’’;

(2) in subparagraph (D), by striking ‘‘For the purpose of

establishing goals under this subsection’’ and all that follows

through the end of that subparagraph, and inserting the fol-

lowing: ‘‘After establishing goals under this paragraph for a

fiscal year, the head of each Federal agency shall develop

a plan for achieving such goals at both the prime contract

and the subcontract level, which shall apportion responsibilities

among the agency’s acquisition executives and officials. In

establishing goals under this paragraph, the head of each Fed-

eral agency shall make a consistent effort to annually expand

participation by small business concerns from each industry

category in procurement contracts and subcontracts of such

agency, including participation by small business concerns

owned and controlled by service-disabled veterans, qualified

HUBZone small business concerns, small business concerns

owned and controlled by socially and economically disadvan-

taged individuals, and small business concerns owned and con-

trolled by women.’’; and

(3) by striking subparagraphs (E) and (F) and inserting

the following:

‘‘(E) The head of each Federal agency, in attempting

to attain expanded participation under subparagraph (D),

shall consider—

‘‘(i) contracts awarded as the result of unrestricted

competition; and

‘‘(ii) contracts awarded after competition restricted

to eligible small business concerns under this section

and under the program established under section 8(a).

‘‘(F)(i) Each procurement employee or program man-

ager described in clause (ii) shall communicate to the

subordinates of the procurement employee or program man-

ager the importance of achieving goals established under

subparagraph (A).

‘‘(ii) A procurement employee or program manager

described in this clause is a senior procurement executive,

Plans.

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126 STAT. 2072 PUBLIC LAW 112–239—JAN. 2, 2013

senior program manager, or Director of Small and Dis-

advantaged Business Utilization of a Federal agency having

contracting authority.’’.

DDITIONAL

EQUIREMENTS

.—Not later than 180 days after

the date of the enactment of this part, the Administrator of the

Small Business Administration shall review and revise the Goaling

Guidelines for the Small Business Preference Programs for Prime

and Subcontract Federal Procurement Goals and Achievements to

the extent necessary to ensure that—

(1) agency subcontracting goals are established on the basis

of realistically achievable improvements to levels of subcon-

tracting rather than on the basis of an average of previous

years’ subcontracting performance;

(2) agency contracting and subcontracting goals are estab-

lished in a manner that does not exclude categories of contracts

on the basis of—

(A) the type of goods or services for which the agency

contracts;

(B) in the case of contracts subject to competitive proce-

dures under chapter 33 of title 41, United States Code—

(i) whether or not funding for the contracts is

made directly available to the agency by an Appropria-

tions Act or is made available by reimbursement from

another agency or account; or

(ii) whether or not the contract is subject to the

Federal Acquisition Regulation; and

(3) whenever an agency contracting or subcontracting goal

is established at a level lower than the Governmentwide goal

for small business concerns or the relevant category of small

business concerns, the Administration is required to document

the basis for the decision to establish such lower goal.

(d) A

SSESSMENT

EQUIRED

.—Not later than 60 days after the

date of the enactment of this part, the Chief Counsel for Advocacy

of the Small Business Administration shall enter into a contract

with an appropriate entity to conduct an independent assessment

of the small business procurement goals established in section 15(g)

of the Small Business Act.

(1) C

OORDINATION WITH DEPARTMENT OF DEFENSE

.—To the

extent practicable, the Administrator shall coordinate this

assessment with the Secretary of Defense, to avoid unnecessary

duplication with the assessment required by section 1613 of

this title.

(2) M

ATTERS COVERED

.—The assessment under this sub-

section shall, at a minimum, include—

(A) a description of the industrial composition of

companies receiving prime contracts and subcontracts with

the Federal Government;

(B) a description of the industrial composition of

domestic small business concerns, small business concerns

owned and controlled by service-disabled veterans, qualified

HUBZone small business concerns, small business concerns

owned and controlled by socially and economically dis-

advantaged individuals, and small business concerns owned

and controlled by women;

contractors and subcontractors participating in Federal con-

tracting and the industrial composition of domestic small

Deadline.

Review.

Revision.

15 USC 644 note.

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126 STAT. 2073 PUBLIC LAW 112–239—JAN. 2, 2013

business concerns, small business concerns owned and con-

trolled by service-disabled veterans, qualified HUBZone

small business concerns, small business concerns owned

and controlled by socially and economically disadvantaged

individuals, and small business concerns owned and con-

trolled by women;

(D) a determination of barriers to accurately capturing

data on small business prime contracting and subcon-

tracting, including an examination of the reliability of

information technology systems used by more than one

Federal agency to track such data;

(E) recommendations for improving the quality and

availability of data regarding small business prime con-

tracting and subcontracting performance;

(F) recommendations to improve and inform the

establishment of the goals in section 15(g) of the Small

Business Act, including:

(i) alternate methodologies for establishing the

goals;

(ii) determining which contracts should be subject

to the goals;

(iii) methods for improving the correlation of cur-

rent goaling practices with the health of the industrial

base; and

(iv) methods of allocating goals between Federal

agencies; and

(G) barriers within Federal procurement practices that

inhibit the maximum practicable utilization of domestic

small business concerns, small business concerns owned

and controlled by service-disabled veterans, qualified

HUBZone small business concerns, small business concerns

owned and controlled by socially and economically dis-

advantaged individuals, and small business concerns owned

and controlled by women.

SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS

AWARDED TO SMALL BUSINESS CONCERNS.

Subsection (h) of section 15 of the Small Business Act (15

U.S.C. 644) is amended to read as follows:

‘‘(h) R

EPORTING ON

OALS FOR

ROCUREMENT

ONTRACTS

WARDED TO

MALL

USINESS

ONCERNS

.—

‘‘(1) A

GENCY REPORTS

.—At the conclusion of each fiscal

year, the head of each Federal agency shall submit to the

Administrator a report describing—

‘‘(A) the extent of the participation by small business

concerns, small business concerns owned and controlled

by veterans (including service-disabled veterans), qualified

HUBZone small business concerns, small business concerns

owned and controlled by socially and economically dis-

advantaged individuals, and small business concerns owned

and controlled by women in the procurement contracts

of such agency during such fiscal year;

‘‘(B) whether the agency achieved the goals established

for the agency under subsection (g)(2) with respect to such

fiscal year; and

‘‘(C) any justifications for a failure to achieve such

goals.

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126 STAT. 2074 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) R

EPORTS BY ADMINISTRATOR

.—Not later than 60 days

after receiving a report from each Federal agency under para-

graph (1) with respect to a fiscal year, the Administrator shall

submit to the President and Congress, and to make available

on a public Web site, a report that includes—

‘‘(A) a copy of each report submitted to the Adminis-

trator under paragraph (1);

‘‘(B) a determination of whether each goal established

by the President under subsection (g)(1) for such fiscal

year was achieved;

‘‘(C) a determination of whether each goal established

by the head of a Federal agency under subsection (g)(2)

for such fiscal year was achieved;

‘‘(D) the reasons for any failure to achieve a goal estab-

lished under paragraph (1) or (2) of subsection (g) for

such fiscal year and a description of actions planned by

the applicable agency to address such failure, including

the Administrator’s comments and recommendations on the

proposed remediation plan; and

‘‘(E) for the Federal Government and each Federal

agency, an analysis of the number and dollar amount of

prime contracts awarded during such fiscal year to—

‘‘(i) small business concerns—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns; and

‘‘(IV) through unrestricted competition;

‘‘(ii) small business concerns owned and controlled

by service-disabled veterans—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

‘‘(IV) through competitions restricted to small

business concerns owned and controlled by service-

disabled veterans; and

‘‘(V) through unrestricted competition;

‘‘(iii) qualified HUBZone small business concerns—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

‘‘(IV) through competitions restricted to quali-

fied HUBZone small business concerns;

‘‘(V) through unrestricted competition where

a price evaluation preference was used; and

‘‘(VI) through unrestricted competition where

a price evaluation preference was not used;

‘‘(iv) small business concerns owned and controlled

by socially and economically disadvantaged individ-

uals—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

Web posting.

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126 STAT. 2075 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(IV) through competitions restricted to small

business concerns owned and controlled by socially

and economically disadvantaged individuals;

‘‘(V) through unrestricted competition; and

‘‘(VI) by reason of that concern’s certification

as a small business owned and controlled by

socially and economically disadvantaged individ-

uals;

‘‘(v) small business concerns owned by an Indian

tribe (as such term is defined in section 8(a)(13)) other

than an Alaska Native Corporation—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

‘‘(IV) through competitions restricted to small

business concerns owned and controlled by socially

and economically disadvantaged individuals; and

‘‘(V) through unrestricted competition;

‘‘(vi) small business concerns owned by a Native

Hawaiian Organization—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

‘‘(IV) through competitions restricted to small

business concerns owned and controlled by socially

and economically disadvantaged individuals; and

‘‘(V) through unrestricted competition;

‘‘(vii) small business concerns owned by an Alaska

Native Corporation—

‘‘(I) in the aggregate;

‘‘(II) through sole source contracts;

‘‘(III) through competitions restricted to small

business concerns;

‘‘(IV) through competitions restricted to small

business concerns owned and controlled by socially

and economically disadvantaged individuals; and

‘‘(V) through unrestricted competition; and

‘‘(viii) small business concerns owned and con-

trolled by women—

‘‘(I) in the aggregate;

‘‘(II) through competitions restricted to small

business concerns;

‘‘(III) through competitions restricted using the

authority under section 8(m)(2);

‘‘(IV) through competitions restricted using the

authority under section 8(m)(2) and in which the

waiver authority under section 8(m)(3) was used;

and

‘‘(V) through unrestricted competition; and

‘‘(F) for the Federal Government, the number, dollar

amount, and distribution with respect to the North Amer-

ican Industry Classification System of subcontracts

awarded during such fiscal year to small business concerns,

small business concerns owned and controlled by service-

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126 STAT. 2076 PUBLIC LAW 112–239—JAN. 2, 2013

disabled veterans, qualified HUBZone small business con-

cerns, small business concerns owned and controlled by

socially and economically disadvantaged individuals, and

small business concerns owned and controlled by women,

provided that such information is publicly available

through data systems developed pursuant to the Federal

Funding Accountability and Transparency Act of 2006

(Public Law 109–282), or otherwise available as provided

in paragraph (3).

‘‘(3) A

CCESS TO DATA

.—

‘‘(A) F

EDERAL PROCUREMENT DATA SYSTEM

.—To assist

in the implementation of this section, the Administration

shall have access to information collected through the Fed-

eral Procurement Data System, Federal Subcontracting

Reporting System, or any new or successor system.

‘‘(B) A

GENCY PROCUREMENT DATA SOURCES

.—To assist

in the implementation of this section, the head of each

contracting agency shall provide, upon request of the

Administration, procurement information collected through

agency data collection sources in existence at the time

of the request. Contracting agencies shall not be required

to establish new data collection systems to provide such

data.’’.

SEC. 1633. SENIOR EXECUTIVES.

(a) T

RAINING

.—Programs established for the development of

senior executives under section 3396(a) of title 5, United States

Code, shall include training with respect to Federal procurement

requirements, including contracting requirements under the Small

Business Act (15 U.S.C. 631 et seq.).

(b) R

ESPONSIBILITY FOR

CHIEVING

MALL

USINESS

OALS

.—

The head of an agency shall take steps to ensure that members

of the senior executive service, as defined under section 3396(a)

of title 5, United States Code, responsible for acquisition, other

senior officials responsible for acquisition, and other members of

the senior executive service, as appropriate, assume responsibility

for of the agency’s success in achieving small business contracting

goals and percentages by—

(1) promoting a climate or environment that is responsive

to small business concerns;

(2) communicating the importance of achieving the agency’s

small business contracting goals; and

(3) encouraging small business awareness, outreach, and

support.

EFINITIONS

.—In this section the term ‘‘responsible for

acquisition’’, with respect to a member of the senior executive

service or other senior official, means such a member or official

who acquires services or supplies, directs agency organizations to

acquire services or supplies, oversees acquisition officials, including

program managers, contracting officers, and other acquisition

workforce personnel responsible for formulating and approving

acquisition strategies and plans.

PART III—MENTOR-PROTEGE PROGRAMS

SEC. 1641. MENTOR-PROTEGE PROGRAMS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

15 USC 631 note.

5 USC 3396 note.

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126 STAT. 2077 PUBLIC LAW 112–239—JAN. 2, 2013

(1) by redesignating section 45 as section 47; and

(2) by inserting after section 44 the following:

‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS.

‘‘(a) A

DMINISTRATION

ROGRAM

.—

‘‘(1) A

UTHORITY

.—The Administrator is authorized to estab-

lish a mentor-protege program for all small business concerns.

‘‘(2) M

ODEL FOR PROGRAM

.—The mentor-protege program

established under paragraph (1) shall be identical to the

mentor-protege program of the Administration for small busi-

ness concerns that participate in the program under section

8(a) (as in effect on the date of enactment of this section),

except that the Administrator may modify the program to the

extent necessary given the types of small business concerns

included as proteges.

‘‘(b) P

ROGRAMS OF

THER

GENCIES

.—

‘‘(1) A

PPROVAL REQUIRED

.—Except as provided in paragraph

(4), a Federal department or agency may not carry out a

mentor-protege program for small business concerns unless—

‘‘(A) the head of the department or agency submits

a plan to the Administrator for the program; and

‘‘(B) the Administrator approves such plan.

‘‘(2) B

ASIS FOR APPROVAL

.—The Administrator shall approve

or disapprove a plan submitted under paragraph (1) based

on whether the program proposed—

‘‘(A) will assist proteges to compete for Federal prime

contracts and subcontracts; and

‘‘(B) complies with the regulations issued under para-

graph (3).

‘‘(3) R

EGULATIONS

.—Not later than 270 days after the date

of enactment of this section, the Administrator shall issue,

subject to notice and comment, regulations with respect to

mentor-protege programs, which shall ensure that such pro-

grams improve the ability of proteges to compete for Federal

prime contracts and subcontracts and which shall address,

at a minimum, the following:

‘‘(A) Eligibility criteria for program participants,

including any restrictions on the number of mentor-protege

relationships permitted for each participant.

‘‘(B) The types of developmental assistance to be pro-

vided by mentors, including how the assistance provided

shall improve the competitive viability of the proteges.

‘‘(C) Whether any developmental assistance provided

by a mentor may affect the status of a program participant

as a small business concern due to affiliation.

‘‘(D) The length of mentor-protege relationships.

‘‘(E) The effect of mentor-protege relationships on con-

tracting.

‘‘(F) Benefits that may accrue to a mentor as a result

of program participation.

‘‘(G) Reporting requirements during program participa-

tion.

‘‘(H) Postparticipation reporting requirements.

‘‘(I) The need for a mentor-protege pair, if accepted

to participate as a pair in a mentor-protege program of

any Federal department or agency, to be accepted to partici-

pate as a pair in all Federal mentor-protege programs.

Deadline.

Plans.

15 USC 657r.

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126 STAT. 2078 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(J) Actions to be taken to ensure benefits for proteges

and to protect a protege against actions by a mentor that—

‘‘(i) may adversely affect the protege’s status as

a small business concern; or

‘‘(ii) provide disproportionate economic benefits to

the mentor relative to those provided the protege.

‘‘(4) L

IMITATION ON APPLICABILITY

.—Paragraph (1) does not

apply to the following:

‘‘(A) Any mentor-protege program of the Department

of Defense.

‘‘(B) Any mentoring assistance provided under a Small

Business Innovation Research Program or a Small Business

Technology Transfer Program.

‘‘(C) Until the date that is 1 year after the date on

which the Administrator issues regulations under para-

graph (3), any Federal department or agency operating

a mentor-protege program in effect on the date of enact-

ment of this section.

‘‘(c) R

EPORTING

.—

‘‘(1) I

N GENERAL

.—Not later than 2 years after the date

of enactment of this section, and annually thereafter, the

Administrator shall submit to the Committee on Small Business

of the House of Representatives and the Committee on Small

Business and Entrepreneurship of the Senate a report that—

‘‘(A) identifies each Federal mentor-protege program;

‘‘(B) specifies the number of participants in each such

program, including the number of participants that are—

‘‘(i) small business concerns;

‘‘(ii) small business concerns owned and controlled

by service-disabled veterans;

‘‘(iii) qualified HUBZone small business concerns;

‘‘(iv) small business concerns owned and controlled

by socially and economically disadvantaged individuals;

‘‘(v) small business concerns owned and controlled

by women;

‘‘(C) describes the type of assistance provided to pro-

teges under each such program;

‘‘(D) describes the benefits provided to mentors under

each such program; and

‘‘(E) describes the progress of proteges under each such

program with respect to competing for Federal prime con-

tracts and subcontracts.

‘‘(2) P

ROVISION OF INFORMATION

.—The head of each Federal

department or agency carrying out a mentor-protege program

shall provide to the Administrator, on an annual basis, the

information necessary for the Administrator to submit a report

required under paragraph (1).

‘‘(d) D

EFINITIONS

.—In this section, the following definitions

apply:

‘‘(1) M

ENTOR

.—The term ‘mentor’ means a for-profit busi-

ness concern, of any size, that—

‘‘(A) has the ability to assist and commits to assisting

a protege to compete for Federal prime contracts and sub-

contracts; and

‘‘(B) satisfies any other requirements imposed by the

Administrator.

Time period.

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126 STAT. 2079 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) M

ENTOR

PROTEGE PROGRAM

.—The term ‘mentor-pro-

tege program’ means a program that pairs a mentor with

a protege for the purpose of assisting the protege to compete

for Federal prime contracts and subcontracts.

‘‘(3) P

ROTEGE

.—The term ‘protege’ means a small business

concern that—

‘‘(A) is eligible to enter into Federal prime contracts

and subcontracts; and

‘‘(B) satisfies any other requirements imposed by the

Administrator.

‘‘(e) C

URRENT

ENTOR

ROTEGE

GREEMENTS

.—Mentors and

proteges with approved agreement in a program operating pursuant

to subsection (b)(4)(C) shall be permitted to continue their relation-

ship according to the terms specified in their agreement until the

expiration date specified in the agreement.

‘‘(f) S

UBMISSION OF

GENCY

LANS

.—Agencies operating mentor

protege programs pursuant to subsection (b)(4)(C) shall submit the

plans specified in subsection (b)(1)(A) to the Administrator within

6 months of the promulgation of rules required by subsection (b)(3).

The Administrator shall provide initial comments on each plan

within 60 days of receipt, and final approval or denial of each

plan within 180 days after receipt.’’.

PART IV—TRANSPARENCY IN

SUBCONTRACTING

SEC. 1651. LIMITATIONS ON SUBCONTRACTING.

The Small Business Act (15 U.S.C. 631 et seq.) is amended

by inserting before section 47 (as redesignated by section 1641

of this subtitle) the following:

‘‘SEC. 46. LIMITATIONS ON SUBCONTRACTING.

‘‘(a) I

ENERAL

.—If awarded a contract under section 8(a),

8(m), 15(a), 31, or 36, a covered small business concern—

‘‘(1) in the case of a contract for services, may not expend

on subcontractors more than 50 percent of the amount paid

to the concern under the contract;

‘‘(2) in the case of a contract for supplies (other than

from a regular dealer in such supplies), may not expend on

subcontractors more than 50 percent of the amount, less the

cost of materials, paid to the concern under the contract;

‘‘(3) in the case of a contract described in paragraphs (1)

and (2)—

‘‘(A) shall determine for which category, services (as

described in paragraph (1)) or supplies (as described in

paragraph (2)), the greatest percentage of the contract is

awarded;

‘‘(B) shall determine the amount awarded under the

contract for that category of services or supplies; and

‘‘(C) may not expend on subcontractors, with respect

to the amount determined under subparagraph (B), more

than 50 percent of that amount; and

‘‘(4) in the case of a contract for supplies from a regular

dealer in such supplies, shall supply the product of a domestic

small business manufacturer or processor, unless a waiver of

such requirement is granted—

Determinations.

15 USC 657s.

Deadlines.

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126 STAT. 2080 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(A) by the Administrator, after reviewing a determina-

tion by the applicable contracting officer that no small

business manufacturer or processor can reasonably be

expected to offer a product meeting the specifications

(including period for performance) required by the contract;

‘‘(B) by the Administrator for a product (or class of

products), after determining that no small business manu-

facturer or processor is available to participate in the Fed-

eral procurement market.

‘‘(b) S

IMILARLY

ITUATED

NTITIES

.—Contract amounts

expended by a covered small business concern on a subcontractor

that is a similarly situated entity shall not be considered subcon-

tracted for purposes of determining whether the covered small

business concern has violated a requirement established under sub-

section (a) or (d).

‘‘(c) M

ODIFICATIONS OF

ERCENTAGES

.—The Administrator may

change, by rule (after providing notice and an opportunity for public

comment), a percentage specified in paragraphs (1) through (4)

of subsection (a) if the Administrator determines that such change

is necessary to reflect conventional industry practices among busi-

ness concerns that are below the numerical size standard for

businesses in that industry category.

‘‘(d) O

THER

ONTRACTS

.—

‘‘(1) I

N GENERAL

.—With respect to a category of contracts

to which a requirement under subsection (a) does not apply,

the Administrator is authorized to establish, by rule (after

providing notice and an opportunity for public comment), a

requirement that a covered small business concern may not

expend on subcontractors more than a specified percentage

of the amount paid to the concern under a contract in that

category.

‘‘(2) U

NIFORMITY

.—A requirement established under para-

graph (1) shall apply to all covered small business concerns.

‘‘(3) C

ONSTRUCTION PROJECTS

.—The Administrator shall

establish, through public rulemaking, requirements similar to

those specified in paragraph (1) to be applicable to contracts

for general and specialty construction and to contracts for any

other industry category not otherwise subject to the require-

ments of such paragraph. The percentage applicable to any

such requirement shall be determined in accordance with para-

graph (1).

‘‘(e) D

EFINITIONS

.—In this section, the following definitions

apply:

‘‘(1) C

OVERED SMALL BUSINESS CONCERN

.—The term ‘cov-

ered small business concern’ means a business concern that—

‘‘(A) with respect to a contract awarded under section

8(a), is a small business concern eligible to receive contracts

under that section;

‘‘(B) with respect to a contract awarded under section

8(m)—

‘‘(i) is a small business concern owned and con-

trolled by women (as defined in that section); or

‘‘(ii) is a small business concern owned and con-

trolled by women (as defined in that section) that

is not less than 51 percent owned by 1 or more women

Determination.

Regulations.

Requirements.

Applicability.

Regulation.

Notice.

Public

information.

Regulations.

Notice.

Public

information.

Determination.

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126 STAT. 2081 PUBLIC LAW 112–239—JAN. 2, 2013

who are economically disadvantaged (and such owner-

ship is determined without regard to any community

property law);

‘‘(C) with respect to a contract awarded under section

15(a), is a small business concern;

‘‘(D) with respect to a contract awarded under section

31, is a qualified HUBZone small business concern; or

‘‘(E) with respect to a contract awarded under section

36, is a small business concern owned and controlled by

service-disabled veterans.

‘‘(2) S

IMILARLY SITUATED ENTITY

.—The term ‘similarly situ-

ated entity’ means a subcontractor that—

‘‘(A) if a subcontractor for a small business concern,

is a small business concern;

‘‘(B) if a subcontractor for a small business concern

eligible to receive contracts under section 8(a), is such

a concern;

‘‘(C) if a subcontractor for a small business concern

owned and controlled by women (as defined in section

8(m)), is such a concern;

‘‘(D) if a subcontractor for a small business concern

owned and controlled by women (as defined in section

8(m)) that is not less than 51 percent owned by 1 or

more women who are economically disadvantaged (and such

ownership is determined without regard to any community

property law), is such a concern;

‘‘(E) if a subcontractor for a qualified HUBZone small

business concern, is such a concern; or

‘‘(F) if a subcontractor for a small business concern

owned and controlled by service-disabled veterans, is such

a concern.’’.

SEC. 1652. PENALTIES.

Section 16 of the Small Business Act (15 U.S.C. 645) is amended

by adding at the end the following:

‘‘(g) S

UBCONTRACTING

IMITATIONS

.—

‘‘(1) I

N GENERAL

.—Whoever violates a requirement estab-

lished under section 46 shall be subject to the penalties pre-

scribed in subsection (d), except that, for an entity that exceeded

a limitation on subcontracting under such section, the fine

described in subsection (d)(2)(A) shall be treated as the greater

of—

‘‘(A) $500,000; or

‘‘(B) the dollar amount expended, in excess of permitted

levels, by the entity on subcontractors.

‘‘(2) M

ONITORING

.—Not later than 1 year after the date

of enactment of this subsection, the Administrator shall take

such actions as are necessary to ensure that an existing Federal

subcontracting reporting system is modified to notify the

Administrator, the appropriate Director of the Office of Small

and Disadvantaged Business Utilization, and the appropriate

contracting officer if a requirement established under section

46 is violated.’’.

SEC. 1653. SUBCONTRACTING PLANS.

(a) A

MENDMENTS TO

MALL

USINESS

EQUIREMENTS

.—

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended

by—

Deadline.

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126 STAT. 2082 PUBLIC LAW 112–239—JAN. 2, 2013

(1) redesignating paragraphs (7), (8), (9), (10), (11), and

(12) as paragraphs (8), (9), (10), (11), (12), and (13) respectively;

(2) inserting after paragraph (6) the following:

‘‘(7) The head of the contracting agency shall ensure that—

‘‘(A) the agency collects and reports data on the extent

to which contractors of the agency meet the goals and

objectives set forth in subcontracting plans submitted

pursuant to this subsection; and

‘‘(B) the agency periodically reviews data collected and

reported pursuant to subparagraph (A) for the purpose

of ensuring that such contractors comply in good faith

with the requirements of this subsection and subcon-

tracting plans submitted by the contractors pursuant to

this subsection.’’;

(3) in paragraph (9), as redesignated by paragraph (1)

of this subsection, striking ‘‘shall be a material breach of such

contract or subcontract’’ and inserting ‘‘shall be a material

breach of such contract or subcontract and may be considered

in any past performance evaluation of the contractor’’;

(4) in subparagraph (C) of paragraph (11), as redesignated

by paragraph (1) of this subsection, by striking ‘‘, either on

a contract-by-contract basis, or in the case contractors’’ and

inserting ‘‘as a supplement to evaluations performed by the

contracting agency, either on a contract-by-contract basis or,

in the case of contractors’’; and

(5) by adding at the end the following:

‘‘(14) An offeror for a covered contract that intends to

identify a small business concern as a potential subcontractor

in a bid or proposal for the contract, or in a plan submitted

pursuant to this subsection in connection with the contract,

shall notify the small business concern prior to making such

identification.

‘‘(15) The Administrator shall establish a reporting mecha-

nism that allows a subcontractor or potential subcontractor

to report fraudulent activity or bad faith by a contractor with

respect to a subcontracting plan submitted pursuant to this

subsection.’’.

(b) A

DDITIONAL

EQUIREMENTS

.—

(1) R

EPORTING REQUIREMENTS

.—Not later than 1 year after

the date of the enactment of this part, the Administrator of

the Small Business Administration shall take such actions as

are necessary to ensure that the electronic subcontracting

reporting system established by the Administration to carry

out the requirement of section 8(d)(6)(E) of the Small Business

Act is modified to ensure that it can identify entities that

fail to submit required reports.

(2) A

NNUAL REPORT

.—Not later than March 31 of each

year, the Administrator of the Small Business Administration

shall provide the Committee on Small Business of the House

of Representatives and the Committee on Small Business and

Entrepreneurship of the Senate a report, based on data avail-

able through existing systems, that sets forth, by agency (and

to the extent practicable, by type of goal or plan), the following

information:

(A) the percentage of entities required to submit

reports pursuant to section 8(d)(6) of the Small Business

15 USC 637d.

Reports.

Notification.

Reviews.

Reports.

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126 STAT. 2083 PUBLIC LAW 112–239—JAN. 2, 2013

Act that filed such reports and that failed to file such

reports during the prior fiscal year;

(B) the percentage of entities filing such reports that

met, exceeded, or failed to meet goals set forth in their

subcontracting plans during the prior fiscal year; and

exceeded, or failed to meet, their subcontracting goals

during the prior fiscal year.

SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNITIES.

Section 8(k)(1) of the Small Business Act (15 U.S.C. 637(k)(1))

is amended by striking ‘‘in the Commerce Business Daily’’ and

inserting ‘‘on the appropriate Federal Web site (as determined

by the Administrator)’’.

SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS.

Not later than 270 days after the date of the enactment of

this part, the Director of the Office of Management and Budget

shall publish procedures and methodologies to be used by Federal

agencies with respect to decisions to convert a function being per-

formed by a small business concern to performance by a Federal

employee, including procedures and methodologies for determining

which contracts will be studied for potential conversion; procedures

and methodologies by which a contract is evaluated as inherently

governmental or as a critical agency function; and procedures and

methodologies for estimating and comparing costs. Should a Federal

agency develop any agency-specific methodologies for identifying

critical agency functions or supplemental implementation guidance,

such methodologies and guidance shall be published upon

implementation.

PART V—SMALL BUSINESS CONCERN SIZE

STANDARDS

SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS.

Section 3 of the Small Business Act (15 U.S.C. 632) is

amended—

(1) by striking ‘‘S

. 3.’’ and inserting the following:

‘‘SEC. 3. DEFINITIONS.’’;

and

(2) in subsection (a)—

(A) by striking the subsection enumerator and inserting

the following:

‘‘(a) S

MALL

USINESS

ONCERNS

.—’’;

(B) in paragraph (1), by striking ‘‘(1) For the purposes’’

and inserting the following:

‘‘(1) I

N GENERAL

.—For the purposes’’;

lishing’’ and inserting the following:

‘‘(3) V

ARIATION BY INDUSTRY AND CONSIDERATION OF OTHER

FACTORS

.—When establishing’’;

(D) by moving paragraph (5), including each subpara-

graph and clause therein, 2 ems to the right; and

(E) by adding at the end the following:

‘‘(6) P

ROPOSED RULEMAKING

.—In conducting rulemaking to

revise, modify or establish size standards pursuant to this

Public

information.

Deadline.

Procedures.

31 USC 501 note.

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126 STAT. 2084 PUBLIC LAW 112–239—JAN. 2, 2013

section, the Administrator shall consider, and address, and

make publicly available as part of the notice of proposed rule-

making and notice of final rule each of the following:

‘‘(A) a detailed description of the industry for which

the new size standard is proposed;

‘‘(B) an analysis of the competitive environment for

that industry;

‘‘(C) the approach the Administrator used to develop

the proposed standard including the source of all data

used to develop the proposed rule making; and

‘‘(D) the anticipated effect of the proposed rulemaking

on the industry, including the number of concerns not

currently considered small that would be considered small

under the proposed rule making and the number of con-

cerns currently considered small that would be deemed

other than small under the proposed rulemaking.

‘‘(7) C

OMMON SIZE STANDARDS

.—In carrying out this sub-

section, the Administrator may establish or approve a single

size standard for a grouping of 4-digit North American Industry

Classification System codes only if the Administrator makes

publicly available, not later than the date on which such size

standard is established or approved, a justification dem-

onstrating that such size standard is appropriate for each indi-

vidual industry classification included in the grouping.

‘‘(8) N

UMBER OF SIZE STANDARDS

.—The Administrator shall

not limit the number of size standards established pursuant

to paragraph (2), and shall assign the appropriate size standard

to each North American Industry Classification System Code.’’.

PART VI—CONTRACT BUNDLING

SEC. 1671. CONTRACT BUNDLING.

(a) C

ONSTRUCTION

ONTRACTS

.—Section 44 of the Small Busi-

ness Act (15 U.S.C. 657q) is amended in subsection (a)(2) by striking

‘‘or a multiple award contract to satisfy 2 or more requirements

of the Federal agency for goods or services that have been provided

to or performed for the Federal agency under 2 or more separate

contracts lower in cost than the total cost of the contract for which

the offers are solicited; and’’ and inserting the following: ‘‘or a

multiple award contract—

‘‘(A) to satisfy 2 or more requirements of the Federal

agency for goods or services that have been provided to

or performed for the Federal agency under 2 or more sepa-

rate contracts lower in cost than the total cost of the

contract for which the offers are solicited; or

‘‘(B) to satisfy requirements of the Federal agency for

construction projects to be performed at 2 or more discrete

sites; and’’.

(b) C

LARIFICATION OF

ERTAIN

EQUIREMENTS

.—Section 44 of

such Act is further amended in subsection (c)(1)(E), by striking

‘‘certifies to the head of the Federal agency’’ and inserting ‘‘ensures’’.

EPEAL OF

UPERSEDED

AW AND

ONFORMING

HANGE

.—

(1) C

ONSOLIDATION OF CONTRACT REQUIREMENTS

POLICY

AND RESTRICTIONS

.—Section 2382 of title 10, United States

Code is repealed. The table of sections for chapter 141 of

such title is amended by striking the item relating to section

2382.

10 USC 2381

prec.

Public

information.

Deadline.

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126 STAT. 2085 PUBLIC LAW 112–239—JAN. 2, 2013

(2) C

ONSOLIDATION OF CONTRACT REQUIREMENTS

;

DEPART

MENT OF DEFENSE

.—Section 44 of the Small Business Act, as

amended by subsections (a) and (b) of this section, is further

amended in subsection (c) by striking paragraph (4).

(d) C

OMPTROLLER

ENERAL

EVIEW

.—Not later than 270 days

after the date of the enactment of this subsection, the Comptroller

General of the United States shall review data and information

regarding consolidated contracts awarded by Federal agencies. The

review shall include an assessment of—

(1) the extent to which written determinations that the

consolidation of contract requirements was necessary and justi-

fied meet the requirements of applicable provisions of law and

regulation;

(2) the amount of savings and benefits realized pursuant

to such contracts, in comparison with—

(A) the performance of similar requirements under pre-

vious contracts; and

(B) the savings and benefits anticipated by the analysis

required prior to the contract award pursuant to applicable

provisions of law and regulation;

(3) the extent to which the consolidation of contract require-

ments was consistent with the contracting agency’s small busi-

ness subcontracting plans; and

(4) the adequacy of data collected pursuant to section 15

of the Small Business Act relating to contract bundling.

PART VII—INCREASED PENALTIES FOR FRAUD

SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE EFFORTS.

(a) S

MALL

USINESS

RAUD

.—Section 16(d) of the Small Busi-

ness Act (15 U.S.C. 645(d)) is amended by inserting after paragraph

(2) the following:

‘‘(3) L

IMITATION ON LIABILITY

.—This subsection shall not

apply to any conduct in violation of subsection (a) if the defend-

ant acted in good faith reliance on a written advisory opinion

from a Small Business Development Center (as defined in this

Act), or an entity participating in the Procurement Technical

Assistance Cooperative Agreement Program defined in chapter

142 of title 10, United States Code; however nothing in this

Act shall obligate either entity to provide such a letter nor

shall the provision of such a letter in any way render the

providing entity liable to the business concern should the

Administrator later determine that the concern is not a small

business concern. Upon issuance of an advisory opinion under

this paragraph, the entity issuing the advisory opinion shall

remit a copy of the opinion to the General Counsel of the

Administration, who may reject the advisory opinion. If the

General Counsel of the Administration rejects the advisory

opinion, the Administration shall notify the entity issuing the

advisory opinion and the recipient of the opinion, after which

time the business concern may not rely upon the opinion.’’.

(b) R

EGULATIONS

.—Not later than 270 days after the date of

enactment of this part, the Administrator of the Small Business

Administration shall issue rules defining what constitutes an ade-

quate advisory opinion for purposes of section 16(d)(3) of the Small

Business Act.

15 USC 645 note.

Notification.

Advisory opinion.

Records.

Deadlines.

Assessment.

Deadline.

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126 STAT. 2086 PUBLIC LAW 112–239—JAN. 2, 2013

MALL

USINESS

OMPLIANCE

UIDE

.—Not later than 270

days after the date of enactment of this part, the Administrator

of the Small Business Administration shall issue (pursuant to sec-

tion 212 of the Small Business Regulatory Enforcement Fairness

Act of 1996) a compliance guide to assist business concerns in

accurately determining their status as a small business concern.

SEC. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES BE SUS-

PENDED OR DEBARRED.

(a) I

ENERAL

.—Section 16(d)(2)(C) of the Small Business

Act (15 U.S.C. 645(d)(2)(C)) is amended by striking ‘‘on the basis

that such misrepresentation indicates a lack of business integrity

that seriously and directly affects the present responsibility to

perform any contract awarded by the Federal Government or a

subcontract under such a contract’’.

(b) D

EVELOPMENT AND

ROMULGATION OF

UIDANCE

.—Not later

than 270 days after the date of enactment of this part, the Adminis-

trator of the Small Business Administration shall develop and

promulgate guidance implementing this section.

UBLICATION OF

ROCEDURES

EGARDING

USPENSION AND

EBARMENT

.—Not later than 270 days after the date of enactment

of this part, the Administrator shall publish and maintain on the

Administration’s Web site the current standard operating proce-

dures of the Administration for suspension and debarment, and

the name and contact information for the individual designated

by the Administrator as the senior individual responsible for

suspension and debarment proceedings.

SEC. 1683. ANNUAL REPORT ON SUSPENSIONS AND DEBARMENTS PRO-

POSED BY SMALL BUSINESS ADMINISTRATION.

(a) R

EPORT

EQUIREMENT

.—The Administrator of the Small

Business Administration shall submit each year to the Committee

on Small Business and Entrepreneurship of the Senate, and the

Committee on Small Business of the House of Representatives

a report on the suspension and debarment actions taken by the

Administrator during the year preceding the year of submission

of the report.

(b) M

ATTERS

OVERED

.—The report required by subsection (a)

shall include the following information for the year covered by

the report:

(1) N

UMBER

.—The number of contractors proposed for

suspension or debarment.

(2) S

OURCE

.—The office within a Federal agency that origi-

nated each proposal for suspension or debarment.

(3) R

EASONS

.—The reason for each proposal for suspension

or debarment.

(4) R

ESULTS

.—The result of each proposal for suspension

or debarment, and the reason for such result.

(5) R

EFERRALS

.—The number of suspensions or debarments

referred to the Inspector General of the Small Business

Administration or another agency, or to the Attorney General

(for purposes of this paragraph, the Administrator may redact

identifying information on names of companies or other

information in order to protect the integrity of any ongoing

criminal or civil investigation).

15 USC 645a.

Web posting.

15 USC 645 note.

Deadlines.

15 USC 632 note.

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126 STAT. 2087 PUBLIC LAW 112–239—JAN. 2, 2013

PART VIII—OFFICES OF SMALL AND

DISADVANTAGED BUSINESS UNITS

SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILI-

ZATION.

(a) A

PPOINTMENT AND

OSITION OF

IRECTOR

.—Section 15(k)(2)

of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by

striking ‘‘such agency,’’ and inserting ‘‘such agency to a position

that is a Senior Executive Service position (as such term is defined

under section 3132(a) of title 5, United States Code), except that,

for any agency in which the positions of Chief Acquisition Officer

and senior procurement executive (as such terms are defined under

section 44(a) of this Act) are not Senior Executive Service positions,

the Director of Small and Disadvantaged Business Utilization may

be appointed to a position compensated at not less than the min-

imum rate of basic pay payable for grade GS–15 of the General

Schedule under section 5332 of such title (including comparability

payments under section 5304 of such title);’’.

(b) P

ERFORMANCE

PPRAISALS

.—Section 15(k)(3) of such Act

(15 U.S.C. 644(k)(3)) is amended—

(1) by striking ‘‘be responsible only to, and report directly

to, the head’’ and inserting ‘‘shall be responsible only to

(including with respect to performance appraisals), and report

directly and exclusively to, the head’’; and

(2) by striking ‘‘be responsible only to, and report directly

to, such Secretary’’ and inserting ‘‘be responsible only to

(including with respect to performance appraisals), and report

directly and exclusively to, such Secretary’’.

DDITIONAL

EQUIREMENTS

.—Section 15(k) of such Act (15

U.S.C. 644(k)) is amended by inserting after paragraph (10) the

following:

‘‘(11) shall review and advise such agency on any decision

to convert an activity performed by a small business concern

to an activity performed by a Federal employee;

‘‘(12) shall provide to the Chief Acquisition Officer and

senior procurement executive of such agency advice and com-

ments on acquisition strategies, market research, and justifica-

tions related to section 44 of this Act;

‘‘(13) may provide training to small business concerns and

contract specialists, except that such training may only be

provided to the extent that the training does not interfere

with the Director carrying out other responsibilities under this

subsection;

‘‘(14) shall receive unsolicited proposals and, when appro-

priate, forward such proposals to personnel of the activity

responsible for reviewing such proposals;

‘‘(15) shall carry out exclusively the duties enumerated

in this Act, and shall, while the Director, not hold any other

title, position, or responsibility, except as necessary to carry

out responsibilities under this subsection; and

‘‘(16) shall submit, each fiscal year, to the Committee on

Small Business of the House of Representatives and the Com-

mittee on Small Business and Entrepreneurship of the Senate

a report describing—

‘‘(A) the training provided by the Director under para-

graph (13) in the most recently completed fiscal year;

Reports.

Review.

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126 STAT. 2088 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(B) the percentage of the budget of the Director used

for such training in the most recently completed fiscal

year; and

‘‘(C) the percentage of the budget of the Director used

for travel in the most recently completed fiscal year.’’.

(d) R

EQUIREMENT OF

CQUISITION

XPERIENCE FOR

OSDBU

IRECTOR

.—Section 15(k) of the Small Business Act (15 U.S.C.

644(k)), as amended by this part, is further amended, in the matter

preceding paragraph (1), by striking ‘‘who shall’’ and inserting the

following: ‘‘, with experience serving in any combination of the

following roles: program manager, deputy program manager, or

assistant program manager for Federal acquisition program; chief

engineer, systems engineer, assistant engineer, or product support

manager for Federal acquisition program; Federal contracting

officer; small business technical advisor; contracts administrator

for Federal Government contracts; attorney specializing in Federal

procurement law; small business liaison officer; officer or employee

who managed Federal Government contracts for a small business;

or individual whose primary responsibilities were for the functions

and duties of section 8, 15 or 44 of this Act. Such officer or

employee’’.

(e) T

ECHNICAL

MENDMENTS

.—Section 15(k) of such Act (15

U.S.C. 644(k)), as amended, is further amended—

(1) in paragraph (1)—

(A) by striking ‘‘be known’’ and inserting ‘‘shall be

known’’; and

(B) by striking ‘‘such agency,’’ and inserting ‘‘such

agency;’’;

(2) in paragraph (2) by striking ‘‘be appointed by’’ and

inserting ‘‘shall be appointed by’’;

(3) in paragraph (3)—

(A) by striking ‘‘director’’ and inserting ‘‘Director’’; and

(B) by striking ‘‘Secretary’s designee,’’ and inserting

‘‘Secretary’s designee;’’;

(4) in paragraph (4)—

(A) by striking ‘‘be responsible’’ and inserting ‘‘shall

be responsible’’; and

(B) by striking ‘‘such agency,’’ and inserting ‘‘such

agency;’’;

(5) in paragraph (5) by striking ‘‘identify proposed’’ and

inserting ‘‘shall identify proposed’’;

(6) in paragraph (6) by striking ‘‘assist small’’ and inserting

‘‘shall assist small’’;

(7) in paragraph (7)—

(A) by striking ‘‘have supervisory’’ and inserting ‘‘shall

have supervisory’’; and

(B) by striking ‘‘this Act,’’ and inserting ‘‘this Act;’’;

(8) in paragraph (8)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘assign a’’ and inserting ‘‘shall assign a’’; and

(B) in subparagraph (A), by striking ‘‘the activity, and’’

and inserting ‘‘the activity; and’’;

(9) in paragraph (9)—

(A) by striking ‘‘cooperate, and’’ and inserting ‘‘shall

cooperate, and’’; and

(B) by striking ‘‘subsection, and’’ and inserting ‘‘sub-

section;’’; and

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126 STAT. 2089 PUBLIC LAW 112–239—JAN. 2, 2013

(10) in paragraph (10)—

(A) by striking ‘‘make recommendations’’ and inserting

‘‘shall make recommendations’’;

(B) by striking ‘‘subsection (a), or section’’ and inserting

‘‘subsection (a), section’’;

‘‘Act, or section 2323’’;

(D) by striking ‘‘Code. Such recommendations shall’’

and inserting ‘‘Code, which shall’’; and

(E) by striking ‘‘contract file.’’ and inserting ‘‘contract

file;’’.

SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.

(a) D

UTIES

.—Section 7104(b) of the Federal Acquisition Stream-

lining Act of 1994 (15 U.S.C. 644 note) is amended—

(1) in paragraph (1) by striking ‘‘and’’ at the end;

(2) in paragraph (2) by striking ‘‘authorities.’’ and inserting

‘‘authorities;’’; and

(3) by adding at the end the following:

‘‘(3) to conduct reviews of each Office of Small and Dis-

advantaged Business Utilization established under section 15(k)

of the Small Business Act (15 U.S.C. 644(k)) to determine

the compliance of each Office with requirements under such

section;

‘‘(4) to identify best practices for maximizing small business

utilization in Federal contracting that may be implemented

by Federal agencies having procurement powers; and

‘‘(5) to submit, annually, to the Committee on Small Busi-

ness of the House of Representatives and the Committee on

Small Business and Entrepreneurship of the Senate a report

describing—

‘‘(A) the comments submitted under paragraph (2)

during the 1-year period ending on the date on which

the report is submitted, including any outcomes related

to the comments;

‘‘(B) the results of reviews conducted under paragraph

(3) during such 1-year period; and

‘‘(C) best practices identified under paragraph (4)

during such 1-year period.’’.

(b) M

EMBERSHIP

.—Section 7104(c)(3) of such Act (15 U.S.C.

644 note) is amended by striking ‘‘(established under section 15(k)

of the Small Business Act (15 U.S.C. 644(k))’’.

HAIRMAN

.—Section 7104(d) of such Act (15 U.S.C. 644

note) is amended by inserting after ‘‘Small Business Administration’’

the following: ‘‘(or the designee of the Administrator)’’.

PART IX—OTHER MATTERS

SEC. 1695. SURETY BONDS.

(a) M

AXIMUM

OND

MOUNT

.—Section 411(a)(1) of the Small

Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is

amended—

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’;

(2) by striking ‘‘does not exceed’’ and all that follows

through the period at the end, and inserting ‘‘does not exceed

$6,500,000, as adjusted for inflation in accordance with section

1908 of title 41, United States Code.’’; and

Reports.

Time periods.

Reviews.

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126 STAT. 2090 PUBLIC LAW 112–239—JAN. 2, 2013

(3) by adding at the end the following:

‘‘(B) The Administrator may guarantee a surety under subpara-

graph (A) for a total work order or contract amount that does

not exceed $10,000,000, if a contracting officer of a Federal agency

certifies that such a guarantee is necessary.’’.

(b) D

ENIAL OF

IABILITY

.—Section 411 of the Small Business

Investment Act of 1958 (15 U.S.C. 694b) is amended—

(1) by striking subsection (e) and inserting the following:

‘‘(e) R

EIMBURSEMENT OF

URETY

; C

ONDITIONS

.—Pursuant to any

such guarantee or agreement, the Administration shall reimburse

the surety, as provided in subsection (c) of this section, except

that the Administration shall be relieved of liability (in whole

or in part within the discretion of the Administration) if—

‘‘(1) the surety obtained such guarantee or agreement, or

applied for such reimbursement, by fraud or material misrepre-

sentation,

‘‘(2) the total contract amount at the time of execution

of the bond or bonds exceeds $6,500,000,

‘‘(3) the surety has breached a material term or condition

of such guarantee agreement, or

‘‘(4) the surety has substantially violated the regulations

promulgated by the Administration pursuant to subsection (d).’’;

and

(2) by inserting after subsection (i) the following:

‘‘(j) For bonds made or executed with the prior approval of

the Administration, the Administration shall not deny liability to

a surety based upon material information that was provided as

part of the guarantee application.’’.

IZE

TANDARDS

.—Section 410 of the Small Business Invest-

ment Act of 1958 (15 U.S.C. 694a) is amended by inserting after

paragraph (8) the following:

‘‘(9) Notwithstanding any other provision of law or any rule,

regulation, or order of the Administration, for purpose of sections

410, 411, and 412 the term ‘small business concern’ means a busi-

ness concern that meets the size standard for the primary industry

in which such business concern, and the affiliates of such business

concern, is engaged, as determined by the Administrator in accord-

ance with the North American Industry Classification System.’’.

SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF REDUNDANT

PROVISIONS; REGULATIONS.

(a) T

ECHNICAL

MENDMENTS

.—Section 15 of the Small Business

Act (15 U.S.C. 644) is amended—

(1) in the heading of subsection (p), to read as follows:

‘‘A

CCESS TO

ATA

.—’’; and

(2) in the heading of subsection (q), to read as follows:

‘‘R

EPORTS

ELATED TO

ROCUREMENT

ENTER

EPRESENTA

TIVES

.—’’.

(b) C

ONFORMING

MENDMENTS

ERTAINING TO

IMITATIONS ON

UBCONTRACTING

.—

(1) H

UBZONES

.—Section 3(p)(5) of the Small Business Act

(15 U.S.C. 632(p)(5)) is amended—

(A) in subparagraph (A)(i) by striking subclause (III)

and inserting the following:

‘‘(III) with respect to any subcontract entered

into by the small business concern pursuant to

a contract awarded to the small business concern

Definition.

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126 STAT. 2091 PUBLIC LAW 112–239—JAN. 2, 2013

under section 31, the small business concern will

ensure that the requirements of section 46 are

satisfied; and’’;

(B) by striking subparagraphs (B) and (C); and

graph (B).

(2) E

NTITIES ELIGIBLE FOR CONTRACTS UNDER SECTION

8(a).—Section 8(a) of such Act (15 U.S.C. 637(a)) is amended

by striking paragraph (14) and inserting the following:

‘‘(14) L

IMITATIONS ON SUBCONTRACTING

.—A concern may

not be awarded a contract under this subsection as a small

business concern unless the concern agrees to satisfy the

requirements of section 46.’’.

(3) S

MALL BUSINESS CONCERNS

.—Section 15 of such Act

(15 U.S.C. 644) is amended by striking subsection (o) and

inserting the following:

‘‘(o) L

IMITATIONS ON

UBCONTRACTING

.—A concern may not be

awarded a contract under subsection (a) as a small business concern

unless the concern agrees to satisfy the requirements of section

46.’’.

EGULATIONS

.—Not later than 180 days after the date of

enactment of this part, the Administrator of the Small Business

Administration shall issue guidance with respect to the changes

made to the Small Business Act by the amendments in this subtitle,

with opportunities for notice and comment.

SEC. 1697. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED

AND CONTROLLED BY WOMEN.

(a) P

ROCUREMENT

ROGRAM FOR

OMEN

OWNED

MALL

USI

NESS

ONCERNS

.—Section 8(m)(2) of the Small Business Act (15

U.S.C. 637(m)(2)) is amended—

(1) by striking subparagraph (D); and

(2) by redesignating subparagraphs (E) and (F) as subpara-

graphs (D) and (E), respectively.

(b) S

TUDY AND

EPORT ON

EPRESENTATION OF

OMEN

.—Sec-

tion 29 of the Small Business Act (15 U.S.C. 656) is amended

by adding at the end the following:

‘‘(o) S

TUDY AND

EPORT ON

EPRESENTATION OF

OMEN

.—

‘‘(1) S

TUDY

.—The Administrator shall periodically conduct

a study to identify industries, as defined under the North

American Industry Classification System, underrepresented by

small business concerns owned and controlled by women.

‘‘(2) R

EPORT

.—Not later than 5 years after the date of

enactment of this subsection, and every 5 years thereafter,

the Administrator shall submit to the Committee on Small

Business and Entrepreneurship of the Senate and the Com-

mittee on Small Business of the House of Representatives a

report on the results of each study under paragraph (1) con-

ducted during the 5-year period ending on the date of the

report.’’.

SEC. 1698. SMALL BUSINESS HUBZONES.

(a) D

EFINITION

.—In this section, the term ‘‘covered base closure

area’’ means a base closure area that, on or before the date of

enactment of this Act, was treated as a HUBZone for purposes

of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to

section 152(a)(2) of the Small Business Reauthorization and Manu-

facturing Assistance Act of 2004 (15 U.S.C. 632 note).

15 USC 632 note.

Time period.

Deadline.

Guidance.

15 USC 632 note.

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126 STAT. 2092 PUBLIC LAW 112–239—JAN. 2, 2013

(b) T

REATMENT AS

HUBZ

ONE

.—

(1) I

N GENERAL

.—Subject to paragraph (2), a covered base

closure area shall be treated as a HUBZone for purposes of

the Small Business Act (15 U.S.C. 631 et seq.) during the

5-year period beginning on the date of enactment of this Act.

(2) L

IMITATION

.—The total period of time that a covered

base closure area is treated as a HUBZone for purposes of

the Small Business Act (15 U.S.C. 631 et seq.) pursuant to

this section and section 152(a)(2) of the Small Business

Reauthorization and Manufacturing Assistance Act of 2004 (15

U.S.C. 632 note) may not exceed 5 years.

SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORA-

TION.

(a) I

ENERAL

.—The Small Business Act (15 U.S.C. 631 et

seq.) is amended by striking section 33 (15 U.S.C. 657c).

(b) C

ORPORATION

.—On and after the date of enactment of this

Act, the National Veterans Business Development Corporation and

any successor thereto may not represent that the corporation is

federally chartered or in any other manner authorized by the Fed-

eral Government.

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) T

ITLE 10

.—Section 1142(b)(13) of title 10, United States

Code, is amended by striking ‘‘and the National Veterans Busi-

ness Development Corporation’’.

(2) T

ITLE 38

.—Section 3452(h) of title 38, United States

Code, is amended by striking ‘‘any of the’’ and all that follows

and inserting ‘‘any small business development center described

in section 21 of the Small Business Act (15 U.S.C. 648), insofar

as such center offers, sponsors, or cosponsors an entrepreneur-

ship course, as that term is defined in section 3675(c)(2).’’.

(3) V

ETERANS ENTREPRENEURSHIP AND SMALL BUSINESS

DEVELOPMENT ACT OF 1999

.—Section 203(c)(5) of the Veterans

Entrepreneurship and Small Business Development Act of 1999

(15 U.S.C. 657b note) is amended by striking ‘‘In cooperation

with the National Veterans Business Development Corporation,

develop’’ and inserting ‘‘Develop’’.

SEC. 1699a. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

Section 1207(a)(5) of the Small Business Jobs Act of 2010

(15 U.S.C. 649b note) is amended by inserting after ‘‘Guam,’’ the

following: ‘‘the Commonwealth of the Northern Mariana Islands,’’.

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.

SEC. 1701. DEFINITIONS.

In this title:

22 USC 7104a

note.

Effective date.

15 USC 657c

note.

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126 STAT. 2093 PUBLIC LAW 112–239—JAN. 2, 2013

(1) E

XECUTIVE AGENCY

.—The term ‘‘executive agency’’ has

the meaning given the term in section 133 of title 41, United

States Code.

(2) S

UBCONTRACTOR

.—The term ‘‘subcontractor’’ means a

recipient of a contract at any tier under a grant, contract,

or cooperative agreement.

(3) S

UBGRANTEE

.—The term ‘‘subgrantee’’ means a recipient

of a grant at any tier under a grant or cooperative agreement.

(4) U

NITED STATES

.—The term ‘‘United States’’ has the

meaning provided in section 103(12) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7102(12)).

SEC. 1702. CONTRACTING REQUIREMENTS.

Section 106(g) of the Trafficking Victims Protection Act of 2000

(22 U.S.C. 7104(g)) is amended by striking ‘‘without penalty’’ and

all that follows through the period at the end and inserting the

following: ‘‘or take any of the other remedial actions authorized

under section 1704(c) of the National Defense Authorization Act

for Fiscal Year 2013, without penalty, if the grantee or any sub-

grantee, or the contractor or any subcontractor, engages in, or

uses labor recruiters, brokers, or other agents who engage in—

‘‘(i) severe forms of trafficking in persons;

‘‘(ii) the procurement of a commercial sex act

during the period of time that the grant, contract,

or cooperative agreement is in effect;

‘‘(iii) the use of forced labor in the performance

of the grant, contract, or cooperative agreement; or

‘‘(iv) acts that directly support or advance traf-

ficking in persons, including the following acts:

‘‘(I) Destroying, concealing, removing, confis-

cating, or otherwise denying an employee access

to that employee’s identity or immigration docu-

ments.

‘‘(II) Failing to provide return transportation

or pay for return transportation costs to an

employee from a country outside the United States

to the country from which the employee was

recruited upon the end of employment if requested

by the employee, unless—

‘‘(aa) exempted from the requirement to

provide or pay for such return transportation

by the Federal department or agency providing

or entering into the grant, contract, or coopera-

tive agreement; or

‘‘(bb) the employee is a victim of human

trafficking seeking victim services or legal

redress in the country of employment or a

witness in a human trafficking enforcement

action.

‘‘(III) Soliciting a person for the purpose of

employment, or offering employment, by means

of materially false or fraudulent pretenses, rep-

resentations, or promises regarding that employ-

ment.

‘‘(IV) Charging recruited employees unreason-

able placement or recruitment fees, such as fees

equal to or greater than the employee’s monthly

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126 STAT. 2094 PUBLIC LAW 112–239—JAN. 2, 2013

salary, or recruitment fees that violate the laws

of the country from which an employee is recruited.

‘‘(V) Providing or arranging housing that fails

to meet the host country housing and safety stand-

ards.’’.

SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

(a) R

EQUIREMENT

.—The head of an executive agency may not

provide or enter into a grant, contract, or cooperative agreement

if the estimated value of the services required to be performed

under the grant, contract, or cooperative agreement outside the

United States exceeds $500,000, unless a duly designated represent-

ative of the recipient of such grant, contract, or cooperative agree-

ment certifies to the contracting or grant officer prior to receiving

an award and on an annual basis thereafter, after having conducted

due diligence, that—

(1) the recipient has implemented a plan to prevent the

activities described in section 106(g) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by

section 1702, and is in compliance with that plan;

(2) the recipient has implemented procedures to prevent

any activities described in such section 106(g) and to monitor,

detect, and terminate any subcontractor, subgrantee, or

employee of the recipient engaging in any activities described

in such section; and

(3) to the best of the representative’s knowledge, neither

the recipient, nor any subcontractor or subgrantee of the

recipient or any agent of the recipient or of such a subcontractor

or subgrantee, is engaged in any of the activities described

in such section.

(b) L

IMITATION

.—Any plan or procedures implemented pursuant

to subsection (a) shall be appropriate to the size and complexity

of the grant, contract, or cooperative agreement and to the nature

and scope of its activities, including the number of non-United

States citizens expected to be employed.

ISCLOSURE

.—The recipient shall provide a copy of the

plan to the contracting or grant officer upon request, and as appro-

priate, shall post the useful and relevant contents of the plan

or related materials on its website and at the workplace.

(d) G

UIDANCE

.—The President, in consultation with the Sec-

retary of State, the Attorney General, the Secretary of Defense,

the Secretary of Labor, the Secretary of Homeland Security, the

Administrator for the United States Agency for International

Development, and the heads of such other executive agencies as

the President deems appropriate, shall establish minimum require-

ments for contractor plans and procedures to be implemented pursu-

ant to this section.

SEC. 1704. MONITORING AND INVESTIGATION OF TRAFFICKING IN PER-

SONS.

(a) R

EFERRAL AND

NVESTIGATION

.—

(1) R

EFERRAL

.—If the contracting or grant officer of an

executive agency for a grant, contract, or cooperative agreement

receives credible information that a recipient of the grant,

contract, or cooperative agreement; any subgrantee or subcon-

tractor of the recipient; or any agent of the recipient or of

such a subgrantee or subcontractor, has engaged in an activity

described in section 106(g) of the Trafficking Victims Protection

22 USC 7104b.

President.

Consultation.

Procedures.

Records.

Web posting.

Procedures.

22 USC 7104a.

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126 STAT. 2095 PUBLIC LAW 112–239—JAN. 2, 2013

Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702,

including a report from a contracting officer representative,

an auditor, an alleged victim or victim’s representative, or

any other credible source, the contracting or grant officer shall

promptly refer the matter to the agency’s Office of Inspector

General for investigation. The contracting officer may also

direct the contractor to take specific steps to abate an alleged

violation or enforce the requirements of a compliance plan

implemented pursuant to section 1703.

(2) I

NVESTIGATION

.—An Inspector General who receives a

referral under paragraph (1) or otherwise receives credible

information that a recipient of the grant, contract, or coopera-

tive agreement; any subgrantee or subcontractor of the

recipient; or any agent of the recipient or of such a subgrantee

or subcontractor, has engaged in an activity described in section

106(g) of the Trafficking Victims Protection Act of 2000 (22

U.S.C. 7104(g)), as amended by section 1702, shall promptly

review the referral or information and determine whether to

initiate an investigation of the matter. In the event that an

Inspector General does not initiate an investigation, the

Inspector General shall document the rationale for the decision

not to investigate.

(3) C

RIMINAL INVESTIGATION

.—If the matter is referred to

the Department of Justice for criminal prosecution, the

Inspector General may suspend any investigation under this

subsection pending the outcome of the criminal prosecution.

The Inspector General shall notify the head of the executive

agency that awarded the contract, grant, or cooperative agree-

ment of an indictment, information, or criminal complaint

against the recipient of a contract, grant, or cooperative agree-

ment; any subgrantee or subcontractor of the recipient; or any

agent of the recipient or of a subgrantee or subcontractor.

If the criminal investigation results in a decision not to pros-

ecute, the Inspector General shall promptly determine whether

to resume any investigation that was suspended pursuant to

this paragraph. In the event that an Inspector General does

not resume an investigation, the Inspector General shall docu-

ment the rationale for the decision.

(b) R

EPORT

.—Upon completion of an investigation under sub-

section (a), the Inspector General shall submit a report on the

investigation to the head of the executive agency that awarded

the contract, grant, or cooperative agreement. The report shall

include the Inspector General’s conclusions regarding whether or

not any allegations that the recipient of a grant, contract, or

cooperative agreement; any subcontractor or subgrantee of the

recipient; or any agent of the recipient or of such a subcontractor

or subgrantee, engaged in any of the activities described in section

106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.

7104(g)), as amended by section 1702, are substantiated.

EMEDIAL

CTIONS

.—

(1) I

N GENERAL

.—Upon receipt of an Inspector General’s

report substantiating an allegation that the recipient of a con-

tract, grant, or cooperative agreement; any subgrantee or sub-

contractor of the recipient; or any agent of the recipient or

of a subgrantee or subcontractor, engaged in any of the activi-

ties described in section 106(g) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by

Documentation.

Determination.

Notification.

Review.

Determination.

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126 STAT. 2096 PUBLIC LAW 112–239—JAN. 2, 2013

section 1702, or notification of an indictment, information, or

criminal complaint for an offense under subsection (a)(3), the

head of agency shall consider taking one or more of the fol-

lowing remedial actions:

(A) Requiring the recipient to remove an employee

from the performance of work under the grant, contract,

or cooperative agreement.

(B) Requiring the recipient to terminate a subcontract

or subgrant.

or cooperative agreement until such time as the recipient

of the grant, contract, or cooperative agreement has taken

appropriate remedial action.

(D) Withholding award fees, consistent with the award

fee plan, for the performance period in which the agency

determined the contractor or subcontractor engaged in any

of the activities described in such section 106(g).

(E) Declining to exercise available options under the

contract.

(F) Terminating the contract for default or cause, in

accordance with the termination clause for the contract.

(G) Referring the matter to the agency suspension

and debarment official.

(2) S

AVINGS CLAUSE

.—Nothing in this subsection shall be

construed as limiting the scope of applicable remedies available

to the Federal Government.

(3) M

ITIGATING FACTOR

.—Where applicable, the head of

an executive agency may consider whether the contractor or

grantee had a plan in place under section 1703, and was

in compliance with that plan at the time of the violation,

as a mitigating factor in determining which remedies, if any,

should apply.

(4) A

GGRAVATING FACTOR

.—Where applicable, the head of

an executive agency may consider the failure of a contractor

or grantee to abate an alleged violation or enforce the require-

ments of a compliance plan when directed by a contracting

officer pursuant to subsection (a)(1) as an aggravating factor

in determining which remedies, if any, should apply.

(d) I

NCLUSION OF

EPORT

ONCLUSIONS IN

FAPIIS.—

(1) I

N GENERAL

.—The head of an executive agency shall

ensure that any substantiated allegation in the report under

subsection (b) is included in the Federal Awardee Performance

and Integrity Information System (FAPIIS) and that the con-

tractor has an opportunity to respond to any such report in

accordance with applicable statutes and regulations.

(2) A

MENDMENT TO TITLE 41

UNITED STATES CODE

.—Section

2313(c)(1)(E) of title 41, United States Code, is amended to

read as follows:

‘‘(E) In an administrative proceeding—

‘‘(i) a final determination of contractor fault by

the Secretary of Defense pursuant to section 823(d)

of the National Defense Authorization Act for Fiscal

Year 2010 (10 U.S.C. 2302 note; Public Law 111–84);

‘‘(ii) a substantiated allegation, pursuant to section

1704(b) of the National Defense Authorization Act for

Fiscal Year 2013, that the contractor, a subcontractor,

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126 STAT. 2097 PUBLIC LAW 112–239—JAN. 2, 2013

or an agent of the contractor or subcontractor engaged

in any of the activities described in section 106(g)

of the Trafficking Victims Protection Act of 2000 (22

U.S.C. 7104(g)).’’.

SEC. 1705. NOTIFICATION TO INSPECTORS GENERAL AND COOPERA-

TION WITH GOVERNMENT.

The head of an executive agency making or awarding a grant,

contract, or cooperative agreement shall require that the recipient

of the grant, contract, or cooperative agreement—

(1) immediately inform the Inspector General of the execu-

tive agency of any information it receives from any source

that alleges credible information that the recipient; any subcon-

tractor or subgrantee of the recipient; or any agent of the

recipient or of such a subcontractor or subgrantee, has engaged

in conduct described in section 106(g) of the Trafficking in

Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended

by section 1702 of this Act; and

(2) fully cooperate with any Federal agencies responsible

for audits, investigations, or corrective actions relating to traf-

ficking in persons.

SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOREIGN LABOR

CONTRACTING TO INCLUDE ATTEMPTED FRAUD AND

WORK OUTSIDE THE UNITED STATES.

(a) I

ENERAL

.—Section 1351 of title 18, United States Code,

is amended—

(1) by striking ‘‘Whoever knowingly and with the intent

to defraud recruits, solicits or hires a person outside the United

States’’ and inserting ‘‘(a) W

ORK

NSIDE THE

NITED

TATES

.—

Whoever knowingly and with intent to defraud recruits, solicits,

or hires a person outside the United States or causes another

person to recruit, solicit, or hire a person outside the United

States, or attempts to do so,’’; and

(2) by adding at the end the following new subsection:

‘‘(b) W

ORK

UTSIDE THE

NITED

TATES

.—Whoever knowingly

and with intent to defraud recruits, solicits, or hires a person

outside the United States or causes another person to recruit,

solicit, or hire a person outside the United States, or attempts

to do so, for purposes of employment performed on a United States

Government contract performed outside the United States, or on

a United States military installation or mission outside the United

States or other property or premises outside the United States

owned or controlled by the United States Government, by means

of materially false or fraudulent pretenses, representations, or

promises regarding that employment, shall be fined under this

title or imprisoned for not more than 5 years, or both.’’.

(b) S

PECIAL

ULE FOR

LIEN

ICTIMS

.—No alien may be

admitted to the United States pursuant to subparagraph (U) of

section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)) as a result of the alien being a victim of a crime

described in subsection (b) of section 1351 of title 18, United States

Code, as added by subsection (a).

8 USC 1101 note.

22 USC 7104c.

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126 STAT. 2098 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY

FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND

VIOLATIONS.

Section 105(d)(7)(H) of the Trafficking Victims Protection Act

of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended—

(1) in clause (ii), by striking ‘‘and’’ at the end;

(2) by redesignating clause (iii) as clause (iv);

(3) by inserting after clause (ii) the following new clause:

‘‘(iii) all known trafficking in persons cases

reported to the Under Secretary of Defense for Per-

sonnel and Readiness;’’;

(4) in clause (iv), as redesignated by paragraph (2), by

inserting ‘‘and’’ at the end after the semicolon; and

(5) by adding at the end the following new clause:

‘‘(v) all trafficking in persons activities of contrac-

tors reported to the Under Secretary of Defense for

Acquisition, Technology, and Logistics;’’.

SEC. 1708. RULES OF CONSTRUCTION; EFFECTIVE DATE.

(a) L

IABILITY

.—Excluding section 1706, nothing in this title

shall be construed to supersede, enlarge, or diminish the common

law or statutory liabilities of any grantee, subgrantee, contractor,

subcontractor, or other party covered by section 106(g) of the Traf-

ficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as

amended by section 1702.

(b) A

UTHORITY OF

EPARTMENT OF

USTICE

.—Nothing in this

title shall be construed as diminishing or otherwise modifying the

authority of the Attorney General to investigate activities covered

by this title.

MPLEMENTATION AND

FFECTIVE

ATES

.—

(1) C

ONTRACTING REQUIREMENTS

.—

(A) Not later than 270 days after the date of the

enactment of this Act, the Federal Acquisition Regulation

shall be amended to carry out the requirements of sections

1702, 1703, and 1704(c), and the second sentence of section

1704(a)(1), of this title.

(B) The requirements of sections 1702, 1703, and

1704(c), and the second sentence of section 1704(a)(1), of

this title, shall apply to grants, contracts, and cooperative

agreements entered into on or after the date that is 270

days after the date of the enactment of this Act, and

to task and delivery orders awarded on or after such date

pursuant to contracts entered before, on, or after such

date.

(2) I

NVESTIGATIVE AND PROCEDURAL REQUIREMENTS

.—Fed-

eral agencies shall implement the requirements of sections

1704, 1705, and 1707 (other than subsection (c) of section

1704) not later than 90 days after the date of the enactment

of this Act.

(3) C

RIMINAL LAW CHANGES

.—The amendments made by

section 1706 shall take effect upon the date of enactment and

shall apply to conduct taking place on or after such date.

Deadlines.

Applicability.

22 USC 7104d.

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126 STAT. 2099 PUBLIC LAW 112–239—JAN. 2, 2013

TITLE XVIII—FEDERAL ASSISTANCE TO

FIRE DEPARTMENTS

Subtitle A—Fire Grants Reauthorization

Sec. 1801. Short title.

Sec. 1802. Amendments to definitions.

Sec. 1803. Assistance to firefighters grants.

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

Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and

Staffing for Adequate Fire and Emergency Response programs.

Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for

Adequate Fire and Emergency Response programs.

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

Subtitle B—Reauthorization of United States Fire Administration

Sec. 1811. Short title.

Sec. 1812. Clarification of relationship between United States Fire Administration

and Federal Emergency Management Agency.

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

and fire prevention.

Sec. 1814. Authorization of appropriations.

Sec. 1815. Removal of limitation.

Subtitle A—Fire Grants Reauthorization

SEC. 1801. SHORT TITLE.

This subtitle may be cited as the ‘‘Fire Grants Reauthorization

Act of 2012’’.

SEC. 1802. AMENDMENTS TO DEFINITIONS.

(a) I

ENERAL

.—Section 4 of the Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2203) is amended—

(1) in paragraph (3), by inserting ‘‘, except as otherwise

provided,’’ after ‘‘means’’;

(2) in paragraph (4), by striking ‘‘ ‘Director’ means’’ and

all that follows through ‘‘Agency;’’ and inserting ‘‘ ‘Administrator

of FEMA’ means the Administrator of the Federal Emergency

Management Agency;’’;

(3) in paragraph (5)—

(A) by inserting ‘‘Indian tribe,’’ after ‘‘county,’’; and

(B) by striking ‘‘and ‘firecontrol’ ’’ and inserting ‘‘and

‘fire control’ ’’;

(4) by redesignating paragraphs (6) through (9) as para-

graphs (7) through (10), respectively;

(5) by inserting after paragraph (5), the following:

‘‘(6) ‘Indian tribe’ has the meaning given that term in

section 4 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450b) and ‘tribal’ means of or per-

taining to an Indian tribe;’’;

(6) by redesignating paragraphs (9) and (10), as redesig-

nated by paragraph (4), as paragraphs (10) and (11);

(7) by inserting after paragraph (8), as redesignated by

paragraph (4), the following:

‘‘(9) ‘Secretary’ means, except as otherwise provided, the

Secretary of Homeland Security;’’; and

(8) by amending paragraph (10), as redesignated by para-

graph (6), to read as follows:

‘‘(10) ‘State’ has the meaning given the term in section

2 of the Homeland Security Act of 2002 (6 U.S.C. 101).’’.

Fire Grants

Reauthorization

Act of 2012.

15 USC 2201

note.

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126 STAT. 2100 PUBLIC LAW 112–239—JAN. 2, 2013

(b) C

ONFORMING

MENDMENTS

.—

(1) A

DMINISTRATOR OF FEMA

.—The Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended

by striking ‘‘Director’’ each place it appears and inserting

‘‘Administrator of FEMA’’.

(2) A

DMINISTRATOR OF FEMA

’

S AWARD

.—Section 15 of such

Act (15 U.S.C. 2214) is amended by striking ‘‘Director’s Award’’

each place it appears and inserting ‘‘Administrator’s Award’’.

SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.

Section 33 of the Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2229) is amended to read as follows:

‘‘SEC. 33. FIREFIGHTER ASSISTANCE.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) A

DMINISTRATOR OF FEMA

.—The term ‘Administrator

of FEMA’ means the Administrator of FEMA, acting through

the Administrator.

‘‘(2) A

VAILABLE GRANT FUNDS

.—The term ‘available grant

funds’, with respect to a fiscal year, means those funds appro-

priated pursuant to the authorization of appropriations in sub-

section (q)(1) for such fiscal year less any funds used for

administrative costs pursuant to subsection (q)(2) in such fiscal

year.

‘‘(3) C

AREER FIRE DEPARTMENT

.—The term ‘career fire

department’ means a fire department that has an all-paid force

of firefighting personnel other than paid-on-call firefighters.

‘‘(4) C

OMBINATION FIRE DEPARTMENT

.—The term ‘combina-

tion fire department’ means a fire department that has—

‘‘(A) paid firefighting personnel; and

‘‘(B) volunteer firefighting personnel.

‘‘(5) F

IREFIGHTING PERSONNEL

.—The term ‘firefighting per-

sonnel’ means individuals, including volunteers, who are fire-

fighters, officers of fire departments, or emergency medical

service personnel of fire departments.

‘‘(6) I

NSTITUTION OF HIGHER EDUCATION

.—The term ‘institu-

tion of higher education’ has the meaning given such term

in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001).

‘‘(7) N

ONAFFILIATED EMS ORGANIZATION

.—The term ‘non-

affiliated EMS organization’ means a public or private nonprofit

emergency medical services organization that is not affiliated

with a hospital and does not serve a geographic area in which

the Administrator of FEMA finds that emergency medical serv-

ices are adequately provided by a fire department.

‘‘(8) P

AID

CALL

.—The term ‘paid-on-call’ with respect

to firefighting personnel means firefighting personnel who are

paid a stipend for each event to which they respond.

‘‘(9) V

OLUNTEER FIRE DEPARTMENT

.—The term ‘volunteer

fire department’ means a fire department that has an all-

volunteer force of firefighting personnel.

‘‘(b) A

SSISTANCE

ROGRAM

.—

‘‘(1) A

UTHORITY

.—In accordance with this section, the

Administrator of FEMA may award—

‘‘(A) assistance to firefighters grants under subsection

(c); and

‘‘(B) fire prevention and safety grants and other assist-

ance under subsection (d).

15 USC 2204,

2206, 2210, 2214,

2215, 2217, 2218,

2224, 2226;

42 USC 290a.

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126 STAT. 2101 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) A

DMINISTRATIVE ASSISTANCE

.—The Administrator of

FEMA shall—

‘‘(A) establish specific criteria for the selection of grant

recipients under this section; and

‘‘(B) provide assistance with application preparation

to applicants for such grants.

‘‘(c) A

SSISTANCE TO

IREFIGHTERS

RANTS

.—

‘‘(1) I

N GENERAL

.—The Administrator of FEMA may, in

consultation with the chief executives of the States in which

the recipients are located, award grants on a competitive basis

directly to—

‘‘(A) fire departments, for the purpose of protecting

the health and safety of the public and firefighting per-

sonnel throughout the United States against fire, fire-

related, and other hazards;

‘‘(B) nonaffiliated EMS organizations to support the

provision of emergency medical services; and

‘‘(C) State fire training academies for the purposes

described in subparagraphs (G), (H), and (I) of paragraph

(3).

‘‘(2) M

AXIMUM GRANT AMOUNTS

.—

‘‘(A) P

OPULATION

.—The Administrator of FEMA may

not award a grant under this subsection in excess of

amounts as follows:

‘‘(i) In the case of a recipient that serves a jurisdic-

tion with 100,000 people or fewer, the amount of the

grant awarded to such recipient shall not exceed

$1,000,000 in any fiscal year.

‘‘(ii) In the case of a recipient that serves a jurisdic-

tion with more than 100,000 people but not more than

500,000 people, the amount of the grant awarded to

such recipient shall not exceed $2,000,000 in any fiscal

year.

‘‘(iii) In the case of a recipient that serves a juris-

diction with more than 500,000 but not more than

1,000,000 people, the amount of the grant awarded

to such recipient shall not exceed $3,000,000 in any

fiscal year.

‘‘(iv) In the case of a recipient that serves a juris-

diction with more than 1,000,000 people but not more

than 2,500,000 people, the amount of the grant

awarded to such recipient shall not exceed $6,000,000

for any fiscal year.

‘‘(v) In the case of a recipient that serves a jurisdic-

tion with more than 2,500,000 people, the amount of

the grant awarded to such recipient shall not exceed

$9,000,000 in any fiscal year.

‘‘(B) A

GGREGATE

.—

‘‘(i) I

N GENERAL

.—Notwithstanding subparagraphs

(A) and (B) and except as provided under clause (ii),

the Administrator of FEMA may not award a grant

under this subsection in a fiscal year in an amount

that exceeds the amount that is one percent of the

available grant funds in such fiscal year.

‘‘(ii) E

XCEPTION

.—The Administrator of FEMA may

waive the limitation in clause (i) with respect to a

Waiver authority.

Determination.

Criteria.

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126 STAT. 2102 PUBLIC LAW 112–239—JAN. 2, 2013

grant recipient if the Administrator of FEMA deter-

mines that such recipient has an extraordinary need

for a grant in an amount that exceeds the limit under

clause (i).

‘‘(3) U

SE OF GRANT FUNDS

.—Each entity receiving a grant

under this subsection shall use the grant for one or more

of the following purposes:

‘‘(A) To train firefighting personnel in—

‘‘(i) firefighting;

‘‘(ii) emergency medical services and other emer-

gency response (including response to natural disas-

ters, acts of terrorism, and other man-made disasters);

‘‘(iii) arson prevention and detection;

‘‘(iv) maritime firefighting; or

‘‘(v) the handling of hazardous materials.

‘‘(B) To train firefighting personnel to provide any of

the training described under subparagraph (A).

‘‘(C) To fund the creation of rapid intervention teams

to protect firefighting personnel at the scenes of fires and

other emergencies.

‘‘(D) To certify—

‘‘(i) fire inspectors; and

‘‘(ii) building inspectors—

‘‘(I) whose responsibilities include fire safety

inspections; and

‘‘(II) who are employed by or serving as volun-

teers with a fire department.

‘‘(E) To establish wellness and fitness programs for

firefighting personnel to ensure that the firefighting per-

sonnel are able to carry out their duties as firefighters,

including programs dedicated to raising awareness of, and

prevention of, job-related mental health issues.

‘‘(F) To fund emergency medical services provided by

fire departments and nonaffiliated EMS organizations.

‘‘(G) To acquire additional firefighting vehicles,

including fire trucks and other apparatus.

‘‘(H) To acquire additional firefighting equipment,

including equipment for—

‘‘(i) fighting fires with foam in remote areas with-

out access to water; and

‘‘(ii) communications, monitoring, and response to

a natural disaster, act of terrorism, or other man-

made disaster, including the use of a weapon of mass

destruction.

‘‘(I) To acquire personal protective equipment,

including personal protective equipment—

‘‘(i) prescribed for firefighting personnel by the

Occupational Safety and Health Administration of the

Department of Labor; or

‘‘(ii) for responding to a natural disaster or act

of terrorism or other man-made disaster, including the

use of a weapon of mass destruction.

‘‘(J) To modify fire stations, fire training facilities, and

other facilities to protect the health and safety of fire-

fighting personnel.

‘‘(K) To educate the public about arson prevention and

detection.

Certification.

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126 STAT. 2103 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(L) To provide incentives for the recruitment and

retention of volunteer firefighting personnel for volunteer

firefighting departments and other firefighting depart-

ments that utilize volunteers.

‘‘(M) To support such other activities, consistent with

the purposes of this subsection, as the Administrator of

FEMA determines appropriate.

‘‘(d) F

IRE

REVENTION AND

AFETY

RANTS

.—

‘‘(1) I

N GENERAL

.—For the purpose of assisting fire preven-

tion programs and supporting firefighter health and safety

research and development, the Administrator of FEMA may,

on a competitive basis—

‘‘(A) award grants to fire departments;

‘‘(B) award grants to, or enter into contracts or coopera-

tive agreements with, national, State, local, tribal, or non-

profit organizations that are not fire departments and that

are recognized for their experience and expertise with

respect to fire prevention or fire safety programs and activi-

ties and firefighter research and development programs,

for the purpose of carrying out—

‘‘(i) fire prevention programs; and

‘‘(ii) research to improve firefighter health and life

safety; and

‘‘(C) award grants to institutions of higher education,

national fire service organizations, or national fire safety

organizations to establish and operate fire safety research

centers.

‘‘(2) M

AXIMUM GRANT AMOUNT

.—A grant awarded under

this subsection may not exceed $1,500,000 for a fiscal year.

‘‘(3) U

SE OF GRANT FUNDS

.—Each entity receiving a grant

under this subsection shall use the grant for one or more

of the following purposes:

‘‘(A) To enforce fire codes and promote compliance with

fire safety standards.

‘‘(B) To fund fire prevention programs, including pro-

grams that educate the public about arson prevention and

detection.

‘‘(C) To fund wildland fire prevention programs,

including education, awareness, and mitigation programs

that protect lives, property, and natural resources from

fire in the wildland-urban interface.

‘‘(D) In the case of a grant awarded under paragraph

(1)(C), to fund the establishment or operation of a fire

safety research center for the purpose of significantly

reducing the number of fire-related deaths and injuries

among firefighters and the general public through research,

development, and technology transfer activities.

‘‘(E) To support such other activities, consistent with

the purposes of this subsection, as the Administrator of

FEMA determines appropriate.

‘‘(4) L

IMITATION

.—None of the funds made available under

this subsection may be provided to the Association of Commu-

nity Organizations for Reform Now (ACORN) or any of its

affiliates, subsidiaries, or allied organizations.

‘‘(e) A

PPLICATIONS FOR

RANTS

.—

ACORN.

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126 STAT. 2104 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(1) I

N GENERAL

.—An entity seeking a grant under this

section shall submit to the Administrator of FEMA an applica-

tion therefor in such form and in such manner as the Adminis-

trator of FEMA determines appropriate.

‘‘(2) E

LEMENTS

.—Each application submitted under para-

graph (1) shall include the following:

‘‘(A) A description of the financial need of the applicant

for the grant.

‘‘(B) An analysis of the costs and benefits, with respect

to public safety, of the use for which a grant is requested.

‘‘(C) An agreement to provide information to the

national fire incident reporting system for the period cov-

ered by the grant.

‘‘(D) A list of other sources of funding received by

the applicant—

‘‘(i) for the same purpose for which the application

for a grant under this section was submitted; or

‘‘(ii) from the Federal Government for other fire-

related purposes.

‘‘(E) Such other information as the Administrator of

FEMA determines appropriate.

‘‘(3) J

OINT OR REGIONAL APPLICATIONS

.—

‘‘(A) I

N GENERAL

.—Two or more entities may submit

an application under paragraph (1) for a grant under this

section to fund a joint program or initiative, including

acquisition of shared equipment or vehicles.

‘‘(B) N

ONEXCLUSIVITY

.—Applications under this para-

graph may be submitted instead of or in addition to any

other application submitted under paragraph (1).

‘‘(C) G

UIDANCE

.—The Administrator of FEMA shall—

‘‘(i) publish guidance on applying for and admin-

istering grants awarded for joint programs and initia-

tives described in subparagraph (A); and

‘‘(ii) encourage applicants to apply for grants for

joint programs and initiatives described in subpara-

graph (A) as the Administrator of FEMA determines

appropriate to achieve greater cost effectiveness and

regional efficiency.

‘‘(f) P

EER

EVIEW OF

RANT

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—The Administrator of FEMA shall, after

consultation with national fire service and emergency medical

services organizations, appoint fire service personnel to conduct

peer reviews of applications received under subsection (e)(1).

‘‘(2) A

PPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT

.—

The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to activities carried out pursuant to this subsection.

‘‘(g) P

RIORITIZATION OF

RANT

WARDS

.—In awarding grants

under this section, the Administrator of FEMA shall consider the

following:

‘‘(1) The findings and recommendations of the peer reviews

carried out under subsection (f).

‘‘(2) The degree to which an award will reduce deaths,

injuries, and property damage by reducing the risks associated

with fire-related and other hazards.

‘‘(3) The extent of the need of an applicant for a grant

under this section and the need to protect the United States

as a whole.

Consultation.

Publication.

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126 STAT. 2105 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(4) The number of calls requesting or requiring a fire

fighting or emergency medical response received by an

applicant.

‘‘(h) A

LLOCATION OF

RANT

WARDS

.—In awarding grants under

this section, the Administrator of FEMA shall ensure that of the

available grant funds in each fiscal year—

‘‘(1) not less than 25 percent are awarded under subsection

‘‘(2) not less than 25 percent are awarded under subsection

‘‘(3) not less than 25 percent are awarded under subsection

paid-on-call firefighting personnel;

‘‘(4) not less than 10 percent are available for open competi-

tion among career fire departments, volunteer fire departments,

combination fire departments, and fire departments using paid-

on-call firefighting personnel for grants awarded under sub-

section (c);

‘‘(5) not less than 10 percent are awarded under subsection

(d); and

‘‘(6) not more than 2 percent are awarded under this section

to nonaffiliated EMS organizations described in subsection

(c)(1)(B).

‘‘(i) A

DDITIONAL

EQUIREMENTS AND

IMITATIONS

.—

‘‘(1) F

UNDING FOR EMERGENCY MEDICAL SERVICES

.—Not less

than 3.5 percent of the available grant funds for a fiscal year

shall be awarded under this section for purposes described

in subsection (c)(3)(F).

‘‘(2) S

TATE FIRE TRAINING ACADEMIES

.—

‘‘(A) M

AXIMUM SHARE

.—Not more than 3 percent of

the available grant funds for a fiscal year may be awarded

under subsection (c)(1)(C).

‘‘(B) M

AXIMUM GRANT AMOUNT

.—The Administrator of

FEMA may not award a grant under subsection (c)(1)(C)

to a State fire training academy in an amount that exceeds

$1,000,000 in any fiscal year.

‘‘(3) A

MOUNTS FOR PURCHASING FIREFIGHTING VEHICLES

.—

Not more than 25 percent of the available grant funds for

a fiscal year may be used to assist grant recipients to purchase

vehicles pursuant to subsection (c)(3)(G).

‘‘(j) F

URTHER

ONSIDERATIONS

.—

‘‘(1) A

SSISTANCE TO FIREFIGHTERS GRANTS TO FIRE DEPART

MENTS

.—In considering applications for grants under subsection

(c)(1)(A), the Administrator of FEMA shall consider—

‘‘(A) the extent to which the grant would enhance the

daily operations of the applicant and the impact of such

a grant on the protection of lives and property; and

‘‘(B) a broad range of factors important to the

applicant’s ability to respond to fires and related hazards,

such as the following:

‘‘(i) Population served.

‘‘(ii) Geographic response area.

‘‘(iii) Hazards vulnerability.

‘‘(iv) Call volume.

‘‘(v) Financial situation, including unemployment

rate of the area being served.

‘‘(vi) Need for training or equipment.

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126 STAT. 2106 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) A

PPLICATIONS FROM NONAFFILIATED EMS ORGANIZA

TIONS

.—In the case of an application submitted under sub-

section (e)(1) by a nonaffiliated EMS organization, the Adminis-

trator of FEMA shall consider the extent to which other sources

of Federal funding are available to the applicant to provide

the assistance requested in such application.

‘‘(3) A

WARDING FIRE PREVENTION AND SAFETY GRANTS TO

CERTAIN ORGANIZATIONS THAT ARE NOT FIRE DEPARTMENTS

.—

In the case of applicants for grants under this section who

are described in subsection (d)(1)(B), the Administrator of

FEMA shall give priority to applicants who focus on—

‘‘(A) prevention of injuries to high risk groups from

fire; and

‘‘(B) research programs that demonstrate a potential

to improve firefighter safety.

‘‘(4) A

WARDING GRANTS FOR FIRE SAFETY RESEARCH CEN

TERS

.—

‘‘(A) C

ONSIDERATIONS

.—In awarding grants under sub-

section (d)(1)(C), the Administrator of FEMA shall—

‘‘(i) select each grant recipient on—

‘‘(I) the demonstrated research and extension

resources available to the recipient to carry out

the research, development, and technology transfer

activities;

‘‘(II) the capability of the recipient to provide

leadership in making national contributions to fire

safety;

‘‘(III) the recipient’s ability to disseminate the

results of fire safety research; and

‘‘(IV) the strategic plan the recipient proposes

to carry out under the grant;

‘‘(ii) give special consideration in selecting recipi-

ents under subparagraph (A) to an applicant for a

grant that consists of a partnership between—

‘‘(I) a national fire service organization or a

national fire safety organization; and

‘‘(II) an institution of higher education,

including a minority-serving institution (as

described in section 371(a) of the Higher Education

Act of 1965 (20 U.S.C. 1067q(a))); and

‘‘(iii) consider the research needs identified and

prioritized through the workshop required by subpara-

graph (B)(i).

‘‘(B) R

ESEARCH NEEDS

.—

‘‘(i) I

N GENERAL

.—Not later than 90 days after

the date of the enactment of the Fire Grants Reauthor-

ization Act of 2012, the Administrator of FEMA shall

convene a workshop of the fire safety research commu-

nity, fire service organizations, and other appropriate

stakeholders to identify and prioritize fire safety

research needs.

‘‘(ii) P

UBLICATION

.—The Administrator of FEMA

shall ensure that the results of the workshop are made

available to the public.

‘‘(C) L

IMITATIONS ON GRANTS FOR FIRE SAFETY

RESEARCH CENTERS

.—

Public

information.

Deadline.

Workshop.

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126 STAT. 2107 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(i) I

N GENERAL

.—The Administrator of FEMA may

award grants under subsection (d) to establish not

more than 3 fire safety research centers.

‘‘(ii) R

ECIPIENTS

.—An institution of higher edu-

cation, a national fire service organization, and a

national fire safety organization may not directly

receive a grant under subsection (d) for a fiscal year

for more than 1 fire safety research center.

‘‘(5) A

VOIDING DUPLICATION

.—The Administrator of FEMA

shall review lists submitted by applicants pursuant to sub-

section (e)(2)(D) and take such actions as the Administrator

of FEMA considers necessary to prevent unnecessary duplica-

tion of grant awards.

‘‘(k) M

ATCHING AND

AINTENANCE OF

XPENDITURE

EQUIRE

MENTS

.—

‘‘(1) M

ATCHING REQUIREMENT FOR ASSISTANCE TO FIRE

FIGHTERS GRANTS

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), an applicant seeking a grant to carry out an activity

under subsection (c) shall agree to make available non-

Federal funds to carry out such activity in an amount

equal to not less than 15 percent of the grant awarded

to such applicant under such subsection.

‘‘(B) E

XCEPTION FOR ENTITIES SERVING SMALL COMMU

NITIES

.—In the case that an applicant seeking a grant

to carry out an activity under subsection (c) serves a juris-

diction of—

‘‘(i) more than 20,000 residents but not more than

1,000,000 residents, the application shall agree to make

available non-Federal funds in an amount equal to

not less than 10 percent of the grant awarded to such

applicant under such subsection; and

‘‘(ii) 20,000 residents or fewer, the applicant shall

agree to make available non-Federal funds in an

amount equal to not less than 5 percent of the grant

awarded to such applicant under such subsection.

‘‘(2) M

ATCHING REQUIREMENT FOR FIRE PREVENTION AND

SAFETY GRANTS

.—

‘‘(A) I

N GENERAL

.—An applicant seeking a grant to

carry out an activity under subsection (d) shall agree to

make available non-Federal funds to carry out such activity

in an amount equal to not less than 5 percent of the

grant awarded to such applicant under such subsection.

‘‘(B) M

EANS OF MATCHING

.—An applicant for a grant

under subsection (d) may meet the matching requirement

under subparagraph (A) through direct funding, funding

of complementary activities, or the provision of staff, facili-

ties, services, material, or equipment.

‘‘(3) M

AINTENANCE OF EXPENDITURES

.—An applicant

seeking a grant under subsection (c) or (d) shall agree to main-

tain during the term of the grant the applicant’s aggregate

expenditures relating to the uses described in subsections (c)(3)

and (d)(3) at not less than 80 percent of the average amount

of such expenditures in the 2 fiscal years preceding the fiscal

year in which the grant amounts are received.

‘‘(4) W

AIVER

.—

Contracts.

Review.

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126 STAT. 2108 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(C)(ii), the Administrator of FEMA may waive or reduce

the requirements of paragraphs (1), (2), and (3) in cases

of demonstrated economic hardship.

‘‘(B) G

UIDELINES

.—

‘‘(i) I

N GENERAL

.—The Administrator of FEMA

shall establish and publish guidelines for determining

what constitutes economic hardship for purposes of

this paragraph.

‘‘(ii) C

ONSULTATION

.—In developing guidelines

under clause (i), the Administrator of FEMA shall con-

sult with individuals who are—

‘‘(I) recognized for expertise in firefighting,

emergency medical services provided by fire serv-

ices, or the economic affairs of State and local

governments; and

‘‘(II) members of national fire service organiza-

tions or national organizations representing the

interests of State and local governments.

‘‘(iii) C

ONSIDERATIONS

.—In developing guidelines

under clause (i), the Administrator of FEMA shall con-

sider, with respect to relevant communities, the fol-

lowing:

‘‘(I) Changes in rates of unemployment from

previous years.

‘‘(II) Whether the rates of unemployment of

the relevant communities are currently and have

consistently exceeded the annual national average

rates of unemployment.

‘‘(III) Changes in percentages of individuals

eligible to receive food stamps from previous years.

‘‘(IV) Such other factors as the Administrator

of FEMA considers appropriate.

‘‘(C) C

ERTAIN APPLICANTS FOR FIRE PREVENTION AND

SAFETY GRANTS

.—The authority under subparagraph (A)

shall not apply with respect to a nonprofit organization

that—

‘‘(i) is described in subsection (d)(1)(B); and

‘‘(ii) is not a fire department or emergency medical

services organization.

‘‘(l) G

RANT

UIDELINES

.—

‘‘(1) G

UIDELINES

.—For each fiscal year, prior to awarding

any grants under this section, the Administrator of FEMA

shall publish in the Federal Register—

‘‘(A) guidelines that describe—

‘‘(i) the process for applying for grants under this

section; and

‘‘(ii) the criteria that will be used for selecting

grant recipients; and

‘‘(B) an explanation of any differences between such

guidelines and the recommendations obtained under para-

graph (2).

‘‘(2) A

NNUAL MEETING TO OBTAIN RECOMMENDATIONS

.—

‘‘(A) I

N GENERAL

.—For each fiscal year, the Adminis-

trator of FEMA shall convene a meeting of qualified mem-

bers of national fire service organizations and, at the discre-

tion of the Administrator of FEMA, qualified members

Federal Register,

publication.

Publication.

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126 STAT. 2109 PUBLIC LAW 112–239—JAN. 2, 2013

of emergency medical service organizations to obtain rec-

ommendations regarding the following:

‘‘(i) Criteria for the awarding of grants under this

section.

‘‘(ii) Administrative changes to the assistance pro-

gram established under subsection (b).

‘‘(B) Q

UALIFIED MEMBERS

.—For purposes of this para-

graph, a qualified member of an organization is a member

who—

‘‘(i) is recognized for expertise in firefighting or

emergency medical services;

‘‘(ii) is not an employee of the Federal Government;

and

‘‘(iii) in the case of a member of an emergency

medical service organization, is a member of an

organization that represents—

‘‘(I) providers of emergency medical services

that are affiliated with fire departments; or

‘‘(II) nonaffiliated EMS providers.

‘‘(3) A

PPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT

.—

The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to activities carried out under this subsection.

‘‘(m) A

CCOUNTING

ETERMINATION

.—Notwithstanding any other

provision of law, for purposes of this section, equipment costs shall

include all costs attributable to any design, purchase of components,

assembly, manufacture, and transportation of equipment not other-

wise commercially available.

‘‘(n) E

LIGIBLE

RANTEE ON

EHALF OF

LASKA

ATIVE

LAGES

.—The Alaska Village Initiatives, a non-profit organization

incorporated in the State of Alaska, shall be eligible to apply for

and receive a grant or other assistance under this section on behalf

of Alaska Native villages.

‘‘(o) T

RAINING

TANDARDS

.—If an applicant for a grant under

this section is applying for such grant to purchase training that

does not meet or exceed any applicable national voluntary consensus

standards, including those developed under section 647 of the Post-

Katrina Emergency Management Reform Act of 2006 (6 U.S.C.

747), the applicant shall submit to the Administrator of FEMA

an explanation of the reasons that the training proposed to be

purchased will serve the needs of the applicant better than training

that meets or exceeds such standards.

‘‘(p) E

NSURING

FFECTIVE

SE OF

RANTS

.—

‘‘(1) A

UDITS

.—The Administrator of FEMA may audit a

recipient of a grant awarded under this section to ensure that—

‘‘(A) the grant amounts are expended for the intended

purposes; and

‘‘(B) the grant recipient complies with the requirements

of subsection (k).

‘‘(2) P

ERFORMANCE ASSESSMENT

.—

‘‘(A) I

N GENERAL

.—The Administrator of FEMA shall

develop and implement a performance assessment system,

including quantifiable performance metrics, to evaluate the

extent to which grants awarded under this section are

furthering the purposes of this section, including protecting

the health and safety of the public and firefighting per-

sonnel against fire and fire-related hazards.

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126 STAT. 2110 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(B) C

ONSULTATION

.—The Administrator of FEMA

shall consult with fire service representatives and with

the Comptroller General of the United States in developing

the assessment system required by subparagraph (A).

‘‘(3) A

NNUAL REPORTS TO ADMINISTRATOR OF FEMA

.—Not

less frequently than once each year during the term of a grant

awarded under this section, the recipient of the grant shall

submit to the Administrator of FEMA an annual report

describing how the recipient used the grant amounts.

‘‘(4) A

NNUAL REPORTS TO CONGRESS

.—

‘‘(A) I

N GENERAL

.—Not later than September 30, 2013,

and each year thereafter through 2017, the Administrator

of FEMA shall submit to the Committee on Homeland

Security and Governmental Affairs of the Senate and the

Committee on Science and Technology and the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives a report that provides—

‘‘(i) information on the performance assessment

system developed under paragraph (2); and

‘‘(ii) using the performance metrics developed

under such paragraph, an evaluation of the effective-

ness of the grants awarded under this section.

‘‘(B) A

DDITIONAL INFORMATION

.—The report due under

subparagraph (A) on September 30, 2016, shall also include

recommendations for legislative changes to improve grants

under this section.

‘‘(q) A

UTHORIZATION OF

PPROPRIATIONS

.—

‘‘(1) I

N GENERAL

.—There is authorized to be appropriated

to carry out this section—

‘‘(A) $750,000,000 for fiscal year 2013; and

‘‘(B) for each of fiscal years 2014 through 2017, an

amount equal to the amount authorized for the previous

fiscal year increased by the percentage by which—

‘‘(i) the Consumer Price Index (all items, United

States city average) for the previous fiscal year, exceeds

‘‘(ii) the Consumer Price Index for the fiscal year

preceding the fiscal year described in clause (i).

‘‘(2) A

DMINISTRATIVE EXPENSES

.—Of the amounts appro-

priated pursuant to paragraph (1) for a fiscal year, the Adminis-

trator of FEMA may use not more than 5 percent of such

amounts for salaries and expenses and other administrative

costs incurred by the Administrator of FEMA in the course

of awarding grants and providing assistance under this section.

‘‘(3) C

ONGRESSIONALLY DIRECTED SPENDING

.—Consistent

with the requirements in subsections (c)(1) and (d)(1) that

grants under those subsections be awarded on a competitive

basis, none of the funds appropriated pursuant to this sub-

section may be used for any congressionally directed spending

item (as defined under the rules of the Senate and the House

of Representatives).

‘‘(r) S

UNSET OF

UTHORITIES

.—The authority to award assist-

ance and grants under this section shall expire on the date that

is 5 years after the date of the enactment of the Fire Grants

Reauthorization Act of 2012.’’.

Recommenda-

tions.

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126 STAT. 2111 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY

RESPONSE.

(a) I

MPROVEMENTS TO

IRING

RANTS

.—

(1) T

ERM OF GRANTS

.—Subparagraph (B) of section 34(a)(1)

of the Federal Fire Prevention and Control Act of 1974 (15

U.S.C. 2229a(a)(1)) is amended to read as follows:

‘‘(B) Grants made under this paragraph shall be for 3

years and be used for programs to hire new, additional fire-

fighters.’’.

(2) L

IMITATION OF PORTION OF COSTS OF HIRING FIRE

FIGHTERS

.—Subparagraph (E) of such section is amended to

read as follows:

‘‘(E) The portion of the costs of hiring firefighters provided

by a grant under this paragraph may not exceed—

‘‘(i) 75 percent in the first year of the grant;

‘‘(ii) 75 percent in the second year of the grant; and

‘‘(iii) 35 percent in the third year of the grant.’’.

(b) C

LARIFICATION

EGARDING

LIGIBLE

NTITIES FOR

ECRUIT

MENT AND

ETENTION

RANTS

.—The second sentence of section

34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking

‘‘organizations on a local or statewide basis’’ and inserting ‘‘national,

State, local, or tribal organizations’’.

AXIMUM

MOUNT FOR

IRING A

IREFIGHTER

.—Paragraph

(4) of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended

to read as follows:

‘‘(4) The amount of funding provided under this section to

a recipient fire department for hiring a firefighter in any fiscal

year may not exceed—

‘‘(A) in the first year of the grant, 75 percent of the usual

annual cost of a first-year firefighter in that department at

the time the grant application was submitted;

‘‘(B) in the second year of the grant, 75 percent of the

usual annual cost of a first-year firefighter in that department

at the time the grant application was submitted; and

‘‘(C) in the third year of the grant, 35 percent of the

usual annual cost of a first-year firefighter in that department

at the time the grant application was submitted.’’.

(d) W

AIVERS

.—Section 34 of such Act (15 U.S.C. 2229a) is

amended—

(1) by redesignating subsections (d) through (i) as sub-

sections (e) through (j), respectively; and

(2) by inserting after subsection (c) the following:

‘‘(d) W

AIVERS

.—

‘‘(1) I

N GENERAL

.—In a case of demonstrated economic hard-

ship, the Administrator of FEMA may—

‘‘(A) waive the requirements of subsection (c)(1); or

‘‘(B) waive or reduce the requirements in subsection

(a)(1)(E) or subsection (c)(2).

‘‘(2) G

UIDELINES

.—

‘‘(A) I

N GENERAL

.—The Administrator of FEMA shall

establish and publish guidelines for determining what con-

stitutes economic hardship for purposes of paragraph (1).

‘‘(B) C

ONSULTATION

.—In developing guidelines under

subparagraph (A), the Administrator of FEMA shall consult

with individuals who are—

‘‘(i) recognized for expertise in firefighting, emer-

gency medical services provided by fire services, or

Publication.

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126 STAT. 2112 PUBLIC LAW 112–239—JAN. 2, 2013

the economic affairs of State and local governments;

and

‘‘(ii) members of national fire service organizations

or national organizations representing the interests

of State and local governments.

‘‘(C) C

ONSIDERATIONS

.—In developing guidelines under

subparagraph (A), the Administrator of FEMA shall con-

sider, with respect to relevant communities, the following:

‘‘(i) Changes in rates of unemployment from pre-

vious years.

‘‘(ii) Whether the rates of unemployment of the

relevant communities are currently and have consist-

ently exceeded the annual national average rates of

unemployment.

‘‘(iii) Changes in percentages of individuals eligible

to receive food stamps from previous years.

‘‘(iv) Such other factors as the Administrator of

FEMA considers appropriate.’’.

(e) I

MPROVEMENTS TO

ERFORMANCE

VALUATION

EQUIRE

MENTS

.—Subsection (e) of section 34 of such Act (15 U.S.C. 2229a),

as redesignated by subsection (d)(1) of this section, is amended

by inserting before the first sentence the following:

‘‘(1) I

N GENERAL

.—The Administrator of FEMA shall estab-

lish a performance assessment system, including quantifiable

performance metrics, to evaluate the extent to which grants

awarded under this section are furthering the purposes of this

section.

‘‘(2) S

UBMITTAL OF INFORMATION

.—’’.

(f) R

EPORT

.—

(1) I

N GENERAL

.—Subsection (f) of section 34 of such Act

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this

section, is amended by striking ‘‘The authority’’ and all that

follows through ‘‘Congress concerning’’ and inserting the fol-

lowing: ‘‘Not later than September 30, 2014, the Administrator

of FEMA shall submit to the Committee on Homeland Security

and Governmental Affairs of the Senate and the Committee

on Science and Technology and the Committee on Transpor-

tation and Infrastructure of the House of Representatives a

report on’’.

(2) C

ONFORMING AMENDMENT

.—The heading for subsection

(f) of section 34 of such Act (15 U.S.C. 2229a), as redesignated

by subsection (d)(1) of this section, is amended by striking

‘‘S

UNSET AND

EPORTS

’’ and inserting ‘‘R

EPORT

’’.

(g) A

DDITIONAL

EFINITIONS

.—

(1) I

N GENERAL

.—Subsection (i) of section 34 of such Act

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this

section, is amended—

(A) in the matter before paragraph (1), by striking

‘‘In this section, the term—’’ and inserting ‘‘In this section:’’;

(B) in paragraph (1)—

(i) by inserting ‘‘The term’’ before ‘‘ ‘firefighter’

has’’; and

(ii) by striking ‘‘; and’’ and inserting a period;

(D) by inserting at the end the following:

Assessment.

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126 STAT. 2113 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) The terms ‘Administrator of FEMA’, ‘career fire depart-

ment’, ‘combination fire department’, and ‘volunteer fire depart-

ment’ have the meanings given such terms in section 33(a).’’.

(2) C

ONFORMING AMENDMENT

.—Section 34(a)(1)(A) of such

Act (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ‘‘career,

volunteer, and combination fire departments’’ and inserting

‘‘career fire departments, combination fire departments, and

volunteer fire departments’’.

(h) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—Subsection (j) of section 34 of such Act

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this

section, is amended—

(A) in paragraph (6), by striking ‘‘and’’ at the end;

(B) in paragraph (7), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(8) $750,000,000 for fiscal year 2013; and

‘‘(9) for each of fiscal years 2014 through 2017, an amount

equal to the amount authorized for the previous fiscal year

increased by the percentage by which—

‘‘(A) the Consumer Price Index (all items, United States

city average) for the previous fiscal year, exceeds

‘‘(B) the Consumer Price Index for the fiscal year pre-

ceding the fiscal year described in subparagraph (A).’’.

(2) A

DMINISTRATIVE EXPENSES

.—Such subsection (j) is fur-

ther amended—

(A) in paragraph (9), as added by paragraph (1) of

this subsection, by redesignating subparagraphs (A) and

(B) as clauses (i) and (ii), respectively, and moving the

left margin of such clauses, as so redesignated, 2 ems

to the right;

(B) by redesignating paragraphs (1) through (9) as

subparagraphs (A) through (I), respectively, and moving

the left margin of such subparagraphs, as so redesignated,

2 ems to the right;

‘‘(1) I

N GENERAL

.—There are’’; and

(D) by adding at the end the following:

‘‘(2) A

DMINISTRATIVE EXPENSES

.—Of the amounts appro-

priated pursuant to paragraph (1) for a fiscal year, the Adminis-

trator of FEMA may use not more than 5 percent of such

amounts to cover salaries and expenses and other administra-

tive costs incurred by the Administrator of FEMA to make

grants and provide assistance under this section.’’.

(3) C

ONGRESSIONALLY DIRECTED SPENDING

.—Such sub-

section (j) is further amended by adding at the end the fol-

lowing:

‘‘(3) C

ONGRESSIONALLY DIRECTED SPENDING

.—Consistent

with the requirement in subsection (a) that grants under this

section be awarded on a competitive basis, none of the funds

appropriated pursuant to this subsection may be used for any

congressionally direct spending item (as defined under the rules

of the Senate and the House of Representatives).’’.

(i) T

ECHNICAL

MENDMENT

.—Section 34 of such Act (15 U.S.C.

2229a) is amended by striking ‘‘Administrator’’ each place it appears

and inserting ‘‘Administrator of FEMA’’.

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126 STAT. 2114 PUBLIC LAW 112–239—JAN. 2, 2013

(j) C

LERICAL

MENDMENT

.—Such section is further amended

in the heading by striking ‘‘

EXPANSION OF PRE

SEPTEMBER 11

2001

FIRE GRANT PROGRAM

’’ and inserting the following: ‘‘

STAFFING

FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

’’.

(k) S

UNSET OF

UTHORITY TO

WARD

IRING

RANTS

.—Such

section is further amended by adding at the end the following:

‘‘(k) S

UNSET OF

UTHORITIES

.—The authority to award assist-

ance and grants under this section shall expire on the date that

is 5 years after the date of the enactment of the Fire Grants

Reauthorization Act of 2012.’’.

SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSIST-

ANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE

FIRE AND EMERGENCY RESPONSE PROGRAMS.

It is the sense of Congress that—

(1) the grants and assistance awarded under sections 33

and 34 of the Federal Fire Prevention and Control Act of

1974 (15 U.S.C. 2229 and 2229a) have proven equally valuable

in protecting the health and safety of the public and firefighting

personnel throughout the United States against fire and fire-

related hazards; and

(2) providing parity in funding for the awarding of grants

and assistance under both such sections will ensure that the

grant and assistance programs under such sections can continue

to serve their complementary purposes.

SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIRE-

FIGHTERS AND STAFFING FOR ADEQUATE FIRE AND

EMERGENCY RESPONSE PROGRAMS.

(a) I

ENERAL

.—Not later than September 30, 2016, the Comp-

troller General of the United States shall submit to the Committee

on Homeland Security and Governmental Affairs of the Senate

and the Committee on Science and Technology of the House of

Representatives a report on the effect of the amendments made

by this subtitle.

(b) C

ONTENTS

.—The report required by subsection (a) shall

include the following:

(1) An assessment of the effect of the amendments made

by sections 1803 and 1804 on the effectiveness, relative alloca-

tion, accountability, and administration of the grants and

assistance awarded under sections 33 and 34 of the Federal

Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and

2229a) after the date of the enactment of this Act.

(2) An evaluation of the extent to which the amendments

made by sections 1803 and 1804 have enabled recipients of

grants and assistance awarded under such sections 33 and

34 after the date of the enactment of this Act to mitigate

fire and fire-related and other hazards more effectively.

SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.

(a) D

EFINITIONS

.—In this section:

(1) A

DMINISTRATOR

.—The term ‘‘Administrator’’ means the

Administrator of the United States Fire Administration.

(2) C

AREER FIRE DEPARTMENT

COMBINATION FIRE DEPART

MENT

VOLUNTEER FIRE DEPARTMENT

.—The terms ‘‘career fire

department’’, ‘‘combination fire department’’, and ‘‘volunteer fire

department’’ have the meanings given such terms in section

Evaluation.

Assessment.

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126 STAT. 2115 PUBLIC LAW 112–239—JAN. 2, 2013

33(a) of the Federal Fire Prevention and Control Act of 1974

(15 U.S.C. 2229(a)), as amended by section 1803.

(3) F

IRE SERVICE

.—The term ‘‘fire service’’ has the meaning

given such term in section 4 of the Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2203).

(b) S

TUDY AND

EPORT ON

OMPLIANCE

ITH

TAFFING

TAND

ARDS

.—

(1) S

TUDY

.—The Administrator shall conduct a study on

the level of compliance with national voluntary consensus

standards for staffing, training, safe operations, personal

protective equipment, and fitness among the fire services of

the United States.

(2) S

URVEY

.—

(A) I

N GENERAL

.—In carrying out the study required

by paragraph (1), the Administrator shall carry out a

survey of fire services to assess the level of compliance

of such fire services with the standards described in such

paragraph.

(B) E

LEMENTS

.—The survey required by subparagraph

(A) shall—

(i) include career fire departments, volunteer fire

departments, combination fire departments, and fire

departments serving communities of different sizes,

and such other distinguishing factors as the Adminis-

trator considers relevant;

(ii) employ methods to ensure that the survey

accurately reflects the actual rate of compliance with

the standards described in paragraph (1) among fire

services; and

(iii) determine the extent of barriers and chal-

lenges to achieving compliance with the standards

described in paragraph (1) among fire services.

UTHORITY TO CARRY OUT SURVEY WITH NON

PROFIT

.—If the Administrator determines that it will reduce

the costs incurred by the United States Fire Administration

in carrying out the survey required by subparagraph (A),

the Administrator may carry out such survey in conjunction

with a nonprofit organization that has substantial expertise

and experience in the following areas:

(i) The fire services.

(ii) National voluntary consensus standards.

(iii) Contemporary survey methods.

(3) R

EPORT ON FINDINGS OF STUDY

.—

(A) I

N GENERAL

.—Not later than 2 years after the

date of the enactment of this Act, the Administrator shall

submit to Congress a report on the findings of the Adminis-

trator with respect to the study required by paragraph

(1).

(B) C

ONTENTS

.—The report required by subparagraph

(A) shall include the following:

(i) An accurate description, based on the results

of the survey required by paragraph (2)(A), of the

rate of compliance with the standards described in

paragraph (1) among United States fire services,

including a comparison of the rates of compliance

Determination.

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126 STAT. 2116 PUBLIC LAW 112–239—JAN. 2, 2013

among career fire departments, volunteer fire depart-

ments, combination fire departments, and fire depart-

ments serving communities of different sizes, and such

other comparisons as Administrator considers relevant.

(ii) A description of the challenges faced by dif-

ferent types of fire departments and different types

of communities in complying with the standards

described in paragraph (1).

ASK

ORCE TO

NHANCE

IREFIGHTER

AFETY

.—

(1) E

STABLISHMENT

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of Homeland Secu-

rity shall establish a task force to be known as the ‘‘Task

Force to Enhance Firefighter Safety’’ (in this subsection referred

to as the ‘‘Task Force’’).

(2) M

EMBERSHIP

.—

(A) I

N GENERAL

.—Members of the Task Force shall

be appointed by the Secretary from among the general

public and shall include the following:

(i) Representatives of national organizations rep-

resenting firefighters and fire chiefs.

(ii) Individuals representing standards-setting and

accrediting organizations, including representatives

from the voluntary consensus codes and standards

development community.

(iii) Such other individuals as the Secretary con-

siders appropriate.

(B) R

EPRESENTATIVES OF OTHER DEPARTMENTS AND

AGENCIES

.—The Secretary may invite representatives of

other Federal departments and agencies that have an

interest in fire services to participate in the meetings and

other activities of the Task Force.

UMBER

;

PAY AND ALLOW

ANCES

.—The Secretary shall determine the number, terms

of service, and pay and allowances of members of the

Task Force appointed by the Secretary, except that a term

of service of any such member may not exceed 2 years.

(3) R

ESPONSIBILITIES

.—The Task Force shall—

(A) consult with the Secretary in the conduct of the

study required by subsection (b)(1); and

(B) develop a plan to enhance firefighter safety by

increasing fire service compliance with the standards

described in subsection (b)(1), including by—

(i) reviewing and evaluating the report required

by subsection (b)(3)(A) to determine the extent of and

barriers to achieving compliance with the standards

described in subsection (b)(1) among fire services; and

(ii) considering ways in which the Federal Govern-

ment, States, and local governments can promote or

encourage fire services to comply with such standards.

(4) R

EPORT

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date on which the Secretary submits the report required

by subsection (b)(3)(A), the Task Force shall submit to

Congress and the Secretary a report on the activities and

findings of the Task Force.

(B) C

ONTENTS

.—The report required by subparagraph

(A) shall include the following:

Review.

Evaluation.

Plans.

Consultation.

Determination.

Deadline.

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126 STAT. 2117 PUBLIC LAW 112–239—JAN. 2, 2013

(i) The findings and recommendations of the Task

Force with respect to the study carried out under sub-

section (b)(1).

(ii) The plan developed under paragraph (3)(B).

(d) S

TUDY AND

EPORT ON THE

EEDS OF

IRE

ERVICES

.—

(1) S

TUDY

.—The Administrator shall conduct a study—

(A) to define the current roles and activities associated

with fire services on a national, State, regional, and local

level;

(B) to identify the equipment, staffing, and training

required to fulfill the roles and activities defined under

subparagraph (A);

what fire services currently possess and what they require

to meet the equipment, staffing, and training needs identi-

fied under subparagraph (B) on a national and State-by-

State basis; and

(D) to measure the impact of the grant and assistance

program under section 33 of the Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2229) in meeting the

needs of fire services and filling the gaps identified under

subparagraph (C).

(2) R

EPORT

.—Not later than 2 years after the date of the

enactment of this title, the Administrator shall submit to Con-

gress a report on the findings of the Administrator with respect

to the study conducted under paragraph (1).

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to the Administrator to carry out this section—

(1) $600,000 for fiscal year 2013; and

(2) $600,000 for fiscal year 2014.

Subtitle B—Reauthorization of United

States Fire Administration

SEC. 1811. SHORT TITLE.

This subtitle may be cited as the ‘‘United States Fire Adminis-

tration Reauthorization Act of 2012’’.

SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED

STATES FIRE ADMINISTRATION AND FEDERAL EMER-

GENCY MANAGEMENT AGENCY.

Section 5(c) of the Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2204) is amended to read as follows:

‘‘(c) D

EPUTY

DMINISTRATOR

.—The Administrator may appoint

a Deputy Administrator, who shall—

‘‘(1) perform such functions as the Administrator shall from

time to time assign or delegate; and

‘‘(2) act as Administrator during the absence or disability

of the Administrator or in the event of a vacancy in the office

of Administrator.’’.

SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO EDU-

CATE PUBLIC ABOUT FIRE AND FIRE PREVENTION.

Section 6 of the Federal Fire Prevention and Control Act of

1974 (15 U.S.C. 2205) is amended by striking ‘‘to take all steps’’

and all that follows through ‘‘fire and fire prevention.’’ and inserting

United States

Fire

Administration

Reauthorization

Act of 2012.

15 USC 2201

note.

Assessment.

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126 STAT. 2118 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘to take such steps as the Administrator considers appropriate

to educate the public and overcome public indifference as to fire,

fire prevention, and individual preparedness.’’.

SEC. 1814. AUTHORIZATION OF APPROPRIATIONS.

Section 17(g)(1) of the Federal Fire Prevention and Control

Act of 1974 (15 U.S.C. 2216(g)(1)) is amended—

(1) in subparagraph (G), by striking ‘‘and’’ at the end;

(2) in subparagraph (H), by striking the period at the

end and inserting a semicolon;

(3) by adding after subparagraph (H) the following:

‘‘(I) $76,490,890 for fiscal year 2013, of which $2,753,672

shall be used to carry out section 8(f);

‘‘(J) $76,490,890 for fiscal year 2014, of which $2,753,672

shall be used to carry out section 8(f);

‘‘(K) $76,490,890 for fiscal year 2015, of which $2,753,672

shall be used to carry out section 8(f);

‘‘(L) $76,490,890 for fiscal year 2016, of which $2,753,672

shall be used to carry out section 8(f); and

‘‘(M) $76,490,890 for fiscal year 2017, of which $2,753,672

shall be used to carry out section 8(f).’’; and

(4) in subparagraphs (E) through (H), by moving each

margin 2 ems to the left.

SEC. 1815. REMOVAL OF LIMITATION.

Section 9(d) of the Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2208(d)) is amended—

(1) by striking ‘‘U

PDATE

.—’’ and all that follows through

‘‘The Administrator’’ and inserting ‘‘U

PDATE

.—The Adminis-

trator’’; and

(2) by striking paragraph (2).

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction

Authorization Act for Fiscal Year 2013’’.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) E

XPIRATION OF

UTHORIZATIONS

FTER

HREE

EARS

.—

Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVII and title XXIX of this division for

military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Treaty Organization Security Investment Program (and authoriza-

tions of appropriations therefor) shall expire on the later of—

(1) October 1, 2015; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2016.

(b) E

XCEPTION

.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Time periods.

Military

Construction

Authorization

Act for Fiscal

Year 2013.

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126 STAT. 2119 PUBLIC LAW 112–239—JAN. 2, 2013

Treaty Organization Security Investment Program (and authoriza-

tions of appropriations therefor), for which appropriated funds have

been obligated before the later of—

(1) October 1, 2015; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2016 for military construction projects, land

acquisition, family housing projects and facilities, or contribu-

tions to the North Atlantic Treaty Organization Security Invest-

ment Program.

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.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or Location Amount

Alaska ..................... Fort Wainwright ....................................... $10,400,000

Joint Base Elmendorf-Richardson .......... $7,900,000

California ................ Concord ..................................................... $8,900,000

Colorado .................. Fort Carson ............................................... $18,000,000

District of Columbia Fort McNair .............................................. $7,200,000

Georgia .................... Fort Benning ............................................ $16,000,000

Fort Gordon .............................................. $23,300,000

Fort Stewart ............................................. $49,650,000

Hawaii ..................... Pohakuloa Training Area ........................ $29,000,000

Schofield Barracks ................................... $96,000,000

Wheeler Army Air Field .......................... $85,000,000

Kansas .................... Fort Riley .................................................. $12,200,000

Kentucky ................. Fort Campbell ........................................... $81,800,000

............................. Fort Knox .................................................. $6,000,000

Missouri .................. Fort Leonard Wood .................................. $123,000,000

New Jersey ............. Joint Base McGuire-Dix-Lakehurst ........ $47,000,000

Picatinny Arsenal ..................................... $10,200,000

New York ................ Fort Drum ................................................. $95,000,000

U.S. Military Academy ............................ $192,000,000

North Carolina ....... Fort Bragg ................................................ $68,000,000

Oklahoma ................ Fort Sill ..................................................... $4,900,000

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126 STAT. 2120 PUBLIC LAW 112–239—JAN. 2, 2013

Army: Inside the United States—Continued

State Installation or Location Amount

South Carolina ....... Fort Jackson ............................................. $24,000,000

Texas ....................... Corpus Christi .......................................... $37,200,000

Fort Bliss .................................................. $7,200,000

Fort Hood .................................................. $51,200,000

Joint Base San Antonio ........................... $21,000,000

Virginia ................... Fort Belvoir .............................................. $94,000,000

Fort Lee .................................................... $81,000,000

Washington ............. Joint Base Lewis-McChord ...................... $164,000,000

Yakima ...................................................... $5,100,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or Location Amount

Italy .......................... Camp Ederle .............................................. $36,000,000

Vicenza ....................................................... $32,000,000

Japan ........................ Okinawa ..................................................... $78,000,000

Sagami ....................................................... $18,000,000

Korea ........................ Camp Humphreys ..................................... $45,000,000

SEC. 2102. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2103(a) and available for military family

housing functions as specified in the funding table in section 4601,

the Secretary of the Army may carry out architectural and

engineering services and construction design activities with respect

to the construction or improvement of family housing units in

an amount not to exceed $4,641,000.

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for military construction, land acquisition, and

military family housing functions of the Department of the Army

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

subsection (a), as specified in the funding table in section

4601.

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126 STAT. 2121 PUBLIC LAW 112–239—JAN. 2, 2013

(2) $106,000,000 (the balance of the amount authorized

under section 2101(a) for cadet barracks increment 1 at the

United States Military Academy, New York).

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2010 PROJECT.

In the case of the authorization contained in the table in

section 2101(a) of the Military Construction Authorization Act for

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2628)

for Fort Belvoir, Virginia, for construction of a Road and Access

Control Point at the installation, the Secretary of the Army may

construct a standard design Access Control Point consistent with

the Army’s construction guidelines for Access Control Points.

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2009 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2009 (division B

of Public Law 110–417; 122 Stat. 4658), authorizations set forth

in the table in subsection (b), as provided in section 2101 of that

Act (122 Stat. 4659), shall remain in effect until October 1, 2013,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Army: Extension of 2009 Project Authorizations

State

Installation

or Location

Project Amount

Alabama ............. Anniston

Army Depot.

Lake Yard Interchange ............ $1,400,000

New Jersey ........ Picatinny Ar-

senal.

Ballistic evaluation Facility

Phase I .................................. $9,900,000

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2010 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2010 (division B

of Public Law 111–84; 123 Stat. 2627), authorizations set forth

in the table in subsection (b), as provided in section 2101 of that

Act (123 Stat. 2628), shall remain in effect until October 1, 2013,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Army: Extension of 2010 Project Authorizations

State

Installation

or Location

Project Amount

Louisiana .......... Fort Polk ...... Land Purchases and Con-

demnation ....................... $17,000,000

New Jersey ....... Picatinny Ar-

senal.

Ballistic Evaluation Facil-

ity Phase 2 ...................... $10,200,000

Virginia ............. Fort Belvoir Road and Access Control

Point ................................ $9,500,000

Termination

date.

Termination

date.

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126 STAT. 2122 PUBLIC LAW 112–239—JAN. 2, 2013

Army: Extension of 2010 Project Authorizations—Continued

State

Installation

or Location

Project Amount

Washington ...... Fort Lewis ... Fort Lewis-McChord AFB

Joint Access .................... $9,000,000

Kuwait .............. Kuwait ......... APS Warehouses ................ $82,000,000

SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR EXPENDI-

TURE OF FUNDS FOR TOUR NORMALIZATION.

Section 2111 of the Military Construction Authorization Act

for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat.

1665) is amended in the matter preceding paragraph (1) by inserting

after ‘‘under this Act’’ the following: ‘‘or an Act authorizing funds

for military construction for fiscal year 2013’’.

SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT

CERTAIN FISCAL YEAR 2013 PROJECT.

The Secretary of the Army may not obligate or expend any

funds authorized in this title for the construction of a cadet barracks

at the United States Military Academy, West Point, New York,

until the Secretary of the Army—

(1) submits to the congressional defense committees, as

part of the future-years defense program submitted to Congress

during 2013 under section 221 of title 10, United States Code,

a plan showing programmed investments to renovate existing

cadet barracks at the United States Military Academy; and

(2) certifies to the congressional defense committees that

the Secretary has entered into a contract for the renovation

of Scott Barracks at the United States Military Academy.

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.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2204(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

Arizona .................... Yuma .......................................................... $29,285,000

Certification.

Contracts.

Plans.

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126 STAT. 2123 PUBLIC LAW 112–239—JAN. 2, 2013

Navy: Inside the United States—Continued

State Installation or Location Amount

California ................ Camp Pendleton ........................................ $88,110,000

Coronado .................................................... $78,541,000

Miramar ..................................................... $27,897,000

Point Mugu ................................................ $12,790,000

San Diego ................................................... $71,188,000

Seal Beach ................................................. $30,594,000

Twentynine Palms .................................... $47,270,000

Florida ..................... Jacksonville ............................................... $21.980,000

Hawaii ..................... Kaneohe Bay ............................................. $97,310,000

Mississippi ............... Meridian .................................................... $10,926,000

New Jersey .............. Earle ........................................................... $33,498,000

North Carolina ....... Camp Lejeune ........................................... $69,890,000

Cherry Point Marine Corps Air Station .. $45,891,000

New River .................................................. $8,525,000

South Carolina ....... Beaufort ..................................................... $81,780,000

Parris Island .............................................. $10,135,000

Virginia ................... Dahlgren .................................................... $28,228,000

Oceana Naval Air Station ........................ $39,086,000

Portsmouth ................................................ $32,706,000

Quantico ..................................................... $58,714,000

Yorktown .................................................... $48,823,000

Washington ............. Whidbey Island ......................................... $6,272,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2204(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installation or location outside the

United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Bahrain ..................... SW Asia ...................................................... $51,348,000

Diego Garcia ............ Diego Garcia ............................................... $1,691,000

Greece ........................ Souda Bay ................................................... $25,123,000

Japan ......................... Iwakuni ....................................................... $13,138,000

Okinawa ...................................................... $8,206,000

Romania .................... Deveselu ...................................................... $45,205,000

Spain ......................... Rota ............................................................. $17,215,000

Worldwide (Unspec-

ified) ....................... Unspecified Worldwide Locations ............. $34,048,000

SEC. 2202. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2204(a) and available for military family

housing functions as specified in the funding table in section 4601,

the Secretary of the Navy may carry out architectural and

engineering services and construction design activities with respect

to the construction or improvement of family housing units in

an amount not to exceed $4,527,000.

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126 STAT. 2124 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appro-

priations in section 2204(a) and available for military family housing

functions, the Secretary of the Navy may improve existing military

family housing units in an amount not to exceed $97,655,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for military construction, land acquisition, and

military family housing functions of the Department of the Navy,

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2201 of this Act and the projects described in paragraphs (2) and

(3) of this subsection may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

subsection (a), as specified in the funding table in section

4601.

(2) $382,757,000 (the balance of the amount authorized

under section 2201(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2012 (division B of Public Law 112–

81; 125 Stat. 1666) for an explosive handling wharf at Kitsap,

Washington).

(3) $68,196,000 (the balance of the amount authorized

under section 2201(b) of the Military Construction Authoriza-

tion Act for Fiscal Year 2010 (division B of Public Law 111–

84; 123 Stat. 2633) for ramp parking at Joint Region Marianas,

Guam).

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2012 PROJECT.

In the case of the authorization contained in the table in

section 2201(a) of the Military Construction Authorization Act for

Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666),

for Kitsap (Bangor) Washington, for construction of Explosives Han-

dling Wharf No. 2 at that location, the Secretary of the Navy

may acquire fee or lesser real property interests to accomplish

required environmental mitigation for the project using appropria-

tions authorized for the project.

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2009 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2009 (division B

of Public Law 110–417; 122 Stat. 4658), the authorization set forth

in the table in subsection (b), as provided in section 2201 of that

Act (122 Stat. 4670) and extended by section 2206 of the Military

Construction Authorization Act for Fiscal Year 2012 (division B

of Public Law 112–81; 125 Stat. 1668), shall remain in effect until

October 1, 2013, or the date of an Act authorizing funds for military

construction for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Termination

date.

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126 STAT. 2125 PUBLIC LAW 112–239—JAN. 2, 2013

Navy: Extension of 2009 Project Authorization

State/Country

Installation or Lo-

cation

Project Amount

California .................. Marine Corps Base,

Camp Pendleton.

Operations Access

Points, Red Beach $11,970,000

Marine Corps Air

Station, Miramar.

Emergency Response

Station .................. $6,530,000

District of Columbia Washington Navy

Yard.

Child Development

Center ................... $9,340,000

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2010 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2010 (division B

of Public Law 111–84; 123 Stat. 2627), the authorization set forth

in the table in subsection (b), as provided in section 2201 of that

Act (123 Stat. 2632), shall remain in effect until October 1, 2013,

or the date of an Act authorizing funds for military construction

for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Navy: Extension of 2010 Project Authorization

State/Country

Installation or Lo-

cation

Project Amount

California .................. Mountain Warfare

Training Center,

Bridgeport.

Mountain Warfare

Training, Com-

missary ................. $6,830,000

Maine ........................ Portsmouth Naval

Shipyard.

Gate 2 Security Im-

provements ........... $7,090,000

Djibouti ..................... Camp Lemonier ....... Security Fencing ..... $8,109,000

Ammo Supply Point $21,689,000

Interior Paved

Roads .................... $7,275,000

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.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2304(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations inside

the United States, and in the amounts, set forth in the following

table:

Termination

date.

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126 STAT. 2126 PUBLIC LAW 112–239—JAN. 2, 2013

Air Force: Inside the United States

State Installation or Location Amount

Arkansas ............................ Little Rock Air Force Base ........ $30,178,000

Florida ................................ Tyndall Air Force Base ............. $14,750,000

Georgia ............................... Fort Stewart ............................... $7,250,000

Moody Air Force Base ............... $8,500,000

New Mexico ........................ Holloman Air Force Base .......... $25,000,000

North Dakota ..................... Minot Air Force Base ................ $4,600,000

Texas .................................. Joint Base San Antonio ............. $18,000,000

Utah ................................... Hill Air Force Base .................... $13,530,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2304(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations out-

side the United States, and in the amounts, set forth in the following

table:

Air Force: Outside the United States

Country Installation or Location Amount

Greenland ................................ Thule Air Base ......................... $24,500,000

Guam ......................................... Andersen Air Force Base ......... $58,000,000

Italy .......................................... Aviano Air Base ....................... $9,400,000

Portugal ................................... Lajes Field ................................ $2,000,000

SEC. 2302. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2304(a) and available for military family

housing functions as specified in the funding table in section 4601,

the Secretary of the Air Force may carry out architectural and

engineering services and construction design activities with respect

to the construction or improvement of family housing units in

an amount not to exceed $4,253,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appro-

priations in section 2304 and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Air Force may improve existing military family

housing units in an amount not to exceed $79,571,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for military construction, land acquisition, and

military family housing functions of the Department of the Air

Force, as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

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126 STAT. 2127 PUBLIC LAW 112–239—JAN. 2, 2013

2301 of this Act and the project described in paragraph (2) of

this subsection may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

subsection (a), as specified in the funding table in section

4601.

(2) $205,000,000 (the balance of the amount authorized

under section 2301(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2012 (division B of Public Law 112–

81; 125 Stat. 1670) for the United States Strategic Command

Headquarters at Offutt Air Force Base, Nebraska).

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2010 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2010 (division B

of Public Law 111–84; 123 Stat. 2627), authorizations set forth

in the table in subsection (b), as provided in section 2301 of that

Act (123 Stat. 2636), shall remain in effect until October 1, 2013,

or the date of an Act authorizing funds for military construction

for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 2010 Project Authorization

State

Installation or

Location

Project Amount

Missouri ......... Whiteman Air

Force Base.

Land Acquisition North

& South Boundary ....... $5,500,000

Montana ........ Malmstrom Air

Force Base.

Weapons Storage Area

(WSA), Phase 2 ............ $10,600,000

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.

Subtitle A—Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

Termination

date.

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126 STAT. 2128 PUBLIC LAW 112–239—JAN. 2, 2013

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

State Installation or Location Amount

Arizona .............................. Marana ......................................... $6,477,000

Yuma ............................................. $1,300,000

California ......................... Coronado ....................................... $55,259,000

DEF Fuel Support Point-San

Diego .......................................... $91,563,000

Edwards Air Force Base .............. $27,500,000

Twentynine Palms ....................... $27,400,000

Colorado ........................... Buckley Air Force Base ............... $30,000,000

Fort Carson .................................. $56,673,000

Pikes Peak .................................... $3,600,000

Delaware ........................... Dover Air Force Base ................... $2,000,000

Florida .............................. Eglin Air Force Base ................... $41,695,000

Hurlburt Field .............................. $16,000,000

MacDill Air Force Base ............... $34,409,000

Hawaii .............................. Joint Base Pearl Harbor-Hickam $24,289,000

Illinois .............................. Great Lakes .................................. $28,700,000

Scott Air Force Base .................... $86,711,000

Indiana .............................. Grissom Army Reserve Base ....... $26,800,000

Kentucky .......................... Fort Campbell .............................. $71,639,000

Louisiana ......................... Barksdale Air Force Base ........... $11,700,000

Maryland ........................... Annapolis ...................................... $66,500,000

Bethesda Naval Hospital ............. $69,200,000

Fort Meade ................................... $128,600,000

Missouri ........................... Fort Leonard Wood ...................... $18,100,000

New Mexico ....................... Cannon Air Force Base ............... $93,085,000

New York .......................... Fort Drum .................................... $43,200,000

North Carolina ................ Camp Lejeune .............................. $80,064,000

Fort Bragg .................................... $130,422,000

Seymour Johnson Air Force Base $55,450,000

Pennsylvania ................... DEF Distribution Depot New

Cumberland .............................. $17,400,000

South Carolina ................ Shaw Air Force Base ................... $57,200,000

Texas ................................. Red River Army Depot ................ $16,715,000

Virginia ............................ Joint Expeditionary Base Little

Creek-Fort Story ....................... $11,132,000

Norfolk .......................................... $8,500,000

Washington ...................... Fort Lewis .................................... $50,520,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Country Installation or Location Amount

Belgium .................. Brussels ................................................... $26,969,000

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126 STAT. 2129 PUBLIC LAW 112–239—JAN. 2, 2013

Defense Agencies: Outside the United States—Continued

Country Installation or Location Amount

Germany ................ Stuttgart-Patch Barracks ....................... $2,413,000

Vogelweh ................................................. $61,415,000

Weisbaden ............................................... $52,178,000

Guam ..................... Andersen Air Force Base ....................... $67,500,000

Guantanamo Bay,

Cuba.

Guantanamo Bay .................................... $40,200,000

Japan ..................... Camp Zama ............................................. $13,273,000

Kadena Air Base ..................................... $143,545,000

Sasebo ...................................................... $35,733,000

Zukeran ................................................... $79,036,000

Korea ...................... Kunsan Air Base ..................................... $13,000,000

Osan Air Base ......................................... $77,292,000

Romania ................. Deveselu .................................................. $220,800,000

United Kingdom ... Menwith Hill Station .............................. $50,283,000

Royal Air Force Feltwell ........................ $30,811,000

Royal Air Force Mildenhall .................... $6,490,000

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may carry out energy conservation projects under

chapter 173 of title 10, United States Code, for the installations

or locations inside the United States, and in the amounts, set

forth in the following table:

Energy Conservation Projects: Inside the United States

State Installation or Location Amount

Alaska ..................... Clear ........................................................ $15,337,000

California ............... Fort Hunter Liggett ................................ $9,600,000

Parks RFTA ............................................ $9,256,000

Colorado ................. Aerospace Data Facility ......................... $3,310,000

Fort Carson ............................................. $4,000,000

Hawaii .................... Joint Base Pearl Harbor Hickam .......... $6,610,000

Missouri .................. Whiteman ................................................ $6,000,000

North Carolina ....... Fort Bragg ............................................... $2,700,000

MCB Camp Lejeune ............................... $5,701,000

New Jersey ............. Sea Girt ................................................... $3,000,000

Pennsylvania .......... NSA Mechanicsburg ............................... $19,926,000

Susquehanna ........................................... $2,550,000

Tobyhanna Army Depot ......................... $3,950,000

Tennessee ............... Arnold ...................................................... $3,606,000

Texas ...................... Fort Bliss ................................................. $5,700,000

Fort Bliss ................................................. $2,600,000

Laughlin .................................................. $4,800,000

Virginia ................... MCB Quantico ......................................... $7,943,000

Pentagon Reservation ............................. $2,360,000

Pentagon Reservation ............................. $2,120,000

Various Locations .. Various Locations ................................... $12,886,000

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126 STAT. 2130 PUBLIC LAW 112–239—JAN. 2, 2013

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may carry out energy conservation projects under

chapter 173 of title 10, United States Code, for the installations

or locations outside the United States, and in the amounts, set

forth in the following table:

Energy Conservation Projects: Outside the United States

Country Installation or Location Amount

Italy ........................ Naval Air Station Sigonella ................... $6,121,000

Spain ....................... Naval Station Rota ................................. $2,671,000

Various Locations .. Various Locations ................................... $7,253,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for military construction, land acquisition, and

military family housing functions of the Department of Defense

(other than the military departments), as specified in the funding

table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2401 of this Act and the projects described in paragraphs (2) through

(9) of this subsection may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

subsection (a), as specified in the funding table in section

4601.

(2) $13,965,000 (the balance of the amount authorized

under section 2401(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2007(division B of Public Law 119–

364; 120 Stat. 2457) for the Army Medical Research Institute

of Infectious Diseases Stage I at Fort Detrick, Maryland).

(3) $103,600,000 (the balance of the amount authorized

under section 2401(a) for NSAW Recapitalize Building #1 at

Fort Meade, Maryland).

(4) $556,639,000 (the balance of the amount authorized

under section 2401(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2012 (division B of Public Law 112–

81; 125 Stat. 1672), as amended by section 2404(a) of this

Act, for a data center at Fort Meade, Maryland).

(5) $512,969,000 (the balance of the amount authorized

under section 2401(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2010 (division B of Public Law 111–

84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas).

(6) $134,900,000 (the balance of the amount authorized

under section 2401(a) of the Military Construction Authoriza-

tion Act for Fiscal Year 2012 (division B of Public Law 112–

81; 125 Stat. 1672) for an Ambulatory Care Center Phase

III at Joint Base San Antonio, Texas).

(7) $41,913,000 (the balance of the amount authorized as

a Military Construction, Defense-Wide project by title X of

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126 STAT. 2131 PUBLIC LAW 112–239—JAN. 2, 2013

the Supplemental Appropriations Act, 2009 (Public Law 111–

32; 123 Stat. 1888) for a data center at Camp Williams, Utah).

(8) $792,408,000 (the balance of the amount authorized

under section 2401(b) of the Military Construction Authoriza-

tion Act for Fiscal Year 2012 (division B of Public Law 112–

81; 125 Stat. 1673), as amended by section 2404(b) of this

Act, for a hospital at the Rhine Ordnance Barracks, Germany).

(9) $100,800,000 (the balance of the amount authorized

under section 2401(b) for the Aegis Ashore Missile Defense

System Complex at Deveselu, Romania).

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2012 PROJECTS.

(a) M

ARYLAND

.—The table in section 2401(a) of the Military

Construction Authorization Act for Fiscal Year 2012 (division B

of Public Law 112–81; 125 Stat. 1672), is amended in the item

relating to Fort Meade, Maryland, by striking ‘‘$29,640,000’’ in

the amount column and inserting ‘‘$792,200,000’’.

(b) G

ERMANY

.—

(1) P

ROJECT AUTHORIZATION

.—The table in section 2401(b)

of the Military Construction Authorization Act for Fiscal Year

2012 (division B of Public Law 112–81; 125 Stat. 1673), is

amended in the item relating to Rhine Ordnance Barracks,

Germany, by striking ‘‘$750,000,000’’ in the amount column

and inserting ‘‘$990,000,000’’.

(2) C

ERTIFICATION REQUIRED

.—The Secretary of Defense

may not obligate additional funds made available pursuant

to the amendment made by paragraph (1) until the Secretary

certifies to the congressional defense committees that both of

the following directly support the proposed scope for the hos-

pital at the Rhine Ordnance Barracks, Germany:

(A) A sufficient enduring beneficiary population.

(B) The fiscal year 2014 force structure assessment,

incorporated in the budget submitted by the President

to Congress for fiscal year 2014.

SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2010 PROJECT.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2010 (division B

of Public Law 111–84; 123 Stat. 2627), the authorization set forth

in the table in subsection (b), as provided in section 2401(a) of

that Act (123 Stat. 2640), shall remain in effect until October

1, 2013, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Extension of 2010 Project Authorization

State

Installation or Lo-

cation

Project Amount

Virginia .................... Pentagon Reserva-

tion.

Pentagon electrical

upgrade ................ $19,272,000

Termination

date.

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126 STAT. 2132 PUBLIC LAW 112–239—JAN. 2, 2013

Subtitle B—Chemical Demilitarization

Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILI-

TARIZATION CONSTRUCTION, DEFENSE-WIDE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.— Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for military construction and land acquisition

for chemical demilitarization, as specified in the funding table in

section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under subsection

(a) and the project described in paragraph (2) of this subsection

may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

subsection (a), as specified in the funding table in section

4601.

(2) $158,969,000 (the balance of the amount authorized

for ammunition demilitarization at Blue Grass, Kentucky, by

section 2401(a) of the Military Construction Authorization Act

for Fiscal Year 2000 (division B of Public Law 106–65; 113

Stat. 835), as most recently amended by section 2412 of the

Military Construction Authorization Act for Fiscal Year 2011

(division B Public Law 111–383; 124 Stat. 4450).

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 1997 PROJECT.

(a) M

ODIFICATIONS

.—The table in section 2401(a) of the Military

Construction Authorization Act for Fiscal Year 1997 (division B

of Public Law 104–201; 110 Stat. 2775), as amended by section

2406 of the Military Construction Authorization Act for Fiscal Year

2000 (division B of Public Law 106–65; 113 Stat. 839), section

2407 of the Military Construction Authorization Act for Fiscal Year

2003 (division B of Public Law 107–314; 116 Stat. 2699), and

section 2413 of the Military Construction Authorization Act for

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat.

4697), is further amended—

(1) under the agency heading relating to Chemical Demili-

tarization Program, in the item relating to Pueblo Army Depot,

Colorado, by striking ‘‘$484,000,000’’ in the amount column

and inserting ‘‘$520,000,000’’; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$866,454,000’’.

(b) C

ONFORMING

MENDMENT

.—Section 2406(b)(2) of the Mili-

tary Construction Authorization Act for Fiscal Year 1997 (110 Stat.

2779), as so amended, is further amended by striking ‘‘$484,000,000’’

and inserting ‘‘$520,000,000’’.

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126 STAT. 2133 PUBLIC LAW 112–239—JAN. 2, 2013

TITLE XXV—NORTH ATLANTIC TREATY

ORGANIZATION SECURITY INVEST-

MENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment Program as pro-

vided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2012, for contributions by the Sec-

retary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

Program authorized by section 2501 as specified in the funding

table in section 4601.

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.

Subtitle A—Project Authorizations and

Authorization of Appropriations

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2606

and available for the National Guard and Reserve as specified

in the funding table in section 4601, the Secretary of the Army

may acquire real property and carry out military construction

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126 STAT. 2134 PUBLIC LAW 112–239—JAN. 2, 2013

projects for the Army National Guard locations inside the United

States, and in the amounts, set forth in the following table:

Army National Guard: Inside the United States

State Location Amount

Alabama .................. Fort McClellan .......................................... $5,400,000

Arkansas ................. Searcy ......................................................... $6,800,000

California ................ Fort Irwin .................................................. $25,000,000

Connecticut ............. Camp Hartell ............................................. $32,000,000

Delaware .................. Bethany Beach .......................................... $5,500,000

Florida ..................... Camp Blanding ......................................... $9,000,000

Miramar ..................................................... $20,000,000

Hawaii ..................... Kapolei ....................................................... $28,000,000

Idaho ........................ Orchard Training Area ............................. $40,000,000

Indiana .................... South Bend ................................................ $21,000,000

Terra Haute ............................................... $9,000,000

Iowa .......................... Camp Dodge .............................................. $3,000,000

Kansas ...................... Topeka ........................................................ $9,500,000

Kentucky .................. Frankfort ................................................... $32,000,000

Massachusetts ........ Camp Edwards .......................................... $22,000,000

Minnesota ............... Camp Ripley .............................................. $17,000,000

Arden Hills ................................................ $17,000,000

Missouri ................... Fort Leonard Wood ................................... $18,000,000

Kansas City ............................................... $1,900,000

Monett ........................................................ $820,000

Perryville ................................................... $700,000

Montana ................... Miles City .................................................. $11,000,000

New Jersey ............. Sea Girt ...................................................... $34,000,000

New York ................. Stormville .................................................. $24,000,000

Ohio .......................... Chillicothe .................................................. $3,100,000

Delaware .................................................... $12,000,000

Oklahoma ............... Camp Gruber ............................................. $25,000,000

Utah ........................ Camp Williams .......................................... $36,000,000

Washington ............. Fort Lewis .................................................. $35,000,000

West Virginia ......... Logan ......................................................... $14,200,000

Wisconsin ................ Wausau ...................................................... $10,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2606

and available for the National Guard and Reserve as specified

in the funding table in section 4601, the Secretary of the Army

may acquire real property and carry out military construction

projects for the Army National Guard locations outside the United

States, and in the amounts, set forth in the following table:

Army National Guard: Outside the United States

Country Location Amount

Guam ......................... Barrigada .................................................. $8,500,000

Puerto Rico .............. Camp Santiago ......................................... $3,800,000

Ceiba ......................................................... $2,200,000

Guaynabo .................................................. $15,000,000

Gurabo ...................................................... $14,700,000

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126 STAT. 2135 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army Reserve locations

inside the United States, and in the amounts, set forth in the

following table:

Army Reserve

State Location Amount

California .................... Fort Hunter Liggett ............................. $68,300,000

Tustin .................................................... $27,000,000

Illinois .......................... Fort Sheridan ........................................ $28,000,000

Maryland ...................... Aberdeen Proving Ground ................... $21,000,000

Baltimore ............................................... $10,000,000

Massachusetts ............. Devens Reserve Forces Training Area $8,500,000

Nevada ........................ Las Vegas .............................................. $21,000,000

New Jersey .................. Joint Base McGuire-Dix-Lakehurst .... $7,400,000

Washington ................. Joint Base Lewis-McChord .................. $40,000,000

Wisconsin .................... Fort McCoy ............................................ $47,800,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE

CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Navy may acquire real property and carry

out military construction projects for the Navy Reserve and Marine

Corps Reserve locations inside the United States, and in the

amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve

State Location Amount

Arizona .......................... Yuma .................................................... $5,379,000

Iowa ............................... Fort Des Moines .................................. $19,162,000

Louisiana ....................... New Orleans ........................................ $7,187,000

New York ..................... Brooklyn ............................................... $4,430,000

Texas ............................ Fort Worth ........................................... $11,256,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air National Guard

locations inside the United States, and in the amounts, set forth

in the following table:

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126 STAT. 2136 PUBLIC LAW 112–239—JAN. 2, 2013

Air National Guard

State Location Amount

California ...................... Fresno Yosemite International Air-

port Air National Guard ................. $11,000,000

Hawaii ........................... Joint Base Pearl Harbor-Hickam ...... $6,500,000

New Mexico ................... Kirtland Air Force Base ..................... $8,500,000

Wyoming ....................... Cheyenne Municipal Airport .............. $6,486,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECT.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out a military construction project for the Air Force Reserve

location inside the United States, and in the amount, set forth

in the following table:

Air Force Reserve

State Location Amount

New York .................... Niagara Falls International Airport ... $6,100,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD

AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2012, for the costs of acquisition,

architectural and engineering services, and construction of facilities

for the Guard and Reserve Forces, and for contributions therefor,

under chapter 1803 of title 10, United States Code (including the

cost of acquisition of land for those facilities), as specified in the

funding table in section 4601.

Subtitle B—Other Matters

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2010 PROJECTS.

(a) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

EADI

NESS

ENTER

ROJECT

, N

ORTH

EGAS

, N

EVADA

.—In the case

of the authorization contained in the table in section 2601 of the

Military Construction Authorization Act for Fiscal Year 2010 (divi-

sion B of Public Law 111–84; 123 Stat. 2648) for North Las Vegas,

Nevada, for construction of a Readiness Center, the Secretary of

the Army may construct up to 68,593 square feet of readiness

center, 10,000 square feet of unheated equipment storage area,

and 25,000 square feet of unheated vehicle storage, consistent with

the Army’s construction guidelines for readiness centers.

(b) A

UTHORITY TO

ARRY

RMY

ESERVE

ENTER

ROJECT

IRAMAR

, C

ALIFORNIA

.—In the case of the authorization contained

in the table in section 2602 of the Military Construction Authoriza-

tion Act for Fiscal Year 2010 (division B of Public Law 111–84;

123 Stat. 2649) for Camp Pendleton, California, for construction

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126 STAT. 2137 PUBLIC LAW 112–239—JAN. 2, 2013

of an Army Reserve Center, the Secretary of the Army may con-

struct an Army Reserve Center in the vicinity of the Marine Corps

Air Station, Miramar, California.

UTHORITY TO

ARRY

RMY

ESERVE

ENTER

ROJECT

RIDGEPORT

, C

ONNECTICUT

.—In the case of the authorization con-

tained in the table in section 2602 of the Military Construction

Authorization Act for Fiscal Year 2010 (division B of Public Law

111–84; 123 Stat. 2649) for Bridgeport, Connecticut, for construction

of an Army Reserve Center/Land, the Secretary of the Army may

construct an Army Reserve Center and acquire land in the vicinity

of Bridgeport, Connecticut.

SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2011 PROJECTS.

(a) A

UTHORITY TO

ARRY

RMY

ESERVE

ENTER

ROJECT

ORT

TORY

, V

IRGINIA

.—In the case of the authorization contained

in the table in section 2602 of the Military Construction Authoriza-

tion Act for Fiscal Year 2011 (division B of Public Law 111–383;

124 Stat. 4453) for Fort Story, Virginia, for construction of an

Army Reserve Center, the Secretary of the Army may construct

an Army Reserve Center in the vicinity of Fort Story, Virginia.

(b) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

ORT

HAFFEE

, A

RKANSAS

.—In the case of the authorization con-

tained in the table in section 2601 of the Military Construction

Authorization Act for Fiscal Year 2011 (division B of Public Law

111–383; 124 Stat. 4451) for Fort Chaffee, Arkansas, for construc-

tion of a Live Fire Shoot House, the Secretary of the Army may

construct up to 5,869 square feet of Live Fire Shoot House.

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

INDSOR

OCKS

, C

ONNECTICUT

.—In the case of the authorization

contained in the table in section 2601 of the Military Construction

Authorization Act for Fiscal Year 2011 (division B of Public Law

111–383; 124 Stat. 4451) for Windsor Locks, Connecticut, for

construction of a Readiness Center, the Secretary of the Army

may construct up to 119,510 square feet of a Readiness Center.

(d) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

ALAELOA

, H

AWAII

.—In the case of the authorization contained

in the table in section 2601 of the Military Construction Authoriza-

tion Act for Fiscal Year 2011 (division B of Public Law 111–383;

124 Stat. 4451) for Kalaeloa, Hawaii, for construction of a Combined

Support Maintenance Shop, the Secretary of the Army may con-

struct up to 137,548 square feet of a Combined Support Mainte-

nance Shop.

(e) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

ICHITA

, K

ANSAS

.—In the case of the authorization contained in

the table in section 2601 of the Military Construction Authorization

Act for Fiscal Year 2011 (division B of Public Law 111–383; 124

Stat. 4451) for Wichita, Kansas, for construction of a Field Mainte-

nance Shop, the Secretary of the Army may construct up to 62,102

square feet of a Field Maintenance Shop.

(f) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

INDEN

, L

OUISIANA

.—In the case of the authorization contained

in the table in section 2601 of the Military Construction Authoriza-

tion Act for Fiscal Year 2011 (division B of Public Law 111–383;

124 Stat. 4451) for Minden, Louisiana, for construction of a Readi-

ness Center, the Secretary of the Army may construct up to 90,944

square feet of a Readiness Center.

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126 STAT. 2138 PUBLIC LAW 112–239—JAN. 2, 2013

(g) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

AINT

NIGOES

, M

ARYLAND

.—In the case of the authorization con-

tained in the table in section 2601 of the Military Construction

Authorization Act for Fiscal Year 2011 (division B of Public Law

111–383; 124 Stat. 4451) for Saint Inigoes, Maryland, for construc-

tion of a Tactical Unmanned Aircraft System Facility, the Secretary

of the Army may construct up to 10,298 square feet of a Tactical

Unmanned Aircraft System Facility.

(h) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

AMP

RAFTON

, N

ORTH

AKOTA

.—In the case of the authorization

contained in the table in section 2601 of the Military Construction

Authorization Act for Fiscal Year 2011 (division B of Public Law

111–383; 124 Stat. 4451) for Camp Grafton, North Dakota, for

construction of a Readiness Center, the Secretary of the Army

may construct up to 68,671 square feet of a Readiness Center.

(i) A

UTHORITY TO

ARRY

RMY

ATIONAL

UARD

ROJECT

ATERTOWN

, S

OUTH

AKOTA

.—In the case of the authorization

contained in the table in section 2601 of the Military Construction

Authorization Act for Fiscal Year 2011 (division B of Public Law

111–383; 124 Stat. 4451) for Watertown, South Dakota, for construc-

tion of a Readiness Center, the Secretary of the Army may construct

up to 97,865 square feet of a Readiness Center.

(j) A

UTHORITY TO

ARRY

ATIONAL

UARD

ROJECT

ASHVILLE

, T

ENNESSEE

.—In the case of the authorization contained

in the table in section 2604 of the Military Construction Authoriza-

tion Act for Fiscal Year 2011 (division B of Public Law 111–383;

124 Stat. 4453) for Nashville International Airport, Tennessee, for

renovation of an Intelligence Squadron Facility, the Secretary of

the Air Force may convert up to 4,023 square meters of existing

facilities to bed down Intelligence Group and Remotely Piloted

Aircraft Remote Split Operations Group missions, consistent with

the Air National Guard’s construction guidelines for these missions.

SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2009 PROJECT.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2009 (division B

of Public Law 110–417; 122 Stat. 4658), the authorization set forth

in the table in subsection (b), as provided in section 2604 of that

Act (122 Stat. 4706), shall remain in effect until October 1, 2013,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2014, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Air National Guard: Extension of 2009 Project Authorizations

State

Installation or

Location

Project Amount

Mississippi ...... Gulfport-Biloxi Inter-

national Airport.

Relocate Munitions

Complex ............... $3,400,000

SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2010 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2010 (division B

of Public Law 111–84; 123 Stat. 2627), the authorizations set forth

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126 STAT. 2139 PUBLIC LAW 112–239—JAN. 2, 2013

in the tables in subsection (b), as provided in sections 2602 and

2604 of that Act (123 Stat. 2649, 2651), shall remain in effect

until October 1, 2013, or the date of the enactment of an Act

authorizing funds for military construction for fiscal year 2014,

whichever is later.

(b) T

ABLE

.—The tables referred to in subsection (a) are as

follows:

Army Reserve: Extension of 2010 Project Authorizations

State

Installation or

Location

Project Amount

California .......... Camp Pen-

dleton.

Army Reserve Center ......... $19,500,000

Connecticut ....... Bridgeport ........ Army Reserve Center/Land $18,500,000

Air National Guard: Extension of 2010 Project Authorization

State

Installation or

Location

Project Amount

Mississippi ....... Gulfport-Biloxi

Airport.

Relocate Base Entrance ........... $6,500,000

TITLE XXVII—BASE REALIGNMENT AND

CLOSURE ACTIVITIES

Subtitle A—Authorization of Appropriations

Sec. 2701. Authorization of appropriations for base realignment and closure activi-

ties funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorization of appropriations for base realignment and closure activi-

ties funded through Department of Defense Base Closure Account 2005.

Subtitle B—Other Matters

Sec. 2711. Consolidation of Department of Defense base closure accounts and au-

thorized uses of base closure account funds.

Sec. 2712. Revised base closure and realignment restrictions and Comptroller Gen-

eral assessment of Department of Defense compliance with codified base

closure and realignment restrictions.

Subtitle A—Authorization of

Appropriations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-

MENT AND CLOSURE ACTIVITIES FUNDED THROUGH

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

1990.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2012, for base realignment and clo-

sure activities, including real property acquisition and military

construction projects, as authorized by the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) and funded through the Department

of Defense Base Closure Account 1990 established by section 2906

of such Act as specified in the funding table in section 4601.

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126 STAT. 2140 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-

MENT AND CLOSURE ACTIVITIES FUNDED THROUGH

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2005.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2012, for base realignment and clo-

sure activities, including real property acquisition and military

construction projects, as authorized by the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) and funded through the Department

of Defense Base Closure Account 2005 established by section 2906A

of such Act as specified in the funding table in section 4601.

Subtitle B—Other Matters

SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE BASE CLO-

SURE ACCOUNTS AND AUTHORIZED USES OF BASE CLO-

SURE ACCOUNT FUNDS.

(a) E

STABLISHMENT OF

INGLE

EPARTMENT OF

EFENSE

ASE

LOSURE

CCOUNT

; U

SE OF

UNDS

.—The Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) is amended by striking sections

2906 and 2906A and inserting the following new section 2906:

‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.

‘‘(a) E

STABLISHMENT

.—There is hereby established on the books

of the Treasury an account to be known as the ‘Department of

Defense Base Closure Account’ which shall be administered by

the Secretary as a single account.

‘‘(b) C

REDITS TO

CCOUNT

.—There shall be credited to the

Account the following:

‘‘(1) Funds authorized for and appropriated to the Account.

‘‘(2) Funds transferred to the Account pursuant to section

2711(b) of the Military Construction Authorization Act for

Fiscal Year 2013.

‘‘(3) Funds that the Secretary may, subject to approval

in an appropriation Act, transfer to the Account from funds

appropriated to the Department of Defense for any purpose,

except that funds may be transferred under the authority of

this paragraph only after the date on which the Secretary

transmits written notice of, and justification for, such transfer

to the congressional defense committees.

‘‘(4) Proceeds received from the lease, transfer, or disposal

of any property at a military installation closed or realigned

under this part or the 1988 BRAC law.

‘‘(c) U

SE OF

CCOUNT

.—

‘‘(1) A

UTHORIZED PURPOSES

.—The Secretary may use the

funds in the Account only for the following purposes:

‘‘(A) To carry out the Defense Environmental Restora-

tion Program under section 2701 of title 10, United States

Code, and other environmental restoration and mitigation

activities at military installations closed or realigned under

this part or the 1988 BRAC law.

‘‘(B) To cover property management, disposal, and care-

taker costs incurred at military installations closed or

realigned under this part or the 1988 BRAC law.

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126 STAT. 2141 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(C) To cover costs associated with supervision, inspec-

tion, overhead, engineering, and design of military

construction projects undertaken under this part or the

1988 BRAC law before September 30, 2013, and subsequent

claims, if any, related to such activities.

‘‘(D) To record, adjust, and liquidate obligations prop-

erly chargeable to the following accounts:

‘‘(i) The Department of Defense Base Closure

Account 2005 established by section 2906A of this part,

as in effect on September 30, 2013.

‘‘(ii) The Department of Defense Base Closure

Account 1990 established by this section, as in effect

on September 30, 2013.

‘‘(iii) The Department of Defense Base Closure

Account established by section 207 of the 1988 BRAC

law, as in effect on September 30, 2013.

‘‘(2) S

OLE SOURCE OF FUNDS

.—The Account shall be the

sole source of Federal funds for the activities specified in para-

graph (1) at a military installation closed or realigned under

this part or the 1988 BRAC law.

‘‘(3) P

ROHIBITION ON USE OF ACCOUNT FOR NEW MILITARY

CONSTRUCTION

.—Except as provided in paragraph (1), funds

in the Account may not be used, directly or by transfer to

another appropriations account, to carry out a military

construction project, including a minor military construction

project, under section 2905(a) or any other provision of law

at a military installation closed or realigned under this part

or the 1988 BRAC law.

‘‘(d) D

ISPOSAL OR

RANSFER OF

OMMISSARY

TORES AND

ROP

ERTY

URCHASED

ITH

ONAPPROPRIATED

UNDS

.—

‘‘(1) D

EPOSIT OF PROCEEDS IN RESERVE ACCOUNT

.—If any

real property or facility acquired, constructed, or improved (in

whole or in part) with commissary store funds or non-

appropriated funds is transferred or disposed of in connection

with the closure or realignment of a military installation under

this part, a portion of the proceeds of the transfer or other

disposal of property on that installation shall be deposited

in the reserve account established under section 204(b)(7)(C)

of the 1988 BRAC law.

‘‘(2) The amount so deposited under paragraph (1) shall

be equal to the depreciated value of the investment made

with such funds in the acquisition, construction, or improve-

ment of that particular real property or facility. The depreciated

value of the investment shall be computed in accordance with

regulations prescribed by the Secretary.

‘‘(3) U

SE OF RESERVE FUNDS

.—Subject to the limitation

contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law,

amounts in the reserve account are hereby made available

to the Secretary, without appropriation and until expended,

for the purpose of acquiring, constructing, and improving—

‘‘(A) commissary stores; and

‘‘(B) real property and facilities for nonappropriated

fund instrumentalities.

‘‘(e) C

ONSOLIDATED

UDGET

USTIFICATION

ISPLAY FOR

CCOUNT

.—

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126 STAT. 2142 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(1) C

ONSOLIDATED BUDGET INFORMATION REQUIRED

.—The

Secretary shall establish a consolidated budget justification

display in support of the Account that for each fiscal year—

‘‘(A) details the amount and nature of credits to, and

expenditures from, the Account during the preceding fiscal

year;

‘‘(B) separately details the caretaker and environ-

mental remediation costs associated with each military

installation for which a budget request is made;

‘‘(C) specifies the transfers into the Account and the

purposes for which these transferred funds will be further

obligated, to include caretaker and environment remedi-

ation costs associated with each military installation;

‘‘(D) specifies the closure or realignment recommenda-

tion, and the base closure round in which the recommenda-

tion was made, that precipitated the inclusion of the mili-

tary installation; and

‘‘(E) details any intra-budget activity transfers within

the Account that exceeded $1,000,000 during the preceding

fiscal year or that are proposed for the next fiscal year

and will exceed $1,000,000.

‘‘(2) S

UBMISSION

.—The Secretary shall include the informa-

tion required by paragraph (1) in the materials that the Sec-

retary submits to Congress in support of the budget for a

fiscal year submitted by the President pursuant to section

1105 of title 31, United States Code.

‘‘(f) C

LOSURE OF

CCOUNT

; T

REATMENT OF

EMAINING

UNDS

.—

‘‘(1) C

LOSURE

.—The Account shall be closed at the time

and in the manner provided for appropriation accounts under

section 1555 of title 31, United States Code, except that unobli-

gated funds which remain in the Account upon closure shall

be held by the Secretary of the Treasury until transferred

by law after the congressional defense committees receive the

final report transmitted under paragraph (2).

‘‘(2) F

INAL REPORT

.—No later than 60 days after the closure

of the Account under paragraph (1), the Secretary shall

transmit to the congressional defense committees a report con-

taining an accounting of—

‘‘(A) all the funds credited to and expended from the

Account or otherwise expended under this part or the 1988

BRAC law; and

‘‘(B) any funds remaining in the Account.

‘‘(g) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘commissary store funds’ means funds

received from the adjustment of, or surcharge on, selling prices

at commissary stores fixed under section 2685 of title 10, United

States Code.

‘‘(2) The term ‘nonappropriated funds’ means funds received

from a nonappropriated fund instrumentality.

‘‘(3) The term ‘nonappropriated fund instrumentality’

means an instrumentality of the United States under the juris-

diction of the Armed Forces (including the Army and Air Force

Exchange Service, the Navy Resale and Services Support Office,

and the Marine Corps exchanges) which is conducted for the

comfort, pleasure, contentment, or physical or mental improve-

ment of members of the Armed Forces.

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126 STAT. 2143 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(4) The term ‘1988 BRAC law’ means title II of the Defense

Authorization Amendments and Base Closure and Realignment

Act (Public Law 100–526; 10 U.S.C. 2687 note).’’.

(b) C

LOSURE OF

XISTING

URRENT

CCOUNTS

; T

RANSFER OF

UNDS

.—

(1) C

LOSURE

.—Subject to paragraph (2), the Secretary of

the Treasury shall close, pursuant to section 1555 of title 31,

United States Code, the following accounts on the books of

the Treasury:

(A) The Department of Defense Base Closure Account

2005 established by section 2906A of the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note), as in effect

on the effective date of this section.

(B) The Department of Defense Base Closure Account

1990 established by section 2906 of the Defense Base Clo-

sure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note), as in effect

on the effective date of this section.

established by section 207 of the Defense Authorization

Amendments and Base Closure and Realignment Act

(Public Law 100–526; 10 U.S.C. 2687 note), as in effect

on the effective date of this section.

(2) T

RANSFER OF FUNDS

.—All amounts remaining in the

three accounts specified in paragraph (1) as of the effective

date of this section, shall be transferred, effective on that

date, to the Department of Defense Base Closure Account estab-

lished by section 2906 of the Defense Base Closure and Realign-

ment Act of 1990, as added by subsection (a).

(3) C

ROSS REFERENCES

.—Except as provided in this sub-

section or the context requires otherwise, any reference in

a law, regulation, document, paper, or other record of the

United States to an account specified in paragraph (1) shall

be deemed to be a reference to the Department of Defense

Base Closure Account established by section 2906 of the Defense

Base Closure and Realignment Act of 1990, as added by sub-

section (a).

ONFORMING

MENDMENTS

.—

(1) R

EPEAL OF FORMER ACCOUNT

.—Section 207 of the

Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note)

is repealed.

(2) R

EPEAL OF OBSOLETE REPORTING REQUIREMENT

.—Sec-

tion 2907 of the Defense Base Closure and Realignment Act

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note) is repealed.

(3) D

EFINITION

.—

(A) 1990

LAW

.—Section 2910(1) of the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note) is amended

by striking ‘‘1990 established by section 2906(a)(1)’’ and

inserting ‘‘established by section 2906(a)’’.

(B) 1988

LAW

.—The Defense Authorization Amend-

ments and Base Closure and Realignment Act (Public Law

100–526; 10 U.S.C. 2687 note) is amended—

10 USC 2687

note.

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126 STAT. 2144 PUBLIC LAW 112–239—JAN. 2, 2013

(i) in section 204(b)(7)(A), by striking ‘‘established

by section 207(a)(1)’’; and

(ii) in section 209(1), by striking ‘‘established by

section 207(a)(1)’’ and inserting ‘‘established by section

2906(a) of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101–

510; 10 U.S.C. 2687 note)’’.

(4) E

NVIRONMENTAL RESTORATION

.—Chapter 160 of title

10, United States Code, is amended—

(A) in section 2701(d)(2), by striking ‘‘Department of

Defense Base Closure Account 1990 or the Department

of Defense Base Closure Account 2005 established under

sections 2906 and 2906A’’ and inserting ‘‘Department of

Defense Base Closure Account established by section 2906’’;

(B) in section 2703(h)—

(i) by striking ‘‘the applicable Department of

Defense base closure account’’ and inserting ‘‘the

Department of Defense Base Closure Account estab-

lished under section 2906 of the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note)’’; and

(ii) by striking ‘‘the applicable base closure

account’’ and inserting ‘‘such base closure account’’;

and

1990’’ and inserting ‘‘Closure Account’’.

(5) D

EPARTMENT OF DEFENSE HOUSING FUNDS

.—Section

2883 of such title is amended—

(A) in subsection (c)—

(i) by striking subparagraph (G) of paragraph (1);

and

(ii) by striking subparagraph (G) of paragraph (2);

and

(B) in subsection (f)—

(i) in the first sentence, by striking ‘‘or (G)’’ both

places it appears; and

(ii) by striking the second sentence.

(d) E

FFECTIVE

ATE

.—This section and the amendments made

by this section shall take effect on the later of—

(1) October 1, 2013; and

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2014.

SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RESTRIC-

TIONS AND COMPTROLLER GENERAL ASSESSMENT OF

DEPARTMENT OF DEFENSE COMPLIANCE WITH CODIFIED

BASE CLOSURE AND REALIGNMENT RESTRICTIONS.

(a) C

IVILIAN

ERSONNEL

EDUCTIONS

ELOW

RESCRIBED

HRESHOLDS

.—Section 2687 of title 10, United States Code, is

amended—

(1) by redesignating subsection (e) as subsection (g) and

moving such subsection to the end of the section;

(2) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(3) by inserting after subsection (b) the following new sub-

section (c):

10 USC 2701

note.

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126 STAT. 2145 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(c) No action described in subsection (a) with respect to the

closure of, or realignment with respect to, any military installation

referred to in such subsection may be taken within five years

after the date on which a decision is made to reduce the civilian

personnel thresholds below the levels prescribed in such sub-

section.’’.

(b) C

OMPTROLLER

ENERAL

SSESSMENT

.—Not later than 180

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 reviewing the process and criteria

used by the Department of Defense to make decisions relating

to closures and realignments at military installations, including

closures and realignments occurring both above and below the

threshold levels specified in section 2687 of title 10, United States

Code.

ONFORMING

MENDMENTS

ELATING TO

EDESIGNATION

EFINITIONS

UBSECTION

.—Title 10, United States Code, is

amended as follows:

(1) Section 2391(d)(1) is amended by striking ‘‘section

2687(e)’’ and inserting ‘‘section 2687’’.

(2) Section 2667(i)(3) is amended by striking ‘‘section

2687(e)(1)’’ and inserting ‘‘section 2687’’.

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 mainte-

nance 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 De-

partment of the Navy, San Diego, California.

Deadline.

Reports.

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126 STAT. 2146 PUBLIC LAW 112–239—JAN. 2, 2013

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 Cen-

ter, 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 installa-

tions.

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 Wil-

liam J. Perry Center for Hemispheric Defense Studies.

Sec. 2855. Sense of Congress regarding establishment of military divers memorial

at Washington Navy Yard.

Sec. 2856. Limitation on availability of funds pending report regarding acquisition

of land and development of a training range facility adjacent to the Ma-

rine Corps Air Ground Combat Center Twentynine Palms, California.

Sec. 2857. Oversight and maintenance of closed base cemeteries overseas con-

taining 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.

Subtitle A—Military Construction Program

and Military Family Housing Changes

SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS.

Section 2853 of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘was approved originally’’

and inserting ‘‘was authorized’’;

(2) in subsection (b)—

(A) in paragraph (1), by adding at the end the following:

‘‘Any reduction in scope of work for a military construction

project shall not result in a facility or item of infrastructure

that is not complete and useable or does not fully meet

the mission requirement contained in the justification data

provided to Congress as part of the request for authoriza-

tion of the project, construction, improvement, or acquisi-

tion.’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) In this subsection, the term ‘scope of work’ refers to the

function, size, or quantity of a facility or item of complete and

useable infrastructure contained in the justification data provided

to Congress as part of the request for authorization of the project,

construction, improvement, or acquisition.’’;

(3) in subsection (c)(1)(A), by striking ‘‘and the reasons

therefor, including a description’’ and inserting ‘‘, the reasons

therefor, a certification that the mission requirement identified

in the justification data provided to Congress can be still be

met with the reduced scope, and a description’’; and

(4) by adding at the end the following new subsection:

‘‘(e) Notwithstanding the authority under subsections (a)

through (d), the Secretary concerned shall ensure compliance of

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126 STAT. 2147 PUBLIC LAW 112–239—JAN. 2, 2013

contracts for military construction projects and for the construction,

improvement, and acquisition of military family housing projects

with section 1341 of title 31 (commonly referred to as the ‘Anti-

Deficiency Act’).’’.

SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR MILITARY

INSTALLATIONS.

(a) M

ILITARY

NSTALLATION

ASTER

LANS

.—Subchapter III

of chapter 169 of title 10, United States Code, is amended by

inserting after section 2863 the following new section:

‘‘§ 2864. Master plans for major military installations

‘‘(a) P

LANS

EQUIRED

.—At a time interval prescribed by the

Secretary concerned (but not less frequently than once every 10

years), the commander of each major military installation under

the jurisdiction of the Secretary shall ensure that an installation

master plan is developed to address environmental planning,

sustainable design and development, sustainable range planning,

real property master planning, and transportation planning.

‘‘(b) T

RANSPORTATION

OMPONENT

.—The transportation compo-

nent of the master plan for a major military installation shall

be developed and updated in consultation with the metropolitan

planning organization designated for the metropolitan planning

area in which the military installation is located.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘major military installation’ has the meaning

given to the term ‘large site’ in the most recent version of

the Department of Defense Base Structure Report issued before

the time interval prescribed for development of installation

master plans arises under subsection (a).

‘‘(2) The terms ‘metropolitan planning area’ and ‘metropoli-

tan planning organization’ have the meanings given those terms

in section 134(b) of title 23 and section 5303(b) of title 49.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of subchapter III of chapter 169 of such title is amended

by inserting after the item relating to section 2863 the following

new item:

‘‘2864. Master plans for major military installations.’’.

SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING

PRIVATIZATION PROJECTS AND RELATED ANNUAL

REPORTING REQUIREMENTS.

(a) F

INANCIAL

NTEGRITY AND

CCOUNTABILITY

EASURES FOR

USTAINMENT OF

RIVATIZATION

ROJECTS

.—

(1) F

INANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES

REQUIRED

.—Section 2885 of title 10, United States Code, is

amended by adding at the end the following new subsection:

‘‘(f) F

INANCIAL

NTEGRITY AND

CCOUNTABILITY

EASURES

.—

(1) The regulations required by subsection (a) shall address the

following requirements for each military housing privatization

project upon the completion of the construction or renovation of

the housing units:

‘‘(A) The financial health and performance of the privatiza-

tion project, including the debt-coverage ratio of the project

and occupancy rates for the housing units.

‘‘(B) An assessment of the backlog of maintenance and

repair of the housing units.

Time period.

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126 STAT. 2148 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) If the debt service coverage for a military housing privatiza-

tion project falls below 1.0 or the occupancy rates for the housing

units of the project are below 75 percent for more than one year,

the Secretary concerned shall require the development of a plan

to address the financial risk of the project.’’.

(2) C

ONFORMING AMENDMENT

.—Subsection (a) of such sec-

tion is amended in the matter preceding paragraph (1) by

inserting before the period at the end of the first sentence

the following: ‘‘during the course of the construction or renova-

tion of the housing units’’.

(b) A

NNUAL

EPORTING

EQUIREMENTS

.—Section 2884 of such

title is amended by striking subsection (b) and inserting the fol-

lowing new subsections:

‘‘(b) A

NNUAL

EPORTS TO

CCOMPANY

UDGET

ATERIALS

.—

The Secretary of Defense shall include each year in the materials

that the Secretary submits to Congress in support of the budget

submitted by the President pursuant to section 1105 of title 31

the following:

‘‘(1) A separate report on the expenditures and receipts

during the preceding fiscal year covering each of the Funds

established under section 2883 of this title, including a descrip-

tion of the specific construction, acquisition, or improvement

projects from which funds were transferred and the privatiza-

tion projects or contracts to which those funds were transferred.

Each report shall also include, for each military department

or defense agency, a description of all funds to be transferred

to such Funds for the current fiscal year and the next fiscal

year.

‘‘(2) A report setting forth, by armed force, the following:

‘‘(A) An estimate of the amounts of basic allowance

for housing under section 403 of title 37 that will be paid,

during the current fiscal year and the fiscal year for which

the budget is submitted, to members of the armed forces

living in housing provided under the authorities in this

subchapter.

‘‘(B) The number of units of military family housing

and military unaccompanied housing upon which the esti-

mate under subparagraph (A) for the current fiscal year

and the next fiscal year is based.

‘‘(3) A description of the plans for housing privatization

activities to be carried out under this subchapter—

‘‘(A) during the fiscal year for which the budget is

submitted; and

‘‘(B) during the period covered by the then-current

future-years defense plan under section 221 of this title.

‘‘(4) A report identifying each family housing unit acquired

or constructed under this subchapter that is used, or intended

to be used, as quarters for a general officer or flag officer

and for which the total operation, maintenance, and repair

costs for the unit exceeded $50,000. For each housing unit

so identified, the report shall also include the total of such

operation, maintenance, and repair costs.

‘‘(c) A

NNUAL

EPORT ON

RIVATIZATION

ROJECTS

.—The Sec-

retary of Defense shall submit to the congressional defense commit-

tees a semi-annual report containing on evaluation of the status

of oversight and accountability measures under section 2885 of

this title for military housing privatization projects. To the extent

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126 STAT. 2149 PUBLIC LAW 112–239—JAN. 2, 2013

each Secretary concerned has the right to attain the information

described in this subsection, each report shall include, at a min-

imum, the following:

‘‘(1) An assessment of the backlog of maintenance and

repair at each military housing privatization project where

a significant backlog exists, including an estimation of the

cost of eliminating the maintenance and repair backlog.

‘‘(2) If the debt associated with a privatization project

exceeds net operating income or the occupancy rates for the

housing units are below 75 percent for more than one year,

the plan developed to mitigate the financial risk of the project.

‘‘(3) An assessment of any significant project variances

between the actual and pro forma deposits in the recapitaliza-

tion account.

‘‘(4) The details of any significant withdrawals from a

recapitalization account, including the purpose and rationale

of the withdrawal and, if the withdrawal occurs before the

normal recapitalization period, the impact of the early with-

drawal on the financial health of the project.

‘‘(5) An assessment of the extent to which the information

required to comply with paragraphs (1) through (4) has been

requested by the Secretaries, but has not been made available.

‘‘(6) An assessment of cost assessed to members of the

armed forces for utilities compared to utility rates in the local

area.’’.

SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUC-

TION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED

STATES.

Section 2808 of the Military Construction Authorization Act

for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.

1723), as most recently amended by section 2804 of the Military

Construction Authorization Act for Fiscal Year 2012 (division B

of Public Law 112–81; 125 Stat. 1685), is further amended—

(1) in subsection (c)—

(A) by striking paragraph (2);

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

and

the second sentence; and

(2) in subsection (h)—

(A) in paragraph (1), by striking ‘‘September 30, 2012’’

and inserting ‘‘September 30, 2013’’; and

(B) in paragraph (2), by striking ‘‘fiscal year 2013’’

and inserting ‘‘fiscal year 2014’’.

SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND PAYMENTS.

(a) R

EPORTS

EQUIRED

.—

(1) I

NITIAL REPORT

.—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 construction or renovation of Depart-

ment of Defense facilities with in-kind payments. The report

shall cover construction or renovation projects begun during

the preceding two years.

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126 STAT. 2150 PUBLIC LAW 112–239—JAN. 2, 2013

(2) U

PDATES

.—Not later than one year after submitting

the report required under paragraph (1), and annually there-

after for three years, the Comptroller General shall submit

to the congressional defense committees a report covering

projects begun since the most recent report.

(b) C

ONTENT

.—Each report required under subsection (a) shall

include the following elements:

(1) A listing of each facility constructed or renovated for

the Department of Defense as payment in kind.

(2) The value in United States dollars of that construction

or renovation.

(3) The source of the in-kind payment.

(4) The agreement pursuant to which the in-kind payment

was made.

(5) A description of the purpose and need for the construc-

tion or renovation.

Subtitle B—Real Property and Facilities

Administration

SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DEPARTMENT

OF DEFENSE MAY CONDUCT EXCHANGES OF REAL PROP-

ERTY AT CERTAIN MILITARY INSTALLATIONS.

Section 2869(a)(1) of title 10, United States Code, is amended—

(1) by striking ‘‘any eligible entity’’ and inserting ‘‘any

person’’;

(2) by striking ‘‘the entity’’ and inserting ‘‘the person’’;

and

(3) by striking ‘‘their control’’ and inserting ‘‘the person’s

control’’.

SEC. 2812. IDENTIFICATION REQUIREMENTS FOR ACCESS TO MILITARY

INSTALLATIONS.

(a) P

ROCEDURAL

EQUIREMENTS FOR

DENTIFICATION

ERIFICATION

.—Not later than 180 days after the date of the enact-

ment of this Act, the Secretary of Defense shall publish procedural

requirements regarding access to military installations in the

United States by individuals, including individuals performing work

under a contract awarded by the Department of Defense. The proce-

dural requirements may vary between military installations, or

parts of installations, depending on the nature of the installation,

the nature of the access granted, and the level of security required.

(b) I

SSUES

DDRESSED

.—The procedures required by subsection

(a) shall address, at a minimum, the following:

(1) The forms of identification to be required to permit

entry.

(2) The measures to be used to verify the authenticity

of such identification and identify individuals who seek

unauthorized access to a military installation through the use

of fraudulent identification or other means.

(3) The measures to be used to notify Department of

Defense security personnel of any attempt to gain unauthorized

access to a military installation.

Deadline.

Publication.

10 USC 113 note.

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126 STAT. 2151 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN CLOSED

MILITARY INSTALLATIONS AND ADDITIONAL AUTHORI-

TIES TO ASSIST LOCAL COMMUNITIES IN THE VICINITY

OF SUCH INSTALLATIONS.

(a) R

EPORT

EQUIRED

.—Not later than 270 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 disposition

of any closure of an active-duty military installation since 1988

in the United States that—

(1) was not subject to the property disposal provisions

contained in the Defense Base Closure and Realignment Act

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note); and

(2) for which property disposals have not been completed

as of the date of the enactment of this Act.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

(1) A description of the status of property described in

subsection (a).

(2) An assessment of the environmental conditions of, and

plans and costs for environmental remediation for, each such

property;

(3) The plan and schedule, if currently available, for the

disposal of each such property.

(4) A description of additional future financial liability or

other policy impacts to the Department of Defense that are

likely to be incurred in the event that statutory authorities

provided by Congress in connection with the disposition of

military installations closed under a base closure law are

extended to military installations closed apart from a base

closure law and for which property disposals have not been

completed as of the date of the enactment of this Act.

(5) Such recommendations, if any, as the Secretary of

Defense considers appropriate for additional authorities to

assist the Department in expediting the disposal of property

at closed military installations in order to facilitate economic

redevelopment for local communities.

EFINITIONS

.—In this section:

(1) The term ‘‘base closure law’’ has the meaning given

that term in section 101(a)(17) of title 10, United States Code.

(2) The term ‘‘military installation’’ means a base, camp,

post, station, yard, center, homeport facility for any ship, or

other activity under the jurisdiction of the Department of

Defense in the United States.

(3) The term ‘‘United States’’ means the several States,

the District of Columbia, the Commonwealth of Puerto Rico,

American Samoa, the Virgin Islands, the Commonwealth of

the Northern Mariana Islands, and Guam.

SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE MATERIEL

COMMAND ORGANIZATIONS.

(a) R

EPORT

EQUIRED

.—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 reorganiza-

tion of Air Force Materiel Command organizations.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include the following elements:

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126 STAT. 2152 PUBLIC LAW 112–239—JAN. 2, 2013

(1) An assessment of the efficiencies and effectiveness asso-

ciated with the reorganization of Air Force Materiel Command

organizations.

(2) An assessment of the organizational construct to deter-

mine how institutional synergies that were previously available

in a collocated center can be replicated in the new Air Force

Materiel Command Center reorganization, including an assess-

ment of the following Air Force Materiel Command capabilities:

(A) Science and Technology, Acquisition.

(B) Developmental Test and Evaluation.

(3) An assessment of synergistic efficiencies associated with

capabilities of collocated organizations of other commands,

including an assessment of the impact of the reorganization

of the Air Force Materiel Command on the responsibilities

of other commands regarding the following:

(A) Operational Test and Evaluation.

(B) Follow-on Operational Test and Evaluation.

(4) An assessment of how the Air Force reorganization

of Air Force Materiel Command is in adherence with section

2687 of title 10, United States Code.

(5) An analysis of the extent to which the proposed changes

in the Air Force management structure were coordinated with

the Office of the Secretary of Defense and the degree to which

any concerns raised by such Office were addressed in the

approach selected by the Air Force.

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 PROP-

ERTY UNDER THE JURISDICTION OF A MILITARY DEPART-

MENT.

Section 2662(a)(1) of title 10, United States Code, is amended

by adding at the end the following new subparagraph:

‘‘(H) Any transaction or contract action for the provision

and operation of energy production facilities on real property

under the jurisdiction of the Secretary of a military department,

as authorized by section 2922a(a)(2) of this title, if the term

of the transaction or contract exceeds 20 years.’’.

SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE

ENERGY COST SAVINGS TO PROMOTE ENERGY SECURITY.

Section 2912(b)(1) of title 10, United States Code, is amended

by inserting after ‘‘additional energy conservation’’ the following:

‘‘and energy security’’.

SEC. 2823. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR

LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN

(LEED) GOLD OR PLATINUM CERTIFICATION.

(a) A

DDITIONAL

EQUIREMENTS FOR

EPORT ON

NERGY

EFFI

CIENCY

TANDARDS

.—Subsection (a) of section 2830 of the Military

Construction Authorization Act for Fiscal Year 2012 (division B

of Public Law 112–81; 125 Stat. 1695) is amended—

(1) in paragraph (1), by striking ‘‘Not later than June

30, 2012, the’’ and inserting ‘‘The’’; and

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126 STAT. 2153 PUBLIC LAW 112–239—JAN. 2, 2013

(2) by striking paragraph (3) and inserting the following

new paragraph (3):

‘‘(3) D

EPARTMENT OF DEFENSE UNIFIED FACILITIES CRITERIA

AND RELATED POLICIES

.—The report shall also include the

Department of Defense Unified Facilities Criteria and related

Department of Defense policies, which shall be updated—

‘‘(A) to reflect comprehensive guidance for the pursuit

of design and building standards throughout the Depart-

ment of Defense that specifically address energy- and

water-efficient standards and sustainable design attributes

for military construction based on the cost-benefit analysis,

return on investment, total ownership costs, and dem-

onstrated payback of the design standards specified in sub-

paragraphs (A), (B), (C), and (D) of paragraph (2); and

‘‘(B) to ensure that the building design and certification

standards are applied to each military construction project

based on geographic location and local circumstances to

ensure maximum savings.’’.

(b) P

ROHIBITION ON

SE OF

UNDS FOR

LEED G

OLD OR

LAT

INUM

ERTIFICATION

ENDING

EPORT

.—Subsection (b)(1) of such

section is amended—

(1) by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for

fiscal year 2012 or 2013’’; and

(2) by inserting before the period at the end the following:

‘‘until the report required by subsection (a) is submitted to

the congressional defense committees’’.

SEC. 2824. GUIDANCE ON FINANCING FOR RENEWABLE ENERGY

PROJECTS.

(a) G

UIDANCE ON

SE OF

VAILABLE

INANCING

PPROACHES

.—

(1) I

SSUANCE

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall—

(A) issue guidance about the use of available financing

approaches for financing renewable energy projects; and

(B) direct the Secretaries of the military departments

to update their military department-wide guidance accord-

ingly.

(2) E

LEMENTS

.—The guidance issued pursuant to para-

graph (1) should describe the requirements and restrictions

applicable to the underlying authorities and any Department

of Defense-specific guidelines for using appropriated funds and

alternative-financing approaches for renewable energy projects

to maximize cost savings and energy efficiency for the Depart-

ment of Defense.

(b) G

UIDANCE ON

SE OF

USINESS

ASE

NALYSES

.—Not later

than 180 days after the date of the enactment of this Act, the

Secretary of Defense shall issue guidance that establishes and

clearly describes the processes used by the military departments

to select financing approaches for renewable energy projects to

ensure that business case analyses are completed to maximize

cost savings and energy efficiency and mitigate drawbacks and

risks associated with different financing approaches.

NFORMATION

HARING

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense shall

develop a formalized communications process, such as a shared

Internet website, that will enable officials at military installations

to have timely access on an ongoing basis to information related

Web site.

Deadlines.

10 USC 2911

note.

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126 STAT. 2154 PUBLIC LAW 112–239—JAN. 2, 2013

to financing renewable energy projects on other installations,

including best practices and lessons that officials at other installa-

tions have learned from their experiences in financing renewable

energy projects.

(d) C

ONSULTATION

.—The Secretary of Defense shall issue the

guidance under subsections (a) and (b) and develop the communica-

tions process under subsection (c) in consultation with the Under

Secretary of Defense for Acquisition, Technology, and Logistics and

the Deputy Under Secretary of Defense for Installations and

Environment. The Secretary of Defense shall also issue the guidance

under subsection (b) in consultation with the Secretaries of the

military departments.

SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT.

(a) R

EPORT

EQUIRED

.—Not later than June 30, 2013, the Sec-

retary of Defense shall submit to the congressional defense commit-

tees a report on the use of energy savings performance contracts

awarded by the Department of Defense during calendar years 2010,

2011, and 2012.

(b) E

LEMENTS OF

EPORT

.—The report shall include the fol-

lowing (identified for each military department separately):

(1) The amount of appropriated funds that were obligated

or expended during calendar years 2010, 2011, and 2012 for

energy savings performance contracts and any funds remaining

to be obligated or expended for such energy savings performance

contracts.

(2) The amount of such funds that have been used for

comprehensive retrofits.

(3) The amount of such funds that have been used to

leverage private sector capital, including the amount of such

capital.

(4) The amount of savings that have been achieved, or

that are expected to be achieved, as a result of such energy

savings performance contracts.

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 CONDI-

TION ON ESTABLISHMENT OF RANGE COMPLEX.

A Live Fire Training Range Complex on Guam may not be

established (including any construction or lease of lands related

to such establishment) in coordination with the realignment of

United States Armed Forces in the Pacific until the Secretary

of Defense certifies to the congressional defense committees that

there is a military training and readiness requirement for the

Live Fire Training Range Complex.

SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC

REGION.

(a) R

ESTRICTION ON

SE OF

UNDS FOR

EALIGNMENT

.—Except

as provided in subsection (c), none of the funds authorized to

be appropriated under this Act, and none of the amounts provided

by the Government of Japan for construction activities on land

Plans.

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126 STAT. 2155 PUBLIC LAW 112–239—JAN. 2, 2013

under the jurisdiction of the Department of Defense, may be obli-

gated to implement the realignment of Marine Corps forces from

Okinawa to Guam or Hawaii until each of the following occurs:

(1) The Commander of the United States Pacific Command

provides to the congressional defense committees an assessment

of the strategic and logistical resources needed to ensure the

distributed lay-down of members of the Marine Corps in the

United States Pacific Command Area of Responsibility meets

the contingency operations plans.

(2) The Secretary of Defense submits to the congressional

defense committees master plans for the construction of facili-

ties and infrastructure to execute the Marine Corps distributed

lay-down on Guam and Hawaii, including a detailed description

of costs and the schedule for such construction.

(3) The Secretary of the Navy submits a plan to the congres-

sional defense committees detailing the proposed investments

and schedules required to restore facilities and infrastructure

at Marine Corps Air Station Futenma.

(4) A plan coordinated by all pertinent Federal agencies

is provided to the congressional defense committees detailing

descriptions of work, costs, and a schedule for completion of

construction, improvements, and repairs to the non-military

utilities, facilities, and infrastructure, if any, on Guam affected

by the realignment of forces.

(b) R

ESTRICTION ON

EVELOPMENT OF

UBLIC

NFRASTRUC

TURE

.—If the Secretary of Defense determines that any grant,

cooperative agreement, transfer of funds to another Federal agency,

or supplement of funds available in fiscal year 2012 or 2013 under

Federal programs administered by agencies other than the Depart-

ment of Defense will result in the development (including repair,

replacement, renovation, conversion, improvement, expansion,

acquisition, or construction) of public infrastructure on Guam, the

Secretary of Defense may not carry out such grant, transfer,

cooperative agreement, or supplemental funding unless such grant,

transfer, cooperative agreement, or supplemental funding is specifi-

cally authorized by law.

XCEPTIONS TO

UNDING

ESTRICTION

.—The Secretary of

Defense may use funds described in subsection (a)—

(1) to complete additional analysis or studies required

under the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) for proposed actions on Guam or Hawaii;

(2) to initiate planning and design of construction projects

at Andersen Air Force Base and Andersen South; and

(3) to carry out any military construction project for which

an authorization of appropriations is provided in section 2204,

as specified in the funding table in section 4601.

(d) D

EFINITIONS

.—In this section:

(1) D

ISTRIBUTED LAY

DOWN

.—The term ‘‘distributed lay-

down’’ refers to the planned distribution of members of the

Marine Corps in Okinawa, Guam, Hawaii, Australia, and pos-

sibly elsewhere that is contemplated in support of the joint

statement of the United States–Japan Security Consultative

Committee issued April 26, 2012, in the District of Columbia

(April 27, 2012, in Tokyo).

(2) P

UBLIC INFRASTRUCTURE

.—The term ‘‘public infrastruc-

ture’’ means any utility, method of transportation, item of

equipment, or facility under the control of a public entity or

Determination.

Assessment.

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126 STAT. 2156 PUBLIC LAW 112–239—JAN. 2, 2013

State or local government that is used by, or constructed for

the benefit of, the general public.

(e) R

EPEAL OF

UPERSEDED

.—Section 2207 of the Military

Construction Authorization Act for Fiscal Year 2012 (division B

of Public Law 112-81; 125 Stat. 1668) is repealed.

Subtitle E—Land Conveyances

SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDERATION, BROAD-

WAY COMPLEX OF THE DEPARTMENT OF THE NAVY, SAN

DIEGO, CALIFORNIA.

Section 2732(b)(1)(A) of the Military Construction Authorization

Act, 1987 (division B of Public 99–661; 100 Stat. 4046) is amended

by striking ‘‘constructed on such real property by the lessees.’’

and inserting the following: ‘‘constructed by the lessees—

‘‘(i) on such real property; or

‘‘(ii) on other real property within the boundaries of the

metropolitan San Diego, California, area.’’.

SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYNDALL AIR

FORCE BASE, FLORIDA.

Section 2862(c) of the Military Construction Authorization Act

for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat.

869) is amended by striking ‘‘construct or improve military family

housing units’’ and all that follows through the period at the end

and inserting ‘‘improve or repair facilities at Tyndall Air Force

Base.’’.

SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE

CENTER, WARREN, OHIO.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Army may

convey, without consideration, to the Village of Lordstown, Ohio

(in this section referred to as the ‘‘Village’’), all right, title, and

interest of the United States in and to a parcel of real property,

including any improvements thereon, consisting of approximately

6.95 acres and containing the John Kunkel Army Reserve Center

located at 4967 Tod Avenue in Warren, Ohio, for the purpose

of permitting the Village to use the parcel for public purposes.

(b) I

NTERIM

EASE

.—Until such time as the real property

described in subsection (a) is conveyed to the Village, the Secretary

may lease the property to the Village.

EVERSIONARY

NTEREST

.—If the Secretary determines at

any time that the real property conveyed under subsection (a)

is not being used in accordance with the purpose of the conveyance

specified in subsection (a) or that the Village has violated a condi-

tion imposed by subsection (e), all right, title, and interest in

and to such real property, including any improvements thereto,

shall, at the option of the Secretary, revert to and become the

property of the United States, and the United States shall have

the right of immediate entry onto such real property. A determina-

tion by the Secretary under this subsection shall be made on the

record after an opportunity for a hearing.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary shall require the

Village to cover costs (except costs for environmental remedi-

ation of the property) to be incurred by the Secretary, or to

Determination.

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126 STAT. 2157 PUBLIC LAW 112–239—JAN. 2, 2013

reimburse the Secretary for such costs incurred by the Sec-

retary, to carry out the conveyance under subsection (a),

including survey costs, costs for environmental documentation,

and any other administrative costs related to the conveyance.

If amounts are collected from the Village in advance of the

Secretary incurring the actual costs, and the amount collected

exceeds the costs actually incurred by the Secretary to carry

out the conveyance, the Secretary shall refund the excess

amount to the Village.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover those costs incurred

by the Secretary in carrying out the conveyance. Amounts

so credited shall be merged with amounts in such fund or

account, and shall be available for the same purposes, and

subject to the same conditions and limitations, as amounts

in such fund or account.

(e) C

ONDITIONS OF

ONVEYANCE

.—The conveyance of the real

property under subsection (a) shall be subject to the following

conditions:

(1) That the Village not use any Federal funds to cover

any portion of the conveyance costs required by subsection

(d) to be paid by the Village or to cover the costs for the

design or construction of any facility on the property.

(2) That the Village begin using the property for public

purposes before the end of the five-year period beginning on

the date of conveyance.

(f) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(g) A

DDITIONAL

ERMS

.—The Secretary may require such addi-

tional terms and conditions in connection with the conveyance as

the Secretary considers appropriate to protect the interests of the

United States.

SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.

(a) C

ONVEYANCE

UTHORIZED

.—

(1) C

ONVEYANCE AUTHORITY

.—The Secretary of the Army

may convey, without consideration, to the Parks and Wildlife

Department of the State of Texas (in this section referred

to as the ‘‘Department’’) all right, title, and interest of the

United States in and to a parcel of real property, including

any improvements thereon, consisting of approximately 7,081

acres at Fort Bliss, Texas, for the purpose of permitting the

Department to establish and operate a park as an element

of the Franklin Mountains State Park.

(2) P

IECEMEAL CONVEYANCES

.—In anticipation of the

conveyance of the entire parcel of real property described in

paragraph (1), the Secretary may subdivide the parcel and

convey to the Department portions of the real property as

the Secretary determines that the condition of the real property

is compatible with the Department’s intended use of the prop-

erty.

(b) R

EVERSIONARY

NTEREST

.—If the Secretary determines at

any time that the real property conveyed under subsection (a)

is not being used in accordance with the purpose of the conveyance,

all right, title, and interest in and to such real property, including

Determination.

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126 STAT. 2158 PUBLIC LAW 112–239—JAN. 2, 2013

any improvements thereto, shall, at the option of the Secretary,

revert to and become the property of the United States, and the

United States shall have the right of immediate entry onto such

real property. A determination by the Secretary under this sub-

section shall be made on the record after an opportunity for a

hearing.

AYMENT OF

OSTS OF

ONVEYANCES

.—

(1) P

AYMENT REQUIRED

.—The Secretary shall require the

Department to cover costs to be incurred by the Secretary,

or to reimburse the Secretary for costs incurred by the Sec-

retary, to carry out the land conveyance under this section,

including survey costs, costs related to environmental docu-

mentation, and other administrative costs related to the convey-

ance. If amounts are collected from the Department in advance

of the Secretary incurring the actual costs, and the amount

collected exceeds the costs actually incurred by the Secretary

to carry out the land exchange, the Secretary shall refund

the excess amount to Department. This paragraph does not

apply to costs associated with the environmental remediation

of the property to be conveyed.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursements under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

by the Secretary in carrying out the land exchange. Amounts

so credited shall be merged with amounts in such fund or

account and shall be available for the same purposes, and

subject to the same conditions and limitations, as amounts

in such fund or account.

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

descriptions of the parcels of real property to be conveyed under

subsection (a) shall be determined by a survey satisfactory to the

Secretary.

(d) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT HOOD, TEXAS.

Section 2848(a) of the Military Construction Authorization Act

for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.

2140) is amended by striking ‘‘for the sole purpose’’ and all that

follows through ‘‘Central Texas.’’ and inserting the following: ‘‘for

the purpose of permitting the University System to use the prop-

erty—

‘‘(1) for the establishment of a State-supported university,

separate from other universities of the University System, des-

ignated as Texas A&M University, Central Texas; and

‘‘(2) for such other educational purposes as the University

System considers to be appropriate and the Secretary of the

Army determines to be compatible with military activities in

the vicinity of the property.’’.

SEC. 2846. LAND CONVEYANCE, LOCAL TRAINING AREA FOR

BROWNING ARMY RESERVE CENTER, UTAH.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Army may

convey, without consideration, to the State of Utah Department

of Veterans Affairs (in this section referred to as the ‘‘Department’’)

all right, title, and interest of the United States in and to a parcel

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126 STAT. 2159 PUBLIC LAW 112–239—JAN. 2, 2013

of unimproved real property consisting of approximately five acres

of the Local Training Area for the Browning Army Reserve Center,

Utah, for the purpose of constructing and operating a Community

Based Outpatient Clinic adjacent to the George E. Wahlen Veterans

Home in Ogden, Utah.

(b) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary may require the

Department to cover costs to be incurred by the Secretary,

or to reimburse the Secretary for costs incurred by the Sec-

retary, to carry out the conveyance under subsection (a),

including survey costs, costs related to environmental docu-

mentation, and other administrative costs related to the convey-

ance. If amounts paid to the Secretary in advance exceed the

costs actually incurred by the Secretary to carry out the convey-

ance, the Secretary shall refund the excess amount to the

Department.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

by the Department. Amounts so credited shall be merged with

amounts in such fund or account, and shall be available for

the same purposes, and subject to the same conditions and

limitations, as amounts in such fund or account.

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

(d) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

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.

(a) C

ALCULATION OF

UMBER OF

FFECTED

EMBERS

.—Sub-

section (a) of section 993 of title 10, United States Code, is amended

by adding at the end the following new sentence: ‘‘In calculating

the number of members to be reduced, the Secretary shall take

into consideration both direct reductions and indirect reductions.’’.

(b) N

OTICE

EQUIREMENTS

.—Subsection (b) of such section is

amended by striking paragraphs (1) through (3) and inserting the

following new paragraphs:

‘‘(1) the Secretary of Defense or the Secretary of the mili-

tary department concerned—

‘‘(A) submits to Congress a notice of the proposed reduc-

tion and the number of military and civilian personnel

assignments affected, including reductions in base oper-

ations support services and personnel to occur because

of the proposed reduction; and

‘‘(B) includes in the notice a justification for the reduc-

tion and an evaluation of the costs and benefits of the

reduction and of the local economic, strategic, and oper-

ational consequences of the reduction; and

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126 STAT. 2160 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) a period of 90 days expires following the day on which

the notice is submitted to Congress.’’.

EFINITIONS

.—Such section is further amended by adding

at the end the following new subsection:

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘indirect reduction’ means subsequent

planned reductions or relocations in base operations support

services and personnel able to occur due to the direct reductions.

‘‘(2) The term ‘military installation’ means a base, camp,

post, station, yard, center, homeport facility for any ship, or

other activity under the jurisdiction of the Department of

Defense, including any leased facility, which is located within

any of the several States, the District of Columbia, the

Commonwealth of Puerto Rico, American Samoa, the Virgin

Islands, the Commonwealth of the Northern Mariana Islands,

or Guam. Such term does not include any facility used primarily

for civil works, rivers and harbors projects, or flood control

projects.’’.

SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUPPORT MILI-

TARY MUSEUM PROGRAMS AND USE OF COOPERATIVE

AGREEMENTS WITH NONPROFIT ENTITIES FOR MILITARY

MUSEUM AND MILITARY EDUCATIONAL INSTITUTION

PROGRAMS.

(a) A

CCEPTANCE OF

IFTS AND

ERVICES

.—

(1) I

N GENERAL

.—Subsection (a) of section 2601 of title

10, United States Code, is amended—

(A) by striking ‘‘Subject to subsection (d)(2), the’’ and

inserting ‘‘(1) The’’; and

(B) by adding at the end the following new paragraph:

‘‘(2)(A) Notwithstanding section 1342 of title 31, the Secretary

concerned may accept a gift of services for a military museum

program from a nonprofit entity established for the purpose of

supporting a military museum program. Employees or personnel

of a nonprofit entity who provide a gift of services under this

subparagraph may not be considered to be employees of the United

States.

‘‘(B) For the use and benefit of a military museum program,

the Secretary concerned may solicit from a bona fide collector a

gift of books, manuscripts, works of art, historical artifacts,

drawings, plans, models, or condemned or obsolete combat mate-

riel.’’.

(2) C

ONFORMING AMENDMENTS

.—Such section is further

amended—

(A) in subsection (b)(1), by striking ‘‘Subject to sub-

section (d)(2), the’’ and inserting ‘‘The’’;

(B) in subsection (d)—

(i) in paragraph (1), by striking ‘‘subsection (b)’’

and inserting ‘‘such subsections’’; and

(ii) in paragraph (2), by striking ‘‘and money may

not be accepted under subsection (a) and property,

money, and services may not be accepted under sub-

section’’ and inserting ‘‘, money, and services may not

be accepted under subsection (a) or’’; and

under subsection (a) and any property, money, or services

Time period.

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126 STAT. 2161 PUBLIC LAW 112–239—JAN. 2, 2013

accepted under subsection’’ and inserting ‘‘, money, or serv-

ices accepted under subsection (a) or’’.

(b) A

UTHORITY FOR

OOPERATIVE

GREEMENTS

.—

(1) I

N GENERAL

.—Chapter 155 of such title is amended

by adding at the end the following new section:

‘‘§ 2615. Military museums and military education programs:

cooperative agreement authority

‘‘(a) U

UTHORIZED

.—The Secretary concerned may enter

into a cooperative agreement with a nonprofit entity for purposes

related to—

‘‘(1) a military museum program; or

‘‘(2) the support of a military educational institution pro-

gram.

‘‘(b) C

OOPERATIVE

GREEMENT

ESCRIBED

.—For purposes of

subsection (a), an authorized cooperative agreement is described

in section 6305 of title 31, except that the use of a cooperative

agreement by the Secretary concerned is limited to nonprofit enti-

ties.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘2615. Military museums and military education programs: cooperative agreement

authority.’’.

SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS

APPLICABLE TO FUNDING FOR DATA SERVERS AND CEN-

TERS.

Section 2867(c) of the Military Construction Authorization Act

for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat.

1706; 10 U.S.C. 2223a note) is amended—

(1) by striking ‘‘E

XCEPTION

.—The Chief’’ and inserting the

following: ‘‘E

XCEPTIONS

.—

‘‘(1) I

NTELLIGENCE COMPONENTS

.—The Chief’’; and

(2) by inserting at the end the following new paragraph:

‘‘(2) R

ESEARCH

DEVELOPMENT

TEST

AND EVALUATION PRO

GRAMS

.—The Chief Information Officer of the Department may

exempt from the applicability of this section research, develop-

ment, test, and evaluation programs that use authorization

of appropriations for the High Performance Computing Mod-

ernization Program (Program Element 0603461A) if the Chief

Information Officer determines that the exemption is in the

best interest of national security.’’.

SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMISPHERIC

DEFENSE STUDIES AS THE WILLIAM J. PERRY CENTER

FOR HEMISPHERIC DEFENSE STUDIES.

(a) R

EDESIGNATION

.—The Department of Defense regional

center for security studies known as the Center for Hemispheric

Defense Studies is hereby renamed the ‘‘William J. Perry Center

for Hemispheric Defense Studies’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) R

EFERENCE TO REGIONAL CENTERS FOR STRATEGIC

STUDIES

.—Section 184 of title 10, United States Code, is

amended—

10 USC 184 note.

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126 STAT. 2162 PUBLIC LAW 112–239—JAN. 2, 2013

(A) in subsection (b)(2)(C), by striking ‘‘The Center

for Hemispheric Defense Studies’’ and inserting ‘‘The Wil-

liam J. Perry Center for Hemispheric Defense Studies’’;

and

(B) in subsection (f)(5), by striking ‘‘the Center for

Hemispheric Defense Studies’’ and inserting ‘‘the William

J. Perry Center for Hemispheric Defense Studies’’.

(2) A

CCEPTANCE OF GIFTS AND DONATIONS

.—Section

2611(a)(2)(C) of such title is amended by striking ‘‘Center for

Hemispheric Defense Studies.’’ and inserting ‘‘William J. Perry

Center for Hemispheric Defense Studies.’’.

EFERENCES

.—Any reference to the Department of Defense

Center for Hemispheric Defense Studies in any law, regulation,

map, document, record, or other paper of the United States shall

be deemed to be a reference to the William J. Perry Center for

Hemispheric Defense Studies.

SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF

MILITARY DIVERS MEMORIAL AT WASHINGTON NAVY

YARD.

It is the sense of Congress that the Secretary of the Navy

should provide an appropriate site at the former Navy Dive School

at the Washington Navy Yard for a memorial to honor the members

of the Armed Forces who have served as divers and whose service

in defense of the United States has been carried out beneath the

waters of the world, subject to the conditions that—

(1) the memorial be paid for with private funds; and

(2) the Secretary of the Navy retain exclusive authority

to approve the design and site of the memorial.

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.

(a) F

INDINGS

.—Congress makes the following findings:

(1) The Marine Corps has studied the feasibility of

acquiring land and developing a training range facility to con-

duct Marine Expeditionary Brigade level live-fire training on

or near the West Coast.

(2) The Bureau of Land Management estimates on national

economic impact show $261,500,000 in commerce at risk.

(3) Economic impact on the local community is estimated

to be $71,100,000.

(b) L

IMITATION OF

UNDS

ENDING

EPORT

.—

(1) I

N GENERAL

.—The Secretary of the Navy may not obli-

gate or expend funds for the transfer of land or development

of a new training range on land adjacent to the Marine Corps

Air Ground Combat Center Twentynine Palms, California, until

the Secretary of the Navy has provided the congressional

defense committees a report on the Marine Corps’ efforts with

respect to the proposed training range.

(2) E

LEMENTS OF REPORT

.—The report required under para-

graph (1) shall be submitted not later than 90 days after

the date of the enactment of this Act and shall include the

following:

10 USC 184 note.

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126 STAT. 2163 PUBLIC LAW 112–239—JAN. 2, 2013

(A) A description of the actual training requirements

for the proposed range and where those training require-

ments are currently being met to support combat deploy-

ments.

(B) Identification of the impact on off-road vehicle rec-

reational users of the land, the economic impact on the

local economy, the recreation industry, and any other stake-

holders.

Bureau of Land Management regarding their assessments

of the impact on other users.

(D) Identification of the impact on the State of Califor-

nia’s 1980 Desert Conservation Plan regarding allocation

of the Off Highway Vehicle Recreation Areas.

(E) An evaluation of the potential to use the same

land without transfer, but under specific permits for use

provided by the Bureau of Land Management (as such

permits are used at other locations from the Forest Service

and Bureau of Land Management).

(F) An evaluation of any potential impacts on other

Bureau of Land Management lands proximate to Marine

Corps Air Ground Combat Center Twentynine Palms or

other locations in the geographic region.

(3) S

ECRETARY OF DEFENSE WAIVER

.—In the event of urgent

national need, the Secretary of Defense may notify the congres-

sional defense committees and waive the requirement for the

report required under paragraph (1).

SEC. 2857. OVERSIGHT AND MAINTENANCE OF CLOSED BASE CEME-

TERIES OVERSEAS CONTAINING THE REMAINS OF MEM-

BERS OF THE ARMED FORCES OR CITIZENS OF THE

UNITED STATES.

(a) O

VERSIGHT AND

AINTENANCE

LAN

EQUIRED

.—Not later

than 30 days after the closure of a United States military installa-

tion located outside of the United States that includes a cemetery

containing the remains of members of the Armed Forces or citizens

of the United States, the Secretary of Defense shall submit to

the Committees on Armed Services of the Senate and the House

of Representatives a report containing a plan to ensure the oversight

and continued operation and maintenance of the cemetery.

(b) P

LAN

LEMENTS

.—The plan for a military installation ceme-

tery outside of the United States required by subsection (a) shall—

(1) specify the Federal agency or private entity that will

assume responsibility for the operation and maintenance of

the cemetery following the closure of the installation; and

(2) describe the information with regard to the cemetery

that has been provided to the responsible agency or private

entity.

SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED FORCES

HISTORICAL STORAGE AND PRESERVATION FACILITY.

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 setting forth an assessment of the

feasability and advisability of establishing a joint Armed Forces

historical storage and preservation facility. The report shall include

a description and assessment of the current capacities and qualities

Deadline.

Reports.

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126 STAT. 2164 PUBLIC LAW 112–239—JAN. 2, 2013

of the historical storage and preservation installations of each of

the Armed Forces, including the following:

(1) An identification of any excess capacity at any such

installation.

(2) An identification of any shortfalls in the capacity or

quality of such installations of any Armed Force, and a descrip-

tion of possible actions to address such shortfalls.

SEC. 2859. ESTABLISHMENT OF COMMEMORATIVE WORK TO GOLD

STAR MOTHERS.

(a) E

LIGIBLE

EDERAL

AND

.—In this section, the term ‘‘eligible

Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area

II’’ on the map numbered 869/86501 B and dated June 24, 2003.

The term does not include the Reserve (as defined in section 8902(a)

of title 40, United States Code).

(b) C

OMMEMORATIVE

ORK

UTHORIZED

.—The Gold Star Moth-

ers National Monument Foundation may establish a commemora-

tive work on eligible Federal land to commemorate the sacrifices

made by mothers, and made by their sons and daughters who

as members of the Armed Forces make the ultimate sacrifice, in

defense of the United States.

OMPLIANCE

ITH

TANDARDS FOR

OMMEMORATIVE

ORKS

.—Chapter 89 of title 40, United States Code, and other

applicable Federal laws and regulations shall apply to the establish-

ment of the commemorative work authorized by this section.

(d) P

ROHIBITION ON

SE OF

EDERAL

UNDS

.—The Gold Star

Mothers National Monument Foundation may not use Federal funds

to establish the commemorative work authorized by this section.

(e) D

EPOSIT OF

XCESS

UNDS

.—

(1) U

PON ESTABLISHMENT OF COMMEMORATIVE WORK

.—If,

upon payment of all expenses for the establishment of the

commemorative work authorized by this section (including the

maintenance and preservation amounts required by section

8906(b)(1) of title 40, United States Code), there remains a

balance of funds received for the establishment of the

commemorative work, the Gold Star Mothers National Monu-

ment Foundation shall transmit the amount of the balance

to the account provided for in section 8906(b)(3) of such title.

(2) U

PON EXPIRATION OF AUTHORITY TO ESTABLISH

COMMEMORATIVE WORK

.—If, upon expiration of the authority

for the commemorative work under section 8903(e) of title

40, United Sates Code, there remains a balance of funds

received for the establishment of the commemorative work,

the Gold Star Mothers National Monument Foundation shall

transmit the amount of the balance to a separate account

with the National Park Foundation for memorials, to be avail-

able to the Secretary of the Interior or Administrator of General

Services (as appropriate) following the process provided in sec-

tion 8906(b)(4) of such title for accounts established under

section 8906(b)(3) of such title.

SEC. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK TO SLAVES

AND FREE BLACK PERSONS WHO SERVED IN AMERICAN

REVOLUTION.

(a) E

LIGIBLE

EDERAL

AND

.—In this section, the term ‘‘eligible

Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area

II’’ on the map numbered 869/86501 B and dated June 24, 2003.

40 USC 8903

note.

Applicability.

40 USC 8903

note.

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126 STAT. 2165 PUBLIC LAW 112–239—JAN. 2, 2013

The term does not include the Reserve (as defined in section 8902(a)

of title 40, United States Code).

(b) C

OMMEMORATIVE

ORK

UTHORIZED

.—The National Mall

Liberty Fund D.C. may establish a memorial on eligible Federal

land to honor the more than 5,000 courageous slaves and free

Black persons who served as soldiers and sailors or provided civilian

assistance during the American Revolution.

OMPLIANCE

ITH

TANDARDS FOR

OMMEMORATIVE

ORKS

.—Chapter 89 of title 40, United States Code, and other

applicable Federal laws and regulations shall apply to the establish-

ment of the commemorative work authorized by this section.

(d) P

ROHIBITION ON

SE OF

EDERAL

UNDS

.—The National

Mall Liberty Fund D.C. may not use Federal funds to establish

the commemorative work authorized by this section.

(e) D

EPOSIT OF

XCESS

UNDS

.—

(1) U

PON ESTABLISHMENT OF COMMEMORATIVE WORK

.—If,

upon payment of all expenses for the establishment of the

commemorative work authorized by this section (including the

maintenance and preservation amounts required by section

8906(b)(1) of title 40, United States Code), there remains a

balance of funds received for the establishment of the

commemorative work, the National Mall Liberty Fund D.C.

shall transmit the amount of the balance to the account pro-

vided for in section 8906(b)(3) of such title.

(2) U

PON EXPIRATION OF AUTHORITY TO ESTABLISH

COMMEMORATIVE WORK

.—If, upon expiration of the authority

for the commemorative work under section 8903(e) of title

40, United Sates Code, there remains a balance of funds

received for the establishment of the commemorative work,

the National Mall Liberty Fund D.C. shall transmit the amount

of the balance to a separate account with the National Park

Foundation for memorials, to be available to the Secretary

of the Interior or Administrator of General Services (as appro-

priate) following the process provided in section 8906(b)(4) of

such title for accounts established under section 8906(b)(3)

of such title.

(f) R

EPEAL OF

OINT

ESOLUTIONS

.—Public Law 99–558 (110

Stat. 3144; 40 U.S.C. 8903 note) and Public Law 100–265 (102

Stat. 39; 40 U.S.C. 8903 note) are repealed.

TITLE XXIX—OVERSEAS CONTINGENCY

OPERATIONS MILITARY CONSTRUC-

TION

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

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECT.

(a) O

UTSIDE THE

NITED

TATES

.—The Secretary of the Navy

may acquire real property and carry out the military construction

project for the installation outside the United States, and in the

amount, set forth in the following table:

Applicability.

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126 STAT. 2166 PUBLIC LAW 112–239—JAN. 2, 2013

Navy: Outside the United States

Country Installation Amount

Djibouti .................. Camp Lemonier ............................. $99,420,000

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2012, for the military construction project outside the

United States authorized by subsection (a) as specified in the

funding table in section 4602.

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZA-

TIONS 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 pluto-

nium at Savannah River Site, Aiken, South Carolina.

Sec. 3117. Transparency in contractor performance evaluations by the National Nu-

clear 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 De-

partment of Energy and National Nuclear Security Administration.

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

tracts.

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 stew-

ardship, 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 competi-

tion related to nuclear weapons.

Sec. 3145. Report on defense nuclear nonproliferation programs.

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126 STAT. 2167 PUBLIC LAW 112–239—JAN. 2, 2013

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 labora-

tories.

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 reli-

ability 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.

Subtitle A—National Security Programs

Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2013 for the activities of the National Nuclear Security

Administration in carrying out programs as specified in the funding

table in section 4701.

(b) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out new plant

projects for the National Nuclear Security Administration as follows:

Project 13–D–301, Electrical Infrastructure Upgrades,

Lawrence Livermore National Laboratory, Livermore, Cali-

fornia, and Los Alamos National Laboratory, Los Alamos,

New Mexico, $23,000,000.

Project 13–D–903, Kesselring Site Prototype Staff

Building, Kesselring Site, West Milton, New York,

$14,000,000.

Project 13–D–904, Kesselring Site Radiological Work

and Storage Building, Kesselring Site, West Milton, New

York, $2,000,000.

Project 13–D–905, Remote-Handled Low-Level Waste

Disposal Project, Idaho National Laboratory, $8,890,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2013 for defense environmental

cleanup activities in carrying out programs as specified in the

funding table in section 4701.

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126 STAT. 2168 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2013 for other defense activities

in carrying out programs as specified in the funding table in section

4701.

Subtitle B—Program Authorizations,

Restrictions, and Limitations

SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE

ADMINISTRATOR.

(a) C

AP ON

ULL

TIME

QUIVALENT

OSITIONS

.—

(1) I

N GENERAL

.—Subtitle C of the National Nuclear Secu-

rity Administration Act (50 U.S.C. 2441 et seq.) is amended

by inserting after section 3241 the following new section:

‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF

THE ADMINISTRATOR.

‘‘(a) F

ULL

TIME

QUIVALENT

ERSONNEL

EVELS

.—

‘‘(1) T

OTAL NUMBER

.—By October 1, 2014, the total number

of employees of the Office of the Administrator may not exceed

1,825.

‘‘(2) E

XCESS

.—For fiscal year 2015 and each fiscal year

thereafter, the Administrator may not exceed the total number

of employees authorized under paragraph (1) unless, during

each fiscal year in which such total number exceeds 1,825,

the Administrator submits to the congressional defense commit-

tees a report justifying such excess.

‘‘(b) C

OUNTING

ULE

.—(1) A determination of the number of

employees in the Office of the Administrator under subsection (a)

shall be expressed on a full-time equivalent basis.

‘‘(2) Except as provided by paragraph (3), in determining the

total number of employees in the Office of the Administrator under

subsection (a), the Administrator shall count each employee of

the Office without regard to whether the employee is located at

the headquarters of the Administration, a site office of the Adminis-

tration, a service or support center of the Administration, or any

other location.

‘‘(3) The following employees may not be counted for purposes

of determining the total number of employees in the Office of

the Administrator under subsection (a):

‘‘(A) Employees of the Office of Naval Reactors.

‘‘(B) Employees of the Office of Secure Transportation.

‘‘(C) Members of the Armed Forces detailed to the Adminis-

tration.

‘‘(D) Personnel supporting the Office of the Administrator

pursuant to the mobility program under subchapter VI of

chapter 33 of title 5, United States Code (commonly referred

to as the ‘Intergovernmental Personnel Act Mobility Program’).

‘‘(c) V

OLUNTARY

ARLY

ETIREMENT

.—In accordance with sec-

tion 3523 of title 5, United States Code, the Administrator may

offer voluntary separation or retirement incentives to meet the

total number of employees authorized under subsection (a).

‘‘(d) U

SE OF

IPA.—The Administrator shall ensure that the

expertise of the national security laboratories and the nuclear

Determination.

Reports.

Deadline.

50 USC 2441a.

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126 STAT. 2169 PUBLIC LAW 112–239—JAN. 2, 2013

weapons production facilities is made available to the Administra-

tion, the Department of Energy, the Department of Defense, other

Federal agencies, and Congress through the temporary assignment

of personnel from such laboratories and facilities pursuant to the

Intergovernmental Personnel Act Mobility Program and other

similar programs.’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of such Act is amended by inserting after the item

relating to section 3241 the following new item:

‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’.

(b) I

NCREASE IN

XCEPTED

OSITIONS

.—

(1) I

N GENERAL

.—Section 3241 of the National Nuclear

Security Administration Act (50 U.S.C. 2441) is amended—

(A) by striking ‘‘300’’ and inserting ‘‘600’’;

(B) by inserting ‘‘contracting, program management,’’

before ‘‘scientific’’; and

‘‘To ensure that the excepted positions established under

this section are used, the Administrator, to the extent

practicable, shall appoint an individual to such an excepted

position to replace the vacancy of a nonexcepted position.’’.

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended by inserting ‘‘

CONTRACTING

PROGRAM MANAGE

MENT

,’’ before ‘‘

SCIENTIFIC

’’.

(3) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of such Act is amended by striking the item relating

to section 3241 and inserting the following new item:

‘‘Sec. 3241. Authority to establish certain contracting, program management, sci-

entific, engineering, and technical positions.’’.

SEC. 3112. BUDGET JUSTIFICATION MATERIALS.

Section 3251(b) of the National Nuclear Security Administration

Act (50 U.S.C. 2451(b)) is amended—

(1) by striking ‘‘In the’’ and inserting ‘‘(1) In the’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) In the budget justification materials submitted to Congress

in support of each such budget, the Administrator shall include

an assessment of how the budget maintains the core nuclear

weapons skills of the Administration, including nuclear weapons

design, engineering, production, testing, and prediction of stockpile

aging.’’.

SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.

(a) NNSA C

OUNCIL

.—Section 4102 of the Atomic Energy

Defense Act (50 U.S.C. 2512) is amended to read as follows:

‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SECURITY

ENTERPRISE.

‘‘(a) I

ENERAL

.—The Administrator shall establish a manage-

ment structure for the nuclear security enterprise in accordance

with the National Nuclear Security Administration Act (50 U.S.C.

2401 et seq.).

‘‘(b) N

ATIONAL

UCLEAR

ECURITY

DMINISTRATION

OUNCIL

.—

(1) The Administrator shall establish a council to be known as

the ‘National Nuclear Security Administration Council’. The Council

may advise the Administrator on—

Establishment.

Assessment.

Appointment.

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126 STAT. 2170 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(A) scientific and technical issues relating to policy mat-

ters;

‘‘(B) operational concerns;

‘‘(C) strategic planning;

‘‘(D) the development of priorities relating to the mission

and operations of the Administration and the nuclear security

enterprise; and

‘‘(E) such other matters as the Administrator determines

appropriate.

‘‘(2) The Council shall be composed of the directors of the

national security laboratories and the nuclear weapons production

facilities.

‘‘(3) The Council may provide the Administrator or the Sec-

retary of Energy recommendations for improving the—

‘‘(A) governance, management, effectiveness, and efficiency

of the Administration; and

‘‘(B) any other matter in accordance with paragraph (1).

‘‘(4) Not later than 60 days after the date on which any rec-

ommendation under paragraph (3) is received, the Administrator

or the Secretary, as the case may be, shall respond to the Council

with respect to whether such recommendation will be implemented

and the reasoning for implementing or not implementing such rec-

ommendation.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by striking the item relating to section

4102 and inserting the following new item:

‘‘Sec. 4102. Management structure for nuclear security enterprise.’’.

SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-

LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL

LABORATORY, NEW MEXICO.

(a) P

ROJECT

EQUIRED

.—

(1) I

N GENERAL

.—Subtitle A of title XLII of the Atomic

Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by

adding at the end the following new section:

‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-

LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL

LABORATORY, NEW MEXICO.

‘‘(a) R

EPLACEMENT

UILDING

EQUIRED

.—The Secretary of

Energy shall construct at Los Alamos National Laboratory, New

Mexico, a building to replace the functions of the existing Chemistry

and Metallurgy Research Building at Los Alamos National Labora-

tory associated with Department of Energy Hazard Category 2

special nuclear material operations.

‘‘(b) L

IMITATION ON

OST

.—The cost of the building constructed

under subsection (a) may not exceed $3,700,000,000. If the Secretary

determines the cost will exceed such amount, the Secretary shall

submit a detailed justification for such increase to the congressional

defense committees.

‘‘(c) P

ROJECT

ASIS

.—The construction authorized by subsection

(a) shall use as its basis the facility project in the Department

of Energy Readiness and Technical Base designated 04–D–125

(chemistry and metallurgy facility replacement project at Los

Alamos National Laboratory).

‘‘(d) A

SSISTANCE

.—(1) In carrying out this section, the Secretary

shall procure the services of the Commander of the Naval Facilities

Contracts.

Determination.

50 USC 2535.

Deadline.

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126 STAT. 2171 PUBLIC LAW 112–239—JAN. 2, 2013

Engineering Command to assist the Secretary with respect to the

program management, oversight, and design activities of the project

authorized by subsection (a).

‘‘(2) The Secretary shall carry out this subsection using funds

made available for the National Nuclear Security Administration.

‘‘(e) D

EADLINE FOR

OMMENCEMENT OF

PERATIONS

.—The

building constructed under subsection (a) shall commence oper-

ations by not later than December 31, 2026.’’.

(2) C

LERICAL AND TECHNICAL AMENDMENT

.—The table of

contents at the beginning of such Act is amended by inserting

after the item relating to section 4214, as added by section

3131(g)(2), the following new item:

‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building,

Los Alamos National Laboratory, New Mexico.’’.

(b) F

UNDING

.—

(1) F

ISCAL YEAR 2013 FUNDS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), of the amounts authorized to be appropriated by this

Act for fiscal year 2013 for the National Nuclear Security

Administration, $70,000,000 shall be available for the

construction of the building authorized by section 4215

of the Atomic Energy Defense Act, as added by subsection

(a).

(B) E

XCEPTION

.—The following amounts authorized to

be appropriated by this Act for fiscal year 2013 for the

National Nuclear Security Administration shall not be

available for the construction of the building:

(i) Amounts available for Directed Stockpile Work.

(ii) Amounts available for Naval Reactors.

(iii) Amounts available for the facility project in

the Department of Energy Readiness and Technical

Base designated 06–D–141.

(2) P

RIOR FISCAL YEAR FUNDS

.—Amounts authorized to be

appropriated for the Department of Energy for a fiscal year

before fiscal year 2013 and available for the facility project

in the Department of Energy Readiness and Technical Base

designated 04–D–125 (chemistry and metallurgy facility

replacement project at Los Alamos National Laboratory, New

Mexico) shall be available for the construction of the building

authorized by section 4215 of the Atomic Energy Defense Act,

as added by subsection (a).

IMITATION ON

LTERNATIVE

LUTONIUM

TRATEGY

.—No

funds authorized to be appropriated by this Act or any other Act

may be obligated or expended on any activities associated with

a plutonium strategy for the National Nuclear Security Administra-

tion that does not include achieving full operational capability of

the replacement project by December 31, 2026, as required by

section 4215(e) of the Atomic Energy Defense Act, as added by

subsection (a).

(d) N

AVAL

EACTOR

TUDY

.—

(1) I

N GENERAL

.—The Deputy Administrator for Naval

Reactors shall conduct a study of the replacement project,

including an analysis of the cost, benefits, and risks with

respect to nuclear safety.

(2) S

UBMISSION

.—Not later than 18 months after the date

of the enactment of this Act, the Deputy Administrator shall

Deadline.

Reports.

Recommenda-

tions.

50 USC 2535

note.

Deadline.

50 USC 2535

note.

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126 STAT. 2172 PUBLIC LAW 112–239—JAN. 2, 2013

submit to the congressional defense committees a report on

the study under paragraph (1), including recommendations of

the Deputy Administrator with respect to the project structure,

oversight model, and potential cost savings of the replacement

project.

(3) C

ONSIDERATION OF RECOMMENDATIONS

.—In carrying out

the replacement project, the Secretary of Energy shall consider

the recommendations made by the Deputy Administrator in

the report under paragraph (2) and incorporate such rec-

ommendations into the project as the Secretary considers appro-

priate.

(4) F

UNDING

.—The Secretary of Energy and the Deputy

Administrator shall carry out this subsection using funds

authorized to be appropriated by this Act or otherwise made

available for the National Nuclear Security Administration that

are not made available for the Naval Nuclear Propulsion Pro-

gram.

(e) R

EPLACEMENT

ROJECT

EFINED

.—In this section, the term

‘‘replacement project’’ means the replacement project for the Chem-

istry and Metallurgy Research Building authorized by section 4215

of the Atomic Energy Defense Act, as added by subsection (a).

SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS.

(a) P

ROTOTYPES

.—Subtitle A of title XLV of the Atomic Energy

Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS

FOR INTELLIGENCE PURPOSES.

‘‘(a) P

ROTOTYPES

.—The Administrator shall develop and carry

out a plan for the national security laboratories and nuclear

weapons production facilities to design and build prototypes of

nuclear weapons to further intelligence estimates with respect to

foreign nuclear weapons activities.

‘‘(b) P

ROHIBITION ON

RODUCTION OF

UCLEAR

IELDS

.—In car-

rying out subsection (a), the Administrator may not conduct any

experiments that produce a nuclear yield.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by inserting after the item relating

to section 4508 the following new item:

‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence pur-

poses.’’.

SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION

OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER

SITE, AIKEN, SOUTH CAROLINA.

Section 4306 of the Atomic Energy Defense Act (50 U.S.C.

2566) is amended—

(1) in subsection (a)(3)—

(A) in subparagraph (C), by striking ‘‘2012’’ and

inserting ‘‘2014’’; and

(B) in subparagraph (D), by striking ‘‘2017’’ and

inserting ‘‘2019’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘by January 1, 2012’’;

and

(B) in paragraph (5), by striking ‘‘2012’’ and inserting

‘‘2014’’;

Plans.

50 USC 2660.

50 USC 2535

note.

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126 STAT. 2173 PUBLIC LAW 112–239—JAN. 2, 2013

(3) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

‘‘2012’’ and inserting ‘‘2014’’;

(B) in paragraph (1), by striking ‘‘2014’’ and inserting

‘‘2016’’; and

it appears and inserting ‘‘2022’’;

(4) in subsection (d)—

(A) in paragraph (1)—

(i) by striking ‘‘2014’’ and inserting ‘‘2016’’; and

(ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; and

(B) in paragraph (2)(A), by striking ‘‘2020’’ each place

it appears and inserting ‘‘2022’’; and

(5) in subsection (e), by striking ‘‘2023’’ and inserting

‘‘2025’’.

SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUA-

TIONS BY THE NATIONAL NUCLEAR SECURITY ADMINIS-

TRATION LEADING TO AWARD FEES.

(a) P

UBLICATION

EQUIRED

.—

(1) I

N GENERAL

.—Subtitle A of title XLVIII of the Atomic

Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by

adding at the end the following new section:

‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUA-

TIONS LEADING TO AWARD FEES.

‘‘(a) I

ENERAL

.—The Administrator shall take appropriate

actions to make available to the public, to the maximum extent

practicable, contractor performance evaluations conducted by the

Administration of management and operating contractors of the

nuclear security enterprise that results in the award of an award

fee to the contractor concerned.

‘‘(b) F

ORMAT

.—Performance evaluations shall be made public

under this section in a common format that facilitates comparisons

of performance evaluations between and among similar manage-

ment and operating contracts.’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of such Act is amended by inserting after the item

relating to section 4803 the following new items:

‘‘Sec. 4804. Notice-and-wait requirement applicable to certain third-party financing

arrangements.

‘‘Sec. 4805. Publication of contractor performance evaluations leading to award

fees.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act,

and shall apply with respect to contractor performance evaluations

conducted by the National Nuclear Security Administration on or

after that date.

SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPT-

ANCE OF CONTRIBUTIONS FOR ACCELERATION OF

REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIO-

LOGICAL MATERIALS, AND RELATED EQUIPMENT AT

VULNERABLE SITES WORLDWIDE.

(a) P

ROGRAMS FOR

HICH

UNDS

CCEPTED

.—Para-

graph (2) of section 3132(f) of the Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f))

is amended to read as follows:

Applicability.

50 USC 2785

note.

Public

information.

50 USC 2785.

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126 STAT. 2174 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) P

ROGRAMS COVERED

.—The programs described in this

paragraph are any programs within the Office of Defense

Nuclear Nonproliferation of the National Nuclear Security

Administration.’’.

(b) E

XTENSION

.—Paragraph (7) of such section is amended by

striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2018’’.

SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF

EXCELLENCE ON NUCLEAR SECURITY.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2013 for

the National Nuclear Security Administration, not more than

$7,000,000 may be obligated or expended for the United States-

China Center of Excellence on Nuclear Security until the date

on which the Secretary of Energy submits to the appropriate

congressional committees the report under subsection (b)(2).

(b) N

UCLEAR

ECURITY

.—

(1) R

EVIEW

.—The Secretary of Energy, in coordination with

the Secretary of Defense, shall conduct a review of the existing

and planned nonproliferation activities with the People’s

Republic of China as of the date of the enactment of this

Act to determine if the engagement is directly or indirectly

supporting the proliferation of nuclear weapons development

and technology to other nations.

(2) R

EPORT

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Energy shall submit

to the appropriate congressional committees a report certifying

that the activities reviewed under paragraph (1) are not contrib-

uting to the proliferation of nuclear weapons development and

technology to other nations.

ORM

.—The report under subsection (b)(2) may be submitted

in unclassified form and may include a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

SEC. 3120. IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND

OPERATIONS OF THE DEPARTMENT OF ENERGY AND

NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) I

ENERAL

.—The Secretary of Energy and the Adminis-

trator for Nuclear Security shall review and, to the extent prac-

ticable, revise the Department of Energy Acquisition Regulation

and other regulations, rules, directives, orders, and policies that

apply to the administration, execution, and oversight of the missions

and operations of the Department of Energy and the National

Nuclear Security Administration to improve and streamline such

administration, execution, and oversight.

(b) I

MPROVEMENT AND

TREAMLINING

.—In carrying out sub-

section (a), the Secretary and the Administrator shall review and,

to the extent practicable, carry out the following actions:

(1) Streamline business processes and structures to reduce

unnecessary, burdensome, or duplicative approvals.

(2) Delegate approval for work for others agreements and

cooperative research and development agreements (except those

Review.

Revisions.

42 USC 7251.

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126 STAT. 2175 PUBLIC LAW 112–239—JAN. 2, 2013

that the Secretary or Administrator determine are high value

or unique) to the lowest appropriate officials and streamline

the approval processes.

(3) Establish processes for ensuring routine or low-risk

procurement and subcontracting decisions are made at the

discretion of the management and operating contractors while

ensuring that the Secretary or Administrator apply appropriate

oversight.

(4) Assess procurement thresholds as of the date of the

enactment of this Act and take steps as appropriate to adjust

such thresholds.

(5) Eliminate duplicative or low-value reports and data

calls and ensure consistency in management and cost-

accounting data.

(6) Actions to otherwise streamline, clarify, and eliminate

redundancy in the regulations, rules, directives, orders, and

policies described by subsection (a).

RIEFING

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary and the Adminis-

trator shall provide to the appropriate congressional committees

a briefing on the review conducted under subsection (a),

including the status of such review and any actions taken

or planned to be taken to improve and streamline the regula-

tions, rules, directives, orders, and policies described in such

subsection.

(2) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Natural Resources

of the Senate and the Committee on Energy and Commerce

of the House of Representatives.

SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGE-

MENT AND OPERATING CONTRACTS.

(a) R

EPORTS

EQUIRED

.—The Administrator for Nuclear Secu-

rity shall submit to the congressional defense committees a report

described in subsection (b) by not later than 30 days after the

date on which the Administrator awards a contract to manage

and operate a facility of the National Nuclear Security Administra-

tion.

(b) R

EPORT

ESCRIBED

.—A report described in this subsection

is a report on a contract described by subsection (a) that includes—

(1) the expected cost savings resulting from the competition

for the contract over the life of the contract;

(2) the costs of the competition for the contract, including

the immediate costs of conducting the competition and any

increased costs over the life of the contract;

(3) a description of—

(A) any disruption or delay in mission activities or

deliverables resulting from the competition for the contract;

and

(B) any benefits of the competition to mission perform-

ance or operations;

Deadline.

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126 STAT. 2176 PUBLIC LAW 112–239—JAN. 2, 2013

(4) how the competition for the contract complied with

the Federal Acquisition Regulation regarding federally funded

research and development centers, if applicable; and

(5) any other matters the Administrator considers appro-

priate.

EVIEW

.—Not later than 90 days after each report

is submitted to the congressional defense committees under sub-

section (a) or (d)(2), the Comptroller General of the United States

shall submit to such committees a review of such report.

(d) A

PPLICABILITY

.—

(1) I

N GENERAL

.—The requirement for reports under sub-

section (a) shall apply with respect to a contract described

by such subsection that is awarded by the Administrator during

fiscal years 2013 through 2017.

(2) F

ISCAL YEARS 2012 AND 2013 CONTRACTS

.—For each con-

tract described by subsection (a) that is awarded by the

Administrator during fiscal years 2012 or 2013 before the date

of the enactment of this Act, the Administrator shall submit

to the congressional defense committees a report described

in subsection (b) by not later than 90 days after the date

of such enactment.

SEC. 3122. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR NON-

PROLIFERATION.

(a) P

ROGRAM

EQUIRED

.—

(1) S

CIENTIFIC ENGAGEMENT

.—The Secretary of Energy,

acting through the Administrator for Nuclear Security, shall

carry out a program on scientific engagement in countries

selected by the Secretary for purposes of the program to

advance global nonproliferation and nuclear security efforts.

(2) E

LEMENTS

.—The program under paragraph (1) shall

include the following elements:

(A) Training and capacity-building to strengthen non-

proliferation and security best practices.

(B) Engagement of scientists of the United States with

foreign counterparts to advance nonproliferation goals.

(3) D

ISTINCT PROGRAM

.—The program required by this sub-

section shall be a distinct program from the Global Initiatives

for Proliferation Prevention program.

(b) L

IMITATION

.—

(1) R

EPORT ON COMMENCEMENT OF PROGRAM

.—Of the funds

authorized to be appropriated by this Act or otherwise made

available for fiscal year 2013 or any fiscal year thereafter

for the National Nuclear Security Administration, not more

than 50 percent may be obligated or expended under the pro-

gram under subsection (a) until the date on which the Adminis-

trator submits to the appropriate congressional committees a

report setting forth the following:

(A) For each country selected for the program as of

the date of such report—

(i) a proliferation threat assessment prepared by

the Director of National Intelligence; and

(ii) metrics for evaluating the effectiveness of the

program.

(B) Accounting standards for the conduct of the pro-

gram approved by the Comptroller General of the United

States.

50 USC 2562.

Reports.

Deadline.

Time period.

Deadline.

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126 STAT. 2177 PUBLIC LAW 112–239—JAN. 2, 2013

(2) F

ORM

.—The report under paragraph (1) may be sub-

mitted in unclassified form and may include a classified annex.

EPORTS ON

ODIFICATION OF

ROGRAM

.—

(1) I

N GENERAL

.—Not later than 15 days before making

any modification in the program under subsection (a) (including

selecting a new country for the program, ceasing the selection

of a country for the program, or modifying an element of the

program), the Administrator shall submit to the appropriate

congressional committees a report on the modification.

(2) N

EW COUNTRY

.—If the modification covered by a report

under paragraph (1) consists of the selection for the program

of a country not previously selected for the program, the report

shall include, for each such country, the matters described

in subsection (b)(1)(A).

(3) F

ORM

.—The report under paragraph (1) may be sub-

mitted in unclassified form and may include a classified annex.

(d) R

EPORT ON

OORDINATION

ITH

THER

U.S. N

ONPROLIFERA

TION

ROGRAMS

.—Not later than 180 days after the date of the

enactment of this Act, the Administrator shall submit to the appro-

priate congressional committees a report describing the manner

in which the program under subsection (a) coordinates with and

complements, but does not duplicate, other nonproliferation pro-

grams of the Federal Government.

(e) C

OMPTROLLER

ENERAL

EPORT

.—

(1) I

N GENERAL

.—Not later than two years after the date

of the enactment of this Act, the Comptroller General of the

United States shall submit to the appropriate congressional

committees a report on the program under subsection (a).

(2) M

ATTERS INCLUDED

.—The report under paragraph (1)

shall include the following:

(A) An assessment by the Comptroller General of the

effectiveness of the program, as determined in accordance

with the metrics described in subsection (b)(1)(A)(ii).

(B) An assessment of how the program coordinates

with, complements, or duplicates other nonproliferation

programs of the Federal Government.

troller General considers appropriate.

(f) T

ERMINATION

.—The authority to carry out the program

under subsection (a) shall expire on September 30, 2016.

(g) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—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. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES

REPLACEMENT PROJECT.

(a) E

XECUTION

HASES FOR

ROJECT

.—Project 06–D–141 for

the Y–12 Uranium Processing Facility, Y–12 National Security

Complex, Oak Ridge, Tennessee, shall be hereafter known as the

‘‘Uranium Capabilities Replacement Project’’. The project shall be

broken into separate execution phases as follows:

(1) Phase I, which shall consist of—

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126 STAT. 2178 PUBLIC LAW 112–239—JAN. 2, 2013

(A) processes and capabilities associated with building

9212, including uranium casting and uranium chemical

processing; and

(B) the support, administration, and logistics facilities

and the building structure and building-level utilities

needed to carry out Phases II and III.

(2) Phase II, which shall consist of processes and capabili-

ties associated with buildings 9215 and 9998, including ura-

nium metal-working, machining, and inspection.

(3) Phase III, which shall consist of processes and capabili-

ties associated with building 9204–2E, including radiography,

assembly, disassembly, quality evaluation, and production cer-

tification operations of nuclear weapon secondaries.

(b) B

UDGETING AND

UTHORIZATION FOR

ACH

HASE

.—

(1) B

UDGETING FOR EACH PHASE REQUIRED

.—The Secretary

of Energy shall budget separately for each Phase under sub-

section (a) of the project referred to in that subsection.

(2) F

UNDING PURSUANT TO SEPARATE AUTHORIZATIONS OF

APPROPRIATIONS

.—Except as provided by paragraph (3), the

Secretary may not proceed with a Phase under subsection (a)

of the project referred to in that subsection except with funds

expressly authorized to be appropriated for that Phase by law.

(3) U

NUSED FUNDING FROM PHASE I

.—After Phase I under

subsection (a) is completed, the Secretary may use any unobli-

gated funds made available for such Phase for Phase II or

Phase III if the Secretary notifies the congressional defense

committees before using such funds for Phase II or Phase

III.

OMPLIANCE OF

HASES

ITH

DOE O

RDER ON

ROGRAM

AND

ROJECT

ANAGEMENT

.—Each Phase under subsection (a) of

the project referred to in that subsection shall comply with Depart-

ment of Energy Order 413.3, relating to Program Management

and Project Management for the Acquisition of Capital Assets.

(d) L

IMITATION ON

OST OF

HASE

I.—The total cost of Phase

I under subsection (a) of the project referred to in that subsection

may not exceed $4,200,000,000. If the Administrator determines

the total cost of Phase I will exceed $4,200,000,000, the Adminis-

trator shall submit to the congressional defense committees a

detailed justification for such increase.

(e) A

SSISTANCE

.—

(1) NAVFAC.—In carrying out this section, the Secretary

shall procure the services of the Commander of the Naval

Facilities Engineering Command to assist the Secretary with

respect to the program management, oversight, and design

activities of the project referred to in subsection (a).

(2) S

OURCE OF FUNDING

.—The Secretary shall carry out

paragraph (1) using funds made available for the National

Nuclear Security Administration.

(f) GAO Q

UARTERLY

EPORTS

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, and quarterly thereafter until

the date on which the project referred to in subsection (a)

is completed, the Comptroller General of the United States

shall submit to the congressional defense committees a report

on all Phases under such subsection.

(2) M

ATTERS INCLUDED

.—The reports under paragraph (1)

shall include—

Contracts.

Determination.

Notification.

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126 STAT. 2179 PUBLIC LAW 112–239—JAN. 2, 2013

(A) the progress on adhering to cost projections for

the project referred to in subsection (a) and the progress

on meeting the requirements of section 4713 of the Atomic

Energy Defense Act (50 U.S.C. 2753);

(B) the status of the technology readiness levels for

equipment and processes that will accompany each Phase

under subsection (a);

(D) the programmatic structure of the relationship

between the prime contractor and subcontractors; and

(E) any other issue that the Comptroller General deter-

mines appropriate with respect to the requirements, cost,

schedule, or technology readiness levels of such project.

(g) N

AVAL

EACTOR

TUDY

.—

(1) I

N GENERAL

.—The Deputy Administrator for Naval

Reactors shall conduct a study of the project referred to in

subsection (a), including an analysis of the cost, benefits, and

risks with respect to nuclear safety.

(2) S

UBMISSION

.—Not later than one year after the date

of the enactment of this Act, the Deputy Administrator shall

submit to the congressional defense committees a report on

the study under paragraph (1), including recommendations of

the Deputy Administrator with respect to the project structure,

oversight model, and potential cost savings of the project

referred to in subsection (a).

(3) C

ONSIDERATION OF RECOMMENDATIONS

.—In carrying out

the project referred to in subsection (a), the Secretary of Energy

shall consider the recommendations made by the Deputy

Administrator in the report under paragraph (2) and incor-

porate such recommendations into the project as the Secretary

considers appropriate.

(4) F

UNDING

.—The Secretary and the Deputy Administrator

shall carry out this subsection using funds authorized to be

appropriated by this Act or otherwise made available for the

National Nuclear Security Administration that are not made

available for the Naval Nuclear Propulsion Program.

(h) CAPE R

EVIEW

.—Not later than 180 days after the date

of the enactment of this Act, the Director of Cost Assessment

and Program Evaluation of the Department of Defense shall submit

to the congressional defense committees a review of the cost and

schedule of the project referred to in subsection (a).

Subtitle C—Improvements to National

Security Energy Laws

SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DEFENSE ACT.

(a) D

EFINITIONS

.—

(1) I

N GENERAL

.—Section 4002 of the Atomic Energy

Defense Act (50 U.S.C. 2501) is amended to read as follows:

‘‘SEC. 4002. DEFINITIONS.

‘‘In this division:

‘‘(1) The term ‘Administration’ means the National Nuclear

Security Administration.

‘‘(2) The term ‘Administrator’ means the Administrator for

Nuclear Security.

Deadline.

Reports.

Recommenda-

tions.

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126 STAT. 2180 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(3) The term ‘classified information’ means any informa-

tion that has been determined pursuant to Executive Order

No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive

Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or

successor orders, to require protection against unauthorized

disclosure and that is so designated.

‘‘(4) The term ‘congressional defense committees’ means—

‘‘(A) the Committee on Armed Services and the Com-

mittee on Appropriations of the Senate; and

‘‘(B) the Committee on Armed Services and the Com-

mittee on Appropriations of the House of Representatives.

‘‘(5) The term ‘nuclear security enterprise’ means the phys-

ical facilities, technology, and human capital of the national

security laboratories and the nuclear weapons production facili-

ties.

‘‘(6) The term ‘national security laboratory’ means any of

the following:

‘‘(A) Los Alamos National Laboratory, Los Alamos, New

Mexico.

‘‘(B) Sandia National Laboratories, Albuquerque, New

Mexico, and Livermore, California.

‘‘(C) Lawrence Livermore National Laboratory, Liver-

more, California.

‘‘(7) The term ‘nuclear weapons production facility’ means

any of the following:

‘‘(A) The Kansas City Plant, Kansas City, Missouri.

‘‘(B) The Pantex Plant, Amarillo, Texas.

‘‘(C) The Y–12 National Security Complex, Oak Ridge,

Tennessee.

‘‘(D) The Savannah River Site, Aiken, South Carolina.

‘‘(E) The Nevada National Security Site, Nevada.

‘‘(F) Any facility of the Department of Energy that

the Secretary of Energy, in consultation with the Adminis-

trator and Congress, determines to be consistent with the

mission of the Administration.

‘‘(8) The term ‘restricted data’ has the meaning given such

term in section 11 y. of the Atomic Energy Act of 1954 (42

U.S.C. 2014(y)).’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4002 and inserting the

following new item:

‘‘Sec. 4002. Definitions.’’.

(b) S

TOCKPILE

TEWARDSHIP

.—Section 4201(b)(5)(E) of the

Atomic Energy Defense Act (50 U.S.C. 2521(b)(5)(E)) is amended

by striking ‘‘(as defined in section 3281 of the National Nuclear

Security Administration Act (50 U.S.C. 2471))’’.

NNUAL

SSESSMENTS

.—Section 4205 of the Atomic Energy

Defense Act (50 U.S.C. 2525) is amended by striking subsection

(i).

(d) T

ESTING OF

UCLEAR

EAPONS

.—

(1) I

N GENERAL

.—Section 4210 of the Atomic Energy

Defense Act (50 U.S.C. 2530) is amended to read as follows:

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126 STAT. 2181 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS.

‘‘(a) U

NDERGROUND

ESTING

.—No underground test of nuclear

weapons may be conducted by the United States after September

30, 1996, unless a foreign state conducts a nuclear test after this

date, at which time the prohibition on United States nuclear testing

is lifted.

‘‘(b) A

TMOSPHERIC

ESTING

.—None of the funds appropriated

pursuant to the National Defense Authorization Act for Fiscal Year

1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for

any fiscal year may be available to maintain the capability of

the United States to conduct atmospheric testing of a nuclear

weapon.’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the items relating to sections 4210 and 4211 and

inserting the following new item:

‘‘Sec. 4210. Testing of nuclear weapons.’’.

(3) C

ONFORMING AMENDMENT

.—Section 4211 of the Atomic

Energy Defense Act (50 U.S.C. 2531) is repealed.

(e) M

ANUFACTURING

NFRASTRUCTURE

.—Section 4212 of the

Atomic Energy Defense Act (50 U.S.C. 2532) is amended by striking

subsections (d) and (e).

(f) C

RITICAL

IFFICULTIES

EPORT

.—

(1) I

N GENERAL

.—Section 4213 of the Atomic Energy

Defense Act (50 U.S.C. 2533) is amended—

(A) in the heading, by striking ‘‘

NUCLEAR WEAPONS

LABORATORIES AND NUCLEAR WEAPONS PRODUCTION

PLANTS

’’ and inserting ‘‘

NATIONAL SECURITY LABORA

TORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES

’’;

(B) in subsection (a)—

(i) by striking ‘‘Assistant Secretary of Energy for

Defense Programs’’ and inserting ‘‘Administrator’’;

(ii) by striking ‘‘nuclear weapons laboratory’’ and

inserting ‘‘national security laboratory’’; and

(iii) by striking ‘‘production plant’’ and inserting

‘‘production facility’’;

(i) in the heading, by striking ‘‘A

SSISTANT

RETARY

’’ and inserting ‘‘A

DMINISTRATOR

’’; and

(ii) by striking ‘‘Assistant Secretary’’ each place

it appears and inserting ‘‘Administrator’’; and

(D) by striking subsection (e).

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4213 and inserting the

following new item:

‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and nu-

clear weapons production facilities.’’.

(g) P

LAN FOR

RANSFORMATION

.—

(1) I

N GENERAL

.—Section 4214 of the Atomic Energy

Defense Act (50 U.S.C. 2534) is amended—

(A) by striking ‘‘nuclear weapons complex’’ each place

it appears (including the section heading) and inserting

‘‘nuclear security enterprise’’;

(B) by striking subsections (b) and (d); and

Repeal.

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126 STAT. 2182 PUBLIC LAW 112–239—JAN. 2, 2013

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

inserting after the item relating to section 4213, as inserted

by subsection (f)(2), the following new item:

‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration

nuclear security enterprise.’’.

(h) T

RITIUM

RODUCTION

ROGRAM

.—Section 4231 of the Atomic

Energy Defense Act (50 U.S.C. 2541) is amended to read as follows:

‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM.

‘‘(a) E

STABLISHMENT OF

ROGRAM

.—The Secretary of Energy

shall establish a tritium production program that is capable of

meeting the tritium requirements of the United States for nuclear

weapons.

‘‘(b) L

OCATION OF

RITIUM

RODUCTION

ACILITY

.—The Sec-

retary shall locate any new tritium production facility of the Depart-

ment of Energy at the Savannah River Site, South Carolina.’’.

(i) T

RITIUM

ECYCLING

ACILITIES

.—Section 4234 of the Atomic

Energy Defense Act (50 U.S.C. 2544) is amended—

(1) by striking ‘‘(a) I

ENERAL

.—The Secretary of Energy’’

and inserting ‘‘The Secretary of Energy’’; and

(2) by striking subsection (b).

(j) R

ESTRICTED

ATA

.—Section 4501 of the Atomic Energy

Defense Act (50 U.S.C. 2651) is amended by striking subsection

(c).

(k) F

OREIGN

ISITORS

.—

(1) I

N GENERAL

.—Section 4502 of the Atomic Energy

Defense Act (50 U.S.C. 2652) is amended—

(A) in the heading, by striking ‘‘

NATIONAL LABORA

TORIES

’’ and inserting ‘‘

NATIONAL SECURITY LABORA

TORIES

’’;

(B) by striking ‘‘national laboratory’’ each place it

appears and inserting ‘‘national security laboratory’’; and

(4).

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4502 and inserting the

following new item:

‘‘Sec. 4502. Restrictions on access to national security laboratories by foreign visi-

tors from sensitive countries.’’.

(l) B

ACKGROUND

NVESTIGATIONS

.—Section 4503 of the Atomic

Energy Defense Act (50 U.S.C. 2653) is amended—

(1) by striking ‘‘(a) I

ENERAL

.—’’;

(2) by striking subsections (b) and (c); and

(3) by striking ‘‘national laboratory’’ and inserting ‘‘national

security laboratory’’.

(m) N

UCLEAR

EFENSE

NTELLIGENCE

OSSES

.—

(1) I

N GENERAL

.—Section 4505 of the Atomic Energy

Defense Act (50 U.S.C. 2656) is amended—

(A) in the heading, by striking ‘‘

NUCLEAR

’’ and

inserting ‘‘

ATOMIC

’’;

(B) in the heading of subsection (b), by striking

‘‘

NUCLEAR

’’ and inserting ‘‘

ATOMIC ENERGY

’’; and

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126 STAT. 2183 PUBLIC LAW 112–239—JAN. 2, 2013

and inserting ‘‘atomic energy defense’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4505 and inserting the

following new item:

‘‘Sec. 4505. Notice to congressional committees of certain security and counterintel-

ligence failures within atomic energy defense programs.’’.

(n) C

OUNTERINTELLIGENCE

EPORT

.—

(1) I

N GENERAL

.—Section 4507 of the Atomic Energy

Defense Act (50 U.S.C. 2658) is amended—

(A) in the heading, by striking ‘‘

NATIONAL LABORA

TORIES

’’ and inserting ‘‘

NATIONAL SECURITY LABORA

TORIES

’’;

(B) in subsection (a), by striking ‘‘national laboratories’’

and inserting ‘‘national security laboratories’’;

and inserting ‘‘national security laboratory’’; and

(D) by striking subsection (c).

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4507 and inserting the

following new item:

‘‘Sec. 4507. Report on counterintelligence and security practices at national security

laboratories.’’.

(o) C

OMPUTER

ECURITY

EPORT

.—

(1) I

N GENERAL

.—Section 4508 of the Atomic Energy

Defense Act (50 U.S.C. 2659)—

(A) in the heading, by striking ‘‘

NATIONAL LABORA

TORY

’’ and inserting ‘‘

NATIONAL SECURITY LABORATORY

’’;

(B) in subsection (a) and (b), by striking ‘‘national

laboratories’’ each place it appears and inserting ‘‘national

security laboratories’’; and

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4508 and inserting the

following new item:

‘‘Sec. 4508. Report on security vulnerabilities of national security laboratory com-

puters.’’.

(p) D

OCUMENT

EVIEW

.—Section 4521 of the Atomic Energy

Defense Act (50 U.S.C. 2671) is amended by striking subsection

(c).

(q) R

EPORTS ON

OCAL

MPACT

SSISTANCE

.—

(1) I

N GENERAL

.—Section 4604(f) of the Atomic Energy

Defense Act (50 U.S.C. 2704(f)) is amended by adding at the

end the following new paragraph:

‘‘(3) In addition to the plans submitted under paragraph (1),

the Secretary shall submit to Congress every six months a report

setting forth a description of, and the amount or value of, all

local impact assistance provided during the preceding six months

under subsection (c)(6).’’.

(2) C

ONFORMING AMENDMENT

.—Section 4851 of the Atomic

Energy Defense Act (50 U.S.C. 2821) is repealed.

Repeal.

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126 STAT. 2184 PUBLIC LAW 112–239—JAN. 2, 2013

(3) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4851.

(r) R

ECRUITMENT AND

RAINING

.—Section 4622 of the Atomic

Energy Defense Act (50 U.S.C. 2722) is amended—

(1) in subsection (b)—

(A) by striking ‘‘(1) As part of’’ and inserting ‘‘As part

of’’; and

(B) by striking paragraph (2); and

(2) by striking subsection (d).

(s) F

ELLOWSHIP

ROGRAM

.—

(1) I

N GENERAL

.—Section 4623 of the Atomic Energy

Defense Act (50 U.S.C. 2723) is amended—

(A) in the heading, by striking ‘‘

DEPARTMENT OF

ENERGY NUCLEAR WEAPONS COMPLEX

’’ and inserting

‘‘

NUCLEAR SECURITY ENTERPRISE

’’;

(B) in subsection (a), by striking ‘‘Department of

Energy nuclear weapons complex’’ each place it appears

and inserting ‘‘nuclear security enterprise’’;

that follows through the period at the end and inserting

‘‘national security laboratories and nuclear weapons

production facilities.’’; and

(D) in subsection (f)(2), by striking ‘‘the Department

of Energy for’’ and inserting ‘‘the nuclear security enter-

prise for’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4623 and inserting the

following new item:

‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear se-

curity enterprise.’’.

(t) C

OST

VERRUNS

.—Section 4713(a)(1)(A) of the Atomic

Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is amended—

(1) by striking ‘‘for Nuclear Security’’; and

(2) by striking ‘‘National Nuclear Security’’.

(u) B

UDGET

EQUEST

.—

(1) I

N GENERAL

.—Section 4731 of the Atomic Energy

Defense Act (50 U.S.C. 2771) is repealed.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4731.

(v) C

ONTRACTOR

ONUSES

.—Section 4802 of the Atomic Energy

Defense Act (50 U.S.C. 2782) is amended—

(2) by striking subsection (b); and

(3) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

(w) F

UNDS FOR

ESEARCH AND

EVELOPMENT

.—Section 4812

of the Atomic Energy Defense Act (50 U.S.C. 2792) is amended—

(1) by striking subsections (b) through (d); and

(2) by redesignating subsection (e) as subsection (b).

(x) T

ECHNOLOGY

ARTNERSHIPS

.—Section 4813(c) of the Atomic

Energy Defense Act (50 U.S.C. 2794(c)) is amended by striking

paragraph (5).

Repeal.

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126 STAT. 2185 PUBLIC LAW 112–239—JAN. 2, 2013

(y) U

NIVERSITY

OLLABORATION

.—Section 4814 of the Atomic

Energy Defense Act (50 U.S.C. 2795) is amended by striking sub-

section (c).

(z) E

NGINEERING AND

ANUFACTURING

ESEARCH

.—Section

4832 of the Atomic Energy Defense Act (50 U.S.C. 2812) is

amended—

(1) in subsection (b), by striking ‘‘nuclear weapons complex’’

and inserting ‘‘nuclear security enterprise’’; and

(2) by striking subsections (c) through (e).

(aa) P

ILOT

ROGRAM

EPORT

.—Section 4833 of the Atomic

Energy Defense Act (50 U.S.C. 2813) is amended by striking sub-

section (e).

(bb) T

ECHNICAL

MENDMENTS

.—

(1) I

N GENERAL

.—The Atomic Energy Defense Act (50

U.S.C. 2501 et seq.) is amended as follows:

(A) In section 4604(g)(3) (50 U.S.C. 2704(g)(3)), by

striking ‘‘; the Pinnellas Plant, Florida;’’.

(B) In the heading of section 4852 (50 U.S.C. 2822),

by striking ‘‘

NEVADA TEST SITE

’’ and inserting ‘‘

NEVADA

NATIONAL SECURITY SITE

’’.

appears and inserting ‘‘Nevada National Security Site’’.

(D) By striking ‘‘Director of Central Intelligence’’ each

place it appears and inserting ‘‘Director of National Intel-

ligence’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is further amended

by striking the item relating to section 4852 and inserting

the following new item:

‘‘Sec. 4852. Payment of costs of operation and maintenance of infrastructure at Ne-

vada National Security Site.’’.

SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY

ADMINISTRATION ACT.

(a) N

UCLEAR

ECURITY

NTERPRISE

EFERENCE

.—

(1) F

UTURE

YEARS NUCLEAR SECURITY PROGRAM

.—Section

3253(b) of the National Nuclear Security Administration Act

(50 U.S.C. 2453(b)) is amended by striking ‘‘nuclear weapons

complex’’ each place it appears and inserting ‘‘nuclear security

enterprise’’.

(2) GAO

REPORTS

.—Section 3255 of the National Nuclear

Security Administration Act (50 U.S.C. 2455) is amended—

(A) in subsection (a), by striking ‘‘nuclear security com-

plex’’ each place it appears and inserting ‘‘nuclear security

enterprise’’; and

(B) in subsection (b), by striking paragraph (3).

(3) D

EFINITION

.—Section 3281 of the National Nuclear

Security Administration Act (50 U.S.C. 2471) is amended by

adding at the end the following new paragraph:

‘‘(6) The term ‘nuclear security enterprise’ means the phys-

ical facilities, technology, and human capital of the national

security laboratories and the nuclear weapons production facili-

ties.’’.

(b) T

RANSFER OF

UNCTIONS

.—

(1) F

UNDS AND PERSONNEL

.—Section 3291 of the National

Nuclear Security Administration Act (50 U.S.C. 2481) is

amended—

50 USC 2562,

2652, 2656.

50 USC 2521,

2704, 2822.

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126 STAT. 2186 PUBLIC LAW 112–239—JAN. 2, 2013

(A) in subsection (c), by striking ‘‘specified in subsection

(a)’’ and inserting ‘‘of the Administration’’; and

(B) by adding at the end the following new subsections:

‘‘(d) T

RANSFER OF

UNDS

.—(1) Any balance of appropriations

that the Secretary of Energy determines is available and needed

to finance or discharge a function, power, or duty or an activity

that is transferred to the Administration shall be transferred to

the Administration and used for any purpose for which those appro-

priations were originally available. Balances of appropriations so

transferred shall—

‘‘(A) be credited to any applicable appropriation account

of the Administration; or

‘‘(B) be credited to a new account that may be established

on the books of the Department of the Treasury;

and shall be merged with the funds already credited to that

account and accounted for as one fund.

‘‘(2) Balances of appropriations credited to an account under

paragraph (1)(A) are subject only to such limitations as are specifi-

cally applicable to that account. Balances of appropriations credited

to an account under paragraph (1)(B) are subject only to such

limitations as are applicable to the appropriations from which they

are transferred.

‘‘(e) P

ERSONNEL

.—(1) With respect to any function, power, or

duty or activity of the Department of Energy that is transferred

to the Administration, those employees of the element of the Depart-

ment of Energy from which the transfer is made that the Secretary

of Energy determines are needed to perform that function, power,

or duty, or for that activity, as the case may be, shall be transferred

to the Administration.

‘‘(2) The authorized strength in civilian employees of any ele-

ment of the Department of Energy from which employees are trans-

ferred under this section is reduced by the number of employees

so transferred.’’.

(2) A

PPLICABILITY OF EXISTING LAWS AND REGULATIONS

.—

Section 3296 of the National Nuclear Security Administration

Act (50 U.S.C. 2484) is amended to read as follows:

‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS.

‘‘With respect to any facility, mission, or function of the Depart-

ment of Energy that the Secretary of Energy transfers to the

Administrator under section 3291, unless otherwise provided in

this title, all provisions of law and regulations in effect immediately

before the date of the transfer that are applicable to such facility,

mission, or function shall continue to apply to the corresponding

functions of the Administration.’’.

(3) R

ULE OF CONSTRUCTION

.—Nothing in section 3291 of

the National Nuclear Security Administration Act (50 U.S.C.

2481), as amended by paragraph (1), may be construed to

affect any function or activity transferred by the Secretary

of Energy to the Administrator for Nuclear Security before

the date of the enactment of this Act.

EPEAL OF

XPIRED

ROVISIONS

.—

(1) I

N GENERAL

.—The following sections of the National

Nuclear Security Administration Act (50 U.S.C. 2401 et seq.)

are repealed:

(A) Section 3242 (50 U.S.C. 2442).

(B) Section 3292 (50 U.S.C. 2482).

50 USC 2481

note.

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126 STAT. 2187 PUBLIC LAW 112–239—JAN. 2, 2013

(D) Section 3297 (50 U.S.C. 2401 note).

(2) C

LERICAL AMENDMENTS

.—The table of contents at the

beginning of the National Nuclear Security Administration Act

is amended by striking the items relating to sections 3242,

3292, 3295, and 3297.

(d) T

ECHNICAL

MENDMENTS TO THE

NNSA A

.—The National

Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is

amended as follows:

(1) In section 3212(a)(2) (50 U.S.C. 2402(a)(2)), by striking

‘‘as added by section 3202 of this Act,’’.

(2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)), by striking

‘‘section 3158 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)’’

and inserting ‘‘section 4202(a) of the Atomic Energy Defense

Act (50 U.S.C. 2522(a))’’.

(3) In section 3281(2) (50 U.S.C. 2471(2))—

(A) in subparagraph (C), by striking ‘‘Y–12 Plant’’ and

inserting ‘‘Y–12 National Security Complex’’; and

(B) in subparagraph (D), by striking ‘‘tritium oper-

ations facilities at the’’.

(4) By striking ‘‘Nevada Test Site’’ each place it appears

and inserting ‘‘Nevada National Security Site’’.

(e) T

ECHNICAL

MENDMENT TO THE

DOE O

RGANIZATION

.—

Section 643 of the Department of Energy Organization Act (42

U.S.C. 7253) is amended by redesignating the second subsection

(b) as subsection (c).

SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO

NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND

INFRASTRUCTURE.

(a) C

ONSOLIDATED

LAN FOR

TEWARDSHIP

, M

ANAGEMENT

AND

ERTIFICATION OF

ARHEADS IN THE

UCLEAR

EAPONS

TOCK

PILE

.—

(1) I

N GENERAL

.—Section 4203 of the Atomic Energy

Defense Act (50 U.S.C. 2523) is amended to read as follows:

‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGE-

MENT, AND INFRASTRUCTURE PLAN.

‘‘(a) P

LAN

EQUIREMENT

.—The Administrator, in consultation

with the Secretary of Defense and other appropriate officials of

the departments and agencies of the Federal Government, shall

develop and annually update a plan for sustaining the nuclear

weapons stockpile. The plan shall cover, at a minimum, stockpile

stewardship, stockpile management, stockpile surveillance, program

direction, infrastructure modernization, human capital, and nuclear

test readiness. The plan shall be consistent with the programmatic

and technical requirements of the most recent annual Nuclear

Weapons Stockpile Memorandum.

‘‘(b) S

UBMISSIONS TO

ONGRESS

.—(1) In accordance with sub-

section (c), not later than March 15 of each even-numbered year,

the Administrator shall submit to the congressional defense commit-

tees a summary of the plan developed under subsection (a).

‘‘(2) In accordance with subsection (d), not later than March

15 of each odd-numbered year, the Administrator shall submit

to the congressional defense committees a detailed report on the

plan developed under subsection (a).

Deadlines.

Reports.

Consultation.

Deadline.

50 USC 2455,

2471.

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126 STAT. 2188 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(3) The summaries and reports required by this subsection

shall be submitted in unclassified form, but may include a classified

annex.

‘‘(c) E

LEMENTS OF

IENNIAL

LAN

UMMARY

.—Each summary

of the plan submitted under subsection (b)(1) shall include, at

a minimum, the following:

‘‘(1) A summary of the status of the nuclear weapons stock-

pile, including the number and age of warheads (including

both active and inactive) for each warhead type.

‘‘(2) A summary of the status, plans, budgets, and schedules

for warhead life extension programs and any other programs

to modify, update, or replace warhead types.

‘‘(3) A summary of the methods and information used to

determine that the nuclear weapons stockpile is safe and reli-

able, as well as the relationship of science-based tools to the

collection and interpretation of such information.

‘‘(4) A summary of the status of the nuclear security enter-

prise, including programs and plans for infrastructure mod-

ernization and retention of human capital, as well as associated

budgets and schedules.

‘‘(5) Identification of any modifications or updates to the

plan since the previous summary or detailed report was sub-

mitted under subsection (b).

‘‘(6) Such other information as the Administrator considers

appropriate.

‘‘(d) E

LEMENTS OF

IENNIAL

ETAILED

EPORT

.—Each detailed

report on the plan submitted under subsection (b)(2) shall include,

at a minimum, the following:

‘‘(1) With respect to stockpile stewardship and manage-

ment—

‘‘(A) the status of the nuclear weapons stockpile,

including the number and age of warheads (including both

active and inactive) for each warhead type;

‘‘(B) for each five-year period occurring during the

period beginning on the date of the report and ending

on the date that is 20 years after the date of the report—

‘‘(i) the planned number of nuclear warheads

(including active and inactive) for each warhead type

in the nuclear weapons stockpile; and

‘‘(ii) the past and projected future total lifecycle

cost of each type of nuclear weapon;

‘‘(C) the status, plans, budgets, and schedules for war-

head life extension programs and any other programs to

modify, update, or replace warhead types;

‘‘(D) a description of the process by which the Adminis-

trator assesses the lifetimes, and requirements for life

extension or replacement, of the nuclear and non-nuclear

components of the warheads (including active and inactive

warheads) in the nuclear weapons stockpile;

‘‘(E) a description of the process used in recertifying

the safety, security, and reliability of each warhead type

in the nuclear weapons stockpile;

‘‘(F) any concerns of the Administrator that would

affect the ability of the Administrator to recertify the safety,

security, or reliability of warheads in the nuclear weapons

stockpile (including active and inactive warheads);

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126 STAT. 2189 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(G) mechanisms to provide for the manufacture,

maintenance, and modernization of each warhead type in

the nuclear weapons stockpile, as needed;

‘‘(H) mechanisms to expedite the collection of informa-

tion necessary for carrying out the stockpile management

program required by section 4204, including information

relating to the aging of materials and components, new

manufacturing techniques, and the replacement or substi-

tution of materials;

‘‘(I) mechanisms to ensure the appropriate assignment

of roles and missions for each national security laboratory

and nuclear weapons production facility, including mecha-

nisms for allocation of workload, mechanisms to ensure

the carrying out of appropriate modernization activities,

and mechanisms to ensure the retention of skilled per-

sonnel;

‘‘(J) mechanisms to ensure that each national security

laboratory has full and complete access to all weapons

data to enable a rigorous peer-review process to support

the annual assessment of the condition of the nuclear

weapons stockpile required under section 4205;

‘‘(K) mechanisms for allocating funds for activities

under the stockpile management program required by sec-

tion 4204, including allocations of funds by weapon type

and facility; and

‘‘(L) for each of the five fiscal years following the fiscal

year in which the report is submitted, an identification

of the funds needed to carry out the program required

under section 4204.

‘‘(2) With respect to science-based tools—

‘‘(A) a description of the information needed to deter-

mine that the nuclear weapons stockpile is safe and reli-

able;

‘‘(B) for each science-based tool used to collect informa-

tion described in subparagraph (A), the relationship

between such tool and such information and the effective-

ness of such tool in providing such information based on

the criteria developed pursuant to section 4202(a); and

‘‘(C) the criteria developed under section 4202(a)

(including any updates to such criteria).

‘‘(3) An assessment of the stockpile stewardship program

under section 4201 by the Administrator, in consultation with

the directors of the national security laboratories, which shall

set forth—

‘‘(A) an identification and description of—

‘‘(i) any key technical challenges to the stockpile

stewardship program; and

‘‘(ii) the strategies to address such challenges with-

out the use of nuclear testing;

‘‘(B) a strategy for using the science-based tools

(including advanced simulation and computing capabilities)

of each national security laboratory to ensure that the

nuclear weapons stockpile is safe, secure, and reliable with-

out the use of nuclear testing;

‘‘(C) an assessment of the science-based tools (including

advanced simulation and computing capabilities) of each

national security laboratory that exist at the time of the

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126 STAT. 2190 PUBLIC LAW 112–239—JAN. 2, 2013

assessment compared with the science-based tools expected

to exist during the period covered by the future-years

nuclear security program; and

‘‘(D) an assessment of the core scientific and technical

competencies required to achieve the objectives of the stock-

pile stewardship program and other weapons activities and

weapons-related activities of the Administration,

including—

‘‘(i) the number of scientists, engineers, and techni-

cians, by discipline, required to maintain such com-

petencies; and

‘‘(ii) a description of any shortage of such individ-

uals that exists at the time of the assessment compared

with any shortage expected to exist during the period

covered by the future-years nuclear security program.

‘‘(4) With respect to the nuclear security infrastructure—

‘‘(A) a description of the modernization and refurbish-

ment measures the Administrator determines necessary

to meet the requirements prescribed in—

‘‘(i) the national security strategy of the United

States as set forth in the most recent national security

strategy report of the President under section 108 of

the National Security Act of 1947 (50 U.S.C. 404a)

if such strategy has been submitted as of the date

of the plan;

‘‘(ii) the most recent quadrennial defense review

if such strategy has not been submitted as of the

date of the plan; and

‘‘(iii) the most recent Nuclear Posture Review as

of the date of the plan;

‘‘(B) a schedule for implementing the measures

described under subparagraph (A) during the 10-year

period following the date of the plan; and

‘‘(C) the estimated levels of annual funds the Adminis-

trator determines necessary to carry out the measures

described under subparagraph (A), including a discussion

of the criteria, evidence, and strategies on which such

estimated levels of annual funds are based.

‘‘(5) With respect to the nuclear test readiness of the United

States—

‘‘(A) an estimate of the period of time that would be

necessary for the Administrator to conduct an underground

test of a nuclear weapon once directed by the President

to conduct such a test;

‘‘(B) a description of the level of test readiness that

the Administrator, in consultation with the Secretary of

Defense, determines to be appropriate;

‘‘(C) a list and description of the workforce skills and

capabilities that are essential to carrying out an under-

ground nuclear test at the Nevada National Security Site;

‘‘(D) a list and description of the infrastructure and

physical plants that are essential to carrying out an under-

ground nuclear test at the Nevada National Security Site;

and

‘‘(E) an assessment of the readiness status of the skills

and capabilities described in subparagraph (C) and the

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126 STAT. 2191 PUBLIC LAW 112–239—JAN. 2, 2013

infrastructure and physical plants described in subpara-

graph (D).

‘‘(6) Identification of any modifications or updates to the

plan since the previous summary or detailed report was sub-

mitted under subsection (b).

‘‘(e) N

UCLEAR

EAPONS

OUNCIL

SSESSMENT

.—(1) For each

detailed report on the plan submitted under subsection (b)(2), the

Nuclear Weapons Council established by section 179 of title 10,

United States Code, shall conduct an assessment that includes

the following:

‘‘(A) An analysis of the plan, including—

‘‘(i) whether the plan supports the requirements of

the national security strategy of the United States or the

most recent quadrennial defense review, as applicable

under subsection (d)(4)(A), and the Nuclear Posture Review;

and

‘‘(ii) whether the modernization and refurbishment

measures described under subparagraph (A) of subsection

(d)(4) and the schedule described under subparagraph (B)

of such subsection are adequate to support such require-

ments.

‘‘(B) An analysis of whether the plan adequately addresses

the requirements for infrastructure recapitalization of the facili-

ties of the nuclear security enterprise.

‘‘(C) If the Nuclear Weapons Council determines that the

plan does not adequately support modernization and refurbish-

ment requirements under subparagraph (A) or the nuclear secu-

rity enterprise facilities infrastructure recapitalization require-

ments under subparagraph (B), a risk assessment with respect

to—

‘‘(i) supporting the annual certification of the nuclear

weapons stockpile; and

‘‘(ii) maintaining the long-term safety, security, and

reliability of the nuclear weapons stockpile.

‘‘(2) Not later than 180 days after the date on which the

Administrator submits the plan under subsection (b)(2), the Nuclear

Weapons Council shall submit to the congressional defense commit-

tees a report detailing the assessment required under paragraph

(1).

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘budget’, with respect to a fiscal year, means

the budget for that fiscal year that is submitted to Congress

by the President under section 1105(a) of title 31, United States

Code.

‘‘(2) The term ‘future-years nuclear security program’

means the program required by section 3253 of the National

Nuclear Security Administration Act (50 U.S.C. 2453).

‘‘(3) The term ‘nuclear security budget materials’, with

respect to a fiscal year, means the materials submitted to

Congress by the Administrator in support of the budget for

that fiscal year.

‘‘(4) The term ‘quadrennial defense review’ means the

review of the defense programs and policies of the United

States that is carried out every four years under section 118

of title 10, United States Code.

Deadline.

Reports.

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126 STAT. 2192 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(5) The term ‘weapons activities’ means each activity

within the budget category of weapons activities in the budget

of the Administration.

‘‘(6) The term ‘weapons-related activities’ means each

activity under the Department of Energy that involves nuclear

weapons, nuclear weapons technology, or fissile or radioactive

materials, including activities related to—

‘‘(A) nuclear nonproliferation;

‘‘(B) nuclear forensics;

‘‘(C) nuclear intelligence;

‘‘(D) nuclear safety; and

‘‘(E) nuclear incident response.’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4203 and inserting the

following new item:

‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastruc-

ture plan.’’.

(b) R

EPEAL OF

EQUIREMENT FOR

IENNIAL

EPORT ON

TOCK

PILE

TEWARDSHIP

RITERIA

.—

(1) I

N GENERAL

.—Section 4202 of the Atomic Energy

Defense Act (50 U.S.C. 2522) is amended by striking subsections

(2) T

ECHNICAL AMENDMENT

.—The heading of such section

is amended to read as follows: ‘‘

STOCKPILE STEWARDSHIP CRI

TERIA

’’.

(3) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of the Atomic Energy Defense Act is amended by

striking the item relating to section 4202 and inserting the

following new item:

‘‘Sec. 4202. Stockpile stewardship criteria.’’.

EPEAL OF

EQUIREMENT FOR

IENNIAL

LAN ON

ERNIZATION AND

EFURBISHMENT OF THE

UCLEAR

ECURITY

PLEX

.—

(1) I

N GENERAL

.—Section 4203A of the Atomic Energy

Defense Act (50 U.S.C. 2523A) is repealed.

(2) C

LERICAL AMENDMENT

.—The table of contents for the

Atomic Energy Defense Act is amended by striking the item

relating to section 4203A.

(d) R

EPEAL OF

EQUIREMENT FOR

NNUAL

PDATE TO

TOCK

PILE

ANAGEMENT

ROGRAM

LAN

.—Section 4204 of the Atomic

Energy Defense Act (50 U.S.C. 2524) is amended—

(1) in subsection (b)(2)(B), by striking ‘‘nuclear complex’’

and inserting ‘‘nuclear security enterprise’’;

(2) by striking subsections (c) and (d); and

(3) by redesignating subsection (e) as subsection (c).

(e) R

EPEAL OF

EQUIREMENT FOR

EPORTS ON

UCLEAR

EST

EADINESS

.—

(1) AEDA.—

(A) I

N GENERAL

.—Section 4208 of the Atomic Energy

Defense Act (50 U.S.C. 2528) is repealed.

(B) C

LERICAL AMENDMENT

.—The table of contents for

the Atomic Energy Defense Act is amended by striking

the item relating to section 4208.

50 USC 2523a.

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126 STAT. 2193 PUBLIC LAW 112–239—JAN. 2, 2013

(2) NDAA

FISCAL YEAR 1996

.—Section 3152 of the National

Defense Authorization Act for Fiscal Year 1996 (Public Law

104–106; 110 Stat. 623) is repealed.

SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

(a) GAO E

NVIRONMENTAL

ANAGEMENT

EPORTS

.—Section

3134 of the National Defense Authorization Act for Fiscal Year

2010 (Public Law 111–84; 123 Stat. 2713) is amended—

(1) in subsection (c)—

(A) in paragraph (1), by striking ‘‘The Comptroller’’

and all that follows through ‘‘(2),’’ and inserting ‘‘Beginning

on the date on which the report under subsection (b)(2)

is submitted, the Comptroller General shall conduct a

review’’;

(B) by striking paragraph (2);

and

(D) in paragraph (2), as so redesignated, by striking

‘‘the end of the period described in paragraph (2)’’ and

inserting ‘‘August 30, 2012’’; and

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘subsection (c)(3)’’

and inserting ‘‘subsection (c)(2)’’; and

(B) in paragraph (2), by striking ‘‘90 days’’ and all

that follows through ‘‘(c)(3)’’ and inserting ‘‘April 30, 2016,

or the date that is 210 days after the date on which

the Secretary of Energy notifies the Comptroller General

that all American Recovery and Reinvestment Act funds

have been expended, whichever is earlier’’.

(b) W

ORKFORCE

ESTRUCTURING

LAN

PDATES

.—

(1) I

N GENERAL

.—Section 4604 of the Atomic Energy

Defense Act (50 U.S.C. 2704), as amended by section 3131(q),

is amended—

(A) in subsection (b)(1), by striking ‘‘and any updates

of the plan under subsection (e)’’;

(B) by striking subsection (e);

(i) by striking paragraph (2); and

(ii) by redesignating paragraph (3), as added by

such section 3131(q), as paragraph (2); and

(D) by redesignating subsections (f) and (g) as sub-

sections (e) and (f), respectively.

(2) C

ONFORMING AMENDMENT

.—Section 4643(d)(1) of the

Atomic Energy Defense Act (50 U.S.C. 2733(d)(1)) is amended

by striking ‘‘section 4604(g)’’ and inserting ‘‘section 4604(f)’’.

NCLASSIFIED

ONTROLLED

UCLEAR

NFORMATION

UAR

TERLY

EPORT

.—Section 148 of the Atomic Energy Act of 1954

(42 U.S.C. 2168) is amended by striking subsection e.

Subtitle D—Reports

SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS.

(a) P

ROTOTYPES

.—Subtitle A of title XLII of the Atomic Energy

Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after

section 4215, as added by section 3114(a)(1), the following new

section:

50 USC 2528.

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126 STAT. 2194 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘SEC. 4216. REPORTS ON LIFETIME EXTENSION PROGRAMS.

‘‘(a) R

EPORTS

EQUIRED

.—Before proceeding beyond phase 6.2

activities with respect to any lifetime extension program, the

Nuclear Weapons Council established by section 179 of title 10,

United States Code, shall submit to the congressional defense

committees a report on such phase 6.2 activities, including—

‘‘(1) an assessment of the lifetime extension options consid-

ered for the phase 6.2 activities, including whether the sub-

systems and components in each option are considered to be

a refurbishment, reuse, or replacement of such subsystem or

component; and

‘‘(2) an assessment of the option selected for the phase

6.2 activities, including—

‘‘(A) whether the subsystems and components will be

refurbished, reused, or replaced; and

‘‘(B) the advantages and disadvantages of refurbish-

ment, reuse, and replacement for each such subsystem

and component.

‘‘(b) P

HASE

6.2 A

CTIVITIES

EFINED

.—In this section, the term

‘phase 6.2 activities’ means, with respect to a lifetime extension

program, the phase 6.2 feasibility study and option down-select.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by inserting after the item relating

to section 4215, as added by section 3114(a)(2), the following new

item:

‘‘Sec. 4216. Reports on lifetime extension programs.’’.

SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-

NUCLEAR INCIDENTS.

(a) N

OTIFICATION

.—

(1) I

N GENERAL

.—Subtitle C of title XLVI of the Atomic

Energy Defense Act (50 U.S.C. 2731 et seq.), as amended by

section 3161(a), is amended by adding at the end the following

new section:

‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-

NUCLEAR INCIDENTS.

‘‘(a) N

OTIFICATION

.—The Secretary of Energy and the Adminis-

trator, as the case may be, shall submit to the appropriate congres-

sional committees a notification of a nuclear criticality incident

resulting from a covered program that results in an injury or

fatality or results in the shutdown, or partial shutdown, of a covered

facility by not later than 15 days after the date of such incident.

‘‘(b) E

LEMENTS OF

OTIFICATION

.—Each notification submitted

under subsection (a) shall include the following:

‘‘(1) A description of the incident, including the cause of

the incident.

‘‘(2) In the case of a criticality incident, whether the

incident caused a facility, or part of a facility, to be shut

down.

‘‘(3) The effect, if any, on the mission of the Administration

or the Office of Environmental Management of the Department

of Energy.

‘‘(4) Any corrective action taken in response to the incident.

‘‘(c) D

ATABASE

.—(1) The Secretary shall maintain a record of

incidents described in paragraph (2).

50 USC 2736.

50 USC 2536.

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126 STAT. 2195 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) An incident described in this paragraph is any of the

following incidents resulting from a covered program:

‘‘(A) A nuclear criticality incident that results in an injury

or fatality or results in the shutdown, or partial shutdown,

of a covered facility.

‘‘(B) A non-nuclear incident that results in serious bodily

injury or fatality at a covered facility.

‘‘(d) C

OOPERATION

.—In carrying out this section, the Secretary

and the Administrator shall ensure that each management and

operating contractor of a covered facility cooperates in a timely

manner.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘appropriate congressional committees’

means—

‘‘(A) the congressional defense committees; and

‘‘(B) the Committee on Energy and Commerce of the

House of Representatives and the Committee on Energy

and Natural Resources of the Senate.

‘‘(2) The term ‘covered facility’ means—

‘‘(A) a facility of the nuclear security enterprise; and

‘‘(B) a facility conducting activities for the defense

environmental cleanup program of the Office of Environ-

mental Management of the Department of Energy.

‘‘(3) The term ‘covered program’ means—

‘‘(A) programs of the Administration; and

‘‘(B) defense environmental cleanup programs of the

Office of Environmental Management of the Department

of Energy.’’.

(2) C

LERICAL AMENDMENT

.—The table of contents at the

beginning of such Act is amended by inserting after the item

relating to section 4645, as added by section 3161(b), the fol-

lowing new item:

‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Energy and

the Administrator for Nuclear Security shall each submit to

the appropriate congressional committees a report detailing

any incidents described in paragraph (2) that occurred during

the 10-year period before the date of the report.

(2) I

NCIDENTS DESCRIBED

.—An incident described in this

paragraph is any of the following incidents that occurred as

a result of programs of the National Nuclear Security Adminis-

tration or defense environmental cleanup programs of the Office

of Environmental Management of the Department of Energy:

(A) A nuclear criticality incident that resulted in an

injury or fatality or resulted in the shutdown, or partial

shutdown, of a facility of the nuclear security enterprise

or a facility conducting activities for such defense environ-

mental cleanup programs.

(B) A non-nuclear incident that results in serious bodily

injury or fatality at such a facility.

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional defense committees; and

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126 STAT. 2196 PUBLIC LAW 112–239—JAN. 2, 2013

(B) the Committee on Energy and Commerce of the

House of Representatives and the Committee on Energy

and Natural Resources of the Senate.

SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINANCIAL BAL-

ANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES.

(a) R

EPORTS

EQUIRED

.—Subtitle C of title XLVII of the Atomic

Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding

at the end the following new section:

‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BALANCES FOR

ATOMIC ENERGY DEFENSE ACTIVITIES.

‘‘(a) R

EPORTS

EQUIRED

.—Not later than 15 days after the

end of each fiscal year quarter, the Secretary of Energy shall

submit to the congressional defense committees a report on the

financial balances for each atomic energy defense program at the

budget control levels used in the report accompanying the most

current Act appropriating funds for energy and water development.

‘‘(b) E

LEMENTS

.—Each report under subsection (a) shall set

forth, for each program covered by such report, the following as

of the end of the fiscal year quarter covered by such report:

‘‘(1) The total amount authorized to be appropriated,

including amounts authorized to be appropriated in the current

fiscal year and amounts authorized to be appropriated for prior

fiscal years.

‘‘(2) The amount unobligated.

‘‘(3) The amount unobligated but committed.

‘‘(4) The amount obligated but uncosted.

‘‘(c) P

RESENTATION

.—Each report under subsection (a) shall

present information as follows:

‘‘(1) For each program, in summary form and by fiscal

year.

‘‘(2) With financial balances in connection with funding

under recurring DOE national security authorizations (as that

term is defined in section 4701(1)) presented separately from

balances in connection with funding under any other provisions

of law.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by inserting after the item relating

to section 4731, as in effect before the amendment made by section

3131(u)(2) takes effect, the following new item:

‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense ac-

tivities.’’.

SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW

AND DESIGN COMPETITION RELATED TO NUCLEAR

WEAPONS.

(a) S

TUDY

.—Not later than 60 days after the date of the enact-

ment of this Act, the Administrator for Nuclear Security shall

enter into an agreement with the National Academy of Sciences

to conduct a study of peer review and design competition related

to nuclear weapons.

(b) E

LEMENTS

.—The study required by subsection (a) shall

include an assessment of—

(1) the quality and effectiveness of peer review of designs,

development plans, engineering and scientific activities, and

priorities related to both nuclear and non-nuclear aspects of

nuclear weapons;

50 USC 2772.

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126 STAT. 2197 PUBLIC LAW 112–239—JAN. 2, 2013

(2) incentives for effective peer review;

(3) the potential effectiveness, efficiency, and cost of alter-

native methods of conducting peer review and design competi-

tion related to both nuclear and non-nuclear aspects of nuclear

weapons, as compared to current methods;

(4) the known instances where current peer review prac-

tices and design competition succeeded or failed to find prob-

lems or potential problems; and

(5) such other matters related to peer review and design

competition related to nuclear weapons as the Administrator

considers appropriate.

OOPERATION AND

CCESS TO

NFORMATION AND

SONNEL

.—The Administrator shall ensure that the National

Academy of Sciences receives full and timely cooperation, including

full access to information and personnel, from the National Nuclear

Security Administration and the management and operating con-

tractors of the Administration for the purposes of conducting the

study under subsection (a).

(d) R

EPORT

.—

(1) I

N GENERAL

.—The National Academy of Sciences shall

submit to the Administrator a report containing the results

of the study conducted under subsection (a) and any rec-

ommendations resulting from the study.

(2) S

UBMITTAL TO CONGRESS

.—Not later than September

30, 2014, the Administrator shall submit to the Committees

on Armed Services of the House of Representatives and the

Senate the report submitted under paragraph (1) and any com-

ments or recommendations of the Administrator with respect

to the report.

(3) F

ORM

.—The report submitted under paragraph (1) shall

be in unclassified form, but may include a classified annex.

SEC. 3145. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION PRO-

GRAMS.

(a) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than March 1 of each year

from 2013 through 2015, the Administrator for Nuclear Security

shall submit to the appropriate congressional committees a

report on the budget, objectives, and metrics of the defense

nuclear nonproliferation programs of the National Nuclear

Security Administration.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) An identification and explanation of uncommitted

balances that are more than the acceptable carryover

thresholds, as determined by the Secretary of Energy, on

a program-by-program basis.

(B) An identification of foreign countries that are

sharing the cost of implementing defense nuclear non-

proliferation programs, including an explanation of such

cost sharing.

each defense nuclear nonproliferation program.

(D) A description of the proliferation of nuclear

weapons threat and how each defense nuclear nonprolifera-

tion program activity counters the threat.

Recommenda-

tions.

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126 STAT. 2198 PUBLIC LAW 112–239—JAN. 2, 2013

(E) A description and assessment of nonproliferation

activities coordinated with the Department of Defense to

maximize efficiency and avoid redundancies.

(F) A description of how the defense nuclear non-

proliferation programs are prioritized to meet the most

urgent nonproliferation requirements.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

ORM

.—The report required by subsection (a)(1) shall be

submitted in unclassified form, but may include a classified annex.

SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS.

(a) S

TUDY

.—Not later than 270 days after the date of the

enactment of this Act, the Administrator for Nuclear Security,

in coordination with the Nuclear Weapons Council established by

section 179 of title 10, United States Code, shall submit to the

congressional defense committees a study of plutonium pits,

including—

(1) the availability of plutonium pits—

(A) as of the date of the report; and

(B) after such date as a result of the dismantlement

of nuclear weapons; and

(2) an assessment of the potential for reusing plutonium

pits in future life extension programs.

(b) M

ATTERS

NCLUDED

.—The study submitted under subsection

(a) shall include the following:

(1) The feasibility and practicability of potential full or

partial reuse options with respect to plutonium pits.

(2) The benefits and risks of reusing plutonium pits.

(3) A list of technical challenges that must be resolved

to certify aged plutonium under dynamic loading conditions

and the full stockpile-to-target sequence of weapons, including

a program plan and timeline for resolving such technical chal-

lenges and an assessment of the importance of resolving out-

standing materials issues on certifying aged plutonium pits.

(4) A list of the facilities that will perform the testing

and experiments required to resolve the technical challenges

identified under paragraph (3).

(5) The potential costs and cost savings of such reuse.

(6) The effects of such reuse on the requirements for pluto-

nium pit manufacturing.

(7) An assessment of how such reuse affects plans to build

a responsive nuclear weapons infrastructure.

SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION

REQUIREMENT.

(a) A

SSESSMENT

.—The Secretary of Defense, in coordination

with the Secretary of Energy and the Commander of the United

States Strategic Command, shall assess the annual plutonium pit

production requirement needed to sustain a safe, secure, and reli-

able nuclear weapon arsenal.

(b) R

EPORTS

.—

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126 STAT. 2199 PUBLIC LAW 112–239—JAN. 2, 2013

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, in

coordination with the Secretary of Energy and the Commander

of the United States Strategic Command, shall submit to the

congressional defense committees a report regarding the assess-

ment conducted under subsection (a), including—

(A) an explanation of the rationale and assumptions

that led to the current 50 to 80 plutonium pit production

requirement, including the factors considered in deter-

mining such requirement;

(B) an analysis of whether there are any changes to

the current 50 to 80 plutonium pit production requirement,

including the reasons for any such changes;

various smaller and larger pit production capacities,

including with respect to—

(i) the ability to respond to geopolitical and tech-

nical risks;

(ii) the sustainment of the nuclear weapons stock-

pile, including options available for life extension pro-

grams; and

(iii) impacts on the requirements for the inactive

and reserve nuclear weapons stockpile.

(2) U

PDATE

.—If the report under paragraph (1) does not

incorporate the results of the Nuclear Posture Review

Implementation Study, the Secretary of Defense, in coordina-

tion with the Secretary of Energy and the Commander of the

United States Strategic Command, shall submit to the congres-

sional defense committees an update to the report under para-

graph (1) that incorporates the results of such study by not

later than 90 days after the date on which such committees

receive such study.

ORM

.—The reports under paragraphs (1) and (2) of sub-

section (b) shall be submitted in unclassified form, but may include

a classified annex.

SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR

NATIONAL SECURITY LABORATORIES.

(a) I

NDEPENDENT

SSESSMENT

.—

(1) I

N GENERAL

.—The Administrator for Nuclear Security

shall commission an independent assessment regarding the

transition of the national security laboratories to multiagency

federally funded research and development centers with direct

sustainment and sponsorship by multiple national security

agencies. The organization selected to conduct the independent

assessment shall have recognized credentials and expertise in

national security science and engineering laboratories.

(2) B

ACKGROUND MATERIAL

.—The assessment shall leverage

previous studies, including—

(A) the report published in 2009 by the Stimson Center

titled ‘‘Leveraging Science for Security: A Strategy for the

Nuclear Weapons Laboratories in the 21st Century’’; and

(B) the Phase 1 report published in 2012 by the

National Academy of Sciences titled ‘‘Managing for High-

Quality Science and Engineering at the NNSA National

Security laboratories’’.

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126 STAT. 2200 PUBLIC LAW 112–239—JAN. 2, 2013

(3) E

LEMENTS

.—The assessment conducted pursuant to

paragraph (1) shall include the following elements:

(A) An assessment of a new governance structure

that—

(i) gives multiple national security agencies,

including the Department of Defense, the Department

of Homeland Security, the Department of Energy, and

the intelligence community, direct sponsorship of the

national security laboratories as federally funded

research and development centers so that such agen-

cies have more direct and rapid access to the assets

available at the laboratories and the responsibility to

provide sustainable support for the science and tech-

nology needs of the agencies at the laboratories;

(ii) reduces costs to the Federal Government for

the use of the resources of the laboratories, while

enhancing the stewardship of these national resources

and maximizing their service to the Nation;

(iii) enhances the overall quality of the scientific

research and engineering capability of the laboratories,

including their ability to recruit and retain top sci-

entists and engineers; and

(iv) maintains as paramount the capabilities

required to support the nuclear stockpile stewardship

and related nuclear missions.

(B) A recommendation as to which, if any, other labora-

tories associated with any national security agency should

be included in the new governance structure.

structure that minimize disruption of performance and

costs to the government while rapidly achieving anticipated

gains.

(D) Legislative changes and executive actions that

would need to be made in order to implement the new

governance structure.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than January 1, 2014, the

organization selected to conduct the independent assessment

under subsection (a)(1) shall submit to the Administrator and

the congressional defense committees a report that contains

the findings of the assessment.

(2) F

ORM

.—The report under paragraph (1) shall be sub-

mitted in unclassified form, but may include a classified annex.

EFINITION

.—In this section, the term ‘‘national security

laboratory’’ has the meaning given that term in section 3281 of

the National Nuclear Security Administration Act (50 U.S.C. 2471).

SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND FUNCTIONS

OF THE NATIONAL NUCLEAR SECURITY ADMINISTRA-

TION.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Nuclear Weapons Council estab-

lished by section 179 of title 10, United States Code, shall submit

to the congressional defense committees a report setting forth the

assessment of the Council as to the feasibility of finding further

efficiencies in the facilities and functions of the National Nuclear

Security Administration in order to reduce costs.

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126 STAT. 2201 PUBLIC LAW 112–239—JAN. 2, 2013

(b) P

ROCESS

.—If the assessment of the Council in the report

under subsection (a) is that excess facilities or duplicative functions

exist and seeking efficiencies in the facilities and functions of the

Administration is feasible and would reduce cost, the report shall

include recommendations for a process to determine the manner

in which such efficiencies should be accomplished, including an

estimate of the time required to complete the process.

IMITATION ON

VAILABILITY OF

ERTAIN

UNDS

ENDING

EPORT

.—Amounts authorized to be appropriated by this title and

available for the facility projects in the Department of Energy

Readiness and Technical Base designated 04–D–125 and 06–D–

141 may not be obligated or expended for CD–3, Start of Construc-

tion (as found in Department of Energy Order 413.3 B Program

and Project Management for the Acquisition of Capital Assets),

until the submittal under subsection (a) of the report required

by that subsection.

SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY ZONES.

(a) S

TUDY

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Comptroller General of the

United States shall submit to the appropriate congressional

committees a study in accordance with paragraph (3).

(2) C

ONSULTATION

.—The Comptroller General may, in con-

ducting the study required under paragraph (1), consult with

the Secretary of Energy, the Secretary of Homeland Security,

the Secretary of State, the Nuclear Regulatory Commission,

and such other departments and agencies of the United States

Government as the Comptroller General considers appropriate.

(3) M

ATTERS INCLUDED

.—The study under paragraph (1)

shall include the following:

(A) An assessment of the radioactive isotopes and asso-

ciated activity levels that present the greatest risk to

national and international security.

(B) A review of current efforts by the Federal Govern-

ment to secure radiological materials abroad, including

coordination with foreign governments, the European

Union, the International Atomic Energy Agency, other

international programs, and nongovernmental organiza-

tions that identify, register, secure, remove, and provide

for the disposition of high-risk radiological materials world-

wide.

ment to secure radiological materials domestically at

civilian sites, including hospitals, industrial sites, and other

locations.

(D) A definition of regional radiological security zones,

including the subset of the materials of concern to be

the immediate focus and the security best practices

required to achieve that goal.

(E) An assessment of the feasibility, cost, desirability,

and added benefit of establishing regional radiological secu-

rity zones in high priority areas worldwide in order to

facilitate regional collaboration in—

(i) identifying and inventorying high-activity radio-

logical sources at high-risk sites;

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126 STAT. 2202 PUBLIC LAW 112–239—JAN. 2, 2013

(ii) reviewing national level regulations, inspec-

tions, transportation security, and security upgrade

options; and

(iii) assessing opportunities for the harmonization

of regulations and security practices among the nations

of the region.

(F) An assessment of the feasibility, cost, desirability,

and added benefit of establishing remote regional moni-

toring centers that would receive real-time data from radio-

logical security sites, would be staffed by trained personnel

from the countries in the region, and would alert local

law enforcement in the event of a potential or actual ter-

rorist incident or other emergency.

(G) An assessment of the feasibility and cost of securing

radiological materials in the United States and through

regional monitoring centers, taking into account the threat

and consequences of a terrorist attack using fissile mate-

rials as compared to the threat and consequences of a

terrorist attack using radiological materials.

(H) A list and assessment of the best practices used

in the United States that are most critical in enhancing

domestic radiological material security and could be used

to enhance radiological security worldwide.

(I) An assessment of the United States entity or entities

that would be best suited to lead efforts to establish a

radiological security zone program.

(J) An estimate of the costs associated with the

implementation of a radiological security zone program.

(K) An assessment of the known locations outside the

United States housing high-risk radiological materials in

excess of 1,000 curies.

(L) An assessment of how efforts to secure radiological

materials might impact the available resources, capabili-

ties, and capacity of the United States that would be used

to secure fissile materials.

(4) F

ORM

.—The study required under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services, the Committee on

Homeland Security and Governmental Affairs, and the Com-

mittee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services, the Committee on

Homeland Security, and the Committee on Foreign Affairs of

the House of Representatives.

SEC. 3151. REPORT ON ABANDONED URANIUM MINES.

(a) R

EPORT

.—

(1) I

N GENERAL

.—The Secretary of Energy, in consultation

with the Secretary of the Interior and the Administrator of

the Environmental Protection Agency, shall undertake a review

of, and prepare a report on, abandoned uranium mines in

the United States that provided uranium ore for atomic energy

defense activities of the United States.

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126 STAT. 2203 PUBLIC LAW 112–239—JAN. 2, 2013

(2) M

ATTERS TO BE ADDRESSED

.—The report shall describe

and analyze—

(A) the location of the abandoned uranium mines

described in paragraph (1) on Federal, State, tribal, and

private land, taking into account any existing inventories

undertaken by Federal agencies, States, and Indian tribes,

and any additional information available to the Secretary;

(B) the extent to which the abandoned uranium

mines—

(i) pose, or may pose, a significant radiation hazard

or other significant threat to public health and safety;

and

(ii) have caused, or may cause, significant water

quality degradation or other environmental degrada-

tion;

and reclamation of the abandoned uranium mines;

(D) the potential cost and feasibility of remediating

and reclaiming, in accordance with applicable Federal law,

each category of abandoned uranium mines; and

(E) the status of any efforts to remediate and reclaim

abandoned uranium mines.

(b) C

ONSULTATION

.—In preparing the report under subsection

(a), the Secretary shall consult with any other relevant Federal

agencies, affected States and Indian tribes, and interested members

of the public.

EPORT TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than 18 months after the date

of the enactment of this Act, the Secretary shall submit to

the appropriate congressional committees the report under sub-

section (a)(1).

(2) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the Committees on Armed Services of the Senate

and the House of Representatives; and

(B) the Committee on Energy and Natural Resources

of the Senate, the Committee on Energy and Commerce

of the House of Representatives, and the Committee on

Natural Resources of the House of Representatives.

(d) C

ONSTRUCTION

.—Nothing in this section may be construed

to affect any responsibility or liability of the Federal Government,

a State, an Indian tribe, or a person with respect to the remediation

of an abandoned uranium mine.

Subtitle E—Other Matters

SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE

NUCLEAR SAFETY.

(a) I

ENERAL

.—Subtitle C of title XLVI of the Atomic Energy

Defense Act (50 U.S.C. 2731 et seq.) is amended by adding at

the end the following new section:

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126 STAT. 2204 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE

NUCLEAR SAFETY OF FACILITIES OF THE ADMINISTRA-

TION AND THE OFFICE OF ENVIRONMENTAL MANAGE-

MENT.

‘‘(a) N

UCLEAR

AFETY AT

NNSA

AND

DOE F

ACILITIES

.—The

Administrator and the Secretary of Energy shall ensure that the

methods for assessing, certifying, and overseeing nuclear safety

at the facilities specified in subsection (c) use national and inter-

national standards and nuclear industry best practices, including

probabilistic or quantitative risk assessment if sufficient data exist.

‘‘(b) A

DEQUATE

ROTECTION

.—The use of probabilistic or quan-

titative risk assessment under subsection (a) shall be to support,

rather than replace, the requirement under section 182 of the

Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization

or production of special nuclear material will be in accordance

with the common defense and security and will provide adequate

protection to the health and safety of the public.

‘‘(c) F

ACILITIES

PECIFIED

.—Subsection (a) shall apply—

‘‘(1) to the Administrator with respect to the national secu-

rity laboratories and the nuclear weapons production facilities;

and

‘‘(2) to the Secretary of Energy with respect to defense

nuclear facilities of the Office of Environmental Management

of the Department of Energy.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by inserting after the item relating

to section 4644 the following new item:

‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities

of the Administration and the Office of Environmental Management.’’.

SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION

REPORTS AND INDEPENDENT COST ESTIMATES ON LIFE

EXTENSION PROGRAMS AND NEW NUCLEAR FACILITIES.

(a) S

UBMITTAL

EQUIRED

.—Subtitle A of title XLII of the Atomic

Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting

after section 4216, as added by section 3141(a), the following new

section:

‘‘SEC. 4217. SELECTED ACQUISITION REPORTS AND INDEPENDENT

COST ESTIMATES ON LIFE EXTENSION PROGRAMS AND

NEW NUCLEAR FACILITIES.

‘‘(a) S

ELECTED

CQUISITION

EPORTS

.—(1) At the end of each

fiscal-year quarter, the Secretary of Energy, acting through the

Administrator, shall submit to the congressional defense committees

a report on each nuclear weapon system undergoing life extension.

The reports shall be known as Selected Acquisition Reports for

the weapon system concerned.

‘‘(2) The information contained in the Selected Acquisition

Report for a fiscal-year quarter for a nuclear weapon system shall

be the information contained in the Selected Acquisition Report

for such fiscal-year quarter for a major defense acquisition program

under section 2432 of title 10, United States Code, expressed in

terms of the nuclear weapon system.

‘‘(b) I

NDEPENDENT

OST

STIMATES

.—(1) The Secretary, acting

through the Administrator, shall submit to the congressional

defense committees and the Nuclear Weapons Council established

50 USC 2537.

Applicability.

50 USC 2735.

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126 STAT. 2205 PUBLIC LAW 112–239—JAN. 2, 2013

under section 179 of title 10, United States Code, an independent

cost estimate of the following:

‘‘(A) Each nuclear weapon system undergoing life extension

at the completion of phase 6.2A, relating to design definition

and cost study.

‘‘(B) Each nuclear weapon system undergoing life extension

before initiation of phase 6.5, relating to first production.

‘‘(C) Each new nuclear facility within the nuclear security

enterprise that is estimated to cost more than $500,000,000

before such facility achieves critical decision 2 in the acquisition

process.

‘‘(2) A cost estimate for purposes of this subsection may not

be prepared by the Department of Energy or the Administration.

‘‘(c) A

UTHORITY FOR

URTHER

SSESSMENTS

.—Upon the request

of the Administrator, the Secretary of Defense, acting through the

Director of Cost Assessment and Program Evaluation and in con-

sultation with the Administrator, may conduct an independent cost

assessment of any initiative or program of the Administration that

is estimated to cost more than $500,000,000.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by inserting after the item relating

to 4216, as added by section 3141(b), the following new item:

‘‘Sec. 4217. Selected Acquisition Reports and independent cost estimates on life ex-

tension programs and new nuclear facilities.’’.

SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA.

Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162)

is amended—

(1) in subsection d.—

(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; and

(B) by adding at the end the following:

‘‘(2) The Commission may restore to the Restricted Data cat-

egory any information related to the design of nuclear weapons

removed under paragraph (1) if the Commission and the Depart-

ment of Defense jointly determine that—

‘‘(A) the programmatic requirements that caused the

information to be removed from the Restricted Data category

are no longer applicable or have diminished;

‘‘(B) the information would be more appropriately protected

as Restricted Data; and

‘‘(C) restoring the information to the Restricted Data cat-

egory is in the interest of national security.

‘‘(3) In carrying out paragraph (2), information related to the

design of nuclear weapons shall be restored to the Restricted Data

category in accordance with regulations prescribed for purposes

of such paragraph.’’; and

(2) in subsection e.—

(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’;

(B) by striking ‘‘Central’’ and inserting ‘‘National’’; and

‘‘(2) The Commission may restore to the Restricted Data cat-

egory any information concerning atomic energy programs of other

nations removed under paragraph (1) if the Commission and the

Director of National Intelligence jointly determine that—

‘‘(A) the programmatic requirements that caused the

information to be removed from the Restricted Data category

are no longer applicable or have diminished;

Determination.

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126 STAT. 2206 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(B) the information would be more appropriately protected

as Restricted Data; and

‘‘(C) restoring the information to the Restricted Data cat-

egory is in the interest of national security.

‘‘(3) In carrying out paragraph (2), information concerning

atomic energy programs of other nations shall be restored to the

Restricted Data category in accordance with regulations prescribed

for purposes of such paragraph.’’.

SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING

SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES

NUCLEAR WEAPONS STOCKPILE AND NUCLEAR FORCES.

(a) I

ENERAL

.—Section 1305 of the National Defense

Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274p) is—

(1) transferred to the Atomic Energy Defense Act (50 U.S.C.

2501 et seq.);

(2) inserted after section 4217 of such Act, as added by

section 3162(a);

(3) redesignated as section 4218; and

(4) amended by amending subsection (f) to read as follows:

‘‘(f) E

XPRESSION OF

NDIVIDUAL

IEWS

.—

‘‘(1) I

N GENERAL

.—No individual, including representatives

of the President, may take any action against, or otherwise

constrain, a director of a national security laboratory or a

nuclear weapons production facility, a member of the Nuclear

Weapons Council established under section 179 of title 10,

United States Code, or the Commander of the United States

Strategic Command from presenting the professional views of

the director, member, or Commander, as the case may be,

to the President, the National Security Council, or Congress

regarding—

‘‘(A) the safety, security, reliability, or credibility of

the nuclear weapons stockpile and nuclear forces; or

‘‘(B) the status of, and plans for, the capabilities and

infrastructure that support and sustain the nuclear

weapons stockpile and nuclear forces.

‘‘(2) C

ONSTRUCTION

.—Nothing in paragraph (1)(B) may be

construed to affect the interagency budget process.’’.

(b) C

ONFORMING

MENDMENTS

.—Section 4218 of the Atomic

Energy Defense Act, as added by subsection (a), is amended—

(1) by striking ‘‘nuclear weapons laboratories’’ each place

it appears and inserting ‘‘national security laboratories’’;

(2) by striking ‘‘nuclear weapons laboratory’’ each place

it appears and inserting ‘‘national security laboratory’’;

(3) by striking ‘‘nuclear weapons production plants’’ each

place it appears and inserting ‘‘nuclear weapons production

facilities’’;

(4) by striking ‘‘nuclear weapons production plant’’ each

place it appears and inserting ‘‘nuclear weapons production

facility’’; and

(5) by amending subsection (g) to read as follows:

‘‘(g) R

EPRESENTATIVE OF THE

RESIDENT

EFINED

.—In this sec-

tion, the term ‘representative of the President’ means the following:

‘‘(1) Any official of the Department of Defense or the

Department of Energy who is appointed by the President and

confirmed by the Senate.

50 USC 2538.

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126 STAT. 2207 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(2) Any member or official of the National Security

Council.

‘‘(3) Any member or official of the Joint Chiefs of Staff.

‘‘(4) Any official of the Office of Management and Budget.’’.

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of the Atomic Energy Defense Act is amended by inserting

after the item relating to section 4217, as added by section 3162(b),

the following new item:

‘‘Sec. 4218. Advice to President and Congress regarding safety, security, and reli-

ability of United States nuclear weapons stockpile.’’.

SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMERCIALIZATION.

(a) P

ILOT

ROGRAM

.—The Secretary of Energy, in consultation

with the Technology Transfer Coordinator appointed under section

1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)),

may carry out a pilot program at a national security laboratory

for the purpose of accelerating technology transfer from such labora-

tories to the marketplace with respect to technologies that directly

advance the mission of the National Nuclear Security Administra-

tion.

(b) T

ERMINATION

.—The authority to carry out the pilot program

under subsection (a) shall terminate on the date that is two years

after the date of the enactment of this Act.

EPORTS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Secretary shall submit to

the appropriate congressional committees a report on the pilot

program under subsection (a).

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) An identification of opportunities for accelerating

technology transfer from national security laboratories to

the marketplace.

(B) If the Secretary chooses to carry out the pilot

program under subsection (a), a description of the plan

to carry out such program.

program under subsection (a), a description of why the

program will not be carried out.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the following:

(A) The Committees on Armed Services of the Senate

and House of Representatives.

(B) The Committee on Commerce, Science, and

Transportation of the Senate and the Committee on

Science, Space, and Technology of the House of Representa-

tives.

of the Senate and the Committee on Energy and Commerce

of the House of Representatives.

(2) The term ‘‘national security laboratory’’ has the meaning

given that term in section 3281 of the National Nuclear Security

Administration Act (50 U.S.C. 2471).

Consultation.

50 USC 2794.

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126 STAT. 2208 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE

OF THE NUCLEAR SECURITY ENTERPRISE.

(a) E

STABLISHMENT

.—There is established a congressional

advisory panel to be known as the ‘‘Congressional Advisory Panel

on the Governance of the Nuclear Security Enterprise’’ (in this

section referred to as the ‘‘advisory panel’’). The purpose of the

advisory panel is to examine options and make recommendations

for revising the governance structure, mission, and management

of the nuclear security enterprise.

(b) C

OMPOSITION AND

EETINGS

.—

(1) M

EMBERSHIP

.—The advisory panel shall be composed

of 12 members appointed as follows:

(A) Two by the chairman of the Committee on Armed

Services of the House of Representatives.

(B) Two by the ranking minority member of the Com-

mittee on Armed Services of the House of Representatives.

Services of the Senate.

(D) Two by the ranking minority member of the Com-

mittee on Armed Services of the Senate.

(E) One by the Speaker of the House of Representa-

tives.

(F) One by the minority leader of the House of Rep-

resentatives.

(G) One by the majority leader of the Senate.

(H) One by the minority leader of the Senate.

(2) C

CHAIRMEN

.—Two members of the advisory panel

shall serve as co-chairmen of the advisory panel. The co-chair-

men shall be designated as follows:

(A) The chairman of the Committee on Armed Services

of the House of Representatives and the ranking minority

member of the Committee on Armed Services of the Senate,

in consultation with the Speaker of the House of Represent-

atives and the minority leader of the Senate, shall jointly

designate one member of the advisory panel to serve as

co-chairman of the advisory panel.

(B) The chairman of the Committee on Armed Services

of the Senate and the ranking minority member of the

Committee on Armed Services of the House of Representa-

tives, in consultation with the majority leader of the Senate

and the minority leader of the House of Representatives,

shall jointly designate one member of the advisory panel

to serve as co-chairman of the advisory panel.

(3) S

ECURITY CLEARANCE REQUIRED

.—Each individual

appointed as a member of the advisory panel shall possess

(or have recently possessed before the date of such appointment)

the appropriate security clearance necessary to carry out the

duties of the advisory panel.

(4) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—Each member

of the advisory panel shall be appointed for the life of the

advisory panel. Any vacancy in the advisory panel shall be

filled in the same manner as the original appointment.

(5) M

EETINGS

.—The advisory panel shall commence its first

meeting by not later than March 1, 2013, so long as at least

two members have been appointed under paragraph (1) by

such date.

OOPERATION

ROM

OVERNMENT

.—

Deadline.

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126 STAT. 2209 PUBLIC LAW 112–239—JAN. 2, 2013

(1) C

OOPERATION

.—The advisory panel shall receive the

full and timely cooperation of the Secretary of Defense, the

Secretary of Energy, and any other Federal official in providing

the advisory panel with analyses, briefings, and other informa-

tion, including access to classified information, necessary for

the advisory panel to carry out its duties under this section.

With respect to access to classified information, the Director

of National Intelligence may determine which information is

necessary under this paragraph.

(2) L

IAISON

.—The following heads of Federal agencies shall

each designate at least one officer or employee of the respective

agency to serve as a liaison officer between the agency and

the advisory panel:

(A) The Secretary of State.

(B) The Secretary of Defense.

(D) The Secretary of Homeland Security.

(E) The Director of National Intelligence.

(d) R

EPORTS

EQUIRED

.—

(1) I

NTERIM REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the advisory panel shall

submit to the President, the Secretary of Defense, the Secretary

of Energy, the Committees on Armed Services and Energy

and Natural Resources of the Senate, and the Committees

on Armed Services and Energy and Commerce of the House

of Representatives an interim report on the initial findings,

conclusions, and recommendations of the advisory panel. To

the extent practicable, the interim report shall address the

matters described in paragraph (2) and focus on the immediate,

near-term actions the advisory panel recommends be taken.

(2) R

EPORT

.—Not later than February 1, 2014, the advisory

panel shall submit to the President, the Secretary of Defense,

the Secretary of Energy, the Committees on Armed Services

and Energy and Natural Resources of the Senate, and the

Committees on Armed Services and Energy and Commerce

of the House of Representatives a report on the findings, conclu-

sions, and recommendations of the advisory panel. The report

shall include the following:

(A) An assessment of each option considered by the

advisory panel for revising the governance structure, mis-

sion, and management of the nuclear security enterprise,

including the advantages, disadvantages, costs, risks, and

benefits of each such option.

(B) The recommendation of the advisory panel with

respect to the most appropriate governance structure, mis-

sion, and management of the nuclear security enterprise.

respect to—

(i) the appropriate missions of the nuclear security

enterprise, including how complementary missions

should be managed while ensuring focus on core mis-

sions;

(ii) the organization and structure of the nuclear

security enterprise and the Federal agency responsible

for such enterprise;

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126 STAT. 2210 PUBLIC LAW 112–239—JAN. 2, 2013

(iii) the roles, responsibilities, and authorities of

Federal agencies, Federal officials, the national secu-

rity laboratories and nuclear weapons production facili-

ties, and the directors of such laboratories and facili-

ties, including mechanisms for holding such officials

and directors accountable;

(iv) the allocation of roles and responsibilities with

respect to the mission, operations, safety, and security

of the nuclear security enterprise;

(v) the relationships among the Federal agency

responsible for the nuclear security enterprise and the

National Security Council, the Nuclear Weapons

Council, the Department of Energy, the Department

of Defense, and other Federal agencies;

(vi) the interagency planning, programming, and

budgeting process for the nuclear security enterprise;

(vii) the appropriate means for managing and over-

seeing the nuclear security enterprise, including the

role of federally funded research and development cen-

ters, the role and impact of various contracting and

fee structures, the appropriate role of contract competi-

tion and nonprofit and for-profit contractors, and the

use of performance-based and transactional oversight;

(viii) the appropriate means for ensuring the

health of the intellectual capital of the nuclear security

enterprise, including recruitment and retention of per-

sonnel and enhancement of a robust professional cul-

ture of excellence;

(ix) the appropriate means for ensuring the health

and sustainment of the critical capabilities and phys-

ical infrastructure of the nuclear security enterprise;

(x) infrastructure, rules, regulations, best prac-

tices, standards, and appropriate oversight mecha-

nisms to ensure robust protection of the health and

safety of workers and the public while also providing

such workers the ability to effectively and efficiently

carry out their mission;

(xi) the appropriate congressional committee struc-

ture for oversight of the nuclear security enterprise;

(xii) the length of the terms and suggested quali-

fications for senior officials of the Federal agency

responsible for the nuclear security enterprise;

(xiii) contracting, budget planning, program

management, and regulatory changes to reduce the

cost of programs and administration without eroding

mission effectiveness or requirements and ensuring

robust protection of the health and safety of workers

and the public; and

(xiv) statutory, regulatory, and policy changes nec-

essary for implementing the recommendations of the

advisory panel.

(D) An assessment of if and how the recommendations

of the advisory panel will lead to greater mission focus

and more effective and efficient program management for

the nuclear security enterprise.

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126 STAT. 2211 PUBLIC LAW 112–239—JAN. 2, 2013

(E) Any other information or recommendations relating

to the future of the nuclear security enterprise that the

advisory panel considers appropriate.

(e) F

UNDING

.—Of the amounts authorized to be appropriated

by this Act or otherwise made available for fiscal year 2013 for

the Department of Defense, not more than $3,000,000 shall be

made available to the advisory panel to carry out this section.

(f) T

ERMINATION

.—The advisory panel shall terminate not later

than June 1, 2014.

(g) D

EFINITIONS

.—In this section:

(1) The term ‘‘national security laboratory’’ has the meaning

given that term in section 4002(6) of the Atomic Energy Defense

Act, as amended by section 3131(a).

(2) The term ‘‘nuclear security enterprise’’ has the meaning

given that term in section 4002(5) of the Atomic Energy Defense

Act, as amended by section 3131(a).

(3) The term ‘‘nuclear weapons production facility’’ has

the meaning given that term in section 4002(7) of the Atomic

Energy Defense Act, as amended by section 3131(a).

Subtitle F—American Medical Isotopes

Production

SEC. 3171. SHORT TITLE.

This subtitle may be cited as the ‘‘American Medical Isotopes

Production Act of 2012’’.

SEC. 3172. DEFINITIONS.

In this subtitle:

(1) D

EPARTMENT

.—The term ‘‘Department’’ means the

Department of Energy.

(2) H

IGHLY ENRICHED URANIUM

.—The term ‘‘highly enriched

uranium’’ means uranium enriched to 20 percent or greater

in the isotope U–235.

(3) L

OW ENRICHED URANIUM

.—The term ‘‘low enriched ura-

nium’’ means uranium enriched to less than 20 percent in

the isotope U–235.

(4) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Energy.

SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISO-

TOPE SUPPLY.

(a) M

EDICAL

SOTOPE

EVELOPMENT

ROJECTS

.—

(1) I

N GENERAL

.—The Secretary shall carry out a tech-

nology-neutral program—

(A) to evaluate and support projects for the production

in the United States, without the use of highly enriched

uranium, of significant quantities of molybdenum-99 for

medical uses;

(B) to be carried out in cooperation with non-Federal

entities; and

with section 988 of the Energy Policy Act of 2005 (42

U.S.C. 16352).

(2) C

RITERIA

.—Projects shall be evaluated against the fol-

lowing primary criteria:

42 USC 2065.

42 USC 2065

note.

42 USC 2011

note.

American

Medical Isotopes

Production Act

of 2012.

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126 STAT. 2212 PUBLIC LAW 112–239—JAN. 2, 2013

(A) The length of time necessary for the proposed

project to begin production of molybdenum-99 for medical

uses within the United States.

(B) The capability of the proposed project to produce

a significant percentage of United States demand for molyb-

denum-99 for medical uses.

molybdenum-99 in a cost-effective manner.

(D) The cost of the proposed project.

(3) E

XEMPTION

.—An existing reactor in the United States

fueled with highly enriched uranium shall not be disqualified

from the program if the Secretary determines that—

(A) there is no alternative nuclear reactor fuel,

enriched in the isotope U–235 to less than 20 percent,

that can be used in that reactor;

(B) the reactor operator has provided assurances that,

whenever an alternative nuclear reactor fuel, enriched in

the isotope U–235 to less than 20 percent, can be used

in that reactor, it will use that alternative in lieu of highly

enriched uranium; and

on the status of its efforts to convert the reactor to an

alternative nuclear reactor fuel enriched in the isotope

U–235 to less than 20 percent, and an anticipated schedule

for completion of conversion.

(4) P

UBLIC PARTICIPATION AND REVIEW

.—The Secretary

shall—

(A) develop a program plan and annually update the

program plan through public workshops; and

(B) use the Nuclear Science Advisory Committee to

conduct annual reviews of the progress made in achieving

the program goals and make recommendations to improve

program effectiveness.

(b) D

EVELOPMENT

SSISTANCE

.—The Secretary shall carry out

a program to provide assistance for—

(1) the development of fuels, targets, and processes for

domestic molybdenum-99 production that do not use highly

enriched uranium; and

(2) commercial operations using the fuels, targets, and

processes described in paragraph (1).

RANIUM

EASE AND

AKE

BACK

.—

(1) I

N GENERAL

.—The Secretary shall establish a program

to make low enriched uranium available, through lease con-

tracts, for irradiation for the production of molybdenum-99

for medical uses.

(2) T

ITLE

.—The lease contracts shall provide for the pro-

ducers of the molybdenum-99 to take title to and be responsible

for the molybdenum-99 created by the irradiation, processing,

or purification of uranium leased under this section.

(3) D

UTIES

.—

(A) S

ECRETARY

.—The lease contracts shall require the

Secretary—

(i) to retain responsibility for the final disposition

of spent nuclear fuel created by the irradiation, proc-

essing, or purification of uranium leased under this

section for the production of medical isotopes; and

Recommenda-

tions.

Plan.

Deadlines.

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126 STAT. 2213 PUBLIC LAW 112–239—JAN. 2, 2013

(ii) to take title to and be responsible for the final

disposition of radioactive waste created by the irradia-

tion, processing, or purification of uranium leased

under this section for which the Secretary determines

the producer does not have access to a disposal path.

(B) P

RODUCER

.—The producer of the spent nuclear fuel

and radioactive waste shall accurately characterize, appro-

priately package, and transport the spent nuclear fuel and

radioactive waste prior to acceptance by the Department.

(4) C

OMPENSATION

.—

(A) I

N GENERAL

.—Subject to subparagraph (B), the

lease contracts shall provide for compensation in cash

amounts equivalent to prevailing market rates for the sale

of comparable uranium products and for compensation in

cash amounts equivalent to the net present value of the

cost to the Federal Government for—

(i) the final disposition of spent nuclear fuel and

radioactive waste for which the Department is respon-

sible under paragraph (3); and

(ii) other costs associated with carrying out the

uranium lease and take-back program authorized by

this subsection.

(B) D

ISCOUNT RATE

.—The discount rate used to deter-

mine the net present value of costs described in subpara-

graph (A)(ii) shall be not greater than the average interest

rate on marketable Treasury securities.

(5) A

UTHORIZED USE OF FUNDS

.—Subject to the availability

of appropriations, the Secretary may obligate and expend funds

received under leases entered into under this subsection, which

shall remain available until expended, for the purpose of car-

rying out the activities authorized by this subtitle, including

activities related to the final disposition of spent nuclear fuel

and radioactive waste for which the Department is responsible

under paragraph (3).

(6) E

XCHANGE OF URANIUM FOR SERVICES

.—The Secretary

shall not barter or otherwise sell or transfer uranium in any

form in exchange for—

(A) services related to the final disposition of the spent

nuclear fuel and radioactive waste for which the Depart-

ment is responsible under paragraph (3); or

(B) any other services associated with carrying out

the uranium lease and take-back program authorized by

this subsection.

(d) C

OORDINATION OF

NVIRONMENTAL

EVIEWS

.—The Depart-

ment and the Nuclear Regulatory Commission shall ensure to the

maximum extent practicable that environmental reviews for the

production of the medical isotopes shall complement and not dupli-

cate each review.

(e) O

PERATIONAL

ATE

.—The Secretary shall establish a pro-

gram as described in subsection (c)(3) not later than 3 years after

the date of enactment of this Act.

(f) R

ADIOACTIVE

ASTE

.—Notwithstanding section 2 of the

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive

material resulting from the production of medical isotopes that

has been permanently removed from a reactor or subcritical

assembly and for which there is no further use shall be considered

Deadline.

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126 STAT. 2214 PUBLIC LAW 112–239—JAN. 2, 2013

low-level radioactive waste if the material is acceptable under Fed-

eral requirements for disposal as low-level radioactive waste.

SEC. 3174. EXPORTS.

Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d)

is amended by striking subsection c. and inserting the following:

‘‘c. M

EDICAL

RODUCTION

ICENSE

UNSET

.—Effective 7 years

after the date of enactment of the American Medical Isotopes

Production Act of 2012, the Commission may not issue a license

for the export of highly enriched uranium from the United States

for the purposes of medical isotope production.

‘‘d. M

EDICAL

RODUCTION

ICENSE

XTENSION

.—The period

referred to in subsection c. may be extended for no more than

6 years if, no earlier than 6 years after the date of enactment

of the American Medical Isotopes Production Act of 2012, the Sec-

retary of Energy certifies to the Committee on Energy and Com-

merce of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate that—

‘‘(1) there is insufficient global supply of molybdenum-99

produced without the use of highly enriched uranium available

to satisfy the domestic United States market; and

‘‘(2) the export of United States-origin highly enriched ura-

nium for the purposes of medical isotope production is the

most effective temporary means to increase the supply of molyb-

denum-99 to the domestic United States market.

‘‘e. P

UBLIC

OTICE

.—To ensure public review and comment,

the development of the certification described in subsection d. shall

be carried out through announcement in the Federal Register.

‘‘f. J

OINT

ERTIFICATION

.—

‘‘(1) I

N GENERAL

.—In accordance with paragraph (2), the

ban on the export of highly enriched uranium for purposes

of medical isotope production referred to in subsections c. and

d. shall not go into effect unless the Secretary of Energy and

the Secretary of Health and Human Services have jointly cer-

tified that—

‘‘(A) there is a sufficient supply of molybdenum-99

produced without the use of highly enriched uranium avail-

able to meet the needs of patients in the United States;

and

‘‘(B) it is not necessary to export United States-origin

highly enriched uranium for the purposes of medical isotope

production in order to meet United States patient needs.

‘‘(2) T

IME OF CERTIFICATION

.—The joint certification under

paragraph (1) shall be made not later than 7 years after the

date of enactment of the American Medical Isotopes Production

Act of 2012, except that, if the period referred to in subsection

c. is extended under subsection d., the 7-year deadline under

this paragraph shall be extended by a period equal to the

period of such extension under subsection d.

‘‘g. S

USPENSION OF

EDICAL

RODUCTION

ICENSE

.—At any

time after the restriction of export licenses provided for in sub-

section c. becomes effective, if there is a critical shortage in the

supply of molybdenum-99 available to satisfy the domestic United

States medical isotope needs, the restriction of export licenses may

be suspended for a period of no more than 12 months, if—

‘‘(1) the Secretary of Energy certifies to the Congress that

the export of United States-origin highly enriched uranium

Certification.

Time period.

Deadline.

Time period.

Extension.

Federal Register,

publication.

Time period.

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126 STAT. 2215 PUBLIC LAW 112–239—JAN. 2, 2013

for the purposes of medical isotope production is the only effec-

tive temporary means to increase the supply of molybdenum-

99 necessary to meet United States medical isotope needs

during that period; and

‘‘(2) the Congress enacts a Joint Resolution approving the

temporary suspension of the restriction of export licenses.

‘‘h. D

EFINITIONS

.—As used in this section—

‘‘(1) the term ‘alternative nuclear reactor fuel or target’

means a nuclear reactor fuel or target which is enriched to

less than 20 percent in the isotope U–235;

‘‘(2) the term ‘highly enriched uranium’ means uranium

enriched to 20 percent or more in the isotope U–235;

‘‘(3) a fuel or target ‘can be used’ in a nuclear research

or test reactor if—

‘‘(A) the fuel or target has been qualified by the

Reduced Enrichment Research and Test Reactor Program

of the Department of Energy; and

‘‘(B) use of the fuel or target will permit the large

majority of ongoing and planned experiments and medical

isotope production to be conducted in the reactor without

a large percentage increase in the total cost of operating

the reactor; and

‘‘(4) the term ‘medical isotope’ includes molybdenum-99,

iodine-131, xenon-133, and other radioactive materials used

to produce a radiopharmaceutical for diagnostic or therapeutic

procedures or for research and development.’’.

SEC. 3175. REPORT ON DISPOSITION OF EXPORTS.

Not later than 1 year after the date of the enactment of this

Act, the Chairman of the Nuclear Regulatory Commission, after

consulting with other relevant agencies, shall submit to the Con-

gress a report detailing the current disposition of previous United

States exports of highly enriched uranium used as fuel or targets

in a nuclear research or test reactor, including—

(1) their location;

(2) whether they are irradiated;

(3) whether they have been used for the purpose stated

in their export license;

(4) whether they have been used for an alternative purpose

and, if so, whether such alternative purpose has been explicitly

approved by the Commission;

(5) the year of export, and reimportation, if applicable;

(6) their current physical and chemical forms; and

(7) whether they are being stored in a manner which ade-

quately protects against theft and unauthorized access.

SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

(a) I

ENERAL

.—Chapter 10 of the Atomic Energy Act of

1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end

the following:

‘‘a. The Commission may issue a license, or grant an amend-

ment to an existing license, for the use in the United States of

highly enriched uranium as a target for medical isotope production

in a nuclear reactor, only if, in addition to any other requirement

of this Act—

‘‘(1) the Commission determines that—

‘‘(A) there is no alternative medical isotope production

target that can be used in that reactor; and

Determination.

42 USC 2142.

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126 STAT. 2216 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(B) the proposed recipient of the medical isotope

production target has provided assurances that, whenever

an alternative medical isotope production target can be

used in that reactor, it will use that alternative in lieu

of highly enriched uranium; and

‘‘(2) the Secretary of Energy has certified that the United

States Government is actively supporting the development of

an alternative medical isotope production target that can be

used in that reactor.

‘‘b. As used in this section—

‘‘(1) the term ‘alternative medical isotope production target’

means a nuclear reactor target which is enriched to less than

20 percent of the isotope U–235;

‘‘(2) a target ‘can be used’ in a nuclear research or test

reactor if—

‘‘(A) the target has been qualified by the Reduced

Enrichment Research and Test Reactor Program of the

Department of Energy; and

‘‘(B) use of the target will permit the large majority

of ongoing and planned experiments and medical isotope

production to be conducted in the reactor without a large

percentage increase in the total cost of operating the

reactor;

‘‘(3) the term ‘highly enriched uranium’ means uranium

enriched to 20 percent or more in the isotope U–235; and

‘‘(4) the term ‘medical isotope’ includes molybdenum-99,

iodine-131, xenon-133, and other radioactive materials used

to produce a radiopharmaceutical for diagnostic or therapeutic

procedures or for research and development.’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for the Atomic

Energy Act of 1954 is amended by inserting the following new

item at the end of the items relating to chapter 10 of title I:

‘‘Sec. 112. Domestic medical isotope production.’’.

SEC. 3177. ANNUAL DEPARTMENT REPORTS.

(a) I

ENERAL

.—Not later than 1 year after the date of enact-

ment of this Act, and annually thereafter for 5 years, the Secretary

shall report to Congress on Department actions to support the

production in the United States, without the use of highly enriched

uranium, of molybdenum-99 for medical uses.

(b) C

ONTENTS

.—The reports shall include the following:

(1) For medical isotope development projects—

(A) the names of any recipients of Department support

under section 3173;

(B) the amount of Department funding committed to

each project;

project during the year for which support is provided;

(D) how each project is expected to support the

increased production of molybdenum-99 for medical uses;

(E) the findings of the evaluation of projects under

section 3173(a)(2); and

(F) the ultimate use of any Department funds used

to support projects under section 3173.

(2) A description of actions taken in the previous year

by the Secretary to ensure the safe disposition of spent nuclear

Definitions.

Certification.

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126 STAT. 2217 PUBLIC LAW 112–239—JAN. 2, 2013

fuel and radioactive waste for which the Department is respon-

sible under section 3173(c).

SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT.

(a) I

ENERAL

.—The Secretary shall enter into an arrange-

ment with the National Academy of Sciences to conduct a study

of the state of molybdenum-99 production and utilization, to be

provided to Congress not later than 5 years after the date of

enactment of this Act.

(b) C

ONTENTS

.—The report shall include the following:

(1) For molybdenum-99 production—

(A) a list of all facilities in the world producing molyb-

denum-99 for medical uses, including an indication of

whether these facilities use highly enriched uranium in

any way;

(B) a review of international production of molyb-

denum-99 over the previous 5 years, including—

(i) whether any new production was brought

online;

(ii) whether any facilities halted production

unexpectedly; and

(iii) whether any facilities used for production were

decommissioned or otherwise permanently removed

from service; and

5 years toward establishing domestic production of molyb-

denum-99 for medical uses, including the extent to which

other medical isotopes that have been produced with molyb-

denum-99, such as iodine-131 and xenon-133, are being

used for medical purposes.

(2) An assessment of the progress made by the Department

and others to eliminate all worldwide use of highly enriched

uranium in reactor fuel, reactor targets, and medical isotope

production facilities.

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

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

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2013,

$29,415,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).

SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES

SAFETY BOARD.

(a) E

STABLISHMENT

.—Section 311 of the Atomic Energy Act

of 1954 (42 U.S.C. 2286) is amended—

(1) in subsection (b), by striking paragraph (4);

(2) in subsection (c)—

(A) in the heading, by striking ‘‘

AND

ICE

HAIRMAN

’’

and inserting ‘‘, V

ICE

HAIRMAN

AND

EMBERS

’’;

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126 STAT. 2218 PUBLIC LAW 112–239—JAN. 2, 2013

(B) in paragraph (2), by striking ‘‘The Chairman’’ and

inserting ‘‘In accordance with paragraph (5), the Chair-

man’’; and

‘‘(5) Each member of the Board, including the Chairman and

Vice Chairman, shall—

‘‘(A) have equal responsibility and authority in establishing

decisions and determining actions of the Board;

‘‘(B) have full access to all information relating to the

performance of the Board’s functions, powers, and mission;

and

‘‘(C) have one vote.’’.

(b) M

ISSION AND

UNCTIONS

.—

(1) I

N GENERAL

.—Section 312 of the Atomic Energy Act

of 1954 (42 U.S.C. 2286a) is amended—

(A) in the heading, by inserting ‘‘

MISSION AND

’’ before

‘‘

FUNCTIONS

’’;

(B) by redesignating subsections (a) and (b) as sub-

sections (b) and (c), respectively;

by subparagraph (B), the following new subsection (a):

‘‘(a) M

ISSION

.—The mission of the Board shall be to provide

independent analysis, advice, and recommendations to the Secretary

of Energy to inform the Secretary, in the role of the Secretary

as operator and regulator of the defense nuclear facilities of the

Department of Energy, in providing adequate protection of public

health and safety at such defense nuclear facilities.’’; and

(D) in subsection (b), as so redesignated—

(i) in the heading, by striking ‘‘I

ENERAL

’’ and

inserting ‘‘F

UNCTIONS

’’; and

(ii) in paragraph (5), by inserting ‘‘, and specifically

assess risk (whenever sufficient data exists),’’ after

‘‘shall consider’’.

(2) C

LERICAL AMENDMENT

.—The table of contents for the

Atomic Energy Act of 1954 is amended by striking the item

relating to section 312 and inserting the following new item:

‘‘Sec. 312. Mission and functions of the Board.’’.

OARD

ECOMMENDATIONS

.—

(1) I

N GENERAL

.—Section 315 of the Atomic Energy Act

of 1954 (42 U.S.C. 2286d) is amended—

(A) by redesignating subsections (a) through (h) as

subsections (b) through (i), respectively;

(B) by inserting before subsection (b), as redesignated

by subparagraph (A), the following new subsection:

‘‘(a) S

UBMISSION OF

ECOMMENDATIONS

.—(1) Subject to sub-

sections (h) and (i), not later than 30 days before the date on

which the Board transmits a recommendation to the Secretary

of Energy under section 312, the Board shall transmit to the Sec-

retary in writing a draft of such recommendation and any related

findings, supporting data, and analyses to ensure the Secretary

is adequately informed of a formal recommendation and to provide

the Secretary an opportunity to provide input to the Board before

such recommendation is finalized.

‘‘(2) The Secretary may provide to the Board comments on

a draft recommendation transmitted by the Board under paragraph

(1) by not later than 30 days after the date on which the Secretary

Deadlines.

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126 STAT. 2219 PUBLIC LAW 112–239—JAN. 2, 2013

receives the draft recommendation. The Board may grant, upon

request by the Secretary, additional time for the Secretary to

transmit comments to the Board.

‘‘(3) After the period of time in which the Secretary may provide

comments under paragraph (2) elapses, the Board may transmit

a final recommendation to the Secretary.’’; and

to read as follows:

‘‘(b) P

UBLIC

VAILABILITY AND

OMMENT

.—Subject to sub-

sections (h) and (i), after the Secretary of Energy receives a rec-

ommendation from the Board under subsection (a)(3), the Board

shall promptly make available to the public such recommendation

and any related correspondence from the Secretary by—

‘‘(1) providing such recommendation and correspondence

to the public in the regional public reading rooms of the Depart-

ment of Energy; and

‘‘(2) publishing in the Federal Register—

‘‘(A) such recommendation and correspondence; and

‘‘(B) a request for the submission to the Board of public

comments on such recommendation that provides

interested persons with 30 days after the date of the

publication in which to submit comments, data, views, or

arguments to the Board concerning the recommendation.’’.

(2) T

ECHNICAL AND CONFORMING AMENDMENTS

.—Such sec-

tion 315 is further amended—

(A) in subsection (c), as redesignated by paragraph

(1)(A)—

(i) in paragraph (1), by striking ‘‘subsection (a)’’

and inserting ‘‘subsection (b)’’; and

(ii) in paragraph (2), by striking ‘‘subsection (h)’’

and inserting ‘‘subsection (i)’’;

(B) in subsection (d), as so redesignated, by striking

‘‘subsection (a) or (b)’’ and inserting ‘‘subsection (b) or (c)’’;

(i) by striking ‘‘subsection (b)(1)’’ and inserting

‘‘subsection (c)(1)’’; and

(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-

section (i)’’;

(D) in subsection (g), as so redesignated—

(i) in paragraph (1), as so redesignated, by striking

‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; and

(ii) in paragraph (2), by striking ‘‘, to the Commit-

tees on Armed Services and on Appropriations of the

Senate, and to the Speaker of the House of Representa-

tives’’ and inserting ‘‘and to such committees’’;

(E) in subsection (h), as so redesignated—

(i) in paragraph (1), as so redesignated, by striking

‘‘through (d)’’ and inserting ‘‘through (e)’’; and

(ii) in paragraph (3), by striking ‘‘and the Speaker’’;

and

(F) by striking ‘‘Committees on Armed Services and

on Appropriations of the Senate and to the Speaker of

the House of Representatives’’ each place it appears and

inserting ‘‘Committees on Armed Services, Appropriations,

and Energy and Commerce of the House of Representatives

and the Committees on Armed Services, Appropriations,

and Energy and Natural Resources of the Senate’’.

Federal Register,

publication.

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126 STAT. 2220 PUBLIC LAW 112–239—JAN. 2, 2013

(d) R

EPORTS

.—Section 316 of the Atomic Energy Act of 1954

(42 U.S.C. 2286e) is amended by striking ‘‘Committees on Armed

Services and on Appropriations of the Senate and to the Speaker

of the House of Representatives’’ each place it appears and inserting

‘‘Committees on Armed Services, Appropriations, and Energy and

Commerce of the House of Representatives and the Committees

on Armed Services, Appropriations, and Energy and Natural

Resources of the Senate’’.

(e) I

NFORMATION TO

ONGRESS

.—Section 320 of the Atomic

Energy Act of 1954 (42 U.S.C. 2286h–1) is amended—

(1) by striking ‘‘submitted to the Congress’’ and inserting

‘‘submitted to the Committees on Armed Services, Appropria-

tions, and Energy and Commerce of the House of Representa-

tives and the Committees on Armed Services, Appropriations,

and Energy and Natural Resources of the Senate’’; and

(2) by striking ‘‘the Congress.’’ and inserting ‘‘such commit-

tees.’’.

(f) I

NSPECTOR

ENERAL

.—

(1) I

N GENERAL

.—Chapter 21 of the Atomic Energy Act

of 1954 (42 U.S.C. 2286 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 322. INSPECTOR GENERAL.

‘‘(a) I

ENERAL

.—Not later than October 1, 2013, the Board

shall enter into an agreement with an agency of the Federal Govern-

ment to procure the services of the Inspector General of such

agency for the Board, in accordance with the Inspector General

Act of 1978 (5 U.S.C. App.). Such Inspector General shall have

expertise relating to the mission of the Board.

‘‘(b) B

UDGET

.—In the budget materials submitted to the Presi-

dent by the Board in connection with the submission to Congress,

pursuant to section 1105 of title 31, United States Code, of the

budget for each fiscal year, the Board shall ensure that a separate,

dedicated procurement line item is designated for the services of

an Inspector General under subsection (a).’’.

(2) C

LERICAL AMENDMENT

.—The table of contents for the

Atomic Energy Act of 1954 is amended by inserting after the

item relating to section 321 the following new item:

‘‘Sec. 322. Inspector General.’’.

(g) T

ECHNICAL

MENDMENT

.—Section 313(j)(2) of the Atomic

Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking

‘‘section’’ and all that follows through ‘‘implementation’’ and

inserting ‘‘section 312(b)(1), the implementation’’.

(h) S

AFETY

TANDARDS

.—Nothing in this section or in the

amendments made by this section shall be construed to cause

a reduction in nuclear safety standards.

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) A

MOUNT

.—There are hereby authorized to be appropriated

to the Secretary of Energy $14,909,000 for fiscal year 2013 for

42 USC 2286

note.

Deadline.

Contracts.

42 USC 2286k.

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126 STAT. 2221 PUBLIC LAW 112–239—JAN. 2, 2013

the purpose of carrying out activities under chapter 641 of title

10, United States Code, relating to the naval petroleum reserves.

(b) P

ERIOD OF

VAILABILITY

.—Funds appropriated pursuant to

the authorization of appropriations in subsection (a) shall remain

available until expended.

TITLE XXXV—MARITIME

ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects of the mer-

chant 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.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL

SECURITY ASPECTS OF THE MERCHANT MARINE FOR

FISCAL YEAR 2013.

Funds are hereby authorized to be appropriated for fiscal year

2013, to be available without fiscal year limitation if so provided

in appropriations Acts, for the use of the Department of Transpor-

tation for Maritime Administration programs associated with

maintaining national security aspects of the merchant marine, as

follows:

(1) For expenses necessary for operations of the United

States Merchant Marine Academy, $77,253,000, of which—

(A) $67,253,000 shall remain available until expended

for Academy operations; and

(B) $10,000,000 shall remain available until expended

for capital asset management at the Academy.

(2) For expenses necessary to support the State maritime

academies, $16,045,000, of which—

(A) $2,400,000 shall remain available until expended

for student incentive payments;

(B) $2,545,000 shall remain available until expended

for direct payments to such academies; and

for maintenance and repair of State maritime academy

training vessels.

(3) For expenses necessary to dispose of vessels in the

National Defense Reserve Fleet, $12,717,000, to remain avail-

able until expended.

(4) For expenses to maintain and preserve a United States-

flag merchant marine to serve the national security needs

of the United States under chapter 531 of title 46, United

States Code, $186,000,000.

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126 STAT. 2222 PUBLIC LAW 112–239—JAN. 2, 2013

(5) For the cost (as defined in section 502(5) of the Federal

Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees

under the program authorized by chapter 537 of title 46, United

States Code, $3,750,000, all of which shall remain available

until expended for administrative expenses of the program.

SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION REGULATION.

Section 3502(b) 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–490), is amended by striking

‘‘the enactment of this Act’’ and inserting ‘‘contract award’’.

SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VES-

SELS TO THOSE OVER 1,500 GROSS TONS.

Section 57101(a) of title 46, United States Code, is amended

by inserting ‘‘of 1,500 gross tons or more or such other vessels

as the Secretary of Transportation shall determine are appropriate’’

after ‘‘Administration’’.

SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES.

Section 51103(b) of title 46, United States Code, is amended

by striking so much as precedes paragraph (2) and inserting the

following:

‘‘(b) P

ROPERTY FOR

NSTRUCTIONAL

URPOSES

.—

‘‘(1) I

N GENERAL

.—The Secretary of Transportation may

cooperate with and assist the institutions named in paragraph

(2) by making vessels, fuel, shipboard equipment, and other

marine equipment, owned by the United States Government

and determined by the entity having custody and control of

such property to be excess or surplus, available to those institu-

tions for instructional purposes, by gift, loan, sale, lease, or

charter on terms and conditions the Secretary considers appro-

priate. The consent of the Secretary of the Navy shall be

obtained with respect to any property from National Defense

Reserve Fleet vessels (50 U.S.C. App. 1744) where such vessels

are either Ready Reserve Force vessels or other National

Defense Reserve Fleet vessels determined to be of sufficient

value to the Navy to warrant their further preservation and

retention.’’.

SEC. 3505. CLARIFICATION OF HEADING.

(a) I

ENERAL

.—The section designation and heading for sec-

tion 57103 of title 46, United States Code, is amended to read

as follows:

‘‘§ 57103. Donation of nonretention vessels in the National

Defense Reserve Fleet’’.

(b) C

LERICAL

MENDMENT

.—The analysis for chapter 571 of

title 46, United States Code, is amended by striking the item

relating to section 57103 and inserting the following:

‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’.

SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE

RESERVE FLEET.

Section 57101 of title 46, United States Code, is amended

by adding at the end the following:

‘‘(c) A

UTHORITY OF

EDERAL

NTITIES

RANSFER

ESSELS

.—

All Federal entities are authorized to transfer vessels to the

16 USC 5405

note.

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126 STAT. 2223 PUBLIC LAW 112–239—JAN. 2, 2013

National Defense Reserve Fleet without reimbursement subject to

the approval of the Secretary of Transportation and the Secretary

of the Navy with respect to Ready Reserve Force vessels and the

Secretary of Transportation with respect to all other vessels.’’.

SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE

RESERVE FLEET.

Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Mer-

chant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are

amended to read as follows:

‘‘(B) activate and conduct sea trials on each vessel

at a frequency that is deemed necessary;

‘‘(C) maintain and adequately crew, as necessary, in

an enhanced readiness status those vessels that are sched-

uled to be activated in 5 or less days;

‘‘(D) locate those vessels that are scheduled to be acti-

vated near embarkation ports specified for those vessels;

and’’.

SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

(a) D

EFINITIONS

.—Section 53101 of title 46, United States Code,

is amended—

(1) by amending paragraph (4) to read as follows:

‘‘(4) F

OREIGN COMMERCE

.—The term ‘foreign commerce’

means—

‘‘(A) commerce or trade between the United States,

its territories or possessions, or the District of Columbia,

and a foreign country; and

‘‘(B) commerce or trade between foreign countries.’’;

(2) by striking paragraph (5);

(3) by redesignating paragraphs (6) through (13) as para-

graphs (5) through (12), respectively; and

(4) by amending paragraph (5), as so redesignated, to read

as follows:

‘‘(5) P

ARTICIPATING FLEET VESSEL

.—The term ‘participating

fleet vessel’ means any vessel that—

‘‘(A) on October 1, 2015—

‘‘(i) meets the requirements of paragraph (1), (2),

(3), or (4) of section 53102(c); and

‘‘(ii) is less than 20 years of age if the vessel

is a tank vessel, or is less than 25 years of age for

all other vessel types; and

‘‘(B) on December 31, 2014, is covered by an operating

agreement under this chapter.’’.

(b) V

ESSEL

LIGIBILITY

.—Section 53102(b) of such title is

amended to read as follows:

‘‘(b) V

ESSEL

LIGIBILITY

.—A vessel is eligible to be included

in the Fleet if—

‘‘(1) the vessel meets the requirements of paragraph (1),

(2), (3), or (4) of subsection (c);

‘‘(2) the vessel is operated (or in the case of a vessel

to be constructed, will be operated) in providing transportation

in foreign commerce;

‘‘(3) the vessel is self-propelled and—

‘‘(A) is a tank vessel that is 10 years of age or less

on the date the vessel is included in the Fleet; or

‘‘(B) is any other type of vessel that is 15 years of

age or less on the date the vessel is included in the Fleet;

Effective dates.

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126 STAT. 2224 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(4) the vessel—

‘‘(A) is suitable for use by the United States for national

defense or military purposes in time of war or national

emergency, as determined by the Secretary of Defense;

and

‘‘(B) is commercially viable, as determined by the Sec-

retary; and

‘‘(5) the vessel—

‘‘(A) is a United States-documented vessel; or

‘‘(B) is not a United States-documented vessel, but—

‘‘(i) the owner of the vessel has demonstrated an

intent to have the vessel documented under chapter

121 of this title if it is included in the Fleet; and

‘‘(ii) at the time an operating agreement for the

vessel is entered into under this chapter, the vessel

is eligible for documentation under chapter 121 of this

title.’’.

PERATING

GREEMENTS

.—Section 53103 of such title is

amended—

(1) by amending subsection (b) to read as follows:

‘‘(b) E

XTENSION OF

XISTING

PERATING

GREEMENTS

.—

‘‘(1) O

FFER TO EXTEND

.—Not later than 60 days after the

date of enactment of this paragraph, the Secretary shall offer,

to an existing contractor, to extend, through September 30,

2025, an operating agreement that is in existence on the date

of enactment of this paragraph. The terms and conditions of

the extended operating agreement shall include terms and

conditions authorized under this chapter, as amended from

time to time.

‘‘(2) T

IME LIMIT

.—An existing contractor shall have not

later than 120 days after the date the Secretary offers to

extend an operating agreement to agree to the extended oper-

ating agreement.

‘‘(3) S

UBSEQUENT AWARD

.—The Secretary may award an

operating agreement to an applicant that is eligible to enter

into an operating agreement for fiscal years 2016 through 2025

if the existing contractor does not agree to the extended oper-

ating agreement under paragraph (2).’’; and

(2) by amending subsection (c) to read as follows:

‘‘(c) P

ROCEDURE FOR

WARDING

PERATING

GREE

MENTS

.—The Secretary may enter into a new operating agreement

with an applicant that meets the requirements of section 53102(c)

(for vessels that meet the qualifications of section 53102(b)) on

the basis of priority for vessel type established by military require-

ments of the Secretary of Defense. The Secretary shall allow an

applicant at least 30 days to submit an application for a new

operating agreement. After consideration of military requirements,

priority shall be given to an applicant that is a United States

citizen under section 50501 of this title. The Secretary may not

approve an application without the consent of the Secretary of

Defense. The Secretary shall enter into an operating agreement

with the applicant or provide a written reason for denying the

application.’’.

(d) R

EPEAL OF

ARLY

ERMINATION BY

ONTRACTOR

.—Section

53104 of such title is amended—

(1) in subsection (c), by striking paragraph (3); and

Time period.

Deadlines.

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126 STAT. 2225 PUBLIC LAW 112–239—JAN. 2, 2013

(2) in subsection (e), by striking ‘‘an operating agreement

under this chapter is terminated under subsection (c)(3), or

if’’.

(e) T

RANSFER OF

PERATING

GREEMENTS

.—Section 53105 of

such title is amended—

(1) by amending subsection (e) to read as follows:

‘‘(e) T

RANSFER OF

PERATING

GREEMENTS

.—A contractor under

an operating agreement may transfer the agreement (including

all rights and obligations under the operating agreement) to any

person that is eligible to enter into the operating agreement under

this chapter if the Secretary and the Secretary of Defense determine

that the transfer is in the best interests of the United States.

A transaction shall not be considered a transfer of an operating

agreement if the same legal entity with the same vessels remains

the contracting party under the operating agreement.’’; and

(2) by amending subsection (f) to read as follows:

‘‘(f) R

EPLACEMENT

ESSELS

.—A contractor may replace a vessel

under an operating agreement with another vessel that is eligible

to be included in the Fleet under section 53102(b), if the Secretary,

in conjunction with the Secretary of Defense, approves the replace-

ment of the vessel.’’.

(f) P

AYMENTS

.—Section 53106 of such title is amended—

(1) in subsection (a)(1), by striking ‘‘and’’ after the semicolon

at the end of subparagraph (B), and by striking subparagraph

‘‘(C) $3,100,000 for each of fiscal years 2012, 2013,

2014, 2015, 2016, 2017, and 2018;

‘‘(D) $3,500,000 for each of fiscal years 2019, 2020,

and 2021; and

‘‘(E) $3,700,000 for each of fiscal years 2022, 2023,

2024, and 2025.’’;

(2) in subsection (c)(3)(C), by striking ‘‘a LASH vessel.’’

and inserting ‘‘a lighter aboard ship vessel.’’; and

(3) by striking subsection (f).

(g) E

MERGENCY

REPAREDNESS

GREEMENTS

.—Section

53107(b)(1) of such title is amended to read as follows:

‘‘(1) I

N GENERAL

.—An Emergency Preparedness Agreement

under this section shall require that a contractor for a vessel

covered by an operating agreement under this chapter shall

make commercial transportation resources (including services)

available, upon request by the Secretary of Defense during

a time of war or national emergency, or whenever the Secretary

of Defense determines that it is necessary for national security

or contingency operation (as that term is defined in section

101 of title 10, United States Code).’’.

(h) R

EPEAL OF

AIVER OF

ESTRICTION

.—Section 53109

of such title is repealed.

(i) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 53111 of such

title is amended—

(1) by striking ‘‘and’’ at the end of paragraph (2); and

(2) by amending paragraph (3) to read as follows:

‘‘(3) $186,000,000 for each of fiscal years 2012, 2013, 2014,

2015, 2016, 2017, and 2018;

‘‘(4) $210,000,000 for each of fiscal years 2019, 2020, and

2021; and

‘‘(5) $222,000,000 for each fiscal year thereafter through

fiscal year 2025.’’.

Determination.

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126 STAT. 2226 PUBLIC LAW 112–239—JAN. 2, 2013

(j) E

FFECTIVE

ATE OF

MENDMENTS

.—The amendments made

by—

(1) paragraphs (2), (3), and (4) of subsection (a) take effect

on December 31, 2014; and

(2) subsection (f)(2) take effect on December 31, 2014.

SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION.

(a) A

SSESSMENT

.—The Maritime Administrator shall assess the

potential for using container-on-barge transportation in short sea

transportation (as such term is defined in section 55605 of title

46, United States Code).

(b) F

ACTORS

.—In conducting the assessment under subsection

(a), the Administrator shall consider—

(1) the environmental benefits of increasing container-on-

barge movements in short sea transportation;

(2) the regional differences in the use of short sea transpor-

tation;

(3) the existing programs established at coastal and Great

Lakes ports for establishing awareness of deep sea shipping

operations;

(4) the mechanisms necessary to ensure that implementa-

tion of a plan under subsection (c) will not be inconsistent

with antitrust laws; and

(5) the potential frequency of container-on-barge service

at short sea transportation ports.

ECOMMENDATIONS

.—The assessment under subsection (a)

may include recommendations for a plan to increase awareness

of the potential for use of container-on-barge transportation.

(d) D

EADLINE

.—Not later than 180 days after the date of enact-

ment of this title, the Administrator shall submit the assessment

required under this section to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Transpor-

tation and Infrastructure of the House of Representatives.

SEC. 3510. SHORT SEA TRANSPORTATION.

(a) P

URPOSE

.—Section 55601 of title 46, United States Code,

is amended—

(1) in subsection (a), by striking ‘‘landside congestion.’’ and

inserting ‘‘landside congestion or to promote short sea transpor-

tation.’’;

(2) in subsection (c), by striking ‘‘coastal corridors’’ and

inserting ‘‘coastal corridors or to promote short sea transpor-

tation’’;

(3) in subsection (d), by striking ‘‘that the project may’’

and all that follows through the end of the subsection and

inserting ‘‘that the project uses documented vessels and—

‘‘(1) mitigates landside congestion; or

‘‘(2) promotes short sea transportation.’’; and

(4) in subsection (f), by striking ‘‘shall’’ each place it appears

and inserting ‘‘may’’.

(b) D

OCUMENTATION

.—Section 55605 of title 46, United States

Code, is amended in the matter preceding paragraph (1) by striking

‘‘by vessel’’ and inserting ‘‘by a documented vessel’’.

SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.

(a) I

ENERAL

.—Chapter 503 of title 46, United States Code,

is amended by adding at the end the following:

46 USC 53101

note.

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126 STAT. 2227 PUBLIC LAW 112–239—JAN. 2, 2013

‘‘§ 50307. Maritime environmental and technical assistance

‘‘(a) I

ENERAL

.—The Secretary of Transportation may engage

in the environmental study, research, development, assessment,

and deployment of emerging marine technologies and practices

related to the marine transportation system through the use of

public vessels under the control of the Maritime Administration

or private vessels under United States registry, and through part-

nerships and cooperative efforts with academic, public, private,

and non-governmental entities and facilities.

‘‘(b) R

EQUIREMENTS

.—The Secretary of Transportation may—

‘‘(1) identify, study, evaluate, test, demonstrate, or improve

emerging marine technologies and practices that are likely

to achieve environmental improvements by—

‘‘(A) reducing air emissions, water emissions, or other

ship discharges;

‘‘(B) increasing fuel economy or the use of alternative

fuels and alternative energy (including the use of shore

power); or

‘‘(C) controlling aquatic invasive species; and

‘‘(2) coordinate with the Environmental Protection Agency,

the United States Coast Guard, and other Federal, State, local,

or tribal agencies, as appropriate.

‘‘(c) C

OORDINATION

.—Coordination under subsection (b)(2) may

include—

‘‘(1) activities that are associated with the development

or approval of validation and testing regimes; and

‘‘(2) certification or validation of emerging technologies or

practices that demonstrate significant environmental benefits.

‘‘(d) A

SSISTANCE

.—The Secretary of Transportation may accept

gifts, or enter into cooperative agreements, contracts, or other agree-

ments with academic, public, private, and non-governmental entities

to carry out the activities authorized under subsection (a).’’.

(b) C

ONFORMING

MENDMENT

.—The table of contents for

chapter 503 of title 46, United States Code, is amended by inserting

after the item relating to section 50306 the following:

‘‘50307. Maritime environmental and technical assistance.’’.

SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED

UNITED STATES FLAG CAPACITY TO MEET NATIONAL

DEFENSE REQUIREMENTS.

Section 501(b) of title 46, United States Code, is amended—

(1) by striking ‘‘When the head’’ and inserting the following:

‘‘(1) I

N GENERAL

.—When the head’’; and

(2) by adding at the end the following:

‘‘(2) D

ETERMINATIONS

.—The Maritime Administrator

shall—

‘‘(A) for each determination referred to in paragraph

(1), identify any actions that could be taken to enable

qualified United States flag capacity to meet national

defense requirements;

‘‘(B) provide notice of each such determination to the

Secretary of Transportation and the head of the agency

referred to in paragraph (1) for which the determination

is made; and

‘‘(C) publish each such determination on the Internet

Web site of the Department of Transportation not later

Web posting.

Deadline.

Notification.

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126 STAT. 2228 PUBLIC LAW 112–239—JAN. 2, 2013

than 48 hours after notice of the determination is provided

to the Secretary of Transportation.

‘‘(3) N

OTICE TO CONGRESS

.—

‘‘(A) I

N GENERAL

.—The head of an agency referred

to in paragraph (1) shall notify the Committee on Transpor-

tation and Infrastructure and the Committee on Armed

Services of the House of Representatives and the Com-

mittee on Commerce, Science, and Transportation and the

Committee on Armed Services of the Senate—

‘‘(i) of any request for a waiver of the navigation

or vessel-inspection laws under this section not later

than 48 hours after receiving such a request; and

‘‘(ii) of the issuance of any such waiver not later

than 48 hours after such issuance.

‘‘(B) C

ONTENTS

.—Such head of an agency shall include

in each notification under subparagraph (A)(ii) an expla-

nation of—

‘‘(i) the reasons the waiver is necessary; and

‘‘(ii) the reasons actions referred to in paragraph

(2)(A) are not feasible.’’.

SEC. 3513. MARITIME WORKFORCE STUDY.

(a) T

RAINING

TUDY

.—The Comptroller General of the United

States shall conduct a study on the training needs of the maritime

workforce.

(b) S

TUDY

OMPONENTS

.—The study shall—

(1) analyze the impact of maritime training requirements

imposed by domestic and international regulations and conven-

tions, companies, and government agencies that charter or

operate vessels;

(2) evaluate the ability of the United States maritime

training infrastructure to meet the needs of the maritime

industry;

(3) identify trends in maritime training;

(4) compare the training needs of United States mariners

with the vocational training and educational assistance pro-

grams available from Federal agencies to evaluate the ability

of Federal programs to meet the training needs of United

States mariners;

(5) include recommendations to enhance the capabilities

of the United States maritime training infrastructure; and

(6) include recommendations to assist United States mari-

ners and those entering the maritime profession to achieve

the required training.

INAL

EPORT

.—Not later than 1 year after the date of

enactment of this title, the Comptroller General shall submit a

report on the results of the study to the Committee on Commerce,

Science, and Transportation and the Committee on Armed Services

of the Senate and the Committee on Transportation and Infrastruc-

ture and the Committee on Armed Services of the House of Rep-

resentatives.

SEC. 3514. MARITIME ADMINISTRATION VESSEL RECYCLING CON-

TRACT AWARD PRACTICES.

(a) I

ENERAL

.—Not later than 12 months after the date

of enactment of this title, the Comptroller General of the United

States shall conduct an assessment of the source selection proce-

dures and practices used to award the Maritime Administration’s

Deadline.

Assessment.

Deadlines.

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126 STAT. 2229 PUBLIC LAW 112–239—JAN. 2, 2013

National Defense Reserve Fleet vessel recycling contracts. The

Comptroller General shall assess the process, procedures, and prac-

tices used for the Maritime Administration’s qualification of vessel

recycling facilities. The Comptroller General shall report the

findings to the Committee on Commerce, Science, and Transpor-

tation and the Committee on Armed Services of the Senate, and

the Committee on Transportation and Infrastructure and the Com-

mittee on Armed Services of the House of Representatives.

(b) A

SSESSMENT

.—The assessment under subsection (a) shall

include a review of whether the Maritime Administration’s contract

source selection procedures and practices are consistent with law,

the Federal Acquisition Regulation (FAR), and Federal best prac-

tices associated with making source selection decisions.

ONSIDERATIONS

.—In making the assessment under sub-

section (a), the Comptroller General may consider any other aspect

of the Maritime Administration’s vessel recycling process that the

Comptroller General deems appropriate to review.

SEC. 3515. REQUIREMENT FOR BARGE DESIGN.

Not later than 270 days after the date of enactment of this

title, the Maritime Administrator shall complete the design for

a containerized, articulated barge, as identified in the dual-use

vessel study carried out by the Administrator and the Secretary

of Defense, that is able to utilize roll-on/roll-off or load-on/load-

off technology in marine highway maritime commerce.

SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.

Section 51103(b)(2)(C) of title 46, United States Code, is

amended by inserting ‘‘or a training institution that is an

instrumentality of a State, Territory, or Commonwealth of the

United States or District of Columbia or a unit of local government

thereof’’ after ‘‘a nonprofit training institution’’.

SEC. 3517. COORDINATION WITH OTHER LAWS.

(a) E

ARLIER

NACTMENT OF

OAST

UARD AND

ARITIME

RANSPORTATION

CT OF

2012.—If the date of the enactment of

the Coast Guard and Maritime Transportation Act of 2012 (H.R.

2838, 112th Congress) is before the date of the enactment of this

Act:

(1) Sections 3501, 3503 through 3507, and 3509 through

3516 of this Act, and any amendments made by those sections,

shall not go into effect.

(2) Section 501(b)(3)(A) of title 46, United States Code

(as added by section 301(2) of the Coast Guard and Maritime

Transportation Act of 2012), is amended by striking ‘‘the Com-

mittee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate’’ and inserting ‘‘the Committee

on Transportation and Infrastructure and the Committee on

Armed Services of the House of Representatives and the Com-

mittee on Commerce, Science, and Transportation and the Com-

mittee on Armed Services of the Senate’’.

(3) Section 414(c) of the Coast Guard and Maritime

Transportation Act of 2012 is amended by striking ‘‘the Com-

mittee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of

the House of Representatives’’ and inserting ‘‘the Committee

on Commerce, Science, and Transportation and the Committee

Deadline.

Reports.

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126 STAT. 2230 PUBLIC LAW 112–239—JAN. 2, 2013

on Armed Services of the Senate and the Committee on

Transportation and Infrastructure and the Committee on

Armed Services of the House of Representatives’’.

(b) L

ATER

NACTMENT OF

OAST

UARD AND

ARITIME

RANSPORTATION

CT OF

2012.—If the date of the enactment of

the Coast Guard and Maritime Transportation Act of 2012 (H.R.

2838, 112th Congress) is after the date of the enactment of this

Act, sections 301, 402 through 408, 410 through 412, 414, and

415 of such Act, and any amendments made by those sections,

shall not go into effect.

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 op-

erations.

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. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) I

ENERAL

.—Whenever a funding table in this division

specifies a dollar amount authorized for a project, program, or

activity, the obligation and expenditure of the specified dollar

amount for the project, program, or activity is hereby authorized,

subject to the availability of appropriations.

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126 STAT. 2231 PUBLIC LAW 112–239—JAN. 2, 2013

(b) M

ERIT

BASED

ECISIONS

.—A decision to commit, obligate, or

expend funds with or to a specific entity on the basis of a dollar

amount authorized pursuant to subsection (a) shall—

(1) be based on merit-based selection procedures in accord-

ance with the requirements of sections 2304(k) and 2374 of

title 10, United States Code, or on competitive procedures;

and

(2) comply with other applicable provisions of law.

ELATIONSHIP TO

RANSFER AND

ROGRAMMING

UTHORITY

.—An amount specified in the funding tables in this

division may be transferred or reprogrammed under a transfer

or reprogramming authority provided by another provision of this

Act or by other law. The transfer or reprogramming of an amount

specified in such funding tables shall not count against a ceiling

on such transfers or reprogrammings under section 1001 or section

1522 of this Act or any other provision of law, unless such transfer

or reprogramming would move funds between appropriation

accounts.

(d) A

PPLICABILITY TO

LASSIFIED

NNEX

.—This section applies

to any classified annex that accompanies this Act.

(e) O

RAL AND

RITTEN

OMMUNICATIONS

.—No oral or written

communication concerning any amount specified in the funding

tables in this division shall supersede the requirements of this

section.

TITLE XLI—PROCUREMENT

SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

FIXED WING

001 UTILITY F/W AIRCRAFT ................................................................. 18,639 18,639

003 MQ–1 UAV .......................................................................................... 518,088 518,088

004 RQ–11 (RAVEN) ................................................................................. 25,798 25,798

ROTARY

006 HELICOPTER, LIGHT UTILITY (LUH) .......................................... 271,983 271,983

007 AH–64 APACHE BLOCK IIIA REMAN ........................................... 577,115 577,115

008 ADVANCE PROCUREMENT (CY) ............................................... 107,707 107,707

009 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 153,993 153,993

010 ADVANCE PROCUREMENT (CY) ............................................... 146,121 146,121

013 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 1,107,087 1,107,087

014 ADVANCE PROCUREMENT (CY) ............................................... 115,113 115,113

015 CH–47 HELICOPTER ........................................................................ 1,076,036 1,076,036

016 ADVANCE PROCUREMENT (CY) ............................................... 83,346 83,346

MODIFICATION OF AIRCRAFT

018 MQ–1 PAYLOAD—UAS ..................................................................... 231,508 231,508

020 GUARDRAIL MODS (MIP) ............................................................... 16,272 16,272

021 MULTI SENSOR ABN RECON (MIP) ............................................. 4,294 4,294

022 AH–64 MODS ..................................................................................... 178,805 178,805

023 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 39,135 39,135

024 UTILITY/CARGO AIRPLANE MODS .............................................. 24,842 24,842

026 UTILITY HELICOPTER MODS ....................................................... 73,804 73,804

027 KIOWA WARRIOR MODS ................................................................ 192,484 192,484

029 NETWORK AND MISSION PLAN ................................................... 190,789 190,789

030 COMMS, NAV SURVEILLANCE ...................................................... 133,191 133,191

031 GATM ROLLUP .................................................................................. 87,280 87,280

032 RQ–7 UAV MODS .............................................................................. 104,339 104,339

GROUND SUPPORT AVIONICS

034 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 34,037 34,037

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126 STAT. 2232 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

036 CMWS .................................................................................................. 127,751 127,751

OTHER SUPPORT

037 AVIONICS SUPPORT EQUIPMENT ............................................... 4,886 4,886

038 COMMON GROUND EQUIPMENT ................................................. 82,511 82,511

039 AIRCREW INTEGRATED SYSTEMS .............................................. 77,381 77,381

040 AIR TRAFFIC CONTROL ................................................................. 47,235 47,235

041 INDUSTRIAL FACILITIES ............................................................... 1,643 1,643

042 LAUNCHER, 2.75 ROCKET .............................................................. 516 516

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 5,853,729 5,853,729

MISSILE PROCUREMENT, ARMY

SURFACE-TO-AIR MISSILE SYSTEM

001 PATRIOT SYSTEM SUMMARY ....................................................... 646,590 696,590

Additional PAC–3 missiles ......................................................... [50,000 ]

002 MSE MISSILE .................................................................................... 12,850 12,850

AIR-TO-SURFACE MISSILE SYSTEM

004 HELLFIRE SYS SUMMARY ............................................................. 1,401 1,401

ANTI-TANK/ASSAULT MISSILE SYS

005 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 81,121 81,121

006 TOW 2 SYSTEM SUMMARY ............................................................ 64,712 64,712

007 ADVANCE PROCUREMENT (CY) ............................................... 19,931 19,931

008 GUIDED MLRS ROCKET (GMLRS) ................................................ 218,679 218,679

009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 18,767 18,767

010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 12,051 12,051

MODIFICATIONS

011 PATRIOT MODS ................................................................................ 199,565 199,565

013 MLRS MODS ...................................................................................... 2,466 2,466

014 HIMARS MODIFICATIONS .............................................................. 6,068 6,068

SPARES AND REPAIR PARTS

016 SPARES AND REPAIR PARTS ........................................................ 7,864 7,864

SUPPORT EQUIPMENT & FACILITIES

017 AIR DEFENSE TARGETS ................................................................. 3,864 3,864

018 ITEMS LESS THAN $5 MILLION (MISSILES) .............................. 1,560 1,560

019 PRODUCTION BASE SUPPORT ...................................................... 5,200 5,200

TOTAL MISSILE PROCUREMENT, ARMY .................... 1,302,689 1,352,689

PROCUREMENT OF W&TCV, ARMY

TRACKED COMBAT VEHICLES

001 STRYKER VEHICLE ......................................................................... 286,818 286,818

MODIFICATION OF TRACKED COMBAT VEHICLES

003 STRYKER (MOD) ............................................................................... 60,881 60,881

004 FIST VEHICLE (MOD) ...................................................................... 57,257 57,257

005 BRADLEY PROGRAM (MOD) .......................................................... 148,193 288,193

Program increase ......................................................................... [140,000 ]

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................ 10,341 10,341

007 PALADIN PIM MOD IN SERVICE .................................................. 206,101 206,101

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 107,909 169,909

Program increase ......................................................................... [62,000 ]

009 ASSAULT BREACHER VEHICLE ................................................... 50,039 50,039

010 M88 FOV MODS ................................................................................. 29,930 29,930

011 M1 ABRAMS TANK (MOD) .............................................................. 129,090 129,090

012 ABRAMS UPGRADE PROGRAM ..................................................... 74,433 210,433

Program increase ......................................................................... [136,000 ]

SUPPORT EQUIPMENT & FACILITIES

013 PRODUCTION BASE SUPPORT (TCV-WTCV) .............................. 1,145 1,145

WEAPONS & OTHER COMBAT VEHICLES

014 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............ 506 506

017 LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................ 25,183 0

Program termination ................................................................... [–25,183 ]

019 MORTAR SYSTEMS .......................................................................... 8,104 8,104

021 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 14,096 14,096

024 CARBINE ............................................................................................ 21,272 21,272

025 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) .............. 6,598 6,598

026 COMMON REMOTELY OPERATED WEAPONS STATION ......... 56,725 56,725

027 HOWITZER LT WT 155MM (T) ........................................................ 13,827 13,827

MOD OF WEAPONS AND OTHER COMBAT VEH

029 M777 MODS ........................................................................................ 26,843 26,843

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126 STAT. 2233 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

030 M4 CARBINE MODS ......................................................................... 27,243 27,243

031 M2 50 CAL MACHINE GUN MODS ................................................ 39,974 39,974

032 M249 SAW MACHINE GUN MODS ................................................ 4,996 4,996

033 M240 MEDIUM MACHINE GUN MODS ........................................ 6,806 6,806

034 SNIPER RIFLES MODIFICATIONS ................................................ 14,113 14,113

035 M119 MODIFICATIONS .................................................................... 20,727 20,727

036 M16 RIFLE MODS ............................................................................. 3,306 3,306

037 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 3,072 3,072

SUPPORT EQUIPMENT & FACILITIES

038 ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ........................ 2,026 2,026

039 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 10,115 10,115

040 INDUSTRIAL PREPAREDNESS ...................................................... 442 442

041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 2,378 2,378

SPARES

042 SPARES AND REPAIR PARTS (WTCV) .......................................... 31,217 31,217

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 1,501,706 1,814,523

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

001 CTG, 5.56MM, ALL TYPES ............................................................... 158,313 123,513

Unit cost savings ......................................................................... [–34,800 ]

002 CTG, 7.62MM, ALL TYPES ............................................................... 91,438 91,438

003 CTG, HANDGUN, ALL TYPES ......................................................... 8,954 8,954

004 CTG, .50 CAL, ALL TYPES ............................................................... 109,604 109,604

005 CTG, 20MM, ALL TYPES .................................................................. 4,041 4,041

006 CTG, 25MM, ALL TYPES .................................................................. 12,654 12,654

007 CTG, 30MM, ALL TYPES .................................................................. 72,154 54,154

Pricing adjustments for target practice round and light-

weight dual-purpose round.

[–18,000 ]

008 CTG, 40MM, ALL TYPES .................................................................. 60,138 0

Decrease for excess ...................................................................... [–60,138 ]

MORTAR AMMUNITION

009 60MM MORTAR, ALL TYPES .......................................................... 44,375 44,375

010 81MM MORTAR, ALL TYPES .......................................................... 27,471 27,471

011 120MM MORTAR, ALL TYPES ........................................................ 87,811 87,811

TANK AMMUNITION

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 112,380 112,380

ARTILLERY AMMUNITION

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ....... 50,861 50,861

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 26,227 26,227

015 PROJ 155MM EXTENDED RANGE XM982 ................................... 110,329 55,329

Excalibur I-b round schedule delay ........................................... [–55,000 ]

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 43,924 43,924

MINES

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 3,775 3,775

NETWORKED MUNITIONS

018 SPIDER NETWORK MUNITIONS, ALL TYPES ............................ 17,408 17,408

ROCKETS

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 1,005 1,005

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 123,433 123,433

OTHER AMMUNITION

021 DEMOLITION MUNITIONS, ALL TYPES ...................................... 35,189 35,189

022 GRENADES, ALL TYPES ................................................................. 33,477 33,477

023 SIGNALS, ALL TYPES ...................................................................... 9,991 9,991

024 SIMULATORS, ALL TYPES ............................................................. 10,388 10,388

MISCELLANEOUS

025 AMMO COMPONENTS, ALL TYPES .............................................. 19,383 19,383

026 NON-LETHAL AMMUNITION, ALL TYPES .................................. 7,336 7,336

027 CAD/PAD ALL TYPES ....................................................................... 6,641 6,641

028 ITEMS LESS THAN $5 MILLION ................................................... 15,092 15,092

029 AMMUNITION PECULIAR EQUIPMENT ...................................... 15,692 15,692

030 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 14,107 14,107

031 CLOSEOUT LIABILITIES ................................................................ 106 106

PRODUCTION BASE SUPPORT

032 PROVISION OF INDUSTRIAL FACILITIES .................................. 220,171 220,171

033 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ...... 182,461 182,461

034 ARMS INITIATIVE ............................................................................ 3,377 3,377

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126 STAT. 2234 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 1,739,706 1,571,768

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

001 SEMITRAILERS, FLATBED: ............................................................ 7,097 7,097

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 346,115 346,115

003 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 19,292 19,292

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 52,933 52,933

005 PLS ESP .............................................................................................. 18,035 18,035

009 TRUCK, TRACTOR, LINE HAUL, M915/M916 .............................. 3,619 3,619

010 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 26,859 26,859

012 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 69,163 69,163

013 MODIFICATION OF IN SVC EQUIP .............................................. 91,754 91,754

NON-TACTICAL VEHICLES

018 PASSENGER CARRYING VEHICLES ............................................ 2,548 2,548

019 NONTACTICAL VEHICLES, OTHER ............................................. 16,791 16,791

COMM—JOINT COMMUNICATIONS

020 JOINT COMBAT IDENTIFICATION MARKING SYSTEM .......... 10,061 10,061

021 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 892,635 872,635

Program adjustment .................................................................... [–20,000 ]

022 SIGNAL MODERNIZATION PROGRAM ........................................ 45,626 45,626

023 JCSE EQUIPMENT (USREDCOM) .................................................. 5,143 5,143

COMM—SATELLITE COMMUNICATIONS

024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 151,636 151,636

025 TRANSPORTABLE TACTICAL COMMAND COMMUNICA-

TIONS.

6,822 6,822

026 SHF TERM .......................................................................................... 9,108 9,108

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ............... 27,353 27,353

029 SMART-T (SPACE) ............................................................................. 98,656 98,656

031 GLOBAL BRDCST SVC—GBS .......................................................... 47,131 47,131

032 MOD OF IN-SVC EQUIP (TAC SAT) ............................................... 23,281 23,281

COMM—C3 SYSTEM

034 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ....................... 10,848 10,848

COMM—COMBAT COMMUNICATIONS

035 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............. 979 979

036 JOINT TACTICAL RADIO SYSTEM ................................................ 556,250 366,250

Funding ahead of need ................................................................ [–190,000 ]

037 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........... 86,219 86,219

038 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 7,798 7,798

039 SINCGARS FAMILY .......................................................................... 9,001 9,001

040 AMC CRITICAL ITEMS—OPA2 ....................................................... 24,601 24,601

041 TRACTOR DESK ................................................................................ 7,779 7,779

043 SPIDER APLA REMOTE CONTROL UNIT .................................... 34,365 24,365

Funding ahead of need ................................................................ [–10,000 ]

044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 1,833 1,833

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 12,984 12,984

047 GUNSHOT DETECTION SYSTEM (GDS) ...................................... 2,332 2,332

048 RADIO, IMPROVED HF (COTS) FAMILY ...................................... 1,132 1,132

049 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ................ 22,899 22,899

COMM—INTELLIGENCE COMM

051 CI AUTOMATION ARCHITECTURE .............................................. 1,564 1,564

052 RESERVE CA/MISO GPF EQUIPMENT ......................................... 28,781 28,781

INFORMATION SECURITY

053 TSEC—ARMY KEY MGT SYS (AKMS) ........................................... 23,432 23,432

054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 43,897 43,897

COMM—LONG HAUL COMMUNICATIONS

056 TERRESTRIAL TRANSMISSION .................................................... 2,891 2,891

057 BASE SUPPORT COMMUNICATIONS ........................................... 13,872 13,872

058 WW TECH CON IMP PROG (WWTCIP) ......................................... 9,595 9,595

COMM—BASE COMMUNICATIONS

059 INFORMATION SYSTEMS ............................................................... 142,133 142,133

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 57,727 57,727

062 PENTAGON INFORMATION MGT AND TELECOM .................... 5,000 5,000

ELECT EQUIP—TACT INT REL ACT (TIARA)

065 JTT/CIBS-M ........................................................................................ 1,641 1,641

066 PROPHET GROUND ......................................................................... 48,797 48,797

069 DCGS-A (MIP) .................................................................................... 184,007 184,007

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126 STAT. 2235 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

070 JOINT TACTICAL GROUND STATION (JTAGS) .......................... 2,680 2,680

071 TROJAN (MIP) ................................................................................... 21,483 21,483

072 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 2,412 2,412

073 CI HUMINT AUTO REPRINTING AND COLLECTION ............... 7,077 7,077

ELECT EQUIP—ELECTRONIC WARFARE (EW)

075 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 72,594 72,594

076 CREW .................................................................................................. 15,446 15,446

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 1,470 1,470

079 CI MODERNIZATION ....................................................................... 1,368 1,368

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

080 FAAD GBS .......................................................................................... 7,980 7,980

081 SENTINEL MODS ............................................................................. 33,444 33,444

082 SENSE THROUGH THE WALL (STTW) ......................................... 6,212 0

Slow execution of prior years appropriations ............................ [–6,212 ]

083 NIGHT VISION DEVICES ................................................................ 166,516 166,516

085 NIGHT VISION, THERMAL WPN SIGHT ...................................... 82,162 82,162

086 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 20,717 20,717

089 GREEN LASER INTERDICTION SYSTEM (GLIS) ....................... 1,014 1,014

090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 29,881 29,881

091 PROFILER .......................................................................................... 12,482 12,482

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 3,075 3,075

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 141,385 141,385

096 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 22,403 22,403

098 MORTAR FIRE CONTROL SYSTEM .............................................. 29,505 29,505

099 COUNTERFIRE RADARS ................................................................. 244,409 244,409

100 ENHANCED SENSOR & MONITORING SYSTEM (WMD) EN-

HANCED SENSOR & MONITORING SYSTEM (WMD).

2,426 2,426

ELECT EQUIP—TACTICAL C2 SYSTEMS

101 TACTICAL OPERATIONS CENTERS ............................................. 30,196 30,196

102 FIRE SUPPORT C2 FAMILY ............................................................ 58,903 58,903

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........ 8,111 8,111

104 FAAD C2 ............................................................................................. 5,031 5,031

105 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 64,144 64,144

106 KNIGHT FAMILY .............................................................................. 11,999 11,999

107 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 1,853 1,853

108 AUTOMATIC IDENTIFICATION TECHNOLOGY ......................... 14,377 14,377

111 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 59,821 59,821

112 MANEUVER CONTROL SYSTEM (MCS) ....................................... 51,228 51,228

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...................... 176,901 176,901

114 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ..... 15,209 15,209

ELECT EQUIP—AUTOMATION

115 ARMY TRAINING MODERNIZATION ............................................ 8,866 8,866

116 AUTOMATED DATA PROCESSING EQUIP .................................. 129,438 129,438

117 GENERAL FUND ENTERPRISE BUSINESS SYS FAM ............... 9,184 9,184

118 CSS COMMUNICATIONS ................................................................. 20,639 20,639

119 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 35,493 35,493

ELECT EQUIP—AUDIO VISUAL SYS (A/V)

120 ITEMS LESS THAN $5 MILLION (A/V) ......................................... 8,467 8,467

121 ITEMS LESS THAN $5 MILLION ................................................... 5,309 5,309

ELECT EQUIP—SUPPORT

122 PRODUCTION BASE SUPPORT (C-E) ............................................ 586 586

CLASSIFIED PROGRAMS

124A CLASSIFIED PROGRAMS ................................................................ 3,435 3,435

CHEMICAL DEFENSIVE EQUIPMENT

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 3,960 3,960

127 BASE DEFENSE SYSTEMS (BDS) .................................................. 4,374 4,374

128 CBRN SOLDIER PROTECTION ...................................................... 9,259 9,259

BRIDGING EQUIPMENT

130 TACTICAL BRIDGING ...................................................................... 35,499 35,499

131 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 32,893 32,893

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

134 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 29,106 29,106

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 25,459 25,459

136 REMOTE DEMOLITION SYSTEMS ................................................ 8,044 8,044

137 < $5M, COUNTERMINE EQUIPMENT ........................................... 3,698 3,698

COMBAT SERVICE SUPPORT EQUIPMENT

138 HEATERS AND ECU’S ...................................................................... 12,210 12,210

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

139 SOLDIER ENHANCEMENT ............................................................. 6,522 6,522

140 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 11,222 11,222

141 GROUND SOLDIER SYSTEM .......................................................... 103,317 103,317

144 FIELD FEEDING EQUIPMENT ...................................................... 27,417 27,417

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 52,065 52,065

146 MORTUARY AFFAIRS SYSTEMS ................................................... 2,358 2,358

147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 31,573 31,573

148 ITEMS LESS THAN $5 MILLION ................................................... 14,093 14,093

PETROLEUM EQUIPMENT

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 36,266 36,266

MEDICAL EQUIPMENT

150 COMBAT SUPPORT MEDICAL ....................................................... 34,101 34,101

151 MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) .................. 20,540 20,540

MAINTENANCE EQUIPMENT

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 2,495 2,495

CONSTRUCTION EQUIPMENT

154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...................................... 2,028 2,028

156 SCRAPERS, EARTHMOVING .......................................................... 6,146 6,146

157 MISSION MODULES—ENGINEERING ......................................... 31,200 31,200

161 TRACTOR, FULL TRACKED ............................................................ 20,867 20,867

162 ALL TERRAIN CRANES ................................................................... 4,003 4,003

163 PLANT, ASPHALT MIXING ............................................................. 3,679 3,679

164 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 30,042 30,042

165 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ............ 13,725 13,725

166 CONST EQUIP ESP ........................................................................... 13,351 13,351

167 ITEMS LESS THAN $5 MILLION (CONST EQUIP) ..................... 9,134 9,134

RAIL FLOAT CONTAINERIZATION EQUIPMENT

170 ITEMS LESS THAN $5 MILLION (FLOAT/RAIL) ......................... 10,552 10,552

GENERATORS

171 GENERATORS AND ASSOCIATED EQUIP ................................... 60,302 60,302

MATERIAL HANDLING EQUIPMENT

173 FAMILY OF FORKLIFTS .................................................................. 5,895 5,895

TRAINING EQUIPMENT

175 COMBAT TRAINING CENTERS SUPPORT ................................... 104,649 104,649

176 TRAINING DEVICES, NONSYSTEM .............................................. 125,251 125,251

177 CLOSE COMBAT TACTICAL TRAINER ......................................... 19,984 19,984

178 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 10,977 10,977

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 4,056 4,056

TEST MEASURE AND DIG EQUIPMENT (TMD)

180 CALIBRATION SETS EQUIPMENT ................................................ 10,494 10,494

181 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 45,508 45,508

182 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 24,334 24,334

OTHER SUPPORT EQUIPMENT

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 5,078 5,078

184 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 46,301 46,301

185 BASE LEVEL COMMON EQUIPMENT .......................................... 1,373 1,373

186 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 59,141 59,141

187 PRODUCTION BASE SUPPORT (OTH) .......................................... 2,446 2,446

188 SPECIAL EQUIPMENT FOR USER TESTING .............................. 12,920 12,920

189 AMC CRITICAL ITEMS OPA3 ......................................................... 19,180 19,180

190 TRACTOR YARD ................................................................................ 7,368 7,368

191 UNMANNED GROUND VEHICLE .................................................. 83,937 83,937

OPA2

193 INITIAL SPARES—C&E ................................................................... 64,507 64,507

PRIOR YEAR SAVINGS

UNDISTRIBUTED

194 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 52,000

Army requested transfer from Operation and Maintenance,

Army, line 100.

[52,000 ]

TOTAL OTHER PROCUREMENT, ARMY ...................... 6,326,245 6,152,033

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND

STAFF AND INFRASTRUCTURE

004 OPERATIONS ..................................................................................... 227,414 0

Transfer of funds to title 15 ....................................................... [–227,414 ]

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT

FUND.

227,414 0

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

001 EA–18G ................................................................................................ 1,027,443 1,014,443

Engine cost growth ...................................................................... [–13,000 ]

002 ADVANCE PROCUREMENT (CY) ............................................... 45,000

Program increase ......................................................................... [45,000 ]

003 F/A–18E/F (FIGHTER) HORNET ..................................................... 2,035,131 2,017,131

Engine cost growth ...................................................................... [–12,000 ]

Engineering Change Order excess funding ............................... [–6,000 ]

004 ADVANCE PROCUREMENT (CY) ............................................... 30,296 30,296

005 JOINT STRIKE FIGHTER CV .......................................................... 1,007,632 988,832

Excessive weapon system unit cost increase ............................. [–18,800 ]

006 ADVANCE PROCUREMENT (CY) ............................................... 65,180 65,180

007 JSF STOVL ......................................................................................... 1,404,737 1,345,937

Excessive weapon system unit cost increase ............................. [–58,800 ]

008 ADVANCE PROCUREMENT (CY) ............................................... 106,199 106,199

009 V–22 (MEDIUM LIFT) ....................................................................... 1,303,120 1,291,380

Flyaway unit cost savings ........................................................... [–11,740 ]

010 ADVANCE PROCUREMENT (CY) ............................................... 154,202 154,202

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 720,933 720,933

012 ADVANCE PROCUREMENT (CY) ............................................... 69,658 69,658

013 MH–60S (MYP) ................................................................................... 384,792 384,792

014 ADVANCE PROCUREMENT (CY) ............................................... 69,277 69,277

015 MH–60R (MYP) ................................................................................... 656,866 826,866

Cruiser Retention—Restore 5 helicopters ................................. [170,000 ]

016 ADVANCE PROCUREMENT (CY) ............................................... 185,896 185,896

017 P–8A POSEIDON ............................................................................... 2,420,755 2,387,052

Excess to need .............................................................................. [–33,703 ]

018 ADVANCE PROCUREMENT (CY) ............................................... 325,679 325,679

019 E–2D ADV HAWKEYE ...................................................................... 861,498 861,498

020 ADVANCE PROCUREMENT (CY) ............................................... 123,179 123,179

TRAINER AIRCRAFT

022 JPATS .................................................................................................. 278,884 268,784

Airframe cost growth ................................................................... [–10,100 ]

OTHER AIRCRAFT

023 KC–130J .............................................................................................. 3,000 3,000

024 ADVANCE PROCUREMENT (CY) ............................................... 22,995 22,995

025 ADVANCE PROCUREMENT (CY)—RQ–4 UAV ......................... 51,124 51,124

026 MQ–8 UAV .......................................................................................... 124,573 124,573

027 STUASL0 UAV ................................................................................... 9,593 9,593

MODIFICATION OF AIRCRAFT

028 EA–6 SERIES ..................................................................................... 30,062 30,062

029 AEA SYSTEMS ................................................................................... 49,999 49,999

030 AV–8 SERIES ..................................................................................... 38,703 38,703

031 ADVERSARY ...................................................................................... 4,289 4,289

032 F–18 SERIES ...................................................................................... 647,306 639,306

ILS growth (OSIP 11–84) ............................................................ [–5,000 ]

Other support funding growth (OSIP 001–10) .......................... [–3,000 ]

033 H–46 SERIES ...................................................................................... 2,343 2,343

034 AH–1W SERIES ................................................................................. 8,721 8,721

035 H–53 SERIES ...................................................................................... 45,567 42,367

Other Support cost growth ......................................................... [–3,200 ]

036 SH–60 SERIES ................................................................................... 83,527 83,527

037 H–1 SERIES ........................................................................................ 6,508 6,508

038 EP–3 SERIES ...................................................................................... 66,374 66,374

039 P–3 SERIES ........................................................................................ 148,405 148,405

040 E–2 SERIES ........................................................................................ 16,322 16,322

041 TRAINER A/C SERIES ...................................................................... 34,284 34,284

042 C–2A .................................................................................................... 4,743 4,743

043 C–130 SERIES .................................................................................... 60,302 60,302

044 FEWSG ................................................................................................ 670 670

045 CARGO/TRANSPORT A/C SERIES .................................................. 26,311 26,311

046 E–6 SERIES ........................................................................................ 158,332 155,842

SLEP kit installation cost growth (OSIP 003–07) .................... [–2,490 ]

047 EXECUTIVE HELICOPTERS SERIES ............................................ 58,163 58,163

048 SPECIAL PROJECT AIRCRAFT ...................................................... 12,421 12,421

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

049 T–45 SERIES ...................................................................................... 64,488 59,488

Avionics Obsolescence kit cost growth ....................................... [–2,000 ]

Synthetic Radar kit cost growth ................................................ [–3,000 ]

050 POWER PLANT CHANGES .............................................................. 21,569 21,569

051 JPATS SERIES ................................................................................... 1,552 1,552

052 AVIATION LIFE SUPPORT MODS ................................................. 2,473 2,473

053 COMMON ECM EQUIPMENT ......................................................... 114,690 114,690

054 COMMON AVIONICS CHANGES .................................................... 96,183 96,183

056 ID SYSTEMS ...................................................................................... 39,846 39,846

057 P–8 SERIES ........................................................................................ 5,302 5,302

058 MAGTF EW FOR AVIATION ............................................................ 34,127 34,127

059 RQ–7 SERIES ..................................................................................... 49,324 49,324

060 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 95,856 95,856

AIRCRAFT SPARES AND REPAIR PARTS

061 SPARES AND REPAIR PARTS ........................................................ 1,166,430 1,132,430

Spares cost growth- F–35C, F–35B, E–2D ................................ [–34,000 ]

AIRCRAFT SUPPORT EQUIP & FACILITIES

062 COMMON GROUND EQUIPMENT ................................................. 387,195 387,195

063 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 23,469 23,469

064 WAR CONSUMABLES ...................................................................... 43,383 43,383

065 OTHER PRODUCTION CHARGES .................................................. 3,399 3,399

066 SPECIAL SUPPORT EQUIPMENT ................................................. 32,274 32,274

067 FIRST DESTINATION TRANSPORTATION .................................. 1,742 1,742

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 17,129,296 17,127,463

WEAPONS PROCUREMENT, NAVY

MODIFICATION OF MISSILES

001 TRIDENT II MODS ............................................................................ 1,224,683 1,214,683

Tooling, test/support equipment growth .................................... [–10,000 ]

SUPPORT EQUIPMENT & FACILITIES

002 MISSILE INDUSTRIAL FACILITIES .............................................. 5,553 5,553

STRATEGIC MISSILES

003 TOMAHAWK ...................................................................................... 308,970 298,970

Contract Savings ......................................................................... [–10,000 ]

TACTICAL MISSILES

004 AMRAAM ............................................................................................ 102,683 97,390

Captive air training missile cost growth ................................... [–5,293 ]

005 SIDEWINDER .................................................................................... 80,226 74,267

All Up Round Missile Cost Growth ............................................ [–3,847 ]

Captive Air Training Missile Cost Growth ............................... [–2,112 ]

006 JSOW ................................................................................................... 127,609 127,609

007 STANDARD MISSILE ....................................................................... 399,482 399,482

008 RAM ..................................................................................................... 66,769 66,769

009 HELLFIRE .......................................................................................... 74,501 74,501

011 AERIAL TARGETS ............................................................................ 61,518 61,518

012 OTHER MISSILE SUPPORT ............................................................ 3,585 3,585

MODIFICATION OF MISSILES

013 ESSM ................................................................................................... 58,194 58,194

014 HARM MODS ..................................................................................... 86,721 86,721

SUPPORT EQUIPMENT & FACILITIES

016 WEAPONS INDUSTRIAL FACILITIES .......................................... 2,014 2,014

017 FLEET SATELLITE COMM FOLLOW-ON ..................................... 21,454 21,454

ORDNANCE SUPPORT EQUIPMENT

018 ORDNANCE SUPPORT EQUIPMENT ............................................ 54,945 54,945

TORPEDOES AND RELATED EQUIP

019 SSTD .................................................................................................... 2,700 2,700

020 ASW TARGETS .................................................................................. 10,385 10,385

MOD OF TORPEDOES AND RELATED EQUIP

021 MK–54 TORPEDO MODS ................................................................. 74,487 74,487

022 MK–48 TORPEDO ADCAP MODS ................................................... 54,281 54,281

023 QUICKSTRIKE MINE ....................................................................... 6,852 6,852

SUPPORT EQUIPMENT

024 TORPEDO SUPPORT EQUIPMENT ............................................... 46,402 46,402

025 ASW RANGE SUPPORT ................................................................... 11,927 11,927

DESTINATION TRANSPORTATION

026 FIRST DESTINATION TRANSPORTATION .................................. 3,614 3,614

GUNS AND GUN MOUNTS

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

027 SMALL ARMS AND WEAPONS ....................................................... 12,594 12,594

MODIFICATION OF GUNS AND GUN MOUNTS

028 CIWS MODS ....................................................................................... 59,303 67,003

Buy additional ordnance alteration kits .................................... [7,700 ]

029 COAST GUARD WEAPONS .............................................................. 19,072 19,072

030 GUN MOUNT MODS ......................................................................... 54,706 54,706

031 CRUISER MODERNIZATION WEAPONS ...................................... 1,591 19,622

Cruiser retention—5″/62 Upgrade .............................................. [18,031 ]

032 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 20,607 20,607

SPARES AND REPAIR PARTS

034 SPARES AND REPAIR PARTS ........................................................ 60,150 60,150

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,117,578 3,112,057

SHIPBUILDING & CONVERSION, NAVY

OTHER WARSHIPS

001 CARRIER REPLACEMENT PROGRAM .......................................... 608,195 605,295

SEWIP block 2 growth ................................................................ [–2,900 ]

003 VIRGINIA CLASS SUBMARINE ...................................................... 3,217,601 3,217,601

004 ADVANCE PROCUREMENT (CY) ............................................... 874,878 1,652,557

Advance procurement for 2nd SSN in FY 14 ............................ [777,679 ]

005 CVN REFUELING OVERHAULS .................................................... 1,613,392 1,517,292

Program decrease ........................................................................ [–96,100 ]

006 ADVANCE PROCUREMENT (CY) ............................................... 70,010 70,010

008 DDG 1000 ............................................................................................ 669,222 669,222

009 DDG–51 ............................................................................................... 3,048,658 3,048,658

010 ADVANCE PROCUREMENT (CY) ............................................... 466,283 466,283

011 LITTORAL COMBAT SHIP ............................................................... 1,784,959 1,784,959

AMPHIBIOUS SHIPS

015 JOINT HIGH SPEED VESSEL ......................................................... 189,196 189,196

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST

017 ADVANCE PROCUREMENT (CY) ............................................... 307,300 307,300

018 OUTFITTING ...................................................................................... 309,648 309,648

020 LCAC SLEP ........................................................................................ 47,930 47,930

021 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 372,573 372,573

TOTAL SHIPBUILDING & CONVERSION, NAVY ........ 13,579,845 14,258,524

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 27,024 27,024

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 56,575 56,575

003 MACHINE GUN AMMUNITION ...................................................... 21,266 21,266

004 PRACTICE BOMBS ........................................................................... 34,319 34,319

005 CARTRIDGES & CART ACTUATED DEVICES ............................. 53,755 53,755

006 AIR EXPENDABLE COUNTERMEASURES .................................. 61,693 60,693

ALE–55 cost growth .................................................................... [–1,000 ]

007 JATOS ................................................................................................. 2,776 2,776

008 LRLAP 6″ LONG RANGE ATTACK PROJECTILE ........................ 7,102 7,102

009 5 INCH/54 GUN AMMUNITION ...................................................... 48,320 48,320

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 25,544 25,544

011 OTHER SHIP GUN AMMUNITION ................................................ 41,624 38,884

30MM x 173 linked cartridge contract delay ............................ [–2,740 ]

012 SMALL ARMS & LANDING PARTY AMMO .................................. 65,893 65,247

M18A1 mine cost growth ............................................................ [–646 ]

013 PYROTECHNIC AND DEMOLITION .............................................. 11,176 11,176

014 AMMUNITION LESS THAN $5 MILLION ..................................... 4,116 4,116

MARINE CORPS AMMUNITION

015 SMALL ARMS AMMUNITION ......................................................... 83,733 83,733

016 LINEAR CHARGES, ALL TYPES .................................................... 24,645 24,645

017 40 MM, ALL TYPES ........................................................................... 16,201 16,201

019 81MM, ALL TYPES ............................................................................ 13,711 3,711

Excess to need .............................................................................. [–10,000 ]

020 120MM, ALL TYPES .......................................................................... 12,557 12,557

022 GRENADES, ALL TYPES ................................................................. 7,634 7,134

Excess to need .............................................................................. [–500 ]

023 ROCKETS, ALL TYPES .................................................................... 27,528 27,528

024 ARTILLERY, ALL TYPES ................................................................. 93,065 76,459

Prior year funds available .......................................................... [–16,606 ]

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126 STAT. 2240 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 2,047 0

Excess to need .............................................................................. [–2,047 ]

026 FUZE, ALL TYPES ............................................................................ 5,297 5,297

027 NON LETHALS .................................................................................. 1,362 1,362

028 AMMO MODERNIZATION ............................................................... 4,566 4,566

029 ITEMS LESS THAN $5 MILLION ................................................... 6,010 6,010

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 759,539 726,000

OTHER PROCUREMENT, NAVY

SHIP PROPULSION EQUIPMENT

001 LM–2500 GAS TURBINE .................................................................. 10,658 10,658

002 ALLISON 501K GAS TURBINE ....................................................... 8,469 8,469

NAVIGATION EQUIPMENT

003 OTHER NAVIGATION EQUIPMENT .............................................. 23,392 23,392

PERISCOPES

004 SUB PERISCOPES & IMAGING EQUIP ........................................ 53,809 53,809

OTHER SHIPBOARD EQUIPMENT

005 DDG MOD ........................................................................................... 452,371 452,371

006 FIREFIGHTING EQUIPMENT ........................................................ 16,958 16,958

007 COMMAND AND CONTROL SWITCHBOARD .............................. 2,492 2,492

008 POLLUTION CONTROL EQUIPMENT ........................................... 20,707 20,707

009 SUBMARINE SUPPORT EQUIPMENT .......................................... 12,046 12,046

010 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 79,870 79,870

011 LCS CLASS SUPPORT EQUIPMENT ............................................. 19,865 19,865

012 SUBMARINE BATTERIES ............................................................... 41,522 41,522

013 LPD CLASS SUPPORT EQUIPMENT ............................................. 30,543 30,543

014 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 16,257 16,257

015 DSSP EQUIPMENT ........................................................................... 3,630 3,630

016 CG MODERNIZATION ...................................................................... 101,000 184,972

Cruiser retention ......................................................................... [83,972 ]

017 LCAC ................................................................................................... 16,645 16,645

018 UNDERWATER EOD PROGRAMS .................................................. 35,446 35,446

019 ITEMS LESS THAN $5 MILLION ................................................... 65,998 65,998

020 CHEMICAL WARFARE DETECTORS ............................................ 4,359 4,359

021 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 10,218 10,218

REACTOR PLANT EQUIPMENT

022 REACTOR POWER UNITS ............................................................... 286,859 286,859

023 REACTOR COMPONENTS ............................................................... 278,503 278,503

OCEAN ENGINEERING

024 DIVING AND SALVAGE EQUIPMENT .......................................... 8,998 8,998

SMALL BOATS

025 STANDARD BOATS ........................................................................... 30,131 30,131

TRAINING EQUIPMENT

026 OTHER SHIPS TRAINING EQUIPMENT ...................................... 29,772 29,772

PRODUCTION FACILITIES EQUIPMENT

027 OPERATING FORCES IPE ............................................................... 64,346 64,346

OTHER SHIP SUPPORT

028 NUCLEAR ALTERATIONS ............................................................... 154,652 154,652

029 LCS COMMON MISSION MODULES EQUIPMENT .................... 31,319 31,319

030 LCS MCM MISSION MODULES ..................................................... 38,392 38,392

031 LCS SUW MISSION MODULES ...................................................... 32,897 32,897

LOGISTIC SUPPORT

032 LSD MIDLIFE .................................................................................... 49,758 49,758

SHIP SONARS

034 SPQ–9B RADAR ................................................................................. 19,777 19,777

035 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 89,201 89,201

036 SSN ACOUSTICS ............................................................................... 190,874 190,874

037 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 17,035 17,035

038 SONAR SWITCHES AND TRANSDUCERS .................................... 13,410 13,410

ASW ELECTRONIC EQUIPMENT

040 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 21,489 19,532

Contract award delays for launch tube and MK3 .................... [–1,957 ]

041 SSTD .................................................................................................... 10,716 10,716

042 FIXED SURVEILLANCE SYSTEM .................................................. 98,896 98,896

043 SURTASS ............................................................................................ 2,774 2,774

044 MARITIME PATROL AND RECONNSAISANCE FORCE ............ 18,428 18,428

ELECTRONIC WARFARE EQUIPMENT

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126 STAT. 2241 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

045 AN/SLQ–32 .......................................................................................... 92,270 92,270

RECONNAISSANCE EQUIPMENT

046 SHIPBOARD IW EXPLOIT ............................................................... 107,060 107,060

047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 914 914

SUBMARINE SURVEILLANCE EQUIPMENT

048 SUBMARINE SUPPORT EQUIPMENT PROG ............................... 34,050 34,050

OTHER SHIP ELECTRONIC EQUIPMENT

049 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 27,881 22,191

Excess PAAA backfit installation funding ................................ [–615 ]

Excess signal data processor backfit kit installation funding [–2,725 ]

Signal data processor backfit kit contract delay ....................... [–1,350 ]

Support funding carryover .......................................................... [–1,000 ]

050 TRUSTED INFORMATION SYSTEM (TIS) .................................... 448 448

051 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 35,732 35,732

053 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 9,533 9,533

054 MINESWEEPING SYSTEM REPLACEMENT ................................ 60,111 60,111

055 SHALLOW WATER MCM ................................................................. 6,950 6,950

056 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 9,089 9,089

057 AMERICAN FORCES RADIO AND TV SERVICE ......................... 7,768 7,768

058 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 3,614 3,614

TRAINING EQUIPMENT

059 OTHER TRAINING EQUIPMENT ................................................... 42,911 42,911

AVIATION ELECTRONIC EQUIPMENT

060 MATCALS ........................................................................................... 5,861 5,861

061 SHIPBOARD AIR TRAFFIC CONTROL .......................................... 8,362 8,362

062 AUTOMATIC CARRIER LANDING SYSTEM ................................ 15,685 15,685

063 NATIONAL AIR SPACE SYSTEM ................................................... 16,919 16,919

064 FLEET AIR TRAFFIC CONTROL SYSTEMS ................................. 6,828 6,828

065 LANDING SYSTEMS ......................................................................... 7,646 7,646

066 ID SYSTEMS ...................................................................................... 35,474 35,474

067 NAVAL MISSION PLANNING SYSTEMS ...................................... 9,958 9,958

OTHER SHORE ELECTRONIC EQUIPMENT

068 DEPLOYABLE JOINT COMMAND AND CONT ............................ 9,064 9,064

069 MARITIME INTEGRATED BROADCAST SYSTEM ...................... 16,026 16,026

070 TACTICAL/MOBILE C4I SYSTEMS ................................................ 11,886 11,886

071 DCGS-N ............................................................................................... 11,887 11,887

072 CANES ................................................................................................. 341,398 320,874

Contract delay (DDG–51 class) .................................................. [–7,734 ]

Contract delay (LHD–7) .............................................................. [–8,305 ]

Excess ADNS installation (afloat) funding ................................ [–2,070 ]

Excess ADNS installation (ashore) funding .............................. [–2,415 ]

073 RADIAC ............................................................................................... 8,083 8,083

074 CANES-INTELL ................................................................................. 79,427 79,427

075 GPETE ................................................................................................. 6,083 6,083

076 INTEG COMBAT SYSTEM TEST FACILITY ................................. 4,495 4,495

077 EMI CONTROL INSTRUMENTATION ........................................... 4,767 4,767

078 ITEMS LESS THAN $5 MILLION ................................................... 81,755 81,755

SHIPBOARD COMMUNICATIONS

080 SHIP COMMUNICATIONS AUTOMATION ................................... 56,870 56,870

081 MARITIME DOMAIN AWARENESS (MDA) ................................... 1,063 1,063

082 COMMUNICATIONS ITEMS UNDER $5M .................................... 28,522 28,522

SUBMARINE COMMUNICATIONS

083 SUBMARINE BROADCAST SUPPORT ........................................... 4,183 4,183

084 SUBMARINE COMMUNICATION EQUIPMENT .......................... 69,025 69,025

SATELLITE COMMUNICATIONS

085 SATELLITE COMMUNICATIONS SYSTEMS ................................ 49,294 51,294

SPIDERNet/Spectral Warrior Hardware ................................... [2,000 ]

086 NAVY MULTIBAND TERMINAL (NMT) ........................................ 184,825 184,825

SHORE COMMUNICATIONS

087 JCS COMMUNICATIONS EQUIPMENT ........................................ 2,180 2,180

088 ELECTRICAL POWER SYSTEMS ................................................... 1,354 1,354

CRYPTOGRAPHIC EQUIPMENT

090 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 144,104 144,104

CRYPTOLOGIC EQUIPMENT

091 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 12,604 12,604

OTHER ELECTRONIC SUPPORT

092 COAST GUARD EQUIPMENT ......................................................... 6,680 6,680

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126 STAT. 2242 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

SONOBUOYS

095 SONOBUOYS—ALL TYPES ............................................................. 104,677 104,677

AIRCRAFT SUPPORT EQUIPMENT

096 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 70,753 70,753

097 EXPEDITIONARY AIRFIELDS ........................................................ 8,678 8,678

098 AIRCRAFT REARMING EQUIPMENT ........................................... 11,349 11,349

099 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ...................... 82,618 81,980

ADMACS installation cost growth ............................................. [–638 ]

100 METEOROLOGICAL EQUIPMENT ................................................. 18,339 18,339

101 DCRS/DPL ........................................................................................... 1,414 1,414

102 AVIATION LIFE SUPPORT .............................................................. 40,475 40,475

103 AIRBORNE MINE COUNTERMEASURES .................................... 61,552 61,552

104 LAMPS MK III SHIPBOARD EQUIPMENT ................................... 18,771 18,771

105 PORTABLE ELECTRONIC MAINTENANCE AIDS ...................... 7,954 7,954

106 OTHER AVIATION SUPPORT EQUIPMENT ................................ 10,023 10,023

107 AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) ...... 3,826 3,826

SHIP GUN SYSTEM EQUIPMENT

108 NAVAL FIRES CONTROL SYSTEM ............................................... 3,472 3,472

109 GUN FIRE CONTROL EQUIPMENT .............................................. 4,528 4,528

SHIP MISSILE SYSTEMS EQUIPMENT

110 NATO SEASPARROW ....................................................................... 8,960 8,960

111 RAM GMLS ......................................................................................... 1,185 1,185

112 SHIP SELF DEFENSE SYSTEM ..................................................... 55,371 55,371

113 AEGIS SUPPORT EQUIPMENT ...................................................... 81,614 81,614

114 TOMAHAWK SUPPORT EQUIPMENT ........................................... 77,767 72,267

Production support funding growth ........................................... [–5,500 ]

115 VERTICAL LAUNCH SYSTEMS ...................................................... 754 754

116 MARITIME INTEGRATED PLANNING SYSTEM-MIPS .............. 4,965 4,965

FBM SUPPORT EQUIPMENT

117 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 181,049 181,049

ASW SUPPORT EQUIPMENT

118 SSN COMBAT CONTROL SYSTEMS .............................................. 71,316 71,316

119 SUBMARINE ASW SUPPORT EQUIPMENT ................................. 4,018 4,018

120 SURFACE ASW SUPPORT EQUIPMENT ...................................... 6,465 6,465

121 ASW RANGE SUPPORT EQUIPMENT ........................................... 47,930 47,930

OTHER ORDNANCE SUPPORT EQUIPMENT

122 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 3,579 3,579

123 ITEMS LESS THAN $5 MILLION ................................................... 3,125 3,125

OTHER EXPENDABLE ORDNANCE

124 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 31,743 29,743

Support funding growth .............................................................. [–2,000 ]

125 SURFACE TRAINING DEVICE MODS ........................................... 34,174 34,174

126 SUBMARINE TRAINING DEVICE MODS ..................................... 23,450 23,450

CIVIL ENGINEERING SUPPORT EQUIPMENT

127 PASSENGER CARRYING VEHICLES ............................................ 7,158 7,158

128 GENERAL PURPOSE TRUCKS ....................................................... 3,325 3,325

129 CONSTRUCTION & MAINTENANCE EQUIP ............................... 8,692 8,692

130 FIRE FIGHTING EQUIPMENT ....................................................... 14,533 14,533

131 TACTICAL VEHICLES ...................................................................... 15,330 15,330

132 AMPHIBIOUS EQUIPMENT ............................................................ 10,803 10,803

133 POLLUTION CONTROL EQUIPMENT ........................................... 7,265 7,265

134 ITEMS UNDER $5 MILLION ........................................................... 15,252 15,252

135 PHYSICAL SECURITY VEHICLES ................................................. 1,161 1,161

SUPPLY SUPPORT EQUIPMENT

136 MATERIALS HANDLING EQUIPMENT ........................................ 15,204 15,204

137 OTHER SUPPLY SUPPORT EQUIPMENT .................................... 6,330 6,330

138 FIRST DESTINATION TRANSPORTATION .................................. 6,539 6,539

139 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 34,804 34,804

TRAINING DEVICES

140 TRAINING SUPPORT EQUIPMENT ............................................... 25,444 25,444

COMMAND SUPPORT EQUIPMENT

141 COMMAND SUPPORT EQUIPMENT ............................................. 43,165 43,165

142 EDUCATION SUPPORT EQUIPMENT ........................................... 2,251 2,251

143 MEDICAL SUPPORT EQUIPMENT ................................................ 3,148 3,148

146 NAVAL MIP SUPPORT EQUIPMENT ............................................ 3,502 3,502

148 OPERATING FORCES SUPPORT EQUIPMENT ........................... 15,696 15,696

149 C4ISR EQUIPMENT .......................................................................... 4,344 4,344

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126 STAT. 2243 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

150 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 19,492 19,492

151 PHYSICAL SECURITY EQUIPMENT ............................................. 177,149 177,149

152 ENTERPRISE INFORMATION TECHNOLOGY ............................ 183,995 183,995

CLASSIFIED PROGRAMS

152A CLASSIFIED PROGRAMS ................................................................ 13,063 13,063

SPARES AND REPAIR PARTS

153 SPARES AND REPAIR PARTS ........................................................ 250,718 250,718

TOTAL OTHER PROCUREMENT, NAVY ....................... 6,169,378 6,219,041

PROCUREMENT, MARINE CORPS

TRACKED COMBAT VEHICLES

001 AAV7A1 PIP ........................................................................................ 16,089 16,089

002 LAV PIP .............................................................................................. 186,216 45,342

Budget adjustment per USMC ................................................... [–140,874 ]

ARTILLERY AND OTHER WEAPONS

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................ 2,502 2,502

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 17,913 17,913

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 47,999 47,999

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 17,706 17,706

OTHER SUPPORT

007 MODIFICATION KITS ...................................................................... 48,040 48,040

008 WEAPONS ENHANCEMENT PROGRAM ...................................... 4,537 4,537

GUIDED MISSILES

009 GROUND BASED AIR DEFENSE ................................................... 11,054 11,054

011 FOLLOW ON TO SMAW ................................................................... 19,650 19,650

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 20,708 20,708

COMMAND AND CONTROL SYSTEMS

014 UNIT OPERATIONS CENTER ......................................................... 1,420 1,420

REPAIR AND TEST EQUIPMENT

015 REPAIR AND TEST EQUIPMENT .................................................. 25,127 25,127

OTHER SUPPORT (TEL)

016 COMBAT SUPPORT SYSTEM ......................................................... 25,822 25,822

017 MODIFICATION KITS ...................................................................... 2,831 2,831

COMMAND AND CONTROL SYSTEM (NON-TEL)

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 5,498 5,498

019 AIR OPERATIONS C2 SYSTEMS .................................................... 11,290 11,290

RADAR + EQUIPMENT (NON-TEL)

020 RADAR SYSTEMS ............................................................................. 128,079 128,079

021 RQ–21 UAS ......................................................................................... 27,619 27,619

INTELL/COMM EQUIPMENT (NON-TEL)

022 FIRE SUPPORT SYSTEM ................................................................. 7,319 7,319

023 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 7,466 7,466

025 RQ–11 UAV ......................................................................................... 2,318 2,318

026 DCGS-MC ............................................................................................ 18,291 18,291

OTHER COMM/ELEC EQUIPMENT (NON-TEL)

029 NIGHT VISION EQUIPMENT ......................................................... 48,084 48,084

OTHER SUPPORT (NON-TEL)

030 COMMON COMPUTER RESOURCES ............................................ 206,708 206,708

031 COMMAND POST SYSTEMS ........................................................... 35,190 35,190

032 RADIO SYSTEMS .............................................................................. 89,059 89,059

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 22,500 22,500

034 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 42,625 42,625

CLASSIFIED PROGRAMS

035A CLASSIFIED PROGRAMS ................................................................ 2,290 2,290

ADMINISTRATIVE VEHICLES

035 COMMERCIAL PASSENGER VEHICLES ...................................... 2,877 2,877

036 COMMERCIAL CARGO VEHICLES ................................................ 13,960 13,960

TACTICAL VEHICLES

037 5/4T TRUCK HMMWV (MYP) ........................................................... 8,052 8,052

038 MOTOR TRANSPORT MODIFICATIONS ....................................... 50,269 50,269

040 LOGISTICS VEHICLE SYSTEM REP ............................................. 37,262 37,262

041 FAMILY OF TACTICAL TRAILERS ................................................ 48,160 48,160

OTHER SUPPORT

043 ITEMS LESS THAN $5 MILLION ................................................... 6,705 6,705

ENGINEER AND OTHER EQUIPMENT

044 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 13,576 13,576

045 BULK LIQUID EQUIPMENT ........................................................... 16,869 16,869

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126 STAT. 2244 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

046 TACTICAL FUEL SYSTEMS ............................................................ 19,108 19,108

047 POWER EQUIPMENT ASSORTED ................................................. 56,253 56,253

048 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 13,089 13,089

049 EOD SYSTEMS .................................................................................. 73,699 73,699

MATERIALS HANDLING EQUIPMENT

050 PHYSICAL SECURITY EQUIPMENT ............................................. 3,510 3,510

051 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ............ 11,490 11,490

052 MATERIAL HANDLING EQUIP ...................................................... 20,659 20,659

053 FIRST DESTINATION TRANSPORTATION .................................. 132 132

GENERAL PROPERTY

054 FIELD MEDICAL EQUIPMENT ...................................................... 31,068 31,068

055 TRAINING DEVICES ........................................................................ 45,895 45,895

056 CONTAINER FAMILY ....................................................................... 5,801 5,801

057 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 23,939 23,939

060 RAPID DEPLOYABLE KITCHEN .................................................... 8,365 8,365

OTHER SUPPORT

061 ITEMS LESS THAN $5 MILLION ................................................... 7,077 7,077

SPARES AND REPAIR PARTS

062 SPARES AND REPAIR PARTS ........................................................ 3,190 3,190

TOTAL PROCUREMENT, MARINE CORPS .................. 1,622,955 1,482,081

AIRCRAFT PROCUREMENT, AIR FORCE

TACTICAL FORCES

001 F–35 ..................................................................................................... 3,124,302 3,124,302

002 ADVANCE PROCUREMENT (CY) ............................................... 293,400 293,400

OTHER AIRLIFT

005 C–130J ................................................................................................. 68,373 68,373

007 HC–130J .............................................................................................. 152,212 152,212

009 MC–130J ............................................................................................. 374,866 374,866

HELICOPTERS

015 HH–60 LOSS REPLACEMENT/RECAP .......................................... 60,596 60,596

017 CV–22 (MYP) ...................................................................................... 294,220 294,220

018 ADVANCE PROCUREMENT (CY) ............................................... 15,000 15,000

MISSION SUPPORT AIRCRAFT

019 CIVIL AIR PATROL A/C ................................................................... 2,498 2,498

OTHER AIRCRAFT

024 TARGET DRONES ............................................................................. 129,866 129,866

026 RQ–4 .................................................................................................... 75,000 180,200

Sustain current force structure .................................................. [105,200 ]

028 AC–130J .............................................................................................. 163,970 163,970

030 MQ–9 ................................................................................................... 553,530 708,530

Additional aircraft ....................................................................... [155,000 ]

031 RQ–4 BLOCK 40 PROC ..................................................................... 11,654 11,654

STRATEGIC AIRCRAFT

032 B–2A .................................................................................................... 82,296 82,296

033 B–1B .................................................................................................... 149,756 149,756

034 B–52 ..................................................................................................... 9,781 9,781

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 28,800 28,800

TACTICAL AIRCRAFT

036 A–10 ..................................................................................................... 89,919 173,919

Retain A–10 force structure ........................................................ [84,000 ]

037 F–15 ..................................................................................................... 148,378 148,378

038 F–16 ..................................................................................................... 6,896 6,896

039 F–22A .................................................................................................. 283,871 283,871

040 F–35 MODIFICATIONS ..................................................................... 147,995 147,995

AIRLIFT AIRCRAFT

041 C–5 ....................................................................................................... 6,967 6,967

043 C–5M .................................................................................................... 944,819 879,819

Inflation adjustment and installation efficiencies .................... [–65,000 ]

044 ADVANCE PROCUREMENT (CY) ............................................... 175,800 175,800

046 C–17A .................................................................................................. 205,079 205,079

047 C–21 ..................................................................................................... 199 199

048 C–32A .................................................................................................. 1,750 1,750

049 C–37A .................................................................................................. 445 445

TRAINER AIRCRAFT

051 GLIDER MODS .................................................................................. 126 126

052 T–6 ....................................................................................................... 15,494 15,494

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

053 T–1 ....................................................................................................... 272 272

054 T–38 ..................................................................................................... 20,455 20,455

OTHER AIRCRAFT

056 U–2 MODS .......................................................................................... 44,477 44,477

057 KC–10A (ATCA) .................................................................................. 46,921 46,921

058 C–12 ..................................................................................................... 1,876 1,876

059 MC–12W .............................................................................................. 17,054 17,054

060 C–20 MODS ........................................................................................ 243 243

061 VC–25A MOD ...................................................................................... 11,185 11,185

062 C–40 ..................................................................................................... 243 243

063 C–130 ................................................................................................... 67,853 67,853

065 C–130J MODS .................................................................................... 70,555 70,555

066 C–135 ................................................................................................... 46,707 46,707

067 COMPASS CALL MODS .................................................................... 50,024 50,024

068 RC–135 ................................................................................................ 165,237 165,237

069 E–3 ....................................................................................................... 193,099 193,099

070 E–4 ....................................................................................................... 47,616 47,616

071 E–8 ....................................................................................................... 59,320 59,320

072 H–1 ....................................................................................................... 5,449 5,449

073 H–60 ..................................................................................................... 26,227 26,227

074 RQ–4 MODS ........................................................................................ 9,257 9,257

075 HC/MC–130 MODIFICATIONS ........................................................ 22,326 22,326

076 OTHER AIRCRAFT ............................................................................ 18,832 18,832

077 MQ–1 MODS ....................................................................................... 30,861 30,861

078 MQ–9 MODS ....................................................................................... 238,360 238,360

079 MQ–9 UAS PAYLOADS ..................................................................... 93,461 93,461

080 CV–22 MODS ...................................................................................... 23,881 23,881

AIRCRAFT SPARES AND REPAIR PARTS

081 INITIAL SPARES/REPAIR PARTS .................................................. 729,691 729,691

COMMON SUPPORT EQUIPMENT

082 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 56,542 56,542

POST PRODUCTION SUPPORT

083 A–10 ..................................................................................................... 5,100 5,100

084 B–1 ....................................................................................................... 965 965

086 B–2A .................................................................................................... 47,580 47,580

088 KC–10A (ATCA) .................................................................................. 13,100 13,100

089 C–17A .................................................................................................. 181,703 181,703

090 C–130 ................................................................................................... 31,830 31,830

091 C–135 ................................................................................................... 13,434 13,434

092 F–15 ..................................................................................................... 2,363 2,363

093 F–16 ..................................................................................................... 8,506 5,906

Production line shutdown—excess to need ................................ [–2,600 ]

096 OTHER AIRCRAFT ............................................................................ 9,522 9,522

INDUSTRIAL PREPAREDNESS

097 INDUSTRIAL RESPONSIVENESS .................................................. 20,731 20,731

WAR CONSUMABLES

098 WAR CONSUMABLES ...................................................................... 89,727 89,727

OTHER PRODUCTION CHARGES

099 OTHER PRODUCTION CHARGES .................................................. 842,392 842,392

CLASSIFIED PROGRAMS

103A CLASSIFIED PROGRAMS ................................................................ 20,164 20,164

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 11,002,999 11,279,599

PROCUREMENT OF AMMUNITION, AIR FORCE

ROCKETS

001 ROCKETS ........................................................................................... 8,927 8,927

CARTRIDGES

002 CARTRIDGES ..................................................................................... 118,075 118,075

BOMBS

003 PRACTICE BOMBS ........................................................................... 32,393 32,393

004 GENERAL PURPOSE BOMBS ......................................................... 163,467 163,467

005 JOINT DIRECT ATTACK MUNITION ............................................ 101,921 101,921

FLARE, IR MJU–7B

006 CAD/PAD ............................................................................................. 43,829 43,829

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 7,515 7,515

008 SPARES AND REPAIR PARTS ........................................................ 1,003 1,003

009 MODIFICATIONS .............................................................................. 5,321 5,321

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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

010 ITEMS LESS THAN $5 MILLION ................................................... 5,066 5,066

FUZES

011 FLARES ............................................................................................... 46,010 46,010

012 FUZES ................................................................................................. 36,444 36,444

SMALL ARMS

013 SMALL ARMS .................................................................................... 29,223 29,223

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

599,194 599,194

MISSILE PROCUREMENT, AIR FORCE

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 56,906 56,906

TACTICAL

002 JASSM ................................................................................................. 240,399 240,399

003 SIDEWINDER (AIM–9X) ................................................................... 88,020 88,020

004 AMRAAM ............................................................................................ 229,637 206,937

Missile unit cost adjustment ...................................................... [–22,700 ]

005 PREDATOR HELLFIRE MISSILE ................................................... 47,675 47,675

006 SMALL DIAMETER BOMB .............................................................. 42,000 42,000

INDUSTRIAL FACILITIES

007 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 744 744

CLASS IV

009 MM III MODIFICATIONS ................................................................. 54,794 54,794

010 AGM–65D MAVERICK ...................................................................... 271 271

011 AGM–88A HARM ............................................................................... 23,240 23,240

012 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 13,620 13,620

013 SMALL DIAMETER BOMB .............................................................. 5,000 5,000

MISSILE SPARES AND REPAIR PARTS

014 INITIAL SPARES/REPAIR PARTS .................................................. 74,373 74,373

SPACE PROGRAMS

015 ADVANCED EHF ............................................................................... 557,205 547,205

Schedule Delay Due to Late AP Award ..................................... [–10,000 ]

017 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 36,835 36,835

019 GPS III SPACE SEGMENT ............................................................... 410,294 410,294

020 ADVANCE PROCUREMENT (CY) ............................................... 82,616 82,616

021 SPACEBORNE EQUIP (COMSEC) .................................................. 10,554 10,554

022 GLOBAL POSITIONING (SPACE) ................................................... 58,147 58,147

023 DEF METEOROLOGICAL SAT PROG(SPACE) ............................. 89,022 89,022

024 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 1,679,856 1,679,856

025 SBIR HIGH (SPACE) ......................................................................... 454,251 454,251

SPECIAL PROGRAMS

030 SPECIAL UPDATE PROGRAMS ...................................................... 138,904 138,904

CLASSIFIED PROGRAMS

030A CLASSIFIED PROGRAMS ................................................................ 1,097,483 1,097,483

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 5,491,846 5,459,146

OTHER PROCUREMENT, AIR FORCE

PASSENGER CARRYING VEHICLES

001 PASSENGER CARRYING VEHICLES ............................................ 1,905 1,905

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 18,547 18,547

003 CAP VEHICLES ................................................................................. 932 932

004 ITEMS LESS THAN $5 MILLION ................................................... 1,699 1,699

SPECIAL PURPOSE VEHICLES

005 SECURITY AND TACTICAL VEHICLES ........................................ 10,850 10,850

006 ITEMS LESS THAN $5 MILLION ................................................... 9,246 9,246

FIRE FIGHTING EQUIPMENT

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 23,148 23,148

MATERIALS HANDLING EQUIPMENT

008 ITEMS LESS THAN $5 MILLION ................................................... 18,323 18,323

BASE MAINTENANCE SUPPORT

009 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 1,685 1,685

010 ITEMS LESS THAN $5 MILLION ................................................... 17,014 17,014

COMM SECURITY EQUIPMENT(COMSEC)

012 COMSEC EQUIPMENT ..................................................................... 166,559 166,559

013 MODIFICATIONS (COMSEC) .......................................................... 1,133 1,133

INTELLIGENCE PROGRAMS

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126 STAT. 2247 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 2,749 2,749

015 INTELLIGENCE COMM EQUIPMENT .......................................... 32,876 32,876

016 ADVANCE TECH SENSORS ............................................................ 877 877

017 MISSION PLANNING SYSTEMS .................................................... 15,295 15,295

ELECTRONICS PROGRAMS

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 21,984 21,984

019 NATIONAL AIRSPACE SYSTEM .................................................... 30,698 30,698

020 BATTLE CONTROL SYSTEM—FIXED ........................................... 17,368 17,368

021 THEATER AIR CONTROL SYS IMPROVEMENTS ....................... 23,483 23,483

022 WEATHER OBSERVATION FORECAST ........................................ 17,864 17,864

023 STRATEGIC COMMAND AND CONTROL ..................................... 53,995 34,995

Early to need ................................................................................ [–19,000 ]

024 CHEYENNE MOUNTAIN COMPLEX ............................................. 14,578 14,578

025 TAC SIGINT SPT ............................................................................... 208 208

SPCL COMM-ELECTRONICS PROJECTS

027 GENERAL INFORMATION TECHNOLOGY .................................. 69,743 69,743

028 AF GLOBAL COMMAND & CONTROL SYS .................................. 15,829 63,029

Add MQ–1/9 RSO--SOC Procurement ....................................... [9,900 ]

Establish ANG Targeting Unit--Workstation Procurement ..... [37,300 ]

029 MOBILITY COMMAND AND CONTROL ....................................... 11,023 11,023

030 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 64,521 64,521

031 COMBAT TRAINING RANGES ........................................................ 18,217 18,217

032 C3 COUNTERMEASURES ................................................................ 11,899 11,899

033 GCSS-AF FOS ..................................................................................... 13,920 13,920

034 THEATER BATTLE MGT C2 SYSTEM ........................................... 9,365 9,365

035 AIR & SPACE OPERATIONS CTR-WPN SYS ................................ 33,907 33,907

AIR FORCE COMMUNICATIONS

036 INFORMATION TRANSPORT SYSTEMS ....................................... 52,464 52,464

038 AFNET ................................................................................................. 125,788 125,788

039 VOICE SYSTEMS ............................................................................... 16,811 16,811

040 USCENTCOM ..................................................................................... 32,138 32,138

DISA PROGRAMS

041 SPACE BASED IR SENSOR PGM SPACE ...................................... 47,135 47,135

042 NAVSTAR GPS SPACE ..................................................................... 2,031 2,031

043 NUDET DETECTION SYS SPACE .................................................. 5,564 5,564

044 AF SATELLITE CONTROL NETWORK SPACE ............................ 44,219 44,219

045 SPACELIFT RANGE SYSTEM SPACE ........................................... 109,545 109,545

046 MILSATCOM SPACE ......................................................................... 47,592 47,592

047 SPACE MODS SPACE ....................................................................... 47,121 47,121

048 COUNTERSPACE SYSTEM .............................................................. 20,961 20,961

ORGANIZATION AND BASE

049 TACTICAL C-E EQUIPMENT .......................................................... 126,131 126,131

050 COMBAT SURVIVOR EVADER LOCATER .................................... 23,707 23,707

051 RADIO EQUIPMENT ......................................................................... 12,757 12,757

052 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 10,716 10,716

053 BASE COMM INFRASTRUCTURE .................................................. 74,528 74,528

MODIFICATIONS

054 COMM ELECT MODS ....................................................................... 43,507 43,507

PERSONAL SAFETY & RESCUE EQUIP

055 NIGHT VISION GOGGLES ............................................................... 22,693 22,693

056 ITEMS LESS THAN $5 MILLION ................................................... 30,887 30,887

DEPOT PLANT+MTRLS HANDLING EQ

057 MECHANIZED MATERIAL HANDLING EQUIP ........................... 2,850 2,850

BASE SUPPORT EQUIPMENT

058 BASE PROCURED EQUIPMENT .................................................... 8,387 8,387

059 CONTINGENCY OPERATIONS ....................................................... 10,358 10,358

060 PRODUCTIVITY CAPITAL INVESTMENT .................................... 3,473 3,473

062 MOBILITY EQUIPMENT .................................................................. 14,471 14,471

063 ITEMS LESS THAN $5 MILLION ................................................... 1,894 1,894

SPECIAL SUPPORT PROJECTS

065 DARP RC135 ....................................................................................... 24,176 24,176

066 DCGS-AF ............................................................................................. 142,928 142,928

068 SPECIAL UPDATE PROGRAM ........................................................ 479,446 479,446

069 DEFENSE SPACE RECONNAISSANCE PROG. ............................ 39,155 39,155

CLASSIFIED PROGRAMS

069A CLASSIFIED PROGRAMS ................................................................ 14,331,312 14,331,312

SPARES AND REPAIR PARTS

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126 STAT. 2248 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

071 SPARES AND REPAIR PARTS ........................................................ 14,663 14,663

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 16,720,848 16,749,048

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, DCAA

002 ITEMS LESS THAN $5 MILLION ................................................... 1,486 1,486

MAJOR EQUIPMENT, DCMA

003 MAJOR EQUIPMENT ....................................................................... 2,129 2,129

MAJOR EQUIPMENT, DHRA

005 PERSONNEL ADMINISTRATION ................................................... 6,147 6,147

MAJOR EQUIPMENT, DISA

012 INFORMATION SYSTEMS SECURITY .......................................... 12,708 12,708

014 GLOBAL COMBAT SUPPORT SYSTEM ......................................... 3,002 3,002

015 TELEPORT PROGRAM ..................................................................... 46,992 46,992

016 ITEMS LESS THAN $5 MILLION ................................................... 108,462 108,462

017 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 2,865 2,865

018 DEFENSE INFORMATION SYSTEM NETWORK ......................... 116,906 116,906

019 PUBLIC KEY INFRASTRUCTURE ................................................. 1,827 1,827

021 CYBER SECURITY INITIATIVE ..................................................... 10,319 10,319

MAJOR EQUIPMENT, DLA

022 MAJOR EQUIPMENT ....................................................................... 9,575 9,575

MAJOR EQUIPMENT, DMACT

023 MAJOR EQUIPMENT ....................................................................... 15,179 15,179

MAJOR EQUIPMENT, DODEA

024 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,458 1,458

MAJOR EQUIPMENT, DSS

026 MAJOR EQUIPMENT ....................................................................... 2,522 2,522

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION

AGENCY

027 VEHICLES .......................................................................................... 50 50

028 OTHER MAJOR EQUIPMENT ......................................................... 13,096 13,096

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY

030 THAAD ................................................................................................ 460,728 460,728

031 AEGIS BMD ........................................................................................ 389,626 389,626

032 BMDS AN/TPY–2 RADARS ............................................................... 217,244 380,244

Procure additional AN/TPY–2 radar .......................................... [163,000 ]

033 RADAR SPARES ................................................................................ 10,177 10,177

MAJOR EQUIPMENT, NSA

041 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 6,770 6,770

MAJOR EQUIPMENT, OSD

042 MAJOR EQUIPMENT, OSD ............................................................. 45,938 45,938

043 MAJOR EQUIPMENT, INTELLIGENCE ........................................ 17,582 17,582

MAJOR EQUIPMENT, TJS

044 MAJOR EQUIPMENT, TJS ............................................................... 21,878 21,878

MAJOR EQUIPMENT, WHS

045 MAJOR EQUIPMENT, WHS ............................................................ 26,550 26,550

CLASSIFIED PROGRAMS

045A CLASSIFIED PROGRAMS ................................................................ 555,787 555,787

AVIATION PROGRAMS

046 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 74,832 74,832

048 MH–60 MODERNIZATION PROGRAM ........................................... 126,780 126,780

049 NON-STANDARD AVIATION ........................................................... 99,776 37,000

Transfer to Line 051—Mission Shift .......................................... [–62,776 ]

051 U–28 ..................................................................................................... 7,530 116,906

Transfer from Line 049—Mission Shift ..................................... [62,776 ]

USSOCOM UFR .......................................................................... [46,600 ]

052 MH–47 CHINOOK .............................................................................. 134,785 134,785

053 RQ–11 UNMANNED AERIAL VEHICLE ........................................ 2,062 2,062

054 CV–22 MODIFICATION .................................................................... 139,147 139,147

055 MQ–1 UNMANNED AERIAL VEHICLE ......................................... 3,963 26,963

USSOCOM UFR .......................................................................... [23,000 ]

056 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 3,952 39,352

USSOCOM UFR .......................................................................... [35,400 ]

058 STUASL0 ............................................................................................. 12,945 12,945

059 PRECISION STRIKE PACKAGE ..................................................... 73,013 73,013

060 AC/MC–130J ....................................................................................... 51,484 51,484

062 C–130 MODIFICATIONS .................................................................. 25,248 25,248

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126 STAT. 2249 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

063 AIRCRAFT SUPPORT ....................................................................... 5,314 5,314

SHIPBUILDING

064 UNDERWATER SYSTEMS ............................................................... 23,037 15,037

Transfer to RDDW Line 272 at USSOCOM request ................ [–8,000 ]

AMMUNITION PROGRAMS

066 ORDNANCE REPLENISHMENT ..................................................... 113,183 113,183

067 ORDNANCE ACQUISITION ............................................................. 36,981 36,981

OTHER PROCUREMENT PROGRAMS

068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 99,838 103,738

USSOCOM UFR .......................................................................... [3,900 ]

069 INTELLIGENCE SYSTEMS ............................................................. 71,428 71,428

070 SMALL ARMS AND WEAPONS ....................................................... 27,108 27,108

071 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 12,767 15,967

USSOCOM UFR .......................................................................... [3,200 ]

074 COMBATANT CRAFT SYSTEMS .................................................... 42,348 42,348

075 SPARES AND REPAIR PARTS ........................................................ 600 600

077 TACTICAL VEHICLES ...................................................................... 37,421 37,421

078 MISSION TRAINING AND PREPARATION SYSTEMS ............... 36,949 41,949

USSOCOM UFR .......................................................................... [5,000 ]

079 COMBAT MISSION REQUIREMENTS ........................................... 20,255 26,255

AC–130 electro-optical and infrared sensors ............................. [6,000 ]

080 MILCON COLLATERAL EQUIPMENT ........................................... 17,590 17,590

082 AUTOMATION SYSTEMS ................................................................ 66,573 66,573

083 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 6,549 6,549

084 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 32,335 32,335

085 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ................. 15,153 15,153

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 33,920 33,920

087 TACTICAL RADIO SYSTEMS .......................................................... 75,132 75,132

090 MISCELLANEOUS EQUIPMENT .................................................... 6,667 6,667

091 OPERATIONAL ENHANCEMENTS ................................................ 217,972 243,272

USSOCOM UFR .......................................................................... [25,300 ]

092 MILITARY INFORMATION SUPPORT OPERATIONS ................. 27,417 27,417

CBDP

093 INSTALLATION FORCE PROTECTION ........................................ 24,025 24,025

094 INDIVIDUAL PROTECTION ............................................................ 73,720 73,720

095 DECONTAMINATION ....................................................................... 506 506

096 JOINT BIO DEFENSE PROGRAM (MEDICAL) ............................. 32,597 32,597

097 COLLECTIVE PROTECTION ........................................................... 3,144 3,144

098 CONTAMINATION AVOIDANCE .................................................... 164,886 164,886

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 4,187,935 4,491,335

JOINT URGENT OPERATIONAL NEEDS FUND

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 99,477 0

Program reduction ....................................................................... [–99,477 ]

TOTAL JOINT URGENT OPERATIONAL NEEDS

FUND.

99,477 0

NATIONAL GUARD & RESERVE EQUIPMENT

UNDISTRIBUTED

999 MISCELLANEOUS EQUIPMENT .................................................... 150,000

Program increase ......................................................................... [150,000 ]

TOTAL NATIONAL GUARD & RESERVE EQUIP-

MENT.

150,000

TOTAL PROCUREMENT .................................................... 97,432,379 98,398,230

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-

ATIONS.

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

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126 STAT. 2250 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

ROTARY

009 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 71,000 71,000

012 KIOWA WARRIOR (OH–58F) WRA ................................................. 183,900 183,900

015 CH–47 HELICOPTER ........................................................................ 231,300 231,300

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 486,200 486,200

MISSILE PROCUREMENT, ARMY

AIR-TO-SURFACE MISSILE SYSTEM

004 HELLFIRE SYS SUMMARY ............................................................. 29,100 29,100

ANTI-TANK/ASSAULT MISSILE SYS

008 GUIDED MLRS ROCKET (GMLRS) ................................................ 20,553 20,553

TOTAL MISSILE PROCUREMENT, ARMY .................... 49,653 49,653

PROCUREMENT OF W&TCV, ARMY

MOD OF WEAPONS AND OTHER COMBAT VEH

036 M16 RIFLE MODS ............................................................................. 15,422 15,422

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 15,422 15,422

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

003 CTG, HANDGUN, ALL TYPES ......................................................... 1,500 1,500

004 CTG, .50 CAL, ALL TYPES ............................................................... 10,000 10,000

007 CTG, 30MM, ALL TYPES .................................................................. 80,000 61,000

Pricing adjustments for target practice round and light-

weight dual purpose round.

[–19,000 ]

MORTAR AMMUNITION

009 60MM MORTAR, ALL TYPES .......................................................... 14,000 14,000

010 81MM MORTAR, ALL TYPES .......................................................... 6,000 6,000

011 120MM MORTAR, ALL TYPES ........................................................ 56,000 56,000

ARTILLERY AMMUNITION

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ....... 29,956 29,956

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 37,044 37,044

015 PROJ 155MM EXTENDED RANGE XM982 ................................... 12,300 12,300

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 17,000 17,000

MINES

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 12,000 12,000

ROCKETS

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 63,635 63,635

OTHER AMMUNITION

023 SIGNALS, ALL TYPES ...................................................................... 16,858 16,858

MISCELLANEOUS

028 ITEMS LESS THAN $5 MILLION ................................................... 1,200 1,200

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 357,493 338,493

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 28,247 28,247

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 2,050 2,050

011 HMMWV RECAPITALIZATION PROGRAM .................................. 271,000 271,000

014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 927,400 927,400

COMM—INTELLIGENCE COMM

052 RESERVE CA/MISO GPF EQUIPMENT ......................................... 8,000 8,000

COMM—BASE COMMUNICATIONS

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 25,000 65,000

Transfer from OMA OCO at SOUTHCOM request .................. [40,000 ]

ELECT EQUIP—TACT INT REL ACT (TIARA)

069 DCGS-A (MIP) .................................................................................... 90,355 90,355

073 CI HUMINT AUTO REPRINTING AND COLLECTION ............... 6,516 6,516

ELECT EQUIP—ELECTRONIC WARFARE (EW)

075 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 27,646 27,646

077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ........ 52,000 52,000

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 205,209 205,209

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 14,600 14,600

099 COUNTERFIRE RADARS ................................................................. 54,585 54,585

ELECT EQUIP—TACTICAL C2 SYSTEMS

102 FIRE SUPPORT C2 FAMILY ............................................................ 22,430 22,430

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126 STAT. 2251 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........ 2,400 2,400

112 MANEUVER CONTROL SYSTEM (MCS) ....................................... 6,400 6,400

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...................... 5,160 5,160

CHEMICAL DEFENSIVE EQUIPMENT

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 15,000 15,000

127 BASE DEFENSE SYSTEMS (BDS) .................................................. 66,100 66,100

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 3,565 3,565

COMBAT SERVICE SUPPORT EQUIPMENT

143 FORCE PROVIDER ........................................................................... 39,700 39,700

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 650 650

PETROLEUM EQUIPMENT

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 2,119 2,119

MAINTENANCE EQUIPMENT

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 428 428

153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ............................ 30 30

TRAINING EQUIPMENT

175 COMBAT TRAINING CENTERS SUPPORT ................................... 7,000 7,000

176 TRAINING DEVICES, NONSYSTEM .............................................. 27,250 27,250

178 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 1,000 1,000

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 5,900 5,900

OTHER SUPPORT EQUIPMENT

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 98,167 118,167

Rapid equipping force delayed execution rates ......................... [–10,000 ]

Solar power units ........................................................................ [30,000 ]

TOTAL OTHER PROCUREMENT, ARMY ...................... 2,015,907 2,075,907

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND

NETWORK ATTACK

001 ATTACK THE NETWORK ................................................................ 950,500 925,000

Program decrease—under execution .......................................... [–25,500 ]

JIEDDO DEVICE DEFEAT

002 DEFEAT THE DEVICE ..................................................................... 400,000 375,000

Program decrease—under execution & program delays .......... [–25,000 ]

FORCE TRAINING

003 TRAIN THE FORCE .......................................................................... 149,500 144,500

Program decrease—under execution & program delays .......... [–5,000 ]

STAFF AND INFRASTRUCTURE

004 OPERATIONS ..................................................................................... 175,400 397,814

Program decrease—under execution & program delays .......... [–5,000 ]

Transfer from title 1 .................................................................... [227,414 ]

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT

FUND.

1,675,400 1,842,314

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 29,800 29,800

MODIFICATION OF AIRCRAFT

030 AV–8 SERIES ..................................................................................... 42,238 42,238

032 F–18 SERIES ...................................................................................... 41,243 41,243

035 H–53 SERIES ...................................................................................... 15,870 15,870

038 EP–3 SERIES ...................................................................................... 13,030 13,030

043 C–130 SERIES .................................................................................... 16,737 16,737

048 SPECIAL PROJECT AIRCRAFT ...................................................... 2,714 2,714

054 COMMON AVIONICS CHANGES .................................................... 570 570

AIRCRAFT SUPPORT EQUIP & FACILITIES

062 COMMON GROUND EQUIPMENT ................................................. 2,380 2,380

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 164,582 164,582

WEAPONS PROCUREMENT, NAVY

TACTICAL MISSILES

009 HELLFIRE .......................................................................................... 17,000 17,000

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 6,500 6,500

TOTAL WEAPONS PROCUREMENT, NAVY ................. 23,500 23,500

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

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126 STAT. 2252 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

001 GENERAL PURPOSE BOMBS ......................................................... 18,000 18,000

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 80,200 80,200

003 MACHINE GUN AMMUNITION ...................................................... 21,500 21,500

006 AIR EXPENDABLE COUNTERMEASURES .................................. 20,303 20,303

011 OTHER SHIP GUN AMMUNITION ................................................ 532 532

012 SMALL ARMS & LANDING PARTY AMMO .................................. 2,643 2,643

013 PYROTECHNIC AND DEMOLITION .............................................. 2,322 2,322

014 AMMUNITION LESS THAN $5 MILLION ..................................... 6,308 6,308

MARINE CORPS AMMUNITION

015 SMALL ARMS AMMUNITION ......................................................... 10,948 10,948

016 LINEAR CHARGES, ALL TYPES .................................................... 9,940 9,940

017 40 MM, ALL TYPES ........................................................................... 5,963 5,963

020 120MM, ALL TYPES .......................................................................... 11,605 11,605

021 CTG 25MM, ALL TYPES ................................................................... 2,831 2,831

022 GRENADES, ALL TYPES ................................................................. 2,359 2,359

023 ROCKETS, ALL TYPES .................................................................... 3,051 3,051

024 ARTILLERY, ALL TYPES ................................................................. 54,886 54,886

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 1,391 1,391

026 FUZE, ALL TYPES ............................................................................ 30,945 30,945

027 NON LETHALS .................................................................................. 8 8

029 ITEMS LESS THAN $5 MILLION ................................................... 12 12

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 285,747 285,747

OTHER PROCUREMENT, NAVY

OTHER SHORE ELECTRONIC EQUIPMENT

070 TACTICAL/MOBILE C4I SYSTEMS ................................................ 3,603 3,603

AIRCRAFT SUPPORT EQUIPMENT

097 EXPEDITIONARY AIRFIELDS ........................................................ 58,200 58,200

CIVIL ENGINEERING SUPPORT EQUIPMENT

127 PASSENGER CARRYING VEHICLES ............................................ 3,901 3,901

128 GENERAL PURPOSE TRUCKS ....................................................... 852 852

129 CONSTRUCTION & MAINTENANCE EQUIP ............................... 2,436 2,436

130 FIRE FIGHTING EQUIPMENT ....................................................... 3,798 3,798

131 TACTICAL VEHICLES ...................................................................... 13,394 13,394

134 ITEMS UNDER $5 MILLION ........................................................... 375 375

COMMAND SUPPORT EQUIPMENT

149 C4ISR EQUIPMENT .......................................................................... 3,000 3,000

151 PHYSICAL SECURITY EQUIPMENT ............................................. 9,323 9,323

TOTAL OTHER PROCUREMENT, NAVY ....................... 98,882 98,882

PROCUREMENT, MARINE CORPS

TRACKED COMBAT VEHICLES

002 LAV PIP .............................................................................................. 10,000 10,000

ARTILLERY AND OTHER WEAPONS

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 108,860 108,860

GUIDED MISSILES

010 JAVELIN ............................................................................................. 29,158 29,158

OTHER SUPPORT

013 MODIFICATION KITS ...................................................................... 41,602 41,602

REPAIR AND TEST EQUIPMENT

015 REPAIR AND TEST EQUIPMENT .................................................. 13,632 13,632

OTHER SUPPORT (TEL)

017 MODIFICATION KITS ...................................................................... 2,831 2,831

COMMAND AND CONTROL SYSTEM (NON-TEL)

019 AIR OPERATIONS C2 SYSTEMS .................................................... 15,575 15,575

RADAR + EQUIPMENT (NON-TEL)

020 RADAR SYSTEMS ............................................................................. 8,015 8,015

INTELL/COMM EQUIPMENT (NON-TEL)

023 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 35,310 35,310

OTHER COMM/ELEC EQUIPMENT (NON-TEL)

029 NIGHT VISION EQUIPMENT ......................................................... 652 652

OTHER SUPPORT (NON-TEL)

030 COMMON COMPUTER RESOURCES ............................................ 19,807 19,807

032 RADIO SYSTEMS .............................................................................. 36,482 36,482

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 41,295 41,295

TACTICAL VEHICLES

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................ 10,466 10,466

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126 STAT. 2253 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

041 FAMILY OF TACTICAL TRAILERS ................................................ 7,642 7,642

ENGINEER AND OTHER EQUIPMENT

045 BULK LIQUID EQUIPMENT ........................................................... 18,239 18,239

046 TACTICAL FUEL SYSTEMS ............................................................ 51,359 51,359

047 POWER EQUIPMENT ASSORTED ................................................. 20,247 20,247

049 EOD SYSTEMS .................................................................................. 362,658 362,658

MATERIALS HANDLING EQUIPMENT

050 PHYSICAL SECURITY EQUIPMENT ............................................. 55,500 55,500

052 MATERIAL HANDLING EQUIP ...................................................... 19,100 19,100

GENERAL PROPERTY

054 FIELD MEDICAL EQUIPMENT ...................................................... 15,751 15,751

055 TRAINING DEVICES ........................................................................ 3,602 3,602

057 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 15,900 15,900

TOTAL PROCUREMENT, MARINE CORPS .................. 943,683 943,683

AIRCRAFT PROCUREMENT, AIR FORCE

STRATEGIC AIRCRAFT

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 139,800 139,800

OTHER AIRCRAFT

055 U–2 MODS .......................................................................................... 46,800 46,800

063 C–130 ................................................................................................... 11,400 11,400

067 COMPASS CALL MODS .................................................................... 14,000 14,000

068 RC–135 ................................................................................................ 8,000 8,000

075 HC/MC–130 MODIFICATIONS ........................................................ 4,700 4,700

AIRCRAFT SPARES AND REPAIR PARTS

081 INITIAL SPARES/REPAIR PARTS .................................................. 21,900 21,900

OTHER PRODUCTION CHARGES

099 OTHER PRODUCTION CHARGES .................................................. 59,000 59,000

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 305,600 305,600

PROCUREMENT OF AMMUNITION, AIR FORCE

CARTRIDGES

002 CARTRIDGES ..................................................................................... 13,592 13,592

BOMBS

004 GENERAL PURPOSE BOMBS ......................................................... 23,211 23,211

005 JOINT DIRECT ATTACK MUNITION ............................................ 53,923 53,923

FLARE, IR MJU–7B

006 CAD/PAD ............................................................................................. 2,638 2,638

010 ITEMS LESS THAN $5 MILLION ................................................... 2,600 2,600

FUZES

011 FLARES ............................................................................................... 11,726 11,726

012 FUZES ................................................................................................. 8,513 8,513

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

116,203 116,203

MISSILE PROCUREMENT, AIR FORCE

TACTICAL

005 PREDATOR HELLFIRE MISSILE ................................................... 34,350 34,350

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 34,350 34,350

OTHER PROCUREMENT, AIR FORCE

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 2,010 2,010

004 ITEMS LESS THAN $5 MILLION ................................................... 2,675 2,675

SPECIAL PURPOSE VEHICLES

006 ITEMS LESS THAN $5 MILLION ................................................... 2,557 2,557

MATERIALS HANDLING EQUIPMENT

008 ITEMS LESS THAN $5 MILLION ................................................... 4,329 4,329

BASE MAINTENANCE SUPPORT

009 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 984 984

010 ITEMS LESS THAN $5 MILLION ................................................... 9,120 9,120

ELECTRONICS PROGRAMS

022 WEATHER OBSERVATION FORECAST ........................................ 5,600 5,600

SPCL COMM-ELECTRONICS PROJECTS

027 GENERAL INFORMATION TECHNOLOGY .................................. 11,157 11,157

ORGANIZATION AND BASE

049 TACTICAL C-E EQUIPMENT .......................................................... 7,000 7,000

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126 STAT. 2254 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

053 BASE COMM INFRASTRUCTURE .................................................. 10,654 10,654

MODIFICATIONS

054 COMM ELECT MODS ....................................................................... 8,000 8,000

PERSONAL SAFETY & RESCUE EQUIP

055 NIGHT VISION GOGGLES ............................................................... 902 902

BASE SUPPORT EQUIPMENT

059 CONTINGENCY OPERATIONS ....................................................... 60,090 60,090

062 MOBILITY EQUIPMENT .................................................................. 9,400 9,400

063 ITEMS LESS THAN $5 MILLION ................................................... 9,175 9,175

CLASSIFIED PROGRAMS

069A CLASSIFIED PROGRAMS ................................................................ 2,672,317 2,672,317

SPARES AND REPAIR PARTS

071 SPARES AND REPAIR PARTS ........................................................ 2,300 2,300

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 2,818,270 2,818,270

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, DISA

015 TELEPORT PROGRAM ..................................................................... 5,260 5,260

CLASSIFIED PROGRAMS

045A CLASSIFIED PROGRAMS ................................................................ 126,201 126,201

AVIATION PROGRAMS

061 MQ–8 UAV .......................................................................................... 16,500 16,500

OTHER PROCUREMENT PROGRAMS

068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 151 151

069 INTELLIGENCE SYSTEMS ............................................................. 30,528 30,528

077 TACTICAL VEHICLES ...................................................................... 1,843 1,843

082 AUTOMATION SYSTEMS ................................................................ 1,000 1,000

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 108 108

091 OPERATIONAL ENHANCEMENTS ................................................ 14,758 14,758

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 196,349 196,349

JOINT URGENT OPERATIONAL NEEDS FUND

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 100,000 0

Program reduction ....................................................................... [–100,000 ]

TOTAL JOINT URGENT OPERATIONAL NEEDS

FUND.

100,000 0

NATIONAL GUARD & RESERVE EQUIPMENT

UNDISTRIBUTED

999 MISCELLANEOUS EQUIPMENT .................................................... 350,000

Program increase ......................................................................... [350,000 ]

TOTAL NATIONAL GUARD & RESERVE EQUIP-

MENT.

350,000

TOTAL PROCUREMENT .................................................... 9,687,241 10,145,155

TITLE XLII—RESEARCH, DEVELOP-

MENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL,

ARMY

BASIC RESEARCH

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 20,860 20,860

002 0601102A DEFENSE RESEARCH SCIENCES .................................... 219,180 219,180

003 0601103A UNIVERSITY RESEARCH INITIATIVES .......................... 80,986 80,986

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126 STAT. 2255 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 123,045 123,045

SUBTOTAL BASIC RESEARCH .................................. 444,071 444,071

APPLIED RESEARCH

005 0602105A MATERIALS TECHNOLOGY .............................................. 29,041 39,041

Advanced coating technologies for corrosion mitiga-

tion.

[10,000 ]

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ............ 45,260 45,260

007 0602122A TRACTOR HIP ...................................................................... 22,439 22,439

008 0602211A AVIATION TECHNOLOGY ................................................. 51,607 51,607

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ....................... 15,068 15,068

010 0602303A MISSILE TECHNOLOGY .................................................... 49,383 49,383

011 0602307A ADVANCED WEAPONS TECHNOLOGY .......................... 25,999 25,999

012 0602308A ADVANCED CONCEPTS AND SIMULATION .................. 23,507 23,507

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECH-

NOLOGY.

69,062 69,062

014 0602618A BALLISTICS TECHNOLOGY .............................................. 60,823 60,823

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING

TECHNOLOGY.

4,465 4,465

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................... 7,169 7,169

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ................ 35,218 35,218

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............... 60,300 60,300

019 0602709A NIGHT VISION TECHNOLOGY ......................................... 53,244 53,244

020 0602712A COUNTERMINE SYSTEMS ................................................ 18,850 18,850

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 19,872 19,872

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ................ 20,095 20,095

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECH-

NOLOGY.

28,852 28,852

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............... 9,830 9,830

025 0602784A MILITARY ENGINEERING TECHNOLOGY .................... 70,693 70,693

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 17,781 17,781

027 0602786A WARFIGHTER TECHNOLOGY .......................................... 28,281 28,281

028 0602787A MEDICAL TECHNOLOGY .................................................. 107,891 107,891

SUBTOTAL APPLIED RESEARCH ............................ 874,730 884,730

ADVANCED TECHNOLOGY DEVELOPMENT

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................... 39,359 39,359

030 0603002A MEDICAL ADVANCED TECHNOLOGY ............................ 69,580 69,580

031 0603003A AVIATION ADVANCED TECHNOLOGY ........................... 64,215 64,215

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECH-

NOLOGY.

67,613 67,613

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED

TECHNOLOGY.

104,359 104,359

034 0603006A COMMAND, CONTROL, COMMUNICATIONS AD-

VANCED TECHNOLOGY.

4,157 4,157

035 0603007A MANPOWER, PERSONNEL AND TRAINING AD-

VANCED TECHNOLOGY.

9,856 9,856

036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY 50,661 50,661

037 0603009A TRACTOR HIKE ................................................................... 9,126 9,126

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYS-

TEMS.

17,257 17,257

039 0603020A TRACTOR ROSE ................................................................... 9,925 9,925

040 0603105A MILITARY HIV RESEARCH ............................................... 6,984 6,984

041 0603125A COMBATING TERRORISM—TECHNOLOGY DEVEL-

OPMENT.

9,716 9,716

042 0603130A TRACTOR NAIL .................................................................... 3,487 3,487

043 0603131A TRACTOR EGGS ................................................................... 2,323 2,323

044 0603270A ELECTRONIC WARFARE TECHNOLOGY ....................... 21,683 21,683

045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ... 71,111 71,111

046 0603322A TRACTOR CAGE ................................................................... 10,902 10,902

047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZA-

TION PROGRAM.

180,582 180,582

048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED

TECHNOLOGY.

27,204 27,204

049 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................... 6,095 6,095

050 0603710A NIGHT VISION ADVANCED TECHNOLOGY .................. 37,217 37,217

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126 STAT. 2256 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEM-

ONSTRATIONS.

13,626 13,626

052 0603734A MILITARY ENGINEERING ADVANCED TECH-

NOLOGY.

28,458 28,458

053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND

SENSOR TECHNOLOGY.

25,226 25,226

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

890,722 890,722

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

054 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION .. 14,505 14,505

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ........................ 9,876 9,876

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 5,054 5,054

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING

SYS-ADV DEV.

2,725 2,725

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ............. 30,560 30,560

059 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ......... 14,347 14,347

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................... 10,073 10,073

061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—

ADV DEV.

8,660 8,660

062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOP-

MENT.

10,715 10,715

063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/

VAL.

4,631 4,631

064 0603782A WARFIGHTER INFORMATION NETWORK-TAC-

TICAL—DEM/VAL.

278,018 278,018

065 0603790A NATO RESEARCH AND DEVELOPMENT ....................... 4,961 4,961

066 0603801A AVIATION—ADV DEV ......................................................... 8,602 8,602

067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 14,605 14,605

068 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM

EVALUATION AND ANALYSIS.

5,054 5,054

069 0603807A MEDICAL SYSTEMS—ADV DEV ....................................... 24,384 24,384

070 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..... 32,050 32,050

071 0603850A INTEGRATED BROADCAST SERVICE ............................. 96 96

072 0604115A TECHNOLOGY MATURATION INITIATIVES ................. 24,868 24,868

073 0604131A TRACTOR JUTE ................................................................... 59 59

075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCRE-

MENT 2–INTERCEPT (IFPC2).

76,039 76,039

077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 4,043 4,043

078 0305205A ENDURANCE UAVS ............................................................ 26,196 20,197

Program decrease ........................................................... [–5,999 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

610,121 604,122

SYSTEM DEVELOPMENT & DEMONSTRATION

079 0604201A AIRCRAFT AVIONICS ......................................................... 78,538 78,538

080 0604220A ARMED, DEPLOYABLE HELOS ........................................ 90,494 90,494

081 0604270A ELECTRONIC WARFARE DEVELOPMENT .................... 181,347 176,347

Program adjustment ...................................................... [–5,000 ]

083 0604290A MID-TIER NETWORKING VEHICULAR RADIO

(MNVR).

12,636 12,636

084 0604321A ALL SOURCE ANALYSIS SYSTEM ................................... 5,694 5,694

085 0604328A TRACTOR CAGE ................................................................... 32,095 32,095

086 0604601A INFANTRY SUPPORT WEAPONS ..................................... 96,478 93,078

XM25 funding ahead of need ......................................... [–3,400 ]

087 0604604A MEDIUM TACTICAL VEHICLES ....................................... 3,006 3,006

089 0604611A JAVELIN ................................................................................ 5,040 5,040

090 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................... 3,077 3,077

091 0604633A AIR TRAFFIC CONTROL .................................................... 9,769 9,769

092 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) .. 13,141 13,141

099 0604710A NIGHT VISION SYSTEMS—ENG DEV ............................. 32,621 32,621

100 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ... 2,132 2,132

101 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ........... 44,787 44,787

102 0604716A TERRAIN INFORMATION—ENG DEV ............................. 1,008 1,008

103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTEL-

LIGENCE—ENG DEV.

73,333 73,333

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126 STAT. 2257 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOP-

MENT.

28,937 28,937

105 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ....... 10,815 10,815

106 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—

ENG DEV.

13,926 13,926

107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE 17,797 17,797

108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUA-

TION.

214,270 214,270

109 0604802A WEAPONS AND MUNITIONS—ENG DEV ....................... 14,581 14,581

110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 43,706 43,706

111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYS-

TEMS—ENG DEV.

20,776 20,776

112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DE-

FENSE EQUIPMENT—ENG DEV.

43,395 43,395

113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ................ 104,983 104,983

114 0604814A ARTILLERY MUNITIONS—EMD ....................................... 4,346 4,346

116 0604818A ARMY TACTICAL COMMAND & CONTROL HARD-

WARE & SOFTWARE.

77,223 77,223

117 0604820A RADAR DEVELOPMENT .................................................... 3,486 3,486

118 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM

(GFEBS).

9,963 27,163

GFEBS realignment per Army request ........................ [17,200 ]

119 0604823A FIREFINDER ........................................................................ 20,517 20,517

120 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................... 51,851 51,851

121 0604854A ARTILLERY SYSTEMS—EMD ........................................... 167,797 167,797

122 0604869A PATRIOT/MEADS COMBINED AGGREGATE PRO-

GRAM (CAP).

400,861 0

Prohibition of funds for MEADS ................................... [–400,861 ]

123 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR

NETWORK.

7,922 7,922

124 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .......... 51,463 51,463

125 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY

(IPPS-A).

158,646 158,646

126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ..................... 10,000 10,000

128 0605456A PAC–3/MSE MISSILE .......................................................... 69,029 69,029

129 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE

(AIAMD).

277,374 315,374

DRFM countermeasures studies ................................... [38,000 ]

130 0605625A MANNED GROUND VEHICLE ........................................... 639,874 639,874

131 0605626A AERIAL COMMON SENSOR .............................................. 47,426 47,426

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOPMENT

PH.

72,295 72,295

133 0303032A TROJAN—RH12 .................................................................... 4,232 4,232

134 0304270A ELECTRONIC WARFARE DEVELOPMENT .................... 13,942 13,942

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

3,286,629 2,932,568

RDT&E MANAGEMENT SUPPORT

135 0604256A THREAT SIMULATOR DEVELOPMENT .......................... 18,090 18,090

136 0604258A TARGET SYSTEMS DEVELOPMENT ............................... 14,034 14,034

137 0604759A MAJOR T&E INVESTMENT ............................................... 37,394 37,394

138 0605103A RAND ARROYO CENTER ................................................... 21,026 21,026

139 0605301A ARMY KWAJALEIN ATOLL ............................................... 176,816 176,816

140 0605326A CONCEPTS EXPERIMENTATION PROGRAM ................ 27,902 27,902

142 0605601A ARMY TEST RANGES AND FACILITIES ......................... 369,900 369,900

143 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND

TARGETS.

69,183 69,183

144 0605604A SURVIVABILITY/LETHALITY ANALYSIS ....................... 44,753 44,753

146 0605606A AIRCRAFT CERTIFICATION .............................................. 5,762 5,762

147 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVI-

TIES.

7,402 7,402

148 0605706A MATERIEL SYSTEMS ANALYSIS ..................................... 19,954 19,954

149 0605709A EXPLOITATION OF FOREIGN ITEMS ............................. 5,535 5,535

150 0605712A SUPPORT OF OPERATIONAL TESTING ......................... 67,789 67,789

151 0605716A ARMY EVALUATION CENTER .......................................... 62,765 62,765

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126 STAT. 2258 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

152 0605718A ARMY MODELING & SIM X-CMD COLLABORATION &

INTEG.

1,545 1,545

153 0605801A PROGRAMWIDE ACTIVITIES ............................................ 83,422 83,422

154 0605803A TECHNICAL INFORMATION ACTIVITIES ...................... 50,820 50,820

155 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS

AND SAFETY.

46,763 46,763

156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT

SUPPORT.

4,601 4,601

157 0605898A MANAGEMENT HQ—R&D ................................................. 18,524 18,524

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 1,153,980 1,153,980

OPERATIONAL SYSTEMS DEVELOPMENT

159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............... 143,005 143,005

161 0607865A PATRIOT PRODUCT IMPROVEMENT .............................. 109,978 109,978

162 0102419A AEROSTAT JOINT PROJECT OFFICE ............................. 190,422 159,922

Program decrease ........................................................... [–30,500 ]

164 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM .... 32,556 32,556

165 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ........ 253,959 253,959

166 0203740A MANEUVER CONTROL SYSTEM ...................................... 68,325 68,325

167 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVE-

MENT PROGRAMS.

280,247 226,147

Funding ahead of need .................................................. [–54,100 ]

168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT

PROGRAM.

898 898

169 0203758A DIGITIZATION ...................................................................... 35,180 35,180

171 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT

PROGRAM.

20,733 20,733

172 0203808A TRACTOR CARD ................................................................... 63,243 63,243

173 0208053A JOINT TACTICAL GROUND SYSTEM .............................. 31,738 31,738

174 0208058A JOINT HIGH SPEED VESSEL (JHSV) .............................. 35 35

176 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .............. 7,591 7,591

177 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ......... 15,961 15,961

178 0303141A GLOBAL COMBAT SUPPORT SYSTEM ........................... 120,927 120,927

179 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ................ 15,756 15,756

180 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYS-

TEM.

14,443 14,443

182 0305204A TACTICAL UNMANNED AERIAL VEHICLES ................. 31,303 31,303

183 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

40,876 40,876

184 0305219A MQ–1 SKY WARRIOR A UAV ............................................. 74,618 74,618

185 0305232A RQ–11 UAV ............................................................................ 4,039 4,039

186 0305233A RQ–7 UAV .............................................................................. 31,158 31,158

187 0305235A VERTICAL UAS .................................................................... 2,387 2,387

188 0307665A BIOMETRICS ENABLED INTELLIGENCE ...................... 15,248 15,248

189 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVI-

TIES.

59,908 59,908

189A 9999999999 CLASSIFIED PROGRAMS ................................................... 4,628 4,628

SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-

MENT.

1,669,162 1,584,562

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, ARMY.

8,929,415 8,494,755

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY

BASIC RESEARCH

001 0601103N UNIVERSITY RESEARCH INITIATIVES .......................... 113,690 123,690

Increase Defense University Research Instrumenta-

tion Program.

[10,000 ]

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 18,261 18,261

003 0601153N DEFENSE RESEARCH SCIENCES .................................... 473,070 473,070

SUBTOTAL BASIC RESEARCH .................................. 605,021 615,021

APPLIED RESEARCH

004 0602114N POWER PROJECTION APPLIED RESEARCH ................. 89,189 89,189

005 0602123N FORCE PROTECTION APPLIED RESEARCH ................. 143,301 143,301

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ..... 46,528 46,528

007 0602235N COMMON PICTURE APPLIED RESEARCH .................... 41,696 41,696

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126 STAT. 2259 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 44,127 44,127

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 78,228 78,228

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED

RESEARCH.

49,635 49,635

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RE-

SEARCH.

5,973 5,973

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............... 96,814 96,814

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RE-

SEARCH.

162,417 162,417

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED

RESEARCH.

32,394 32,394

SUBTOTAL APPLIED RESEARCH ............................ 790,302 790,302

ADVANCED TECHNOLOGY DEVELOPMENT

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 56,543 56,543

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 18,616 18,616

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECH-

NOLOGY.

54,858 54,858

020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION

(ATD).

130,598 130,598

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DE-

VELOPMENT.

11,706 11,706

022 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECH-

NOLOGY DEVELOPMENT.

256,382 256,382

023 0603729N WARFIGHTER PROTECTION ADVANCED TECH-

NOLOGY.

3,880 3,880

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEM-

ONSTRATIONS.

51,819 51,819

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

584,402 584,402

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

028 0603207N AIR/OCEAN TACTICAL APPLICATIONS ......................... 34,085 34,085

029 0603216N AVIATION SURVIVABILITY .............................................. 8,783 8,783

030 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ....... 3,773 3,773

031 0603251N AIRCRAFT SYSTEMS .......................................................... 24,512 24,512

032 0603254N ASW SYSTEMS DEVELOPMENT ...................................... 8,090 8,090

033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................... 5,301 5,301

034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .......... 1,506 1,506

035 0603502N SURFACE AND SHALLOW WATER MINE COUNTER-

MEASURES.

190,622 188,622

Excess to need ................................................................ [–2,000 ]

036 0603506N SURFACE SHIP TORPEDO DEFENSE ............................. 93,346 93,346

037 0603512N CARRIER SYSTEMS DEVELOPMENT .............................. 108,871 108,871

039 0603525N PILOT FISH ........................................................................... 101,169 101,169

040 0603527N RETRACT LARCH ................................................................ 74,312 74,312

041 0603536N RETRACT JUNIPER ............................................................ 90,730 90,730

042 0603542N RADIOLOGICAL CONTROL ............................................... 777 777

043 0603553N SURFACE ASW ..................................................................... 6,704 6,704

044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ... 555,123 555,123

045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .............. 9,368 9,368

046 0603563N SHIP CONCEPT ADVANCED DESIGN ............................. 24,609 24,609

047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUD-

IES.

13,710 13,710

048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ..................... 249,748 249,748

049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............ 29,897 29,897

050 0603576N CHALK EAGLE ..................................................................... 509,988 509,988

051 0603581N LITTORAL COMBAT SHIP (LCS) ...................................... 429,420 429,420

052 0603582N COMBAT SYSTEM INTEGRATION ................................... 56,551 56,551

053 0603609N CONVENTIONAL MUNITIONS ......................................... 7,342 7,342

054 0603611M MARINE CORPS ASSAULT VEHICLES ........................... 95,182 95,182

055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYS-

TEM.

10,496 10,496

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-

MENT.

52,331 52,331

057 0603658N COOPERATIVE ENGAGEMENT ........................................ 56,512 56,512

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126 STAT. 2260 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOP-

MENT.

7,029 7,029

059 0603721N ENVIRONMENTAL PROTECTION .................................... 21,080 21,080

060 0603724N NAVY ENERGY PROGRAM ................................................ 55,324 55,324

061 0603725N FACILITIES IMPROVEMENT ............................................ 3,401 3,401

062 0603734N CHALK CORAL ..................................................................... 45,966 45,966

063 0603739N NAVY LOGISTIC PRODUCTIVITY .................................... 3,811 3,811

064 0603746N RETRACT MAPLE ................................................................ 341,305 341,305

065 0603748N LINK PLUMERIA ................................................................. 181,220 181,220

066 0603751N RETRACT ELM ..................................................................... 174,014 174,014

068 0603764N LINK EVERGREEN .............................................................. 68,654 68,654

069 0603787N SPECIAL PROCESSES ........................................................ 44,487 44,487

070 0603790N NATO RESEARCH AND DEVELOPMENT ....................... 9,389 9,389

071 0603795N LAND ATTACK TECHNOLOGY ......................................... 16,132 16,132

072 0603851M JOINT NON-LETHAL WEAPONS TESTING .................... 44,994 44,994

073 0603860N JOINT PRECISION APPROACH AND LANDING SYS-

TEMS—DEM/VAL.

137,369 137,369

076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTER-

MEASURES (TADIRCM).

73,934 73,934

077 0604279N ASE SELF-PROTECTION OPTIMIZATION ...................... 711 711

078 0604653N JOINT COUNTER RADIO CONTROLLED IED ELEC-

TRONIC WARFARE (JCREW).

71,300 71,300

079 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PRO-

GRAM.

5,654 5,654

080 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHI-

TECTURE/ENGINEERING SUPPORT.

31,549 31,549

082 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DE-

VELOPMENT.

86,801 86,801

083 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOPMENT

PH.

44,500 44,500

084 0303354N ASW SYSTEMS DEVELOPMENT—MIP ........................... 13,172 13,172

086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP .......... 643 643

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

4,335,297 4,333,297

SYSTEM DEVELOPMENT & DEMONSTRATION

087 0604212N OTHER HELO DEVELOPMENT ........................................ 33,978 33,978

088 0604214N AV–8B AIRCRAFT—ENG DEV ........................................... 32,789 32,789

089 0604215N STANDARDS DEVELOPMENT .......................................... 84,988 82,988

Program behind in execution ........................................ [–2,000 ]

090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOP-

MENT.

6,866 6,866

091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ..................... 4,060 4,060

092 0604221N P–3 MODERNIZATION PROGRAM ................................... 3,451 3,451

093 0604230N WARFARE SUPPORT SYSTEM .......................................... 13,071 13,071

094 0604231N TACTICAL COMMAND SYSTEM ....................................... 71,645 71,645

095 0604234N ADVANCED HAWKEYE ...................................................... 119,065 119,065

096 0604245N H–1 UPGRADES ................................................................... 31,105 31,105

097 0604261N ACOUSTIC SEARCH SENSORS ......................................... 34,299 34,299

098 0604262N V–22A ..................................................................................... 54,412 54,412

099 0604264N AIR CREW SYSTEMS DEVELOPMENT ........................... 2,717 2,717

100 0604269N EA–18 ..................................................................................... 13,009 13,009

101 0604270N ELECTRONIC WARFARE DEVELOPMENT .................... 51,304 51,304

102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ................ 61,163 61,163

103 0604274N NEXT GENERATION JAMMER (NGJ) .............................. 187,024 187,024

104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-

NAVY).

337,480 337,480

105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGI-

NEERING.

260,616 510,616

Cruiser Retention ........................................................... [250,000 ]

106 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...................... 824 824

107 0604329N SMALL DIAMETER BOMB (SDB) ...................................... 31,064 31,064

108 0604366N STANDARD MISSILE IMPROVEMENTS .......................... 63,891 58,391

Program execution .......................................................... [–5,500 ]

109 0604373N AIRBORNE MCM .................................................................. 73,246 73,246

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126 STAT. 2261 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELEC-

TRONIC WARFARE (EW) FOR AVIATION.

10,568 10,568

111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER

AIR SYSTEMS ENGINEERING.

39,974 39,974

112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SUR-

VEILLANCE AND STRIKE (UCLASS) SYSTEM.

122,481 122,481

113 0604501N ADVANCED ABOVE WATER SENSORS ........................... 255,516 255,516

114 0604503N SSN–688 AND TRIDENT MODERNIZATION ................... 82,620 82,620

115 0604504N AIR CONTROL ...................................................................... 5,633 5,633

116 0604512N SHIPBOARD AVIATION SYSTEMS ................................... 55,826 55,826

117 0604518N COMBAT INFORMATION CENTER CONVERSION ....... 918 918

118 0604558N NEW DESIGN SSN ............................................................... 165,230 165,230

119 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................ 49,141 49,141

120 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................. 196,737 196,737

121 0604574N NAVY TACTICAL COMPUTER RESOURCES .................. 3,889 3,889

122 0604601N MINE DEVELOPMENT ....................................................... 8,335 8,335

123 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .................. 49,818 49,818

124 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-

MENT.

10,099 10,099

125 0604703N PERSONNEL, TRAINING, SIMULATION, AND

HUMAN FACTORS.

7,348 7,348

126 0604727N JOINT STANDOFF WEAPON SYSTEMS .......................... 5,518 5,518

127 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .............. 87,662 87,662

128 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) .............. 64,079 64,079

129 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ........ 151,489 151,489

131 0604771N MEDICAL DEVELOPMENT ................................................ 12,707 12,707

132 0604777N NAVIGATION/ID SYSTEM .................................................. 47,764 47,764

133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ............................ 737,149 733,949

Block IV development ahead of need ............................ [–3,200 ]

134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ............................ 743,926 740,726

Block IV development ahead of need ............................ [–3,200 ]

135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .......... 12,143 12,143

136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .......... 72,209 72,209

138 0605212N CH–53K RDTE ...................................................................... 606,204 606,204

140 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ........... 421,102 421,102

141 0204202N DDG–1000 .............................................................................. 124,655 124,655

142 0304231N TACTICAL COMMAND SYSTEM—MIP ............................ 1,170 1,170

144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .............................. 23,255 23,255

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

5,747,232 5,983,332

RDT&E MANAGEMENT SUPPORT

146 0604256N THREAT SIMULATOR DEVELOPMENT .......................... 30,790 30,790

147 0604258N TARGET SYSTEMS DEVELOPMENT ............................... 59,221 59,221

148 0604759N MAJOR T&E INVESTMENT ............................................... 35,894 35,894

149 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGA-

NIZATION.

7,573 7,573

150 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ................. 20,963 20,963

151 0605154N CENTER FOR NAVAL ANALYSES .................................... 46,856 46,856

153 0605804N TECHNICAL INFORMATION SERVICES ......................... 796 796

154 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL

SUPPORT.

32,782 32,782

155 0605856N STRATEGIC TECHNICAL SUPPORT ................................ 3,306 3,306

156 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGE-

MENT.

70,302 70,302

157 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ........................ 144,033 144,033

158 0605864N TEST AND EVALUATION SUPPORT ................................ 342,298 342,298

159 0605865N OPERATIONAL TEST AND EVALUATION CAPA-

BILITY.

16,399 16,399

160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW)

SUPPORT.

4,579 4,579

161 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,000 8,000

162 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ................ 18,490 18,490

163 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES .......................... 2,795 2,795

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 845,077 845,077

OPERATIONAL SYSTEMS DEVELOPMENT

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126 STAT. 2262 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) AD-

VANCED COMPONENT AND PROTOTYPE DEVEL-

OPMENT.

142,282 142,282

170 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ..... 105,892 105,892

171 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ................. 34,729 34,729

172 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 1,434 1,434

173 0101402N NAVY STRATEGIC COMMUNICATIONS ......................... 19,208 19,208

174 0203761N RAPID TECHNOLOGY TRANSITION (RTT) .................... 25,566 25,566

175 0204136N F/A–18 SQUADRONS ........................................................... 188,299 170,299

Program behind in execution ........................................ [–18,000 ]

176 0204152N E–2 SQUADRONS ................................................................. 8,610 8,610

177 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............. 15,695 15,695

178 0204228N SURFACE SUPPORT ........................................................... 4,171 4,171

179 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING

CENTER (TMPC).

11,265 11,265

180 0204311N INTEGRATED SURVEILLANCE SYSTEM ....................... 45,922 45,922

181 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-

PLACEMENT CRAFT).

8,435 8,435

182 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....... 75,088 75,088

183 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOP-

MENT.

20,229 20,229

184 0204574N CRYPTOLOGIC DIRECT SUPPORT .................................. 1,756 1,756

185 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 19,843 19,843

186 0205601N HARM IMPROVEMENT ...................................................... 11,477 11,477

187 0205604N TACTICAL DATA LINKS ..................................................... 118,818 118,818

188 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 27,342 27,342

189 0205632N MK–48 ADCAP ...................................................................... 28,717 28,717

190 0205633N AVIATION IMPROVEMENTS ............................................. 89,157 89,157

191 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ...................... 3,450 3,450

192 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............... 86,435 86,435

193 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .......... 219,054 219,054

194 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING

ARMS SYSTEMS.

181,693 181,693

195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .......... 58,393 58,393

196 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYS-

TEMS (MIP).

22,966 22,966

197 0207161N TACTICAL AIM MISSILES ................................................. 21,107 21,107

198 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE

(AMRAAM).

2,857 2,857

199 0208058N JOINT HIGH SPEED VESSEL (JHSV) .............................. 1,932 1,932

204 0303109N SATELLITE COMMUNICATIONS (SPACE) ..................... 188,482 188,482

205 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE

SERVICES (CANES).

16,749 16,749

206 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ......... 26,307 26,307

207 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYS-

TEM.

500 500

210 0305149N COBRA JUDY ........................................................................ 17,091 17,091

211 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-

SPACE (METOC).

810 810

212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVI-

TIES.

8,617 8,617

213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ................. 9,066 9,066

215 0305207N MANNED RECONNAISSANCE SYSTEMS ....................... 30,654 30,654

216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

25,917 25,917

217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

14,676 14,676

218 0305220N RQ–4 UAV .............................................................................. 657,483 657,483

219 0305231N MQ–8 UAV ............................................................................. 99,600 99,600

220 0305232M RQ–11 UAV ............................................................................ 495 495

221 0305233N RQ–7 UAV .............................................................................. 863 863

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .............. 9,734 9,734

225 0305239M RQ–21A .................................................................................. 22,343 22,343

226 0308601N MODELING AND SIMULATION SUPPORT ..................... 5,908 5,908

227 0702207N DEPOT MAINTENANCE (NON-IF) .................................... 27,391 27,391

229 0708011N INDUSTRIAL PREPAREDNESS ......................................... 54,879 54,879

230 0708730N MARITIME TECHNOLOGY (MARITECH) ........................ 5,000 5,000

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126 STAT. 2263 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

230A 9999999999 CLASSIFIED PROGRAMS ................................................... 1,151,159 1,351,159

Program increase ............................................................ [200,000 ]

SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-

MENT.

3,975,546 4,157,546

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, NAVY.

16,882,877 17,308,977

RESEARCH, DEVELOPMENT, TEST & EVAL, AF

BASIC RESEARCH

001 0601102F DEFENSE RESEARCH SCIENCES .................................... 361,787 361,787

002 0601103F UNIVERSITY RESEARCH INITIATIVES .......................... 141,153 141,153

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ........ 13,094 13,094

SUBTOTAL BASIC RESEARCH .................................. 516,034 516,034

APPLIED RESEARCH

004 0602102F MATERIALS .......................................................................... 114,166 114,166

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ....................... 120,719 120,719

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ......... 89,319 89,319

007 0602203F AEROSPACE PROPULSION ............................................... 232,547 232,547

008 0602204F AEROSPACE SENSORS ...................................................... 127,637 127,637

009 0602601F SPACE TECHNOLOGY ........................................................ 98,375 98,375

010 0602602F CONVENTIONAL MUNITIONS ......................................... 77,175 77,175

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................... 106,196 106,196

012 0602788F DOMINANT INFORMATION SCIENCES AND METH-

ODS.

104,362 104,362

013 0602890F HIGH ENERGY LASER RESEARCH ................................. 38,557 38,557

SUBTOTAL APPLIED RESEARCH ............................ 1,109,053 1,109,053

ADVANCED TECHNOLOGY DEVELOPMENT

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ..... 47,890 57,890

Increase Materials Affordability Initiative program ... [10,000 ]

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 6,565 6,565

016 0603203F ADVANCED AEROSPACE SENSORS ................................ 37,657 37,657

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ....................... 81,376 81,376

018 0603216F AEROSPACE PROPULSION AND POWER TECH-

NOLOGY.

151,152 151,152

019 0603270F ELECTRONIC COMBAT TECHNOLOGY .......................... 32,941 32,941

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY .................... 64,557 64,557

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ........... 29,256 29,256

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECH-

NOLOGY DEVELOPMENT.

21,523 21,523

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ................. 36,352 36,352

024 0603605F ADVANCED WEAPONS TECHNOLOGY .......................... 19,004 19,004

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............. 37,045 37,045

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND

DEMONSTRATION.

31,419 31,419

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

596,737 606,737

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT .............. 3,866 3,866

029 0603287F PHYSICAL SECURITY EQUIPMENT ................................ 3,704 3,704

030 0603430F ADVANCED EHF MILSATCOM (SPACE) ......................... 229,171 227,671

Project decrease .............................................................. [–1,500 ]

031 0603432F POLAR MILSATCOM (SPACE) ........................................... 120,676 120,676

032 0603438F SPACE CONTROL TECHNOLOGY .................................... 25,144 23,144

Project decrease .............................................................. [–2,000 ]

033 0603742F COMBAT IDENTIFICATION TECHNOLOGY .................. 32,243 32,243

034 0603790F NATO RESEARCH AND DEVELOPMENT ....................... 4,507 4,507

035 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ............ 652 652

036 0603830F SPACE PROTECTION PROGRAM (SPP) ........................... 10,429 10,429

037 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ........ 19,938 19,938

038 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/

VAL.

71,181 71,181

039 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) .......... 12,027 12,027

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126 STAT. 2264 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

040 0603859F POLLUTION PREVENTION—DEM/VAL .......................... 2,054 2,054

041 0603860F JOINT PRECISION APPROACH AND LANDING SYS-

TEMS—DEM/VAL.

57,975 57,975

042 0604015F LONG RANGE STRIKE ....................................................... 291,742 291,742

043 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOP-

MENT.

114,417 114,417

044 0604317F TECHNOLOGY TRANSFER ................................................ 2,576 2,576

045 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYS-

TEM (HDBTDS) PROGRAM.

16,711 16,711

047 0604337F REQUIREMENTS ANALYSIS AND MATURATION ........ 16,343 16,343

048 0604422F WEATHER SATELLITE FOLLOW-ON .............................. 2,000 2,000

050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT 9,423 9,423

054 0604857F OPERATIONALLY RESPONSIVE SPACE ........................ 45,000

Restore Operationally Responsive Space ..................... [45,000 ]

055 0604858F TECH TRANSITION PROGRAM ........................................ 37,558 34,558

Project decrease .............................................................. [–3,000 ]

056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER

EQUIPMENT) (SPACE).

96,840 96,840

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

1,181,177 1,219,677

SYSTEM DEVELOPMENT & DEMONSTRATION

058 0603840F GLOBAL BROADCAST SERVICE (GBS) ........................... 14,652 14,652

059 0604222F NUCLEAR WEAPONS SUPPORT ...................................... 25,713 25,713

060 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 6,583 4,983

Program delays ............................................................... [–1,600 ]

061 0604270F ELECTRONIC WARFARE DEVELOPMENT ..................... 1,975 1,975

062 0604280F JOINT TACTICAL RADIO ................................................... 2,594 2,594

063 0604281F TACTICAL DATA NETWORKS ENTERPRISE ................. 24,534 24,534

064 0604287F PHYSICAL SECURITY EQUIPMENT ................................ 51 51

065 0604329F SMALL DIAMETER BOMB (SDB)—EMD ......................... 143,000 143,000

066 0604421F COUNTERSPACE SYSTEMS .............................................. 28,797 28,797

067 0604425F SPACE SITUATION AWARENESS SYSTEMS ................. 267,252 247,252

C-Band Radar re-location .............................................. [3,000 ]

Excess funding ................................................................ [–20,000 ]

Undistributed reduction ................................................. [–3,000 ]

068 0604429F AIRBORNE ELECTRONIC ATTACK ................................. 4,118 4,118

069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH

EMD.

448,594 446,594

Project decrease .............................................................. [–2,000 ]

070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................... 9,951 9,951

071 0604604F SUBMUNITIONS .................................................................. 2,567 2,567

072 0604617F AGILE COMBAT SUPPORT ................................................ 13,059 13,059

073 0604706F LIFE SUPPORT SYSTEMS .................................................. 9,720 9,720

074 0604735F COMBAT TRAINING RANGES ........................................... 9,222 9,222

076 0604750F INTELLIGENCE EQUIPMENT .......................................... 803 803

077 0604800F F–35—EMD ............................................................................ 1,210,306 1,207,999

Block 4—early to need ................................................... [–2,307 ]

078 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ..... 135,437 135,437

079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PRO-

GRAM (SPACE)—EMD.

7,980 7,980

080 0604932F LONG RANGE STANDOFF WEAPON ............................... 2,004 2,004

081 0604933F ICBM FUZE MODERNIZATION ......................................... 73,512 73,512

082 0605213F F–22 MODERNIZATION INCREMENT 3.2B .................... 140,100 140,100

083 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT 1,815,588 1,738,488

Excess prior year funds ................................................. [–77,100 ]

084 0605229F CSAR HH–60 RECAPITALIZATION .................................. 123,210 123,210

085 0605278F HC/MC–130 RECAP RDT&E ............................................... 19,039 19,039

086 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................... 281,056 281,056

087 0101125F NUCLEAR WEAPONS MODERNIZATION ....................... 80,200 80,200

089 0207604F READINESS TRAINING RANGES, OPERATIONS AND

MAINTENANCE.

310 310

090 0207701F FULL COMBAT MISSION TRAINING .............................. 14,861 14,861

091 0305230F MC–12 .................................................................................... 19,949 19,949

093 0401318F CV–22 ..................................................................................... 28,027 28,027

094 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ....................... 1,960 1,960

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126 STAT. 2265 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

4,966,724 4,863,717

RDT&E MANAGEMENT SUPPORT

095 0604256F THREAT SIMULATOR DEVELOPMENT .......................... 22,812 22,812

096 0604759F MAJOR T&E INVESTMENT ............................................... 42,236 42,236

097 0605101F RAND PROJECT AIR FORCE ............................................. 25,579 25,579

099 0605712F INITIAL OPERATIONAL TEST & EVALUATION ........... 16,197 16,197

100 0605807F TEST AND EVALUATION SUPPORT ................................ 722,071 722,071

101 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ....... 16,200 16,200

102 0605864F SPACE TEST PROGRAM (STP) .......................................... 10,051 45,051

Restore Space Test Program ......................................... [35,000 ]

103 0605976F FACILITIES RESTORATION AND MODERNIZATION—

TEST AND EVALUATION SUPPORT.

42,597 42,597

104 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUA-

TION SUPPORT.

27,301 27,301

105 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIA-

TIVE.

13,964 13,964

106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN

WORKFORCE.

203,766 203,766

107 0702806F ACQUISITION AND MANAGEMENT SUPPORT ............. 42,430 42,430

108 0804731F GENERAL SKILL TRAINING ............................................. 1,294 1,294

111 1001004F INTERNATIONAL ACTIVITIES ......................................... 3,851 3,851

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 1,190,349 1,225,349

OPERATIONAL SYSTEMS DEVELOPMENT

112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL

CONTROL SEGMENT.

371,595 370,095

Project decrease .............................................................. [–1,500 ]

114 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM

(AF-IPPS).

91,697 91,697

115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 17,037 17,037

117 0101113F B–52 SQUADRONS ............................................................... 53,208 53,208

118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ................... 431 431

119 0101126F B–1B SQUADRONS .............................................................. 16,265 16,265

120 0101127F B–2 SQUADRONS ................................................................. 35,970 35,970

121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...... 30,889 30,889

122 0101314F NIGHT FIST—USSTRATCOM ............................................ 10 10

124 0102326F REGION/SECTOR OPERATION CONTROL CENTER

MODERNIZATION PROGRAM.

5,609 5,609

126 0203761F WARFIGHTER RAPID ACQUISITION PROCESS

(WRAP) RAPID TRANSITION FUND.

15,098 15,098

127 0205219F MQ–9 UAV ............................................................................. 147,971 147,971

128 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIP-

MENT.

49,848 49,848

129 0207131F A–10 SQUADRONS ............................................................... 13,538 13,538

130 0207133F F–16 SQUADRONS ............................................................... 190,257 190,257

131 0207134F F–15E SQUADRONS ............................................................ 192,677 192,677

132 0207136F MANNED DESTRUCTIVE SUPPRESSION ...................... 13,683 13,683

133 0207138F F–22A SQUADRONS ............................................................ 371,667 371,667

134 0207142F F–35 SQUADRONS ............................................................... 8,117 8,117

135 0207161F TACTICAL AIM MISSILES ................................................. 8,234 8,234

136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE

(AMRAAM).

87,041 87,041

137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM

(JHMCS).

1,472 1,472

138 0207224F COMBAT RESCUE AND RECOVERY ............................... 2,095 2,095

139 0207227F COMBAT RESCUE—PARARESCUE .................................. 1,119 1,119

140 0207247F AF TENCAP ........................................................................... 63,853 63,853

141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ......... 1,063 1,063

142 0207253F COMPASS CALL ................................................................... 12,094 12,094

143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT

PROGRAM.

187,984 187,984

145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE

(JASSM).

7,950 7,950

146 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ................. 76,315 76,315

147 0207412F CONTROL AND REPORTING CENTER (CRC) ................ 8,653 8,653

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126 STAT. 2266 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

148 0207417F AIRBORNE WARNING AND CONTROL SYSTEM

(AWACS).

65,200 65,200

149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ................. 5,767 5,767

152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES .. 5,756 5,756

154 0207444F TACTICAL AIR CONTROL PARTY-MOD .......................... 16,226 16,226

156 0207448F C2ISR TACTICAL DATA LINK ........................................... 1,633 1,633

157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ..... 18,086 18,086

158 0207452F DCAPES ................................................................................. 15,690 15,690

159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR

SYSTEM (JSTARS).

24,241 24,241

160 0207590F SEEK EAGLE ........................................................................ 22,654 22,654

161 0207601F USAF MODELING AND SIMULATION ............................ 15,501 15,501

162 0207605F WARGAMING AND SIMULATION CENTERS ................. 5,699 5,699

163 0207697F DISTRIBUTED TRAINING AND EXERCISES ................. 4,425 4,425

164 0208006F MISSION PLANNING SYSTEMS ....................................... 69,377 69,377

165 0208021F INFORMATION WARFARE SUPPORT ............................. 7,159 7,159

166 0208059F CYBER COMMAND ACTIVITIES ....................................... 66,888 66,888

174 0301400F SPACE SUPERIORITY INTELLIGENCE .......................... 12,056 12,056

175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER

(NAOC).

4,159 4,159

176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICA-

TIONS NETWORK (MEECN).

20,124 20,124

177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ......... 69,133 69,133

178 0303141F GLOBAL COMBAT SUPPORT SYSTEM ........................... 6,512 6,512

179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ............. 4,316 2,316

Underexecution ............................................................... [–2,000 ]

180 0303601F MILSATCOM TERMINALS ................................................. 107,237 107,237

182 0304260F AIRBORNE SIGINT ENTERPRISE .................................... 129,106 129,106

185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........... 4,461 4,461

186 0305103F CYBER SECURITY INITIATIVE ........................................ 2,055 2,055

187 0305105F DOD CYBER CRIME CENTER ........................................... 285 285

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ................... 33,773 33,773

189 0305111F WEATHER SERVICE ........................................................... 29,048 29,048

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING

SYSTEM (ATCALS).

43,187 43,187

191 0305116F AERIAL TARGETS ............................................................... 50,496 50,496

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ............. 354 354

195 0305145F ARMS CONTROL IMPLEMENTATION ............................. 4,000 4,000

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-

TIES.

342 342

198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER

EQUIPMENT) (SPACE).

29,621 29,621

199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE

AND CONTROL SEGMENTS).

14,335 14,335

201 0305173F SPACE AND MISSILE TEST AND EVALUATION CEN-

TER.

3,680 3,680

202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER 2,430 2,430

203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ............................ 8,760 8,760

205 0305202F DRAGON U–2 ........................................................................ 23,644 23,644

206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ........... 21,000 21,000

207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................... 96,735 96,735

208 0305207F MANNED RECONNAISSANCE SYSTEMS ....................... 13,316 13,316

209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

63,501 63,501

210 0305219F MQ–1 PREDATOR A UAV ................................................... 9,122 9,122

211 0305220F RQ–4 UAV .............................................................................. 236,265 236,265

212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 7,367 7,367

213 0305236F COMMON DATA LINK (CDL) ............................................. 38,094 38,094

214 0305238F NATO AGS ............................................................................. 210,109 210,109

215 0305240F SUPPORT TO DCGS ENTERPRISE ................................... 24,500 24,500

216 0305265F GPS III SPACE SEGMENT ................................................. 318,992 318,992

217 0305614F JSPOC MISSION SYSTEM .................................................. 54,645 54,645

218 0305881F RAPID CYBER ACQUISITION ........................................... 4,007 4,007

219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WAR-

FARE.

13,357 13,357

220 0305913F NUDET DETECTION SYSTEM (SPACE) .......................... 64,965 63,365

ICADS—early to need .................................................... [–1,600 ]

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126 STAT. 2267 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

221 0305940F SPACE SITUATION AWARENESS OPERATIONS .......... 19,586 19,586

223 0308699F SHARED EARLY WARNING (SEW) .................................. 1,175 1,175

224 0401115F C–130 AIRLIFT SQUADRON .............................................. 5,000 5,000

225 0401119F C–5 AIRLIFT SQUADRONS (IF) ......................................... 35,115 35,115

226 0401130F C–17 AIRCRAFT (IF) ............................................................ 99,225 99,225

227 0401132F C–130J PROGRAM ............................................................... 30,652 30,652

228 0401134F LARGE AIRCRAFT IR COUNTERMEASURES

(LAIRCM).

7,758 7,758

229 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) .............................. 100 0

Program termination ...................................................... [–100 ]

231 0401219F KC–10S ................................................................................... 24,022 24,022

232 0401314F OPERATIONAL SUPPORT AIRLIFT ................................. 7,471 7,471

234 0408011F SPECIAL TACTICS / COMBAT CONTROL ....................... 4,984 4,984

235 0702207F DEPOT MAINTENANCE (NON-IF) .................................... 1,588 1,588

236 0708012F LOGISTICS SUPPORT ACTIVITIES .................................. 577 577

237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ... 119,327 99,327

Program delays ............................................................... [–20,000 ]

238 0708611F SUPPORT SYSTEMS DEVELOPMENT ............................. 15,873 15,873

240 0804743F OTHER FLIGHT TRAINING ............................................... 349 349

242 0808716F OTHER PERSONNEL ACTIVITIES ................................... 117 117

243 0901202F JOINT PERSONNEL RECOVERY AGENCY ..................... 2,018 2,018

244 0901218F CIVILIAN COMPENSATION PROGRAM .......................... 1,561 1,561

245 0901220F PERSONNEL ADMINISTRATION ..................................... 7,634 7,634

246 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .......... 1,175 1,175

247 0901279F FACILITIES OPERATION—ADMINISTRATIVE .............. 3,491 3,491

248 0901538F FINANCIAL MANAGEMENT INFORMATION SYS-

TEMS DEVELOPMENT.

100,160 100,160

249A 9999999999 CLASSIFIED PROGRAMS ................................................... 11,172,183 11,172,183

SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-

MENT.

15,867,972 15,842,772

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, AF.

25,428,046 25,383,339

RESEARCH, DEVELOPMENT, TEST & EVAL, DW

BASIC RESEARCH

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ............................. 45,071 45,071

002 0601101E DEFENSE RESEARCH SCIENCES .................................... 309,051 309,051

003 0601110D8Z BASIC RESEARCH INITIATIVES ...................................... 19,405 19,405

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH

SCIENCE.

39,676 39,676

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ............ 87,979 87,979

006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 50,566 50,566

SUBTOTAL BASIC RESEARCH .................................. 551,748 551,748

APPLIED RESEARCH

007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ................................. 20,615 20,615

008 0602115E BIOMEDICAL TECHNOLOGY ............................................ 110,900 110,900

009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVER-

SITIES (HBCU) SCIENCE.

10,000

Program increase ............................................................ [10,000 ]

010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ......... 36,826 36,826

011 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ............................. 7,898 7,898

012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 392,421 392,421

013 0602304E COGNITIVE COMPUTING SYSTEMS ............................... 30,424 30,424

015 0602383E BIOLOGICAL WARFARE DEFENSE ................................. 19,236 19,236

016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 223,269 223,269

017 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ................. 13,753 9,753

Excessive growth ............................................................ [–4,000 ]

018 0602668D8Z CYBER SECURITY RESEARCH ......................................... 18,985 12,985

Excessive growth ............................................................ [–6,000 ]

019 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-

ELING (HSCB) APPLIED RESEARCH.

6,771 6,771

020 0602702E TACTICAL TECHNOLOGY ................................................. 233,209 233,209

021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ........... 166,067 166,067

022 0602716E ELECTRONICS TECHNOLOGY ......................................... 222,416 222,416

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126 STAT. 2268 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

023 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECH-

NOLOGIES.

172,352 172,352

024 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOP-

MENT.

28,739 28,739

SUBTOTAL APPLIED RESEARCH ............................ 1,703,881 1,703,881

ADVANCED TECHNOLOGY DEVELOPMENT (ATD)

025 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .......... 25,612 21,612

Excessive growth ............................................................ [–4,000 ]

026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT .............................. 26,324 26,324

027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .. 77,144 77,144

028 0603160BR COUNTERPROLIFERATION INITIATIVES—PRO-

LIFERATION PREVENTION AND DEFEAT.

275,022 275,022

029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ............ 79,975 79,975

031 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVEL-

OPMENT.

20,032 20,032

032 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY

(AT21)—THEATER CAPABILITY.

3,892 3,892

033 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ................... 36,685 36,685

034 0603286E ADVANCED AEROSPACE SYSTEMS ................................ 174,316 159,316

Program decrease ........................................................... [–15,000 ]

035 0603287E SPACE PROGRAMS AND TECHNOLOGY ........................ 159,704 159,704

036 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—ADVANCED DEVELOPMENT.

234,280 234,280

037 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........ 6,983 6,983

038 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRA-

TIONS.

158,263 158,263

039 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ..... 25,393 25,393

040 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DE-

VELOPMENT.

13,754 9,754

Excessive growth ............................................................ [–4,000 ]

042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH .................. 19,935 13,935

Excessive growth ............................................................ [–6,000 ]

043 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-

ELING (HSCB) ADVANCED DEVELOPMENT.

8,235 8,235

044 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND

TECHNOLOGY PROGRAM.

21,966 51,966

Industrial Base Innovation Fund .................................. [30,000 ]

045 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOP-

MENT.

24,662 24,662

047 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEM-

ONSTRATIONS.

24,605 24,605

048 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE

TECHNOLOGY.

30,678 30,678

049 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PRO-

GRAM.

65,282 65,282

050 0603720S MICROELECTRONICS TECHNOLOGY DEVELOP-

MENT AND SUPPORT.

72,234 62,234

.90nm Next Generation Foundry-early to need ........... [–10,000 ]

051 0603727D8Z JOINT WARFIGHTING PROGRAM ................................... 8,403 8,403

052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES .............. 111,008 111,008

054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYS-

TEMS.

237,859 229,859

Program reduction .......................................................... [–8,000 ]

055 0603765E CLASSIFIED DARPA PROGRAMS ..................................... 3,000 3,000

056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .......... 236,883 236,883

057 0603767E SENSOR TECHNOLOGY ..................................................... 299,438 299,438

058 0603769SE DISTRIBUTED LEARNING ADVANCED TECH-

NOLOGY DEVELOPMENT.

12,195 12,195

059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ........................ 30,036 30,036

060 0603826D8Z QUICK REACTION SPECIAL PROJECTS ........................ 107,002 92,002

Excessive growth ............................................................ [–15,000 ]

062 0603828J JOINT EXPERIMENTATION .............................................. 21,230 21,230

063 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT

OFFICE.

47,433 47,433

064 0603901C DIRECTED ENERGY RESEARCH ..................................... 46,944 41,944

Unjustified request ......................................................... [–5,000 ]

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126 STAT. 2269 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

065 0603902C NEXT GENERATION AEGIS MISSILE ............................. 224,077 224,077

066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 92,602 92,602

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT.

26,244 26,244

069 0303310D8Z CWMD SYSTEMS ................................................................. 53,946 38,946

Program reduction .......................................................... [–15,000 ]

070 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY

DEVELOPMENT.

45,317 45,317

071 1160422BB AVIATION ENGINEERING ANALYSIS ............................ 861 861

072 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS AD-

VANCED TECHNOLOGY.

4,959 4,959

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT (ATD).

3,194,413 3,142,413

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

073 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECU-

RITY EQUIPMENT RDT&E ADC&P.

33,234 33,234

074 0603527D8Z RETRACT LARCH ................................................................ 21,023 21,023

075 0603600D8Z WALKOFF ............................................................................. 94,624 94,624

077 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ........ 16,958 18,958

Reverse cuts to testing ................................................... [2,000 ]

078 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFI-

CATION PROGRAM.

75,941 75,941

079 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE

SEGMENT.

316,929 316,929

080 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DE-

FENSE SEGMENT.

903,172 978,172

Program increase ............................................................ [75,000 ]

081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—DEM/VAL.

179,023 179,023

082 0603884C BALLISTIC MISSILE DEFENSE SENSORS ..................... 347,012 347,012

084 0603890C BMD ENABLING PROGRAMS ........................................... 362,711 362,711

085 0603891C SPECIAL PROGRAMS—MDA ............................................. 272,387 272,387

086 0603892C AEGIS BMD ........................................................................... 992,407 992,407

087 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .......... 51,313 51,313

088 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PRO-

GRAMS.

6,912 6,912

089 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND

CONTROL, BATTLE MANAGEMENT & COMMU-

NICATION.

366,552 366,552

090 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER

SUPPORT.

55,550 55,550

091 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS

CENTER (MDIOC).

63,043 63,043

092 0603906C REGARDING TRENCH ........................................................ 11,371 11,371

093 0603907C SEA BASED X-BAND RADAR (SBX) .................................. 9,730 9,730

094 0603913C ISRAELI COOPERATIVE PROGRAMS .............................. 99,836 478,836

Increase to DSWS, ASIP, Arrow–3 cooperative pro-

grams.

[168,000 ]

Iron Dome short-range rocket defense ......................... [211,000 ]

095 0603914C BALLISTIC MISSILE DEFENSE TEST ............................. 454,400 454,400

096 0603915C BALLISTIC MISSILE DEFENSE TARGETS ..................... 435,747 435,747

097 0603920D8Z HUMANITARIAN DEMINING ............................................ 13,231 13,231

098 0603923D8Z COALITION WARFARE ....................................................... 11,398 11,398

099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,283 24,083

Increase for requirements shortfall .............................. [20,800 ]

100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIR-

CRAFT SYSTEM (UAS) COMMON DEVELOPMENT.

12,368 12,368

101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-

ELING (HSCB) RESEARCH AND ENGINEERING.

5,131 5,131

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ................... 200,000

Rapid Innovation Program ............................................ [200,000 ]

104 0604787J JOINT SYSTEMS INTEGRATION ...................................... 3,273 3,273

106 0604828J JOINT FIRES INTEGRATION AND INTEROPER-

ABILITY TEAM.

7,364 7,364

107 0604880C LAND-BASED SM–3 (LBSM3) ............................................ 276,338 276,338

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126 STAT. 2270 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

108 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............... 420,630 420,630

109 0604883C PRECISION TRACKING SPACE SENSOR RDT&E ......... 297,375 242,375

Project decrease to support technology development .. [–55,000 ]

111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) 58,742 33,742

Program reduction .......................................................... [–25,000 ]

113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET)

PROGRAM.

3,158 3,158

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

6,282,166 6,878,966

SYSTEM DEVELOPMENT AND DEMONSTRATION

(SDD)

115 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECU-

RITY EQUIPMENT RDT&E SDD.

6,817 6,817

116 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOP-

MENT.

110,383 110,383

117 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—EMD.

311,071 311,071

119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE

(AITS-JPO).

25,787 25,787

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION

SYSTEM (JTIDS).

20,688 20,688

121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPA-

BILITIES.

5,749 5,749

122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .......... 12,699 12,699

125 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 387 387

126 0605022D8Z DEFENSE EXPORTABILITY PROGRAM .......................... 1,859 1,859

127 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................... 7,010 7,010

128 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND

DEMONSTRATION.

133,104 133,104

129 0605075D8Z DCMO POLICY AND INTEGRATION ................................ 25,269 25,269

131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CA-

PABILITIES.

10,238 10,238

132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ........................... 19,670 19,670

133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MAN-

AGEMENT (EEIM).

3,556 3,556

SUBTOTAL SYSTEM DEVELOPMENT AND DEM-

ONSTRATION (SDD).

694,287 694,287

RDT&E MANAGEMENT SUPPORT

135 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,383 6,383

136 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ... 3,845 3,845

137 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT

DEVELOPMENT (CTEIP).

144,109 144,109

138 0604942D8Z ASSESSMENTS AND EVALUATIONS .............................. 2,419 2,419

139 0604943D8Z THERMAL VICAR ................................................................ 8,214 8,214

140 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY

(JMETC).

19,380 19,380

141 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 32,266 32,266

142 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT .......... 840 840

143 0605117D8Z FOREIGN MATERIEL ACQUISITION AND EXPLOI-

TATION.

56,012 56,012

144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE

ORGANIZATION (JIAMDO).

55,508 55,508

146 0605130D8Z FOREIGN COMPARATIVE TESTING ............................... 18,174 18,174

147 0605142D8Z SYSTEMS ENGINEERING .................................................. 43,195 43,195

148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ................... 6,457 6,457

149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ................. 4,901 4,901

150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTE-

GRATION.

6,307 6,307

151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .......... 6,601 6,601

152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 92,849 92,849

159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/

SMALL BUSINESS TECHNOLOGY TRANSFER (S.

1,857 1,857

160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .............................. 12,056 12,056

162 0605801KA DEFENSE TECHNICAL INFORMATION CENTER

(DTIC).

55,454 55,454

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126 STAT. 2271 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

163 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING

AND EVALUATION.

16,364 16,364

164 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................... 15,110 20,110

DT&E Increase ............................................................... [5,000 ]

166 0605898E MANAGEMENT HQ—R&D ................................................. 69,767 69,767

167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ..................... 4,454 4,454

169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE

(DOSI).

2,637 2,637

174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CA-

PABILITIES.

8,238 8,238

176 0305103E CYBER SECURITY INITIATIVE ........................................ 1,801 1,801

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPER-

ATIONS (IO).

16,041 16,041

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING

TRANSFORMATION (CE2T2).

77,475 77,475

182 0901598C MANAGEMENT HQ—MDA ................................................. 34,855 34,855

183 0901598D8W MANAGEMENT HEADQUARTERS WHS ......................... 104 104

184A 9999999999 CLASSIFIED PROGRAMS ................................................... 64,255 64,255

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 887,928 892,928

OPERATIONAL SYSTEMS DEVELOPMENT

185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ........................ 8,866 8,866

186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND

PARTNERSHIP FOR PEACE INFORMATION MGMT.

3,238 3,238

187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED

INFORMATION SYSTEM (OHASIS).

288 288

188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPER-

ATIONAL SYSTEMS DEVELOPMENT).

14,745 14,745

190 0607828J JOINT INTEGRATION AND INTEROPERABILITY ........ 5,013 5,013

191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ........ 3,922 3,922

192 0208045K C4I INTEROPERABILITY ................................................... 72,574 72,574

194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING 6,214 6,214

201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE

SUPPORT.

499 499

202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING

AND INTEGRATION.

14,498 14,498

203 0303126K LONG-HAUL COMMUNICATIONS—DCS ........................ 26,164 26,164

204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICA-

TIONS NETWORK (MEECN).

12,931 12,931

205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) .......................... 6,296 6,296

206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ........... 30,948 30,948

207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ......... 11,780 11,780

208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ......... 191,452 191,452

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ............. 36,575 36,575

212 0303153K DEFENSE SPECTRUM ORGANIZATION ......................... 24,278 24,278

213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) .......... 2,924 2,924

214 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE

(DMDPO).

1,294 1,294

215 0303610K TELEPORT PROGRAM ........................................................ 6,050 6,050

217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ........ 17,058 17,058

222 0305103K CYBER SECURITY INITIATIVE ........................................ 4,189 4,189

223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ..... 10,462 10,462

227 0305186D8Z POLICY R&D PROGRAMS .................................................. 6,360 6,360

229 0305199D8Z NET CENTRICITY ................................................................ 21,190 21,190

232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

7,114 7,714

USSOCOM UFR ............................................................. [600 ]

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

3,247 3,247

237 0305219BB MQ–1 PREDATOR A UAV ................................................... 1,355 1,355

240 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER

PROGRAM.

2,303 2,303

241 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY

AND ARCHITECTURES.

1,478 1,478

249 0708011S INDUSTRIAL PREPAREDNESS ......................................... 27,044 27,044

250 0708012S LOGISTICS SUPPORT ACTIVITIES .................................. 4,711 4,711

251 0902298J MANAGEMENT HQ—OJCS ................................................ 4,100 4,100

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126 STAT. 2272 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

253 1105219BB MQ–9 UAV ............................................................................. 3,002 3,002

257 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS AD-

VANCED DEVELOPMENT.

97,267 97,267

258 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVEL-

OPMENT.

821 821

259 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS

DEVELOPMENT.

25,935 25,935

260 1160408BB SOF OPERATIONAL ENHANCEMENTS .......................... 51,700 51,700

261 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ........... 1,822 1,822

262 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS

(MTPS).

10,131 10,131

263 1160429BB AC/MC–130J .......................................................................... 19,647 19,647

264 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELEC-

TRONICS SYSTEMS.

2,225 2,225

265 1160476BB SOF TACTICAL RADIO SYSTEMS .................................... 3,036 3,036

266 1160477BB SOF WEAPONS SYSTEMS .................................................. 1,511 1,511

267 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYS-

TEMS.

4,263 4,263

268 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SEN-

SOR SYSTEMS.

4,448 4,448

269 1160480BB SOF TACTICAL VEHICLES ................................................ 11,325 11,325

270 1160481BB SOF MUNITIONS ................................................................. 1,515 1,515

271 1160482BB SOF ROTARY WING AVIATION ........................................ 24,430 24,430

272 1160483BB SOF UNDERWATER SYSTEMS ......................................... 26,405 69,405

Program increase ............................................................ [35,000 ]

Transfer from PDW Line 64 at USSOCOM request ... [8,000 ]

273 1160484BB SOF SURFACE CRAFT ........................................................ 8,573 8,573

275 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES .... 7,620 7,620

276 1160490BB SOF OPERATIONAL ENHANCEMENTS INTEL-

LIGENCE.

16,386 16,386

276A 9999999999 CLASSIFIED PROGRAMS ................................................... 3,754,516 3,754,516

SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-

MENT.

4,667,738 4,711,338

UNDISTRIBUTED GENERAL PROVISIONS

276B 9999999999 UNDISTRIBUTED GENERAL PROVISIONS .................... –25,000

DARPA classified programs reduction ...................... [–25,000 ]

SUBTOTAL UNDISTRIBUTED GENERAL PROVI-

SIONS.

–25,000

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, DW.

17,982,161 18,550,561

OPERATIONAL TEST & EVAL, DEFENSE

RDT&E MANAGEMENT SUPPORT

001 0605118OTE OPERATIONAL TEST AND EVALUATION ...................... 72,501 87,501

Program increase for DOT&E cyber—range oper-

ations.

[15,000 ]

002 0605131OTE LIVE FIRE TEST AND EVALUATION .............................. 49,201 49,201

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .... 63,566 63,566

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 185,268 200,268

TOTAL OPERATIONAL TEST & EVAL, DE-

FENSE.

185,268 200,268

TOTAL RDT&E ........................................................ 69,407,767 69,937,900

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126 STAT. 2273 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR

OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-

GENCY OPERATIONS

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2013

Request

Conference

Authorized

ADVANCED COMPONENT DEVELOPMENT & PRO-

TOTYPES

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...................... 19,860 14,860

Program adjustment ........................................................ [–5,000 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

19,860 19,860

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, ARMY.

19,860 14,860

ADVANCED COMPONENT DEVELOPMENT & PRO-

TOTYPES

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-

MENT.

4,600 4,600

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

4,600 4,600

SYSTEM DEVELOPMENT & DEMONSTRATION

131 0604771N MEDICAL DEVELOPMENT .................................................. 2,173 2,173

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

2,173 2,173

RDT&E MANAGEMENT SUPPORT

160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW)

SUPPORT.

5,200 5,200

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 5,200 5,200

OPERATIONAL SYSTEMS DEVELOPMENT

195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ............ 6,762 6,762

221 0305233N RQ–7 UAV ............................................................................... 7,600 7,600

230A 9999999999 CLASSIFIED PROGRAMS ..................................................... 33,784 33,784

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

48,146 48,146

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, NAVY.

60,119 60,119

OPERATIONAL SYSTEMS DEVELOPMENT

249A 9999999999 CLASSIFIED PROGRAMS ..................................................... 53,150 53,150

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

53,150 53,150

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, AF.

53,150 53,150

OPERATIONAL SYSTEMS DEVELOPMENT

239 0305231BB MQ–8 UAV ............................................................................... 5,000 5,000

276A 9999999999 CLASSIFIED PROGRAMS ..................................................... 107,387 107,387

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

112,387 112,387

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, DW.

112,387 112,387

TOTAL RDT&E .......................................................... 245,516 240,516

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126 STAT. 2274 PUBLIC LAW 112–239—JAN. 2, 2013

TITLE XLIII—OPERATION AND

MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 1,223,087 1,223,087

020 MODULAR SUPPORT BRIGADES ............................... 80,574 80,574

030 ECHELONS ABOVE BRIGADE .................................... 723,039 723,039

040 THEATER LEVEL ASSETS .......................................... 706,974 706,974

050 LAND FORCES OPERATIONS SUPPORT .................. 1,226,650 1,226,650

060 AVIATION ASSETS ........................................................ 1,319,832 1,319,832

070 FORCE READINESS OPERATIONS SUPPORT ......... 3,447,174 3,447,174

080 LAND FORCES SYSTEMS READINESS ..................... 454,774 454,774

090 LAND FORCES DEPOT MAINTENANCE .................. 1,762,757 1,762,757

100 BASE OPERATIONS SUPPORT ................................... 7,401,613 7,349,613

Army requested transfer to Other Procurement,

Army for emgergency mananagement mod-

ernization prgram ................................................. [–52,000 ]

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 3,041,074 3,259,674

Restoration and Modernization of Facilities .......... [218,600 ]

120 MANAGEMENT AND OPERATIONAL HQ’S ............. 410,171 410,171

130 COMBATANT COMMANDERS CORE OPERATIONS 177,819 177,819

170 COMBATANT COMMANDERS ANCILLARY MIS-

SIONS ........................................................................... 461,333 461,333

SUBTOTAL OPERATING FORCES .................. 22,436,871 22,603,471

MOBILIZATION

180 STRATEGIC MOBILITY ................................................ 405,496 405,496

190 ARMY PREPOSITIONING STOCKS ............................ 195,349 195,349

200 INDUSTRIAL PREPAREDNESS .................................. 6,379 6,379

SUBTOTAL MOBILIZATION ............................. 607,224 607,224

TRAINING AND RECRUITING

210 OFFICER ACQUISITION .............................................. 112,866 112,866

220 RECRUIT TRAINING .................................................... 73,265 73,265

230 ONE STATION UNIT TRAINING ................................ 51,227 51,227

240 SENIOR RESERVE OFFICERS TRAINING CORPS .. 443,306 443,306

250 SPECIALIZED SKILL TRAINING ................................ 1,099,556 1,099,556

260 FLIGHT TRAINING ....................................................... 1,130,627 1,130,627

270 PROFESSIONAL DEVELOPMENT EDUCATION ..... 191,683 191,683

280 TRAINING SUPPORT .................................................... 652,095 652,095

290 RECRUITING AND ADVERTISING ............................ 507,510 507,510

300 EXAMINING ................................................................... 156,964 156,964

310 OFF-DUTY AND VOLUNTARY EDUCATION ............ 244,343 244,343

320 CIVILIAN EDUCATION AND TRAINING .................. 212,477 212,477

330 JUNIOR ROTC ................................................................ 182,691 182,691

SUBTOTAL TRAINING AND RECRUITING .. 5,058,610 5,058,610

ADMIN & SRVWIDE ACTIVITIES

350 SERVICEWIDE TRANSPORTATION ........................... 601,331 601,331

360 CENTRAL SUPPLY ACTIVITIES ................................. 741,324 741,324

370 LOGISTIC SUPPORT ACTIVITIES .............................. 610,136 610,136

380 AMMUNITION MANAGEMENT .................................. 478,707 478,707

390 ADMINISTRATION ........................................................ 556,307 556,307

400 SERVICEWIDE COMMUNICATIONS ......................... 1,547,925 1,547,925

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126 STAT. 2275 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

410 MANPOWER MANAGEMENT ...................................... 362,205 338,205

Army-Identified Excess for Civilian Personnel Re-

sources Support .................................................... [–24,000 ]

420 OTHER PERSONNEL SUPPORT ................................. 220,754 220,754

430 OTHER SERVICE SUPPORT ........................................ 1,153,556 1,150,509

Army Museum Funding (Early to need) ................ [–3,047 ]

440 ARMY CLAIMS ACTIVITIES ........................................ 250,970 250,970

450 REAL ESTATE MANAGEMENT .................................. 222,351 222,351

460 BASE OPERATIONS SUPPORT ................................... 222,379 222,379

470 SUPPORT OF NATO OPERATIONS ............................ 459,710 459,710

480 MISC. SUPPORT OF OTHER NATIONS ..................... 25,637 25,637

490 CLASSIFIED PROGRAMS ............................................. 1,052,595 1,052,595

SUBTOTAL ADMIN & SRVWIDE ACTIVI-

TIES ...................................................................... 8,505,887 8,478,840

UNDISTRIBUTED ADJUSTMENTS

500 UNDISTRIBUTED ADJUSTMENTS ............................ –266,600

Excess Working Capital Fund Carry Over ............ [–146,600 ]

Historical unobligated balances .............................. [–120,000 ]

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. –266,600

TOTAL OPERATION & MAINTENANCE,

ARMY ................................................................ 36,608,592 36,481,545

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 4,918,144 4,927,144

Cruiser Retention ..................................................... [9,000 ]

020 FLEET AIR TRAINING ................................................. 1,886,825 1,886,825

030 AVIATION TECHNICAL DATA & ENGINEERING

SERVICES ................................................................... 44,032 44,032

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 101,565 101,565

050 AIR SYSTEMS SUPPORT ............................................. 374,827 374,827

060 AIRCRAFT DEPOT MAINTENANCE .......................... 960,802 960,802

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 37,545 37,545

080 AVIATION LOGISTICS .................................................. 328,805 328,805

090 MISSION AND OTHER SHIP OPERATIONS ............. 4,686,535 4,711,185

Cruiser Retention ..................................................... [24,650 ]

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 769,204 769,204

110 SHIP DEPOT MAINTENANCE .................................... 5,089,981 5,157,944

Cruiser Retention ..................................................... [67,963 ]

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 1,315,366 1,329,237

Cruiser Retention ..................................................... [13,871 ]

130 COMBAT COMMUNICATIONS .................................... 619,909 619,909

140 ELECTRONIC WARFARE ............................................. 92,364 92,364

150 SPACE SYSTEMS AND SURVEILLANCE .................. 174,437 174,437

160 WARFARE TACTICS ...................................................... 441,035 441,035

170 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY ......................................................................... 333,554 333,554

180 COMBAT SUPPORT FORCES ...................................... 910,087 910,087

190 EQUIPMENT MAINTENANCE .................................... 167,158 167,158

200 DEPOT OPERATIONS SUPPORT ................................ 4,183 4,183

210 COMBATANT COMMANDERS CORE OPERATIONS 95,528 95,528

220 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 204,569 204,569

230 CRUISE MISSILE ........................................................... 111,884 111,884

240 FLEET BALLISTIC MISSILE ....................................... 1,181,038 1,181,038

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ......... 87,606 87,606

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126 STAT. 2276 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

260 WEAPONS MAINTENANCE ......................................... 519,583 519,583

270 OTHER WEAPON SYSTEMS SUPPORT ..................... 300,435 300,435

280 ENTERPRISE INFORMATION ..................................... 1,077,924 1,077,924

290 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 2,101,279 2,155,879

Restoration and Modernization of Facilities .......... [54,600 ]

300 BASE OPERATING SUPPORT ..................................... 4,822,093 4,822,093

SUBTOTAL OPERATING FORCES .................. 33,758,297 33,928,381

MOBILIZATION

310 SHIP PREPOSITIONING AND SURGE ...................... 334,659 334,659

320 AIRCRAFT ACTIVATIONS/INACTIVATIONS ............ 6,562 6,562

330 SHIP ACTIVATIONS/INACTIVATIONS ...................... 1,066,329 1,057,329

Cruiser Retention ..................................................... [–9,000 ]

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 83,901 83,901

350 INDUSTRIAL READINESS ........................................... 2,695 2,695

360 COAST GUARD SUPPORT ........................................... 23,502 23,502

SUBTOTAL MOBILIZATION ............................. 1,517,648 1,508,648

TRAINING AND RECRUITING

370 OFFICER ACQUISITION .............................................. 147,807 147,807

380 RECRUIT TRAINING .................................................... 10,473 10,473

390 RESERVE OFFICERS TRAINING CORPS .................. 139,220 139,220

400 SPECIALIZED SKILL TRAINING ................................ 582,177 582,177

410 FLIGHT TRAINING ....................................................... 5,456 5,456

420 PROFESSIONAL DEVELOPMENT EDUCATION ..... 170,746 170,746

430 TRAINING SUPPORT .................................................... 153,403 153,403

440 RECRUITING AND ADVERTISING ............................ 241,329 242,267

Naval Sea Cadet Corps ............................................ [938 ]

450 OFF-DUTY AND VOLUNTARY EDUCATION ............ 108,226 108,226

460 CIVILIAN EDUCATION AND TRAINING .................. 105,776 105,776

470 JUNIOR ROTC ................................................................ 51,817 51,817

SUBTOTAL TRAINING AND RECRUITING .. 1,716,430 1,717,368

ADMIN & SRVWD ACTIVITIES

480 ADMINISTRATION ........................................................ 797,177 797,177

490 EXTERNAL RELATIONS .............................................. 12,872 12,872

500 CIVILIAN MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 120,181 120,181

510 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 235,753 235,753

520 OTHER PERSONNEL SUPPORT ................................. 263,060 263,060

530 SERVICEWIDE COMMUNICATIONS ......................... 363,213 363,213

550 SERVICEWIDE TRANSPORTATION ........................... 182,343 182,343

570 PLANNING, ENGINEERING AND DESIGN .............. 282,464 282,464

580 ACQUISITION AND PROGRAM MANAGEMENT ..... 1,092,123 1,092,123

590 HULL, MECHANICAL AND ELECTRICAL SUP-

PORT ............................................................................ 53,560 53,560

600 COMBAT/WEAPONS SYSTEMS ................................... 25,299 25,299

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ... 64,418 64,418

620 NAVAL INVESTIGATIVE SERVICE ............................ 580,042 580,042

680 INTERNATIONAL HEADQUARTERS AND AGEN-

CIES ............................................................................. 4,984 4,984

710 CLASSIFIED PROGRAMS ............................................. 537,079 537,079

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,614,568 4,614,568

UNDISTRIBUTED ADJUSTMENTS

720 UNDISTRIBUTED ADJUSTMENTS ............................ –23,000

Historical unobligated balances .............................. [–23,000 ]

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126 STAT. 2277 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. –23,000

TOTAL OPERATION & MAINTENANCE,

NAVY ................................................................. 41,606,943 41,745,965

OPERATION & MAINTENANCE, MARINE

CORPS

OPERATING FORCES

010 OPERATIONAL FORCES .............................................. 788,055 788,055

020 FIELD LOGISTICS ......................................................... 762,614 762,614

030 DEPOT MAINTENANCE ............................................... 168,447 168,447

040 MARITIME PREPOSITIONING .................................... 100,374 100,374

050 SUSTAINMENT, RESTORATION & MODERNIZA-

TION ............................................................................. 825,039 847,839

Restoration and Modernization of Facilities .......... [22,800 ]

060 BASE OPERATING SUPPORT ..................................... 2,188,883 2,188,883

SUBTOTAL OPERATING FORCES .................. 4,833,412 4,856,212

TRAINING AND RECRUITING

070 RECRUIT TRAINING .................................................... 18,251 18,251

080 OFFICER ACQUISITION .............................................. 869 869

090 SPECIALIZED SKILL TRAINING ................................ 80,914 80,914

100 PROFESSIONAL DEVELOPMENT EDUCATION ..... 42,744 42,744

110 TRAINING SUPPORT .................................................... 292,150 292,150

120 RECRUITING AND ADVERTISING ............................ 168,609 168,609

130 OFF-DUTY AND VOLUNTARY EDUCATION ............ 56,865 56,865

140 JUNIOR ROTC ................................................................ 19,912 19,912

SUBTOTAL TRAINING AND RECRUITING .. 680,314 680,314

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION ........................... 39,962 39,962

170 ACQUISITION AND PROGRAM MANAGEMENT ..... 83,404 83,404

190 CLASSIFIED PROGRAMS ............................................. 346,071 346,071

SUBTOTAL ADMIN & SRVWD ACTIVITIES 469,437 469,437

TOTAL OPERATION & MAINTENANCE,

MARINE CORPS ............................................ 5,983,163 6,005,963

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 2,973,141 2,973,141

020 COMBAT ENHANCEMENT FORCES ......................... 1,611,032 1,744,032

Global Hawk Block 30 ............................................. [133,000 ]

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ........................................................................ 1,472,806 1,472,806

040 DEPOT MAINTENANCE ............................................... 5,545,470 5,545,470

050 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 1,353,987 1,489,386

Restoration and Modernization of Facilities .......... [135,399 ]

060 BASE SUPPORT ............................................................. 2,595,032 2,595,032

070 GLOBAL C3I AND EARLY WARNING ........................ 957,040 957,040

080 OTHER COMBAT OPS SPT PROGRAMS ................... 916,200 916,200

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVI-

TIES .............................................................................. 733,716 733,716

110 LAUNCH FACILITIES ................................................... 314,490 314,490

120 SPACE CONTROL SYSTEMS ....................................... 488,762 488,762

130 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 862,979 850,979

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126 STAT. 2278 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

Joint Forces Command restructuring .................... [–12,000 ]

140 COMBATANT COMMANDERS CORE OPERATIONS 222,429 222,429

SUBTOTAL OPERATING FORCES .................. 20,047,084 20,303,483

MOBILIZATION

150 AIRLIFT OPERATIONS ................................................. 1,785,379 1,785,379

160 MOBILIZATION PREPAREDNESS .............................. 154,049 154,049

170 DEPOT MAINTENANCE ............................................... 1,477,396 1,477,396

180 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 309,699 309,699

190 BASE SUPPORT ............................................................. 707,574 707,574

SUBTOTAL MOBILIZATION ............................. 4,434,097 4,434,097

TRAINING AND RECRUITING

200 OFFICER ACQUISITION .............................................. 115,427 115,427

210 RECRUIT TRAINING .................................................... 17,619 17,619

220 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 92,949 92,949

230 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 336,433 336,433

240 BASE SUPPORT ............................................................. 842,441 842,441

250 SPECIALIZED SKILL TRAINING ................................ 482,634 482,634

260 FLIGHT TRAINING ....................................................... 750,609 750,609

270 PROFESSIONAL DEVELOPMENT EDUCATION ..... 235,114 235,114

280 TRAINING SUPPORT .................................................... 101,231 101,231

290 DEPOT MAINTENANCE ............................................... 233,330 233,330

310 RECRUITING AND ADVERTISING ............................ 130,217 130,217

320 EXAMINING ................................................................... 2,738 2,738

330 OFF-DUTY AND VOLUNTARY EDUCATION ............ 155,170 155,170

340 CIVILIAN EDUCATION AND TRAINING .................. 175,147 175,147

350 JUNIOR ROTC ................................................................ 74,809 74,809

SUBTOTAL TRAINING AND RECRUITING .. 3,745,868 3,745,868

ADMIN & SRVWD ACTIVITIES

360 LOGISTICS OPERATIONS ............................................ 1,029,734 1,029,734

370 TECHNICAL SUPPORT ACTIVITIES ......................... 913,843 913,843

390 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 303,610 303,610

400 BASE SUPPORT ............................................................. 1,266,800 1,266,800

410 ADMINISTRATION ........................................................ 587,654 587,654

420 SERVICEWIDE COMMUNICATIONS ......................... 667,910 667,910

430 OTHER SERVICEWIDE ACTIVITIES ......................... 1,094,509 1,094,509

440 CIVIL AIR PATROL ....................................................... 23,904 23,904

470 INTERNATIONAL SUPPORT ....................................... 81,307 81,307

480 CLASSIFIED PROGRAMS ............................................. 1,239,040 1,239,040

SUBTOTAL ADMIN & SRVWD ACTIVITIES 7,208,311 7,208,311

UNDISTRIBUTED ADJUSTMENTS

490 UNDISTRIBUTED ADJUSTMENTS ............................ –32,000

Historical unobligated balances .............................. [–32,000 ]

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. –32,000

TOTAL OPERATION & MAINTENANCE,

AIR FORCE ..................................................... 35,435,360 35,659,759

OPERATION & MAINTENANCE, DEFENSE-

WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ........................................... 485,708 485,708

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126 STAT. 2279 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

020 SPECIAL OPERATIONS COMMAND .......................... 5,091,001

Transfer from line 025 ............................................. [5,091,001 ]

025 CLASSIFIED PROGRAMS ............................................. 5,091,001 0

Transfer to Line 020 ................................................ [–5,091,001 ]

SUBTOTAL OPERATING FORCES .................. 5,576,709 5,576,709

TRAINING AND RECRUITING

030 DEFENSE ACQUISITION UNIVERSITY .................... 147,210 147,210

040 NATIONAL DEFENSE UNIVERSITY .......................... 84,999 84,999

SUBTOTAL TRAINING AND RECRUITING .. 232,209 232,209

ADMIN & SRVWD ACTIVITIES

050 CIVIL MILITARY PROGRAMS ..................................... 161,294 161,294

080 DEFENSE CONTRACT AUDIT AGENCY ................... 573,973 573,973

090 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,293,196 1,293,196

100 DEFENSE FINANCE AND ACCOUNTING SERVICE 17,513 17,513

110 DEFENSE HUMAN RESOURCES ACTIVITY ............ 676,186 676,186

120 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,346,847 1,346,847

140 DEFENSE LEGAL SERVICES AGENCY .................... 35,137 35,137

150 DEFENSE LOGISTICS AGENCY ................................. 431,893 431,893

160 DEFENSE MEDIA ACTIVITY ....................................... 224,013 224,013

170 DEFENSE POW/MIA OFFICE ...................................... 21,964 21,964

180 DEFENSE SECURITY COOPERATION AGENCY ..... 557,917 557,917

190 DEFENSE SECURITY SERVICE ................................. 506,662

Transfer from Line 280 ........................................... [506,662 ]

200 DEFENSE TECHNOLOGY SECURITY ADMINIS-

TRATION ..................................................................... 35,319 35,319

210 DEFENSE THREAT REDUCTION AGENCY ............. 443,382

Transfer from Line 280 ........................................... [443,382 ]

220 DEPARTMENT OF DEFENSE EDUCATION ACTIV-

ITY ................................................................................ 2,744,971 2,744,971

230 MISSILE DEFENSE AGENCY ...................................... 259,975 259,975

250 OFFICE OF ECONOMIC ADJUSTMENT ................... 253,437 253,437

260 OFFICE OF THE SECRETARY OF DEFENSE .......... 2,095,362 2,105,362

Office of Net Assessment ......................................... [10,000 ]

270 WASHINGTON HEADQUARTERS SERVICE ............ 521,297 521,297

280 CLASSIFIED PROGRAMS ............................................. 14,933,801 14,033,757

Additional ISR Support to Operation Observant

Compass ................................................................ [50,000 ]

Transfer to Line 190 ................................................ [–506,662 ]

Transfer to Line 210 ................................................ [–443,382 ]

SUBTOTAL ADMIN & SRVWD ACTIVITIES 26,184,095 26,244,095

UNDISTRIBUTED ADJUSTMENTS

290 UNDISTRIBUTED ADJUSTMENTS ............................ 35,000

DOD Impact Aid ....................................................... [30,000 ]

Impact aid for children with severe disabilities .... [5,000 ]

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. 35,000

TOTAL OPERATION & MAINTENANCE,

DEFENSE-WIDE ............................................ 31,993,013 32,088,013

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 1,391 1,391

020 MODULAR SUPPORT BRIGADES ............................... 20,889 20,889

030 ECHELONS ABOVE BRIGADE .................................... 592,724 592,724

040 THEATER LEVEL ASSETS .......................................... 114,983 114,983

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126 STAT. 2280 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

050 LAND FORCES OPERATIONS SUPPORT .................. 633,091 633,091

060 AVIATION ASSETS ........................................................ 76,823 76,823

070 FORCE READINESS OPERATIONS SUPPORT ......... 481,997 481,997

080 LAND FORCES SYSTEMS READINESS ..................... 70,118 70,118

090 LAND FORCES DEPOT MAINTENANCE .................. 141,205 141,205

100 BASE OPERATIONS SUPPORT ................................... 561,878 561,878

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 287,399 308,099

Restoration and Modernization of Facilities .......... [20,700 ]

120 MANAGEMENT AND OPERATIONAL HQ’S ............. 52,431 52,431

SUBTOTAL OPERATING FORCES .................. 3,034,929 3,055,629

ADMIN & SRVWD ACTIVITIES

140 SERVICEWIDE TRANSPORTATION ........................... 12,995 12,995

150 ADMINISTRATION ........................................................ 32,432 32,432

160 SERVICEWIDE COMMUNICATIONS ......................... 4,895 4,895

170 MANPOWER MANAGEMENT ...................................... 16,074 11,574

Unjustified growth for civilian personnel .............. [–4,500 ]

180 RECRUITING AND ADVERTISING ............................ 60,683 60,683

SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,079 122,579

TOTAL OPERATION & MAINTENANCE,

ARMY RES ....................................................... 3,162,008 3,178,208

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 616,776 616,776

020 INTERMEDIATE MAINTENANCE .............................. 15,076 15,076

030 AIR OPERATIONS AND SAFETY SUPPORT ............. 1,479 1,479

040 AIRCRAFT DEPOT MAINTENANCE .......................... 107,251 107,251

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 355 355

060 MISSION AND OTHER SHIP OPERATIONS ............. 82,186 82,186

070 SHIP OPERATIONS SUPPORT & TRAINING ........... 589 589

080 SHIP DEPOT MAINTENANCE .................................... 48,593 48,593

090 COMBAT COMMUNICATIONS .................................... 15,274 15,274

100 COMBAT SUPPORT FORCES ...................................... 124,917 124,917

110 WEAPONS MAINTENANCE ......................................... 1,978 1,978

120 ENTERPRISE INFORMATION ..................................... 43,699 43,699

130 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 60,646 60,646

140 BASE OPERATING SUPPORT ..................................... 105,227 105,227

SUBTOTAL OPERATING FORCES .................. 1,224,046 1,224,046

ADMIN & SRVWD ACTIVITIES

150 ADMINISTRATION ........................................................ 3,117 3,117

160 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 14,337 14,337

170 SERVICEWIDE COMMUNICATIONS ......................... 2,392 2,392

180 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,090 3,090

SUBTOTAL ADMIN & SRVWD ACTIVITIES 22,936 22,936

TOTAL OPERATION & MAINTENANCE,

NAVY RES ....................................................... 1,246,982 1,246,982

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES ................................................... 89,690 89,690

020 DEPOT MAINTENANCE ............................................... 16,735 16,735

030 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 37,913 37,913

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126 STAT. 2281 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

040 BASE OPERATING SUPPORT ..................................... 103,746 103,746

SUBTOTAL OPERATING FORCES .................. 248,084 248,084

ADMIN & SRVWD ACTIVITIES

050 SERVICEWIDE TRANSPORTATION ........................... 873 873

060 ADMINISTRATION ........................................................ 14,330 14,330

070 RECRUITING AND ADVERTISING ............................ 8,998 8,998

SUBTOTAL ADMIN & SRVWD ACTIVITIES 24,201 24,201

TOTAL OPERATION & MAINTENANCE,

MC RESERVE ................................................. 272,285 272,285

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 2,089,326 2,089,326

020 MISSION SUPPORT OPERATIONS ............................ 112,992 112,992

030 DEPOT MAINTENANCE ............................................... 406,101 406,101

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 71,564 78,264

Restoration and Modernization of Facilities .......... [6,700 ]

050 BASE SUPPORT ............................................................. 364,862 364,862

SUBTOTAL OPERATING FORCES .................. 3,044,845 3,051,545

ADMIN & SRVWD ACTIVITIES

060 ADMINISTRATION ........................................................ 78,824 78,824

070 RECRUITING AND ADVERTISING ............................ 16,020 16,020

080 MILITARY MANPOWER AND PERS MGMT (ARPC) 19,496 19,496

090 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,489 6,489

100 AUDIOVISUAL ............................................................... 808 808

SUBTOTAL ADMIN & SRVWD ACTIVITIES 121,637 121,637

UNDISTRIBUTED ADJUSTMENTS

110 UNDISTRIBUTED ADJUSTMENTS ............................ 33,900

Retain Air Force Reserve Force Structure ............. [33,900 ]

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. 33,900

TOTAL OPERATION & MAINTENANCE,

AF RESERVE .................................................. 3,166,482 3,207,082

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 680,206 680,206

020 MODULAR SUPPORT BRIGADES ............................... 186,408 186,408

030 ECHELONS ABOVE BRIGADE .................................... 865,628 865,628

040 THEATER LEVEL ASSETS .......................................... 112,651 112,651

050 LAND FORCES OPERATIONS SUPPORT .................. 36,091 36,091

060 AVIATION ASSETS ........................................................ 907,011 907,011

070 FORCE READINESS OPERATIONS SUPPORT ......... 751,606 751,606

080 LAND FORCES SYSTEMS READINESS ..................... 60,043 60,043

090 LAND FORCES DEPOT MAINTENANCE .................. 411,940 411,940

100 BASE OPERATIONS SUPPORT ................................... 995,423 995,423

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 688,189 737,589

Restoration and Modernization of Facilities .......... [49,400 ]

120 MANAGEMENT AND OPERATIONAL HQ’S ............. 953,716 953,716

SUBTOTAL OPERATING FORCES .................. 6,648,912 6,698,312

ADMIN & SRVWD ACTIVITIES

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126 STAT. 2282 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

130 SERVICEWIDE TRANSPORTATION ........................... 11,806 11,806

140 REAL ESTATE MANAGEMENT .................................. 1,656 1,656

150 ADMINISTRATION ........................................................ 89,358 89,358

160 SERVICEWIDE COMMUNICATIONS ......................... 39,513 39,513

170 MANPOWER MANAGEMENT ...................................... 7,224 7,224

180 RECRUITING AND ADVERTISING ............................ 310,143 310,143

SUBTOTAL ADMIN & SRVWD ACTIVITIES 459,700 459,700

TOTAL OPERATION & MAINTENANCE,

ARNG ................................................................ 7,108,612 7,158,012

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

010 AIRCRAFT OPERATIONS ............................................. 3,559,824 3,559,824

020 MISSION SUPPORT OPERATIONS ............................ 721,225 721,225

030 DEPOT MAINTENANCE ............................................... 774,875 774,875

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 270,709 295,409

Restoration and Modernization of Facilities .......... [24,700 ]

050 BASE SUPPORT ............................................................. 624,443 624,443

SUBTOTAL OPERATING FORCES .................. 5,951,076 5,975,776

ADMIN & SRVWD ACTIVITIES

060 ADMINISTRATION ........................................................ 32,358 32,358

070 RECRUITING AND ADVERTISING ............................ 32,021 32,021

SUBTOTAL ADMIN & SRVWD ACTIVITIES 64,379 64,379

UNDISTRIBUTED ADJUSTMENTS

080 UNDISTRIBUTED ADJUSTMENTS ............................ 145,400

Retain Air National Guard Force Structure .......... [145,400 ]

SUBTOTAL UNDISTRIBUTED ADJUST-

MENTS ................................................................. 145,400

TOTAL OPERATION & MAINTENANCE,

ANG ................................................................... 6,015,455 6,185,555

MISCELLANEOUS APPROPRIATIONS

020 OVERSEAS HUMANITARIAN, DISASTER AND

CIVIC AID .................................................................... 108,759 108,759

030 COOPERATIVE THREAT REDUCTION ..................... 519,111 519,111

040 ACQ WORKFORCE DEV FD ......................................... 274,198 274,198

050 ENVIRONMENTAL RESTORATION, ARMY .............. 335,921 335,921

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 1,237,989 1,237,989

MISCELLANEOUS APPROPRIATIONS

060 ENVIRONMENTAL RESTORATION, NAVY .............. 310,594 310,594

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 310,594 310,594

MISCELLANEOUS APPROPRIATIONS

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 529,263 529,263

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 529,263 529,263

MISCELLANEOUS APPROPRIATIONS

010 US COURT OF APPEALS FOR THE ARMED

FORCES, DEFENSE ................................................... 13,516 13,516

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126 STAT. 2283 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 11,133 11,133

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 24,649 24,649

MISCELLANEOUS APPROPRIATIONS

090 ENVIRONMENTAL RESTORATION FORMERLY

USED SITES ................................................................ 237,543 237,543

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 237,543 237,543

TOTAL MISCELLANEOUS APPROPRIA-

TIONS ............................................................... 2,340,038 2,340,038

TOTAL OPERATION & MAINTENANCE .... 174,938,933 175,569,407

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-

GENCY OPERATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

040 THEATER LEVEL ASSETS .................................................. 2,758,162 2,758,162

050 LAND FORCES OPERATIONS SUPPORT ......................... 991,396 991,396

060 AVIATION ASSETS ............................................................... 40,300 40,300

070 FORCE READINESS OPERATIONS SUPPORT ................ 1,755,445 1,755,445

080 LAND FORCES SYSTEMS READINESS ............................ 307,244 307,244

100 BASE OPERATIONS SUPPORT .......................................... 393,165 393,165

110 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION ...................................................................... 250,000 250,000

140 ADDITIONAL ACTIVITIES .................................................. 12,524,137 12,514,137

Task Force for Stability Operations: Operations/

Sustainment Request .................................................. [–10,000 ]

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 400,000 200,000

Historical underexecution ............................................... [–200,000 ]

160 RESET ..................................................................................... 3,687,973 3,687,973

SUBTOTAL OPERATING FORCES ......................... 23,107,822 22,897,822

ADMIN & SRVWIDE ACTIVITIES

350 SERVICEWIDE TRANSPORTATION .................................. 3,238,310 3,238,310

360 CENTRAL SUPPLY ACTIVITIES ........................................ 129,000 129,000

380 AMMUNITION MANAGEMENT ......................................... 78,022 78,022

420 OTHER PERSONNEL SUPPORT ........................................ 137,277 97,277

Transfer to OPA OCO Line 061 at SOUTHCOM re-

quest ............................................................................. [–40,000 ]

430 OTHER SERVICE SUPPORT ............................................... 72,293 72,293

490 CLASSIFIED PROGRAMS .................................................... 1,828,717 1,828,717

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 5,483,619 5,443,619

TOTAL OPERATION & MAINTENANCE,

ARMY ....................................................................... 28,591,441 28,341,441

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 937,098 937,098

030 AVIATION TECHNICAL DATA & ENGINEERING

SERVICES ........................................................................... 1,000 1,000

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126 STAT. 2284 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

040 AIR OPERATIONS AND SAFETY SUPPORT .................... 15,794 15,794

050 AIR SYSTEMS SUPPORT ..................................................... 19,013 19,013

060 AIRCRAFT DEPOT MAINTENANCE .................................. 201,912 201,912

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................... 3,000 3,000

080 AVIATION LOGISTICS ......................................................... 44,150 44,150

090 MISSION AND OTHER SHIP OPERATIONS .................... 463,738 463,738

100 SHIP OPERATIONS SUPPORT & TRAINING ................... 24,774 24,774

110 SHIP DEPOT MAINTENANCE ............................................ 1,310,010 1,310,010

130 COMBAT COMMUNICATIONS ........................................... 42,965 42,965

160 WARFARE TACTICS ............................................................. 25,970 25,970

170 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY ................................................................................. 19,226 19,226

180 COMBAT SUPPORT FORCES ............................................. 1,668,359 1,668,359

190 EQUIPMENT MAINTENANCE ........................................... 7,954 7,954

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ................. 94,655 94,655

260 WEAPONS MAINTENANCE ................................................ 303,087 303,087

290 SUSTAINMENT, RESTORATION AND MODERNIZA-

TION .................................................................................... 3,218 3,218

300 BASE OPERATING SUPPORT ............................................ 143,442 143,442

SUBTOTAL OPERATING FORCES ......................... 5,329,365 5,329,365

MOBILIZATION

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......... 31,395 31,395

360 COAST GUARD SUPPORT ................................................... 254,461 254,461

SUBTOTAL MOBILIZATION ..................................... 285,856 285,856

TRAINING AND RECRUITING

400 SPECIALIZED SKILL TRAINING ....................................... 50,903 50,903

SUBTOTAL TRAINING AND RECRUITING ......... 50,903 50,903

ADMIN & SRVWD ACTIVITIES

480 ADMINISTRATION ............................................................... 1,377 1,377

490 EXTERNAL RELATIONS ..................................................... 487 487

510 MILITARY MANPOWER AND PERSONNEL MANAGE-

MENT .................................................................................. 6,022 6,022

520 OTHER PERSONNEL SUPPORT ........................................ 3,514 3,514

550 SERVICEWIDE TRANSPORTATION .................................. 184,864 184,864

580 ACQUISITION AND PROGRAM MANAGEMENT ............ 2,026 2,026

620 NAVAL INVESTIGATIVE SERVICE ................................... 1,425 1,425

710 CLASSIFIED PROGRAMS .................................................... 14,556 14,556

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 214,271 214,271

TOTAL OPERATION & MAINTENANCE, NAVY 5,880,395 5,880,395

OPERATION & MAINTENANCE, MARINE CORPS

OPERATING FORCES

010 OPERATIONAL FORCES ..................................................... 1,921,258 1,921,258

020 FIELD LOGISTICS ................................................................ 1,094,028 1,094,028

030 DEPOT MAINTENANCE ...................................................... 222,824 222,824

060 BASE OPERATING SUPPORT ............................................ 88,690 88,690

SUBTOTAL OPERATING FORCES ......................... 3,326,800 3,326,800

TRAINING AND RECRUITING

110 TRAINING SUPPORT ........................................................... 215,212 215,212

SUBTOTAL TRAINING AND RECRUITING ......... 215,212 215,212

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION .................................. 512,627 512,627

190 CLASSIFIED PROGRAMS .................................................... 11,701 11,701

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126 STAT. 2285 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 524,328 524,328

TOTAL OPERATION & MAINTENANCE, MA-

RINE CORPS .......................................................... 4,066,340 4,066,340

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES .............................................. 1,494,144 1,494,144

020 COMBAT ENHANCEMENT FORCES ................................. 809,531 809,531

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ............................................................................... 13,095 13,095

040 DEPOT MAINTENANCE ...................................................... 1,403,238 1,403,238

050 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION ...................................................................... 155,954 155,954

060 BASE SUPPORT .................................................................... 342,226 342,226

070 GLOBAL C3I AND EARLY WARNING ............................... 15,108 15,108

080 OTHER COMBAT OPS SPT PROGRAMS ........................... 271,390 271,390

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 25,400 25,400

120 SPACE CONTROL SYSTEMS .............................................. 5,110 5,110

130 COMBATANT COMMANDERS DIRECT MISSION SUP-

PORT ................................................................................... 52,173 52,173

SUBTOTAL OPERATING FORCES ......................... 4,587,369 4,587,369

MOBILIZATION

150 AIRLIFT OPERATIONS ........................................................ 3,187,211 3,187,211

160 MOBILIZATION PREPAREDNESS ..................................... 43,509 43,509

170 DEPOT MAINTENANCE ...................................................... 554,943 554,943

180 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION ...................................................................... 4,431 4,431

190 BASE SUPPORT .................................................................... 9,256 9,256

SUBTOTAL MOBILIZATION ..................................... 3,799,350 3,799,350

TRAINING AND RECRUITING

230 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION ...................................................................... 424 424

240 BASE SUPPORT .................................................................... 1,036 1,036

250 SPECIALIZED SKILL TRAINING ....................................... 10,923 10,923

260 FLIGHT TRAINING .............................................................. 72 72

270 PROFESSIONAL DEVELOPMENT EDUCATION ............. 323 323

280 TRAINING SUPPORT ........................................................... 352 352

SUBTOTAL TRAINING AND RECRUITING ......... 13,130 13,130

ADMIN & SRVWD ACTIVITIES

360 LOGISTICS OPERATIONS ................................................... 100,429 100,429

390 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION ...................................................................... 47,200 47,200

400 BASE SUPPORT .................................................................... 7,242 7,242

410 ADMINISTRATION ............................................................... 1,552 1,552

420 SERVICEWIDE COMMUNICATIONS ................................ 82,094 82,094

430 OTHER SERVICEWIDE ACTIVITIES ................................ 582,977 582,977

480 CLASSIFIED PROGRAMS .................................................... 20,270 20,270

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 841,764 841,764

TOTAL OPERATION & MAINTENANCE, AIR

FORCE ..................................................................... 9,241,613 9,241,613

OPERATION & MAINTENANCE, DEFENSE-WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF .................................................. 2,000 2,000

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126 STAT. 2286 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

020 SPECIAL OPERATIONS COMMAND ................................. 2,503,060 2,503,060

SUBTOTAL OPERATING FORCES ......................... 2,505,060 2,505,060

ADMIN & SRVWD ACTIVITIES

080 DEFENSE CONTRACT AUDIT AGENCY .......................... 30,674 30,674

090 DEFENSE CONTRACT MANAGEMENT AGENCY .......... 69,803 69,803

110 DEFENSE HUMAN RESOURCES ACTIVITY ................... 3,334 3,334

120 DEFENSE INFORMATION SYSTEMS AGENCY .............. 152,925 152,925

140 DEFENSE LEGAL SERVICES AGENCY ............................ 102,322 102,322

160 DEFENSE MEDIA ACTIVITY .............................................. 10,823 10,823

180 DEFENSE SECURITY COOPERATION AGENCY ............ 2,200,000 2,100,000

Program Decrease—Coalition Support Funds .............. [–100,000 ]

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 139,830 139,830

260 OFFICE OF THE SECRETARY OF DEFENSE .................. 87,805 87,805

280 CLASSIFIED PROGRAMS .................................................... 2,522,003 2,522,003

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,319,519 5,219,519

TOTAL OPERATION & MAINTENANCE, DE-

FENSE-WIDE ......................................................... 7,824,579 7,724,579

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

030 ECHELONS ABOVE BRIGADE ........................................... 78,600 78,600

050 LAND FORCES OPERATIONS SUPPORT ......................... 20,811 20,811

070 FORCE READINESS OPERATIONS SUPPORT ................ 20,726 20,726

100 BASE OPERATIONS SUPPORT .......................................... 34,400 34,400

SUBTOTAL OPERATING FORCES ......................... 154,537 154,537

TOTAL OPERATION & MAINTENANCE,

ARMY RES .............................................................. 154,537 154,537

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 24,834 24,834

020 INTERMEDIATE MAINTENANCE ..................................... 300 300

040 AIRCRAFT DEPOT MAINTENANCE .................................. 13,364 13,364

060 MISSION AND OTHER SHIP OPERATIONS .................... 8,213 8,213

080 SHIP DEPOT MAINTENANCE ............................................ 929 929

100 COMBAT SUPPORT FORCES ............................................. 8,244 8,244

140 BASE OPERATING SUPPORT ............................................ 40 40

SUBTOTAL OPERATING FORCES ......................... 55,924 55,924

TOTAL OPERATION & MAINTENANCE, NAVY

RES ........................................................................... 55,924 55,924

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES .......................................................... 22,657 22,657

040 BASE OPERATING SUPPORT ............................................ 2,820 2,820

SUBTOTAL OPERATING FORCES ......................... 25,477 25,477

TOTAL OPERATION & MAINTENANCE, MC

RESERVE ................................................................ 25,477 25,477

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES .............................................. 7,600 7,600

030 DEPOT MAINTENANCE ...................................................... 106,768 106,768

050 BASE SUPPORT .................................................................... 6,250 6,250

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126 STAT. 2287 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

SUBTOTAL OPERATING FORCES ......................... 120,618 120,618

TOTAL OPERATION & MAINTENANCE, AF

RESERVE ................................................................ 120,618 120,618

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS .............................................................. 38,485 38,485

020 MODULAR SUPPORT BRIGADES ...................................... 1,959 1,959

030 ECHELONS ABOVE BRIGADE ........................................... 20,076 20,076

040 THEATER LEVEL ASSETS .................................................. 2,028 2,028

060 AVIATION ASSETS ............................................................... 183,811 183,811

070 FORCE READINESS OPERATIONS SUPPORT ................ 43,780 43,780

100 BASE OPERATIONS SUPPORT .......................................... 70,237 70,237

120 MANAGEMENT AND OPERATIONAL HQ’S ..................... 20,072 20,072

SUBTOTAL OPERATING FORCES ......................... 380,448 380,448

ADMIN & SRVWD ACTIVITIES

160 SERVICEWIDE COMMUNICATIONS ................................ 2,000 2,000

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 2,000 2,000

TOTAL OPERATION & MAINTENANCE,

ARNG ....................................................................... 382,448 382,448

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

020 MISSION SUPPORT OPERATIONS .................................... 19,975 19,975

SUBTOTAL OPERATING FORCES ......................... 19,975 19,975

TOTAL OPERATION & MAINTENANCE, ANG 19,975 19,975

AFGHANISTAN SECURITY FORCES FUND

MINISTRY OF DEFENSE

010 SUSTAINMENT ..................................................................... 2,523,825 2,523,825

020 INFRASTRUCTURE .............................................................. 190,000 190,000

030 EQUIPMENT AND TRANSPORTATION ............................ 241,521 241,521

040 TRAINING AND OPERATIONS .......................................... 758,380 758,380

SUBTOTAL MINISTRY OF DEFENSE .................... 3,713,726 3,713,726

MINISTRY OF INTERIOR

050 SUSTAINMENT ..................................................................... 1,305,950 1,305,950

060 INFRASTRUCTURE .............................................................. 50,000 50,000

070 EQUIPMENT AND TRANSPORTATION ............................ 84,859 84,859

080 TRAINING AND OPERATIONS .......................................... 569,868 569,868

SUBTOTAL MINISTRY OF INTERIOR ................... 2,010,677 2,010,677

RELATED ACTIVITIES

090 SUSTAINMENT ..................................................................... 18,325 18,325

100 INFRASTRUCTUE ................................................................ 1,200 1,200

110 EQUIPMENT & TRANSPORTATION ................................. 1,239 1,239

120 TRAINING AND OPERATIONS .......................................... 4,000 4,000

SUBTOTAL RELATED ACTIVITIES ....................... 24,764 24,764

TOTAL AFGHANISTAN SECURITY FORCES

FUND ....................................................................... 5,749,167 5,749,167

AFGHANISTAN INFRASTRUCTURE FUND

010 POWER ................................................................................... 400,000 350,000

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126 STAT. 2288 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2013

Request

Conference

Authorized

Program Decrease ........................................................... [–50,000 ]

SUBTOTAL AFGHANISTAN INFRASTRUCTURE

FUND ........................................................................... 400,000 350,000

TOTAL AFGHANISTAN INFRASTRUCTURE

FUND ....................................................................... 400,000 350,000

TOTAL OPERATION & MAINTENANCE ............ 62,512,514 62,112,514

TITLE XLIV—MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL

(In Thousands of Dollars)

Item

FY 2013

Request

Conference

Authorized

MILITARY PERSONNEL ............................................................. 135,111,799 135,777,368

USMC military personnel in lieu of LAV funding ...... [129,729 ]

Retain Global Hawk ...................................................... [22,000 ]

Restore accrual payments to the Medicare eligible

health care trust fund ................................................. [672,000 ]

Unobligated balances ..................................................... [–295,250 ]

Basic allowance for housing for members of the Na-

tional Guard (Section 603) .......................................... [6,000 ]

Retain 128 Air National Guard AGRs for two air sov-

ereignty alert locations ................................................ [8,300 ]

Retain Air National Guard Force Structure ................ [86,600 ]

Retain Air Force Reserve Force Structure ................... [17,100 ]

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Item

FY 2013

Request

Conference

Authorized

MILITARY PERSONNEL ............................................................. 14,060,094 14,055,094

Navy identified excess to requirement ......................... [–5,000 ]

TITLE XLV—OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2013

Request

Conference

Authorized

WORKING CAPITAL FUND, ARMY

PREPOSITIONED WAR RESERVE STOCKS ............................ 60,037 60,037

TOTAL WORKING CAPITAL FUND, ARMY ................ 60,037 60,037

WORKING CAPITAL FUND, AIR FORCE

CONTAINER DECONSOLIDATION

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126 STAT. 2289 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2013

Request

Conference

Authorized

SUPPLIES AND MATERIALS (MEDICAL/DENTAL) .............. 45,452 45,452

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 45,452 45,452

WORKING CAPITAL FUND, DEFENSE-WIDE

DEFENSE LOGISTICS AGENCY (DLA) .................................... 39,135 39,135

TOTAL WORKING CAPITAL FUND, DEFENSE-

WIDE ................................................................................... 39,135 39,135

WORKING CAPITAL FUND, DECA

WORKING CAPITAL FUND, DECA ........................................... 1,371,560 1,371,560

TOTAL WORKING CAPITAL FUND, DECA ................ 1,371,560 1,371,560

NATIONAL DEFENSE SEALIFT FUND

T-AKE

MPF MLP ....................................................................................... 38,000 38,000

POST DELIVERY AND OUTFITTING ....................................... 39,386 39,386

NATIONAL DEF SEALIFT VESSEL

LG MED SPD RO/RO MAINTENANCE ..................................... 128,819 128,819

DOD MOBILIZATION ALTERATIONS ...................................... 26,598 26,598

TAH MAINTENANCE .................................................................. 29,199 29,199

RESEARCH AND DEVELOPMENT ........................................... 42,811 42,811

READY RESERVE FORCE .......................................................... 303,323 303,323

TOTAL NATIONAL DEFENSE SEALIFT FUND ........ 608,136 608,136

DEFENSE HEALTH PROGRAM

IN-HOUSE CARE .......................................................................... 8,625,507 8,625,507

PRIVATE SECTOR CARE ............................................................ 16,148,263 15,788,263

Pilot program for treatment of Autism ........................ [40,000 ]

TRICARE historical underexecution ............................ [–400,000 ]

CONSOLIDATED HEALTH SUPPORT ...................................... 2,309,185 2,309,185

INFORMATION MANAGEMENT ............................................... 1,465,328 1,465,328

MANAGEMENT ACTIVITIES ..................................................... 332,121 332,121

EDUCATION AND TRAINING ................................................... 722,081 722,081

BASE OPERATIONS/COMMUNICATIONS ............................... 1,746,794 1,746,794

UNDISTRIBUTED, OPERATION & MAINTENANCE ............. 452,000

Restore estimated savings in TRICARE Prime and

Standard enrollment fees and deductables for

TRICARE Standard ..................................................... [273,000 ]

Restore pharmacy co-pay estimated savings ............... [179,000 ]

RDT&E ........................................................................................... 672,977 672,977

PROCUREMENT .......................................................................... 506,462 506,462

TOTAL DEFENSE HEALTH PROGRAM ...................... 32,528,718 32,620,718

CHEM AGENTS & MUNITIONS DESTRUCTION

OPERATION & MAINTENANCE ............................................... 635,843 635,843

RDT&E ........................................................................................... 647,351 647,351

PROCUREMENT .......................................................................... 18,592 18,592

TOTAL CHEM AGENTS & MUNITIONS DESTRUC-

TION ................................................................................... 1,301,786 1,301,786

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-

TIES, DEFENSE ........................................................................ 889,545 889,545

DRUG DEMAND REDUCTION PROGRAM .............................. 109,818 135,718

Authorization increase expanded drug testing ............ [25,900 ]

TOTAL DRUG INTERDICTION & CTR-DRUG AC-

TIVITIES, DEF ................................................................. 999,363 1,025,263

OFFICE OF THE INSPECTOR GENERAL

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126 STAT. 2290 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2013

Request

Conference

Authorized

OPERATION & MAINTENANCE ............................................... 272,821 331,921

DoD IG growth plan ...................................................... [59,100 ]

RDT&E

PROCUREMENT .......................................................................... 1,000 1,000

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 273,821 332,921

TOTAL OTHER AUTHORIZATIONS ............................. 37,228,008 37,405,008

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Program Title

FY 2013

Request

Conference

Authorized

WORKING CAPITAL FUND, ARMY

PREPOSITIONED WAR RESERVE STOCKS .................................... 42,600 42,600

TOTAL WORKING CAPITAL FUND, ARMY ........................ 42,600 42,600

WORKING CAPITAL FUND, AIR FORCE

C–17 CLS ENGINE REPAIR ............................................................... 230,400 230,400

TRANSPORTATION FALLEN HEROES ............................................ 10,000 10,000

TOTAL WORKING CAPITAL FUND, AIR FORCE ............. 240,400 240,400

WORKING CAPITAL FUND, DEFENSE-WIDE

DEFENSE LOGISTICS AGENCY (DLA) ............................................ 220,364 220,364

TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE .... 220,364 220,364

DEFENSE HEALTH PROGRAM

IN-HOUSE CARE .................................................................................. 483,326 483,326

PRIVATE SECTOR CARE .................................................................... 376,982 376,982

CONSOLIDATED HEALTH SUPPORT .............................................. 111,675 111,675

INFORMATION MANAGEMENT ....................................................... 4,773 4,773

MANAGEMENT ACTIVITIES ............................................................. 660 660

EDUCATION AND TRAINING ........................................................... 15,370 15,370

BASE OPERATIONS/COMMUNICATIONS ....................................... 1,112 1,112

TOTAL DEFENSE HEALTH PROGRAM .............................. 993,898 993,898

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE ........................................................................................... 469,025 469,025

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVI-

TIES, DEF .................................................................................. 469,025 469,025

OFFICE OF THE INSPECTOR GENERAL

OPERATION & MAINTENANCE ....................................................... 10,766 10,766

TOTAL OFFICE OF THE INSPECTOR GENERAL ............ 10,766 10,766

TOTAL OTHER AUTHORIZATIONS ..................................... 1,977,053 1,977,053

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126 STAT. 2291 PUBLIC LAW 112–239—JAN. 2, 2013

TITLE XLVI—MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Alaska

Army Fort Wainwright Modified Record Fire Range ..................... 10,400 10,400

Army Joint Base Elmen-

dorf-Richardson

Modified Record Fire Range ..................... 7,900 7,900

California

Army Concord Engineering/Housing Maintenance Shop 3,100 3,100

Army Concord Lightning Protection System ................... 5,800 5,800

Colorado

Army Fort Carson Central Energy Plant ............................... 0 0

Army Fort Carson Digital Multipurpose Training Range ..... 18,000 18,000

District of Columbia

Army Fort Mcnair Vehicle Storage Building, Installation .... 7,200 7,200

Georgia

Army Fort Benning Ground Source Heat Transfer System .... 16,000 16,000

Army Fort Gordon Ground Source Heat Transfer System .... 12,200 12,200

Army Fort Gordon Modified Record Fire Range ..................... 4,000 4,000

Army Fort Gordon Multipurpose Machine Gun Range .......... 7,100 7,100

Army Fort Stewart Automated Combat Pistol Qual Crse ...... 3,650 3,650

Army Fort Stewart Digital Multipurpose Training Range ..... 22,000 22,000

Army Fort Stewart Unmanned Aerial Vehicle Complex ........ 24,000 24,000

Hawaii

Army Pohakuloa Train-

ing Area

Automated Infantry Platoon Battle

Course.

29,000 29,000

Army Schofield Bar-

racks

Barracks .................................................... 55,000 55,000

Army Schofield Bar-

racks

Barracks .................................................... 41,000 41,000

Army Wheeler Army Air

Field

Combat Aviation Brigade Barracks ......... 85,000 85,000

Italy

Army Camp Ederle Barracks .................................................... 36,000 36,000

Army Vicenza Simulations Center ................................... 32,000 32,000

Japan

Army Okinawa Satellite Communications Facility .......... 78,000 78,000

Army Sagami Vehicle Maintenance Shop ....................... 18,000 18,000

Kansas

Army Fort Riley Unmanned Aerial Vehicle Complex ........ 12,200 12,200

Kentucky

Army Fort Campbell Battalion Headquarters Complex ............ 55,000 55,000

Army Fort Campbell Live Fire Exercise Shoothouse ................. 3,800 3,800

Army Fort Campbell Unmanned Aerial Vehicle Complex ........ 23,000 23,000

Army Fort Knox Automated Infantry Squad Battle

Course.

6,000 6,000

Korea

Army Camp Humphreys Battalion Headquarters Complex ............ 45,000 45,000

Kwajalein Atoll

Army Kwajalein Atoll Pier ............................................................. 0 0

Missouri

Army Fort Leonard

Wood

Battalion Complex Facilities .................... 26,000 26,000

Army Fort Leonard

Wood

Trainee Barracks Complex 3, Ph 2 ......... 58,000 58,000

Army Fort Leonard

Wood

Vehicle Maintenance Shop ....................... 39,000 39,000

New Jersey

Army Joint Base

Mcguire-Dix-

Lakehurst

Flight Equipment Complex ...................... 47,000 47,000

Army Picatinny Arsenal Ballistic Evaluation Center ...................... 10,200 10,200

New York

Army Fort Drum, New

York

Aircraft Maintenance Hangar .................. 95,000 95,000

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126 STAT. 2292 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Army U.S. Military

Academy

Cadet Barracks, Inc 1 ............................... 192,000 86,000

North Carolina

Army Fort Bragg Aerial Gunnery Range .............................. 42,000 42,000

Army Fort Bragg Infrastructure ............................................ 30,000 0

Army Fort Bragg Unmanned Aerial Vehicle Complex ........ 26,000 26,000

Oklahoma

Army Fort Sill Modified Record Fire Range ..................... 4,900 4,900

South Carolina

Army Fort Jackson Trainee Barracks Complex 2, Ph 2 ......... 24,000 24,000

Texas

Army Corpus Christi Aircraft Component Maintenance Shop .. 13,200 13,200

Army Corpus Christi Aircraft Paint Shop ................................... 24,000 24,000

Army Fort Bliss Multipurpose Machine Gun Range .......... 7,200 7,200

Army Fort Hood Modified Record Fire Range ..................... 4,200 4,200

Army Fort Hood Training Aids Center ................................ 25,000 25,000

Army Fort Hood Unmanned Aerial Vehicle Complex ........ 22,000 22,000

Army Joint Base San

Antonio

Barracks .................................................... 21,000 21,000

Virginia

Army Arlington Cemetery Expansion Millennium Site .... 84,000 0

Army Fort Belvoir Secure Admin/Operations Facility ........... 94,000 94,000

Army Fort Lee Adv Individual Training Barracks Cplx,

Ph2.

81,000 81,000

Washington

Army Joint Base Lewis-

Mcchord

Battalion Complex .................................... 73,000 73,000

Army Joint Base Lewis-

Mcchord

Waste Water Treatment Plant ................ 91,000 91,000

Army Yakima Convoy Live Fire Range ........................... 5,100 5,100

Worldwide Unspec-

ified

Army Unspecified

Worldwide Lo-

cations

Host Nation Support Fy 13 ...................... 34,000 34,000

Army Unspecified

Worldwide Lo-

cations

Minor Construction Fy 13 ........................ 25,000 25,000

Army Unspecified

Worldwide Lo-

cations

Planning and Design Fy13 ....................... 65,173 46,173

Total Military Construction, Army .............................................................. 1,923,323 1,684,323

Arizona

Navy Yuma Combat Aircraft Loading Apron .............. 15,985 15,985

Navy Yuma Security Operations Complex .................. 13,300 13,300

Bahrain Island

Navy Sw Asia Combined Dining Facility ........................ 9,819 9,819

Navy Sw Asia Transient Quarters ................................... 41,529 41,529

California

Navy Camp Pendleton Comm. Information Systems Ops Com-

plex.

78,897 78,897

Navy Camp Pendleton Mv22 Aviation Simulator Building ......... 4,139 4,139

Navy Camp Pendleton San Jacinto Road Extension .................... 5,074 5,074

Navy Coronado Bachelor Quarters ..................................... 76,063 76,063

Navy Coronado H–60s Simulator Training Facility ......... 2,478 2,478

Navy Lemoore Bams Maintenance Training Facility ...... 14,843 0

Navy Miramar Hangar 5 Renovations & Addition .......... 27,897 27,897

Navy Point Mugu Bams Maintenance Training Facility ...... 0 12,790

Navy San Diego Entry Control Point (Gate Five) .............. 11,752 11,752

Navy San Diego Lcs Training Facility ................................ 59,436 59,436

Navy Seal Beach Strategic Systems Weapons Eval. Test

Lab.

30,594 30,594

Navy Twentynine

Palms

Land Expansion Phase 2 .......................... 47,270 47,270

Diego Garcia

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126 STAT. 2293 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Navy Diego Garcia Communications Infrastructure .............. 1,691 1,691

Djibouti

Navy Camp Lemonnier Containerized Living and Work Units .... 7,510 0

Navy Camp Lemonnier Fitness Center ........................................... 26,960 0

Navy Camp Lemonnier Galley Addition and Warehouse .............. 22,220 0

Navy Camp Lemonnier Joint HQ/Joint Operations Center Facil-

ity.

42,730 0

Florida

Navy Jacksonville Bams Mission Control Complex ............... 21,980 21,980

Greece

Navy Souda Bay Aircraft Parking Apron Expansion .......... 20,493 20,493

Navy Souda Bay Intermodal Access Road ........................... 4,630 4,630

Guam

Navy Joint Region Mar-

ianas

North Ramp Parking (Andersen AFB)—

Inc 2.

25,904 25,904

Hawaii

Navy Kaneohe Bay Aircraft Staging Area ............................... 14,680 14,680

Navy Kaneohe Bay Mv–22 Hangar and Infrastructure .......... 82,630 82,630

Japan

Navy Iwakuni Maintenance Hangar Improvements ....... 5,722 5,722

Navy Iwakuni Vertical Take-Off and Landing Pad

North.

7,416 7,416

Navy Okinawa Bachelor Quarters ..................................... 8,206 8,206

Mississippi

Navy Meridian Dining Facility .......................................... 10,926 10,926

New Jersey

Navy Earle Combat System Engineering Building

Addition.

33,498 32,670

North Carolina

Navy Camp Lejeune Base Access and Road—Phase 3 ............. 40,904 40,904

Navy Camp Lejeune Staff Nco Academy Facilities ................... 28,986 28,986

Navy Cherry Point Ma-

rine Corps Air

Station

Armory ....................................................... 11,581 11,581

Navy Cherry Point Ma-

rine Corps Air

Station

Marine Air Support Squadron Com-

pound.

34,310 34,310

Navy New River Personnel Administration Center ............ 8,525 8,525

Romania

Navy Deveselu, Roma-

nia

Aegis Ashore Missile Defense Complex .. 45,205 45,205

South Carolina

Navy Beaufort Aircraft Maintenance Hangar .................. 42,010 42,010

Navy Beaufort Airfield Security Upgrades ....................... 13,675 13,675

Navy Beaufort Ground Support Equipment Shop ........... 9,465 9,465

Navy Beaufort Recycling/Hazardous Waste Facility ....... 3,743 3,743

Navy Beaufort Simulated Lhd Flight Deck ...................... 12,887 12,887

Navy Parris Island Front Gate Atfp Improvements ............... 10,135 10,135

Spain

Navy Rota General Purpose Warehouse .................... 3,378 3,378

Navy Rota High Explosive Magazine ......................... 13,837 13,837

Virginia

Navy Dahlgren Cruiser/Destroyer Upgrade Training Fa-

cility.

16,494 16,494

Navy Dahlgren Physical Fitness Center ............................ 11,734 11,734

Navy Oceana Naval Air

Station

A School Barracks ..................................... 39,086 39,086

Navy Portsmouth Drydock 8 Electrical Distribution Up-

grade.

32,706 32,706

Navy Quantico Infrastruture—Widen Russell Road ........ 14,826 14,826

Navy Quantico The Basic School Student Quarters—

Phase 7.

31,012 31,012

Navy Quantico Weapons Training Battalion Mess Hall .. 12,876 12,876

Navy Yorktown Armory ....................................................... 4,259 4,259

Navy Yorktown Bachelor Enlisted Quarters ..................... 18,422 18,422

Navy Yorktown Motor Transportation Facility ................. 6,188 6,188

Navy Yorktown Regimental Headquarters ........................ 11,015 11,015

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126 STAT. 2294 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Navy Yorktown Supply Warehouse Facility ...................... 8,939 8,939

Washington

Navy Kitsap Explosives Handling Wharf #2 (Inc) ....... 280,041 254,241

Navy Whidbey Island Ea–18g Flight Simulator Facility ............ 6,272 6,272

Worldwide Unspec-

ified

Navy Unspecified

Worldwide Lo-

cations

Mcon Design Funds .................................. 102,619 102,619

Navy Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 16,535 16,535

Navy Various World-

wide Locations

Bams Operational Facilities .................... 34,048 34,048

Total Military Construction, Navy .............................................................. 1,701,985 1,573,884

Arkansas

AF Little Rock AFB C–130J Flight Simulator Addition .......... 4,178 4,178

AF Little Rock AFB C–130J Fuel Systems Maintenance

Hangar.

26,000 26,000

Florida

AF Tyndall AFB F–22 Adal Hangar for Low Observable/

Composite.

14,750 14,750

Georgia

AF Fort Stewart,

Georgia

Air Support Operations Center (ASOC) .. 7,250 7,250

AF Moody AFB HC–130J Simulator Facility .................... 8,500 8,500

Greenland

AF Thule Ab Consolidated Engineer Shop and Supply

Facility.

0 0

AF Thule Ab Dormitory (48 Pn) ..................................... 24,500 24,500

Guam

AF Andersen AFB Fuel Systems Hangar ............................... 0 0

Italy

AF Aviano Ab F–16 Mission Training Center ................. 9,400 9,400

Nebraska

AF Offutt AFB US STRATCOM Replacement Facility,

Incr 2.

161,000 128,000

New Mexico

AF Holloman AFB Mq–9 Maintenance Hangar ..................... 25,000 25,000

North Dakota

AF Minot AFB B–52 Add/Alter Munitions Age Facility .. 4,600 4,600

Texas

AF Joint Base San

Antonio

Dormitory (144 Rm) .................................. 18,000 18,000

Utah

AF Hill AFB F–35 Adal Building 118 for Flight Simu-

lator.

4,000 4,000

AF Hill AFB F–35 Adal Hangar 45w/AMU .................. 7,250 7,250

AF Hill AFB F–35 Modular Storage Magazines ........... 2,280 2,280

Worldwide Unspec-

ified

AF Lajes AFB Sanitary Sewer Lift/Pump Station .......... 2,000 2,000

AF Rota Transient Aircraft Hangars ..................... 15,032 0

AF Rota Transient Contingency Dormitory—100

Rm.

17,625 0

AF Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 18,635 18,635

AF Various World-

wide Locations

Unspecified Minor Construction .............. 18,200 18,200

Total Military Construction, Air Force ...................................................... 388,200 322,543

Arizona

Def-Wide Marana SOF Parachute Training Facility ............ 6,477 6,477

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126 STAT. 2295 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Def-Wide Yuma Truck Unload Facility .............................. 1,300 1,300

Belgium

Def-Wide Brussels NATO Headquarters Facility ................... 26,969 26,969

California

Def-Wide Coronado SOF Close Quarters Combat/Dynamic

Shoot Fac.

13,969 13,969

Def-Wide Coronado SOF Indoor Dynamic Shooting Facility .. 31,170 31,170

Def-Wide Coronado SOF Mobile Comm Detachment Support

Facility.

10,120 10,120

Def-Wide Def Fuel Support

Point—San

Diego

Replace Fuel Pier ...................................... 91,563 91,563

Def-Wide Edwards Air

Force Base

Replace Fuel Storage ................................ 27,500 27,500

Def-Wide Twentynine

Palms, Cali-

fornia

Medical Clinic Replacement ..................... 27,400 27,400

Colorado

Def-Wide Buckley Air Force

Base

Denver Power House ................................ 30,000 30,000

Def-Wide Fort Carson, Colo-

rado

SOF Battalion Operations Complex ........ 56,673 56,673

Def-Wide Pikes Peak High Altitude Medical Research Lab ...... 3,600 3,600

Delaware

Def-Wide Dover AFB Replace Truck Off-Load Facility .............. 2,000 2,000

Florida

Def-Wide Eglin AFB SOF Avfid Ops and Maintenance Facili-

ties.

41,695 41,695

Def-Wide Hurlburt Field Construct Fuel Storage Facility ............... 16,000 16,000

Def-Wide Macdill AFB SOF Joint Special Ops University Fac

(Jsou).

34,409 34,409

Germany

Def-Wide Rhine Ordnance

Barracks

Medical Center Replacement Incr 2 ........ 127,000 127,000

Def-Wide Stuttgart-Patch

Barracks

DISA Europe Facility Upgrades .............. 2,413 2,413

Def-Wide Vogelweh Replace Vogelweh Elementary School ..... 61,415 61,415

Def-Wide Weisbaden Weisbaden High School Addition ............ 52,178 52,178

Guam

Def-Wide Andersen AFB Upgrade Fuel Pipeline .............................. 67,500 67,500

Guantanamo Bay,

Cuba

Def-Wide Guantanamo Bay Replace Fuel Pier ...................................... 37,600 37,600

Def-Wide Guantanamo Bay Replace Truck Load Facility .................... 2,600 2,600

Hawaii

Def-Wide Joint Base Pearl

Harbor-Hickam

SOF Sdvt–1 Waterfront Operations Fa-

cility.

24,289 24,289

Illinois

Def-Wide Great Lakes Drug Laboratory Replacement ................. 28,700 28,700

Def-Wide Scott AFB DISA Facility Upgrades ........................... 84,111 84,111

Def-Wide Scott AFB Medical Logistics Warehouse ................... 2,600 2,600

Indiana

Def-Wide Grissom ARB Replace Hydrant Fuel System ................. 26,800 26,800

Japan

Def-Wide Camp Zama Renovate Zama High School .................... 13,273 13,273

Def-Wide Kadena Ab Replace Elementary School ...................... 71,772 71,772

Def-Wide Kadena Ab Replace Stearley Heights Elementary

School.

71,773 71,773

Def-Wide Sasebo Replace Sasebo Elementary School ......... 35,733 35,733

Def-Wide Zukeran Replace Zukeran Elementary School ...... 79,036 79,036

Kentucky

Def-Wide Fort Campbell,

Kentucky

Replace Barkley Elementary School ....... 41,767 41,767

Def-Wide Fort Campbell,

Kentucky

SOF Ground Support Battalion ............... 26,313 26,313

Def-Wide Fort Campbell,

Kentucky

SOF Landgraf Hangar Extension ............ 3,559 3,559

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126 STAT. 2296 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Korea

Def-Wide Kunsan Air Base Medical/Dental Clinic Addition ................ 13,000 13,000

Def-Wide Osan AFB Hospital Addition/Alteration .................... 34,600 34,600

Def-Wide Osan AFB Replace Osan Elementary School ............ 42,692 42,692

Louisiana

Def-Wide Barksdale AFB Upgrade Pumphouse ................................. 11,700 11,700

Maryland

Def-Wide Annapolis Health Clinic Replacement ...................... 66,500 66,500

Def-Wide Bethesda Naval

Hospital

Base Installation Access./Appearance

Plan.

7,000 7,000

Def-Wide Bethesda Naval

Hospital

Electrical Capacity and Cooling Towers 35,600 35,600

Def-Wide Bethesda Naval

Hospital

Temporary Medical Facilities .................. 26,600 26,600

Def-Wide Fort Detrick USAMRIID Stage I, Incr 7 ....................... 19,000 19,000

Def-Wide Fort Meade High Performance Computing Center Inc

300,521 225,521

Def-Wide Fort Meade NSAW Recapitalize Building #1/Site M

Inc 1.

25,000 25,000

Missouri

Def-Wide Fort Leonard

Wood

Dental Clinic ............................................. 18,100 18,100

New Mexico

Def-Wide Cannon AFB Medical/Dental Clinic Repalcement ........ 71,023 71,023

Def-Wide Cannon AFB SOF Ac–130J Combat Parking Apron ..... 22,062 22,062

New York

Def-Wide Fort Drum, New

York

Idt Complex ............................................... 25,900 25,900

Def-Wide Fort Drum, New

York

Soldier Specialty Care Clinic ................... 17,300 17,300

North Carolina

Def-Wide Camp Lejeune,

North Carolina

Medical Clinic Replacement ..................... 21,200 21,200

Def-Wide Camp Lejeune,

North Carolina

SOF Marine Battalion Company/Team

Facilities.

53,399 53,399

Def-Wide Camp Lejeune,

North Carolina

SOF Survival Evasion Resist. Escape

Tng Fac.

5,465 5,465

Def-Wide Fort Bragg SOF Battalion Operations Facility .......... 40,481 70,481

Def-Wide Fort Bragg SOF Civil Affairs Battalion Complex ...... 31,373 31,373

Def-Wide Fort Bragg SOF Support Addition .............................. 3,875 3,875

Def-Wide Fort Bragg SOF Sustainment Brigade Complex ....... 24,693 24,693

Def-Wide Seymour Johnson

AFB

Medical Clinic Replacement ..................... 53,600 53,600

Def-Wide Seymour Johnson

AFB

Replace Pipeline ........................................ 1,850 1,850

Pennsylvania

Def-Wide Def Distribution

Depot New

Cumberland

Replace Communications Building .......... 6,800 6,800

Def-Wide Def Distribution

Depot New

Cumberland

Replace Reservoir ...................................... 4,300 4,300

Def-Wide Def Distribution

Depot New

Cumberland

Replace Sewage Treatment Plant ............ 6,300 6,300

Romania

Def-Wide Deveselu, Roma-

nia

Aegis Ashore Missile Defense System

Complex (Inc 1).

157,900 120,000

South Carolina

Def-Wide Shaw AFB Medical Clinic Replacement ..................... 57,200 57,200

Texas

Def-Wide Fort Bliss Hospital Replacement Incr 4 ................... 207,400 132,400

Def-Wide Joint Base San

Antonio

Ambulatory Care Center Phase 3 Incr ... 80,700 26,400

Def-Wide Red River Army

Depot

Dfas Facility .............................................. 16,715 16,715

United Kingdom

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126 STAT. 2297 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Def-Wide Menwith Hill Sta-

tion

Mhs Utilities and Roads ........................... 3,795 3,795

Def-Wide Menwith Hill Sta-

tion

Replace Menwith Hill Elementary/High

School.

46,488 46,488

Def-Wide Raf Feltwell Feltwell Elementary School Addition ...... 30,811 30,811

Def-Wide Raf Mildenhall SOF CV–22 Simulator Facility ................ 6,490 6,490

Utah

Def-Wide Camp Williams Ic Cnci Data Center 1 Inc 4 ..................... 191,414 191,414

Virginia

Def-Wide Dam Neck SOF Magazines ......................................... 0 0

Def-Wide Joint Expedi-

tionary Base

Little Creek—

Story

SOF Combat Services Support Facility—

East.

11,132 11,132

Def-Wide Norfolk Veterinary Facility Replacement ............. 8,500 8,500

Washington

Def-Wide Fort Lewis SOF Battalion Operations Facility .......... 46,553 46,553

Def-Wide Fort Lewis SOF Military Working Dog Kennel ......... 3,967 3,967

Worldwide Unspec-

ified

Def-Wide Unspecified

Worldwide Lo-

cations

Contingency Construction ........................ 10,000 0

Def-Wide Unspecified

Worldwide Lo-

cations

Energy Conservation Investment Pro-

gram.

150,000 150,000

Def-Wide Unspecified

Worldwide Lo-

cations

Exercise Related Minor Construction ..... 6,440 6,440

Def-Wide Unspecified

Worldwide Lo-

cations

Minor Construction ................................... 5,000 5,000

Def-Wide Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 5,000 5,000

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 105,700 105,700

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 47,978 47,978

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 7,928 7,928

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 105,569 105,569

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 2,919 2,919

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 8,300 8,300

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 27,620 27,620

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 4,548 4,548

Def-Wide Unspecified

Worldwide Lo-

cations

SOF Operations and Skills Training

Complex.

0 0

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Const .......................... 10,000 10,000

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126 STAT. 2298 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 3,000 3,000

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 7,254 7,254

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 4,091 4,091

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Milcon ........................ 3,000 3,000

Total Military Construction, Defense-Wide .............................................. 3,654,623 3,432,423

Colorado

Chem Demil Pueblo Depot Ammunition Demilitarization Facility,

Ph Xiv.

36,000 36,000

Kentucky

Chem Demil Blue Grass Army

Depot

Ammunition Demilitarization Ph Xiii ..... 115,000 115,000

Total Chemical Demilitarization Construction, Defense ...................... 151,000 151,000

Worldwide Unspec-

ified

NATO NATO Security

Investment Pro-

gram

NATO Security Investment Program ...... 254,163 254,163

Total NATO Security Investment Program ............................................... 254,163 254,163

Alabama

Army NG Fort MC Clellan Live Fire Shoot House .............................. 5,400 5,400

Arkansas

Army NG Searcy Field Maintenance Shop ........................... 6,800 6,800

California

Army NG Fort Irwin Maneuver Area Training & Equipment

Site Ph3.

25,000 25,000

Connecticut

Army NG Camp Hartell Combined Support Maintenance Shop .... 32,000 32,000

Delaware

Army NG Bethany Beach Regional Training Institute Ph1 .............. 5,500 5,500

Florida

Army NG Camp Blanding Combined Arms Collective Training Fac 9,000 9,000

Army NG Miramar Readiness Center ...................................... 20,000 20,000

Guam

Army NG Barrigada JFHQ Ph4 .................................................. 8,500 8,500

Hawaii

Army NG Kapolei Army Aviation Support Facility Ph1 ....... 28,000 28,000

Idaho

Army NG Orchard Trainig

Area

Ortc(Barracks)Ph2 .................................... 40,000 40,000

Indiana

Army NG South Bend Armed Forces Reserve Center Add/Alt ... 21,000 21,000

Army NG Terre Haute Field Maintenance Shop ........................... 9,000 9,000

Iowa

Army NG Camp Dodge Urban Assault Course .............................. 3,000 3,000

Kansas

Army NG Topeka Taxiway, Ramp & Hangar Alterations ... 9,500 9,500

Kentucky

Army NG Frankfort Army Aviation Support Facility .............. 32,000 32,000

Massachusetts

Army NG Camp Edwards Ground Water Extraction, Treatment,

and Recharge System.

0 0

Army NG Camp Edwards Unit Training Equipment Site ................. 22,000 22,000

Michigan

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126 STAT. 2299 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Army NG Camp Grayling Operational Readiness Training Com-

plex (Ortc) Barracks.

0 0

Minnesota

Army NG Arden Hills Readiness Center ...................................... 0 17,000

Army NG Camp Ripley Scout Reconnaisance Range ..................... 17,000 17,000

Army NG St Paul Readiness Center ...................................... 17,000 0

Missouri

Army NG Fort Leonard

Wood

Regional Training Institute ..................... 18,000 18,000

Army NG Kansas City Readiness Center Add/Alt ........................ 1,900 1,900

Army NG Monett Readiness Center Add/Alt ........................ 820 820

Army NG Perryville Readiness Center Add/Alt ........................ 700 700

Montana

Army NG Miles City Readiness Center ...................................... 11,000 11,000

New Jersey

Army NG Sea Girt Regional Training Institute ..................... 34,000 34,000

New York

Army NG Stormville Combined Support Maint Shop Ph1 ........ 24,000 24,000

Ohio

Army NG Chillicothe Field Maintenance Shop Add/Alt ............. 3,100 3,100

Army NG Delaware Readiness Center ...................................... 12,000 12,000

Oklahoma

Army NG Camp Gruber Operations Readiness Training Complex 25,000 25,000

Puerto Rico

Army NG Camp Santiago Readiness Center ...................................... 3,800 3,800

Army NG Ceiba Refill Station Building .............................. 2,200 2,200

Army NG Guaynabo Readiness Center (JFHQ) ........................ 15,000 15,000

Army NG Gurabo Readiness Center ...................................... 14,700 14,700

Utah

Army NG Camp Williams BEQ Facility (Regional Training Insti-

tute).

15,000 15,000

Army NG Camp Williams Regional Training Institute Ph2 .............. 21,000 21,000

Vermont

Army NG North Hyde Park Field Maintenance Shop ........................... 0 0

Washington

Army NG Fort Lewis Readiness Center ...................................... 35,000 35,000

West Virginia

Army NG Logan Readiness Center ...................................... 14,200 14,200

Wisconsin

Army NG Wausau Field Maintenance Shop ........................... 10,000 10,000

Worldwide Unspec-

ified

Army NG Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 26,622 26,622

Army NG Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 15,057 15,057

Total Military Construction, Army National Guard ............................... 613,799 613,799

California

Army Res Fort Hunter

Liggett

Access Control Point ................................. 0 0

Army Res Fort Hunter

Liggett

Ortc ............................................................ 64,000 64,000

Army Res Fort Hunter

Liggett

Uph Barracks ............................................ 4,300 4,300

Army Res Tustin Army Reserve Center ............................... 27,000 27,000

Illinois

Army Res Fort Sheridan Army Reserve Center ............................... 28,000 28,000

Maryland

Army Res Aberdeen Proving

Ground

Army Reserve Center ............................... 21,000 21,000

Army Res Baltimore Add/Alt Army Reserve Center ................. 10,000 10,000

Massachusetts

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126 STAT. 2300 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Army Res Devens Reserve

Forces Training

Area

Automatic Record Fire Range .................. 4,800 4,800

Army Res Devens Reserve

Forces Training

Area

Combat Pistol/MP Firearms Qualifica-

tion.

3,700 3,700

Nevada

Army Res Las Vegas Army Reserve Center/AMSA ................... 21,000 21,000

New Jersey

Army Res Joint Base

Mcguire-Dix-

Lakehurst

Automated Infantry Squad Battle

Course.

7,400 7,400

Pennsylvania

Army Res Conneaut Lake Defense Access Road ................................. 0 0

Washington

Army Res Joint Base Lewis-

Mcchord

Army Reserve Center ............................... 40,000 40,000

Wisconsin

Army Res Fort Mccoy Central Issue Facility ............................... 12,200 12,200

Army Res Fort Mccoy Dining Facility .......................................... 8,600 8,600

Army Res Fort Mccoy Ecs Tactical Equip. Maint. Facilty

(Temf).

27,000 27,000

Worldwide Unspec-

ified

Army Res Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 15,951 15,951

Army Res Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 10,895 10,895

Total Military Construction, Army Reserve ............................................. 305,846 305,846

Arizona

N/MC Res Yuma Reserve Training Facility—Yuma AZ ..... 5,379 5,379

Iowa

N/MC Res Fort Des Moines Joint Reserve Center—Des Moines IA .... 19,162 19,162

Louisiana

N/MC Res New Orleans Transient Quarters ................................... 7,187 7,187

New York

N/MC Res Brooklyn Vehicle Maint. Fac.—Brooklyn NY ......... 4,430 4,430

Texas

N/MC Res Fort Worth Commercial Vehicle Inspection Site ........ 11,256 11,256

Worldwide Unspec-

ified

N/MC Res Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 2,118 2,118

Total Military Construction, Naval Reserve ............................................. 49,532 49,532

California

Air NG Fresno Yosemite

IAP ANG

F–15 Conversion ....................................... 11,000 11,000

Hawaii

Air NG Joint Base Pearl

Harbor-Hickam

TFI—F–22 Combat Apron Addition ........ 6,500 6,500

New Mexico

Air NG Kirtland AFB Alter Target Intelligence Facility ............ 8,500 8,500

Tennessee

Air NG Mcghee-Tyson

Airport

Dormitory Classroom Facility .................. 0 0

Worldwide Unspec-

ified

Air NG Various World-

wide Locations

Planning and Design ................................ 4,000 4,000

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126 STAT. 2301 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Air NG Various World-

wide Locations

Unspecified Minor Construction .............. 5,900 5,900

Wyoming

Air NG Cheyenne Map C–130 Flight Simulator Training Facil-

ity.

6,486 6,486

Total Military Construction, Air National Guard ................................... 42,386 42,386

California

AF Res March Air Re-

serve Base

Joint Regional Deployment Processing

Center.

0 0

New York

AF Res Niagara Falls IAP Flight Simulator Facility .......................... 6,100 6,100

Worldwide Unspec-

ified

AF Res Various World-

wide Locations

Planning and Design ................................ 2,879 2,879

AF Res Various World-

wide Locations

Unspecified Minor Constrution ................ 2,000 2,000

Total Military Construction, Air Force Reserve ...................................... 10,979 10,979

Worldwide Unspec-

ified

FH Con Army Unspecified

Worldwide Lo-

cations

Family Housing P&d ................................ 4,641 4,641

Total Family Housing Construction, Army ............................................... 4,641 4,641

Worldwide Unspec-

ified

FH Ops Army Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 31,785 31,785

FH Ops Army Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 203,533 203,533

FH Ops Army Unspecified

Worldwide Lo-

cations

Maintenance of Real Property ................. 109,534 109,534

FH Ops Army Unspecified

Worldwide Lo-

cations

Management Account ............................... 56,970 56,970

FH Ops Army Unspecified

Worldwide Lo-

cations

Miscellaneous Account .............................. 620 620

FH Ops Army Unspecified

Worldwide Lo-

cations

Privatization Support Costs ..................... 26,010 26,010

FH Ops Army Unspecified

Worldwide Lo-

cations

Services Account ....................................... 13,487 13,487

FH Ops Army Unspecified

Worldwide Lo-

cations

Utilities Account ....................................... 88,112 88,112

Total Family Housing Operation And Maintenance, Army .................. 530,051 530,051

Worldwide Unspec-

ified

FH Con AF Unspecified

Worldwide Lo-

cations

Improvements ............................................ 79,571 79,571

FH Con AF Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 4,253 4,253

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126 STAT. 2302 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

Total Family Housing Construction, Air Force ....................................... 83,824 83,824

Worldwide Unspec-

ified

FH Ops AF Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 37,878 37,878

FH Ops AF Unspecified

Worldwide Lo-

cations

Housing Privatization ............................... 46,127 46,127

FH Ops AF Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 62,730 62,730

FH Ops AF Unspecified

Worldwide Lo-

cations

Maintenance (Rpma Rpmc) ...................... 201,937 201,937

FH Ops AF Unspecified

Worldwide Lo-

cations

Management Account ............................... 55,002 55,002

FH Ops AF Unspecified

Worldwide Lo-

cations

Miscellaneous Account .............................. 1,943 1,943

FH Ops AF Unspecified

Worldwide Lo-

cations

Services Account ....................................... 16,550 16,550

FH Ops AF Unspecified

Worldwide Lo-

cations

Utilities Account ....................................... 75,662 75,662

Total Family Housing Operation And Maintenance, Air Force ........... 497,829 497,829

Worldwide Unspec-

ified

FH Con Navy Unspecified

Worldwide Lo-

cations

Design ........................................................ 4,527 4,527

FH Con Navy Unspecified

Worldwide Lo-

cations

Improvements ............................................ 97,655 97,655

Total Family Housing Construction, Navy And Marine Corps ............ 102,182 102,182

Worldwide Unspec-

ified

FH Ops Navy Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 17,697 17,697

FH Ops Navy Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 83,774 83,774

FH Ops Navy Unspecified

Worldwide Lo-

cations

Maintenance of Real Property ................. 85,254 85,254

FH Ops Navy Unspecified

Worldwide Lo-

cations

Management Account ............................... 62,741 62,741

FH Ops Navy Unspecified

Worldwide Lo-

cations

Miscellaneous Account .............................. 491 491

FH Ops Navy Unspecified

Worldwide Lo-

cations

Privatization Support Costs ..................... 27,798 27,798

FH Ops Navy Unspecified

Worldwide Lo-

cations

Services Account ....................................... 19,615 19,615

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126 STAT. 2303 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

FH Ops Navy Unspecified

Worldwide Lo-

cations

Utilities Account ....................................... 80,860 80,860

Total Family Housing Operation And Maintenance, Navy And Ma-

rine Corps.

378,230 378,230

Worldwide Unspec-

ified

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 20 20

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 4,660 4,660

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings Account ................................. 66 66

FH Ops DW Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 10,822 10,822

FH Ops DW Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 35,333 35,333

FH Ops DW Unspecified

Worldwide Lo-

cations

Maintenance of Real Property ................. 73 73

FH Ops DW Unspecified

Worldwide Lo-

cations

Maintenance of Real Property ................. 567 567

FH Ops DW Unspecified

Worldwide Lo-

cations

Management Account ............................... 371 371

FH Ops DW Unspecified

Worldwide Lo-

cations

Services Account ....................................... 31 31

FH Ops DW Unspecified

Worldwide Lo-

cations

Utilities Account ....................................... 12 12

FH Ops DW Unspecified

Worldwide Lo-

cations

Utilities Account ....................................... 283 283

Total Family Housing Operation And Maintenance, Defense-Wide ... 52,238 52,238

Worldwide Unspec-

ified

FHIF Unspecified

Worldwide Lo-

cations

Family Housing Improvement Fund ....... 1,786 1,786

Total DOD Family Housing Improvement Fund ...................................... 1,786 1,786

Worldwide Unspec-

ified

BRAC 05 Unspecified

Worldwide Lo-

cations

Comm Add 3: Galena Fol, AK ................. 1,337 1,337

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–100: Planing, Design and Manage-

ment.

5,038 5,038

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–101: Various Locations .................... 4,176 4,176

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–138: NAS Brunswick, ME ................ 4,897 4,897

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126 STAT. 2304 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–157: Mcsa Kansas City, MO ............ 39 39

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–168: Ns Newport, RI ........................ 1,742 1,742

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–172: NWS Seal Beach, Concord, CA 2,129 2,129

BRAC 05 Unspecified

Worldwide Lo-

cations

Don–84: JRB Willow Grove & Cambria

Reg Ap.

189 189

BRAC 05 Unspecified

Worldwide Lo-

cations

Ind–106: Kansas Army Ammunition

Plant, KS.

7,280 7,280

BRAC 05 Unspecified

Worldwide Lo-

cations

Ind–110: Mississippi Army Ammo Plant,

MS.

160 160

BRAC 05 Unspecified

Worldwide Lo-

cations

Ind–112: River Bank Army Ammo Plant,

CA.

22,431 22,431

BRAC 05 Unspecified

Worldwide Lo-

cations

Ind–119: Newport Chemical Depot, IN ... 197 197

BRAC 05 Unspecified

Worldwide Lo-

cations

Ind–122: Lone Star Army Ammo Plant,

TX.

11,379 11,379

BRAC 05 Unspecified

Worldwide Lo-

cations

Med–2: Walter Reed Nmmc, Bethesda,

MD.

7,787 7,787

BRAC 05 Unspecified

Worldwide Lo-

cations

Med–57: Brooks City Base, TX ................ 326 326

BRAC 05 Unspecified

Worldwide Lo-

cations

Program Management Various Locations 605 605

BRAC 05 Unspecified

Worldwide Lo-

cations

Program Management Various Locations 20,453 20,453

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–113: Fort Monroe, VA ...................... 12,184 12,184

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–121: Fort Gillem, GA ........................ 4,976 4,976

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–167: USAR Command and Con-

trol—NE.

175 175

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–212: USAR Cmd & Cntrl—New

England.

222 222

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–222: Fort Mcpherson, GA ................. 6,772 6,772

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–223: Fort Monmouth, NJ ................. 9,989 9,989

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–236: Rc Transformation in CT ......... 557 557

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–242: Rc Transformation in NY ........ 172 172

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–253: Rc Transformation in PA ......... 100 100

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126 STAT. 2305 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2013

Request

Conference

Authorized

BRAC 05 Unspecified

Worldwide Lo-

cations

Usa–36: Red River Army Depot ............... 1,385 1,385

Total Base Realignment and Closure Account 2005 ............................... 126,697 126,697

Worldwide Unspec-

ified

BRAC IV Base Realignment

& Closure, Air

Force

Base Realignment & Closure ................... 122,552 122,552

BRAC IV Base Realignment

& Closure,

Army

Base Realignment & Closure ................... 79,893 79,893

BRAC IV Base Realignment

& Closure,

Navy

Base Realignment & Closure ................... 146,951 146,951

Total Base Realignment and Closure Account 1990 ............................... 349,396 349,396

Worldwide Unspec-

ified

PYS Unspecified

Worldwide Lo-

cations

BRAC 2005 ................................................ 0 –132,513

PYS Unspecified

Worldwide Lo-

cations

Contingency Construction ........................ 0 –20,000

Total Prior Year Savings ............................................................................... 0 –152,513

Worldwide Unspec-

ified

GR Unspecified

Worldwide Lo-

cations

Civilian Pay Raise Reduction .................. 0 –2,334

Total General Reductions .............................................................................. 0 –2,334

Total Military Construction, Base Funding .............................................. 11,222,710 10,412,905

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS

(In Thousands of Dollars)

Service Country and Location Project

FY 2013

Request

Conference

Authorized

Navy Sw Asia ........................... Combined Dining Facility .............................. 0 0

Navy Sw Asia ........................... Transient Quarters ......................................... 0 0

Navy Camp Lemonier,

Djibouti.

Containerized Living and Work Units .......... 0 7,510

Navy Camp Lemonier,

Djibouti.

Fitness Center ................................................. 0 26,960

Navy Camp Lemonier,

Djibouti.

Galley Addition and Warehouse .................... 0 22,220

Navy Camp Lemonier,

Djibouti.

Joint HQ/Joint Operations Center Facility .. 0 42,730

Total Military Construction, Navy ................................................................ 0 99,420

PYS Unspecified Worldwide

Locations.

112–10 and Title Iv of Division H P.l. 112–

74.

0 –150,768

Total Prior Year Savings ................................................................................. 0 –150,768

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126 STAT. 2306 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS

(In Thousands of Dollars)

Service Country and Location Project

FY 2013

Request

Conference

Authorized

Total Military Construction, OCO Funding ................................................ 0 –51,348

TITLE XLVII—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

Discretionary Summary By Appropriation

Energy And Water Development, And Related Agencies

Appropriation Summary:

Energy Programs

Electricity delivery and energy reliability ................... 6,000 0

Atomic Energy Defense Activities

National nuclear security administration:

Weapons activities .................................................. 7,577,341 7,657,921

Defense nuclear nonproliferation .......................... 2,458,631 2,485,631

Naval reactors ......................................................... 1,088,635 1,088,635

Office of the administrator ..................................... 411,279 382,000

Total, National nuclear security administration 11,535,886 11,614,187

Environmental and other defense activities:

Defense environmental cleanup ............................. 5,472,001 5,009,001

Other defense activities .......................................... 735,702 731,299

Total, Environmental & other defense activities 6,207,703 5,740,300

Total, Atomic Energy Defense Activities ..................... 17,743,589 17,354,487

Total, Discretionary Funding ....................................................... 17,749,589 17,354,487

Electricity Delivery & Energy Reliability

Infrastructure security & energy restoration ..................... 6,000 0

Weapons Activities

Directed stockpile work

Life extension programs

B61 Life extension program .......................................... 369,000 369,000

W76 Life extension program ......................................... 174,931 219,931

Total, Life extension programs ...................................... 543,931 588,931

Stockpile assessment and design

W78 Life extension study .............................................. 0

W88 Alt 370 .................................................................... 0

Total, Stockpile assessment and design ...................... 0 0

Stockpile systems

Stockpile systems ........................................................... 0

B61 Stockpile systems ................................................... 72,364 72,364

W76 Stockpile systems .................................................. 65,445 65,445

W78 Stockpile systems .................................................. 139,207 139,207

W80 Stockpile systems .................................................. 46,540 46,540

B83 Stockpile systems ................................................... 57,947 57,947

W87 Stockpile systems .................................................. 85,689 85,689

W88 Stockpile systems .................................................. 123,217 123,217

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126 STAT. 2307 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

Total, Stockpile systems ................................................... 590,409 590,409

Weapons dismantlement and disposition

Operations and maintenance ........................................ 51,265 51,265

Stockpile services

Production support ......................................................... 365,405 371,405

Research and development support .............................. 28,103 28,103

R&D certification and safety ......................................... 191,632 199,632

Management, technology, and production ................... 175,844 175,844

Plutonium sustainment ................................................. 141,685 141,685

Total, Stockpile services .................................................. 902,669 916,669

Total, Directed stockpile work .............................................. 2,088,274 2,147,274

Campaigns:

Science campaign

Advanced certification ................................................... 44,104 54,104

Primary assessment technologies ................................. 94,000 99,000

Dynamic materials properties ....................................... 97,000 106,000

Advanced radiography ................................................... 30,000 30,000

Secondary assessment technologies .............................. 85,000 85,000

Total, Science campaign .................................................. 350,104 374,104

Engineering campaign

Enhanced surety ............................................................ 46,421 54,421

Weapon systems engineering assessment technology 18,983 18,983

Nuclear survivability ..................................................... 21,788 21,788

Enhanced surveillance ................................................... 63,379 63,379

Total, Engineering campaign ......................................... 150,571 158,571

Inertial confinement fusion ignition and high yield

campaign

Diagnostics, cryogenics and experimental support ..... 81,942 81,942

Ignition ........................................................................... 84,172 84,172

Support of other stockpile programs ............................ 14,817 14,817

NIF diagnostics, cryogenics and experimental sup-

port .............................................................................. 0 0

Pulsed power inertial confinement fusion .................... 6,044 6,044

Joint program in high energy density laboratory

plasmas ....................................................................... 8,334 8,334

Facility operations and target production .................... 264,691 264,691

Total, Inertial confinement fusion and high yield

campaign .......................................................................... 460,000 460,000

Advanced simulation and computing campaign ................. 600,000 600,000

Readiness Campaign

Stockpile readiness ........................................................ 0 0

High explosives and weapon operations ...................... 0 0

Nonnuclear readiness .................................................... 64,681 64,681

Tritium readiness ........................................................... 65,414 65,414

Advanced design and production technologies ............ 0 0

Total, Readiness campaign ............................................. 130,095 130,095

Total, Campaigns ...................................................................... 1,690,770 1,722,770

Readiness in technical base and facilities (RTBF)

Operations of facilities

Kansas City Plant ................................................... 163,602 163,602

Lawrence Livermore National Laboratory ........... 89,048 89,048

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126 STAT. 2308 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

Los Alamos National Laboratory ........................... 335,978 335,978

Nevada National Security Site .............................. 115,697 115,697

Pantex ...................................................................... 172,020 172,020

Sandia National Laboratory .................................. 167,384 167,384

Savannah River Site ............................................... 120,577 120,577

Y–12 National security complex ............................ 255,097 255,097

Institutional site support ....................................... 0 0

Total, Operations of facilities ......................................... 1,419,403 1,419,403

Program Readiness ............................................................... 0 0

Science, technology and engineering capability support .... 166,945 166,945

Maintenance and repair of facilities .................................... 0 0

Nuclear operations capability support ................................ 203,346 203,346

Subtotal, Readiness in technical base and facilities ....... 1,789,694 1,789,694

Construction:

13–D–301 Electrical infrastructure upgrades, LANL/

LLNL ........................................................................... 23,000 23,000

12–D–301 TRU waste facilities, LANL ........................ 24,204 24,204

11–D–801 TA–55 Reinvestment project, LANL .......... 8,889 8,889

10-D–501 Nuclear facilities risk reduction Y–12 Na-

tional security complex, Oakridge, TN ..................... 17,909 17,909

09–D–404 Test capabilities revitalization II, Sandia

National Laboratories, Albuquerque, NM ................ 11,332 11,332

08–D–802 High explosive pressing facility Pantex

Plant, Amarillo, TX .................................................... 24,800 24,800

07–D–140 Project engineering and design (PED) var-

ious locations .............................................................. 0 0

06–D–140 Project engineering design (PED) various

locations ...................................................................... 0 0

06–D–141 PED/Construction, Uranium Capabilities

Replacement Project Y–12 , Oak Ridge, TN ............ 340,000 0

06–D–141 PED/Construction, Uranium Capabilities

Replacement Project Y–12 , Phase 1, Oak Ridge,

TN ................................................................................ 0 340,000

04–D–125 Chemistry and metallurgy facility replace-

ment project, Los Alamos National Laboratory, Los

Alamos, NM ................................................................ 0 0

Total, Construction ........................................................... 450,134 450,134

Total, Readiness in technical base and facilities ............. 2,239,828 2,239,828

Secure transportation asset

Operations and equipment ................................................... 114,965 114,965

Program direction ................................................................. 104,396 104,396

Total, Secure transportation asset ....................................... 219,361 219,361

Nuclear counterterrorism incident response .............................. 247,552 247,552

Site stewardship

Operations and maintenance ............................................... 90,001 79,581

Construction

11–D–601 Sanitary effluent reclamation facility,

LANL ........................................................................... 0 0

Total, Site stewardship ............................................................ 90,001 79,581

Defense nuclear security

Operations and maintenance ............................................... 643,285 643,285

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126 STAT. 2309 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

NNSA CIO activities .................................................................... 155,022 155,022

Legacy contractor pensions .......................................................... 185,000 185,000

Science, Technology and Engineering Capability ...................... 0 0

National security applications ..................................................... 18,248 18,248

Subtotal, Weapons activities ......................................................... 7,577,341 7,657,921

Rescission ............................................................................................. 0

Total, Weapons Activities ............................................................... 7,577,341 7,657,921

Defense Nuclear Nonproliferation

Nonproliferation and verification R&D

Operations and maintenance ............................................... 398,186 398,186

Domestic Enrichment R&D .................................................. 150,000 150,000

Subtotal, Nonproliferation and verification R&D ............ 548,186 548,186

Nonproliferation and international security .............................. 150,119 150,119

International nuclear materials protection and cooperation .... 311,000 311,000

Fissile materials disposition

U.S. surplus fissile materials disposition

Operations and maintenance

U.S. plutonium disposition ..................................... 498,979 498,979

U.S. uranium disposition ....................................... 29,736 29,736

Total, Operations and maintenance ...................... 528,715 528,715

Construction:

99–D–143 Mixed oxide fuel fabrication facility,

Savannah River, SC ............................................ 388,802 388,802

99–D–141–01 Pit disassembly and conversion fa-

cility, Savannah River, SC ................................. 0 0

99–D–141–02 Waste Solidification Building, Sa-

vannah River, SC ................................................ 0 0

Total, Construction .................................................... 388,802 388,802

Total, U.S. surplus fissile materials disposition ........ 917,517 917,517

Russian surplus fissile materials disposition ..................... 3,788 3,788

Total, Fissile materials disposition ...................................... 921,305 921,305

Global threat reduction initiative ............................................... 466,021 493,021

Legacy contractor pensions .......................................................... 62,000 62,000

Subtotal, Defense Nuclear Nonproliferation ............................ 2,458,631 2,507,211

Rescission ............................................................................................. 0

Total, Defense Nuclear Nonproliferation .................................. 2,458,631 2,485,631

Naval Reactors

Naval reactors development ........................................................ 418,072 418,072

Ohio replacement reactor systems development ........................ 89,700 89,700

S8G Prototype refueling .............................................................. 121,100 121,100

Naval reactors operations and infrastructure ............................ 366,961 366,961

Construction:

13–D–905 Remote-handled low-level waste facility, INL .. 8,890 8,890

13–D–904 KS Radiological work and storage building,

KSO .................................................................................... 2,000 2,000

13–D–903, KS Prototype Staff Building, KSO .................... 14,000 14,000

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126 STAT. 2310 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

10-D–903, Security upgrades, KAPL ................................... 19,000 19,000

10-D–904, NRF infrastructure upgrades, Idaho ................. 0 0

09–D–902, NRF Office Building #2 ECC Upgrade, Idaho 0 0

08–D–190 Expended Core Facility M–290 recovering dis-

charge station, Naval Reactor Facility, ID ...................... 5,700 5,700

07–D–190 Materials research technology complex

(MRTC) ............................................................................... 0 0

Total, Construction .................................................................. 49,590 49,590

Program direction ......................................................................... 43,212 43,212

Subtotal, Naval Reactors ................................................................ 1,088,635 1,088,635

Adjustments:

Rescission of prior year balances ......................................... 0 0

Total, Naval Reactors ...................................................................... 1,088,635 1,088,635

Office Of The Administrator

Office of the administrator .......................................................... 411,279 382,000

Total, Office Of The Administrator ............................................. 411,279 382,000

Defense Environmental Cleanup

Closure sites:

Closure sites administration ................................................ 1,990 1,990

Hanford site:

River corridor and other cleanup operations ...................... 389,347 389,347

Central plateau remediation ................................................ 558,820 558,820

Richland community and regulatory support ..................... 15,156 15,156

Total, Hanford site .................................................................... 963,323 963,323

Idaho National Laboratory:

Idaho cleanup and waste disposition ................................... 396,607 396,607

Idaho community and regulatory support ........................... 3,000 3,000

Total, Idaho National Laboratory ......................................... 399,607 399,607

NNSA sites

Lawrence Livermore National Laboratory .......................... 1,484 1,484

Nuclear facility D & D Separations Process Research

Unit ..................................................................................... 24,000 24,000

Nevada ................................................................................... 64,641 64,641

Sandia National Laboratories .............................................. 5,000 5,000

Los Alamos National Laboratory ......................................... 239,143 239,143

Total, NNSA sites and Nevada off-sites ............................... 334,268 334,268

Oak Ridge Reservation:

Building 3019 ........................................................................ 0 0

OR Nuclear facility D & D ................................................... 67,525 67,525

OR cleanup and disposition .................................................. 109,470 109,470

OR reservation community and regulatory support ........... 4,500 4,500

Total, Oak Ridge Reservation ................................................ 181,495 181,495

Office of River Protection:

Waste treatment and immobilization plant

01–D–416 A-E/ORP-0060 / Major construction ........... 690,000 690,000

Tank farm activities

Rad liquid tank waste stabilization and disposition ... 482,113 482,113

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126 STAT. 2311 PUBLIC LAW 112–239—JAN. 2, 2013

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

Total, Office of River protection ........................................... 1,172,113 1,172,113

Savannah River sites:

Savannah River risk management operations .................... 444,089 444,089

SR community and regulatory support ............................... 16,584 16,584

Radioactive liquid tank waste:

Radioactive liquid tank waste stabilization and dis-

position ........................................................................ 698,294 698,294

Construction:

05–D–405 Salt waste processing facility, Savan-

nah River ............................................................. 22,549 22,549

PE&D glass waste storage building #3 ................. 0 0

Total, Radioactive liquid tank waste ........................... 720,843 720,843

Total, Savannah River site ..................................................... 1,181,516 1,181,516

Waste Isolation Pilot Plant

Waste isolation pilot plant ................................................... 198,010 198,010

Total, Waste Isolation Pilot Plant ......................................... 198,010 198,010

Program direction ......................................................................... 323,504 323,504

Program support ........................................................................... 18,279 18,279

Safeguards and Security:

Oak Ridge Reservation ......................................................... 18,817 18,817

Paducah ................................................................................. 8,909 8,909

Portsmouth ............................................................................ 8,578 8,578

Richland/Hanford Site .......................................................... 71,746 71,746

Savannah River Site ............................................................. 121,977 121,977

Waste Isolation Pilot Project ................................................ 4,977 4,977

West Valley ............................................................................ 2,015 2,015

Total, Safeguards and Security ............................................. 237,019 237,019

Technology development .............................................................. 20,000 20,000

Uranium enrichment D&D fund contribution ........................... 463,000 0

Subtotal, Defense environmental cleanup ................................. 5,494,124 5,031,124

Adjustments

Use of prior year balances ........................................... –12,123 –12,123

Use of unobligated balances ......................................... –10,000 –10,000

Rescission

Total, Adjustments .................................................................... –22,123 –22,123

Total, Defense Environmental Cleanup ..................................... 5,472,001 5,009,001

Other Defense Activities

Health, safety and security

Health, safety and security .................................................. 139,325 139,325

Program direction ................................................................. 106,175 106,175

Undistributed adjustment .................................................... –4,403

Total, Health, safety and security ........................................ 245,500 241,097

Specialized security activities ...................................................... 188,619 188,619

Office of Legacy Management

Legacy management ............................................................. 164,477 164,477

Program direction ................................................................. 13,469 13,469

Total, Office of Legacy Management ................................... 177,946 177,946

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126 STAT. 2312 PUBLIC LAW 112–239—JAN. 2, 2013

LEGISLATIVE HISTORY—H.R. 4310 (S. 3254):

HOUSE REPORTS: Nos. 112–479, Pt. 1 and 2 (Comm. on Armed Services) and

112–705 (Comm. of Conference).

SENATE REPORTS: No. 112–173 (Comm. on Armed Services) accompanying

S. 3254.

CONGRESSIONAL RECORD, Vol. 158 (2012):

May 16–18, considered and passed House.

Dec. 4, considered and passed Senate, amended, in lieu of S. 3254.

Dec. 12, Senate vitiated passage; reconsidered and passed, amended.

Dec. 20, House agreed to conference report.

Dec. 21, Senate agreed to conference report.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013):

Jan. 3, Presidential statement.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2013

Request

Conference

Authorized

Defense-related activities

Infrastructure

Idaho sitewide safeguards and security ....................... 0 0

Defense related administrative support ..................................... 118,836 118,836

Office of hearings and appeals .................................................... 4,801 4,801

Subtotal, Other defense activities ............................................... 735,702 731,299

Total, Other Defense Activities .................................................... 735,702 731,299

Approved January 2, 2013.

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