Summary
(This measure has not been amended since the Conference Report was filed in the House on December 18, 2012. The summary of that version is repeated here.)
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters.
(Sec. 112) Directs the Secretary of the Army, for six years beginning in 2013, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements.
Subtitle C: Navy Programs - (Sec. 121) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers.
(Sec. 122) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished associated equipment. Authorizes such Secretary to employ incremental funding for such procurement upon a determination that such approach will permit the Navy to procure an additional submarine in FY2014.
(Sec. 123) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers and specified systems associated with such vessels.
(Sec. 124) Prohibits the obligation or expenditure of more than 50% of the funds authorized for a second Ford-class aircraft carrier until the Secretary of the Navy submits to the defense and appropriations committees a description of the program management and cost control measures to be employed in constructing such carrier.
(Sec. 125) Earmarks specified funds for commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln during FY2013.
(Sec. 126) Directs the Secretary of Defense (Secretary) to: (1) designate the effort to develop and produce all variants of the mission modules in support of the littoral combat ship (LCS) program as a major defense acquisition program (MDAP), (2) report to the defense and appropriations committees with respect to the development and production of each variant, and (3) report quarterly to such committees on each variant in support of such ship.
(Sec. 127) Directs the Secretary of the Navy to report to the defense and appropriations committees on LCS designs.
(Sec. 128) Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program.
(Sec. 129) Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.
(Sec. 130) Expresses the sense of Congress that: (1) the deterrence provided by a modern fleet of nuclear-powered ballistic missile submarines is critical to U.S. national security, (2) the Navy should replace Ohio class submarines with newer submarines, and (3) a minimum of 12 ballistic missile submarines are necessary to provide continuous at-sea deterrence.
(Sec. 131) Expresses the sense of Congress that: (1) DOD should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands; (2) the Navy should evaluate amphibious lift capabilities to meet current and projected requirements, and should consider prioritization of investment in and procurement of the next generation of amphibious assault ships; (3) such assault ships should maintain survivability protection; (4) operation and maintenance requirements analysis should be considered to reduce total ownership and acquisition cost; and (5) maintaining a robust amphibious shipbuilding industrial base is vital for the future of U.S. national security.
(Sec. 132) Expresses the sense of the Senate that, if the Navy budget for FY2014 includes a request for more than 13 new F-18 aircraft, the FY2014 budget request for F-35 aircraft should include a request for no fewer than six F-35B aircraft and four F-35C aircraft.
Subtitle D: Air Force Programs - (Sec. 141) Reduces from 301 to 275 the number of strategic airlift aircraft, effective as of 45 days after the DOD Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of Staff (JCS) conduct a study of, and report to the defense and appropriations committees on, mobility requirements for all aspects of the National Military Strategy. Requires the Secretary of the Air Force to preserve each C-5 aircraft retired after FY2012 so that such aircraft is stored in a flyable condition, can be returned to service, and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense.
(Sec. 142) Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded.
(Sec. 143) Prohibits the Secretary of the Air Force from cancelling or modifying the avionics modernization program for C-130 aircraft until 90 days after submitting to the defense and appropriations committees a cost-benefits analysis of such program.
(Sec. 144) Directs the Secretary to treat as MDAPs certain programs for the F-22A Raptor aircraft. Requires the Secretary of the Air Force to report annually to the defense and appropriations committees on the costs, schedules, and performance of the F-22A Raptor modernization program.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 152) Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense, appropriations, and intelligence committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award. Authorizes such Secretary to use Air Force procurement funds for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system satellite space vehicles number 5 and 6. Expresses the sense of Congress that such Secretary should not enter into a fixed-price contract under this section unless it will secure substantial Air Force savings over the cost of procuring two systems separately.
(Sec. 153) Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees.
(Sec. 154) Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force.
(Sec. 155) Directs the Secretary of the Air Force, by June 1, 2013, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees.
(Sec. 156) Requires the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to report to the defense and appropriations committees on costs, schedule, and operational capabilities of the shallow water combat submersible program. Requires quarterly updates to such initial report.
(Sec. 157) Directs the Secretary to ensure that all DOD tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified data links and formats in order to ensure communications interoperability. Requires data links and formats chosen to conform to a DOD specification standard, and not include any proprietary or undocumented waveforms. Authorizes a waiver of such requirements if the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense and appropriations committees that: (1) it would be technologically infeasible or economically unacceptable to apply such standards to such aircraft, or (2) such an aircraft is under a special access program that is not considered a MDAP.
(Sec. 158) Directs the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on the Army's small arms and ammunition capabilities, and (2) report study results to the defense and appropriations committees.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability.
(Sec. 212) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the preliminary design review milestone. Prohibits such Secretary, after achieving such milestone, from reducing such contractors to one until preliminary design reviews are completed, the Under Secretary certifies the completeness of the reviews, and 30 days have elapsed since such certification.
(Sec. 213) Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to a medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification.
(Sec. 214) Requires the Secretary to ensure that any FY2013 funds for activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners. Allows a waiver if the Secretary determines that using such procedures is not feasible, notifies the defense and appropriations committees, and five days have elapsed since the notification.
(Sec. 215) Prohibits the obligation or expenditure of amounts under the Next Generation Foundry for the Defense Microelectronics Activity until 60 days after the Assistant Secretary of Defense for Research and Engineering develops and submits to the defense and appropriations committees a microelectronics strategy and an estimate of the full life-cycle costs for the upgrade of such Foundry, as well as an assessment of U.S. manufacturing capability to produce three-dimensional integrated circuits.
(Sec. 216) Directs the Under Secretary to submit to the defense and appropriations committees a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities.
Subtitle C: Missile Defense Programs - (Sec. 221) Prohibits the obligation or expenditure of any FY2013 DOD funds for the medium extended air defense system.
(Sec. 222) Earmarks specified DOD RDT&E funds to Israel for the Iron Dome short-range rocket defense program.
(Sec. 223) Authorizes the Secretary of the Navy to transfer AEGIS weapon system equipment with Ballistic Missile Defense (BMD) capability to the Missile Defense Agency (MDA) for installation in the country designated as Host Nation 1. Requires the MDA Director to make a transfer of related equipment to the Navy for the DDG-51 class destroyer program.
(Sec. 224) Prohibits the obligation or expenditure of more than 75% of the FY2013 funds for the precision tracking space system until the Director of Cost Assessment and Program Evaluation completes and submits to the defense and appropriations committees an evaluation of alternatives to such system. Requires: (1) the MDA Director to enter into a memorandum of understanding (MOU) with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost sharing of such system; and (2) the CG to provide to such committees a briefing on evaluation terms of reference and a final report assessing the evaluation.
(Sec. 225) Requires the MDA Director to: (1) develop a long-term plan for the Exo-atmospheric kill vehicle for the ground-based interceptor and any other interceptor that might be developed against long-range ballistic missiles, and (2) report to the defense and appropriations committees on such plan.
(Sec. 226) Directs the Secretary of the Army to submit to such committees a modernization plan of the Patriot air and missile defense system and related systems of the integrated air and missile defense architecture.
(Sec. 227) Directs the Secretary to conduct a study evaluating at least three possible additional U.S. locations for future deployment of an interceptor capable of protecting against threats from nations such as North Korea and Iran, requiring accompanying environmental impacts. Requires the MDA Director to: (1) develop a contingency plan for an additional interceptor site in case the President decides to proceed with an additional deployment, and (2) notify the defense and appropriations committees when such plan has been developed.
(Sec. 228) Expresses the sense of Congress: (1) for a national priority of defending the United States against the potential future threat of limited ballistic missile attack; (2) in favor of the currently deployed ground-based midcourse defense (GBMD) system to provide such defense, assuming appropriate levels of sustainability and performance; (3) that the MDA should correct problems discovered in GBMD flight tests; and (4) that DOD should continue to evaluate the evolving threat of limited ballistic missile attack, particularly from countries such as North Korea and Iran, and consider other possibilities for affordable and effective steps to improve the posture of the United States to defend itself. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status of efforts to improve U.S. homeland missile defense capability, and (2) a briefing of such committees by the CG with respect to such report.
(Sec. 229) Expresses the sense of Congress that : (1) the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed U.S. forces and allies and partners in Europe, the Middle East and the Asia-Pacific region; (2) DOD has an obligation to protect all such forces; (3) the European Phased Adaptive Approach is an appropriate and necessary response to such threat; (4) DOD should continue to test and plan to deploy all four phases of such Approach, as well as other phased and adaptive regional missile defense efforts; and (5) European members of the North Atlantic Treaty Organization (NATO) are making valuable contributions toward European missile defense. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts, and (2) a briefing of such committees by the CG with respect to such report.
(Sec. 230) Directs the Secretary to report to such committees on: (1) contributions of NATO members to missile defense in Europe, and (2) the testing program for the GBMD element of the BMD system. Requires a CG briefing with respect to the latter report.
(Sec. 232) Expresses the sense of Congress that: (1) it is U.S. policy to deploy as soon as possible an effective national missile defense system capable of defending the United States against limited ballistic missile attack; (2) further limitations on missile defense capabilities are not in the U.S. national security interests; (3) the New Start Treaty and statements by the Russian Federation do not limit, and should not be interpreted as limiting, current plans to protect the United States or its Armed Forces and allies from such attack; (4) any additional defensive limitations may enter into force only with the advice and consent of the Senate; and (5) the Arms Control and Disarmament Act requires that no action shall be taken that would obligate the United States to reduce or limit its Armed Forces or armaments in a militarily significant manner, except pursuant to the treaty-making power of the President.
(Sec. 233) Expresses the sense of Congress that the Secretary should comply with requirements of the previous National Defense Authorization Act and submit to Congress a homeland defense hedging policy and strategy report.
Subtitle D: Reports - (Sec. 241) Directs the Secretary of the Navy to report to the defense and appropriations committees on the mine countermeasures, antisubmarine, and surface warfare mission packages for the littoral combat ship.
(Sec. 242) Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees.
(Sec. 243) Provides that if the ongoing Marine Corps ground combat vehicle fleet mix study recommends the acquisition of a separate Marine personnel carrier, then the Secretary of the Navy and the Commandant of the Marine Corps shall jointly report to the defense and appropriations committees with respect to such carrier.
(Sec. 244) Requires the Secretary of the Air Force to submit to such committees a report on Air Force cyber and information technology research investments.
(Sec. 245) Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in science, technology, engineering, mathematics, and management; and (2) report review results to the defense and appropriations committees.
Subtitle E: Other Matters - (Sec. 251) Includes educational institutions in Puerto Rico, the Northern Mariana Islands, and U.S. territories and possessions within authorized defense laboratories education partnerships.
(Sec. 252) Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to report to Congress on DOD participation in such activities.
(Sec. 253) Expresses the sense of Congress that the Secretary should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces (members).
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environment - (Sec. 311) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory.
(Sec. 312) Amends the Sikes Act (conservation management on government lands) to authorize the Secretary of the military department concerned (Secretary concerned) to enter into cooperative agreements with Indian tribes for land management in areas adjoining military installations and state-owned National Guard installations.
(Sec. 313) Directs the Secretary to: (1) issue to the military departments and appropriate defense agencies written guidance on environmental exposures at military installations, (2) submit such guidance to the defense and appropriations committees, and (3) brief such committees regarding materiel solutions that would measure environmental exposures to members while in contingency operations.
(Sec. 314) Directs the Secretary, if a required annual report for FY2011 concerning DOD operational energy is not submitted to the defense and appropriations committees by December 31, 2012, to report to such committees on the status of targets listed in the document entitled "Operational Energy Strategy: Implementation Plan, Department of Defense, March, 2012."
(Sec. 315) Prohibits the obligation or expenditure of FY2013 biofuels production funds for the construction of a biofuel refinery until DOD receives matching contributions from the Department of Energy (DOE) and equivalent contributions from the Department of Agriculture for the same purpose.
(Sec. 316) Expresses the sense of the Senate that: (1) DOD airfields, training airspace, and air training routes must be protected from encroachment; (2) placement of obstructions near such areas could potentially increase risk to military aircraft and personnel as well as impact training and readiness; and (3) DOD should develop and promulgate comprehensive guidance to assess the impact of such potential encroachments on DOD's ability to conduct missions or maintain readiness.
Subtitle C: Logistics and Sustainment - (Sec. 321) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2004 to authorize the Secretary concerned to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018.
(Sec. 322) Repeals certain amendments made under the National Defense Authorization Act (NDAA) for Fiscal Year 2012 relating to DOD depot-level maintenance, and revives the former provisions. Directs the Secretary to report biennially to Congress identifying core depot-level maintenance and repair capability requirements and corresponding workloads for each of the military departments (other than the Coast Guard). Requires the CG to review each such report and submit review results to the defense and appropriations committees.
(Sec. 323) Requires the Secretary of the Air Force, in managing system program responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, to comply with DOD instructions regarding the assignment of program responsibility.
Subtitle D: Readiness - (Sec. 331) Authorizes the Secretary concerned to enter into intergovernmental support agreements with state or local governments for the procurement or sharing of installation support services, as long as such Secretary determines that the agreement will serve the best interests of that department.
(Sec. 332) Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines.
(Sec. 333) Expresses the sense of Congress that the Secretary should expedite completion of the study of U.S. strategic ports called for in the conference report accompanying the NDAA for Fiscal Year 2012 so that it can be submitted to Congress before December 31, 2012. Requires such study results to be submitted to the CG, who shall assess such report and submit assessment results to the defense and appropriations committees. Directs the CG to subsequently: (1) conduct a study of DOD programs and efforts related to the state of strategic ports with respect to DOD's operational and readiness requirements, and (2) report study results to such committees.
Subtitle E: Reports - (Sec. 341) Requires as additional information in an annual DOD report on long-term corrosion strategy: (1) data on return of investment for completed corrosion projects and activities; and (2) how such funds are used for military corrosion projects, the technical corrosion collaboration pilot program, and other corrosion-related activities.
(Sec. 342) Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the JCS Chairman, based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment.
(Sec. 343) Revises the deadline for a CG review of an annual report on prepositioned materiel and equipment.
(Sec. 344) Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the U.S. Transportation Command in support of DOD operations.
(Sec. 345) Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory.
Subtitle F: Limitations and Extension of Authority - (Sec. 351) Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents.
(Sec. 352) Requires the Secretary to: (1) establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; and (2) report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes. Directs the CG to review such analysis and assessment and report review results to such committees. Expresses the sense of Congress that Air Force wings performing 24-hour aerospace control alert missions provide an essential service in defending U.S. airspace in the aftermath of the September 11, 2001, terrorist attacks upon the United States.
(Sec. 353) Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed.
(Sec. 354) Prohibits any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship.
(Sec. 355) Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017.
Subtitle G: National Commission on the Structure of the Air Force - National Commission on the Structure of the Air Force Act of 2012 - (Sec. 362) Establishes the National Commission on the Structure of the Air Force to study the current structure of the Air Force to determine whether and how it should be modified to best fulfill current and anticipated Air Force mission requirements consistent with available resources. Requires the Commission to report its findings and conclusions to the President and the defense and appropriations committees. Terminates the Commission 90 days after such report. Provides funding.
Subtitle H: Other Matters - (Sec. 371) Provides that if a military working dog (dog) should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary concerned may transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the Secretary to establish and maintain a system to provide for the veterinary care of retired dogs.
(Sec. 372) Directs the CG to: (1) review DOD policies and procedures for the handling, labeling, and packaging of hazardous material shipments, and (2) report review results to the defense, appropriations, and transportation committees.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
(Sec. 403) Provides an annual 15,000-member limit on reductions in end strengths of the regular Army or Marine Corps during each of FY2014-FY2017.
(Sec. 404) Directs the Secretary to develop and implement a plan to increase the number of Marine Corps personnel assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, as well as Marine Security Group regional commands and detachments at U.S. embassies, consulates, and other diplomatic facilities by up to 1,000 Marines in light of threats to U.S. personnel and property. Requires a description of the expanded security support to be included in each annual budget submission after FY2013. Directs: (1) the Secretary to conduct an assessment of the Marine Corps Security Guard Program and report assessment results to Congress; and (2) the President to notify Congress of any required modification in the scope of such Program.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases by two the authorized Navy active-duty flag officer end strength limitation.
(Sec. 502) Extends through 2018 DOD authority to convene selection boards to consider early discharges for regular officers below lieutenant colonel or commander who have served on active duty for at least one year in their current grade, are not on a promotion list, and are ineligible for retirement.
(Sec. 503) Revises the definition of joint duty assignment as it pertains to instructors to include all instructor assignments for joint training and education.
(Sec. 504) Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement.
(Sec. 505) Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement.
(Sec. 506) Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.)
(Sec. 507) Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 10% of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade.
(Sec. 508) Establishes the position of Chief of Chaplains in the Air Force, holding the grade of major general. Requires such appointee to have served as an active-duty chaplain for at least eight years.
Subtitle B: Reserve Component Management - (Sec. 511) Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998.
(Sec. 512) Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2.
(Sec. 513) Authorizes the Chief of the National Guard Bureau to establish a program to provide professionals (to be known as transition assistance advisors) in each state to serve as points of contact to assist members of the reserves who serve on active duty for more than 180 consecutive days in accessing benefits and health care furnished under the DOD and the VA. Requires an individual transition plan for each member. Provides program funding.
Subtitle C: General Service Authorities - (Sec. 518) Authorizes licensed clinical social workers and psychiatric advanced practice registered nurses (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations.
(Sec. 519) Directs the Secretary (and the Secretary of Homeland Security with respect to the Coast Guard) to develop and implement a plan to measure DOD and Coast Guard efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports. Directs the Secretary of Homeland Security to annually prepare and submit to specified congressional committees a report addressing diversity among officers and enlisted personnel within the Coast Guard and Coast Guard Reserve.
(Sec. 520) Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments.
(Sec. 521) Extends through FY2015 the authority of members to accumulate and carry over up to 75 days of leave.
(Sec. 522) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating.
(Sec. 523) Prohibits providing a waiver for commissioning or enlistment in the Armed Forces for any individual convicted under federal or state law of the felony offense of rape, sexual abuse, sexual assault, incest, or any other sexual offense.
(Sec. 524) Directs the Secretary to standardize, assess, and monitor DOD medical evaluation boards, physical evaluation boards, and physical evaluation board liaison officers. Requires the Secretary to submit to the defense and veterans committees: (1) a one-time report setting forth a plan for the implementation of this section, and (2) subsequent annual reports over four years assessing plan implementation.
(Sec. 525) Requires each department Secretary to report semiannually in 2013-2014 to the defense committees on the number of members of regular components of that armed force who were involuntarily separated from active duty in order to meet force reduction requirements.
(Sec. 526) Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females.
(Sec. 527) Directs the Secretary of the Air Force and the Air Force Chief of Staff to jointly report to the defense and appropriations committees on education and training and promotion rates for Air Force pilots of remotely piloted aircraft.
(Sec. 528) Directs each military department Secretary, in materials in support of the budget for each of FY2014-FY2018, to include a statement of the degree to which their disability population impacts their readiness to meet ongoing mission requirements and dwell time. Requires the Secretary concerned, when necessary, to include a plan to mitigate any adverse impact.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates.
(Sec. 532) Requires, in annual reports of the Committee of the Uniform Code of Military Justice, legal information from the judge advocates general and the staff judge advocate of the Marine Corps, including appellate review results of general or special court martial determinations.
(Sec. 533) Requires the Armed Forces to accommodate the conscience, moral principles, or religious beliefs of its members and, so far as practicable, may not use such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) requiring a chaplain to perform any rite, ritual, or ceremony that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs.
(Sec. 534) Directs the military department Secretaries, and the Secretary of Homeland Security with respect to the Coast Guard, to report to the defense and transportation committees on hazing in each of their respective departments.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program.
(Sec. 542) Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association to support the Naval Academy athletic and physical fitness programs, (2) receive funds from the Association and the National Collegiate Athletic Association (NCAA) to further such support, and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks.
(Sec. 543) Amends the NDAA for Fiscal Year 2012 to remove the limit of five on the number of military occupational specialties or duty specialty codes for coverage under a DOD pilot program on the receipt of civilian credentialing for skills required in military specialties.
(Sec. 544) Authorizes the VA Secretary, as a condition of a grant or contract to a state for certain veterans' employment and training programs, to require the state to demonstrate the consideration of any military training or experience received by a veteran when approving or denying a license or certification as a nonemergency or emergency medical professional or a commercial driver.
(Sec. 545) Directs the Secretary to: (1) assess the extent of access that representatives of institutions of higher education have to military installations, and (2) report assessment results to the defense committees.
(Sec. 546) Requires the Secretary to report to such committees on DOD efforts to standardize educational transcripts issued to members upon their separation.
(Sec. 547) Directs the CG to: (1) review the methodology used by the Military Education Coordination Council in compiling a required report concerning joint professional military education, (2) report review results to the defense committees, and (3) submit to such committees an assessment of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of DOD and the military departments and defense agencies.
Subtitle F: Reserve Officers' Training Corps and Related Matters - (Sec. 551) Repeals the requirement that at least 50% of service academy midshipmen and cadets qualify for and receive in-state tuition rates.
(Sec. 552) Authorizes the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no JROTC unit is maintained if such institution offers a course in military instruction and has at least 50 students above the eighth grade.
(Sec. 553) Amends the Hunter Act to require the Secretary to develop a plan to establish and support at least 3,000 and no more than 3,700 (under current law, not less than 3,700) Junior Reserve Officers' Training Corps (JROTC) units by September 20, 2020. Authorizes the Secretaries concerned to determine that support provided to youth development programs is consistent with JROTC funding limitations and program objectives. Requires additional periodic plan reports until 2020.
(Sec. 554) Directs the CG to report to the defense and appropriations committees on the effectiveness and oversight of the ROTC program.
Subtitle G: Defense Dependents' Education and Military Family Readiness - (Sec. 561) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations. Extends the latter assistance authority through FY2014.
(Sec. 562) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 563) Impact Aid Improvement Act of 2012 - Amends title VIII of the Elementary and Secondary Education Act of 1965 to revise the calculation of: (1) impact aid payments owed to federal property districts, and (2) eligible children displaced from housing located on federal property. Revises the deadline for final payments to educational districts. Terminates such amendments two years after the enactment of this Act.
(Sec. 564) Revises a DOD program which provides transitional compensation and other benefits for the dependents of members who were separated from service due to dependent abuse to include under such coverage a child who was carried during pregnancy at the time of the abuse and born thereafter.
(Sec. 565) Permits the Secretary to authorize the enrollment in a DOD domestic education program of a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Limits such enrollment to the end of that school year. Authorizes the enrollment in the DOD virtual elementary and secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program.
(Sec. 566) Authorizes the head of a federal agency to appoint, on a noncompetitive basis, a relocating spouse of a member ordered to active duty for more than 180 days, or a spouse of a fully disabled or deceased member.
(Sec. 567) Directs the Secretary to report to the defense and appropriations committees on the anticipated future of DOD family support programs during the five-year period after such report as military end strengths are reduced and forces are drawn down from combat operations in Afghanistan.
(Sec. 568) Expresses the sense of Congress in support of the goals and ideals of Yellow Ribbon Day in honor of members who are serving overseas apart from their families and loved ones.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 570) Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates.
(Sec. 571) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, to complete a line-of-duty determination with respect to the assault.
(Sec. 572) Directs each department Secretary to: (1) establish a record on the disposition of any unrestricted report of sexual assault involving a member, whether such disposition is court martial, nonjudicial punishment, or other administrative action; and (2) require the processing for administrative separation of any member convicted of a sexual offense who is not otherwise discharged in connection with such conviction. Requires the commander of every command and other specified units to conduct an organizational climate assessment within 120 days after the commander assumes command, and annually thereafter. Requires DOD to: (1) post and widely disseminate information about resources available to report and respond to sexual assaults, including hotline phone numbers and available websites; and (2) conduct a general education campaign to notify members of authorities available for the correction of military records containing retaliatory personnel action after making a report of sexual assault or harassment. Provides additional requirements regarding the disposition of records of sexual assault reports, including that all such records be retained for at least 20 years.
(Sec. 573) Directs each military department Secretary to establish special victim capabilities for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Directs the Secretary to: (1) prescribe standards for the training, selection, and certification of personnel who will provide such capabilities; and (2) submit to the defense committees the plans and timelines of the military departments for establishing such capabilities, as well as an assessment of such plans and timelines.
(Sec. 574) Amends the NDAA for Fiscal Year 2012 to direct the Secretary to 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. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component.
(Sec. 575) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault.
(Sec. 576) Directs the Secretary to establish an independent panel to review and assess: (1) UCMJ judicial proceedings involving sexual assault and related offenses for purposes of developing potential improvements to such proceedings, and (2) such proceedings since the amendments made to the UCMJ by the NDAA for Fiscal Year 2012, for the same purposes. Outlines panel duties, and requires panel reports to the Secretary and the defense committees during FY2013-FY2017. Terminates the panel at the end of FY2017.
(Sec. 577) Requires, at the request of a member, certain DOD sexual assault forms and records to be retained for at least 50 years.
(Sec. 578) Directs the Secretary to develop a policy to require a general or flag officer to review the circumstances of, and grounds for the proposed involuntary separation of, any member who: (1) makes an unrestricted report of a sexual assault, (2) within one year thereafter, is recommended for involuntary separation, and (3) requests a review on the grounds that the proposed separation was initiated in retaliation for making such report. Requires the Secretary to submit such policy to the defense committees.
(Sec. 579) Directs the Secretary to develop and submit to the defense committees: (1) a policy to prevent and respond to sexual harassment in the Armed Forces, and (2) a plan to collect information and data regarding substantiated incidents of sexual harassment involving members.
Subtitle I: Suicide Prevention and Resilience - (Sec. 580) Directs the Secretary to establish a position for the oversight of all DOD suicide prevention and resilience programs.
(Sec. 581) Directs the Secretary to 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 the NDAA for Fiscal Year 2008. Terminates such program on October 1, 2017. Repeals a superseded provision of the NDAA for Fiscal Year 2008.
(Sec. 582) Directs the Secretary to develop within DOD a comprehensive policy on the prevention of suicide among members.
(Sec. 583) Directs the Secretary of the Army to conduct a study through FY2014 of resilience programs within the Army in order to assess the effectiveness of the current Army comprehensive soldier and family fitness program while verifying current Army means of reducing trends in high-risk or self-destructive behavior and training members to manage stressful or traumatic situations through resilience strategies and techniques. Requires such Secretary to report to the defense committees on such study.
Subtitle J: Other Matters - (Sec. 584) Authorizes the Secretary concerned to issue a prisoner-of-war medal to any person who, while serving in any capacity with the Armed Forces, was held captive under circumstances which such Secretary finds were comparable to those under which persons have generally been held captive by enemy forces during periods of armed conflict.
(Sec. 585) Makes technical amendments relating to the termination of the Armed Forces Institute of Pathology.
(Sec. 586) Removes the requirement that the Secretary publish semiannually in the Federal Register a list of institutions of higher education that are ineligible for DOD contracts and grants by reason of preventing ROTC access or military recruiting on its campus.
(Sec. 587) Authorizes the Secretary concerned to accept gifts and services that benefit the education of members and their families, as well as voluntary services to facilitate accounting for missing persons.
(Sec. 588) Directs the Secretary to ensure that whenever the official flags of all 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands.
(Sec. 589) Requires the Secretary, upon determining that it is in the best interests of DOD to increase the maximum number of defense industry employees enrolled in the Naval Defense Development Program or the Air Force Institute of Technology, to submit to the defense committees a request for such increase.
(Sec. 590) Extends through FY2013 VA authority for a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutional living.
(Sec. 591) Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries.
(Sec. 592) Directs the Secretary to report to the defense committees on certain investigations and reviews conducted with respect to the improper handling and preparation of the remains of deceased members and civilians at the Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base, Delaware.
(Sec. 593) Directs the Secretary, in order to preserve the editorial and management independence of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region remote from the Defense Media Activity at Fort Meade, Maryland. Requires the Secretary to report to the defense committees on the implementation of such requirement.
(Sec. 594) Requires the Director of the American Folklife Center at the Library of Congress to carry out a national public awareness and participation campaign for such Center's Veterans' History Project.
(Sec. 595) Directs the Secretary to submit to the defense committees a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System.
(Sec. 596) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated the National Song of Military Remembrance.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel.
(Sec. 602) Extends through 2013 DOD authority to provide a temporary increase in the rate of the basic allowance for housing (BAH) for housing located in a major disaster area or an area which contains one or more military installations experiencing a sudden increase in assigned personnel.
(Sec. 603) Entitles to a BAH a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member.
(Sec. 604) Requires the rate of BAH paid to a reserve member who performs active National Guard and reserve duty to be based on the member's permanent duty station, even when such member is mobilized for service on active duty other than active Guard and reserve duty. Requires such member to retain such permanent duty station-based BAH during transitions in service from active Guard and reserve duty to other active duty, so long as the member remains on active duty without a break in service. Allows members currently receiving a BAH rate higher than that provided in this section to continue to receive the higher rate until they are reassigned to another permanent duty station. Authorizes the Secretary concerned, in such latter cases, to continue to pay the higher rate at the new duty station to ensure fairness and equity or to serve the best interests of the United States.
(Sec. 605) Directs the Secretary concerned to make a payment to each member who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s).
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2012 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty to one in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances - (Sec. 621) Authorizes the payment of a travel and transportation allowance for a member of the Selected Reserve who is involuntarily separated due to force structure reductions between October 1, 2012, and December 31, 2018, and subsequently fills a critical vacancy in another Selected Reserve unit located more than 150 miles from the member's residence. Allows such payment to include an allowance for dependents and household effects.
(Sec. 622) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty personnel; (2) reserve members holding a valid Uniformed Services Identification and Privilege Card; (3) retired members who, but for not attaining age 60, would be eligible for military retired pay; and (4) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness. Provides a special priority for retired members (and one accompanying dependent) residing in a U.S. commonwealth or possession who need certain health care services not readily available in their location.
Subtitle D: Benefits and Services for Members Being Separated or Recently Separated - (Sec. 631) Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation.
(Sec. 632) Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation.
Subtitle E: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
(Sec. 642) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
Subtitle F: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 651) Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores.
(Sec. 652) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
Subtitle G: Military Lending - (Sec. 661) Applies the prohibition against charging out-of-state members higher interest rates on loans than what is permitted for residents of such state to other forms of consumer credit regulated by the Secretary for the credit protection of members. Includes the Bureau of Consumer Financial Protection among those federal financial regulators with whom the Secretary is required to consult with concerning member credit protection.
(Sec. 662) Provides civil relief for violations of the protections on consumer credit extended to members and their dependents, including actual and punitive damages as well as equitable and declaratory relief. Requires the enforcement of protections on consumer credit for members and their dependents through agencies specified under the Truth in Lending Act.
(Sec. 663) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care.
Subtitle H: Military Compensation and Retirement Modernization Commission - (Sec. 672) Establishes as an independent entity in the executive branch the Military Compensation and Retirement Modernization Commission to: review the military compensation and retirement systems in light of their current elements, force management objectives, and changes in life expectancy and the labor force; and (2) develop recommendations for modernizing such systems. Requires the Commission, prior to making such recommendations, to examine all federal laws and policies concerning direct benefit payments made to members, veterans, and their family members, as well as laws and policies affecting various VA programs and benefits. Directs: (1) the President to establish and transmit to the Commission and Congress principles for modernizing such systems; (2) the Secretary to transmit to the Commission recommendations for such modernization; (3) the Commission to conduct public hearings on such recommendations; and (4) the Commission to report its findings and conclusions to the President.
(Sec. 675) Directs the President, within 60 days after receiving the Commission's report, to transmit to the Commission and Congress a report containing the approval or disapproval of Commission recommendations. Allows for revised recommendations by the Commission in the case of presidential disapproval.
(Sec. 676) Provides for a Commission Executive Director. Terminates the Commission 26 months after its establishment. Provides Commission funding.
Subtitle I: Other Matters - (Sec. 681) Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty.
(Sec. 682) Directs the VA Secretary to submit to the defense and veterans committees a plan to reduce the backlog of pending claims for VA benefits and to more efficiently process such claims.
Title VII: Health Care Provisions - Subtitle A: TRICARE and Other Health Care Benefits - (Sec. 701) Directs the Secretary, beginning on the date of enactment of this Act and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated without cause.
(Sec. 702) Authorizes the Secretary to implement procedures to place selected over-the-counter drugs on the DOD pharmacy benefits program's uniform formulary and make such drugs available to eligible beneficiaries. Allows such a drug to be selected and included only if DOD's Pharmacy and Therapeutics Committee finds that it is cost- and clinically-effective.
(Sec. 703) Revises provisions concerning mental health assessments of members deployed in support of a contingency operation to extend one of the periods during which such assessments are required.
(Sec. 704) Allows the use of DOD funds for abortions in cases of rape or incest.
(Sec. 705) Directs the Secretary to: (1) conduct a one-year pilot program for the treatment of autism spectrum disorders, including applied behavior analysis, and (2) report program results to the defense committees.
(Sec. 706) Authorizes the Secretary, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program to enhance DOD efforts in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Requires a pilot program report from the Secretary to the VA Secretary and the defense and appropriations committees.
(Sec. 707) Expresses the sense of Congress that: (1) members and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service, as do those who have been medically retired; and (2) access to quality health care services during retirement is an earned benefit in acknowledgment of such service and sacrifices.
Subtitle B: Health Care Administration - (Sec. 711) Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above.
(Sec. 712) Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay. Authorizes the Secretary to increase such copayments as of the beginning of FY2022.
(Sec. 713) Includes within medical malpractice provisions of the Federal Tort Claims Act DOD subcontractors providing health care services under personal services contracts.
(Sec. 714) Amends the NDAA for Fiscal Year 1996 to require an ongoing evaluation of the effectiveness of the TRICARE program to include its impact on members and their dependents, military retirees (current law) and their dependents, dependent children under age 21, and dependents of members on active duty with severe disabilities and chronic health care needs.
(Sec. 715) Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Assistant Secretary of Defense for Health Affairs to assess the effectiveness of any process so developed.
(Sec. 716) Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017.
Subtitle C: Mental Health Care and Veterans Matters - (Sec. 723) Directs the Secretary to enter into a joint MOU with the VA Secretary providing for: (1) the DOD-VA sharing of the results of examinations and records under the medical tracking system for members deployed overseas, and (2) certain combat-experienced former members to be considered for employment as VA peer counselors.
(Sec. 725) Directs the Secretary to: (1) provide for the translation of research on the diagnosis and treatment of mental health conditions into policy on medical practices, and (2) report to the defense committees on such translation.
(Sec. 726) Directs the VA Secretary to: (1) develop and implement measures to assess VA mental health care services, as well as guidelines for the staffing of such services; and (2) report semiannually to the veterans committees on progress in developing and implementing such measures and guidelines.
(Sec. 727) Expands the Vet Center program of counseling to former members who served on active combat duty to include the furnishing of counseling to their family members.
(Sec. 728) Establishes in the Veterans Health Administration the Readjustment Counseling Service, to provide veterans' readjustment counseling and associated services. Requires an annual Service activities report from the VA Secretary to the veterans committees.
(Sec. 729) Directs the VA Secretary to carry out a national outreach program to recruit mental health providers to provide such services for the VA on a part-time, no-compensation basis.
(Sec. 730) Requires (under current law, authorizes) the VA Secretary to carry out a counseling program for veteran peer counselors. Requires such program, as well as peer outreach and peer support services, to be carried out at each VA medical center.
Subtitle D: Reports and Other Matters - (Sec. 731) Directs the Secretary to: (1) develop a detailed plan for implementing reforms to the governance of the military health system, as described in a March 2012 DOD memorandum; and (2) provide phased reports to the defense and appropriations committees on such plan. Limits the availability of certain DOD O&M funds until the submission of such reports. Requires CG review of the submitted plan.
(Sec. 732) Requires a report from the Secretary to the defense committees setting forth DOD policy on the future availability of TRICARE Prime for eligible beneficiaries in all TRICARE regions.
(Sec. 733) Amends the NDAA Act for Fiscal Year 2012 to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members.
(Sec. 735) Directs the Secretary to: (1) conduct a study on DOD health care and related support provided to dependent children of members, and (2) report on such review to the defense and appropriations committees.
(Sec. 736) Directs the Secretary to submit to the defense and appropriations committees a strategy, including a detailed timeline, to refine, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries.
(Sec. 737) Directs the Secretary to conduct a study on the incidence of breast cancer among members serving on active duty and report study results to the defense and appropriations committees.
(Sec. 738) Requires the Secretary to: (1) establish a policy containing uniform performance outcome measurements to be used by each department Secretary in tracking and monitoring members participating in Warriors in Transition programs, (2) establish metrics and milestones for such members, and (3) provide an initial and and five subsequent annual reports to the defense and appropriations committees on the policy established and each department's performance under the policy.
(Sec. 739) Expresses the sense of Congress in support of VA and DOD efforts to educate members and veterans and their families, the medical community, and the public with respect to the causes, symptoms, and treatment of PTSD. Directs the Secretary to submit to the defense committees a plan to improve the coordination and integration of DOD programs that address TBI and the psychological health of members.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the NDAA for Fiscal Year 2008 to exempt DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act).
(Sec. 802) Directs the Secretary, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to issue guidance and regulations to ensure that when an offeror for a contract or a task or delivery order informs such agency that the offeror intends to award subcontracts for more than 70% of the contract value, the contracting officer will be required to: (1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with the subcontractor that will perform the bulk of the work, (2) make a written determination that the contracting approach selected is in the best interests of the government, and (3) document the basis for such determination.
(Sec. 803) Allows amounts from the Defense Acquisition Workforce Development Fund to be used for temporary acquisition personnel only for training such personnel in the performance of acquisition-related functions and duties. Extends through FY2017 DOD authority for the expedited hiring of acquisition workforce personnel. Requires the Under Secretary to develop an implementation plan for the limited funding authority for the temporary personnel.
(Sec. 804) Directs the Secretary to review, and modify as necessary, the profit guidelines in Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to identify any modifications necessary to ensure an appropriate link between contractor profit and contractor performance.
(Sec. 805) Amends the NDAA for Fiscal Year 2008 to: (1) repeal the requirement of DOD Inspector General follow-up reports on internal controls for procurements made by DOD through certain non-defense federal agencies; and (2) authorize (under current law, direct) the inspectors general of DOD and the non-defense agencies to enter into a MOU concerning their review and determinations with respect to such internal controls.
(Sec. 806) Amends the Skelton Act to extend through FY2018 a pilot program on the management of DOD supply chain risk. Requires the Secretary to: (1) establish criteria for measuring the effectiveness of the program, as well as its implementation; and (2) report to Congress on such effectiveness and implementation.
(Sec. 807) Expresses the sense of Congress in support of: (1) DOD efforts to implement the Item Unique Identification Initiative (Initiative) (the marking and tracking of assets deployed throughout the Armed Forces or in the possession of DOD contractors), (2) measures to verify contractor compliance with DOD-FAR regulations on unique identification, (3) DOD adoption and implementation of Initiative actions and milestones, and (4) DOD capture and use of Initiative meaningful data and benefits.
Subtitle B: Provisions Relating to Major Defense Acquisition Programs - (Sec. 811) Directs the Secretary to modify acquisition regulations to prohibit DOD from entering into cost-type contracts for the production of major defense acquisition programs (MDAPs). Provides an exception when the Under Secretary certifies that such a contract is needed to provide a required capability in a timely and cost-effective manner. Applies such requirements to MDAP production contracts entered into on or after October 1, 2014.
(Sec. 812) Requires: (1) the Under Secretary to review acquisition guidance to ensure that program managers for MDAPs are preparing estimates of potential termination liability for contracts with a potential liability of $100 million or more, and (2) the CG to report to the defense and appropriations committees on the extent to which DOD is considering such potential liability as a factor in entering into and terminating such contracts.
(Sec. 814) Amends the Weapon Systems Acquisition Reform Act of 2009 to repeal the requirement to review ongoing MDAPs initiated before the enactment of DOD milestone B certification and approval process requirements.
Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 821) Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years.
(Sec. 822) Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items.
(Sec. 823) Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using appropriate predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels.
(Sec. 824) Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program.
(Sec. 825) Amends the Weapon Systems Acquisition Reform Act of 2009 to require the Secretary to take certain actions to ensure appropriate competition at the MDAP subcontract level, including, where appropriate, breaking out a major subsystem, conducting a separate competition for the subsystem, and providing the subsystem to the prime contractor as government-furnished equipment.
(Sec. 826) Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms.
(Sec. 827) Provides additional whistleblower protections for defense contractor employees, including: (1) extending such protection to subcontractor employees; (2) adding as a valid disclosure an abuse of authority relating to a DOD or NASA contract or grant; (3) specifying the individuals and officials to whom such disclosures may be made, including management officials of the contractor or subcontractor; (4) extending coverage to reprisal actions taken in concert with the contracting agency; (5) conforming standard-of-proof requirements to those applicable for federal employees; (6) prohibiting whistleblower protections from being waived by an arbitration agreement; and (7) excepting from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community.
(Sec. 828) Prohibits an employee of a federal (non-defense) contractor, subcontractor, or grantee from being discharged, demoted, or otherwise discriminated against for disclosing to specified persons or bodies information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract. Includes as appropriate persons or bodies for such disclosure a Member of Congress, an inspector general, the Government Accountability Office (GAO), a federal employee responsible for contract or grant oversight or management, an authorized official of the Department of Justice (DOJ) or other law enforcement agency, a court or grand jury, or a management official or other employee of the contractor, subcontractor, or grantee responsible for investigating, discovering, or addressing misconduct. Outlines procedures for the investigation of such complaints (with a three-year statute of limitations), remedy and enforcement authority through the appropriate inspector general, and judicial review through the appropriate appellate court. Excepts from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community. Terminates such requirements four years after the enactment of this Act. Directs the CG to evaluate the implementation of such requirements and report results to Congress.
(Sec. 829) Directs the Secretary to review current personal conflict-of-interest limitations on DOD contractor employees to determine whether such limitations should be placed on contractor personnel performing: (1) functions other than acquisition functions that are closely associated with inherently governmental functions, (2) personal services contracts, or (3) contracts for staff augmentation services.
(Sec. 830) Repeals the September 30, 2016, sunset for DOD authority to file bid protests for task and delivery orders in excess of $5 million.
(Sec. 831) Directs: (1) the Under Secretary to issue guidance on the use of DOD authority to evaluate the reasonableness of contractor prices, and (2) the CG to review certain acquisition cost or pricing data and report to the defense and appropriations committees on the need for additional information to determine price reasonableness.
(Sec. 832) Requires the Director of the Defense Contract Audit Agency to issue revised guidance on Agency auditor access to contractor internal audit reports and supporting materials. Requires such guidance to: (1) ensure that requests for access to contractor internal audit reports are appropriately documented, and (2) include appropriate safeguards to ensure the protection and confidentiality of such reports. Directs the CG to review the access documentation and report review results to the defense and appropriations committees.
(Sec. 833) Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts.
Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations - (Sec. 841) Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Repeals an expired reporting requirement.
(Sec. 842) Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations.
(Sec. 843) Directs the Secretary to issue guidance establishing the chain of authority and responsibility within DOD for policy, planning, and execution of operational contract support.
(Sec. 844) Directs the Secretaries of Defense and State and the USAID Administrator to each issue guidance regarding data collection on contract support for future contingency operations outside the United States that involve combat operations. Requires the CG to review the data collection systems established to track contractor data and report review results to the defense, appropriations, and foreign relations committees.
(Sec. 845) Requires the DOD military readiness reporting system to measure, on an annual basis, the capability of operational contract support for current and anticipated wartime missions. Makes the JCS Chairman responsible for determining the operational contract support requirements of the Armed Forces and recommending appropriate resources therefor. Requires the curriculum for each phase of joint professional military education to include courses relating to operational contract support, including such support for contingency operations.
(Sec. 846) Directs the Secretary to require that a risk assessment on reliance on contractors be included in operational or contingency plans developed by a commander of a combatant command. Requires the head of each appropriate defense agency, no later than six months after the designation or commencement of a contingency operation outside the United States that is expected to or includes combat operations, to perform a risk assessment and develop a risk management plan for operational and political risks associated with contractor performance of critical functions in support of such operation for that agency. Provides an exception to such assessment and plan requirement for an operation that is not expected to continue for more than a year or one whose operational support contract amount is not expected to exceed $250 million.
(Sec. 847) Amends the NDAA for Fiscal Year 2008 to extend until February 1, 2015, DOD reports on contracting in Iraq and Afghanistan. Repeals CG review of such reports.
(Sec. 848) Amends the Inspector General Act of 1978 to provide additional responsibilities for the Chair of the Council of Inspectors General on Integrity and Efficiency upon the commencement or designation of an overseas contingency operation that exceeds 60 days, including the designation of a lead Inspector General among the inspectors general of DOD, the Department of State, and USAID. Provides lead Inspector General duties in such cases, including developing and carrying out an annual joint-strategic plan for operation oversight, and reporting biannually to Congress on the activities of the lead Inspector General and the other inspectors general during such operation.
(Sec. 849) Expands the responsibilities of chief acquisition officers in federal agencies to include oversight of contracts and contracting activities for overseas contingency operations.
(Sec. 850) Directs the Secretary of State and the USAID Administrator to submit to specified congressional committees an assessment of their departments' policies governing contract support for overseas contingency operations. Requires a related CG report on the progress of such departments in implementing changes and improvements to such policies.
(Sec. 851) Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged to the federal government under government contracts, in order to assist federal agencies in evaluating offers for contracts which include such items and services.
(Sec. 852) Requires information on a corporation that is included in a required federal database concerning the integrity and performance of entities awarded federal contracts or grants to include information on any parent, subsidiary, or successor entity of such corporation as appropriate for better understanding the performance of such corporation.
(Sec. 853) Directs the Federal Acquisition Regulatory Council to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used by executive agencies for making source selection decisions. Requires FAR to be revised to require that affected contractors: (1) are notified of the information to be so included; and (2) given up to 14 days to submit comments, rebuttals, or additional information on their behalf. Directs the CG to report to specified congressional committees on Council actions taken pursuant to this section.
Subtitle E: Other Matters - (Sec. 861) Outlines specified requirements and limitations for suspension and debarment officials, including: (1) maintaining at least one official for each military department, the Defense Logistics Agency, the Department of State, and the USAID; (2) that each official not be subject to the supervision or control of the acquisition office or inspector general of either DOD or the department or agency concerned; (3) that each official document the basis for any final decision taken pursuant to a formal suspension or debarment referral; and (4) that each official develop written policies for the consideration of referrals and of suspension and debarment matters that are not formally referred. Requires the Interagency Committee on Debarment and Suspension to submit annually a summary of suspensions, debarments, and administrative agreements during the previous year.
(Sec. 862) Requires the Secretary and the Administrator of the Office of Federal Procurement Policy to: (1) establish uniform standards, requirements, and rules for processing DOD procurement requests, contracts, receipts, and invoices; (2) establish and maintain one or more electronic contract writing systems that conform with such standards, requirements, and rules; and (3) require the use of electronic contract writing systems approved for all contracts entered into by DOD or executive agencies. Provides a phase-in of the approved systems. Requires a report from the Secretary and the Administrator to specified congressional committees on the requirements of this section.
(Sec. 863) Amends the NDAA for Fiscal Year 1994 to extend through FY2018 DOD authority to carry out projects relevant to weapons or weapon systems proposed to be acquired or developed by DOD through transactions other than contracts, grants, or cooperative agreements.
(Sec. 864) Requires the CG to report to Congress on the effect of reducing the allowable costs of contractor compensation to the annual amount paid to the President.
(Sec. 865) Requires annual reports, after each of FY2013-FY2016, from the Secretary to the defense, budget, and appropriations committees on the use of indemnification agreements within defense contracts.
(Sec. 866) Requires the Secretary to submit to the defense and appropriations committees a plan to increase the number of contractors eligible to be awarded contracts under the Air Force Network-Centric Solutions-2 indefinite delivery and quantity contract.
(Sec. 867) Directs the CG to include in a required annual GAO report a list of the most common grounds for sustaining protests relating to bids for contracts.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises responsibilities of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy with respect to the defense industrial base, its supply chain, and supply chain vulnerability throughout, from suppliers to producers of major end items. Adds as additional responsibilities: (1) coordinating with the Director of Small Business Programs on matters relating to industrial base policy; (2) ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements; and (3) establishing DOD policies for continued reliable resource availability from secure sources. Revises the composition of the Strategic Materials Protection Board to include: (1) the DAS, who shall be the chairman; and (2) the Administrator of the Defense Logistics Agency Strategic Materials, who shall be vice-chairman.
(Sec. 902) Directs the Secretary to designate a senior official as the principal official responsible for leading DOD's actions on urgent operational needs and rapid acquisition.
(Sec. 903) Requires the Secretary to: (1) designate a senior DOD official for coordination and management oversight of data conversion for all DOD enterprise resource planning systems, and (2) set forth the responsibilities of that official with respect to such data conversion.
(Sec. 904) Provides that the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation (Deputy) shall report directly to the Under Secretary, without the interposition of any other supervising official. Requires the President, in the annual budget, to include a separate statement of expenditures and proposed appropriations for that fiscal year for activities of such Deputy. Requires consultation with such Deputy: (1) with respect to a required annual DOD report on critical technologies, and (2) during an MDAP certification process. Requires such Deputy's annual report to include a separate section covering activities of the DOD Test Resource Management Center. Requires an annual report, for FY2013-FY2018, from the Under Secretary to the defense and appropriations committees on each case in which a MDAP proceeded to either implementation of a test and evaluation master plan or to initial operational testing and evaluation notwithstanding negative determinations to do so by the Deputy.
(Sec. 905) Directs the Secretary to: (1) define for purposes of joint doctrine the terms "preparation of the environment" and "operational preparation of the environment"; and (2) report to the defense committees on the defined terms.
(Sec. 906) Requires military departments and defense agencies to submit to DOD's Deputy Chief Management Officer information on covered defense business system programs as necessary for a defense business system investment review.
Subtitle B: Space Activities - (Sec. 911) Directs the Under Secretary to report to the defense and appropriations committees on each major satellite acquisition program that assesses the integration of schedules for the acquisition and delivery of the capabilities of components for the program, as well as its funding. Requires the Milestone Decision Authority of each such program to include such report as part of the documentation used to approve program acquisition. Directs the Under Secretary to notify such committees in the event of the non-integration of the acquisition and capability delivery schedules of any such program. Requires annual updates until the earlier of five years or the date when the program is no longer non-integrated. Directs the CG to review and report to the defense and appropriations committees on any program that is still non-integrated after such deadline.
(Sec. 912) Authorizes the Secretary to: (1) maximize the use of DOD space transportation infrastructure (STI) by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Authorizes the Secretary to enter into contracts with such entities, and to accept contributions toward authorized activities. Establishes the Defense Cooperation Space Launch Account for the above purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 913) Requires, at the same time that the United States becomes a signatory to a binding agreement concerning an international code of conduct for outer space activities: (1) the President to certify to Congress that such agreement has no effect or basis for limiting U.S. activities in outer space; and (2) the Secretary, the JCS Chairman, and the Director of National Intelligence (DNI) to certify to the defense and appropriations committees that such agreement will be equitable, enhance national security, and have no significant military impact on U.S. ability to conduct military or intelligence activities in space. Prohibits any such actions having a significant military impact except pursuant to the President's treaty-making power. Requires related congressional briefings and notifications with respect to non-legally binding international agreements. Directs the Secretary and the DNI to report annually to Congress on the counter-space programs of foreign countries.
(Sec. 914) Places the Operationally Responsive Space Program Office within the Air Force Space and Missile Systems Center. (Under current law, such Office is under DOD.) Directs the Secretary to establish the Operationally Responsive Space Executive Committee to provide coordination, oversight, and approval of Office projects.
(Sec. 915) Directs the Secretary to report to the defense, appropriations, and intelligence committees on overhead persistent infrared technology requirements of DOD and the intelligence community. Requires the CG to assess such report and submit assessment results to the defense and appropriations committees.
(Sec. 916) Directs the Under Secretary to: (1) conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for the launch vehicles under the evolved expendable launch vehicle program, and (2) report assessment results to the defense and appropriations committees.
(Sec. 917) Directs the Secretary to report to Congress on key space technologies that could be used, or are being sought, by a foreign country with a counter-space or ballistic missile program, and which therefore should be subject to export controls by the United States or its ally.
Subtitle C: Intelligence-Related Activities - (Sec. 921) Authorizes the DNI to provide geospatial intelligence support to regional organizations with defense or security components, and to security alliances of which the United States is a member. Requires the Director of the National Geospatial-Intelligence Agency (NGIA) to report annually to the defense, appropriations, and intelligence committees on the imagery intelligence or geospatial information support that such Director provides to a regional organization or security alliance.
(Sec. 922) Makes technical amendments to reflect the change in the name of the National Defense Intelligence College to the National Intelligence University.
(Sec. 923) Requires the Secretary of the Army to direct the Army Systems Acquisition Review Council to review the Army's distributed common ground system, and report review results to the defense and appropriations committees.
(Sec. 924) Directs the JCS Chairman to submit to the Congressional Budget Office (CBO) a report describing DOD peacetime and wartime requirements for electro-optical imagery. Requires the CBO Director to submit a report assessment to the defense, appropriations, and intelligence committees. Provides funding for the service level agreements.
(Sec. 925) Prohibits the number of military and civilian personnel serving in DOD and conducting or supporting human intelligence from exceeding the number of such positions as of April 20, 2012. Requires the Secretary, if such number exceeds such limit as of the date of enactment of this Act, to take action to promptly reduce such number to reach such limit. Provides an exception if the Secretary submits to the defense, appropriations, and intelligence committees a comprehensive justification therefor. Requires: (1) the DOD Director of Cost Assessment and Program Evaluation to submit to such committees a comprehensive estimate of the costs of the Defense Clandestine Service; and (2) the Under Secretary of Defense for Intelligence to also submit a report on such Service, including information on deployments and the management of case officers.
Subtitle D: Cyberspace-Related Matters - (Sec. 931) Directs the Secretary to submit to the defense and appropriations committees: (1) a strategy for implementing the Joint Information Environment, and (2) a DOD-wide personnel plan for making such Environment operational.
(Sec. 932) Requires the DOD CIO to develop and submit to Congress a strategy to acquire next-generation host-based cybersecurity tools and capabilities for DOD.
(Sec. 933) Directs the Under Secretary to: (1) develop and implement a baseline software assurance policy for the entire lifecycle of computer software acquired for DOD critical information, business, and weapons systems; (2) collect data on, and measure the effectiveness of, such policy; and (3) brief the defense and appropriations committees on additional means of improving software assurance and vulnerability detection.
(Sec. 934) Directs the Under Secretary to: (1) develop an inventory of all DOD data link systems in use and in development; (2) conduct an analysis of whether such systems' upgrade, new deployment, or replacement should be open to competition; (3) develop, for the appropriate systems, a plan to achieve such competition; (4) prepare, for the appropriate systems, a justification of those that should not be open to competition; and (5) submit to Congress any plan developed under (3) above.
Sec. 935) Authorizes the DOD CIO to use available funding and capabilities of the Community Data Center of the Defense Information Systems Agency to develop and demonstrate collection, processing, and storage technologies for DOD network flow data, especially with respect to cybersecurity threats and assessments.
(Sec. 936) Directs the Secretary to: (1) conduct an analysis of large-scale software database tools and data analysis tools that could be used to meet current and future DOD needs for large-scale data analytics, and (2) submit analysis results to the defense and appropriations committees. Provides that if, following such analysis, the DOD CIO identifies needs for such tools, then DOD shall acquire them based on market research and using competitive procedures. Requires the DOD CIO to notify such committees of any election to acquire such tools using procedures other than competitive procedures.
(Sec. 937) Directs the DOD CIO to issue a plan for the inventory of selected DOD software licenses. Requires the Secretary, upon a determination that the number of such licenses exceeds DOD needs, to implement a plan to bring such number into balance with DOD needs.
(Sec. 938) Expresses the sense of Congress that DOD: (1) must ensure full visibility and adequate control of its supply chain, including subcontractors, in order to mitigate supply chain exploitation; and (2) needs the authority and capability to mitigate supply chain risks to its information technology systems that fall outside the scope of national security systems.
(Sec. 939) Directs the Secretary to provide the defense committees with quarterly briefings on all offensive and significant defensive military operations in cyberspace. Requires the initial briefing no later than March 1, 2013.
(Sec. 940) Expresses the sense of Congress that Congress: (1) recognizes the serious cyber threat to national security and the need to protect the nation's networks and critical infrastructure, (2) acknowledges the importance of DOD's unified command structure and recognizes that a change in the status of the U.S. Cyber Command has department-wide and national security implications, (3) expects to be briefed and consulted about any proposal to elevate such Command to a unified command at the time that the Secretary makes such a proposal to the President, and (4) believes that appropriate policy foundations and standing rules of engagement must be in place before any decision to create a unified U.S. Cyber Command.
(Sec. 941) Directs the Secretary to: (1) establish a procedure by which cleared defense contractors shall report to a designated DOD component when a designated network or information system of such contractor is successfully penetrated, and (2) designate a senior official to establish criteria for the appropriate networks or information systems that shall be subject to such reporting process.
Subtitle E: Other Matters - (Sec. 951) Requires the JCS Chairman to identify, assess, and approve military requirements to meet the national military strategy, and to ensure that life-cycle cost, schedule, and performance objectives are achieved in the acquisition of material solutions to meet such requirements. Requires the Joint Requirements Oversight Council to assist the JCS Chairman in such matters. Revises the roles of the chiefs of the military departments in the development and certification of requirements for equipping their respective military departments.
(Sec. 952) Provides additional responsibilities of the JCS Chairman with respect to the preparation and submission of the National Military Strategy, including an annual assessment of the risks associated with the most recent Strategy or update thereto.
(Sec. 953) Amends the Hunter Act to extend through FY2013 the authority of the Secretary to waive reimbursement of the costs of activities of regional centers for security studies with respect to personnel of nongovernmental and international organizations who participate.
(Sec. 954) Amends the David L. Boren National Security Education Act of 1991 to authorize the Secretary to establish and maintain within DOD a National Language Service Corps to provide a pool of nongovernmental personnel who agree to provide foreign language services to DOD or another federal department or agency. Directs the Secretary, if the Corps is established, to provide for a National Security Education Board to oversee and coordinate Corps activities. Authorizes the Secretary to impose fees for language services and technical assistance rendered by Corps personnel.
(Sec. 955) Directs the Secretary to ensure, through an efficiencies plan, that the civilian personnel workforce and service contractor workforce of DOD are appropriately sized to support and execute the National Military Strategy, taking into account military personnel and force structure levels. Requires the plan to ensure that savings in funding for such workforces from FY2012-FY2017 are at least equal to the percentage of savings in funding for military personnel pay achieved from military end strength reductions over the same period. Provides authorized exclusions. Requires an initial and subsequent status reports from the Secretary to the defense and appropriations committees on the plan, its implementation, and savings achieved. Expresses the sense of Congress that 30% of the savings achieved by the plan should be used for costs of assisting separated personnel in the transition from military service to civilian life. Directs the CG to review the initial and subsequent status reports, and report review results to such committees.
(Sec. 956) Amends the David L. Boren National Security Education Act of 1991 to include among individuals eligible for expedited federal hiring following completion of the national security education program those taking a position in the excepted service that is certified by the Secretary as contributing to the national security.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Expresses the sense of Congress that the chiefs of the military departments and the Commander of the U.S. Special Operations Command should submit to the defense and appropriations committees a list of any priority military programs or activities under their jurisdiction for which additional funds, if available, would substantially reduce operational or programmatic risk or accelerate the creation or fielding of a critical military capability.
(Sec. 1004) Authorizes the Secretary, if the amount authorized for NNSA weapons activities is less than the amount projected to be required for FY2013, to transfer up to $150 million of DOD-authorized funds to the Secretary of Energy for such purposes. Requires congressional notification of any such transfer.
(Sec. 1005) Amends the NDAA for Fiscal Year 2010 to require the statement of budgetary resources of DOD to be validated as ready for audit by no later than September 30, 2014. Directs the chief management officers of DOD and the military departments to ensure that plans to achieve such goal include appropriate steps to minimize one-time fixes and manual work-arounds, are sustainable and affordable, and will not delay full auditability of financial statements. Requires additional audit-related information in each semiannual report on the financial improvement and audit readiness plan required under such Act.
(Sec. 1006) Requires the Secretary to submit to Congress and make publicly available the total amount of all balances carried forward by DOD at the end of FY2012, as well as the total amount of any balances carried forward for five years or more as of the end of FY2012.
(Sec. 1007) Requires a report from the Under Secretary of Defense (Comptroller) to the defense and appropriations committees on the possible elimination, revision, or streamlining of reporting and regulatory requirements if DOD financial statements were audited with an unqualified opinion.
Subtitle B: Counter-Drug Activities - (Sec. 1008) Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to: (1) subtract one and add one to the authorized National Guard counterdrug schools, and (2) require an annual report from the Secretary to Congress on the activities of such schools.
(Sec. 1009) Directs the Secretary to submit semiannually to the defense and appropriations committees a description of the expenditure of funds from the Drug Interdiction and Counter-Drug Activities, Defense account, including with respect to the direct or indirect support of counter-drug activities of foreign governments. Terminates the report requirement at the end of FY2016.
(Sec. 1010) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2013 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1011) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2013 DOD authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities, and (2) 1998 to require biennial (rather than annual) certification of DOD support provided to certain foreign governments for counter-drug activities.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1013) Amends the NDAA for Fiscal Year 2008 to require the Secretary of the Navy (under current law, the Secretary of Defense) to notify the defense and appropriations committees when determining that it would be impractical for any new class of naval ships to be nuclear-powered.
(Sec. 1014) Prohibits more than 50% of Navy emergency and extraordinary expenses funds from being used until the Secretary includes in defense budget materials a naval vessel construction plan and certification.
(Sec. 1015) Directs the Chief of Naval Operations to submit to the defense and appropriations committees a description of the current Navy requirements for combatant vessels, including submarines. Requires additional information if the number of such vessels is less than 313.
(Sec. 1016) Requires such Chief and the Commandant of the Marine Corps to jointly submit to such committees an assessment of the Marine Corps Prepositioning Program-Norway and the capability of such Program to address any readiness gaps that will be created by termination of the Maritime Prepositioning Ship Squadron One in the Mediterranean. Prohibits funds from being used for a Maritime Prepositioning Ship squadron termination until such report is submitted.
(Sec. 1017) Expresses the sense of Congress that: (1) the sea services of the United States should be funded and maintained to provide the broad spectrum of capabilities required to protect U.S. national security; (2) such capabilities should include the ability to project U.S. power anywhere on the globe, protect supply lines, land and recover maritime forces, operate from the subsurface, and prevent piracy at sea; and (3) the Secretaries of Defense and Homeland Security should maintain Navy and Coast Guard recapitalization plans, respectively, as a priority.
(Sec. 1018) Prohibits the Secretary of the Navy from announcing or implementing any proposal to name a Navy vessel until 30 days after submitting to the defense committees a notification of, and justification for, such naming.
Subtitle D: Counterterrorism - (Sec. 1021) Extends through FY2014 DOD authority to pay rewards for providing U.S. government personnel with information or nonlethal assistance in combating terrorism against the United States. Directs the Secretary to report to the defense and appropriations committees on future requirements and authorities to make such rewards.
(Sec. 1022) Prohibits FY2013 DOD funds from being used to construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo).
(Sec. 1023) Requires the DNI to submit to the defense, foreign relations, and intelligence committees over a six-year period an assessment of the factors that cause or contribute to the recidivism of Guantanamo detainees who are transferred or released to a foreign country.
(Sec. 1024) Directs the Secretary, within 30 days after first detaining an individual who is captured pursuant to the Authorization for Use of Military Force (AUMF) on a naval vessel outside the United States, to notify the defense committees of such detention. Directs the Secretary to notify such committees of the transfer or release of an individual prior to notification of their detention. Requires a report from the Secretary to such committees on the use of naval vessels for such detentions.
(Sec. 1025) Requires the Secretary to notify the defense and foreign relations committees at least 10 days prior to the proposed transfer of any individual detained pursuant to the AUMF who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the government of Afghanistan or any other country. Requires that an assessment be conducted with respect to each such individual, including the threat posed by the individual and the security environment of the transferee country.
(Sec. 1026) Directs the Secretary to report to the defense and foreign relations committees on the recidivism rates and related factors of individuals formerly detained at the Parwan Detention Facility.
(Sec. 1027) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1028) Prohibits the Secretary from using FY2013 DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security. Authorizes the Secretary, in assessing the risk of an individual engaging in a terrorist activity upon such a transfer or in assessing whether a national security waiver should be granted in connection with such a release, to consider the individual's cooperation with U.S. intelligence and law enforcement authorities while under custody or control.
(Sec. 1029) States that nothing in the AUMF or the NDAA for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus or any constitutional rights in a court ordained or established by or under Article III of the Constitution for any person inside the United States who would be entitled to such writ or rights in the absence of such laws.
Subtitle E: Nuclear Forces - (Sec. 1031) Requires reports on modifications of the nuclear weapons employment strategy to include the extent to which such modifications include an increased reliance on conventional or non-nuclear global strike capabilities or missile defenses of the United States. Requires the Secretary to: (1) annually brief the defense and appropriations committees on such strategy, plans, and options; and (2) notify such committees of anomalies in the U.S nuclear command, control, and communications system that are reported by the Secretary or the Nuclear Weapons Council. Recodifies related provisions.
(Sec. 1032) Requires at least 60 days advance notification to the defense and appropriations committees before the 2010 Nuclear Posture Review implementation study decisions are issued or implemented. Directs the President to submit to such committees the high-, medium-, and low-confidence assessments of the intelligence community as to whether the United States will have significant warning of a strategic surprise or breakout caused by foreign nuclear weapons development.
(Sec. 1033) Expresses the sense of Congress that the United States is committed to: (1) ensuring the safety, security, reliability, and credibility of its nuclear forces; (2) proceeding with a robust stockpile stewardship program and maintaining U.S. nuclear weapons production capabilities and capacities; (3) reinvigorating and sustaining its nuclear security laboratories and preserving core nuclear weapons competencies; and (4) providing necessary resources to achieve these objectives.
Amends the NDAA for Fiscal Year 2012 to require a report from the President to the defense, appropriations, and foreign relations committees in any year in which the President determines that an appropriations Act fails to meet the resource levels required in a plan for nuclear modernization activities referred to in the NDAA for Fiscal Year 2010. Directs the President to notify such committees at least 60 days in advance of any reduction in the number of deployed nuclear warheads (with an exception).
(Sec. 1034) Requires the President, during any year when recommending to reduce the number of nuclear weapons by greater than a de minimis amount, to certify to the defense and appropriations committees whether such reduction will cause the number of such weapons to be fewer than the high-confidence assessment of the number of such weapons in the active and inactive stockpiles of the Russian Federation. Provides that if the President makes a positive certification, then the President shall submit to such committees a report by the Commander of the U.S. Strategic Command detailing whether the reduction would create a strategic imbalance or degrade deterrence between the United States and the Russian Federation. Requires such report at least 60 days before carrying out any such reduction. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1035) Directs the President, beginning in FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in the NDAA for Fiscal Year 2010. Requires the President, in the case of a not-fully-funded determination, to require specified additional information in the next required report, including whether a loss of military capability will occur because of the insufficient funding. Requires the President to make the fully-funded certification at least 60 days before carrying out any proposed reductions in such delivery systems. Directs the President to also certify whether the Russian Federation is in compliance with arms control obligations with the United States.
(Sec. 1036) Requires the President, at least 60 days before recommending any reductions to U.S. nuclear forces, to provide the defense, appropriations, and foreign relations committees with certain information concerning the nuclear weapons capacity of foreign countries. Directs the Commander of the U.S. Strategic Command to certify to such committees that such reductions will not, among other things, impair the ability of the United States to address unplanned strategic or geopolitical events or technical challenges.
(Sec. 1037) Expresses U.S. policy on the reduction of Russian nonstrategic nuclear weapons and the U.S. extended deterrence commitment to Europe. Directs the President, upon any decision to reduce, consolidate, or withdraw U.S. nuclear forces in Europe, to submit to the defense and foreign relations committees a justification, as well as an assessment of how member nations of NATO will then assess the credibility of the U.S. deterrence capability in Europe. Requires such notification at least 60 days in advance of any such reduction, consolidation, or withdrawal (with an exception when done for the safety, reliability, and credibility of such weapons).
(Sec. 1038) Requires the President, prior to unilaterally changing the size of the U.S. nuclear weapons stockpile by more than 25%, to: (1) initiate a nuclear posture review, and (2) notify the defense and appropriations committees of review results.
(Sec. 1039) Makes the Nuclear Weapons Council responsible for coordinating and approving annual National Nuclear Security Administration (NNSA) budget proposals as well as priorities among NNSA activities. Requires an annual certification from the Council to Congress on whether amounts requested for the NNSA meets stockpile and stewardship requirements for such year and over four fiscal years.
(Sec. 1040) Establishes the Interagency Council on the Strategic Capability of the National Laboratories to, among other things, identify and consider the adequacy of the science, technology, and engineering capabilities of the national laboratories. Requires an activities report from the Council to Congress.
(Sec. 1041) Amends the NDAA for Fiscal Year 2012 to require, in an annual report concerning the nuclear weapons stockpile and associated systems, a detailed estimate of the budget requirements associated with sustaining and modernizing the nuclear deterrent of the United States and its nuclear weapons stockpile over the following 10-year period. Directs: (1) the CG to review each such report for accuracy and completeness, and report review results to the defense and appropriations committees; and (2) the CBO Director to submit cost estimates covering such 10-year periods.
(Sec. 1042) Directs the President to ensure that the Secretary submits to Congress a plan on the implementation of the New START Treaty, as required under the NDAA for Fiscal Year 2012, by no later than 60 days before the President carries out any reduction, conversion, or decommissioning of any strategic delivery system pursuant to the levels set forth under the Treaty.
(Sec. 1043) Requires the Secretary to report to the defense and appropriations committees on requirements necessary to ensure that the United States retains the ability to upload an ICBM with multiple nuclear warheads in the event that operational requirements, technical failures, or other decisions require such an ability.
(Sec. 1044) Directs the Secretaries of the Navy and Air Force to submit separate statements to the Nuclear Weapons Council on requirements for a combined or interoperable warhead for the W78 Minuteman III and W88 Trident II missile systems. Requires the Council to submit such requirements to the defense and appropriations committees.
(Sec. 1045) Directs the Commander of the U.S. Strategic Command to report to the defense, appropriations, and foreign relations committees on the underground tunnel network used by China as it relates to U.S. capability to use conventional and nuclear forces to neutralize such tunnels and what is stored there. Requires: (1) the Secretary to enter into an agreement with an FFRDC to conduct an assessment of the nuclear weapons program of China, and (2) the FFRDC to report assessment results to the above committees.
(Sec. 1046) Requires a report from the Secretary to the defense and appropriations committees on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability there.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1051) Authorizes the Secretary of the Army to loan or donate excess non-automatic service rifles to an organization, and to allow an organization to retain such rifles (other than M-1 rifles) for funeral and other ceremonial purposes.
(Sec. 1052) Directs the Secretary to collaborate with the Administrator of the Federal Aviation Administration (FAA) and the Administrator of the National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires the Secretary to report annually to Congress, until five years after the enactment of this Act, on the progress of collaborative research activity. Authorizes appropriations.
(Sec. 1053) Authorizes the Secretary to transfer surplus mine-resistant ambush-protected vehicles and their parts to non-profit U.S. humanitarian demining organizations. Requires 60 days' advance congressional notification before any such transfer.
(Sec. 1054) Requires the Secretary to notify the defense and appropriations committees of any request or requirement for military or DOD civilian personnel to enter into nondisclosure agreements that could restrict their ability to communicate with Congress.
Sec. 1055) Extends through 2020 DOD authority to provide certain business guarantees to carriers participating in the Civil Reserve Air Fleet program. Terminates a provision that limits carrier participation to the provision of passenger travel (thus allowing air cargo services).
(Sec. 1056) Authorizes the Secretary of the Air Force to extend or renew, for a conditional short term, aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program. Provides funding.
(Sec. 1057) Amends the Skelton Act to allow a member's health professional or commanding officer to inquire if the member owns or plans to acquire any firearms or other weapons, if such professional or officer reasonably believes that the member is at high risk for suicide or causing harm to others.
(Sec. 1058) Expresses the sense of Congress that the Joint Warfighting Analysis Center should have adequate resources to meet the continuing requirements of the combatant commands.
(Sec. 1059) Requires the Secretary of the Air Force to: (1) retain an additional 32 fixed-wing, intra-theater airlift aircraft beyond the number proposed in such Secretary's total force structure proposal provided to the defense and appropriations committees; and (2) ensure that the concept of Air Force direct support of the Army's time-sensitive or mission-critical intra-theater airlift mission is wholly incorporated into Air Force doctrine, strategy, tactics, and modeling and the Air Force core capabilities of agile combat support and rapid global mobility operations.
Subtitle G: Studies and Reports - (Sec. 1061) Directs the Secretary to review and update DOD guidance related to electronic warfare to ensure that oversight roles and responsibilities related to electronic warfare policy and programs are clearly defined. Amends the NDAA for Fiscal Year 2010 to add in a required report information on electronic warfare strategy performance measures.
(Sec. 1062) Requires the Secretary to submit to the defense and committees the operational capabilities, limitations, and shortfalls within DOD with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces.
(Sec. 1063) Directs the Secretary to report to the defense, appropriations, and transportation committees on the use of strategic airlift aircraft under the Civil Reserve Air Fleet program.
(Sec. 1064) Repeals a required biennial report on the Global Positioning System.
(Sec. 1065) Amends the NDAA for Fiscal Year 1998 to require additional information in annual reports on technology acquisition related to weapons of mass destruction and the threat posed by such weapons and ballistic and cruise missiles.
(Sec. 1066) Directs the Secretary of: (1) the Army to report to Congress on Army force structure, and (2) the Navy to report to the defense and appropriations committees on plans to implement efficiency initiatives to reduce overhead costs at all echelons of the Space and Naval Warfare Systems Command.
(Sec. 1068) Directs: (1) the Secretary to review U.S. defense program elements and policies with regard to the Asia Pacific region to determine the resources, equipment, and transportation required to meet strategic and operational goals, and to report review results to the defense and appropriations committees; (2) the JCS Chairman to prepare and submit to the Secretary an assessment of such review; and (3) the Secretary to report review results to the defense and appropriations committees.
(Sec. 1069) Directs the Secretary of the Interior to complete a study of water resources in the Rialto-Colton Basin, California, including: (1) a survey of groundwater resources in the Basin; and (2) a characterization of surface and bedrock geology of the Basin, including the effect of the geology on groundwater yield and quality. Requires such Secretary, upon study completion, to report results to the natural resources committees.
(Sec. 1070) Requires: (1) the DNI to submit to Congress an intelligence assessment of the Nigerian organization known as Boko Haram, and (2) the Secretaries of State and Defense to submit to Congress the U.S. strategy to counter the threat posed by such organization.
(Sec. 1071) Requires the Director of the Office of Science and Technology Policy to conduct a study on the ability of the DOD and NASA air and ground test and evaluation infrastructure and facilities, as well as related private facilities, to mature hypersonic technologies for defense systems development in the short and long term. Directs the Secretary to submit to the defense and science committees such study's results, together with a plan for requirements and proposed investments to meet DOD needs in such areas through 2030.
Subtitle H: Other Matters - (Sec. 1076) Makes technical and clerical amendments to various prior national defense authorization Acts and federal provisions. Repeals certain expired provisions.
(Sec. 1077) Expresses the sense of Congress that, on the occasion of the 20th anniversary of the establishment of the Air Mobility Command, the people of the United States should: (1) recognize its role in the nation's defense; and (2) appreciate its leadership and the more than 134,000 active-duty, Air National Guard and Air Force Reserve, and DOD civilians that make up such Command.
(Sec. 1078) Revises provisions of the United States Information and Educational Exchange Act of 1948 authorizing the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people and policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act. Amends the Foreign Relations Authorization Act of Fiscal Years 1986 and 1987 to remove statutory limitations on the ability of the Board and the State Department to provide information about their activities to the media, the public, or Congress.
(Sec. 1079) Directs the Secretary to: (1) brief the defense committees on the interagency process for coordinating and de-conflicting full-spectrum military cyber operations for the federal government, and (2) submit to the defense committees dedicated budget documentation materials to accompany the budget submissions for FY2015 and thereafter, including the DOD-wide budget estimate and planning data for such operations.
(Sec. 1080) Expresses the sense of Congress that: (1) unauthorized disclosures of classified information can threaten U.S. national security and foreign relations; (2) DOD has taken positive steps in improving protections against such disclosures, and should continue to do so; (3) other federal departments and agencies should undertake similar efforts; and (4) the Justice Department should investigate possible violations of federal law related to such disclosures, and responsible individuals should be prosecuted to the full extent of the law.
(Sec. 1081) Repeals statutory references to the United States Joint Forces Command (disestablished in August 2011).
(Sec. 1082) Expresses the sense of Congress: (1) that DOD should make every reasonable effort to increase the number of U.S. citizens who pursue advanced degrees in science, technology, engineering, and mathematics (STEM fields); and (2) strongly urging DOD to investigate innovative mechanisms to access the pool of talent of non-U.S. citizens with advanced scientific degrees from U.S. institutions of higher education, especially in those scientific and technical areas most vital to the national defense.
(Sec. 1083) Amends the Public Health Service Act to require the Director of the National Cancer Institute to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancers.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific research framework. Requires the Director to consider each relevant scientific framework developed under this section when making recommendations for exception funding for grant applications. Requires information on such research to be included in currently-required biennial reports from the Director. Requires the Director to submit a one-time report on implementation of the scientific research framework.
(Sec. 1084) Amends the federal criminal code to impose a fine, up to a one-year prison term, or both for the transportation in interstate or foreign commerce of goods, wares, or merchandise consisting of or including a veterans' memorial, headstone, marker, or related object valued at less than $1,000.
(Sec. 1085) Expresses the sense of Congress that: (1) the nation's mobile communications industry is a significant economic engine; (2) there is a pressing need for additional spectrum for mobile broadband services; (3) consideration should be given to the supply of spectrum for both licensed networks and unlicensed devices; (4) a long-term supply solution must include reallocation and sharing of federal government spectrum for private-sector use; (5) existing law ensures that federal operations are not harmed as a result of the reallocation of federal spectrum for commercial use; and (6) all interested parties should be encouraged to continue collaborative efforts between industry and government stakeholders to assess and recommend practical frameworks for the development of relocation, transition, and sharing arrangements and plans for 110 megahertz of federal spectrum in the 1695-1710 and 1755-1850 bands.
(Sec. 1086) Dale Long Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; and (3) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in such activities or provides such services as part of an official emergency response system.
Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner.
Makes this section applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003.
(Sec. 1087) Amends the federal judicial code to deem a law enforcement officer who is the defendant in a criminal prosecution to have been acting under the color of his office (solely for purposes of determining the propriety of removal of the case to U.S. district court) if the officer: (1) protected an individual in the officer's presence from a crime of violence; (2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual whom the officer reasonably believed to have committed, or was about to commit, in the officer's presence, a crime of violence that resulted in, or that was likely to result in, death or serious bodily injury.
(Sec. 1088) Amends the federal criminal code to impose a fine, up to a five-year prison term, or both for knowingly transporting a girl under the age of 18 from the United States and its territories in foreign commerce for purposes of female genital mutilation.
(Sec. 1089) Amends the federal criminal code to include among those authorized to carry a concealed weapon for law enforcement purposes any individual authorized to apprehend a person under provisions of the Uniform Code of Military Justice (UCMJ).
(Sec. 1090) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to allow the Secretary, during FY2013-FY2017, to sell excess DOD aircraft and parts to persons or entities contracting with the federal government for wildfire suppression purposes.
(Sec. 1091) Authorizes the Secretary to transfer excess DOD aircraft to the Secretaries of Agriculture and Homeland Security for use by the Forest Service and U.S. Coast Guard in carrying out their respective missions. Limits such transfer to 7 aircraft for each agency. Outlines transfer conditions.
Title XI: Civilian Personnel Matters - (Sec. 1101) Amends the Hunter Act to extend through 2013 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1102) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1103) Extends through FY2017 the authority for the direct hiring of individuals for certain federal acquisition programs when there is a severe shortage of qualified individuals or a critical hiring need.
(Sec. 1104) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2014 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1105) Requires the Secretary to notify the defense and appropriations committees at least 60 days before implementing any change in the policy regarding senior mentors.
(Sec. 1106) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1107) Establishes the Committee on National Security Personnel within the Executive Office of the President. Requires the Committee to develop and issue a National Security Human Capital Strategy providing policies, processes, and procedures for a program for the interagency rotation of personnel among positions within national security interagency communities of interest (ICIs). Requires the head of each agency participating in the program to ensure that, in selecting individuals to fill senior positions within an ICI, to give a strong preference to individuals who have performed interagency rotational service within an ICI. Directs the CG to assess the implementation and effectiveness of the program, and report assessment results to Congress.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 to: (1) extend through FY2014 DOD authority to assist in building the capacity of allied foreign military forces, (2) include under such authority small-scale military construction activities (with a per-activity and an aggregate activities limit), and (3) include in a required assistance notification information on assistance provided to any such country during the three preceding fiscal years.
(Sec. 1202) Amends the NDAA for Fiscal Year 2010 to extend through FY2016 DOD authority to enter into international defense personnel exchange agreements.
(Sec. 1203) Authorizes the Secretary to provide assistance for enhancing the capacity of specified military forces in Yemen, Djibouti, Ethiopia, Kenya, and Somalia to conduct counterterrorism operations against al Qaeda, its affiliates, and al Shabaab. Allows such assistance to include equipment, supplies, training, and minor military construction. Limits amounts to be provided for minor military construction. Provides funding. Requires 30 days' prior congressional notification of any such assistance. Terminates assistance authority at the earlier of September 30, 2014, or when the Global Security Contingency Fund achieves full operational capability.
(Sec. 1204) Prohibits any activities from being carried out under the State Partnership Program unless, by February 28, 2013, certain final regulations requirements are met, including future compliance with the Antideficiency Act.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to provide an FY2013 funding limit on operations and activities of the Office of Security Cooperation in Iraq using DOD funds. Requires the Secretary to submit a report concerning such Office to the defense, appropriations, and foreign relations committees. Allows, during FY2013, such operations and activities to include non-operational training in support of Iraqi Ministry of Defense and Counter Terrorism Service personnel in an institutional environment. Requires a report from the Secretary to the above committees on Office activities, as well as a subsequent update of such report.
(Sec. 1212) Expresses the sense of Congress raising concern about insider attacks against U.S. Armed Forces in Afghanistan by various Afghan military personnel and private security contractors. Requires a report from the Secretary to Congress on such attacks and associated threats and their effect on the overall transition strategy in Afghanistan. Requires semiannual report updates through the end of 2014.
(Sec. 1213) Directs: (1) the Secretary to notify the defense and appropriations committees of any decisions of the President to change the levels of U.S. Armed Forces deployed in Afghanistan, and (2) the JCS Chairman to submit to such committees an assessment of the risk to the U.S. mission and interests in Afghanistan as the change is implemented. Terminates the notification requirement at the end of 2014.
(Sec. 1214) Amends the NDAA for Fiscal Year 2008 to require specified additional information within a report on progress toward security and stability in Afghanistan, particularly with respect to the literacy and training, logistics, and transition ability of Afghan National Army and Afghan National Police forces.
(Sec. 1215) Requires the Secretary to provide for the conduct of an independent assessment of the strength, force structure and posture, and capabilities required to enable the Afghan National Security Forces to provide security for their country and to prevent Afghanistan from ever again becoming a safe haven for terrorists. Requires a report on such assessment from the entity selected to the Secretary and the defense and appropriations committees. Provides funding.
(Sec. 1216) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to provide logistical support for coalition forces supporting U.S. military operations. Repeals such authority for such fiscal year with respect to Iraq (leaving only Afghanistan).
(Sec. 1217) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on the Afghanistan Peace and Reintegration Program.
(Sec. 1218) Amends the Skelton Act to extend through FY2013 DOD authority to use funds for former insurgent reintegration activities in Afghanistan. Reduces FY2013 funding under such authority.
(Sec. 1219) Amends the above Act to extend through FY2013 a program to develop and carry out infrastructure programs in Afghanistan that support the counterinsurgency campaign. Reduces FY2013 funding to $350 million. Prohibits the obligation or expenditure of more than 50% of such amount until the Secretary submits a plan for fund allocation and use.
(Sec. 1220) Directs the CG, within 180 days after any substantial update or modification to the campaign plan for Afghanistan, to report to the defense and appropriations committees on the updated or modified plan, including an assessment. Terminates the report requirement at the end of FY2014.
(Sec. 1221) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces FY2013 funding from $400 million to $200 million.
(Sec. 1222) Authorizes the Secretary to transfer nonexcess defense articles to the military and security forces of Afghanistan to support efforts to maintain peace and security in such country. Limits to $250 million the aggregate replacement value of such defense articles. Requires the Secretary to provide 15 days' advance notice to Congress with respect to any such transfer, and requires quarterly reports concerning such transfers through March 31, 2015. Terminates the transfer authority at the end of 2014. Exempts any such transfers from the annual value limit on transfers of excess defense articles.
(Sec. 1223) Directs the Secretaries of Defense and State to jointly report to the defense and foreign relations committees on U.S. government efforts to promote the security of Afghan women and girls during the security transition process. Requires annual updates on such efforts to be included in reports on progress toward security and stability in Afghanistan required under the NDAA for Fiscal Year 2008.
(Sec. 1224) Expresses the sense of Congress, among other things, that: (1) the members of the U.S. Armed Forces, intelligence community, and diplomatic and development community are to be commended for their dedicated efforts and sacrifices in support of military and stability operations in Afghanistan; (2) the governments of the United States and Afghanistan are to be commended for concluding the Enduring Strategic Partnership Agreement; (3) it is essential that the government and people of Afghanistan fulfill Afghanistan's international commitments concerning citizen equal rights, fair elections, and democratic governance; and (4) the negotiation and conclusion of a U.S.-Afghanistan bilateral security agreement will provide a fundamental framework for a long-term security relationship between the two countries.
(Sec. 1225) Directs the President to consult periodically with the defense and foreign relations committees on the status of negotiations on a U.S.-Afghanistan bilateral security agreement. Terminates such requirement when either an agreement is reached or the President notifies Congress that agreement negotiations have been terminated.
(Sec. 1226) Expresses the sense of Congress that the President should seek to accomplish the stated goal of transitioning the lead responsibility for security to the government of Afghanistan by mid-summer 2013 and end all regular U.S. combat operations there by the end of 2014, and should undertake certain draw-down activities to achieve such goal. Requires the recommendations of the commanders of the International Security Assistance Force, including on the pace of the draw-down, to be given serious consideration.
(Sec. 1227) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Afghanistan and Pakistan. Decreases the amount of such funding. Prohibits reimbursements to Pakistan for claims of support during any period when the ground lines of supply through Pakistan to Afghanistan were closed to the shipment of equipment and supplies in support of U.S. military operations in Afghanistan. Prohibits FY2013 reimbursements to Pakistan unless the Secretary certifies to the defense and appropriations committees that Pakistan is: (1) maintaining security along such supply routes, and (2) supporting counterterrorism operations and related matters. Authorizes the Secretary to waive the certification requirement upon certifying to such committees that the waiver is in the U.S. national security interest. Requires a report from the Secretary to such committees on the provision of reimbursements and support to Pakistan under this section.
(Sec. 1228) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the Pakistan Counterinsurgency Fund for building the capabilities of Pakistan security forces. Extends through the same period a provision that limits the availability of amounts from the Fund to 40% until the Secretary reports to Congress on metrics for the use of such funds and for enhancing Pakistan's efforts to counter improvised explosive devices. Prohibits amounts authorized for such Fund from being used to provide assistance to Pakistan until the Secretary certifies to the defense, appropriations, and foreign relations committees that the government of Pakistan is: (1) continuing its commitment to and making significant efforts toward the implementation of a strategy to counter improvised explosive devices, and (2) cooperating with U.S. counterterrorism efforts. Allows the Secretary to waive such certification for national security reasons.
Subtitle C: Matters Relating to Iran - (Sec. 1231) Requires the JCS Chairman to report to the defense and appropriations committees on U.S. capabilities in relation to challenges or threats from China, Korea, and Iran.
(Sec. 1232) Directs the Secretary to evaluate, and report to the defense, appropriations, and foreign relations committees on, the military capabilities of members of the Cooperation Council for the Arab States of the Gulf.
(Sec. 1233) Expresses the sense of Congress that the United States should be prepared to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon.
(Sec. 1234) States that nothing in this Act shall be construed as authorizing the use of force against Iran.
Subtitle D: Iran Sanctions - Iran Freedom and Counter-Proliferation Act of 2012 - (Sec. 1243) Expresses the sense of Congress that the United States should: (1) deny the government of Iran the ability to continue to oppress its people through violence and execution against pro-democracy protestors and regime opponents; (2) support Iranian efforts to promote the establishment of basic freedoms for the emergence of a freely elected, open, and democratic political system; (3) help Iranians produce, access, and share information freely and safely via the Internet and other media; and (4) defeat all Iranian government attempts to jam or otherwise obstruct international satellite broadcast signals.
(Sec. 1244) Directs the President, 180 days after the enactment of this Act, to block and prohibit all U.S. transactions in property and property interests of any entity that: (1) is part of the energy, shipping, or shipbuilding sectors of Iran; (2) operates a port in Iran; or (3) knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, such an entity. Directs the President to impose five or more sanctions (as described under the Iran Sanctions Act of 1996) with respect to any person who knowingly sells, supplies, or transfers significant goods or services to or from Iran via the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines. Provides an exception with respect to the provision of humanitarian assistance (agricultural commodities, food, medicine, or medical devices) to the people of Iran. Provides a limited applicability of such sanctions with respect to the purchase of petroleum or petroleum products from Iran. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1245) Directs the President to impose five of more sanctions against any person who, on or after 180 days after the enactment of this Act, knowingly sells, supplies, or transfers to or from Iran: (1) a precious metal; (2) certain raw or semi-finished metals used for integrating industrial processes; or (3) any other material used in connection with Iranian sectors controlled by Iran's Revolutionary Guard Corps, sold by an Iranian on a list of specially designated nationals and blocked persons, or relevant to Iranian nuclear, military, or ballistic missile programs. Prohibits the opening in the United States of an account by a foreign financial institution that conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of materials which would subject a person to such sanctions. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1246) Directs the President to impose five or more sanctions against any person who, on or after 180 days after the enactment of this Act, provides underwriting services, insurance, or reinsurance in support of activities or persons against which or whom sanctions have been imposed. Provides an exception with respect to the provision of humanitarian assistance. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1247) Directs the President to prohibit the opening or maintaining in the United States of an account by a foreign financial institution that, on or after 180 days after the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of an Iranian person included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. Provides the same humanitarian exception as above, and authorizes the same presidential waiver (and waiver period) for national security reasons.
(Sec. 1248) Directs the President to: (1) impose sanctions against the Islamic Republic of Iran Broadcasting and its president, Ezzatollah Zargami; and (2) include such entity and individual on the list of specially designated nationals and blocked persons.
(Sec. 1249) Directs the President to submit to Congress a list of persons determined to have engaged in corruption relating to the diversion of humanitarian goods (agricultural commodities, food, medicine, and medical devices) intended for the people of Iran. Requires the President to impose sanctions against such individuals.
(Sec. 1250) Amends the NDAA for Fiscal Year 2012 to allow the President to temporarily waive sanctions against certain foreign financial institutions upon certifying that the country with primary jurisdiction over the financial institution normally subject to the sanctions faced exceptional circumstances that prevented it from significantly reducing its volume of crude oil purchases from Iran.
(Sec. 1251) Amends the federal criminal code to increase from 4 to 10 years the statute of limitations for civil actions regarding terrorist acts.
(Sec. 1252) Requires a report from the President to Congress on the use of certain Iranian seaports by foreign vessels and on the use of foreign airports by under-sanction Iranian air carriers.
(Sec. 1253) Provides for the implementation of this section, as well as penalties for violations.
Subtitle E: Satellites and Related Items - (Sec. 1261) Repeals a provision of the Thurmond Act which transferred certain satellites and related items from the Commerce Control List (CCL) to the United States Munitions List (USML). Allows such satellites and related items to removed from the USML and transferred back to the CCL upon certain determinations and a report to Congress by the President. Prohibits any satellites or related items that are made subject to the Export Administration Regulations (EAR) as a result of this section from being exported or transferred to China, North Korea, or a state sponsor of terrorism. Allows the President to waive such prohibition in the national security interest, upon congressional notification. Requires a report from the DNI on efforts of state sponsors of terrorism or other foreign countries or entities to illicitly acquire satellites and related items.
(Sec. 1262) Directs the President to submit to Congress a summary of all licenses and other authorizations to export satellites and related items that are subject to the EAR.
(Sec. 1263) Directs the Secretary to submit to Congress an assessment of the extent to which terms and conditions of exemptions for foreign countries from the licensing requirements and other authorizations to export satellites and related items subject to the EAR contain strong safeguards.
(Sec. 1264) Directs the President to: (1) provide for the end-use monitoring of such satellites and related items, and (2) report to Congress on actions taken to implement such monitoring.
(Sec. 1265) Requires the President to ensure that, as appropriate, the Secretaries of State, Defense, and Commerce, the DNI, and the heads of other federal departments and agencies will review any removal or addition of an item to Category XV of the USML (relating to spacecraft systems and associated equipment).
Subtitle F: Other Matters - (Sec. 1271) Amends the NDAA for Fiscal Year 2000 to require the inclusion, in an annual report on military and security developments involving China, the strategy, goals, and capabilities of Chinese space programs and cyber activities, recent developments in China's nuclear program, and other information.
(Sec. 1272) Amends the NDAA for Fiscal Year 2010 to extend through FY2015 the authorization of appropriations for the NATO Special Operations Headquarters. Requires an annual report from the Secretary to the defense and appropriations committees regarding support for such Headquarters.
(Sec. 1273) Prohibits amounts from being expended by DOD for overseas capital projects for the direct benefit of a host country in connection with an overseas contingency operation occurring on or after 60 days from the enactment of this Act, unless the Secretary, the Secretary of State, or the Administrator of USAID, as the case may be, completes an assessment of the necessity and sustainability of the project. Provides exceptions for military construction or military family housing projects. Authorizes a waiver of such prohibition by the appropriate official for national security, diplomatic, or humanitarian reasons, requiring a detailed justification. Requires semiannual reports on each assessment conducted.
(Sec. 1274) Authorizes the Secretary, as part of U.S. participation in the American, British, Canadian, and Australian Armies' Program, to enter into a joint participation agreement with Australia, Canada, New Zealand, and the United Kingdom. Outlines agreement requirements, including equitable sharing of Program costs. Authorizes the Secretary to contract for authorized Program activities, and to dispose of jointly-acquired property. Terminates any such agreement five years after the enactment of this Act. Requires a report from the Secretary to the defense committees on Program activities, costs, and accomplishments.
(Sec. 1275) Authorize the Secretary to utilize U.S. military personnel as members of the staff of Headquarters Eurocorps for the purpose of supporting activities of the NATO Rapid Deployable Corps Eurocorps. Prohibits the participation of more than two U.S. members until the Secretary certifies to the defense committees, among other things, that participation by more than two members is in the U.S. national interests. Prohibits more than 10 U.S. members from so participating unless the Secretary notifies such committees. Provides funding, with a limitation, from DOD O&M funds.
(Sec. 1276) Allows the Secretary to authorize U.S. participation in the Air Transport, Air-to-Air Refueling and other Exchanges of Services program of the Movement Coordination Centre Europe. Limits such participation to the reciprocal exchange of air transportation and refueling services on a reimbursable basis or by in-kind replacements or equal-value exchanges. Limits to 500 hours the U.S. balance of executed flight hours under the program. Requires a written participation agreement between the Secretary and the Centre. Requires: (1) an annual report from the Secretary to the defense and appropriations committees on U.S. participation in the program, and (2) a one-time program assessment report from the CG to such committees. Terminates U.S. participation in the program five years after entering into a participation agreement.
(Sec. 1277) Prohibits this Act's funds from being used to contract with or make a grant or loan to Rosoboronexport. Allows the Secretary to waive such prohibition in the national security interest.
(Sec. 1278) Expresses the sense of Congress (1) reaffirming its commitment to the security of Israel; (2) fully supporting Israel's right to defend itself against acts of terrorism; (3) sympathizing with the families of Israelis who have come under rocket fire from Hamas-controlled Gaza; (4) recognizing the exceptional success of the Iron Dome Missile Defense system in defending the population of Israel; (5) desiring to help ensure that Israel has the means to defend itself against terrorist attacks, including through the acquisition of additional Iron Dome batteries and interceptors; and (6) urging the Departments of Defense and State to explore with their Israeli counterparts and alert Congress of any needs the Israeli Defense Force may have for additional Iron Dome batteries, interceptors, or other equipment depleted during the current conflict.
(Sec. 1279) Directs the Secretary to: (1) report to the defense and foreign relations committees on the prospects for expanding defense trade between the United States and India within the context of their bilateral defense relationship, and (2) conduct a comprehensive policy review of potential co-production and co-development defense projects with India that are aligned with U.S. national security objectives.
(Sec. 1280) Amends the United States Information and Educational Exchange Act of 1948 to: (1) require the United States Advisory Commission on Public Diplomacy to appraise U.S. government activities intended to understand, inform, and influence foreign publics; (2) report at least annually to Congress, the President, and the Secretary of State on U.S. public diplomacy and international broadcasting activities; (3) assess the public diplomacy target impact, achieved impact, and cost of public diplomacy and international broadcasting activities; and (4) submit related semiannual reports as necessary. Reauthorizes the Advisory Commission through FY2015. Provides Advisory Commission funding.
(Sec. 1281) Expresses the sense of Congress that: (1) the United States should continue to make available to Taiwan such defense articles and services that are necessary for Taiwan to maintain a sufficient self-defense capability; and (2) 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.
(Sec. 1282) Directs the President to brief the Senate foreign relations and defense committees 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. Expresses the sense of the Senate that any agreement reached by such parties obligating the United States to reduce or limit its armaments in any significant manner may be made only pursuant to the President's treaty-making powers under the Constitution.
(Sec. 1283) Expresses the sense of Congress in support of efforts to apprehend or remove Joseph Kony and his top commanders and his Lord's Resistance Army from power in Central Africa.
(Sec. 1284) Directs the Secretary of the Treasury to block and prohibit all property and related transactions of any person providing significant financial, material, or technological support to the Congolese rebel group known as M23 if such property and interests are or come within U.S. possession or control. Prohibits such authority from including the imposition of sanctions on the import of goods. Places a U.S. visa ban on any such individuals. Allows the President to waive application of this section in the U.S. national interest, after reporting to the financial, defense, and foreign relations committees.
(Sec. 1285) Authorizes the Secretary to: (1) carry out a program to repair, overhaul, or refurbish in-stock defense articles in anticipation of their sale to eligible foreign countries or international organizations under law, and (2) establish and administer the Special Defense Repair Fund in support of such program. Requires: (1) Secretary of State concurrence with respect to sales or transfers to foreign countries; and (2) an annual report from the Secretary to the defense, appropriations, and foreign relations committees on activities under such program, as well as a one-time program assessment report. Terminates program authority at the end of FY2015.
(Sec. 1286) Expresses the sense of Congress: (1) acknowledging the administrative jurisdiction of Japan over the Senkaku Islands in the East China Sea, and (2) supporting collaborative diplomatic efforts to resolve territorial disputes in such area.
Subtitle G: Reports - (Sec. 1291) Requires: (1) the Defense Policy Board to review DOD efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies; (2) the Secretary to report review results to the defense and appropriations committees; and (3) the Secretary to submit to such committees an assessment of and strategic guidance for DOD efforts to build such capacity and partnerships.
(Sec. 1292) Amends the NDAA for Fiscal Year 2012 to extend for an additional year a required annual report on military and security developments involving North Korea.
(Sec. 1293) Directs the Secretary, in each of 2013 through 2015, to report to the defense, appropriations, and foreign relations committees on the direct, indirect, and burden-sharing contributions made by host nations to support U.S. Armed Forces deployed in such country.
(Sec. 1294) Directs the Secretary to report to the defense and appropriations committees 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.
(Sec. 1295) Requires the Secretary to report to the defense and foreign relations committees on military assistance provided to Syria by the Russian Federation.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Directs the Secretary to report to the defense and foreign relations committees on CTR programs in the Russian Federation, including the success and impact of Russian nonproliferation programs.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2013, to obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to include as an NDS objective the avoidance of a single point of failure in the acquisition of NDS materials in times of national emergency.
(Sec. 1413) Amends the Strategic and Critical Materials Stock Piling Act to allow the release of materials from the strategic and critical materials stockpile on the order of the Under Secretary, if the President has empowered the Under Secretary to do so, as long as the Under Secretary determines that such release is required for use, manufacture, or production for the national defense.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to authorize the Secretary, in determining the technologies to supplement the neutralization destruction of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, to consider: (1) explosive destruction technologies; and (2) any technologies developed for treatment and disposal of hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
Subtitle D: Other Matters - (Sec. 1431) Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury.
(Sec. 1432) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1433) Authorizes appropriations for FY2013 for: (1) operation of the Armed Forces Retirement Home, and (2) Army cemeterial expenses.
(Sec. 1435) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to authorize the Secretary to establish two additional Weapons of Mass Destruction Civil Support Teams (beyond the current 55 Teams) if: (1) the Secretary has made a required certification with respect to such additional teams before December 31, 2011, and (2) such establishment does not require an increase in personnel levels above the amount authorized as of the date of enactment of this Act. Provides specific limitations on the establishment of more Teams after such addition. Prohibits either of the two additional Teams from being disestablished unless, at least 90 days beforehand, the Secretary notifies the defense and appropriations committees of the proposed disestablishment and its date. Requires a report from the Secretary to the defense and appropriations committees on all such Teams.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year. Requires congressional notification of each transfer.
Subtitle C: Limitations and Other Matters -(Sec. 1531) Expresses the sense of Congress that: (1) it is the responsibility of the Commander, International Security Assistance/Commander, United States Forces--Afghanistan to ensure the security of members of U.S. Armed forces deployed to Afghanistan and to mitigate threats to such forces while continuing to meet mission objectives; (2) the Afghan Public Protection Force (APPF) must meet and maintain key standards to provide force protection for U.S. Armed Forces there; and (3) if the Secretary determines that the APPF is not meeting such standards, the Secretary should provide for such protection, including having U.S. Armed Forces provide for their own protection. Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Directs the Secretary to: (1) certify annually to the defense and appropriations committees with respect to protection standards of the APPF and the sufficiency of the protection provided to U.S. forces, and (2) submit to such committees an initial and subsequent semiannual assessments of the APPF. Requires the Secretary to submit to such committees: (1) a plan for using DOD funds to provide assistance to the security forces of Afghanistan through such Fund through the end of FY2017, and (2) a copy of each agreement entered into between the United States and Afghanistan for APPF services.
(Sec. 1532) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2013. Requires a monthly Fund obligation and expenditure report during FY2013 from the Secretary to the defense and appropriations committees. Earmarks specified FY2013 Fund amounts to provide training, equipment, supplies, and services to ministries and other entities of the government of Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. Requires, for the latter use of such funds, 15 days' prior notification of the defense and appropriations committees. Terminates such Pakistani assistance authority at the end of 2013.
(Sec. 1533) Amends the Skelton Act to extend through FY2013 the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan. Revises the scope of authorized projects. Reduces FY2013 funding. Limits the availability of FY2013 funds until the Secretary reports to Congress on the implementation of the Task Force transition action plan.
(Sec. 1534) Directs the Secretary to submit to the defense and appropriations committees a plan for the transition of funding for the U.S. Special Operations Command from funds authorized for overseas contingency operations to funds authorized for DOD recurring operations.
(Sec. 1535) Directs the Secretary to submit to the defense and appropriations committees an assessment of: (1) the training-related activities of the Joint Improvised Explosive Device Defeat Organization, and (2) the activities of such Organization's Counter-Improvised-Explosive Device Operations Integration Center.
Title XVI: Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Disestablishes the Defense Materiel Readiness Board, and closes the Defense Strategic Readiness Fund. Repeals a provision of the NDAA for Fiscal Year 2008 authorizing the Secretary to designate critical materiel readiness shortfalls.
(Sec. 1602) Requires each defense assessment of the effects of foreign boycotts to include a separate assessment of their effects on the U.S. national technology and industrial base (NTIB).
(Sec. 1603) Directs the Secretary to develop a national security strategy for the NTIB. Adds as NTIB objectives: (1) ensuring reliable sources of materials that are critical to national security, and (2) reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts. Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP.
Subtitle B: Department of Defense Activities Related to Small Business Matters - (Sec. 1611) Directs the Secretary to develop and issue guidance to ensure that the head of each Office of Small Business Programs in DOD is a participant in DOD or military department acquisition processes.
(Sec. 1612) Requires the Secretary to designate within each defense audit agency a Small Business Advocate to: (1) advise the director of that audit agency on all policy issues related to small businesses, (2) serve as that agency's primary point of contact and information source for small businesses, (3) collect relevant data and monitor that agency's conduct of audits of small businesses, and (4) make recommendations concerning policies, processes, and procedures to improve that agency's performance in the timeliness of audits of small businesses and its responsiveness to issues or matters raised by small businesses. Requires that each Advocate: (1) be segregated from ongoing audits in the field, and (2) not engage in activities with regard to particular audits that could compromise the independence of that audit agency or undermine compliance with applicable audit standards.
(Sec. 1613) Directs the Secretary to: (1) select an appropriate entity to conduct an independent assessment of DOD's procurement performance related to small businesses, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 1614) Amends the Inspector General Act of 1978 to direct the DOD Inspector General to conduct, or approve arrangements for the conduct of, peer reviews of DOD audit agencies with and in such frequency as provided by government auditing standards established by the CG. Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review.
(Sec. 1615) Amends the Small Business Act to authorize the Secretary and the Secretary concerned to use up to 1% of funds available to each under the Small Business Innovation Research Program for administrative expenses of DOD's Commercialization Readiness Program.
Subtitle C: Matters Relating to Small Business Concerns - Part I: Procurement Center Representatives - (Sec. 1621) Amends the Small Business Act to replace the position of breakout procurement representative within SBA with the position of procurement center representative. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to procurement records, and (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting.
(Sec. 1622) Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires SBA business opportunity specialists to have a Level I Federal Acquisition Certification in Contracting.
(Sec. 1623) Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement center representative in such planning processes and provide Director and representative access to all acquisition plans in development.
Part II: Goals for Procurement Contracts Awarded to Small Business Concerns - (Sec. 1631) Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories).
Requires each federal agency participating in federal procurement contracts to have an annual goal that presents the maximum practicable opportunity for the small business categories to participate in the performance of contracts let by that agency. Requires the Administrators of the Small Business Administration (SBA) and Federal Procurement Policy to insure that the cumulative annual prime contract goals for all procurement agencies meet or exceed the annual government-wide prime contract goals established by the President. Directs the small business procurement goals to address both prime contract and subcontract awards. Requires the SBA Administrator to review and make appropriate revisions to the Goaling Guidelines for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements to ensure realistically achievable improvements to levels of subcontracting to the small business categories. Directs the SBA's Chief Counsel for Advocacy to contract for the conduct of an independent assessment of federal small business procurement goals.
(Sec. 1632) Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the SBA Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.
(Sec. 1633) Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires agency heads to ensure that senior executive personnel responsible for acquisition assume responsibility for that agency's success in achieving small business contracting goals and percentages.
Part III: Mentor-Protege Programs - (Sec. 1641) Authorizes the SBA Administrator to establish a mentor-protege program for all small businesses. (Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8(a) guaranteed loan program.) Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it. Requires the Administrator to approve or disapprove a plan based on whether the proposed program: (1) will assist proteges to compete for federal prime contracts and subcontracts, and (2) complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts. Requires annual reports from the Administrator to the small business committees concerning such programs.
Part IV: Transparency in Subcontracting - (Sec. 1651) Places, subject to stated exceptions, limits on subcontracting expenditures, including prohibiting a small business receiving a guaranteed loan through the SBA from expending: (1) more on subcontractors than 50% of the loan amount received in the case of a contract for services, and (2) more on subcontractors than 50% of the loan amount received, less the cost of materials, in the case of a contract for services. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver.
(Sec. 1652) Provides penalties for violations of the above limitations.
(Sec. 1653) Requires each contracting agency to collect data concerning contractor compliance with subcontracting plans and goals, and to include such data within contractor past performance evaluations. Requires an offeror with respect to a federal contract that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business as a potential subcontractor to notify the small business of such identification. Directs the Administrator to establish a reporting mechanism that allows subcontractors to report fraudulent activity or bad faith by a contractor with respect to a federal small business subcontracting plan. Requires the Administrator to: (1) ensure that the SBA electronic subcontracting reporting system is able to identify entities that fail to submit required reports, and (2) report annually to the small business committees concerning the success or failure in meeting such report requirements.
(Sec. 1655) Requires the OMB Director to publish procedures and methodologies to be used by federal agencies in decisions of whether to convert a function being performed by a small business to performance by a federal employee.
Part V: Small Business Concern Size Standards - (Sec. 1661) Requires the Administrator, in conducting a rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry.
Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industry Classification System codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.
Part VI: Contract Bundling - (Sec. 1671) Consolidates SBA provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Makes such bundling limitations specifically applicable to construction contracts. Directs the CG to review data and information regarding consolidated contracts awarded by federal agencies.
Part VII: Increased Penalties for Fraud - (Sec. 1681) Provides that in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a small business development center or a participant in the procurement technical assistance cooperative agreement program. Requires the Administrator to: (1) issue rules defining an advisory opinion for such purposes, and (2) issue a compliance guide to assist businesses in accurately determining their small business status.
(Sec. 1682) Directs the Administrator to publish on the SBA website the standard operating procedures for debarments and suspensions of entities misrepresenting themselves as small businesses.
(Sec. 1683) Directs the Administrator to report annually to the small business committees on debarment and suspension actions.
Part VIII: Offices of Small and Disadvantaged Business Units - (Sec. 1691) Requires each Director of Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at at least the GS-15 rate. Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and (5) reporting annually to the small business committees on the provision of small bus iness and contract specialist training. Revises Director experience requirements.
(Sec. 1692) Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices.
Part IX: Other Matters - (Sec. 1695) Raises the maximum surety bond amount under SBA contracts from $2 million to $6.5 million. Authorizes the Administrator to guarantee a surety for a total work order or contract amount of up to $10 million, if a contracting officer of a federal agency certifies that such a guarantee is necessary. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or material misrepresentation by the surety or breach of a material term or condition of the guarantee agreement.
(Sec. 1697) Amends provisions concerning federal procurement contracting with small businesses owned and controlled by women to: (1) remove the requirement that a contracting officer believe that such a contract can be made at a fair and reasonable price, and (2) direct the Administrator to periodically study and report to the small business committees on industries underrepresented by small businesses owned and controlled by women.
(Sec. 1698) Treats certain base closure areas as a HUBZone, for SBA loan eligibility purposes, for a five-year period beginning on the date of enactment of this Act.
Sec. 1699) Repeals the establishment of the federally chartered National Veterans Business Development Corporation.
(Sec. 1699A) Amends the Small Business Jobs Act of 2010 to add the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses.
Title XVII: Ending Trafficking in Government Contracting - (Sec. 1702) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to pay return transportation costs to an employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees unreasonable placement or recruitment fees, or (5) provide inadequate housing conditions.
(Sec. 1703) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at more than $500,000 unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Directs the President to establish minimum requirements for such plans and procedures.
(Sec. 1704) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to promptly refer the matter to the agency's inspector general for investigation. Requires such inspector general to report investigation results. Allows an agency head, after such a report, to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Allows for the consideration of mitigating and aggravating factors where applicable. Requires substantial allegations to be included in the Federal Awardee Performance and Integrity Information System database, while allowing for contractor response.
(Sec. 1705) Requires each such officer to require a recipient to immediately inform the appropriate Inspector General of credible evidence of the recipient's violation of anti-trafficking requirements, and to fully cooperate in any subsequent audit, investigation, or corrective action.
(Sec. 1706) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 1707) Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain DOD officials.
Title XVIII: Federal Assistance to Fire Departments - Subtitle A: Fire Grants Reauthorization - Fire Grants Reauthorization Act of 2012 - (Sec. 1803) Amends the Federal Fire Prevention and Control Act of 1974 to modify the scope of the Assistance to Firefighters Grants (AFG) program, including by permitting the use of grant funds for non-fire service emergency medical services organizations and for state fire training academies. Provides maximum grant amounts, ranging from $1 million for a recipient serving a population of 100,000 people or fewer to up to $9 million for a recipient serving a population of more than 2.5 million. Revises authorized grant purposes. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to award fire prevention and safety grants to fire departments and other appropriate organizations, with a maximum grant amount of $1.5 million per fiscal year. Prohibits providing program funds to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. Outlines grant application requirements, including joint or regional applications. Directs the Administrator to appoint fire service personnel to conduct peer reviews of applications. Provides for the prioritization and allocation of grant awards. Requires the Administrator, in considering applications, to consider: (1) the extent to which the grant would enhance the daily operations of the applicant and the grant's impact on the protection of lives and property; and (2) a broad range of factors important to the applicant's ability to respond to fires and related hazards. Allows for the awarding of grants: (1) to non-fire emergency medical services organizations, and (2) for fire safety research centers. Directs the Administrator to convene a workshop of fire safety and service organizations and other appropriate entities to identify and prioritize fire safety research needs. Outlines grant matching funds requirements. Allows the Administrator to waive certain grant requirements in cases of demonstrated economic hardship. Requires the Administrator to annually convene a meeting of qualified members of national fire service and related organizations to obtain recommendations regarding criteria for awarding grants and making administrative changes to the AFG program. Makes the Alaska Village Initiatives an eligible grant applicant. Requires annual AFG program reports from the Administrator to specified congressional committees. Authorizes appropriations for FY2013-FY2017 for the AFG program.
(Sec. 1804) Reduces from four to three years the length of authorized FEMA grants to fire departments to hire additional firefighters. Prohibits the amount provided to a fire department for hiring a firefighter from exceeding 75% of the cost of a first-year firefighter in the first and second year of the grant, and 35% in the third year. Allows for the waiver of such requirements in cases of demonstrated economic hardship. Authorizes appropriations for FY2013-FY2017. Terminates grant authority five years after the enactment of this title.
(Sec. 1805) Expresses the sense of Congress that: (1) grants and assistance awarded under the Federal Fire Prevention and Control Act of 1974 have proven 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 award of such grants and assistance will ensure the serving of grant and assistance purposes.
(Sec. 1806) Requires a report from the CG to specified congressional committees on the effect of amendments made under this title.
(Sec. 1807) Directs the Administrator of the United States Fire Administration (USFA) to: (1) study the level of compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness among U.S. fire services; and (2) report study results to Congress.
Directs the Secretary of Homeland Security (DHS) to establish the Task Force to Enhance Firefighter Safety, with specified duties and responsibilities. Requires the Task Force to report to such Secretary and Congress on its findings and activities.
Requires the USFA Administrator to study and report to Congress on the equipment, staffing, and training needed for fire services on a national, state, regional, and local level.
Authorizes appropriations.
Subtitle B: Reauthorization of United States Fire Administration - United States Fire Administration Reauthorization Act of 2012 - (Sec. 1812) Amends the Federal Fire Prevention and Control Act of 1974 to: (1) revise references to the USFA to provide for its establishment within FEMA (rather than within the Department of Commerce) and to change references to the head of FEMA as the Administrator (rather than the Director), (2) authorize the USFA Administrator to appoint a Deputy Administrator (current law requires the Deputy Administrator to be appointed by the President), (3) authorize the USFA Administrator to take such steps as the Administrator considers appropriate to educate the public and overcome public indifference as to individual preparedness (as well as to fire and fire prevention), and (4) authorize appropriations to carry out such Act through FY2017. Removes an outdated USFA funding limitation.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and Title XXIX of this Division on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2108) Prohibits the Secretary of the Army from expending FY2013 funds for the construction of a cadet barracks at the U.S. Military Academy until such Secretary: (1) submits to the defense and appropriations committees a plan to renovate existing barracks there, and (2) certifies to such committees the existence of a contract for the renovation of Scott Barracks at such location.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Modifies or extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Limits the total cost of such construction projects. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Extends or modifies certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
Subtitle B: Other Matters - (Sec. 2711) Replaces the Department of Defense Base Closure Accounts 1990 and 2005 with a single Department of Defense Base Closure Account. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law. Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires the Secretary to establish a consolidated budget justification display in support of the Account that, for each year, details credits and expenditures. Requires a final report from the Secretary to the defense and appropriations committees when the Account is closed.
(Sec. 2712) Places a five-year moratorium on any action that would result in a military installation which was covered by base closure and realignment provisions. Directs the CG to submit to the defense and appropriations committees a review of the process and criteria used by DOD to make such closure and realignment decisions.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any reduction in scope of work for a military construction project from resulting in a facility or item of infrastructure that is not complete and usable or does not fully meet the mission requirement for the project. Directs the Secretary concerned to ensure project contract compliance with the Anti-Deficiency Act.
(Sec. 2802) Requires the commander of each military installation, at least every 10 years, to 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.
(Sec. 2803) Directs each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during the sustainment phase of the project following completion of construction or renovation of the housing units. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing.
(Sec. 2804) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2013 DOD authority to use O&M funds for construction projects outside the United States which are necessary to meet urgent military operational requirements of a temporary nature.
(Sec. 2805) Directs the CG to report to the defense and appropriations committees on the construction or renovation of DOD facilities with in-kind payments. Requires annual report updates for three years.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
(Sec. 2812) Directs the Secretary to publish procedural requirements regarding access to military installations in the United States by individuals, including those performing work under a DOD contract. Allows such requirements to vary between installations depending on its nature, the access granted, and level of security required.
(Sec. 2813) Directs the Secretary to report to the defense and appropriations committees on the disposition of any closure of an active-duty U.S. military installation since 1988 that was not subject to the property disposal provisions of the Defense Base Closure and Realignment Act of 1990 and for which property disposals have not been completed.
(Sec. 2814) Directs the Secretary to report to the defense and appropriations committees on the reorganization of the Air Force Materiel Command organizations.
Subtitle C: Energy Security - (Sec. 2821) Requires congressional notification of any transaction or contract for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department if the term of the transaction or contract exceeds 20 years.
(Sec. 2822) Allows DOD to use for energy security the energy cost savings resulting from shared energy savings contracts.
(Sec. 2823) Amends the MCAA for Fiscal Year 2012 to continue for FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications. Lifts such prohibition upon the submission of a report and updated policy guidance from DOD.
(Sec. 2824) Directs the Secretary to: (1) issue guidance for financing renewable energy projects, (2) issue guidance establishing the processes used to select financing approaches that ensures maximum benefits and mitigates drawbacks and risks associated with various types of financing, and (3) develop a formalized communications process to enable officials at military installations to have access to other installations' information related to financing such projects.
(Sec. 2825) Directs the Secretary to report to the defense and appropriations committees on the use of energy performance contracts awarded by DOD during 2010-2012.
Subtitle D: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2831) Prohibits a live fire training range complex on Guam from being established until the Secretary certifies to the defense and appropriations committees a military training and readiness requirement for such complex.
(Sec. 2832) Places specific limitations on the obligation or expenditure of funds to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii, including specified actions by the Secretaries of Defense and the Navy, as well as the Commander of the U.S. Pacific Command. Provides that, if the Secretary determines that any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2012-FY2013 will result in the development of public infrastructure on Guam, the Secretary may not carry out such grant, agreement, transfer, or supplement unless specifically authorized by law. Provides exceptions, including for analysis or studies required under the National Environmental Policy Act of 1969.
Subtitle E: Land Conveyances - (Sec. 2841) Amends the MCAA, 1987 to allow the Secretary of the Navy to enter into long-term leases of real property within the Broadway Complex of the Department of the Navy, San Diego, California.
(Sec. 2842) Amends the MCAA for Fiscal Year 2000 to allow additional purposes for the use of proceeds from a land conveyance at Tyndall Air Force Base, Florida.
(Sec. 2843) Authorizes the Secretary of the Army to convey to: (1) the village of Lordstown, Ohio, specified real property containing the John Kunkel Army Reserve Center, to be used for public purposes; and (2) the Texas Parks and Wildlife Department specified real property at Fort Bliss, Texas, for the establishment and operation of a state park.
(Sec. 2845) Amends the MCAA for Fiscal Year 2005 to allow an additional post-transfer use with respect to a land conveyance at Fort Hood, Texas.
(Sec. 2846) Authorizes the Secretary of the Army to convey to the Utah VA a specified portion of the Browning Army Reserve Center, Utah, for the construction and operation of a community-based outpatient clinic.
Subtitle F: Other Matters - (Sec. 2851) Increases from 21 to 90 days following congressional notification that the Secretary or Secretary concerned must wait before undertaking a permanent reduction of 1,000 or more members assigned to a military installation.
(Sec. 2852) Authorizes the Secretary concerned to accept services from a nonprofit entity in support of a military museum program and to enter into cooperative agreements with such entities for military museum and military educational institution programs.
(Sec. 2853) Amends the MCAA for Fiscal Year 2012 to provide an additional exception from the general prohibition on the use of DOD funds for a data server farm or data center when the DOD Chief Information Officer exempts RDT&E programs that use authorization of appropriations for the High Performance Computing Modernization Program.
(Sec. 2854) Redesignated the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 2855) Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington (D.C.) Navy Yard for a memorial to honor members who have served as divers, as long as the memorial is paid with private funds and such Secretary has exclusive authority to approve the design and site.
(Sec. 2856) Prohibits the Secretary of the Navy from obligating or expending 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 such Secretary reports to the defense and appropriations committees on the Marine Corps' efforts with respect to the proposed training range. Authorizes the Secretary of Defense to waive the report requirement in the event of urgent national need.
(Sec. 2857) Requires the Secretary, within 30 days after the closure of a U.S. military installation overseas, to submit to the defense committees a plan to ensure the oversight and continued maintenance of any cemetery located on such installation.
(Sec. 2858) Directs the Secretary to submit to the defense and appropriations committees an assessment of the feasibility and advisability of establishing a joint Armed Forces historical storage and preservation facility.
(Sec. 2859) Authorizes the Gold Star Mothers National Monument Foundation to establish a commemorative work on specified federal land in the District of Columbia to commemorate the sacrifices made by mothers, and by their sons and daughters who make the ultimate sacrifice in defense of the United States. Prohibits the Foundation from using federal funds to establish such work. Provides for the deposit of excess contributed funds.
(Sec. 2860) Authorizes the National Mall Liberty Fund D.C. (previously the Black Revolutionary War Patriots Foundation) to establish a memorial on specified federal land in the District of Columbia to honor the more than 5,000 slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution. Prohibits the National Mall Liberty Fund D.C. from using federal funds to establish such memorial. Repeals certain prior year congressional joint resolutions relating to the establishment and approval of the location of a black revolutionary war patriots memorial.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at a specified installation outside the United States. Authorizes appropriations for fiscal years after 2012 for such purpose.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for DOE for FY2013 for: (1) activities of the NNSA in carrying out programs necessary for national security; and (2) plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to limit the number of full-time employees of the NNSA to 1,825 by October 1, 2014. Prohibits any increase after such date unless the NNSA Administrator submits to the defense and appropriations committees a justification therefor. Provides excepted positions, and increases their number from 300 to 600. Requires the Administrator to ensure that the expertise of the national security laboratories and nuclear weapons production facilities is fully utilized through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.
(Sec. 3112) Directs the Administrator, within budget justification materials, to include an assessment of how the budget maintains the core nuclear weapons skills of the NNSA, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.
(Sec. 3113) Replaces provisions directing the Secretary of Energy (Secretary, for purposes of this Division) to provide a management structure for nuclear weapons production facilities and laboratories with a provision requiring the Administrator to establish a management structure for the nuclear security enterprise. Directs the Administrator to establish the National Nuclear Security Administration Council to: (1) advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and (2) make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency.
(Sec. 3114) Amends the Atomic Energy Defense Act to direct the Secretary to construct at Los Alamos National Laboratory, New Mexico, a building to replace the existing Chemistry and Metallurgy Research building associated with DOE Hazard Category 2 special nuclear material operations. Limits the cost of such replacement building, and requires operations to commence at such building no later than December 31, 2026. Provides funding. Prohibits any funds from being obligated or expended on activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capability of such building by such date. Requires the Deputy Administrator for Naval Reactors to study, and report to the defense and appropriations committees on, the costs, benefits, and risks to nuclear safety of such replacement project.
(Sec. 3115) Directs the Administrator to 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. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield.
(Sec. 3116) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
(Sec. 3117) Directs the Administrator to make available to the public each contractor performance evaluation conducted by the NNSA that results in an award fee to such contractor.
(Sec. 3118) Amends the Reagan Act to authorize the Secretary to accept, under any programs within the NNSA's Office of Defense Nuclear Nonproliferation, contributions from other governments and organizations toward the accelerated removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites. Extends through 2018 the authority for such contributions.
(Sec. 3119) Limits the obligation or expenditure of funds authorized for the United States-China Center of Excellence on Nuclear Security until the Secretary certifies to the defense and foreign relations committees that existing and planned non-proliferation activities undertaken with China are not contributing to the proliferation to other nations of nuclear weapons development and technology.
(Sec. 3120) Directs the Secretary and the Administrator to: (1) review and revise the DOE Acquisition Regulation and other appropriate regulations, orders, and policies in order to improve and streamline the administration, execution, and oversight of DOE and NNSA missions and operations; and (2) brief the defense, appropriations, and energy committees on the revised regulations, orders, and policies.
(Sec. 3121) Requires the Administrator to report to the defense and appropriations committees within 30 days after awarding a contract to manage and operate an NNSA facility. Directs the CG to review such report and submit review results to such committees.
(Sec. 3122) Directs the Secretary, acting through the Administrator, to carry out a program on scientific engagement in selected countries to advance global nonproliferation and nuclear security efforts. Limits program funding until the Administrator reports to the defense, appropriations, and foreign relations committees on such program and the countries selected. Requires the Administrator to: (1) notify such committees at least 15 days in advance of any program modifications, and (2) report to such committees on the manner in which such program coordinates and complements (without duplicating) other federal nonproliferation programs. Directs the CG to assess program effectiveness, and submit assessment results to such committees. Terminates program authority at the end of FY2016.
(Sec. 3123) Provides a three-phase approach for the uranium processing facility construction project at the Y-12 National Security Complex, Oak Ridge, Tennessee. Provides budgeting for each phase, dependent on the availability of appropriations. Limits to $4.2 billion the total cost of phase 1. Requires: (1) quarterly progress reports from the CG to the defense and appropriations committees, (2) the Deputy Administrator for Naval Reactors to study the project and report study results to such committees, and (3) the Director of Cost Assessment and Program Evaluation of DOD to submit to such committees a review of the project's costs and schedule.
Subtitle C: Improvements to National Security Energy Laws - (Sec. 3131) Amends the Atomic Energy Defense Act and the National Nuclear Security Administration Act to make organizational changes, revise responsibilities and terminology, repeal expired provisions, consolidate and revise reporting requirements, and make technical and clerical amendments.
(Sec. 3134) Repeals reporting requirements under the NDAA for Fiscal Year 2010 and the Atomic Energy Defense Act.
Subtitle D: Reports - (Sec. 3141) Requires the Nuclear Weapons Council, before proceeding beyond phase 6.2 activities with respect to any (nuclear weapon) lifetime extension program, to report to the defense and appropriations committees on the extension option selected for such program.
(Sec. 3142) Directs the Secretary and the Administrator, as appropriate, to notify the defense, appropriations, and energy committees within 15 days after a nuclear criticality incident resulting from an NNSA or defense environmental cleanup program that results in an injury or fatality or in the partial or complete shut-down of the facility. Requires a record of such incidents to be maintained by the Secretary. Directs such officials to report to such committees on any such incidents during the previous 10-year period.
(Sec. 3143) Directs the Secretary to report quarterly to the defense and appropriations committees 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.
(Sec. 3144) Directs: (1) the Administrator to contract with the National Academy of Sciences (NAS) to conduct a study of peer review and design competition related to nuclear weapons, (2) the NAS to submit study results to the Administrator, and (3) the Administrator to submit study results and recommendations to the defense committees.
(Sec. 3145) Requires the Administrator, in each of 2013 through 2015, to report to the defense and foreign relations committees on the budget, objectives, and metrics of NNSA defense nuclear nonproliferation programs.
(Sec. 3146) Directs the Administrator to submit to the defense and appropriations committees a study of plutonium pits, including their availability and reuse in future life extension programs.
(Sec. 3147) Directs the Secretary of Defense to: (1) assess the annual plutonium pit production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal, and (2) report assessment results to the defense and appropriations committees. Requires assessment updates as necessary.
(Sec. 3148) Directs: (1) the Administrator to commission an independent assessment regarding the transition of the national security laboratories to multi-agency federally funded research and development centers with direct sustainment and sponsorship by multiple national security agencies, and (2) the commissioned entity to report assessment findings to the Administrator and the defense and appropriations committees.
(Sec. 3149) Directs the Nuclear Weapons Council to submit to the defense and appropriations committees an assessment of the feasibility of finding further efficiencies in NNSA facilities and functions in order to reduce costs. Prohibits the availability of funds for certain DOE facility projects until the submission of such report.
(Sec. 3150) Requires the CG to submit to the defense, homeland security, and foreign relations committees the results of a study concerning risks and security of radiological materials at home and abroad.
(Sec. 3151) Directs the Secretary to undertake a review of, and report to Congress on, abandoned uranium mines that provided uranium ore for U.S. atomic energy defense activities. Requires such report to include recommendations addressing the remediation and reclamation of such mines.
Subtitle E: Other Matters - (Sec. 3161) Requires the Administrator and Secretary to ensure that the methods for assessing, certifying, and overseeing nuclear safety at specified defense nuclear laboratories and production facilities use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment when sufficient data exists. Requires such assessment to support rather than replace current requirements under the Atomic Energy Act of 1954 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 public health and safety.
(Sec. 3162) Directs the Secretary to report quarterly to the defense and appropriations committees on each nuclear weapon system undergoing life extension. Requires independent cost estimates for each system. Allows the Secretary of Defense, upon request of the NNSA Administrator, to conduct an independent cost assessment of any NNSA initiative or program estimated at more than $500 million.
(Sec. 3163) Authorizes the Nuclear Regulatory Commission (NRC), in conjunction with the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
(Sec. 3164) Amends the NDAA for Fiscal Year 1998 to prohibit any individual from taking any action against a director of a national security laboratory or nuclear weapons production facility, a member of the Nuclear Weapons Council, or the Commander of the U.S. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: (1) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or (2) the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces.
(Sec. 3165) Authorizes the Secretary to carry out a two-year pilot program at a national laboratory for the purpose of accelerating technology transfer from national laboratories to the marketplace. Requires a pilot program report from the Secretary to the defense, science, and energy committees.
(Sec. 3166) Establishes the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise to examine options and make recommendations for revising the governance structure, mission, and management of the nuclear security enterprise. Requires an interim and final report from the Panel to the President, the Secretaries of Defense and Energy, and the defense and energy committees. Provides funding. Terminates the Panel no later than June 1, 2014.
Subtitle F: American Medical Isotopes Production - American Medical Isotopes Production Act of 2012 - (Sec. 3173) Directs the Secretary of Energy (Secretary, for purposes of this subtitle) to carry out a technology-neutral program to evaluate and support projects for the production of significant quantities of molybdenum-99 for medical uses, to be carried out in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005. Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals and make recommendations to improve program effectiveness; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations using such fuels, targets, and processes. Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses. Requires such contracts to provide for the producers 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. Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created in medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium for which the producer does not have access to a disposal path. Requires the producer of the spent nuclear fuel and radioactive waste to characterize, package, and transport such fuel and waste before its acceptance by DOE. Requires the lease contracts to provide for appropriate compensation for costs incurred in or associated with: (1) the final disposition of spent nuclear fuel and radioactive waste for which DOE is responsible, and (2) carrying out the uranium lease and take-back program described above. Requires such program to be established within three years after the enactment of this Act. Prohibits the Secretary from exchanging uranium for specified services. Deems 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, to be low-level radioactive waste if it is acceptable under federal low-level waste disposal requirements.
(Sec. 3174) Amends the Atomic Energy Act of 1954 to: (1) prohibit the NRC from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this section; and (2) authorize an extension for up to another six years if the Secretary makes specified certifications to the energy committees. Provides that such export ban will not go into effect unless the Secretaries of Energy and Health and Human Services have jointly certified that: (1) there is a sufficient supply of molybdenum-99 without the use of highly enriched uranium to meet the needs of patients in the United States, and (2) it is not necessary to export U.S.-origin highly enriched uranium for medical isotope production in order to meet such patient needs. Permits suspension of an ongoing export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving such suspension.
(Sec. 3175) Requires the NRC Chairman to report to Congress on the current disposition of previous U.S. exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.
(Sec. 3176) Authorizes the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.
(Sec. 3177) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.
(Sec. 3178) Requires the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board (Board).
(Sec. 3202) Amends the Atomic Energy Act of 1954 to give each member of the Board equal responsibility and authority in establishing decisions and determining actions of the Board regarding recommendations, budgets, senior staff, hearings and witnesses, investigations, subpoenas, and setting policies and regulations governing Board operations. Revises the Board's mission. Requires the Board, at least 30 days before transmitting to the Secretary a recommendation with respect to a Board mission or function, to submit a draft thereof and any supporting findings and data, and to allow the Secretary to provide input before the recommendation is finalized. Requires any such input to be made public.
Directs the Board to enter into an agreement with a federal agency to procure the services of the inspector general of that agency. Requires the inspector general chosen to have expertise relating to the Board's mission. Requires the Board, in annual budget materials, to include a separate procurement line item for such services.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2013 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (DOT) (Secretary, for purposes of this title) for FY2013 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet (NDRF), (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Spence Act to make the appropriate version of the Federal Acquisition Regulations to be applied to a contract for the purchase of recycling services the one in effect at the time of contract award.
(Sec. 3503) Limits NDRF vessels to those of 1,500 tons or greater, but allows the Secretary to include others as appropriate.
(Sec. 3504) Authorizes the MA to donate excess vessels and fuel and shipboard and marine equipment on NDRF vessels to state maritime academies for instructional purposes. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.
(Sec. 3506) Allows all federal entities to transfer vessels to the NDRF, without reimbursement, subject to the approval of the Secretaries of Transportation and the Navy with respect to Ready Reserve Force vessels, and the Secretary with respect to all other vessels.
(Sec. 3507) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to conduct sea trials on NDRF vessels when determined necessary (under current law, at least once every 30 months).
(Sec. 3508) Authorizes the Secretary to extend existing Maritime Security Program operating agreements through FY2025. Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants. Extends through such fiscal year the authorization of appropriations for the Program.
(Sec. 3509) Requires the Administrator of the MA to assess, and report to the transportation committees on, the potential for using container-on-barge transportation in short sea transportation.
(Sec. 3510) Revises short sea transportation program purposes. Authorizes (under current law, requires) the Secretary to develop strategies to encourage the use of short sea transportation for the transportation of passengers and cargo.
(Sec. 3511) Authorizes the Secretary to 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 MA vessels or private vessels under U.S. registry, and through partnerships and cooperative efforts with academic, public, private, and non-governmental entities and facilities.
(Sec. 3512) Requires the MA Administrator to identify and publicize actions that could be taken to enable qualified U.S. flag capacity to meet national defense requirements. Requires the agency head responsible for the administration of U.S. navigation or vessel-inspection laws to notify the transportation committees of any request for or issuance of a waiver of any such laws.
(Sec. 3513) Directs the CG to study and report to such committees on the training needs of the maritime workforce.
(Sec. 3514) Requires the CG to assess the source selection procedures and practices used to award the MA's National Defense Reserve Fleet vessel recycling contracts.
(Sec. 3515) Requires the MA Administrator to complete, within 270 days after the enactment of this title, the design for a containerized, articulated barge able to utilize roll-on/roll-off or load-on/load-off technology in marine highway maritime commerce.
(Sec. 3516) Makes training institutions that are an instrumentality of a U.S. state, territory, or the District of Columbia eligible to receive surplus DOT vessels and related equipment for instructional purposes.
(Sec. 3517) Provides for the coordination of certain provisions and committee assignments within this title as necessary due to the earlier or subsequent enactment of the Coast Guard and Maritime Transportation Act of 2012.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law, or on competitive procedures. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including for overseas contingency operations; (6) military construction, including for overseas contingency operations; and (7) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters.
(Sec. 112) Directs the Secretary of the Army, for six years beginning in 2013, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements.
Subtitle C: Navy Programs - (Sec. 121) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers.
(Sec. 122) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished associated equipment. Authorizes such Secretary to employ incremental funding for such procurement upon a determination that such approach will permit the Navy to procure an additional submarine in FY2014.
(Sec. 123) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers and specified systems associated with such vessels.
(Sec. 124) Prohibits the obligation or expenditure of more than 50% of the funds authorized for a second Ford-class aircraft carrier until the Secretary of the Navy submits to the defense and appropriations committees a description of the program management and cost control measures to be employed in constructing such carrier.
(Sec. 125) Earmarks specified funds for commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln during FY2013.
(Sec. 126) Directs the Secretary of Defense (Secretary) to: (1) designate the effort to develop and produce all variants of the mission modules in support of the littoral combat ship (LCS) program as a major defense acquisition program (MDAP), (2) report to the defense and appropriations committees with respect to the development and production of each variant, and (3) report quarterly to such committees on each variant in support of such ship.
(Sec. 127) Directs the Secretary of the Navy to report to the defense and appropriations committees on LCS designs.
(Sec. 128) Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program.
(Sec. 129) Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.
(Sec. 130) Expresses the sense of Congress that: (1) the deterrence provided by a modern fleet of nuclear-powered ballistic missile submarines is critical to U.S. national security, (2) the Navy should replace Ohio class submarines with newer submarines, and (3) a minimum of 12 ballistic missile submarines are necessary to provide continuous at-sea deterrence.
(Sec. 131) Expresses the sense of Congress that: (1) DOD should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands; (2) the Navy should evaluate amphibious lift capabilities to meet current and projected requirements, and should consider prioritization of investment in and procurement of the next generation of amphibious assault ships; (3) such assault ships should maintain survivability protection; (4) operation and maintenance requirements analysis should be considered to reduce total ownership and acquisition cost; and (5) maintaining a robust amphibious shipbuilding industrial base is vital for the future of U.S. national security.
(Sec. 132) Expresses the sense of the Senate that, if the Navy budget for FY2014 includes a request for more than 13 new F-18 aircraft, the FY2014 budget request for F-35 aircraft should include a request for no fewer than six F-35B aircraft and four F-35C aircraft.
Subtitle D: Air Force Programs - (Sec. 141) Reduces from 301 to 275 the number of strategic airlift aircraft, effective as of 45 days after the DOD Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of Staff (JCS) conduct a study of, and report to the defense and appropriations committees on, mobility requirements for all aspects of the National Military Strategy. Requires the Secretary of the Air Force to preserve each C-5 aircraft retired after FY2012 so that such aircraft is stored in a flyable condition, can be returned to service, and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense.
(Sec. 142) Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded.
(Sec. 143) Prohibits the Secretary of the Air Force from cancelling or modifying the avionics modernization program for C-130 aircraft until 90 days after submitting to the defense and appropriations committees a cost-benefits analysis of such program.
(Sec. 144) Directs the Secretary to treat as MDAPs certain programs for the F-22A Raptor aircraft. Requires the Secretary of the Air Force to report annually to the defense and appropriations committees on the costs, schedules, and performance of the F-22A Raptor modernization program.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 152) Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense, appropriations, and intelligence committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award. Authorizes such Secretary to use Air Force procurement funds for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system satellite space vehicles number 5 and 6. Expresses the sense of Congress that such Secretary should not enter into a fixed-price contract under this section unless it will secure substantial Air Force savings over the cost of procuring two systems separately.
(Sec. 153) Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees.
(Sec. 154) Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force.
(Sec. 155) Directs the Secretary of the Air Force, by June 1, 2013, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees.
(Sec. 156) Requires the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to report to the defense and appropriations committees on costs, schedule, and operational capabilities of the shallow water combat submersible program. Requires quarterly updates to such initial report.
(Sec. 157) Directs the Secretary to ensure that all DOD tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified data links and formats in order to ensure communications interoperability. Requires data links and formats chosen to conform to a DOD specification standard, and not include any proprietary or undocumented waveforms. Authorizes a waiver of such requirements if the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense and appropriations committees that: (1) it would be technologically infeasible or economically unacceptable to apply such standards to such aircraft, or (2) such an aircraft is under a special access program that is not considered a MDAP.
(Sec. 158) Directs the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on the Army's small arms and ammunition capabilities, and (2) report study results to the defense and appropriations committees.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability.
(Sec. 212) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the preliminary design review milestone. Prohibits such Secretary, after achieving such milestone, from reducing such contractors to one until preliminary design reviews are completed, the Under Secretary certifies the completeness of the reviews, and 30 days have elapsed since such certification.
(Sec. 213) Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to a medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification.
(Sec. 214) Requires the Secretary to ensure that any FY2013 funds for activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners. Allows a waiver if the Secretary determines that using such procedures is not feasible, notifies the defense and appropriations committees, and five days have elapsed since the notification.
(Sec. 215) Prohibits the obligation or expenditure of amounts under the Next Generation Foundry for the Defense Microelectronics Activity until 60 days after the Assistant Secretary of Defense for Research and Engineering develops and submits to the defense and appropriations committees a microelectronics strategy and an estimate of the full life-cycle costs for the upgrade of such Foundry, as well as an assessment of U.S. manufacturing capability to produce three-dimensional integrated circuits.
(Sec. 216) Directs the Under Secretary to submit to the defense and appropriations committees a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities.
Subtitle C: Missile Defense Programs - (Sec. 221) Prohibits the obligation or expenditure of any FY2013 DOD funds for the medium extended air defense system.
(Sec. 222) Earmarks specified DOD RDT&E funds to Israel for the Iron Dome short-range rocket defense program.
(Sec. 223) Authorizes the Secretary of the Navy to transfer AEGIS weapon system equipment with Ballistic Missile Defense (BMD) capability to the Missile Defense Agency (MDA) for installation in the country designated as Host Nation 1. Requires the MDA Director to make a transfer of related equipment to the Navy for the DDG-51 class destroyer program.
(Sec. 224) Prohibits the obligation or expenditure of more than 75% of the FY2013 funds for the precision tracking space system until the Director of Cost Assessment and Program Evaluation completes and submits to the defense and appropriations committees an evaluation of alternatives to such system. Requires: (1) the MDA Director to enter into a memorandum of understanding (MOU) with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost sharing of such system; and (2) the CG to provide to such committees a briefing on evaluation terms of reference and a final report assessing the evaluation.
(Sec. 225) Requires the MDA Director to: (1) develop a long-term plan for the Exo-atmospheric kill vehicle for the ground-based interceptor and any other interceptor that might be developed against long-range ballistic missiles, and (2) report to the defense and appropriations committees on such plan.
(Sec. 226) Directs the Secretary of the Army to submit to such committees a modernization plan of the Patriot air and missile defense system and related systems of the integrated air and missile defense architecture.
(Sec. 227) Directs the Secretary to conduct a study evaluating at least three possible additional U.S. locations for future deployment of an interceptor capable of protecting against threats from nations such as North Korea and Iran, requiring accompanying environmental impacts. Requires the MDA Director to: (1) develop a contingency plan for an additional interceptor site in case the President decides to proceed with an additional deployment, and (2) notify the defense and appropriations committees when such plan has been developed.
(Sec. 228) Expresses the sense of Congress: (1) for a national priority of defending the United States against the potential future threat of limited ballistic missile attack; (2) in favor of the currently deployed ground-based midcourse defense (GBMD) system to provide such defense, assuming appropriate levels of sustainability and performance; (3) that the MDA should correct problems discovered in GBMD flight tests; and (4) that DOD should continue to evaluate the evolving threat of limited ballistic missile attack, particularly from countries such as North Korea and Iran, and consider other possibilities for affordable and effective steps to improve the posture of the United States to defend itself. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status of efforts to improve U.S. homeland missile defense capability, and (2) a briefing of such committees by the CG with respect to such report.
(Sec. 229) Expresses the sense of Congress that : (1) the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed U.S. forces and allies and partners in Europe, the Middle East and the Asia-Pacific region; (2) DOD has an obligation to protect all such forces; (3) the European Phased Adaptive Approach is an appropriate and necessary response to such threat; (4) DOD should continue to test and plan to deploy all four phases of such Approach, as well as other phased and adaptive regional missile defense efforts; and (5) European members of the North Atlantic Treaty Organization (NATO) are making valuable contributions toward European missile defense. Requires: (1) a report from the Secretary to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts, and (2) a briefing of such committees by the CG with respect to such report.
(Sec. 230) Directs the Secretary to report to such committees on: (1) contributions of NATO members to missile defense in Europe, and (2) the testing program for the GBMD element of the BMD system. Requires a CG briefing with respect to the latter report.
(Sec. 232) Expresses the sense of Congress that: (1) it is U.S. policy to deploy as soon as possible an effective national missile defense system capable of defending the United States against limited ballistic missile attack; (2) further limitations on missile defense capabilities are not in the U.S. national security interests; (3) the New Start Treaty and statements by the Russian Federation do not limit, and should not be interpreted as limiting, current plans to protect the United States or its Armed Forces and allies from such attack; (4) any additional defensive limitations may enter into force only with the advice and consent of the Senate; and (5) the Arms Control and Disarmament Act requires that no action shall be taken that would obligate the United States to reduce or limit its Armed Forces or armaments in a militarily significant manner, except pursuant to the treaty-making power of the President.
(Sec. 233) Expresses the sense of Congress that the Secretary should comply with requirements of the previous National Defense Authorization Act and submit to Congress a homeland defense hedging policy and strategy report.
Subtitle D: Reports - (Sec. 241) Directs the Secretary of the Navy to report to the defense and appropriations committees on the mine countermeasures, antisubmarine, and surface warfare mission packages for the littoral combat ship.
(Sec. 242) Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees.
(Sec. 243) Provides that if the ongoing Marine Corps ground combat vehicle fleet mix study recommends the acquisition of a separate Marine personnel carrier, then the Secretary of the Navy and the Commandant of the Marine Corps shall jointly report to the defense and appropriations committees with respect to such carrier.
(Sec. 244) Requires the Secretary of the Air Force to submit to such committees a report on Air Force cyber and information technology research investments.
(Sec. 245) Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in science, technology, engineering, mathematics, and management; and (2) report review results to the defense and appropriations committees.
Subtitle E: Other Matters - (Sec. 251) Includes educational institutions in Puerto Rico, the Northern Mariana Islands, and U.S. territories and possessions within authorized defense laboratories education partnerships.
(Sec. 252) Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to report to Congress on DOD participation in such activities.
(Sec. 253) Expresses the sense of Congress that the Secretary should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces (members).
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environment - (Sec. 311) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory.
(Sec. 312) Amends the Sikes Act (conservation management on government lands) to authorize the Secretary of the military department concerned (Secretary concerned) to enter into cooperative agreements with Indian tribes for land management in areas adjoining military installations and state-owned National Guard installations.
(Sec. 313) Directs the Secretary to: (1) issue to the military departments and appropriate defense agencies written guidance on environmental exposures at military installations, (2) submit such guidance to the defense and appropriations committees, and (3) brief such committees regarding materiel solutions that would measure environmental exposures to members while in contingency operations.
(Sec. 314) Directs the Secretary, if a required annual report for FY2011 concerning DOD operational energy is not submitted to the defense and appropriations committees by December 31, 2012, to report to such committees on the status of targets listed in the document entitled "Operational Energy Strategy: Implementation Plan, Department of Defense, March, 2012."
(Sec. 315) Prohibits the obligation or expenditure of FY2013 biofuels production funds for the construction of a biofuel refinery until DOD receives matching contributions from the Department of Energy (DOE) and equivalent contributions from the Department of Agriculture for the same purpose.
(Sec. 316) Expresses the sense of the Senate that: (1) DOD airfields, training airspace, and air training routes must be protected from encroachment; (2) placement of obstructions near such areas could potentially increase risk to military aircraft and personnel as well as impact training and readiness; and (3) DOD should develop and promulgate comprehensive guidance to assess the impact of such potential encroachments on DOD's ability to conduct missions or maintain readiness.
Subtitle C: Logistics and Sustainment - (Sec. 321) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2004 to authorize the Secretary concerned to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018.
(Sec. 322) Repeals certain amendments made under the National Defense Authorization Act (NDAA) for Fiscal Year 2012 relating to DOD depot-level maintenance, and revives the former provisions. Directs the Secretary to report biennially to Congress identifying core depot-level maintenance and repair capability requirements and corresponding workloads for each of the military departments (other than the Coast Guard). Requires the CG to review each such report and submit review results to the defense and appropriations committees.
(Sec. 323) Requires the Secretary of the Air Force, in managing system program responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, to comply with DOD instructions regarding the assignment of program responsibility.
Subtitle D: Readiness - (Sec. 331) Authorizes the Secretary concerned to enter into intergovernmental support agreements with state or local governments for the procurement or sharing of installation support services, as long as such Secretary determines that the agreement will serve the best interests of that department.
(Sec. 332) Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines.
(Sec. 333) Expresses the sense of Congress that the Secretary should expedite completion of the study of U.S. strategic ports called for in the conference report accompanying the NDAA for Fiscal Year 2012 so that it can be submitted to Congress before December 31, 2012. Requires such study results to be submitted to the CG, who shall assess such report and submit assessment results to the defense and appropriations committees. Directs the CG to subsequently: (1) conduct a study of DOD programs and efforts related to the state of strategic ports with respect to DOD's operational and readiness requirements, and (2) report study results to such committees.
Subtitle E: Reports - (Sec. 341) Requires as additional information in an annual DOD report on long-term corrosion strategy: (1) data on return of investment for completed corrosion projects and activities; and (2) how such funds are used for military corrosion projects, the technical corrosion collaboration pilot program, and other corrosion-related activities.
(Sec. 342) Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the JCS Chairman, based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment.
(Sec. 343) Revises the deadline for a CG review of an annual report on prepositioned materiel and equipment.
(Sec. 344) Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the U.S. Transportation Command in support of DOD operations.
(Sec. 345) Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory.
Subtitle F: Limitations and Extension of Authority - (Sec. 351) Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents.
(Sec. 352) Requires the Secretary to: (1) establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; and (2) report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes. Directs the CG to review such analysis and assessment and report review results to such committees. Expresses the sense of Congress that Air Force wings performing 24-hour aerospace control alert missions provide an essential service in defending U.S. airspace in the aftermath of the September 11, 2001, terrorist attacks upon the United States.
(Sec. 353) Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed.
(Sec. 354) Prohibits any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship.
(Sec. 355) Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017.
Subtitle G: National Commission on the Structure of the Air Force - National Commission on the Structure of the Air Force Act of 2012 - (Sec. 362) Establishes the National Commission on the Structure of the Air Force to study the current structure of the Air Force to determine whether and how it should be modified to best fulfill current and anticipated Air Force mission requirements consistent with available resources. Requires the Commission to report its findings and conclusions to the President and the defense and appropriations committees. Terminates the Commission 90 days after such report. Provides funding.
Subtitle H: Other Matters - (Sec. 371) Provides that if a military working dog (dog) should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary concerned may transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the Secretary to establish and maintain a system to provide for the veterinary care of retired dogs.
(Sec. 372) Directs the CG to: (1) review DOD policies and procedures for the handling, labeling, and packaging of hazardous material shipments, and (2) report review results to the defense, appropriations, and transportation committees.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
(Sec. 403) Provides an annual 15,000-member limit on reductions in end strengths of the regular Army or Marine Corps during each of FY2014-FY2017.
(Sec. 404) Directs the Secretary to develop and implement a plan to increase the number of Marine Corps personnel assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, as well as Marine Security Group regional commands and detachments at U.S. embassies, consulates, and other diplomatic facilities by up to 1,000 Marines in light of threats to U.S. personnel and property. Requires a description of the expanded security support to be included in each annual budget submission after FY2013. Directs: (1) the Secretary to conduct an assessment of the Marine Corps Security Guard Program and report assessment results to Congress; and (2) the President to notify Congress of any required modification in the scope of such Program.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases by two the authorized Navy active-duty flag officer end strength limitation.
(Sec. 502) Extends through 2018 DOD authority to convene selection boards to consider early discharges for regular officers below lieutenant colonel or commander who have served on active duty for at least one year in their current grade, are not on a promotion list, and are ineligible for retirement.
(Sec. 503) Revises the definition of joint duty assignment as it pertains to instructors to include all instructor assignments for joint training and education.
(Sec. 504) Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement.
(Sec. 505) Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement.
(Sec. 506) Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.)
(Sec. 507) Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 10% of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade.
(Sec. 508) Establishes the position of Chief of Chaplains in the Air Force, holding the grade of major general. Requires such appointee to have served as an active-duty chaplain for at least eight years.
Subtitle B: Reserve Component Management - (Sec. 511) Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998.
(Sec. 512) Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2.
(Sec. 513) Authorizes the Chief of the National Guard Bureau to establish a program to provide professionals (to be known as transition assistance advisors) in each state to serve as points of contact to assist members of the reserves who serve on active duty for more than 180 consecutive days in accessing benefits and health care furnished under the DOD and the VA. Requires an individual transition plan for each member. Provides program funding.
Subtitle C: General Service Authorities - (Sec. 518) Authorizes licensed clinical social workers and psychiatric advanced practice registered nurses (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations.
(Sec. 519) Directs the Secretary (and the Secretary of Homeland Security with respect to the Coast Guard) to develop and implement a plan to measure DOD and Coast Guard efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports. Directs the Secretary of Homeland Security to annually prepare and submit to specified congressional committees a report addressing diversity among officers and enlisted personnel within the Coast Guard and Coast Guard Reserve.
(Sec. 520) Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments.
(Sec. 521) Extends through FY2015 the authority of members to accumulate and carry over up to 75 days of leave.
(Sec. 522) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating.
(Sec. 523) Prohibits providing a waiver for commissioning or enlistment in the Armed Forces for any individual convicted under federal or state law of the felony offense of rape, sexual abuse, sexual assault, incest, or any other sexual offense.
(Sec. 524) Directs the Secretary to standardize, assess, and monitor DOD medical evaluation boards, physical evaluation boards, and physical evaluation board liaison officers. Requires the Secretary to submit to the defense and veterans committees: (1) a one-time report setting forth a plan for the implementation of this section, and (2) subsequent annual reports over four years assessing plan implementation.
(Sec. 525) Requires each department Secretary to report semiannually in 2013-2014 to the defense committees on the number of members of regular components of that armed force who were involuntarily separated from active duty in order to meet force reduction requirements.
(Sec. 526) Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females.
(Sec. 527) Directs the Secretary of the Air Force and the Air Force Chief of Staff to jointly report to the defense and appropriations committees on education and training and promotion rates for Air Force pilots of remotely piloted aircraft.
(Sec. 528) Directs each military department Secretary, in materials in support of the budget for each of FY2014-FY2018, to include a statement of the degree to which their disability population impacts their readiness to meet ongoing mission requirements and dwell time. Requires the Secretary concerned, when necessary, to include a plan to mitigate any adverse impact.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates.
(Sec. 532) Requires, in annual reports of the Committee of the Uniform Code of Military Justice, legal information from the judge advocates general and the staff judge advocate of the Marine Corps, including appellate review results of general or special court martial determinations.
(Sec. 533) Requires the Armed Forces to accommodate the conscience, moral principles, or religious beliefs of its members and, so far as practicable, may not use such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) requiring a chaplain to perform any rite, ritual, or ceremony that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs.
(Sec. 534) Directs the military department Secretaries, and the Secretary of Homeland Security with respect to the Coast Guard, to report to the defense and transportation committees on hazing in each of their respective departments.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program.
(Sec. 542) Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association to support the Naval Academy athletic and physical fitness programs, (2) receive funds from the Association and the National Collegiate Athletic Association (NCAA) to further such support, and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks.
(Sec. 543) Amends the NDAA for Fiscal Year 2012 to remove the limit of five on the number of military occupational specialties or duty specialty codes for coverage under a DOD pilot program on the receipt of civilian credentialing for skills required in military specialties.
(Sec. 544) Authorizes the VA Secretary, as a condition of a grant or contract to a state for certain veterans' employment and training programs, to require the state to demonstrate the consideration of any military training or experience received by a veteran when approving or denying a license or certification as a nonemergency or emergency medical professional or a commercial driver.
(Sec. 545) Directs the Secretary to: (1) assess the extent of access that representatives of institutions of higher education have to military installations, and (2) report assessment results to the defense committees.
(Sec. 546) Requires the Secretary to report to such committees on DOD efforts to standardize educational transcripts issued to members upon their separation.
(Sec. 547) Directs the CG to: (1) review the methodology used by the Military Education Coordination Council in compiling a required report concerning joint professional military education, (2) report review results to the defense committees, and (3) submit to such committees an assessment of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of DOD and the military departments and defense agencies.
Subtitle F: Reserve Officers' Training Corps and Related Matters - (Sec. 551) Repeals the requirement that at least 50% of service academy midshipmen and cadets qualify for and receive in-state tuition rates.
(Sec. 552) Authorizes the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no JROTC unit is maintained if such institution offers a course in military instruction and has at least 50 students above the eighth grade.
(Sec. 553) Amends the Hunter Act to require the Secretary to develop a plan to establish and support at least 3,000 and no more than 3,700 (under current law, not less than 3,700) Junior Reserve Officers' Training Corps (JROTC) units by September 20, 2020. Authorizes the Secretaries concerned to determine that support provided to youth development programs is consistent with JROTC funding limitations and program objectives. Requires additional periodic plan reports until 2020.
(Sec. 554) Directs the CG to report to the defense and appropriations committees on the effectiveness and oversight of the ROTC program.
Subtitle G: Defense Dependents' Education and Military Family Readiness - (Sec. 561) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations. Extends the latter assistance authority through FY2014.
(Sec. 562) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 563) Impact Aid Improvement Act of 2012 - Amends title VIII of the Elementary and Secondary Education Act of 1965 to revise the calculation of: (1) impact aid payments owed to federal property districts, and (2) eligible children displaced from housing located on federal property. Revises the deadline for final payments to educational districts. Terminates such amendments two years after the enactment of this Act.
(Sec. 564) Revises a DOD program which provides transitional compensation and other benefits for the dependents of members who were separated from service due to dependent abuse to include under such coverage a child who was carried during pregnancy at the time of the abuse and born thereafter.
(Sec. 565) Permits the Secretary to authorize the enrollment in a DOD domestic education program of a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Limits such enrollment to the end of that school year. Authorizes the enrollment in the DOD virtual elementary and secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program.
(Sec. 566) Authorizes the head of a federal agency to appoint, on a noncompetitive basis, a relocating spouse of a member ordered to active duty for more than 180 days, or a spouse of a fully disabled or deceased member.
(Sec. 567) Directs the Secretary to report to the defense and appropriations committees on the anticipated future of DOD family support programs during the five-year period after such report as military end strengths are reduced and forces are drawn down from combat operations in Afghanistan.
(Sec. 568) Expresses the sense of Congress in support of the goals and ideals of Yellow Ribbon Day in honor of members who are serving overseas apart from their families and loved ones.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 570) Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates.
(Sec. 571) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, to complete a line-of-duty determination with respect to the assault.
(Sec. 572) Directs each department Secretary to: (1) establish a record on the disposition of any unrestricted report of sexual assault involving a member, whether such disposition is court martial, nonjudicial punishment, or other administrative action; and (2) require the processing for administrative separation of any member convicted of a sexual offense who is not otherwise discharged in connection with such conviction. Requires the commander of every command and other specified units to conduct an organizational climate assessment within 120 days after the commander assumes command, and annually thereafter. Requires DOD to: (1) post and widely disseminate information about resources available to report and respond to sexual assaults, including hotline phone numbers and available websites; and (2) conduct a general education campaign to notify members of authorities available for the correction of military records containing retaliatory personnel action after making a report of sexual assault or harassment. Provides additional requirements regarding the disposition of records of sexual assault reports, including that all such records be retained for at least 20 years.
(Sec. 573) Directs each military department Secretary to establish special victim capabilities for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Directs the Secretary to: (1) prescribe standards for the training, selection, and certification of personnel who will provide such capabilities; and (2) submit to the defense committees the plans and timelines of the military departments for establishing such capabilities, as well as an assessment of such plans and timelines.
(Sec. 574) Amends the NDAA for Fiscal Year 2012 to direct the Secretary to 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. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component.
(Sec. 575) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault.
(Sec. 576) Directs the Secretary to establish an independent panel to review and assess: (1) UCMJ judicial proceedings involving sexual assault and related offenses for purposes of developing potential improvements to such proceedings, and (2) such proceedings since the amendments made to the UCMJ by the NDAA for Fiscal Year 2012, for the same purposes. Outlines panel duties, and requires panel reports to the Secretary and the defense committees during FY2013-FY2017. Terminates the panel at the end of FY2017.
(Sec. 577) Requires, at the request of a member, certain DOD sexual assault forms and records to be retained for at least 50 years.
(Sec. 578) Directs the Secretary to develop a policy to require a general or flag officer to review the circumstances of, and grounds for the proposed involuntary separation of, any member who: (1) makes an unrestricted report of a sexual assault, (2) within one year thereafter, is recommended for involuntary separation, and (3) requests a review on the grounds that the proposed separation was initiated in retaliation for making such report. Requires the Secretary to submit such policy to the defense committees.
(Sec. 579) Directs the Secretary to develop and submit to the defense committees: (1) a policy to prevent and respond to sexual harassment in the Armed Forces, and (2) a plan to collect information and data regarding substantiated incidents of sexual harassment involving members.
Subtitle I: Suicide Prevention and Resilience - (Sec. 580) Directs the Secretary to establish a position for the oversight of all DOD suicide prevention and resilience programs.
(Sec. 581) Directs the Secretary to 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 the NDAA for Fiscal Year 2008. Terminates such program on October 1, 2017. Repeals a superseded provision of the NDAA for Fiscal Year 2008.
(Sec. 582) Directs the Secretary to develop within DOD a comprehensive policy on the prevention of suicide among members.
(Sec. 583) Directs the Secretary of the Army to conduct a study through FY2014 of resilience programs within the Army in order to assess the effectiveness of the current Army comprehensive soldier and family fitness program while verifying current Army means of reducing trends in high-risk or self-destructive behavior and training members to manage stressful or traumatic situations through resilience strategies and techniques. Requires such Secretary to report to the defense committees on such study.
Subtitle J: Other Matters - (Sec. 584) Authorizes the Secretary concerned to issue a prisoner-of-war medal to any person who, while serving in any capacity with the Armed Forces, was held captive under circumstances which such Secretary finds were comparable to those under which persons have generally been held captive by enemy forces during periods of armed conflict.
(Sec. 585) Makes technical amendments relating to the termination of the Armed Forces Institute of Pathology.
(Sec. 586) Removes the requirement that the Secretary publish semiannually in the Federal Register a list of institutions of higher education that are ineligible for DOD contracts and grants by reason of preventing ROTC access or military recruiting on its campus.
(Sec. 587) Authorizes the Secretary concerned to accept gifts and services that benefit the education of members and their families, as well as voluntary services to facilitate accounting for missing persons.
(Sec. 588) Directs the Secretary to ensure that whenever the official flags of all 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands.
(Sec. 589) Requires the Secretary, upon determining that it is in the best interests of DOD to increase the maximum number of defense industry employees enrolled in the Naval Defense Development Program or the Air Force Institute of Technology, to submit to the defense committees a request for such increase.
(Sec. 590) Extends through FY2013 VA authority for a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutional living.
(Sec. 591) Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries.
(Sec. 592) Directs the Secretary to report to the defense committees on certain investigations and reviews conducted with respect to the improper handling and preparation of the remains of deceased members and civilians at the Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base, Delaware.
(Sec. 593) Directs the Secretary, in order to preserve the editorial and management independence of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region remote from the Defense Media Activity at Fort Meade, Maryland. Requires the Secretary to report to the defense committees on the implementation of such requirement.
(Sec. 594) Requires the Director of the American Folklife Center at the Library of Congress to carry out a national public awareness and participation campaign for such Center's Veterans' History Project.
(Sec. 595) Directs the Secretary to submit to the defense committees a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System.
(Sec. 596) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated the National Song of Military Remembrance.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel.
(Sec. 602) Extends through 2013 DOD authority to provide a temporary increase in the rate of the basic allowance for housing (BAH) for housing located in a major disaster area or an area which contains one or more military installations experiencing a sudden increase in assigned personnel.
(Sec. 603) Entitles to a BAH a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member.
(Sec. 604) Requires the rate of BAH paid to a reserve member who performs active National Guard and reserve duty to be based on the member's permanent duty station, even when such member is mobilized for service on active duty other than active Guard and reserve duty. Requires such member to retain such permanent duty station-based BAH during transitions in service from active Guard and reserve duty to other active duty, so long as the member remains on active duty without a break in service. Allows members currently receiving a BAH rate higher than that provided in this section to continue to receive the higher rate until they are reassigned to another permanent duty station. Authorizes the Secretary concerned, in such latter cases, to continue to pay the higher rate at the new duty station to ensure fairness and equity or to serve the best interests of the United States.
(Sec. 605) Directs the Secretary concerned to make a payment to each member who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s).
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2012 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty to one in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances - (Sec. 621) Authorizes the payment of a travel and transportation allowance for a member of the Selected Reserve who is involuntarily separated due to force structure reductions between October 1, 2012, and December 31, 2018, and subsequently fills a critical vacancy in another Selected Reserve unit located more than 150 miles from the member's residence. Allows such payment to include an allowance for dependents and household effects.
(Sec. 622) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty personnel; (2) reserve members holding a valid Uniformed Services Identification and Privilege Card; (3) retired members who, but for not attaining age 60, would be eligible for military retired pay; and (4) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness. Provides a special priority for retired members (and one accompanying dependent) residing in a U.S. commonwealth or possession who need certain health care services not readily available in their location.
Subtitle D: Benefits and Services for Members Being Separated or Recently Separated - (Sec. 631) Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation.
(Sec. 632) Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation.
Subtitle E: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
(Sec. 642) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
Subtitle F: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 651) Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores.
(Sec. 652) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
Subtitle G: Military Lending - (Sec. 661) Applies the prohibition against charging out-of-state members higher interest rates on loans than what is permitted for residents of such state to other forms of consumer credit regulated by the Secretary for the credit protection of members. Includes the Bureau of Consumer Financial Protection among those federal financial regulators with whom the Secretary is required to consult with concerning member credit protection.
(Sec. 662) Provides civil relief for violations of the protections on consumer credit extended to members and their dependents, including actual and punitive damages as well as equitable and declaratory relief. Requires the enforcement of protections on consumer credit for members and their dependents through agencies specified under the Truth in Lending Act.
(Sec. 663) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care.
Subtitle H: Military Compensation and Retirement Modernization Commission - (Sec. 672) Establishes as an independent entity in the executive branch the Military Compensation and Retirement Modernization Commission to: review the military compensation and retirement systems in light of their current elements, force management objectives, and changes in life expectancy and the labor force; and (2) develop recommendations for modernizing such systems. Requires the Commission, prior to making such recommendations, to examine all federal laws and policies concerning direct benefit payments made to members, veterans, and their family members, as well as laws and policies affecting various VA programs and benefits. Directs: (1) the President to establish and transmit to the Commission and Congress principles for modernizing such systems; (2) the Secretary to transmit to the Commission recommendations for such modernization; (3) the Commission to conduct public hearings on such recommendations; and (4) the Commission to report its findings and conclusions to the President.
(Sec. 675) Directs the President, within 60 days after receiving the Commission's report, to transmit to the Commission and Congress a report containing the approval or disapproval of Commission recommendations. Allows for revised recommendations by the Commission in the case of presidential disapproval.
(Sec. 676) Provides for a Commission Executive Director. Terminates the Commission 26 months after its establishment. Provides Commission funding.
Subtitle I: Other Matters - (Sec. 681) Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty.
(Sec. 682) Directs the VA Secretary to submit to the defense and veterans committees a plan to reduce the backlog of pending claims for VA benefits and to more efficiently process such claims.
Title VII: Health Care Provisions - Subtitle A: TRICARE and Other Health Care Benefits - (Sec. 701) Directs the Secretary, beginning on the date of enactment of this Act and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated without cause.
(Sec. 702) Authorizes the Secretary to implement procedures to place selected over-the-counter drugs on the DOD pharmacy benefits program's uniform formulary and make such drugs available to eligible beneficiaries. Allows such a drug to be selected and included only if DOD's Pharmacy and Therapeutics Committee finds that it is cost- and clinically-effective.
(Sec. 703) Revises provisions concerning mental health assessments of members deployed in support of a contingency operation to extend one of the periods during which such assessments are required.
(Sec. 704) Allows the use of DOD funds for abortions in cases of rape or incest.
(Sec. 705) Directs the Secretary to: (1) conduct a one-year pilot program for the treatment of autism spectrum disorders, including applied behavior analysis, and (2) report program results to the defense committees.
(Sec. 706) Authorizes the Secretary, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program to enhance DOD efforts in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Requires a pilot program report from the Secretary to the VA Secretary and the defense and appropriations committees.
(Sec. 707) Expresses the sense of Congress that: (1) members and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service, as do those who have been medically retired; and (2) access to quality health care services during retirement is an earned benefit in acknowledgment of such service and sacrifices.
Subtitle B: Health Care Administration - (Sec. 711) Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above.
(Sec. 712) Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay. Authorizes the Secretary to increase such copayments as of the beginning of FY2022.
(Sec. 713) Includes within medical malpractice provisions of the Federal Tort Claims Act DOD subcontractors providing health care services under personal services contracts.
(Sec. 714) Amends the NDAA for Fiscal Year 1996 to require an ongoing evaluation of the effectiveness of the TRICARE program to include its impact on members and their dependents, military retirees (current law) and their dependents, dependent children under age 21, and dependents of members on active duty with severe disabilities and chronic health care needs.
(Sec. 715) Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Assistant Secretary of Defense for Health Affairs to assess the effectiveness of any process so developed.
(Sec. 716) Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017.
Subtitle C: Mental Health Care and Veterans Matters - (Sec. 723) Directs the Secretary to enter into a joint MOU with the VA Secretary providing for: (1) the DOD-VA sharing of the results of examinations and records under the medical tracking system for members deployed overseas, and (2) certain combat-experienced former members to be considered for employment as VA peer counselors.
(Sec. 725) Directs the Secretary to: (1) provide for the translation of research on the diagnosis and treatment of mental health conditions into policy on medical practices, and (2) report to the defense committees on such translation.
(Sec. 726) Directs the VA Secretary to: (1) develop and implement measures to assess VA mental health care services, as well as guidelines for the staffing of such services; and (2) report semiannually to the veterans committees on progress in developing and implementing such measures and guidelines.
(Sec. 727) Expands the Vet Center program of counseling to former members who served on active combat duty to include the furnishing of counseling to their family members.
(Sec. 728) Establishes in the Veterans Health Administration the Readjustment Counseling Service, to provide veterans' readjustment counseling and associated services. Requires an annual Service activities report from the VA Secretary to the veterans committees.
(Sec. 729) Directs the VA Secretary to carry out a national outreach program to recruit mental health providers to provide such services for the VA on a part-time, no-compensation basis.
(Sec. 730) Requires (under current law, authorizes) the VA Secretary to carry out a counseling program for veteran peer counselors. Requires such program, as well as peer outreach and peer support services, to be carried out at each VA medical center.
Subtitle D: Reports and Other Matters - (Sec. 731) Directs the Secretary to: (1) develop a detailed plan for implementing reforms to the governance of the military health system, as described in a March 2012 DOD memorandum; and (2) provide phased reports to the defense and appropriations committees on such plan. Limits the availability of certain DOD O&M funds until the submission of such reports. Requires CG review of the submitted plan.
(Sec. 732) Requires a report from the Secretary to the defense committees setting forth DOD policy on the future availability of TRICARE Prime for eligible beneficiaries in all TRICARE regions.
(Sec. 733) Amends the NDAA Act for Fiscal Year 2012 to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members.
(Sec. 735) Directs the Secretary to: (1) conduct a study on DOD health care and related support provided to dependent children of members, and (2) report on such review to the defense and appropriations committees.
(Sec. 736) Directs the Secretary to submit to the defense and appropriations committees a strategy, including a detailed timeline, to refine, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries.
(Sec. 737) Directs the Secretary to conduct a study on the incidence of breast cancer among members serving on active duty and report study results to the defense and appropriations committees.
(Sec. 738) Requires the Secretary to: (1) establish a policy containing uniform performance outcome measurements to be used by each department Secretary in tracking and monitoring members participating in Warriors in Transition programs, (2) establish metrics and milestones for such members, and (3) provide an initial and and five subsequent annual reports to the defense and appropriations committees on the policy established and each department's performance under the policy.
(Sec. 739) Expresses the sense of Congress in support of VA and DOD efforts to educate members and veterans and their families, the medical community, and the public with respect to the causes, symptoms, and treatment of PTSD. Directs the Secretary to submit to the defense committees a plan to improve the coordination and integration of DOD programs that address TBI and the psychological health of members.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the NDAA for Fiscal Year 2008 to exempt DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act).
(Sec. 802) Directs the Secretary, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to issue guidance and regulations to ensure that when an offeror for a contract or a task or delivery order informs such agency that the offeror intends to award subcontracts for more than 70% of the contract value, the contracting officer will be required to: (1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with the subcontractor that will perform the bulk of the work, (2) make a written determination that the contracting approach selected is in the best interests of the government, and (3) document the basis for such determination.
(Sec. 803) Allows amounts from the Defense Acquisition Workforce Development Fund to be used for temporary acquisition personnel only for training such personnel in the performance of acquisition-related functions and duties. Extends through FY2017 DOD authority for the expedited hiring of acquisition workforce personnel. Requires the Under Secretary to develop an implementation plan for the limited funding authority for the temporary personnel.
(Sec. 804) Directs the Secretary to review, and modify as necessary, the profit guidelines in Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) to identify any modifications necessary to ensure an appropriate link between contractor profit and contractor performance.
(Sec. 805) Amends the NDAA for Fiscal Year 2008 to: (1) repeal the requirement of DOD Inspector General follow-up reports on internal controls for procurements made by DOD through certain non-defense federal agencies; and (2) authorize (under current law, direct) the inspectors general of DOD and the non-defense agencies to enter into a MOU concerning their review and determinations with respect to such internal controls.
(Sec. 806) Amends the Skelton Act to extend through FY2018 a pilot program on the management of DOD supply chain risk. Requires the Secretary to: (1) establish criteria for measuring the effectiveness of the program, as well as its implementation; and (2) report to Congress on such effectiveness and implementation.
(Sec. 807) Expresses the sense of Congress in support of: (1) DOD efforts to implement the Item Unique Identification Initiative (Initiative) (the marking and tracking of assets deployed throughout the Armed Forces or in the possession of DOD contractors), (2) measures to verify contractor compliance with DOD-FAR regulations on unique identification, (3) DOD adoption and implementation of Initiative actions and milestones, and (4) DOD capture and use of Initiative meaningful data and benefits.
Subtitle B: Provisions Relating to Major Defense Acquisition Programs - (Sec. 811) Directs the Secretary to modify acquisition regulations to prohibit DOD from entering into cost-type contracts for the production of major defense acquisition programs (MDAPs). Provides an exception when the Under Secretary certifies that such a contract is needed to provide a required capability in a timely and cost-effective manner. Applies such requirements to MDAP production contracts entered into on or after October 1, 2014.
(Sec. 812) Requires: (1) the Under Secretary to review acquisition guidance to ensure that program managers for MDAPs are preparing estimates of potential termination liability for contracts with a potential liability of $100 million or more, and (2) the CG to report to the defense and appropriations committees on the extent to which DOD is considering such potential liability as a factor in entering into and terminating such contracts.
(Sec. 814) Amends the Weapon Systems Acquisition Reform Act of 2009 to repeal the requirement to review ongoing MDAPs initiated before the enactment of DOD milestone B certification and approval process requirements.
Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 821) Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years.
(Sec. 822) Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items.
(Sec. 823) Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using appropriate predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels.
(Sec. 824) Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program.
(Sec. 825) Amends the Weapon Systems Acquisition Reform Act of 2009 to require the Secretary to take certain actions to ensure appropriate competition at the MDAP subcontract level, including, where appropriate, breaking out a major subsystem, conducting a separate competition for the subsystem, and providing the subsystem to the prime contractor as government-furnished equipment.
(Sec. 826) Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms.
(Sec. 827) Provides additional whistleblower protections for defense contractor employees, including: (1) extending such protection to subcontractor employees; (2) adding as a valid disclosure an abuse of authority relating to a DOD or NASA contract or grant; (3) specifying the individuals and officials to whom such disclosures may be made, including management officials of the contractor or subcontractor; (4) extending coverage to reprisal actions taken in concert with the contracting agency; (5) conforming standard-of-proof requirements to those applicable for federal employees; (6) prohibiting whistleblower protections from being waived by an arbitration agreement; and (7) excepting from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community.
(Sec. 828) Prohibits an employee of a federal (non-defense) contractor, subcontractor, or grantee from being discharged, demoted, or otherwise discriminated against for disclosing to specified persons or bodies information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract. Includes as appropriate persons or bodies for such disclosure a Member of Congress, an inspector general, the Government Accountability Office (GAO), a federal employee responsible for contract or grant oversight or management, an authorized official of the Department of Justice (DOJ) or other law enforcement agency, a court or grand jury, or a management official or other employee of the contractor, subcontractor, or grantee responsible for investigating, discovering, or addressing misconduct. Outlines procedures for the investigation of such complaints (with a three-year statute of limitations), remedy and enforcement authority through the appropriate inspector general, and judicial review through the appropriate appellate court. Excepts from such protections disclosures made by an employee of a contractor or subcontractor of an element of the intelligence community. Terminates such requirements four years after the enactment of this Act. Directs the CG to evaluate the implementation of such requirements and report results to Congress.
(Sec. 829) Directs the Secretary to review current personal conflict-of-interest limitations on DOD contractor employees to determine whether such limitations should be placed on contractor personnel performing: (1) functions other than acquisition functions that are closely associated with inherently governmental functions, (2) personal services contracts, or (3) contracts for staff augmentation services.
(Sec. 830) Repeals the September 30, 2016, sunset for DOD authority to file bid protests for task and delivery orders in excess of $5 million.
(Sec. 831) Directs: (1) the Under Secretary to issue guidance on the use of DOD authority to evaluate the reasonableness of contractor prices, and (2) the CG to review certain acquisition cost or pricing data and report to the defense and appropriations committees on the need for additional information to determine price reasonableness.
(Sec. 832) Requires the Director of the Defense Contract Audit Agency to issue revised guidance on Agency auditor access to contractor internal audit reports and supporting materials. Requires such guidance to: (1) ensure that requests for access to contractor internal audit reports are appropriately documented, and (2) include appropriate safeguards to ensure the protection and confidentiality of such reports. Directs the CG to review the access documentation and report review results to the defense and appropriations committees.
(Sec. 833) Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts.
Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations - (Sec. 841) Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Repeals an expired reporting requirement.
(Sec. 842) Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations.
(Sec. 843) Directs the Secretary to issue guidance establishing the chain of authority and responsibility within DOD for policy, planning, and execution of operational contract support.
(Sec. 844) Directs the Secretaries of Defense and State and the USAID Administrator to each issue guidance regarding data collection on contract support for future contingency operations outside the United States that involve combat operations. Requires the CG to review the data collection systems established to track contractor data and report review results to the defense, appropriations, and foreign relations committees.
(Sec. 845) Requires the DOD military readiness reporting system to measure, on an annual basis, the capability of operational contract support for current and anticipated wartime missions. Makes the JCS Chairman responsible for determining the operational contract support requirements of the Armed Forces and recommending appropriate resources therefor. Requires the curriculum for each phase of joint professional military education to include courses relating to operational contract support, including such support for contingency operations.
(Sec. 846) Directs the Secretary to require that a risk assessment on reliance on contractors be included in operational or contingency plans developed by a commander of a combatant command. Requires the head of each appropriate defense agency, no later than six months after the designation or commencement of a contingency operation outside the United States that is expected to or includes combat operations, to perform a risk assessment and develop a risk management plan for operational and political risks associated with contractor performance of critical functions in support of such operation for that agency. Provides an exception to such assessment and plan requirement for an operation that is not expected to continue for more than a year or one whose operational support contract amount is not expected to exceed $250 million.
(Sec. 847) Amends the NDAA for Fiscal Year 2008 to extend until February 1, 2015, DOD reports on contracting in Iraq and Afghanistan. Repeals CG review of such reports.
(Sec. 848) Amends the Inspector General Act of 1978 to provide additional responsibilities for the Chair of the Council of Inspectors General on Integrity and Efficiency upon the commencement or designation of an overseas contingency operation that exceeds 60 days, including the designation of a lead Inspector General among the inspectors general of DOD, the Department of State, and USAID. Provides lead Inspector General duties in such cases, including developing and carrying out an annual joint-strategic plan for operation oversight, and reporting biannually to Congress on the activities of the lead Inspector General and the other inspectors general during such operation.
(Sec. 849) Expands the responsibilities of chief acquisition officers in federal agencies to include oversight of contracts and contracting activities for overseas contingency operations.
(Sec. 850) Directs the Secretary of State and the USAID Administrator to submit to specified congressional committees an assessment of their departments' policies governing contract support for overseas contingency operations. Requires a related CG report on the progress of such departments in implementing changes and improvements to such policies.
(Sec. 851) Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged to the federal government under government contracts, in order to assist federal agencies in evaluating offers for contracts which include such items and services.
(Sec. 852) Requires information on a corporation that is included in a required federal database concerning the integrity and performance of entities awarded federal contracts or grants to include information on any parent, subsidiary, or successor entity of such corporation as appropriate for better understanding the performance of such corporation.
(Sec. 853) Directs the Federal Acquisition Regulatory Council to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used by executive agencies for making source selection decisions. Requires FAR to be revised to require that affected contractors: (1) are notified of the information to be so included; and (2) given up to 14 days to submit comments, rebuttals, or additional information on their behalf. Directs the CG to report to specified congressional committees on Council actions taken pursuant to this section.
Subtitle E: Other Matters - (Sec. 861) Outlines specified requirements and limitations for suspension and debarment officials, including: (1) maintaining at least one official for each military department, the Defense Logistics Agency, the Department of State, and the USAID; (2) that each official not be subject to the supervision or control of the acquisition office or inspector general of either DOD or the department or agency concerned; (3) that each official document the basis for any final decision taken pursuant to a formal suspension or debarment referral; and (4) that each official develop written policies for the consideration of referrals and of suspension and debarment matters that are not formally referred. Requires the Interagency Committee on Debarment and Suspension to submit annually a summary of suspensions, debarments, and administrative agreements during the previous year.
(Sec. 862) Requires the Secretary and the Administrator of the Office of Federal Procurement Policy to: (1) establish uniform standards, requirements, and rules for processing DOD procurement requests, contracts, receipts, and invoices; (2) establish and maintain one or more electronic contract writing systems that conform with such standards, requirements, and rules; and (3) require the use of electronic contract writing systems approved for all contracts entered into by DOD or executive agencies. Provides a phase-in of the approved systems. Requires a report from the Secretary and the Administrator to specified congressional committees on the requirements of this section.
(Sec. 863) Amends the NDAA for Fiscal Year 1994 to extend through FY2018 DOD authority to carry out projects relevant to weapons or weapon systems proposed to be acquired or developed by DOD through transactions other than contracts, grants, or cooperative agreements.
(Sec. 864) Requires the CG to report to Congress on the effect of reducing the allowable costs of contractor compensation to the annual amount paid to the President.
(Sec. 865) Requires annual reports, after each of FY2013-FY2016, from the Secretary to the defense, budget, and appropriations committees on the use of indemnification agreements within defense contracts.
(Sec. 866) Requires the Secretary to submit to the defense and appropriations committees a plan to increase the number of contractors eligible to be awarded contracts under the Air Force Network-Centric Solutions-2 indefinite delivery and quantity contract.
(Sec. 867) Directs the CG to include in a required annual GAO report a list of the most common grounds for sustaining protests relating to bids for contracts.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises responsibilities of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy with respect to the defense industrial base, its supply chain, and supply chain vulnerability throughout, from suppliers to producers of major end items. Adds as additional responsibilities: (1) coordinating with the Director of Small Business Programs on matters relating to industrial base policy; (2) ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements; and (3) establishing DOD policies for continued reliable resource availability from secure sources. Revises the composition of the Strategic Materials Protection Board to include: (1) the DAS, who shall be the chairman; and (2) the Administrator of the Defense Logistics Agency Strategic Materials, who shall be vice-chairman.
(Sec. 902) Directs the Secretary to designate a senior official as the principal official responsible for leading DOD's actions on urgent operational needs and rapid acquisition.
(Sec. 903) Requires the Secretary to: (1) designate a senior DOD official for coordination and management oversight of data conversion for all DOD enterprise resource planning systems, and (2) set forth the responsibilities of that official with respect to such data conversion.
(Sec. 904) Provides that the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation (Deputy) shall report directly to the Under Secretary, without the interposition of any other supervising official. Requires the President, in the annual budget, to include a separate statement of expenditures and proposed appropriations for that fiscal year for activities of such Deputy. Requires consultation with such Deputy: (1) with respect to a required annual DOD report on critical technologies, and (2) during an MDAP certification process. Requires such Deputy's annual report to include a separate section covering activities of the DOD Test Resource Management Center. Requires an annual report, for FY2013-FY2018, from the Under Secretary to the defense and appropriations committees on each case in which a MDAP proceeded to either implementation of a test and evaluation master plan or to initial operational testing and evaluation notwithstanding negative determinations to do so by the Deputy.
(Sec. 905) Directs the Secretary to: (1) define for purposes of joint doctrine the terms "preparation of the environment" and "operational preparation of the environment"; and (2) report to the defense committees on the defined terms.
(Sec. 906) Requires military departments and defense agencies to submit to DOD's Deputy Chief Management Officer information on covered defense business system programs as necessary for a defense business system investment review.
Subtitle B: Space Activities - (Sec. 911) Directs the Under Secretary to report to the defense and appropriations committees on each major satellite acquisition program that assesses the integration of schedules for the acquisition and delivery of the capabilities of components for the program, as well as its funding. Requires the Milestone Decision Authority of each such program to include such report as part of the documentation used to approve program acquisition. Directs the Under Secretary to notify such committees in the event of the non-integration of the acquisition and capability delivery schedules of any such program. Requires annual updates until the earlier of five years or the date when the program is no longer non-integrated. Directs the CG to review and report to the defense and appropriations committees on any program that is still non-integrated after such deadline.
(Sec. 912) Authorizes the Secretary to: (1) maximize the use of DOD space transportation infrastructure (STI) by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Authorizes the Secretary to enter into contracts with such entities, and to accept contributions toward authorized activities. Establishes the Defense Cooperation Space Launch Account for the above purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 913) Requires, at the same time that the United States becomes a signatory to a binding agreement concerning an international code of conduct for outer space activities: (1) the President to certify to Congress that such agreement has no effect or basis for limiting U.S. activities in outer space; and (2) the Secretary, the JCS Chairman, and the Director of National Intelligence (DNI) to certify to the defense and appropriations committees that such agreement will be equitable, enhance national security, and have no significant military impact on U.S. ability to conduct military or intelligence activities in space. Prohibits any such actions having a significant military impact except pursuant to the President's treaty-making power. Requires related congressional briefings and notifications with respect to non-legally binding international agreements. Directs the Secretary and the DNI to report annually to Congress on the counter-space programs of foreign countries.
(Sec. 914) Places the Operationally Responsive Space Program Office within the Air Force Space and Missile Systems Center. (Under current law, such Office is under DOD.) Directs the Secretary to establish the Operationally Responsive Space Executive Committee to provide coordination, oversight, and approval of Office projects.
(Sec. 915) Directs the Secretary to report to the defense, appropriations, and intelligence committees on overhead persistent infrared technology requirements of DOD and the intelligence community. Requires the CG to assess such report and submit assessment results to the defense and appropriations committees.
(Sec. 916) Directs the Under Secretary to: (1) conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for the launch vehicles under the evolved expendable launch vehicle program, and (2) report assessment results to the defense and appropriations committees.
(Sec. 917) Directs the Secretary to report to Congress on key space technologies that could be used, or are being sought, by a foreign country with a counter-space or ballistic missile program, and which therefore should be subject to export controls by the United States or its ally.
Subtitle C: Intelligence-Related Activities - (Sec. 921) Authorizes the DNI to provide geospatial intelligence support to regional organizations with defense or security components, and to security alliances of which the United States is a member. Requires the Director of the National Geospatial-Intelligence Agency (NGIA) to report annually to the defense, appropriations, and intelligence committees on the imagery intelligence or geospatial information support that such Director provides to a regional organization or security alliance.
(Sec. 922) Makes technical amendments to reflect the change in the name of the National Defense Intelligence College to the National Intelligence University.
(Sec. 923) Requires the Secretary of the Army to direct the Army Systems Acquisition Review Council to review the Army's distributed common ground system, and report review results to the defense and appropriations committees.
(Sec. 924) Directs the JCS Chairman to submit to the Congressional Budget Office (CBO) a report describing DOD peacetime and wartime requirements for electro-optical imagery. Requires the CBO Director to submit a report assessment to the defense, appropriations, and intelligence committees. Provides funding for the service level agreements.
(Sec. 925) Prohibits the number of military and civilian personnel serving in DOD and conducting or supporting human intelligence from exceeding the number of such positions as of April 20, 2012. Requires the Secretary, if such number exceeds such limit as of the date of enactment of this Act, to take action to promptly reduce such number to reach such limit. Provides an exception if the Secretary submits to the defense, appropriations, and intelligence committees a comprehensive justification therefor. Requires: (1) the DOD Director of Cost Assessment and Program Evaluation to submit to such committees a comprehensive estimate of the costs of the Defense Clandestine Service; and (2) the Under Secretary of Defense for Intelligence to also submit a report on such Service, including information on deployments and the management of case officers.
Subtitle D: Cyberspace-Related Matters - (Sec. 931) Directs the Secretary to submit to the defense and appropriations committees: (1) a strategy for implementing the Joint Information Environment, and (2) a DOD-wide personnel plan for making such Environment operational.
(Sec. 932) Requires the DOD CIO to develop and submit to Congress a strategy to acquire next-generation host-based cybersecurity tools and capabilities for DOD.
(Sec. 933) Directs the Under Secretary to: (1) develop and implement a baseline software assurance policy for the entire lifecycle of computer software acquired for DOD critical information, business, and weapons systems; (2) collect data on, and measure the effectiveness of, such policy; and (3) brief the defense and appropriations committees on additional means of improving software assurance and vulnerability detection.
(Sec. 934) Directs the Under Secretary to: (1) develop an inventory of all DOD data link systems in use and in development; (2) conduct an analysis of whether such systems' upgrade, new deployment, or replacement should be open to competition; (3) develop, for the appropriate systems, a plan to achieve such competition; (4) prepare, for the appropriate systems, a justification of those that should not be open to competition; and (5) submit to Congress any plan developed under (3) above.
Sec. 935) Authorizes the DOD CIO to use available funding and capabilities of the Community Data Center of the Defense Information Systems Agency to develop and demonstrate collection, processing, and storage technologies for DOD network flow data, especially with respect to cybersecurity threats and assessments.
(Sec. 936) Directs the Secretary to: (1) conduct an analysis of large-scale software database tools and data analysis tools that could be used to meet current and future DOD needs for large-scale data analytics, and (2) submit analysis results to the defense and appropriations committees. Provides that if, following such analysis, the DOD CIO identifies needs for such tools, then DOD shall acquire them based on market research and using competitive procedures. Requires the DOD CIO to notify such committees of any election to acquire such tools using procedures other than competitive procedures.
(Sec. 937) Directs the DOD CIO to issue a plan for the inventory of selected DOD software licenses. Requires the Secretary, upon a determination that the number of such licenses exceeds DOD needs, to implement a plan to bring such number into balance with DOD needs.
(Sec. 938) Expresses the sense of Congress that DOD: (1) must ensure full visibility and adequate control of its supply chain, including subcontractors, in order to mitigate supply chain exploitation; and (2) needs the authority and capability to mitigate supply chain risks to its information technology systems that fall outside the scope of national security systems.
(Sec. 939) Directs the Secretary to provide the defense committees with quarterly briefings on all offensive and significant defensive military operations in cyberspace. Requires the initial briefing no later than March 1, 2013.
(Sec. 940) Expresses the sense of Congress that Congress: (1) recognizes the serious cyber threat to national security and the need to protect the nation's networks and critical infrastructure, (2) acknowledges the importance of DOD's unified command structure and recognizes that a change in the status of the U.S. Cyber Command has department-wide and national security implications, (3) expects to be briefed and consulted about any proposal to elevate such Command to a unified command at the time that the Secretary makes such a proposal to the President, and (4) believes that appropriate policy foundations and standing rules of engagement must be in place before any decision to create a unified U.S. Cyber Command.
(Sec. 941) Directs the Secretary to: (1) establish a procedure by which cleared defense contractors shall report to a designated DOD component when a designated network or information system of such contractor is successfully penetrated, and (2) designate a senior official to establish criteria for the appropriate networks or information systems that shall be subject to such reporting process.
Subtitle E: Other Matters - (Sec. 951) Requires the JCS Chairman to identify, assess, and approve military requirements to meet the national military strategy, and to ensure that life-cycle cost, schedule, and performance objectives are achieved in the acquisition of material solutions to meet such requirements. Requires the Joint Requirements Oversight Council to assist the JCS Chairman in such matters. Revises the roles of the chiefs of the military departments in the development and certification of requirements for equipping their respective military departments.
(Sec. 952) Provides additional responsibilities of the JCS Chairman with respect to the preparation and submission of the National Military Strategy, including an annual assessment of the risks associated with the most recent Strategy or update thereto.
(Sec. 953) Amends the Hunter Act to extend through FY2013 the authority of the Secretary to waive reimbursement of the costs of activities of regional centers for security studies with respect to personnel of nongovernmental and international organizations who participate.
(Sec. 954) Amends the David L. Boren National Security Education Act of 1991 to authorize the Secretary to establish and maintain within DOD a National Language Service Corps to provide a pool of nongovernmental personnel who agree to provide foreign language services to DOD or another federal department or agency. Directs the Secretary, if the Corps is established, to provide for a National Security Education Board to oversee and coordinate Corps activities. Authorizes the Secretary to impose fees for language services and technical assistance rendered by Corps personnel.
(Sec. 955) Directs the Secretary to ensure, through an efficiencies plan, that the civilian personnel workforce and service contractor workforce of DOD are appropriately sized to support and execute the National Military Strategy, taking into account military personnel and force structure levels. Requires the plan to ensure that savings in funding for such workforces from FY2012-FY2017 are at least equal to the percentage of savings in funding for military personnel pay achieved from military end strength reductions over the same period. Provides authorized exclusions. Requires an initial and subsequent status reports from the Secretary to the defense and appropriations committees on the plan, its implementation, and savings achieved. Expresses the sense of Congress that 30% of the savings achieved by the plan should be used for costs of assisting separated personnel in the transition from military service to civilian life. Directs the CG to review the initial and subsequent status reports, and report review results to such committees.
(Sec. 956) Amends the David L. Boren National Security Education Act of 1991 to include among individuals eligible for expedited federal hiring following completion of the national security education program those taking a position in the excepted service that is certified by the Secretary as contributing to the national security.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Expresses the sense of Congress that the chiefs of the military departments and the Commander of the U.S. Special Operations Command should submit to the defense and appropriations committees a list of any priority military programs or activities under their jurisdiction for which additional funds, if available, would substantially reduce operational or programmatic risk or accelerate the creation or fielding of a critical military capability.
(Sec. 1004) Authorizes the Secretary, if the amount authorized for NNSA weapons activities is less than the amount projected to be required for FY2013, to transfer up to $150 million of DOD-authorized funds to the Secretary of Energy for such purposes. Requires congressional notification of any such transfer.
(Sec. 1005) Amends the NDAA for Fiscal Year 2010 to require the statement of budgetary resources of DOD to be validated as ready for audit by no later than September 30, 2014. Directs the chief management officers of DOD and the military departments to ensure that plans to achieve such goal include appropriate steps to minimize one-time fixes and manual work-arounds, are sustainable and affordable, and will not delay full auditability of financial statements. Requires additional audit-related information in each semiannual report on the financial improvement and audit readiness plan required under such Act.
(Sec. 1006) Requires the Secretary to submit to Congress and make publicly available the total amount of all balances carried forward by DOD at the end of FY2012, as well as the total amount of any balances carried forward for five years or more as of the end of FY2012.
(Sec. 1007) Requires a report from the Under Secretary of Defense (Comptroller) to the defense and appropriations committees on the possible elimination, revision, or streamlining of reporting and regulatory requirements if DOD financial statements were audited with an unqualified opinion.
Subtitle B: Counter-Drug Activities - (Sec. 1008) Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to: (1) subtract one and add one to the authorized National Guard counterdrug schools, and (2) require an annual report from the Secretary to Congress on the activities of such schools.
(Sec. 1009) Directs the Secretary to submit semiannually to the defense and appropriations committees a description of the expenditure of funds from the Drug Interdiction and Counter-Drug Activities, Defense account, including with respect to the direct or indirect support of counter-drug activities of foreign governments. Terminates the report requirement at the end of FY2016.
(Sec. 1010) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2013 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1011) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2013 DOD authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities, and (2) 1998 to require biennial (rather than annual) certification of DOD support provided to certain foreign governments for counter-drug activities.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1013) Amends the NDAA for Fiscal Year 2008 to require the Secretary of the Navy (under current law, the Secretary of Defense) to notify the defense and appropriations committees when determining that it would be impractical for any new class of naval ships to be nuclear-powered.
(Sec. 1014) Prohibits more than 50% of Navy emergency and extraordinary expenses funds from being used until the Secretary includes in defense budget materials a naval vessel construction plan and certification.
(Sec. 1015) Directs the Chief of Naval Operations to submit to the defense and appropriations committees a description of the current Navy requirements for combatant vessels, including submarines. Requires additional information if the number of such vessels is less than 313.
(Sec. 1016) Requires such Chief and the Commandant of the Marine Corps to jointly submit to such committees an assessment of the Marine Corps Prepositioning Program-Norway and the capability of such Program to address any readiness gaps that will be created by termination of the Maritime Prepositioning Ship Squadron One in the Mediterranean. Prohibits funds from being used for a Maritime Prepositioning Ship squadron termination until such report is submitted.
(Sec. 1017) Expresses the sense of Congress that: (1) the sea services of the United States should be funded and maintained to provide the broad spectrum of capabilities required to protect U.S. national security; (2) such capabilities should include the ability to project U.S. power anywhere on the globe, protect supply lines, land and recover maritime forces, operate from the subsurface, and prevent piracy at sea; and (3) the Secretaries of Defense and Homeland Security should maintain Navy and Coast Guard recapitalization plans, respectively, as a priority.
(Sec. 1018) Prohibits the Secretary of the Navy from announcing or implementing any proposal to name a Navy vessel until 30 days after submitting to the defense committees a notification of, and justification for, such naming.
Subtitle D: Counterterrorism - (Sec. 1021) Extends through FY2014 DOD authority to pay rewards for providing U.S. government personnel with information or nonlethal assistance in combating terrorism against the United States. Directs the Secretary to report to the defense and appropriations committees on future requirements and authorities to make such rewards.
(Sec. 1022) Prohibits FY2013 DOD funds from being used to construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo).
(Sec. 1023) Requires the DNI to submit to the defense, foreign relations, and intelligence committees over a six-year period an assessment of the factors that cause or contribute to the recidivism of Guantanamo detainees who are transferred or released to a foreign country.
(Sec. 1024) Directs the Secretary, within 30 days after first detaining an individual who is captured pursuant to the Authorization for Use of Military Force (AUMF) on a naval vessel outside the United States, to notify the defense committees of such detention. Directs the Secretary to notify such committees of the transfer or release of an individual prior to notification of their detention. Requires a report from the Secretary to such committees on the use of naval vessels for such detentions.
(Sec. 1025) Requires the Secretary to notify the defense and foreign relations committees at least 10 days prior to the proposed transfer of any individual detained pursuant to the AUMF who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the government of Afghanistan or any other country. Requires that an assessment be conducted with respect to each such individual, including the threat posed by the individual and the security environment of the transferee country.
(Sec. 1026) Directs the Secretary to report to the defense and foreign relations committees on the recidivism rates and related factors of individuals formerly detained at the Parwan Detention Facility.
(Sec. 1027) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1028) Prohibits the Secretary from using FY2013 DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security. Authorizes the Secretary, in assessing the risk of an individual engaging in a terrorist activity upon such a transfer or in assessing whether a national security waiver should be granted in connection with such a release, to consider the individual's cooperation with U.S. intelligence and law enforcement authorities while under custody or control.
(Sec. 1029) States that nothing in the AUMF or the NDAA for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus or any constitutional rights in a court ordained or established by or under Article III of the Constitution for any person inside the United States who would be entitled to such writ or rights in the absence of such laws.
Subtitle E: Nuclear Forces - (Sec. 1031) Requires reports on modifications of the nuclear weapons employment strategy to include the extent to which such modifications include an increased reliance on conventional or non-nuclear global strike capabilities or missile defenses of the United States. Requires the Secretary to: (1) annually brief the defense and appropriations committees on such strategy, plans, and options; and (2) notify such committees of anomalies in the U.S nuclear command, control, and communications system that are reported by the Secretary or the Nuclear Weapons Council. Recodifies related provisions.
(Sec. 1032) Requires at least 60 days advance notification to the defense and appropriations committees before the 2010 Nuclear Posture Review implementation study decisions are issued or implemented. Directs the President to submit to such committees the high-, medium-, and low-confidence assessments of the intelligence community as to whether the United States will have significant warning of a strategic surprise or breakout caused by foreign nuclear weapons development.
(Sec. 1033) Expresses the sense of Congress that the United States is committed to: (1) ensuring the safety, security, reliability, and credibility of its nuclear forces; (2) proceeding with a robust stockpile stewardship program and maintaining U.S. nuclear weapons production capabilities and capacities; (3) reinvigorating and sustaining its nuclear security laboratories and preserving core nuclear weapons competencies; and (4) providing necessary resources to achieve these objectives.
Amends the NDAA for Fiscal Year 2012 to require a report from the President to the defense, appropriations, and foreign relations committees in any year in which the President determines that an appropriations Act fails to meet the resource levels required in a plan for nuclear modernization activities referred to in the NDAA for Fiscal Year 2010. Directs the President to notify such committees at least 60 days in advance of any reduction in the number of deployed nuclear warheads (with an exception).
(Sec. 1034) Requires the President, during any year when recommending to reduce the number of nuclear weapons by greater than a de minimis amount, to certify to the defense and appropriations committees whether such reduction will cause the number of such weapons to be fewer than the high-confidence assessment of the number of such weapons in the active and inactive stockpiles of the Russian Federation. Provides that if the President makes a positive certification, then the President shall submit to such committees a report by the Commander of the U.S. Strategic Command detailing whether the reduction would create a strategic imbalance or degrade deterrence between the United States and the Russian Federation. Requires such report at least 60 days before carrying out any such reduction. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1035) Directs the President, beginning in FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in the NDAA for Fiscal Year 2010. Requires the President, in the case of a not-fully-funded determination, to require specified additional information in the next required report, including whether a loss of military capability will occur because of the insufficient funding. Requires the President to make the fully-funded certification at least 60 days before carrying out any proposed reductions in such delivery systems. Directs the President to also certify whether the Russian Federation is in compliance with arms control obligations with the United States.
(Sec. 1036) Requires the President, at least 60 days before recommending any reductions to U.S. nuclear forces, to provide the defense, appropriations, and foreign relations committees with certain information concerning the nuclear weapons capacity of foreign countries. Directs the Commander of the U.S. Strategic Command to certify to such committees that such reductions will not, among other things, impair the ability of the United States to address unplanned strategic or geopolitical events or technical challenges.
(Sec. 1037) Expresses U.S. policy on the reduction of Russian nonstrategic nuclear weapons and the U.S. extended deterrence commitment to Europe. Directs the President, upon any decision to reduce, consolidate, or withdraw U.S. nuclear forces in Europe, to submit to the defense and foreign relations committees a justification, as well as an assessment of how member nations of NATO will then assess the credibility of the U.S. deterrence capability in Europe. Requires such notification at least 60 days in advance of any such reduction, consolidation, or withdrawal (with an exception when done for the safety, reliability, and credibility of such weapons).
(Sec. 1038) Requires the President, prior to unilaterally changing the size of the U.S. nuclear weapons stockpile by more than 25%, to: (1) initiate a nuclear posture review, and (2) notify the defense and appropriations committees of review results.
(Sec. 1039) Makes the Nuclear Weapons Council responsible for coordinating and approving annual National Nuclear Security Administration (NNSA) budget proposals as well as priorities among NNSA activities. Requires an annual certification from the Council to Congress on whether amounts requested for the NNSA meets stockpile and stewardship requirements for such year and over four fiscal years.
(Sec. 1040) Establishes the Interagency Council on the Strategic Capability of the National Laboratories to, among other things, identify and consider the adequacy of the science, technology, and engineering capabilities of the national laboratories. Requires an activities report from the Council to Congress.
(Sec. 1041) Amends the NDAA for Fiscal Year 2012 to require, in an annual report concerning the nuclear weapons stockpile and associated systems, a detailed estimate of the budget requirements associated with sustaining and modernizing the nuclear deterrent of the United States and its nuclear weapons stockpile over the following 10-year period. Directs: (1) the CG to review each such report for accuracy and completeness, and report review results to the defense and appropriations committees; and (2) the CBO Director to submit cost estimates covering such 10-year periods.
(Sec. 1042) Directs the President to ensure that the Secretary submits to Congress a plan on the implementation of the New START Treaty, as required under the NDAA for Fiscal Year 2012, by no later than 60 days before the President carries out any reduction, conversion, or decommissioning of any strategic delivery system pursuant to the levels set forth under the Treaty.
(Sec. 1043) Requires the Secretary to report to the defense and appropriations committees on requirements necessary to ensure that the United States retains the ability to upload an ICBM with multiple nuclear warheads in the event that operational requirements, technical failures, or other decisions require such an ability.
(Sec. 1044) Directs the Secretaries of the Navy and Air Force to submit separate statements to the Nuclear Weapons Council on requirements for a combined or interoperable warhead for the W78 Minuteman III and W88 Trident II missile systems. Requires the Council to submit such requirements to the defense and appropriations committees.
(Sec. 1045) Directs the Commander of the U.S. Strategic Command to report to the defense, appropriations, and foreign relations committees on the underground tunnel network used by China as it relates to U.S. capability to use conventional and nuclear forces to neutralize such tunnels and what is stored there. Requires: (1) the Secretary to enter into an agreement with an FFRDC to conduct an assessment of the nuclear weapons program of China, and (2) the FFRDC to report assessment results to the above committees.
(Sec. 1046) Requires a report from the Secretary to the defense and appropriations committees on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability there.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1051) Authorizes the Secretary of the Army to loan or donate excess non-automatic service rifles to an organization, and to allow an organization to retain such rifles (other than M-1 rifles) for funeral and other ceremonial purposes.
(Sec. 1052) Directs the Secretary to collaborate with the Administrator of the Federal Aviation Administration (FAA) and the Administrator of the National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires the Secretary to report annually to Congress, until five years after the enactment of this Act, on the progress of collaborative research activity. Authorizes appropriations.
(Sec. 1053) Authorizes the Secretary to transfer surplus mine-resistant ambush-protected vehicles and their parts to non-profit U.S. humanitarian demining organizations. Requires 60 days' advance congressional notification before any such transfer.
(Sec. 1054) Requires the Secretary to notify the defense and appropriations committees of any request or requirement for military or DOD civilian personnel to enter into nondisclosure agreements that could restrict their ability to communicate with Congress.
Sec. 1055) Extends through 2020 DOD authority to provide certain business guarantees to carriers participating in the Civil Reserve Air Fleet program. Terminates a provision that limits carrier participation to the provision of passenger travel (thus allowing air cargo services).
(Sec. 1056) Authorizes the Secretary of the Air Force to extend or renew, for a conditional short term, aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program. Provides funding.
(Sec. 1057) Amends the Skelton Act to allow a member's health professional or commanding officer to inquire if the member owns or plans to acquire any firearms or other weapons, if such professional or officer reasonably believes that the member is at high risk for suicide or causing harm to others.
(Sec. 1058) Expresses the sense of Congress that the Joint Warfighting Analysis Center should have adequate resources to meet the continuing requirements of the combatant commands.
(Sec. 1059) Requires the Secretary of the Air Force to: (1) retain an additional 32 fixed-wing, intra-theater airlift aircraft beyond the number proposed in such Secretary's total force structure proposal provided to the defense and appropriations committees; and (2) ensure that the concept of Air Force direct support of the Army's time-sensitive or mission-critical intra-theater airlift mission is wholly incorporated into Air Force doctrine, strategy, tactics, and modeling and the Air Force core capabilities of agile combat support and rapid global mobility operations.
Subtitle G: Studies and Reports - (Sec. 1061) Directs the Secretary to review and update DOD guidance related to electronic warfare to ensure that oversight roles and responsibilities related to electronic warfare policy and programs are clearly defined. Amends the NDAA for Fiscal Year 2010 to add in a required report information on electronic warfare strategy performance measures.
(Sec. 1062) Requires the Secretary to submit to the defense and committees the operational capabilities, limitations, and shortfalls within DOD with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces.
(Sec. 1063) Directs the Secretary to report to the defense, appropriations, and transportation committees on the use of strategic airlift aircraft under the Civil Reserve Air Fleet program.
(Sec. 1064) Repeals a required biennial report on the Global Positioning System.
(Sec. 1065) Amends the NDAA for Fiscal Year 1998 to require additional information in annual reports on technology acquisition related to weapons of mass destruction and the threat posed by such weapons and ballistic and cruise missiles.
(Sec. 1066) Directs the Secretary of: (1) the Army to report to Congress on Army force structure, and (2) the Navy to report to the defense and appropriations committees on plans to implement efficiency initiatives to reduce overhead costs at all echelons of the Space and Naval Warfare Systems Command.
(Sec. 1068) Directs: (1) the Secretary to review U.S. defense program elements and policies with regard to the Asia Pacific region to determine the resources, equipment, and transportation required to meet strategic and operational goals, and to report review results to the defense and appropriations committees; (2) the JCS Chairman to prepare and submit to the Secretary an assessment of such review; and (3) the Secretary to report review results to the defense and appropriations committees.
(Sec. 1069) Directs the Secretary of the Interior to complete a study of water resources in the Rialto-Colton Basin, California, including: (1) a survey of groundwater resources in the Basin; and (2) a characterization of surface and bedrock geology of the Basin, including the effect of the geology on groundwater yield and quality. Requires such Secretary, upon study completion, to report results to the natural resources committees.
(Sec. 1070) Requires: (1) the DNI to submit to Congress an intelligence assessment of the Nigerian organization known as Boko Haram, and (2) the Secretaries of State and Defense to submit to Congress the U.S. strategy to counter the threat posed by such organization.
(Sec. 1071) Requires the Director of the Office of Science and Technology Policy to conduct a study on the ability of the DOD and NASA air and ground test and evaluation infrastructure and facilities, as well as related private facilities, to mature hypersonic technologies for defense systems development in the short and long term. Directs the Secretary to submit to the defense and science committees such study's results, together with a plan for requirements and proposed investments to meet DOD needs in such areas through 2030.
Subtitle H: Other Matters - (Sec. 1076) Makes technical and clerical amendments to various prior national defense authorization Acts and federal provisions. Repeals certain expired provisions.
(Sec. 1077) Expresses the sense of Congress that, on the occasion of the 20th anniversary of the establishment of the Air Mobility Command, the people of the United States should: (1) recognize its role in the nation's defense; and (2) appreciate its leadership and the more than 134,000 active-duty, Air National Guard and Air Force Reserve, and DOD civilians that make up such Command.
(Sec. 1078) Revises provisions of the United States Information and Educational Exchange Act of 1948 authorizing the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people and policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act. Amends the Foreign Relations Authorization Act of Fiscal Years 1986 and 1987 to remove statutory limitations on the ability of the Board and the State Department to provide information about their activities to the media, the public, or Congress.
(Sec. 1079) Directs the Secretary to: (1) brief the defense committees on the interagency process for coordinating and de-conflicting full-spectrum military cyber operations for the federal government, and (2) submit to the defense committees dedicated budget documentation materials to accompany the budget submissions for FY2015 and thereafter, including the DOD-wide budget estimate and planning data for such operations.
(Sec. 1080) Expresses the sense of Congress that: (1) unauthorized disclosures of classified information can threaten U.S. national security and foreign relations; (2) DOD has taken positive steps in improving protections against such disclosures, and should continue to do so; (3) other federal departments and agencies should undertake similar efforts; and (4) the Justice Department should investigate possible violations of federal law related to such disclosures, and responsible individuals should be prosecuted to the full extent of the law.
(Sec. 1081) Repeals statutory references to the United States Joint Forces Command (disestablished in August 2011).
(Sec. 1082) Expresses the sense of Congress: (1) that DOD should make every reasonable effort to increase the number of U.S. citizens who pursue advanced degrees in science, technology, engineering, and mathematics (STEM fields); and (2) strongly urging DOD to investigate innovative mechanisms to access the pool of talent of non-U.S. citizens with advanced scientific degrees from U.S. institutions of higher education, especially in those scientific and technical areas most vital to the national defense.
(Sec. 1083) Amends the Public Health Service Act to require the Director of the National Cancer Institute to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancers.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific research framework. Requires the Director to consider each relevant scientific framework developed under this section when making recommendations for exception funding for grant applications. Requires information on such research to be included in currently-required biennial reports from the Director. Requires the Director to submit a one-time report on implementation of the scientific research framework.
(Sec. 1084) Amends the federal criminal code to impose a fine, up to a one-year prison term, or both for the transportation in interstate or foreign commerce of goods, wares, or merchandise consisting of or including a veterans' memorial, headstone, marker, or related object valued at less than $1,000.
(Sec. 1085) Expresses the sense of Congress that: (1) the nation's mobile communications industry is a significant economic engine; (2) there is a pressing need for additional spectrum for mobile broadband services; (3) consideration should be given to the supply of spectrum for both licensed networks and unlicensed devices; (4) a long-term supply solution must include reallocation and sharing of federal government spectrum for private-sector use; (5) existing law ensures that federal operations are not harmed as a result of the reallocation of federal spectrum for commercial use; and (6) all interested parties should be encouraged to continue collaborative efforts between industry and government stakeholders to assess and recommend practical frameworks for the development of relocation, transition, and sharing arrangements and plans for 110 megahertz of federal spectrum in the 1695-1710 and 1755-1850 bands.
(Sec. 1086) Dale Long Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; and (3) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in such activities or provides such services as part of an official emergency response system.
Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner.
Makes this section applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003.
(Sec. 1087) Amends the federal judicial code to deem a law enforcement officer who is the defendant in a criminal prosecution to have been acting under the color of his office (solely for purposes of determining the propriety of removal of the case to U.S. district court) if the officer: (1) protected an individual in the officer's presence from a crime of violence; (2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual whom the officer reasonably believed to have committed, or was about to commit, in the officer's presence, a crime of violence that resulted in, or that was likely to result in, death or serious bodily injury.
(Sec. 1088) Amends the federal criminal code to impose a fine, up to a five-year prison term, or both for knowingly transporting a girl under the age of 18 from the United States and its territories in foreign commerce for purposes of female genital mutilation.
(Sec. 1089) Amends the federal criminal code to include among those authorized to carry a concealed weapon for law enforcement purposes any individual authorized to apprehend a person under provisions of the Uniform Code of Military Justice (UCMJ).
(Sec. 1090) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to allow the Secretary, during FY2013-FY2017, to sell excess DOD aircraft and parts to persons or entities contracting with the federal government for wildfire suppression purposes.
(Sec. 1091) Authorizes the Secretary to transfer excess DOD aircraft to the Secretaries of Agriculture and Homeland Security for use by the Forest Service and U.S. Coast Guard in carrying out their respective missions. Limits such transfer to 7 aircraft for each agency. Outlines transfer conditions.
Title XI: Civilian Personnel Matters - (Sec. 1101) Amends the Hunter Act to extend through 2013 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1102) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1103) Extends through FY2017 the authority for the direct hiring of individuals for certain federal acquisition programs when there is a severe shortage of qualified individuals or a critical hiring need.
(Sec. 1104) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2014 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1105) Requires the Secretary to notify the defense and appropriations committees at least 60 days before implementing any change in the policy regarding senior mentors.
(Sec. 1106) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1107) Establishes the Committee on National Security Personnel within the Executive Office of the President. Requires the Committee to develop and issue a National Security Human Capital Strategy providing policies, processes, and procedures for a program for the interagency rotation of personnel among positions within national security interagency communities of interest (ICIs). Requires the head of each agency participating in the program to ensure that, in selecting individuals to fill senior positions within an ICI, to give a strong preference to individuals who have performed interagency rotational service within an ICI. Directs the CG to assess the implementation and effectiveness of the program, and report assessment results to Congress.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 to: (1) extend through FY2014 DOD authority to assist in building the capacity of allied foreign military forces, (2) include under such authority small-scale military construction activities (with a per-activity and an aggregate activities limit), and (3) include in a required assistance notification information on assistance provided to any such country during the three preceding fiscal years.
(Sec. 1202) Amends the NDAA for Fiscal Year 2010 to extend through FY2016 DOD authority to enter into international defense personnel exchange agreements.
(Sec. 1203) Authorizes the Secretary to provide assistance for enhancing the capacity of specified military forces in Yemen, Djibouti, Ethiopia, Kenya, and Somalia to conduct counterterrorism operations against al Qaeda, its affiliates, and al Shabaab. Allows such assistance to include equipment, supplies, training, and minor military construction. Limits amounts to be provided for minor military construction. Provides funding. Requires 30 days' prior congressional notification of any such assistance. Terminates assistance authority at the earlier of September 30, 2014, or when the Global Security Contingency Fund achieves full operational capability.
(Sec. 1204) Prohibits any activities from being carried out under the State Partnership Program unless, by February 28, 2013, certain final regulations requirements are met, including future compliance with the Antideficiency Act.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to provide an FY2013 funding limit on operations and activities of the Office of Security Cooperation in Iraq using DOD funds. Requires the Secretary to submit a report concerning such Office to the defense, appropriations, and foreign relations committees. Allows, during FY2013, such operations and activities to include non-operational training in support of Iraqi Ministry of Defense and Counter Terrorism Service personnel in an institutional environment. Requires a report from the Secretary to the above committees on Office activities, as well as a subsequent update of such report.
(Sec. 1212) Expresses the sense of Congress raising concern about insider attacks against U.S. Armed Forces in Afghanistan by various Afghan military personnel and private security contractors. Requires a report from the Secretary to Congress on such attacks and associated threats and their effect on the overall transition strategy in Afghanistan. Requires semiannual report updates through the end of 2014.
(Sec. 1213) Directs: (1) the Secretary to notify the defense and appropriations committees of any decisions of the President to change the levels of U.S. Armed Forces deployed in Afghanistan, and (2) the JCS Chairman to submit to such committees an assessment of the risk to the U.S. mission and interests in Afghanistan as the change is implemented. Terminates the notification requirement at the end of 2014.
(Sec. 1214) Amends the NDAA for Fiscal Year 2008 to require specified additional information within a report on progress toward security and stability in Afghanistan, particularly with respect to the literacy and training, logistics, and transition ability of Afghan National Army and Afghan National Police forces.
(Sec. 1215) Requires the Secretary to provide for the conduct of an independent assessment of the strength, force structure and posture, and capabilities required to enable the Afghan National Security Forces to provide security for their country and to prevent Afghanistan from ever again becoming a safe haven for terrorists. Requires a report on such assessment from the entity selected to the Secretary and the defense and appropriations committees. Provides funding.
(Sec. 1216) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to provide logistical support for coalition forces supporting U.S. military operations. Repeals such authority for such fiscal year with respect to Iraq (leaving only Afghanistan).
(Sec. 1217) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on the Afghanistan Peace and Reintegration Program.
(Sec. 1218) Amends the Skelton Act to extend through FY2013 DOD authority to use funds for former insurgent reintegration activities in Afghanistan. Reduces FY2013 funding under such authority.
(Sec. 1219) Amends the above Act to extend through FY2013 a program to develop and carry out infrastructure programs in Afghanistan that support the counterinsurgency campaign. Reduces FY2013 funding to $350 million. Prohibits the obligation or expenditure of more than 50% of such amount until the Secretary submits a plan for fund allocation and use.
(Sec. 1220) Directs the CG, within 180 days after any substantial update or modification to the campaign plan for Afghanistan, to report to the defense and appropriations committees on the updated or modified plan, including an assessment. Terminates the report requirement at the end of FY2014.
(Sec. 1221) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces FY2013 funding from $400 million to $200 million.
(Sec. 1222) Authorizes the Secretary to transfer nonexcess defense articles to the military and security forces of Afghanistan to support efforts to maintain peace and security in such country. Limits to $250 million the aggregate replacement value of such defense articles. Requires the Secretary to provide 15 days' advance notice to Congress with respect to any such transfer, and requires quarterly reports concerning such transfers through March 31, 2015. Terminates the transfer authority at the end of 2014. Exempts any such transfers from the annual value limit on transfers of excess defense articles.
(Sec. 1223) Directs the Secretaries of Defense and State to jointly report to the defense and foreign relations committees on U.S. government efforts to promote the security of Afghan women and girls during the security transition process. Requires annual updates on such efforts to be included in reports on progress toward security and stability in Afghanistan required under the NDAA for Fiscal Year 2008.
(Sec. 1224) Expresses the sense of Congress, among other things, that: (1) the members of the U.S. Armed Forces, intelligence community, and diplomatic and development community are to be commended for their dedicated efforts and sacrifices in support of military and stability operations in Afghanistan; (2) the governments of the United States and Afghanistan are to be commended for concluding the Enduring Strategic Partnership Agreement; (3) it is essential that the government and people of Afghanistan fulfill Afghanistan's international commitments concerning citizen equal rights, fair elections, and democratic governance; and (4) the negotiation and conclusion of a U.S.-Afghanistan bilateral security agreement will provide a fundamental framework for a long-term security relationship between the two countries.
(Sec. 1225) Directs the President to consult periodically with the defense and foreign relations committees on the status of negotiations on a U.S.-Afghanistan bilateral security agreement. Terminates such requirement when either an agreement is reached or the President notifies Congress that agreement negotiations have been terminated.
(Sec. 1226) Expresses the sense of Congress that the President should seek to accomplish the stated goal of transitioning the lead responsibility for security to the government of Afghanistan by mid-summer 2013 and end all regular U.S. combat operations there by the end of 2014, and should undertake certain draw-down activities to achieve such goal. Requires the recommendations of the commanders of the International Security Assistance Force, including on the pace of the draw-down, to be given serious consideration.
(Sec. 1227) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Afghanistan and Pakistan. Decreases the amount of such funding. Prohibits reimbursements to Pakistan for claims of support during any period when the ground lines of supply through Pakistan to Afghanistan were closed to the shipment of equipment and supplies in support of U.S. military operations in Afghanistan. Prohibits FY2013 reimbursements to Pakistan unless the Secretary certifies to the defense and appropriations committees that Pakistan is: (1) maintaining security along such supply routes, and (2) supporting counterterrorism operations and related matters. Authorizes the Secretary to waive the certification requirement upon certifying to such committees that the waiver is in the U.S. national security interest. Requires a report from the Secretary to such committees on the provision of reimbursements and support to Pakistan under this section.
(Sec. 1228) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the Pakistan Counterinsurgency Fund for building the capabilities of Pakistan security forces. Extends through the same period a provision that limits the availability of amounts from the Fund to 40% until the Secretary reports to Congress on metrics for the use of such funds and for enhancing Pakistan's efforts to counter improvised explosive devices. Prohibits amounts authorized for such Fund from being used to provide assistance to Pakistan until the Secretary certifies to the defense, appropriations, and foreign relations committees that the government of Pakistan is: (1) continuing its commitment to and making significant efforts toward the implementation of a strategy to counter improvised explosive devices, and (2) cooperating with U.S. counterterrorism efforts. Allows the Secretary to waive such certification for national security reasons.
Subtitle C: Matters Relating to Iran - (Sec. 1231) Requires the JCS Chairman to report to the defense and appropriations committees on U.S. capabilities in relation to challenges or threats from China, Korea, and Iran.
(Sec. 1232) Directs the Secretary to evaluate, and report to the defense, appropriations, and foreign relations committees on, the military capabilities of members of the Cooperation Council for the Arab States of the Gulf.
(Sec. 1233) Expresses the sense of Congress that the United States should be prepared to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon.
(Sec. 1234) States that nothing in this Act shall be construed as authorizing the use of force against Iran.
Subtitle D: Iran Sanctions - Iran Freedom and Counter-Proliferation Act of 2012 - (Sec. 1243) Expresses the sense of Congress that the United States should: (1) deny the government of Iran the ability to continue to oppress its people through violence and execution against pro-democracy protestors and regime opponents; (2) support Iranian efforts to promote the establishment of basic freedoms for the emergence of a freely elected, open, and democratic political system; (3) help Iranians produce, access, and share information freely and safely via the Internet and other media; and (4) defeat all Iranian government attempts to jam or otherwise obstruct international satellite broadcast signals.
(Sec. 1244) Directs the President, 180 days after the enactment of this Act, to block and prohibit all U.S. transactions in property and property interests of any entity that: (1) is part of the energy, shipping, or shipbuilding sectors of Iran; (2) operates a port in Iran; or (3) knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, such an entity. Directs the President to impose five or more sanctions (as described under the Iran Sanctions Act of 1996) with respect to any person who knowingly sells, supplies, or transfers significant goods or services to or from Iran via the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines. Provides an exception with respect to the provision of humanitarian assistance (agricultural commodities, food, medicine, or medical devices) to the people of Iran. Provides a limited applicability of such sanctions with respect to the purchase of petroleum or petroleum products from Iran. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1245) Directs the President to impose five of more sanctions against any person who, on or after 180 days after the enactment of this Act, knowingly sells, supplies, or transfers to or from Iran: (1) a precious metal; (2) certain raw or semi-finished metals used for integrating industrial processes; or (3) any other material used in connection with Iranian sectors controlled by Iran's Revolutionary Guard Corps, sold by an Iranian on a list of specially designated nationals and blocked persons, or relevant to Iranian nuclear, military, or ballistic missile programs. Prohibits the opening in the United States of an account by a foreign financial institution that conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of materials which would subject a person to such sanctions. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1246) Directs the President to impose five or more sanctions against any person who, on or after 180 days after the enactment of this Act, provides underwriting services, insurance, or reinsurance in support of activities or persons against which or whom sanctions have been imposed. Provides an exception with respect to the provision of humanitarian assistance. Allows the President to waive any such sanction for up to a 180-day period when vital to U.S. national security, requiring congressional notification.
(Sec. 1247) Directs the President to prohibit the opening or maintaining in the United States of an account by a foreign financial institution that, on or after 180 days after the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of an Iranian person included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. Provides the same humanitarian exception as above, and authorizes the same presidential waiver (and waiver period) for national security reasons.
(Sec. 1248) Directs the President to: (1) impose sanctions against the Islamic Republic of Iran Broadcasting and its president, Ezzatollah Zargami; and (2) include such entity and individual on the list of specially designated nationals and blocked persons.
(Sec. 1249) Directs the President to submit to Congress a list of persons determined to have engaged in corruption relating to the diversion of humanitarian goods (agricultural commodities, food, medicine, and medical devices) intended for the people of Iran. Requires the President to impose sanctions against such individuals.
(Sec. 1250) Amends the NDAA for Fiscal Year 2012 to allow the President to temporarily waive sanctions against certain foreign financial institutions upon certifying that the country with primary jurisdiction over the financial institution normally subject to the sanctions faced exceptional circumstances that prevented it from significantly reducing its volume of crude oil purchases from Iran.
(Sec. 1251) Amends the federal criminal code to increase from 4 to 10 years the statute of limitations for civil actions regarding terrorist acts.
(Sec. 1252) Requires a report from the President to Congress on the use of certain Iranian seaports by foreign vessels and on the use of foreign airports by under-sanction Iranian air carriers.
(Sec. 1253) Provides for the implementation of this section, as well as penalties for violations.
Subtitle E: Satellites and Related Items - (Sec. 1261) Repeals a provision of the Thurmond Act which transferred certain satellites and related items from the Commerce Control List (CCL) to the United States Munitions List (USML). Allows such satellites and related items to removed from the USML and transferred back to the CCL upon certain determinations and a report to Congress by the President. Prohibits any satellites or related items that are made subject to the Export Administration Regulations (EAR) as a result of this section from being exported or transferred to China, North Korea, or a state sponsor of terrorism. Allows the President to waive such prohibition in the national security interest, upon congressional notification. Requires a report from the DNI on efforts of state sponsors of terrorism or other foreign countries or entities to illicitly acquire satellites and related items.
(Sec. 1262) Directs the President to submit to Congress a summary of all licenses and other authorizations to export satellites and related items that are subject to the EAR.
(Sec. 1263) Directs the Secretary to submit to Congress an assessment of the extent to which terms and conditions of exemptions for foreign countries from the licensing requirements and other authorizations to export satellites and related items subject to the EAR contain strong safeguards.
(Sec. 1264) Directs the President to: (1) provide for the end-use monitoring of such satellites and related items, and (2) report to Congress on actions taken to implement such monitoring.
(Sec. 1265) Requires the President to ensure that, as appropriate, the Secretaries of State, Defense, and Commerce, the DNI, and the heads of other federal departments and agencies will review any removal or addition of an item to Category XV of the USML (relating to spacecraft systems and associated equipment).
Subtitle F: Other Matters - (Sec. 1271) Amends the NDAA for Fiscal Year 2000 to require the inclusion, in an annual report on military and security developments involving China, the strategy, goals, and capabilities of Chinese space programs and cyber activities, recent developments in China's nuclear program, and other information.
(Sec. 1272) Amends the NDAA for Fiscal Year 2010 to extend through FY2015 the authorization of appropriations for the NATO Special Operations Headquarters. Requires an annual report from the Secretary to the defense and appropriations committees regarding support for such Headquarters.
(Sec. 1273) Prohibits amounts from being expended by DOD for overseas capital projects for the direct benefit of a host country in connection with an overseas contingency operation occurring on or after 60 days from the enactment of this Act, unless the Secretary, the Secretary of State, or the Administrator of USAID, as the case may be, completes an assessment of the necessity and sustainability of the project. Provides exceptions for military construction or military family housing projects. Authorizes a waiver of such prohibition by the appropriate official for national security, diplomatic, or humanitarian reasons, requiring a detailed justification. Requires semiannual reports on each assessment conducted.
(Sec. 1274) Authorizes the Secretary, as part of U.S. participation in the American, British, Canadian, and Australian Armies' Program, to enter into a joint participation agreement with Australia, Canada, New Zealand, and the United Kingdom. Outlines agreement requirements, including equitable sharing of Program costs. Authorizes the Secretary to contract for authorized Program activities, and to dispose of jointly-acquired property. Terminates any such agreement five years after the enactment of this Act. Requires a report from the Secretary to the defense committees on Program activities, costs, and accomplishments.
(Sec. 1275) Authorize the Secretary to utilize U.S. military personnel as members of the staff of Headquarters Eurocorps for the purpose of supporting activities of the NATO Rapid Deployable Corps Eurocorps. Prohibits the participation of more than two U.S. members until the Secretary certifies to the defense committees, among other things, that participation by more than two members is in the U.S. national interests. Prohibits more than 10 U.S. members from so participating unless the Secretary notifies such committees. Provides funding, with a limitation, from DOD O&M funds.
(Sec. 1276) Allows the Secretary to authorize U.S. participation in the Air Transport, Air-to-Air Refueling and other Exchanges of Services program of the Movement Coordination Centre Europe. Limits such participation to the reciprocal exchange of air transportation and refueling services on a reimbursable basis or by in-kind replacements or equal-value exchanges. Limits to 500 hours the U.S. balance of executed flight hours under the program. Requires a written participation agreement between the Secretary and the Centre. Requires: (1) an annual report from the Secretary to the defense and appropriations committees on U.S. participation in the program, and (2) a one-time program assessment report from the CG to such committees. Terminates U.S. participation in the program five years after entering into a participation agreement.
(Sec. 1277) Prohibits this Act's funds from being used to contract with or make a grant or loan to Rosoboronexport. Allows the Secretary to waive such prohibition in the national security interest.
(Sec. 1278) Expresses the sense of Congress (1) reaffirming its commitment to the security of Israel; (2) fully supporting Israel's right to defend itself against acts of terrorism; (3) sympathizing with the families of Israelis who have come under rocket fire from Hamas-controlled Gaza; (4) recognizing the exceptional success of the Iron Dome Missile Defense system in defending the population of Israel; (5) desiring to help ensure that Israel has the means to defend itself against terrorist attacks, including through the acquisition of additional Iron Dome batteries and interceptors; and (6) urging the Departments of Defense and State to explore with their Israeli counterparts and alert Congress of any needs the Israeli Defense Force may have for additional Iron Dome batteries, interceptors, or other equipment depleted during the current conflict.
(Sec. 1279) Directs the Secretary to: (1) report to the defense and foreign relations committees on the prospects for expanding defense trade between the United States and India within the context of their bilateral defense relationship, and (2) conduct a comprehensive policy review of potential co-production and co-development defense projects with India that are aligned with U.S. national security objectives.
(Sec. 1280) Amends the United States Information and Educational Exchange Act of 1948 to: (1) require the United States Advisory Commission on Public Diplomacy to appraise U.S. government activities intended to understand, inform, and influence foreign publics; (2) report at least annually to Congress, the President, and the Secretary of State on U.S. public diplomacy and international broadcasting activities; (3) assess the public diplomacy target impact, achieved impact, and cost of public diplomacy and international broadcasting activities; and (4) submit related semiannual reports as necessary. Reauthorizes the Advisory Commission through FY2015. Provides Advisory Commission funding.
(Sec. 1281) Expresses the sense of Congress that: (1) the United States should continue to make available to Taiwan such defense articles and services that are necessary for Taiwan to maintain a sufficient self-defense capability; and (2) 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.
(Sec. 1282) Directs the President to brief the Senate foreign relations and defense committees 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. Expresses the sense of the Senate that any agreement reached by such parties obligating the United States to reduce or limit its armaments in any significant manner may be made only pursuant to the President's treaty-making powers under the Constitution.
(Sec. 1283) Expresses the sense of Congress in support of efforts to apprehend or remove Joseph Kony and his top commanders and his Lord's Resistance Army from power in Central Africa.
(Sec. 1284) Directs the Secretary of the Treasury to block and prohibit all property and related transactions of any person providing significant financial, material, or technological support to the Congolese rebel group known as M23 if such property and interests are or come within U.S. possession or control. Prohibits such authority from including the imposition of sanctions on the import of goods. Places a U.S. visa ban on any such individuals. Allows the President to waive application of this section in the U.S. national interest, after reporting to the financial, defense, and foreign relations committees.
(Sec. 1285) Authorizes the Secretary to: (1) carry out a program to repair, overhaul, or refurbish in-stock defense articles in anticipation of their sale to eligible foreign countries or international organizations under law, and (2) establish and administer the Special Defense Repair Fund in support of such program. Requires: (1) Secretary of State concurrence with respect to sales or transfers to foreign countries; and (2) an annual report from the Secretary to the defense, appropriations, and foreign relations committees on activities under such program, as well as a one-time program assessment report. Terminates program authority at the end of FY2015.
(Sec. 1286) Expresses the sense of Congress: (1) acknowledging the administrative jurisdiction of Japan over the Senkaku Islands in the East China Sea, and (2) supporting collaborative diplomatic efforts to resolve territorial disputes in such area.
Subtitle G: Reports - (Sec. 1291) Requires: (1) the Defense Policy Board to review DOD efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies; (2) the Secretary to report review results to the defense and appropriations committees; and (3) the Secretary to submit to such committees an assessment of and strategic guidance for DOD efforts to build such capacity and partnerships.
(Sec. 1292) Amends the NDAA for Fiscal Year 2012 to extend for an additional year a required annual report on military and security developments involving North Korea.
(Sec. 1293) Directs the Secretary, in each of 2013 through 2015, to report to the defense, appropriations, and foreign relations committees on the direct, indirect, and burden-sharing contributions made by host nations to support U.S. Armed Forces deployed in such country.
(Sec. 1294) Directs the Secretary to report to the defense and appropriations committees 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.
(Sec. 1295) Requires the Secretary to report to the defense and foreign relations committees on military assistance provided to Syria by the Russian Federation.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Directs the Secretary to report to the defense and foreign relations committees on CTR programs in the Russian Federation, including the success and impact of Russian nonproliferation programs.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2013, to obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to include as an NDS objective the avoidance of a single point of failure in the acquisition of NDS materials in times of national emergency.
(Sec. 1413) Amends the Strategic and Critical Materials Stock Piling Act to allow the release of materials from the strategic and critical materials stockpile on the order of the Under Secretary, if the President has empowered the Under Secretary to do so, as long as the Under Secretary determines that such release is required for use, manufacture, or production for the national defense.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to authorize the Secretary, in determining the technologies to supplement the neutralization destruction of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, to consider: (1) explosive destruction technologies; and (2) any technologies developed for treatment and disposal of hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
Subtitle D: Other Matters - (Sec. 1431) Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury.
(Sec. 1432) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1433) Authorizes appropriations for FY2013 for: (1) operation of the Armed Forces Retirement Home, and (2) Army cemeterial expenses.
(Sec. 1435) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to authorize the Secretary to establish two additional Weapons of Mass Destruction Civil Support Teams (beyond the current 55 Teams) if: (1) the Secretary has made a required certification with respect to such additional teams before December 31, 2011, and (2) such establishment does not require an increase in personnel levels above the amount authorized as of the date of enactment of this Act. Provides specific limitations on the establishment of more Teams after such addition. Prohibits either of the two additional Teams from being disestablished unless, at least 90 days beforehand, the Secretary notifies the defense and appropriations committees of the proposed disestablishment and its date. Requires a report from the Secretary to the defense and appropriations committees on all such Teams.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year. Requires congressional notification of each transfer.
Subtitle C: Limitations and Other Matters -(Sec. 1531) Expresses the sense of Congress that: (1) it is the responsibility of the Commander, International Security Assistance/Commander, United States Forces--Afghanistan to ensure the security of members of U.S. Armed forces deployed to Afghanistan and to mitigate threats to such forces while continuing to meet mission objectives; (2) the Afghan Public Protection Force (APPF) must meet and maintain key standards to provide force protection for U.S. Armed Forces there; and (3) if the Secretary determines that the APPF is not meeting such standards, the Secretary should provide for such protection, including having U.S. Armed Forces provide for their own protection. Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Directs the Secretary to: (1) certify annually to the defense and appropriations committees with respect to protection standards of the APPF and the sufficiency of the protection provided to U.S. forces, and (2) submit to such committees an initial and subsequent semiannual assessments of the APPF. Requires the Secretary to submit to such committees: (1) a plan for using DOD funds to provide assistance to the security forces of Afghanistan through such Fund through the end of FY2017, and (2) a copy of each agreement entered into between the United States and Afghanistan for APPF services.
(Sec. 1532) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2013. Requires a monthly Fund obligation and expenditure report during FY2013 from the Secretary to the defense and appropriations committees. Earmarks specified FY2013 Fund amounts to provide training, equipment, supplies, and services to ministries and other entities of the government of Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. Requires, for the latter use of such funds, 15 days' prior notification of the defense and appropriations committees. Terminates such Pakistani assistance authority at the end of 2013.
(Sec. 1533) Amends the Skelton Act to extend through FY2013 the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan. Revises the scope of authorized projects. Reduces FY2013 funding. Limits the availability of FY2013 funds until the Secretary reports to Congress on the implementation of the Task Force transition action plan.
(Sec. 1534) Directs the Secretary to submit to the defense and appropriations committees a plan for the transition of funding for the U.S. Special Operations Command from funds authorized for overseas contingency operations to funds authorized for DOD recurring operations.
(Sec. 1535) Directs the Secretary to submit to the defense and appropriations committees an assessment of: (1) the training-related activities of the Joint Improvised Explosive Device Defeat Organization, and (2) the activities of such Organization's Counter-Improvised-Explosive Device Operations Integration Center.
Title XVI: Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Disestablishes the Defense Materiel Readiness Board, and closes the Defense Strategic Readiness Fund. Repeals a provision of the NDAA for Fiscal Year 2008 authorizing the Secretary to designate critical materiel readiness shortfalls.
(Sec. 1602) Requires each defense assessment of the effects of foreign boycotts to include a separate assessment of their effects on the U.S. national technology and industrial base (NTIB).
(Sec. 1603) Directs the Secretary to develop a national security strategy for the NTIB. Adds as NTIB objectives: (1) ensuring reliable sources of materials that are critical to national security, and (2) reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts. Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP.
Subtitle B: Department of Defense Activities Related to Small Business Matters - (Sec. 1611) Directs the Secretary to develop and issue guidance to ensure that the head of each Office of Small Business Programs in DOD is a participant in DOD or military department acquisition processes.
(Sec. 1612) Requires the Secretary to designate within each defense audit agency a Small Business Advocate to: (1) advise the director of that audit agency on all policy issues related to small businesses, (2) serve as that agency's primary point of contact and information source for small businesses, (3) collect relevant data and monitor that agency's conduct of audits of small businesses, and (4) make recommendations concerning policies, processes, and procedures to improve that agency's performance in the timeliness of audits of small businesses and its responsiveness to issues or matters raised by small businesses. Requires that each Advocate: (1) be segregated from ongoing audits in the field, and (2) not engage in activities with regard to particular audits that could compromise the independence of that audit agency or undermine compliance with applicable audit standards.
(Sec. 1613) Directs the Secretary to: (1) select an appropriate entity to conduct an independent assessment of DOD's procurement performance related to small businesses, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 1614) Amends the Inspector General Act of 1978 to direct the DOD Inspector General to conduct, or approve arrangements for the conduct of, peer reviews of DOD audit agencies with and in such frequency as provided by government auditing standards established by the CG. Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review.
(Sec. 1615) Amends the Small Business Act to authorize the Secretary and the Secretary concerned to use up to 1% of funds available to each under the Small Business Innovation Research Program for administrative expenses of DOD's Commercialization Readiness Program.
Subtitle C: Matters Relating to Small Business Concerns - Part I: Procurement Center Representatives - (Sec. 1621) Amends the Small Business Act to replace the position of breakout procurement representative within SBA with the position of procurement center representative. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to procurement records, and (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting.
(Sec. 1622) Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires SBA business opportunity specialists to have a Level I Federal Acquisition Certification in Contracting.
(Sec. 1623) Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement center representative in such planning processes and provide Director and representative access to all acquisition plans in development.
Part II: Goals for Procurement Contracts Awarded to Small Business Concerns - (Sec. 1631) Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories).
Requires each federal agency participating in federal procurement contracts to have an annual goal that presents the maximum practicable opportunity for the small business categories to participate in the performance of contracts let by that agency. Requires the Administrators of the Small Business Administration (SBA) and Federal Procurement Policy to insure that the cumulative annual prime contract goals for all procurement agencies meet or exceed the annual government-wide prime contract goals established by the President. Directs the small business procurement goals to address both prime contract and subcontract awards. Requires the SBA Administrator to review and make appropriate revisions to the Goaling Guidelines for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements to ensure realistically achievable improvements to levels of subcontracting to the small business categories. Directs the SBA's Chief Counsel for Advocacy to contract for the conduct of an independent assessment of federal small business procurement goals.
(Sec. 1632) Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the SBA Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.
(Sec. 1633) Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires agency heads to ensure that senior executive personnel responsible for acquisition assume responsibility for that agency's success in achieving small business contracting goals and percentages.
Part III: Mentor-Protege Programs - (Sec. 1641) Authorizes the SBA Administrator to establish a mentor-protege program for all small businesses. (Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8(a) guaranteed loan program.) Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it. Requires the Administrator to approve or disapprove a plan based on whether the proposed program: (1) will assist proteges to compete for federal prime contracts and subcontracts, and (2) complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts. Requires annual reports from the Administrator to the small business committees concerning such programs.
Part IV: Transparency in Subcontracting - (Sec. 1651) Places, subject to stated exceptions, limits on subcontracting expenditures, including prohibiting a small business receiving a guaranteed loan through the SBA from expending: (1) more on subcontractors than 50% of the loan amount received in the case of a contract for services, and (2) more on subcontractors than 50% of the loan amount received, less the cost of materials, in the case of a contract for services. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver.
(Sec. 1652) Provides penalties for violations of the above limitations.
(Sec. 1653) Requires each contracting agency to collect data concerning contractor compliance with subcontracting plans and goals, and to include such data within contractor past performance evaluations. Requires an offeror with respect to a federal contract that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business as a potential subcontractor to notify the small business of such identification. Directs the Administrator to establish a reporting mechanism that allows subcontractors to report fraudulent activity or bad faith by a contractor with respect to a federal small business subcontracting plan. Requires the Administrator to: (1) ensure that the SBA electronic subcontracting reporting system is able to identify entities that fail to submit required reports, and (2) report annually to the small business committees concerning the success or failure in meeting such report requirements.
(Sec. 1655) Requires the OMB Director to publish procedures and methodologies to be used by federal agencies in decisions of whether to convert a function being performed by a small business to performance by a federal employee.
Part V: Small Business Concern Size Standards - (Sec. 1661) Requires the Administrator, in conducting a rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry.
Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industry Classification System codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.
Part VI: Contract Bundling - (Sec. 1671) Consolidates SBA provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Makes such bundling limitations specifically applicable to construction contracts. Directs the CG to review data and information regarding consolidated contracts awarded by federal agencies.
Part VII: Increased Penalties for Fraud - (Sec. 1681) Provides that in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a small business development center or a participant in the procurement technical assistance cooperative agreement program. Requires the Administrator to: (1) issue rules defining an advisory opinion for such purposes, and (2) issue a compliance guide to assist businesses in accurately determining their small business status.
(Sec. 1682) Directs the Administrator to publish on the SBA website the standard operating procedures for debarments and suspensions of entities misrepresenting themselves as small businesses.
(Sec. 1683) Directs the Administrator to report annually to the small business committees on debarment and suspension actions.
Part VIII: Offices of Small and Disadvantaged Business Units - (Sec. 1691) Requires each Director of Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at at least the GS-15 rate. Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and (5) reporting annually to the small business committees on the provision of small bus iness and contract specialist training. Revises Director experience requirements.
(Sec. 1692) Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices.
Part IX: Other Matters - (Sec. 1695) Raises the maximum surety bond amount under SBA contracts from $2 million to $6.5 million. Authorizes the Administrator to guarantee a surety for a total work order or contract amount of up to $10 million, if a contracting officer of a federal agency certifies that such a guarantee is necessary. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or material misrepresentation by the surety or breach of a material term or condition of the guarantee agreement.
(Sec. 1697) Amends provisions concerning federal procurement contracting with small businesses owned and controlled by women to: (1) remove the requirement that a contracting officer believe that such a contract can be made at a fair and reasonable price, and (2) direct the Administrator to periodically study and report to the small business committees on industries underrepresented by small businesses owned and controlled by women.
(Sec. 1698) Treats certain base closure areas as a HUBZone, for SBA loan eligibility purposes, for a five-year period beginning on the date of enactment of this Act.
Sec. 1699) Repeals the establishment of the federally chartered National Veterans Business Development Corporation.
(Sec. 1699A) Amends the Small Business Jobs Act of 2010 to add the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses.
Title XVII: Ending Trafficking in Government Contracting - (Sec. 1702) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to pay return transportation costs to an employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees unreasonable placement or recruitment fees, or (5) provide inadequate housing conditions.
(Sec. 1703) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at more than $500,000 unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Directs the President to establish minimum requirements for such plans and procedures.
(Sec. 1704) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to promptly refer the matter to the agency's inspector general for investigation. Requires such inspector general to report investigation results. Allows an agency head, after such a report, to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Allows for the consideration of mitigating and aggravating factors where applicable. Requires substantial allegations to be included in the Federal Awardee Performance and Integrity Information System database, while allowing for contractor response.
(Sec. 1705) Requires each such officer to require a recipient to immediately inform the appropriate Inspector General of credible evidence of the recipient's violation of anti-trafficking requirements, and to fully cooperate in any subsequent audit, investigation, or corrective action.
(Sec. 1706) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 1707) Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain DOD officials.
Title XVIII: Federal Assistance to Fire Departments - Subtitle A: Fire Grants Reauthorization - Fire Grants Reauthorization Act of 2012 - (Sec. 1803) Amends the Federal Fire Prevention and Control Act of 1974 to modify the scope of the Assistance to Firefighters Grants (AFG) program, including by permitting the use of grant funds for non-fire service emergency medical services organizations and for state fire training academies. Provides maximum grant amounts, ranging from $1 million for a recipient serving a population of 100,000 people or fewer to up to $9 million for a recipient serving a population of more than 2.5 million. Revises authorized grant purposes. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to award fire prevention and safety grants to fire departments and other appropriate organizations, with a maximum grant amount of $1.5 million per fiscal year. Prohibits providing program funds to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. Outlines grant application requirements, including joint or regional applications. Directs the Administrator to appoint fire service personnel to conduct peer reviews of applications. Provides for the prioritization and allocation of grant awards. Requires the Administrator, in considering applications, to consider: (1) the extent to which the grant would enhance the daily operations of the applicant and the grant's impact on the protection of lives and property; and (2) a broad range of factors important to the applicant's ability to respond to fires and related hazards. Allows for the awarding of grants: (1) to non-fire emergency medical services organizations, and (2) for fire safety research centers. Directs the Administrator to convene a workshop of fire safety and service organizations and other appropriate entities to identify and prioritize fire safety research needs. Outlines grant matching funds requirements. Allows the Administrator to waive certain grant requirements in cases of demonstrated economic hardship. Requires the Administrator to annually convene a meeting of qualified members of national fire service and related organizations to obtain recommendations regarding criteria for awarding grants and making administrative changes to the AFG program. Makes the Alaska Village Initiatives an eligible grant applicant. Requires annual AFG program reports from the Administrator to specified congressional committees. Authorizes appropriations for FY2013-FY2017 for the AFG program.
(Sec. 1804) Reduces from four to three years the length of authorized FEMA grants to fire departments to hire additional firefighters. Prohibits the amount provided to a fire department for hiring a firefighter from exceeding 75% of the cost of a first-year firefighter in the first and second year of the grant, and 35% in the third year. Allows for the waiver of such requirements in cases of demonstrated economic hardship. Authorizes appropriations for FY2013-FY2017. Terminates grant authority five years after the enactment of this title.
(Sec. 1805) Expresses the sense of Congress that: (1) grants and assistance awarded under the Federal Fire Prevention and Control Act of 1974 have proven 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 award of such grants and assistance will ensure the serving of grant and assistance purposes.
(Sec. 1806) Requires a report from the CG to specified congressional committees on the effect of amendments made under this title.
(Sec. 1807) Directs the Administrator of the United States Fire Administration (USFA) to: (1) study the level of compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness among U.S. fire services; and (2) report study results to Congress.
Directs the Secretary of Homeland Security (DHS) to establish the Task Force to Enhance Firefighter Safety, with specified duties and responsibilities. Requires the Task Force to report to such Secretary and Congress on its findings and activities.
Requires the USFA Administrator to study and report to Congress on the equipment, staffing, and training needed for fire services on a national, state, regional, and local level.
Authorizes appropriations.
Subtitle B: Reauthorization of United States Fire Administration - United States Fire Administration Reauthorization Act of 2012 - (Sec. 1812) Amends the Federal Fire Prevention and Control Act of 1974 to: (1) revise references to the USFA to provide for its establishment within FEMA (rather than within the Department of Commerce) and to change references to the head of FEMA as the Administrator (rather than the Director), (2) authorize the USFA Administrator to appoint a Deputy Administrator (current law requires the Deputy Administrator to be appointed by the President), (3) authorize the USFA Administrator to take such steps as the Administrator considers appropriate to educate the public and overcome public indifference as to individual preparedness (as well as to fire and fire prevention), and (4) authorize appropriations to carry out such Act through FY2017. Removes an outdated USFA funding limitation.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and Title XXIX of this Division on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2108) Prohibits the Secretary of the Army from expending FY2013 funds for the construction of a cadet barracks at the U.S. Military Academy until such Secretary: (1) submits to the defense and appropriations committees a plan to renovate existing barracks there, and (2) certifies to such committees the existence of a contract for the renovation of Scott Barracks at such location.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Modifies or extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Limits the total cost of such construction projects. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Extends or modifies certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
Subtitle B: Other Matters - (Sec. 2711) Replaces the Department of Defense Base Closure Accounts 1990 and 2005 with a single Department of Defense Base Closure Account. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law. Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires the Secretary to establish a consolidated budget justification display in support of the Account that, for each year, details credits and expenditures. Requires a final report from the Secretary to the defense and appropriations committees when the Account is closed.
(Sec. 2712) Places a five-year moratorium on any action that would result in a military installation which was covered by base closure and realignment provisions. Directs the CG to submit to the defense and appropriations committees a review of the process and criteria used by DOD to make such closure and realignment decisions.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any reduction in scope of work for a military construction project from resulting in a facility or item of infrastructure that is not complete and usable or does not fully meet the mission requirement for the project. Directs the Secretary concerned to ensure project contract compliance with the Anti-Deficiency Act.
(Sec. 2802) Requires the commander of each military installation, at least every 10 years, to 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.
(Sec. 2803) Directs each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during the sustainment phase of the project following completion of construction or renovation of the housing units. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing.
(Sec. 2804) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2013 DOD authority to use O&M funds for construction projects outside the United States which are necessary to meet urgent military operational requirements of a temporary nature.
(Sec. 2805) Directs the CG to report to the defense and appropriations committees on the construction or renovation of DOD facilities with in-kind payments. Requires annual report updates for three years.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
(Sec. 2812) Directs the Secretary to publish procedural requirements regarding access to military installations in the United States by individuals, including those performing work under a DOD contract. Allows such requirements to vary between installations depending on its nature, the access granted, and level of security required.
(Sec. 2813) Directs the Secretary to report to the defense and appropriations committees on the disposition of any closure of an active-duty U.S. military installation since 1988 that was not subject to the property disposal provisions of the Defense Base Closure and Realignment Act of 1990 and for which property disposals have not been completed.
(Sec. 2814) Directs the Secretary to report to the defense and appropriations committees on the reorganization of the Air Force Materiel Command organizations.
Subtitle C: Energy Security - (Sec. 2821) Requires congressional notification of any transaction or contract for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department if the term of the transaction or contract exceeds 20 years.
(Sec. 2822) Allows DOD to use for energy security the energy cost savings resulting from shared energy savings contracts.
(Sec. 2823) Amends the MCAA for Fiscal Year 2012 to continue for FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications. Lifts such prohibition upon the submission of a report and updated policy guidance from DOD.
(Sec. 2824) Directs the Secretary to: (1) issue guidance for financing renewable energy projects, (2) issue guidance establishing the processes used to select financing approaches that ensures maximum benefits and mitigates drawbacks and risks associated with various types of financing, and (3) develop a formalized communications process to enable officials at military installations to have access to other installations' information related to financing such projects.
(Sec. 2825) Directs the Secretary to report to the defense and appropriations committees on the use of energy performance contracts awarded by DOD during 2010-2012.
Subtitle D: Provisions Related to Asia-Pacific Military Realignment - (Sec. 2831) Prohibits a live fire training range complex on Guam from being established until the Secretary certifies to the defense and appropriations committees a military training and readiness requirement for such complex.
(Sec. 2832) Places specific limitations on the obligation or expenditure of funds to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii, including specified actions by the Secretaries of Defense and the Navy, as well as the Commander of the U.S. Pacific Command. Provides that, if the Secretary determines that any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2012-FY2013 will result in the development of public infrastructure on Guam, the Secretary may not carry out such grant, agreement, transfer, or supplement unless specifically authorized by law. Provides exceptions, including for analysis or studies required under the National Environmental Policy Act of 1969.
Subtitle E: Land Conveyances - (Sec. 2841) Amends the MCAA, 1987 to allow the Secretary of the Navy to enter into long-term leases of real property within the Broadway Complex of the Department of the Navy, San Diego, California.
(Sec. 2842) Amends the MCAA for Fiscal Year 2000 to allow additional purposes for the use of proceeds from a land conveyance at Tyndall Air Force Base, Florida.
(Sec. 2843) Authorizes the Secretary of the Army to convey to: (1) the village of Lordstown, Ohio, specified real property containing the John Kunkel Army Reserve Center, to be used for public purposes; and (2) the Texas Parks and Wildlife Department specified real property at Fort Bliss, Texas, for the establishment and operation of a state park.
(Sec. 2845) Amends the MCAA for Fiscal Year 2005 to allow an additional post-transfer use with respect to a land conveyance at Fort Hood, Texas.
(Sec. 2846) Authorizes the Secretary of the Army to convey to the Utah VA a specified portion of the Browning Army Reserve Center, Utah, for the construction and operation of a community-based outpatient clinic.
Subtitle F: Other Matters - (Sec. 2851) Increases from 21 to 90 days following congressional notification that the Secretary or Secretary concerned must wait before undertaking a permanent reduction of 1,000 or more members assigned to a military installation.
(Sec. 2852) Authorizes the Secretary concerned to accept services from a nonprofit entity in support of a military museum program and to enter into cooperative agreements with such entities for military museum and military educational institution programs.
(Sec. 2853) Amends the MCAA for Fiscal Year 2012 to provide an additional exception from the general prohibition on the use of DOD funds for a data server farm or data center when the DOD Chief Information Officer exempts RDT&E programs that use authorization of appropriations for the High Performance Computing Modernization Program.
(Sec. 2854) Redesignated the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 2855) Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington (D.C.) Navy Yard for a memorial to honor members who have served as divers, as long as the memorial is paid with private funds and such Secretary has exclusive authority to approve the design and site.
(Sec. 2856) Prohibits the Secretary of the Navy from obligating or expending 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 such Secretary reports to the defense and appropriations committees on the Marine Corps' efforts with respect to the proposed training range. Authorizes the Secretary of Defense to waive the report requirement in the event of urgent national need.
(Sec. 2857) Requires the Secretary, within 30 days after the closure of a U.S. military installation overseas, to submit to the defense committees a plan to ensure the oversight and continued maintenance of any cemetery located on such installation.
(Sec. 2858) Directs the Secretary to submit to the defense and appropriations committees an assessment of the feasibility and advisability of establishing a joint Armed Forces historical storage and preservation facility.
(Sec. 2859) Authorizes the Gold Star Mothers National Monument Foundation to establish a commemorative work on specified federal land in the District of Columbia to commemorate the sacrifices made by mothers, and by their sons and daughters who make the ultimate sacrifice in defense of the United States. Prohibits the Foundation from using federal funds to establish such work. Provides for the deposit of excess contributed funds.
(Sec. 2860) Authorizes the National Mall Liberty Fund D.C. (previously the Black Revolutionary War Patriots Foundation) to establish a memorial on specified federal land in the District of Columbia to honor the more than 5,000 slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution. Prohibits the National Mall Liberty Fund D.C. from using federal funds to establish such memorial. Repeals certain prior year congressional joint resolutions relating to the establishment and approval of the location of a black revolutionary war patriots memorial.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at a specified installation outside the United States. Authorizes appropriations for fiscal years after 2012 for such purpose.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for DOE for FY2013 for: (1) activities of the NNSA in carrying out programs necessary for national security; and (2) plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to limit the number of full-time employees of the NNSA to 1,825 by October 1, 2014. Prohibits any increase after such date unless the NNSA Administrator submits to the defense and appropriations committees a justification therefor. Provides excepted positions, and increases their number from 300 to 600. Requires the Administrator to ensure that the expertise of the national security laboratories and nuclear weapons production facilities is fully utilized through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.
(Sec. 3112) Directs the Administrator, within budget justification materials, to include an assessment of how the budget maintains the core nuclear weapons skills of the NNSA, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.
(Sec. 3113) Replaces provisions directing the Secretary of Energy (Secretary, for purposes of this Division) to provide a management structure for nuclear weapons production facilities and laboratories with a provision requiring the Administrator to establish a management structure for the nuclear security enterprise. Directs the Administrator to establish the National Nuclear Security Administration Council to: (1) advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and (2) make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency.
(Sec. 3114) Amends the Atomic Energy Defense Act to direct the Secretary to construct at Los Alamos National Laboratory, New Mexico, a building to replace the existing Chemistry and Metallurgy Research building associated with DOE Hazard Category 2 special nuclear material operations. Limits the cost of such replacement building, and requires operations to commence at such building no later than December 31, 2026. Provides funding. Prohibits any funds from being obligated or expended on activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capability of such building by such date. Requires the Deputy Administrator for Naval Reactors to study, and report to the defense and appropriations committees on, the costs, benefits, and risks to nuclear safety of such replacement project.
(Sec. 3115) Directs the Administrator to 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. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield.
(Sec. 3116) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
(Sec. 3117) Directs the Administrator to make available to the public each contractor performance evaluation conducted by the NNSA that results in an award fee to such contractor.
(Sec. 3118) Amends the Reagan Act to authorize the Secretary to accept, under any programs within the NNSA's Office of Defense Nuclear Nonproliferation, contributions from other governments and organizations toward the accelerated removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites. Extends through 2018 the authority for such contributions.
(Sec. 3119) Limits the obligation or expenditure of funds authorized for the United States-China Center of Excellence on Nuclear Security until the Secretary certifies to the defense and foreign relations committees that existing and planned non-proliferation activities undertaken with China are not contributing to the proliferation to other nations of nuclear weapons development and technology.
(Sec. 3120) Directs the Secretary and the Administrator to: (1) review and revise the DOE Acquisition Regulation and other appropriate regulations, orders, and policies in order to improve and streamline the administration, execution, and oversight of DOE and NNSA missions and operations; and (2) brief the defense, appropriations, and energy committees on the revised regulations, orders, and policies.
(Sec. 3121) Requires the Administrator to report to the defense and appropriations committees within 30 days after awarding a contract to manage and operate an NNSA facility. Directs the CG to review such report and submit review results to such committees.
(Sec. 3122) Directs the Secretary, acting through the Administrator, to carry out a program on scientific engagement in selected countries to advance global nonproliferation and nuclear security efforts. Limits program funding until the Administrator reports to the defense, appropriations, and foreign relations committees on such program and the countries selected. Requires the Administrator to: (1) notify such committees at least 15 days in advance of any program modifications, and (2) report to such committees on the manner in which such program coordinates and complements (without duplicating) other federal nonproliferation programs. Directs the CG to assess program effectiveness, and submit assessment results to such committees. Terminates program authority at the end of FY2016.
(Sec. 3123) Provides a three-phase approach for the uranium processing facility construction project at the Y-12 National Security Complex, Oak Ridge, Tennessee. Provides budgeting for each phase, dependent on the availability of appropriations. Limits to $4.2 billion the total cost of phase 1. Requires: (1) quarterly progress reports from the CG to the defense and appropriations committees, (2) the Deputy Administrator for Naval Reactors to study the project and report study results to such committees, and (3) the Director of Cost Assessment and Program Evaluation of DOD to submit to such committees a review of the project's costs and schedule.
Subtitle C: Improvements to National Security Energy Laws - (Sec. 3131) Amends the Atomic Energy Defense Act and the National Nuclear Security Administration Act to make organizational changes, revise responsibilities and terminology, repeal expired provisions, consolidate and revise reporting requirements, and make technical and clerical amendments.
(Sec. 3134) Repeals reporting requirements under the NDAA for Fiscal Year 2010 and the Atomic Energy Defense Act.
Subtitle D: Reports - (Sec. 3141) Requires the Nuclear Weapons Council, before proceeding beyond phase 6.2 activities with respect to any (nuclear weapon) lifetime extension program, to report to the defense and appropriations committees on the extension option selected for such program.
(Sec. 3142) Directs the Secretary and the Administrator, as appropriate, to notify the defense, appropriations, and energy committees within 15 days after a nuclear criticality incident resulting from an NNSA or defense environmental cleanup program that results in an injury or fatality or in the partial or complete shut-down of the facility. Requires a record of such incidents to be maintained by the Secretary. Directs such officials to report to such committees on any such incidents during the previous 10-year period.
(Sec. 3143) Directs the Secretary to report quarterly to the defense and appropriations committees 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.
(Sec. 3144) Directs: (1) the Administrator to contract with the National Academy of Sciences (NAS) to conduct a study of peer review and design competition related to nuclear weapons, (2) the NAS to submit study results to the Administrator, and (3) the Administrator to submit study results and recommendations to the defense committees.
(Sec. 3145) Requires the Administrator, in each of 2013 through 2015, to report to the defense and foreign relations committees on the budget, objectives, and metrics of NNSA defense nuclear nonproliferation programs.
(Sec. 3146) Directs the Administrator to submit to the defense and appropriations committees a study of plutonium pits, including their availability and reuse in future life extension programs.
(Sec. 3147) Directs the Secretary of Defense to: (1) assess the annual plutonium pit production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal, and (2) report assessment results to the defense and appropriations committees. Requires assessment updates as necessary.
(Sec. 3148) Directs: (1) the Administrator to commission an independent assessment regarding the transition of the national security laboratories to multi-agency federally funded research and development centers with direct sustainment and sponsorship by multiple national security agencies, and (2) the commissioned entity to report assessment findings to the Administrator and the defense and appropriations committees.
(Sec. 3149) Directs the Nuclear Weapons Council to submit to the defense and appropriations committees an assessment of the feasibility of finding further efficiencies in NNSA facilities and functions in order to reduce costs. Prohibits the availability of funds for certain DOE facility projects until the submission of such report.
(Sec. 3150) Requires the CG to submit to the defense, homeland security, and foreign relations committees the results of a study concerning risks and security of radiological materials at home and abroad.
(Sec. 3151) Directs the Secretary to undertake a review of, and report to Congress on, abandoned uranium mines that provided uranium ore for U.S. atomic energy defense activities. Requires such report to include recommendations addressing the remediation and reclamation of such mines.
Subtitle E: Other Matters - (Sec. 3161) Requires the Administrator and Secretary to ensure that the methods for assessing, certifying, and overseeing nuclear safety at specified defense nuclear laboratories and production facilities use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment when sufficient data exists. Requires such assessment to support rather than replace current requirements under the Atomic Energy Act of 1954 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 public health and safety.
(Sec. 3162) Directs the Secretary to report quarterly to the defense and appropriations committees on each nuclear weapon system undergoing life extension. Requires independent cost estimates for each system. Allows the Secretary of Defense, upon request of the NNSA Administrator, to conduct an independent cost assessment of any NNSA initiative or program estimated at more than $500 million.
(Sec. 3163) Authorizes the Nuclear Regulatory Commission (NRC), in conjunction with the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
(Sec. 3164) Amends the NDAA for Fiscal Year 1998 to prohibit any individual from taking any action against a director of a national security laboratory or nuclear weapons production facility, a member of the Nuclear Weapons Council, or the Commander of the U.S. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: (1) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or (2) the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces.
(Sec. 3165) Authorizes the Secretary to carry out a two-year pilot program at a national laboratory for the purpose of accelerating technology transfer from national laboratories to the marketplace. Requires a pilot program report from the Secretary to the defense, science, and energy committees.
(Sec. 3166) Establishes the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise to examine options and make recommendations for revising the governance structure, mission, and management of the nuclear security enterprise. Requires an interim and final report from the Panel to the President, the Secretaries of Defense and Energy, and the defense and energy committees. Provides funding. Terminates the Panel no later than June 1, 2014.
Subtitle F: American Medical Isotopes Production - American Medical Isotopes Production Act of 2012 - (Sec. 3173) Directs the Secretary of Energy (Secretary, for purposes of this subtitle) to carry out a technology-neutral program to evaluate and support projects for the production of significant quantities of molybdenum-99 for medical uses, to be carried out in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005. Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals and make recommendations to improve program effectiveness; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations using such fuels, targets, and processes. Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses. Requires such contracts to provide for the producers 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. Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created in medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium for which the producer does not have access to a disposal path. Requires the producer of the spent nuclear fuel and radioactive waste to characterize, package, and transport such fuel and waste before its acceptance by DOE. Requires the lease contracts to provide for appropriate compensation for costs incurred in or associated with: (1) the final disposition of spent nuclear fuel and radioactive waste for which DOE is responsible, and (2) carrying out the uranium lease and take-back program described above. Requires such program to be established within three years after the enactment of this Act. Prohibits the Secretary from exchanging uranium for specified services. Deems 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, to be low-level radioactive waste if it is acceptable under federal low-level waste disposal requirements.
(Sec. 3174) Amends the Atomic Energy Act of 1954 to: (1) prohibit the NRC from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this section; and (2) authorize an extension for up to another six years if the Secretary makes specified certifications to the energy committees. Provides that such export ban will not go into effect unless the Secretaries of Energy and Health and Human Services have jointly certified that: (1) there is a sufficient supply of molybdenum-99 without the use of highly enriched uranium to meet the needs of patients in the United States, and (2) it is not necessary to export U.S.-origin highly enriched uranium for medical isotope production in order to meet such patient needs. Permits suspension of an ongoing export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving such suspension.
(Sec. 3175) Requires the NRC Chairman to report to Congress on the current disposition of previous U.S. exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.
(Sec. 3176) Authorizes the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.
(Sec. 3177) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.
(Sec. 3178) Requires the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board (Board).
(Sec. 3202) Amends the Atomic Energy Act of 1954 to give each member of the Board equal responsibility and authority in establishing decisions and determining actions of the Board regarding recommendations, budgets, senior staff, hearings and witnesses, investigations, subpoenas, and setting policies and regulations governing Board operations. Revises the Board's mission. Requires the Board, at least 30 days before transmitting to the Secretary a recommendation with respect to a Board mission or function, to submit a draft thereof and any supporting findings and data, and to allow the Secretary to provide input before the recommendation is finalized. Requires any such input to be made public.
Directs the Board to enter into an agreement with a federal agency to procure the services of the inspector general of that agency. Requires the inspector general chosen to have expertise relating to the Board's mission. Requires the Board, in annual budget materials, to include a separate procurement line item for such services.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2013 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (DOT) (Secretary, for purposes of this title) for FY2013 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet (NDRF), (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Spence Act to make the appropriate version of the Federal Acquisition Regulations to be applied to a contract for the purchase of recycling services the one in effect at the time of contract award.
(Sec. 3503) Limits NDRF vessels to those of 1,500 tons or greater, but allows the Secretary to include others as appropriate.
(Sec. 3504) Authorizes the MA to donate excess vessels and fuel and shipboard and marine equipment on NDRF vessels to state maritime academies for instructional purposes. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.
(Sec. 3506) Allows all federal entities to transfer vessels to the NDRF, without reimbursement, subject to the approval of the Secretaries of Transportation and the Navy with respect to Ready Reserve Force vessels, and the Secretary with respect to all other vessels.
(Sec. 3507) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to conduct sea trials on NDRF vessels when determined necessary (under current law, at least once every 30 months).
(Sec. 3508) Authorizes the Secretary to extend existing Maritime Security Program operating agreements through FY2025. Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants. Extends through such fiscal year the authorization of appropriations for the Program.
(Sec. 3509) Requires the Administrator of the MA to assess, and report to the transportation committees on, the potential for using container-on-barge transportation in short sea transportation.
(Sec. 3510) Revises short sea transportation program purposes. Authorizes (under current law, requires) the Secretary to develop strategies to encourage the use of short sea transportation for the transportation of passengers and cargo.
(Sec. 3511) Authorizes the Secretary to 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 MA vessels or private vessels under U.S. registry, and through partnerships and cooperative efforts with academic, public, private, and non-governmental entities and facilities.
(Sec. 3512) Requires the MA Administrator to identify and publicize actions that could be taken to enable qualified U.S. flag capacity to meet national defense requirements. Requires the agency head responsible for the administration of U.S. navigation or vessel-inspection laws to notify the transportation committees of any request for or issuance of a waiver of any such laws.
(Sec. 3513) Directs the CG to study and report to such committees on the training needs of the maritime workforce.
(Sec. 3514) Requires the CG to assess the source selection procedures and practices used to award the MA's National Defense Reserve Fleet vessel recycling contracts.
(Sec. 3515) Requires the MA Administrator to complete, within 270 days after the enactment of this title, the design for a containerized, articulated barge able to utilize roll-on/roll-off or load-on/load-off technology in marine highway maritime commerce.
(Sec. 3516) Makes training institutions that are an instrumentality of a U.S. state, territory, or the District of Columbia eligible to receive surplus DOT vessels and related equipment for instructional purposes.
(Sec. 3517) Provides for the coordination of certain provisions and committee assignments within this title as necessary due to the earlier or subsequent enactment of the Coast Guard and Maritime Transportation Act of 2012.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law, or on competitive procedures. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including for overseas contingency operations; (6) military construction, including for overseas contingency operations; and (7) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47 helicopters.
Subtitle C: Navy Programs - (Sec. 121) Earmarks specified funds for commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln during FY2013.
(Sec. 122) Authorizes the Secretary of the Navy to enter into a contract for construction of a Ford-class aircraft carrier, to be funded over several fiscal years.
(Sec. 123) Prohibits the obligation or expenditure of more than 50% of the funds authorized for a second Ford-class aircraft carrier until the Secretary of the Navy submits to the congressional defense and appropriations committees a description of the program management and cost control measures to be employed in constructing such carrier.
(Sec. 124) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of Virginia-class submarines and government-furnished associated equipment. Authorizes such Secretary to employ incremental funding for such procurement upon a determination that such approach will permit the Navy to procure an additional submarine in FY2014.
(Sec. 125) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into multiyear contracts for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers and specified systems associated with such vessels.
(Sec. 126) Authorizes the Secretary of the Navy to transfer AEGIS weapon system equipment with Ballistic Missile Defense (BMD) capability to the Missile Defense Agency (MDA) for installation in the country designated as Host Nation #1. Requires the MDA Director to make a transfer of related equipment to the Navy for the DDG-51 class destroyer program.
(Sec. 127) Directs the Secretary of Defense (Secretary) to: (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 (MDAP), (2) report to the defense and appropriations committees with respect to the development and production of each variant, and (3) report quarterly to such committees on each variant in support of such ship.
(Sec. 128) Authorizes the Secretary of the Navy to transfer specified FY2012 Navy and Marine Corps ammunition and weapons and combat vehicles funds to other, high priority Navy and Marine Corps programs.
(Sec. 130) Expresses the sense of Congress that: (1) DOD should carefully evaluate the maritime force structure necessary to execute demand for forces by the commanders of the combatant commands; (2) the Navy should evaluate amphibious lift capabilities to meet current and projected requirements, and should consider prioritization of investment in and procurement of the next generation of amphibious assault ships; (3) such assault ships should maintain survivability protection; (4) operation and maintenance requirements analysis should be considered to reduce total ownership and acquisition cost; and (5) maintaining a robust amphibious shipbuilding industrial base is vital for the future of U.S. national security.
(Sec. 131) Expresses the sense of the Senate that, if the Navy budget for FY2014 includes a request for more than 13 new F-18 aircraft, the FY2014 budget request for F-35 aircraft should include a request for no fewer than 6 F-35B aircraft and 4 F-35C aircraft.
(Sec. 132) Increases by $2 million the amounts authorized under this title. Allows such funds to be used to procure SPIDERNet/Spectral Warrior hardware and installation.
Subtitle D: Air Force Programs - (Sec. 141) Reduces from 301 to 275 the required number of strategic airlift aircraft. Requires the Secretary of the Air Force to preserve each C-5 aircraft retired after FY2012 so that such aircraft is stored in a flyable condition, can be returned to service, and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense.
(Sec. 142) Directs the Secretary to treat as MDAPs certain programs for the F-22A Raptor aircraft.
(Sec. 143) Prohibits the Secretary of the Air Force from cancelling or modifying the avionics modernization program for C-130 aircraft until 30 days after submitting to the defense and appropriations committees the results of a study on costs and schedules for, and savings to be derived from, such program.
(Sec. 144) Authorizes the Secretary of the Air Force to: (1) procure two space-based infrared system satellites through a fixed-price contract, and (2) use incremental funding under such contract for up to six years. Provides procurement cost limits, allowing certain increases due to inflation, compliance with federal, state, and local laws, and new technologies. Requires a contract report from such Secretary to the defense and appropriations committees, as well as a plan for using cost savings to improve the capability of military infrared and early warning satellites. Authorizes such Secretary to use specified Air Force procurement funds for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system space vehicle #6. Expresses the sense of Congress that such Secretary should not enter into a fixed-price contract for two space-based infrared system satellites unless such contract would save the Air Force at least 20% over the cost of procuring such satellites separately.
(Sec. 145) Authorizes the Secretary to transfer specified FY2011-FY2012 aircraft procurement funds to other, high priority Air Force programs.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 152) Prohibits the obligation or expenditure of Joint Tactical Radio System funds for the production of handheld, manpack, and small form/fit radios until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense and appropriations committees that the acquisition strategy provides for full and open competition.
(Sec. 153) Requires the Commander of the U.S. Special Operations Command to report to the defense and appropriations committees on costs, schedule, and operational capabilities of the shallow water combat submersible program.
(Sec. 154) Increases by $6 million the amounts authorized under this title. Allows such amount to be used to procure color electro-optical and infrared imaging sensors for AC-130 aircraft used by the Special Operations Command in ongoing contingency operations.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits the obligation or expenditure of amounts under the Next Generation Foundry for the Defense Microelectronics Activity until 60 days after the Assistant Secretary of Defense for Research and Engineering develops and submits to the defense and appropriations committees a microelectronics strategy and an estimate of the full life-cycle costs for the upgrade of such Foundry.
(Sec. 212) Directs the Under Secretary to submit to the defense and appropriations committees a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities.
(Sec. 213) Authorizes the Secretary of the Navy to transfer specified FY2012 RDT&E funds to other, high priority Navy programs.
(Sec. 214) Includes educational institutions in Puerto Rico, the Northern Mariana Islands, and U.S. possessions within authorized defense laboratories education partnerships.
(Sec. 215) Authorizes the Secretary of the Air Force to transfer specified FY2012 RDT&E funds to other, high priority Air Force programs.
(Sec. 216) Earmarks specified RDT&E funds for radar relocation and research and development activities to enhance space situational awareness capabilities.
(Sec. 217) Increases by $38 million authorized RDT&E funds. Allows such funds to be used to conduct detailed digital radio frequency modulation countermeasures studies and simulations.
Subtitle C: Missile Defense Matters - (Sec. 231) Expresses the sense of Congress: (1) for a national priority of defending the United States against the potential future threat of limited ballistic missile attack from countries such as North Korea and Iran; (2) in favor of the currently deployed ground-based midcourse defense (GBMD) system to provide such defense, assuming appropriate levels of sustainability and performance; (3) that the MDA should correct problems discovered in GBMD flight tests; (4) in favor of continued development of the standard missile-3 block II interceptor as an essential first layer of defense against ballistic missile threats; and (5) that DOD should continue to evaluate the evolution of the long-range missile threat from North Korea and Iran and consider all possibilities for affordable and effective steps to improve the posture of the United States to defend itself against possible future growth in such threat. Requires a report from the Secretary to the defense and appropriations committees on the status of efforts to improve U.S. homeland missile defense capability.
(Sec. 232) Expresses the sense of Congress that : (1) the threat from regional ballistic missiles, particularly from Iran and North Korea, is serious and growing, and puts at risk forward-deployed U.S. forces and allies and partners in Europe, the Middle East and the Asia-Pacific region; (2) DOD has an obligation to protect all such forces; (3) the European Phased Adaptive Approach is an appropriate and necessary response to such threat; (4) DOD should continue to test and plan to deploy all four phases of such Approach, as well as other phased and adaptive regional missile defense efforts; (5) European members of the North Atlantic Treaty Organization (NATO) are making valuable contributions toward European missile defense; and (6) DOD should continue with the development of the key enablers of enhanced regional missile defense, including the Precision Tracking Space System. Requires a report from the Secretary to the defense and appropriations committees on the status and progress of regional missile defense programs and efforts.
(Sec. 233) Expresses the sense of Congress that: (1) it is in the U.S. national security interest to pursue efforts at missile defense cooperation with Russia, (2) the United States should pursue such cooperation on both a bilateral and multilateral basis with its NATO allies, (3) such cooperation should not in any way limit U.S. or NATO missile defense capabilities, (4) the United States should not provide Russia with sensitive missile defense information that would in any way compromise national security, and (5) all such cooperation should ensure the appropriate safeguarding of classified information.
(Sec. 234) Requires the MDA Director to: (1) develop a long-term plan for the Exo-atmospheric kill vehicle for the ground-based interceptor and any other interceptor that might be developed against long-range ballistic missiles, and (2) report to the defense and appropriations committees on such plan.
(Sec. 235) Directs the Secretary of the Army to submit to such committees a modernization plan of the Patriot air and missile defense system.
(Sec. 236) Prohibits the obligation or expenditure of any FY2013 DOD funds for the Medium Extended Air Defense System.
(Sec. 237) Earmarks specified DOD RDT&E funds to Israel for the Iron Dome short-range rocket defense program.
(Sec. 238) Authorizes the Secretary to: (1) retain intercontinental ballistic missile (ICBM) launch facilities currently supporting deployed strategic nuclear delivery vehicles within the limit of 800 deployed and non-deployed strategic launchers, (2) maintain such missiles on alert or operationally deployed status, and (3) preserve ICBM silos in operational or warm status.
(Sec. 239) Expresses the sense of Congress that the Secretary should comply with requirements of the previous National Defense Authorization Act and submit to Congress a homeland defense hedging policy and strategy report.
Subtitle D: Reports - (Sec. 251) Directs the Secretary of the Navy to report to the defense and appropriations committees on the mine countermeasures, antisubmarine, and surface warfare mission packages for the littoral combat ship.
(Sec. 252) Directs the Comptroller General (CG) to annually: (1) conduct a review of the acquisition program for the amphibious combat vehicle, and (2) report review results to the defense and appropriations committees. Outlines specified information required in the initial and subsequent reports. Terminates report requirements after the award of a contract for full-rate production of such vehicle.
(Sec. 253) Provides that if the ongoing Marine Corps ground combat vehicle fleet mix study recommends the acquisition of a separate Marine personnel carrier, then the Secretary of the Navy and the Commandant of the Marine Corps shall jointly report to the defense and appropriations committees with respect to such carrier.
Subtitle E: Other Matters - (Sec. 271) Transfers administration of the Ocean Research and Resources Advisory Panel (formerly the Ocean Research Advisory Panel) from the Navy to the Administrator of the National Oceanic and Atmospheric Administration (NOAA).
(Sec. 272) Expresses the sense of the Senate that the Secretary should develop a plan to increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence for training exercises for members of the Armed Forces (members).
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Secretary to: (1) issue to the appropriate military departments and defense agencies written guidance on environmental exposures at military installations, and (2) submit such guidance to the defense and appropriations committees.
(Sec. 312) Amends the Sikes Act to allow funds paid by the Secretary of the military department concerned (Secretary concerned) under a cooperative agreement for land management on a military installation to be paid in a lump-sum and placed in an interest-bearing account. Allows interest proceeds to be used for the same purpose.
(Sec. 313) Directs the Secretary to report to the defense and appropriations committees on the disposition of any uncompleted closure of an active-duty U.S. military installation since 1988 that was not subject to the property disposal provisions of the Defense Base Closure and Realignment Act of 1990.
Subtitle C: Logistics and Sustainment - (Sec. 321) Repeals certain amendments made under the National Defense Authorization Act (NDAA) for Fiscal Year 2012 relating to DOD depot-level maintenance, and revives the former provisions.
(Sec. 322) Amends the NDAA for Fiscal Year 2004 to: (1) authorize the Secretary concerned to carry out a demonstration project under which workers who are certified at the journey level to perform multiple trades are promoted by one grade level, and (2) extend such multi-trades demonstration project through FY2019.
(Sec. 323) Requires the Secretary of the Air Force, in managing system program responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, to comply with DOD instructions regarding the assignment of program responsibility.
Subtitle D: Reports - (Sec. 331) Requires as additional information in an annual DOD report on long-term corrosion strategy: (1) data on return of investment for completed corrosion projects and activities; and (2) how such funds are used for military corrosion projects, the technical corrosion collaboration pilot program, and other corrosion-related activities.
(Sec. 332) Revises the deadline for a CG review of an annual report on prepositioned materiel and equipment.
Subtitle E: Other Matters - (Sec. 341) Directs the Secretary, within 90 days after the enactment of this Act, to begin implementation of an efficiencies plan for the DOD civilian and service contractor workforce which shall achieve savings in funding for each such workforce from FY2012-FY2017 that are not less than the percentage savings achieved by the planned reduction in military personnel end strengths over the same period. Provides funding reduction exclusions. Requires an initial and annual plan reports over such period from the Secretary to the defense and appropriations committees. Prohibits any such savings from being achieved through unjustified transfers of functions between or among the military, civilian, and service contractor workforces of DOD. Expresses the sense of Congress that 30% of the savings achieved should be made available for costs of assisting separated military personnel in their transition from service.
(Sec. 342) Earmarks specified O&M funds for support of the NATO Special Operations Headquarters. Requires an annual report from the Secretary to the defense and appropriations committees regarding DOD support of such Headquarters.
(Sec. 343) Repeals a redundant provision authorizing the Secretary to provide certain items or facilities to a federal, state, or local law enforcement or emergency response agency to respond to emergencies involving chemical or biological agents if the Secretary determines that the item or facility is not reasonably available from another source.
(Sec. 344) Expresses the sense of Congress that: (1) the Secretary of the Navy should maintain in operational capability and perform necessary maintenance on each Navy cruiser and dock landing ship; (2) for retirements of Navy ships prior to their projected end of service life, the Chief of Naval Operations must explain to the defense and appropriations committees how the retention of such ship would degrade overall readiness; and (3) revitalizing the Navy's 30-year shipbuilding plan should be a national priority, and increased funding should be provided to help close the gap between requirements and the current fleet size.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Directs the Secretary to develop and implement a plan to increase the number of Marine Corps personnel assigned to the Marine Corps Embassy Security Group at Quantico, Virginia, as well as Marine Security Group regional commands and detachments at U.S. missions worldwide, by up to 1,000 Marines during FY2014-FY2017, for purposes of increased security in light of threats to U.S. personnel and property by terrorists. Requires separate budget line items for the Marine Corps and the Marine Corps Security Guard Program. Directs: (1) the Secretary, during each of 2014 through 2017, to report to Congress on the Marine Corps Security Guard Program; and (2) the President to notify Congress of any required modification in the scope of such Program.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Policy - (Sec. 501) Extends through 2018 DOD authority to convene selection boards to consider early discharges for regular officers below lieutenant colonel or commander who have served on active duty for at least one year in their current grade, are not on a promotion list, and are ineligible for retirement.
(Sec. 502) Allows a Navy chief warrant officer, grade W-5, to serve for up to 33 (under current law, 30) years before mandatory retirement for years of service.
(Sec. 503) Revises the definition of joint duty assignment as it pertains to instructors to include all instructor assignments for joint training and education.
(Sec. 504) Expresses the sense of the Senate that the Secretary should include as joint duty assignments officers assigned as instructors at the military service academies.
Subtitle B: Reserve Component Management - (Sec. 511) Makes lawful permanent residents eligible for appointment as officers in the National Guard (under current law, only as reserve officers).
(Sec. 512) Directs the Secretary to 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. Outlines program requirements. Terminates the program at the beginning of FY2015.
(Sec. 513) Directs the Secretary to conduct a study of the adequacy of mechanisms for the reintegration into civilian life of members of the National Guard and reserves following a deployment on active duty, including whether permitting such members to remain on active duty for a limited period after deployment (known as a "soft landing") is feasible and advisable for facilitating and easing such reintegration. Requires a study results report from the Secretary to the defense and appropriations committees.
Subtitle C: General Service Authorities - (Sec. 521) Directs the Secretary to develop and implement a plan to measure DOD efforts to achieve the goal of having a 20-30 year pipeline that yields a diverse officer and enlisted corps for the Armed Forces that reflects the population eligible to serve. Requires each military department Secretary, under such plan, to develop a definition of diversity that is reflective of the culture, mission, and core values of that armed force. Directs the Secretary to report biennially through 2017 to the defense and appropriations committees on the plan's development and implementation.
(Sec. 522) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to make full-time active-duty Guard and reserve personnel eligible for the career intermission pilot program (allowing personnel to temporarily suspend military service in order to achieve educational degree goals). Allows accrued leave to be carried through any period of inactive service under such program, and allows individuals who become ill or injured during such inactive service to be processed under regular (active) retirement or separation authority.
(Sec. 523) Allows licensed clinical social workers or psychiatric nurse practitioners to conduct pre-separation medical examinations for the detection of post-traumatic stress disorder (PTSD).
(Sec. 524) Requires each department Secretary to report quarterly in 2013-2014 to the defense committees on the number of members of regular components of that armed force who were involuntarily separated from active duty during such period.
(Sec. 525) Directs the Secretary to report to such committees on the advisability of modifying the criteria for the award of the Purple Heart and the Defense Medal of Freedom to include members or civilian U.S. employees killed or wounded in a terrorist act inspired by ideological, political, or religious beliefs. Requires the consideration, in the possible new eligibility for such awards, of any death or wounding of a member or civilian employee since September 11, 2001.
(Sec. 526) Extends through FY2015 the authority of members to accumulate and carry over up to 75 days of leave.
(Sec. 527) Prohibits providing a waiver for commissioning or enlistment in the Armed Forces for any individual convicted under federal or state law of the felony offense of rape, sexual abuse, sexual assault, incest, or any other sexual offense.
(Sec. 528) Directs the Secretary of the Army, through FY2014, to carry out a study on resilience in members of the Army in order to reduce trends in high-risk or self-destructive behavior and to prepare such members to manage stressful or traumatic situations. Requires two annual reports from such Secretary to the defense committees on such study.
Subtitle D: Military Justice and Legal Matters Generally - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be: (1) appointed by the President, by and with the consent of the Senate, and (2) serve in the grade of major general (unless holding a higher grade at the time of appointment). Outlines additional duties, including supervision over all Marine Corps judge advocates.
(Sec. 532) Requires, in annual reports of the Committee of the Uniform Code of Military Justice, legal information from the judge advocates general and the staff judge advocate of the Marine Corps, including appellate review results of general or special court martial determinations.
Subtitle E: Sexual Assault, Hazing, and Related Matters - (Sec. 541) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, to complete a line-of-duty determination with respect to the assault.
(Sec. 542) Directs the Secretary to include additional requirements within the revised comprehensive policy for the DOD sexual assault prevention and response program outlined under the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act), including: (1) an enhanced capability within each department for the investigation, prosecution, and defense of designated special victim offenses; (2) a record of the disposition of allegations of sexual assault; and (3) additional sexual assault prevention and response training for members, commanding officers, and commanders.
(Sec. 543) Requires each department Secretary to report to the defense committees on hazing policies and incidences within their jurisdiction.
(Sec. 544) Requires certain DOD sexual assault forms and records to be retained for at least 50 years.
(Sec. 545) Directs the Secretary to: (1) develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces, (2) report to the defense committees on such policy, and (3) require each department Secretary to establish a record on the disposition of any sexual harassment report (requiring such records to be retained for at least 50 years). Requires each department Secretary to report annually to the Secretary from 2015 through 2018 on sexual harassment cases involving members under their jurisdiction.
(Sec. 546) Amends the Skelton Act to add additional required information within annual reports on sexual assaults involving members.
Subtitle F: Education and Training - (Sec. 551) Includes the School of Advanced Military Studies Senior Level Course as a senior level service school (thus allowing it to offer joint professional military education instruction and credit).
(Sec. 552) Allows enlisted personnel other than the Air Force who are in joint-service medical training and education or serving as instructors in such training and education to participate in associate degree programs of the Community College of the Air Force.
(Sec. 553) Authorizes the Secretary of the Navy to: (1) enter into contracts and agreements with the Naval Academy Athletic Association to support Naval Academy athletic and physical fitness programs; and (2) receive funds, supplies, and services for the support of such programs. Allows such Association to enter into agreements for licensing, marketing, and sponsorship relating to Naval Academy trademarks and service marks.
(Sec. 554) Allows certain military medical students, while on active duty, to serve in pay grade O-2 (under current law, all such students serve in pay grade O-1) if they meet specified criteria prescribed by the Secretary concerned. Requires officers detailed as a student at a medical school to serve on active duty in the same grade (with the same entitlements) in which they served before such detail.
(Sec. 555) Allows members of the Selected Reserve who accept fellowships, scholarships, or grants to fulfill the attendant service requirements by serving: (1) on active duty for at least three times the length of the educational assistance, or (2) in the Selected Reserve for at least five times such length.
(Sec. 556) Repeals the requirement that at least 50% of service academy midshipmen and cadets qualify for and receive in-state tuition rates.
(Sec. 557) Requires the Secretary to develop a plan to establish and support at least 3,000 and no more than 3,700 (under current law, not less than 3,700) Junior Reserve Officers' Training Corps (JROTC) units by September 20, 2020. Authorizes the Secretaries concerned to determine that support provided to youth development programs is consistent with JROTC funding limitations and program objectives. Requires additional periodic program reports until 2020.
(Sec. 558) Authorizes the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no JROTC unit is maintained if such institution offers a course in military instruction and has at least 50 students above the eighth grade.
(Sec. 559) Removes the requirement that the Secretary publish semiannually in the Federal Register a list of institutions of higher education that are ineligible for DOD contracts and grants by reason of preventing ROTC access or military recruiting on its campus.
(Sec. 560) Directs the CG to report to the defense and appropriations committees on the effectiveness and oversight of the ROTC program.
(Sec. 561) Requires the Secretary to report to the defense committees on DOD efforts to standardize educational transcripts issued to members upon their separation.
(Sec. 562) Directs the CG to: (1) review the methodology used by the Military Education Coordination Council in compiling a required report concerning joint professional military education, (2) report review results to the defense committees, and (3) submit to such committees an assessment of the work performed by joint professional military education research institutions in support of professional military education and the broader mission of DOD and the military departments and defense agencies.
(Sec. 563) Requires the Secretaries of Defense and Education to enter into a memorandum of agreement with respect to the dissemination of information on the troops-to-teachers program (a program to aid former members in obtaining teacher certification and teaching positions in public schools, including high-need schools). Reduces from six to four years the required period of continuous active duty prior to eligibility for such program. Outlines participation agreement requirements, as well as requirements for stipend or bonus reimbursement upon failure to obtain appropriate qualification, termination of employment, or failure to complete the required teaching period.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 571) Earmarks specified DOD O&M funds: (1) for impact aid for children with severe disabilities, and (2) to assist local educational agencies (LEAs) having a significant number of dependents of members and DOD civilian employees enrolled in their schools.
(Sec. 573) Impact Aid Improvement Act of 2012 - Amends title VIII of the Elementary and Secondary Education Act of 1965 to revise the calculation of: (1) impact aid payments owed to federal property districts, and (2) eligible children displaced from housing located on federal property. Revises the deadline for final payments to educational districts.
(Sec. 574) Authorizes the head of a federal agency to appoint, on a noncompetitive basis, a relocating spouse of a member ordered to active duty for more than 180 days, or a spouse of a fully disabled or deceased member.
(Sec. 575) Authorizes the enrollment in a defense dependents' educational institution of dependents who have left a DOD overseas school due to an authorized member departure or evacuation order, and whose safe haven location is within commuting distance of the defense dependents' educational institution. Allows such enrollment for the dependents of active-duty personnel transitioning from a DOD overseas school in order to take courses under the DOD virtual elementary and secondary education program.
(Sec. 576) Expresses the sense of Congress in support of the goals and ideals of Yellow Ribbon Day in honor of members who are serving overseas apart from their families and loved ones.
(Sec. 577) Directs the Secretary to report to the defense and appropriations committees on the anticipated future of DOD family support programs during the five-year period after such report as military end strengths are reduced and forces are drawn down from combat operations in Afghanistan.
Subtitle H: Other Matters - (Sec. 581) Requires the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to coordinate periodic briefings of families concerning DOD activities to account for missing persons.
(Sec. 582) Authorizes DOD acceptance of voluntary services to facilitate the accounting for missing persons. Authorizes the Secretary concerned to enter into cooperative agreements with nonprofit entities for the support of a military educational institution or military museum.
(Sec. 583) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
(Sec. 584) Directs the Secretary to submit to the defense committees a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System.
(Sec. 585) Authorizes the President to issue a posthumous honorary promotion to second lieutenant for Sergeant (retired) Paschal Conley, a distinguished Buffalo soldier who was recommended for such promotion by General John J. Pershing.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Requires the rate of basic allowance for housing for a member of the Army or Air National Guard on full-time duty to be based on the member's location. Prohibits such rate from being modified when the member transitions from active to full-time duty, or vice versa, when the transition occurs without a break in active service, unless such transition results in a permanent change of station and the shipment of household goods.
(Sec. 602) Directs the Secretary concerned to make a payment to each member who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s).
(Sec. 603) Extends through 2013 DOD authority to provide a temporary increase in the rate of the basic allowance for housing for housing located in a major disaster area or an area which contains one or more military installations experiencing a sudden increase in assigned personnel.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2012 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty to one in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances - (Sec. 631) Authorizes the payment of a travel and transportation allowance for a member of the Selected Reserve who is involuntarily separated due to force structure reductions between October 1, 2012, and December 31, 2018, and subsequently fills a critical vacancy in another Selected Reserve unit that is at more than 150 miles from the member's residence. Allows such payment to include an allowance for dependents and household effects.
(Sec. 632) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty personnel; (2) reserve members holding a valid Uniformed Services Identification and Privilege Card; (3) retired members who, but for not attaining age 60, would be eligible for military retired pay; and (4) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness.
Subtitle D: Disability, Retired Pay, and Survivor Benefits - (Sec. 641) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
(Sec. 642) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
Subtitle E: Military Lending Matters - (Sec. 651) Includes as consumer credit, for purposes of consumer credit protection for members and their dependents during a member's military service, vehicle title and payday loans, as well as tax refund anticipation loans. Directs the Secretary to prescribe a policy on the predatory extension of credit via installment loans which target members and their dependents.
(Sec. 652) Applies the prohibition against charging out-of-state members higher interest rates on loans than what is permitted for residents of such state to other forms of consumer credit regulated by the Secretary for the credit protection of members.
(Sec. 653) Provides civil relief for violations of the protections on consumer credit extended to members and their dependents, including actual and punitive damages as well as equitable and declaratory relief.
(Sec. 654) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish certain military pay and allowances.
(Sec. 655) Requires the enforcement of protections on consumer credit for members and their dependents through appropriate banks, credit unions, banking associations, and related agencies.
Subtitle F: Other Matters - (Sec. 661) Revises a DOD program which provides transitional compensation and other benefits for the dependents of members who were separated from service due to dependent abuse to include under such coverage a child who was carried during pregnancy at the time of the abuse and born thereafter.
(Sec. 662) Directs the Secretary to report to the defense and appropriations committees on the issuance by the Armed Forces Medical Examiner of death certificates for members who die on active duty abroad, including mechanisms for reducing or ameliorating issuance delays.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - (Sec. 701) Authorizes TRICARE Standard and dental program coverage for members involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned. Continues such coverage for 180 days after such separation.
(Sec. 702) Authorizes the Secretary to implement procedures to place selected over-the-counter drugs on the DOD pharmacy benefits program's uniform formulary and make such drugs available to eligible beneficiaries. Allows such a drug to be selected and included only if DOD's Pharmacy and Therapeutics Committee finds that it is cost- and clinically-effective.
(Sec. 703) Amends the NDAA for Fiscal Year 1996 to require an ongoing evaluation of the effectiveness of the TRICARE program to include its impact on members and their dependents, military retirees (current law) and their dependents, dependent children under age 21, and dependents of members on active duty with severe disabilities and chronic health care needs.
(Sec. 704) Requires a report from the Secretary to the defense committees setting forth DOD policy on the future availability of TRICARE Prime for eligible beneficiaries in all TRICARE regions.
(Sec. 705) Requires the treatment of developmental disabilities under the TRICARE program to include behavioral health treatment, including applied behavioral analysis, when prescribed by a physician. Outlines requirements, including appropriate licensing or certification, with respect to the provision of such services. Provides behavioral health treatment exclusions.
(Sec. 706) Expresses the sense of Congress that: (1) members and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service, as do those who have been medically retired; and (2) access to quality health care services during retirement is an earned benefit in acknowledgment of such service and sacrifices.
Subtitle B: Other Health Care Benefits - (Sec. 711) Allows the use of DOD funds for abortions in cases of rape or incest.
(Sec. 712) Provides that members covered under military medical and dental care who have been diagnosed with a condition for which the recommended course of treatment is recognized as a cause for infertility shall also be entitled to fertility preservation treatment as part of such care.
(Sec. 713) Revises provisions concerning mental health assessments of members deployed in support of a contingency operation to: (1) extend one of the periods during which such assessments are required, and (2) limit the pre-deployment and post-deployment assessments to those members who will be, or were, subjected or exposed to operational risk factors during such deployment.
Subtitle C: Health Care Administration - (Sec. 721) Includes within medical malpractice provisions of the Federal Tort Claims Act DOD subcontractors providing health care services under personal services contracts.
(Sec. 722) Authorizes the Secretary to carry out a program to assess the feasibility and advisability of enhancing DOD efforts in research, treatment, education, and outreach on mental health and substance abuse disorders and traumatic brain injury (TBI) in members of the National Guard and reserves, their family members, and their caregivers. Requires a program report from the Secretary to the defense committees.
Subtitle D: Reports and Other Matters - (Sec. 731) Requires each department Secretary to submit semiannually to Congress data on their department's performance in addressing the care, management, and transition needs of members who participate in a Warriors in Transition program. Terminates the report requirement at the end of FY2017.
(Sec. 732) Directs the Secretary to submit to the defense committees the results of a comprehensive review of the adequacy and effectiveness of DOD policies, procedures, and systems in providing support to members who experience traumatic injury as the result of a DOD-required vaccination.
(Sec. 733) Directs the Secretary to submit to such committees a plan to streamline DOD programs that address psychological health and TBI among members. Requires an additional report on the status of plan implementation.
(Sec. 734) Requires the Secretary to report to such committees on the implementation of CG recommendations that address the prevention and abatement of hearing loss, data collection on hearing loss, and the need for a new interagency data sharing system to address and track hearing injuries and loss.
(Sec. 735) Expresses the sense of the Senate that: (1) the Secretaries of DOD and the Department of Veterans Affairs (VA) should develop a plan to ensure a sustainable flow of qualified counselors to meet the long-term needs of members, veterans, and their families; and (2) such plan should include the participation of accredited schools and universities, health care providers, professional counselors, family service or support centers, chaplains, and other appropriate DOD and VA resources.
(Sec. 736) Directs the Secretary and the Attorney General to jointly carry out a program under which members and their dependents may deliver controlled substances to designated facilities for disposal under provisions of the Controlled Substances Act.
Subtitle E: Mental Health Care Matters - (Sec. 751) Directs the Secretary to: (1) establish a position for the oversight and management of all DOD suicide prevention and resilience and preventative behavioral health programs; (2) develop and implement a program on the prevention of suicide among members; (3) standardize, assess, and monitor DOD medical evaluation boards, physical evaluation boards, and physical evaluation board liaison officers; (4) contract for an independent assessment of whether the mental health care benefits available to members and their beneficiaries under the TRICARE program are adequate to meet their needs; (5) enter into a joint memorandum of understanding (MOU) with the VA Secretary providing for the DOD-VA sharing of the results of examinations and records under the medical tracking system for members deployed overseas; (6) enter into a DOD-VA MOU providing for certain combat-experienced former members to be considered for employment as VA peer counselors; and (7) establish an organization to discharge certain responsibilities relating to DOD research and medical practices on mental health conditions. Requires reports with respect to some of the above requirements.
(Sec. 758) Requires the Administrator of the Drug Enforcement Administration (DEA) to enter into a MOU with the Secretary to establish procedures under which a member may deliver a controlled substance to another member or a DOD employee for disposal under provisions of the Controlled Substances Act.
(Sec. 759) Directs the VA Secretary to: (1) develop and implement measures to assess VA mental health care services, as well as guidelines for the staffing of such services; and (2) report semiannually to the veterans committees on progress in developing and implementing such measures and guidelines.
(Sec. 760) Expands the Vet Center program of counseling to former members who served on active combat duty to include the furnishing of counseling to their family members.
(Sec. 761) Authorizes the VA Secretary to furnish mental health care to immediate family members of members currently deployed in connection with a contingency operation. Terminates such authority three years after the enactment of this Act.
(Sec. 762) Establishes in the Veterans Health Administration the Readjustment Counseling Service, to provide veterans' readjustment counseling and associated services. Requires an annual Service activities report from the VA Secretary to the veterans committees.
(Sec. 763) Directs the VA Secretary to carry out a national outreach program to recruit mental health providers to provide such services for the VA on a part-time, no-compensation basis.
(Sec. 764) Requires (under current law, authorizes) the VA Secretary to carry out a counseling program for veteran peer counselors. Requires such program, as well as peer outreach and peer support services, to be carried out at each VA medical center.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Provisions Relating to Major Defense Acquisition Programs - (Sec. 801) Directs the Secretary to modify acquisition regulations to prohibit DOD from entering into cost-type contracts for the production of major defense acquisition programs (MDAPs). Provides an exception when the Under Secretary certifies that such a contract is needed to provide a required capability in a timely and cost-effective manner. Applies such requirements to MDAP production contracts entered into on or after October 1, 2014.
(Sec. 802) Directs the Secretary to ensure that the acquisition strategy for each MDAP: (1) provides for breaking out a major subsystem or subassembly, conducting a separate competition or negotiating a separate price for the subsystem or subassembly, and providing the subsystem or subassembly to the prime contractor as government-furnished equipment; and (2) in any case where it is not practical or appropriate to break out a major subsystem or subassembly and provide it to the prime contractor as government-furnished equipment, includes measures to prevent excessive pass-through charges by the prime contractor.
(Sec. 803) Revises generally oversight and supervisory responsibilities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation with respect to MDAP chief developmental testers and lead developmental test evaluation organizations.
(Sec. 804) Requires the Under Secretary, at least 30 days before entering into a contract for the development or production of a MDAP with a potential termination liability in excess of $100 million, to report to the defense and appropriations committees on such potential liability.
(Sec. 806) Amends the Weapon Systems Acquisition Reform Act of 2009 to repeal the requirement to review ongoing MDAPs initiated before the enactment of DOD milestone B certification and approval process requirements.
Subtitle B: Acquisition Policy and Management - (Sec. 821) Amends the NDAA for Fiscal Year 2012 to extend through FY2014 the temporary limit on the aggregate annual expenditures for DOD contract services.
(Sec. 822) Directs the Secretary to revise the Department of Defense Supplement to the Federal Acquisition Regulation (DOD-FAR) in order to prohibit DOD from awarding a contract for services unless the contractor agrees that at least 50% of the direct labor costs under the contract will be performed by such contractor's employees or by a subcontractor specifically identified in the contract.
(Sec. 823) Allows amounts from the Defense Acquisition Workforce Development Fund to be used for temporary acquisition personnel only for training such personnel in the performance of acquisition-related functions and duties. Extends through FY2017 DOD authority for the expedited hiring of acquisition workforce personnel. Requires the Under Secretary to develop an implementation plan for the limited funding authority for the temporary personnel.
(Sec. 824) Directs the Secretary to review, and report to the defense and appropriations committees on, the profit guidelines in DOD-FAR to identify any modifications necessary to ensure an appropriate link between contractor profit and contractor performance.
(Sec. 825) Amends the NDAA for Fiscal Year 2008 to: (1) repeal the requirement of DOD Inspector General follow-up reports on internal controls for procurements made by DOD through certain non-defense federal agencies; and (2) authorize (under current law, direct) the inspectors general of DOD and the non-defense agencies to enter into a memorandum of understanding concerning their review and determinations with respect to such internal controls.
(Sec. 826) Amends the Skelton Act to extend until January 1, 2016, a pilot program on the management of DOD supply chain risk.
(Sec. 827) Expresses the sense of the Senate in support of: (1) DOD efforts to implement the Item Unique Identification Initiative (Initiative) (the marking and tracking of assets deployed throughout the Armed Forces or in the possession of DOD contractors), (2) measures to verify contractor compliance with DOD-FAR regulations on unique identification, (3) DOD adoption and implementation of Initiative actions and milestones, and (4) DOD capture and use of Initiative meaningful data and benefits.
Subtitle C: Amendments Relating to General Contracting Authorities, Procedures, and Limitations - (Sec. 841) Authorizes the head of a defense agency to require submission of cost or pricing data for a major system or subsystem or component thereof that is not a commercially available off-the-shelf item and was not developed exclusively at private expense. Authorizes such agency head, when price information is not adequate to evaluate reasonableness, to require the submission of uncertified cost data adequate for such evaluation.
(Sec. 842) Sets the maximum annual defense contractor employee compensation at the maximum annual aggregate pay limit for federal employees (currently $230,700) established by the Office of Management and Budget (OMB). Directs the DOD Inspector General, 120 days after the enactment of this Act, to report to Congress on the effect of such modification.
(Sec. 843) Authorizes Defense Contract Audit Agency access to defense contractor internal audit reports related to the efficacy of contractor or subcontractor internal controls and the reliability of contractor or subcontractor business systems. Requires the Director of such Agency to issue revised guidance on Agency auditor access to contractor internal audit reports and supporting materials.
(Sec. 844) Provides additional whistleblower protections for defense contractor employees, including: (1) extending such protection to subcontractor employees; (2) adding as a valid disclosure an abuse of authority relating to a DOD contract or grant; (3) specifying the individuals and officials to whom such disclosures may be made, including management officials of the contractor; (4) extending coverage to reprisal actions taken in concert with the contracting agency; (5) conforming standard-of-proof requirements to those applicable for federal employees; (6) prohibiting whistleblower protections from being waived by an arbitration agreement; (7) prohibiting the payment of contractor legal fees if the contractor is determined to have engaged in a reprisal; and (8) establishing statutes of limitations for complaints and appeals.
(Sec. 844A) Prohibits an employee of a federal (non-defense) contractor, subcontractor, or grantee from being discharged, demoted, or otherwise discriminated against for disclosing to specified persons or bodies information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract. Includes as appropriate persons or bodies for such disclosure a Member of Congress, an inspector general, the Government Accountability Office (GAO), a federal employee responsible for contract or grant oversight or management, an authorized official of the Department of Justice (DOJ) or other law enforcement agency, a court or grand jury, or a management official or other employee of the contractor, subcontractor, or grantee responsible for investigating, discovering, or addressing misconduct. Outlines procedures for the investigation of such complaints (with a three-year statute of limitations), remedy and enforcement authority through the appropriate inspector general, and judicial review through the appropriate appellate court.
(Sec. 845) Directs the Secretary to review the guidance on personal conflicts of interest for contractor employees to determine whether it would be in the best interest of DOD and the taxpayers to extend such guidance to personal conflicts of interest by contractor personnel performing: (1) functions other than acquisition functions that are closely associated with inherently governmental functions, (2) personal services contracts, and (3) contracts for staff augmentation services. Requires a report from the Secretary to the defense committees on such review and any required revision of regulations.
(Sec. 846) Repeals the September 30, 2016, sunset for DOD authority to file bid protests for task and delivery orders in excess of $5 million.
(Sec. 847) Requires annual reports, after each of FY2013-FY2016, from the Secretary to the defense, budget, and appropriations committees on the use of indemnification agreements within defense contracts.
(Sec. 848) Amends the Small Business Act with respect to federal procurement contracting with small businesses owned and controlled by women to: (1) remove the requirement that a federal contracting officer may restrict a contract competition to small businesses owned and controlled by women only if such women are economically disadvantaged, (2) remove contract anticipated award price limits, and (3) direct the Administrator of the Small Business Administration (SBA) to periodically study and report to the small business committees on industries underrepresented by small businesses owned and controlled by women.
Subtitle D: Provisions Relating to Wartime Contracting - Wartime Contracting Reform Act of 2012 - (Sec. 861) Directs the Secretary to: (1) prescribe in regulations the chain of authority and responsibility within DOD for policy, planning, and execution of contract support for overseas contingency operations; and (2) report to the defense and appropriations committees on such regulations. Requires the CG to assess such regulations and report assessment results to such committees.
(Sec. 862) Requires the Secretary, within one year after the commencement or designation of a contingency operation that includes combat operations and annually thereafter until the end of such operation, to report to specified congressional committees on contract support for the operation. Requires additional reports, under the same timelines, from the Secretary of State and the Administrator of the United States Agency for International Development (USAID) with respect to contract support for such operations. Provides an exception.
(Sec. 863) Requires the DOD military readiness reporting system to measure, on an annual basis, the capability of operational contract support for current and anticipated wartime missions. Makes the Chairman of the Joint Chiefs of Staff (JCS) responsible for determining the operational contract support requirements of the Armed Forces and recommending appropriate resources therefor. Requires the curriculum for each phase of joint professional military education to include courses relating to contracting for contingency operations.
(Sec. 864) Directs the Secretaries of Defense and State and the USAID Administrator, within six months after the commencement or designation of an overseas contingency operation that includes or is expected to include combat operations, to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions supporting such operation. Provides exceptions. Requires such officials to submit each assessment and plan to specified congressional committees.
(Sec. 865) Amends the NDAA for Fiscal Year 2008 to extend until February 1, 2015, DOD reports on contracting in Iraq and Afghanistan. Repeals CG review of such reports.
(Sec. 866) Amends the NDAA for Fiscal Year 2010 to extend through 2014 DOD temporary authority to acquire products and services in countries located along a major supply route to Afghanistan. Repeals an expired report requirement.
(Sec. 867) Applies, without exceptions or exemptions, Buy American requirements in the case of any textiles or components supplied by DOD to the Afghanistan National Army or the Afghanistan National Police for the production of uniforms.
(Sec. 868) Expresses the sense of the Senate that: (1) Latvia and other NATO member nations along the Northern Distribution Network routes (Network routes) are key economic and security partners of the United States and are to be commended for their contribution to ensuring that U.S. and International Security Assistance Force troops have reliable lines of supply to achieve their mission in Afghanistan; (2) when quality products at competitive prices are available, significant effort should be made to procure goods locally from Latvia and other NATO nations along the Network routes; and (3) Latvia and other NATO nations along the Network routes remain allies of the United States in the region, and a mutually beneficial relationship should continue to be cultivated between the United States and such nations.
(Sec. 869) Amends the Inspector General Act of 1978 to outline responsibilities of the inspectors general of DOD, the Department of State, and USAID upon the commencement or designation of an overseas contingency operation (OCO) that exceeds 90 days. Directs the Council of Inspectors General on Integrity and Efficiency to establish a standing committee on OCOs, which shall undertaken specified activities to improve OCO oversight, including an annual joint-strategic plan for ongoing and anticipated OCO oversight. Requires the establishment of a Lead Inspector General for each OCO that exceeds 90 days, with specified responsibilities and required reports.
(Sec. 870) Requires the Secretaries of Defense and State and the USAID Administrator, within 180 days after the designation or commencement of an OCO and semiannually thereafter until its termination, to make available to the inspector general of the department or agency concerned the information required in the reports of the Lead Inspector General designated above. Requires the audit of such information for accuracy and completeness.
(Sec. 871) Expands the responsibilities of chief acquisition officers in federal agencies to include oversight of contracts and contracting activities for OCOs.
(Sec. 872) Directs the Secretary of State and the USAID Administrator to submit to specified congressional committees an assessment of their departments' policies governing contract support for OCOs. Requires a related CG report on the progress of such departments in implementing changes and improvements to such policies.
(Sec. 873) Requires the Secretary of State to develop and administer a course on acquisition for Department of State support and participation in OCOs.
(Sec. 874) Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged to the federal government under government contracts, in order to assist federal agencies in evaluating offers for contracts which include such items and services.
(Sec. 875) Amends the Hunter Act to include corporations as covered persons required to submit specified information to the Administrator of General Services (GSA) regarding their performance under federal contracts or grants exceeding $500,000.
(Sec. 876) Directs the Federal Acquisition Regulatory Council to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used by executive agencies for making source selection decisions. Requires FAR to be revised to require that affected contractors: (1) are notified of the information to be so included; and (2) given up to 14 days to submit comments, rebuttals, or additional information on their behalf. Directs the CG to report to specified congressional committees on Council actions taken pursuant to this section.
(Sec. 877) Amends the NDAA for Fiscal Year 2008 to direct the Secretary to make publicly available any information contained in a DOD database or repository concerning certain senior DOD officials seeking employment with defense contractors within two years after leaving their former position.
Subtitle E: Other Matters - (Sec. 881) Outlines specified requirements and limitations for suspension and debarment officials, including: (1) maintaining at least one official for each military department the Defense Logistics Agency, the Department of State, and the USAID; (2) that each official not be subject to the supervision or control of the acquisition office or inspector general of either DOD or the department or agency concerned; (3) that each official document the basis for any final decision taken pursuant to a formal suspension or debarment referral; and (4) that each official develop written policies for the consideration of referrals. Requires the Interagency Committee on Debarment and Suspension to submit annually a summary of suspensions, debarments, and administrative agreements during the previous year.
(Sec. 881A) Directs DOD-FAR to be revised to provide for the automatic referral to the appropriate suspension and debarment official of individuals charged with or alleged to have engaged in criminal action under a contract of an executive agency.
(Sec. 882) Requires the Secretary and the Administrator of the Office of Federal Procurement Policy (OFPP) to: (1) establish uniform standards, requirements, and rules for processing DOD procurement requests, contracts, receipts, and invoices; (2) establish and maintain one or more electronic contract writing systems that conform with such standards, requirements, and rules; and (3) require the use of electronic contract writing systems approved for all contracts entered into by DOD. Provides a phase-in of the approved systems. Requires a report from the Secretary and the Administrator to specified congressional committees on the requirements of this section.
(Sec. 883) Directs the CG to: (1) review the use of the unusual and compelling urgency exception to full and open competition within acquisition organizations of DOD, the Department of State, and USAID; and (2) report review results to specified congressional committees.
(Sec. 884) Authorizes the Secretary concerned to allow the Defense Contract Management Agency, in advance of the award of a procurement contract, to test and inspect an item when such inspection or testing is determined to be critical to a specific DOD program.
(Sec. 885) Disestablishes the Defense Materiel Readiness Board established under the NDAA for Fiscal Year 2008, as well as the Department of Defense Strategic Readiness Fund.
(Sec. 886) Revises the required waiting period following congressional notification of DOD intent to contract for the lease of certain vessels and vehicles.
(Sec. 887) Amends the NDAA for Fiscal Year 1994 to extend through FY2018 DOD authority to carry out projects relevant to weapons or weapon systems proposed to be acquired or developed by DOD through transactions other than contracts, grants, or cooperative agreements.
(Sec. 888) Amends the Small Business Act to require an offeror with respect to a contract let by a federal agency that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business as a potential subcontractor to notify the small business that the offeror intends to identify it as a potential subcontractor. Directs the SBA Administrator to establish a reporting mechanism that allows subcontractors to report fraudulent activity by a contractor with respect to a federal small business subcontracting plan.
(Sec. 889) Requires the suspension and debarment officials of the military departments and the Defense Logistics Agency to each report to the defense and appropriations committees on their activities.
(Sec. 889A) Directs the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on the Army's acquisition of small arms and ammunition, and (2) report study results to the defense and appropriations committees.
(Sec. 889B) Directs the Secretary to conduct a study, and report to such committees, on defense contracting fraud.
(Sec. 889C) Requires the Secretary to submit to such committees a plan to increase the number of contractors eligible to be awarded contracts under the Air Force Network-Centric Solutions-2 indefinite delivery and quantity contract.
(Sec. 889D) Directs the CG to include in a required annual GAO report a list of the most common grounds for sustaining protests relating to bids for contracts.
(Sec. 889E) Treats certain base closure areas as a HUBZone (heavily underutilized business zone), for SBA loan eligibility purposes, for a five-year period beginning on the date of enactment of this Act.
Subtitle F: Ending Trafficking in Government Contracting - End Trafficking in Government Contracting Act of 2012 - (Sec. 893) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to pay return transportation costs to an employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees unreasonable placement or recruitment fees, or (5) provide inadequate housing conditions.
(Sec. 894) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at more than $500,000 unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
(Sec. 895) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to promptly refer the matter to the agency's inspector general for investigation. Requires such inspector general to report investigation results. Allows an agency head, after such a report, to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.
(Sec. 896) Requires an agency head that receives credible information concerning trafficking under a federal grant, contract, or cooperative agreement to: (1) immediately inform the inspector general of such agency; and (2) fully cooperate with federal agencies responsible for audits, investigations, or corrective actions relating to such trafficking.
(Sec. 897) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 898) Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain DOD officials.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Directs the Secretary to: (1) define for purposes of joint doctrine the terms "preparation of the environment" and "operational preparation of the environment"; and (2) report to the defense committees on the defined terms.
(Sec. 902) Includes as a duty of the Nuclear Weapons Council the provision of programmatic guidance on nuclear command, control and communications systems. Directs the Council to submit annually to Congress a certification of whether amounts requested for the National Nuclear Security Administration (NNSA) meets nuclear stockpile and stockpile stewardship requirements.
(Sec. 903) Requires additional qualifications and responsibilities of DOD's Chief Management Officer upon the failure to obtain an audit with an unqualified audit opinion on its financial statements for FY2017.
(Sec. 904) Requires military departments and defense agencies to submit to DOD's Deputy Chief Management Officer information on covered defense business system programs as necessary for a defense business system investment review.
Subtitle B: Space Activities - (Sec. 911) Places the Operationally Responsive Space Program Office within the Air Force Space and Missile Systems Center. (Under current law, such Office is under DOD.) Directs the Secretary to establish the Operationally Responsive Space Executive Committee to provide coordination, oversight, and approval of Office projects. Authorizes the Secretary of the Air Force to transfer certain prior-year Air Force funds to other, high priority Air Force programs, and directs such Secretary to submit to the defense and appropriations committees a program plan for such higher priority programs.
(Sec. 912) Authorizes the Secretary, in order to assist the Secretary of Transportation with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of DOD STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Authorizes the Secretary to enter into contracts and other agreements relating to STI, and to accept contributions in furtherance of STI activities. Establishes the Defense Cooperation Space Launch Account for such purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 913) Directs the Under Secretary to report to the defense and appropriations committees on each major satellite acquisition program that assesses the integration of schedules for the acquisition and delivery of the capabilities of components for the program, as well as its funding. Requires the Milestone Decision Authority of each such program to include such report as part of the documentation used to approve program acquisition. Directs the Under Secretary to notify such committees in the event of the non-integration of the acquisition and capability delivery schedules of any such program.
(Sec. 914) Amends the NDAA for Fiscal Year 2000 to require, in the event of any dispute resolution process involving the surrender of the use of DOD bands of electromagnetic frequencies, that DOD has adequate representation to convey its views.
Subtitle C: Intelligence-Related and Cyber Matters - (Sec. 921) Authorizes DOD to provide geospatial intelligence support to regional organizations with defense or security components, as well as international organizations and security alliances of which the United States is a member.
(Sec. 922) Directs: (1) the Secretary of the Army to assign responsibility for oversight of the development, acquisition, testing, and fielding of the distributed common ground system cloud computing program to the Army Chief Information Officer (CIO); and (2) the Army CIO to submit to the Secretary a review of such program.
(Sec. 923) Directs the Secretary to: (1) substantially reduce the number of sub-networks and network enclaves, and their associated security and access management controls, across DOD; (2) establish and carry out a personnel plan that reassigns network operations and security personnel affected by such reduction; and (3) submit such plan to the defense and appropriations committees.
(Sec. 924) Requires the DOD CIO to develop and submit to Congress a strategy to acquire next-generation host-based cybersecurity tools and capabilities for DOD.
(Sec. 925) Directs the Under Secretary to: (1) develop a comprehensive program for improvements of the security, quality, and competition in the computer software procured for DOD major systems, national security systems, and critical information systems; (2) provide for specified secure code development practices through the Director of the Defense Information Systems Agency; (3) develop guidance and direction for DOD program managers of such systems that ensures conformity with required software coding; (4) study potential mechanisms for obtaining higher quality and secure development of DOD software; and (5) establish or require software repositories and collaborative software development environments.
(Sec. 926) Directs the Under Secretary to: (1) develop an inventory of all DOD data link systems in use and in development; (2) conduct a business case analysis of whether such systems' upgrade, new deployment, or replacement should be open to competition; (3) develop, for the appropriate systems, a plan to achieve such competition; (4) prepare, for the appropriate systems, a justification of those that should not be open to competition; and (5) submit to Congress any plan developed under (3) above. Directs the CG to assess any plan submitted, and report assessment results to Congress.
(Sec. 927) Requires the Director of the Intelligence, Surveillance, and Reconnaissance Task Force to: (1) develop a plan to rapidly achieve an operationally integrated signals intelligence collection and dissemination capability to meet requirements for detecting, tracking, and geolocating high-band communications devices to trigger immediate observation and tracking of high-value targets by imagery sensor; and (2) coordinate funding, oversight, system deployment, and operational support of combat operations for purposes of the development and deployment of such capability.
(Sec. 928) Authorizes the DOD CIO to use available funding and capabilities of the Community Data Center of the Defense Information Systems Agency to develop and demonstrate collection, processing, and storage technologies for DOD network flow data, especially with respect to cybersecurity threats and defenses.
(Sec. 929) Prohibits any DOD component from utilizing the cloud computing database developed by the National Security Agency (NSA) and known as "Accumulo" after the end of FY2013, unless the DOD CIO certifies that: (1) there are no viable commercial open source databases that have such security features, or (2) Accumulo itself has become a successful open source database project. Requires DOD and intelligence community officials to coordinate the use by DOD components of cloud computing infrastructure and services offered by the intelligence community for purposes other than intelligence analysis.
(Sec. 930) Requires the Secretary and the Director of National Intelligence (DNI) to jointly sustain through FY2013 the commercial electro-optical imaging collection capacity that was planned under the Enhanced View program to be available to DOD through service-level agreements with commercial data providers. Directs the JCS Vice Chairman to submit to the Congressional Budget Office (CBO) a report describing DOD peacetime and wartime requirements for electro-optical imagery under current circumstances and anticipated strategy revisions and budgetary constraints. Requires the CBO Director to submit a report assessment to the defense, appropriations, and intelligence committees. Provides funding for the service level agreements.
(Sec. 931) Directs the DOD CIO to: (1) conduct a department-wide inventory of software licenses, examine license utilization rates, and assess DOD current and future need for such licenses; and (2) develop a plan to bring the number of such licenses into balance with DOD needs.
(Sec. 932) Prohibits any amounts authorized for the Military Intelligence Program from being obligated or expended to provide for a number of DOD personnel conducting or supporting human intelligence in excess of such number as of April 20, 2012. Requires: (1) the DOD Director of Cost Assessment and Program Evaluation to submit to the defense, appropriations, and intelligence committees an independent estimate of the costs of the Defense Clandestine Service; and (2) the Under Secretary of Defense for Intelligence to report to such committees with respect to the management and deployments of Service case officers.
(Sec. 933) Authorizes the Secretary of the Air Force to extend or renew, for a conditional short term, aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program. Provides funding.
(Sec. 934) Expresses the sense of the Senate that DOD: (1) must ensure full visibility and adequate control of its supply chain, including subcontractors, in order to mitigate supply chain exploitation; and (2) needs the authority and capability to mitigate supply chain risks to its information technology systems that fall outside the scope of national security systems.
(Sec. 935 Expresses the sense of Congress that Congress: (1) recognizes the serious cyber threat to national security and the need to protect the nation's networks and critical infrastructure, (2) acknowledges the importance of DOD's unified command structure and recognizes that a change in the status of the U.S. Cyber Command has department-wide and national security implications, (3) expects to be briefed and consulted about any proposal to elevate such Command to a unified command before a decision by the Secretary to make such a proposal to the President, and (4) believes that appropriate policy foundations and standing rules of engagement must be in place before any decision to create a unified U.S. Cyber Command.
(Sec. 936) Directs the Under Secretary for Intelligence to: (1) establish a process by which cleared defense contractors shall report to designated DOD elements when a designated network or information system of such contractor is successfully penetrated, and (2) establish criteria for designating the appropriate networks or information systems that shall be subject to such reporting process.
Subtitle D: Other Matters - (Sec. 941) Amends the David L. Boren National Security Education Act of 1991 to authorize the Secretary to establish and maintain within DOD a National Language Service Corps to provide a pool of personnel who agree to provide foreign language services to DOD or another federal department or agency. Directs the Secretary, if the Corps is established, to provide for a National Security Education Board to oversee and coordinate Corps activities. Authorizes the Secretary to impose fees for language services and technical assistance rendered by Corps personnel.
(Sec. 942) Directs the Secretary of the Air Force and the Air Force Chief of Staff to jointly report to the defense and appropriations committees on education and training and promotion rates for Air Force pilots of remotely piloted aircraft.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Authorizes the Secretary, if the amount authorized for NNSA weapons activities is less than the amount projected to be required for FY2013, to transfer up to $150 million of DOD-authorized funds to the Secretary of Energy for such purposes. Requires congressional notification of any such transfer.
(Sec. 1003) Amends the NDAA for Fiscal Year 2010 to require the statement of budgetary resources of DOD to be validated as ready for audit by no later than September 30, 2014. Directs the chief management officers of DOD and the military departments to ensure that plans to achieve such goal include appropriate steps to minimize one-time fixes and manual work-arounds, are sustainable and affordable, and will not delay full auditability of financial statements. Requires additional audit-related information in each semiannual report on the financial improvement and audit readiness plan required under such Act.
(Sec. 1004) Directs the Secretary to report to the defense committees on the impact on DOD of the sequestration of funds authorized and appropriated for FY2013, if automatically triggered on January 2, 2013, under the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 1005) Requires the Secretary to submit to Congress the total amount of all balances carried forward by DOD at the end of FY2012, as well as the total amount of any balances carried forward for five years or more as of the end of FY2012.
(Sec. 1006) Authorizes the Secretary to transfer from FY2012-FY2013 procurement or RDT&E funds an aggregate of $46 million, to be available for additional authorizations for: (1) Spectral Warrior hardware, (2) electro-optical and infrared sensors, and (3) digital radio frequency modulation countermeasures studies and simulations.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the NDAA for Fiscal Year: (1) 2004 to extend through FY2013 DOD authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities, and (2) 1998 to require biennial (rather than annual) certification of DOD support provided to certain foreign governments for counter-drug activities.
(Sec. 1013) Earmarks specified DOD drug interdiction and counter-drug activities funds to support a unified campaign by the government of Colombia against narcotics trafficking and terrorist organizations. Prohibits, as part of such support, the participation of any U.S. Armed Forces, civilian employees, or civilian contractor personnel except for self-defense or rescue purposes. Requires a report from the Secretary to the defense and appropriations committees for any year in which such support is provided.
(Sec. 1014) Directs the Secretary to submit quarterly to such committees a description of the expenditure of funds from the Drug Interdiction and Counter-Drug Activities, Defense account, including with respect to the direct or indirect support of counter-drug activities of foreign governments. Terminates the report requirement at the end of FY2016.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Directs the Chief of Naval Operations to submit to the defense and appropriations committees a description of the current Navy requirements for combatant vessels, including submarines. Requires additional information if the number of such vessels is less than 313.
(Sec. 1022) Requires such Chief and the Commandant of the Marine Corps to jointly submit to such committees an assessment of the Marine Corps Prepositioning Program-Norway and the capability of such Program to address any readiness gaps that will be created by termination of the Maritime Prepositioning Ship Squadron One in the Mediterranean. Prohibits funds from being used for a Maritime Prepositioning Ship squadron termination until such report is submitted.
(Sec. 1023) Expresses the sense of Congress that: (1) the sea services of the United States should be funded and maintained to provide the broad spectrum of capabilities required to protect U.S. national security; (2) such capabilities should include the ability to project U.S. power anywhere on the globe, protect supply lines, land and recover maritime forces, operate from the subsurface, and prevent piracy at sea; and (3) the Secretaries of Defense and Homeland Security should maintain Navy and Coast Guard recapitalization plans, respectively, as a priority.
(Sec. 1024) Prohibits the Secretary of the Navy from announcing or implementing any proposal to name a Navy vessel until 30 days after submitting to the defense committees a notification of, and justification for, such naming.
Subtitle D: Counterterrorism - (Sec. 1031) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 certain restrictions relating to detainees at U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo).
(Sec. 1032) Prohibits FY2013 DOD funds from being used to transfer or release to the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is, or was, held on or after January 20, 2009, at Guantanamo by DOD.
(Sec. 1033) Amends the federal criminal code to specify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a U.S. citizen or lawful permanent resident apprehended in the United States, unless an Act of Congress expressly authorizes such detention. Applies this section to any such authorizations or declarations enacted before, on, or after the enactment of this Act.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1041) Provides additional responsibilities of the JCS Chairman with respect to the preparation and submission of the National Military Strategy, including an annual assessment of the risks associated with the most recent Strategy or update thereto.
(Sec. 1042) Authorizes the commander of the appropriate special operations command and the commander of any other unified or specified combatant command to pay the expenses of minor military construction directly related to the training of special operations forces, including such forces combined with allied forces. Limits the amounts authorized for such expenses. Allows for the training of other security forces of a friendly foreign country. Requires prior approval of all such training by the Secretary.
(Sec. 1043) Extends through 2020 DOD authority to provide certain business guarantees to carriers participating in the Civil Reserve Air Fleet program. Terminates a provision that limits carrier participation to the provision of passenger travel (thus allowing air cargo services).
(Sec. 1044) Entitles each veteran, for the one-year period following discharge or separation from service, to participate in the DOD transition assistance program (providing counseling, employment and job training assistance, and related services and information).
(Sec. 1045) Amends the NDAA for Fiscal Year 2012 to authorize the Secretary, under the Ministry of Defense Advisor Program, to assign DOD civilian employees as advisors to regional organizations with defense or security components and to international organizations of which the United States is a member.
(Sec. 1046) Amends the Hunter Act to direct the Secretary to collaborate with the Administrators of the Federal Aviation Administration (FAA) and National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires annual reports from the Secretary to Congress, for five years after the enactment of this Act, on the progress of DOD research activity in such regard. Authorizes appropriations.
(Sec. 1047) Expresses the sense of the Senate that the chiefs of the military departments and the Commander of the U.S. Special Operations Command should submit to the defense and appropriations committees a list of any priority military programs or activities under their jurisdiction for which additional funds, if available, would substantially reduce operational or programmatic risk or accelerate the creation or fielding of a critical military capability.
(Sec. 1048) Increases from 125 to 250 the number of defense industry employees authorized to receive instruction: (1) under the Navy defense product development program, and (2) at the United States Air Force Institute of Technology.
(Sec. 1049) Provides that if a military working dog (dog) should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary concerned may transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the Secretary to: (1) establish and maintain a system to provide for the veterinary care of retired dogs; and (2) allow for the recognition of dogs that are killed, wounded, or missing in action or that perform an exceptionally meritorious or courageous act in service.
(Sec. 1050) Prohibits this Act's funds from being used to contract with or make a grant or loan to Rosoboronexport. Allows the Secretary to waive such prohibition in the national security interest with respect to the capacity of the Afghan National Security Forces.
(Sec. 1051) Expresses the sense of Congress that the Joint Warfighting Analysis Center should have adequate resources to meet the continuing requirements of the combatant commands.
(Sec. 1052) Directs the Secretary to establish, as part of the DOD Transition Assistance Program, a Transition Assistance Advisor (TAA) program to provide professionals in each state to serve as statewide contacts to assist members in accessing benefits and health care furnished by DOD and the VA. Requires a minimum number of TAAs in each state based on the number of Army and Air National Guard members in such state. Provides additional TAA duties, including the provision of a military-to-civilian transition plan for such members and their families. Provides funding. Requires a program implementation report from the Secretary to Congress.
Subtitle F: Reports - (Sec. 1061) Directs the Secretary to report to the defense and appropriations committees on the use of strategic airlift aircraft under the Civil Reserve Air Fleet program.
(Sec. 1062) Repeals a required: (1) biennial report on the Global Positioning System, and (2) annual report on threats posed by weapons of mass destruction and ballistic and cruise missiles.
(Sec. 1064) Expresses the sense of the Senate with respect to the recycling of end-use technologies that use rare earth elements and the use of fluorescent lighting materials as a recyclable source of heavy rare earth elements. Requires a report from the Secretary to the defense and appropriations committees on the results of a cost-benefit analysis of a DOD program to recapture and recycle fluorescent lighting waste.
(Sec. 1065) Directs the Secretary to submit to such committees an assessment of the feasibility and advisability of establishing a joint Armed Forces historical storage and preservation facility.
(Sec. 1066) Requires the Secretary of the Army to conduct a study on the impacts of a production break for the Bradley Fighting Vehicle.
(Sec. 1067) Directs: (1) the Secretary to review U.S. defense program elements and policies with regard to the Asia Pacific region to determine the resources, equipment, and transportation required to meet strategic and operational goals, and to report review results to the defense and appropriations committees; and (2) the JCS Chairman to prepare and submit to the Secretary an assessment of such review.
(Sec. 1068) Requires the Secretary of the Navy to report to the defense and appropriations committees on plans to implement efficiency initiatives to reduce overhead costs at the Space and Naval Warfare Systems Command.
(Sec. 1069) Requires the Director of the Office of Science and Technology Policy to conduct a study on the ability of DOD and NASA air and ground test and evaluation infrastructure facilities, as well as related private facilities, to support defense hypersonic test and evaluation activities for the short and long term. Directs the Secretary to submit to the defense and science committees such study's results, together with a plan for requirements and proposed investments to meet DOD needs in such areas through 2025.
(Sec. 1069A) Directs the Secretary to provide for an appropriate FFRDC to study the effectiveness of simulated tactical flight training in a sustained gravity environment. Requires: (1) the FFRDC to submit study results to the Secretary, and (2) the Secretary to submit such results to the defense and appropriations committees.
(Sec. 1069B) Requires the Secretary to report to the defense committees on findings of the ongoing DOD review of defense support of U.S. diplomatic security.
(Sec. 1069C) Directs the CG to submit to the defense and appropriations committees an assessment of DOD spending for conferences and conventions.
Subtitle G: Nuclear Matters - (Sec. 1071) Directs the President, beginning in FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in the NDAA for Fiscal Year 2010. Requires the President, in the case of a not-fully-funded determination, to require specified additional information in the next required report, including whether a loss of military capability will occur because of the insufficient funding.
(Sec. 1072) Directs the Nuclear Weapons Council to submit to Congress a definition of requirements for a combined warhead for the W-78 Minuteman III missile system and the W-88 Trident D-5 missile system.
(Sec. 1073) Requires the CBO Director to submit to the defense and appropriations committees cost estimates covering a 10-year period for U.S. nuclear weapons and their delivery systems.
(Sec. 1074) Directs the President to brief the Senate foreign relations and defense committees 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. Expresses the sense of the Senate that any agreement reached by such parties obligating the United States to reduce or limit its armaments in any significant manner may be made only pursuant to the President's treaty-making powers under the Constitution.
Subtitle H: Other Matters - (Sec. 1081) Redesignates the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 1082) Repeals statutory references to the United States Joint Forces Command (disestablished in August 2011).
(Sec. 1083) Expresses the sense of Congress: (1) that DOD should make every reasonable effort to increase the number of U.S. citizens who pursue advanced degrees in science, technology, engineering, and mathematics (STEM fields); and (2) strongly urging DOD to investigate innovative mechanisms to access the pool of talent of non-U.S. citizens with advanced scientific degrees from U.S. institutions of higher education, especially in those scientific and technical areas most vital to the national defense.
(Sec. 1084) Expresses the sense of the Senate that the United States: (1) should maintain a triad of strategic nuclear delivery systems, and (2) is committed to modernizing the component weapons and delivery systems of such triad.
(Sec. 1085) Directs the VA Secretary to submit to Congress a plan to reduce the current backlog of pending claims for VA benefits and to more efficiently process such claims.
(Sec. 1086) Expresses the sense of the Senate that: (1) DOD airfields, training airspace, and air training routes must be protected from encroachment; (2) placement of obstructions near such areas could potentially increase risk to military aircraft and personnel as well as impact training and readiness; and (3) DOD should develop comprehensive rules and regulations to address construction and use of land in close proximity to such areas to ensure compatibility with military aircraft operations.
(Sec. 1087) Extends through FY2013 VA authority for a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutional living.
(Sec. 1088) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated the National Song of Military Remembrance.
(Sec. 1089) Requires the DNI to submit to Congress an intelligence assessment of the Nigerian organization known as Boko Haram.
(Sec. 1090) Repeals the establishment of the federally chartered National Veterans Business Development Corporation.
(Sec. 1091) Withdraws from all entry, appropriation, and disposal under the public land, mining, and mineral and geothermal leasing laws the White Sands Missile Range/Fort Bliss (New Mexico and Texas) area, reserving it for military purposes. Transfers its administrative jurisdiction from the Secretary of the Army to the Secretary of the Interior.
(Sec. 1092) Amends the federal criminal code to impose a fine, up to a five-year prison term, or both for knowingly transporting a girl under the age of 18 from the United States and its territories in foreign commerce for purposes of female genital mutilation.
(Sec. 1093) Prohibits the President from transferring a veterans memorial object to a foreign country or entity controlled by a foreign government unless such transfer is: (1) specifically authorized by law; or (2) made after September 30, 2017. Repeals an obsolete provision under the NDAA for Fiscal Year 2000.
(Sec. 1094) Directs the Secretary to transfer excess DOD aircraft to the Secretaries of Agriculture and Homeland Security for use by the Forest Service and U.S. Coast Guard in carrying out their respective missions. Limits such transfer to 12 aircraft. Outlines transfer conditions. Terminates transfer authority at the end of 2013.
(Sec. 1095) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to allow the Secretary, during FY2013-FY2017, to sell excess DOD aircraft and parts to persons or entities contracting with the federal government for wildfire suppression purposes.
(Sec. 1096) Amends the federal criminal code to impose a fine, up to a 10-year prison term, or both for the transportation in interstate or foreign commerce of goods, wares, or merchandise consisting of or including a veterans' memorial, headstone, marker, or related object.
(Sec. 1097) Authorizes the VA Secretary to transport individuals to and from VA facilities in connection with vocational rehabilitation, counseling, examination, treatment, or care.
(Sec. 1098) Requires the Director of the American Folklife Center at the Library of Congress to carry out a national public awareness and participation campaign for such Center's Veterans' History Project.
(Sec. 1099) Makes technical amendments relating to the termination of the Armed Forces Institute of Pathology.
(Sec. 1099A) Requires the Secretary of Commerce, beginning with the 2020 census, to ensure that all members deployed abroad are fully and accurately counted in the tabulation of total population by states and properly attributed to the state in which their permanent duty station or homeport is located.
(Sec. 1099B) Directs the VA Secretary, as a condition of a grant or contract to a state for certain veterans' employment and training programs, to require the state to demonstrate the consideration of any military training received or experience gained by a veteran while serving on active duty when approving or denying a license or certification as a nursing assistant, certified nursing assistant, commercial driver, emergency medical technician EMT-B or EMT-1, or emergency medical technician-paramedic.
(Sec. 1099C) Amends the federal criminal code to include among those authorized to carry a concealed weapon for law enforcement purposes any individual authorized to apprehend a person under provisions of the Uniform Code of Military Justice (UCMJ).
(Sec. 1099D) Expresses the sense of Congress that DOD should partner with the United States Postal Service (USPS) to modernize the USPS mail delivery system to address problems with the delivery of absentee ballots and ensure the effective and efficient delivery of such ballots, including through the establishment of a centralized mail forwarding system to ensure that blank ballots are properly redirected.
(Sec. 1099E) Amends the Small Business Jobs Act of 2010 to add the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses.
Title XI: Civilian Personnel Matters - (Sec. 1101) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1102) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1103) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2014 the authority of federal departments and agencies to grant certain allowances, benefits, and gratuities to civilian employees on official duty in a combat zone.
(Sec. 1104) Sets at 47 the maximum age limit for an original appointment as a federal law enforcement officer, including with the Capitol Police or Supreme Court Police, in the case of an individual already eligible to receive retired or retainer pay for military service, or pension or compensation through the VA in lieu of such retired or retainer pay. Makes such individuals eligible for a federal annuity upon completion of 10 years of such service and attaining 57 years of age.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2006 to: (1) extend through FY2014 DOD authority to assist in building the capacity of allied foreign military forces, and (2) include in a required assistance notification information on assistance provided to any such country during the three preceding fiscal years.
(Sec. 1202) Amends the NDAA for Fiscal Year 2010 to extend through FY2017 the authority for non-reciprocal exchanges of defense personnel between the United States and allied foreign countries.
(Sec. 1203) Authorizes the Secretary to provide assistance for enhancing the capacity of specified military forces in Yemen, Djibouti, Ethiopia, Kenya, and Somalia to conduct counterterrorism operations against al Qaeda, its affiliates, and al Shabaab. Allows such assistance to include equipment, supplies, training, and minor military construction. Limits amounts to be provided for minor military construction. Provides funding. Requires 30 days' prior congressional notification of any such assistance. Terminates assistance authority at the earlier of September 30, 2014, or when the Global Security Contingency Fund achieves full operational capability.
(Sec. 1204) Prohibits the obligation or expenditure of more than 50% of FY2013 funds for the State Partnership Program until certain final regulations and regulatory adjustments are completed to ensure future compliance with the Antideficiency Act.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan. Reduces FY2013 funding from $400 million to $200 million.
(Sec. 1212) Amends the above Act to extend through FY2013, at a reduced rate, DOD funding for operations and activities of the Office of Security Cooperation in Iraq and associated security assistance teams.
(Sec. 1213) Amends the Skelton Act to extend through FY2013, at a reduced rate, DOD assistance for former insurgent reintegration activities in Afghanistan. Extends report requirements.
(Sec. 1214) Amends the above Act to extend through FY2013 a program to develop and carry out infrastructure programs in Afghanistan that support the counterinsurgency campaign. Reduces FY2013 funding to $350 million. Prohibits the obligation or expenditure of more than 50% of such amount until the Secretary submits a plan for fund allocation and use.
(Sec. 1215) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the Pakistan Counterinsurgency Fund for building the capabilities of Pakistan security forces. Extends a provision that limits the availability of amounts from the Fund to 40% until the Secretary reports to Congress on metrics for the use of such funds and for enhancing Pakistan's efforts to counter improvised explosive devices.
(Sec. 1216) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for logistical and military support provided in connection with Operation Enduring Freedom. Limits FY2013 funding. Prohibits any such reimbursements to Pakistan for claims covering any period when ground lines of supply through Pakistan to Afghanistan were closed to the transshipment of equipment and supplies in support of U.S. military operations. Requires a specified certification, from the Secretary to the defense and appropriations committees, concerning Pakistani cooperation with the United States prior to the obligation or expenditure of such funds for FY2013. Authorizes the Secretary to waive the certification requirement in the national security interest.
(Sec. 1217) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to provide logistical support for coalition forces supporting U.S. military operations. Repeals such authority for such fiscal year with respect to Iraq (leaving only Afghanistan).
(Sec. 1218) Directs the Secretary to develop a strategy to support the government of Afghanistan in its efforts to achieve a secure presidential election in 2014.
(Sec. 1219) Requires the Secretary to provide for the conduct of an independent assessment of the strength, force structure and posture, and capabilities required to enable the Afghan National Security Forces to provide security for their country and to prevent Afghanistan from ever again becoming a safe haven for terrorists. Requires a report on such assessment, from the entity selected to the Secretary and the defense and appropriations committees. Provides funding.
(Sec. 1220) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on the Afghanistan Peace and Reintegration Program.
(Sec. 1221) Expresses the sense of Congress that the President should seek to accomplish the stated goal of transitioning the lead responsibility for security to the government of Afghanistan by mid-summer 2013, and should undertake certain draw-down activities to achieve such goal.
(Sec. 1222) Expresses the sense of Congress, among other things, that: (1) the members of the U.S. Armed Forces, intelligence community, and diplomatic and development community are to be commended for their dedicated efforts and sacrifices in support of military and stability operations in Afghanistan; (2) the governments of the United States and Afghanistan are to be commended for concluding the Enduring Strategic Partnership Agreement; (3) it is essential that the government and people of Afghanistan fulfill Afghanistan's international commitments concerning citizen equal rights, fair elections, and democratic governance; and (4) the negotiation and conclusion of a U.S.-Afghanistan bilateral security agreement will provide a fundamental framework for a long-term security relationship between the two countries.
(Sec. 1223) Requires the President, at least 30 days before entering into a bilateral security agreement that will affect U.S.-Afghanistan status of forces or other agreements, to submit such agreement to the defense and foreign relations committees for review.
(Sec. 1224) Authorizes the Secretary to transfer nonexcess defense articles to the military and security forces of Afghanistan, Yemen, and Somalia to support efforts to maintain peace and security and conduct counterterrorism operations in such countries. Limits to $250 million the aggregate replacement value of such defense articles. Requires the Secretary to provide 15 days' advance notice to Congress with respect to any such transfer, and requires quarterly reports concerning such transfers through March 31, 2015.
Subtitle C: Reports - (Sec. 1231) Requires: (1) the Defense Policy Board to review DOD efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies; (2) the Secretary to report review results to the defense and appropriations committees; and (3) the Secretary to submit to such committees an assessment of and strategic guidance for DOD efforts to build such capacity and partnerships.
(Sec. 1232) Amends the NDAA for Fiscal Year 2000 to require, in an annual report on military and security developments in China, additional information concerning Chinese cyberwarfare, space and nuclear activities, anti-access and area denial capabilities, maritime activities, foreign military transactions, and military-to-military relationships. Requires such report to include an additional assessment from the Commander of the U.S. Pacific Command on challenges posed by China.
(Sec. 1233) Directs the Secretary of State to report to the foreign relations committees on the implementation by Bahrain of the recommendations contained in the Report of the Bahrain Independent Commission of Inquiry.
(Sec. 1234) Directs the DNI and the Secretary of State to report to Congress, within 90 days after the enactment of this Act, describing all known opposition groups, both independent and state-sponsored and inside and outside of Syria, operating to oppose the government of Syria. Requires: (1) such report to include an assessment of the size and security of Syrian conventional and non-conventional weapons stockpiles, and (2) the Secretary of State to report on all support provided to opposition political forces in Syria.
(Sec. 1235) Directs the Secretary to report to the defense and appropriations committees 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.
Subtitle D: Other Matters - (Sec. 1241) Authorizes the Secretary, as part of U.S. participation in the American, British, Canadian, and Australian Armies' Program, to enter into a joint participation agreement with Australia, Canada, New Zealand, and the United Kingdom. Outlines agreement requirements, including equitable sharing of Program costs. Authorizes the Secretary to contract for authorized Program activities, and to dispose of jointly-acquired property. Terminates any such agreement five years after the enactment of this Act. Requires a report from the Secretary to the defense committees on Program activities, costs, and accomplishments.
(Sec. 1242) Authorize the Secretary to utilize U.S. military personnel as members of the staff of Headquarters Eurocorps for the purpose of supporting activities of the NATO Rapid Deployable Corps Eurocorps. Prohibits the participation of more than two U.S. members until the Secretary certifies to the defense committees, among other things, that participation by more than two members is in the U.S. national interests. Provides funding, with a limitation, from DOD O&M funds.
(Sec. 1243) Allows the Secretary to authorize U.S. participation in the Air Transport, Air-to-Air Refueling and other Exchanges of Services program of the Movement Coordination Centre Europe. Limits such participation to the reciprocal exchange of air transportation and refueling services on a reimbursable basis or by in-kind replacements or equal-value exchanges. Limits to 500 hours the U.S. balance of executed flight hours under the program. Requires a written participation agreement between the Secretary and the Centre. Requires: (1) an annual report from the Secretary to Congress on U.S. participation in the program, and (2) a one-time program assessment report from the CG to the defense and appropriations committees. Terminates U.S. participation in the program five years after entering into a participation agreement.
(Sec. 1244) Authorizes the Secretary to establish a program to enable military commanders to provide assistance to foreign civilians for damage, personal injury, or death incident to combat operations of U.S. Armed Forces in a foreign country. Requires written records of any such assistance.
(Sec. 1245) Prohibits amounts from being expended by DOD for overseas capital projects for the direct benefit of a host country in connection with an overseas contingency operation occurring on or after 60 days from the enactment of this Act, unless the Secretary, the Secretary of State, or the Administrator of USAID, as the case may be, completes an assessment of the necessity and sustainability of the project. Provides exceptions for military construction or military family housing projects. Authorizes a waiver of such prohibition by the appropriate official for national security purposes, requiring a detailed justification. Requires semiannual reports on each assessment conducted.
(Sec. 1246) Expresses the sense of the Senate in support of efforts to apprehend or remove Joseph Kony and his top commanders and his Lord's Resistance Army from power in Central Africa.
(Sec. 1247) Directs the Secretary of the Treasury to block and prohibit all property and related transactions of any person providing significant financial, material, or technological support to the Congolese rebel group known as M23 if such property and interests are or come within U.S. possession or control. Allows the President to waive such application in the U.S. national interest, after reporting to the financial and foreign relations committees.
(Sec. 1248) Authorizes the Secretary to: (1) carry out a program to repair, overhaul, or refurbish in-stock defense articles in anticipation of their sale to eligible foreign countries or international organizations under law, and (2) establish and administer the Special Defense Repair Fund in support of such program. Requires: (1) Secretary of State concurrence with respect to sales or transfers to foreign countries; and (2) an annual report from the Secretary to the defense and appropriations committees on activities under such program, as well as a one-time program assessment report. Terminates program authority at the end of FY2015. Provides FY2013 program funding.
(Sec. 1249) Directs the Secretary to submit to the defense and foreign relations committees a DOD plan to promote the security of Afghan women during the security transition process. Requires such plan to include a plan to: (1) monitor and respond to changes in women's security conditions in areas undergoing transition, (2) increase gender awareness and responsiveness among Afghan National Army (ANA) and Afghan National Police (ANP) personnel, and (3) increase the number of female members of the ANA and ANP. Directs the Secretary to include in each report on progress toward security and stability in Afghanistan (as required under the NDAA for Fiscal Year 2008) a description of actions taken to implement the above plan.
(Sec. 1250) Expresses the sense of Congress (1) reaffirming its commitment to the security of Israel; (2) fully supporting Israel's right to defend itself against acts of terrorism; (3) sympathizing with the families of Israelis who have come under rocket fire from Hamas-controlled Gaza; (4) recognizing the exceptional success of the Iron Dome Missile Defense system in defending the population of Israel; (5) desiring to help ensure that Israel has the means to defend itself against terrorist attacks, including through the acquisition of additional Iron Dome batteries and interceptors; and (6) urging the Departments of Defense and State to explore with their Israeli counterparts and alert Congress of any needs the Israeli Defense Force may have for additional Iron Dome batteries, interceptors, or other equipment depleted during the current conflict.
(Sec. 1251) Expresses the sense of the Senate: (1) acknowledging the administrative jurisdiction of Japan over the Senkaku Islands in the East China Sea, and (2) supporting collaborative diplomatic efforts to resolve territorial disputes in such area.
(Sec. 1252) Expresses the sense of Congress that DOD should: (1) review all U.S.-India bilateral working groups dealing with high technology transfers, and determine the feasibility of establishing a single U.S. government working group dedicated to strategic technology trade; (2) engage with India on current challenges related to the compatibility of the Foreign Military Sales and direct commercial sales programs with the Indian Defense Procurement Procedure, as well as steps to improve their compatibility; (3) engage about the elements of an effective defense industrial base; (4) consider the establishment of orientation programs for new Indian defense officials about procedures for U.S. defense sales; and (5) continue and deepen ongoing efforts to assist India in developing its defense acquisition expertise.
Subtitle E: Iran Sanctions - Iran Freedom and Counter-Proliferation Act of 2012 - (Sec. 1263) States as the policy of the United States: (1) to deny the government of Iran the ability to continue to oppress its people through violence and execution against pro-democracy protestors and regime opponents; (2) to support Iranian efforts to promote the establishment of basic freedoms for the emergence of a freely elected, open, and democratic political system; (3) to help Iranians produce, access, and share information freely and safely via the Internet and other media; and (4) to defeat all Iranian government attempts to jam or otherwise obstruct international satellite broadcast signals.
(Sec. 1264) Directs the President to block and prohibit all U.S. transactions in property and property interests of any entity that: (1) is part of the energy, shipping, or shipbuilding sectors of Iran; (2) operates a port in Iran; or (3) knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, such an entity. Directs the President to impose five or more sanctions (as described under the Iran Sanctions Act of 1996) with respect to any person who knowingly sells, supplies, or transfers significant goods or services to or from Iran via the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines. Provides an exception with respect to the provision of humanitarian assistance to the people of Iran. Provides a limited applicability of such sanctions with respect to the purchase of petroleum or petroleum products from Iran. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1265) Directs the President to impose five of more sanctions against any person who knowingly sells, supplies, or transfers to or from Iran: (1) a precious metal; (2) certain raw or semi-finished metals used for integrating industrial processes; or (3) any other material used in connection with Iranian sectors controlled by Iran's Revolutionary Guard Corps, sold by an Iranian on a list of specially designated nationals and blocked persons, or relevant to Iranian nuclear, military, or ballistic missile programs. Prohibits the opening in the United States of an account by a foreign financial institution that conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of materials which would subject a person to such sanctions. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1266) Directs the President to impose five or more sanctions against any person who provides underwriting services, insurance, or reinsurance in support of activities or persons against which or whom sanctions have been imposed. Provides an exception with respect to the sale of agricultural commodities, food, medicine, or medical devices to Iran for the provision of humanitarian assistance. Allows the President to waive any such sanction when vital to U.S. national security, requiring congressional notification.
(Sec. 1267) Directs the President to prohibit the opening or maintaining in the United States of an account by a foreign financial institution that knowingly facilitated a significant financial transaction on behalf of an Iranian person included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. Provides the same humanitarian exception as above, and authorizes the same presidential waiver for national security reasons.
(Sec. 1268) Directs the President to include the Islamic Republic of Iran Broadcasting and its president, Ezzatollah Zargami, on the list of human rights abusers maintained under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.
(Sec. 1269) Directs the President to submit to Congress a list of persons determined to have engaged in corruption relating to the diversion of goods (agricultural commodities, food, medicine, and medical devices) intended for the people of Iran. Requires the President to impose sanctions against such individuals.
(Sec. 1270) Amends the NDAA for Fiscal Year 2012 to allow the President to temporarily waive sanctions against certain foreign financial institutions upon certifying that the country with primary jurisdiction over the financial institution normally subject to the sanctions faced exceptional circumstances that prevented it from significantly reducing its volume of crude oil purchases.
(Sec. 1271) Amends the federal criminal code to increase from 4 to 10 years the statute of limitations for civil actions regarding terrorist acts.
(Sec. 1272) Requires a report from the President to Congress on the use of certain Iranian seaports by foreign vessels and on the use of foreign airports by under-sanction Iranian air carriers.
(Sec. 1273) Provides for the implementation of this section, as well as penalties for violations.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) the Defense Health Program, (4) chemical agents and munitions destruction, (5) drug interdiction and counter-drug activities, and (6) the Defense Inspector General.
Subtitle B: National Defense Stockpile - (Sec. 1411) Amends the Strategic and Critical Materials Stock Piling Act to allow the release of materials from the strategic and critical materials stockpile on the order of the Under Secretary, if the President has empowered the Under Secretary to do so, as long as the Under Secretary determines that such release is required for use, manufacture, or production for the national defense.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to authorize the Secretary, in determining the technologies to supplement the neutralization destruction of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, to consider: (1) explosive destruction technologies; and (2) any technologies developed for treatment and disposal of hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
Subtitle D: Other Matters - (Sec. 1431) Authorizes appropriations for FY2013 for operation of the Armed Forces Retirement Home.
(Sec. 1432) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to authorize the Secretary to establish two additional Weapons of Mass Destruction Civil Support Teams if: (1) the Secretary has made a required certification with respect to such additional teams before December 31, 2011, and (2) such establishment does not require an increase in personnel levels above the amount authorized as of the date of enactment of this Act. Provides specific limitations on the establishment of more Teams after such addition. Requires a report from the Secretary to the defense and appropriations committees on all such Teams.
(Sec. 1433) States as the policy of the United States to promote the development of an adequate, reliable, and stable supply of critical and essential minerals in order to strengthen and sustain U.S. military readiness, national security, and critical infrastructure. Directs the President to coordinate actions of federal agencies to identify opportunities for, and facilitate the development of, resources to meet critical and essential mineral needs.
Title XV: Authorization of Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters -(Sec. 1531) Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Allows Fund amounts to be used to increase the capacity of the government of Afghanistan to recruit, vet, train, and manage the Afghan Public Protection Force. Directs the Secretary to submit to the defense and appropriations committees a plan for using DOD funds to provide assistance to the security forces of Afghanistan through such Fund through the end of FY2017.
(Sec. 1532) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2013. Earmarks specified FY2013 Fund amounts to provide training, equipment, supplies, and services to ministries and other entities of the government of Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. Requires, for the latter use of such funds, 15 days' prior notification of the defense and appropriations committees.
(Sec. 1533) Directs the Secretary to submit to such committees a plan for the transition of funding for the U.S. Special Operations Command from funds authorized for overseas contingency operations to funds authorized for DOD recurring operations.
(Sec. 1534) Amends the Skelton Act to extend the authority of, and authorization of appropriations for, the Task Force for Business and Stability Operations in Afghanistan.
(Sec. 1535) Directs the Secretary to submit to the defense and appropriations committees an assessment of: (1) the training-related activities of the Joint Improvised Explosive Device Defeat Organization, and (2) the activities of such Organization's Counter-Improvised-Explosive-Device Operations Integration Center.
(Sec. 1536) Requires the JCS Chairman, within 30 days after a decision by the President to change the levels of U.S. Armed Forces deployed in Afghanistan, to submit to the defense and appropriations committees an assessment of the risk of such change to the U.S. mission and interests in Afghanistan.
(Sec. 1537) Directs the Secretary to report to Congress on the attacks and associated threats by Afghanistan National Security Forces personnel and their impersonators and private security contractors against U.S., Afghan, and coalition military and civilian personnel (insider attacks) in Afghanistan, as well as the effects of such attacks on the overall transition strategy in Afghanistan.
Title XVI: Military Compensation and Retirement Modernization Commission - Military Compensation and Retirement Modernization Commission Act of 2012 - (Sec. 1604) Establishes as an independent entity in the executive branch the Military Compensation and Retirement Modernization Commission to: (1) review the military compensation and retirement systems in light of their current elements, force management objectives, and changes in life expectancy and the labor force; and (2) develop recommendations for modernizing such systems. Directs: (1) the President to establish and transmit to the Commission and Congress principles for modernizing such systems; (2) the Secretary to transmit to the Commission recommendations for such modernization; (3) the Commission to conduct public hearings on such recommendations; and (4) the Commission to report its findings and conclusions to the President.
(Sec. 1607) Directs the President, within 60 days after receiving the Commission's report, to transmit to the Commission and Congress a report containing the approval or disapproval of Commission recommendations. Allows for revised recommendations by the Commission in the case of presidential disapproval. Outlines congressional procedures for the consideration of approved recommendations.
(Sec. 1609) Provides for a Commission Executive Director. Terminates the Commission 26 months after its establishment. Provides Commission funding.
Title XVII: National Commission on the Structure of the Air Force - National Commission on the Structure of the Air Force Act of 2012 - (Sec. 1702) Establishes the National Commission on the Structure of the Air Force to study the current structure of the Air Force to determine whether and how it should be modified to best fulfill current and anticipated Air Force mission requirements consistent with available resources. Requires the Commission to report its findings and conclusions to the President and the defense and appropriations committees. Terminates the Commission 90 days after such report. Provides funding.
(Sec. 1708) Prohibits the use of FY2013 Air Force funds to divest, retire, or transfer any aircraft assigned to units of the Air National Guard or Air Force Reserve as of May 31, 2012, with an exception for aircraft replaced with aircraft of similar mobility.
(Sec. 1709) Authorizes appropriations to DOD for FY2013 for Air Force force structure.
(Sec. 1710) Directs the Secretary of the Air Force to retain the leadership rank and core functions of the Electronic Systems Center at Hanscom Air Force Base (Massachusetts) as existed as of November 1, 2011, until 180 days after the Commission's report.
(Sec. 1711) Directs the Secretary of the Air Force to: (1) assess the effects of proposed movements of Air Force airframes on Green Flag East and Green Flag West joint readiness training; and (2) if appropriate, submit to the defense and appropriations committees a proposal to make future replacements of capabilities in order to augment training at the joint readiness training center or for other purposes as the Secretary considers appropriate.
Title XVIII: Federal Assistance to Fire Departments - Subtitle A: Fire Grants Reauthorization - Fire Grants Reauthorization Act of 2012 - (Sec. 1803) Amends the Federal Fire Prevention and Control Act of 1974 to modify the scope of the Assistance to Firefighters Grants (AFG) program, including by permitting the use of grant funds for non-fire service emergency medical services organizations and for state fire training academies. Provides maximum grant amounts, ranging from $1 million for a recipient serving a population of 100,000 people or fewer to up to $9 million for a recipient serving a population of more than 2.5 million. Revises authorized grant purposes. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to award fire prevention and safety grants to fire departments and other appropriate organizations, with a maximum grant amount of $1.5 million per fiscal year. Prohibits providing program funds to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. Outlines grant application requirements, including joint or regional applications. Directs the Administrator to appoint fire service personnel to conduct peer reviews of applications. Provides for the prioritization and allocation of grant awards. Requires the Administrator, in considering applications, to consider: (1) the extent to which the grant would enhance the daily operations of the applicant and the grant's impact on the protection of lives and property; and (2) a broad range of factors important to the applicant's ability to respond to fires and related hazards. Allows for the awarding of grants: (1) to non-fire emergency medical services organizations, and (2) for fire safety research centers. Directs the Administrator to convene a workshop of fire safety and service organizations and other appropriate entities to identify and prioritize fire safety research needs. Outlines grant matching funds requirements. Allows the Administrator to waive certain grant requirements in cases of demonstrated economic hardship. Requires the Administrator to annually convene a meeting of qualified members of national fire service and related organizations to obtain recommendations regarding criteria for awarding grants and making administrative changes to the AFG program. Makes the Alaska Village Initiatives an eligible grant applicant. Requires annual AFG program reports from the Administrator to specified congressional committees.
(Sec. 1804) Reduces from four to three years the length of authorized FEMA grants to fire departments to hire additional firefighters. Prohibits the amount provided to a fire department for hiring a firefighter from exceeding 75% of the cost of a first-year firefighter in the first and second year of the grant, and 35% in the third year. Allows for the waiver of such requirements in cases of demonstrated economic hardship. Authorizes appropriations for FY2013-FY2017. Terminates grant authority five years after the enactment of this title.
(Sec. 1805) Expresses the sense of Congress that: (1) grants and assistance awarded under the Federal Fire Prevention and Control Act of 1974 have proven 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 award of such grants and assistance will ensure the serving of grant and assistance purposes.
(Sec. 1806) Requires a report from the CG to specified congressional committees on the effect of amendments made under this title.
(Sec. 1807) Directs the Administrator of the United States Fire Administration (USFA) to: (1) study the level of compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness among U.S. fire services; and (2) report study results to Congress.
Directs the Secretary of Homeland Security (DHS) to establish the Task Force to Enhance Firefighter Safety, with specified duties and responsibilities. Requires the Task Force to report to such Secretary and Congress on its findings and activities.
Requires the USFA Administrator to study and report to Congress on the equipment, staffing, and training needed for fire services on a national, state, regional, and local level.
Authorizes appropriations.
Subtitle B: Reauthorization of United States Fire Administration - United States Fire Administration Reauthorization Act of 2012 - (Sec. 1812) Amends the Federal Fire Prevention and Control Act of 1974 to: (1) revise references to the USFA to provide for its establishment within FEMA (rather than within the Department of Commerce) and to change references to the head of FEMA as the Administrator (rather than the Director), (2) authorize the USFA Administrator to appoint a Deputy Administrator (current law requires the Deputy Administrator to be appointed by the President), (3) authorize the USFA Administrator to take such steps as the Administrator considers appropriate to educate the public and overcome public indifference as to individual preparedness (as well as to fire and fire prevention), and (4) authorize appropriations to carry out such Act through FY2017.
Title XIX: Memorial to Slaves and Free Black Persons Who Served in the American Revolution - (Sec. 1903) Authorizes the National Mall Liberty Fund D.C. (previously the Black Revolutionary War Patriots Foundation) to establish a memorial on specified federal land in the District of Columbia to honor the more than 5,000 slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution. Prohibits the National Mall Liberty Fund D.C. from using federal funds to establish such memorial. Repeals certain prior year congressional resolutions relating to the establishment and approval of the location of a black revolutionary war patriots memorial.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2107) Authorizes the Secretary of the Army to carry out a project to construct a cadet barracks at the U.S. Military Academy, New York. Requires congressional notification of such project.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
(Sec. 2208) Places specific limitations on the obligation or expenditure of funds to implement the realignment of Marine Corps forces from Okinawa to other locations, including specified actions by the Secretaries of Defense and the Navy, as well as the Commander of the U.S. Pacific Command. Provides that, if the Secretary determines that any grant, cooperative agreement, transfer of funds, or supplement of funds available in FY2012-FY2013 will result in the development of public infrastructure on Guam, the Secretary may not carry out such grant, agreement, transfer, or supplement unless specifically authorized by law. Provides an exception for analysis or studies required under the National Environmental Policy Act of 1969.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
(Sec. 2406) Authorizes the Secretary to carry out a project to construct an upgrade fuel pipeline at Andersen Air Force Base, Guam. Requires congressional notification of such project.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Extends or modifies certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
(Sec. 2704) Directs the CG to submit to the defense and appropriations committees objective criteria to be used by DOD to make decisions relating to realignments of units and closures of installations not covered by current base closure and realignment provisions. Places a one-year moratorium, until October 1, 2013, on any action that would result in a military installation which was covered by such provisions to no longer be covered, with an authorized national security waiver.
(Sec. 2705) Increases from 21 to 90 days following congressional notification that the Secretary or Secretary concerned must wait before undertaking a permanent reduction of 1,000 or more members assigned to a military installation.
(Sec. 2706) Directs the Secretary to report to the defense and appropriations committees on the reorganization of the Air Force Materiel Command organizations.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any reduction in scope of work for a military construction project from resulting in a facility or item of infrastructure that is not complete and usable or does not fully meet the mission requirement for the project. Directs the Secretary concerned to ensure project contract compliance with the Anti-Deficiency Act.
(Sec. 2802) Directs the CG to report to the defense and appropriations committees on the construction or renovation of DOD facilities with in-kind payments. Requires annual report updates for three years.
(Sec. 2803) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2013 DOD authority to use O&M funds for construction projects outside the United States which are necessary to meet urgent military operational requirements of a temporary nature.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary concerned to accept as consideration for leases of non-excess property of military departments and defense agencies real property interests and natural resource management services related to agreements to limit encroachments to non-excess property area.
(Sec. 2812) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
Subtitle C: Energy Security - (Sec. 2821) Directs the Secretary to: (1) issue guidance for financing renewable energy projects, (2) issue guidance establishing the processes used to select financing approaches that ensures maximum benefits and mitigates drawbacks and risks associated with various types of financing, and (3) develop a formalized communications process to enable officials at military installations to have access to other installations' information related to financing such projects.
(Sec. 2822) Amends the MCAA for Fiscal Year 2012 to continue during FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
Subtitle D: Land Conveyances - (Sec. 2831) Authorizes the Secretary of the Army to convey to the VA a specified portion of the Browning Army Reserve Center, Utah, for the construction and operation of a community-based outpatient clinic.
(Sec. 2832) Amends the NDAA for Fiscal Year 2000 to allow additional purposes for the use of proceeds from a land conveyance at Tyndall Air Force Base, Florida.
Subtitle E: Other Matters - (Sec. 2841) Provides that, if the Secretary determines that any grant, cooperative agreement, or supplement of funds available under federal programs administered by federal agencies other than DOD will result in the development of public infrastructure, such grant, agreement, or supplement shall be specifically authorized by law.
(Sec. 2842) Includes additional properties within the boundaries of Petersburg National Battlefield (Virginia). Authorizes the Secretary of the Interior to acquire such properties for such purpose. Provides for the administrative transfer of certain properties adjacent to such area.
(Sec. 2843) Requires the Secretary, within 30 days after the closure of a U.S. military installation overseas, to submit to the defense committees a plan to ensure the oversight and continued maintenance of any cemetery located on such installation.
(Sec. 2844) Amends the MCAA for Fiscal Year 2012 to provide an additional exception from the general prohibition on the use of DOD funds for a data server farm or data center when the DOD Chief Information Officer exempts RDT&E programs that use authorization or appropriations for the High Performance Computing Modernization Program.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2013 for: (1) activities of the NNSA in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the Atomic Energy Defense Act to direct the Secretary of Energy (Secretary, for purposes of this Division) to construct at Los Alamos National Laboratory, New Mexico, a building to replace the existing Chemistry and Metallurgy Research building associated with DOE Hazard Category 2 special nuclear material operations. Limits the cost of such replacement building, and requires construction to begin no later than December 31, 2024. Provides funding.
(Sec. 3112) Directs the Secretary to report quarterly to the defense and appropriations committees on each nuclear weapon system undergoing life extension. Requires independent cost estimates for each system.
(Sec. 3113) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
(Sec. 3114) Directs the Secretary to carry out a program on scientific engagement in selected countries in order to advance global nonproliferation and nuclear security efforts. Prohibits any funds from being so expended until the NNSA Administrator submits to Congress, for each participating country: (1) a proliferation threat assessment, (2) metrics for evaluating program success, and (3) program accounting standards approved by the CG. Requires the Administrator to report any program modifications. Directs: (1) the Administrator to report on the program's coordination with other U.S. nonproliferation programs, and (2) the CG to report on the program's success.
(Sec. 3115) Repeals the requirement of an annual update of the DOE defense nuclear facilities workforce restructuring plan.
(Sec. 3116) Directs the Secretary to report quarterly to the defense and appropriations committees 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.
(Sec. 3117) Directs the Administrator to make available to the public each contractor performance evaluation conducted by the NNSA that results in an award fee to such contractor.
(Sec. 3118) Amends the National Nuclear Security Administration Act to increase from 300 to 700 the number of contracting (new), scientific, engineering, and technical positions authorized to be filled by the NNSA.
(Sec. 3119) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to authorize the Secretary to accept, under any programs within the NNSA's Office of Defense Nuclear Nonproliferation, contributions from other governments and organizations toward the accelerated removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites. Extends through 2018 the authority for such contributions.
(Sec. 3120) Provides a three-phase approach for the uranium processing facility construction project at the Y-12 National Security Complex, Oak Ridge, Tennessee. Provides budgeting for each phase, dependent on the availability of appropriations. Limits to $4.2 billion the total cost of phase 1.
(Sec. 3121) Authorizes the Nuclear Regulatory Commission (NRC), in conjunction with the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
Subtitle C: Reports - (Sec. 3131) Requires the Secretary to report to Congress on actions required to transition the regulation of non-nuclear activities of the NNSA to other appropriate federal agencies by no later than October 1, 2017.
(Sec. 3132) Directs the Nuclear Weapons Council to submit to the defense and appropriations committees an assessment of the feasibility of consolidating NNSA facilities and functions in order to reduce costs. Prohibits the availability of funds for certain DOE facility projects until the submission of such report.
(Sec. 3133) Expresses the sense of Congress that U.S. and global nonproliferation efforts should place a high priority on programs to secure high-activity radiological sources to reduce the threat of radiological terrorism. Requires the Administrator to submit to the defense, homeland security, and foreign relations committees the results of a study concerning risks and security of radiological materials at home and abroad.
(Sec. 3134) Directs the Secretary to undertake a review of, and report to Congress on, abandoned uranium mines at which uranium ore was mined for U.S. weapons programs (commonly known as legacy uranium mines). Requires such report to include recommendations addressing the remediation and reclamation of such mines.
(Sec. 3135) Amends the NDAA for Fiscal Year 2010 to remove the requirement that the CG provide 120-day status reports of environmental clean-up projects carried out by DOE's Office of Environmental Management pursuant to the American Recovery and Reinvestment Act of 2009.
Subtitle D: Other Matters - (Sec. 3141) Expresses the sense of Congress that: (1) there is a need for strong, independent oversight of the U.S. nuclear security enterprise (enterprise); (2) any attempt that transfers such oversight from DOE to the NNSA, reduces protections for worker health and safety at NNSA facilities to levels below the standards of DOE, or transfers construction appropriations for the enterprise from the DOE appropriation account to the military construction appropriation account should be carefully evaluated; (3) the DOE's Office of Health, Safety, and Security, and the role of that Office in overseeing safety and security at the NNSA, should not be diminished but instead routinely evaluated; (4) any future modifications to the management or structure of the enterprise should maintain or increase oversight of critical construction, security, and acquisition capabilities; (5) oversight of NNSA programs by DOD should increase to ensure current and future warfighting requirements are met; and (6) the Nuclear Weapons Council should provide proper oversight in the execution of its responsibilities.
Subtitle E: American Medical Isotopes Production - American Medical Isotopes Production Act of 2012 - (Sec. 3153) Directs the Secretary of Energy (Secretary, for purposes of this subtitle) to carry out a technology-neutral program to evaluate and support projects for the production of significant quantities of molybdenum-99 for medical uses, to be carried out in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005. Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations that do use them. Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses. Requires such contracts to provide for the producers 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. Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created in medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium for which the producer does not have access to a disposal path. Requires the producer of the spent nuclear fuel and radioactive waste to characterize, package, and transport such fuel and waste before its acceptance by DOE. Prohibits the Secretary from exchanging uranium for specified services. Deems 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, to be low-level radioactive waste if it is acceptable under federal disposal requirements.
(Sec. 3154) Amends the Atomic Energy Act of 1954 to: (1) prohibit the NRC from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this section; and (2) authorize an extension for up to another six years if the Secretary makes specified certifications to the energy committees. Permits suspension of the export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving such suspension.
(Sec. 3155) Requires the NRC Chairman to report to Congress on the current disposition of previous U.S. exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.
(Sec. 3156) Authorizes the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.
(Sec. 3157) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.
(Sec. 3158) Requires the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.
(Sec. 3159) Repeals the Nuclear Safety Research, Development, and Demonstration Act of 1980.
Subtitle F: Other Matters - (Sec. 3161) Establishes a congressional advisory panel to assess the feasibility and advisability of revising the governance structure of the NNSA to permit it to operate more effectively. Requires a panel report to the President, the Secretaries of Defense and Energy, and the defense committees. Provides funding. Terminates the panel one year after the appointment of each of its 12 members.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board.
Title XXXV [sic]: Maritime Administration - Maritime Administration Authorization Act for Fiscal Year 2013 - (Sec. 3502) Requires the Administrator of the Maritime Administration (MA) to assess, and report to the transportation committees on, the potential for using container-on-barge transportation in short sea transportation.
(Sec. 3503) Revises short sea transportation program purposes. Authorizes (under current law, requires) the Secretary of Transportation (DOT) to develop strategies to encourage the use of short sea transportation for the transportation of passengers and cargo.
(Sec. 3504) Authorizes the DOT Secretary to 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 MA vessels or private vessels under U.S. registry, and through partnerships and cooperative efforts with academic, public, private, and non-governmental entities and facilities.
(Sec. 3505) Requires the MA Administrator to identify and publicize actions that could be taken to enable qualified U.S. flag capacity to meet national defense requirements. Requires the agency head responsible for the administration of U.S. navigation or vessel-inspection laws to notify the transportation committees of any request for or issuance of a waiver of any such laws.
(Sec. 3506) Directs the CG to study and report to such committees on the training needs of the maritime workforce.
(Sec. 3507) Requires the CG of the Government Accountability Office (GAO) to assess the source selection procedures and practices used to award the MA's National Defense Reserve Fleet vessel recycling contracts.
(Sec. 3508) Requires the MA Administrator to complete, within 270 days after the enactment of this title, the design for a containerized, articulated barge able to utilize roll-on/roll-off or load-on/load-off technology in marine highway maritime commerce.
(Sec. 3509) Makes training institutions that are an instrumentality of a U.S. state, territory, or the District of Columbia eligible to receive surplus DOT vessels and related equipment for instructional purposes.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including for overseas contingency operations; (6) military construction; and (7) DOE national security programs.
Division E: Housing Assistance for Veterans - Title L: Housing Assistance for Veterans - Housing Assistance for Veterans Act of 2012 or HAVEN Act - (Sec. 5003) Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited cost, or no cost, to such veterans). Limits grant amounts to $1 million per organization per fiscal year. Requires such Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires an annual and final program report from such Secretary to Congress. Authorizes appropriations for FY2013-FY2017.
Division F: Stolen Valor Act - Title LI: Stolen Valor Act - Stolen Valor Act of 2012 - (Sec. 5013) Stolen Valor Act of 2012 - Amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than six months, or both an individual who, with intent of securing a tangible benefit or personal gain, fraudulently represents himself or herself to have served in the Armed Forces or to have been awarded a military decoration, medal, or ribbon authorized by law.
Division G: Miscellaneous - Title LII: Miscellaneous - (Sec. 5021) Dale Long Public Safety Officers' Benefits Improvements Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise provisions concerning public safety officer death or disability benefits, including by: (1) modifying the list of recipients of death benefits payable when a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty to include as an eligible individual, if there is no other individual meeting existing eligibility requirements, the surviving individual (or individuals, in equal shares) who would qualify as an eligible "child" but for age; (2) revising the criteria for death resulting from a heart attack, stroke, or vascular rupture suffered by a public safety officer while on duty; and (3) including within the definitions of "member of a rescue squad or ambulance crew" and "public safety officer" an employee or volunteer member of a rescue squad or ambulance crew that is a public agency or a nonprofit entity that is officially authorized or licensed to engage in rescue activity or to provide emergency medical services and that engages in such activities or provides such services as part of an official emergency response system.
Makes funds available for appeals from final determinations (currently, decisions) of the Bureau of Justice Assistance. Provides that no appeal shall bring a final determination of the Bureau before any court for review unless notice of appeal is filed within 90 days after the date on which the Bureau serves notice of the final determination. Defines a "hearing examiner" under such Act to include any medical or claims examiner.
Makes this section applicable to injuries sustained by a member of a rescue squad or ambulance crew on or after June 1, 2009. Makes provisions regarding the presumption of a personal injury sustained in the line of duty for public safety officers applicable to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003.
(Sec. 5022) Amends the Public Health Service Act to require the Director of the National Cancer Institute to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Requires a report from the Director on each such newly-identified cancer. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancers.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific research framework. Requires the Director to consider each relevant scientific framework developed under this section when making recommendations for exception funding for grant applications. Requires information on such research to be included in currently-required biennial reports from the Director.
(Sec. 5023) Amends the United States Information and Educational Exchange Act of 1948 to: (1) require the United States Advisory Commission on Public Diplomacy to appraise U.S. government activities intended to understand, inform, and influence foreign publics; (2) report at least annually to Congress, the President, and the Secretary of State on U.S. public diplomacy and international broadcasting activities; (3) assess the public diplomacy target impact, achieved impact, and cost of public diplomacy and international broadcasting activities; and (4) submit related semiannual reports as necessary. Provides Advisory Commission funding.
(Sec. 5024) Amends the federal judicial code to deem a law enforcement officer who is the defendant in a criminal prosecution to have been acting under the color of his office (solely for purposes of determining the propriety of removal of the case to U.S. district court) if the officer: (1) protected an individual in the officer's presence from a crime of violence; (2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual whom the officer reasonably believed to have committed, or was about to commit, in the officer's presence, a crime of violence that resulted in, or that was likely to result in, death or serious bodily injury.
Title LIII: GAO Mandates Revision Act - Subtitle A: GAO Mandates Revision Act - GAO Mandates Revision Act of 2012 - (Sec. 5302) Amends the Arizona-Idaho Conservation Act of 1988 to require audits of the transactions of the U.S. Capitol Preservation Commission at least once every three years, rather than annually, unless the Chairman or Ranking Member of the House Committee on House Administration or the Senate Committee on Rules and Administration requests that an audit be conducted at an earlier date.
Amends the federal judicial code to repeal the requirement that the GAO CG review contributions to the Judicial Survivors' Annuities Fund at the end of each three-fiscal year period.
Changes reporting and audit requirements of the Office of National Drug Control Policy (ONDCP) to require: (1) reports on the strategy of ONDCP's national media campaign on February 1, 2013, and every three years thereafter, rather than annually, and (2) audits of the programs and operations of ONDCP not later than December 31, 2013, and every three years thereafter, rather than annually.
Amends the Veterans' Benefits Act of 2010 to modify the annual GAO reporting requirement for the demonstration project for the referral of claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 to the Office of Special Counsel to require only one annual report after the commencement of the demonstration project.
Amends the Semipostal Authorization Act to repeal the requirement that GAO issue an interim report four years after a semipostal stamp is first made available to the public and a final report not later than six months before the semipostal stamp's scheduled expiration date.
Amends the Caribbean Basin Economic Recovery Act to eliminate the annual GAO review requirement for the Earned Import Allowance Program for imports of textiles.
Eliminates requirements that the American Battle Monuments Commission prepare an annual financial statement and obtain an annual audit of its financial statement by GAO.
Requires audits of the Senate Preservation Fund at least once every three years, rather than annually, unless the Chairman or the Ranking Member of the Senate Committee on Rules and Administration or the Secretary of the Senate requests that an audit be conducted at an earlier date.
Subtitle B: Improper Payments Elimination and Recovery Improvement Act - Improper Payments Elimination and Recovery Improvement Act of 2012 - (Sec. 5313) Amends the Improper Payments Information Act of 2002 to require the OMB Director to: (1) identify, on an annual basis, a list of high-priority federal programs for greater levels of oversight and review of improper payments; (2) coordinate with executive agencies responsible for administering high-priority programs to establish annual and semi-annual or quarterly targets and actions for reducing improper payments; and (3) provide guidance to agencies for improving estimates of improper payments.
Requires such agencies to report to their inspectors general on an annual basis on any high-priority programs in which the highest dollar value or rate of improper payments occurs or for which there is a higher risk of improper payments. Requires OMB to make agency reports available on a central website.
(Sec. 5315) Requires each agency to review prepayment and pre-award procedures and available databases to determine program or award eligibility and prevent improper payments before releasing any federal funds.
Establishes a Do Not Pay Initiative (Initiative) based on information from databases maintained by the federal government, including: (1) the Death Master File of the Social Security Administration (SSA), (2) the Excluded Parties List System of the GSA, (3) the Debt Check Database of the Department of the Treasury, (4) the Credit Alert System or Credit Alert Interactive Voice Response System of HUD, (5) the List of Excluded Individuals/Entities of the Office of Inspector General of the Department of Health and Human Services (HHS), and (6) any other database designated by the OMB Director that substantially assists in preventing improper payments.
Requires the Director to: (1) provide to Congress a plan for the inclusion of other databases in the Initiative, for agency access to the Initiative, and for multilateral data use agreements for carrying out the Initiative; (2) establish a working system for prepayment and pre-award review that includes the Initiative; (3) establish (and report to Congress on) a plan for improving the quality, accuracy, and timeliness of death data maintained by SSA; and (4) submit annual reports to Congress on whether the Initiative has reduced improper payments or awards. Requires each agency to review all payments and awards for all of its programs through the working system not later than June 1, 2013.
Authorizes each agency head and inspector general to enter into computer matching agreements that allow ongoing data matching for detecting and preventing improper payments. Requires OMB to issue guidance: (1) for such agreements, including standards for reimbursement of costs, retention and timely destruction of records, and prohibitions on the duplication and redisclosure of records; and (2) for Data Integrity Boards established under the Privacy Act of 1974 to improve their effectiveness and responsiveness and ensure privacy protections.
Directs the Attorney General to submit recommendations for increasing the use of, access to, and the technical feasibility of using data on the federal, state, and local conviction and incarceration status of individuals to identify and prevent fraud and improper payments by federal agencies and programs.
(Sec. 5316) Requires the Director to determine the current and historical rates and amounts of recovery of improper payments and targets for recovering improper payments.
Subtitle C: Sense of Congress Regarding Spectrum - (Sec. 5317) Expresses the sense of Congress that: (1) the nation's mobile communications industry is a significant economic engine; (2) there is a pressing need for additional spectrum for mobile broadband services; (3) consideration should be given to the supply of spectrum for both licensed networks and unlicensed devices; (4) a long-term supply solution must include reallocation and sharing of federal government spectrum for private-sector use; (5) existing law ensures that federal operations are not harmed as a result of the reallocation of federal spectrum for commercial use; and (6) all interested parties should be encouraged to continue collaborative efforts between industry and government stakeholders to assess and recommend practical frameworks for the development of relocation, transition, and sharing arrangements and plans for 110 megahertz of federal spectrum in the 1695-1710 and 1755-1850 bands.
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters.
(Sec. 112) Directs the Secretary of the Army, for six years beginning in 2012, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements.
Subtitle C: Navy Programs - (Sec. 121) Prohibits the Secretary of the Navy, beginning October 1, 2012, from retiring or decommissioning a nuclear-powered ballistic missile submarine if such retirement or decommissioning would result in less than 12 submarines in the active or commissioned fleet. Provides an exception with respect to any such submarine that has been converted to carry exclusively non-nuclear payloads as of such date.
(Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers.
(Sec. 123) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to allow the Secretary of the Navy to add a fifth production year to the multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G aircraft.
(Sec. 124) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 125) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke-class guided missile destroyers and associated systems.
(Sec. 126) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of up to 10 Virginia-class submarines and government-furnished associated equipment.
(Sec. 127) Earmarks specified FY2013 Navy shipbuilding and conversion funds for the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln.
(Sec. 128) Directs the Secretary of the Navy to report to the defense and appropriations committees on the designs of the Littoral Combat Ship (LCS).
(Sec. 129) Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program.
(Sec. 130) Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.
(Sec. 131) Expresses the sense of Congress that: (1) the Navy should consider prioritization of investment in, and procurement of, the next generation of amphibious assault ships; (2) such ships should maintain survivability protection level II in accordance with current Navy ship requirements; (3) commonality in hull form design could be a desirable element to reduce acquisition and life cycle cost; and (4) maintaining a robust amphibious shipbuilding industrial base is vital for future national security.
Subtitle D: Air Force Programs - (Sec. 141) Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded.
(Sec. 142) Amends the NDAA for Fiscal Year 2010 to reduce from 316 to 301 the required number of strategic airlift aircraft. Requires a report from the Commander of the U.S. Transportation Command to the defense and appropriations committees assessing the operational risk of meeting the steady-state and warfighting requirements of the combatant commands while maintaining an inventory of less than 301 strategic airlift aircraft.
(Sec. 143) Prohibits, after FY2013, any funds from this Act or otherwise available for the Air Force from being used to divest, retire, or transfer a C-27J aircraft until 180 days after: (1) the Director of the Congressional Budget Office (CBO) submits to the defense and appropriations committees a 40-year life-cycle cost analysis of such aircraft as well as the C-130H and J aircraft, and (2) related reports required under the NDAA for Fiscal Year 2012 are submitted to such committees.
(Sec. 144) Prohibits FY2013 Air Force funds from being used to terminate the C-130 avionics modernization program until 180 days after the Secretary of the Air Force has submitted to the defense and appropriations committees a C-130 upgrading and modernizing cost-benefit analysis.
(Sec. 145) Directs the: (1) Secretary of the Air Force to review the C-130 force structure, and report results to the defense and appropriations committees; and (2) CG to review such report, and report results to such committees.
(Sec. 146) Expresses the sense of Congress that the Air Force plan to commit to an annual production rate of launch vehicle booster cores should maintain mission assurance, stabilize the industrial base, reduce costs, and provide opportunities for competition. Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees.
(Sec. 147) Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense and appropriations committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Directs the Secretary of the Air Force, by the end of 2012, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees.
(Sec. 152) Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force.
(Sec. 153) Amends the NDAA for Fiscal Year 2006 to direct the Secretary of Defense (Secretary) to ensure that a solicitation for a common data link for manned and unmanned intelligence, surveillance, and reconnaissance systems: (1) complies with the most recently issued DOD common data link specification standard, and (2) does not include any proprietary or undocumented interface or waveform as a requirement or criterion for evaluation.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability.
(Sec. 212) Requires the Secretary of the Navy to: (1) conduct additional technology development risk reduction activities using the unmanned combat air system, and (2) preserve a competitive acquisition environment for the Unmanned Carrier-launched Surveillance and Strike system program.
(Sec. 213) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits: (1) the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the critical design review milestone, and (2) such program from achieving such milestone until on or after October 1, 2016.
(Sec. 214) Prohibits any FY2013 Air Force RDT&E funds from being obligated or expended to initiate a new start acquisition program to provide the Air Force with a manned ground or dismount moving target indicator capability until 90 days after the Secretary of the Air Force reports to the defense and appropriations committees on the plan for such capabilities. Authorizes such Secretary to waive the funding prohibition after notifying such committees that the waiver is required to meet an urgent operational need or other emergency requirement directly related to combat operations.
(Sec. 215) Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to the MQ-18 medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification.
(Sec. 216) Authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to use specified FY2013 joint capability technology demonstration funds to carry out a program to develop and flight-demonstrate vertical lift platform technologies that address capability gaps described in DOD's Future Vertical Lift Strategic Plan. Outlines program goals and objectives.
Subtitle C: Missile Defense Programs - (Sec. 221) Directs the Secretary to: (1) procure two AN/TPY-2 radars, and (2) report to the defense and appropriations committees on the feasibility of developing one such radar on a rotational table to allow it to quickly change directions.
(Sec. 222) Requires the Director of the Missile Defense Agency (MDA) to report to the defense and appropriations committees on the development of the new advanced kill vehicle on the standard millile-3 block IIB interceptor.
(Sec. 223) Directs the Secretary to: (1) ensure that a missile defense site on the U.S. East Coast using either ground-based or standard missile-3 interceptors is operational by December 31, 2015, (2) conduct a study of three possible locations for such site, and (3) prepare an environmental impact statement with respect to each possible location. Requires the MDA Director to develop and submit to the President a plan to deploy an appropriate missile defense interceptor for an East Coast missile defense site. Provides plan funding.
(Sec. 224) Earmarks specified FY2013 DOD funds for the ground-based midcourse defense (GMD) system, including for refurbishment of: (1) CEI exoatmospheric kill vehicle-equipped ground-based interceptors, and (2) Missile Field 1 at Fort Greely, Alaska.
(Sec. 225) Requires the Secretary to conduct an intercontinental ballistic missile test of the GMD program using a ground-based interceptor equipped with a CEI exoatmospheric kill vehicle.
(Sec. 226) Expresses the sense of Congress that standard missile-3 block IIB interceptors should be deployable in both land- and sea-based modes by the date on which such interceptors achieve initial operating capability. Directs the Secretary to: (1) ensure such achievement, and (2) report to the defense and appropriations committees on how the deployment of such interceptors affects the Navy force structure.
(Sec. 227) Earmarks specified FY2012-FY2015 RDT&E funds to the government of Israel for the procurement of additional batteries and interceptors under the Iron Dome short-range rocket defense system and related operations and sustainment expenses. Directs the Secretary to establish within the MDA an office to carry out matters relating to such assistance.
(Sec. 228) Requires the MDA Director to ensure that the sea-based X-band radar is maintained in a status to allow deployment in less than 14 days and for at least 60 days each year.
(Sec. 229) Prohibits the obligation or expenditure of FY2013 DOD funds for the medium extended air defense system.
(Sec. 230) Limits the obligation of more than 75% of DOD funds available for certain missile defense activities until: (1) the Secretaries of Defense and State submit to the defense, appropriations, and foreign relations committees a report on cost-sharing arrangements for missile defense in Europe and a certification of proportionate cost-sharing by members of the North Atlantic Treaty Organization (NATO); and (2) the Secretary submits to such countries a NATO prefinancing request with respect to such costs and submits to such committees the response to such request.
(Sec. 231) Prohibits the obligation or expenditure of FY2013 funding for the precision tracking space system until: (1) a federally funded research and development center (FFRDC) begins an analysis of alternatives to such system, and (2) the terms of reference for the analysis are submitted to the defense and appropriations committees. Requires the MDA Director to enter into an agreement for such analysis with an FFRDC that has not previously been involved with such system. Outlines analysis requirements. Prohibits any FY2013 funding for such system (other than for technology development) until 60 days after the MDA Director submits the completed analysis.
(Sec. 232) Requires the MDA Director to develop, and submit to the Secretary and the defense and appropriations committees, a plan to: (1) improve the discrimination and kill assessment capability of ballistic missile defense systems, particularly with respect to the GMD system, and (2) increase the rate of flight and ground tests of the GMD system.
(Sec. 234) Directs the Secretary to report to the defense and appropriations committees on the regional missile defense architectures and the force management process to evaluate such architectures.
(Sec. 235) Requires the Secretary to ensure that any FY2013 funds for ground-testing activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners.
(Sec. 236) Authorizes the Secretary of the Navy to transfer to the MDA Director Aegis weapon system equipment with ballistic missile defense capability for use in the country the Director has designated as "Host Nation 1." Requires the Director, upon receipt of such equipment, to transfer to the Secretary of the Navy such equipment with such capability for use in the DDG-51 Destroyer program.
Subtitle D: Reports - (Sec. 241) Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees.
(Sec. 242) Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in engineering, applied sciences, and management; and (2) report review results to the defense and appropriations committees.
(Sec. 243) Requires the Secretary to: (1) assess the U.S. manufacturing capability to produce three-dimensional integrated circuits to serve the national defense, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 244) Directs the Secretary to report to such committees a summary of DOD efforts to transition mature and maturing directed energy technologies to new operational weapon systems during the five-to-ten year period beginning on the date of the report.
(Sec. 245) Requires the Secretary to submit to such committees a study of Air Force cyber operations research, science, and technology.
Subtitle E: Other Matters - (Sec. 251) Allows DOD laboratories to enter into education partnership agreements with educational institutions in U.S. possessions or territories.
(Sec. 252) Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to: (1) designate a DOD office with lead responsibility for enhancing DOD use of regional advanced technology clusters (and inform Congress of such designation), and (2) report to Congress on DOD participation in such activities.
(Sec. 253) Directs the Secretary to brief the defense committees on power and energy research conducted at the University Affiliated Research Centers.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for the Secretary of the Navy for FY2013 for inactivation execution of the U.S.S. Enterprise (aircraft carrier), as specified in the funding table. Limits to $708 million the total obligation for such inactivation. Provides inactivation contract authority.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory.
(Sec. 312) Amends the Toxic Substances Control Act to exclude from the definition of "chemical substance" for purposes of such Act any components of firearms including shot, bullets and other projectiles, propellants, and primers.
(Sec. 313) Amends the Energy Independence and Security Act of 2007 to make inapplicable to DOD alternative fuel procurement requirements of such Act.
(Sec. 314) Prohibits FY2013 DOD funds from being obligated or expended for the production or purchase of any alternative fuel if the cost of producing or purchasing such fuel exceeds the cost of producing or purchasing a traditional fossil fuel that would be as useful as the alternative fuel. Provides an exception.
(Sec. 315) Directs the Secretary to develop, and brief the defense and appropriations committees on, a plan on a timeline to develop a material solution to measure environmental exposures to members of the Armed Forces in and outside of the continental United States.
(Sec. 316) Directs the Secretary to establish Southern Sea Otter Military Readiness Areas in waters off the California coast for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels. Directs the Secretary of: (1) the Navy to annually monitor and evaluate the status of the otter population, and (2) the Navy and the Interior to report to Congress and the public on such monitoring.
(Sec. 317) Amends the Sikes Act (conservation management on government lands) to authorize the Secretary of the military department concerned (Secretary concerned) to enter into cooperative agreements with Indian tribes for land management in areas adjoining military installations and state-owned National Guard installations.
(Sec. 318) Expresses the sense of Congress that: (1) the Secretary should expeditiously submit to the defense committees the final report required under the NDAA for Fiscal Year 2011 concerning the presence of unexploded ordnance in the former bombardment area on the island of Culebra, Puerto Rico, and its threat to the public health, safety, and the environment; (2) if that report indicates that decontamination and removal of such ordnance could be conducted at a reasonable cost to the federal government, it is appropriate for Congress to authorize such action; and (3) any ordnance removal should be accomplished pursuant to the DOD military munitions response program.
Subtitle C: Logistics and Sustainment - (Sec. 321) Amends the NDAA for Fiscal Year 2004 to authorize the Secretary concerned to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018.
(Sec. 322) Excludes from consideration as depot-level maintenance and repair: (1) nuclear aircraft carrier refueling, defueling, and concurrent complex overhaul; and (2) procurement major modifications designed to improve the performance or safety of a weapon system or major end item. Requires the Secretary to determine the associated capability to maintain the core depot-level maintenance and repair capabilities and capacity required of mission-essential weapon systems or items of military equipment. Prohibits the Secretary from waiving the capability determination requirement without notifying Congress at least 30 days in advance. Excludes nuclear aircraft carriers and special access programs from such waiver authority. Requires the Secretary, every two years, to: (1) review each existing special access program to determine the core depot maintenance and repair capabilities required to provide a ready and controlled source of technical competence, and resources required to establish a core capability if it becomes necessary; and (2) include review results in a required biennial core report.
(Sec. 323) Expresses the sense of Congress that: (1) the government should rely on commercially available products and services when the product or service can be procured more economically from the commercial source, (2) this policy conforms with DOD total force management procedures regarding which sector should perform each requirement, and (3) DOD should not convert performance of a DOD contractor function to performance by DOD civilian employees unless the function is inherently governmental in nature or the conversion is necessary to comply with DOD requirements as amended by this Act.
Subtitle D: Readiness - (Sec. 331) Authorizes the Secretary concerned to enter into agreements with state or local governments for the procurement of installation support services. Exempts from such authority police, fire protection, and first responder services.
(Sec. 332) Extends through 2020 DOD authority to provide assured business guarantees to carriers participating in the Civil Reserve Air Fleet program.
(Sec. 333) Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines.
(Sec. 334) Authorizes the National Guard Bureau to maintain a Center of Excellence for the National Guard State Partnership Program (Center), for training National Guard units and members in order to improve deployment skills. Provides for the detail of National Guard members at the Center.
(Sec. 335) Codifies under federal law the National Guard State Partnership Program (defense and security partnerships between the National Guard and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country). Allows funds available to DOD, including for the Army and Air National Guard, to be used for such purposes. Repeals superseded authority under the NDAA for Fiscal Year 2010.
Subtitle E: Reports - (Sec. 341) Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the Chairman of the Joint Chiefs of Staff (JCS), based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment.
(Sec. 342) Revises the frequency of the CG's review of each annual DOD report on prepositioned materiel and equipment.
(Sec. 343) Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, or the U.S. Transportation Command.
(Sec. 344) Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory.
(Sec. 345) Directs the CG to review and report to the defense committees on a specified DOD memorandum concerning contract performance costs to determine whether the methodology used reflects the actual, relevant, and quantifiable costs to taxpayers of performance by federal civilian employees, military personnel, and contractors.
(Sec. 346) Requires the: (1) Secretary to report to the defense and appropriations committees and the CG on helicopter medical evacuation policies, and (2) CG to review the report and submit review results to such committees.
(Sec. 347) Directs the Secretary to: (1) report to such committees on the feasibility of providing at or below market rate telecommunications services to military personnel transiting through a foreign airport while going to or returning from deployment overseas, and (2) investigate allegations of certain telecom companies specifically targeting such personnel with above-market fees.
(Sec. 348) Expresses the sense of Congress that, when sending personnel into combat, the United States has an obligation to ensure that: (1) such members are properly equipped with the best available protective equipment and supplies; and (2) such members, or their family and friends, never feel compelled to purchase additional protective equipment and supplies in order to be safer in combat. Directs the Secretary to: (1) conduct a survey among members formerly deployed in a combat zone since September 11, 2001, on what types of protective equipment and supplies should have been, but were not provided; and (2) report survey results to Congress.
(Sec. 349) Directs the Secretary to report to specified congressional committees on the status of targets listed in the document entitled "Operational Energy Strategy: Implementation Plan, Department of Defense, March, 2012."
Subtitle F: Limitations and Extensions of Authority - (Sec. 351) Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents.
(Sec. 352) Prohibits FY2013 DOD funds from being used to disestablish or downgrade any of the 18 level 5 aerospace control alert defense locations currently in existence. Requires: (1) the Secretary of the Air Force to maintain such current level until the later of September 30, 2013, or the enactment of the National Defense Authorization Act for Fiscal Year 2014; (2) the Secretary of Defense to establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; (3) the Secretary of Defense to report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes; (4) the CG to review such analysis and assessment and report review results to such committees. Expresses the sense of Congress that fighter wings performing 24-hour aerospace control alert missions provide an essential service in defending U.S. airspace in the aftermath of the September 11, 2001, terrorist attacks upon the United States.
(Sec. 353) Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed.
(Sec. 354) Prohibits, with one exception, any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. Requires the Secretary of the Navy to maintain the current level of such ships until the later of September 30, 2014, or the enactment of the National Defense Authorization Act for Fiscal Year 2014.
(Sec. 355) Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017.
Subtitle G: Other Matters - (Sec. 361) Directs the Secretary to classify military working dogs as canine members of the Armed Forces. Prohibits their classification as equipment. Authorizes the Secretary concerned, after determining that a military working dog should be retired and that no suitable adoption is available, to transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the use of frequent traveler miles to facilitate such adoptions. Requires the Secretary to: (1) establish and maintain a system to provide veterinary care of retired military working dogs, and (2) create a decoration or other appropriate recognition to recognize such dogs that are killed in action or perform an exceptionally meritorious or courageous act during their service.
(Sec. 362) Authorizes the Secretary, with respect to the training of National Guard units and federal agencies performing homeland defense activities, to provide funding assistance through a special military cooperative agreement for the operation and maintenance of any state training center certified by the Federal Emergency Management Agency (FEMA) as capable of providing emergency response training. Requires merit-based or competitive selection procedures to be used in such funding.
(Sec. 363) Directs the CG to: (1) review DOD policies and procedures for the handling, labeling, and packaging of hazardous material shipments, and (2) report review results to the defense, appropriations, and transportation committees.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
(Sec. 403) Requires the President, upon determining that a reduction in end strength of the regular Army or Marine Corps is necessary for any of FY2014-FY2017, to certify to Congress in that fiscal year that such reduction will not undermine the ability of the Armed Forces to meet National Security Strategy requirements, increase U.S. security risks, or compel personnel to endure diminished dwell time and repeated deployments. Provides an annual limitation on reductions during such fiscal years. Requires the DOD budget for each of such fiscal years to include amounts sufficient to meet the above requirements, and not rely on any emergency, supplemental, or overseas contingency operations funding.
(Sec. 404) Excludes members within the Integrated Disability Evaluation System on the last day of any of FY2013-FY2018 from active-duty end strength limits for such fiscal years.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases by one the authorized Navy active-duty flag officer end strength limitation. Exempts a director of the Navy Nurse Corps and the Medical Service Corps from such limitation.
(Sec. 502) Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement.
(Sec. 503) Establishes the positions of Chief and Deputy Chief of Chaplains in the Air Force. Requires each such appointee to have served as an active-duty chaplain for at least eight years.
(Sec. 504) Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement.
(Sec. 505) Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.)
(Sec. 506) Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 5%, or 10% in the case of the Marine Corps, of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade.
(Sec. 507) Directs the Secretary (and the Secretary of Homeland Security with respect to the Coast Guard) to develop and implement a plan to measure DOD efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports. Directs the Secretary of Homeland Security to annually prepare and submit to specified congressional committees a report addressing diversity among officers and enlisted personnel within the Coast Guard and Coast Guard Reserve.
Subtitle B: Reserve Component Management - (Sec. 511) Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998.
(Sec. 512) Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2.
(Sec. 513) Directs the Secretary to establish an online means by which members of the Ready Reserve can track their operational active-duty service performed after January 28, 2008, for purposes of determining their retirement credit.
Subtitle C: General Service Authorities - (Sec. 521) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating.
(Sec. 522) Authorizes licensed clinical social workers and psychiatric nurse practitioners (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations.
(Sec. 523) Authorizes the Secretary to accept voluntary services to assist DOD efforts in accounting for missing personnel.
(Sec. 524) Increases from 21 to 42 days the authorized leave for a member upon the birth or adoption of a child, when such member is the primary caregiver. Authorizes 10 days of leave for the spouse of such member.
(Sec. 525) Directs the Secretary to ensure a continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member who died outside the United States, beginning with initial remains recovery, through the defense mortuary system, and until the remains are interred or accepted by the person designated to direct disposition.
(Sec. 526) Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females.
(Sec. 527) Directs the Secretary concerned to ensure that commanding officers: (1) do not prohibit or otherwise restrict the ability of physicians and other licensed health-care providers to issue a medical profile for a member, and (2) comply with the terms of an issued profile in assigning duties to such member. Provides a temporary waiver authority, on a case-by-case basis, when the officer determines that duties assigned against the terms of the profile are vital to ensuring the readiness of the member and the unit.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates.
(Sec. 532) Directs the Secretary to require the Secretaries concerned, with respect to sexual misconduct offenses under the Uniform Code of Military Justice (UCMJ), to restrict disposition authority in such cases to officers authorized to convene special courts-martial, holding a grade of colonel or captain, and having a legal advisor in the chain of command of the accused. Directs the Secretary to make recommendations for certain additional changes to the Manual for Courts-Martial of UCMJ policy with respect to the disposition of such offenses.
(Sec. 533) Requires the Secretary to establish an independent panel to review and assess judicial proceedings under the UCMJ involving sexual assault and related offenses for the purpose of developing potential improvements to such proceedings. Terminates the panel at the end of FY2017. Directs the panel to: (1) prepare annual reports regarding the implementation of reforms relating to rape, sexual assault, and other sexual misconduct under the UCMJ, as enacted by the NDAA for Fiscal Year 2012; and (2) submit such reports to the Secretary and the defense committees.
(Sec. 534) Directs the Secretary to require each department Secretary to establish a record on the disposition of any report of sexual assault, whether such disposition is court martial, nonjudicial punishment, or other administrative action. Requires such records to be maintained for at least 20 years.
(Sec. 535) Requires the Secretary (and the Secretary of Homeland Security with respect to the Coast Guard) to provide the defense committees a briefing, plan, and recommendations regarding DOD and Coast Guard efforts to prevent and respond to hazing incidents involving members. Requires the plan to include a database to improve DOD and Coast Guard ability to: (1) determine the extent to which hazing incidents are occurring and their nature; and (2) track, respond to, and resolve such incidents. Directs the Secretary concerned to develop and implement a procedure to transfer a member who has been the victim of a substantial hazing incident to another unit in that branch. Requires: (1) the Secretaries of Defense and Homeland Security to report annually to the defense, oversight, and transportation committees on hazing incidents in the DOD and Coast Guard; and (2) the CG to report to such committees on the policies to prevent hazing and systems initiated to track hazing incidents in each of the military departments.
(Sec. 536) Requires the Armed Forces to accommodate the conscience and sincerely held moral principles and religious beliefs of its members concerning the appropriate and inappropriate expression of human sexuality, and prohibits the Armed Forces from using such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) directing, ordering, or requiring a chaplain to perform any duty, rite, service, or function that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs.
(Sec. 537) Prohibits a military installation or other property owned, rented, or under the jurisdiction or control of DOD from being used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.
(Sec. 538) Directs the Office for Reintegration Programs to assist each state to coordinate services under the Yellow Ribbon Reintegration Program of the NDAA for Fiscal Year 2008 with small business development centers in such state.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program.
(Sec. 542) Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association and its successors to manage any aspect of the Naval Academy athletic and physical fitness programs; (2) receive funds from the Association and other sources to further the mission of the Naval Academy; and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks. Requires such Secretary to notify the defense and appropriations committees within 60 days after entering into any agreement authorized under this section.
(Sec. 543) Directs the DOD Inspector General to conduct a review to determine the extent of access that representatives of for-profit educational institutions have to military installations and whether there are adequate safeguards in place to regulate such access.
(Sec. 544) Amends the NDAA for Fiscal Year 2012 to remove the limit of five on the number of military occupational specialties or duty specialty codes for coverage under a DOD pilot program on the receipt of civilian credentialing for skills required in military specialties.
Subtitle F: Decorations and Awards - (Sec. 551) Removes the requirement that, in order to be eligible for a prisoner-of-war medal, the subject must have been held captive by a foreign force categorized as hostile to the United States.
(Sec. 552) Directs the Secretary concerned to award the Purple Heart to members killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009. Provides an exception for a member whose wound was the result of willful misconduct.
(Sec. 553) Entitles Brigadier General Charles E. Yeager, United States Air Force (retired), to the rank of major general while on the retired list of the Air Force.
(Sec. 554) Authorizes the President to award the Medal of Honor to First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War.
(Sec. 555) Authorizes the Secretary of the Army to award the Army Combat Action Badge to any member of the Army who participated in combat during which the person actually engaged, or was personally engaged by, the enemy at any time between December 7, 1941, and September 18, 2001, as long as such person has not been previously recognized for such participation.
(Sec. 556) Directs the Secretary of the Navy to submit to the defense committees the Navy's review, findings, and actions pertaining to the Medal of Honor nomination of Marine Corps Sergeant Rafael Peralta.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 561) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 562) Extends transitional compensation benefits and payments provided to victims of military dependent abuse to children carried during pregnancy at the time of a dependent-abuse offense.
(Sec. 563) Permits the Secretary to authorize the enrollment in a DOD domestic education program a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Authorizes the enrollment in a DOD virtual elementary or secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program.
(Sec. 564) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, then the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, then the appropriate court shall apply the higher standard.
(Sec. 565) Amends the above Act to prohibit the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.
(Sec. 566) Expresses the sense of Congress supporting the goals and ideals of Yellow Ribbon Day, observed on April 9th of each year, in honor of members and American civilians who are serving overseas in defense of the United States.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 571) Directs each military department Secretary to establish special victim teams for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Requires each such Secretary to: (1) prescribe standards for the training, selection, and certification of personnel for such teams; and (2) have one such team available within one year after the enactment of this Act. Provides for the measurement of the effectiveness and impact of such teams from the investigative, prosecutorial, and victims' perspectives.
(Sec. 572) Amends the NDAA for Fiscal Year 2012 to direct the Secretary to 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. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component.
(Sec. 573) Directs the Secretary to ensure that there be prominently posted, at DOD duty, dining, residential, health-care, commissary, and community service facilities, as well as on any DOD website, specified information on DOD sexual assault prevention and response resources. Requires prompt notification to victims of the availability of assistance.
(Sec. 574) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault.
(Sec. 575) Requires the Secretary concerned, effective with the 2013 report required, above, to include information on sexual harassment involving members under their jurisdiction during the preceding year.
(Sec. 576) Requires the Secretary to report biennially to the defense committees on progress made to ensure that the Defense Incident-Based Reporting System and the Defense Sexual Assault Incident Database are fully functional and operational. Terminates the reporting requirement when both the System and Database are fully functional and operational and being jointly used.
(Sec. 577) Directs the Secretary, once each in 2013 and 2014, to brief the defense committees on DOD actions regarding sexual assault prevention and response in the Armed Forces.
(Sec. 578) Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates.
(Sec. 579) Directs the Secretary to require the commander of every unit with more than 50 assigned members to conduct an organizational climate assessment within 120 days after the command assumes command, and annually thereafter. Defines such assessment as the positive and negative factors on unit effectiveness and readiness, including prevention and response to sexual assault and equal opportunity.
(Sec. 580) Requires the above assessment to include avenues for members to express their views on how their leaders are responding to allegations of sexual assault and complaints of sexual harassment.
(Sec. 581) Directs the Secretary to conduct, and report to the defense committees on, a review of all unrestricted reports of sexual assault made by members since October 1, 2000, to determine the number of members who were subsequently separated from service and the grounds for such separation.
(Sec. 582) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, for up to 180 days to complete a line-of-duty determination with respect to the assault.
(Sec. 583) Provides that if a complaint of sexual harassment is made against a member and substantiated, a notation thereof shall be placed in the individual's service record for the purpose of: (1) reducing the likelihood that such member can commit the same offense multiple times without suffering the appropriate consequences; and (2) alerting commanders of the background of the members of their command, including transferred members.
(Sec. 584) Expresses the sense of Congress that the Secretary of Veterans Affairs (VA) should: (1) expand efforts to raise awareness about military sexual trauma and the treatment and services that the VA provides to victims, and (2) review the VA disability process to ensure that victims who file for service-connection do not face unnecessary or overly burdensome requirements in order to claim disability benefits.
(Sec. 585) Directs the Secretary to conduct a general education campaign to notify members regarding DOD authorities available for the correction of military records when a member experiences any retaliatory personnel action for reporting sexual assault or harassment.
(Sec. 586) Establishes a Sexual Assault and Harassment Oversight and Advisory Council to provide oversight and advice to the Secretaries of Defense and the military departments on the activities and implementation of policies and programs developed by the Sexual Assault Prevention and Response Office in response to sexual assault and harassment. Requires an annual activities report from the Council to the Secretary and the defense and appropriations committees.
Subtitle I: Other Matters - (Sec. 590) Authorizes the Secretary concerned to establish and maintain a unit of the Junior Reserve Officers' Training Corps (JROTC) at a secondary institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, as long as such institutions meets other requirements.
(Sec. 591) Directs the Secretary, in order to preserve the editorial and management independent of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region other than the Defense Media Activity at Fort Meade, Maryland.
(Sec. 592) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated as the National Song of Remembrance.
(Sec. 593) Outlines the recommended conduct of persons, in uniform and not in uniform, during the sounding of Taps.
(Sec. 594) Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries.
(Sec. 595) Authorizes the Secretary to conduct one or more pilot programs to provide assistance for members leaving active duty to transition into the fields of science, technology, engineering, and mathematics (STEM fields) in order to address DOD shortages of expertise within those fields. Limits pilot programs to three academic years, and requires the Secretary to report pilot program results to the defense and appropriations committees.
(Sec. 596) States that Congress: (1) reaffirms its support for the recovery and return to the United States of the remains and bodies of all members killed in the line of duty, and efforts by the Joint POW-MIA Accounting Command to recover remains of members from all wars, conflicts and missions; (2) recognizes the courage and sacrifice of all members who participated in Operation Highjump and all missions vital to U.S. national security; (3) acknowledges the dedicated research and efforts by the U.S. Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation, and other persons and organizations to identify, locate, and advocate for the recovery of the bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist's Mate 1st Class, and Wendell Hendersin, Aviation Radioman 1st Class of the "George 1" explosion and crash; and (4) encourages DOD to review the facts, research, and pursue new efforts to recover, identify, and return the bodies of the "George 1" crew from Antarctica's Thurston Island.
(Sec. 597) Directs the Secretary to report to Congress on the effects of multiple deployments on the well-being of military personnel and any recommended changes to health evaluations prior to redeployments.
(Sec. 598) Directs the Secretary of the Army to establish a chain of command for Army national military cemeteries, including a military commander to replace the current civilian director.
(Sec. 599) Allows members not in uniform and veterans to render the military salute during the recitation of the pledge of allegiance.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel.
(Sec. 602) Entitles to a basic allowance for housing (BAH) a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member.
(Sec. 603) Prohibits a reduction in BAH for Army and Air National Guard personnel who transition between active duty and full-time Guard duty without a break in active service.
(Sec. 604) Provides that, as of October 1, 2011, changes made to the program guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserves under a specified Department of Defense (DOD) instruction shall not apply to reservists whose qualified mobilization commenced before October 1, 2011, and continued until the termination of the mobilization.
(Sec. 605) Directs the Secretary concerned to make a payment to each member of the Armed Forces who was eligible to participate in the Post-Deployment/Mobilization Respite Absence program, but did not participate for one or more days due to government error. Makes such payment: (1) $200 for each day of non-participation, and (2) in lieu of any authorized administrative absence for such day(s).
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2010 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances Generally - (Sec. 621) Authorizes a travel and transportation allowance for a qualified non-medical attendant of a member receiving care in a residential treatment program, if the attending physician or other mental health professional and the commander or head of the military medical facility exercising control over the member determine that the presence and participation of such attendant is essential to the member's treatment.
Subtitle D: Benefits and Services for Members Being Separated or Recently Separated - (Sec. 631) Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation.
(Sec. 632) Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Includes food banks, food pantries, and soup kitchens among organizations to which DOD may donate unusable food prepared for the Armed Forces.
(Sec. 642) Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores.
(Sec. 643) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
(Sec. 644) Requires the governing body of the military commissary and exchange system to develop: (1) guidelines for the identification of fresh meat, poultry, seafood, produce, and other products raised or produced through sustainable methods; and (2) goals to maximize the purchase of sustainable products, local food, and recyclable materials by the end of FY2017.
Subtitle F: Disability, Retired Pay, and Survivor Benefits - (Sec. 651) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
Subtitle G: Other Matters - (Sec. 661) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care.
(Sec. 662) Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments.
(Sec. 663) Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty.
(Sec. 664) Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember on active duty, a totally disabled veteran, or the surviving spouse of a member who died during military service, to either: (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties. Prohibits the sale, foreclosure, or seizure of the subject property for the service period, as well as the 12-month period after: (1) the servicemember is discharged or redeployed from a contingency operation, (2) the veteran is retired, or (3) the death of the servicemember (in the case of a surviving spouse). Increases the civil penalties for violations of the sale or foreclosure prohibitions. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this section. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this section. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information with respect to the protections afforded under this section.
(Sec. 665) Requires the Secretary to conduct a study assessing the feasibility of issuing to members expected to be discharged under conditions other than honorable an identification card that would provide a convenient method of summarizing the DD-14 form (concerning release or discharge from active duty) from the member's personnel file, while not serving as proof of any benefits to which such member may be entitled. Requires a report on such study from the Secretary to the defense and appropriations committees.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Expresses the sense of Congress that the 20-30 career-years of sacrifice of servicemembers and their families constitute a significant pre-paid premium for health care during retirement that is over and above what the member pays with money.
(Sec. 702) Directs the Secretary, beginning on the earlier of the date of enactment of this Act or October 1, 2012, and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated.
(Sec. 703) Directs the Secretary to ensure that each individual who receives medical or dental care under a state National Guard medical or dental care contract meets DOD standards of medical and dental readiness upon his or her mobilization.
(Sec. 704) Requires the autism spectrum disorder treatment authorized for dependents in military health care facilities under TRICARE to include behavioral health treatment, including applied behavior analysis, when prescribed by a physician. Provides funding for such additional treatment.
(Sec. 705) Requires a mental health assessment of a member deployed in support of a contingency operation once during each 180-day period of such deployment. Allows such assessments to be performed by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and their use for such purpose would not impair their capacity to perform higher priority tasks.
Subtitle B: Health Care Administration - (Sec. 711) Directs the President, through the Secretary, to establish within DOD a unified command for medical operations, to provide unified medical services to members and other health care beneficiaries. Assigns to such command all active military medical treatment facilities, training organizations, and research entities. Provides for a commander of such command, with specified subordinate commands. Outlines commander responsibilities. Directs the Secretary to establish a Defense Health Agency and to transfer to such Agency the TRICARE Management Activity and all functions of the TRICARE Program. Provides for a Defense Health Agency director. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan for establishing the unified medical command, and (2) written notification of the timeline for such establishment.
(Sec. 712) Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above.
(Sec. 713) Authorizes each Secretary concerned to establish cooperative health care agreements between military installations and local or regional health care entities.
(Sec. 714) Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Secretary to conduct pilot programs to assess the effectiveness of any process so developed.
(Sec. 715) Includes individuals working under a subcontract of a personal services contract for health care as covered employees for purposes of medical malpractice under the Federal Tort Claims Act.
(Sec. 716) Requires the Secretary to carry out a three-year pilot program to assess the feasibility of using revenue-cycle improvement processes to increase the amounts collected from third party payees for charges for health care provided in the United States at a military medical treatment facility. Requires the pilot program to be conducted at at least two installations of different military departments. Directs the Secretary to report pilot program results to the defense and appropriations committees.
(Sec. 717) Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017.
(Sec. 718) Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay.
(Sec. 719) Amends the NDAA for Fiscal Year 2012 to require the Secretary to implement and complete any recommendations of a review of the administration of the military health care system before restructuring or reorganizing such system.
Subtitle C: Reports and Other Matters - (Sec. 721) Amends the above Act to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members.
(Sec. 723) Expresses the sense of Congress that children of members receive health care designed to meet their pediatric-specific needs, and that a review of the TRICARE program with respect to children's health care needs is warranted. Directs the Secretary to establish a working group to: (1) review the TRICARE program with respect to pediatric health care, including special and chronic health care needs; (2) make recommendations to ensure that children receive appropriate care, and that access remains available for military families with children; and (3) submit an interim and final report to the defense and appropriations committees. Terminates the working group 30 days after submission of the final report.
(Sec. 724) Directs the Secretary to submit to the defense and appropriations committees a strategy to refine, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries by October 1, 2017. Requires updated annual reports beginning in 2014.
(Sec. 725) Authorizes the Secretary, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of DOD efforts in research, treatment, education, and outreach on mental health and substance use disorders and traumatic brain injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive and merit-based process, to award grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources of at least $3 for each $1 provided under the grant. Requires a pilot program report from the Secretary to the VA Secretary and Congress.
(Sec. 726) Directs the Secretaries of Defense and the VA to jointly conduct a study on the incidence of breast cancer among members and veterans and report study results to Congress. Provides funding.
(Sec. 727) Requires DOD's Office of Health to work in collaboration with the National Institutes of Health (NIH) to: (1) identify targets and biomarkers for triple negative breast cancer; and (2) provide information useful in biomarker selection, drug discovery, and clinical trial design.
(Sec. 728) Directs the Secretaries of Defense and the VA (Secretaries) to carry out a five-year pilot program under which each Secretary establishes a process for providing payments to facilities for treatments of TBI or PTSD received by members and veterans in facilities other than military or VA medical facilities. Subjects such payments to specified conditions, including approved treatment or study protocols. Requires the VA Secretary to notify each veteran with a service-connected injury or disability of the opportunity to receive such treatment or protocol. Requires the Secretaries to jointly: (1) develop and maintain a database containing each patient case involving the use of such treatments; and (2) report annually to Congress on the implementation of this section. Authorizes appropriations.
(Sec. 729) Supports: (1) efforts of the Secretaries to educate members, veterans, their families, and the public about the causes, symptoms, and treatment of PTSD; and (2) the creation of an advisory commission on PTSD to coordinate the efforts of DOD, VA, and other executive departments and agencies for PTSD prevention, diagnosis, and treatment.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the NDAA for Fiscal Year 2008 to exempt, for a 24-month period beginning on the date of enactment of this Act, DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act). Requires the Under Secretary to certify to the defense and appropriations committees whether DOE policies, procedures, and controls provide sufficient protection and oversight for DOD funds expended under such Program, and whether the exemption period should be extended.
(Sec. 802) Requires competitive procedures to be used in the award of any contract that will use U.S. funds for the procurement of helicopters for the Afghan Security Forces. Prohibits contracting with any country: (1) that has provided weapons to Syria after the enactment of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, or (2) that is currently a state sponsor of terrorism. Authorizes the Secretary to waive the applicability of this section in the national security interest.
(Sec. 803) Prohibits DOD from contracting for the procurement of goods or services with any person that has business operations with a state sponsor of terrorism.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years.
(Sec. 812) Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items.
(Sec. 813) Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using advanced predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels.
(Sec. 814) Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program.
(Sec. 815) Limits to 80% the obligation or expenditure of funds authorized for the Office of the Secretary until the Secretary certifies to the defense and appropriations committees that DOD is implementing requirements of the Weapon Systems Acquisition Reform Act of 2009 relating to maximum competition throughout the life-cycle of MDAPs. Requires a related briefing.
(Sec. 816) Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts.
(Sec. 817) Includes within the definition of "produced," for purposes of Buy American requirements, that which is melted or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. Excludes from such term finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.
(Sec. 818) Directs the Secretary to: (1) assess the health and status of various national defense infrared technology sectors, and (2) report assessment findings to the defense and appropriations committees.
(Sec. 819) Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Prohibits the preferential procurement of goods or services from Pakistan until their government agrees to reopen the ground lines of communication for the movement of U.S. equipment and supplies through Pakistan. Repeals an expired reporting requirement.
(Sec. 822) Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations. Requires the Secretary, before providing such treatment with respect to a product or service produced in Afghanistan, to determine that their government is not taxing assistance provided by the United States to such country in violation of any bilateral or other agreement.
Subtitle D: Other Matters - (Sec. 831) Amends the Skelton Act to eliminate the requirement that the acquisition process for rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can be appropriately acquired under fixed-price contracts.
(Sec. 832) Directs the Secretary to ensure that any call center operated under a contract entered into by the Secretary or the Secretary concerned is located in the United States.
(Sec. 833) Requires the head of a defense agency to state in a solicitation for competitive proposals that the agency may consider information that the offeror may include on the effects awarding the contract to the offeror would have on employment within the United States (jobs impact statement). Allows such statement to include a guarantee that jobs created or retained in the United States will not be moved outside the United States after award of the contract. Requires: (1) the agency to assess annually the accuracy of such a statement submitted by an offeror that is awarded a contract, and (2) the Secretary to report annually to Congress on the frequency of use of such statements in evaluating competitive proposals. Requires revision of the Federal Acquisition Regulation to implement the amendments made by this section.
(Sec. 834) Directs each of the military department Secretaries to report to the defense and appropriations committees on their use of energy performance contracts.
(Sec. 835) Requires the Secretary, with respect to any performance assessment of a defense contractor or subcontractor, or any labor recruiter, broker, or other agent used by such contractor or subcontractor, to include an evaluation of their trafficking in persons.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Requires the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy (DAS) to be appointed by the Secretary. (Under current law, the DAS is appointed by the Under Secretary of Defense for Acquisition, Technology, and Logistics.) Revises DAS responsibilities with respect to the defense industrial base, its supply chain, and supply chain vulnerability throughout, from suppliers to producers of major end items. Adds as additional responsibilities: (1) coordinating with the Director of Small Business Programs on matters relating to industrial base policy; (2) ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements; and (3) establishing DOD policies for continued reliable resource availability from domestic sources and allied nations.
Revises the composition of the Strategic Materials Protection Board to include: (1) the DAS, who shall be the chairman; and (2) the Administrator of the Defense Logistics Agency Strategic Materials, who shall be vice-chairman. Requires the Secretary of each military department to review and comment on each Board report and requires each report to be published in the Federal Register.
(Sec. 902) Directs the Secretary to designate a senior Office official as the principal official responsible for leading DOD's actions on urgent operational needs and rapid acquisition.
(Sec. 903) Requires the Secretary to: (1) designate a senior DOD official for coordination and management oversight of data conversion for all DOD enterprise resource planning systems, and (2) set forth the responsibilities of that official with respect to such data conversion.
(Sec. 904) Provides that the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall report directly to the Under Secretary, without the interposition of any other supervising official. Requires the President, in the annual budget, to include a separate statement of expenditures and proposed appropriations for that fiscal year for activities of such Deputy. Requires such Deputy's annual report to include a separate section covering activities of the DOD Test Resource Management Center.
(Sec. 905) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments.
Subtitle B: Space Activities - (Sec. 911) Directs the Under Secretary, once a year for five years, to submit to the defense and appropriations committees an assessment of the synchronization of the operability of the program segments of each space program that is a MDAP.
(Sec. 912) Expresses the sense of Congress in support of the full exploitation of overhead persistent infrared sensor data. Requires a report: (1) from the Secretary to the defense, appropriations, and intelligence committees on overhead persistent infrared technology; and (2) from the CG to the defense and appropriations committees assessing the Secretary's report.
(Sec. 913) Prohibits any authorized funds from being used by the Secretary or the Director of National Intelligence (DNI) to limit the activities of DOD and the intelligence community in outer space to implement or comply with an international agreement concerning outer space activities unless such agreement is ratified by the Senate or authorized by statute. Requires a report to Congress from the Secretary and the Secretary of State, every 90 days, on the progress of negotiations on an international agreement concerning outer space activities. Terminates the report requirement when the President certifies to Congress that the United States is no longer involved in such negotiations. Requires the Secretary to report annually to Congress on the counter-space programs of foreign countries.
(Sec. 914) Directs the Secretary of the Air Force to enter into an agreement with a federally funded research and development center (FFRDC) to conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for launch vehicles under the evolved expendable launch vehicle program. Requires an assessment report from such FFRDC to the defense and appropriations committees.
(Sec. 915) Directs the Secretary to report to Congress on key space technologies that could be used, or are being sought, by a foreign country with a counter-space or ballistic missile program, and which therefore should be subject to export controls by the United States or its ally.
(Sec. 916) Authorizes the Secretary to: (1) maximize the use of DOD space transportation infrastructure (STI) by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Authorizes the Secretary to enter into contracts with such entities. Establishes the Defense Cooperation Space Launch Account for the above purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
Subtitle C: Intelligence-Related Activities - (Sec. 921) Authorizes the DNI to provide geospatial intelligence support to regional organizations with defense or security components, and to security alliances of which the United States is a member. Requires the DNI, when exercising such authority, to: (1) ensure that such organization or alliance does not provide such intelligence and support to any other person or entity, (2) notify Congress, and (3) coordinate the provision of such intelligence and support with the commander of the appropriate combatant command.
(Sec. 922) Makes technical amendments to reflect the change in the name of the National Defense Intelligence College to the National Intelligence University.
Subtitle D: Total Force Management - (Sec. 931) Prohibits the obligation or expenditure of more than 80% of authorized DOD acquisition funding until the Secretary certifies to the defense and appropriations committees that the collection of data for meeting federal requirements of the Inventory of Contracts for Services has begun.
(Sec. 932) Requires the Secretary concerned or appropriate defense agency head to take necessary corrective action upon a determination of insufficient levels of government management, control, and oversight of functions within such department or agency closely associated with inherently governmental functions.
(Sec. 933) Requires the appropriate department Secretary or defense agency head to ensure that special management attention is being given to functions closely associated with inherently governmental functions.
Subtitle E: Cyberspace-Related Matters - (Sec. 941) Amends the NDAA for Fiscal Year 2012 to affirm the Secretary's authority to conduct military activities in cyberspace, including a clandestine operation in cyberspace: (1) in support of a military operation pursuant to the Authorization for Use of Military Force against a target outside the United States, or (2) to defend against a cyber attack against a DOD asset. Directs the Secretary to ensure that the intelligence committees are kept fully and currently informed of any intelligence or intelligence-related activities undertaken in support of military activities in cyberspace.
(Sec. 942) Directs the Secretary to provide the defense committees with quarterly briefings on all offensive and significant defensive military operations in cyberspace. Requires the initial briefing no later than March 1, 2013.
Subtitle F: Other Matters - (Sec. 951) Requires the JCS Chairman to identify, assess, and approve military requirements to meet the national military strategy, and to ensure that life-cycle cost, schedule, and performance objectives are achieved in the acquisition of material solutions to meet such requirements. Requires the Joint Requirements Oversight Council to assist the JCS Chairman in such matters. Revises the roles of the chiefs of the military departments in the development and certification of requirements for equipping their respective military departments.
(Sec. 952) Amends the David L. Boren National Security Education Act of 1991 to include among individuals eligible for expedited federal hiring following completion of the national security education program those taking a position in the excepted service that is certified by the Secretary as contributing to the national security.
(Sec. 953) Requires the Secretary to provide an annual briefing to the defense and appropriations committees on the written policy guidance for the preparation and review of the program recommendations and budget proposals relating to national security objectives and contingency plans.
(Sec. 954) Amends the Hunter Act to extend through FY2013 the authority of the Secretary to waive reimbursement of the costs of activities of regional centers for security studies with respect to personnel of nongovernmental and international organizations who participate. Directs the CG to: (1) assess the effectiveness of such regional centers in advancing DOD priorities, and (2) submit assessment results to the defense and foreign relations committees.
(Sec. 955) Directs the Secretary to establish and maintain within DOD a National Language Service Corps to provide a pool of personnel who agree to provide foreign language services to DOD or another federal department or agency. Establishes a National Security Education Board to oversee and coordinate Corps activities. Authorizes the Secretary to impose fees for language services and technical assistance rendered by Corps personnel.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Requires each of the Chiefs of Staff for the Army and the Air Force, the Chiefs of Naval Operations and the National Guard, the Commandant of the Marine Corps, and the Commander of the U.S. Special Operations Command to annually submit to the defense and appropriations committees a list of the unfunded priorities of that department.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to authorize the Chief of the National Guard Bureau to extend for an additional five years the National Guard Counterdrug Schools.
(Sec. 1012) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2013 a reporting requirement on expenditures to support foreign counter-drug activities.
(Sec. 1013) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2013 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2013 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities.
(Sec. 1015) Expresses the sense of Congress that Congress and the responsible agency (whether or not it is DOD) should: (1) fund the Counterdrug Tethered Aerostat Radar System (TARS) program; and (2) ensure that the eight current TARS are fully functional and covering U.S. jurisdictions in the Caribbean and along the U.S.-Mexico border and the Florida Straits.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Amends the NDAA for Fiscal Year 2008 to require the Secretary of the Navy (under current law, the Secretary of Defense) to notify the defense and appropriations committees when determining that it would be impractical for any new class of naval ships to be nuclear-powered.
(Sec. 1022) Prohibits more than 50% of Navy emergency and extraordinary expenses funds from being used until the Secretary includes in defense budget materials a naval vessel construction plan and certification.
Subtitle D: Counterterrorism - (Sec. 1031) Provides findings affirming the authority pursuant to the Authorization for Use of Military Force (AUMF) to detain individuals determined to be engaged in armed conflict against the United States.
(Sec. 1032) Provides findings regarding habeas corpus rights safeguarding individual freedom against arbitrary and lawless state action.
(Sec. 1033) States that nothing in the AUMF or the NDAA for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus or any constitutional rights in a court ordained or established by or under Article III of the Constitution for any person who is lawfully in the United States when detained pursuant to the AUMF and otherwise entitled to such writ or rights. Requires the President to notify Congress within 48 hours of any such detention. Allows a person so detained to file for habeas corpus relief within 30 days after being placed in military custody.
(Sec. 1034) Extends through FY2014 DOD authority to pay rewards for providing U.S. government personnel with information or nonlethal assistance in combating terrorism against the United States. Directs the Secretary to report to the defense and appropriations committees on future requirements and authorities to make such rewards.
(Sec. 1035) Prohibits an individual formerly detained at Naval Station Guantanamo Bay, Cuba (Guantanamo), who has been repatriated to Micronesia, the Marshall Islands, or Palau from being afforded the rights and benefits set forth in the Compact of Free Association.
(Sec. 1036) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1037) Prohibits the Secretary from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security.
(Sec. 1038) Prohibits FY2013 DOD funds from being used to construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from Guantanamo.
(Sec. 1039) Requires: (1) the DNI to submit to the defense and intelligence committees an assessment of the factors that cause or contribute to the recidivism of Guantanamo detainees that are transferred or released to a foreign country, and (2) the Secretary to submit to the defense, intelligence, and foreign relations committees an assessment of the effectiveness of international agreements relating to the transfer or release of such individuals between the United States and each appropriate foreign country.
(Sec. 1040) Directs the Secretary, within five days after first detaining an individual who is captured pursuant to the AUMF on a naval vessel outside the United States, to notify the defense committees of such detention. Requires a report from the Secretary to such committees on the use of naval vessels for such detentions.
(Sec. 1041) Requires the Secretary to notify the defense and foreign relations committees at least 10 days prior to the proposed transfer of any individual detained pursuant to the AUMF who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the government of Afghanistan or any other country.
(Sec. 1042) Directs the Secretary to report to the defense and foreign relations committees on the recidivism rates and related factors of individuals formerly detained at the Parwan Detention Facility.
(Sec. 1043) Amends the NDAA for Fiscal Year 2012 to provide revised or additional requirements relating to the transfer of individuals detained at Guantanamo to foreign countries and entities. Requires the Secretary to provide a certification prior to such transfer by no later than 90 days (under current law, 30 days) before such transfer. Requires, additionally: (1) an assessment of the likelihood that a transferred individual will engage in terrorist activity thereafter, (2) a detailed summary of the individual's history of associations with foreign terrorist organizations, and (3) the individual's record of cooperation while in DOD custody.
Subtitle E: Nuclear Forces - (Sec. 1051) Amends the NDAA for Fiscal Year 2012 to restate the sense of Congress with respect to the U.S. nuclear weapons employment strategy, plans, and options, and its oversight by Congress. Requires the Secretary to annually brief the defense and appropriations committees on such strategy, plans, and options.
(Sec. 1052) Provides findings regarding DOD commitments for nuclear weapons stockpile modernization.
(Sec. 1053) Expresses the sense of Congress that the United States is committed to: (1) ensuring the safety, security, reliability, and credibility of its nuclear forces; (2) proceeding with a robust stockpile stewardship program and maintaining U.S. nuclear weapons production capabilities and capacities; (3) reinvigorating and sustaining its nuclear security laboratories and preserving core nuclear weapons competencies; and (4) providing necessary resources to achieve these objectives.
Amends the NDAA for Fiscal Year 2012 to require a report from the President to the defense, appropriations, and foreign relations committees in any year in which the President determines that an appropriations Act fails to meet the resource levels required in a plan for nuclear modernization activities referred to in the NDAA for Fiscal Year 2010. Prohibits the reduction of U.S. deployed nuclear warheads until the President certifies that the identified resources shortfall has been addressed and 120 days have elapsed following such certification. Provides an exception to such prohibited warhead reductions when made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems.
(Sec. 1054) Prohibits the implementation of a new nuclear weapons employment strategy as provided under section 1051, above, until one year after a report describing such strategy has been submitted. Prohibits, during FY2012-FY2021, any DOD funds from being used to carry out the results of decisions made under the 2010 Nuclear Posture Review Implementation Study that would alter the current nuclear weapons employment strategy, guidance, plans, or options until the President certifies to the defense and appropriations committees, among other things, that the President has included the resources necessary to carry out such decisions and the resources have been provided in an appropriations Act.
(Sec. 1055) Directs the President, beginning with FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully resourced and being executed at a level equal to or more than the levels set forth in the November 2010 update of a report on the plan for the nuclear weapons stockpile, complex, and delivery platforms. Provides that if the President certifies that plans to modernize or replace strategic delivery systems are not fully resourced or being executed, then no DOD funds for FY2012 or thereafter may be used to reduce, convert, or eliminate such systems until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1056) Amends the NDAA for Fiscal Year 2012 to require the President, during any year when recommending to reduce the number of nuclear weapons by greater than 1% of their total, to certify to the defense and appropriations committees whether such reduction will cause the number of such weapons to be fewer than the number of such weapons in the active and inactive stockpiles of the Russian Federation. Provides that if the President makes a positive certification, then none of the funds for DOD or the NNSA for FY2012 or thereafter may be used to carry out such a reduction until 180 days after the President submits to the defense and appropriations committees a report by the Commander of the U.S. Strategic Command detailing whether the reduction would create a strategic nuclear forces imbalance between the United States and the Russian Federation. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1057) Prohibits, during any year in which the President recommends any reductions in U.S. nuclear forces, any funds made available to DOD or NNSA from being used for such reductions until: (1) the President provides the defense, appropriations, and foreign relations committees with certain information concerning the nuclear weapons capacity of foreign countries; and (2) the Commander of the U.S. Strategic Command certifies to such committees that such reductions will not, among other things, impair the ability of the United States to address unplanned strategic or geopolitical events or technical challenges.
(Sec. 1058) Amends the NDAA for Fiscal Year 2012 to direct the President, beginning with FY2013, to certify to the defense and appropriations committees whether: (1) the construction of both the Chemistry and Metallurgy Research Replacement Building and the Uranium Processing Facility will be completed by no later than 2021, and (2) both facilities will be operational by no later than 2024. Provides that, if the President makes a positive determination with respect to such certification, then no funds available to DOD or NNSA for FY2012 or thereafter may be used to reduce nondeployed nuclear warheads until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1059) Expresses the sense of Congress that reducing the number of nuclear warheads on each U.S. intercontinental ballistic missile (ICBM) does not promote strategic stability if at the same time other nuclear weapon states including the Russian Federation and China are rapidly increasing the warhead-loading of their land-based missile forces.
Prohibits, during any year in which the President proposes to reduce the number of nuclear warheads on a U.S. ICBM, any funds made available to DOD or NNSA from being used for such reduction if it results in such missile having only a single nuclear warhead unless the President certifies to the defense and appropriations committees that the Russian Federation and China are also carrying out a similar reduction. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1060) Expresses U.S. policy with respect to: (1) the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe in light of the strategic and nonstrategic nuclear weapons threat from the Russian Federation; and (2) the extended U.S. nuclear deterrence commitment in Europe for purposes of NATO and U.S. allies.
Prohibits the use of DOD funds in FY2012 and thereafter to effect or implement the reduction, consolidation, or withdrawal (reduction) of U.S. nuclear forces based in Europe unless: (1) the reduction is requested by the government of the host nation, (2) the President makes a specified certification with respect to NATO agreement with the reduction or of a reciprocal reduction by the Russian Federation, or (3) the reduction is specifically authorized by an Act of Congress. Requires the President, upon a positive reduction determination, to notify the defense and foreign relations committees of such reduction, its justification, and how NATO-member states assess the credibility of the U.S. deterrence capacity in Europe. Prohibits the President from commencing such a reduction until 180 days after such certification.
(Sec. 1061) Requires the Chairman of the Nuclear Weapons Council (jointly operated by DOD and DOE) to disseminate to each Council member each meeting's agenda and documents at least seven days in advance. Makes the Council responsible for coordinating and approving annual NNSA budget proposals.
(Sec. 1062) Establishes the Interagency Council on the Strategic Capability of the National Laboratories to, among other things, identify and consider the adequacy of the science, technology, and engineering capabilities of the national laboratories. Requires an activities report from the Council to Congress.
(Sec. 1063) Directs the Commander of the U.S. Strategic Command to report to the defense, appropriations, and foreign relations committees on the underground tunnel network used by China as it relates to U.S. capability to use conventional and nuclear forces to neutralize such tunnels and what is stored there.
(Sec. 1064) Expresses the sense of Congress in support of reinforcing the security of U.S. allies and strengthening U.S. deterrent capability against the illegal and increasingly belligerent actions of North Korea. Requires a report from the Secretary to the defense and appropriations committees on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability there.
(Sec. 1065) Expresses the sense of Congress that the U.S. nuclear force structure should be periodically reexamined to assess assumptions that shape the structure, size, and targeting of such forces and to ensure that such forces are structured, sized, and targeted: (1) to be capable of holding at risk the assets that potential adversaries value, and (2) to provide robust extended deterrence and assurance to U.S. allies.
(Sec. 1065A) Amends the NDAA for Fiscal Year 2012 to require, in an annual report concerning the nuclear weapons stockpile and associated systems, a detailed estimate of the budget requirements associated with sustaining the nuclear deterrent of the United States and its nuclear weapons stockpile over the following 10-year period. Directs the CG to review each such report for accuracy and completeness, and report review results to the defense and appropriations committees.
(Sec. 1065B) Prohibits the President from unilaterally reducing U.S. deployed or non-deployed nuclear weapons below New START Treaty levels unless required by treaty or authorized by Congress.
(Sec. 1065C) Prohibits the obligation or expenditure of any DOD funds for FY2013 or thereafter to reduce, convert, or decommission any strategic delivery system below New START Treaty levels unless the President certifies to the defense committees that the Russian Federation: (1) will make a commensurate reduction, and (2) is not developing or deploying a strategic delivery system that is not covered by the New START Treaty and is capable of reaching the United States.
Subtitle F: Studies and Reports - (Sec. 1066) Directs the Secretary to provide to specified congressional committees a briefing on the DOD use of electromagnetic spectrum.
(Sec. 1067) Directs the Secretary to review and update DOD guidance related to electronic warfare to ensure that oversight roles and responsibilities related to electronic warfare policy and programs are clearly defined. Amends the NDAA for Fiscal Year 2010 to add in a required report information on electronic warfare strategy performance measures.
(Sec. 1068) Requires the Secretary to submit to the defense and appropriations committees the operational capabilities, limitations, and shortfalls within DOD with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces.
(Sec. 1069) Requires the Secretary to report to Congress describing any letters from Congress received by DOD that refer to or request information on the status of a military construction project on the future-years defense program.
(Sec. 1070) Establishes the Federal Mortuary Advisory Commission to advise the President, Congress, and the DOD and VA Secretaries on the best practices for casualty notification, family support, and mortuary affairs operations in order to ensure prompt notification and compassionate support for families who have lost servicemembers, and for the honorable and dignified disposition of remains of fallen servicemembers.
(Sec. 1070A) Directs the Secretary to submit to Congress an assessment of the U.S. manufacturing industry.
(Sec. 1070B) Directs the President to submit to Congress an estimate of the long-term costs of Operations New Dawn and Enduring Freedom under various scenarios based on the number of troop deployments in support of such Operations. Requires the President to make estimates and projections through at least FY2020. Requires specified information in such estimates and projections, including multiple deployments, the use of contractor and private security firms, and the number of veterans who served in such Operations that are now suffering from PTSD, TBI, other mental injuries, or other disabilities.
Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1071) Amends the Skelton Act to allow a member's mental health professional or commanding officer to inquire if the member owns any firearms or other weapons, if such professional or officer reasonably believes that the member is at high risk for suicide or causing harm to others.
(Sec. 1072) Authorizes the Secretary, in order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, to: (1) loan or donate excess small arms to such organization, (2) authorize the organization to retain small arms other than M-1 rifles, or (3) prescribe policies and procedures to establish a rotational loan program based on the organization's need.
(Sec. 1073) Prohibits funds from this Act from being used for manufacturing production beyond the greater of low-rate initial production or 1000 units at a prototype integration facility of specified components of the Army Research, Development, and Engineering Command. Authorizes a waiver of such prohibition by the Assistant Secretary of the Army for Acquisition, Logistics, and Technology for reasons of national security or to rapidly respond to combat emergencies.
(Sec. 1074) Directs the Secretary to collaborate with the Administrator of the Federal Aviation Administration (FAA) and the Administrator of the National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires the Secretary to report annually to Congress, until five years after the enactment of this Act, on the progress of collaborative research activity.
(Sec. 1075) Authorizes the Secretary to transfer surplus mine-resistant ambush-protected vehicles and their parts to non-profit U.S. humanitarian demining organizations. Requires 60 days' advance congressional notification before any such transfer.
(Sec. 1076) Prohibits FY2013 DOD funds from being used to divest, retire, or transfer any: (1) C-23 Army aircraft assigned to the Army as of May 31, 2012, or (2) Air Force aircraft assigned to the Air Force as of such date. Authorizes the Secretary to waive such limitation after certifying to the defense and appropriations committees that the waiver is necessary to meet an emergency national security requirement and waiting 15 days after such certification. Directs the Secretary to submit to such committees a report, submitted by the military department chiefs of staff and approved by the Secretary, that contains an economic analysis and alternative options with respect to all aircraft proposed to be retired during FY2013-FY2017. Requires the CG to carry out an economic analysis of realignment decisions made and alternative options considered by the Secretary with respect to such aircraft, and to submit such analysis to such committees.
(Sec. 1077) Prohibits any person from restricting a DOD civilian employee (under current law, only a member of the Armed Forces) from communicating with a Member of Congress or an Inspector General. Provides that such prohibition also precludes the use of a nondisclosure agreement to restrict communication, but allows the use of such agreements to prevent the disclosure of: (1) deliberations regarding the closure or realignment of a military installation under a base closure law, (2) commercial proprietary information, and (3) classified information exceeding the clearance level held by the requestor.
(Sec. 1078) Authorizes the Secretary of the Army to accept and use non-federal funds to construct a navigation project not specifically authorized by law if: (1) such Secretary has received a completed Chief of Engineers' report for the project, (2) the project is fully funded by non-federal sources, and (3) such Secretary finds that improvements to be made by the project are critical to navigation safety.
(Sec. 1079) Directs the Secretary of the Air Force to: (1) review the decision to cancel or consolidate the Air National Guard Component Numbered Air Force Augmentation Force, and (2) report review results to the defense and appropriations committees. Requires the CG to review such report and submit review results to such committees.
Subtitle H: Other Matters - (Sec. 1081) Establishes a bipartisan independent strategic review panel to conduct: (1) regular (every four years) reviews of the national defense strategic environment, and (2) an independent assessment of the currently-required quadrennial defense review. Requires panel reports after each such review: (1) to the defense and appropriations committees, the Secretary, and the National Security Council, with respect to the national defense strategic environment; and (2) such committees and the Secretary, with respect to quadrennial defense review assessments. Requires such panel to: (1) begin a review of the future of the Army relating to force structure and resource requirements, and (2) report review results to such committees and the Secretary.
(Sec. 1082) Directs the Secretary to notify the above committees upon determining that a report required by law to be submitted to Congress by a DOD official will not be submitted by the required date.
(Sec. 1083) Makes technical and clerical amendments to various prior national defense authorization Acts and federal provisions. Repeals certain expired provisions.
(Sec. 1084) Prohibits information acquired by a DOD unmanned aerial vehicle from being admitted in any court as evidence against a U.S. citizen unless such information was so obtained pursuant to a court order.
(Sec. 1085) Encourages surviving Air Raid Wardens and other volunteers of the U.S. Office of Civilian Defense during World War II to record and permanently preserve stories of their service for future generations.
(Sec. 1086) Requires the Secretary to post on the DOD public website the cost to each taxpayer of each of the wars in Afghanistan and Iraq.
(Sec. 1087) Amends the Stump Act to establish a minimum of 25 (under current law, 23) Weapons of Mass Destruction Civil Support Teams for a total of 57 (under current law, 55) Teams.
(Sec. 1088) Requires trial only by a military commission for any foreign national who: (1) engages or has engaged in an offense relating to a terrorist attack against persons or property in the United States or U.S. government personnel or property outside the United States, and (2) is subject to trial for that offense by a military commission under the Uniform Code of Military Justice (UCMJ).
(Sec. 1089) Directs the Secretary of the Interior to complete a study of water resources in the Rialto-Colton Basin, California, including: (1) a survey of groundwater resources in the Basin; and (2) a characterization of surface and bedrock geology of the Basin, including the effect of the geology on groundwater yield and quality. Requires such Secretary, upon study completion, to report results to the natural resources committees.
(Sec. 1090) Directs the Secretary of State to report to Congress on whether the Nigerian organization People Committed to the Propagation of the Prophet's Teachings and Jihad (Boko Haram) meets the criteria for designation as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon Nigeria's sovereignty to combat militant or terrorist groups operating inside its boundaries.
(Sec. 1091) Expresses the sense of Congress that, on the occasion of the 20th anniversary of the establishment of the Air Mobility Command, the people of the United States should: (1) recognize its role in the nation's defense; and (2) appreciate its leadership and the more than 134,000 active-duty, Air National Guard and Air Force Reserve, and DOD civilians that make up such Command.
(Sec. 1092) Amends the NDAA for Fiscal Year 2012 to require the inclusion, in an annual report required under such Act, of progress updates on data center consolidation goals achieved during the preceding fiscal year consistent with the framework outlined in the July 2011 Government Accountability Office (GAO) report to Congress.
(Sec. 1093) Expresses the sense of Congress that active-duty military personnel stationed or residing in the District of Columbia should be permitted to fully exercise their rights under the Second Amendment to the Constitution and be exempt from the District's restrictions on the possession of firearms.
(Sec. 1094) Provides a contingent effective date for this section and its amendments of either: (1) the enactment of an Act contemplated in section 201 of HC 112 that achieves at least the deficit reduction called for; or (2) similar legislation that at least offsets the outlay reductions flowing from the budget authority reductions as it applies to direct spending in the defense function for FY2013, as mandated under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide revised FY2013 discretionary spending and savings limits. Eliminates the FY2013 sequestration order for defense direct spending as issued by the President. Requires a report from the Secretary to the defense committees on the impact of the sequestration of FY2013 defense funds, if automatically triggered on January 2, 2013, as required under such Act.
(Sec. 1095) Authorizes the Director of the Defense Forensic Office to evaluate opportunities to increase the matching success rate when forensic data is collected during site exploitation to match forensic data stored in DNA databases. Requires a report from such Office to the defense and appropriations committees on its findings and solutions.
(Sec. 1096) Directs the Secretary to ensure that whenever the official flags of all 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands.
(Sec. 1097) Revises provisions of the United States Information and Educational Exchange Act of 1948 authorizing the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people and policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act.
Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to prohibit funds for the Department of State or the Board from being used to influence public opinion in the United States. (Under current law such provision applies to the United States Information Agency [USIA].) Applies such prohibition only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. States that such provision shall: (1) not prohibit the State Department or the Board from providing information about its operations, policies, programs, or program material, or making such information available to members of the media, public, or Congress; (2) not be construed to prohibit the State Department from engaging in any medium of communication on a presumption that a U.S. domestic audience may be exposed to program material; and (3) apply only to the State Department and the Board and to no other federal department or agency.
(Sec. 1098) Directs the President to submit to the defense and appropriations committees a charter to establish an interagency body or organization to coordinate and deconflict full-spectrum military cyber operations for the federal government. Requires the Secretary to submit to such committees dedicated budget documentation materials to accompany future budget submissions, including a DOD-wide budget estimate and detailed budget planning for such operations, in both classified and unclassified funding data.
(Sec. 1099) Directs: (1) the President to submit to Congress the final report from the National Security Council's Interagency Policy Committee on Security Sector Assistance; and (2) the Secretaries of Defense and State to submit to Congress a plan to institute mechanisms to better coordinate, document, disseminate, and share information analysis and assessments regarding U.S. foreign police assistance activities.
(Sec. 1099A) Expresses the sense of Congress that the United States Northern Command: (1) plays a crucial role in providing additional capability to state and local governments in domestic disaster relief and consequence management operations; (2) must continue to build upon its current efforts to develop command strategies, leadership training, and response plans; and (3) should leverage training and management expertise that resides within DOD, other federal agencies, state and local governments, and private sector business and academic institutions to enhance its defense support, disaster response, and response to unforeseen events.
(Sec. 1099B) Prohibits amounts appropriated pursuant to this Act for military musical units from exceeding $200 million.
(Sec. 1099C) Directs the Attorney General to: (1) initiate an investigation into possible violations of federal law related to leaks of sensitive information involving the military, intelligence, and operational capabilities of the United States and Israel; and (2) report to Congress on the status and progress of such investigation.
Title XI: Civilian Personnel Matters - Subtitle A: General Provisions - (Sec. 1101) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1102) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1103) Extends through FY2017 the authority for the direct hiring of individuals for certain federal acquisition programs when there is a severe shortage of qualified individuals or a critical hiring need.
(Sec. 1104) Amends the Hunter Act to extend through 2013 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1105) Requires the Secretary to notify the defense and appropriations committees at least 60 days before implementing any change in the policy regarding senior mentors.
Subtitle B: Interagency Personnel Rotations - (Sec. 1111) Interagency Personnel Rotation Act of 2012 - Establishes the Committee on National Security Personnel (Committee) within the Executive Office of the President. Establishes a Committee Board. Authorizes appropriations. Terminates the National Security Professional Development Integration Office within DOD. Transfers the functions of such Office to either the OMB or OPM, as determined by the Committee.
Requires the Committee to identify National Security Interagency Communities of Interest (ICIs) for purposes of carrying out this Subtitle and to provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is within a related agency or within an interagency body. Defines "ICI position" as a position that has significant responsibility in interagency activities related to national security or homeland security. Requires that participation in the rotational service be voluntary. Provides for appropriate participant training.
Requires the establishment of two ICIs, one for emergency management and one for stabilization and reconstruction.
Requires the Committee, every four years, to issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary to accomplish national security and homeland security objectives that require the integration of personnel and activities from multiple executive branch agencies.
Directs the CG to study the rotational service performed, and report study results to Congress.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to include small-scale military construction within authorized activities under a DOD program to build the capacity of foreign military forces to conduct counterterrorism and stability operations. Provides FY2013 limits on expenditures for such construction. Allows up to 20% of the FY2013 funds for all authorized activities to be used during FY2014, upon notification of the defense and appropriations committees.
(Sec. 1203) Amends the NDAA for Fiscal Year 2010 to extend through FY2015 DOD authority to enter into international defense personnel exchange agreements.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Afghanistan and Pakistan. Decreases the amount of such funding. Prohibits FY2013 reimbursements to Pakistan unless the Secretary submits to the defense and appropriations committees: (1) a report on conditions and caveats placed by Pakistan on the use of its supply routes, and (2) a certification of Pakistan's commitment in supporting counterterrorism operations and related matters.
(Sec. 1212) Amends the NDAA for Fiscal Year 2012 to allow operations and activities of the Office of Security Cooperation in Iraq using DOD funds to include training and assisting Iraqi Ministry of Defense personnel. Provides an FY2013 limitation on such funding. Requires the Secretary to submit a report on such Office to the defense, appropriations, and foreign relations committees.
(Sec. 1213) Amends the Skelton Act to extend through FY2013 DOD authority to use funds for former insurgent reintegration activities in Afghanistan. Reduces the FY2013 funding under such authority.
(Sec. 1214) Expresses the sense of Congress that the best security and force protection for U.S. Armed Forces garrisoned and housed in Afghanistan can be provided by U.S. military personnel as opposed to private security contractors or members of the Afghan Public Protection Force. Prohibits DOD funds from being used for providing such protection by private contractors of such Protection Force. Directs the President to ensure that a sufficient number of U.S. Armed Forces are trained and available to provide such security and force protection. Authorizes the President to waive the funding prohibition after certifying to Congress concerning the adequacy of private contractor or Protection Force protection. Directs the Secretary to report quarterly to the defense and appropriations committees on any attempted and successful attacks on U.S. personnel in Afghanistan by the Afghan National Security Forces, the Afghan Public Protection Force, and private security contractors.
(Sec. 1215) Directs the CG, within 180 days after any substantial update or modification to the campaign plan for Afghanistan, to report to the defense and appropriations committees on the updated or modified plan, including an assessment. Terminates the report requirement at the end of FY2014.
(Sec. 1216) Expresses the sense of Congress (among other things): (1) recognizing significant progress by U.S. and coalition forces toward security and stability in Afghanistan; (2) wishing to ensure that such progress is maintained as the United States transfers the lead for such security and stability to the Afghan National Security Forces; and (3) stating that the President should take certain actions to promote further stability and security in Afghanistan, including appropriate U.S. troop presence there in upcoming years. Directs the President to notify the defense and appropriations committees prior to any decision to reduce the number of U.S. Armed Forces deployed there below the number deployed as of the end of 2012 through 2014.
(Sec. 1217) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Pakistan Counterinsurgency Fund. Prohibits the obligation of more than 10% of such funding during FY2013 until 30 days after the Secretary submits to Congress an update on the strategy for utilizing Fund amounts, as well as metrics used to determine progress in Fund purposes.
(Sec. 1218) Amends the NDAA for Fiscal Year 2008 to require specified additional information within a report on progress toward security and stability in Afghanistan, particularly with respect to the literacy, recruitment, and training of Afghan National Army and Afghan National Police forces.
(Sec. 1219) Prohibits funds from the Pakistan Counterinsurgency Fund from being made available for the government of Pakistan until the Secretary certifies to the defense, appropriations, and foreign relations committees that Pakistan is demonstrating a continuing commitment toward implementing a strategy to counter improvised explosive devices. Authorizes the Secretary to waive such prohibition in the national security interest.
Subtitle C: Matters Relating to Iran - (Sec. 1221) Declares that it is the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon.
(Sec. 1222) Expresses the sense of Congress that: (1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize U.S. policy and resolve by enhancing U.S. military and allied forces readiness, as well as signaling Iran of the U.S. commitment to defend its vital national security interests; and (2) the President should augment the presence of the U.S. Fifth Fleet in the Middle East by conducting military readiness activities to underscore U.S. policy and resolve. Directs the Secretary to prepare and submit to the defense and appropriations committees a plan for such augmentation.
(Sec. 1223) Amends the NDAA for Fiscal Year 2010 to require an annual report on the military power of Iran to include an assessment by the Commander of the U.S. Central Command on any gaps in U.S. intelligence and military capabilities to counter Iranian threats or prevent its development of a nuclear weapon.
(Sec. 1224) Expresses the sense of Congress in support of specified action to assist in the defense of Israel, including joint missile defense systems, defense articles, intelligence, defense services, and additional weaponry and munitions for the forward-deployed U.S. stockpile in Israel. Directs the President to report to Congress on the status of Israel's qualitative military edge in light of current trends and instability in the region.
(Sec. 1225) Directs the Secretary to develop and submit to Congress: (1) a plan to enhance the military capabilities of Persian Gulf allies to bolster their posture in relation to Iran, and (2) a plan to increase the strategic partnership with regional allies to provide U.S. Armed Forces with the broadest set of geographic approaches to militarily access Iran.
(Sec. 1228) States that nothing in this Act shall be construed as authorizing the use of force against Iran.
Subtitle D: Reports and Other Matters - (Sec. 1231) Amends the NDAA for Fiscal Year 2000 to require the inclusion, in an annual report on military and security developments involving China, the strategy, goals, and capabilities of Chinese space programs and cyber activities. Requires the Commander of the U.S. Pacific Command to provide an assessment of any gaps in U.S. intelligence and military capabilities to counter challenges posed by China.
(Sec. 1232) Amends the NDAA for Fiscal Year 2012 to extend through 2013 a required report on military and security developments involving North Korea. Requires the Commander of the U.S. Pacific Command to assess any gaps in U.S. intelligence and military capabilities to counter threats from North Korea.
(Sec. 1233) Directs the Secretary, in each of 2013 through 2015, to report to the defense, appropriations, and foreign relations committees on the direct, indirect, and burden-sharing contributions made by host nations to support U.S. Armed Forces deployed in such country.
(Sec. 1234) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the authorization of appropriations for the NATO Special Operations Headquarters. Prohibits more than 50% of such FY2013 funds from being obligated or expended until 30 days after the Secretary finalizes and formalizes the U.S. Special Operations Command as the executive agent and lead component of such Headquarters.
(Sec. 1235) Directs the Secretary to report annually through 2015 on the export of missile defense technology to foreign countries that export space, counter-space, and ballistic missile equipment, material, and technology that could be used in other countries' space, counter-space, and ballistic missile programs.
(Sec. 1236) Prohibits FY2012-FY2013 DOD funds from being used to provide the Russian Federation with classified information regarding: (1) U.S. missile defense technology, including hit-to-kill technology; or (2) sensitive technical, warning, detection, tracking, targeting, telemetry, command and control, and battle management data that support U.S. missile defense capabilities. Prohibits any such funds from being used to provide the Russian Federation with access to missile defense technology or other technical data not described above until 30 days after the President has submitted to the defense and foreign relations committees: (1) a report concerning the specific technology or data to be provided, and (2) a certification concerning the security and protection of such technology or data and the presence of equitable access by the United States to such technology or data of the Russian Federation.
(Sec. 1237) Expresses the sense of Congress that any missile defense cooperation agreement between the United States and the Russian Federation should not be considered legally or politically binding unless it is specifically approved with the advice and consent of the Senate or specifically authorized by an Act of Congress. Provides the same requirements with respect to any agreement with a country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities. Directs the President to annually notify the defense, appropriations, and foreign relations committees whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in its missile defense capabilities, and (2) during any negotiations a Russian Federation representative suggested that a treaty or other agreement include restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe. Prohibits any DOD funds for FY2012 or thereafter from being used to implement a defense technology cooperation agreement between the two countries until 60 days after the President transmits such agreement to the defense and appropriations committees. Prohibits any FY2012-FY2013 DOD funds from being used to implement a missile defense agreement between the two countries until 30 days after the President submits to the defense and foreign relations committees the draft agreement discussed at Deauville, France, in May 2011.
(Sec. 1238) Prohibits DOD funds from being used to provide tear gas or other riot control items to the government of a country undergoing a transition to democracy in the Middle East or North Africa unless the Secretary certifies to the defense committees that the security forces of such government are not using excessive force to repress peaceful, lawful, and organized dissent.
(Sec. 1239) Requires the head of a federal department or agency with primary responsibility for carrying out a project to improve the infrastructure of a foreign country using overseas contingency operations funds, at least 60 days prior to project commencement, to submit to Congress a plan to carry out and sustain the project.
(Sec. 1240) Directs the President to carry out the sale of no fewer than 66 F-16C/D multirole fighter aircraft to Taiwan.
(Sec. 1240A) Prohibits the availability of funds for any institution or organization established by the United Nations Convention on the Law of the Sea, including the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf.
(Sec. 1240B) Authorizes and requests the President to end the permanent basing of U.S. military units in European member nations of NATO and to return the four brigade combat teams currently stationed there. States as the policy of the United States that the deployment of units there on a rotational basis satisfies U.S. commitments while appropriately addressing the current security environment in Europe.
(Sec. 1240C) Prohibits the use of funds for U.S. participation in joint military exercises with Egypt if the government of Egypt terminates or withdraws from the 1979 Israeli-Egypt peace treaty.
Subtitle E: Authority to Remove Satellites and Related Components and Technology From the United States Munitions List - (Sec. 1241) Authorizes the President to remove commercial satellites and related components and technology (items) from the United States Munitions List, consistent with requirements under the Arms Export Control Act, upon a determination that such removal does not impose an unacceptable risk to U.S. national security. Prohibits the transfer or export of any such items to China, Cuba, Iran, North Korea, Sudan, or Syria. Requires a report from the DNI to the defense, foreign relations, and intelligence committees on efforts of state sponsors of terrorism and other foreign countries or entitles to illicitly acquire such items.
(Sec. 1242) Directs the President to submit to specified committees a listing of all licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List.
(Sec. 1243) Amends the Arms Export Control Act to require, within a notification from the President to Congress of items to be removed from the United States Munitions List, an enumeration of such items and the nature of any controls to be imposed thereon under any other provisions of law.
(Sec. 1244) Directs the Attorney General and the Secretary of Homeland Security to submit to specified committees an assessment of the extent to which the terms and conditions of an exemption for foreign countries from the licensing requirements of the Commerce Munitions List contain strong safeguards.
(Sec. 1245) Directs the President to: (1) establish a program to provide for the end-use monitoring of exported munitions and related technical data on the Commerce Munitions List, and (2) report annually to Congress on actions taken to implement such monitoring.
(Sec. 1246) Requires the President to: (1) ensure that, as appropriate, the Secretaries of State, Defense, and Commerce and the DNI concur on all subsequent modifications to Category XV of the United States Munitions List (relating to spacecraft systems and associated equipment), and (2) report annually to the defense, foreign relations, and intelligence committees on the results of interagency reviews accompanying such modifications.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Prohibits the obligation or expenditure of any FY2013 CTR funds for CTR activities with the Russian Federation until 30 days after the Secretary certifies to the defense and foreign relations committees that: (1) Russia is no longer providing support to Syria's suppression of the Syrian people, or transferring to Iran, North Korea, or Syria equipment and technology for the development of weapons of mass destruction or ballistic missile systems controlled under multilateral control lists; or (2) CTR funding in Russia is strictly for project closeout activities and will not be used for new activities or activities extending beyond FY2013. Authorizes the Secretary to waive such prohibition in the national security interest, requiring a briefing of the above committees on the justification of such waiver.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, (6) the Defense Health Program, and (7) Army cemeterial expenses.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2013, to obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to include as an NDS objective the avoidance of a single point of failure in the acquisition of NDS materials in times of national emergency.
Subtitle C: Other Matters - (Sec. 1421) Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury.
(Sec. 1422) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1423) Authorizes appropriations for FY2013 for the Armed Forces Retirement Home.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
(Sec. 1523) Allows amounts for U.S. overseas contingency operations to be used only for an item or activity specified in the overseas contingency operations portion of the budget submitted to Congress by the President.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the Warner Act to apply to funds made available for such Fund for FY2013. Requires a monthly Fund obligation and expenditure report during FY2013 from the Secretary to the defense and appropriations committees. Makes amounts in such Fund available for monitoring, disrupting, and interdicting the movement of explosive device precursors from a country bordering Afghanistan to a location within Afghanistan.
(Sec. 1532) Amends the Skelton Act to extend into 2013 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Reduces the scope of authorized projects to those related to mining and natural resource industries in Afghanistan. Reduces FY2013 funding. Prohibits the obligation of any FY2013 funds until the Secretary notifies Congress that Task Force activities will be transitioned to the State Department by the end of FY2013.
(Sec. 1533) Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Prohibits any such funds from being obligated or expended for the Afghan Public Protection Force (APPF) until the Secretary makes a certification to the defense and appropriations committees relating to the contents of each subcontract for APPF services, or under any agreement between the United States and Afghanistan for services provided by the APPF. Outlines additional certification requirements relating to the training and performance of APPF personnel, including within areas of U.S. combat operations. Requires the Secretary to provide the defense and appropriations committees, during FY2013-FY2014, with quarterly assessments of the APPF.
Title XVI: Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Disestablishes the Defense Materiel Readiness Board, and closes the Defense Strategic Readiness Fund. Repeals a provision of the NDAA for Fiscal Year 2008 authorizing the Secretary to designate critical materiel readiness shortfalls.
(Sec. 1602) Requires each defense assessment of the effects of foreign boycotts to include a separate assessment of their effects on the U.S. national technology and industrial base.
(Sec. 1603) Authorizes the Secretary to establish and implement a pilot program to accelerate the development and fielding of research innovations from qualifying institutions having past performance in technology transition or commercialization of third-party research. Provides funding from DOD RDT&E funds. Requires a report from the Secretary to the defense and appropriations committees on the effectiveness of activities under the pilot program. Terminates the pilot program at the end of FY2017.
(Sec. 1604) Directs the Secretary to develop a national security strategy for the national technology and industrial base (NTIB). Adds as NTIB objectives: (1) ensuring reliable sources of materials that are critical to national security, and (2) reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts. Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP.
Subtitle B: Department of Defense Activities Related to Small Business Matters - (Sec. 1611) Directs the Secretary to establish a pilot program to assist in the growth and development of advanced small businesses (small businesses with fewer than twice the number of employees of as Small Business Administration [SBA] standard small businesses, or less than three times their average annual receipts). Prohibits such businesses from being eligible for any assistance provided under the Small Business Act or the Small Business Investment Act of 1958, unless specifically provided in the pilot program. Directs the Secretary to: (1) develop and issue guidance to implement the program; and (2) report annually, for the duration of the program, to the defense and small business committees. Terminates the program three years after the implementation guidance is issued.
(Sec. 1612) Directs the Secretary to develop and issue guidance to ensure that the head of each Office of Small Business Programs in DOD is a participant in DOD or military department requirements development and acquisition decision processes.
(Sec. 1613) Requires the Secretary to designate within each defense audit agency a Small Business Advocate to: (1) advise the director of that audit agency on all issues related to small businesses, (2) serve as that agency's primary point of contact and information source for small businesses, (3) collect relevant data and monitor that agency's conduct of audits of small businesses, and (4) develop and implement processes and procedures to improve that agency's performance in the timeliness of audits of small businesses and its responsiveness to issues or matters raised by small businesses.
(Sec. 1614) Directs the Secretary to: (1) contract with a FFRDC to conduct an independent assessment of DOD's procurement performance related to small businesses, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 1615) Directs the Secretary to select an appropriate entity outside DOD to conduct an independent review and assessment of the transition of technologies developed by small businesses, such as those developed under the Small Business Innovation Research Program, into major weapon systems and major automated information systems for DOD. Requires an assessment report: (1) from the chosen entity to the Secretary, and (2) from the Secretary to the defense and appropriations committees.
(Sec. 1616) Amends the Inspector General Act of 1978 to direct the DOD Inspector General to conduct peer reviews of DOD audit agencies with and in such frequency as provided by government auditing standards established by the CG. Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review.
(Sec. 1617) Amends the Small Business Act to authorize the Secretary and the Secretary concerned to use up to 1% of funds available to each under the Small Business Innovation Research Program for administrative expenses of DOD's Commercialization Readiness Program.
Subtitle C: Matters Relating to Small Business Concerns - Part I: Procurement Center Representatives - (Sec. 1621) Amends the Small Business Act to replace the position of breakout procurement representative within SBA with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes.
(Sec. 1622) Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires SBA business opportunity specialists to have a Level I Federal Acquisition Certification in Contracting. Directs the CG to study, and report to the small business committees on, the relationship between the size and quality of the acquisition workforce and the federal government's ability to maximize the utilization of small business in federal procurement.
(Sec. 1623) Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement center representative in such planning processes and provide Director and representative access to all acquisition plans in development.
Part II: Goals for Procurement Contracts Awarded to Small Business Concerns - (Sec. 1631) Raises from 23% to 25% the governmentwide prime contract award goal for participation by small business concerns and makes the governmentwide subcontract participation award goal 40% for such businesses. Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories).
Requires the small business procurement goals established by the head of each federal agency participating in federal procurement contracts to: (1) be in the same format as the goals established by the President, (2) address both prime contract and subcontract awards, and (3) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the SBA Administrator in establishing agency goals, and (2) develop a plan for achieving agency goals.
(Sec. 1632) Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.
(Sec. 1633) Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires agency heads to ensure that performance evaluations of such individuals who are responsible for acquisition include consideration of the agency's success in achieving small business contracting goals and percentages.
Part III: Mentor-Protege Program - (Sec. 1641) Authorizes the SBA Administrator to establish a mentor-protege program for all small businesses. (Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8(a) guaranteed loan program.) Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it. Requires the Administrator to approve or disapprove a plan based on whether the proposed program: (1) will assist proteges to compete for federal prime contracts and subcontracts, and (2) complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts. Requires annual reports from the Administrator to the small business committees concerning such programs.
(Sec. 1642) Directs the CG to conduct a study to: (1) update a study required under the Small Business Jobs Act of 2010 concerning mentor-protege programs for small businesses participating in the SBA section 8(a) guaranteed loan program, (2) examine whether potential affiliation issues between mentors and proteges under prior programs have been resolved by the date of enactment of this Act, and (3) examine whether the regulations issued pursuant to the Small Business Act have increased opportunities for mentor-protege pairs and decreased the paperwork required for such pairs participating in programs at multiple agencies.
Part IV: Transparency in Contracting - Subpart A: Limitations on Subcontracting - (Sec. 1651) Places, subject to stated exceptions, limits on subcontracting expenditures, including prohibiting a small business receiving a guaranteed loan through the SBA from expending: (1) more on subcontractors than 50% of the loan amount received in the case of a contract for services, and (2) more on supplies than 50% of the loan amount received, less the cost of materials, in the case of a contract for services. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver.
(Sec. 1652) Provides penalties for violations of the above limitations.
Subpart B: Subcontracting Plans - (Sec. 1655) Requires each subcontracting plan submitted to federal agencies to contain assurances that the offeror or bidder will: (1) report on subcontracting activities throughout the life of the contract, and (2) cooperate with any study or survey required by the federal agency or SBA to determine the extent of compliance with the subcontracting plan. Directs the Administrator to ensure that the federal subcontracting reporting system to which such reports are submitted is modified to notify the Administrator, the appropriate contracting officer, and the appropriate Director of Small and Disadvantaged Business Utilization if an entity fails to submit a required report. Makes such failure a breach of contract for which appropriate action may be taken.
Provides that if an agency procurement center or commercial market representative determines that a subcontracting plan fails to provide the maximum practicable opportunity for small businesses to participate, such representative may delay acceptance of the plan for a 30-day period for plan alteration.
Subpart C: Publication of Certain Documents - (Sec. 1658) Allows a federal agency to convert a function from performance by a small business to performance by a federal employee only if the agency has made publicly available the procedures and methodologies for such a decision.
Part V: Small Business Concern Size Standards - (Sec. 1661) Requires the Administrator, in conducting a rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry.
Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industrial Classification codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.
Part VI: Contract Bundling - (Sec. 1671) Consolidates SBA provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Requires the Procurement Activity (Activity) of a federal department or agency (agency), at least 45 days prior to the issuance of a solicitation, to provide to that Activity's procurement center representative a copy of the proposed procurement together with, among other things, the number of small businesses that could be excluded from bidding if the contract is a bundled contract. Requires the Administrator, in the case of a previously bundled contract that is to be recompeted as a bundled contract, to determine, among other things, the amount of savings and benefits achieved under the bundling. Requires a procurement center representative who believes that a procurement as proposed will render small business prime contract participation unlikely to recommend to the Activity alternative procurement methods to increase small business contracting opportunities.
Requires the head of an agency, before proceeding with an acquisition strategy that could lead to a bundling of contract requirements, to conduct market research to determine whether bundling is necessary and justified. Prohibits an agency head from carrying out an acquisition strategy that includes bundled contracts valued in excess of certain thresholds unless the senior procurement executive for such agency certifies to the agency head that steps will be taken to include small businesses in the acquisition strategy prior to its implementation. Allows a small business, in the case of a bundled contract, to submit an offer that provides for the use of a team of subcontractors for contract performance.
Directs the Administrator to develop and maintain a database of information on each bundled contract awarded by an agency and each small business displaced as a prime contractor as a result of such award.
Requires annual reports from the Administrator to the small business committees on federal contract bundling, including cost savings and impact on small businesses.
Requires: (1) each federal agency to include in each solicitation for any multiple award contract above certain thresholds a provision soliciting bids from any responsible source, including small businesses and teams or joint ventures of small businesses; and (2) the Federal Acquisition Regulatory Council to establish and publish a government-wide policy regarding contract bundling.
(Sec. 1672) Repeals redundant contract bundling provisions and makes technical amendments.
Part VII: Increased Penalties for Fraud - (Sec. 1681) Provides that in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a licensed attorney who is not an employee of the defendant. Requires the Administrator to: (1) issue rules defining an advisory opinion for such purposes, and (2) issue a compliance guide to assist businesses in accurately determining their small business status.
(Sec. 1682) Establishes in the SBA an Office of Hearings and Appeals, headed by a Chief Hearing Officer, which shall: (1) impartially decide matters where Congress designates that a hearing on the record is required or which the Administrator designates by regulation or otherwise, and (2) contain the SBA's Freedom of Information/Privacy Acts Office.
(Sec. 1683) Includes as a misrepresentation, for SBA purposes, any misrepresentation established by a preponderance of the evidence (in the case of debarment) or adequate evidence (in the case of suspension). Directs the Administrator to publish on the SBA website the standard operating procedures for such debarments and suspensions.
(Sec. 1684) Directs the Administrator to report annually to the small business committees on debarment and suspension actions.
Part VIII: Offices of Small and Disadvantaged Business Units - (Sec. 1691) Requires each Director of Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at least at the GS-15 rate. Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and (5) reporting annually to the small business committees on the provision of small business and contract specialist training.
(Sec. 1692) Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices.
Part IX: Early Stage Small Business Contracting - (Sec. 1693a) Directs the Administrator to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (no more than 15 employees and average annual receipts of no more than $1 million). Requires the Administrator to identify appropriate federal procurement contracts for award under the program. Allows a contracting officer to award: (1) a sole source contract under the program if an entity is determined to be a responsible contractor and the officer does not reasonably expect that two or more early stage businesses will submit offers, and (2) contracts on the basis of competition restricted to early stage businesses if the officer reasonably expects that at least two early stage businesses will submit offers and that the award can be made at a fair market price. Requires all program contract awards to be counted toward goals for small business participation in federal procurement contracts.
Part X: Other Matters - (Sec. 1695) Raises the maximum surety bond amount under SBA contracts from $2 million to $6.5 million. Authorizes the Administrator to guarantee a surety for a total work order or contract amount of up to $10 million, if a contracting officer of a federal agency certifies that such a guarantee is necessary. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or misrepresentation by the surety or breach of a material term or condition of the guarantee agreement.
(Sec. 1696) Prohibits any DOD function performed by DOD civilian employees and tied to a certain military base from being converted to contractor performance until the Secretary determines whether DOD has carried out sufficient outreach programs to assist small businesses within the area that are owned and controlled by women and socially and economically disadvantaged individuals.
(Sec. 1697) Prohibits DOD funds from being used for contracting procedures that do not give small businesses owned and controlled by veterans any available federal preference.
Title XVII: End Trafficking in Government Contracting - End Trafficking in Government Contracting Act of 2012 - (Sec. 1703) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions.
(Sec. 1704) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will substantially be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
(Sec. 1705) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate such allegations and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.
(Sec. 1706) Requires each such officer to require a recipient to immediately inform the appropriate Inspector General of credible evidence of the recipient's violation of anti-trafficking requirements, and to fully cooperate in any subsequent audit, investigation, or corrective action.
(Sec. 1707) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly, and with intent to defraud, recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 1708) Requires the inclusion, in an annual report from the Attorney General to Congress on the implementation of federal anti-trafficking requirements, of all trafficking in persons activities of contractors reported to the Under Secretary.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Army to carry out certain prior-year Army National Guard and reserve military construction projects.
(Sec. 2613) Extends certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
Subtitle B: Other Matters - (Sec. 2711) Replaces the Department of Defense Base Closure Accounts 1990 and 2005 with a single Department of Defense Base Closure Account. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law. Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires a report from the Secretary to the defense and appropriations committees after each year in which the Secretary utilizes Account funds, as well as a final report when such Account is closed.
(Sec. 2712) Directs the Secretary of the Air Force to retain an Air Armament Center at Eglin Air Force Base, Florida, with the same mission elements, responsibilities, and capabilities as existed upon completion of the recommendations of the 2005 Base Closure and Realignment Commission regarding such installation, until such elements, responsibilities, and capabilities are modified pursuant to current or subsequent law.
(Sec. 2713) Prohibits anything in this Act from being construed as authorizing an additional base closure and realignment round and prohibits any of the funds appropriated pursuant to an authorization in this Act from being used to propose, plan for, or execute an additional round.
(Sec. 2714) Requires the Secretary or the Secretary concerned, before taking any action with respect to the closure or realignment of a military installation affecting a specified number or percentage of DOD civilian personnel, to notify the defense committees of the anticipated continuing need for and availability of military bases outside the United States.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Requires the commander of each military installation to 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.
(Sec. 2802) Directs each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during the sustainment phase of the project following completion of construction or renovation of the housing units. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing.
(Sec. 2803) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 1994 to extend through FY2013 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2804) Designates as military construction projects (and therefore subject to advance-project authorization requirements and annual Acts authorizing military construction projects) the following construction projects of the NNSA: (1) any project to build a nuclear facility, initiated on or after October 1, 2013, that is estimated to cost in excess of $1 billion and intended to support NNSA nuclear weapons activities; (2) the Chemistry and Metallurgy Research Building Replacement project, Los Alamos, New Mexico; and (3) the Uranium Processing Facility project, Oak Ridge, Tennessee. Authorizes the Secretary to acquire real property and carry out military construction projects at the Los Alamos and Oak Ridge locations. Transfers such constructed facilities to the NNSA Administrator. Expresses the sense of Congress that during FY2014 and thereafter, the budgetary authority provided by the Secretary to such Administrator should be reduced by the amounts needed to fund the design and construction of the Los Alamos and Oak Ridge projects.
(Sec. 2805) States that it is the policy of the United States to create and sustain the capability to produce plutonium pits for nuclear weapons and to ensure sufficient plutonium pit production capacity to respond to technical challenges in the existing nuclear weapons stockpile or geopolitical developments. Expresses the sense of Congress that: (1) successful and timely construction of the Los Alamos Chemistry and Metallurgy Research Building facility is critical to achieving the above policy; (2) prior-year funds for such facility should be applied to continue design and construction in FY2013; and (3) during FY2014 and thereafter, the budgetary authority provided by the Secretary to the NNSA Administrator should be reduced by the amount needed to fund the design and construction of such facility under DOD military construction authorities. Directs the Secretary to request such funding for FY2014 and thereafter. Prohibits the obligation or expenditure of funds on any activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capacity of such facility by 2024.
(Sec. 2806) Prohibits the Secretary or the Secretaries of the military departments, when awarding a construction contract on behalf of the government, from: (1) requiring or prohibiting bidders, offerors, contractors, or subcontractors (entities) to enter into or adhere to agreements with one or more labor organizations; and (2) discriminating against or giving a preference to any such entities based on their entering or refusing to enter into such an agreement.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary concerned to accept services from a nonprofit entity in support of a military museum program and allows such Secretary to lease real and personal property of a military museum program to a nonprofit entity for program purposes.
(Sec. 2812) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
(Sec. 2813) Provides indemnification for transferees of property at any closed military installation any time after October 24, 1988 (the date of enactment of the Defense Authorization Amendments and Base Closure and Realignment Act).
(Sec. 2814) Prohibits the Secretary concerned, after 120 days after the enactment of this Act, from permitting a person 18 years old or older to enter a military installation in the United States unless such person presents a valid: (1) federal or state government issued photo identification card, (2) Common Access card, or (3) uniformed services identification card. Provides an exception with respect to foreign passports for persons visiting such installation or a member or civilian employee. Directs the Secretary concerned to confiscate any expired or fraudulent forms of identification and to keep a list and inform the personnel of any other military installation in that state of any person who attempted to enter such installation without valid identification. Requires the Secretary of Defense to identify minimum procedural requirements to authenticate such forms of identification.
(Sec. 2815) Directs the Secretary to submit to the defense and appropriations committees a plan to protect defense critical assets and critical equipment at military installations from the adverse effects of electromagnetic pulse and high-powered microwave weapons. Requires the Secretary, in preparing the plan, to use the guidance and recommendations of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, as outlined in the Spence Act.
Subtitle C: Energy Security - (Sec. 2821) Requires congressional notification of any transaction or contract for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department if the term of the transaction or contract exceeds 20 years.
(Sec. 2822) Amends the MCAA for Fiscal Year 2012 to continue for FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
(Sec. 2823) Allows DOD to use for energy security the energy cost savings resulting from shared energy savings contracts.
(Sec. 2824) Includes direct solar renewable energy within the definition of "renewable energy source" for purposes of DOD energy security.
Subtitle D: Provisions Related to Guam Realignment - (Sec. 2831) Authorizes the Secretary to assist the government of Guam in meeting the costs of providing increased municipal services and facilities as a result of the realignment of military installations and the relocation of military personnel on Guam (the Guam realignment), as long as the Secretary determines that Guam will incur an unfair and excessive financial burden in the absence of such assistance. Authorizes the Secretary to take appropriate actions to mitigate significant impacts of the Guam realignment. Provides funding. Requires the Secretary to submit six-month progress reports to the defense committees. Terminates assistance authority at the end of FY2020.
(Sec. 2832) Prohibits a firing range on Guam from being established until the Secretary certifies to the defense and appropriations committees a national security need for such range related to the readiness of Armed Forces assigned to the U.S. Pacific Command.
(Sec. 2833) Amends the MCAA for Fiscal Year 2012 to repeal certain conditions prior to the use of DOD funds for Guam realignment.
Subtitle E: Land Conveyances - (Sec. 2841) Amends the MCAA for Fiscal Year 2012 to authorize the Secretary of the Interior (under current law, the Secretary of the Air Force) to complete a land conveyance and exchange at Joint Base Elmendorf Richardson, Alaska.
(Sec. 2842) Amends the MCAA, 1987 to allow the Secretary of the Navy to enter into long-term leases of real property within the Broadway Complex of the Department of the Navy, San Diego, California.
(Sec. 2843) Authorizes the Secretary of the Army to convey to: (1) the village of Lordstown, Ohio, specified real property containing the John Kunkel Army Reserve Center, to be used for public purposes; and (2) the Texas Parks and Wildlife Department specified real property at Fort Bliss, Texas, for the establishment and operation of a state park.
(Sec. 2845) Amends the MCAA for Fiscal Year 2005 to allow an additional post-transfer use with respect to a land conveyance at Fort Hood, Texas.
(Sec. 2846) Directs the Secretaries of the Army and the Interior to enter into a specified land exchange involving the Fort Lee Military Reservation and the Petersburg National Battlefield (Virginia).
Subtitle F: Other Matters - (Sec. 2861) Allows religious symbols to be included as part of a military memorial: (1) that is established or acquired by the federal government; or (2) for which the American Battle Monuments Commission cooperated in establishing.
(Sec. 2862) Redesignated the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 2863) Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington (D.C.) Navy Yard for a memorial to honor members who have served as divers, as long as such Secretary has exclusive authority to approve the design and site.
(Sec. 2864) Directs the Secretary of the Army to permit the Gold Star Mothers National Monument Foundation to establish a Gold Star Mothers National Monument in or near Arlington National Cemetery to commemorate the sacrifices made by mothers and made by their sons and daughters who make the ultimate sacrifice in defense of the United States.
(Sec. 2865) Designates the training and support complex at Fort Bragg, North Carolina, as the Colonel Robert Howard Training and Support Complex.
(Sec. 2866) Designates the electrochemistry engineering facility on Naval Support Activity Crane, Indiana, as the John Hostettler Electrochemistry Engineering Facility.
(Sec. 2867) Directs the Secretary of the Air Force to retain the core functions of: (1) the Electronic Systems Center at Hanscom Air Force Base, Massachusetts, with the same integrated mission elements, responsibilities, and capabilities as existed on November 1, 2011, until such time as such elements, responsibilities, and capabilities are modified pursuant to a base closure law; and (2) the Air Force Materiel Command at Wright-Patterson Air Force Base, Ohio, as existed on November 1, 2011, until such core functions are modified pursuant to a base closure law.
(Sec. 2869) Authorizes the Secretary of the Air Force to enter into discussions with the Massachusetts Institute of Technology for a project to improve and modernize the Lincoln Laboratory Complex at Hanscom Air Force Base, Massachusetts.
(Sec. 2870) Prohibits the Secretary of the Navy from obligating or expending funds for the transfer of land or development of a new training range on land adjacent to the Marine Corps Ground Air Combat Center Twenty Nine Palms, California, until such Secretary reports to the defense and appropriations committees on the Marine Corps' efforts with respect to the proposed training range. Authorizes the Secretary of Defense to waive the report requirement in the event of urgent national need.
(Sec. 2871) Directs the Secretary of the Air Force to retain the core functions of the air traffic control station at Johnstown Air National Guard Base, Pennsylvania, with the same elements, responsibilities, and capabilities as existed on November 1, 2011, until such elements, responsibilities, and capabilities are modified under federal base closure and realignment provisions or related subsequent law.
(Sec. 2872) Requires the Secretary, in calculating the number of military and civilian personnel to be reduced at a military installation, to take into consideration both direct and indirect reductions. Directs the Secretary to include, in a required congressional notification of any such reduction of more than 1,000 personnel, a reduction justification and evaluation of its costs and benefits, as well as the local economic, environmental, strategic, and operational consequences. Requires a reduction waiting period of 90 (currently, 21) days following the notification. Allows such notifications to be submitted only as part of the annual defense budget justification materials.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations outside the United States. Authorizes appropriations for fiscal years after 2012 for such purpose.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2013 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to prohibit, as of 180 days after the enactment of this section, the total number of full-time equivalent employees in the Office of the NNSA Administrator from exceeding 1,730. Prohibits such number from exceeding 1,630 as of October 1, 2014. Provides exclusions to such employee limits. Authorizes the Administrator to offer voluntary separation or retirement incentives to meet such limits, and requires t he Administrator to establish a work placement program to assist displaced employees. Increases from 300 to 450 the number of excepted NNSA positions. Requires an interim and final report from the Administrator to the defense and appropriations committees on the implementation of such limitations and related matters.
(Sec. 3112) Directs the Administrator, within budget justification materials, to include an assessment of how the budget maintains the core nuclear weapons skills of the NNSA, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.
(Sec. 3113) Directs the Administrator to establish a system of governance, management, and oversight of any contractors who enter into a management and operating contract with NNSA (covered contractors). Requires the system, among other things, to: (1) include clear and auditable performance-based standards; (2) ensure that such governance, management, and oversight is conducted pursuant to national and international standards and best practices; and (3) conduct oversight based on outcomes and performance-based standards rather than transaction-based oversight (with an authorized exemption for purposes of national security or the safety, security, or performance of NNSA). Requires annual reports from the Administrator to the defense and appropriations committees, in each of 2013 through 2016, on any NNSA deviation from such governance, management, and oversight requirements.
(Sec. 3114) Replaces provisions directing the Secretary of Energy (Secretary, for purposes of this Division) to provide a management structure for nuclear weapons production facilities and laboratories with a provision requiring the Administrator to establish a management structure for the nuclear security enterprise. Directs the Administrator to establish the National Nuclear Security Administration Council to: (1) advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and (2) make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency.
(Sec. 3115) Directs the Administrator to establish policies and procedures to ensure the protection of special nuclear material and other sensitive physical assets of the NNSA and to ensure prompt reporting of any significant problem, abuse, violation, or deficiency relating to such protection.
Requires the Administrator to ensure NNSA compliance with all applicable occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970 and to conduct oversight to ensure compliance with best industry and government practices for meeting such standards. Authorizes the Administrator to waive such standards when necessary to ensure safety. Requires the Administrator to waive such requirements for operations involving beryllium. Requires a report from the Administrator to the defense and appropriations committees including an implementation plan to fully transition the policy, regulatory, and oversight authority for the nuclear safety of the nuclear security enterprise from the DOE to the NNSA.
(Sec. 3116) Amends the Atomic Energy Defense Act to direct the Administrator to develop and carry out a plan for the national security laboratories and nuclear weapons production plants to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield.
(Sec. 3117) Directs the Secretary and the Administrator to: (1) revise the DOE Acquisition Regulation and other appropriate regulations, orders, and policies in order to improve and streamline the administration, execution, and oversight of DOE and NNSA missions and operations; and (2) brief the defense and appropriations committees on the revised regulations, orders, and policies.
(Sec. 3118) Prohibits the Administrator, during FY2012-FY2017, from releasing a final request for proposal for competition of any contract to manage and operate a NNSA facility until after reporting to the defense and appropriations committees on costs relating to such competition and related matters. Directs the CG to review such report and submit review results to such committees.
(Sec. 3119) Prohibits the obligation or expenditure of more than 50% of the funds authorized for fusion ignition under the Inertial Confinement Fusion Ignition and High Yield Campaign until the Administrator: (1) certifies to the defense and appropriations committees that fusion ignition has been achieved at the National Ignition Facility at Lawrence Livermore National Laboratory, or (2) submits to such committees a detailed report on fusion ignition. Provides two exceptions to the funding limit.
(Sec. 3120) Limits the obligation or expenditure of funds authorized for the Global Security through Science Partnerships Program until the Secretary submits to the defense and foreign relations committees a plan to complete such Program by the end of 2015 or, in the alternative, a justification for Program continuance.
(Sec. 3121) Limits the obligation or expenditure of funds authorized for the United States-China Center of Excellence on Nuclear Security until the Secretary certifies to the above committees that existing and planned non-proliferation activities undertaken with China are not contributing to the proliferation to other nations of nuclear weapons development and technology.
(Sec. 3122) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
(Sec. 3123) Prohibits the obligation or expenditure of any FY2013 defense nuclear nonproliferation (DNN) funds for DNN activities with the Russian Federation until 30 days after the Secretary certifies to the defense and foreign relations committees that: (1) Russia is no longer providing support to Syria's suppression of the Syrian people, or transferring to Iran, North Korea, or Syria equipment and technology for the development of weapons of mass destruction or ballistic missile systems controlled under multilateral control lists; or (2) DNN funding in Russia is strictly for project closeout activities and will not be used for new activities or activities extending beyond FY2013. Authorizes the Secretary to waive such prohibition in the national security interest, requiring a briefing of the above committees of the justification therefor.
Subtitle C: Improvements to National Security Energy Laws - (Sec. 3131) Amends the Atomic Energy Defense Act and the National Nuclear Security Administration Act to make organizational changes, revise responsibilities and terminology, repeal expired provisions, and make technical and clerical amendments.
(Sec. 3135) Repeals reporting requirements under the NDAA for Fiscal Year 2010 and the Atomic Energy Defense Act.
Subtitle D: Reports - (Sec. 3141) Directs the Secretary and the Administrator, as appropriate, to notify the defense, appropriations, and energy committees within 15 days after a nuclear criticality incident resulting from an NNSA or defense environmental cleanup program that results in an injury or fatality or in the partial or complete shut-down of the facility. Requires a record of such incidents to be maintained. Directs such officials to report to such committees on any such incidents during the previous 10-year period.
(Sec. 3142) Requires the director of the appropriate national laboratory, before proceeding beyond phase 6.2 activities with respect to any (nuclear weapon) lifetime extension program, to report to the defense and appropriations committees on the extension option selected for such program.
(Sec. 3143) Directs: (1) the Administrator to contract with the National Academy of Sciences (NAS) to conduct a study of peer review and design competition related to nuclear weapons, (2) the NAS to submit study results to the Administrator, and (3) the Administrator to submit study results and recommendations to the defense committees.
(Sec. 3144) Requires the Administrator, in each of 2013 through 2015, to report to the defense and foreign relations committees on the budget, objectives, and metrics of NNSA defense nuclear nonproliferation programs.
(Sec. 3145) Directs the Administrator to submit to the defense and appropriations committees a study of plutonium pits, including their availability and reuse in future life extension programs.
(Sec. 3146) Directs: (1) the Administrator to commission an independent assessment regarding the transition of the national security laboratories to multi-agency federally funded research and development centers with direct sustainment and sponsorship by multiple national security agencies, and (2) the commissioned entity to report assessment findings to the Administrator and the defense and appropriations committees.
Subtitle E: Other Matters - (Sec. 3151) Requires the Administrator and Secretary to ensure that the methods for assessing, certifying, and overseeing nuclear safety at specified defense nuclear laboratories and production facilities use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment when sufficient data exists.
(Sec. 3152) Amends the NDAA for Fiscal Year 1998 to prohibit any individual from taking any action against a director of a national security laboratory or nuclear weapons production facility, a member of the Joint Nuclear Weapons Council, or the Commander of the U.S. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: (1) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or (2) the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces. Authorizes each such official to deliver classified information to Congress with respect to such matters.
(Sec. 3153) Authorizes the Secretary, in conjunction with the Secretary of Defense or the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
(Sec. 3154) Directs the Secretary of Defense, to help inform the life extension decisions made by the Nuclear Weapons Council, to assess the cost of options and alternatives for new life extension programs and for new nuclear facilities estimated to cost more than $500 million. Requires such Secretary and the Administrator to jointly report assessment results to the defense and appropriations committees.
(Sec. 3155) Directs the Secretaries of Defense and Energy to jointly: (1) assess the annual plutonium pit production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal, and (2) report assessment results to the defense and appropriations committees. Requires assessment updates as necessary.
(Sec. 3156) Authorizes the Secretary to use specified FY2013 defense nuclear nonproliferation funds for the development and demonstration of domestic national security-related uranium enrichment activities. Requires the Secretary to certify the necessity of such funding to the defense and appropriations committees.
(Sec. 3157) Expresses the sense of Congress that the Administrator should ensure that fixed and performance-based fees contained in national security laboratory management and operating contracts are as low as possible to maintain a focus on national service while attracting high-quality contractors and achieving the goals of the contract competition.
(Sec. 3158) Authorizes the Secretary to carry out a two-year, competitively awarded pilot program involving one nonprofit entity and a national laboratory for the purpose of accelerating technology transfer from national laboratories to the marketplace. Requires an initial and final pilot program report from the Secretary to the defense and science committees.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Amends the Atomic Energy Act of 1954 to give each member of the Defense Nuclear Facilities Safety Board equal responsibility and authority in establishing decisions and determining actions of the Board regarding recommendations, budgets, senior staff, hearings and witnesses, investigations, subpoenas, and setting policies and regulations governing Board operations. Revises the Board's mission. Requires each member to be provided funds to employ at least one technical advisor who is not subject to the appointment, direction, or supervision of the Board chairman.
Revises Board recommendation requirements, directing the Board to provide draft recommendations to the Secretary of Energy, who shall have 45 days to comment. Allows the Board, after such comment period, to formalize and publish the recommendation in the Federal Register and seek public comment. Allows the Secretary 60 days after such publication to either accept or reject the recommendation, and to publish a statement of the reasons for such action in the Federal Register. Provides that if a recommendation is: (1) rejected, the Board may transmit a notification thereof to the defense committees; and (2) accepted, the Secretary would be required to submit an implementation plan to the Board. Requires the Board, when submitting a recommendation concerning an imminent or severe threat to public health and safety, to provide recommendation comments to the President.
Requires: (1) certain Board reports to be provided to the defense committees, and (2) the Board to enter into an agreement with a federal agency to procure the services of that agency's Inspector General.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2013 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2013 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet (NDRF), (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Spence Act to make the appropriate version of the Federal Acquisition Regulations to be applied to a contract for the purchase of recycling services the one in effect at the time of contract award.
(Sec. 3503) Limits NDRF vessels to those of 1,500 tons or greater, but allows the Secretary to include others as appropriate.
(Sec. 3504) Authorizes the MA to donate excess fuel and shipboard and marine equipment on NDRF vessels to state maritime academies for instructional purposes. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.
(Sec. 3506) Allows all federal entities to transfer vessels to the NDRF, without reimbursement, subject to the approval of the Secretaries of Transportation and the Navy with respect to Ready Reserve Force vessels, and the Secretary of Transportation with respect to all other vessels.
(Sec. 3507) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to conduct sea trials on NDRF vessels when determined necessary (under current law, at least once every 30 months).
(Sec. 3508) Authorizes the Secretary to extend existing Maritime Security Program operating agreements through FY2025. Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants.
(Sec. 3509) Amends federal shipping laws that require a determination by the MA Administrator regarding the non-availability of qualified U.S. flag capacity to meet national defense requirements before the head of an agency responsible for the administration of navigation or vessel-inspection laws is authorized to waive compliance with such laws when it considers it necessary in the interest of national defense. Requires the Administrator, in making such determinations, to: (1) identify any actions that could be taken to enable such flag capacity to meet the national defense requirements, (2) provide each such determination to the Secretary and the head of the agency for which the determination is made, and (3) publish each such determination on the Department of Transportation (DOT) Internet site within 48 hours after it is provided to the DOT Secretary. Requires the Secretary to notify the defense, appropriations, and transportation committees within 48 hours after receiving any request for a waiver of such navigation or vessel-inspection laws, and to so notify within 48 hours after the issuance of such a waiver.
(Sec. 3510) Expresses the sense of Congress that the Secretary of Defense should expedite completion of the study of U.S. strategic ports called for in the conference report accompanying the NDAA for Fiscal Year 2012 so that it can be submitted to Congress before September 30, 2012. Requires such study results to be submitted to the CG, who shall assess such report and submit assessment results to the defense and appropriations committees. Directs the CG to subsequently: (1) conduct a study of DOD programs and efforts related to the state of strategic ports with respect to DOD's operational and readiness requirements, and (2) report study results to such committees.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement, including procurement for overseas contingency operations; (2) RDT&E, including RDT&E for overseas contingency operations; (3) O&M, including O&M for overseas contingency operations; (4) military personnel and military personnel for overseas contingency operations; (5) other authorizations, including for contingency operations; (6) military construction, including for overseas contingency operations; and (7) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2013 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2013 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of airframes for CH-47F helicopters.
(Sec. 112) Directs the Secretary of the Army, for six years beginning in 2012, to report to the congressional defense and appropriations committees on Army time-sensitive or mission-critical airlift requirements.
Subtitle C: Navy Programs - (Sec. 121) Prohibits the Secretary of the Navy, beginning October 1, 2012, from retiring or decommissioning a nuclear-powered ballistic missile submarine if such retirement or decommissioning would result in less than 12 submarines in the active or commissioned fleet. Provides an exception with respect to any such submarine that has been converted to carry exclusively non-nuclear payloads as of such date.
(Sec. 122) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend for an additional year incremental funding for the construction of Ford-class aircraft carriers.
(Sec. 123) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to allow the Secretary of the Navy to add a fifth production year to the multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G aircraft.
(Sec. 124) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of V-22 aircraft for the Navy, Air Force, and U.S. Special Operations Command.
(Sec. 125) Authorizes the Secretary of the Navy, beginning with the FY2013 program year, to enter into a multiyear contract for the procurement of up to 10 Arleigh Burke-class guided missile destroyers and associated systems.
(Sec. 126) Authorizes the Secretary of the Navy, beginning with the FY2014 program year, to enter into a multiyear contract for the procurement of up to 10 Virginia-class submarines and government-furnished associated equipment.
(Sec. 127) Earmarks specified FY2013 Navy shipbuilding and conversion funds for the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln.
(Sec. 128) Directs the Secretary of the Navy to report to the defense and appropriations committees on the designs of the Littoral Combat Ship (LCS).
(Sec. 129) Directs the Comptroller General (CG) to: (1) review Navy compliance with Code of Federal Regulations requirements in accepting the LCS, and (2) report to the defense and appropriations committees on the operational support and sustainment strategy for the LCS program.
(Sec. 130) Expresses the sense of Congress that the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship construction including amphibious class ships beginning with the LHA-8.
(Sec. 131) Expresses the sense of Congress that: (1) the Navy should consider prioritization of investment in, and procurement of, the next generation of amphibious assault ships; (2) such ships should maintain survivability protection level II in accordance with current Navy ship requirements; (3) commonality in hull form design could be a desirable element to reduce acquisition and life cycle cost; and (4) maintaining a robust amphibious shipbuilding industrial base is vital for future national security.
Subtitle D: Air Force Programs - (Sec. 141) Prohibits the Secretary of the Air Force, beginning October 1, 2011, from retiring more than six B-1 aircraft. Directs such Secretary to maintain in a common capability configuration at least 36 of such aircraft as combat-coded.
(Sec. 142) Amends the NDAA for Fiscal Year 2010 to reduce from 316 to 301 the required number of strategic airlift aircraft. Requires a report from the Commander of the U.S. Transportation Command to the defense and appropriations committees assessing the operational risk of meeting the steady-state and warfighting requirements of the combatant commands while maintaining an inventory of less than 301 strategic airlift aircraft.
(Sec. 143) Prohibits, after FY2013, any funds from this Act or otherwise available for the Air Force from being used to divest, retire, or transfer a C-27J aircraft until 180 days after: (1) the Director of the Congressional Budget Office (CBO) submits to the defense and appropriations committees a 40-year life-cycle cost analysis of such aircraft as well as the C-130H and J aircraft, and (2) related reports required under the NDAA for Fiscal Year 2012 are submitted to such committees.
(Sec. 144) Prohibits FY2013 Air Force funds from being used to terminate the C-130 avionics modernization program until 180 days after the Secretary of the Air Force has submitted to the defense and appropriations committees a C-130 upgrading and modernizing cost-benefit analysis.
(Sec. 145) Directs the: (1) Secretary of the Air Force to review the C-130 force structure, and report results to the defense and appropriations committees; and (2) CG to review such report, and report results to such committees.
(Sec. 146) Expresses the sense of Congress that the Air Force plan to commit to an annual production rate of launch vehicle booster cores should maintain mission assurance, stabilize the industrial base, reduce costs, and provide opportunities for competition. Prohibits the obligation of more than 10% of the funds available to the Air Force for FY2013 for the evolved expendable launch vehicle program until the Secretary of the Air Force submits to the defense, appropriations, and intelligence committees: (1) a report describing the program's acquisition strategy; and (2) a certification that such strategy maintains assured access to space, achieves substantial cost savings, and provides opportunities for competition. Requires the CG to review the report and submit results to such committees.
(Sec. 147) Authorizes the Secretary of the Air Force to procure two space-based infrared systems through a fixed-price contract. Allows the Secretary, under such contract, to use incremental funding for up to six fiscal years. Prohibits the total procurement cost from exceeding $3.9 billion. Allows such Secretary to waive the cost limitation upon notification of adjustment to the defense and appropriations committees. Provides adjustment limits. Requires such Secretary to report to such committees within 30 days after contract award.
Subtitle E: Joint and Multiservice Matters - (Sec. 151) Directs the Secretary of the Air Force, by the end of 2012, to: (1) establish the initial operational capability date for the F-35A aircraft, and (2) report capability details to the defense and appropriations committees. Directs the Secretary of the Navy, by the same date, to: (1) establish such capability dates for the F-35B and C aircraft, and (2) report capability details to such committees.
(Sec. 152) Prohibits FY2013 DOD funds from being obligated or expended to retire or place in storage an RQ-4 Block 30 Global Hawk unmanned aircraft system. Requires the Secretary of the Air Force, during the period preceding December 31, 2014, to maintain the operational capability of any such system belonging or delivered to the Air Force.
(Sec. 153) Amends the NDAA for Fiscal Year 2006 to direct the Secretary of Defense (Secretary) to ensure that a solicitation for a common data link for manned and unmanned intelligence, surveillance, and reconnaissance systems: (1) complies with the most recently issued DOD common data link specification standard, and (2) does not include any proprietary or undocumented interface or waveform as a requirement or criterion for evaluation.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2013 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Air Force to ensure that the next-generation long-range strike bomber is: (1) capable of carrying strategic nuclear weapons upon achieving initial operating capability, and (2) certified to use such weapons within two years after achieving such capability.
(Sec. 212) Requires the Secretary of the Navy to: (1) conduct additional technology development risk reduction activities using the unmanned combat air system, and (2) preserve a competitive acquisition environment for the Unmanned Carrier-launched Surveillance and Strike system program.
(Sec. 213) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 a limitation on the availability of funds for the Unmanned Carrier-launched Surveillance and Strike system program. Prohibits: (1) the Secretary of the Navy from reducing to one the number of prime contractors for the technology development phase of such program prior to the program achieving the critical design review milestone, and (2) such program from achieving such milestone until on or after October 1, 2016.
(Sec. 214) Prohibits any FY2013 Air Force RDT&E funds from being obligated or expended to initiate a new start acquisition program to provide the Air Force with a manned ground or dismount moving target indicator capability until 90 days after the Secretary of the Air Force reports to the defense and appropriations committees on the plan for such capabilities. Authorizes such Secretary to waive the funding prohibition after notifying such committees that the waiver is required to meet an urgent operational need or other emergency requirement directly related to combat operations.
(Sec. 215) Prohibits any FY2013 Army RDT&E funds from being obligated or expended for Milestone A activities with respect to the MQ-18 medium-range multipurpose vertical takeoff and landing unmanned aerial aircraft system until: (1) the Chairman of the Joint Requirements Oversight Council certifies to the defense, appropriations, and intelligence committees as to the system's capabilities; and (2) at least 30 days have elapsed following such certification.
(Sec. 216) Authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to use specified FY2013 joint capability technology demonstration funds to carry out a program to develop and flight-demonstrate vertical lift platform technologies that address capability gaps described in DOD's Future Vertical Lift Strategic Plan. Outlines program goals and objectives.
Subtitle C: Missile Defense Programs - (Sec. 221) Directs the Secretary to: (1) procure two AN/TPY-2 radars, and (2) report to the defense and appropriations committees on the feasibility of developing one such radar on a rotational table to allow it to quickly change directions.
(Sec. 222) Requires the Director of the Missile Defense Agency (MDA) to report to the defense and appropriations committees on the development of the new advanced kill vehicle on the standard millile-3 block IIB interceptor.
(Sec. 223) Directs the Secretary to: (1) ensure that a missile defense site on the U.S. East Coast using either ground-based or standard missile-3 interceptors is operational by December 31, 2015, (2) conduct a study of three possible locations for such site, and (3) prepare an environmental impact statement with respect to each possible location. Requires the MDA Director to develop and submit to the President a plan to deploy an appropriate missile defense interceptor for an East Coast missile defense site. Provides plan funding.
(Sec. 224) Earmarks specified FY2013 DOD funds for the ground-based midcourse defense (GMD) system, including for refurbishment of: (1) CEI exoatmospheric kill vehicle-equipped ground-based interceptors, and (2) Missile Field 1 at Fort Greely, Alaska.
(Sec. 225) Requires the Secretary to conduct an intercontinental ballistic missile test of the GMD program using a ground-based interceptor equipped with a CEI exoatmospheric kill vehicle.
(Sec. 226) Expresses the sense of Congress that standard missile-3 block IIB interceptors should be deployable in both land- and sea-based modes by the date on which such interceptors achieve initial operating capability. Directs the Secretary to: (1) ensure such achievement, and (2) report to the defense and appropriations committees on how the deployment of such interceptors affects the Navy force structure.
(Sec. 227) Earmarks specified FY2012-FY2015 RDT&E funds to the government of Israel for the procurement of additional batteries and interceptors under the Iron Dome short-range rocket defense system and related operations and sustainment expenses. Directs the Secretary to establish within the MDA an office to carry out matters relating to such assistance.
(Sec. 228) Requires the MDA Director to ensure that the sea-based X-band radar is maintained in a status to allow deployment in less than 14 days and for at least 60 days each year.
(Sec. 229) Prohibits the obligation or expenditure of FY2013 DOD funds for the medium extended air defense system.
(Sec. 230) Limits the obligation of more than 75% of DOD funds available for certain missile defense activities until: (1) the Secretaries of Defense and State submit to the defense, appropriations, and foreign relations committees a report on cost-sharing arrangements for missile defense in Europe and a certification of proportionate cost-sharing by members of the North Atlantic Treaty Organization (NATO); and (2) the Secretary submits to such countries a NATO prefinancing request with respect to such costs and submits to such committees the response to such request.
(Sec. 231) Prohibits the obligation or expenditure of FY2013 funding for the precision tracking space system until: (1) a federally funded research and development center (FFRDC) begins an analysis of alternatives to such system, and (2) the terms of reference for the analysis are submitted to the defense and appropriations committees. Requires the MDA Director to enter into an agreement for such analysis with an FFRDC that has not previously been involved with such system. Outlines analysis requirements. Prohibits any FY2013 funding for such system (other than for technology development) until 60 days after the MDA Director submits the completed analysis.
(Sec. 232) Requires the MDA Director to develop, and submit to the Secretary and the defense and appropriations committees, a plan to: (1) improve the discrimination and kill assessment capability of ballistic missile defense systems, particularly with respect to the GMD system, and (2) increase the rate of flight and ground tests of the GMD system.
(Sec. 234) Directs the Secretary to report to the defense and appropriations committees on the regional missile defense architectures and the force management process to evaluate such architectures.
(Sec. 235) Requires the Secretary to ensure that any FY2013 funds for ground-testing activities of the conventional prompt global strike program are obligated or expended using competitive solicitation procedures involving industry as well as government partners.
(Sec. 236) Authorizes the Secretary of the Navy to transfer to the MDA Director Aegis weapon system equipment with ballistic missile defense capability for use in the country the Director has designated as "Host Nation 1." Requires the Director, upon receipt of such equipment, to transfer to the Secretary of the Navy such equipment with such capability for use in the DDG-51 Destroyer program.
Subtitle D: Reports - (Sec. 241) Directs the Commandant of the Marine Corps to: (1) study the future capabilities of the Marine Corps with respect to electronic warfare, and (2) report study results to the defense and appropriations committees.
(Sec. 242) Directs the Secretary to: (1) enter into an agreement with the National Research Council to review the DOD specialized degree-granting graduate programs in engineering, applied sciences, and management; and (2) report review results to the defense and appropriations committees.
(Sec. 243) Requires the Secretary to: (1) assess the U.S. manufacturing capability to produce three-dimensional integrated circuits to serve the national defense, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 244) Directs the Secretary to report to such committees a summary of DOD efforts to transition mature and maturing directed energy technologies to new operational weapon systems during the five-to-ten year period beginning on the date of the report.
Subtitle E: Other Matters - (Sec. 251) Allows DOD laboratories to enter into education partnership agreements with educational institutions in U.S. possessions or territories.
(Sec. 252) Authorizes the Secretary to use the DOD research and engineering network to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges. Requires the Under Secretary to: (1) designate a DOD office with lead responsibility for enhancing DOD use of regional advanced technology clusters (and inform Congress of such designation), and (2) report to Congress on DOD participation in such activities.
(Sec. 253) Directs the Secretary to brief the defense committees on power and energy research conducted at the University Affiliated Research Centers.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2013 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for the Secretary of the Navy for FY2013 for inactivation execution of the U.S.S. Enterprise (aircraft carrier), as specified in the funding table. Limits to $708 million the total obligation for such inactivation. Provides inactivation contract authority.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend through FY2018 the submission to Congress of progress reports on a training range sustainment plan and inventory.
(Sec. 312) Amends the Toxic Substances Control Act to exclude from the definition of "chemical substance" for purposes of such Act any components of firearms including shot, bullets and other projectiles, propellants, and primers.
(Sec. 313) Amends the Energy Independence and Security Act of 2007 to make inapplicable to DOD alternative fuel procurement requirements of such Act.
(Sec. 314) Prohibits FY2013 DOD funds from being obligated or expended for the production or purchase of any alternative fuel if the cost of producing or purchasing such fuel exceeds the cost of producing or purchasing a traditional fossil fuel that would be as useful as the alternative fuel. Provides an exception.
(Sec. 315) Directs the Secretary to develop, and brief the defense and appropriations committees on, a plan on a timeline to develop a material solution to measure environmental exposures to members of the Armed Forces in and outside of the continental United States.
Subtitle C: Logistics and Sustainment - (Sec. 321) Amends the NDAA for Fiscal Year 2004 to authorize the Secretary of the military department concerned (Secretary concerned) to carry out a demonstration project at specified facilities for the promotion by one grade level of workers who are certified at the journey level to perform multiple trades. Extends the project through FY2018.
(Sec. 322) Excludes from consideration as depot-level maintenance and repair: (1) nuclear aircraft carrier refueling, defueling, and concurrent complex overhaul; and (2) procurement major modifications designed to improve the performance or safety of a weapon system or major end item. Requires the Secretary to determine the associated capability to maintain the core depot-level maintenance and repair capabilities and capacity required of mission-essential weapon systems or items of military equipment. Prohibits the Secretary from waiving the capability determination requirement without notifying Congress at least 30 days in advance. Excludes nuclear aircraft carriers and special access programs from such waiver authority. Requires the Secretary, every two years, to: (1) review each existing special access program to determine the core depot maintenance and repair capabilities required to provide a ready and controlled source of technical competence, and resources required to establish a core capability if it becomes necessary; and (2) include review results in a required biennial core report.
Subtitle D: Readiness - (Sec. 331) Authorizes the Secretary concerned to enter into agreements with state or local governments for the procurement of installation support services. Exempts from such authority police, fire protection, and first responder services.
(Sec. 332) Extends through 2020 DOD authority to provide assured business guarantees to carriers participating in the Civil Reserve Air Fleet program.
(Sec. 333) Amends the NDAA for Fiscal Year 2008 to extend to all military department Secretaries (under current law, only to the Secretary of the Army) the authority to use working-capital funds for expenses directly related to conducting a pilot program for a product or process improvement. Extends such authority through FY2018, and revises report requirement deadlines.
(Sec. 334) Authorizes the National Guard Bureau to maintain a Center of Excellence for the National Guard State Partnership Program (Center), for training National Guard units and members in order to improve deployment skills. Provides for the detail of National Guard members at the Center.
Subtitle E: Reports - (Sec. 341) Directs the Secretary to report to Congress on the readiness of the joint force to conduct operations in environments lacking access to command, control, communications, computers, intelligence, surveillance, and reconnaissance systems, including the Global Positioning System (GPS). Requires the Chairman of the Joint Chiefs of Staff (JCS), based on report results, to develop a roadmap and joint exercise plan for the joint force to operate in such an environment.
(Sec. 342) Revises the frequency of the CG's review of each annual DOD report on prepositioned materiel and equipment.
(Sec. 343) Includes within a required annual report on the maintenance and repair of naval vessels in foreign shipyards vessels operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, or the U.S. Transportation Command.
(Sec. 344) Amends the NDAA for Fiscal Year 2010 the extend the deadline for a CG report on the DOD service contract inventory.
(Sec. 345) Directs the CG to review and report to the defense committees on a specified DOD memorandum concerning contract performance costs to determine whether the methodology used reflects the actual, relevant, and quantifiable costs to taxpayers of performance by federal civilian employees, military personnel, and contractors.
(Sec. 346) Requires the: (1) Secretary to report to the defense and appropriations committees and the CG on helicopter medical evacuation policies, and (2) CG to review the report and submit review results to such committees.
Subtitle F: Limitations and Extensions of Authority - (Sec. 351) Repeals the authority of the Secretary to provide certain military equipment and facilities to federal, state, or local law enforcement or emergency response agencies to prepare for or respond to emergencies involving chemical or biological agents.
(Sec. 352) Prohibits FY2013 DOD funds from being used to disestablish or downgrade any of the 18 level 5 aerospace control alert defense locations currently in existence. Requires: (1) the Secretary of the Air Force to maintain such current level until the later of September 30, 2013, or the enactment of the National Defense Authorization Act for Fiscal Year 2014; (2) the Secretary of Defense to establish a budget justification display that fully identifies the baseline aerospace control alert budget for each of the military departments and encompasses all programs and activities of the aerospace control alert mission for procurement, O&M, RDT&E, and military construction; (3) the Secretary of Defense to report to the defense and appropriations committees a cost-benefit analysis and risk-based assessment of such mission as it relates to expected future budget and force structure changes; (4) the CG to review such analysis and assessment and report review results to such committees.
(Sec. 353) Prohibits more than $5 million in FY2013 O&M funds from being made available for the National Museum of the United States Army until the Secretary of the Army certifies to the defense and appropriations committees that sufficient private funding has been raised to fund construction of the Museum portion known as the Baseline Museum, and that at least 50% of the latter Museum has been completed.
(Sec. 354) Prohibits, with one exception, any FY2013 DOD funds from being used to retire, inactivate, or place in storage a cruiser or dock landing ship. Requires the Secretary of the Navy to maintain the current level of such ships until the later of September 30, 2014, or the enactment of the National Defense Authorization Act for Fiscal Year 2014.
(Sec. 355) Prohibits the President from transferring a veterans memorial object to a foreign country, person, or entity unless the transfer is specifically authorized by law, or is made after September 30, 2017.
Subtitle G: Other Matters - (Sec. 361) Directs the Secretary to classify military working dogs as canine members of the Armed Forces. Prohibits their classification as equipment. Authorizes the Secretary concerned, after determining that a military working dog should be retired and that no suitable adoption is available, to transfer the dog to the 341st Training Squadron or to another location for adoption. Authorizes the use of frequent traveler miles to facilitate such adoptions. Requires the Secretary to: (1) establish and maintain a system to provide veterinary care of retired military working dogs, and (2) create a decoration or other appropriate recognition to recognize such dogs that are killed in action or perform an exceptionally meritorious or courageous act during their service.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2013.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
(Sec. 403) Requires the President, upon determining that a reduction in end strength of the regular Army or Marine Corps is necessary for any of FY2014-FY2017, to certify to Congress in that fiscal year that such reduction will not undermine the ability of the Armed Forces to meet National Security Strategy requirements, increase U.S. security risks, or compel personnel to endure diminished dwell time and repeated deployments. Provides an annual limitation on reductions during such fiscal years. Requires the DOD budget for each of such fiscal years to include amounts sufficient to meet the above requirements, and not rely on any emergency, supplemental, or overseas contingency operations funding.
(Sec. 404) Excludes members within the Integrated Disability Evaluation System on the last day of any of FY2013-FY2018 from active-duty end strength limits for such fiscal years.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2013 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2013 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2013 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2013.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2013 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases by one the authorized Navy active-duty flag officer end strength limitation. Exempts a director of the Navy Nurse Corps and the Medical Service Corps from such limitation.
(Sec. 502) Increases from 30 to 33 years the maximum authorized length of service a chief Navy warrant officer, grade W-5, may serve prior to statutory retirement.
(Sec. 503) Establishes the positions of Chief and Deputy Chief of Chaplains in the Air Force. Requires each such appointee to have served as an active-duty chaplain for at least eight years.
(Sec. 504) Extends through FY2018 the authority of the Secretary concerned to reduce from 10 to 8 years the minimum length of active-duty service as a commissioned officer prior to voluntary retirement.
(Sec. 505) Allows the Secretary or the Secretary concerned, during FY2013-FY2018, to retire up to 4% of the total number of officers in grades O-5 and O-6 within each military department, notwithstanding that such officers do not have the normally-required three years of service in such grade prior to retirement. (Under current law, such authority terminated at the end of 2007.)
(Sec. 506) Authorizes the Secretary or the Secretary concerned, during FY2013-FY2017, to retire up to 5%, or 10% in the case of the Marine Corps, of the total number of officers in grades O-7 and O-8, again notwithstanding the required prior three years of service in such grade.
(Sec. 507) Directs the Secretary to develop and implement a plan to measure DOD efforts to achieve a sustainable level of members of the Armed Forces that will reflect the diverse population of the United States eligible to serve, including gender-specific, racial, and ethnic populations. Requires progress made in implementing such plan to be included in currently-required annual manpower requirements reports.
Subtitle B: Reserve Component Management - (Sec. 511) Codifies under federal law the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters, and (2) Reserve Matters. Outlines position qualifications and duties. Repeals a superseded provision of the NDAA for Fiscal Year 1998.
(Sec. 512) Confers federal recognition on members of the National Guard promoted from W-1 to chief warrant officer, W-2.
Subtitle C: General Service Authorities - (Sec. 521) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to include within its career intermission pilot program Guard and reserve members serving on active duty. Authorizes program participants to retain their earned leave balance (up to a 60-day limit) and to be processed for disability separation while so participating.
(Sec. 522) Authorizes licensed clinical social workers and psychiatric nurse practitioners (under current law, only psychiatrists) to conduct pre-separation medical examinations to make post-traumatic stress disorder (PTSD) determinations.
(Sec. 523) Authorizes the Secretary to accept voluntary services to assist DOD efforts in accounting for missing personnel.
(Sec. 524) Increases from 21 to 42 days the authorized leave for a member upon the birth or adoption of a child, when such member is the primary caregiver. Authorizes 10 days of leave for the spouse of such member.
(Sec. 525) Directs the Secretary to ensure a continuous, designated military command responsibility and accountability for the care, handling, and transportation of the remains of each deceased member who died outside the United States, beginning with initial remains recovery, through the defense mortuary system, and until the remains are interred or accepted by the person designated to direct disposition.
(Sec. 526) Directs the Secretary to report to the defense and appropriations committees evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties currently closed to females.
(Sec. 527) Directs the Secretary concerned to ensure that commanding officers: (1) do not prohibit or otherwise restrict the ability of physicians and other licensed health-care providers to issue a medical profile for a member, and (2) comply with the terms of an issued profile in assigning duties to such member. Provides a temporary waiver authority, on a case-by-case basis, when the officer determines that duties assigned against the terms of the profile are vital to ensuring the readiness of the member and the unit.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Requires the Staff Judge Advocate to the Commandant of the Marine Corps to be appointed by the President, by and with the advice and consent of the Senate. Authorizes such Advocate to supervise the administration of justice and delivery of legal assistance within the Marine Corps, and to provide professional supervision of legal services provided by Marine Corps judge advocates.
(Sec. 532) Directs the Secretary to require the Secretaries concerned, with respect to sexual misconduct offenses under the Uniform Code of Military Justice (UCMJ), to restrict disposition authority in such cases to officers authorized to convene special courts-martial, holding a grade of colonel or captain, and having a legal advisor in the chain of command of the accused. Directs the Secretary to make recommendations for certain additional changes to the Manual for Courts-Martial of UCMJ policy with respect to the disposition of such offenses.
(Sec. 533) Requires the Secretary to establish an independent panel to review and assess judicial proceedings under the UCMJ involving sexual assault and related offenses for the purpose of developing potential improvements to such proceedings. Terminates the panel at the end of FY2017. Directs the panel to: (1) prepare annual reports regarding the implementation of reforms relating to rape, sexual assault, and other sexual misconduct under the UCMJ, as enacted by the NDAA for Fiscal Year 2012; and (2) submit such reports to the Secretary and the defense committees.
(Sec. 534) Directs the Secretary to require each department Secretary to establish a record on the disposition of any report of sexual assault, whether such disposition is court martial, nonjudicial punishment, or other administrative action. Requires such records to be maintained for at least 20 years.
(Sec. 535) Requires the Secretary to provide the defense committees a briefing, plan, and recommendations regarding DOD efforts to prevent and respond to hazing incidents involving members. Requires the plan to include a database to improve DOD ability to: (1) determine the extent to which hazing incidents are occurring and their nature; and (2) track, respond to, and resolve such incidents.
(Sec. 536) Requires the Armed Forces to accommodate the conscience and sincerely held moral principles and religious beliefs of its members concerning the appropriate and inappropriate expression of human sexuality, and prohibits the Armed Forces from using such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Prohibits any member from: (1) directing, ordering, or requiring a chaplain to perform any duty, rite, service, or function that is contrary to his or her beliefs; or (2) discriminate or take adverse personnel action against a chaplain for their refusal to comply with a directive that is against his or her beliefs.
(Sec. 537) Prohibits a military installation or other property owned, rented, or under the jurisdiction or control of DOD from being used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Transfers from the Secretary of Education to the Secretary responsibility and authority for operation of the Troops-to-Teachers Program of the Elementary and Secondary Education Act of 1965. Authorizes the Secretary to carry out a Troops-to-Teachers Program: (1) to assist retired or former members of the Armed Forces to obtain certification as elementary, secondary, or career or technical teachers; and (2) to facilitate the employment of such members by local educational agencies or charter schools identified by the Secretary of Education as receiving low-income families grant assistance or experiencing a shortage of teachers. Outlines member eligibility and application requirements and processes. Requires such Program participants to teach for at least three school years following appropriate certification or licensing. Authorizes the Secretary to pay: (1) a stipend to cover expenses incurred to obtain the required educational level, certification, or licensing, limiting such stipend to $5,000; and (2) a bonus to participants who agree to teach for at least three years at an eligible school, limiting such bonus to $10,000. Limits to 5,000 the total number of stipends to be paid in a fiscal year, and to 3,000 the total number of bonuses to be paid in a fiscal year. Provides for stipend or bonus reimbursement in appropriate cases, with exceptions under certain circumstances. Limits to $15 million the total amount to be obligated under the Program for any fiscal year. Terminates the Department of Education Troops-to-Teachers Program.
(Sec. 542) Authorizes the Secretary of the Navy to: (1) enter into agreements with the Naval Academy Association and its successors to manage any aspect of the Naval Academy athletic and physical fitness programs; (2) receive funds from the Association and other sources to further the mission of the Naval Academy; and (3) enter into agreements for licensing and marketing relating to Naval Academy trademarks and service marks. Requires such Secretary to notify the defense and appropriations committees within 60 days after entering into any agreement authorized under this section.
(Sec. 543) Directs the DOD Inspector General to conduct a review to determine the extent of access that representatives of for-profit educational institutions have to military installations and whether there are adequate safeguards in place to regulate such access.
Subtitle F: Decorations and Awards - (Sec. 551) Removes the requirement that, in order to be eligible for a prisoner-of-war medal, the subject must have been held captive by a foreign force categorized as hostile to the United States.
(Sec. 552) Directs the Secretary concerned to award the Purple Heart to members killed or wounded in the attacks that occurred at the recruiting station in Little Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on November 5, 2009. Provides an exception for a member whose wound was the result of willful misconduct.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 561) Earmarks specified DOD O&M funds for assistance to local educational agencies: (1) that benefit dependents of members and civilian DOD employees; and (2) with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 562) Extends transitional compensation benefits and payments provided to victims of military dependent abuse to children carried during pregnancy at the time of a dependent-abuse offense.
(Sec. 563) Permits the Secretary to authorize the enrollment in a DOD domestic education program a dependent of a member or federal employee currently enrolled in the DOD overseas education program if: (1) the dependent departed the overseas location as a result of an evacuation order, (2) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the DOD education program, and (3) the school has the necessary capacity and resources to allow such attendance. Authorizes the enrollment in a DOD virtual elementary or secondary education program, on a tuition basis, of a dependent of an active-duty member who, upon return to the United States, is enrolled in the elementary or secondary school of a local educational agency under the DOD domestic education program.
(Sec. 564) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, then the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, then the appropriate court shall apply the higher standard.
(Sec. 565) Amends the above Act to prohibit the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.
(Sec. 566) Expresses the sense of Congress supporting the goals and ideals of Yellow Ribbon Day, observed on April 9th of each year, in honor of members and American civilians who are serving overseas in defense of the United States.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 571) Directs each military department Secretary to establish special victim teams for investigating and prosecuting allegations of child abuse, serious domestic violence, or sexual offenses, and providing support for the victims of such offenses. Requires each such Secretary to: (1) prescribe standards for the training, selection, and certification of personnel for such teams; and (2) have one such team available within one year after the enactment of this Act. Provides for the measurement of the effectiveness and impact of such teams from the investigative, prosecutorial, and victims' perspectives.
(Sec. 572) Amends the NDAA for Fiscal Year 2012 to direct the Secretary to 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. Requires information on the DOD policy on sexual assault and its prevention and reporting procedures to be included in each member's initial entrance onto active duty or into duty status with a reserve component.
(Sec. 573) Directs the Secretary to ensure that there be prominently posted, at DOD duty, dining, residential, health-care, commissary, and community service facilities, specified information on DOD sexual assault prevention and response resources. Requires prompt notification to victims of the availability of assistance.
(Sec. 574) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to require the Secretary concerned to include additional information in the case synopses portion of each required report regarding sexual assaults in their department in the prior year, including the reasons for any denials of victim requests for a permanent change of station or unit transfer after an assault.
(Sec. 575) Requires the Secretary concerned, effective with the 2013 report required, above, to include information on sexual harassment involving members under their jurisdiction during the preceding year.
(Sec. 576) Requires the Secretary to report biennially to the defense committees on progress made to ensure that the Defense Incident-Based Reporting System and the Defense Sexual Assault Incident Database are fully functional and operational. Terminates the reporting requirement when both the System and Database are fully functional and operational and being jointly used.
(Sec. 577) Directs the Secretary, once each in 2013 and 2014, to brief the defense committees on DOD actions regarding sexual assault prevention and response in the Armed Forces.
(Sec. 578) Includes sexual assault occurrence and response information to be included in DOD workplace and gender relations surveys. Revises survey dates.
(Sec. 579) Directs the Secretary to require the commander of every unit with more than 50 assigned members to conduct an organizational climate assessment within 120 days after the command assumes command, and annually thereafter. Defines such assessment as the positive and negative factors on unit effectiveness and readiness, including prevention and response to sexual assault and equal opportunity.
(Sec. 580) Requires the above assessment to include avenues for members to express their views on how their leaders are responding to allegations of sexual assault and complaints of sexual harassment.
(Sec. 581) Directs the Secretary to conduct, and report to the defense committees on, a review of all unrestricted reports of sexual assault made by members since October 1, 2000, to determine the number of members who were subsequently separated from service and the grounds for such separation.
(Sec. 582) Allows sexual assault victim-members of the reserves to remain on active duty, or to be recalled to active duty, for up to 180 days to complete a line-of-duty determination with respect to the assault.
(Sec. 583) Provides that if a complaint of sexual harassment is made against a member and substantiated, a notation thereof shall be placed in the individual's service record for the purpose of: (1) reducing the likelihood that such member can commit the same offense multiple times without suffering the appropriate consequences; and (2) alerting commanders of the background of the members of their command, including transferred members.
Subtitle I: Other Matters - (Sec. 590) Authorizes the Secretary concerned to establish and maintain a unit of the Junior Reserve Officers' Training Corps (JROTC) at a secondary institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, as long as such institutions meets other requirements.
(Sec. 591) Directs the Secretary, in order to preserve the editorial and management independent of the Stars and Stripes newspaper, to extend its lease in the District of Columbia until the Secretary provides space and other support for such operations in a government-owned facility in the National Capital Region other than the Defense Media Activity at Fort Meade, Maryland.
(Sec. 592) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be designated as the National Song of Remembrance.
(Sec. 593) Outlines the recommended conduct of persons, in uniform and not in uniform, during the sounding of Taps.
(Sec. 594) Requires in 2013 the DOD Inspector General (under current law, the Secretary of the Army) to inspect and report on the Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery. Extends related report requirements from the DOD Inspector General and the department Secretaries.
(Sec. 595) Authorizes the Secretary to conduct one or more pilot programs to provide assistance for members leaving active duty to transition into the fields of science, technology, engineering, and mathematics (STEM fields) in order to address DOD shortages of expertise within those fields. Limits pilot programs to three academic years, and requires the Secretary to report pilot program results to the defense and appropriations committees.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2013 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.7%, effective January 1, 2013, the rates of basic pay for military personnel.
(Sec. 602) Entitles to a basic allowance for housing (BAH) a member without dependents in a pay grade below E-6 who is assigned to sea duty and is married to another member.
(Sec. 603) Prohibits a reduction in BAH for Army and Air National Guard personnel who transition between active duty and full-time Guard duty without a break in active service.
(Sec. 604) Provides that, as of October 1, 2011, changes made to the program guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserves under a specified Department of Defense (DOD) instruction shall not apply to reservists whose qualified mobilization commenced before October 1, 2011, and continued until the termination of the mobilization.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2013 specified authorities currently scheduled to expire at the end of 2010 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases from $10,000 to $20,000 the maximum Selected Reserve officer affiliation bonus.
(Sec. 617) Increases from $2,000 to $4,000 the maximum incentive bonus for reserve personnel who convert their military occupational specialty in which there is a shortage of trained and qualified personnel.
Subtitle C: Travel and Transportation Allowances Generally - (Sec. 621) Authorizes a travel and transportation allowance for a qualified non-medical attendant of a member receiving care in a residential treatment program, if the attending physician or other mental health professional and the commander or head of the military medical facility exercising control over the member determine that the presence and participation of such attendant is essential to the member's treatment.
Subtitle D: Benefits and Services for Members Being Separated or Recently Separated - (Sec. 631) Extends through 2018 DOD authority to allow involuntarily separated members to continue to use military commissary and exchange stores for two years after such separation.
(Sec. 632) Allows involuntarily separated members, during the period beginning on October 1, 2012 and extending through December 31, 2018, to remain in government family housing for up to 180 days following their date of separation. Prohibits the payment of BAH during any period following the involuntary separation.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Includes food banks, food pantries, and soup kitchens among organizations to which DOD may donate unusable food prepared for the Armed Forces.
(Sec. 642) Eliminate the requirement that the Secretary record and report to Congress on changes in restrictions on the sale of merchandise by overseas commissary and exchange stores.
(Sec. 643) Codifies the designation of the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites. Authorizes as residents of such facility the primary next of kin and other family members of a member who dies while serving overseas, as well as escorts of such family members.
(Sec. 644) Requires the governing body of the military commissary and exchange system to develop: (1) guidelines for the identification of fresh meat, poultry, seafood, produce, and other products raised or produced through sustainable methods; and (2) goals to maximize the purchase of sustainable products, local food, and recyclable materials by the end of FY2017.
Subtitle F: Disability, Retired Pay, and Survivor Benefits - (Sec. 651) Waives payment of premiums under the Survivor Benefit Plan (SBP) for members retiring under the Federal Employees Retirement System (FERS) when such member waives military retired pay in order to elect civil service retirement and provide a survivor annuity.
Subtitle G: Other Matters - (Sec. 661) Conforms the definition of "dependent" for purposes of consumer credit extended to members and their dependents with such definition as used to establish eligibility for military medical care.
(Sec. 662) Extends through 2016 the limitation on the reduction on manpower levels within the service review agencies of the military departments.
(Sec. 663) Provides for the receipt by members of the Coast Guard Reserve called to emergency active duty of the same benefits provided to reserve members of the military departments called to active duty.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Expresses the sense of Congress that the 20-30 career-years of sacrifice of servicemembers and their families constitute a significant pre-paid premium for health care during retirement that is over and above what the member pays with money.
(Sec. 702) Directs the Secretary, beginning on the earlier of the date of enactment of this Act or October 1, 2012, and ending on December 31, 2018, to provide, for 180 days after separation, TRICARE Reserve Select and TRICARE dental insurance coverage to members of the Selected Reserve who are involuntarily separated.
(Sec. 703) Directs the Secretary to ensure that each individual who receives medical or dental care under a state National Guard medical or dental care contract meets DOD standards of medical and dental readiness upon his or her mobilization.
Subtitle B: Health Care Administration - (Sec. 711) Directs the President, through the Secretary, to establish within DOD a unified command for medical operations, to provide unified medical services to members and other health care beneficiaries. Assigns to such command all active military medical treatment facilities, training organizations, and research entities. Provides for a commander of such command, with specified subordinate commands. Outlines commander responsibilities. Directs the Secretary to establish a Defense Health Agency and to transfer to such Agency the TRICARE Management Activity and all functions of the TRICARE Program. Provides for a Defense Health Agency director. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan for establishing the unified medical command, and (2) written notification of the timeline for such establishment.
(Sec. 712) Requires the automatic enrollment under TRICARE Prime of the dependent of a member entitled to military medical and dental care and who resides in an area in which TRICARE Prime is offered, if the member is in pay grade E-4 or below. Allows for the enrollment of such a dependent if the member is in pay grade E-5 or above.
(Sec. 713) Authorizes each Secretary concerned to establish cooperative health care agreements between military installations and local or regional health care entities.
(Sec. 714) Directs the Secretary to develop a process to ensure that health engagements conducted by DOD are effective and efficient in meeting U.S. national security goals. Authorizes the Secretary to conduct pilot programs to assess the effectiveness of any process so developed.
(Sec. 715) Includes individuals working under a subcontract of a personal services contract for health care as covered employees for purposes of medical malpractice under the Federal Tort Claims Act.
(Sec. 716) Requires the Secretary to carry out a three-year pilot program to assess the feasibility of using revenue-cycle improvement processes to increase the amounts collected from third party payees for charges for health care provided in the United States at a military medical treatment facility. Requires the pilot program to be conducted at at least two installations of different military departments. Directs the Secretary to report pilot program results to the defense and appropriations committees.
(Sec. 717) Directs the Secretary to carry out a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the DOD national mail-order pharmacy program. Allows program participants to opt out after one year. Requires annual pilot program reports from 2014 through 2018 from the Secretary to the defense and appropriations committees. Terminates the pilot program at the end of 2017.
(Sec. 718) Requires (under current law, authorizes) the Secretary to establish cost-sharing requirements under the pharmacy benefits program. Provides required copayments with respect to each supply of generic, formulary, and nonformulary drugs within prescriptions covering 30 days or less, and those covering up to 90 days. Prohibits the Secretary, beginning in FY2013, from increasing such copayments by an amount higher than the annual percentage increase in military retired pay.
(Sec. 719) Amends the NDAA for Fiscal Year 2012 to require the Secretary to implement and complete any recommendations of a review of the administration of the military health care system before restructuring or reorganizing such system.
Subtitle C: Reports and Other Matters - (Sec. 721) Amends the above Act to extend until March 31, 2013, required CG reports concerning: (1) contract health care staffing for military medical treatment facilities, and (2) women-specific health care services and treatment for female members.
(Sec. 723) Expresses the sense of Congress that children of members receive health care designed to meet their pediatric-specific needs, and that a review of the TRICARE program with respect to children's health care needs is warranted. Directs the Secretary to establish a working group to: (1) review the TRICARE program with respect to pediatric health care, including special and chronic health care needs; (2) make recommendations to ensure that children receive appropriate care, and that access remains available for military families with children; and (3) submit an interim and final report to the defense and appropriations committees. Terminates the working group 30 days after submission of the final report.
(Sec. 724) Directs the Secretary to submit to the defense and appropriations committees a strategy to refine, reduce, and when appropriate, transition to using human-based training methods for the purpose of training members in the treatment of combat trauma injuries by October 1, 2017. Requires updated annual reports beginning in 2014.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Amends the NDAA for Fiscal Year 2008 to exempt, for a 24-month period beginning on the date of enactment of this Act, DOD procurements of property or services under an interagency agreement with the Department of Energy (DOE) known as the Work For Others Program from being considered a procurement of property or services on behalf of DOD by a covered non-defense agency (thereby relieving such procurements from Inspector General reviews and compliance certifications required under such Act). Requires the Under Secretary to certify to the defense and appropriations committees whether DOE policies, procedures, and controls provide sufficient protection and oversight for DOD funds expended under such Program, and whether the exemption period should be extended.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Increases from 30 to 60 days after notification of the defense and appropriations committees the period that the Secretary concerned must wait before contracting for the lease of a vessel for a period greater than two but less than five years.
(Sec. 812) Amends the Clinger-Cohen Act of 1996 to extend through 2014 DOD authority to use simplified acquisition procedures for the procurement of certain commercial items.
(Sec. 813) Codifies provisions of the NDAA for Fiscal Year 2010 which require the Secretary to: (1) issue and maintain comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems, and (2) require that each major weapon system be supported by a product support manager. Includes within manager responsibilities using advanced predictive analysis technologies to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. Requires the product support strategy to maximize small business participation at appropriate levels.
(Sec. 814) Codifies provisions of the Warner Act which require the Secretary to develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve certain position qualification requirements with respect to each DOD major defense acquisition program (MDAP) and major automated information system program.
(Sec. 815) Limits to 80% the obligation or expenditure of funds authorized for the Office of the Secretary until the Secretary certifies to the defense and appropriations committees that DOD is implementing requirements of the Weapon Systems Acquisition Reform Act of 2009 relating to maximum competition throughout the life-cycle of MDAPs. Requires a related briefing.
(Sec. 816) Amends the NDAA for Fiscal Year 2012 to provide an exception, in limited circumstances, to the prohibition as allowable contractor costs the cost of counterfeit and suspected counterfeit electronic parts and rework or corrective action with respect to such parts.
(Sec. 817) Includes within the definition of "produced," for purposes of Buy American requirements, that which is melted or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. Excludes from such term finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.
(Sec. 818) Includes infrared technologies among items to be purchased by DOD only from manufacturers meeting national technology and industrial base requirements.
(Sec. 819) Requires Buy American requirements to apply, without exception or exemption, to any textile components supplied by DOD to the Afghan National Army or the Afghan National Police for the production of uniforms.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Amends the NDAA for Fiscal Year 2010 to extend through 2014 temporary DOD authority to acquire products and services produced in countries along a major supply route to Afghanistan. Authorizes the Secretary to expand such authority to include products and services used by U.S. and coalition forces in Afghanistan, upon a determination that such products or services will be acquired from a country that has agreed to allow the transport of coalition personnel, equipment, and supplies from Afghanistan. Prohibits the preferential procurement of goods or services from Pakistan until their government agrees to reopen the ground lines of communication for the movement of U.S. equipment and supplies through Pakistan. Repeals an expired reporting requirement.
(Sec. 822) Amends the NDAA for Fiscal Year 2008 to remove Iraq as a country for which the United States will provide preferential treatment in the acquisition of a product or service in support of military or stability operations. Requires the Secretary, before providing such treatment with respect to a product or service produced in Afghanistan, to determine that their government is not taxing assistance provided by the United States to such country in violation of any bilateral or other agreement.
Subtitle D: Other Matters - (Sec. 831) Amends the Skelton Act to eliminate the requirement that the acquisition process for rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can be appropriately acquired under fixed-price contracts.
(Sec. 832) Directs the Secretary to ensure that any call center operated under a contract entered into by the Secretary or the Secretary concerned is located in the United States.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Requires the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy (DAS) to be appointed by the Secretary. (Under current law, the DAS is appointed by the Under Secretary of Defense for Acquisition, Technology, and Logistics.) Revises DAS responsibilities with respect to the defense industrial base, its supply chain, and supply chain vulnerability throughout, from suppliers to producers of major end items. Adds as additional responsibilities: (1) coordinating with the Director of Small Business Programs on matters relating to industrial base policy; (2) ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements; and (3) establishing DOD policies for continued reliable resource availability from domestic sources and allied nations.
Revises the composition of the Strategic Materials Protection Board to include: (1) the DAS, who shall be the chairman; and (2) the Administrator of the Defense Logistics Agency Strategic Materials, who shall be vice-chairman. Requires the Secretary of each military department to review and comment on each Board report and requires each report to be published in the Federal Register.
(Sec. 902) Directs the Secretary to designate a senior Office official as the principal official responsible for leading DOD's actions on urgent operational needs and rapid acquisition.
(Sec. 903) Requires the Secretary to: (1) designate a senior DOD official for coordination and management oversight of data conversion for all DOD enterprise resource planning systems, and (2) set forth the responsibilities of that official with respect to such data conversion.
(Sec. 904) Provides that the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall report directly to the Under Secretary, without the interposition of any other supervising official. Requires the President, in the annual budget, to include a separate statement of expenditures and proposed appropriations for that fiscal year for activities of such Deputy. Requires such Deputy's annual report to include a separate section covering activities of the DOD Test Resource Management Center.
(Sec. 905) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) as appropriate the Secretary and other statutory offices within such departments.
Subtitle B: Space Activities - (Sec. 911) Directs the Under Secretary, once a year for five years, to submit to the defense and appropriations committees an assessment of the synchronization of the operability of the program segments of each space program that is a MDAP.
(Sec. 912) Expresses the sense of Congress in support of the full exploitation of overhead persistent infrared sensor data. Requires a report: (1) from the Secretary to the defense, appropriations, and intelligence committees on overhead persistent infrared technology; and (2) from the CG to the defense and appropriations committees assessing the Secretary's report.
(Sec. 913) Prohibits any authorized funds from being used by the Secretary or the Director of National Intelligence (DNI) to limit the activities of DOD and the intelligence community in outer space to implement or comply with an international agreement concerning outer space activities unless such agreement is ratified by the Senate or authorized by statute. Requires a report to Congress from the Secretary and the Secretary of State, every 90 days, on the progress of negotiations on an international agreement concerning outer space activities. Terminates the report requirement when the President certifies to Congress that the United States is no longer involved in such negotiations. Requires the Secretary to report annually to Congress on the counter-space programs of foreign countries.
(Sec. 914) Directs the Secretary of the Air Force to enter into an agreement with a federally funded research and development center (FFRDC) to conduct an independent assessment of the national security implications of continuing to use foreign component and propulsion systems for launch vehicles under the evolved expendable launch vehicle program. Requires an assessment report from such FFRDC to the defense and appropriations committees.
(Sec. 915) Directs the Secretary to report to Congress on key space technologies that could be used, or are being sought, by a foreign country with a counter-space or ballistic missile program, and which therefore should be subject to export controls by the United States or its ally.
Subtitle C: Intelligence-Related Activities - (Sec. 921) Authorizes the DNI to provide geospatial intelligence support to regional organizations with defense or security components, and to security alliances of which the United States is a member. Requires the DNI, when exercising such authority, to: (1) ensure that such organization or alliance does not provide such intelligence and support to any other person or entity, (2) notify Congress, and (3) coordinate the provision of such intelligence and support with the commander of the appropriate combatant command.
(Sec. 922) Makes technical amendments to reflect the change in the name of the National Defense Intelligence College to the National Intelligence University.
Subtitle D: Total Force Management - (Sec. 931) Prohibits the obligation or expenditure of more than 80% of authorized DOD acquisition funding until the Secretary certifies to the defense and appropriations committees that the collection of data for meeting federal requirements of the Inventory of Contracts for Services has begun.
(Sec. 932) Requires the Secretary concerned or appropriate defense agency head to take necessary corrective action upon a determination of insufficient levels of government management, control, and oversight of functions within such department or agency closely associated with inherently governmental functions.
(Sec. 933) Requires the appropriate department Secretary or defense agency head to ensure that special management attention is being given to functions closely associated with inherently governmental functions.
Subtitle E: Cyberspace-related Matters - (Sec. 941) Amends the NDAA for Fiscal Year 2012 to affirm the Secretary's authority to conduct military activities in cyberspace, including a clandestine operation in cyberspace: (1) in support of a military operation pursuant to the Authorization for Use of Military Force against a target outside the United States, or (2) to defend against a cyber attack against a DOD asset.
(Sec. 942) Directs the Secretary to provide the defense committees with quarterly briefings on all offensive and significant defensive military operations in cyberspace. Requires the initial briefing no later than March 1, 2013.
Subtitle F: Other Matters - (Sec. 951) Requires the JCS Chairman to identify, assess, and approve military requirements to meet the national military strategy, and to ensure that life-cycle cost, schedule, and performance objectives are achieved in the acquisition of material solutions to meet such requirements. Requires the Joint Requirements Oversight Council to assist the JCS Chairman in such matters. Revises the roles of the chiefs of the military departments in the development and certification of requirements for equipping their respective military departments.
(Sec. 952) Amends the David L. Boren National Security Education Act of 1991 to include among individuals eligible for expedited federal hiring following completion of the national security education program those taking a position in the excepted service that is certified by the Secretary as contributing to the national security.
(Sec. 953) Requires the Secretary to provide an annual briefing to the defense and appropriations committees on the written policy guidance for the preparation and review of the program recommendations and budget proposals relating to national security objectives and contingency plans.
(Sec. 954) Amends the Hunter Act to extend through FY2013 the authority of the Secretary to waive reimbursement of the costs of activities of regional centers for security studies with respect to personnel of nongovernmental and international organizations who participate. Directs the CG to: (1) assess the effectiveness of such regional centers in advancing DOD priorities, and (2) submit assessment results to the defense and foreign relations committees.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Requires each of the Chiefs of Staff for the Army and the Air Force, the Chiefs of Naval Operations and the National Guard, the Commandant of the Marine Corps, and the Commander of the U.S. Special Operations Command to annually submit to the defense and appropriations committees a list of the unfunded priorities of that department.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the Office of National Drug Control Policy Reauthorization Act of 2006 to authorize the Chief of the National Guard Bureau to extend for an additional five years the National Guard Counterdrug Schools.
(Sec. 1012) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2013 a reporting requirement on expenditures to support foreign counter-drug activities.
(Sec. 1013) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2013 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2013 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Amends the NDAA for Fiscal Year 2008 to require the Secretary of the Navy (under current law, the Secretary of Defense) to notify the defense and appropriations committees when determining that it would be impractical for any new class of naval ships to be nuclear-powered.
(Sec. 1022) Prohibits more than 50% of Navy emergency and extraordinary expenses funds from being used until the Secretary includes in defense budget materials a naval vessel construction plan and certification.
Subtitle D: Counterterrorism - (Sec. 1031) Provides findings affirming the authority pursuant to the Authorization for Use of Military Force (AUMF) to detain individuals determined to be engaged in armed conflict against the United States.
(Sec. 1032) Provides findings regarding habeas corpus rights safeguarding individual freedom against arbitrary and lawless state action.
(Sec. 1033) States that nothing in the AUMF or the NDAA for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the AUMF.
(Sec. 1034) Extends through FY2014 DOD authority to pay rewards for providing U.S. government personnel with information or nonlethal assistance in combating terrorism against the United States. Directs the Secretary to report to the defense and appropriations committees on future requirements and authorities to make such rewards.
(Sec. 1035) Prohibits an individual formerly detained at Naval Station Guantanamo Bay, Cuba (Guantanamo), who has been repatriated to Micronesia, the Marshall Islands, or Palau from being afforded the rights and benefits set forth in the Compact of Free Association.
(Sec. 1036) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo, by DOD.
(Sec. 1037) Prohibits the Secretary from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security.
(Sec. 1038) Prohibits FY2013 DOD funds from being used to construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from Guantanamo.
(Sec. 1039) Requires: (1) the DNI to submit to the defense and intelligence committees an assessment of the factors that cause or contribute to the recidivism of Guantanamo detainees that are transferred or released to a foreign country, and (2) the Secretary to submit to the defense, intelligence, and foreign relations committees an assessment of the effectiveness of international agreements relating to the transfer or release of such individuals between the United States and each appropriate foreign country.
(Sec. 1040) Directs the Secretary, within five days after first detaining an individual who is captured pursuant to the AUMF on a naval vessel outside the United States, to notify the defense committees of such detention. Requires a report from the Secretary to such committees on the use of naval vessels for such detentions.
(Sec. 1041) Requires the Secretary to notify the defense and foreign relations committees at least 10 days prior to the proposed transfer of any individual detained pursuant to the AUMF who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the government of Afghanistan or any other country.
(Sec. 1042) Directs the Secretary to report to the defense and foreign relations committees on the recidivism rates and related factors of individuals formerly detained at the Parwan Detention Facility.
(Sec. 1043) Amends the NDAA for Fiscal Year 2012 to provide revised or additional requirements relating to the transfer of individuals detained at Guantanamo to foreign countries and entities. Requires the Secretary to provide a certification prior to such transfer by no later than 90 days (under current law, 30 days) before such transfer. Requires, additionally: (1) an assessment of the likelihood that a transferred individual will engage in terrorist activity thereafter, (2) a detailed summary of the individual's history of associations with foreign terrorist organizations, and (3) the individual's record of cooperation while in DOD custody.
Subtitle E: Nuclear Forces - (Sec. 1051) Amends the NDAA for Fiscal Year 2012 to restate the sense of Congress with respect to the U.S. nuclear weapons employment strategy, plans, and options, and its oversight by Congress. Requires the Secretary to annually brief the defense and appropriations committees on such strategy, plans, and options.
(Sec. 1052) Provides findings regarding DOD commitments for nuclear weapons stockpile modernization.
(Sec. 1053) Expresses the sense of Congress that the United States is committed to: (1) ensuring the safety, security, reliability, and credibility of its nuclear forces; (2) proceeding with a robust stockpile stewardship program and maintaining U.S. nuclear weapons production capabilities and capacities; (3) reinvigorating and sustaining its nuclear security laboratories and preserving core nuclear weapons competencies; and (4) providing necessary resources to achieve these objectives.
Amends the NDAA for Fiscal Year 2012 to require a report from the President to the defense, appropriations, and foreign relations committees in any year in which the President determines that an appropriations Act fails to meet the resource levels required in a plan for nuclear modernization activities referred to in the NDAA for Fiscal Year 2010. Prohibits the reduction of U.S. deployed nuclear warheads until the President certifies that the identified resources shortfall has been addressed and 120 days have elapsed following such certification. Provides an exception to such prohibited warhead reductions when made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems.
(Sec. 1054) Prohibits the implementation of a new nuclear weapons employment strategy as provided under section 1051, above, until one year after a report describing such strategy has been submitted. Prohibits, during FY2012-FY2021, any DOD funds from being used to carry out the results of decisions made under the 2010 Nuclear Posture Review Implementation Study that would alter the current nuclear weapons employment strategy, guidance, plans, or options until the President certifies to the defense and appropriations committees, among other things, that the President has included the resources necessary to carry out such decisions and the resources have been provided in an appropriations Act.
(Sec. 1055) Directs the President, beginning with FY2013, to annually certify to the defense and appropriations committees whether plans to modernize or replace strategic delivery systems are fully resourced and being executed at a level equal to or more than the levels set forth in the November 2010 update of a report on the plan for the nuclear weapons stockpile, complex, and delivery platforms. Provides that if the President certifies that plans to modernize or replace strategic delivery systems are not fully resourced or being executed, then no DOD funds for FY2012 or thereafter may be used to reduce, convert, or eliminate such systems until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1056) Amends the NDAA for Fiscal Year 2012 to require the President, during any year when recommending to reduce the number of nuclear weapons by greater than 1% of their total, to certify to the defense and appropriations committees whether such reduction will cause the number of such weapons to be fewer than the number of such weapons in the active and inactive stockpiles of the Russian Federation. Provides that if the President makes a positive certification, then none of the funds for DOD or the NNSA for FY2012 or thereafter may be used to carry out such a reduction until 180 days after the President submits to the defense and appropriations committees a report by the Commander of the U.S. Strategic Command detailing whether the reduction would create a strategic nuclear forces imbalance between the United States and the Russian Federation. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1057) Prohibits, during any year in which the President recommends any reductions in U.S. nuclear forces, any funds made available to DOD or NNSA from being used for such reductions until: (1) the President provides the defense, appropriations, and foreign relations committees with certain information concerning the nuclear weapons capacity of foreign countries; and (2) the Commander of the U.S. Strategic Command certifies to such committees that such reductions will not, among other things, impair the ability of the United States to address unplanned strategic or geopolitical events or technical challenges.
(Sec. 1058) Amends the NDAA for Fiscal Year 2012 to direct the President, beginning with FY2013, to certify to the defense and appropriations committees whether: (1) the construction of both the Chemistry and Metallurgy Research Replacement Building and the Uranium Processing Facility will be completed by no later than 2021, and (2) both facilities will be operational by no later than 2024. Provides that, if the President makes a positive determination with respect to such certification, then no funds available to DOD or NNSA for FY2012 or thereafter may be used to reduce nondeployed nuclear warheads until 120 days after such certification. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1059) Expresses the sense of Congress that reducing the number of nuclear warheads on each U.S. intercontinental ballistic missile (ICBM) does not promote strategic stability if at the same time other nuclear weapon states including the Russian Federation and China are rapidly increasing the warhead-loading of their land-based missile forces.
Prohibits, during any year in which the President proposes to reduce the number of nuclear warheads on a U.S. ICBM, any funds made available to DOD or NNSA from being used for such reduction if it results in such missile having only a single nuclear warhead unless the President certifies to the defense and appropriations committees that the Russian Federation and China are also carrying out a similar reduction. Provides an exception with respect to reductions made to ensure the safety, security, reliability, and credibility of nuclear weapons stockpile and delivery systems.
(Sec. 1060) Expresses U.S. policy with respect to: (1) the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe in light of the strategic and nonstrategic nuclear weapons threat from the Russian Federation; and (2) the extended U.S. nuclear deterrence commitment in Europe for purposes of NATO and U.S. allies.
Prohibits the use of DOD funds in FY2012 and thereafter to effect or implement the reduction, consolidation, or withdrawal (reduction) of U.S. nuclear forces based in Europe unless: (1) the reduction is requested by the government of the host nation, (2) the President makes a specified certification with respect to NATO agreement with the reduction or of a reciprocal reduction by the Russian Federation, or (3) the reduction is specifically authorized by an Act of Congress. Requires the President, upon a positive reduction determination, to notify the defense and foreign relations committees of such reduction, its justification, and how NATO-member states assess the credibility of the U.S. deterrence capacity in Europe. Prohibits the President from commencing such a reduction until 180 days after such certification.
(Sec. 1061) Requires the Chairman of the Nuclear Weapons Council (jointly operated by DOD and DOE) to disseminate to each Council member each meeting's agenda and documents at least seven days in advance. Makes the Council responsible for coordinating and approving annual NNSA budget proposals.
(Sec. 1062) Establishes the Interagency Council on the Strategic Capability of the National Laboratories to, among other things, identify and consider the adequacy of the science, technology, and engineering capabilities of the national laboratories. Requires an activities report from the Council to Congress.
(Sec. 1063) Directs the Commander of the U.S. Strategic Command to report to the defense, appropriations, and foreign relations committees on the underground tunnel network used by China as it relates to U.S. capability to use conventional and nuclear forces to neutralize such tunnels and what is stored there.
(Sec. 1064) Expresses the sense of Congress in support of reinforcing the security of U.S. allies and strengthening U.S. deterrent capability against the illegal and increasingly belligerent actions of North Korea. Requires a report from the Secretary to the defense and appropriations committees on deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability there.
(Sec. 1065) Expresses the sense of Congress that the U.S. nuclear force structure should be periodically reexamined to assess assumptions that shape the structure, size, and targeting of such forces and to ensure that such forces are structured, sized, and targeted: (1) to be capable of holding at risk the assets that potential adversaries value, and (2) to provide robust extended deterrence and assurance to U.S. allies.
Subtitle F: Studies and Reports - (Sec. 1066) Directs the Secretary to submit to the defense, appropriations, and science committees an assessment of the DOD use of electromagnetic spectrum. Requires an interim update on the status of such report.
(Sec. 1067) Directs the Secretary to review and update DOD guidance related to electronic warfare to ensure that oversight roles and responsibilities related to electronic warfare policy and programs are clearly defined. Amends the NDAA for Fiscal Year 2010 to add in a required report information on electronic warfare strategy performance measures.
(Sec. 1068) Requires the Secretary to submit to the defense and appropriations committees the operational capabilities, limitations, and shortfalls within DOD with respect to counterproliferation and combating weapons of mass destruction involving special operations forces and key enabling forces.
Subtitle G: Miscellaneous Authorities and Limitations - (Sec. 1071) Amends the Skelton Act to allow a member's mental health professional or commanding officer to inquire if the member owns any firearms or other weapons, if such professional or officer reasonably believes that the member is at high risk for suicide or causing harm to others.
(Sec. 1072) Authorizes the Secretary, in order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, to: (1) loan or donate excess small arms to such organization, (2) authorize the organization to retain small arms other than M-1 rifles, or (3) prescribe policies and procedures to establish a rotational loan program based on the organization's need.
(Sec. 1073) Prohibits funds from this Act from being used for manufacturing production beyond the greater of low-rate initial production or 1000 units at a prototype integration facility of specified components of the Army Research, Development, and Engineering Command. Authorizes a waiver of such prohibition by the Assistant Secretary of the Army for Acquisition, Logistics, and Technology for reasons of national security or to rapidly respond to combat emergencies.
(Sec. 1074) Directs the Secretary to collaborate with the Administrator of the Federal Aviation Administration (FAA) and the Administrator of the National Aeronautics and Space Administration (NASA) to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with the FAA Modernization and Reform Act of 2012. Requires the Secretary to report annually to Congress, until five years after the enactment of this Act, on the progress of collaborative research activity.
(Sec. 1075) Authorizes the Secretary to transfer surplus mine-resistant ambush-protected vehicles and their parts to non-profit U.S. humanitarian demining organizations. Requires 60 days' advance congressional notification before any such transfer.
(Sec. 1076) Prohibits FY2013 DOD funds from being used to divest, retire, or transfer any: (1) C-23 Army aircraft assigned to the Army as of May 31, 2012, or (2) Air Force aircraft assigned to the Air Force as of such date. Authorizes the Secretary to waive such limitation after certifying to the defense and appropriations committees that the waiver is necessary to meet an emergency national security requirement and waiting 15 days after such certification. Directs the Secretary to submit to such committees a report, submitted by the military department chiefs of staff and approved by the Secretary, that contains an economic analysis and alternative options with respect to all aircraft proposed to be retired during FY2013-FY2017. Requires the CG to carry out an economic analysis of realignment decisions made and alternative options considered by the Secretary with respect to such aircraft, and to submit such analysis to such committees.
(Sec. 1077) Prohibits any person from restricting a DOD civilian employee (under current law, only a member of the Armed Forces) from communicating with a Member of Congress or an Inspector General. Provides that such prohibition also precludes the use of a nondisclosure agreement to restrict communication, but allows the use of such agreements to prevent the disclosure of: (1) deliberations regarding the closure or realignment of a military installation under a base closure law, (2) commercial proprietary information, and (3) classified information exceeding the clearance level held by the requestor.
Subtitle H: Other Matters - (Sec. 1081) Establishes a bipartisan independent strategic review panel to conduct: (1) regular (every four years) reviews of the national defense strategic environment, and (2) an independent assessment of the currently-required quadrennial defense review. Requires panel reports after each such review: (1) to the defense and appropriations committees, the Secretary, and the National Security Council, with respect to the national defense strategic environment; and (2) such committees and the Secretary, with respect to quadrennial defense review assessments. Requires such panel to: (1) begin a review of the future of the Army relating to force structure and resource requirements, and (2) report review results to such committees and the Secretary.
(Sec. 1082) Directs the Secretary to notify the above committees upon determining that a report required by law to be submitted to Congress by a DOD official will not be submitted by the required date.
(Sec. 1083) Makes technical and clerical amendments to various prior national defense authorization Acts and federal provisions. Repeals certain expired provisions.
Title XI: Civilian Personnel Matters - Subtitle A: General Provisions - (Sec. 1101) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to increase from 40 to 60 the number of individuals authorized to be appointed by the Secretary to science and engineering positions within the Defense Advanced Research Projects Agency (DARPA).
(Sec. 1102) Authorizes government-provided or reimbursed transportation of family pets of federal civilian employees during evacuations from permanent stations outside the United States.
(Sec. 1103) Extends through FY2017 the authority for the direct hiring of individuals for certain federal acquisition programs when there is a severe shortage of qualified individuals or a critical hiring need.
(Sec. 1105) Requires the Secretary to notify the defense and appropriations committees at least 60 days before implementing any change in the policy regarding senior mentors.
Subtitle B: Interagency Personnel Rotations - (Sec. 1111) Interagency Personnel Rotation Act of 2012 - Establishes the Committee on National Security Personnel (Committee) within the Executive Office of the President. Establishes a Committee Board. Authorizes appropriations. Terminates the National Security Professional Development Integration Office within DOD. Transfers the functions of such Office to either the OMB or OPM, as determined by the Committee.
Requires the Committee to identify National Security Interagency Communities of Interest (ICIs) for purposes of carrying out this Subtitle and to provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is within a related agency or within an interagency body. Defines "ICI position" as a position that has significant responsibility in interagency activities related to national security or homeland security. Requires that participation in the rotational service be voluntary. Provides for appropriate participant training.
Requires the establishment of two ICIs, one for emergency management and one for stabilization and reconstruction.
Requires the Committee, every four years, to issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary to accomplish national security and homeland security objectives that require the integration of personnel and activities from multiple executive branch agencies.
Directs the CG to study the rotational service performed, and report study results to Congress.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief) in Afghanistan.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to include small-scale military construction within authorized activities under a DOD program to build the capacity of foreign military forces to conduct counterterrorism and stability operations. Provides FY2013 limits on expenditures for such construction. Allows up to 20% of the FY2013 funds for all authorized activities to be used during FY2014, upon notification of the defense and appropriations committees.
(Sec. 1203) Amends the NDAA for Fiscal Year 2010 to extend through FY2015 DOD authority to enter into international defense personnel exchange agreements.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2013 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Afghanistan and Pakistan. Decreases the amount of such funding. Prohibits FY2013 reimbursements to Pakistan unless the Secretary submits to the defense and appropriations committees: (1) a report on conditions and caveats placed by Pakistan on the use of its supply routes, and (2) a certification of Pakistan's commitment in supporting counterterrorism operations and related matters.
(Sec. 1212) Amends the NDAA for Fiscal Year 2012 to allow operations and activities of the Office of Security Cooperation in Iraq using DOD funds to include training and assisting Iraqi Ministry of Defense personnel. Provides an FY2013 limitation on such funding. Requires the Secretary to submit a report on such Office to the defense, appropriations, and foreign relations committees.
(Sec. 1213) Amends the Skelton Act to extend through FY2013 DOD authority to use funds for former insurgent reintegration activities in Afghanistan. Reduces the FY2013 funding under such authority.
(Sec. 1214) Expresses the sense of Congress that the best security and force protection for U.S. Armed Forces garrisoned and housed in Afghanistan can be provided by U.S. military personnel as opposed to private security contractors or members of the Afghan Public Protection Force. Prohibits DOD funds from being used for providing such protection by private contractors of such Protection Force. Directs the President to ensure that a sufficient number of U.S. Armed Forces are trained and available to provide such security and force protection. Authorizes the President to waive the funding prohibition after certifying to Congress concerning the adequacy of private contractor or Protection Force protection. Directs the Secretary to report quarterly to the defense and appropriations committees on any attempted and successful attacks on U.S. personnel in Afghanistan by the Afghan National Security Forces, the Afghan Public Protection Force, and private security contractors.
(Sec. 1215) Directs the CG, within 180 days after any substantial update or modification to the campaign plan for Afghanistan, to report to the defense and appropriations committees on the updated or modified plan, including an assessment. Terminates the report requirement at the end of FY2014.
(Sec. 1216) Expresses the sense of Congress (among other things): (1) recognizing significant progress by U.S. and coalition forces toward security and stability in Afghanistan; (2) wishing to ensure that such progress is maintained as the United States transfers the lead for such security and stability to the Afghan National Security Forces; and (3) stating that the President should take certain actions to promote further stability and security in Afghanistan, including appropriate U.S. troop presence there in upcoming years. Directs the President to notify the defense and appropriations committees prior to any decision to reduce the number of U.S. Armed Forces deployed there below the number deployed as of the end of 2012 through 2014.
(Sec. 1217) Amends the NDAA for Fiscal Year 2012 to extend through FY2013 the Pakistan Counterinsurgency Fund. Prohibits the obligation of more than 10% of such funding during FY2013 until the Secretary submits to Congress an update on the strategy for utilizing Fund amounts, as well as metrics used to determine progress in Fund purposes.
Subtitle C: Matters Relating to Iran - (Sec. 1221) Declares that it is the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon.
(Sec. 1222) Expresses the sense of Congress that: (1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize U.S. policy and resolve by enhancing U.S. military and allied forces readiness, as well as signaling Iran of the U.S. commitment to defend its vital national security interests; and (2) the President should augment the presence of the U.S. Fifth Fleet in the Middle East by conducting military readiness activities to underscore U.S. policy and resolve. Directs the Secretary to prepare and submit to the defense and appropriations committees a plan for such augmentation.
(Sec. 1223) Amends the NDAA for Fiscal Year 2010 to require an annual report on the military power of Iran to include an assessment by the Commander of the U.S. Central Command on any gaps in U.S. intelligence and military capabilities to counter Iranian threats or prevent its development of a nuclear weapon.
Subtitle D: Reports and Other Matters - (Sec. 1231) Amends the NDAA for Fiscal Year 2000 to require the inclusion, in an annual report on military and security developments involving China, the strategy, goals, and capabilities of Chinese space programs and cyber activities. Requires the Commander of the U.S. Pacific Command to provide an assessment of any gaps in U.S. intelligence and military capabilities to counter challenges posed by China.
(Sec. 1232) Amends the NDAA for Fiscal Year 2012 to extend through 2013 a required report on military and security developments involving North Korea. Requires the Commander of the U.S. Pacific Command to assess any gaps in U.S. intelligence and military capabilities to counter threats from North Korea.
(Sec. 1233) Directs the Secretary, in each of 2013 through 2015, to report to the defense, appropriations, and foreign relations committees on the direct, indirect, and burden-sharing contributions made by host nations to support U.S. Armed Forces deployed in such country.
(Sec. 1234) Amends the NDAA for Fiscal Year 2010 to extend through FY2013 the authorization of appropriations for the NATO Special Operations Headquarters. Prohibits more than 50% of such FY2013 funds from being obligated or expended until 30 days after the Secretary finalizes and formalizes the U.S. Special Operations Command as the executive agent and lead component of such Headquarters.
(Sec. 1235) Directs the Secretary to report annually through 2015 on the export of missile defense technology to foreign countries that export space, counter-space, and ballistic missile equipment, material, and technology that could be used in other countries' space, counter-space, and ballistic missile programs.
(Sec. 1236) Prohibits FY2012-FY2013 DOD funds from being used to provide the Russian Federation with classified information regarding: (1) U.S. missile defense technology, including hit-to-kill technology; or (2) sensitive technical, warning, detection, tracking, targeting, telemetry, command and control, and battle management data that support U.S. missile defense capabilities. Prohibits any such funds from being used to provide the Russian Federation with access to missile defense technology or other technical data not described above until 30 days after the President has submitted to the defense and foreign relations committees: (1) a report concerning the specific technology or data to be provided, and (2) a certification concerning the security and protection of such technology or data and the presence of equitable access by the United States to such technology or data of the Russian Federation.
(Sec. 1237) Expresses the sense of Congress that any missile defense cooperation agreement between the United States and the Russian Federation should not be considered legally or politically binding unless it is specifically approved with the advice and consent of the Senate or specifically authorized by an Act of Congress. Provides the same requirements with respect to any agreement with a country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities. Directs the President to annually notify the defense, appropriations, and foreign relations committees whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in its missile defense capabilities, and (2) during any negotiations a Russian Federation representative suggested that a treaty or other agreement include restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe. Prohibits any DOD funds for FY2012 or thereafter from being used to implement a defense technology cooperation agreement between the two countries until 60 days after the President transmits such agreement to the defense and appropriations committees. Prohibits any FY2012-FY2013 DOD funds from being used to implement a missile defense agreement between the two countries until 30 days after the President submits to the defense and foreign relations committees the draft agreement discussed at Deauville, France, in May 2011.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2013 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, (6) the Defense Health Program, and (7) Army cemeterial expenses.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2013, to obligate up to $44,899,227 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to include as an NDS objective the avoidance of a single point of failure in the acquisition of NDS materials in times of national emergency.
Subtitle C: Other Matters - (Sec. 1421) Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury.
(Sec. 1422) Earmarks specified funds for transfer from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1423) Authorizes appropriations for FY2013 for the Armed Forces Retirement Home.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2013 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the Warner Act to apply to funds made available for such Fund for FY2013. Requires a monthly Fund obligation and expenditure report during FY2013 from the Secretary to the defense and appropriations committees.
(Sec. 1532) Amends the Skelton Act to extend into 2013 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Reduces the scope of authorized projects to those related to mining and natural resource industries in Afghanistan. Reduces FY2013 funding. Prohibits the obligation of any FY2013 funds until the Secretary notifies Congress that Task Force activities will be transitioned to the State Department by the end of FY2013.
(Sec. 1533) Requires funds authorized for the Afghanistan Security Forces Fund in FY2013 to be subject to Fund use and other conditions outlined under the NDAA for Fiscal Year 2008. Prohibits any such funds from being obligated or expended for the Afghan Public Protection Force (APPF) until the Secretary makes a certification to the defense and appropriations committees relating to the contents of each subcontract for APPF services, or under any agreement between the United States and Afghanistan for services provided by the APPF. Outlines additional certification requirements relating to the training and performance of APPF personnel, including within areas of U.S. combat operations. Requires the Secretary to provide the defense and appropriations committees, during FY2013-FY2014, with quarterly assessments of the APPF.
Title XVI: Industrial Base Matters - Subtitle A: Defense Industrial Base Matters - (Sec. 1601) Disestablishes the Defense Materiel Readiness Board, and closes the Defense Strategic Readiness Fund. Repeals a provision of the NDAA for Fiscal Year 2008 authorizing the Secretary to designate critical materiel readiness shortfalls.
(Sec. 1602) Requires each defense assessment of the effects of foreign boycotts to include a separate assessment of their effects on the U.S. national technology and industrial base.
(Sec. 1603) Authorizes the Secretary to establish and implement a pilot program to accelerate the development and fielding of research innovations from qualifying institutions having past performance in technology transition or commercialization of third-party research. Provides funding from DOD RDT&E funds. Requires a report from the Secretary to the defense and appropriations committees on the effectiveness of activities under the pilot program. Terminates the pilot program at the end of FY2017.
(Sec. 1604) Directs the Secretary to develop a national security strategy for the national technology and industrial base (NTIB). Adds as NTIB objectives: (1) ensuring reliable sources of materials that are critical to national security, and (2) reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts. Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP.
Subtitle B: Department of Defense Activities Related to Small Business Matters - (Sec. 1611) Directs the Secretary to establish a pilot program to assist in the growth and development of advanced small businesses (small businesses with fewer than twice the number of employees of as Small Business Administration [SBA] standard small businesses, or less than three times their average annual receipts). Prohibits such businesses from being eligibile for any assistance provided under the Small Business Act or the Small Business Investment Act of 1958, unless specifically provided in the pilot program. Directs the Secretary to: (1) develop and issue guidance to implement the program; and (2) report annually, for the duration of the program, to the defense and small business committees. Terminates the program three years after the implementation guidance is issued.
(Sec. 1612) Directs the Secretary to develop and issue guidance to ensure that the head of each Office of Small Business Programs in DOD is a participant in DOD or military department requirements development and acquisition decision processes.
(Sec. 1613) Requires the Secretary to designate within each defense audit agency a Small Business Advocate to: (1) advise the director of that audit agency on all issues related to small businesses, (2) serve as that agency's primary point of contact and information source for small businesses, (3) collect relevant data and monitor that agency's conduct of audits of small businesses, and (4) develop and implement processes and procedures to improve that agency's performance in the timeliness of audits of small businesses and its responsiveness to issues or matters raised by small businesses.
(Sec. 1614) Directs the Secretary to: (1) contract with a FFRDC to conduct an independent assessment of DOD's procurement performance related to small businesses, and (2) submit assessment results to the defense and appropriations committees.
(Sec. 1615) Directs the Secretary to select an appropriate entity outside DOD to conduct an independent review and assessment of the transition of technologies developed by small businesses, such as those developed under the Small Business Innovation Research Program, into major weapon systems and major automated information systems for DOD. Requires an assessment report: (1) from the chosen entity to the Secretary, and (2) from the Secretary to the defense and appropriations committees.
(Sec. 1616) Amends the Inspector General Act of 1978 to direct the DOD Inspector General to conduct peer reviews of DOD audit agencies with and in such frequency as provided by government auditing standards established by the CG. Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review.
(Sec. 1617) Amends the Small Business Act to authorize the Secretary and the Secretary concerned to use up to 1% of funds available to each under the Small Business Innovation Research Program for administrative expenses of DOD's Commercialization Readiness Program.
Subtitle C: Matters Relating to Small Business Concerns - Part I: Procurement Center Representatives - (Sec. 1621) Amends the Small Business Act to replace the position of breakout procurement representative within SBA with the position of procurement center representative. Requires such representatives to, among other things, review any acquisition plan with respect to a procurement requirement, and make recommendations regarding procurement method determinations and acquisition plans. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract. Requires such representatives to: (1) have electronic access to any acquisition plan developed or in development with respect to a procurement activity, (2) be an advocate for the maximum practicable utilization of small businesses in federal contracting, and (3) be notified of and included in all applicable acquisition planning processes.
(Sec. 1622) Directs the Defense Acquisition University and the Federal Acquisition Institute to each provide a course on contracting requirements under the Small Business Act. Requires SBA business opportunity specialists to have a Level I Federal Acquisition Certification in Contracting. Directs the CG to study, and report to the small business committees on, the relationship between the size and quality of the acquisition workforce and the federal government's ability to maximize the utilization of small business in federal procurement.
(Sec. 1623) Requires each federal department or agency having contracting authority to: (1) enumerate opportunities for participation by small businesses during all acquisition planning processes and in all acquisition plans, and (2) invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization and procurement center representative in such planning processes and provide Director and representative access to all acquisition plans in development.
Part II: Goals for Procurement Contracts Awarded to Small Business Concerns - (Sec. 1631) Raises from 23% to 25% the governmentwide prime contract award goal for participation by small business concerns and makes the governmentwide subcontract participation award goal 40% for such businesses. Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories).
Requires the small business procurement goals established by the head of each federal agency participating in federal procurement contracts to: (1) be in the same format as the goals established by the President, (2) address both prime contract and subcontract awards, and (3) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the SBA Administrator in establishing agency goals, and (2) develop a plan for achieving agency goals.
(Sec. 1632) Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.
(Sec. 1633) Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires agency heads to ensure that performance evaluations of such individuals who are responsible for acquisition include consideration of the agency's success in achieving small business contracting goals and percentages.
Part III: Mentor-Protege Program - (Sec. 1641) Authorizes the SBA Administrator to establish a mentor-protege program for all small businesses. (Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8(a) guaranteed loan program.) Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it. Requires the Administrator to approve or disapprove a plan based on whether the proposed program: (1) will assist proteges to compete for federal prime contracts and subcontracts, and (2) complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts. Requires annual reports from the Administrator to the small business committees concerning such programs.
(Sec. 1642) Directs the CG to conduct a study to: (1) update a study required under the Small Business Jobs Act of 2010 concerning mentor-protege programs for small businesses participating in the SBA section 8(a) guaranteed loan program, (2) examine whether potential affiliation issues between mentors and proteges under prior programs have been resolved by the date of enactment of this Act, and (3) examine whether the regulations issued pursuant to the Small Business Act have increased opportunities for mentor-protege pairs and decreased the paperwork required for such pairs participating in programs at multiple agencies.
Part IV: Transparency in Contracting - Subpart A: Limitations on Subcontracting - (Sec. 1651) Places, subject to stated exceptions, limits on subcontracting expenditures, including prohibiting a small business receiving a guaranteed loan through the SBA from expending: (1) more on subcontractors than 50% of the loan amount received in the case of a contract for services, and (2) more on supplies than 50% of the loan amount received, less the cost of materials, in the case of a contract for services. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver.
(Sec. 1652) Provides penalties for violations of the above limitations.
Subpart B: Subcontracting Plans - (Sec. 1655) Requires each subcontracting plan submitted to federal agencies to contain assurances that the offeror or bidder will: (1) report on subcontracting activities throughout the life of the contract, and (2) cooperate with any study or survey required by the federal agency or SBA to determine the extent of compliance with the subcontracting plan. Directs the Administrator to ensure that the federal subcontracting reporting system to which such reports are submitted is modified to notify the Administrator, the appropriate contracting officer, and the appropriate Director of Small and Disadvantaged Business Utilization if an entity fails to submit a required report. Makes such failure a breach of contract for which appropriate action may be taken.
Provides that if an agency procurement center or commercial market representative determines that a subcontracting plan fails to provide the maximum practicable opportunity for small businesses to participate, such representative may delay acceptance of the plan for a 30-day period for plan alteration.
Subpart C: Publication of Certain Documents - (Sec. 1658) Allows a federal agency to convert a function from performance by a small business to performance by a federal employee only if the agency has made publicly available the procedures and methodologies for such a decision.
Part V: Small Business Concern Size Standards - (Sec. 1661) Requires the Administrator, in conducting a rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry.
Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industrial Classification codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.
Part VI: Contract Bundling - (Sec. 1671) Consolidates SBA provisions relating to contract bundling (the consolidation of two or more procurement requirements into a solicitation for a single prime contract that is unlikely, because of its size or complexity, to be suitable for award to a small business). Requires the Procurement Activity (Activity) of a federal department or agency (agency), at least 45 days prior to the issuance of a solicitation, to provide to that Activity's procurement center representative a copy of the proposed procurement together with, among other things, the number of small businesses that could be excluded from bidding if the contract is a bundled contract. Requires the Administrator, in the case of a previously bundled contract that is to be recompeted as a bundled contract, to determine, among other things, the amount of savings and benefits achieved under the bundling. Requires a procurement center representative who believes that a procurement as proposed will render small business prime contract participation unlikely to recommend to the Activity alternative procurement methods to increase small business contracting opportunities.
Requires the head of an agency, before proceeding with an acquisition strategy that could lead to a bundling of contract requirements, to conduct market research to determine whether bundling is necessary and justified. Prohibits an agency head from carrying out an acquisition strategy that includes bundled contracts valued in excess of certain thresholds unless the senior procurement executive for such agency certifies to the agency head that steps will be taken to include small businesses in the acquisition strategy prior to its implementation. Allows a small business, in the case of a bundled contract, to submit an offer that provides for the use of a team of subcontractors for contract performance.
Directs the Administrator to develop and maintain a database of information on each bundled contract awarded by an agency and each small business displaced as a prime contractor as a result of such award.
Requires annual reports from the Administrator to the small business committees on federal contract bundling, including cost savings and impact on small businesses.
Requires: (1) each federal agency to include in each solicitation for any multiple award contract above certain thresholds a provision soliciting bids from any responsible source, including small businesses and teams or joint ventures of small businesses; and (2) the Federal Acquisition Regulatory Council to establish and publish a government-wide policy regarding contract bundling.
(Sec. 1672) Repeals redundant contract bundling provisions and makes technical amendments.
Part VII: Increased Penalties for Fraud - (Sec. 1681) Provides that in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a licensed attorney who is not an employee of the defendant. Requires the Administrator to: (1) issue rules defining an advisory opinion for such purposes, and (2) issue a compliance guide to assist businesses in accurately determining their small business status.
(Sec. 1682) Establishes in the SBA an Office of Hearings and Appeals, headed by a Chief Hearing Officer, which shall: (1) impartially decide matters where Congress designates that a hearing on the record is required or which the Administrator designates by regulation or otherwise, and (2) contain the SBA's Freedom of Information/Privacy Acts Office.
(Sec. 1683) Includes as a misrepresentation, for SBA purposes, any misrepresentation established by a preponderance of the evidence (in the case of debarment) or adequate evidence (in the case of suspension). Directs the Administrator to publish on the SBA website the standard operating procedures for such debarments and suspensions.
(Sec. 1684) Directs the Administrator to report annually to the small business committees on debarment and suspension actions.
Part VIII: Offices of Small and Disadvantaged Business Units - (Sec. 1691) Requires each Director of Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at least at the GS-15 rate. Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and (5) reporting annually to the small business committees on the provision of small business and contract specialist training.
(Sec. 1692) Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices.
Part IX: Other Matters - (Sec. 1695) Raises the maximum surety bond amount under SBA contracts from $2 million to $6.5 million. Authorizes the Administrator to guarantee a surety for a total work order or contract amount of up to $10 million, if a contracting officer of a federal agency certifies that such a guarantee is necessary. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or misrepresentation by the surety or breach of a material term or condition of the guarantee agreement.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2013 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2015, or the date of enactment of an Act authorizing funds for military construction for FY2016, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing. Authorizes appropriations to the Army for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2012 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Modifies or extends certain prior-year DOD construction projects.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2012 for military construction and land acquisition for chemical demilitarization. Modifies a prior-year chemical demilitarization project.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2012 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2012 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Modifies the authority of the Secretary of the Army to carry out certain prior-year Army National Guard and reserve military construction projects.
(Sec. 2613) Extends certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Realignment and Closure Activities - Subtitle A: Authorization of Appropriations - (Sec. 2701) Authorizes appropriations for fiscal years after 2012 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes appropriations for fiscal years after 2012 for base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
Subtitle B: Other Matters - (Sec. 2711) Replaces the Department of Defense Base Closure Accounts 1990 and 2005 with a single Department of Defense Base Closure Account. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law. Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires a report from the Secretary to the defense and appropriations committees after each year in which the Secretary utilizes Account funds, as well as a final report when such Account is closed.
(Sec. 2712) Directs the Secretary of the Air Force to retain an Air Armament Center at Eglin Air Force Base, Florida, with the same mission elements, responsibilities, and capabilities as existed upon completion of the recommendations of the 2005 Base Closure and Realignment Commission regarding such installation, until such elements, responsibilities, and capabilities are modified pursuant to current or subsequent law.
(Sec. 2713) Prohibits anything in this Act from being construed as authorizing an additional base closure and realignment round and prohibits any of the funds appropriated pursuant to an authorization in this Act from being used to propose, plan for, or execute an additional round.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Requires the commander of each military installation to 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.
(Sec. 2802) Directs each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during the sustainment phase of the project following completion of construction or renovation of the housing units. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing.
(Sec. 2803) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 1994 to extend through FY2013 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2804) Designates as military construction projects (and therefore subject to advance-project authorization requirements and annual Acts authorizing military construction projects) the following construction projects of the NNSA: (1) any project to build a nuclear facility, initiated on or after October 1, 2013, that is estimated to cost in excess of $1 billion and intended to support NNSA nuclear weapons activities; (2) the Chemistry and Metallurgy Research Building Replacement project, Los Alamos, New Mexico; and (3) the Uranium Processing Facility project, Oak Ridge, Tennessee. Authorizes the Secretary to acquire real property and carry out military construction projects at the Los Alamos and Oak Ridge locations. Transfers such constructed facilities to the NNSA Administrator. Expresses the sense of Congress that during FY2014 and thereafter, the budgetary authority provided by the Secretary to such Administrator should be reduced by the amounts needed to fund the design and construction of the Los Alamos and Oak Ridge projects.
(Sec. 2805) States that it is the policy of the United States to create and sustain the capability to produce plutonium pits for nuclear weapons and to ensure sufficient plutonium pit production capacity to respond to technical challenges in the existing nuclear weapons stockpile or geopolitical developments. Expresses the sense of Congress that: (1) successful and timely construction of the Los Alamos Chemistry and Metallurgy Research Building facility is critical to achieving the above policy; (2) prior-year funds for such facility should be applied to continue design and construction in FY2013; and (3) during FY2014 and thereafter, the budgetary authority provided by the Secretary to the NNSA Administrator should be reduced by the amount needed to fund the design and construction of such facility under DOD military construction authorities. Directs the Secretary to request such funding for FY2014 and thereafter. Prohibits the obligation or expenditure of funds on any activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capacity of such facility by 2024.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary concerned to accept services from a nonprofit entity in support of a military museum program and allows such Secretary to lease real and personal property of a military museum program to a nonprofit entity for program purposes.
(Sec. 2812) Changes from any eligible entity to any person the parties with whom DOD may conduct exchanges of real property at certain military installations.
(Sec. 2813) Provides indemnification for transferees of property at any closed military installation any time after October 24, 1988 (the date of enactment of the Defense Authorization Amendments and Base Closure and Realignment Act).
(Sec. 2814) Prohibits the Secretary concerned, after 120 days after the enactment of this Act, from permitting a person 18 years old or older to enter a military installation in the United States unless such person presents a valid: (1) federal or state government issued photo identification card, (2) Common Access card, or (3) uniformed services identification card. Provides an exception with respect to foreign passports for persons visiting such installation or a member or civilian employee. Directs the Secretary concerned to confiscate any expired or fraudulent forms of identification and to keep a list and inform the personnel of any other military installation in that state of any person who attempted to enter such installation without valid identification. Requires the Secretary of Defense to identify minimum procedural requirements to authenticate such forms of identification.
(Sec. 2815) Directs the Secretary to submit to the defense and appropriations committees a plan to protect defense critical assets and critical equipment at military installations from the adverse effects of electromagnetic pulse and high-powered microwave weapons. Requires the Secretary, in preparing the plan, to use the guidance and recommendations of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, as outlined in the Spence Act.
Subtitle C: Energy Security - (Sec. 2821) Requires congressional notification of any transaction or contract for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department if the term of the transaction or contract exceeds 20 years.
(Sec. 2822) Amends the MCAA for Fiscal Year 2012 to continue for FY2013 the prohibition on the use of funds for achieving Leadership in Energy and Environmental Design gold or platinum certifications.
(Sec. 2823) Allows DOD to use for energy security the energy cost savings resulting from shared energy savings contracts.
Subtitle D: Provisions Related to Guam Realignment - (Sec. 2831) Authorizes the Secretary to assist the government of Guam in meeting the costs of providing increased municipal services and facilities as a result of the realignment of military installations and the relocation of military personnel on Guam (the Guam realignment), as long as the Secretary determines that Guam will incur an unfair and excessive financial burden in the absence of such assistance. Authorizes the Secretary to take appropriate actions to mitigate significant impacts of the Guam realignment. Provides funding. Requires the Secretary to submit six-month progress reports to the defense committees. Terminates assistance authority at the end of FY2020.
(Sec. 2832) Prohibits a firing range on Guam from being established until the Secretary certifies to the defense and appropriations committees a national security need for such range related to the readiness of Armed Forces assigned to the U.S. Pacific Command.
(Sec. 2833) Amends the MCAA for Fiscal Year 2012 to repeal certain conditions prior to the use of DOD funds for Guam realignment.
Subtitle E: Land Conveyances - (Sec. 2841) Amends the MCAA for Fiscal Year 2012 to authorize the Secretary of the Interior (under current law, the Secretary of the Air Force) to complete a land conveyance and exchange at Joint Base Elmendorf Richardson, Alaska.
(Sec. 2842) Amends the MCAA, 1987 to allow the Secretary of the Navy to enter into long-term leases of real property within the Broadway Complex of the Department of the Navy, San Diego, California.
(Sec. 2843) Authorizes the Secretary of the Army to convey to: (1) the village of Lordstown, Ohio, specified real property containing the John Kunkel Army Reserve Center, to be used for public purposes; and (2) the Texas Parks and Wildlife Department specified real property at Fort Bliss, Texas, for the establishment and operation of a state park.
(Sec. 2845) Amends the MCAA for Fiscal Year 2005 to allow an additional post-transfer use with respect to a land conveyance at Fort Hood, Texas.
(Sec. 2846) Directs the Secretaries of the Army and the Interior to enter into a specified land exchange involving the Fort Lee Military Reservation and the Petersburg National Battlefield (Virginia).
Subtitle F: Other Matters - (Sec. 2861) Allows religious symbols to be included as part of a military memorial: (1) that is established or acquired by the federal government; or (2) for which the American Battle Monuments Commission cooperated in establishing.
(Sec. 2862) Redesignated the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
(Sec. 2863) Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington (D.C.) Navy Yard for a memorial to honor members who have served as divers, as long as such Secretary has exclusive authority to approve the design and site.
(Sec. 2864) Directs the Secretary of the Army to permit the Gold Star Mothers National Monument Foundation to establish a Gold Star Mothers National Monument in or near Arlington National Cemetery to commemorate the sacrifices made by mothers and made by their sons and daughters who make the ultimate sacrifice in defense of the United States.
(Sec. 2865) Designates the training and support complex at Fort Bragg, North Carolina, as the Colonel Robert Howard Training and Support Complex.
(Sec. 2866) Designates the electrochemistry engineering facility on Naval Support Activity Crane, Indiana, as the John Hostettler Electrochemistry Engineering Facility.
(Sec. 2867) Directs the Secretary of the Air Force to retain the core functions of: (1) the Electronic Systems Center at Hanscom Air Force Base, Massachusetts, with the same integrated mission elements, responsibilities, and capabilities as existed on November 1, 2011, until such time as such elements, responsibilities, and capabilities are modified pursuant to a base closure law; and (2) the Air Force Materiel Command at Wright-Patterson Air Force Base, Ohio, as existed on November 1, 2011, until such core functions are modified pursuant to a base closure law.
Title XXIX: Overseas Contingency Operations Military Construction - (Sec. 2901) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations outside the United States. Authorizes appropriations for fiscal years after 2012 for such purpose.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2013 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security; and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the National Nuclear Security Administration Act to prohibit, as of 180 days after the enactment of this section, the total number of full-time equivalent employees in the Office of the NNSA Administrator from exceeding 1,730. Prohibits such number from exceeding 1,630 as of October 1, 2014. Provides exclusions to such employee limits. Authorizes the Administrator to offer voluntary separation or retirement incentives to meet such limits, and requires the Administrator to establish a work placement program to assist displaced employees. Increases from 300 to 450 the number of excepted NNSA positions. Requires an interim and final report from the Administrator to the defense and appropriations committees on the implementation of such limitations and related matters.
(Sec. 3112) Directs the Administrator, within budget justification materials, to include an assessment of how the budget maintains the core nuclear weapons skills of the NNSA, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.
(Sec. 3113) Directs the Administrator to establish a system of governance, management, and oversight of any contractors who enter into a management and operating contract with NNSA (covered contractors). Requires the system, among other things, to: (1) include clear and auditable performance-based standards; (2) ensure that such governance, management, and oversight is conducted pursuant to national and international standards and best practices; and (3) conduct oversight based on outcomes and performance-based standards rather than transaction-based oversight (with an authorized exemption for purposes of national security or the safety, security, or performance of NNSA). Requires annual reports from the Administrator to the defense and appropriations committees, in each of 2013 through 2016, on any NNSA deviation from such governance, management, and oversight requirements.
(Sec. 3114) Replaces provisions directing the Secretary of Energy (Secretary, for purposes of this Division) to provide a management structure for nuclear weapons production facilities and laboratories with a provision requiring the Administrator to establish a management structure for the nuclear security enterprise. Directs the Administrator to establish the National Nuclear Security Administration Council to: (1) advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and (2) make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency.
(Sec. 3115) Directs the Administrator to establish policies and procedures to ensure the protection of special nuclear material and other sensitive physical assets of the NNSA and to ensure prompt reporting of any significant problem, abuse, violation, or deficiency relating to such protection.
Requires the Administrator to ensure NNSA compliance with all applicable occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970 and to conduct oversight to ensure compliance with best industry and government practices for meeting such standards. Authorizes the Administrator to waive such standards when necessary to ensure safety. Requires the Administrator to waive such requirements for operations involving beryllium. Requires a report from the Administrator to the defense and appropriations committees including an implementation plan to fully transition the policy, regulatory, and oversight authority for the nuclear safety of the nuclear security enterprise from the DOE to the NNSA.
(Sec. 3116) Amends the Atomic Energy Defense Act to direct the Administrator to develop and carry out a plan for the national security laboratories and nuclear weapons production plants to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield.
(Sec. 3117) Directs the Secretary and the Administrator to: (1) revise the DOE Acquisition Regulation and other appropriate regulations, orders, and policies in order to improve and streamline the administration, execution, and oversight of DOE and NNSA missions and operations; and (2) brief the defense and appropriations committees on the revised regulations, orders, and policies.
(Sec. 3118) Prohibits the Administrator, during FY2012-FY2017, from releasing a final request for proposal for competition of any contract to manage and operate a NNSA facility until after reporting to the defense and appropriations committees on costs relating to such competition and related matters. Directs the CG to review such report and submit review results to such committees.
(Sec. 3119) Prohibits the obligation or expenditure of more than 50% of the funds authorized for fusion ignition under the Inertial Confinement Fusion Ignition and High Yield Campaign until the Administrator: (1) certifies to the defense and appropriations committees that fusion ignition has been achieved at the National Ignition Facility at Lawrence Livermore National Laboratory, or (2) submits to such committees a detailed report on fusion ignition. Provides two exceptions to the funding limit.
(Sec. 3120) Limits the obligation or expenditure of funds authorized for the Global Security through Science Partnerships Program until the Secretary submits to the defense and foreign relations committees a plan to complete such Program by the end of 2015.
(Sec. 3121) Limits the obligation or expenditure of funds authorized for the United States-China Center of Excellence on Nuclear Security until the Secretary certifies to the above committees that existing and planned non-proliferation activities undertaken with China are not contributing to the proliferation to other nations of nuclear weapons development and technology.
(Sec. 3122) Extends by two years the schedule for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina, including construction and operation of the MOX (mixed oxide) facility.
Subtitle C: Improvements to National Security Energy Laws - (Sec. 3131) Amends the Atomic Energy Defense Act and the National Nuclear Security Administration Act to make organizational changes, revise responsibilities and terminology, repeal expired provisions, and make technical and clerical amendments.
(Sec. 3135) Repeals reporting requirements under the NDAA for Fiscal Year 2010 and the Atomic Energy Defense Act.
Subtitle D: Reports - (Sec. 3141) Directs the Secretary and the Administrator, as appropriate, to notify the defense, appropriations, and energy committees within 15 days after a nuclear criticality incident resulting from an NNSA or defense environmental cleanup program that results in an injury or fatality or in the partial or complete shut-down of the facility. Requires a record of such incidents to be maintained. Directs such officials to report to such committees on any such incidents during the previous 10-year period.
(Sec. 3142) Requires the director of the appropriate national laboratory, before proceeding beyond phase 6.2 activities with respect to any (nuclear weapon) lifetime extension program, to report to the defense and appropriations committees on the extension option selected for such program.
(Sec. 3143) Directs: (1) the Administrator to contract with the National Academy of Sciences (NAS) to conduct a study of peer review and design competition related to nuclear weapons, (2) the NAS to submit study results to the Administrator, and (3) the Administrator to submit study results and recommendations to the defense committees.
(Sec. 3144) Requires the Administrator, in each of 2013 through 2015, to report to the defense and foreign relations committees on the budget, objectives, and metrics of NNSA defense nuclear nonproliferation programs.
(Sec. 3145) Directs the Administrator to submit to the defense and appropriations committees a study of plutonium pits, including their availability and reuse in future life extension programs.
Subtitle E: Other Matters - (Sec. 3151) Requires the Administrator and Secretary to ensure that the methods for assessing, certifying, and overseeing nuclear safety at specified defense nuclear laboratories and production facilities use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment when sufficient data exists.
(Sec. 3152) Amends the NDAA for Fiscal Year 1998 to prohibit any individual from taking any action against a director of a national security laboratory or nuclear weapons production facility, a member of the Joint Nuclear Weapons Council, or the Commander of the U.S. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: (1) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or (2) the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces. Authorizes each such official to deliver classified information to Congress with respect to such matters.
(Sec. 3153) Authorizes the Secretary, in conjunction with the Secretary of Defense or the DNI, to restore into the Restricted Data category certain information related to the design of nuclear weapons.
(Sec. 3154) Directs the Secretary of Defense, to help inform the life extension decisions made by the Nuclear Weapons Council, to assess the cost of options and alternatives for new life extension programs and for new nuclear facilities estimated to cost more than $500 million. Requires such Secretary and the Administrator to jointly report assessment results to the defense and appropriations committees.
(Sec. 3155) Directs the Secretaries of Defense and Energy to jointly: (1) assess the annual plutonium pit production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal, and (2) report assessment results to the defense and appropriations committees. Requires assessment updates as necessary.
(Sec. 3156) Authorizes the Secretary to use specified FY2013 defense nuclear nonproliferation funds for the development and demonstration of domestic national security-related uranium enrichment activities. Requires the Secretary to certify the necessity of such funding to the defense and appropriations committees.
(Sec. 3157) Expresses the sense of Congress that the Administrator should ensure that fixed and performance-based fees contained in national security laboratory management and operating contracts are as low as possible to maintain a focus on national service while attracting high-quality contractors and achieving the goals of the contract competition.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2013 for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Amends the Atomic Energy Act of 1954 to give each member of the Defense Nuclear Facilities Safety Board equal responsibility and authority in establishing decisions and determining actions of the Board regarding recommendations, budgets, senior staff, hearings and witnesses, investigations, subpoenas, and setting policies and regulations governing Board operations. Revises the Board's mission. Requires each member to be provided funds to employ at least one technical advisor who is not subject to the appointment, direction, or supervision of the Board chairman.
Revises Board recommendation requirements, directing the Board to provide draft recommendations to the Secretary of Energy, who shall have 45 days to comment. Allows the Board, after such comment period, to formalize and publish the recommendation in the Federal Register and seek public comment. Allows the Secretary 60 days after such publication to either accept or reject the recommendation, and to publish a statement of the reasons for such action in the Federal Register. Provides that if a recommendation is: (1) rejected, the Board may transmit a notification thereof to the defense committees; and (2) accepted, the Secretary would be required to submit an implementation plan to the Board. Requires the Board, when submitting a recommendation concerning an imminent or severe threat to public health and safety, to provide recommendation comments to the President.
Requires: (1) certain Board reports to be provided to the defense committees, and (2) the Board to enter into an agreement with a federal agency to procure the services of that agency's Inspector General.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2013 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2013 for the Maritime Administration (MA) for specified activities, including: (1) operations and support of the U.S. Merchant Marine Academy and the state maritime academies, (2) the disposal of obsolete vessels in the National Defense Reserve Fleet (NDRF), (3) maintaining a U.S.-flag merchant fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Spence Act to make the appropriate version of the Federal Acquisition Regulations to be applied to a contract for the purchase of recycling services the one in effect at the time of contract award.
(Sec. 3503) Exempts from federal procurement requirements MA ship disposal-related contracts. Removes the word "merchant" before vessels, thereby allowing for the disposal of vessels capable of being converted to merchant use.
(Sec. 3504) Limits NDRF vessels to those of 1,500 tons or greater, but allows the Secretary to include others as appropriate.
(Sec. 3505) Authorizes the MA to donate excess fuel and shipboard and marine equipment on NDRF vessels to state maritime academies for instructional purposes. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.
(Sec. 3507) Allows all federal entities to transfer vessels to the NDRF, without reimbursement, subject to the approval of the Secretaries of Transportation and the Navy with respect to Ready Reserve Force vessels, and the Secretary of Transportation with respect to all other vessels.
(Sec. 3508) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to conduct sea trials on NDRF vessels when determined necessary (under current law, at least once every 30 months).
(Sec. 3509) Authorizes the Secretary to extend existing Maritime Security Program operating agreements through FY2025. Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement, including procurement for overseas contingency operations; (2) RDT&E, including RDT&E for overseas contingency operations; (3) O&M, including O&M for overseas contingency operations; (4) military personnel and military personnel for overseas contingency operations; (5) other authorizations, including for contingency operations; (6) military construction, including for contingency operations; and (7) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2013 - Authorizes appropriations to the Department of Defense (DOD) for FY2013 for: (1) procurement, including for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion; (2) the Joint Improvised Explosive Device Defeat Fund; (3) purchases under the Defense Production Act of 1950; (4) research, development, test, and evaluation; (5) operation and maintenance; (6) military personnel; (7) Working Capital Funds; (8) the National Defense Sealift Fund; (9) the Joint Urgent Operational Needs Fund; (10) chemical agents and munitions destruction; (11) drug interdiction and counter-drug activities; (12) the Defense Inspector General; (13) the Defense Health Program; (14) the Armed Forces Retirement Home; and (15) overseas contingency operations.
Sets forth provisions or requirements concerning: (1) military personnel policy, (2) education and training, (3) military pay and allowances, (4) military health care, (5) acquisition policy and management, and (6) DOD organization and management.