Clerk session vote number: 625
Description: National Defense Authorization Act for Fiscal Year 2013
Bill 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.
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 [
]: 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 [
]: 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 [
]: 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.
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Bill titles: To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.; To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2013, and for other purposes.; American Medical Isotopes Production Act of 2012; Dale Long Public Safety Officers' Benefits Improvements Act of 2012; Fire Grants Reauthorization Act of 2012; Impact Aid Improvement Act of 2012; Iran Freedom and Counter-Proliferation Act of 2012; Military Construction Authorization Act for Fiscal Year 2013; National Commission on the Structure of the Air Force Act of 2012; United States Fire Administration Reauthorization Act of 2012; American Medical Isotopes Production Act of 2012; Dale Long Public Safety Officers' Benefits Improvements Act of 2012; Fire Grants Reauthorization Act of 2012; Impact Aid Improvement Act of 2012; Iran Freedom and Counter-Proliferation Act of 2012; Military Construction Authorization Act for Fiscal Year 2013; National Commission on the Structure of the Air Force Act of 2012; United States Fire Administration Reauthorization Act of 2012
Links for more info on the vote: congress.gov