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S 3254 PCS

Calendar No. 419

ESCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3254CommentsClose CommentsPermalink

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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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2013’.CommentsClose CommentsPermalink

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

(a) Divisions- This Act is organized into fourseven divisions as follows:CommentsClose CommentsPermalink





(1) Division A-Department of Defense Authorizations.CommentsClose CommentsPermalink





(2) Division B-Military Construction Authorizations.CommentsClose CommentsPermalink





(3) Division C-Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink





(4) Division D-Funding Tables.CommentsClose CommentsPermalink





(5) Division E-Housing Assistance for Veterans.CommentsClose CommentsPermalink





(6) Division F-Stolen Valor Act.CommentsClose CommentsPermalink





(7) Division G-Miscellaneous.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Organization of Act into divisions; table of contents.CommentsClose CommentsPermalink





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink





Sec. 4. Scoring of budgetary effects.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army CH-47F helicopters.CommentsClose CommentsPermalink

Subtitle C--Navy Programs

Sec. 121. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.CommentsClose CommentsPermalink





Sec. 122. Ford class aircraft carriers.CommentsClose CommentsPermalink





Sec. 123. Limitation on availability of amounts for second Ford class aircraft carrier.CommentsClose CommentsPermalink





Sec. 124. Multiyear procurement authority for Virginia class submarine program.CommentsClose CommentsPermalink





Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.CommentsClose CommentsPermalink





Sec. 126. Authority for relocation of certain AEGIS weapon system assets between and within the DDG-51 class destroyer and AEGIS Ashore programs in order to meet mission requirements.CommentsClose CommentsPermalink





Sec. 127. Designation of mission modules of the Littoral Combat Ship as a major defense acquisition program.CommentsClose CommentsPermalink





Sec. 128. Transfer of certain fiscal year 2012 Procurement of Ammunition, Navy and Marine Corps funds.CommentsClose CommentsPermalink





Sec. 129. Transfer of certain fiscal year 2012 Procurement, Marine Corps funds for procurement of weapons and combat vehicles.CommentsClose CommentsPermalink





Sec. 130. Sense of Congress on Marine Corps amphibious lift and presence requirements.CommentsClose CommentsPermalink





Sec. 131. Sense of Senate on Department of Navy fiscal year 2014 budget request for tactical aviation aircraft.CommentsClose CommentsPermalink





Sec. 132. SPIDERNet/Spectral Warrior Hardware.CommentsClose CommentsPermalink

Subtitle D--Air Force Programs

Sec. 141. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory.CommentsClose CommentsPermalink





Sec. 142. Treatment of certain programs for the F-22A Raptor aircraft as major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 143. Avionics systems for C-130 aircraft.CommentsClose CommentsPermalink





Sec. 144. Procurement of space-based infrared system satellites.CommentsClose CommentsPermalink





Sec. 145. Transfer of certain fiscal year 2011 and 2012 funds for Aircraft Procurement for the Air Force.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice Matters

Sec. 151. Multiyear procurement authority for V-22 joint aircraft program.CommentsClose CommentsPermalink





Sec. 152. Limitation on availability of funds for full-rate production of Handheld, Manpack, and Small Form/Fit radios under the Joint Tactical Radio System program.CommentsClose CommentsPermalink





Sec. 153. Shallow Water Combat Submersible program.CommentsClose CommentsPermalink





Sec. 154. AC-130 aircraft electro-optical and infrared sensors.CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Next Generation Foundry for the Defense Microelectronics Activity.CommentsClose CommentsPermalink





Sec. 212. Advanced rotorcraft initiative.CommentsClose CommentsPermalink





Sec. 213. Transfer of certain fiscal year 2012 Navy research, development, test, and evaluation funds.CommentsClose CommentsPermalink





Sec. 214. Authority for Department of Defense laboratories to enter into education partnerships with educational institutions in United States territories and possessions.CommentsClose CommentsPermalink





Sec. 215. Transfer of certain fiscal year 2012 Air Force research, development, test, and evaluation funds.CommentsClose CommentsPermalink





Sec. 216. Relocation of C-band radar from Antigua to H.E. Holt Station in Western Australia to enhance space situational awareness capabilities.CommentsClose CommentsPermalink





Sec. 217. Detailed Digital Radio Frequency Modulation Countermeasures Studies and Simulations.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Matters

Sec. 231. Homeland ballistic missile defense.CommentsClose CommentsPermalink





Sec. 232. Regional ballistic missile defense.CommentsClose CommentsPermalink





Sec. 233. Missile defense cooperation with Russia.CommentsClose CommentsPermalink





Sec. 234. Next generation Exo-atmospheric Kill Vehicle.CommentsClose CommentsPermalink





Sec. 235. Modernization of the Patriot air and missile defense system.CommentsClose CommentsPermalink





Sec. 236. Medium Extended Air Defense System.CommentsClose CommentsPermalink





Sec. 237. Availability of funds for Iron Dome short-range rocket defense program.CommentsClose CommentsPermalink





Sec. 238. Readiness and flexibility of intercontinental ballistic missile force.CommentsClose CommentsPermalink





Sec. 239. Sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy report of the Secretary of Defense.CommentsClose CommentsPermalink

Subtitle D--Reports

Sec. 251. Mission Packages for the Littoral Combat Ship.CommentsClose CommentsPermalink





Sec. 252. Comptroller General of the United States annual reports on the acquisition program for the Amphibious Combat Vehicle.CommentsClose CommentsPermalink





Sec. 253. Conditional requirement for report on amphibious assault vehicles for the Marine Corps.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 271. Transfer of administration of Ocean Research and Resources Advisory Panel from Department of the Navy to National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





Sec. 272. Sense of Senate on increasing the cost-effectiveness of training exercises for members of the Armed Forces.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink

Subtitle B--Energy and Environmental Provisions

Sec. 311. Department of Defense guidance on environmental exposures at military installations.CommentsClose CommentsPermalink





Sec. 312. Funding of agreements under the Sikes Act.CommentsClose CommentsPermalink





Sec. 313. Limitation on availability of funds for procurement of alternative fuelReport on property disposals and additional authorities to assist local communities around closed military installations.CommentsClose CommentsPermalink

Subtitle C--Logistics and Sustainment

Sec. 321. Repeal of certain provisions relating to depot-level maintenance.CommentsClose CommentsPermalink





Sec. 322. Expansion and reauthorization of multi-trades demonstration project.CommentsClose CommentsPermalink





Sec. 323. Rating chains for system program managers.CommentsClose CommentsPermalink

Subtitle D--Reports

Sec. 331. Annual report on Department of Defense long-term corrosion strategy.CommentsClose CommentsPermalink





Sec. 332. Modified deadline for Comptroller General review of annual report on prepositioned materiel and equipment.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 341. Savings to be achieved in civilian workforce and contractor employee workforce of the Department of Defense.CommentsClose CommentsPermalink





Sec. 342. NATO Special Operations Headquarters.CommentsClose CommentsPermalink





Sec. 343. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training.CommentsClose CommentsPermalink





Sec. 344. Sense of the Congress on Navy Fleet requirements.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink





Sec. 402. Additional Marine Corps personnel for the Marine Corps Security Guard Program.CommentsClose CommentsPermalink

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink





Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink





Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink





Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink





Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Policy

Sec. 501. Extension of relaxation of limitation on selective early discharges.CommentsClose CommentsPermalink





Sec. 502. Exception to 30-year retirement for regular Navy warrant officers in the grade of chief warrant officer, W-5.CommentsClose CommentsPermalink





Sec. 503. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education.CommentsClose CommentsPermalink





Sec. 504. Sense of Senate on inclusion of assignments as academic instructor at the military service academies as joint duty assignments.CommentsClose CommentsPermalink

Subtitle B--Reserve Component Management

Sec. 511. Authority for appointment of persons who are lawful permanent residents as officers of the National Guard.CommentsClose CommentsPermalink





Sec. 512. Reserve component suicide prevention and resilience program.CommentsClose CommentsPermalink





Sec. 513. Report on mechanisms to ease the reintegration into civilian life of members of the National Guard and the Reserves following a deployment on active duty.CommentsClose CommentsPermalink

Subtitle C--General Service Authorities

Sec. 521. Diversity in the Armed Forces and related reporting requirements.CommentsClose CommentsPermalink





Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 523. Authority for additional behavioral health professionals to conduct pre-separation medical examinations for post-traumatic stress disorder.CommentsClose CommentsPermalink





Sec. 524. Quarterly reports on involuntary separation of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 525. Review of eligibility of victims of domestic terrorism for award of the Purple Heart and the Defense Medal of Freedom.CommentsClose CommentsPermalink





Sec. 526. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 527. Prohibition on waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense.CommentsClose CommentsPermalink





Sec. 528. Research study on resilience in members of the Army.CommentsClose CommentsPermalink

Subtitle D--Military Justice and Legal Matters Generally

Sec. 531. Clarification and enhancement of the role of the Staff Judge Advocate to the Commandant of the Marine Corps.CommentsClose CommentsPermalink





Sec. 532. Additional information in reports on annual surveys of the committee on the Uniform Code of Military Justice.CommentsClose CommentsPermalink

Subtitle E--Sexual Assault, Hazing, and Related Matters

Sec. 541. Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty.CommentsClose CommentsPermalink





Sec. 542. Additional elements in comprehensive Department of Defense policy on sexual assault prevention and response.CommentsClose CommentsPermalink





Sec. 543. Hazing in the Armed Forces.CommentsClose CommentsPermalink





Sec. 544. Retention of certain forms in connection with Restricted Reports on sexual assault involving members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 545. Prevention and response to sexual harassment in the Armed Forces.CommentsClose CommentsPermalink





Sec. 546. Enhancement of annual reports regarding sexual assaults involving members of the Armed Forces.CommentsClose CommentsPermalink

Subtitle F--Education and Training

Sec. 551. Inclusion of the School of Advanced Military Studies Senior Level Course as a senior level service school.CommentsClose CommentsPermalink





Sec. 552. Modification of eligibility for associate degree programs under the Community College of the Air Force.CommentsClose CommentsPermalink





Sec. 553. Support of Naval Academy athletic programs.CommentsClose CommentsPermalink





Sec. 554. Grade of commissioned officers in uniformed medical accession programs.CommentsClose CommentsPermalink





Sec. 555. Authority for service commitment for Reservists who accept fellowships, scholarships, or grants to be performed in the Selected Reserve.CommentsClose CommentsPermalink





Sec. 556. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers’ Training Corps program.CommentsClose CommentsPermalink





Sec. 557. Modification of requirements on plan to increase the number of units of the Junior Reserve Officers’ Training Corps.CommentsClose CommentsPermalink





Sec. 558. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of the Junior ROTC.CommentsClose CommentsPermalink





Sec. 559. Modification of requirement for reports in Federal Register on institutions of higher education ineligible for contracts and grants for denial of ROTC or military recruiter access to campus.CommentsClose CommentsPermalink





Sec. 560. Comptroller General of the United States report on the Reserve Officers’ Training Corps.CommentsClose CommentsPermalink





Sec. 561. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 562. Comptroller General of the United States reports on joint professional military education matters.CommentsClose CommentsPermalink





Sec. 563. Troops-to-Teachers program enhancements.CommentsClose CommentsPermalink

Subtitle G--Defense Dependents’ Education and Military Family Readiness Matters

Sec. 571. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink





Sec. 572. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink





Sec. 573. Amendments to the Impact Aid program.CommentsClose CommentsPermalink





Sec. 574. Military spouses.CommentsClose CommentsPermalink





Sec. 575. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students.CommentsClose CommentsPermalink





Sec. 576. Sense of Congress regarding support for Yellow Ribbon Day.CommentsClose CommentsPermalink





Sec. 577. Report on future of family support programs of the Department of Defense.CommentsClose CommentsPermalink

Subtitle H--Other Matters

Sec. 581. Family briefings concerning accountings for members of the Armed Forces and Department of Defense civilian employees listed as missing.CommentsClose CommentsPermalink





Sec. 582. Enhancement of authority to accept gifts and services.CommentsClose CommentsPermalink





Sec. 583. Clarification of authorized Fisher House residents at the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware.CommentsClose CommentsPermalink





Sec. 584. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System.CommentsClose CommentsPermalink





Sec. 585. Posthumous honorary promotion of Sergeant Paschal Conley to second lieutenant in the Army.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Rates of basic allowance for housing for Army National Guard and Air National Guard members on full-time National Guard duty.CommentsClose CommentsPermalink





Sec. 602. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error.CommentsClose CommentsPermalink





Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.CommentsClose CommentsPermalink

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.CommentsClose CommentsPermalink





Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink





Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink





Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.CommentsClose CommentsPermalink





Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink





Sec. 616. Increase in amount of officer affiliation bonus for officers in the Selected Reserve.CommentsClose CommentsPermalink





Sec. 617. Increase in maximum amount of incentive bonus for reserve component members who convert military occupational specialty to ease personnel shortages.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation Allowances

Sec. 631. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated.CommentsClose CommentsPermalink





Sec. 632. Authority for comprehensive program for space-available travel on Department of Defense aircraft.CommentsClose CommentsPermalink

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

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and termination of payment of Survivor Benefit Plan annuity.CommentsClose CommentsPermalink





Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members.CommentsClose CommentsPermalink





Sec. 643. Clarification of computation of combat-related special compensation for chapter 61 disability retirees.CommentsClose CommentsPermalink

Subtitle E--Military Lending Matters

Sec. 651. Enhancement of protections on consumer credit for members of the Armed Forces and their dependents.CommentsClose CommentsPermalink





Sec. 652. Additional enhancements of protections on consumer credit for members of the Armed Forces and their dependents.CommentsClose CommentsPermalink





Sec. 653. Relief in civil actions for violations of protections on consumer credit extended to members of the Armed Forces and their dependents.CommentsClose CommentsPermalink





Sec. 654. Modification of definition of dependent for purposes of limitations on terms of consumer credit extended to members of the Armed Forces and their dependents.CommentsClose CommentsPermalink





Sec. 655. Enforcement of protections on consumer credit for members of the Armed Forces and their dependents.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 661. Transitional compensation for dependent children who are carried during pregnancy at time of dependent-abuse offense.CommentsClose CommentsPermalink





Sec. 662. Report on issuance by Armed Forces Medical Examiner of death certificates for members of the Armed Forces who die on active duty abroad.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--TRICARE Program

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program for members of the Selected Reserve who are involuntarily separated.CommentsClose CommentsPermalink





Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform formulary.CommentsClose CommentsPermalink





Sec. 703. Expansion of evaluation of the effectiveness of the TRICARE program.CommentsClose CommentsPermalink





Sec. 704. Report on the future availability of TRICARE Prime throughout the United States.CommentsClose CommentsPermalink





Sec. 705. Certain treatment of developmental disabilities, including autism, under the TRICARE program.CommentsClose CommentsPermalink





Sec. 706. Sense of Congress on health care for retired members of the uniformed services.CommentsClose CommentsPermalink

Subtitle B--Other Health Care Benefits

Sec. 711. Use of Department of Defense funds for abortions in cases of rape and incest.CommentsClose CommentsPermalink





Sec. 712. Availability of certain fertility preservation treatments for members of the Armed Forces on active duty.CommentsClose CommentsPermalink





Sec. 713. Modification of requirements on mental health assessments for members of the Armed forces deployed in connection with a contingency operation.CommentsClose CommentsPermalink

Subtitle C--Health Care Administration

Sec. 721. Clarification of applicability of certain authority and requirements to subcontractors employed to provide health care services to the Department of Defense.CommentsClose CommentsPermalink





Sec. 722. Research program to enhance Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships.CommentsClose CommentsPermalink

Subtitle D--Reports and Other Matters

Sec. 731. Reports on performance data on Warriors in Transition programs.CommentsClose CommentsPermalink





Sec. 732. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department.CommentsClose CommentsPermalink





Sec. 733. Plan to eliminate gaps and redundancies in programs of the Department of Defense on psychological health and traumatic brain injury among members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 734. Report on implementation of recommendations of the Comptroller General of the United States on prevention of hearing loss among members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 735. Sense of Senate on mental health counselors for members of the Armed Forces, veterans, and their families.CommentsClose CommentsPermalink





Sec. 736. Prescription drug take-back program for members of the Armed Forces and their dependents.CommentsClose CommentsPermalink

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

Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Limitation on use of cost-type contracts.CommentsClose CommentsPermalink





Sec. 802. Acquisition strategies for major subsystems and subassemblies on major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 803. Management structure for developmental test and evaluation.CommentsClose CommentsPermalink





Sec. 804. Assessments of potential termination liability of contracts for the development or production of major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 805. Technical change regarding programs experiencing critical cost growth due to change in quantity purchased.CommentsClose CommentsPermalink





Sec. 806. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process.CommentsClose CommentsPermalink

Subtitle B--Acquisition Policy and Management

Sec. 821. One-year extension of temporary limitation on aggregate annual amount available for contract services.CommentsClose CommentsPermalink





Sec. 822. Prohibition of excessive pass-through contracts and charges in the acquisition of services.CommentsClose CommentsPermalink





Sec. 823. Availability of amounts in Defense Acquisition Workforce Development Fund for temporary members of workforce.CommentsClose CommentsPermalink





Sec. 824. Department of Defense policy on contractor profits.CommentsClose CommentsPermalink





Sec. 825. Modification of authorities on internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.CommentsClose CommentsPermalink





Sec. 826. Extension of pilot program on management of supply-chain risk.CommentsClose CommentsPermalink





Sec. 827. Sense of Senate on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative.CommentsClose CommentsPermalink

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

Sec. 841. Applicability of Truth in Negotiations Act to major systems and related subsystems, components, and support services.CommentsClose CommentsPermalink





Sec. 842. Maximum amount of allowable costs of compensation of contractor employees.CommentsClose CommentsPermalink





Sec. 843. Department of Defense access to and use of contractor internal audit reports.CommentsClose CommentsPermalink





Sec. 844. Enhancement of whistleblower protections for contractor employees.CommentsClose CommentsPermalink





Sec. 844A. Whistleblower protections for non-defense contractors.CommentsClose CommentsPermalink





Sec. 845. Extension of contractor conflict of interest limitations.CommentsClose CommentsPermalink





Sec. 846. Repeal of sunset for certain protests of task and delivery order contracts.CommentsClose CommentsPermalink





Sec. 847. Reports on use of indemnification agreements.CommentsClose CommentsPermalink





Sec. 848. Contracting with small business concerns owned and controlled by women.CommentsClose CommentsPermalink

Subtitle D--Provisions Relating to Wartime Contracting

Sec. 860. Short title.CommentsClose CommentsPermalink





Sec. 861. Responsibility within Department of Defense for contract support for overseas contingency operations.CommentsClose CommentsPermalink





Sec. 862. Annual reports on contract support for overseas contingency operations involving combat operations.CommentsClose CommentsPermalink





Sec. 863. Inclusion of contract support in certain requirements for Department of Defense planning, joint professional military education, and management structure.CommentsClose CommentsPermalink





Sec. 864. Risk assessment and mitigation for contractor performance of critical functions in support of overseas contingency operations.CommentsClose CommentsPermalink





Sec. 865. Extension and modification of reports on contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 866. Extension of temporary authority to acquire products and services in countries along a major route of supply to Afghanistan.CommentsClose CommentsPermalink





Sec. 867. Compliance with Berry amendment required for uniform components supplied to Afghanistan military or Afghanistan National Police.CommentsClose CommentsPermalink





Sec. 868. Sense of Senate on the contributions of Latvia and other North Atlantic Treaty Organization member nations to the success of the Northern Distribution Network.CommentsClose CommentsPermalink





Sec. 869. Responsibilities of inspectors general for overseas contingency operations.CommentsClose CommentsPermalink





Sec. 870. Agency reports and inspector general audits of certain information on overseas contingency operations.CommentsClose CommentsPermalink





Sec. 871. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies.CommentsClose CommentsPermalink





Sec. 872. Reports on responsibility within Department of State and the United States Agency for International Development for contract support for overseas contingency operations.CommentsClose CommentsPermalink





Sec. 873. Professional education for Department of State personnel on acquisition for Department of State support and participation in overseas contingency operations.CommentsClose CommentsPermalink





Sec. 874. Database on price trends of items and services under Federal contracts.CommentsClose CommentsPermalink





Sec. 875. Information on corporate contractor performance and integrity through the Federal Awardee Performance and Integrity Information System.CommentsClose CommentsPermalink





Sec. 876. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions.CommentsClose CommentsPermalink





Sec. 877. Public availability of database of senior Department of Defense officials seeking employment with defense contractors.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 881. Requirements and limitations for suspension and debarment officials of the Department of Defense, the Department of State, and the United States Agency for International Development.CommentsClose CommentsPermalink





Sec. 881A. Additional bases for suspension or debarment.CommentsClose CommentsPermalink





Sec. 882. Uniform contract writing system requirements for the Department of Defense.CommentsClose CommentsPermalink





Sec. 883. Comptroller General of the United States review of use by the Department of Defense, the Department of State, and the United States Agency for International Development of urgent and compelling exception to competition.CommentsClose CommentsPermalink





Sec. 884. Authority to provide fee-for-service inspection and testing by Defense Contract Management Agency for certain critical equipment in the absence of a procurement contract.CommentsClose CommentsPermalink





Sec. 885. Disestablishment of Defense Materiel Readiness Board.CommentsClose CommentsPermalink





Sec. 886. Modification of period of wait following notice to Congress of intent to contract for leases of certain vessels and vehicles.CommentsClose CommentsPermalink





Sec. 887. Extension of other transaction authority.CommentsClose CommentsPermalink





Sec. 888. Subcontractor notifications.CommentsClose CommentsPermalink





Sec. 889. Report by the suspension and debarment officials of the military departments and the Defense Logistics Agency.CommentsClose CommentsPermalink





Sec. 889A. Study on army small arms and ammunition acquisition.CommentsClose CommentsPermalink





Sec. 889B. Annual report on defense contracting fraud.CommentsClose CommentsPermalink





Sec. 889C. Plan to increase number of contractors eligible for contracts under Air Force NETCENTS-2 contract.CommentsClose CommentsPermalink





Sec. 889D. Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to Congress.CommentsClose CommentsPermalink





Sec. 889E. Small business HUBZones.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Definition and report on terms ‘preparation of the environment’ and ‘operational preparation of the environment’ for joint doctrine purposes.CommentsClose CommentsPermalink





Sec. 902. Expansion of duties and responsibilities of the Nuclear Weapons Council.CommentsClose CommentsPermalink





Sec. 903. Failure of the Department of Defense to obtain audits with an unqualified opinion on its financial statements by fiscal year 2017.CommentsClose CommentsPermalink





Sec. 904. Information for Deputy Chief Management Officer of the Department of Defense from the military departments and Defense Agencies for defense business system investment reviews.CommentsClose CommentsPermalink

Subtitle B--Space Activities

Sec. 911. Operationally Responsive Space Program Office.CommentsClose CommentsPermalink





Sec. 912. Commercial space launch cooperation.CommentsClose CommentsPermalink





Sec. 913. Reports on integration of acquisition and capability delivery schedules for components for major satellite acquisition programs and funding for such programs.CommentsClose CommentsPermalink





Sec. 914. Department of Defense representation in dispute resolution regarding surrender of Department of Defense bands of electromagnetic frequencies.CommentsClose CommentsPermalink

Subtitle C--Intelligence-Related and Cyber Matters

Sec. 921. Authority to provide geospatial intelligence support to security alliances and international and regional organizations.CommentsClose CommentsPermalink





Sec. 922. Army Distributed Common Ground System.CommentsClose CommentsPermalink





Sec. 923. Rationalization of cyber networks and cyber personnel of the Department of Defense.CommentsClose CommentsPermalink





Sec. 924. Next-generation host-based cyber security system for the Department of Defense.CommentsClose CommentsPermalink





Sec. 925. Improvements of security, quality, and competition in computer software procured by the Department of Defense.CommentsClose CommentsPermalink





Sec. 926. Competition in connection with Department of Defense data link systems.CommentsClose CommentsPermalink





Sec. 927. Integration of critical signals intelligence capabilities.CommentsClose CommentsPermalink





Sec. 928. Collection and analysis of network flow data.CommentsClose CommentsPermalink





Sec. 929. Department of Defense use of National Security Agency cloud computing database and intelligence community cloud computing infrastructure and services.CommentsClose CommentsPermalink





Sec. 930. Electro-optical imagery.CommentsClose CommentsPermalink





Sec. 931. Software licenses of the Department of Defense.CommentsClose CommentsPermalink





Sec. 932. Defense Clandestine Service.CommentsClose CommentsPermalink





Sec. 933. Authority for short-term extension of lease for aircraft supporting the Blue Devil intelligence, surveillance, and reconnaissance program.CommentsClose CommentsPermalink





Sec. 934. Sense of Senate on potential security risks to Department of Defense networks.CommentsClose CommentsPermalink





Sec. 935. Sense of Congress on the United States Cyber Command.CommentsClose CommentsPermalink





Sec. 936. Reports to Department of Defense on penetrations of networks and information systems of certain contractors.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 941. National Language Service Corps.CommentsClose CommentsPermalink





Sec. 942. Report on education and training and promotion rates for pilots of remotely piloted aircraft.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization.CommentsClose CommentsPermalink





Sec. 1003. Audit readiness of Department of Defense statements of budgetary resources.CommentsClose CommentsPermalink





Sec. 1004. Report on effects of budget sequestration on the Department of Defense.CommentsClose CommentsPermalink





Sec. 1005. Report on balances carried forward by the Department of Defense at the end of fiscal year 2012.CommentsClose CommentsPermalink





Sec. 1006. Transfer of certain fiscal year 2012 and 2013 funds.CommentsClose CommentsPermalink

Subtitle B--Counter-Drug Activities

Sec. 1011. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink





Sec. 1012. Requirement for biennial certification on provision of support for counter-drug activities to certain foreign governments.CommentsClose CommentsPermalink





Sec. 1013. Authority to support the unified counterdrug and counterterrorism campaign in Colombia.CommentsClose CommentsPermalink





Sec. 1014. Quarterly reports on use of funds in the Drug Interdiction and Counter-Drug Activities, Defense-wide account.CommentsClose CommentsPermalink

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Retirement of naval vessels.CommentsClose CommentsPermalink





Sec. 1022. Termination of a Maritime Prepositioning Ship squadron.CommentsClose CommentsPermalink





Sec. 1023. Sense of Congress on recapitalization for the Navy and Coast Guard.CommentsClose CommentsPermalink





Sec. 1024. Notice to Congress for the review of proposals to name naval vessels.CommentsClose CommentsPermalink

Subtitle D--Counterterrorism

Sec. 1031. Extension of certain prohibitions and requirements relating to detainees at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1032. Prohibition on use of funds for the transfer or release of individuals from United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1033. Prohibition on the indefinite detention of citizens and lawful permanent residents.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Enhancement of responsibilities of the Chairman of the Joint Chiefs of Staff regarding the National Military Strategy.CommentsClose CommentsPermalink





Sec. 1042. Modification of authority on training of special operations forces with friendly foreign forces.CommentsClose CommentsPermalink





Sec. 1043. Extension of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet.CommentsClose CommentsPermalink





Sec. 1044. Participation of veterans in the Transition Assistance Program of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1045. Modification of the Ministry of Defense Advisor Program.CommentsClose CommentsPermalink





Sec. 1046. Interagency collaboration on unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 1047. Sense of Senate on notice to Congress on unfunded priorities.CommentsClose CommentsPermalink





Sec. 1048. Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions and programs.CommentsClose CommentsPermalink





Sec. 1049. Military working dog matters.CommentsClose CommentsPermalink





Sec. 1050. Prohibition on funds to enter into contracts or agreements with Rosoboronexport.CommentsClose CommentsPermalink





Sec. 1051. Sense of Congress on the Joint Warfighting Analysis Center.CommentsClose CommentsPermalink





Sec. 1052. Transition Assistance Advisor program.CommentsClose CommentsPermalink

Subtitle F--Reports

Sec. 1061. Report on strategic airlift aircraft.CommentsClose CommentsPermalink





Sec. 1062. Repeal of biennial report on the Global Positioning System.CommentsClose CommentsPermalink





Sec. 1063. Repeal of annual report on threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles.CommentsClose CommentsPermalink





Sec. 1064. Report on program on return of rare earth phosphors from Department of Defense fluorescent lighting waste to the domestic rare earth supply chain.CommentsClose CommentsPermalink





Sec. 1065. Report on establishment of joint Armed Forces historical storage and preservation facility.CommentsClose CommentsPermalink





Sec. 1066. Study on Bradley Fighting Vehicle industrial base.CommentsClose CommentsPermalink





Sec. 1067. Report on military resources necessary to execute United States Force Posture Strategy in the Asia Pacific Region.CommentsClose CommentsPermalink





Sec. 1068. Report on planned efficiency initiatives at Space and Naval Warfare Systems Command.CommentsClose CommentsPermalink





Sec. 1069. Study on ability of national air and ground test and evaluation infrastructure facilities to support defense hypersonic test and evaluation activities.CommentsClose CommentsPermalink





Sec. 1069A. Report on simulated tactical flight training in a sustained gravity environment.CommentsClose CommentsPermalink





Sec. 1069B. Report on Department of Defense support for United States diplomatic security.CommentsClose CommentsPermalink





Sec. 1069C. Comptroller General of the United States report on Department of Defense spending for conferences and conventions.CommentsClose CommentsPermalink

Subtitle G--Nuclear Matters

Sec. 1071. Strategic delivery systems.CommentsClose CommentsPermalink





Sec. 1072. Requirements definition for combined warhead for certain missile systems.CommentsClose CommentsPermalink





Sec. 1073. Congressional Budget Office estimate of costs of nuclear weapons and delivery systems.CommentsClose CommentsPermalink





Sec. 1074. Briefings on dialogue between the United States and the Russian Federation on nuclear arms, missile defense, and long-range conventional strike systems.CommentsClose CommentsPermalink

Subtitle H--Other Matters

Sec. 1081. Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.CommentsClose CommentsPermalink





Sec. 1082. Technical amendments to repeal statutory references to United States Joint Forces Command.CommentsClose CommentsPermalink





Sec. 1083. Sense of Congress on non-United States citizens who are graduates of United States educational institutions with advanced degrees in science, technology, engineering, and mathematics.CommentsClose CommentsPermalink





Sec. 1084. Sense of Senate on the maintenance by the United States of a triad of strategic nuclear delivery systems.CommentsClose CommentsPermalink





Sec. 1085. Plan to partner with State and local entities to address veterans claims backlog.CommentsClose CommentsPermalink





Sec. 1086. Sense of the Senate on protection of Department of Defense airfields, training airspace, and air training routes.CommentsClose CommentsPermalink





Sec. 1087. Extension of authorities to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions.CommentsClose CommentsPermalink





Sec. 1088. Sense of Congress that the bugle call commonly known as Taps should be designated as the National Song of Military Remembrance.CommentsClose CommentsPermalink





Sec. 1089. Reports on the potential security threat posed by Boko Haram.CommentsClose CommentsPermalink





Sec. 1090. National Veterans Business Development Corporation.CommentsClose CommentsPermalink





Sec. 1091. White Sands Missile Range and Fort Bliss.CommentsClose CommentsPermalink





Sec. 1092. Transport for female genital mutilation.CommentsClose CommentsPermalink





Sec. 1093. Renewal of expired prohibition on return of veterans memorial objects without specific authorization in law.CommentsClose CommentsPermalink





Sec. 1094. Transfer of excess aircraft to other departments.CommentsClose CommentsPermalink





Sec. 1095. Reauthorization of sale of aircraft and parts for wildfire suppression purposes.CommentsClose CommentsPermalink





Sec. 1096. Protection of veterans’ memorials.CommentsClose CommentsPermalink





Sec. 1097. Transportation of individuals to and from facilities of Department of Veterans Affairs.CommentsClose CommentsPermalink





Sec. 1098. National public awareness and participation campaign for Veterans’ History Project of American Folklife Center.CommentsClose CommentsPermalink





Sec. 1099. Technical amendments relating to the termination of the Armed Forces Institute of Pathology under defense base closure and realignment.CommentsClose CommentsPermalink





Sec. 1099A. Improved enumeration of members of the Armed Forces in any tabulation of total population by Secretary of Commerce.CommentsClose CommentsPermalink





Sec. 1099B. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training.CommentsClose CommentsPermalink





Sec. 1099C. Amendments to law enforcement officer safety provisions of title 18.CommentsClose CommentsPermalink





Sec. 1099D. Modernization of absentee ballot mail delivery system.CommentsClose CommentsPermalink





Sec. 1099E. State Trade and Export Promotion Grant Program.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority for transportation of family household pets of civilian personnel during evacuation of non-essential personnel.CommentsClose CommentsPermalink





Sec. 1102. Expansion of experimental personnel program for scientific and technical personnel at the Defense Advanced Research Projects Agency.CommentsClose CommentsPermalink





Sec. 1103. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.CommentsClose CommentsPermalink





Sec. 1104. Federal Employees Retirement System age and retirement treatment for certain retirees of the Armed Forces.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of foreign military forces and modification of notice in connection with initiation of activities.CommentsClose CommentsPermalink





Sec. 1202. Extension of authority for non-reciprocal exchange of defense personnel between the United States and foreign countries.CommentsClose CommentsPermalink





Sec. 1203. Authority to build the capacity of certain counterterrorism forces in Yemen and East Africa.CommentsClose CommentsPermalink





Sec. 1204. Limitation on availability of funds for State Partnership Program.CommentsClose CommentsPermalink

Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Commanders’ Emergency Response Program in Afghanistan.CommentsClose CommentsPermalink





Sec. 1212. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.CommentsClose CommentsPermalink





Sec. 1213. One-year extension and modification of authority to use funds for reintegration activities in Afghanistan.CommentsClose CommentsPermalink





Sec. 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan.CommentsClose CommentsPermalink





Sec. 1215. Extension of Pakistan Counterinsurgency Fund.CommentsClose CommentsPermalink





Sec. 1216. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink





Sec. 1217. Extension and modification of logistical support for coalition forces supporting certain United States military operations.CommentsClose CommentsPermalink





Sec. 1218. Strategy for supporting the achievement of a secure presidential election in Afghanistan in 2014.CommentsClose CommentsPermalink





Sec. 1219. Independent assessment of the Afghan National Security Forces.CommentsClose CommentsPermalink





Sec. 1220. Report on Afghanistan Peace and Reintegration Program.CommentsClose CommentsPermalink





Sec. 1221. Completion of accelerated transition of United States combat and military and security operations to the Government of Afghanistan.CommentsClose CommentsPermalink





Sec. 1222. Sense of Congress commending the Enduring Strategic Partnership Agreement between the United States and Afghanistan.CommentsClose CommentsPermalink





Sec. 1223. Congressional review of bilateral security agreement with Afghanistan.CommentsClose CommentsPermalink





Sec. 1224. Authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan and certain other countries.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 1231. Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces.CommentsClose CommentsPermalink





Sec. 1232. Additional elements in annual report on military and security developments involving the People’s Republic of China.CommentsClose CommentsPermalink





Sec. 1233. Report on implementation by Government of Bahrain of recommendations in Report of the Bahrain Independent Commission of Inquiry.CommentsClose CommentsPermalink





Sec. 1234. Reports on Syria.CommentsClose CommentsPermalink





Sec. 1235. Report on military activities to deny or significantly degrade the use of air power against civilian and opposition groups in Syria.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 1241. Improved administration of the American, British, Canadian, and Australian Armies’ Program.CommentsClose CommentsPermalink





Sec. 1242. United States participation in Headquarters Eurocorps.CommentsClose CommentsPermalink





Sec. 1243. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services.CommentsClose CommentsPermalink





Sec. 1244. Authority to establish program to provide assistance to foreign civilians for harm incident to combat operations of the Armed Forces in foreign countries.CommentsClose CommentsPermalink





Sec. 1245. Limitation on availability of fundSustainability requirements for certain capital projects in connection with overseas contingency operations.CommentsClose CommentsPermalink





Sec. 1246. Efforts to remove Joseph Kony from power and end atrocities committed by the Lord’s Resistance Army.CommentsClose CommentsPermalink





Sec. 1247. Imposition of sanctions with respect to support for the rebel group known as M23.CommentsClose CommentsPermalink





Sec. 1248. Program on repair, overhaul, and refurbishment of defense articles for sale or transfer to eligible foreign countries and entities.CommentsClose CommentsPermalink





Sec. 1249. Plan for promoting the security of Afghan women and girls during the security transition process.CommentsClose CommentsPermalink





Sec. 1250. Sense of Congress on the Israeli Iron Dome defensive weapon system.CommentsClose CommentsPermalink





Sec. 1251. Sense of the Senate on the situation in the Senkaku Islands.CommentsClose CommentsPermalink





Sec. 1252. Bilateral defense trade relationship with India.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.CommentsClose CommentsPermalink





Sec. 1302. Funding allocations.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.CommentsClose CommentsPermalink





Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink





Sec. 1403. Defense Health Program.

Sec. 1403. Defense Health Program.CommentsClose CommentsPermalink




Sec. 1404. Chemical Agents and Munitions Destruction, Defense.CommentsClose CommentsPermalink





Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--National Defense Stockpile

Sec. 1411. Release of materials needed for national defense purposes from the Strategic and Critical Materials Stockpile.CommentsClose CommentsPermalink

Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Supplemental chemical agent and munitions destruction technologies at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink





Sec. 1432. Additional Weapons of Mass Destruction Civil Support Teams.CommentsClose CommentsPermalink





Sec. 1433. Policy of the United States with respect to a domestic supply of critical and essential minerals.CommentsClose CommentsPermalink

TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose.CommentsClose CommentsPermalink





Sec. 1502. Procurement.CommentsClose CommentsPermalink





Sec. 1503. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 1504. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1505. Military personnel.CommentsClose CommentsPermalink





Sec. 1506. Working capital funds.CommentsClose CommentsPermalink





Sec. 1507. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1509. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1522. Special transfer authority.CommentsClose CommentsPermalink

Subtitle C--Limitations and Other Matters

Sec. 1531. Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1532. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink





Sec. 1533. Plan for transition in funding of United States Special Operations Command from supplemental funding for overseas contingency operations to recurring funding under the future-years defense program.CommentsClose CommentsPermalink





Sec. 1534. Extension of authority on Task Force for Business and Stability Operations in Afghanistan.CommentsClose CommentsPermalink





Sec. 1535. Assessments of training activities and intelligence activities of the Joint Improvised Explosive Device Defeat Organization.CommentsClose CommentsPermalink





Sec. 1536. Submittal to Congress of risk assessments on changes in United States troop levels in Afghanistan.CommentsClose CommentsPermalink





Sec. 1537. Report on insider attacks in Afghanistan and their effect on the United States transition strategy for Afghanistan.CommentsClose CommentsPermalink

TITLE XVI--MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION

Sec. 1601. Short title.CommentsClose CommentsPermalink





Sec. 1602. Purpose.CommentsClose CommentsPermalink





Sec. 1603. Definitions.CommentsClose CommentsPermalink





Sec. 1604. Military Compensation and Retirement Modernization Commission.CommentsClose CommentsPermalink





Sec. 1605. Commission hearings and meetings.CommentsClose CommentsPermalink





Sec. 1606. Principles and procedure for Commission recommendations.CommentsClose CommentsPermalink





Sec. 1607. Consideration of Commission recommendations by the President and Congress.CommentsClose CommentsPermalink





Sec. 1608. Pay for members of the Commission.CommentsClose CommentsPermalink





Sec. 1609. Executive Director.CommentsClose CommentsPermalink





Sec. 1610. Staff.CommentsClose CommentsPermalink





Sec. 1611. Contracting authority.CommentsClose CommentsPermalink





Sec. 1612. Judicial review precluded.CommentsClose CommentsPermalink





Sec. 1613. Termination.CommentsClose CommentsPermalink





Sec. 1614. Funding.CommentsClose CommentsPermalink

TITLE XVII--NATIONAL COMMISSION ON THE STRUCTURE OF THE AIR FORCE

Sec. 1701. Short title.CommentsClose CommentsPermalink





Sec. 1702. Establishment of Commission.CommentsClose CommentsPermalink





Sec. 1703. Duties of the Commission.CommentsClose CommentsPermalink





Sec. 1704. Powers of the Commission.CommentsClose CommentsPermalink





Sec. 1705. Commission personnel matters.CommentsClose CommentsPermalink





Sec. 1706. Termination of the Commission.CommentsClose CommentsPermalink





Sec. 1707. Funding.CommentsClose CommentsPermalink





Sec. 1708. Limitation on availability of funds for reductions to the Air National Guard and the Air Force Reserve.CommentsClose CommentsPermalink





Sec. 1709. Funding for maintenance of force structure of the Air Force pending Commission recommendations.CommentsClose CommentsPermalink





Sec. 1710. Retention of core functions of the Electronic Systems Center at Hanscom Air Force Base pending future structure study.CommentsClose CommentsPermalink





Sec. 1711. Air Force assessments of the effects of proposed movements of airframes on joint readiness training.CommentsClose CommentsPermalink

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink





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

TITLE XXI--ARMY MILITARY CONSTRUCTION

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





Sec. 2102. Family housing.CommentsClose CommentsPermalink





Sec. 2103. Authorization of appropriations, Army.CommentsClose CommentsPermalink





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





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





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





Sec. 2107. Additional authority to carry out certain fiscal year 2013 project.CommentsClose CommentsPermalink

TITLE XXII--NAVY MILITARY CONSTRUCTION

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





Sec. 2202. Family housing.CommentsClose CommentsPermalink





Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink





Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project.CommentsClose CommentsPermalink





Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects.CommentsClose CommentsPermalink





Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects.CommentsClose CommentsPermalink





Sec. 2208. Realignment of Marines in the Asia-Pacific Region.CommentsClose CommentsPermalink

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2302. Family housing.CommentsClose CommentsPermalink





Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink





Sec. 2305. Extension of authorizations of certain fiscal year 2010 projects.CommentsClose CommentsPermalink

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2402. Authorized energy conservation projects.CommentsClose CommentsPermalink





Sec. 2403. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink





Sec. 2404. Extension of authorization of certain fiscal year 2010 project.CommentsClose CommentsPermalink





Sec. 2405. Modification of authority to carry out certain fiscal year 2012 project.CommentsClose CommentsPermalink





Sec. 2406. Additional authority to carry out certain fiscal year 2013 project.CommentsClose CommentsPermalink

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.CommentsClose CommentsPermalink





Sec. 2412. Modification of authority to carry out certain fiscal year 1997 project.CommentsClose CommentsPermalink

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2602. Authorized Army Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2606. Authorization of appropriations, National Guard and Reserve.CommentsClose CommentsPermalink

Subtitle B--Other Matters

Sec. 2611. Extension of authorization of certain fiscal year 2009 project.CommentsClose CommentsPermalink





Sec. 2612. Extension of authorization of certain fiscal year 2010 projects.CommentsClose CommentsPermalink





Sec. 2613. Modification of authority to carry out certain fiscal year 2011 project.CommentsClose CommentsPermalink

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink





Sec. 2702. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink





Sec. 2703. Technical amendments to section 2702 of fiscal year 2012 Act.CommentsClose CommentsPermalink





Sec. 2704. Criteria for decisions involving certain base closure and realignment activities.CommentsClose CommentsPermalink





Sec. 2705. Modification of notice requirements in advance of permanent reduction of sizable numbers of members of the Armed Forces at military installations.CommentsClose CommentsPermalink





Sec. 2706. Report on reorganization of Air Force Materiel Command organizations.CommentsClose CommentsPermalink

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2801. Authorized cost and scope variations.CommentsClose CommentsPermalink





Sec. 2802. Comptroller General report on in-kind payments.CommentsClose CommentsPermalink





Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.CommentsClose CommentsPermalink

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Authority to accept as consideration for leases of non-excess property of military departments and Defense Agencies real property interests and natural resource management services related to agreements to limit encroachment.CommentsClose CommentsPermalink





Sec. 2812. Clarification of parties with whom Department of Defense may conduct exchanges of real property at military installations.CommentsClose CommentsPermalink

Subtitle C--Energy Security

Sec. 2821. Guidance on financing for renewable energy projects.CommentsClose CommentsPermalink





Sec. 2822. Continuation of limitation on use of funds for Leadership in Energy and Environmental Design (LEED) Gold or Platinum certification.CommentsClose CommentsPermalink

Subtitle D--Land Conveyances

Sec. 2831. Land conveyance, local training area for Browning Army Reserve Center, Utah.CommentsClose CommentsPermalink





Sec. 2832. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 2841. Clarification of authority of Secretary to assist with development of public infrastructure in connection with the establishment or expansion of a military installation.CommentsClose CommentsPermalink





Sec. 2842. Petersburg National Battlefield boundary modification.CommentsClose CommentsPermalink





Sec. 2843. Congressional notification with respect to oversight and maintenance of base cemeteries following closure of overseas military installations.CommentsClose CommentsPermalink





Sec. 2844. Additional exemptions from certain requirements applicable to funding for data servers and centers.CommentsClose CommentsPermalink

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.CommentsClose CommentsPermalink





Sec. 3112. Submittal to Congress of selected acquisition reports and independent cost estimates on nuclear weapon systems undergoing life extension.CommentsClose CommentsPermalink





Sec. 3113. Two-year extension of schedule for disposition of weapons-usable plutonium at Savannah River Site, Aiken, South Carolina.CommentsClose CommentsPermalink





Sec. 3114. Program on scientific engagement for nonproliferation.CommentsClose CommentsPermalink





Sec. 3115. Repeal of requirement for annual update of Department of Energy defense nuclear facilities workforce restructuring plan.CommentsClose CommentsPermalink





Sec. 3116. Quarterly reports to Congress on financial balances for atomic energy defense activities.CommentsClose CommentsPermalink





Sec. 3117. Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees.CommentsClose CommentsPermalink





Sec. 3118. Expansion of authority to establish certain scientific, engineering, and technical positions.CommentsClose CommentsPermalink





Sec. 3119. Modification and extension of authority on acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.CommentsClose CommentsPermalink





Sec. 3120. Cost containment for Y-12 Uranium Processing Facility, Y-12 National Security Complex, Oak Ridge, Tennessee.CommentsClose CommentsPermalink





Sec. 3121. Authority to restore certain formerly Restricted Data to the Restricted Data category.CommentsClose CommentsPermalink





Sec. 3122. Renewable energy.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 3131. Report on actions required for transition of regulation of non-nuclear activities of the National Nuclear Security Administration to other Federal agencies.CommentsClose CommentsPermalink





Sec. 3132. Report on consolidation of facilities of the National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3133. Regional radiological security zones.CommentsClose CommentsPermalink





Sec. 3134. Report on legacy uranium mines.CommentsClose CommentsPermalink





Sec. 3135. Comptroller General of the United States review of projects carried out by Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Maritime administrationShort title.CommentsClose CommentsPermalink





Sec. 3502. Container-on-barge transportation.CommentsClose CommentsPermalink





Sec. 3503. Short sea transportation.CommentsClose CommentsPermalink





Sec. 3504. Maritime environmental and technical assistance.CommentsClose CommentsPermalink





Sec. 3505. Identification of actions to enable qualified United States flag capacity to meet national defense requirements.CommentsClose CommentsPermalink





Sec. 3506. Maritime workforce study.CommentsClose CommentsPermalink





Sec. 3507. Maritime administration vessel recycling contract award practices.CommentsClose CommentsPermalink





Sec. 3508. Requirement for barge design.CommentsClose CommentsPermalink





Sec. 3509. Eligibility to receive surplus training equipment.CommentsClose CommentsPermalink

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.CommentsClose CommentsPermalink

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.CommentsClose CommentsPermalink





Sec. 4102. Procurement for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 4302. Operation and maintenance for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.CommentsClose CommentsPermalink





Sec. 4402. Military personnel for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.CommentsClose CommentsPermalink





Sec. 4502. Other authorizations for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.CommentsClose CommentsPermalink

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security authorizations.CommentsClose CommentsPermalink

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 4. SCORING OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE I--PROCUREMENTCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle B--Army ProgramsCommentsClose CommentsPermalink

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

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into a multiyear contract or contracts, beginning with the fiscal year 2013 program year, for the procurement of airframes for CH-47F helicopters.CommentsClose CommentsPermalink





(b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for such later fiscal year.CommentsClose CommentsPermalink

Subtitle C--Navy ProgramsCommentsClose CommentsPermalink

SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. ABRAHAM LINCOLN.

(a) Amount Authorized From SCN Account- Of the amount authorized to be appropriated for fiscal year 2013 by section 101 and available for shipbuilding and conversion as specified in the funding table in section 4101, $1,613,392,000 is authorized to be available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln (CVN-72) during fiscal year 2013. The amount authorized to be made available in the preceding sentence is the first increment in the two-year sequence of incremental funding planned for the nuclear refueling and complex overhaul of that vessel.CommentsClose CommentsPermalink





(b) Contract Authority- The Secretary of the Navy may enter into a contract during fiscal year 2013 for the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln.CommentsClose CommentsPermalink





(c) Condition for Out-year Contract Payments- A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for that later fiscal year.CommentsClose CommentsPermalink

SEC. 122. FORD CLASS AIRCRAFT CARRIERS.

(a) Contract Authority for Construction of Aircraft Carriers Designated CVN-78, CVN-79, and CVN-80- In the fiscal year immediately following the last fiscal year of the contract for advance procurement for a CVN-21 class aircraft carrier designated CVN-78, CVN-79 or CVN-80, the Secretary of the Navy may enter into a contract for the construction of such aircraft carrier to be funded in the fiscal year of such contract for construction and the succeeding four fiscal years, in the case of the vessel designated CVN-78, and the succeeding five fiscal years, in the case of the vessels designated CVN-79 and CVN-80.CommentsClose CommentsPermalink





(b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for any subsequent fiscal year is subject to the availability of appropriations for that purpose for such subsequent fiscal year.CommentsClose CommentsPermalink





(c) Repeal of Superseded Provision- Section 121 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is repealed.CommentsClose CommentsPermalink

SEC. 123. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND FORD CLASS AIRCRAFT CARRIER.

(a) Limitation- Of the amount authorized to be appropriated for fiscal year 2013 by section 101 and available for shipbuilding and conversion for the second Ford class aircraft carrier as specified in the funding table in section 4101, not more than 50 percent of such amount may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees a report setting forth a description of the program management and cost control measures that will be employed in constructing the second Ford class aircraft carrier.CommentsClose CommentsPermalink





(b) Elements- The report described in subsection (a) shall include a plan to do the following with respect to the Ford class aircraft carriers:CommentsClose CommentsPermalink





(1) To maximize planned work in shops and early stages of construction.CommentsClose CommentsPermalink





(2) To sequence construction of structural units to maximize the effects of lessons learned.CommentsClose CommentsPermalink





(3) To incorporate design changes to improve producibility for the Ford class aircraft carriers.CommentsClose CommentsPermalink





(4) To increase the size of erection units to eliminate disruptive unit breaks and improve unit alignment and fairness.CommentsClose CommentsPermalink





(5) To increase outfitting levels for assembled units before erection in the dry-dock.CommentsClose CommentsPermalink





(6) To increase overall ship completion levels at each key construction event.CommentsClose CommentsPermalink





(7) To improve facilities in a manner that will lead to improved productivity.CommentsClose CommentsPermalink





(8) To ensure the shipbuilder initiates plans that will improve productivity through capital improvements that would provide targeted return on investment, including--CommentsClose CommentsPermalink





(A) increasing the amount of temporary and permanent covered work areas;CommentsClose CommentsPermalink





(B) adding ramps and service towers for improved access to work sites and the dry-dock; andCommentsClose CommentsPermalink





(C) increasing lift capacity to enable construction of larger, more fully outfitted super-lifts.CommentsClose CommentsPermalink

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into multiyear contracts, beginning with the fiscal year 2014 program year, for procurement of Virginia class submarines and Government-furnished equipment associated with the Virginia class submarine program.CommentsClose CommentsPermalink





(b) Authority for Advance Procurement- The Secretary may enter into one or more contracts, beginning in fiscal year 2013, for advance procurement associated with the vessels and equipment for which authorization to enter into a multiyear procurement contract is provided under subsection (a).CommentsClose CommentsPermalink





(c) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.CommentsClose CommentsPermalink





(d) Limitation on Termination Liability- contract for construction of vessels or equipment, entered into in accordance with subsection (a) shall include a clause that limits the liability of the Government to the contractor for any termination of the contract. The maximum liability of the Government under the clause shall be the amount appropriated for the vessels or equipment covered by the contract. Additionally, in the event of cancellation, the maximum liability of the Government shall include the amount of the unfunded cancellation ceiling in the contract.CommentsClose CommentsPermalink





(e) Authority tTo Expand Multiyear Procurement- The Secretary may employ incremental funding for the procurement of Virginia class submarines and Government-furnished equipment associated with the Virginia class submarines to be procured during fiscal years 2013 through 2018 if the Secretary--CommentsClose CommentsPermalink





(1) determines that such an approach will permit the Navy to procure an additional Virginia class submarine in fiscal year 2014; andCommentsClose CommentsPermalink





(2) intends to use the funding for that purpose.CommentsClose CommentsPermalink

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS DESTROYERS AND ASSOCIATED SYSTEMS.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into multiyear contracts, beginning with the fiscal year 2013 program year, for the procurement of up to 10 Arleigh Burke class Flight IIA guided missile destroyers, as well as the AEGIS Weapon Systems, MK 41 Vertical Launching Systems, and Commercial Broadband Satellite Systems associated with those vessels.CommentsClose CommentsPermalink





(b) Authority for Advance Procurement- The Secretary may enter into one or more contracts, beginning in fiscal year 2013, for advance procurement associated with the vessels and systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a).CommentsClose CommentsPermalink





(c) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.CommentsClose CommentsPermalink

SEC. 126. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON SYSTEM ASSETS BETWEEN AND WITHIN THE DDG-51 CLASS DESTROYER AND AEGIS ASHORE PROGRAMS IN ORDER TO MEET MISSION REQUIREMENTS.

(a) Authority-CommentsClose CommentsPermalink





(1) TRANSFER TO AEGIS ASHORE SYSTEM- Notwithstanding any other provision of law, the Secretary of the Navy may transfer AEGIS Weapon System (AWS) equipment with ballistic missile defense (BMD) capability to the Missile Defense Agency for use in the AEGIS Ashore System of the Agency for installation in the country designated as Host Nation #1 (HN-1) by transferring to the Agency such equipment procured with amounts authorized to be appropriated to the SCN account for fiscal years 2010 and 2011 for the DDG-51 Class Destroyer Program.CommentsClose CommentsPermalink





(2) ADJUSTMENTS IN EQUIPMENT DELIVERIES-CommentsClose CommentsPermalink





(A) USE OF FY12 FUNDS FOR AWS SYSTEMS ON DESTROYERS PROCURED WITH FY11 FUNDS- Amounts authorized to be appropriated to the SCN account for fiscal year 2012, and any AEGIS Weapon System assets procured with such amounts, may be used to deliver complete, mission-ready AEGIS Weapon Systems with ballistic missile defense capability to any DDG-51 class destroyer for which amounts were authorized to be appropriated for the SCN account for fiscal year 2011.CommentsClose CommentsPermalink





(B) USE OF AWS SYSTEMS PROCURED WITH RDTE FUNDS ON DESTROYERS- The Secretary may install on any DDG-51class destroyer AEGIS weapon systems with ballistic missile defense capability transferred pursuant to paragraph (3).CommentsClose CommentsPermalink





(3) TRANSFER FROM AEGIS ASHORE SYSTEM- The Director of the Missile Defense Agency shall transfer AEGIS Weapon System equipment with ballistic missile defense capability procured for installation in the AEGIS Ashore System to the Department of the Navy for the DDG-51 Class Destroyer Program to replace any equipment transferred to Agency under paragraph (1).CommentsClose CommentsPermalink





(4) TREATMENT OF TRANSFER IN FUNDING DESTROYER CONSTRUCTION- Notwithstanding the source of funds for any equipment transferred under paragraph (3), the Secretary shall fund all work necessary to complete construction and outfitting of any destroyer in which such equipment is installed in the same manner as if such equipment had been acquired using amounts in the SCN account.CommentsClose CommentsPermalink





(5) SCN ACCOUNT DEFINED- In this subsection, the term ‘SCN account’ means the Shipbuilding and Conversion, Navy account.CommentsClose CommentsPermalink





(b) Relationship to Other Law- Nothing in this section shall be construed to repeal or otherwise modify in any way the limitation on obligation or expenditure of funds for missile defense interceptors in Europe as specified in section 223 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 Public Law 111-383; 124 Stat. 4168).CommentsClose CommentsPermalink

SEC. 127. DESIGNATION OF MISSION MODULES OF THE LITTORAL COMBAT SHIP AS A MAJOR DEFENSE ACQUISITION PROGRAM.

(a) Designation Required- The Secretary of Defense shall--CommentsClose CommentsPermalink





(1) designate the effort to develop and produce all variants of the mission modules in support of the Littoral Combat Ship program as a major defense acquisition program under section 2430 of title 10, United States Code; andCommentsClose CommentsPermalink





(2) with respect to the development and production of each variant, submit to the congressional defense committees a report setting forth such cost, schedule, and performance information as would be provided if such effort were a major defense acquisition program, including Selected Acquisition Reports, unit cost reports, and program baselines.CommentsClose CommentsPermalink





(b) Additional Quarterly Reports- The Secretary shall submit to the congressional defense committees on a quarterly basis a report on the development and production of each variant of the mission modules in support of the Littoral Combat Ship, including cost, schedule, and performance, and identifying actual and potential problems with such development or production and potential mitigation plans to address such problems.CommentsClose CommentsPermalink

SEC. 128. TRANSFER OF CERTAIN FISCAL YEAR 2012 PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS FUNDS.

(a) In General- To the extent provided in appropriations Acts, the Secretary of the Navy may transfer from fiscal year 2012 Procurement of Ammunition, Navy and Marine Corps funds, $88,300,000 to other, higher priority programs of the Navy and the Marine Corps.CommentsClose CommentsPermalink





(b) Covered Funds- For purposes of this section, the term ‘fiscal year 2012 Procurement of Ammunition, Navy and Marine Corps funds’ means amounts authorized to be appropriated for fiscal year 2012 by section 101 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1317) and available for Procurement of Ammunition, Navy and Marine Corps as specified in the funding table in section 4101 of that Act.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Construction of Authority- The transfer authority in this section is in addition to any other transfer authority provided in this Act.CommentsClose CommentsPermalink

SEC. 129. TRANSFER OF CERTAIN FISCAL YEAR 2012 PROCUREMENT, MARINE CORPS FUNDS FOR PROCUREMENT OF WEAPONS AND COMBAT VEHICLES.

(a) In General- To the extent provided in appropriations Acts, the Secretary of the Navy may transfer from fiscal year 2012 Procurement, Marine Corps funds for procurement of weapons and combat vehicles, $135,200,000 to other, higher priority programs of the Navy and the Marine Corps.CommentsClose CommentsPermalink





(b) Covered Funds- For purposes of this section, the term ‘fiscal year 2012 Procurement, Marine Corps funds for procurement of weapons and combat vehicles’ means amounts authorized to be appropriated for fiscal year 2012 by section 101 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1317) and available for Procurement, Marine Corps for the procurement of weapons and combat vehicles as specified in the funding table in section 4101 of that Act.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Construction of Authority- The transfer authority in this section is in addition to any other transfer authority provided in this Act.CommentsClose CommentsPermalink

SEC. 130. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT AND PRESENCE REQUIREMENTS.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The United States Marine Corps is a combat force which leverages maneuver from the sea as a force multiplier allowing for a variety of operational tasks ranging from major combat operations to humanitarian assistance.CommentsClose CommentsPermalink





(2) The United States Marine Corps is unique in that, while embarked upon Naval vessels, they bring all the logistic support necessary for the full range of military operations, operating ‘from the sea’ they require no third party host nation permission to conduct military operations.CommentsClose CommentsPermalink





(3) The Department of the Navy has a requirement for 38 amphibious assault ships to meet this full range of military operations.CommentsClose CommentsPermalink





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





(5) The Department of the Navy has been unable to meet even the minimal requirement of 30 operationally available vessels and has submitted a shipbuilding and ship retirement plan to Congress which will reduce the force to 28 vessels.CommentsClose CommentsPermalink





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





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





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





(2) the Department of the Navy carefully evaluate amphibious lift capabilities to meet current and projected requirements;CommentsClose CommentsPermalink





(3) the Department of the Navy should consider prioritization of investment in and procurement of the next generation of amphibious assault ships, as a component of the balanced battle force;CommentsClose CommentsPermalink





(4) the next generation amphibious assault ships should maintain survivability protection;CommentsClose CommentsPermalink





(5) operation and maintenance requirements analysis, as well as the potential to leverage a common hull form design, should be considered to reduce total ownership cost and acquisition cost; andCommentsClose CommentsPermalink





(6) maintaining a robust amphibious ship building industrial base is vital for the future of the national security of the United States.CommentsClose CommentsPermalink

SEC. 131. SENSE OF SENATE ON DEPARTMENT OF NAVY FISCAL YEAR 2014 BUDGET REQUEST FOR TACTICAL AVIATION AIRCRAFT.

It is the sense of Senate that, if the budget request of the Department of the Navy for fiscal year 2014 for F-18 aircraft includes a request for funds for more than 13 new F-18 aircraft, the budget request of the Department of the Navy for fiscal year 2014 for F-35 aircraft should include a request for funds for not fewer than 6 F-35B aircraft and 4 F-35C aircraft, presuming that development, testing, and production of the F-35 aircraft are proceeding according to current plans.CommentsClose CommentsPermalink

SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARDWARE.

Subtitle D--Air Force ProgramsCommentsClose CommentsPermalink

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

(a) Reduction in Inventory Requirement- Section 8062(g)(1) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Effective October 1, 2011, the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(2) by striking ‘301 aircraft’ and inserting ‘275 aircraft’.CommentsClose CommentsPermalink





(b) Modification of Certification Requirement- Section 137(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2221) is amended by striking ‘316 strategic airlift aircraft’ and inserting ‘275 strategic airlift aircraft’.CommentsClose CommentsPermalink





(c) Preservation of Certain Retired C-5 Aircraft- The Secretary of the Air Force shall preserve each C-5 aircraft retired by the Secretary after September 30, 2012, such that the aircraft--CommentsClose CommentsPermalink





(1) is stored in flyable condition;CommentsClose CommentsPermalink





(2) can be returned to service; andCommentsClose CommentsPermalink





(3) is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.CommentsClose CommentsPermalink

SEC. 142. TREATMENT OF CERTAIN PROGRAMS FOR THE F-22A RAPTOR AIRCRAFT AS MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) In General- The Secretary of Defense shall treat the programs referred to in subsection (b) for the F-22A Raptor aircraft as a major defense acquisition program for which Selected Acquisition Reports shall be submitted to Congress in accordance with the requirements of section 2432 of title 10, United States Code.CommentsClose CommentsPermalink





(b) Covered Programs- The programs referred to in this subsection for the F-22A Raptor aircraft are the following:CommentsClose CommentsPermalink





(1) Any modernization program through Increment 3.2A.CommentsClose CommentsPermalink





(2) The Reliability and Maintainability Maturation Program (RAMMP) and the Structural Repair Program (SRP II).CommentsClose CommentsPermalink





(3) The modernization Increment 3.2B and any future F-22A Raptor aircraft modernization program that would otherwise, if a standalone program, qualify for treatment as a major defense acquisition program for purposes of chapter 144 of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 143. AVIONICS SYSTEMS FOR C-130 AIRCRAFT.

(a) Limitations-CommentsClose CommentsPermalink





(1) AVIONICS MODERNIZATION PROGRAM- The Secretary of the Air Force shall take no action to cancel or modify the Avionics Modernization Program (AMP) for the C-130 aircraft until 30 days after the date of the submittal to the congressional defense committees of the report required by subsection (b).CommentsClose CommentsPermalink





(2) CNS/ATM PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall take no action described in subparagraph (B) until 30 days after the date of the submittal to the congressional defense committees of the report required by subsection (b).CommentsClose CommentsPermalink





(B) COVERED ACTIONS- An action described in this subparagraph is an action to begin an alternative communication, navigation, surveillance, and air traffic management (CNS/ATM) program for the C-130 aircraft that is designed or intended--CommentsClose CommentsPermalink





(i) to meet international communication, navigation, surveillance, and air traffic management standards for the fleet of C-130 aircraft; orCommentsClose CommentsPermalink





(ii) to replace the current Avionics Modernization Program for the C-130 aircraft.CommentsClose CommentsPermalink





(b) Report- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees report on the results of a study to be conducted by the Office of Cost Assessment and Program Evaluation of the Department of Defense on the following:CommentsClose CommentsPermalink





(1) The costs and schedule to complete the current program of record for the Avionics Modernization Program for the C-130 aircraft, as anticipated at the time of the last certification on that program under section 2433a of title 10, United States Code.CommentsClose CommentsPermalink





(2) The total cost and schedule, from start to completion, of any proposed alternative communication, navigation, surveillance, and air traffic management program for the C-130 aircraft.CommentsClose CommentsPermalink





(3) The projected manpower savings to be derived from the current program of record for the Avionics Modernization Program for the C-130 aircraft in comparison with the projected manpower savings to be derived from any proposed alternative communication, navigation, surveillance, and air traffic management program for the C-130 aircraft.CommentsClose CommentsPermalink

SEC. 144. PROCUREMENT OF SPACE-BASED INFRARED SYSTEM SATELLITES.

(a) Contract Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force may procure two space-based infrared system satellites by entering into a fixed-price contract for such procurement.CommentsClose CommentsPermalink





(2) COST REDUCTION- The Secretary may include in a contract entered into under paragraph (1) the following:CommentsClose CommentsPermalink





(A) The procurement of material and equipment in economic order quantities if the procurement of such material and equipment in such quantities will result in cost savings.CommentsClose CommentsPermalink





(B) Cost reduction initiatives.CommentsClose CommentsPermalink





(3) USE OF INCREMENTAL FUNDING- The Secretary may use incremental funding for a contract entered into under paragraph (1) for a period not to exceed six fiscal years.CommentsClose CommentsPermalink





(4) LIABILITY- A contract entered into under paragraph (1) shall provide that--CommentsClose CommentsPermalink





(A) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; andCommentsClose CommentsPermalink





(B) the total liability of the Federal Government for the termination of the contract shall be limited to the total amount of funding obligated at the time of the termination of the contract.CommentsClose CommentsPermalink





(b) Limitation of Costs-CommentsClose CommentsPermalink





(1) LIMITATION- Except as provided in subsection (c), and excluding amounts described in paragraph (2), the total amount obligated or expended for the procurement of two space-based infrared system satellites authorized by subsection (a) may not exceed $3,900,000,000.CommentsClose CommentsPermalink





(2) EXCLUSION- The amounts described in this paragraph are amounts associated with the following:CommentsClose CommentsPermalink





(A) Plans.CommentsClose CommentsPermalink





(B) Technical data packages.CommentsClose CommentsPermalink





(C) Post-delivery and program-related support costs.CommentsClose CommentsPermalink





(D) Technical support for obsolescence studies.CommentsClose CommentsPermalink





(c) Adjustment to Limitation Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may increase the limitation set forth in subsection (b)(1) by the amount of an increase described in paragraph (2) if the Secretary submits to the congressional defense committees written notification of the increase made to that limitation.CommentsClose CommentsPermalink





(2) INCREASE DESCRIBED- An increase described in this paragraph is one of the following:CommentsClose CommentsPermalink





(A) An increase in costs that is attributable to economic inflation after September 30, 2012.CommentsClose CommentsPermalink





(B) An increase in costs that is attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2012.CommentsClose CommentsPermalink





(C) An increase in the cost of a space-based infrared system satellite that is attributable to the insertion of a new technology into the satellite that was not built into such satellites procured before fiscal year 2013, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology into the satellite is--CommentsClose CommentsPermalink





(i) expected to decrease the life-cycle cost of the satellite; orCommentsClose CommentsPermalink





(ii) required to meet an emerging threat that poses grave harm to the national security of the United States.CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(1) REPORT ON CONTRACTS- Not later than 30 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a report on the contract that includes the following:CommentsClose CommentsPermalink





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





(B) The type and duration of the contract.CommentsClose CommentsPermalink





(C) The total value of the contract.CommentsClose CommentsPermalink





(D) The funding profile under the contract by year.CommentsClose CommentsPermalink





(E) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract.CommentsClose CommentsPermalink





(2) PLAN FOR USING COST SAVINGS- Not later than 90 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a plan for using the cost savings described in paragraph (1)(A) to improve the capability of military infrared and early warning satellites that includes a description of the following:CommentsClose CommentsPermalink





(A) The available funds, by year, resulting from such cost savings.CommentsClose CommentsPermalink





(B) The specific activities or subprograms to be funded using such cost savings and the funds, by year, allocated to each such activity or subprogram.CommentsClose CommentsPermalink





(C) The objectives for each such activity or subprogram.CommentsClose CommentsPermalink





(D) The criteria used by the Secretary to determine which such activities or subprograms to fund.CommentsClose CommentsPermalink





(E) The method by which the Secretary will determine which such activities or subprograms to fund, including whether that determination will be on a competitive basis.CommentsClose CommentsPermalink





(F) The plan for encouraging participation in such activities and subprograms by small businesses.CommentsClose CommentsPermalink





(G) The process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record.CommentsClose CommentsPermalink





(e) Use of Funds Available for Space Vehicle Number 5 for Space Vehicle Number 6- The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2013 by section 101 for procurement for the Air Force as specified in the funding table in section 4101 and available for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system satellite space vehicle number 5 for the advanced procurement of long-lead parts and the replacement of obsolete parts for space-based infrared system space vehicle number 6.CommentsClose CommentsPermalink





(f) Sense of Congress- It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two space-based infrared system satellites unless the Secretary determines that entering into such a contract will save the Air Force not less than 20 percent over the cost of procuring two such satellites separately.CommentsClose CommentsPermalink

SEC. 145. TRANSFER OF CERTAIN FISCAL YEAR 2011 AND 2012 FUNDS FOR AIRCRAFT PROCUREMENT FOR THE AIR FORCE.

(a) In General- To the extent provided in appropriations Acts, the Secretary of the Air Force may transfer from fiscal year 2011 and 2012 Aircraft Procurement, Air Force funds, an aggregate of $920,748,000 to other, higher priority programs of the Air Force.CommentsClose CommentsPermalink





(b) Covered Funds- For purposes of this section, the term ‘fiscal year 2011 and 2012 Aircraft Procurement, Air Force funds’ means--CommentsClose CommentsPermalink





(1) amounts authorized to be appropriated for fiscal year 2011 by section 103(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4152) for aircraft procurement for the Air Force; andCommentsClose CommentsPermalink





(2) amounts authorized to be appropriated for fiscal year 2012 by section 101 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1317) and available for Aircraft Procurement, Air Force as specified in the funding table in section 4101 of that Act.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Construction of Authority- The transfer authority in this section is in addition to any other transfer authority provided in this Act.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice MattersCommentsClose CommentsPermalink

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

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract or contracts, beginning with the fiscal year 2013 program year, for the procurement of V-22 aircraft for the Department of the Navy, the Department of the Air Force, and the United States Special Operations Command.CommentsClose CommentsPermalink





(b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2013 is subject to the availability of appropriations for that purpose for such later fiscal year.CommentsClose CommentsPermalink

SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR FULL-RATE PRODUCTION OF HANDHELD, MANPACK, AND SMALL FORM/FIT RADIOS UNDER THE JOINT TACTICAL RADIO SYSTEM PROGRAM.

Amounts available for the Joint Tactical Radio System (JTRS) program may not be obligated or expended for full-rate production of the Handheld, Manpack, and Small Form/Fit (HMS) radios under that program until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees that the acquisition strategy for such radios provides, to the maximum extent practicable, for full and open competition in the acquisition of such radios.CommentsClose CommentsPermalink

SEC. 153. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.

(a) Initial Report- Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report setting forth the following:CommentsClose CommentsPermalink





(1) A description of the efforts of the contractor under the Shallow Water Combat Submersible (SWCS) program and the United States Special Operations Command to improve the accuracy of the tracking of the schedule and costs of the program.CommentsClose CommentsPermalink





(2) The revised timeline for the initial and full operational capability of the Shallow Water Combat Submersible.CommentsClose CommentsPermalink





(3) A current estimate of the cost to meet the basis of issue requirement under the program.CommentsClose CommentsPermalink





(b) Subsequent Reports-CommentsClose CommentsPermalink





(1) QUARTERLY REPORTS REQUIRED- The Commander of the United States Special Operations Command shall submit to the congressional defense committees on a quarterly basis updates on the metrics from the earned value management system with which the Command is tracking the schedule and cost performance of the contractor of the Shallow Water Combat Submersible program.CommentsClose CommentsPermalink





(2) SUNSET- The requirement in paragraph (1) shall cease on the date the Shallow Water Combat Submersible has completed operational testing and has been found to be operationally effective and operationally suitable.CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle B--Program Requirements, Restrictions, and LimitationsCommentsClose CommentsPermalink

SEC. 211. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICROELECTRONICS ACTIVITY.

Amounts authorized to be appropriated for fiscal year 2013 by section 201 and available for research, development, test, and evaluation for the Next Generation Foundry for the Defense Microelectronics Activity (DMEA) (PE #603720S) as specified in the funding table in section 4201 may not be obligated or expended for that purpose until 60 days after the date on which the Assistant Secretary of Defense for Research and Engineering--CommentsClose CommentsPermalink





(1) develops a microelectronics strategy as described in the Senate report to accompany S. 1235 of the 112th Congress (S. Rept. 112-26) and an estimate of the full life-cycle costs for the upgrade of the Next Generation Foundry; andCommentsClose CommentsPermalink





(2) submits the strategy and cost estimate required by paragraph (1) to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 212. ADVANCED ROTORCRAFT INITIATIVE.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall, in consultation with the military departments, the Defense Advanced Research Projects Agency, and industry (including the Vertical Lift Consortium (VLC)), submit to the congressional defense committees a report setting forth a strategy for the use of integrated platform design teams and agile prototyping approaches for the development of advanced rotorcraft capabilities.CommentsClose CommentsPermalink





(b) Elements- The strategy required by subsection (a) shall include the following:CommentsClose CommentsPermalink





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





(2) A restructuring of the Joint Multi-role (JMR) development program of the Army to include more technology demonstration platforms with challenge goals of significant reductions in cost and time to flight.CommentsClose CommentsPermalink





(3) A restructuring of the X-Plane Rotorcraft program of the Defense Advanced Research Projects Agency to develop performance objectives beyond the Joint Multi-role development program, including at least two competing teams.CommentsClose CommentsPermalink





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

SEC. 213. TRANSFER OF CERTAIN FISCAL YEAR 2012 NAVY RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FUNDS.

(a) In General- To the extent provided in appropriations Acts, the Secretary of the Navy may transfer from fiscal year 2012 Navy research, development, test, and evaluation funds, $8,832,000 to other, higher priority programs of the Navy.CommentsClose CommentsPermalink





(b) Covered Funds- For purposes of this section, the term ‘fiscal year 2012 Navy research, development, test, and evaluation funds’ means amounts authorized to be appropriated for fiscal year 2012 by section 201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1329) and available for Research, Development, Test, and Evaluation, Navy as specified in the funding table in section 4201 of that Act.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Construction of Authority- The transfer authority in this section is in addition to any other transfer authority provided in this Act.CommentsClose CommentsPermalink

SEC. 214. AUTHORITY FOR DEPARTMENT OF DEFENSE LABORATORIES TO ENTER INTO EDUCATION PARTNERSHIPS WITH EDUCATIONAL INSTITUTIONS IN UNITED STATES TERRITORIES AND POSSESSIONS.

(a) Authority- Subsection (a) of section 2194 of title 10, United States Code, is amended by inserting ‘, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any possession of the United States’ after ‘institutions of the United States’.CommentsClose CommentsPermalink





(b) Technical Amendment- Subsection (f)(2) of such section is amended by inserting ‘(20 U.S.C. 7801)’ before the period.CommentsClose CommentsPermalink

SEC. 215. TRANSFER OF CERTAIN FISCAL YEAR 2012 AIR FORCE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FUNDS.

(a) In General- To the extent provided in appropriations Acts, the Secretary of the Air Force may transfer from fiscal year 2012 Air Force research, development, test, and evaluation funds, $78,426,000 to other, higher priority programs of the Air Force.CommentsClose CommentsPermalink





(b) Covered Funds- For purposes of this section, the term ‘fiscal year 2012 Air Force research, development, test, and evaluation funds’ means amounts authorized to be appropriated for fiscal year 2012 by section 201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1329) and available for Research, Development, Test, and Evaluation, Air Force as specified in the funding table in section 4201 of that Act.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Construction of Authority- The transfer authority in this section is in addition to any other transfer authority provided in this Act.CommentsClose CommentsPermalink

Subtitle C--Missile Defense MattersCommentsClose CommentsPermalink

SEC. 231. HOMELAND BALLISTIC MISSILE DEFENSE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The Ballistic Missile Defense Review of February 2010 stated as its first policy priority that ‘the United States will continue to defend the homeland against the threat of limited ballistic missile attack’ and that ‘an essential element of the United States’ homeland ballistic missile defense strategy is to hedge against future uncertainties, including both the uncertainty of future threat capabilities and the technical risks inherent to our own development plans’.CommentsClose CommentsPermalink





(2) The United States currently has an operational Ground-based Midcourse Defense (GMD) system with 30 Ground-Based Interceptors (GBIs) deployed in Alaska and California, protecting the United States against the potential future threat of limited ballistic missile attack from countries such as North Korea and Iran.CommentsClose CommentsPermalink





(3) As Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley Roberts testified before the Committee on Armed Services of the Senate on April 25, 2012, ‘[w]ith 30 GBIs in place, the United States is in an advantageous position vis-a.AE2-vis the threats from North Korea and Iran,’ and ‘neither has successfully tested an ICBM or demonstrated an ICBM-class warhead’.CommentsClose CommentsPermalink





(4) Deputy Assistant Secretary Roberts testified that maintaining this advantageous position ‘requires continued improvement to the GMD system, including enhanced performance by the GBIs and the deployment of new sensors. It also requires the development of the Precision Tracking Space System (PTSS) to handle larger raid sizes and the Standard Missile-3 (SM-3) Block IIB as the ICBM threat from states like Iran and North Korea matures. These efforts will help to ensure that the United States possesses the capability to counter the projected threat for the foreseeable future’.CommentsClose CommentsPermalink





(5) As its highest priority, the Missile Defense Agency is designing a correction to the problem that caused a December 2010 flight test failure of the Ground-based Midcourse Defense system using the Capability Enhancement II (CE-II) model of exo-atmospheric kill vehicle, and plans to demonstrate the correction in two flight tests before resuming production or assembly of additional Capability Enhancement II kill vehicles.CommentsClose CommentsPermalink





(6) The Department of Defense has a program to improve the performance and reliability of the Ground-based Midcourse Defense system, including a plan to test every component of the Ground-Based Interceptors for reliability. According to Department of Defense officials, the goal of the Ground-Based Interceptor reliability program is to double the number of threat Intercontinental Ballistic Missiles (ICBMs) that our current inventory of Ground-Based Interceptors could defeat, thereby effectively doubling the capability of our current Ground-based Midcourse Defense system.CommentsClose CommentsPermalink





(7) The Missile Defense Agency, working with the Director of Operational Test and Evaluation and with United States Strategic Command, has developed a comprehensive Integrated Master Test Plan (IMTP) for missile defense, with flight tests for the Ground-based Midcourse Defense system planned through fiscal year 2022, including salvo testing, multiple simultaneous engagement testing, and operational testing.CommentsClose CommentsPermalink





(8) The Director of Operational Test and Evaluation, who must review, approve, and sign each semi-annual version of the Integrated Master Test Plan, testified that the Test Plan is ‘a robust and rigorous test plan’. He also testified that the current pace of Ground-based Midcourse Defense system testing of one flight test per year is the ‘best that we’ve been able to achieve over a decade’.CommentsClose CommentsPermalink





(9) The Director of the Missile Defense Agency testified before the Committee on Armed Services of the Senate on April 25, 2012, that flight testing the Ground-based Midcourse Defense system more often than once per year could cause ‘greater risk of further failure and setbacks to developing our homeland defense capability as rapidly as possible’.CommentsClose CommentsPermalink





(10) As part of its homeland defense hedging strategy, the Department of Defense has already decided upon or implemented a number of actions to improve the missile defense posture of the United States in case the threat of Intercontinental Ballistic Missiles from North Korea or Iran emerges sooner or in greater numbers than anticipated. These include the following actions:CommentsClose CommentsPermalink





(A) The Missile Defense Agency has completed construction of Missile Field-2 at Fort Greely, Alaska, with eight extra silos available to deploy additional operational Ground-Based Interceptors, if needed.CommentsClose CommentsPermalink





(B) With its request for 5 additional Ground-Based Interceptors in the budget of the President for fiscal year 2013, the Missile Defense Agency plans to have enough test and spare Ground-Based Interceptors to emplace in the 8 extra silos from 2014 through 2025, and will keep the Ground-Based Interceptor production line active for 5 additional years, thus allowing additional Ground-Based Interceptor purchases in the future, if needed.CommentsClose CommentsPermalink





(C) The Department has decided not to decommission prototype Missile Field-1 at Fort Greely but, instead, to keep it in a storage status that would permit it to be refurbished and reactivated within a few years if future threat developments make that necessary.CommentsClose CommentsPermalink





(D) The Missile Defense Agency plans to build an in-flight interceptor communications terminal at Fort Drum, New York, to enhance the performance of Ground-Based Interceptors defending the eastern United States against possible future missile threats from Iran.CommentsClose CommentsPermalink





(E) The Missile Defense Agency is continuing the development and testing of the two-stage Ground-Based Interceptor for possible deployment in the future, if needed.CommentsClose CommentsPermalink





(F) The Missile Defense Agency is upgrading early warning radars in Clear, Alaska, and Cape Cod, Massachusetts, to enhance the ability to defend against potential multiple future Intercontinental Ballistic Missile threats from North Korea and Iran.CommentsClose CommentsPermalink





(G) The Missile Defense Agency is pursuing development of the Standard Missile-3 Block IIB interceptor for Phase 4 of the European Phased Adaptive Approach. It is intended to augment the Ground-based Midcourse Defense system as a cost-effective first layer of defense of the homeland against a possible future Intercontinental Ballistic Missile threat from Iran.CommentsClose CommentsPermalink





(H) The Missile Defense Agency is pursuing development of the Precision Tracking Space System, a satellite sensor system to provide persistent tracking of large numbers of missiles in flight, and fire-control quality targeting data to various missile defense interceptor systems. According to the Director of the Missile Defense Agency, ‘the greatest future enhancement for both homeland and regional defense in the next ten years is the development of the Precision Tracking Space System satellites’.CommentsClose CommentsPermalink





(11) As part of its homeland defense hedging strategy review, the Department of Defense is considering other options to enhance the future United States posture to defend the homeland, including the feasibility, advisability and affordability of deploying additional Ground-Based Interceptors, either in Alaska or at a missile defense site on the East Coast of the United States.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) it is a national priority to defend the homeland against the potential future threat of limited ballistic missile attack from countries such as North Korea and Iran;CommentsClose CommentsPermalink





(2) the currently deployed Ground-based Midcourse Defense system, with 30 Ground-Based Interceptors deployed in Alaska and California, provides protection of the United States homeland against the potential future threat of limited ballistic missile attack from North Korea and Iran;CommentsClose CommentsPermalink





(3) it is essential for the Ground-based Midcourse Defense system to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland against limited ballistic missile attack;CommentsClose CommentsPermalink





(4) the Missile Defense Agency should, as its highest priority, correct the problem that caused the December 2010 Ground-based Midcourse Defense system flight test failure and demonstrate the correction in flight tests before resuming production of the Capability Enhancement-II kill vehicle, in order to provide confidence that the system will work as intended;CommentsClose CommentsPermalink





(5) the Department of Defense should continue to enhance the performance and reliability of the Ground-based Midcourse Defense system, and enhance the capability of the Ballistic Missile Defense System, to provide improved capability to defend the homeland against possible increased future missile threats from North Korea and Iran;CommentsClose CommentsPermalink





(6) the Missile Defense Agency should continue its robust, rigorous, and realistic testing of the Ground-based Midcourse Defense system at a pace of one flight test per year, as described in the Integrated Master Test Plan, including salvo testing, multiple simultaneous engagement testing, and operational testing;CommentsClose CommentsPermalink





(7) if successfully developed, the Standard Missile-3 Block IIB interceptor would provide an essential first layer of defense of the homeland against an emerging Intercontinental Ballistic Missile threat from Iran, using a cost-effective forward-based early intercept system that could permit holding Ground-Based Interceptors in reserve, and if such interceptor could be deployed on ships, it would also provide a significant enhancement to defense against possible future threats from North Korea;CommentsClose CommentsPermalink





(8) the Precision Tracking Space System has the potential to improve dramatically the capability of homeland and regional missile defense systems against large numbers of missiles launched simultaneously, and should remain a high priority for development;CommentsClose CommentsPermalink





(9) the Department of Defense has taken a number of prudent, affordable, cost-effective, and operationally significant steps to hedge against the possibility of future growth in the missile threat to the homeland from North Korea and Iran; andCommentsClose CommentsPermalink





(10) the Department of Defense should continue to evaluate the evolution of the long-range missile threat from North Korea and Iran and consider other possibilities for prudent, affordable, cost-effective, and operationally significant steps to improve the posture of the United States to defend the homeland against possible future growth in the threat.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of efforts to improve the homeland ballistic missile defense capability of the United States.CommentsClose CommentsPermalink





(2) ELEMENTS OF REPORT- The report required by paragraph (1)) shall include the following:CommentsClose CommentsPermalink





(A) A detailed description of the actions taken or planned to improve the reliability, availability, and capability of the Ground-based Midcourse Defense system.CommentsClose CommentsPermalink





(B) A description of any improvements achieved as a result of the actions described in subparagraph (A).CommentsClose CommentsPermalink





(C) A description of the results of the two planned flight tests of the Ground-based Midcourse Defense system (Control Test Vehicle flight test-1, and GMD Flight Test-06b) intended to demonstrate the success of the correction of the problem that caused the flight test failure of December 2010, and the status of any decision to resume production of the Capability Enhancement-II kill vehicle.CommentsClose CommentsPermalink





(D) A detailed description of actions taken or planned to improve the homeland defense posture of the United States to hedge against potential future Intercontinental Ballistic Missile threat growth from North Korea and Iran.CommentsClose CommentsPermalink





(E) Any other matters the Secretary considers appropriate.CommentsClose CommentsPermalink





(3) FORM OF REPORT- The report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 232. REGIONAL BALLISTIC MISSILE DEFENSE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) In the introduction to the Ballistic Missile Defense Review of February 2010, Secretary of Defense Robert Gates states that ‘I have made defending against near-term regional threats a top priority of our missile defense plans, programs and capabilities’.CommentsClose CommentsPermalink





(2) In describing the threat of regional ballistic missiles, the report of the Ballistic Missile Defense Review states that ‘there is no uncertainty about the existence of regional threats. They are clear and present. The threat from short-range, medium-range, and intermediate-range ballistic missiles (SRBMs, MRBMs, and IRBMs) in regions where the United States deploys forces and maintains security relationships is growing at a particularly rapid pace’.CommentsClose CommentsPermalink





(3) In testimony before the Committee on Armed Services of the Senate on April 25, 2012, Dr. Bradley Roberts, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy stated, with respect to regional missile defense, that ‘the need arises from the rapidly emerging threats to our armed forces in Europe, the Middle East, and East Asia from regional missile proliferators and the basic challenge such proliferation poses to the safety and security of our forces and allies and to our power projection strategy’.CommentsClose CommentsPermalink





(4) Iran has the largest inventory of regional ballistic missiles in the Middle East, with hundreds of missiles that can reach southeastern Europe and all of the Middle East, including Israel. Iran is improving its existing missiles and developing new and longer-range missiles.CommentsClose CommentsPermalink





(5) North Korea has a large and growing inventory of short-range and medium-range ballistic missiles that can reach United States forces and allies in South Korea and Japan. North Korea is improving its existing missiles and developing new and longer-range missiles.CommentsClose CommentsPermalink





(6) In September 2009, President Barack Obama announced that he had accepted the unanimous recommendation of the Secretary of Defense and the Joint Chiefs of Staff to establish a European Phased Adaptive Approach to missile defense, designed to protect deployed United States forces and allies and partners in Europe against the large and growing threat of ballistic missiles from Iran.CommentsClose CommentsPermalink





(7) In November 2010, at the Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to adopt the core mission of missile defense of its population, territory and forces. The North Atlantic Treaty Organization agreed to enhance its missile defense command and control system, the Active Layered Theater Ballistic Missile Defense, to provide a North Atlantic Treaty Organization command and control capability. This is in addition to contributions of missile defense capability from individual nations.CommentsClose CommentsPermalink





(8) During 2011, the United States successfully implemented Phase 1 of the European Phased Adaptive Approach, including deployment of an AN/TPY-2 radar in Turkey, deployment of an Aegis Ballistic Missile Defense ship in the eastern Mediterranean Sea with Standard Missile-3 Block IA interceptors, and establishment of a missile defense command and control system in Germany.CommentsClose CommentsPermalink





(9) During 2011, the United States successfully negotiated all the international agreements with North Atlantic Treaty Organization allies needed to permit future phases of the European Phased Adaptive Approach, including agreements with Romania and Poland to permit the deployment of Aegis Ashore missile defense systems on their territory, an agreement with Turkey to permit deployment of an AN/TPY-2 radar on its territory, and an agreement with Spain to permit the forward stationing of four Aegis Ballistic Missile Defense ships at Rota.CommentsClose CommentsPermalink





(10) Phase 2 of the European Phased Adaptive Approach is planned for deployment in 2015, and is planned to include the deployment of Standard Missile-3 Block IB interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Romania.CommentsClose CommentsPermalink





(11) Phase 3 of the European Phased Adaptive Approach is planned for deployment in 2018, and is planned to include the deployment of Standard Missile-3 Block IIA interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Poland.CommentsClose CommentsPermalink





(12) Phase 4 of the European Phased Adaptive Approach is planned for deployment in 2020, and is planned to include the deployment of Standard Missile-3 Block IIB interceptors at Aegis Ashore sites. This interceptor is intended to protect both Europe and the United States against potential future long-range ballistic missiles from Iran.CommentsClose CommentsPermalink





(13) At the North Atlantic Treaty Organization Summit in Chicago in 2012, the North Atlantic Treaty Organization plans to announce it has achieved an ‘interim capability’ for the North Atlantic Treaty Organization missile defense system, including initial capability of its Active Layered Theater Ballistic Missile Defense system at a command and control facility in Germany.CommentsClose CommentsPermalink





(14) The United States has a robust program of missile defense cooperation with Israel, including joint development of the Arrow Weapon System and the new Arrow-3 upper tier interceptor, designed to defend Israel against ballistic missiles from Iran. These jointly developed missile defense systems are designed to be interoperable with United States ballistic missile defenses, and these interoperable systems are tested in large military exercises. The United States has deployed an AN/TPY-2 radar in Israel to enhance missile defense against missiles from Iran.CommentsClose CommentsPermalink





(15) The United States is working with the nations of the Gulf Cooperation Council on enhanced national and regional missile defense capabilities against growing missile threats from Iran. As part of this effort, the United Arab Emirates plans to purchase two batteries of the Terminal High Altitude Air Defense (THAAD) system, as well as other equipment.Comments